either actually engaged in the late Rebellion or bred up in some mean and contemptible trades were never taught the duty they owe to God or their Sovereign to their Native Country or the Laws thereof We hope therefore that Your Lordship will pardon us in begging your Honour's favour and Protection for the encouragement and defence of a Society though established by Royal Graunts and Acts of Parliament thus rudely assaulted by barbarous and illiterate Mechanicks Your Lordship 's profound knowledge in the Laws of your Countrey as well as in all humane learning is no less known and admired than your eminent exemplary courage and constant faithfulness to the Crown and Government in Church and State as 't is now by Law established to the preservation of which your Lordship 's singular wisedom vigilancy and unwearied endeavours have highly and successfully contributed To which purposes that your Lordship may long live in the favour of your Prince and affections of all his Loyal and good Subjects is and shall be the constant and ardent desire of Your Lordship's Most humble and devoted Servant Charles Goodall THE COLLEDGE OF PHYSICIANS Established by LAW c. 3 H. VIII C. 11. An Act for the appointing of Physicians and Surgeons TO the King our Sovereign Lord and to all the Lords Spiritual and Temporal and Commons in this present Parliament assembled Forasmuch as the science and cunning of Physick and Surgery 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 far forth that common Artificers as Smiths Weavers and Women boldly and accustomably 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 noious 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 King's 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 the authority of this present Parliament enacted That no person within the City of London nor within seven miles of the same take upon him to exercise and occupy as a Physician or Surgeon 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 Surgery 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 month that they doe occupy as Physicians or Surgeons not admitted nor examined after the tenour of this Act of 5 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 2. And over this That no person out of the said City and Precinct of seven 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 Surgeon in any Diocess within this Realm out if he be first examined and approved by the Bishop of the same Diocess or he being out of the Diocess by his Vicat-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 Seal to him that they shall so approve upon like pain to them that occupy contrary to this Act as is above said to be levyed and employed after the form before expressed 3. Provided alway That this Act nor any thing therein contained be prejudicial to the Vniversities of Oxford or Cambridge or either of them or to any Privileges granted to them 2 Memorand That Surgeons be comprised in this Act as Physicians for like mischief of ignorant persons presuming to exercise Surgery Rast Pla. fol. 426. 5 H. VIII C. 6. An Act concerning Surgeons to be discharged of Quests and other things SHeweth unto your discreet wisedoms your humble Orators the Wardens and Fellowship of the craft and mystery of Surgeons enfranchifed in the City of London not passing in number 12 persons That whereas they and their Predecessors from the time that no mind is to the contrary as well in this noble City of London as in all other Cities and Boroughs within this Realm or elsewhere for the continual service and attendance that they daily and nightly at all hours and times give to the King's liege people for the relief of the same according to their science have been exempt and discharged from all offices and business wherein they should use or bear any manner of Armour or Weapon and with like privilege have béen intreated as Heralds of Arms as well in battels and fields as other places there for to stand unharnessed and unweaponed according to the Law of Arms because they be persons that never used feats of War nor ought to use but only the business and exercise of their science to the help and comfort of the King's liege people in the time of their need 2 And in the aforesaid City of London from the time of their first Incorporation when they have been many mo in number than they be now were never called nor charged to be on Quest Watch nor other Office whereby they should use or occupy any Armour or defenceable géer of War wherethrough they should be unready and letted to practise their cure of men being in peril 3 Therefore for that there be so small number of the said fellowship of the craft and mystery of Surgeons in regard of the great multitude of Patients that be and daily chance and infortune hapneth and increaseth in the foresaid City of London and that many of the King's liege people suddenly wounded and hurt for default of help in time to them to be shewed perish and so divers have done as evidently is known by occasion that your said suppliants have béen compelled to attend upon such Constableship Watches and Iuries as is aforesaid 4 Be it enacted and established by the King our Sovereign Lord and the Lords Spiritual and Temporal and by the Commons in this present Parliament assembled and by authority of the same that from henceforth your said Suppliants be discharged and not chargeable of Constableship Watch and of all manner of office bearing any armour and also of all Enquests and Iuries within the City of London 5 And also that this Act in all
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 said President of the Comminalty and fellowship for the time being and the Commons and Fellows of the same and every Fellow thereof that now be or that at 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 not be chosen Constable or any other Office 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 ways 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 custom or Law to the contrary before this time used in the said City notwithstanding 2. 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 henceforth the said President for the time being Commons and Fellows and their Successors may yearly at such time as they shall think most meet and convenient for the same elect and chuse four Persons of the said Commons and Fellows of the best learned wisest and most discréet 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 virtue of this present Act have full authority and power as often as they shall think méet 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 onely to search view and sée such Apothecary-wares drugs and stuffs as the Apothecaries or any of them have or at any time hereafter shall have in their house or houses And all such wares drugs and stuffs as the said four persons shall then find defective corrupted and not méet nor convenient to be ministred in any Medicines for the health of man's 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 méet 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 beforesaid 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 to this Act for every time that he or they do so offend to 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 King's Courts wherein no wager of Law essoin