utendis quoties quando opus fuerit pro commodo utilitate eorundem ligeorum nostrorum It a quod punitio hujusmodi medicorum utentium dicta facultate medicinae sic in praemissis delinquentium per fines amerciamenta imprisonamenta corporum suorum per alias vias rationalibiles congruas exequatur Volumus etiam concedimus pro nobis haeredibus successoribus nostris quantum in nobis est quod nec praesidens nec aliquis de Collegio praedicto medicorum nec successores sui nec eorum aliquis exercens facultatem illam quoquo modo in futur infra civitatem Physicians shall not be summoned in Juries in London St. 32. H. 8. 40. nostram praedictam suburbia ejusdem seu alibi summoneantur aut ponantur neque eorum aliquis summoneatur aut ponatur in aliquibus assisis juratis inquestis inquisitionibus attinctis aliis recognitionibus infra dictam civitatem suburbia ejusdem imposterum coram Majore ac vicecom seu coronatoribus dictae civitatis nostrae pro tempore existen capiendum aut per aliquem officiarium seu ministrum suum vel officiarios sive ministros suos summonend licet iidem jurati inquisitiones seu recognitiones summon fuerint super brevi vel brevibus nostris vel haeredum nostrorum de recto sed quod dicti magistri sive gubernatores ac communitas facultatis antedictae successores sui eorum quilibet dictam facultatem exercentes versus nos haeredes successores nostros ac versus majorem vicecomites civitatis nostrae praedictae pro tempore existente quoscúnque officiarios ministros suos sint inde quieti penitus exonerati in perpetuum per praesentes Proviso quod literae nostrae seu aliquid in eis content non cedent in prejudicium civitatis nostrae Lâ—nd seu libert ejusdem Et hoc absque fine seu feâ—do pro praemissis seu sigillat praesentium nobis faciendâ— solvenda vel aliqualiter reddenda aliquo Statuto ordinatione vel actu in contrarium ante haec tempora facto edito ordinato seu proviso in aliquo non obstante In cujus rei testimonium has literas nostras fieri fecimus patentes Testâ— meipso apud Westmonasterium xxiii die Sept. An. reg nostri x. Per ipsum regem de data praedicta authoritate Parl. Tunstall ANd for so much that the making of the said Corporation is meritorious and very good for the Common-wealth of this your Realm it is therefore expedient and necessary to provide that no person of the said politique body and Comminalty aforesaid be suffered to exercise Character of Physicians and practise Physick but only those persons that be profound sad and discreet groundly learned and deeply studied in Physick In consideration whereof and for the further authorising of the same Letters Patents and also The Kings Letters Patents and every Article therein confirmed enlarging of further Articles for the said Common-wealth to be had and made Pleaseth it your Highness with the assent of your Lords Spiritual and Temporal and the Commons in this present Parliament assembled to enact ordain and stablish that the said Corporation of the said Comminalty and Fellowship of the faculty of Physick aforesaid and all and every Grant Article and other thing contained and specified in the said Letters Patents be approved granted ratified and confirmed in this presen Parliament and clearly authorised and admitted by the same good lawful and available to your said body Corporate and their Successors for ever in as ample and large manner as may be taken thought and construed by the same And that it please your Highness with the assent of your said Lords Spiritual and Temporal and the Commons in this your present Parliament assembled surther to enact ordain and establish That the six persons beforesaid in your said most gracious Letters Patents named as principals and first named of the said Comminalty and Fellowship chusing to them two moe of the said Comminalty from hence forward be called and cleaped Elects And that the same Elects yearly chuse one of them There shall be eight Elects of the Physicians of London to be President of the said Comminalty and as oft as any of the rooms and places of the same Elects shall fortune to be void by death or otherwise then the Supervivors of the same elects within thirty or forty dayes next after the death of them or any of them shall chuse name and admit one or moe as need shall require of the most cunning and expert men of and in the said faculty in London to supply the said room and number of eight persons So that he or they that shall be so chosen be first by the said Supervivors straightly examined after a form devised by the said Elects and also by the same Supervivors approved And where that in Dioceses of England out Physicians in other places must be examined by the President and three of the Elects 3. H. â— 11. of London it is not light to find alway men able sufficiently to examine after the Statute such as shall be admitted to exercise Physick in them that it may be enacted in this present Parliament That no person from henceforth be suffered to exercise or practise in Physick through England untill such time that he be examined at London by the said President and three of the said Elects and to have from the said President or Elects Letters testimonials of their approving and examination except he be a Graduat of Oxford or Cambridge which hath accomplished all things for his form without any grace St. 32. H. 40. 1. M. 9. Coke li. 8. fo 14. At the head of the Parl. Roll. PArliamentum inchoatum tentum in Civitate Londonniar quinto decimo die Aprilis Anno Prorogation of the Parl. Regni metuendissimi ac potentissimi Regis Henrici octavi fidei defensoris quarto decimo deinde prorogatum usque Westm ibidem tentum die veneris ultimo die Julii Anno ejusdem Regis quinto decimo At the foot of the same Roll. Die Mercurii vicesimo nono die mensis Julii Cmo xvimo die Parliamenti peste in dies magis magis in urbe Londino ac praesertim circa palatium Dni Regis de Bridewell invalescente Reverendissimus Dus Legatus Cancellarius exhibuit ostendit certis Dnis spiritualibbus temporalibbus quandam Commissionem Dni Adjournment of the Parâ— Regis magno sigillo suo sigillatam cujus tenor sequitur in hec verba Henricus octavus dei gra Angl. Franc. Rex sidei defensor Dns hibn reverendissimo in Xpâ— paâ—ri intimoque ac dilcissimo Consiliario suo Dno Thome miseratione divinâ— tituli sce Cecilie sacorste Romane Ecclie presbytero Cardinali Ebor Archiepâ— Angl. primati aplice sedis etiam de latere legato Cancellar suo saltâ— Sciatis qd propter infeccoem aâ—ris pestiferi
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
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
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
