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england_n	king_n	lord_n	westminster_n	3,206	5	9.6908	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50695	A collection of acts of Parliament, charters, trials at law, and judges opinion concerning those grants to the Colledge of Physicians London, taken from the originals, law-books, and annals, commanded by Sir Edward Alston Kt., president, and the elects and censors / made by Christopher Merret ...	Merret, Christopher, 1614-1695.	1660 (1660)	Wing M1836; ESTC R18709	67,476	139

and assented unto for the better enabling authorizing and investing of the said President or Colledge and Comminalty and their Successors to and with the several grants powers priviledges authorities exemptions immunities and other matters and things in these presents to them given granted and confirmed or intended to be to them given granted or confirmed according to our gracious intent and meaning herein before specified and expressed And further we will and by these presents for us our heirs and successors do grant unto the said President and Colledge or Comminalty and A farther Confirmation of this Cha●ter their Successors That these our Letters Patents and all and singular the gifts grants authorities powers priviledges and immunities and other things therein contained shall be good firm available and effectual in the law to the intents and purposes aforesaid and shall be in all and every our Courts of Record and elswhere had taken construed and adjudged most strongly against us our heirs and sucessors and most benignly favourably and beneficially to and for the said President and Colledge or Comminalty and their Successors any Statute Act Ordinance Custome Usage Gift Grant or any other matter or thing heretofore had made used ordained or provided to the contrary in any wise notwithstanding Nevertheless we will and our intent and meaning is That the said President and Colledge or Comminalty and their Successors shall answer and pay to us our heirs and successors for and in respect of the fines amerciaments penalties forfeitures and sums of money herein before mentioned and by these presents to them granted as aforesaid the yearly Rent of Six pounds of lawful Six pound Rent to the King money of England at the Receipt of our Exchequer at Westminster at the Feast of the Annunciation of the blessed Virgin Mary and St. Michael the Archangel by even and equal portions any thing herein contained to the contrary notwithstanding Although express mention of the true yearly value or certainty of the premises or any of them or of any other gifts or grants by us or any of our progenitors or predecessors to the foresaid President and Colledge or Comminalty heretofore made in these presents is not made or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordained or provided or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding In witness whereof we have caused these our Letters to be made Patents Witness our self at Westminster the eighth day of October in the fifteenth year of our Reign of England France and Ireland and of Scotland the one and fiftieth Yonge Per bre de privato Sigillo Irr. in memorand Scacc. de Anno octavo Regis nune Caroli viz. inter Record de termino sci Michis Ro. Ex parte Reverend dci dom Regis In magno Rotulo de Anno 23. Regis Caroli London PResidens Colleg. Coitas Medicor Lond. deb 27 l. 10 s. medietas 55 l. versus Johannem Bugge de parochia Ecclie Xpi London recuperat per Judicium Cur. quia exercuit facultatem Medicin per spatium xi mens integr non existen admissus ad exercendum occupand dict facultat medicin per President Collegium seu Communitat facultat Medicin London lris sigillo suo comui sigillat contra formam statuti iu hmoi casu edit provis super ipos onerat virtute Ordinis hujus Scacc. dat tertio Julii Anno 15 to Regis Caroli But the said sum of 27 l. 10 s. is allowed to the President and Colledge of the Faculty of Physick within the City of London by Letters Patents under the Great Seal of England bearing date the 8. day of October in the 15. year of the late King James of England and of Scotland the 51. and by Judgment of the Barons of this Court of publique Exchequer entred among the Records of Easter Term in the 7. year of the reign of the late King Charles in the custody of the first Remembrancer there Roll the 24. And they are quit Examined by Hen. Croke Clerk of the Pipe The Common Law against them that practice being not admitted SI un que nest Physition ou Surgeon emprent sur luy un cure que murrust in sa main que cest felonie Stanford Pleas of the Crown cap. 9. Fitz Herbert tit Cor. pag. 311. Briton fol. 14. Which Dalton thus Englisheth And if one which is no Physician or Surgeon or which is not allowed to use or practise such Faculty will take a cure upon him and his Patient dieth under his hand this hath been holden to be felonie Lambard Eiren. tit Felonie saith thus That Thorpe 43. Edw. 3. 