they nor none other for them to his or their use shall occupy any Surgery letting of bloud or any other thing belonging to Surgery drawing of téeth onely except And furthermore in like manner whosoever that useth the Mystery or Craft of Surgery within the circuit aforesaid as long as he shall fortune to use the said Mystery or Craft of Surgery shall in no wise occupy nor exercise the Feat or Craft of Barbery or Shaving neither by himself nor by none other for him to his or their use And moreover that all manner of Persons using Surgery for the time being as well Fréemen as Foreigns Aliens and Strangers within the said City of London the Suburbs thereof and one mile compass of the same City of London before the Feast of St. Michael the Archangel next coming shall have an open Sign on the Stréet side where they shall fortune to dwell that all the King's liege people there passing by may know at all times whither to resort for their remedies in time of necessity 4. And further be it enacted by the authority aforesaid That no manner of person after the said feast of St. Michael the Archangel next coming presume to kéep any Shop of Barbery or Shaving within the City of London except he be a fréeman of the same Corporation and Company 5. And furthermore at such times as have béen heretofore accustomed there shall be chosen by the same Company four Masters or Governours of the same Corporation or Company of the which four two of them shall be expert in Surgery and the other two in Barbery Which four Masters and every of them shall have full power and authority from time to time during their said office to have the oversight search punishment and correction of all such defaults and inconveniencies as shall be found among the said Company using Barbery or Surgery as well of Fréemen as Foreigns Aliens and Strangers within the City of London and the circuits aforesaid after their said discretions And if any person or persons using any Barbery or Surgery at any time hereafter offend in any of these Articles aforesaid then for every month the said Persons so offending shall lose forfeit and pay five pounds the one moiety thereof to the King our Sovereign Lord and the other moiety to any person that will or shall sue therefore by action of debt bill plaint or information in any the King's Courts wherein no Wager of Law Essoin or Protection shall be admitted or allowed in the same 6. Provided that the Barbers and Surgeons and every of them shall bear and pay lot and scot and such other charges as they and their predecessors have béen accustomed to pay within the said City of London This Act nor any thing therein contained to the contrary hereof in any wise notwithstanding 7. Provided alway and be it enacted by Authority aforesaid That it shall be lawfull to any of the King's subjects not being Barber or Surgeon to retain have and kéep in his house as his servant any person being a Barber or Surgeon which shall and may use and exercise those arts and faculties of Barbery or Surgery or either of them in his Master's house or elsewhere by his Master's licence or commandment Any thing in this Act above-written to the contrary notwithstanding 34 35 H. 8. C. 8. A Bill that persons being no common Surgeons may minister Medicines notwithstanding the Statute WHERE in the Parliament holden at Westminster in the third yeare of the King 's most gracious Reign amongst other things for the avoiding of Sorceries Witchcrafts and other inconveniencies it was enacted That no person within the City of London nor within seven miles of the same should take upon him to exercise and occupy as Physician or Surgeon except he be first examined approved and admitted by the Bishop of London and other under and upon certain pains and penalties in the same Act mentioned Sithence the making of which said Act the Company and Fellowship of Surgeons of London minding onely their owne lucres and nothing the profit or ease of the diseased or Patient have sued troubled and vexed divers honest persons as well men as women whom God hath endued with the knowledge of the nature kind and operation of certain Herbs Roots and Waters and the using and ministring of them to such as béen pained with customable diseases as Womens Breasts being sore a Pin and the Web in the Eye Vncomes of hands Scaldings Burnings Sore mouths the Stone Strangury Saucelim and Morphew and such other like diseases And yet the said persons have not taken any thing for their pains or cunning but have ministred the same to poor people onely for neighbourhood and God's sake and of pity and charity And it is now well known that the Surgeons admitted will do no Cure to any Person but where they shall know to be rewarded with a greater Sum or reward then the Cure extendeth unto for in case they would minister their cunning unto sore people unrewarded there should not so many rot and perish to death for lack of help of Surgery as dayly do but the greater part of Surgeons admitted béen much more to be blamed then those persons that they trouble 2. For although the most part of the persons of the said Craft of Surgeons have small cunning yet they will take great sums of money and do little therefore and by reason thereof they do oftentimes impair and hurt their Patients rather then do them good In consideration whereof and for the ease comfort succour help relief and health of the King 's poor Subjects inhabitants of this his Realm now pained or diseased or that hereafter shall be pained or diseased 3. Be it ordained established and enacted by the authority of this present Parliament That at all time from henceforth it shall be lawfull to every person being the King 's subject having knowledge and experience of the nature of Herbs Roots and Waters or of the operation of the same by speculation or practice within any part of the Realm of England or within any other the King's dominions to practise use and minister in and to any outward sore uncome wound apostemations outward swelling or disease any herb or herbs oyntments baths pultes and emplaisters according to their cunning experience and knowledge in any of the diseases sores and maladies beforesaid and all other like to the same or drinks for the Stone and Strangury or Agues without suit vexation trouble penalty or loss of their goods the foresaid Statute in the foresaid third year of the King 's most gracious Reign or any other Act Ordinance or Statute to the contrary hereof made in any wise notwithstanding 1 Q. M. according to the Exemplification Sessio 2. C. 9. An Act touching the Corporation of the Physicians in London CAROLUS SECUNDUS Dei gratia Anglie Scotie Francie Hibernie Rex fidei defensor c. Omnibus
Grant Article and other thing conteyned and specified in the same were by Act of Parliament made in the fowerteenth yeare of the Raigne of our said noble Predecessor King Henry the Eighth approved ratified and confirmed and clearely authorized and admitted to bee good lawfull and avayleable to the said Bodie Corporate and theire Successors for ever And that the best construction that might be invented should be made thereof and of every part and parcell thereof for the best benefitt behoofe power and authority of the aforesaid President Colledge and Corporation of Physitians as aforesaid AND further by severall other Acts of Parliament divers and sundry other priviledges liberties ability power and authoritie are and were afterwards established ordayned given and graunted to the said President Colledge and Corporation of Physitians and their Successors As by the same severall Acts of Parliament thereof made more fully and at large alsoe doth and may appeare AND whereas nevertheless our Royall Grandfather James late King of England of ever blessed memory out of his great wisdome and circumspection perceiving that divers enormities and abuses not then sufficiently provided for and reformed did dayly abound and increase to the apparent damage of his Royall Majestie and of his loveing subjects of this Realme of England by and through the unskillfullness fraud and deceipt of Physitians Apothecaries Druggists and such like which were then most likely much more to abound unlesse tymely and festine remedie were duely provided and applyed for the cureing of soe publique a dissease AND our said Royall Grandfather gratiously affecting soe pious and charitable a worke and intending a more full and perfect reformation of the said abuses grievances and enormities in this our Realme out of his princely disposition and care of repressing thereof att the Petition of Henry Atkins Doctor in Physicke then President of the said Colledge and of divers other learned Doctors in Physicke then Fellows elect or members of the said Colledge or Corporation by his Letters Patents under the great Seale of England bearing date at Westminster the eighth day of October in the fifteenth yeare of his Raigne over England for the honour peace and quiett of the said Colledge Did give graunt ratifie allowe approve and confirme unto the said then President and Colledge or Comonalty and theire Successors the said Letters Patents of our said noble Predecessor King Henry the Eighth herein before mentioned and every Article Clause Guift and Grant therein conteyned and not altered by the said Letters Patents of our said Royall Grandfather AND further our said Royall Grandfather did by his said Letters Patents give and grant unto the said President and Colledge or Comonaltie and theire Successors divers and sundry other liberties priviledges immunities powers abilitie and authority not only to and for the benefitt advantage and comoditie of the aforesaid President and Colledge or Comonaltie and theire Successors but alsoe for the more speedy certaine better and easier discovery restraint punishment and repressing aswell of the before mentioned unskillfull unlicensed