or protection shall be allowed And if the said four persons or any of them so elected and chosen as before is said do refuse to be sworn or after his said oath to him or 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 lawfull 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 fourty shillings 3. And forasmuch as the science of Physick doth comprehend include and contain the knowledge of Surgery 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 32 H. 8. C. 42. For Barbers and Surgeons THE King our Sovereign 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 the common assents duly pondering among other things necessary for the common wealth of this Realm that it 's very expedient and néedful to provide for men expert in the science of Physick and Surgery 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 practice of the science and faculty of Surgery be abiding and inhabiting and have more commonly the dayly exercise and experience of the same science of Surgery than 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 forasmuch as within the said City of London there be now two several and distinct Companies of Surgeons occupying and exercising the said science and faculty of Surgery the one Company being commonly called the Barbers of London and the other Company called the Surgeons of London which Company of Barbers be incorporated to sue and be sued by the name of Masters or Governours of the Mystery or Comminalty of the Barbers of London by virtue and authority of the Letters Patents under the great
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
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
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 Sovereign Lord as by the right noble and virtuous Prince King Henry the seventh Father unto the King 's 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 Surgeons be not incorporate nor have any manner Corporation which two several and distinct Companies of Surgeons 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 Surgery should be as well in speculation as in practice 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 spéedy and effectual remedy should be than it hath béen or should be if the said two Companies of Barbers and Surgeons should continue severed asunder and not joyned together as they before this time have béen and used themselves not medling together Wherefore in consideration of the Premises Be it enacted by the King our Sovereign 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 Surgeons that is to say both the Barbers and the Surgeons and every person of them being a Frée-man of either of the said Companies after the custom of the said City of London and their Successors from henceforth immediately be united and made one entire and whole Body Corporate and one Comminalty perpetual which at all times hereafter shall be called by the name of Masters or Governours of the Mystery and Comminalty of Barbers and Surgeons of London for evermore and by none other name And by the same name to implead and be impleaded before all manner of Iustices in all Courts in all manner of Actions and Suits And also to purchase enjoy and take to them and to their Successors all manner of Lands Tenements Rents and other Possessions whatsoever they be And also shall have a common Seal to serve for the business of the said Company and Corporation for ever And by the same name peaceably quietly and indefeizably shall have possess and enjoy to them and to their Successors for ever all such Lands and Tenements and other Hereditaments whatsoever which the said Company or Comminalty of Barbers have and enjoy to the use of the said Mystery and Comminalty of Barbers of London And also shall peaceably and quietly have and enjoy all and singular Benefits Grants Liberties Priviledges Franchises and frée Customs and also all manner of other things at any time given or granted unto the said Companies of Barbers or Surgeons by whatsoever name or names they or any of them were called and which they or any of them now have or any of their Predecessors have had by Acts of Parliament Letters Patents of the King's Highness or other his most noble Progenitors or otherwise by any lawfull means had at any time afore this present Act in as large and ample manner and form as they or any of them have had might or should enjoy the same this union or conjunction of the said Companies together notwithstanding And as largely to have and enjoy the premises as if the same were and had béen specially and particularly expressed and declared with the best and most clearest words and terms in the Law to all intents and purposes And that all persons of the said Company now incorporate by this present Act and their Successors that shall be lawfully admitted and approved to occupy Surgery after the form of the Statute in that case ordained and provided shall be exempt from bearing of Armour or to be put in any Watches or Inquests And that they and their Successors shall have the search oversight punishment and correction as well of Fréemen as of foreign for such offences as they or any of them shall commit or doe against the good order of Barbery or Surgery as afore this time among the said Mystery and Company of Barbers of London hath béen used and accustomed according to the good and politick Rules and Ordinances by them made and approved by the Lords Chancellor Treasurer and two Chief Iustices of either Bench or any thrée of them after the form of the Statute in that case after ordained and provided 2. And further be it enacted by the authority aforesaid That the said Masters or Governours of the Mystery and Comminalty of Barbers and Surgeons of London and their Successors yearly for ever after their said discretions at their frée liberty and pleasure shall and may have and take without contradiction four persons condemned adjudged and put to death for felony by the due order of the King's Laws of this Realm for Anatomies without any further suit or labour to be made to the King's Highness his Heirs or Successors for the same And to make incision of the same dead bodies or otherwise to order the same after their said discretions at their pleasures for their further and better knowledge instruction insight learning and experience in the said Science or faculty of Surgery Saving unto all persons their heirs and successors all such right title interest and demand which they or any of them might lawfully claim to have in or to any of the lands and tenements with the appurtenances belonging unto the said Company of Barbers and Surgeons or any of them at any time afore the making of this Act in as ample manner and form as they or any of them had or ought to have had heretofore Any thing in this present Act comprised to the contrary hereof in any wise notwithstanding 3. And forasmuch as all persons using of the Mystery or faculty of Surgery oftentimes meddle and take into their cure and houses such sick and diseased persons as been infected with the Pestilence great Pocks and such other contagious infirmities do use or exercise Barbery as washing or shaving and other feats thereunto belonging which is very perillous for infecting the King's liege People resorting to their shops and houses there being washed or shaven Wherefore it is now enacted ordained and provided by the Authority aforesaid That no manner person within the City of London Suburbs of the same and one mile compass of the said City of London after the feast of the Nativity of our Lord God next coming using any Barbery or Shaving or that hereafter shall use any Barbery or Shaving within the said City of London Suburbs or one mile circuit of the same City of London he nor