33. saith he knew one to be indited accordingly But if this should be drawn to felony then I see not but that the same must be accounted murther in respect either of the bold presumption or of the will to do harm which doth amount to malice And Dalt in his Countrey Justice chap. 93. querieth thus of this Case It cannot be discerned whether the Patients death cometh by any wilfull default in the party taking such Cure upon him or by the Patients infirmities Again there appeareth in them no will to do harm but rather to do good and then the Stat. 34. Hen. 8. cap. 8. leaveth so great a liberty of such practise to unskilful persons that it will be hard now to make it felony A Copy of an Exemplification of a Recovery against Edmund Gardiner 11. Feb. 6. Jac. JAcobus dei Gra. Angl. Scot. Fran. Hibernie Rex fidei defensor c. Ōibus ad quos presentes l̄re n̄re pervenerint saltem inspeximus quoddam Recordum coram nobis hitum in hec verba ss Plita coram dno Rege apud Westm Termino sci Michis anno Regni dom Jacobi nunc Regis Anglie tertio Rotlo 438. ss London ss memorand quod al 's scilt Termino sce Trinitatis ultimo preterit Coram dno Rege apud Westm ven Thomas Langton in Medicinis Doctor Presidens Collegii sive Coitatis facultatis Medicine London qui tam pro dno Rege qm pro seipo Collegio predcto sequitur per L. G. Atturnat suum Et protulit hic in Curia dct dom Regis tunc ibm quandam billam suam versus Edmundum Gardiner in Custod Marr. c. de plito debi sunt pleg de proc scilt Johes Doo Ricus Roo Que quidem billa sequitur in hec verba ss Londn ss Thomas Langton in Medicinis Doctor Presidens Collegii sive Coitatis facultatis Medicine London qui tam pro dno Rege quam pro seipo Collegio predco sequitur queritur de Edmundo Gardiner in Custod Marr. maresc dni Regis coram ipo Rege existen de plico quod reddat eidem dno Regi ac prefat Presiden Collegio predco Sexaginta libras legalis mouete Anglie quas eis debet injuste detinet pro eo viz.

Statute of 14. H. 8. Wherefore it was adjudged for the Plaintiff Coram Judice D. Jo. Popham APrilis die 8. Anno Dom. 1602. Compauerunt Rogerus Jinkins Simon Read in Aedibus Primarii Angliae Justitiarii D. Johannis Popham Equitis Aurati coram ipso Judice quiritantes de Injuria illis illata per Praesidentem Censores Collegii Medicorum quorum authoritate ob illegitimam Medicinae praxin in Carcerem conjecti sunt ibidemque jam per aliquot septimanas detenti Adfuerunt ex parte Collegii per Praesidentem missi Censores tres D. Johannes Nowell Edwardus Lyster Johannes Argent Incarceratorum causam agebat quidem Magister Harris Jurisperitus Judex prius sedulò perlectis iis Regni statutis quae ad medicinam faciunt Jinkins urgebat ut rationem redderet cur ausus sit Medicinam exercere licenti● non priùs impetratâ à Collegio Medicorum Is Primùm Praxin denegavit Postea urgente magis Judice haesitanter ambigue respondit Tandem metuens ne Jurejurando premeretur fassus est se aliquando Practicasse idque ut putabat non illicitè Quid inquit Judex Obtinuistine unquam Collegii Commune Sigillum Non inquit ille Sed quia Chirurgus sum in opere Chirurgico saepe necessarius est internorum Medicamentorum usus Respondit Judex re ita urgente advocandum esse Medicum atque nullo modo licere Chirurgo medicum agere Objecit Jurisperitus Praesidentis Censorum authoritatem non eam esse quâ possint quenquam in Carcerem conjicere ideoque à Collegio ad alios Judices causam omnem esse promovendam Hunc reprehendit Judex asserebatque validam esse maximéque legitimam hac ex parte Collegii authoritatem Multùm tandem conquestus est Jinkins quòd ob raram praxin eamque ex aliorum Praescripto tam gravis ei Mulcta sit inflicta Tum Libro Annalium ostenso Compertum est eum jam antea sexties Publicè accusatum esse aliquoties etiam leves mulctas subiisse Unde Judici aequissimum visum est ut cum clementer tractatus incorrigibilem tamen se praebuisset graviori