had made done provided and ordained by the said President and Colledge or Comminalty and their Successors or the greater part of them assembled together in their said Hall which said Register so to be named elected and made as aforesaid shall be and continue in the said office and place for and during the will and pleasure only of the said President and Colledge or Comminalty and their Successors or the greater part of them whereof the President to be one The said Register first taking his corporal Oath upon the holy Evangelists before the His Oath said President and four Censors for the time being or any three of them whereof the President to be one for the doing and performing of his true and faithful service to them in the said office and place from time to time And we do likewise will and for us our heirs and successors do by these presents grant unto the said President and Colledge or Comminalty and their Successors that they and their Successors or the greater part of them assembled in their said Hall shall and may from time to time when and as often as to them shall seem meet ordain Power to elect Officers make constitute and appoint such and so many other fit and meet officer or officers minister or ministers as to the said President and Colledge or Comminalty and theis Successors or the greater part of them shall be thought fit and necessary for their service and benefit unto all and every which said officers or ministers it shall be lawful to the said President and Colledge or Comminalty and their Successors or to the Censors or any three of them assembled together To give Oathes in their said Hall to administer and give oathes upon the said holy Evangelists for the due performance and execution of his and their office and place And the same Register and all and every other officer and minister by them to be elected made constituted or appointed as aforesaid from time to time upon reasonable and just cause to remove expell and put out of his and To expell their said offices and places and to elect and put others into his and their rooms and places when and as often as to the said President and Colledge or Comminalty and their Successors or the greater part of them shall seem meet and convenient And furher we do for us our heirs and successors give and grant unto the said President and Colledge or Comminalty and their successors That it shall and may be lawful to and for the said President and four Censors for the time being or any three of them whereof the President to be one to cause such persons which shall be convented for any the offences aforesaid and To take bonds of 100 l. to practise no more to his Majesties use shall be found offenders therin to become bound to us our heirs or successors and to our use in one or more several recognizances in such sum as they shall think fit not exceeding the sum of One hundred pounds with conditions for restraining them to offend any more in that behalf as to the President and four Censors or any three of them shall seem meet And if such person shall refuse to become so bound by such recognizance with such condition That then it shall and may be lawful to and for the said President and four Censors or any three of them wereof the President to be one to commit such Or to imprison such refusers person to prison and him to detain in prison until he shall become bound in such recognizance with such conditions as aforesaid And we do further of our especial favour certain knowledge and mere motion for us our heirs and successors give and grant unto the foresaid President and Colledge or Comminalty and their Successors special Licence free and lawfull liberty power and authority to acquire To purchase Lands purchase receive and take unto the said President and Colledge or Comminalty and their Successors Mannors Lands Tenements Tithes Rents Reversions and Hereditaments of or from any person or persons whatsoever not exceeding in the whole the clear yearly value of One hundred Marks of lawful English money above all charges and reprises So as the same Mannors Lands Tenements Tithes Rents Reversions and Hereditaments by vertue hereof to be acquired and purchased be not holden of us our heirs or successors immediately in chief or by Knights service or of any other person or persons by Knights service the Statute of alienation in Mortmayne or any other statute law ordinance or provision to the contrary thereof in any wise notwithstanding And we do further give and grant for us our heirs and successors unto the foresaid President and Colledge or Comminalty 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 foresaid Colledge or Comminalty shall from time to time be wholly and absolutely freed exempted and discharged of and from providing and bearing of any Armour or other munition within our Coll. freed from providing or bearing Arms. said City of London and the Liberties thereof or within seven miles compass as aforesaid Any Statute Act Ordinance Constitution or Usage to the contrary in any wise notwithstanding And we do further for us our heirs and successors A general Grant give and grant to the foresaid President and Colledge or Comminalty and their Successors and by these presents declare and manifest our pleasure for ever to be That the said President and Colledge or Comminalty and their Successors shall and may have take receive use exercise and enjoy all and singular the gifts grants liberties priviledges immunities freedomes benefits advantages profits commodities power ability and authority herein before mentioned or otherwise by any other former Letters Patents given granted or confirmed unto the President and Colledge or Comminalty or any of them without the lett hinderance interruption or disturbance of us our heirs or successors or of any the officers or Ministers of us our heirs or successors or of any other person or persons whatsoever And further of our like especial grace certain This Patent to be confirmed next Parliament knowledge and meer motion we will and for us our heirs and successors do promise and grant to and with the said President and Colledge or Comminalty and their Successors by these presents That at the next Parliament or Session of Parliament of us our heirs or successors to be holden within this our Realm of England We our heirs or successors will give and grant our Royal and free assent and consent to any Act Bill or Petition by the said President and Colledge or Comminalty or their successors or any of them in the same Parliament or Session of Parliament to be exhibited or preferred and by the Lords Spiritual and Temporal and the Comminalty of the said Parliament to be approved
