LIbrum hunc cui Titulus The Royal College of Physicians of London founded and established by Law c. dignum censemus qui typis mandetur D. Whistler Praeses Tho. Witherley Johan Atfield Edvardus Browne Tho. Alvey Censores THE Royal College OF PHYSICIANS OF LONDON Founded and Established by Law As appears By Letters Patents Acts of Parliament adjudged Cases c. AND An Historical Account of the College's proceedings against Empiricks and unlicensed Practisers in every Princes Reign from their first Incorporation to the Murther of the Royal Martyr King Charles the First By CHARLES GOODALL Dr. in Physick and Fellow of the said College of Physicians LONDON Printed by M. Flesher for Walter Kettilby at the Bishop's Head in St. Paul's Church-Yard 1684. To the Right Honourable FRANCIS LORD GVILFORD Lord Keeper of the Great Seal of England and one of his Majestie 's Most honourable Privy Council My Lord 'T Is now no less than seven years since I adventured the prefixing of your Lordship's name to a Book written in defence of the College of Physicians against a bold and impudent Libell published with design to expose that Learned Society to contempt Since which time I have not onely had the honour of being made one of their Members but have been entrusted with the search of their Records and received encouragement to publish a Collection of their Royal Patents Acts of Parliament Trials with and proceedings against Empiricks that so the Adversaries of this Society might be convinced of the reason and Justice of their actings against those illiterate and vile Impostors whose practice by Act of Parliament is declared to be To the high displeasure of God great infamy to the faculty and destruction of many of the King's Liege people Your Lordship knows very well the grounds which first moved that noble and renowned King Henry 8. in the tenth year of his Reign to constitute this Royal foundation whose Princely wisedom herein was highly approved by Act of Parliament in the 14 15. years of his Reign in which the King's Letters Patents and all and every Graunt Article and other thing contained and specified therein were approved graunted ratified and confirmed About seventeen years after a second Act of Parliament was granted to this Society by the same King of glorious memory for enlarging of their Privileges with the addition of many new ones In the first of Q. Mary being but 29 or 30 years from the 14 15 H. 8. a third Act of Parliament was made in confirmation of the forementioned Statute and many more privileges of great moment were added to the former Queen Elizabeth and King James of ever glorious memory and his Sacred Majesty now Reigning whom God long preserve from all traiterous Associations and Conspiracies of bloud-thirsty and malicious men have by their several Royal Patents granted them farther Liberties Powers and Privileges by reason of the great increase of unskilfull illiterate and unlicensed practisers of Physick in London and within 7 Miles thereof who now my Lord are arrived to that height of impudence not onely in their publick writings but even in the King's Courts of Judicature that they dare adventure to question the Authority of an Act of Parliament though owned as such by those Royal Testimonies already named by the Chief Justices and Judges of the King's Bench and Common Pleas such as Popham Coke Fleming Foster Walmesly Warburton Daniel Williams Tanfield Crook Littleton c. in their several Books of Reports and in their resolutions of several questions relating to the College of Physicians wherein they gave their opinions by an order from K. James directed to the Right honourable Thomas Lord Ellesmere Lord Chancellour of England which opinions are inserted in this book c. by its being printed in several Statute books and Abridgments of the same which were published even in that King's Reign in which they were enacted by Robert Redman Thomas Berthelet Wyllyam Mydylton Thomas Petyt and Thomas Powel Printers to his Most Excellent Majesty and since in all the Statute books and Abridgments that have been Printed to this time Nay more than this In the Rolls Chapel and in the Journal books formerly collected by that famous Antiquary Sir Robert Cotton and preserved by Sir John in his Father's Library and in the Journal books of the Right honourable the Earl of Clarendon which I had the honour to look over I find 36 Acts of Parliament passed in that Session of 14 15 Hen. 8. At the end of the twenty fourth this is inserted Item diverse communes petitiones rem publicam concernentes exhibite erant dicto Domino Regi in Parliamento predicto cum suis responsionibus quarum tenores sequuntur sunt tales Amongst which upon the same Roll the 33th is an Act concerning Physicians and after the 36th is entred the King's Commission to Cardinal Wolsey Printed p. 12. of this book which finisheth that Roll of Parliament In which it is thus expressed Reverendissimus Dominus Legatus Cancellarius Acta omnia in presenti Parliamento pro bono publico edita facta ex mandato Domini Regis recitari publicari jussit Quibus ex ordine per inicia recitatis lectis singulis per Clericum Parliamenti responsione secundum annotationes Regie voluntatis declarativas à dorso scriptas facta c. Add to this that excellent and learned account given by the Lord Chief Justice Hales why the Royal Signature might not be entred by the Clerk of Parliament in his transcript of the Original Rolls under this Act of Parliament and nine others passed in that Session in a late Judgment given against Huybert As likewise the testimony of the Lord Herbert of Cherbury in his excellent