tandem mulcta premeretur Et eo quòd aliorum Medicorum Praescriptis ad suam Praxin saepius sit abusus Consultissimum putavit Medicor praescriptis Dies Mensis cum patientis Nomine adscribendus Judex ut omnes Medici Praescriptis suis omnibus diem mensis Patientis nomen inscribant unde fraus iis abutentium faciliùs deprehendi possit Judex Re auditâ Collegiique Censurâ optimè approbatâ Jinkins redditur Carceri Jinkins denuò Carceri reddendum censuit donec Praesidenti Censoribus satisfactum sit Cumque quorundam Amicorum instantiâ rogatus est Judex ut fide-jussoribus admissis immunitatem illi concederet à Carcere Non est inquit Judex penes me ut hoc faciam Legibus enim Regni illis solum datur ut istud concedant Quidam qui astabat objecit Statuto quodam regni cautum esse ne quis liber Civis Londinensis per forinsecum aliquem incarceretur Perlectis statuti verbis nulloque modo sensum hunc ferentibus Hujusmodi inquit Judex interpretationibus meam etiam possitis infringere authoritatem These words the Lord Chief Justice said in hearing this Cause 1. There is no sufficient Licence without the Colledge Seal 2. No Chirurgeon as a Chirurgeon may practise Physick no not for any disease though it be the great Pox. 3. That the authority of the Colledge is strong and sufficient to commit to prison 4. That the Censure of the Colledge rising from lesser mulcts to greater was equal and reasonable 5. That no man though never so learned a Physician or Doctor may practise in London or within seven miles without the Colledge Licence Annal. l. 1. pag. 155 156. Read conquestus est Collegium contra regni statutum ultra 20 l. paenam erogasse verbis statuti perpensis pronuntiavit Judex Collegio licere quam velint mulctam infligere custodem tamen carceris non esse astrictum ut eum detineat si sit ultra 20 l. Read praxin suam asseruit quod statuto regni cuivis concessum est per herbas c. aliquos saltem morbos curare at respondit Judex nonlicere quoniam non ad missus erat per Collegium Resolutions of Questions concerning the Colledge by the Lord Chancellor and Judges THe King having directed his Letters to the Right Honourable Thomas Lord Ellesmere Lord Chancellor of England Sir John Popham Lord chief Justice and one of his privy Councel They the said Lord Chancellor and Lord chief Justice by vertue of the same Letters called unto them Sir Thomas Fleminge then Lord chief Baron Sir Thomas Walmesley Sir Peter Warburton Knights Justices of the Court of Common-Pleas and Sir David Williams and Sir Lawrence Tanfield Justices of the Kings-Bench and after due consideration had both of the Charter of King Hen. 8. and several Acts of Parliament thereof made in the 14. year of the same King and the other in the first year of Queen Mary did on the first of May 1607. at the house of the said Lord Chancellor called York-house resolve the several Questions hereafter mentioned Quest 1 Whether Graduates of Oxford and Cambridge may practise in London or seven miles compass of the same without Licence under the said Colledge Seal by vertue of the clause in the end of the Statute of 14. Hen. 8. and whether that clause hath not relation to the Statute of 3. H. 8. only or how far it doth extend Resp 1 All resolved that no Graduate that is not admitted and licensed by the President and Colledge of Physicians under their common Seal could practise in London or within seven miles compass of the same Quest 2 Whether by Graduates Graduates in Physick only are to be understood Resp 2 They resolved that the Exception in the Statute of 14. H. 8. ca. 11. of Graduates in the two Universities is to be understood only of Graduates of Physick and of no others And all resolved that by that Exception those Graduates may practise in all other places of England out of London and seven miles of the same without examination but not in London nor within the said circuit of seven miles Quest 3 If Graduates not admitted to practise in London practise there whether for evil practise or misdemeanor therein they be not subject to the correction and government of the Colledge They all agreed that they are subject to the Resp 3 government and correction of the Colledge by an express clause of the said Charter enacted which giveth to the Censors Supervisionem scrutinium correctionem Gubernationem of all persons using the practise of Medicine within the City Quest 4 If they may not practise without admission of the Colledge as their Letters patents plainly import Then whether such Graduates are not subject to the Examination without which there were

