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 Chaâ—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. OÌ„ibus ad quos presentes lÌ„re nÌ„re 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.
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
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 committaÌ„tur 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 Abusâ—s reformed do abound and increase to the apparent damage of us and our loving Subjects of this
their Maladies and to remove Leprosies amongst them and also to remove all fumes and smels which may offend or be prejudicial to their health as it appears by the several Writs in these several cases provided and so if a man be not right in his Wits the King is to have the Protection and Government of him lest he being infirm waste or consume his Lands or Goods and it is not sufficient for him that his Subjects live but that they should live happily and discharges not his Office if his Subjects live a life but if they live and flourish and he hath care as well of their Bodies as of their Lands and Goods for Health for the Body is as necessary as vertue to the minde and thâ— King H. 8. to express his extraordinary care of his Subjects made the said Act in the third year of his Reign which was the beginning of his Essence to that purpose and by the Common Law any Physician which was allowed by the University might practise and exercise the said faculty within any place within England without any dispensation examination or approbation of any but after the making of the said Act made in the third year of King H. 8. none may practise exercise or occupy as Physician or Chirurgeon within the City of London and seven miles of that if he be not first examined approved and admitted by the Bishop of London and the Dean of Pauls for the time being calling to them four Doctors of Physick or Chirurgeons c And that no practiser may occupy or exercise the said faculty out of the said Precincts if he be not first examined approved and admitted by the Bishop of the Diocess or in his absence by his Vicar general every of them calling unto him such expert persons in the said faculty as their discretions think covenient and the reason of this difference as he conceived was for that that in this City and the said Precincts the King and all his Councel and all the Judges and Sages of the Law and divers other men of quality and condition live and continue and also the place is more subject unto Infection and the aire more pestiferous and for that there is more necessity that greater care diligence and examination be made of those which practised here in London and the Precincts aforesaid then of those which practise in other places of the Realm for in other places the people have better air and use more exercise and are not so subject to Infection and for that there is no cause that such care should be used for them for they are not in such danger and in the Statute there is not any exception of the Universities nor of those which are Graduats there and for that they shall be tryed by the said Act and the Statute of 14. H. 8. chapter 5. only excepts those which are Graduats of Oxford or Cambridge which have accomplished all things for the form without any Grace and if this Exception shall be intended to extend to others then all the University shall be excepted by that and such exception was too general and over he said that the Plaintiff gave absurd and contemptous answer when he being cited before them said that he would not be ruled nor directed by them being such grave and learned men and for that that he hath practised against the Statute he was worthily punished and commited for it should be a vain Law if it did not provide punishment for them that offend against that and Bracton saith Nihil est habere Leges si non sit unus qui potest Leges tueri and for this here are four grave and discreet men to desend and maintain the Law and to punish all Offenders against that according to the Statute by Imprisonment of their Bodies and other reasonable waies and the said four men have the search as well of those men as of other Mediciners and the Statute of 1. Marie provides that the Keepers of Prisons shall receive all which are committed by the said four grave and learned men and though there be great care committed to them by the said Statute and the said Letters Patents yet there is a greater trust reposed in them then this for we commit to them our lives when we receive physick of them and that not without cause for they are men of Gravity Learning and Discretion and for that they have power to make Lawes which is the Office of the Parliament for those which are so learned may be trusted with any thing and for the better making of these they have power to assemble all the Commons of their Corporation and the King allowes of that by his Letters Patents for it is made by a Congregation of wise learned and discreet men and the Statute of 1. Marie inflicts punishment upon Contempts and not for any other offences and they held a Court and so may commit as every other Court may for a contempt of common right without Act of Parliament or Information or other legal form of proceeding upon that as it appears by 7. H. 6. for a contempt committed in a Leet the Steward committed the Offender to Prison and it was absurd to conceive that the Statute will allow of commitment without cause and it is a marvelous thing that when good Lawes shall be made for our health and wealth also yet we will so pinch upon them that we will not be tried by men of experience practise and Learning but by the University where a man may have his Degree by grace without merit and so for these reasons he concluded that this Action is not maintainable Coke chief said that the Cause which was pleaded Coke for that the Plaintiff was committed was for that that he had exercised Physick within the City of London by the space of a Moneth and did not very fitly answer for which it was ordained by the Censors that he should pay a hundred shillings and that he should forbear his practise and that he did not forbear and then being warned of that and upon that being summoned to appear did not appear and for that it was ordained that he should be arrested and that after he was summoned again and then he appeared and denied to pay the hundred shillings and he said that he would practise for he was a Doctor of Cambridge and upon that it was ordained that he should be committed till he should be delivered by the Doctors of the Colledge and upon this was the Demurrer joyned and in pleading the Plaintiff said that he was a Doctor of Philosophy and Physick upon which the Lord took occasion to remember a saying of Galen that is ubi Philosophia desinit ibi medicina incipit and he said the only question of this case depends not upon the payment of the said hundred shillings but upon the words of the Letters Patents of the King and the said two Statutes the words of which are Concessimus
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