and illiterate practizers in the facultie of Physicke aforesaid as alsoe of the said fraud and deceipts of the said Apothecaries and Druggists and other the abuses grievances and enormities aforesaid As in and by the same Letters Patents of our said Royall Grandfather remayning of Record amongst other things therein conteyned more fully and att large it doth and may appeare AND whereas notwithstanding all the care travaile and endeavour had and taken in the creating modelling and establishing of the Constitution and Corporation aforesaid and the many and greate liberties powers and priviledges thereunto given granted and confirmed by the said severall Letters Patents and Acts of Parliament aforesaid And notwithstanding the constant and indefatigable paines and endeavours of the President and Colledge aforesaid on all opportunities had and taken in putting the same in due execution to the ends aforesaid Itt hath beene made most apparent and evident unto us that the number of unskillfull illiterate and unlicensed practizers of Physicke in and about our said Cittie of London hath of later yeares much increased and att present doe daylie multiply together with the renewed frauds abuses and deceipts of divers Apothecaries Druggisss and others inhabiting in the same Cittie frequently exercised and practised in the making prepareing ordering and venting of Druggs and other things relateing to the said facultie of Physicke to the greate dishonour of this Nation and of the sage and learned professors of that facultie soe noble and necessary and to the detriment of us and our good subjects The chiefe cause or ground whereof as wee are given to understand ariseth from some defects in the said Constitution the Coercive and Penal Powers thereof beeing not aptly and usefully placed and settled By meanes whereof subtil and crafty men wholly ignorant and unskilled in the facultie of Physicke have in defiance of authoritie dared publiquely to professe and practise Physicke in our said Cittie of London and by new inventions and delusions deceived much people thereby advanceing theire private commoditie in the greate detriment of the publique and yett have evaded the just and condigne punishment provided and intended by the Charters and Acts of Parliament aforesaid for such presumptuous Offendors Which to prevent in the future And that a due and seasonable reformation may bee had in all the premises and an apt proper and legall constitution and incorporation may be had and established of grave and learned Doctors and other able and experienced practisers of Physicke in and about our said Cittie of London indowed with powers and priviledges convenient and requisite for the ends aforesaid KNOW ye That Wee of our especiall grace certaine knowledge and meere motion and att the humble Petition of Sir Edward Alston Knight now President of the said Colledge or Comonaltie and of divers other learned Doctors of the said Colledge or Comonalty Have willed ordeyned constituted declared given and graunted And by these presents for us our heires and successors doe will ordeyne constitute declare give and graunt unto the said President and Colledge or Comonalty That they from henceforth for ever hereafter shall bee continue and remayne by virtue of theise presents One bodie Corporate and Politique in deede fact and name by the name of the President Fellowes and Comonaltye of the Kings Colledge of Physitians in the Cittie of London And them and theire Successors by the name of the President Fellowes and Comonaltie of the Kings Colledge of Physitians in the Cittie of London into one Bodie Corporate and Politique in deede fact and name really and fully for us our heires and successors Wee doe erect make ordeyne constitute declare and create by theise presents AND that by the same name they shall have perpetuall succession And alsoe that they and theire successors by the same name of the President Fellowes and Comonalty of the Kings Colledge of
enjoyne all Iudges and Iustices of us our heires and successors to act and performe accordingly any Acte Statute Lawe Vsage or Provision whatsoever to the contrary thereof in any wise notwithstanding AND WEE WILL and by these presents for us our heires and successors Doe ordaine and declare that all and every the Fynes Penalties Forfeitures and Amerciaments hereafter to be sett adjudged imposed or inflicted upon any person or persons whatsoever by force or colour of these presents or of any the Letters Patents or Acts of Parliament aforesaid or by force or colour of any Acts Ordinances Decrees or Constitutions made or to bee made by vertue of these presents or any the Graunts or Authorities aforesaid before any Action bée commenced or any Levy or Execution bee had or made thereof respectively the said severall penalties and forfeitures of Tenn pounds and five pounds per Mensem above mentioned allwayes excepted shall bée reported to and approved of by the Court or Corporation of the said President and Fellowes of the Kings Colledge of Physitians aforesaid to bée held by vertue of these presents or by any fifteene or more of the Fellowes of the same Colledge for the tyme beinge then present att such Court whereof the President or in his absence the Vice-president for the tyme being to bée one and then entered and registred in the Common Register Booke of the same Colledge And that from and after such approbation and entry thereof it shall and may bée lawfull to and for the President and Censors or Vice-president and Censors of the same Colledge of Physitians for the tyme being in the absence of the President or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one by Warrant under the hand of the said President and Censors or Vice-president and Censors for the tyme being in the absence of the President or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one duely made and directed to any Officer and Officers of the same Colledge in this behalfe to bée appointed to Commit and send every such person and persons soe offending and on whome any such Fyne Penalty or Amerciament shall be imposed sett or inflicted as aforesaid or by whom any forfeiture shall bée made as aforesaid to any of our Goales or Prisons except our Tower of London within our said Citty of London or the Suburbs thereof for the tyme being there to remayne untill he or they shall pay and satisfie unto the said President and Fellowes of the same Colledge of Physitians and their Successors for the tyme being the severall and respective fyne or fynes penalty or penalties forfeiture or forfeitures Amerciament or Amerciaments for which hee or they respectively shal bee soe Committed or charged as aforesaid or otherwise by like Warrant to levie all and every such fyne and fynes penalty and penalties forfeiture and forfeitures Amerciament and Amerciaments by distresse and sale of any of the Goods and Chattells of any or every such person or persons respectively offending as aforesaid rendering the overplus to bee ymployed and disposed as hereafter in and by these presents is directed PROVIDED allwayes that if any person or persons on whome any Fyne Penalty or Amerciament shall be sett or imposed as aforesaid shall find or conceive himselfe grieved thereby That then it shall and may bee lawfull to and for every such person and persons within one Moneth after such approbation and entry thereof made as aforesaid or sooner to appeale unto such person and persons for his or their releife therein as in and by these presents are hereafter nominated constituted and impowered in that behalfe AND Wée will and by these presents for us our heires and successors Doe make ordeyne constitute and appoint our right trusty and right welbeloved Cosin and Councellor Edward Earle of Clarendon our High Chancellor of England our right trusty and welbeloved Sir Robert Foster Knight Cheife Iustice of our Court of Kings Bench Sir Orlando Bridgman Knight and Baronett Cheife Iustice of our Court of Common Pleas and Sir Matthew Hale Knight Cheife Baron of our Court of Exchequer the present Visitors of the said Colledge and Corporation and the Lord Chancellor of England or Lord Keeper of the Greate Seale of England Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being from tyme to tyme and for ever hereafter Visitors of the same Colledge and Corporation AND Wee doe by these presents for us our heires and successors give and grant unto them the said Visitors hereby constituted and every or any two or more of them full power and authority to receive entertaine heare examine adjudge and determine alter mitigate reverse or confirme all and every such Matter Cause Complaynt Iudgment Decree or Sentence whatsoever which att any time hereafter shall come or bée brought before them or any two or more of them by way of Appeale hereafter to be made by any person or persons whatsoever for or concerning any Fyne Penalty or Amerciament or other matter or thing whatsoever according to the tenor true intent and meaning of these presents as to them or any two or more of them shall seeme just and fitting AND to that end that it shall and may bee lawfull to and for our said Lord High Chancellor of England Lord Cheife Iustice of our said Court of Kings Bench our said Cheife Iustice of our said Court of Common Pleas and our said Cheife Baron of our said Court of Exchequer now being or any two or more of them and to and for all and every other Lord Chancellor of England or Lord Keeper of the Greate Seale of England Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being or any two or more of them from tyme to tyme to send for remove or cause to come before them or any two or more of them all and every such Cause Complaynt Iudgment Decree and Sentence and all or any the proceedings thereof respectively whereupon or wherein any Appeale shall bée made to them or any two or more of them as aforesaid and from tyme to tyme to order and appoint certaine dayes tymes and places for the hearing and adjudging thereof and to summon heare and examine upon Oath or otherwise all and every person and persons that know or can say or testifie any matter of fact or other thing conduceing to the manifestation or discovery of the truth of the matter in question to the end a just and cleare judgment and determination may be had and made therein AND FURTHER to act proceed performe