corpora humana ad discindend anatomizand quod jure publico hujus regni furti homicidii vel cujuscunque felonie condemnatum mortuum fuerit vel que jure publico hujus regni furti homicidii vel cujuscunque felonie condemnat mort fuerint intra Comitatum Midd. vel infra Civitatem London predictam vel alibi ubicunque infra sedecim miliaria predict Civitatis prox in quocunque Comitatu sine impedimento nostri heredum vel successorum nostrorum aut vicecomitum Ballivorum servient ad clavam seu aliorum officiariorum aut subditorum nostrorum quorumcunque sive eorum alicujus Et Quod licebit eidem presidenti Collegii communitati predict successoribus suis aliis quibuscunque eorum assignatis medicine professoribus seu expertis eadem corpora secare dividere aliter pro voluntate judicio suo cum ea reverentia qua humane carni debetur tractare ad incrementum cognitionis medicine experimentum ejusdem ad salutem ligeorum nostrorum sine contradictione alicujus Et hoc absque ulla pecuniarum summa vel ullis pecuni arum summis pro eisdem reddend seu cuicunque solvend Proviso semper quod cum hujusmodi anatomia de tempore in tempus transacta perfecta fuerit predicta corpora sumptibus ipsorum presidentis successorum suorum debitis exequiis sepulture committātur Eo Quod expressa mentio de vero valore Annuo aut de aliquo alio valore vel certitudine premissorum sive eorum alicujus aut de aliis donis sive concessionibus per nos vel per aliquem Progenitorum nostrorum prefatis presidents Collegii sive communitati facultatis medicine Londini ante haec tempora factis in presentibus minime fact existit Aut aliquo statuto Actu ordinatione proclamacoe provisione sive restricoe inde in contrarium habit fact edit ordinat sive provis Aut aliqua alia re caussa vel materia quacunque in aliquo non obstante In cujus rei testimonium has litteras nostras fieri fecimus Patentes Teste meipa apud Westmonasterium vicesimo quarto die Februarii Anno regni nostri septimo Per breve de privato sigillo c. Naylour Letters Pattents granted by King JAMES to the Colledge of Physicians in London dat 8. Octobr 15º regni sui JAmes by the grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas our most noble and Preamble renowned Predecessors King Henry the eight late King of this our Realm of England in his Princely wisdome deeply considering and by the example of forein well governed States and Kingdomes truly understanding how profitable beneficial and acceptable it would be unto the whole body of this Kingdome of England to restrain and suppress the excessive number of such as daily professed themselves learned and profound practisers in the Faculty of Physick whereas in truth they were men illiterate and unexperienced rather propounding unto themselves their private gain with the detriment of this Kingdome then to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilful practisers those that were learned grave and profound practisers in that Faculty should receive more bountiful reward and also the industrious Students of that profession would be the better encouraged in their studies and endeavours For these and many other weighty motives Recital of the Patent of incorporation causes and considerations our royal and Princely Predecessor King Henry the eight by his Letters Pattents bearing date at Westminster the three and twentieth day of September in the Tenth year of his reign of his especial grace and Princely favour did erect found and establish a Colledge Comminalty or Incorporation of Physitians in the City and Suburbs of London and for seven miles every way in distance from the same to be remain and have existence for ever and by the same Letters Pattents our aforesaid noble Predecessor did further give and grant unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said Faculty of Physick in the foresaid City of London That they and all of the said Faculty of Physick of and in the foresaid City of London should for ever from thenceforth be in name and deed one Body Comminalty and Colledge And further by the said Letters Pattents did give and grant unto the said Colledge and Comminalty full power ability and authority for ever annually to elect and make one of the said Colledge or Comminalty to be President of the said Colledge Corporation and Comminalty And that the said