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 doe by all such just and lawfull wayes and meanes as shall be requisite or necessary for the better and speedier effecting of the premises in all things according to the best of their Iudgments and to the truth of the matter appeareing before them AND FURTHER that it shall and may bée lawfull to and for the said Visitors or any two or more of them for the tyme being from tyme to tyme and att any tyme after such cause or matter heard or determined by them or any two of them as aforesaid to remitt and certifie back again to the said President Fellowes and Cominalty of the said Colledge of Physitians their judgment and proceedings therein respectively To the end that due execution and proceeding may bée had and made thereupon according to the tenor true intent and meaning of these presents AND Wee will and by these presents for us our heires and successors doe constitute ordaine declare and graunt that all and every Iudgment Sentence and Decree hereafter made or to bée made by the Visitors aforesaid or any two or more of them upon any Appeale or Appeales of in or concerning the premises shalbée and stand firme and good and bée binding and concluding to all and every person and persons party and parties concerned therein respectively and noe further or other Appeale or releife to bée had sought made or given therein in any Court of Lawe or Equity or elsewhere or otherwise however PROVIDED allwayes and Wée will and by these presents for us our heires and successors doe constitute ordaine and grant that in case of neglect or delay of prosecution of any Appeale or Appeales hereafter to bée had or made in the premisses according to the tenor of these presents or that Iudgment Decree or Sentence bee not from tyme to tyme had and obtayned in all and every such Appeale and Appeales at the prosecution of the partie or parties respectively soe Appealing within six Moneths after every such Appeale or Appeales from tyme to tyme respectively made That then and in every such Case it shall and may bee lawfull to and for the President Fellowes and Commonalty of the Colledge aforesaid and their Successors and to and for the said President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them as is above mentioned to act and proceed in and upon every such Matter Cause Iudgment Sentence or Decree on which such Appeale or Appeales shall bee soe made as aforesaid and neglected delayed or not determined in tyme by the Visitors as aforesaid in such manner and to all intents and purposes as if such Appeale or Appeales had never byn or byn made Any thinge in these presents conteyned to the contrary thereof in any wise notwithstanding AND WEE DOE by these presents for us our heires and successors further graunt constitute and ordeyne that itt shall and may bee lawfull to and for the President Fellowes and Cominalty of the Colledge of Physitians aforesaid and their Successors and to and for the President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them as is above mentioned to act doe and proceed by way of Action Distresse Imprisonment or otherwise in and upon all and every matter cause and thing judgment sentence and decree whatsoever hereafter to bee made given ratified or confirmed by the Visitors aforesaid or any twoe or more of them in or upon any Appeale or Appeales to them to bée made as aforesaid and by them from tyme to tyme remitted as aforesaid in such and the like manner to all intents and purposes as by these presents they or any of them may or are impowered to doe in the same or the like Cases when noe Appeale or Appeales shall bée had or made therein Any thing in these presents conteyned to the contrary thereof in any wise notwithstanding PROVIDED alsoe and our will and pleasure is That noe person or persons whatsoever shall att any tyme hereafter bee ympeached sued fyned amerced or otherwise punished by vertue of these presents or for any offence or other matter cause or thing whatsoever therein specified or conteyned unlesse hee or they respectively bee from tyme to tyme impeached sued fyned amerced or otherwise questioned or punished for such his or their offence or other matter cause or thing aforesaid within one whole yeare next after the same shall be committed or done or such person or persons lyable to bée questioned or punished for the same AND WEE DOE further of our especiall grace certaine knowledge and meere motion for us our heires and successors give and grant unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors all and singular the Fynes Amerciaments Penalties and Forfeitures and every of them by virtue of these presents or any Act of Parliament hereafter to bee made in pursuance or Confirmation thereof or of any the Letters Patents or Acts of Parliament Ordinances Decrees or Impositions aforesaid hereafter to bee assessed forfeited sett or imposed upon any Physitian or Practizer of Physicke as aforesaid or to bee forfeited sett or imposed upon any Apothecary Druggist or other person or persons whatsoever for or by reason of any misdemeanor offence contempt or default whatsoever before in or by these presents or any the Letters Patents Acts of Parliament Ordinances Decrees or Impositions mentioned or specified to bee ymployed and disposed as hereafter in and by these presents is declared The penalties and forfeitures of the Recognizances hereafter in and by these presents mentioned and directed to bee taken in the name of us our heires and successors allwayes excepted AND that the said President Fellowes and Cominalty of the Colledge of Physitians aforesaid and their Successors shall and may by the name of the President Fellowes and Cominalty of the Kings Colledge of Physitians in the Citty of London att all tymes hereafter and from tyme to tyme in any of our Courts of Record according to the due course of Lawe sue for recover levy and take execution of and for the said Fynes Amerciaments Penalties and Forfeitures and every or any part thereof or otherwise levy or obtaine the same and every part thereof Except the said penalties and forfeitures of Tenn pounds and five pounds per Mensem by Imprisonment of the Bodies or distresse and sale of the Goods of the persons offending as aforesaid in manner and forme aforesaid AND FURTHER Wée will and hereby doe order and direct that all and every summe and summes of money had made accrewing or ariseing by or out of the same Fynes Forfeitures Penalties and Amerciaments any or all of them other then the said forfeitures of Tenn pounds per Mensem and five pounds per Mensem the just and reasonable charges and