or Places Duety or Dueties or any of them within our said Citties or the Suburbs or Liberties thereof or lymitts aforesaid That all and every such designation appointment nomination and election shall bee utterly void and of none effect any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding AND Wee doe further for us our heires and successors give and graunt unto the said President Fellowes and Commonalty of the said Kings Colledge of Physitians aforesaid and their Successors AND by these presents declare and manifest our pleasure for ever to bee That the said President Fellowes and Cominalty and their Successors shall and may have take hold receive use exercise and enjoy all and singular the Guifts Graunts Liberties Priviledges Immunities Freedomes Benefitts Advantages Proffitts Comodities Power Ability and Authority herein before mentioned or by any Act or Acts of Parliament heretofore given graunted or confirmed unto the President Colledge or Cominalty aforesaid or any of them and not hereby altered changed made void or nulled without the lett hinderance interruption or disturbance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons whatsoever And that as fully and amply to all intents and purposes as the said President Colledge or Cominalty or any the Members thereof or any of them had used exercised or enjoyed or may might could or ought to have had used exercised or enjoyed the same or any thereof AND FURTHER of our like especiall grace certaine knowledge and meere motion WEE WILL and for us our heires and successors Doe promise and graunt to and with the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors by these presents that in the present or next Parliament or Session of Parliament of us our heires or successors now held or hereafter to bee called and held within this our Realme of England Wee our heires and successors will give and graunt our Royall and free assent and consent to any Act Bill or Petition by the said President Fellowes and Cominalty or their Successors or any of them in Parliament as aforesaid to bee exhibited or preferred and by the Lords Spirituall and Temporall and the Commonalty of the said Parliament to bee approved and assented unto for the better inabling authorising and investing of the said President Fellowes and Commonalty and their Successors to and with the severall Graunts Powers Priviledges Authorities Exemptions Immunities and other matters and things to them in or by these presents given graunted or confirmed or intended to bee to them given graunted or confirmed according to our gracious intent and meaning herein before specified and expressed AND FURTHER Wée will and by these presents for us our heires and successors Doe graunt unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors that these our Letters Patents and all and singular the Guifts Graunts Authorities Powers Priviledges and Immunities and other things herein conteyned shall bée good firme avayleable and effectuall in the Law to the intents and purposes aforesaid And shall bée in all and every of our Courts of Record and elsewhere had taken construed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President Fellowes and Cominalty and their Successors any Statute Act Ordinance Custome Vsage Guift Grant or any other matter or thing heretofore had made used ordeyned or provided to the contrary in any wise notwithstanding ALTHOUGH EXPRESSE MENTION of the true yearely value or certainty of the Premisses or of any of them or of any other Guifts or Graunts by us or any of our Progenitors or Predecessors heretofore made to the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid in these presents is not made or any Statute Act Ordinance Provision Proclamation or Restriction heretofore had made enacted ordeyned or provided or any other matter cause or thing whatsoever to the contrary thereof in any wise notwithstanding IN WITNESS whereof Wée have caused these our Letters to bée made Patents WITNESS our selfe att Westminster the Sir and twentieth day of March in the Fifteenth yeare of our Raigne By the King HOWARD A Royall Charter granted to the Apothecaryes of London 30 Maii 13 Jacobi REX omnibus ad quos c. salutem Cùm antehac per Litteras nostras Paten ' sub magno sigillo nostro Anglie confect ' geren ' dat' apud Westm ' nono die Aprilis Anno regni nostri Anglie Francie Hibernie quarto Scocie de gratia nostra speciali voluerimus ordinaverimus concesserimus quod omnes singuli liberi homines mysterii Grocer ' Pharmacopol ' Civitat ' London Successores sui deinceps imperpetuum pro meliori ordine gubernatione regimine hominum myster ' Grocer ' Pharmacopol ' Civitatis London ac pro utilitate commodo relevamine bonorum proborum ac formidine correctione malorum dolosorum improborum forent essent vigore earundem Litterarum Paten ' unum Corpus corporatum politicum in re facto nomine per nomen Custod ' Communitatis myster ' Grocer ' Civitat ' London eosdem per nomen Custod ' Communitat ' myster ' Grocer ' Civitat ' London unum corpus corporatum politicum in re facto nomine realiter ad plenum pro nobis heredibus successor ' nostris per easdem Litteras nostras Paten ' adtunc erexerimus fecerimus ordinaverimus constituerimus declar averimus quod per idem nomen successionem h'erent perpetuam prout per easdem Litteras nostras Paten ' inter alia pleniùs liquet apparet Jam verò quum nobis sit demonstratum ex parte dilectorum subditorum nostrorum Pharmacopol ' Civitat ' nostre London necnon nobis affirmatum approbatum per dilectos nobis Theodorum de Mayerne Henricum Atkins in Medicinis Doctores Medicos nostros discretos fideles Quod hiisce proximis annis quamplurimi Empirici homines ignari inexperti in Civitate nostra London ac ejusdem Suburbiis inhabitant commorantur qui in Pharmacopoli arte mysterio haud instituti sed in eadem imperiti rudes quamplurima insalubria nociva falsa corrupta perniciosa faciunt componunt medicamenta eademque in plurimas hujus regni nostri Anglie partes vendunt assidue transmittunt in convitium opprobrium non solùm Medicine sciencie illius colende Medicorúmque hujus regni nostri Anglie literat ' eandem profitentium necnon Pharmacopoeiorum Civitat ' nostre London in eadem arte mysterio educat ' expert ' verùm eciam in subditor ' nostror ' pericula assidua vite
Brook Lord Chief Justice of the Common Pleas. To all Justices Mayors Sherifes Bailifes Constables and other Ministers and Officers and to all other to whom it apperteyneth the Praesident and College of Physicions in London sendeth gretyng WHere it hath pleased our late Soveraigne Lord and King of famose memory Henry the Eight with the consent of his Parliament holden at Westminster in the 14 and 15 of his gratiose reigne And our Soveraigne Lady Queen Mary with the consent of hir Parliament holden at Oxford in the first yere of his Reigne to give authority unto us the Praesident and College of Physicions in London for the helth and safetie of their Subjectes to survey oversee examyn judge correct and govern al Physicions foren and others together with their Medicines which practise within the City of London the Suburbes of the same seven miles compasse and the rest of England with authorite to committe al offenders against the said Actes for their offenses or disobediences to all their Prisons And comandement to yow all upon request to yow made by us to helpe aide and assiste us and all persons by us from time to time authorised for the due execution of the said Actes and Statutes upon payne for not gevyng such aide and assistence to runne in contempt of the Quenes Majeste her heires and successors We desire yow all and by virtue of the Lawes abovementioned do require yow and every one of yow as you tendre the good meanyng and due execution of the said Actes and Lawes and also your owne healthes lyves and sanitie of your Cuntres that yow aide and assiste our welbelovyd N. by us authorised in al such thinges as he shall require your aide and helpe for the due execution of the said Actes and Lawes for that we understand by complayntes made unto us that many lewde undiscreete and unlearned persons as wel strangers as of our owne nation be resident in your Cities Townes and Countreis and others wandryng about in the same with chaungeable names and false medicines to your gret abuse deceyte of the Kynges people and losse of goods and lyves of the same Yeven at our College in London under our commune Seal the xxth day of Septembre in the yeare of our Lord God 1556. And in the third and forth yeare of the Reigne of Philip and Mary by the grace of God Kynge and Quene of England Spayne Fraunce both Sicilies Ierusalem and Irelande Defendors of the Faith Archdukes of Austrie Dukes of Millane Burgundy and Brabant Counties of Haspurge Flaunders and Tyrolle According to the purport of the forementioned Letter the College constituted seeral Visitors to whom they granted authority in their name that they should not suffer any to practise Physick throughout England unless such as had taken their degrees in Cambridge or Oxford without grace or were licensed by them or the College under their publick Seals All others were obliged to enter into recognisance that they would not practise till they had been examined and approved by the President and Elects of the College under their Hands and Seals Such as did refuse to give obedience