book of the Life and Reign of King Henry 8. drawn out of his Majestie 's Records In which he acquaints us with the more famous Statutes enacted in the Parliament of 14 15 Henry 8. amongst which we find this relating to the College of Physicians Now my Lord from these Authorities and many others of the like kind We should be in some hopes that these men being formerly driven from their old plea of 34 35 of Hen. 8. c. 8. An Act made against Surgeons for their unconscionable dealing with their Patients and for giving liberty to all such who practise for Piety and Charity without taking money or gain as appears by a Judgment given against Butler p. 258 and from this their late Plea of Nul tiel Record that our profession might flourish and that as King James hath expressed it in his Royal Patent by rejecting such illiterate and unskilfull Practisers those that were Learned Grave and Profound Practisers in that Faculty should receive more bountifull reward and also the industrious Students of that profession would be the better encouraged in their Studies and endeavours But that we have to deal with a sort of men not of Academical but Mechanick education who being
ad quos presentes litere pervenerint Salutem Inspeximus irrotulament ' cujusdam Actus Parliamen ' Domine Marie nuper Regine Anglie tent ' per prorogationem apud Westm ' vicesimo quarto die Octobris Anno Regni sui primo ibidem continuat ' usque in sextum diem Decembris Anno predict ' quo die dissolutum erat in Cur ' Cancellar ' nostre irrotulat ' ac ibidem de Recordo remanen ' in hec verba Exhibita est Regie Majestati in Parliamento predicto Billa quedam formam Actus in se continens Where in the Parliament holden at London the fiftéenth day of April in the fourtéenth yeare of the Reigne of our late Soveraigne Lord King Henry th' eighte and from thence adjourned to Westminster the last day of July in the fiftéenth yere of the Reigne of the same King and ther holden It was enacted that a certayne graunte by Letters Patentes of Incorporation made and graunted by our said late King to the Phisitions of London and all Clauses and Articles conteined in the same Graunte should be approved graunted ratified and Confirmed by the same Parliament For the consideration thereof Be it enacted by authoritie of this present Parliament that the said Statute or Act of Parliament with every Article and Clause therein conteyned shall from henceforth stand and continue still in full strengthe force and effect Any Acte Statute Lawe Custome or any other thing made had or used to the contrarye in any wise notwithstanding And for the better reformation of divers Enormities happening to the Common Welth by the evil using and undue administration of Phisicke and for the enlarging of further Articles for the better execution of the things conteyned in the said Graunt enacted Be it therefore now enacted That whensoever the President of the Colledge or Commonaltie of the facultie of Phisicke of London for the time being or such as the said President and Colledge shall yerely according to the tenour and meaning of the said Acte authorise to search examine correct and punishe all Offendours and Transgressours in the said facultie within the same Cittie and precincte in the said Acte expressed shall send or commit any such Offendour or Offendours for his or theire Offences or disobedience contrary to any Article or Clause conteyned in the said Graunte or Acte to any Ward Gayle or Pryson within the same Cittie and Precincte The Towre of London except That then from time to time the Warden Gailour or Keeper Wardenns Geylours or Kéepers of the Wards Gayles or Prisons within the Cittie and Precincte aforesaid Except before excepted shall receive into his or theire Prisons All and every suche Persone and Persons soe offending as shall be soe sent or committed to him or them as is aforesaid and ther shall safely kéepe the Person or Persons soe committed in any of theire Prisons att the proper Costs and Charges of the said person or persons so committed without Baile or Maineprise untill such time as such offender or offenders or disobedientes be discharged of the said Imprisonment by the said President and such Persons as by the said Colledge shall be thereunto authorised upon payne that all and every such Wardeyn Gaylor or Kéeper doeing the contrary shall lose and forfeite the double of such fine and amerciament as such Offender and Offenders or disobedientes shall be assessed to pay by suche as the said President and Colledge shall authorise as aforesaid So that the same fine and amerciament be not att any one tyme above the summe of Twenty pounds The moytie thereof to be employed to th' use of our Soveraygne Ladye the Quéene her Heires and Successoures Th' other moitie unto the said President and Colledge All whiche forfeitures to be recovered by action of Debt Bill Plainte or Information in any of the Quéenes her Heires and Successoures Courtes of Recordes against any such Wardeyn Gaylour or Kéeper soe offending In whiche suite no Essoigne Wager of Law nor protection shall be allowed ne admitted for the defendant And further be it enacted by th' authoritie aforesaid for the better execution of the searche and view of Poticarye Wares Drugges and Compositions according to the tenour of a Statute made in the Two and thirtieth yeare of the Reigne of the said late King Henry th' eight That it shall be lawfull for the Wardeins of the Grocers or one of them to goo withe the sayd Physitions in their view and searche That if the said Wardein or Wardeins doo refuse or delaye his or their coming thereunto