President so elected and made and the said Colledge and Comminalty should have perpetual succession and a common Seal for the behoof and benefit of the said Presideut Colledge and Comminalty and their Successors for ever And also by the said Letters Pattents did further give and grant unto the said President Colledge and Com. minalty and their Successors divers and sundry other liberties priviledges immunities power ability and authority not only to and for the benefit advantage and commodity of the foresaid President Colledge and Comminalty and their Successors but also for the more certain and easier discovery speedy restraint and certain repressing of the before mentioned unskilful and illiterate practisers in the said faculty of Physick as aforesaid As by the foresaid Letters Patents remaining of record amongst other things therein contained more plainly and fully it doth and may appear Which said Letters Patents and Confirmed by Parliament 14. H. 8. all and every Grant Article and other thing contained and specified in the same were by Act of Parliament made in the xiiii year of the reign of our said noble predecessor King Henry the eight approved granted ratified and confirmed and clearly authorised and admitted by the same good lawful and available to the said body corporate and their successors for ever and that the best construction that might be invented should be made thereof and of every part and parcel thereof for the best benefit behoof power and authority of the foresaid President Colledge and Corporation of Physicians as aforesaid And further by other several Acts of Parliament divers and sundry other Priviledges liberties By other Acts. ability power and authority are and were established ordained given and granted unto the said President Colledge and Corporation of Physicians and their successors as by the said several Acts of Parliament thereof made more fully and at large it doth and may appear Sithence the making of which said Letters patents and several Acts of Parliament we do nevertheless daily find that divers enormities and abuses not as yet sufficiently provided for and New Abus●s reformed do abound and increase to the apparent damage of us and our loving Subjects of this

which words as it appears by all other Acts passed in the same Roll and as Mr. Clayton one of the keepers of the Parliament Rolls told me in all other Acts made it manifest were passed by the King himself being personally present in Parliament Upon farther search at the Rolls I found the Act of Parliament its self and had it exemplified under the Seal Dec. 18. 1658. So that the Charter its self is in one Roll and the Act of Parliament in another distinct Roll. Now as to that objection that these words le Roy le veult are not subscribed to this Act concerning Physicians I answer that neither were these words subscribed to some Acts preceding this nor to any that followed it And at the end of all this Roll 't is said the King having heard all the Acts recited and read did confirm them and commanded the Parliament to see them all observed Rastals and Poultons Statute Books our Charter and Exemplification have all of them per Nomina Praesidentis Collegii seu Communitatis c. But in Bonhams Case in Cooks Reports 't is per Nomina Praesidentis Collegii 'T was the opinion of two of our Councel that Et would make a variation and nonsuit consequently They both said that for the Tithes of London and Magna Charta there was nothing extant but prescription If a Statute be special particular or private as this of the Colledge is then if any man will have benefit by or make use of it or will charge another upon it he must plead and shew the Statute at large vide Shepard in folio pag. 917. Crompton fol. 15. 1617. Lord chief Baron Steele at a Plea holden at Kingston upon Trent 1655. the Action being laid in Nomine Praesidentis Collegii seu Communitatis c. and the Defendants pleading it ought to run according to Cooks Reports in Nomine Praesidentis Collegii salved it thus by saying there was to be put a Comma after Praesidentis betwixt it and Collegii and so did tantamount to Praesidis Collegii At a Trial at Guild-hall against Trigge for ill practise Judgment for Trigge because the Colledge could not prove what Medicines he gave for he made his Medicines privately himself Blank for ill practise fined by the Censors 20 l. and upon a habeas corpus was remitted to prison and