A COLLECTION OF Acts of Parliament Charters Trials at Law and Judges Opinions Concerning Those GRANTS to the Colledge of Physicians London taken from the Originals Law-Books and Annals Commanded By Sir EDWARD ALSTON Kt. President and the Elects and Censors Made by CHRISTOPHER MERRETT Fellow and Censor Anno Dom. 1660. CONTENTS ACts 3. H. 8. pag. 1. Search for the Original 122 123 ACts 14 15. H. 8. 3. ACts 32. H. 8. 14 18. ACts 34 35. H. 8. 27. ACts 1. Mariae 30. Chirurgeons and their Liberties 18. Charters 10. H. 8. pag. 3. Confirmed 9 11 19 30 34 39 40 41 61. Queen Eliz. for Anatomies 34. King James 37. to be confirmed next Parl. 62. An Abridgment of it 134. Allowed in the Exchequer 65. His Letter in prosecution of it 130. The like from his Councel 133. Tryals Colledge versus Gardiner 67 110 112. Tryals Colledge versus Dr. Bonham 75. Bugge 65 Tryals Colledge versus Barton 101. Tryals Colledge versus Jenkins and Read 113. Tryals Colledge versus Barker 122. Tryals Colledge versus Trigge 124. Tryals Colledge versus Blanke 124 133. Tryals Colledge versus Butler 133. Bonham versus Colledge 79. Butler versus Colledge 106. Concerning the Kings Physicians 129. Lord chief Justice Pophams Resolves 113. Lord Chancellour Chief Justice and Judges resolves 116. Several tryals nonsuits and directions 122 123 124 133. 1. Form of a Declaration 67. 2. an Information in the Exchequer 67. 3. a Warrant to commit to prison 101. PRIVILEGES Coll. Incorporated pag. 4 5. To choose a President 5 To have a Common Seal 6. To purchase Lands 6 60 To plead and be impleaded 6 124. To make by-Laws 6 56 To have a Hall and meetings 55. To imprison non-payers of fines 52. To have all fines 53 57 To pay 6 l. per annum for those fines 63. Not to be in Inquests juries c. 8. Freed from Watch Ward and Offices 15. Freed from Armes compare 19 22. 61 126. May practise Chirurgery 18. Elects to be chosen 10. What Physicians they may licence 11 Register his office and oath 57 58 Officers to choose and swear 58 59 Censors are to be yearly chosen their office concerning Physicians and Medicines 7 May fine and imprison for mala praxis 7 31 32 47 And for that only 97 98 Keepers to receive whom they commit to prison 31 Must be sworn 16. their forfeiture for non-swearing and searching 16 May search Apothecaries c. shops 16 32 44 50 52 Apothecaries refusing search how fined 17 33. May summon examine fine and convent Physicians and witnesses 45 51. May fine and imprison witnesses not appearing c. 46 May swear witnesses 49. May take a bond of 100 l. for no farther practise 59 May punish non admissos and how 47. Discovery of offenders and how 48 May convent Apothecaries c. 51 Admitted by the Vniversities 3 11 75 Colledge 7. Bishops 2 3. Elects 11 Penalty of non admissi 2 7 42 By the Common Law 66 In what cases any person may Practise 27. ANNO TERTIO HENRICI Octavi CAP. XI By whom every Physician and Chirurgeon shall be allowed TO the King our Soveraign Lord and to all the Lords Spiritual and Temporal and Commons in this present Parliament assembled For as much as the science and cunning of Physick and Chirurgery to the perfect knowledge whereof be requisite both great learning and ripe experience is daily within this Realm exercised by a great multitude of ignorant persons of whom the greater part have no manner of insight in the same nor in any other kind of learning some also can no letters on the book so Inconveniences ensuing by ignorant persons practising Physick or Chirurgery far forth that common Artificers as Smiths Weavers and women boldly and customably take upon them great cures and things of great difficulty in the which they partly use sorcery and witchcraft partly apply such medicines unto the disease as be very noyous and nothing meet therefore to the high displeasure of God great infamy to the Faculty and the grievous hurt damage and destruction of many of the Kings liege people most especially of them that cannot discern the uncunning from the cunning Be it therefore to the surety and comfort of all manner people by authority of this present Parliament Enacted That no person within the City By whom they which practise Physick or Chirurgery in London c. shall be allowed St. 14. H. 8. 5. 34. H. 8. 8. of London nor within seven miles of the same take upon him to exercise and occupy as a Physician or Chirurgeon except he be first examined approved and admitted by the Bishop of London or by the Dean of Pauls for the time being calling to him or them four Doctors of Physick and for Chirurgery other expert persons in that Faculty and for the first examination such as they shall think convenient and afterward alway four of them that have been so approved upon the pain of forfeiture for every moneth that they do occupy as Physicians or Chirurgeons not admitted not examined after the tenour of this Act of v. li. to be imployed the one half thereof to the use of our Soveraign Lord the King and the other half thereof to any person that will sue for it by action of debt in which no wager of Law nor protection shall be allowed And over this that