furthwithe and immediatelye when the said President or foure of his Colledge electe as aforesaid do call upon him or them That then the said Physitions maye and shall execute that searche and viewe and the due Punishment of the Poticaries for any their evil and fawty stuffe according to the Statute last before mentioned without th' assistance of any of the said Wardeines Any Clause in th' aforenamed Statute to the contrary hereof notwithstanding And every suche Person or Persons as will or shall resist suche searche shall forfeite for every such resistance Tenne Poundes the same Penaltie to be recovered in fourme aforesaid without any of the delayes aforesaid to be had in suite thereof And further be it enacted That all Iustices Maiors Shrieffes Bailiefes Constables and other Ministers and Officers within the Cittie and precinct abovewritten upon request to them made shall helpe aide and assist the President of the said Colledge and all persons by them from time to time authorised for the due execution of the said Acts or Statutes upon paine for not giving of such aide helpe and assistance to ronne in contempte of the Quéenes Majestie her Heires and Successoures Cui quidem Bille perlecte ad plenum intellecte per dictam dominam Reginam ex authoritate Parliamenti predicti sic responsum est La Reigne le veult Nos autem tenorem premissorum ad requisitionem Georgii Ent Militis Presiden ' Collegii Medicorum London ' per presentes duximus Exemplificand ' In cujus rei Testimonium has literas nostras fieri fecimus Patentes Teste meipso apud Westmonaster ' decimo tertio die Julii Anno Regni nostri Vicesimo sexto Grimston Ha. Examinat ' per nos Lacon W m Childe Miles Cooke in Cancellaria Magistrorum duos Q. Elizabeth 's Charter for Anatomies ELIZABETH dei gratia Anglie Francie Hibernie Regina fidei defensor c. Omnibus ad quos presentes Litere pervenerint Salutem Cum Preclarissime memorie Pater noster Henricus octavus nuper Rex Anglie inter nonnullas alias in commodum utilitatem regni sui Anglie preclare admodum sancitas stabilitas Ordinationes saluti subditorum suorum summopere invigilans per Litteras suas Patentes Collegium perpetuum quorundam gravium virorum medicorum qui medicinam in Urbe sua Londino Suburbiis ejusdem intraque septem miliaria ab ea
AND further of our like especiall grace certaine knowledge and meere motion Wee will and for us our heires and successors doe promise and graunt to and with the said President and Colledge or Comminaltie and their Successors by these presents That at the next Parliament or Session of Parliament of us our heires or successors to be holden within this our Realme of England Wee our heires or successors will give and graunt our roiall and free assent and consente to any Act Bill or Petition by the said President and Colledge or Comminaltie or their Successors or any of them in the same Parliament or Session of Parliament to be exhibited or preferred and by the Lords Spirituall and Temporall and the Comminaltie of the said Parliament to be approved and assented unto for the better enabling authorizing and investing of the said President or Colledge and Comminaltie and their Successors to and with the severall graunts powers priviledges authorities exemptions immunities and other matters and things in these presents to them given graunted and confirmed or intended to be to them given graunted or confirmed according to our gratious intent and meaning heerein before specified and expressed AND further Wee will and by these presents for us our heires and successors doe graunt unto the said President and Colledge or Comminaltie and their Successors That these our Letters Patents and all and singular the guifts graunts authorities powers priviledges and immunities and other things therein conteyned shal be good firme avayleable and effectuall in the Lawe to the intents and purposes aforesaid and shall be in all and every our Courts of Record and elsewhere had taken construed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President and Colledge or Comminaltie and their Successors Any Statute Act Ordinance Custome Vsage Guift Graunt or any other matter or thing heretofore had made used ordayned or provided to the contrary in any wise notwithstanding NEVERTHELESS Wee will and our intent and meaning is That the said President and Colledge or Comminaltie and their Successors shall answere and paie to us our heires and successors for and in respect of the fines amerciaments penaltyes forfeytures and summes of money herein before mentioned and by these Presents to them graunted as aforesaid the yearely rent of sixe pounds of lawfull money of England at the receipt of our Exchequer at Westminster at the feasts of the Annunciation of the blessed Virgin Marie and St. Michaell the Archangell by even and equall portions Any thing herein conteyned to the contrary notwithstanding Although expresse mention of the true yearely value or certainty of the premises or any of them or of any other guifts or graunts by us or any of our Progenitors or Predecessors to the foresaid President and Colledge or Comminaltie heretofore made in these presents is not made Or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordayned or provided Or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding IN WITNESS whereof Wee have caused these our Letters to be made Patents WITNESS our selfe at Westminster the eighth daie of October in the fifteenth yeare of our raigne of England France and Ireland and of Scotland the one and fiftieth Per breve de privato Sigillo Young Irr. in Memorand ' Scaccarii de anno octavo Regis nostri