or Places Duety or Dueties or any of them within our said Citties or the Suburbs or Liberties thereof or lymitts aforesaid That all and every such designation appointment nomination and election shall bee utterly void and of none effect any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding AND Wee doe further for us our heires and successors give and graunt unto the said President Fellowes and Commonalty of the said Kings Colledge of Physitians aforesaid and their Successors AND by these presents declare and manifest our pleasure for ever to bee That the said President Fellowes and Cominalty and their Successors shall and may have take hold receive use exercise and enjoy all and singular the Guifts Graunts Liberties Priviledges Immunities Freedomes Benefitts Advantages Proffitts Comodities Power Ability and Authority herein before mentioned or by any Act or Acts of Parliament heretofore given graunted or confirmed unto the President Colledge or Cominalty aforesaid or any of them and not hereby altered changed made void or nulled without the lett hinderance interruption or disturbance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons whatsoever And that as fully and amply to all intents and purposes as the said President Colledge or Cominalty or any the Members thereof or any of them had used exercised or enjoyed or may might could or ought to have had used exercised or enjoyed the same or any thereof AND FURTHER of our like especiall grace certaine knowledge and meere motion WEE WILL and for us our heires and successors Doe promise and graunt to and with the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors by these presents that in the present or next Parliament or Session of Parliament of us our heires or successors now held or hereafter to bee called and held within this our Realme of England Wee our heires and successors will give and graunt our Royall and free assent and consent to any Act Bill or Petition by the said President Fellowes and Cominalty or their Successors or any of them in Parliament as aforesaid to bee exhibited or preferred and by the Lords Spirituall and Temporall and the Commonalty of the said Parliament to bee approved and assented unto for the better inabling authorising and investing of the said President Fellowes and Commonalty and their Successors to and with the severall Graunts Powers Priviledges Authorities Exemptions Immunities and other matters and things to them in or by these presents given graunted or confirmed or intended to bee to them given graunted or confirmed according to our gracious intent and meaning herein before specified and expressed AND FURTHER Wée will and by these presents for us our heires and successors Doe graunt unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors that these our Letters Patents and all and singular the Guifts Graunts Authorities Powers Priviledges and Immunities and other things herein conteyned shall bée good firme avayleable and effectuall in the Law to the intents and purposes aforesaid And shall bée in all and every of our Courts of Record and elsewhere had taken construed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President Fellowes and Cominalty and their Successors any Statute Act Ordinance Custome Vsage Guift Grant or any other matter or thing heretofore had made used ordeyned or provided to the contrary in any wise notwithstanding ALTHOUGH EXPRESSE MENTION of the true yearely value or certainty of the Premisses or of any of them or of any other Guifts or Graunts by us or any of our Progenitors or Predecessors heretofore made to the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid in these presents is not made or any Statute Act Ordinance Provision Proclamation or Restriction heretofore had made enacted ordeyned or provided or any other matter cause or thing whatsoever to the contrary thereof in any wise notwithstanding IN WITNESS whereof Wée have caused these our Letters to bée made Patents WITNESS our selfe att Westminster the Sir and twentieth day of March in the Fifteenth yeare of our Raigne By the King HOWARD A Royall Charter granted to the Apothecaryes of London 30 Maii 13 Jacobi REX omnibus ad quos c. salutem Cùm antehac per Litteras nostras Paten ' sub magno sigillo nostro Anglie confect ' geren ' dat' apud Westm ' nono die Aprilis Anno regni nostri Anglie Francie Hibernie quarto Scocie de gratia nostra speciali voluerimus ordinaverimus concesserimus quod omnes singuli liberi homines mysterii Grocer ' Pharmacopol ' Civitat ' London Successores sui deinceps imperpetuum pro meliori ordine gubernatione regimine hominum myster ' Grocer ' Pharmacopol ' Civitatis London ac pro utilitate commodo relevamine bonorum proborum ac formidine correctione malorum dolosorum improborum forent essent vigore earundem Litterarum Paten ' unum Corpus corporatum politicum in re facto nomine per nomen Custod ' Communitatis myster ' Grocer ' Civitat ' London eosdem per nomen Custod ' Communitat ' myster ' Grocer ' Civitat ' London unum corpus corporatum politicum in re facto nomine realiter ad plenum pro nobis heredibus successor ' nostris per easdem Litteras nostras Paten ' adtunc erexerimus fecerimus ordinaverimus constituerimus declar averimus quod per idem nomen successionem h'erent perpetuam prout per easdem Litteras nostras Paten ' inter alia pleniùs liquet apparet Jam verò quum nobis sit demonstratum ex parte dilectorum subditorum nostrorum Pharmacopol ' Civitat ' nostre London necnon nobis affirmatum approbatum per dilectos nobis Theodorum de Mayerne Henricum Atkins in Medicinis Doctores Medicos nostros discretos fideles Quod hiisce proximis annis quamplurimi Empirici homines ignari inexperti in Civitate nostra London ac ejusdem Suburbiis inhabitant commorantur qui in Pharmacopoli arte mysterio haud instituti sed in eadem imperiti rudes quamplurima insalubria nociva falsa corrupta perniciosa faciunt componunt medicamenta eademque in plurimas hujus regni nostri Anglie partes vendunt assidue transmittunt in convitium opprobrium non solùm Medicine sciencie illius colende Medicorúmque hujus regni nostri Anglie literat ' eandem profitentium necnon Pharmacopoeiorum Civitat ' nostre London in eadem arte mysterio educat ' expert ' verùm eciam in subditor ' nostror ' pericula assidua vite
Nemo in dicta Civitate c. Also the makers of the Act put a distinction betwixt those who shall be licensed to practise Physick within London c. for they ought to have the admittance and allowance of the President and College in writing under their Common Seal but he who shall be allowed to practise Physick throughout England out of London ought to be examined and admitted by the President and 3 of the Elects and so they said that it was lately adjudged in the Kings Bench in an Information exhibited against the said Doctor Bonham for practising of Physick within London for divers months As to the Third point they said That for his contempt and disobedience before them in their College they might commit him to Prison for they have authority by the Letters Patents and Act of Parliament And therefore for his contempt and misdemeanor before them they may commit him Also the Act of 1 Mariae hath given them power to commit them for every offence or disobedience contrary to any Article or Clause contained in the said Grant or Act. But there is an express Negative Article in the said