year all Offendors in the Faculty of Physick within the City of London and the Suburbs thereof and seven miles compass of the said City according to the authority in that behalf to us duly given by certain Letters Patents under the Great Seal of England made and granted to the said Colledge and Comminalty by the late King of famous memory King Henry the 8th bearing date the 23. day of September in the tenth year of his reign and one Act of Parliament made in the 14. year of the reign of the said late King Henry the 8th concerning Physicians where by the Letters Patents aforesaid and every thing therein are granted and confirmed And by vertue of the said Act of Parliament and Letters Patents aforesaid and one other Act of Parliament made in the first year of the reign of our late Soveraign Lady Queen Mary intituled An Act touching the Corporation of Physicians in London Did cause to be brought before us the sixth day of this instant September at our Colledge-house in Pater noster-Row in London one Christopher Barton and we have examined the said Christopher Barton and upon his examination and other due proofs we have found that the said Christopher Barton hath unskilfully practised the Art of Physick within the City of London and Precinct aforesaid upon the bodies of Richard Ballady of Aldermary Parish London Michael Knight of S. Botolphs Parish Aldgate London and the Childe of one Jane Bigge and some others in the moneth of January in the year 1638. contrary to the Lawes in that behalf made and provided whereupon we have imposed upon the said Christopher Barton a Fine of 20 l. for his evil practise in Physick aforesaid And we have also for the same cause sent you the Body of the said Christopher Barton willing and requiring you in the Kings Majesties name to receive and keep him in safe custody as prisoner there to remain at his own costs and charges without bayâ— or mainprize untill he shall be discharged of his said imprisonment by the President of the said Colledge and by such persons as by the said Colledge shall be there unto authorised according to the Statute in that behalf made and this our Warrant shall be your discharge Given at the said Colledge the eleventh day of September in the fifteenth year of the Reign of our Sovereign Lord King Charles Otwell Meverell Edm. Smith Lawr. Wright William Goddard To the Keeper of Woodstreet Compter London or his Deputy To Mr. John Penyall one of the Messengers of his Majesties Chamber in Ordinary to execute this Warrant Et haec est causa accepcois detenconis prefati Christophori Barton in prisona predct sub custodia nra corpus Cujus quidem Christophori coram prefat Dno Rege apud Westm parat habemus Being at the Bar the said 19. of October for that the Lord chief Justice Sir John Bramston was not present the other Judges present would not accept of Bayl which the said Barton tendred but suspended the matter untill Tuesday the 22. of October following Barton for that time was returned back and coming to the Bar again on the said Tuesday with his Councel and Bayl the Lord Bramston being then present my Lord demanded the return of the warrant which was neglected by the Clerks of the Court and left in the Crown Office in the Temple so my Lord would not proceed but respited the cause untill Thursday the 24. of October following when all parties appearing with Councel on both sides the Warrant and Return was read and the Cause debated and there the Court plainly declared that he should not be bayled it being against the Law and the Letter of the Warrant grounded upon the Statutes Then it was desired by Bartons Councel that he might go over to the Kings-Bench which also was denied because he was committed originally to the Compter in Woodstreet as appeared by the Warrant and so Barton was remanded by the Court to the said Compter and willed if he would have Liberty to submit to the Barton remitted to prison Colledge and make his peace there Barton being in Custody of the Serjeant that carried him up to the Bar eâ—â—â—ibited his humble Petition to the President and Censors the 25. of October signed with his own hand for abatement of part of his Fine and for his enlargement submitting in all things unto them whereupon the President and Dr. Meverell one of the Censors were contented to abate the half of his Fine of 20 l. and to accept of 10 l. the one half to be paid in hand which was paid and the other half at our Lady day next And so upon the 29. of October signed his discharge and set him at liberty he being put again before his enlargement into the said prison Termino Trinitatis anno octavo Caroli Regis in Banco Regis Crokes Reports the First Part. Butler versus the President of the Colledge of Physicians Pasc 7. Car. rot 519. ERror of a Judgment upon a Demurrer in the Common-Bench The first Error assigned was because the Record was Ad respondendum Domino Regi Praesidenti Collegii c. Qui tam pro Domino Rege quam pro seipso sequitur quod reddat eis sexaginta libras unde idem Praesidens qui tam c. dicit c. Whereas the Action ought to have been brought by the President only qui tam c. and not by the King and President c. sed non allocatur For being an Original Writ the Writ is most often so and sometimes the other way And they conceived it good both waies But Informations are alwaies that the party qui tam for the King quam pro seipso sequitur c. Vide Plowd 77. new Book of Entries 160. old Book of Entries 143. 373. The second Error was that the Replication was a departure from the Count For the Count sets forth That King Henry the eighth anno decimo Regni sui incorporavit per le Statut of decimo quarto Henrici octavi confirmavit the Colledge of Physicians by the name of the President c. that no man should practise Physick in London or within seven miles without Licence under the Seal of the Colledge upon penalty of 5 l. for every moneth that he so practised the one moity unto the King and the other unto the President of the Colledge to the use of the said Colledge And for that the Desendant not being allowed c. had practised Physick for twelve months in London The said Action was brought c. The Defendant pleads the Statute of tricesimo quarto Henrici octavi cap. 8. That every one who hath Science and experience of the nature of Herbs Roots and Waters or of the operation of the same by speculation or practise may minister or apply in and to any outward Sore Uncome Wound Aposthumations outward Swelling or Disease any Herb Oyntments Baths Pultes or Implaisters according to their cunning experience
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