Caroli viz. inter Record ' de Termino Sancti Michaelis Ro. ex parte Rememorat ' dicti Domini Regis A Royall Charter granted to the Colledge of Physicians in London 26 Martii 15 Car. 2. CHARLES THE SECOND by the grace of God King of England Scotland Fraunce and Ireland defender of the faith c. To all to whom theise presents shall come greeting WHEREAS our most noble and renowned Predecessor King Henry the eighth late King of this our Realme of England in his princely wisdom deepely considering and by the example of forreigne well governed States and Kingdomes truly understanding how profitable beneficiall and acceptable it would be unto the whole Bodie of this Kingdome of England to restrayne and suppresse all such persons as would take upon themselves to be practisers in the facultie of Physicke being illiterate and altogether unskilfull in that facultie rather propounding unto themselves theire private gaine with the detriment of his Majesties subjects than to give relief in time of necessity And likewise duely considering that by the rejecting of those illiterate and unskilfull practizers those that were learned grave and profound practisers in that facultie And alsoe the industrious Students of that profession would bee the better incouraged and inabled in theire studies and endeavours For which and many other weightie motives causes and considerations our said Royall and Princely Predecessor King Henry the eighth by his Letters Patents bearing date at Westminster the three and twentieth day of September in the tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establishe a Colledge Comonaltie or Incorporation of Physitians in the Cittie and Suburbs of London and for seaven miles every way in distanee from the same to bee remayne and have existence for ever And by the same Letters Patents our aforesaid noble Predecessor did further give and graunt unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said facultie of Physick in the aforesaid Cittie of London that they and all of the said facultie of Physick of and in the aforesaid Cittie of London should for ever from thenceforth bee in name and deed One body Comonaltie and Colledge AND further by the same Letters Patents did give and graunt unto the said Colledge and Comonaltie full power abilitie and authoritie for ever annually to elect and make one of the said Colledge or Comonaltie to bee President of the said Colledge Corporation and Comonaltie And that the same President soe elected and made and the said Colledge and Comonaltie should have perpetuall succession and a Common Seale for the behoofe and benefitt of the said President Colledge and Comonaltie and their Successors for ever And alsoe by the said Letters Patents did further give and graunt unto the said President Colledge and Comonaltie and their Successors divers and sundry other liberties priviledges immunities power abilitie and authoritie not onely to and for the benefitt advantage and comodity of the aforesaid President Colledge and Comonaltie and theire Successors but alsoe for the more certaine and easier discovery speedy restraint and certaine repressing of the before mentioned unskilfull and illiterate practizers in the facultie of Physick aforesaid as by the same Letters Patents remayneing of Record amongst other things therein conteyned more plainely and fully it doth and may appeare WHICH said Letters Patents and all and every
Parliament was dissolved or prorogued In H. 6 's time the former method was altered and then Bills continentes formam Actus Parliamenti were first used to be brought into the House The Bills were before they were brought into the House ready drawn in the Form of an Act of Parliament and not in the Form of a Petition as before Vpon which Bills 't was written by the Commons Soit baile al Seigneurs and by the Lords Soit baile al Roy and by the King Le Roy le voet All this was written upon the Bill and the Bill thus endorsed was to remain with the Clerk of the Parliament and he was to enter the Bill thus drawn at first in the Form of an Act of Parliament or Statute upon the Statute Rolls without entring of the Answer of the King Lords and Commons upon the Statute Roll. And then issued out Writs to the Sheriffs with transcripts of the Statute Rolls viz. of the Bill drawn at first in the Form of a Statute and without the answer of the King Lords and Commons to the Bill to proclaim the Statutes Now this Record which is before us in Court upon the Mittimus is not a transcript of the Bill upon which the answer of the King Lords and Commons was written but it is a transcript of the Entry which was made upon the Statute Roll upon which Roll it is not necessary that the Royal Assent must be entred And though oftentimes the Royal Assent hath béen entred by the Clerk upon the Statute Rolls yet 't is not necessary that it should be there to make a good Statute it having béen before upon the Bill There be many Statutes which have not the Royal Assent to them entred upon the Statute Rolls This objection would destroy half the Acts of Parliament that be If in the body of the Statute it self the consent of the King Lords and Commons doth not appear 't is a void Statute 't is felo de se As in the case of 4 H. 7. fol. 18. which case is cited in Hobarts reports fol. 111. in the case there betwéen the King and the Lord Hunsdon and the Countess Dowager of Arundel and the Lord William Howard upon an Act of Attainder of a particular person the consent of the Commons did not appear in it and therefore saith the book all the Iudges held clearly that it was no Act and therefore he was