Grant and ratified by the Act of 14 H. 8. Quod nemo in dicta Civitate c. exerceat c. And the Defendants have pleaded that the Plaintiff hath practised Physick within London by the space of one month c. And therefore the Act of 1 Mariae hath authorised them for to imprison him in this case for which cause they did conclude for the Defendants against the Plaintiff But it was argued by Coke Chief Iustice Warburton and Daniel Iustices of the Common Pleas to the contrary And Daniel conceived that a Doctor of Physick of the one Vniversity or the other c. was not within the body of the Act and if he was within the body of the Act that he was excepted by the said latter clause But Warburton argued against him for both the points and the Chief Iustice did not speak to these 2 points because that he and Warburton and Daniel did agrée that this action was clearly maintainable for two other points But to the 2 other points he and the said 2 other Iustices Warburton and Daniel did speak scil 1. Whether the Censors have power for the Causes alledged in their Barr to fine and imprison the Plaintiff 2. Admitting that they have power to doe it if they have pursued their power But the chief Iustice before he argued the points in Law because that much was said in the commendations of the Doctors of Physick of the said College within London and somewhat as he conceived in derogation of the dignity of the Doctors of the Vniversities he first attributed much to the Doctors of the said College within London and did confess that nothing was spoken which was not due to their merits but yet that no comparison was to be made between that private College and any of the Vniversities of Cambridge and Oxford no more than between the Father and his Children or betwéen the Fountain and the small Rivers which descend from thence The Vniversity is Alma mater from whose breasts those of that private College have sucked all their science and knowledge which I acknowledge to be great and profound but the Law saith Erubescit lex Filios castigare Parentes The Vniversity is the fountain and that and the like private Colleges are tanquam rivuli which flow from the fountain melius est petere fontes quà m sectari rivulos Briefly Academiae Cantabrigiae Oxoniae sunt Athenae nostrae nobilissimae regni soles oculi animae regni unde Religio humanitas doctrina in omnes regni partes uberrimè diffunduntur But it is true Nunquam sufficiet copia laudatoris quia nunquam deficiet materia laudis and therefore these Vniversities excéed and excell all private Colleges tanquam inter viburna cupressus And it was observed that King Henry the 8. his said Letters Patents and the King and the Parliament in the Act of 14 H. 8. in making of a Law concerning Physicians for the more safety and health of men therein have followed the order of a good Physician Rex enim omnes artes censetur habere in scrinio pectoris sui For Medicina est duplex removens promovens removens morbum promovens ad salutem And therefore 5 manner of persons who more hurt the body of men than the disease it self are to be removed 1. Improbi 2. Avari qui medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitentur 3. Malitiosi 4. Temerarii 5. Inscii and of the other part 5 manner of persons were to be promoted as appeareth by the said Act scil those that were 1. profound 2. sad 3. discreet 4. groundedly learned 5. profoundly studied And it was well ordained That the professors of Physick should be profound sad discreet c. and not youths who have no gravity and experience for as one saith In Juvene Theologo conscientiae detrimentum in juvene Legista bursae decrementum in juvene Medico coemeterii incrementum And it ought to be presumed every Doctor of any of the Vniversities to be within the Statute sc to be profound sad discreet groundedly learned and profoundly studied for none can there be Master of Arts who is a Doctor of Philosophy under the study of 7 years and cannot be Doctor of Physick under 7 years more in the study of Physick and that is the cause that the Plaintiff is named in the Declaration Doctor of Philosophy and Doctor of Physick quia oportet Medicum esse Philosophum ubi enim Philosophus desinit incipit Medicus As to the 2 points upon which the Chief Iustice Warburton and Daniel gave judgment 1. It was resolved by them That the said Censors have not the power to commit the plaintiff for any of the causes mentioned in the Barr and the cause and reason thereof shortly was That the said clause which giveth power to the said Censors to fine and imprison doth not extend to the said clause sc Quòd nemo in dicta Civitate c. exerceat dictam facultatem c. Which prohibiteth every one to practise Physick within London c. without licence of the President and College but extendeth onely to punish those who practise Physick within London pro delictis suis in non bene exequendo faciendo utendo facultate medicinae by fine and imprisonment So that the Censors have not power by the Letters Patents and the Act to fine and imprison any for practising of Physick within London but onely pro delictis suis in non bene exequendo c. for ill and not good use and practice of Physick And that was made manifest by 5 Reasons called vividae rationes because they had their vigour and life from the Letters Patents and the Act it self And the best Expositor of all Letters Patents and Acts of Parliament are the
dicit quod non habetur aliquod tale recordum alicujus talis Statut ' Parliamenti praed ' Henrici Octavi nuper Regis Angliae edit ' qual ' per praed ' Praesiden ' Collegium seu Communitat ' qui tam c. in Narration ' praed ' superius inde recitat ' spec ' Et hoc parat ' est verificare unde pet ' Judicium si praed Praesiden ' Collegium seu Communitas qui tam c. action ' suam praed ' inde versus eum habere seu manutenere debeant c. Et praedicti Praesiden ' Collegium seu Communitas facultat ' Medicinae London qui tam c. dic quòd ipsi per aliqua per praed Adrianum superius placitando allegat ' ab actione sua praedicta tam pro dicto domino Rege quam pro seipsis inde versus ipsum Adrianum habend ' praecludi non debent Quia dic ' quòd habetur tale record ' praedicti Actus Parliamenti quale ipsi iidem Praesidens Collegium seu Communitas facultat ' Medicinae London qui tam c. superius inde narraâ—â—â— allegaver ' prout per record ' inde in cur ' Cancellar ' dicti domini Regis nunc apud Westm ' in com' Midd ' de recordo residen ' plenius constat de recordo Et hoc parati sunt verificare per record ' inde prout cur ' hic cons c. Et superinde dictum est per Cur ' hic praefat ' Praesiden ' Collegio seu Communitat ' facultat ' Medicinae London qui tam c. quod habeant record ' praed ' Actus Parliamenti coram domino Rege apud Westm ' die prox ' post periculo suo incumbend ' Idem dies dat' est praedicto Adriano ibidem c. Ad quem diem coram domino Rege apud Westm ' ven ' partes praed per Attorn ' suos praed ' Et praed Praesiden ' Collegium seu Communitas facultat ' Medicinae London qui tam c. deliberavit hic in Cur ' dicti domini Regis record ' praed Actus Parliamenti superius allegat huc missum è Cur ' Cancellar ' dicti domini Regis nunc virtute cujusdam brevis ex praed Cur ' Cancellar ' dicti domini Regis nunc emanen ' ac Justic ' domini Regis ad