ubique per Civitatem nram London invalescentem de advisamento assensu consilii nri assignavimus vos ac vobis tenore presencium committimus potestatem auctoritatem spialem ad presens Parliamentum nrm usque Westm ad diem Veneris prox futur prorogand continuand ibidemque tenend dantes ulterius univsis singulis tam Archepis Epis Abbibbus Prioribbus Ducibbus Comitibbus vicecomitibbus Baronibbus Militibbus Civibbus Burgensibbus qm omnibus aliis quor interest ad dictum Parliamentum nrm praedict conventur tenore presenciuÌ„ sirmiter in mandatis qd vob in premissis faciend exequend pareant obediant intendant prout decet In cujus rei Testimon has Iras nras fieri fecimus Patentes Teste meipo apud Westm xxix die Julii Anno Regni nri Quinto decimo Qua quidem Commissione publice per Clicum Parliamenti lca dcus Reverendssimus Dns Legatus Cancellarius virtute ejusdem Commissionis prorogavit continuavit adjornavit presens Parliamentum usque Westm ad diem veneris tunc prox futur ibidemque tenend hora consueta Mandavit insuper dcus Reverendissimus Dns Legatus Cancellarius Attorn Solicitatori Dui Regis qd assumpta secum dca Commissione die sequenti accederent in domum Coem intimaturi eis de domo coi dcam prorogacoem continuacoem adjornacoem lcurique coram eis dcam Commissionem ad intencoem quod ipsi Coes diem prefixum apud Westm observent prout decet Die Jovis tertio decimo die mensis Augusti Cxxx. Confirmation of this Act c. die Parliamenti ad horam ferme sextam post meridiem Dno Rege in solâ—o matis sedente in Camera vulgariter dca Camera Parliamentor infra palaâ—ium suum Westm assidentibbus dnis tam spiritualibbus hatibbus sive robis Parliamentaribbus decoratus presente etiam de domo coi sive inferiori toto populo plebe Thomas Moore miles eor Prolocutor silentio prius indict gravit eloquent magno cum honoris humilitatis ac modest honestament regiam affatus est Matem â—and summis merit quidem extolleâ—s laudibbus dotes graves nature fortune eidem sue Mati a Deo maximo concessas copiosissime prosequebatur magnam in prudencia excellenciam promptam fortitudinis agilitatem mirum temperancie moderamen divinum justitie ardorem Innatam clemencie erga subditos benignitatem subditor erga eandem suam majestaâ—em amorem obedientiam ac debitam observantiam multa per exempla declarabat In cujus rei comprobaconem quoddam scripâ—um Indentatum concessionem cujusdam maximi Subsidii in se continen Regiae Mati optulit Argumentum certe evidentissimum suÌ„me devocois â—onor Regem subditor Cui tam excellenti â—racoi fineâ— tâ—m imposito dictus Reverendissimas Dns Legatus Cancellarius Dno Rege prius consult singula egregie recitando respondebat Quo fact idem Reverendissimus Dns Legatus Cancellarius Acta omnia in presenti Parliamento pro bono publico edita fca ex mandato Dni Regis recitari publicari jussit Quibus ex ordine per inicia recitatis lcis singulis per Clcum Parliamenti responcoe secdm annâ—tacoes Regiae voluntatis declarativas a dorso scriptas fca dictus Reverendissimus Dns legatus Cancellarius exhortando admonendo noie Regis omnes Dnos Coes supradictos ut diligent ordinata Statuta pro bono publico in hoc Parliamento observarent ab aliis observari procurarent post grat ex parte Dni Regis accoem dict Dnis Coibbus pro â—or diligenti laboriosa perseverancia circa expedicoem premissor Parliamentum predictum noie Regio duxit finiend dissolvend illud realit finivit perit dissolvit concedens omnibbus liberam ad propria recedendi facultatem Anno Regni sup dicti metuendissimi ac potentissimi Dni nri Regis Quinto decimo Anno xxxii Henrici octavi CAP. XL. Priviledges granted to Physicians in London IN most humble wise shewen unto your Majesty your true and faithful subjects and liege men the President of the corporation of the comminalty and fellowship of the science and faculty of Physick in your City of London and the Commons of the fellowes of the same that whereas divers of them many times having in cure as well some of the Lords of your most honourable Councel and divers times many of the Nobility of this Realm as many other your faithful and leige people cannot give their due attendance to them and other their patients with such diligence as their duty were and is to do by reason they be many times compelled as well within the City of London and Suburbs of the same as in other Towns and Villages to keep watch and ward and be chosen to the office of Constable and other offices within the said City and Suburbs of the same as in other places within this your Realm to their great fatigation and unquieting and to the peril of their Patients by reason they cannot be conveniently attended It may therefore please your most excellent Majesty with the assent of your Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by authority of the same to enact ordain and establish that the The Physicians in London shall be discharged to bear certain offices there President of the said Comminalty and fellowship for the time being and the commons and fellowes of the same and every fellow thereof that now be or that any time hereafter shall be their successors and the successors of every of them at all time and times after the making of this present Act shall be discharged to keep any watch and ward in your said City of London or the Suburbs of the same or any part thereof And that they or any of them shall be chosen Constable or any other officer in the said City or Suburbs And that if any time hereafter the said President for the time being or any of the said commons or fellows for the time being by any waies or means be appointed or elected to any watch or ward office of Constable or any other office within the said City or Suburbs the same appointment or election to be utterly void and of none effect any order custome or law to the contrary before this time used in the said City notwithstanding And that it may please your most royal Majesty by the authority aforesaid that it may be further enacted ordained and established for the Common-wealth and surety of your loving subjects of this your Realm in and for the administration of medicines to such your said subjects as shall have need of the same That from Four Physicians shall be chosen yearly to search Apothecary wares in London henceforth the said President for the time being commons and fellowes and their successors may yearly at such time as they shall think most meet and convenient for the same elect and choose four persons of the said commons and fellows of
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