no person out of the said A Physician or Chirurgeon allowed by the Bishop of the Diocese City and precinct of vii miles of the same except he have been as is aforesaid approved in the same take upon him to exercise and occupy as a Physician or Chirurgeon in any Diocese within this Realm but if he be first examined and approved by the Bishop of the same Diocese or he being out of the Diocese by his Vicar general either of them calling to them such expert persons in the said faculties as their discretion shall think convenient and giving their Letters testimonials under their Seals to him that they shall so approve upon like pain to them that occupy contrary to this Act as is above said to be levied and imployed after the form before expressed Provided alway that this Act nor any thing The Priviledges of Oxford and Cambridge therein contained beprejudicial to the Universities of Oxford and Cambridge or either of them or to any priviledges granted to them Rast pla fol. 426. Anno xiiii xv Henrici octavi CAP. V. The priviledges and authority of Physicians in London IN their most humble wise shew unto your Highness your true and faithful subjects and liege men John Chambre Thomas Linacre Fernandus de Victoria your Physicians and Nicholas Halsewell John Fraunces and Robert Yaxley and all other men of the same faculty within the City of London and seven miles about that where your Highness by your most gracious Letters Pattents bearing date at Westminster the 23. day of September A body corporate of the faculty
within the City of London except he be a Freeman of the same Corporation and Company And furthermore at such times as have been heretofore accustomed there shall be chosen by Four Wardens shall be chosen and their authority the same Company four Masters or Governors of the same Corporation or Company of the which four two of them shall be expert in Chirurgery 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 inconveniences as shall be found among the said Company using Barbery or Chirurgery as well of freemen as foreins aliens and strangers within the City of London and the circuit aforesaid after their said discretions And if any person The forfeitures of the offenders or persons using any Barbery or Chirurgery at any time hereafter offend in any of these Articles aforesaid then for every moneth the said persons so offending shall lose forfeit and pay five pounds the one moity thereof to the King our Soveraign Lord and the other moity to any person that will or shall sue therefore by action of debt bill plaint or information in any the Kings Courts wherein no wager of law essoine or protection shall be admitted or allowed in the same Provided that the said Barbers and Chirurgeons and every of them shall bear and pay lot and scot and such other charges as they and their predecessors have been accustomed to pay within the said City of London this act nor any thing therein contained to the contrary hereof in any wise notwithstanding Provided alway and be it enacted by authority Any person may keep a Barber or Chirurgeon as his servant aforesaid that it shall be lawful to any of the Kings Subjects not being Barber or Chirurgeon to retain have and keep in his house as his servant any person being a Barber or Chirurgeon which shall and may use and exercise those arts and faculties of Barbery and Chirurgery or either of them in his masters house or elsewhere by his Masters license or commandement any thing in this Act above written to the contrary notwithstanding Anno xxxiiii xxxv Henrici octavi CAP. VIII Any person being no common Chirurgeon may minister outward medicines WHere in the Parliament holden at Westminster in the third year of the Kings 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 them to exercise and occupy as Physician or Chirurgeon 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 By what means the Chirurgeons of London have abused the Statute of 3. H. 8. 11. for their own gain the company and fellowship of Chirurgeons of London minding only their own 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 been pained with customable diseases as womens brests being sore a pin and the web in the eye uncomes of hands scaldings burnings sore mouthes the stone strangury saucelim and morfew 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 only for neighbourhood and Gods sake and of pity and charity And it is now well known that the Chirurgeons 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 Chirurgery as daily do but the great part of Chirurgeons admitted been much more to be blamed then those persons that they trouble For although the most part of the persons of the said craft of Chirurgeons 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 than do them good In consideration whereof and for the ease comfort succour help relief and health of the Kings poor Subjects inhabitants of this his Realm now pained or diseased or that hereafter shall be pained or diseased Be it ordained established and enacted by the authority of this present Parliament that all time from henceforth it shall be lawful to every person being the Kings Subject having knowledge and experience of the nature of herbes roots and waters or of the operation It shall be lawful for any person to cure outward sores notwithstanding the Statute of 3. H. 8. 