to these Laws were by the Justices Mayors and other Officers committed to Prison till they submitted to the due execution of them In the third year of the Queen's Reign the Surgeons and Apothecaries were prohibited the practising of Physick and the latter required that they should not divulge the names of Medicines nor deliver Physicians Bills to the Patients they often proving of dangerous consequence to them Several Empiricks were likewise prosecuted and punished and others forced to flee the Town In the 4th year of the Queen's Reign the College summoned before them the Wardens of the Grocers and all the Apothecaries of London and the Suburbs thereof and enjoyned them that when they made a dispensation of Medicines they should expose their several Ingredients of which they were compounded to open view in their shops for 6 or 8 days that so the Physicians passing by might judge of the goodness of them and prevent their buying or selling any corrupt or decayed Medicines the Wardens as well as the Apothecaries were willing to submit to the judgment of the Censors in this affair After this the following Letter from the Queen was read to the Wardens and Apothecaries To our trustye and welbelovyd the President and College of Physicians within our City of London TRustie and welbeloved we grete yow well And where our derest Father King Henry the Eight by his Acte of Parlament in the xxxii yere of his Reigne did give full Authorite and powre unto the President for the tyme beyng of the College of Physicions in London and the Commones and Felowes of the same and their Successors that thei yerely at such tyme as thei shuld thinke mete might serche view and examyne al such Poticary wares and drugs as the said Poticaries have or at any tyme after shuld have and thereof all such druggs as they shuld finde unholsome and corrupted to burne and destroye accordyng to the meanyng and purporte of the said Acte confirmed and enlarged by us the said Quene in our Parlament in the first yere of our Reign We consideryng how necessarie it is that the said Acte sholde be executed for divers considerations towching healthe and saulftye of our liege people and for the avoyding of the like daunger and gret inconveniences that may herafter chance and were like to have chaunced lately to one of our Nobilite by ignorance of the Byar and negligence of the Seller of certeyn wares Doe streightlye wyll and command yow not onlie from henseforthe to put the said Acte in dewe execution but also by theis presents doe give you like charge and therewith full power and authorite to call and convent before yow the Wardens of the Grocers and al the Apothecaries within the limitts and precincts of your liberties and priviledges to yow graunted by us and our Progenitors and the Parlaments above specified and them streightly to charge and commande by authorite herof that from tyme to tyme hensforthe nether thei nor anye of them do entreprice to sell or retayle any such wares drugge or druggs as hath in theim anie spice of venome or suspicion of poyson or such other as by the receivyng of them at the handes of anie unlerned or of anie malitiouse or evyll disposed person maie by anie meanes greviously hurte or put in perille or daunger of lief anie of our Subjectes of what estate or degre soever he or thei be Onlesse the seller of anie of the said druggs be well assured of the honestie true dealyng and good intent and skille of the byar And first examyn the same for what intent or purpose he buyth the same and therewithall to note the name of the buyer and tyme of the buying Or else that the said Grocer or Apothecarie have with him remainyng the hand-writing of some discrete well lerned and authorised Physician for his discharge Willing
Urbe quaqua versus publice exercerent instituerit incorporaverit eos in Corpus corporatum Politicum per nomen President ' Collegii seu Communitat ' facultatis medicine Londini concesserit eidem Presidenti Collegii sive Communitatis predicte successoribus suis diversas libertates privilegia QUAS Litteras Patentes ac omnia in eis contenta idem Pater noster non solum per Senatus consultum seu Parliamentum suum tentum Annis quartodecimo quintodecimo regni sui confirmavit Sed eciam per idem statutum in multis adauxit amplificavit QUODQUIDEM pium institutum dicti Patris nostri quandoquidem in rei publice commoditatem cessit manifestam in majorem indies cessurum verosimile sit si nos quod rem medicam profitentibus maxime necessarium est concesserimus predictis Presidenti Collegii sive Communitati predicte successoribus suis imperpetuum quotannis quedam humana corpora ad anatomizandum ut informamur Sciatis quod nos non modo preclaram institutionem dicti Patris nostri merito recolentes verum eciam regii officii nostri munus arbitrantes regiminis nostri Subditorum incolumitati saluti securitati quantum in nobis est providere de gratia nostra speciali ac ex certa sciencia mero motu nostris concessimus ac per presentes pro nobis heredibus successoribus nostris concedimus prefato Presidenti Collegii sive Communitati facultatis medicine Londini predict ' successoribus suis sive eorum assignatis quod habeant accipiant annuatim Temporibus futuris imperpetuum una vice vel diversis Anni vicibus ad discrecionem voluntatem libertatem predict ' Presidentis pro tempore existen ' successorum suorum Unum duo tria vel quatuor corpora humana ad discindend ' anatomizand ' quod jure publico hujus regni furti homicidii vel cujuscumque felonie condemnatum mortuum fuerit vel que jure publico hujus regni furti homicidii vel cujuscumque felonie condemnat ' mort ' fuerint infra Comitatum Midd ' vel infra Civitatem London ' predictam vel alibi ubicumque infra sedecim miliaria predict ' Civitatis prox ' in quocumque 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 quibuscumque eorum assignatis medicine professoribus seu expertis eadem corpora secare dividere aliter pro voluntate judicio suo cum ea reverencia que humane carni debetur tractare ad incrementum cognicionis medicine experimentum ejusdem ad salutem ligeorum nostrorum sine contradictione alicujus ET hoc absque ulla pecuniarum summa vel ullis pecuniarum summis pro eisdem reddend ' seu cuicumque solvend ' PROVISO semper quod cum hujusmodi anatomia de tempore in tempus transacta perfecta fuerit predicta corpora sumptibus ipsorum Presidentis successorum suorum debitis exequiis sepulture committantur EO QUOD expressa mencio 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 Presidenti Collegii sive Communitati facultatis medicine Londini ante hec tempora factis in presentibus minime fact ' existit Aut aliquo Statuto Actu ordinatione proclamatione provisione sive restrictione inde in contrarium habit ' fact ' edit ' ordinat ' sive provis Aut aliqua alia re causa vel materia quacumque in aliquo non obstante IN CUJUS rei testimonium has litteras nostras fieri fecimus Patentes TESTE me ipsa apud Westmonasterium vicesimo quarto die Februarii Anno regni nostri Septimo Per breve de privato Sigillo c. Nailour A Royall Charter granted to the Colledge of Physicians 8 Octob. 15 Jac. JAMES by the grace of God King of England Scotland France and Ireland defendor of the faith c. To all to whom these Presents shall come greeting WHEREAS our most noble and renowned Predecessor King Henry the Eighth late King of this our Realme of England in his Princely wisdome deepely considering and by the example of foreign well governed States and Kingdomes truly understanding how profitable beneficial and acceptable it would be unto the whole bodie of this Kingdome of England to restraine and suppresse the excessive number of such as daily professed themselves learned and profound practisers in the facultie of Physicke whereas in truth they were men illiterate and unexperienced rather propounding unto themselves their private gaine with the detryment of this Kingdome than to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilfull practisers those that were learned grave and profound practisers in that facultie should receive more bountifull reward and alsoe the industrious Students of that profession would be the better encouraged in their studies and endeavours For these and many other weightie motives causes and considerations our Royall and Princely Predecessor King Henry the Eighth by his Letters Patents bearing date at Westminster the three and twentieth day of September in the Tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establish a Colledge Comminaltie or Incorporation of Physicians in the Citie and Suburbes of London and for seaven miles every waye in distance from the same to be remaine and have existence for ever And by the same Letters Patents our foresaid noble Predecessor did further give and graunt unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound Practisers in the said facultie of Physick in the foresaid Citie of London that they and all of the said facultie of Physick of and in the foresaid Citie of London should for ever from thenceforth be in name and deed one Bodie Comminaltie and Colledge And further by the said Letters Patents did give and graunt unto the said Colledge and Comminaltie full power abilitie and authoritie for ever annually to elect and make one of the said Colledge or Comminalty to be President of the said Colledge Corporation and Comminaltie And that the said President soe elected and made and the said Colledge and Comminaltie should have perpetuall succession and a Common Seal for the behoofe and benefitt of the said President Colledge and Comminaltie and their Successors for ever And also by the said Letters Patents did further give and graunt unto the said President Colledge and Comminaltie and their