our Realm of England by and through the unskilfulness fraud and deceit of Physicians Apothecaries Druggists and such like and are likely much more to abound unless timely and festine remedy be by us provided and applied for the curing of so publique a disease Know ye therefore that we graciously affecting so pious K. James's Grants and charitable a work and intending hereby a more full and perfect reformation of the said abuses grievances and enormities which these later times have abundantly brought forth in this our Realm out of our Princely disposition and care for the repressing thereof and of our special grace certain knowledge and meer motion at the humble Petition aswell of our trusty and well beloved Henry Atkins Doctor in physick now President of the said Colledge and one of our Physicians Theodorus de Maierne Doctor in Physick one other of our Physicians Thomas Mounford and Edward Lister Doctors in Physick Fellowes and Elects of the said Colledge as of other the Doctors of the said Colledge have given granted ratified approved allowed and confirmed and by these presents do for us our Heirs and Successors give grant ratifie approve allow and confirm unto the aforesaid President and Colledge or Comminalty and their A Confirmâ—tion of all former Patents and Acts of Parliament Successors the said Letters patents of our said noble predecessor King Henry the Eight herein before mentioned and every article clause gift and grant therein contained and not herein altered for the honour peace and quiet of the said Colledge and that the said President and Colledge or Comminalty and their Successors shall and may for ever hereafter have receive take retain keep use exercise and enjoy all and singular such rights titles liberties priviledges immunities freedoms executions ability power authority and other things as by the said Letters patents or by any Acts of Parliament are or were given granted or confirmed or were thereby mentioned or intended to be given granted or confirmed notwithstanding the not using misusing or abusing of the same and that the same Letters Patents and every article and clause therein contained shall be adjudged taken and construed most benignly and favourably to and for the best benefit avail and advantage of the foresaid President and Colledge or Comminalty or their Successors any Ordinance Custome or usage to the contrary in any wife notwithstanding And whereas our said noble Predecessor by the aforesaid Letters patents amongst other things therein contained hath given and granted unto the foresaid President and Colledge or Comminalty and their Successors and thereby expresly appointed and provided that no person whatsoever should exercise Against not adâ—â—â—â—ed the said Faculty of Physick within the aforesaid City of London or within seven miles in circuit thereof unles the said person should first be admitted to do the same by the foresaid President and Colledge or Comminalty or their Successors by Letters testimonial of the said President and Colledge or Comminalty sealed with their common Seal upon pain of forseiting sive pounds for every moneth wherein the said persons should exercise the said faculty being not admitted thereunto the one half thereof to be forâ—â—ited and given to our said Predecessor his heirs and successors and the other half thereof to be forfeited and given to the said President and Colledge or Comminalty and their Successors as by the said Letters patents may appear Now know ye That we in our Princely wisdome Power to sue for the Peâ—â—lues dâ—epâ—y considering how needâ—ul it is and will be that all and singular person and persons practising or exercising the said faculty of physick contrary to the intent and true meaning of the foresaid Letters patents shall be duly and condignly punished and for the better encouragement of the foresaid President and Colledge or Comminalty and their Successors to sue for the said penalty of five pounds specified and mentioned by the said Letters patents of our especial grace certain knowledge and meer motion Have given and granted and by these presents for us our heirs and successors do give and grant unto the said President and Colledge or Comminalty and their Successors full power and lawful authority in the name of us our heirs and successors or otherwise in their own name by the name of the President and Colledge of the Faculty of Physick within the city of London in any our Courts of record or in any other place or places within this our Realm according to our Lawes to sue for recover and have execution of and for all and singular such penalties forfeitures sum and sums of money as now are or hereafter from time to time shall accrew or grow due unto us our heirs or successors or to them by force or vertue of the foresaid Letters patents or any the said Statutes or any clause or thing in them or in these presents contained other then the Recognizance hereafter expressed or by reason or means of any offence or misdemeanor whatsoever committed perpetrated or done or hereafter to be committed perpetrated or done contrary to the intent and meaning thereof and after the same shall be duly recovered levied or received as aforesaid We will and by these presents Penalties to the Colledgâ— use only for us our heirs and successors do give and grant the same penalties forfeitures and sums of money and every part and parcel thereof to the said President and Colledge and Comminalty and their Successors to be retained had taken converted and enjoyed to their sole and proper use benefit and behoof without rendring making or yielding unto us our heirs or successors any part or parcel thereof or any rent accompt or recompence for the same other then the yearly rent hereafter by these presents reserved the said Letters patents or any the said Statutes before mentioned or any clause article or reservation in them or any of them contained to the contrary hereof in any wise notwithstanding And we do further by these presents of our especial grace certain knowledge and meer motion for us our heirs and successors give and grant unto the foresaid President and Colledge or Comminalty and their Successors that the four persons to be annually chosen by the said To the Censors power to survey â—ll Meâ—lieâ—nes President and Colledge or Comminalty for the time being and their Successors according to the intent and meaning of the foresaid Letters patents of our said Predecessor King Henry the Eight now commonly called the four Censors of the said Colledge or any three of them for the time being shall have full power and lawful authority at all time and times hereafter when and as often as to the said four Censors or any three of them shall seem requisite and convenient to examine survey goverâ— correct and punish all and singular Physicians and Practisers in the faculâ—y of Physick Apothecaries Druggists Distiâ—â—ers and Sellers of Waâ—eâ—s or Oyls Preparers of Chymical Medicines to be â—old or imployed