the Colledge as much immunity as in any sort to the Chirurgeons Whereupon the Court desired a Catalogue of the Members of the Colledge in number then 41. which was immediately done that others not of the Colledge might not delude them and so claim priviledge Hereupon ordered a dispensation of the Colledge from bearing of Arms and also a precept then awarded by the Major and Court to commit all other Physicians or Chirurgeons refusing to bear or find arms who were not by the Colledge allowed or Chirurgeons licenced according to form L. 2. Annal. pag. 17 18. Rot Parl. 32 H. 6. M. 17. REx adversa valetudine laborans de assensu Consilii sui assignavit Joannem Arundel Joannem Saceby W. Haâ—cliffe medicos Robertum Warren Joan Marshal Chirurgos ad libere ministrandum exequendum in circa personam suam Inprimis viz. quod licitè valeant moderare sibi dietam suam quod possint ministrare potiones syrupos Confectiones laxativas medicinas clysteria supositoria caput purgia gargarismata lealnen epithemata fomentationes embrocationes capitis rasuram unctiones emplastra cerata ventosa cum scarificatione vel sine Emorodorum Scarificationes c. Dante 's singulis in mandatis quod in executione praemissorum sint intendentes c. Upon this four things are to be observed 1. That no Physick ought to be given to the King without good warrant 2. This Warrant ought to be made by advice of his Councel 3. They ought to minister no other Physick then that is set down in writing 4. That they may use the aid of those Chirurgeons named in the Warrant but of no Apothecary but to prepare and do all things themselves c. And the reason of all this is the precious regard had of the health and safety of the King which is the head of the Common-wealth Cokes institutes pars 4. pag. 251. Physicians Chirurgeons soient sages en lour faculties eyent sans les consciences cy que rien ne ent failli a faire cure silz ne scavoyent a bone chiefe mitter ou silz a bon chiefe scavâ—yent entre-mettent nequidant follement ou negligentment issent que ilz mittont froid pur chaude ou le revers ou trop peu de cure ou nemi mitter un due diligence nosmement en arsons ad abscissions que sont defend a faire forsque al peril des mesters si lour patients morerent ou perdent memorie en tiels cases sont ilz homicides ou Mayhemers Mirror cap. 4. § de Homicide verb daut ' part To Our trusty and welbeloved the President and Censors of the Colledge of Physicians within the City of London JAMES REX 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 of this Our Realm but especially in our City of London and the Suburbs thereof the government whereof as touching the practise of the said Art and the practitioners thereof being by the Lawes and Statutes of the Realm committed unto you the President and Censors of our Colledge 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 far as in us lieth 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 bad practise 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 practise do yet obstinately notwithstanding persist in their former contempt of our Lawes 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 recognizance with condition restraining them to offend any more or otherwise as the case shall require and shall be agreeable to justice And our will and pleasure is that such offenders as shall be so imprisoned shall there remain without being enlarged unless 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 Judges and Justices that they be very careful and circumspect not to do any thing that may give encouragement to such offenders by enlarging any such too easily or without due examination of the causes of their commitment first calling thereto the said 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 solicitation of some or other friend or person of quality sutor to you for the said 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 our poor subjects Our will and pleasure is and we do hereby straightly charge and command you that henceforth neither for favour friendship or respect of any you forbear the just censure and punishment due by our Lawes unto such delinquents as you shall answer to us on the contrary at your peril and that you require the aid and assistance of the Lord Major 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 suppress such intolerable abuses and satisfie our trusts in this case committed to you Given under our Signet at our Pallace of Westminster the second day of July in the twentieth year of our Reign of England France and Ireland and of Scotland the five and fiftieth The Kings Councel about the same time send a Warrant for Attachment of Empericks directed to all Justices of Peace Mayors Sheriffs Baileys Constables Headboroughs and all other his Majesties Officers and Ministers within the City of London and seven miles Butler made extraordinary Chirurgeon to the King was permitted by the Lord Keeper to be sued Annal. pag. 97. Blank had a Habeas Corpus 1637. but by the Judges was sent back to prison having been fined by the Censors 20 l ob malam praxia though he had Letters Patents from the Archbishop of Canterbury A Brief of what King James granted and defective in former Grants 1. THat whereas they were by the former Act enabled to keep Courts and Convocations and thither to convent and there to punish offenders but had no certain place limited now they have power to purchase a Hall peculiar for that purpose 2. Whereas they are by the former Act inabled to purchase only 12 l. revenue to the said Colledge now they have power by the Letters Patents to purchase to the value of 100 Marks per annum 3. Whereas the Colledge is authorised of old by suite to recover from all practisers in Physick without approbation from the Colledge 5 l. a moneth By the last Letters Patents they are authorised to punish such offenders contempt in not coming to the Colledge upon the President and Censors Warrants or in refusing to answer being come by a Fine of 40 s. and imprisonment till they have paid the same And for practising without License upon conviction they may fine the offenders in 3 l. and imprison them for seven daies and untill they have paid such fines 4. Whereas of old the Colledge might punish evil practitioners in Physick within their Limits by a Fine of 20 l. By their new Grant they may examine for Witnesses against them upon oath Chirurgeons and Apothecaries and Druggists And the Servants and Attendants upon the Sick and no others and fine them 20 s. for refusing to come or answer before them and upon conviction they may fine evill Practisers in Physick 10 l. and imprison them for 14. daies and until they pay the same Fine 5. Whereas of old the Physicians had power to search the Shops and Ware-houses of all Apothecaries Druggists Distillers and Sellers of Medicines and finding unwholsome Drugs and Medicines to burn them By their new Grant they are authorised to fine such offenders in 3 l. and to commit them untill they pay the same 6. Whereas of old the one half of all Fines to be imposed by the Colledge were granted to the said Incorporation in their new Grant all the said Fines are granted to them paying to the King his Heirs and Successors yearly 6 l. 7. In the new Grant the President and Censors are enabled to take Recognizances to the Kings Majesty of Offenders convicted of unlawful or evil practise with condition that they shall not commit like future offences and to imprison them if they refuse to be so bound 8. In the new Grant the Collegiates are freed from bearing or finding of Arms because they are subject to serve in person both in the Kings Armies and in his Fleets upon occasion 9. His Majesty promiseth his Royal Assent for enacting this Patent the next Parliament