11. of the same by speculation or practise within any part of the Realm of England or within any other the Kings Dominions to practise use and minister in and to any outward sore uncome wound apostemations outward swelling or disease any herb or herbs oyntments bathes pultes and emplasters 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 losse of their goods the foresaid Statute in the foresaid third year of the Kings most Gracious reign or any other Act Ordinance or Statute to the contrary hereof heretofore made in any wise notwithstanding Anno primo MARIAE Sessio secunda CAP. IX The Incorporation of Physicians in London WHereas in the Parliament holden at London the fifteenth day of April in the fourteenth year of the reign of our late Soveraign Lord King Henry the eighth and from thence adjourned to Westminster the last day of July in the fifteenth year of the reign of the same King and there holden It was enacted that a certain Grant by Letters Pattents of incorporation made and granted by our said late King to the Physicians of London and all clauses and Articles contained in the same Grant should be approved granted ratified and confirmed by the same Parliament For the consideration thereof be it enacted by A confirmation of the St. of 14. H. â— 5. touching the Corporation of Physicians of London authority of this present Parliament that the said Statute or act of Parliament with every article and clause therein contained shall from henceforth stand and continue still in full strength force and effect Any Act Statute Law Custome or any other thing made had or used to the contrary in any wise notwithstanding And for the
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
the best learned wisest and most discreet such as they shall think convenient and have experience in the said faculty of Physick and that the said four persons so elected and chosen after a corporal Oath to them ministred by the said President or his Deputy shall and may by vertue of this present Act have full authority and power as oâ—ten as they shall think meet and convenient to enter into the house or houses of all and every Apothecary now or any time hereafter using the mystery or craft of Apothecary within the said City only to search view and see such Pothecary Wares Drugs and stuffes as the said Apothecaries or any of them have or at any time hereafter shall have in their house or houses And all such Wares Drugs and stuffes as the said four persons shall then find defective corrupted and not meet nor convenient to be ministred in any medicines for the health of mans body the same four persons calling to them the Wardens of the said mystery of Apothecaries within the said City for that time being or one of them shall cause to be brent or otherwise destroy the same as they shall think meet by their discretion And if the said Apothecaries or any of them at any time hereafter do obstinately or willingly refuse or deny the said four persons yearly elected and chosen as is before said to enter into their said house or houses for the causes intent and purpose before rehearsed That then they and every of them so offending contrary The forfeiture of an Apothecary that refuseth to have his house searched St. 1. M. 9. to this Act for every time that he or they do o offend do forfeit C. s. the one half to your Majesty and the other half to him that will sue for the same by action of debt bill plaint or information in any of the Kings Courts wherein no wager of law essoine or protection shall be allowed And if the said four persons or any The forfeiture of such as being elect refuse to be sworn or to make search of them so elected and chosen as before is said do refuse to be sworn or after his said oath to him â—â— them administred do obstinately refuse to make the said search and view once in the year at such time as they shall think most convenient by their discretions having no lawful impediment by sickness or otherwise to the contrary that then for every such wilful and obstinate default every of the said four persons making default to forfeit forty shillings And forasmuch as the Science of Physick doth comprehend include and contain the knowledge Any of the Physicians of London may practise Chirurgery of Chirurgery as a special member and part of the same therefore be it enacted that any of the said Company or fellowship of Physicians being able chosen and admitted by the said President and fellowship of Physicians may from time to time as well within the City of London as elsewhere within this Realm practise and exercise the said Science of Physick in all and every his members and parts any Act Statute or provision made to the contrary notwithstanding CAP. XLII The authority and liberties of Barbers and Chirurgeons in London being made of one Company THe King