placita coram ipso Rege in Cur ' hic tenend ' assign ' direct ' Quod quidem Record ' reman ' hic in t ' Record ' hujus Termini fine die affilat ' c. super quo Record ' praed ' lecto audit ' per Cur ' dicti domini Regis nunc hic diligent ' examinat ' manifest ' apparet Cur ' domini Regis hic quòd habetur tale Record ' Actus Parliament ' praed ' qual ' per praed ' Praesiden ' Collegium seu Communitat ' facultat ' Medicinae London qui tam c. superius allegat ' existit Ideo cons est quòd dictus dominus Rex nunc praed ' Praesidens Collegium seu Communitas facultat ' Medicinae London qui tam c. recuperent versus praefat ' Adrianum debitum praed ' Centum librar ' praed ' per ipsum Adrianum forisfact ' tam domino Regi quam praefat ' Praesidenti Collegio seu Communitat ' facultat ' Medicinae London qui tam c. occasione exercitii sui facultat ' Mâ—â—icinae in Civit ' London praed ' contra formam literar Paten ' praed ' Statuti praed ' Unde una medietas sit dicto domino Regi nunc altera vero medietas inde praefat ' Praesiden ' Collegio seu Communitat ' facultat ' Medicinae London qui tam c. Et praedictus Adrianus in Misericordia c. De Termino Sancti Hilarii Anno 27 28 Car. 2. 1675. in Banco Regis THe President and College of Physicians Plaintiffs against Huybert Defendant The Plaintiffs sued the Defendant upon their Letters Patents of H. 8. and the Statute of 14 H. 8. cap. 5. which confirms the same Letters Patents for practising of Physick in London for several months mentioned in the Declaration without any licence or leave of the College of Physicians whereby he forfeits five pounds for every month The Defendant pleaded nul tiel Record videlicet that there is no Record of any such Statute as the Plaintiffs have supposed in the Declaration And the Plaintiffs having joyned issue thereupon in Michaelmass Term last had then aday given to bring forth the Record thereof untill this present Hilary Term And now the Tenor of the Record of the said Statute was by way of Mittimus sent out of the Court of Chancery into the Court of Kings Bench to prove the issue for the Plaintiffs by which it appeared to the Court of Kings Bench that there is such an Act of Parliament as the Plaintiffs did declare upon Thereupon the Counsel at the Barr for the Defendant made two objections First that search had béen made by the Defendant among the Records of Parliament and it doth not appear there that the Royal assent was to this Act of Parliament mentioned in the Plaintiffs declaration and therefore there is not in truth or in Law any such Act of Parliament For when Statutes are enrolled the Royal assent ought to be entred upon the Roll also Hales the Lord Chief Iustice answered that this objection if it should be allowed to be a good one would endanger not onely this Act but many Acts of Parliament which have never yet béen questioned For there are many Acts of Parliament upon the Rolls whereof the Royal Assent doth not appear especially if they be ancient Acts And yet they have béen ever received as good Acts of Parliament For the method of procéeding in the making of Acts of Parliament was anciently different from that which is now used For formerly a Bill in the nature of a Petition was delivered to the Commons and by the Commons to the Lords and then was entred upon the Lords Rolls and there the Royal Assent was entred also And upon this as a ground-work the Iudges used at the end of the Parliament to draw up the Act of the Parliament into the Form of a Statute which afterwards was entred upon the Rolls called the Statute Rolls which were different Rolls from those called the Lords Rolls or the Rolls of Parliament Vpon which Statute Rolls neither the Bill or Petition from the Commons nor the Answer of the Lords nor the Royal Assent was entred but onely the Statute as it was drawn up and penned by the Iudges And this was the method till about H. 5 's time and in his time 't was desired that the Acts of Parliament might be drawn up and penned by the Iudges before the end of the Parliament And this was by reason of a complaint then made that the Statutes were not fairly and equally drawn up and worded after the
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
of the College Resp They all agréed That they are subject to the government and correction of the College by an express clause of the said Charter enacted which giveth to the President and College Supervisionem Scrutinium Correctionem Gubernationem as well of all persons using the practice of Medicine within the City c. Quest 4. If they may not practise without admission of the College as their Letters Patents plainly import Then whether such Graduates are not subject to the examination without which there were never any admitted and without which the admission cannot be approved because every Graduate is not absolutely good ipso facto Resp It was resolved by all That all that practised or should practise Physick either in London or within the compass of 7 miles of the same must submit themselves to the examination of the President and College if they be required thereunto by their authority notwithstanding any licence allowance or privilege given them in Oxford or Cambridge either by their degrée or otherwise Concerning Punishment and Correction against Offenders Quest 1. Whether the President and four Censors together or the Censors alone may not commit to Prison without bail or mainprize all Offenders in the practice 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 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 College by virtue and according to the power and authority to them granted they may commit the Offenders without bail or mainprize as the words of the Statute are Which they all resolved could not be altered or interpreted otherwise than 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 College 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 College among the Members of the same College Resp They all resolved That the President and College might commit to prison for offences and disobedience done or committed against any lawfull ordinance made by the said College 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 money for the better maintenance and defraying of necessary expences as in other Corporations Resp They all held That they might take such reasonable sums Quest 4. Whether those onely 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 li. a month and not be committed Resp They all held That by the Charter and Acts of Parliament they might commit Offenders and Practisers that offended in Non bene exequendo faciendo utendo facultate But for the committing to prison of such as practise not being admitted by the College they held it doubtfull for that the Charter and Statute do in that case inflict a punishment of 5 li. a month against such practiser without admittance by the College But they all resolved That if the President and College made an Ordinance to prohibit the practising of all without admittance under the Common Seal of the said College That for breach and contempt of this Ordinance the President and College might both impose a reasonable Fine upon the Offender and commit him without bail or mainprise Quest 5. Whether refusal to come to be