AND further of our like especiall grace certaine knowledge and meere motion Wee will and for us our heires and successors doe promise and graunt to and with the said President and Colledge or Comminaltie and their Successors by these presents That at the next Parliament or Session of Parliament of us our heires or successors to be holden within this our Realme of England Wee our heires or successors will give and graunt our roiall and free assent and consente to any Act Bill or Petition by the said President and Colledge or Comminaltie or their Successors or any of them in the same Parliament or Session of Parliament to be exhibited or preferred and by the Lords Spirituall and Temporall and the Comminaltie of the said Parliament to be approved and assented unto for the better enabling authorizing and investing of the said President or Colledge and Comminaltie and their Successors to and with the severall graunts powers priviledges authorities exemptions immunities and other matters and things in these presents to them given graunted and confirmed or intended to be to them given graunted or confirmed according to our gratious intent and meaning heerein before specified and expressed AND further Wee will and by these presents for us our heires and successors doe graunt unto the said President and Colledge or Comminaltie and their Successors That these our Letters Patents and all and singular the guifts graunts authorities powers priviledges and immunities and other things therein conteyned shal be good firme avayleable and effectuall in the Lawe to the intents and purposes aforesaid and shall be in all and every our Courts of Record and elsewhere had taken construed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President and Colledge or Comminaltie and their Successors Any Statute Act Ordinance Custome Vsage Guift Graunt or any other matter or thing heretofore had made used ordayned or provided to the contrary in any wise notwithstanding NEVERTHELESS Wee will and our intent and meaning is That the said President and Colledge or Comminaltie and their Successors shall answere and paie to us our heires and successors for and in respect of the fines amerciaments penaltyes forfeytures and summes of money herein before mentioned and by these Presents to them graunted as aforesaid the yearely rent of sixe pounds of lawfull money of England at the receipt of our Exchequer at Westminster at the feasts of the Annunciation of the blessed Virgin Marie and St. Michaell the Archangell by even and equall portions Any thing herein conteyned to the contrary notwithstanding Although expresse mention of the true yearely value or certainty of the premises or any of them or of any other guifts or graunts by us or any of our Progenitors or Predecessors to the foresaid President and Colledge or Comminaltie heretofore made in these presents is not made Or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordayned or provided Or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding IN WITNESS whereof Wee have caused these our Letters to be made Patents WITNESS our selfe at Westminster the eighth daie of October in the fifteenth yeare of our raigne of England France and Ireland and of Scotland the one and fiftieth Per breve de privato Sigillo Young Irr. in Memorand ' Scaccarii de anno octavo Regis nostri Caroli viz. inter Record ' de Termino Sancti Michaelis Ro. ex parte Rememorat ' dicti Domini Regis A Royall Charter granted to the Colledge of Physicians in London 26 Martii 15 Car. 2. CHARLES THE SECOND by the grace of God King of England Scotland Fraunce and Ireland defender of the faith c. To all to whom theise presents shall come greeting WHEREAS our most noble and renowned Predecessor King Henry the eighth late King of this our Realme of England in his princely wisdom deepely considering and by the example of forreigne well governed States and Kingdomes truly understanding how profitable beneficiall and acceptable it would be unto the whole Bodie of this Kingdome of England to restrayne and suppresse all such persons as would take upon themselves to be practisers in the facultie of Physicke being illiterate and altogether unskilfull in that facultie rather propounding unto themselves theire private gaine with the detriment of his Majesties subjects than to give relief in time of necessity And likewise duely considering that by the rejecting of those illiterate and unskilfull practizers those that were learned grave and profound practisers in that facultie And alsoe the industrious Students of that profession would bee the better incouraged and inabled in theire studies and endeavours For which and many other weightie motives causes and considerations our said Royall and Princely Predecessor King Henry the eighth by his Letters Patents bearing date at Westminster the three and twentieth day of September in the tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establishe a Colledge Comonaltie or Incorporation of Physitians in the Cittie and Suburbs of London and for seaven miles every way in distanee from the same to bee remayne and have existence for ever And by the same Letters Patents our aforesaid noble Predecessor did further give and graunt unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said facultie of Physick in the aforesaid Cittie of London that they and all of the said facultie of Physick of and in the aforesaid Cittie of London should for ever from thenceforth bee in name and deed One body Comonaltie and Colledge AND further by the same Letters Patents did give and graunt unto the said Colledge and Comonaltie full power abilitie and authoritie for ever annually to elect and make one of the said Colledge or Comonaltie to bee President of the said Colledge Corporation and Comonaltie And that the same President soe elected and made and the said Colledge and Comonaltie should have perpetuall succession and a Common Seale for the behoofe and benefitt of the said President Colledge and Comonaltie and their Successors for ever And alsoe by the said Letters Patents did further give and graunt unto the said President Colledge and Comonaltie and their Successors divers and sundry other liberties priviledges immunities power abilitie and authoritie not onely to and for the benefitt advantage and comodity of the aforesaid President Colledge and Comonaltie and theire Successors but alsoe for the more certaine and easier discovery speedy restraint and certaine repressing of the before mentioned unskilfull and illiterate practizers in the facultie of Physick aforesaid as by the same Letters Patents remayneing of Record amongst other things therein conteyned more plainely and fully it doth and may appeare WHICH said Letters Patents and all and every
plead and be impleaded by the name of President onely and the Action shall be brought by that name by which the King enables them to bring their Action and to plead and to be impleaded as 11 H. 7. 27 28. is so that here is a good action and well grounded and by a good name And as to the Plea in Barr it is insufficient because he hath not pleaded according to the Statute For his plea ought to have béen applyed to the Statute for by the Statute the power there given is to administer to outward Sores or Diseases any Ointments Plasters c. and other like and this ought to be according to the skill and knowledge And here the Defendant saith that he had knowledge in the nature of Herbs Roots and Waters c. and did apply Oyntments Potions c. for the Stone c. and such other diseases and he ought to have said according to his knowledge in those diseases and not in other like c. 2. The Administration ought to have béen to outward Tumours c. and here outward is omitted and he hath pleaded generally whereby his plea goeth to the whole and so mistaken 3. Where potions may be applied to the Stone Strangury and Agues the Defendant hath pleaded Potions pro ulceribus morbis c. talibus consimilibus which is a more large Authority than the Statute limits And for these the plea is ill It is a rule that a plea ought to be issuable but this is not as it is pleaded for the Defendant here ought to have distinguished his plea and have justified in part as in applying outward Plasters c. to outward Diseases and Potions to Stone Strangury and Ague As to the Replication it hath béen objected that it is a departure To which I say that if any new matter be pleaded it is a departure but here is none For the Replication which supports and inforces the Declaration is by the Statute 1 Mariae and this could not have béen alledged in the Declaration and there was no reason to shew the Statute 1 Mariae untill the Statute of 34 H. 8. was pleaded by the Defendant And as to the matter in law that is how far the Statute of 34 H. 8. gave liberty against the Statute 14 H. 8. to what persons and for what things is the Question And upon consideration of all the law of 34 H. 8. we be of opinion that this Statute doth not reach neither in Words nor in Intent and meaning to give liberty to any person that practises or exercises for lucre and profit and it is apparent by the preamble and the Statute also that this was made principally against Chirurgeons which were covetous c. And therefore the Statute hath limited who should practise and for what diseases and the parties licensed thereby were those which were good honest people as old Women and such as would give neighbourly Physick for charity and piety and not such as look for gain thereby as Empiricks that do not doe any thing for piety and charity So that this Statute excludes all those that take any money or gain And this Statute which was intended against Surgeons in truth helps them for it gives to them liberty to give Pills and Potions as well as to apply outward Medicines to outward diseases and such construction shall be made And Surgery is onely that which is to be done with the hand c. And moreover we be of opinion that if this Statute of 34 H. 8. had abridged the Statute 14 H. 