our Soveraign Lord by the advice of his Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the authority of the same by all their common assents duly pondering among other things necessary for the Common-wealth of this Realm that it is very expedient and needful to provide for men expert in the Science of Physick and Chirurgery for the health of mans body when infirmities and sickness shall happen for the due exercise and maintenance whereof good and necessary acts be already made and provided Yet nevertheless forasmuch as within the City of London where men of great experience as well in speculation as in practise of the Science and faculty of Chirurgery be abiding and inhabiting and have more commonly the daily exercise and experience of the same Science of Chirurgery then is had or used within any parts of this Realm And by occasion thereof many expert persons be brought up under them as their servants apprentices and others who by the exercise and diligent information of their said masters as well now as hereafter shall exercise the said Science within divers other parts of this Realm to the great relief comfort and succour of much people and to the sure safeguard of their bodily health their limbs and lives And for as much as within the said City of London there be now two several and distinct Companies of Chirurgeons occupying and exercising the said Science and Faculty of Chirurgery the one Company being By whom and at what time the Barbers of London were incorporate commonly called the Barbers of London and the other Company called the Chirurgeons of London which Company of Barbers be incorporated to sue and be sued by the name of Masters or Governors of the Mystery and Communalty of the Barbers of London by vertue and authority of the Letters Patents under the great Seal of the late King of famous memory King Edward the fourth dated at Westminster the four and twentieth day of February in the first year of his reign which afterward as well by our most dread Soveraign Lord as by the right noble and vertuous Prince King Henry the seventh Father unto the Kings most excellent Highness now being were and be confirmed as by sundry Letters Patents thereof made amongst other things in the same contained more at large may appear And the other Company called the Chirurgeons be not incorporate The benefit like to ensue by joyning the Barbers and Chirurgeons in one Company nor have any manner of Corporation which two several and distinct Companies of Chirurgeons were necessary to be united and made one body incorporate to the intent that by their union and often assembly together the good and due order exercise and knowledge in the said Science or Faculty of Chirurgery should be as well in speculation as in practise both to themselves and all other their said servants and apprentices now and hereafter to be brought up under them and by their learning and diligent and ripe informations more perfect speedy and effectual remedy should be then it hath been or should be if the said two Companies of Barbers and Chirurgeons should continue severed asunder and not joyned together as they before this time have been and used themselves not medling together Wherefore in consideration of the Premises be it enacted by the King our Soveriagn Lord and by the Lords Spiritual and Temporal and by the Commons in this present Parliament assembled and by the authority of the same That the said two several and distinct Companies of Chirurgeons that is to say both the Barbers and the Chirurgeons and every person of them being a freeman of either of the said Companies
after the custome of the said City The Barbers and Chirurgeons of London made one Company and incorporated of London and their successors from henceforth immediately be united and made one entire and whole body corporate and one Comminalty perpetual which at all times hereafter shall be called by the name of Masters or Governours of the mystery Comminalty of Barbers and Chirurgeons of London for evermore and by none other name And by the same name to implead and be impleaded before all manner of Justices in all Courts in all manner of Actions and Suits And also to purchase enjoy and take to them and to their successors all manner of lands tenements rents and other possessions whatsoever they be and also shall have a common Seal to serve for the business of the said Company and Corporation for ever And by the same name peaceably quietly and indifferently have possess and enjoy to them and to their successors for ever all such lands and tenements and other hereditaments whatsoever which the said Company or Comminalty of Barbers have and enjoy to the use of the said Mystery and Comminalty of Barbers of London And also shall peaceably and quietly have and enjoy all and singular benefits grants liberties priviledges franchises and free customes and also all manner of other things at any time given or granted unto the said Companies of Barbers or Chirurgeons by whatsoever name or names they or any of them were called and which they or any of them now have or any of their predecessors have had by acts of Parliament Letters Pattents of the Kings Highness or other his most noble progenitors or otherwise by any lawful means had at any time afore this present Act in as large and ample manner and form as they or any of them have had might or should enjoy the same this union or conjunction of the said companies together notwithstanding And as largely to have and enjoy the premises as if the same were and had been specially and particularly expressed and declared with the best and most clearest words and terms in the law to all intents and purposes And that The Barbers and Chirurgeons in London shall be exempt from bearing of armes or to be in watches or inquests 5. H. 8. 