restored And yet it doth not hold true generally that in the body of the Act the thrée Assents must particularly appear especially in cases of Ancient Statutes The reason is because the Forms of drawing up and wording ancient Statutes were very various as 8 Cook Prince's Case King Edw. 3. authoritate Parliamenti grants by an instrument in Form of a Charter yet 't is there held that it was a Statute And this very Act here in question of 14 H. 8. hath always béen taken to be a good Act as in Dr. Bonham's case in the 8 report and in the 4 Inst and in Dr. Butler's case in Cro. Car. and in Jones's report But further Hales said that in this case here the Court is bound up to give Iudgment upon the Record that is certified unto the Court And by the Record certified it appears to the Court that it is a good Act of Parliament for in the Certificate made to the Court the thrée Assents of the King Lords and Commons are contained in the body of the Act. There be other Satutes of the same Sessions of Parliament viz. in 14 H. 8. which be as our Statute is viz. without the Royal assent upon the Roll of the Statute as the Act about the marrying of the Six Clerks cap. 8. and the Act of the Port of Southampton cap. 13. and other Statutes of the same Sessions and yet they have not béen ever questioned and in truth the Royal Assent was at the end of the Bills of that Sessions If the Defendant thinks that the certificate here is false it being of an Act of Parliament whenas he thinks there is no such Act The party grieved by such false Certificate is to take his remedy by way of Action upon the Case against the Person that made such false Certificate as the Clerk of the Parliament or the Clerk in Chancery but the Defendant cannot be admitted here in this Court to averr contrary to the Record certified and so to relieve himself this way for we have no power over those Records we cannot cause the Parliament Rolls themselves to be brought into this Court we take them to be as they are certified unto us Then the Counsel for the Defendant made a second objection viz. The issue here is whether there be such a Record or no and this issue is to be tried by the Record it self For all Records are of that high nature that they can be tried onely by themselves Now here the Tenor of the Record onely is certified and not the Record it self and therefore the issue here is not sufficiently proved by the Plaintiffs in Law And Pages case in the 5 rep was cited where 't is resolved that the Tenor of a Record is not pleadable at Common Law that 't is not sufficient at Common Law to shew forth to the Court the Tenor of Letters Patents but that the Letters Patents themselves must be produced to the Court 'T is the Record it self onely that is pleadable and not the Tenor thereof and by consequence 't is the Record it self that must be certified here to prove this issue of nul tiel Record and a Certificate of the Tenor onely is not sufficient Hales the Lord Chief Iustice answered that though the Tenor of a Record be not pleadable yet upon the issue of nul tiel Record the Tenor of the Record is sufficient to prove that issue the Tenor thereof being sent by way of Mittimus into the Court where the issue is depending upon that particular purpose onely Nul tiel Record may well be pleaded to a private Act of Parliament but it cannot be pleaded to a publick Act of Parliament the reason of the difference is for that the Court is bound to take notice of publick Acts of Parliament but not of private ones When execution may be awarded upon the Record certified there a Certificate of the Tenor is not sufficient because no execution can be granted upon a Tenor onely the reason thereof is this if execution might be upon the Tenor then two executions might be viz. one upon the Tenor in one Court the other upon the Record it self in the other Court and 't would be against reason that two executions should be for the same thing But where the Writ which commands the Court below to certifie a Record doth also tie up the hands of that Court from awarding any execution there a Certificate of the Tenor onely is sufficient as in some cases of Writs of Error upon Iudgment given in other Courts The like of Certiorari's to
his hand and not by the drinks and liquours he gave This he understood by his mother who wished him having a scald head to stroke his head with his own hand whereby he was cured And therefore sometimes he used onely his hand sometimes he gave Wine whereinto he dipped his finger that the people might have somewhat to take but the virtue came from his hand Barton was censured to pay 20 l. and to remain a prisoner in Woodstreet Compter till released by the President where he continued till the 19th of October following never having all that time petitioned the College for his liberty And then by virtue of a Writ of Habeas Corpus which he had sued forth of the King's Bench he was carried with his cause to the King's Bench Bar at Westminster The Copy of which Warrant and the Return thereof here immediately ensue NOs Johannes Warner Thomas Adams Vic' Civitat ' London Serenissimo Domino Regi in brevi huic schedul ' annex ' nominat ' ad diem locum in eodem brevi content ' Certificamus quod ante adventum nobis praedict ' brevis scil ' duodecimo die Septembris Anno regni dicti domini Regis nunc Anglie c. decimo quinto Christoferus Barton in dicto brev ' nominat ' commissus fuit Prisone dom ' Regis scil ' Computator ' scituat ' in Woodstreet London praedict ' in eadem Prisona sub custodia Isaaci Pennington Johannis Woollaston tunc vic' Civitat ' praedict ' in eorum exit ' ab officio