8. yet that the Statute of 1 Mariae hath setled all on foot again of 14 H. 8. in as large manner as it ever was before for it concludes any Act to the contrary notwithstanding And it was made to suppress unskilfull men But this Statute of 34 H. 8. and Dr. Langton's case Mich. 3 Jac. B. R. rot 438. versus Gardiner is express in this point yet there the plea was better than this is And yet after it had depended 3 years judgment was given against the Defendant With this he concluded and commanded Iudgment to be entred for the Plaintiff against the Defendant College of Physicians against Bugge In magno Rotulo de Anno xxiii Regis Caroli in Item Adhuc Item Item Res London PRaesidens Colleg ' Communitas Medicor ' Lond ' deb ' 27 li. 10 s. de medietate 55 li. versus Johannem Bugge de Parochia Ecclesiae Christi London recuperat ' per Judicium Cur ' quia exercuit facultatem Medicin ' ibidem per spatium xi mens integr ' non existen ' admiss ad exercend ' occupand ' dict' facultat ' medicin ' per Praesident ' Collegium seu Communitat ' facultat ' Medicin ' London literis sigillo suo communi sigillat ' contra formam Statuti in hujusmodi casu edit ' provis super ipsos onerat ' virtute Ordinis hujus Scacc ' Dat' tertio Julii Anno 15 Regis Caroli But the said sum of 27 li. 10 s. is allowed to the President and College of the faculty of Physick within the City of London by Letters Patents under the Great Seal of England bearing date the eighth day of October in the fifteenth year of the late King James of England and of Scotland the Fifty first and by Iudgment of the Barons of this Court of Publick Exchequer entred amongst the Records of Easter Term in the Seventh year of the Reign of the late King Charles in the Custody of the first Remembrancer there Roll the xxiiii And they are quitt Ex. by He. Croke Clerk of the Pipe D. Termino Sancti Michaelis anno regni Domini Caroli secundi nunc Regis Angliae c. xxvii rot 530. MEmorand ' quod die Sabbati prox ' posttres septimanas Sancti Michaelis isto eodem Termino coram domino Rege apud Westm ' ven ' Praesidens Collegium seu Communitas facultat ' Medicinae London qui tam pro domino Rege quà m pro seipsis sequuntur per Franc ' Scot Attorn ' suum protuler ' hic in Cur ' dicti domini Regis tunc ibidem quandam billam suam versus Adrianum Huybert alias Hybert in custod ' Marr ' c. de placito debiti Et sunt pleg ' de prosequend ' scilicet Johannes Doe Ricardus Roe Quae quidem billa sequitur in haec verba ss London ss Presidens Collegium seu Communitas facultat ' medicinae London qui tam pro domino Rege quam pro seipsis sequuntur queruntur de Adriano Huybert alias Hybert in custod ' Marr ' Maresc ' domini Regis coram ipso Rege existen ' de placito quòd reddat eidem domino Regi ac praefat ' Praesident ' Collegio seu Communitati qui tam c. centum libras legalis Monet ' Angl ' quas eis debet injuste detinet pro eo videlicet quòd cum Henricus Octavus nuper Rex Angliae per literas
remove presentments upon which process may be awarded in this Court The Reason why 't is not sufficient to plead the Tenor of Letters Patents or to shew or produce to the Court the Tenor of Letters Patents as in Pages case is resolved is because the Letters Patents are the private conveyance of a particular person and therefore he must plead and shew forth and produce to the Court the Letters Patents themselves and the Tenor thereof was not sufficient at the Common Law But upon nul tiel Record pleaded a Certificate of the Tenor onely and not of the Record it self hath always béen held a sufficient proof of that issue and the Tenor certified is to be filed in this Court and to remain here always to this purpose onely viz. as a proof of this issue but the Record it self remains where it was before to be made use of for any purposes that may happen hereafter The rest of the Iudges were of the same opinion and so Iudgment was given for the Plaintiff De Termino Sanctae Trinitatis Anno 28 Car. secundi 1676. Banco Regis The King and the President and College of Physicians Plaintiffs against Marchamont Needham Defendant THe President and the College qui tam c. brought an action of debt upon the Statute of 14 H. 8. cap. 5. for so much money against the Defendant for practising Physick for so many months without licence of the College whereby he was to forfeit 5 li. per month one moiety thereof to the King and the other moiety to the President and College The Defendant pleaded as to part of the money in the Declaration mentioned nul tiel Record as the said Act of Parliament and as to the Residue of the money the Defendant pleaded nil debet The Plaintiffs demurred to the Barr. The cause of the demurrer was for that the Defendant's plea was double viz. it contained two matters one whereof alone would go in answer to the whole money in the Declaration mentioned and would of it self be a good and full Barr to the Plaintiffs Action in case the said matter be true as the Defendant alledgeth and that is the matter of nul tiel Record and therefore the pleading of nul tiel Record to part onely and the pleading of other matter viz. nil debet to the residue makes the Defendant's plea in Barr to be vicious and to be an ill plea in Law The Councel for the Defendant did then object that the Plaintiffs Declaration is naught 't is an action of debt brought by the President and College qui tam c. upon the Statute and an action of debt doth not lie the Plaintiffs should have brought an information upon the Statute and not an Action of debt upon the Statute for the Statute doth not give an action of debt and therefore an action of debt doth not lie Twisden Iustice answered that an action of debt doth lie by equity and construction of the Statute Jones Iustice said that in the Statute of Tithes in 3 Ed. 6. no action of debt is mentioned and yet an action of debt lies upon that Statute and so here Thereupon Rule was given by the Court that Iudgment should be entred for the Plaintiffs In Mich. Term. Anno Car. secundi xxvi THe College brought their Action against John Bourne to which he pleaded nil debet and upon tryal of the Cause at Guild-Hall before Iudge Twisden the Plaintiffs recovered 40 li. Trin. xxxv Car. secundi THe President and College c. brought an Action of Debt upon the Statute of the 14 of H. 8. against Frederick Harder for practising Physick and thereupon had a Verdict against him at Westm for 25 li. which he paid and the Costs that were taxed The same Term they had a Verdict against Nathaniel Merry for 40 li. and against Richard Stone for 45 li. College Questions resolved by the Lord Chancellor and Judges in the fifth of King James his Reign An. Dom. 1607. THe King 's most Excellent Majesty having directed his Letters to the Right honourable Thomas Lord Ellesmere Lord Chancellor of England and to Sir John Popham Knight Lord Chief Iustice of England and one of his Highness's most honourable Privy Council They the said Lord Chancellor and Lord Chief Iustice by virtue of the same Letters called unto them Sr. Thomas Fleminge Knight then Lord Chief Baron of his Majestie 's Court of Exchequer Sir Thomas Walmesley and Sr. Peter Warburton Knights two of his Majestie 's Iustices of the Court of Common Pleas and Sir David Williams and Sir Laurence Tanfield Knights two of his Majesties Iustices of the King's Bench and after due consideration had both of the Charter of King H. 8. made unto the said President and College of Physicians in the tenth year of his Raign and several Acts of Parliament thereof made one in the 14 year of the same King and the other in the first year of Q. Mary for the ordering and governing of the said College and of all the Practisers in London and 7 Miles compass did on the first of May 1607. at the house of the said Lord Chancellor called York house resolve the several questions hereafter mentioned as is expressed under every Question Tho. Harries These Questions were resolved as is expressed under every question by the right honorable the Lord Chancellor of England Lord Chief Iustice of England the Lord Chief Baron of the Exchequer Iustice Walmesley Iustice Warburton Iustice Williams and Iustice Tanfield being assembled by the King's Majestie 's appointment to examine view and consider of the Charters Statutes and Laws made for the government of the College of Physicians in London and the Practisers of Physick there the first day of May 1607. at the house of the Lord Chancellor Quest 1. Whether Graduates of Oxford and Cambridge may practise in London or 7 miles compass of the same without licence under the said College Seal by virtue of the clause in the end of the Statute of 14 H. 8. and whether that clause hath not relation to the Statute of 3 H. 8. onely or how far it doth extend Resp All resolved that no Graduate that is not admitted and licensed by the President and College of Physicians under their Common Seal could practise in London or within 7 miles compass of the same Quest 2. Whether by Graduates Graduates in Physick onely are to be understood Resp They resolved That the exception in the Statute of 14 H. 8. cap. of Graduates in the two Vniversities is to be understood onely 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 7 miles of the same without examination But not in London nor within the said Circuit of 7 miles Quest 3. If Graduates not admitted to practise in London practise there whether for evil practice or misdemeanour therein they be not subject to the Correction and government