examined upon warning given be not a sufficient cause of Commitment Resp They all resolved That if the College do make an Ordinance That if any practiser of Physick in London or within 7 miles of the same shall obstinately or wilfully refuse to be examined by the Censors of the College 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 bail or mainprise untill he be delivered by the President and Censors and to forfeit and pay to the said College some reasonable sum of money That the same Ordinance will be good and lawfull And if any after shall offend contrary to the said Ordinance the President and Censors may lawfully commit such Offender to prison there to remain without bail or mainprise 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 1. Quest Whether the party committed for unskilfull or temerarious practice 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 Iudgment of the 4 Censors of the College of Physicians 2. Quest Whether if any not admitted do practise Physick within London or 7 Miles of the same but once twice or thrice in one month be an offender against the Charter and Statutes of the College Resp All resolved he was if he be a professed Physician These I conceive to be the resolutions of their Lordships and the Judges upon the Questions which I humbly refer to themselves to affirm or disaffirm John Crook Tho. Foster Tho. Harries A brief account of the College of Physicians Case drawn up in relation to their finding of Arms keeping of Watch and Ward or bearing any Parish offices IN the roth year of King H. 8. the Physicians of London and within 7 miles of the same upon many important reasons mentioned in their Royal Patent were made a Body Corporate and endowed with many privileges which in the 14th and 15th of his Reign were confirmed by Act of Parliament In the 32th of the same King's Reign several additional privileges were granted them by a second Act of Parliament by which they were discharged from keeping any Watch and Ward or being chosen to any Office in London or the Suburbs thereof and were thereby enabled to practise Surgery as well as Physick in the said City c. By which clause they were entituled to the privilege granted the Surgeons of being discharged from bearing Arms c. by the 5 H. 8. 6. In the 1 Q. M. 9. their Charter was a second time confirmed by Act of Parliament and additional Privileges granted to them Which privileges with a freedom from finding Arms were continued to them without interruption till 1588 and it being then a time of most imminent and publick danger the Lord Mayor of London and Court
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
they nor none other for them to his or their use shall occupy any Surgery letting of bloud or any other thing belonging to Surgery drawing of téeth onely except And furthermore in like manner whosoever that useth the Mystery or Craft of Surgery within the circuit aforesaid as long as he shall fortune to use the said Mystery or Craft of Surgery shall in no wise occupy nor exercise the Feat or Craft of Barbery or Shaving neither by himself nor by none other for him to his or their use And moreover that all manner of Persons using Surgery for the time being as well Fréemen as Foreigns Aliens and Strangers within the said City of London the Suburbs thereof and one mile compass of the same City of London before the Feast of St. Michael the Archangel next coming shall have an open Sign on the Stréet side where they shall fortune to dwell that all the King's liege people there passing by may know at all times whither to resort for their remedies in time of necessity 4. And further be it enacted by the authority aforesaid That no manner of person after the said feast of St. Michael the Archangel next coming presume to kéep any Shop of Barbery or Shaving within the City of London except he be a fréeman of the same Corporation and Company 5. And furthermore at such times as have béen heretofore accustomed there shall be chosen by the same Company four Masters or Governours of the same Corporation or Company of the which four two of them shall be expert in Surgery and the other two in Barbery Which four Masters and every of them shall have full power and authority from time to time during their said office to have the oversight search punishment and correction of all such defaults and inconveniencies as shall be found among the said Company using Barbery or Surgery as well of Fréemen as Foreigns Aliens and Strangers within the City of London and the circuits aforesaid after their said discretions And if any person or persons using any Barbery or Surgery at any time hereafter offend in any of these Articles aforesaid then for every month the said Persons so offending shall lose forfeit and pay five pounds the one moiety thereof to the King our Sovereign Lord and the other moiety to any person that will or shall sue therefore by action of debt bill plaint or information in any the King's Courts wherein no Wager of Law Essoin or Protection shall be admitted or allowed in the same 6. Provided that the Barbers and Surgeons and every of them shall bear and pay lot and scot and such other charges as they and their predecessors have béen accustomed to pay within the said City of London This Act nor any thing therein contained to the contrary hereof in any wise notwithstanding 7. Provided alway and be it enacted by Authority aforesaid That it shall be lawfull to any of the King's subjects not being Barber or Surgeon to retain have and kéep in his house as his servant any person being a Barber or Surgeon which shall and may use and exercise those arts and faculties of Barbery or Surgery or either of them in his Master's house or elsewhere by his Master's licence or commandment Any thing in this Act above-written to the contrary notwithstanding 34 35 H. 8. C. 8. A Bill that persons being no common Surgeons may minister Medicines notwithstanding the Statute WHERE in the Parliament holden at Westminster in the third yeare of the King 's most gracious Reign amongst other things for the avoiding of Sorceries Witchcrafts and other inconveniencies it was enacted That no person within the City of London nor within seven miles of the same should take upon him to exercise and occupy as Physician or Surgeon except he be first examined approved and admitted by the Bishop of London and other under and upon certain pains and penalties in the same Act mentioned Sithence the making of which said Act the Company and Fellowship of Surgeons of London minding onely their owne lucres and nothing the profit or ease of the diseased or Patient have sued troubled and vexed divers honest persons as well men as women whom God hath endued with the knowledge of the nature kind and operation of certain Herbs Roots and Waters and the using and ministring of them to such as béen pained with customable diseases as Womens Breasts being sore a Pin and the Web in the Eye Vncomes of hands Scaldings Burnings Sore mouths the Stone Strangury Saucelim and Morphew and such other like diseases And yet the said persons have not taken any thing for their pains or cunning but have ministred the same to poor people onely for neighbourhood and God's sake and of pity and charity And it is