eidem praesidenti c. Quod nemo in dicta Civitate aut per septem milliaria in circuitu ejusdem exerceat dictam facultatem nisi ad hoc per dictum praesidentem communitatem seu successores eorum qui pro tempore fuerint admissus sit per ejusdem praesidentis Collegii literas sigillo suo communi sigillatas sub paena centum solidorum pro quolibet mense quo non admissus eandem facultatem exercuit dimidium inde nobis haeredibus nostris dimidium dicto praesidenti Collegio applicandum praeterea volumus concedimus pro nobis c. Quod per praesidentem Collegium communitatâ—â— pro tempore existent eorum successores in perpetuum quatuor singulis annis per ipsos eligantur qui habeant supervisum scrutinium correctionem gubernationem omnium singulorum dictae Civitatis medicorum utentium facultate medicinae in eadem Civitate ac aliorum medicorum forinsecorum quorumcunque facultatem illam medicinae aliquo modo frequentantium utensium infra eandem civitatem suburbia ejusdem vel septem milliaria in circuitu ejusdem Civitatis ac punitionem eorundem pro delectis suis in non bene exequendo faciendo utendo illa nec non supervisum scrutinium hujusmodi medicorum eorum receptionum per praedictos medicos sive aliquem eorum hujusmodi legeis nostris pro eorum Infirmitatibus curandis sanandis dandis imponendis utendis quoties quando opus fuerit procommodo utilitate eorundem legiorum nostrorum Ita quod punitio hujusmodi medicorum utentium dicta facultate medicinae sic in praemissis delinquentium per Fines Amerciamenta Imprisonamenta corporum suorum per alias vias rationabiles Congruas exequantur as it appears in Rastal Physicians 8018 392. So that there are two distinct Clauses The first if any exercise the said Faculty by the space of a Moneth without admission by the President c. shall forfeit a hundred shillings for every Moneth be that good or ill it is not material the time is here only material for if he exercise that for such a time he shall forfeit as aforesaid The second clause is that the President c. shall have Scrutinium Medicorum c. punitionem eorum pro delictis suis in non bene faciendo utendo exequendo c. And for that the President and the Colledge may commit any delinquent to Prison And this he concluded upon the words of the Statute and he agreed with Walmesley that the King hath had extraordinary care of the health of the Subjects Et Rex censetur habere omnes Artes inscrinio pectoris and he hath here pursued the Course of the best Physicians that is Removens promovens removens Improbos illos qui nulli bonae conscientiae fiducia profitebantur audaces promovens ad sanitatem And for that the Physician ought to be profound grave discreet grounded in learning and soundly studied and from him cometh the medicine which is removens promovens And it is an old rule that a man ought to take care that he do not commit his Soul to a young Divine his Body to a young Physician and his Goods or other Estate to a young Lawyer for in Juvene Theologo est Conscientiae detrimentum in Juvene Legislatore bursi detrimentum in Juvene Medico Coemeterii incrementum for in these cannot be the privity discretion and profound learning which is in the aged And he denied that the Colledge of Physicians is to be compared to the University for it is subordinate to that Cantabrigia est Academia nostra nobilissima totius Regni oculus sol ubi humanitas doctrina simul fluunt But he said when he names Cambridge he doth not exclude Oxford but placeth them in equal Rank But he would alwaies name Cambridge first for that was his Mother And he saith that there is not any time Pro non bene faciendo utendo exequendo for this non suscipit Majus Minus for so a man may grievously offend in one day and for that in such a case his punishment shall be by Fines Amercements Imprisonments of their Bodies and other waies c. But if practise well though it be not an offence against the Letters Patents and the Statutes yet the punishment shall be but pecuniary and shall not be Imprisoned for if he offend the Body of a man it is reason that his Body shall be punished for Eodem modo quo quis delinquit eodem punietur but if a grave and learned Doctor or other come and practise well in London by the space of three weeks and then departs he is not punishable by the said Colledge though that be without admission for peradventure such a one is better acquainted with the nature and disposition of my Body and for that more fit to cure any Malady in that then another which is admitted by the Colledge and he said that it was absurd to punish such a one for he may practise in such manner in despite of the Colledge for all the Lords and Nobles of the Realm which have their private Physicians which have acquaintance with their Bodies repair to this City and to exclude those of using their advice were a hard and absurd exposition for the old verse is Corporis auxilium medico committe sodali And also he said that the said President and Colledge cannot commit any Physician which exerciseth the said faculty without admission for the space of a Moneth nor bring their Action before themselves nor levy that by any other way or means but ought to have their Action or exhibit an Information upon the Statute as it appears by the Book of Entries for they ought to pursue their power which is given to them by the Statute for otherwise the penalty being given the one Moity to them and the other to the King they shall be Judges in Propria causa and shall be Summoners Sheriffs Judges and Parties also which is absurd for if the King grant to one by his Letters Patents under the Great Seal that he may hold Plea although he be party and if the King doth not appoint another Judge then the Grantee which is party the Grant is void though that it be confirmed by Parliament as it appears by 8. H. 6. 44. Ed. 3. The Abbot of Readings Case for it is said by Herle in 8. Ed. 3. 30. Tregores Case that if any Statutes are made against Law and Right and so are these which makes any man Judge in his own cause and so in 27. H. 6. Fitz. Annuity 41. that the Statute of Carlile will that the order of Cistertians and Augustines which have Covent and Common Seal that the Common Seal shall be in keeping of the Prior which is under the Abbot and four others which are the most Sages of the house and that any Deed