of Aldermen charged the College with Arms whereupon they applied themselves to Queen Elizabeth and her Council upon which Secretary Walsingham wrote a Letter to the Lord Mayor and Aldermen of London that they should no more trouble the College but permit them to live quietly and free from that charge After this they met with no farther trouble or molestation till the Reign of K. James at which time the College being charged with Arms Sir William Paddy pleaded their Privilege before Sir Thomas Middleton Lord Mayor and a full Court of Aldermen and Sir Henry Mountague Recorder an account of which is at large Printed in this Book But the issue thereof was in short the following viz. That the Recorder then perusing every branch of the Statutes recited by Sir William Paddy with the reasons by him urged and opening every part thereof at large did conclude that the Act of Parliament did extend to give the College as much immunity as in any sort to the Chirurgeons Whereupon the Court desired a List of the Members of the College which was immediately given them and an Order entred for a dispensation to the College from bearing of Arms and also a Precept was then awarded by the Mayor and Court to commit all other Physicians or Surgeons refusing to bear or find Arms who were not of the College allowed or Chirurgeons licensed according to form About 3 years after this debate King James granted the College his Royal Charter wherein he confirms all former Statutes and Patents given them by his Royal Progenitors and therein granted To all and every Physician of the College to be wholly and absolutely free from providing or bearing of any Armour or other Munition c any Act or Statute to the contrary notwithstanding After this the College enjoyed this privilege without interruption during the Reign of King Charles the First of glorious memory untill the times of the late Rebellion in which Rights both Civil and Sacred were invaded and our College exposed to publick sale by mercenary Villains But upon the return of his Sacred Majesty He was pleased to take this Royal foundation into his protection and in the 15th year of his Reign gave them his Letters Patents confirming all their former Privileges and endowing them with many new ones amongst which this of being exempted from bearing and providing Arms c. is contained in the following words And we will and by these presents for Vs Our Heirs and Successors do give and grant unto the said President Fellows and Commonalty of the King's College of Physicians and their Successors that all and every Physician and Physicians that now is or are or that hereafter shall be elected and admitted and made a Member of the same College shall from time to time be wholly and absolutely fréed exempt and discharged of and from serving and appearing in any Iury or Iuries for the trial of any matter or cause or taking finding or executing of any Commission or inquisition whatsoever and of and from being or chosen to be Churchwarden Constable Scavenger or any such or the like Officer or Officers and of and from the undertaking execution or exercise of all and every the same and such like Office and Offices place and places and every of them and also of and from all Watch and Ward and of and from bearing and providing Arms within our Cities of London or Westminster or either of them or within 7 miles compass thereof And in case they or any of them shall at any time hereafter by any ways or means be designed appointed nominated or chosen into or to undergo or bear or perform any of the said Office or Offices place or places Duty or Duties or any of them within our said Cities or the Suburbs or Liberties thereof or limits aforesaid That all and every such designation appointment nomination or election shall be utterly void and of none effect Any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding In the Seventeenth of his Majestie 's Reign he was pleased pursuant to his Royal Patent to send the following Letter in behalf of the College by Sir Alexander Frazier his chief Physician the Superscription of which was To our trusty and well-beloved the Lord Mayor of our City of London for the time being and to the Deputy Lieutenants and Commissioners of the Militia of London and Westminster that now are and hereafter shall be and to all other Officers and Ministers whom it may concern CHARLES R. WHereas in conformity to several Grants and Charters made by our Royal Progenitors Kings of England unto the College of Physicians in our City of London We have béen pleased of our especial Grace and Favour to confirm all their ancient Privileges and Immunities with the addition of some further Powers and Clauses for the reguiation of that faculty by our Letters Patent bearing date the 26th of March in the 15th year of our Reign Wherein amongst other things it is exprefly provided and by us granted that every Physician who is or shall be a Member of the said College be frée and exempt and discharged of and from all Watch and Ward and of and from bearing and providing Arms within our Cities of London or Westminster or either of them or within 7 miles compass thereof We have thought fit hereby to acquaint you therewith and with our pleasure thereupon Willing and Requiring you in your several Places and Stations to give effectual orders from time to time that the said exemption from Watch and Ward and from bearing and providing Arms be now and hereafter punctually observed in favour of the Members of the said College within the limits aforesaid And that you suffer them not to be any wise molested on that behalf And for so doing this shall be your Warrant Given at our Court at Whitehall the 28th day of June 1665. in the seventéenth year of our Reign By his Majestie 's Command William Morice This is a true Copy of His Majestie 's Letter Will. Morice Thus by the especial grace and favour of the Kings and Queens of England the College of Physicians have been freed from bearing and providing Arms and though some particular Member may of late have been summoned upon that account by the Lieutenancy yet upon producing his Majestie 's Patent and asserting his Sovereign's Natural right in dispensing with a Corporation of men from bearing and providing Arms which was an inherent prerogative in the Crown and therefore an Act of Parliament was made in 13 Car. 2. 6. positively declaring That the sole and Supreme Power government command and disposition of all the Militia and of all Forces by Sea and Land c is and by the Laws of England ever was the undoubted right of his Majesty and his Royal Predecessors They were freed from any further trouble An instance of which we lately had in the case of Dr. Novell then Candidate of the
College of Physicians who Anno 1680. was summoned to appear before the Lieutenancy of London for not bearing and providing Arms. Upon which Summons attending with the Patent of 15 Car. Secundi Regis nunc The Lieutenancy upon a long debate of this matter desired him to leave a Copy of that part of the Patent which exempted the Members of the said College from bearing and providing of Arms and they would advise with their Councell thereupon ordering the Dr. to attend them their next Committee day in which they promised to give him their positive resolution Accordingly he attended and they told him that they were satisfied that the words of the Patent were sufficient to exempt the Members of the College from bearing and providing Arms and desired that a List of them might be given in under the College Seal which was accordingly done The Opinion of Sir Francis Pemberton late Lord Chief Justice of the Common Pleas as to the College's finding Arms given under his hand April 1680. Quest Whether the King may not excuse the College from finding Arms by virtue of his Letters Patent granted after an Act of Parliament which requires all persons to find Arms without exception Ans I conceive his Majesty may by his Patent excuse the College from finding Arms if he think sit The Opinions of Sir Edmund Saunders late Lord Chief Justice of England and Mr. Holt given under their hands upon the same account An. Dom. 1682. Quest Whether the general clause of Non obstante in the King's Letters Patent concerning the College of Physicians expressed in these words And we will and by these presents for Vs Our Heirs and Successors do give and grant unto the said President Fellows and Commonalty of the King's College of Physicians and their Successors that all and every Physician and Physicians that now is or are or that hereafter shall be elected admitted and made a member of the same College shall from time to time be wholly and absolutely fréed exempt and discharged of and from bearing and providing Arms within our Cities of London or Westminster or either of them or any of the Suburbs or Liberties of the same Cities or either of them or within 7 miles compass thereof Any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding doth operate upon the Acts of Parliament of the 13 14 and 15. years of his now Majestie 's Reign for regulating the Militia and thereby exempt the Members thereof from bearing or providing Arms according to the purport of the said Acts they being not by name mentioned in the said clause of Non Obstante Sir Edmund Saunders his Opinion The Patent doth discharge the Physicians from bearing or providing of Arms notwithstanding the Militia Act. Mr. Holt his Opinion I conceive by the Patent all the Members of the College are exempted from being at any charge to wards the Militia FINIS AN HISTORICAL ACCOVNT OF THE COLLEGE'S Proceedings AGAINST EMPIRICKS AND Unlicensed Practisers c. In every Prince's Reign from their first Incorporation to the Murther of the Royal Martyr King Charles the First By CHARLES GOODALL Dr. in Physick and Fellow of the said College of Physicians LONDON Printed by M. Flesher for Walter Kettilby at the Bishop's Head in St. Paul's Church-Yard 1684. TO THE RIGHT WORSHIPFULL Dr. Whistler PRESIDENT The Censors and Fellows of the College of Physicians in London 'T Is now about 165 years since your College was first founded by Royal Authority The causes which moved the renowned Princes King Henry 8. Q. Mary Q. Elizabeth King James and our present Sovereign whom God long