6. all persons of the said Company now incorporate by this present Act and their successors that shall be lawfully admitted and approved to occupy Chirurgery after the form of the Statute in that case ordained and provided shall be exempt from bearing of armour or to be put in any watches or inquests And that they and their successors shall have the search oversight punishment and correction as well of Freemen as of foreins for such offences as they or any of them shall commit or do against the good order of Barbery or Chirurgery as afore this time among the said mystery and Company of Barbers of London hath been used and accustomed according to the good and politick rules and ordinances by them made and approved by the Lords Chancellor Treasurer and two chief Justices of either Bench or any three of them after the form of the Statute in that case ordained and provided 19. H. 7. 7. And further be it enacted by the authority The Chirurgeons may take yearly four condemned persons for Anatomies aforesaid that the said Masters or Governors of the Mystery and Comminalty of Barbers and Chirurgeons of London and their successors yearly for ever after their said discretions at their free liberty and pleasure shall and may have and take without contradiction four persons condemned adjudged and put to death for felony by the due order of the Kings Lawes of this Realm for Anatomies without any further suit or labour to be made to the Kings Highness his Heirs or Successors for the same And to make incision of the same dead bodies or otherwise to order the same after their said discretions at their pleasures for their further and better knowledge instruction insight learning and experience in the said Science or Faculty of Chirurgery Saving unto all persons their heirs and successors all such right title interest and demand which they or any of them might lawfully claim to have in or to any of the lands and tenements with the appurtenances belonging unto the said Companie of Barbers and Chirurgeons or any of them at any time afore the making of this Act in as ample manner and form as they or any of them had or ought to have had heretofore Any thing in this present Act comprised to the contrary hereof in any wise notwithstanding And forasmuch as such persons being of the Mystery or Faculty of Chirurgery oftentimes meddle and take into their cure and houses such sick and diseased persons as been infected with the pestilence great Pocks and such other contagious infirmities do use or exercise Barbery as washing or shaving and other feats thereunto belonging which is very perillous for infecting the Kings liege people resorting to their shops and houses there being washed or shaven Wherefore it is now enacted or dained and provided by the authority aforesaid that no manner person within the City of London Suburbs of the same and one mile compass of the said City of London after the Feast of the Nativity of our Lord God next coming using any Barbery or shaving No Barber in London shall use Chirurgery or that hereafter shall use any Barbery or shaving within the said City of London Suburbs or one mile circuit of the same City of London he nor they nor none other for them to his or their use shall occupy any Chirurgery letting of bloud or any other thing belonging to Chirurgery drawing of teeth only except And furthermore in like manner whosoever that useth the mystery or craft of Chirurgery within the No Chirurgeon in London shall use the art of shaving circuit aforesaid as long as he shall fortune to use the said mystery or craft of Chirurgery 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 Chirurgery for the time being as well freemen as foreins 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 Saint Michael the Archangel next coming shall have an open sign on the street side where Every Chirurgeon in London shall have a Sign at his door they shall fortune to dwell that all the Kings liege people there passing by may know at all times whether to resort for their remedies in time of necessity And further be it enacted by the authority asoresaid None shall be a Barber in London but a Freeman of that Company That no manner of person after the said Feast of Saint Michael the Archangel next coming presume to keep any shop of Barbery or shaving
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.