suo sub custodia nostra detent ' virtute cujusdam Warranti Otwelli Meverell Laurentii Wright Edmundi Smith Willielmi Goddard in Medicinis Doctor Censor ' Collegii Medicor ' in London sub sigillo communi Collegii Medicor ' London praedict ' custodi praedict ' Computatorii London praedict ' vel ejus deputat ' direct ' Cujus quidem Warranti tenor sequitur in hec verba ss We Otwell Meverell Laurence Wright Edmund Smith and William Goddard Doctors in Physick and Censors of the College of Physicians in London being chosen by the President and College of Physicians aforesaid to govern and punish for this present year all offenders 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 College and Comminalty by the late King of famous memory King Henry the Eighth bearing date the 23th day of September in the Tenth year of his Raigne And one Act of Parliament made in the 14th year of the said late King Henry the Eighth concerning Physicians Whereby the Letters Patents aforesaid and every thing therein are granted and confirmed And by virtue of the said Act of Parliament and Letters Patents aforesaid and one other Act of Parliament made in the first year of the Raigne of our late Soveraigne 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 College house in Pater noster Rowe in London one Christofer Barton and we have examined the said Christofer Barton and upon his examination and other due proofs we have found that the said Christofer 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 St. Buttolphs Parish Aldgate London and the child of one Iane Bigge and some others in the month of Ianuary in the year 1638. contrary to the Laws in that behalf made and provided whereupon we have imposed upon the said Christofer Barton a fine of 20 l. for his evil practice in Physick aforesaid and we have also for the same cause sent you the body of the said Christofer 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 bail or mainprize untill he shall be discharged of his said imprisonment by the President of the said College and by such persons as by the said College shall be thereunto authorised according to the Statute in that behalf made And this our Warrant shal be your discharge Given at the said College the eleventh day of September in the 15th year of the Raigne of our Soveraigne Lord King Charles Otwell Meverell Law Wright Edm. Smith William Goddard To the Keeper of Woodstreet Compter London or his Deputy To Mr. John Penyall one of the Messengers of his Majestie 's Chamber in Ordinary to execute this Warrant ET hec est causa acceptionis detentionis praefati Christoferi Barton in Prisona praedict ' sub custodia nostra Corpus cujus quidem Christoferi coram praefat ' domino Rege apud Westm ' parat ' habemus Being at the Bar the said 19th of October for that the Lord Chief Justice Sir Iohn Brampston was not present the other Judges present would not accept of bail which the said Barton tendered but suspended the matter untill Tuesday the 12th of October following Barton for that time was returned back and coming to the Bar again on the said Tuesday with his Councel and Bail the Lord Brampston 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 24th 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 Bailed it being against the Law and the Letter of the Warrant grounded upon the Statutes Then it was desired by Barton's Councel that he might go over to the King's Bench which also was denied because he was committed originally to the Compter and willed if he would have liberty to submit to the College and make his peace there Barton being in custody of the Serjeant that carried him up to the Bar exhibited 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 29th of October signed his discharge and set him at liberty he being put again before his enlargement into the said Prison Mr. President gave order that upon the commitment of any Offender the name of the
of Parliament wanting the Royal Assent 267. The Court replied and shewed the different method of passing Acts of Parliament with the difference betwixt Statute Rolls and Rolls of Parliament 268. The Royal Assent not entred till after H. 5. in the Statute Rolls ibid. The Record brought by the College was not a Transcript of the bill upon which the Answer of the King was written but a Transcript of the Entry which was made upon the Statute Roll upon which it is not necessary that the Royal Assent should be entred and why 269. The 14 15 H. 8. appears by the Record certified to be a good Act of Parliament 270. The Royal Assent was entred at the end of that Session 271. If the Certificate be false the Defendant may bring his Action against the Clerk of Parliament or the Clerk in Chancery 271. The court of Kings Bench cannot cause the Parliament Rolls themselves to be brought into Court ibid. The second objection made by Huybert's Council was That the Issue was whether there was such a Record and that is to be tried by the Record it self now here the tenour of the Record was only certified and not the Record it self ibid. The Court answered that upon the Issue of Nul tiel Record a Certificate of the tenour was sufficient to prove the Issue 272 273. Iudgment entred for the College against Huybert 273. Needham The College declares against him upon an Action of Debt 273. His plea double 273 274. The College demurred and why 274. Iudgment entred against him ibid. Empiricks how described in the 3 H. 8. p. 1 2. not known to the Law neither can they have action 252. One set in the Pillory 306. Another set on Horse-back with his face to the Horse-tail the same tail in his hand as a bridle