preserve to stamp such eminent characters and signal marks of their Royal favour and bounty upon you cannot be unknown to those who have read over the Acts of Parliament passed in two Princes Reigns with the Charters granted by others and Printed in this Book In which you may find it thus expressed That they out of their Princely wisedom deeply considering and by the example of Foreign well-governed States and Kingdoms truly understanding how profitable beneficial and acceptable it would be unto the whole body of this Kingdom 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 Kingdom than to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilfull practisers those that were learned grave and profound practisers in that faculty should receive more bountifull reward and also the industrious Students of that profession would be the better encouraged in their studies and endeavours c. Vpon these and many other weighty Motives causes and considerations recited at large in the forementioned Acts and Charters did our Kings and Queens of England erect found and establish a College Commonalty or Incorporation of Physicians in the City and Suburbs of London and for 7 miles every way in distance from the same to be remain and have existence for ever Now much honoured Collegues How far you have answered the great and noble ends of these Princely favours and Royal Grants will fully appear in this book I mean as to the primary cause of your Incorporation viz. The restraining and suppressing illiterate unexperienced and unlicensed practisers As to the Second viz. How far you and your predecessors have answered the Character of learned grave and profound practisers in the faculty of Physick will in some measure appear in this Epistle wherein I have endeavoured to give a true though brief account of several memorable passages relating to the Lives and Works of some of the eminent Physicians of this College This is a work I must confess more fit for a large Volume than an Epistle a work which I hope in due time may be attempted by a more able and elegant pen than I can pretend to and that because I know there want not good materials to encourage such an honourable and worthy undertaking several Authours having already written somewhat memorable of the Worthies of this our Royal College our own Annals acquainting us with much more and the learned Dr. Hamey having left behind him in a Manuscript of his own writing the lives of above 50 of them Some of which were highly valued for their knowledge in the learned Languages others for being general Scholars polite Latinists accurate Grecians eloquent Oratours great Antiquaries and deep Philosophers Others for the improvement of their own faculty in the Theoretick and Practick Anatomick and Spagirick parts thereof that they were and are no less valued and esteemed in other Countries than in their own having by their matchless and most incomparable works not onely merited but obtained the name of immortal Some are admired and read in foreign Vniversities as Hippocrates and Galen
time to time authorized for the due execution of the Acts and Statutes in that behalf made upon pain for not giving such aid help and assistance to run in contempt of the King's Majestie his Heirs and Successors Now forasmuch as we have been enformed by the President of the College that there are sundry unskilfull persons within the precincts and limitts aforesaid who doe use and practise the said faculty contrary to the same Statutes of this Realm in that case provided and to the great peril and danger of the lives of many of his Majestie 's subjects These are to will and require you and in his Majestie 's name streightly to charge and command you that henceforth at all time and times you according to the tenour of the said Act be aiding and assisting to the said President and to those that shall be lawfully authorized by the said President and College for the apprehending of all such persons as shall unlawfully use and practise the said faculty within the limits aforesaid contrary to the intent and meaning of the Statutes aforesaid when they or any of them shall give you notice of and require and thereupon to bring them before the said President or those authorised as aforesaid to their College there to be examined and proceeded against as to the Law in that case shall appertain Whereof fail you not as you and every of you will answer the contempt in that behalf made Yeven under our hands at Whitehall the xxiiiith day of July An. Dom. 1609. and in the seventh year of the Reigne of our Sovereign Lord James by the grace of God King of England France and Ireland Defender of the Faith c. and of Scotland the two and fortieth R. Cant. T. Ellesmer Canc. R. Salisbury H. Northampton T. Suffolk W. Knollys J. Stanhope Jul. Caesar Tho. Parry Tho. Fleming Jo. Corbet About 13 years after the King was pleased to send a Letter to the President and Censors of the College requiring them to summon all illegal and ignorant practitioners in order to examine their sufficiency and to punish the insufficient according to the Laws in that case provided The Contents of which are as follow To our trusty and welbeloved the President and Censors of the College of Physicians within our Cittie of London JAMES R. TRusty and welbeloved We greet you well Whereas the Art of Physick by many unlearned men making gain by the profession thereof to the great hurt and prejudice of many of our loving subjects is much abused in many places in this our Realm but especially in our City of London and the Suburbes thereof the government whereof as touching the practice of the said Art and the practitioners thereof being by the Lawes and Statutes of the Realme committed unto you the President and Censors of our College of Physicians and you having also from us by our Letters Patents more ample authority for the suppression and correction of such Delinquents We therefore minding so farre as in us lyeth the speedy reformation of all such abuses and inconveniences do by these presents as heretofore yet more strictly charge and command you the President and Censors aforesaid to call before you all such irregular and ignorant Practitioners as contrary to our Lawes and authority do abuse that Art and to examine their sufficiency and such as you shall find not sufficient to punish for their said practice according to our Lawes in that case provided And whereas we are credibly given to understand that many having been punished and warned by you to desist from any further practice do yet obstinately notwithstanding persist in the former contempt of our Laws and commandments We will and command you that you proceed against such Delinquents with all severity according to the tenor of our said Letters Patents and the due course of our Lawes by fine and imprisonment or by causing them to enter into Recognisances with condition restraining them to offend any more or otherwise as the case shall require and is agreeable to Iustice And our will and pleasure is that such offendors as shall be so imprisoned shall there remaine without being enlarged unlesse it be upon their conformity and submission to you the said President and Censors or other due course of Law Wherein we require all our Iudges and Iustices that they be very carefull and circumspect not to do any thing that may give encouragement to such offendors by enlarging any such too easily without due examination of the causes of their Commitment first calling thereto the President and Censors or some of them to declare the true reasons and causes thereof And whereas we are given to understand that oftentimes upon the sollicitation of some or other friend or person of Quality suiter to you for the sad Delinquents after their conviction you have been moved to wink at their faults and neglect their punishment to the great prejudice of the health of many of our poor subjects Our will and pleasure is and we do hereby streightly charge and command you that henceforth neither for favour friendship or respect of any you forbeare the just censure and punishment due by our Lawes to such Delinquents as you shall answere us on the contrary at your peril and that you require the aide and assistance of the Lord Mayor and Aldermen of our City of London whom by our Letters we have so required to do for your better expedition in the execution of this our Royal will and commandment not doubting but that you with more care will seek to suppresse such intolerable abuses and satisfy our trust in this case committed to you Given under our signet at our Palace of Westminster the second day of July in the twentieth yeare of our reign of England France and Ireland and of Scotland the five and fiftieth At the same time another Letter was sent from the King to the Lord Mayor Aldermen and Justices of London the Copy of which is the following WHereas in the time of our Predecessors of famous memory by several Acts of Parliament as also by our late Charter there hath been sufficient provision and power given and granted to the College of Physicians in London to reforme and suppresse all and singular unlawfull and unlearned practitioners in Physick and hearing neverthelesse that divers unskilfull and unlearned men and women do rashly adventure to enter into the practice of Physick to the great danger and hurt of our subjects We therefore now finding that neither Acts of Parliament nor our Charter heretofore granted have for want of execution wrought such good effects as we wish alwayes for the good of our subjects do by these presents charge you the Lord Mayor Aldermen and Iustices of peace within our City of London and the precincts that with all readynesse you do aide and assist the President and Censors for the time being of our College of Physicians in London or such Officers as the President and the said College