paid the Fine Ann. l. 2. pag. 186. Trigge fined by the Censors for a Paracentesis 20 l. sent to Newgate and paies the 20 l. 14 15. H. 8 By Easter Record 1656. first draught BE it remembred that the President of the Colledge or Comminalty of the faculty of Physicians in London who followeth as well for Charles by the grace of God King of England Scotland France and Ireland Defender of the Faith c. as for himself did come before the Barons of this Exchequer the 6. day of June this Term in his own person and as well for the said King as for himself did give the Court here to understand and to be informed That one Richard Barker of the Parish of St. John the Baptist in the Ward of Dowgate London Gent. between the first day of July last past and the day of the exhibiting of this Information that is to say by the space of 11. months at the Parish of St. John Baptist aforesaid did exercise the faculty of Physick the said Richard Barker not being admitted to exercise the said faculty of Physick by the said President and Comminalty by Letter of the said President and Comminalty sealed with their common Seal contrary to the form of the Statute in such case made and provided whereupon the said President as well for the said King as for himself prayeth the advice of the Court in the premises And the said Richard Barker for the offence aforesaid may forfeit 55 l. of lawful money of England that is to say for every month of the said 11. months in which he did exercise the said faculty of Physick not being admitted in form aforesaid 5 l. of like lawful money of England And that he the said President may have the moiety of the forfeiture aforesaid according to the form of the Statute aforesaid and that the said Richard Barker may come here to answer the premises SEcretary Walsingham writes a Letter in 88. to the Major and Aldermen of London who had then charged the Colledge with Armes that they should no more trouble them hereafter but should permit them to live quietly and free from that charge L. Annal. 1. cap. 67. Anno 1614. October 4. the Colledge being charged with Arms Sir William Paddy pleaded the priviledge of the Colledge before Sir Thomas Middleton Lord Major and a full Court of Aldermen and Sir Henry Montacue Recorder alledging that in former times by vertue of their Charter and Acts of Parliament they have been exempted from this service and that 1. The Statute 14. H. 8. confirms not only all Grants Articles and other things contained in the said Letters Patents but also for enlargement of farther Articles for the said Colledge are to be interpreted available to the said Colledge in as large and ample manner as may be taken thought and construed by the same 2. In Anno 32. H. 8. they and every of them of the said body corporate or fellowship and their successors shall at all time and times be discharged to keep any watch or ward in London or the Suburbs of the same Here observe the word any which in true right of construction was to be extended as if that clause had been in more words expressed 3. In the Act for the Chirurgeons in the first entrance there are these words It was thought expedient by the wisdome of the land to provide for men expert in the science of Physick and Chirurgery And therefore when it followeth in their Act of Parliament that the Chirurgeons by express words are exempted from the bearing of armour it may truly be inferred that Physicians are exempted as before from any watch or wards as also Physicians here recited in the preamble should receive a greater or at least the same immunity especially since Physicians are by their Science and Act of Parliament Chirurgeons without farther examination and approbation to be had from the Bishop of London whereunto mere Chirurgeons are subject An Alderman objects that by the words of this Act of Parliament viz. bearing of Armour were to free their persons but not to exempt them from the charge of the service Answer That the difference 〈…〉 and wearing of arms was such that the very Etymon of the word bearing as in many other cases comprehended both and therefore should give immunity for both 4. In all foreign or domestick wars Physicians do attend the Armies in person and for this produceth the regigister The Recorder then perusing every branch of the Statutes recited and the reasons urged and opening every part thereof at large did conclude that the Acts of Parliament did extend to give to