and for their Successors for ever that they may choose four every year that shall have the overseeing and searching correcting and governing of all in the said City being Physicians using the faculty of Medicines in the said City and other Physicians abroad whatsoever using the faculty of Physicking by any means frequenting and using within the City or Suburbs thereof or within seven miles in compass of the said City and of punishing them for the said offences in not well executing making and using that And that the punishment of those Physicians using the said faculty so in the premises offending by Fines Amercements Imprisonments of their Bodies and by other reasonable and fitting waies shall be executed Note the preamble of these Letters Patents is Quod cum â—â—regii officii nostri munus arbitremur ditionis nostrae Hominum felicitati omniratione Consulere Id autem vel inprimis fore si improborum conaminibus tempestive occurramus apprime necessarium fore deximus improborum quoque hominum qui medicinam magis avaritiae suae causa quam ullius bonae conscientiae fiducia profitebuntur unde Rudi credulae plebi plurima incommoda oriuntur audaciam compescere And that the Plaintiff practised in London without admission of the Colledge and being Summoned to appear at the Colledge and examined if he would give satisfaction to the Colledge according to the said Letters Patents and Statute he answered that he had received his decree to be Doctor of Physick by the University of Cambridge and was allowed by the University to practise and confest that he had practised within the said City and as he conceived it was lawful for him to practise there that upon that the said President and Commonalty fined him to a hundred shillings and for not paying that and his other contempt committed him to prison to which the Plaintiff replied as aforesaid and upon this demurrer was joyned And Harris for the Defendant saith that this hath Serjeant Harris the younger been at another time adjudged in the Kings Bench where the said Colledge imposed a Fine of five pound upon a Doctor of Physick which practised in London without their admission and for the non payment of that brought an Action of Debt and adjudged that it lay well and that the Statute of 32. H. 8. extends as well to Graduats as to others for it is general and Graduats are not excepted in the Statute nor in the Letters Patents and all the mischiefs intended to be redressed by this are not expressed in that and the Statute shall not be intended to punish Impostors only but all other which practise without examination and admittance for two things are necessary to Physicians that is learning and experience and upon that there is the proverb Experto crede Roberto And the Statute intends that none shall practise here but those which are most learned and expert more then ordinary And for that the Statute provides that none shall practise here without allowance and examination by the Bishop of London and the Dean of Pauls and four learned Doctors But in other places the examination is referred only to the Bishop of the Diocess and the reason of the difference is for that that London is the heart of the Kingdome And here the King and his Court the Magistrates and Judges of the Law and other Magistrates are resident and with this agreed the government of other well governed Cities in Italy and other Nations as it appears by the preamble of the said Letters Patents and it appears by the Statute that this was not intended to extend to Impostors only for that the word Impostor is not mentioned in the Statute And the Statute provides that they shall be punished as well for doing and using as for ill using And also it is provided that the Statute of 1. Marie 1. Parliament chap. 9. That the Guardians Goalers or Keepers of the Wards Goals and Prisons within the City and Precinct of that shall receive unto his Prison all such person and persons so offending which are sent or committed to them and those safely shall keep without Bayl till the party so committed shall be discharged by the said President or other person by the said Colledge to that authorised by which it appears that the Goalers Keepers of Prisons have power to retain such which are committed That then the President shall have power to commit for things Implyed are as strong as things Expressed as it appears by the Com. Stradling and Morgans Case and also in the Earl of Leicesters Case where it is agreed that Joynture before Coverture cannot be waved and this is implyed within the Statute of 27. H. 8. And so the Statute of 2. Ed. 6. Provides that after seven years Tythes shall be paid by which it is Collected by Implication that during seven years Tythes shall not be paid and so he prayed Judgement for the Defendants Dodridge Serjeant of the King for the Plaintiff said that the Statute of â—4 H. 8. chap. 5. and the Letters Patents give power to four Censors to punish for ill executing doing and using the faculty of a Physician and the Plantiff was not charged for ill executing of it doing or using But it is averred where Revera the Plaintiff was nothing sufficient to exercise the said Art and being examined less apt to answer and thereupon they forbade him and being sent for and not appearing was amerced five pound and order that he should be Arrested and being Arrested upon his appearance being examined if he would submit himself to the said Colledge he answered and confessed that he had practised within the said City being a Doctor of Physick as aforesaid as well to him it was lawful and that he would practise here again for which he was committed to Prison So that he was amerced for his contempt in the using of the said Art and committed to Prison for his answer upon his examination And he conceived that there are two questions considerable First if the Colledge may restrain a Doctor of Physick of his practise in London Secondly admitting that they may then if these are the causes for which they may commit by their Letters Patents the first reason is drawn from the Letters Patents and the said Statutes in which he said that the intent of the King was the Walter end of his work And this intent shall be expounded for three reasons apparent in the words contained in the Grant First Intempestive conatibus occurrere Secondly Improborum Hominum qui medicinam magis avaritiae suae causa quam ullius bonae Conscientiae fiducia profitebantur audaciam Compescere Thirdly which would invite learned men to practise here and for that would quod collegium 〈◊〉 Doctorum graviorum virorum qui medicinament in urbe nostra Londino suburbibus infra septem millia passuum in urbe quaquaversus publice Exerceant institui volumus imperanus And further he said that