sealed with the Common Seal which is not so in keeping shall be void and the opinion of the Court that this is a void Statute for it is imperttinent to be observed being the Seal in their keeping the Abbot cannot Seal any thing with it and when that it is in the hands of the Abbot it is out of their keeping ipsofacto And if the Statute shall be observed every common Seal shall be defeated by one simple surmise which cannot be tried and for that the Statute was adjudged void and repugnant And so the Statute of Glocester which gives Cessavit after Cesser by two years to be brought by the Lessor himself was a good and equitable Statute But the Statute of Westminster 2. chap. 3. which gives Cessavit to the Heir for Cesser in time of his Ancester and that that was judged an unreasonable Statute in 33. Ed. 3. for that that the Heir cannot have the arrearages due in the time of his Father according to the Statute of Glocester and for that it shall be void And also the Physicians of the Colledge could not punish any by Fine and also by Imprisonment for no man ought to be twice punished for one offence and the Statute of 1. Mariae doth not give any power to them to commit for any offence which was no offence within the first Statutes for that he ought not to be committed by the said Statute of 1. Mariae But admitting that they may commit yet they have mistaken it for they demand the whole hundred shillings and one half of that belongs to the King And also they ought to commit him forthwith as well as Auditors which have Authority by Parliament to commit him which is found in arrearages But if he do not commit him forthwith they cannot commit him afterward as it appears by 27. H. 6. 9. So two Justices of the Peace may view a force and make a Record of that and commit the offenders to Prison but this ought to be in Flagranti Oriente and if he do not commit those immediately upon the view he cannot commit them afterwards and the Physicians have no Court but if they have yet they ought to make a Record of their commitment for so was every Court of Justice But they have not made any Record of that And Auditors and Justices of Peace ought to make Records as it appears by the Book of Entries So that admitting that they may commit yet they ought to do it forthwith but in this case they cannot commit till the party shall be delivered by them for this is against Law and Justice and no Subject may do it but till he be delivered by due course of Law for the commitment is not absolute but the cause of that is traversable and for that ought to justifie for special cause for if the Bishop returns that he refuses a Clerk for that he is Schismaticus Inveteratus this is not good but they ought to return the particular matter So that the Court may adjudge of that Though it be a matter of Divinity and out of their Science yet they by conference may be informed of it and so of Physick And they cannot make any new Lawes but such only which are for the better government of the old and also he said plainly that it appears by the Statute of 1. Mariae That the former Statutes shall not be taken by equity for by these the President and Commons have power to commit a Delinquent to Prison and this shall be intended if they shall be taken by equity that every Goaler ought to receive him which is so committed But when it is provided by 1. Mariae specially that every Goaler shall receive such offenders That by this appears that the former Statute shall not be taken by equity And so he concluded that Judgement shall be entred for the Plaintiff which was done accordingly Coke in the conclusion of his argument observed these 7. things for the better direction of the President and Comminalty of the said Colledge for the time to come 1. That none may be punished for practise of Physick in London but by the forfeiture of 5 l. a Month which is to be recovered by Law 2. If any one practise Physick there less then a Moneth that he shall forfeit nothing 3. If any person prohibited by the Statute offend in non bene exequendo c. they may punish him according to the Statute within the Month. 4. Those whom they may commit to prison by the Statute ought to be committed presently 5. The fines which they impose according to the Statute belong to the King 6. They may not impose a fine or imprisonment without Record thereof 7. The cause for which they impose fine or imprisonment must be certain The Proceedings of the Colledge against Christopher Barton Weaver UPon the complaint of divers persons against the said Barton for practising of Physick the said Barton was sent for by a Messenger of his Majesties Chamber who appearing before the President and Censors the 6. of Septemb. 1639. and many things being laid to his charge yet for some reasons he was bound with sureties to appear again before them the 4. of October following And he then also appearing was for the Causes in the Censors Warrant expressed committed Bartons Commitment to the Prison of Woodstreet-Compter London where he remained till the 19. of October following never having by all that time petitioned the Colledge for his liberty and then by vertue of a Writ of hab Corpus which he had sued forth of the Kings-Bench he was carried with his Cause to the Kings-Bench Bar at Westminster The Copy of which Warrant and the return thereof here immediately ensueth Nos Johannes Warner Thomas Adams vic Civit London ss â— Sheriffs Râ—â—â—turn London Serenissimo Dno Regi in brevi huis schedul annex noiat ad diem locum in eodem bri content certificamus quod ante adventum nob predct bris scilt duodecimo die Sept. Anno Regni dci Dni Regis nunc Angl. c. decimo quinto Christophorus Barton in dco bri noiat comissus fuit prisone Dni Regis scilt Computator situat in Woodstreet London predct in eadem prisona sub Custodia Isaaci Pennington Johannis Wollaston tunc vic Civit. predct in eorum exit ab officio suo sub custodia nr detent virtute cujusdam Warranti Otwelli Meverell Laurentii Wright Edmundi Smith Willmi Goddard in Medicinis Dctor et Censor Collegii Medicor in London sub sigillo Coi Collegii Medicor London pred Custod predct computorii London predct vel ejus deputat direct cujus quidem Warranti tenor sequitur in haec verba ss We Otwell Meverell Lawrence Wright Edmund Colledge Warrant Smith and William Goddard Doctors in Physick and Censors of the Colledge of Physicians in London being chosen by the President and Colledge of Physicians aforesaid to govern and punish for this present