with a collar of Iordans about his neck ibid. The President and College bound by solemn Oath and conscience to prosecute them 318 321 325 328 330 352 353 387 412. A warrant sent from K. James his Council to the Magistrates of London for their Attachment 370. The Kings Letter to the President and Censors requiring them to put the Laws in execution against Empiricks 372. the King's Letter directed to the Lord Mayor Aldermen and Iustices of London requiring them to assist the President and Censors in suppressing Empiricks and illegal Practisers 374. Keepers of Prisons prosecuted for suffering any of them to make their escape 329 361 403 421. they ought not to practise Physick in prison 314. they cannot be bailed 344 345 469 470. How the College proceeded against them when they procured protections 338 339 352 355 391 423 424. They were summoned to appear upon penalty 354 355 369. punished for exposing bills purging diet-drinks purging confections or tables of the virtue of their Medicines 333 363 364 365 368 369 442 470 471. Several of them examined and rejected 315 323 324 326 331 334 337 342 364 368. their dangerous and evil practice 315 323 331 332 333 334 335 351 355 357 365 367 368 389 391 392 402 421 425 441. their unconscionable dealings 335 352 366 369 391 394 397 419 420 439 445 446. their egregious ignorance and knavery 322 326 330 334 337 354 355 384 385 390 395 399 400 404 405 421 445 446 467. Interdicted practice 322 323 333 337 346 347 356 364 368 384 389 394 395 405 422. Required to give bonds not to practice 314 315 316 319 322 323 324 325 326 332 333 334 342 347 349 355 368 375 386 387 401 420. Letters testimonial granted against them 332 392 403 442. Some of them fined others fined and committed to prison 313 314 315 316 319 320 322 323 324 325 326 327 333 334 337 338 341 342 349 352 354 356 357 365 369 384 385 387 388 391 401 404 413 420 422 439 446 466 467. Sued or prosecuted by the College 147 161 162 221 225 229 259 261 273 275 305 308 310 313 314 319 339 356 387 388 391 393 394 421. they may be sued for 2 years practice 419. Countrey Empiricks sued or prosecuted by the College 309 310 313 314. What the Common Law against Empiricks was before Acts of Parliament were made against them 251. F. Fellows of the College Forty constituted by the last Patent 70. the names of them 40. they were to continue for life if not removed for cause 71. How to be chosen 77. Power to amove any of them 78. they are to be sworn duly to execute 80. to take the Oaths of Obedience and Supremacy ibid. Fines All fines forfeitures and amerciaments to be approved by the next College Court and registred before any levy is made c. the 10 l. and 5 l. excepted 100 101. An appeal may be made to Visitors appointed by the King within one month after the fine is approved 101 102. These Visitors are to receive and determine appeals c. 102 103 104 105 106. H. Hospital of Christ Church No Physician should be chosen into that Foundation but one approved by the College 418. L. Licence A Licence from the Elects will not justice practice in London 362 471. The Bishop's licence cannot do it 471 472. the College's licence not to be allowed to those who have been in Holy Orders 376 401 443. Their obtaining a Licence is a general detriment 443 444. M. Midwives A Petition presented by them to the College 463. The College's Answer to their Petition which was by them delivered to the Archbishop 465. O. Oaths of Obedience and Supremacy to be taken by the President Fellows and Officers of the College 80. Power given to the Elects or to any two of them to administer these Oaths to the President 81. The President to administer them to the Fellows and all Officers 82. P. Physicians By whom to be allowed for City and Countrey 2 3 8 12. All Physicians practising in the several Dioceses out of London Graduates excepted must be examined by the President and 3 of the Elects 12. they are to be licensed by the President and Elects or any four of them 96. they are first to be examined and if able to be approved by Letters testimonial under the hands of the Elects 97. Power given to the President and Elects to summon examine and give testimonials and to reject unfit persons 97. None are to practise in the Countrey till they be licensed under pain of 5 l. per mens and how to be recovered 98. None to practise in London or within 7 miles of the same without licence under their Seal 8 9 343 344 345. Practice of Physick what is to be esteemed such 281. President of the College His office and duty 7 8. Power allowed him to make a Vice-President 74 75. He is to be sworn duly to execute his office 80. to take the Oaths of obedience and Supremacy ibid. to administer them to the Fellows and all College Officers 80 81 82. R. Register made by Patent 55 109. He is to be