never any admitted and without which the admission cannot be approved because every Graduate is not absolutely good ipso facto Resp 4 It was resolved by all that all that practised or should practise Physick either in London or within the compass of seven miles of the same must submit themselves to the Examination of the President and Colledge if they be required thereunto by their authority notwithstanding any Licence allowance or priviledge given them in Oxford or Cambridge either by their degree or otherwise Concerning punishment and correction against Offenders Quest 1 WHether the Censors alone may not commit to prison without Bayl or Mainprise all Offenders in the practise of Physick according to the Statute of primo Mariae and how long Whether till he have paid such Fine as shall be assessed upon him or have submitted himself to their order and in what manner Resp 1 They all resolved that for not well doing using or practising the Faculty or Art of Physick or for disobedience or contempts done and committed against any Ordinance made by the Colledge by vertue and according to the power and authority to them granted they may commit the offenders without Bayl or Mainprise as the words of the Statute are which they all resolved could not be altered or interpreted otherwise then the express words of the Statute are Quest 2 Whether they may not commit to prison for disobedience and contempt of the private Statutes and Ordinances of the Colledge made for the better government thereof and for not payment of such reasonable Fines as shall be imposed by the President and Censors for maintenance of the said Colledge among the Members of the same Colledge Resp 2 They all resolved that the President and Colledge might commit to prison for offences or disobedience done or committed against any lawfull Ordinance made by the said Colledge and might impose reasonable Fines for the breach thereof and detain the parties committed till these Fines were satisfied Quest 3 Whether they may not justly take upon every admission a reasonable sum of mony for the better maintenance and defraying of necessary expences as in other Corporations Resp 3 They all held that they might take such reasonable sums Quest 4 Whether those only are to be committed that are offenders in non bene exequendo faciendo utendo facultate Medicinae as in the Letters patents and such as are sufficient and not admitted are to be sued for 5 l. a month and not be committed Resp 4 They all held that by the Charter and Acts of Parliament they might commit offenders and practisers that offend in Non bene exequendo faciendo utendo facultate but for the committing to prison of such as practise not being admitted by the Colledge they held it doubtful for that the Charter and Statute do in that case inflict a punishment of 5 l. a moneth against such practiser without admittance by the Colledge But they all resolved that if the President and Colledge made an Ordinance to prohibit the practising of all without admittance under the common Seal of the said Colledge That for breach and contempt of this Ordinance the President and Colledge might both impose a reasonable Fine upon the offender and commit him without Bayl or Mainprize Quest 5 Whether refusal to come to be examined upon warning given be not a sufficient cause of Commitment Resp 5 They all resolved that if the Colledge do make an Ordinance That if any practiser of Physick in London or within seven miles of the same shall obstinately or wilfully refuse to be examined by the Censors of the Colledge in non bene exequendo faciendo utendo the Art of Physick or his medicines or receipts That the said President and Censors may commit him to prison there to remain without Bayl or Mainprize untill he be delivered by the President and Censors and to forfeit and pay to the said Colledge some reasonable sum of money that the same Ordinance will be good and lawful And if any after shall offend contrary to the same Ordinance the President and Censors may lawfully commit such offender to prison there to remain without bayl or mainprize untill he shall be delivered by the said President and Censors It pleased the Lord Chancellor to move these Questions To the Judges as material for the execution of the Statutes Quest Whether the party committed for unskilfull or temerarious practise may have an Action of false imprisonment against them and thereby draw in question or issue the goodness or badness of the Physick Resp All resolved that the party so committed was concluded by the sentence and Judgement of the four Censors of the Colledge of Physicians Quest Whether if any not admitted to practise physick sick within London or seven miles of the same but once twice or thrice in one month be an offender against the Charter and Statutes of the Colledge Resp All resolved he was if he be a professed Physician AT a Trial had at Guild hall before Justice Nicholas Nov. 27. 1656. upon an Information it was found for Barker upon these words in the Information mislaid by Letters of the said President and Comminalty Sealed whereas the words of the Charter are Sealed by the Seal of the President and Colledge Barkers Councel at the Bar pressed it upon the witnesses whether they gave Barker money for advice only or for Physick only or both They said that he only sold his Medicines as Apothecaries and any Free-man of London might do Our Witnesses swore that Barber took their money for both Serjeant Maynard then urged that the King never gave his assent to this Charter as appeareth said he by the Rolls of that Session of Parliament a Copy whereof he brought into the Court. And the reason then assigned was because the usual words le Ray le veult were not subscribed to this Act. But Mr. Finch desired that point might be put upon demur in Law after trial Serjeant Maynard then waved the point After this trial search was made for the Act upon the Physicians Charter at the Tower of London but found that there were no Acts kept there made since the reign of H. 7. Then search was made at the Clerk of the Parliaments Office at Westminster but not one Act of that Sessions of Parliament nor any other from the 7. to the 22. of Hen. 8. found there for most of the Acts kept there concern only particular actions or persons But at the Rolls this Charter was found and that none of that part of the Act which is in English in the Book of Statutes was there set down in writing but the bare words of the Charter only at the end whereof these words but plainly in another hand huc usque were written and after all this a good large space in the parchment wholly blank left as it seems to inscribe the rest of the Act. After this Charter these words subscribed per ipsum regem c.
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
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.