sworn for the true performance of his Office 56 110. S. Seventh Son The cheats of one who pretended himself a Seventh Son with an Historical account of the College's proceedings with him 446 447 c. Statutes or Acts of Parliament how to be expounded 247 248. The difference betwixt Statute Rolls and Rolls of Parliament 268. By whom Statutes were formerly drawn up 268 269. Statutes relating to Physick or Surgery 3 H. 8. c. 11. p. 1. 5. H. 8. c. 6. 3. 14 15 H. 8. c. 5. 5. 32 H. 8. c. 40. 17. 32 H. 8. c. 42. 20. 34 35 H. 8. c. 8. 28. 1 Q. M. Ses 2. c. 9. 30. The 3 H. 8. repealed in effect by the 14 15 H. 8. 185. repealed by the 34 H. 8. 230 231. Its imperfections 252. The 14 15. H. 8. Thirty six Acts passed in the same Session of Parliament when this was made 16. confirmed by the first of Q. Mary 229. It repeals the 3 H. 8. in 3 main points 238. not restrained by the 34 35 H. 8. 253 254 258. The 34 35 H. 8. whether repealed or not is disputable 227 230 236 238 250. This Act extends onely to Surgeons 235 258. It gives liberty onely to those who practise for Piety and Charity excluding all that take money or gain 258. Surgeons By whom to be allowed for City and Countrey 2 3. Exempt from being Constables bearing Armour keeping Watch and Ward c. 3 4 5. The Authority and liberty of Barbers and Surgeons being made of one Company 21. By whom and when the Barbers of London were incorporated ibid. The benefits like to ensue by joyning the Barbers and Surgeons into one Company 22. The Barbers and Surgeons made one Company and incorporated ibid. The Barbers and Surgeons in London exempt from bearing of Arms or being in Watches or Inquests 24. Surgeons may yearly take 4 condemned persons for Anatomies ibid. No Barber in London shall use Surgery 25. No Surgeon in London shall use the craft of Shaving 26. Every Surgeon in London shall have a Sign at his door ibid. None shall be a Barber in London but a Freeman of the Company ibid. Four Wardens shall be chosen and their authority ibid. The forfeiture of offenders 27. Any person may keep a Barber or Surgeon as his servant ibid. Any person being no common Surgeon may minister outward medicines 28. By what means the Surgeons of London have abused the Statute of the 3 H. 8. c. 11. for their own gain ibid. It shall be lawfull for any person to cure outward Sores notwithstanding the Statute of 3 H. 8. c. 11. 29. A Letter sent to the Surgeons from the College requiring them to abstain from the practice of Physick 340. They are not to give inward medicines 315 316 343 344. Their endeavours to procure Letters Patents and an Act of Parliament to prescribe inward medicines in Wounds Vlcors and French Pox 359 c. The College's resentment thereof 361. A second attempt of theirs to procure Licence to administer Physick in all cases Chirurgical 406. Interdicted practice 348 363 367 422. Required to give bond not to practise 332 341 368 423. Discommuned 425. Fined or Fined and imprisoned by the Censors 315 319 331 332 333 340 341 348 349 355 365 367 375 384 395 413 422 438 446. T. Trials of the College against Empiricks è contrà Versus Gardiner pag. 147.  Versus Dr. Bonham 164.  Dr. Bonham versus the College 178 220.  versus Butler 221.  Butler versus the College 225.  versus Butler 229.  versus Bugge 259.  versus Huybert 261.  versus Needham 273.  Trials of the College against Empiricks c. Versus Bourne 275. Harder Merry Stone U. Vniversities Dr. Bonham's case The College's Declaration against him for practising Physick in London without licence 164. Dr. Bonham's Plea 171. The President 's reply viz. that his plea was invalid 175. Dr. Bonham justifies it ibid. Iudgment given by the Court of Kings Bench for the College against Dr. Bonham 177. He brings an Action of false imprisonment against the College 178 202. The College's Plea ibid. Bonham's reply 183 203. The College demurs and why 184. The Iudges divided in their opinions 184 186 209. Why Iudgment was entred for Dr. Bonham 188 189 196 201 220. Their Privileges secured in the 3 H. 8. p. 3. They may not practise in London c. 184 185 204 211 212 277 335 336 364. Summoned to give an account of medicines prescribed in London 377. Why they are subject to the examination correction and government of the College 278. Some of them rejected upon examination 315 348 350 362 376. Interdicted practice 334 350 364 366 377 383 409 419. gave bond not to practise 347 349. Sued or 〈◊〉 by the College 164 178 202 314 335 350 351 366 367 376 418 419 471. Fined or fined and imprisoned 334 348 350 362 363 366 376 407 409 438 47◠THE END 3 H. 8. c. 11. 14 15 H. 8. c. 5. 32 H. 8. c. 42. 1 Q. M. Ses 2. c. 9. K. James and K. Charles 2. in their Royal Patents Inconveniencies ensuing by ignorant Persons practising Physick or Surgery By whom every Physician and Surgeon shall be allowed A. Physician or Surgeon allowed by the Bishop of the Diocess The Privileges of Oxford and Cambridge The causes why Surgeons have been exempt from bearing of Armour or other Services Surgeons discharged of Enquests c. The Surgeons of London shall be exempt from being Constables bearing of Armour or to be put in Watches or Inquests A body Corporate of the faculty of Physick within London and 7 miles compass * rect nostrimunus A perpetual College of Physicians erected and granted in London and the Suburbs * Medicinam * Francisci A Prefident of the College and his office and duty The College shall have perpetual Succession and a Common Seal They shall be of ability to purchase Land They may sue and be sued They may make lawfull Assemblies and Ordinances for Government No man shall practise Physick in London or 7 miles thereof unless he be allowed Four Physicians of London shall be yearly chosen to have the oversight of the others * earum Physicians shall not be summoned on Juries in London The King's Letters Patents and every Article therein confirmed There shall be Eight Elects of the Physicians of London Physicians in other places must be examined by the President and 3 of the Elects * ostendit certis * ferme * assiden * Supple quà m Temporalibus * Modestiae * eidem * tempe * evid * excellenti †fine * tum * penitus * prodeundi Priviledges granted to Physicians in London The Physicians in London shall be discharged to bear certain Offices there Four Physicians shall be chosen yearly to search Apothecary-wares in London The forfeiture of an Apothecary that refuseth to have his house searched Stat. 1 M. 9. The