now well known that the Surgeons admitted will do no Cure to any Person but where they shall know to be rewarded with a greater Sum or reward then the Cure extendeth unto for in case they would minister their cunning unto sore people unrewarded there should not so many rot and perish to death for lack of help of Surgery as dayly do but the greater part of Surgeons admitted béen much more to be blamed then those persons that they trouble 2. For although the most part of the persons of the said Craft of Surgeons have small cunning yet they will take great sums of money and do little therefore and by reason thereof they do oftentimes impair and hurt their Patients rather then do them good In consideration whereof and for the ease comfort succour help relief and health of the King 's poor Subjects inhabitants of this his Realm now pained or diseased or that hereafter shall be pained or diseased 3. Be it ordained established and enacted by the authority of this present Parliament That at all time from henceforth it shall be lawfull to every person being the King 's subject having knowledge and experience of the nature of Herbs Roots and Waters or of the operation of the same by speculation or practice within any part of the Realm of England or within any other the King's dominions to practise use and minister in and to any outward sore uncome wound apostemations outward swelling or disease any herb or herbs oyntments baths pultes and emplaisters according to their cunning experience and knowledge in any of the diseases sores and maladies beforesaid and all other like to the same or drinks for the Stone and Strangury or Agues without suit vexation trouble penalty or loss of their goods the foresaid Statute in the foresaid third year of the King 's most gracious Reign or any other Act Ordinance or Statute to the contrary hereof made in any wise notwithstanding 1 Q. M. according to the Exemplification Sessio 2. C. 9. An Act touching the Corporation of the Physicians in London CAROLUS SECUNDUS Dei gratia Anglie Scotie Francie Hibernie Rex fidei defensor c. Omnibus
good Rule Order and Governement of the said President Fellowes and Cominaltie and their Successors and of all their Officers and Ministers Goods Lands Tenements and Hereditaments And alsoe of all other practicers of Physicke and other the persons aforenamed for the reformation and redresse of the abuses deceipts misdemeanours and enormities and other the premises herein before mentioned or expressed And alsoe for inflicting upon all and every Delinquent Offender and Offenders against all or any such Lawes Acts Ordinances Orders Decrees Articles and Constitutions soe to bée made as aforesaid or any of them such reasonable paines penalties and punishments by imprisonment of the body or by fines and amerciaments any or all of them as to the said President and Fellowes and theire Successors or to the Vice-president and Fellowes in the absence of the President or the major part of them as aforesaid shall seeme reasonable and fitting To all which said Lawes Acts Ordinances Orders Decrees Articles and Constitutions to bée made as aforesaid Wée will and require all due obedience and observance under the paines and penalties therein conteyned Yett soe as allwayes the said Lawes Acts Ordinances Orders Decrees Articles and Constitutions bée not repugnant but agreeable to and with the Lawes Statutes Rights and Customes of this our Kingdome of England and bée approved and confirmed according to the Statute in that behalfe made And Wee will and by theise presents for us our heires and successors in reference and with respect to the said Graunt of our said noble Predecessor King Henry the Eighth And the said Act of Confirmation thereof in this behalfe Doe give and graunt unto the said President Fellowes and Comonaltie of the Colledge aforesaid and their Successors And doe hereby ordayne appoint and strictly commaund That noe person or persons whatsoever of what condition or qualitie soever hée or they bée being noe member of the said Corporation nor heretofore Licensed under the Common Seale of the said Colledge of Physitians Doe or shall from henceforth use or exercise the said faculty of Physicke within our said Citties of London and Westminster or within seaven miles any wayes in circuite thereof unlesse such person and persons shall bée first admitted or licensed to doe the same by the President and Fellowes of the said Colledge for the tyme beeing Assembled in Court or Convocation as aforesaid And such theire Licence or Admittance be attested by Letters Testimonialls of the said President and Fellowes of the said Colledge for the tyme being sealed with the Common Seale of the same Colledge upon paine of forfeiting unto the said President Fellowes and Comminaltie of the Colledge aforesaid and theire Successors Tenne pounds for every Moneth wherein any such person or persons shall soe exercise the said facultie being not admitted or licensed thereunto as aforesaid And that it shall and may bee lawfull to and for the said President Fellowes and Commonaltie of the Colledge aforesaid and theire Successors by the name of the President Fellowes and Commonaltie of the Kings Colledge of Physitians in the Cittie of London in any Court or Courts of Record of us our heires or successors at Westminster or in any other of our Courts of Record within the Iurisdiction whereof the offence aforesaid shalbée committed according to the due course of Law to sue for recover and have execution of and for all and every such penalties forfeitures summe and summes of money as shall att any time hereafter accrew growe due or payable or become forfeited unto the said President Fellowes and Commonaltie of the Colledge aforesaid or theire Successors as aforesaid In which Actions Suite or Suites soe to bée brought as aforesaid noe Essoyne wager of Law or protection shall be admitted or allowed for any Defendant or Defendants therein AND Wée doe further by theise presents of our especiall grace certaine knowledge and méere motion for us our heires and successors give and graunt unto the aforesaid President Fellowes and Comonaltie of the Colledge aforesaid and theire Successors That the President and Censors and in the absence of the President the Vice-president and Censors of the same Colledge for the tyme being or any thrée of them whereof the President and in his absence the Vice-president for the tyme being to bee one shall have full power and lawfull authoritie att all tymes hereafter when and as often as to them or any three of them whereof the President and in his absence the Vice-president for the tyme being to bee one it shall seeme requisite and convenient to supervise examine survey correct and punish all and singular Physitians and Practizers in the said facultie of Physicke Apothecaries Druggists Distillers and Sellers of Waters or of Oyles preparers of Chymicall Medicines to bee sold or imployed for gaine and all and every other person and persons practizeing in the said facultie or useing the Art or Mystery of an Apothecary or the Trade or Craft of a Druggist Distiller Preparer or Seller of any Oyles Waters or Medicines for gaine as aforesaid or that shall sell or put to sale any Stuffe Druggs Oyle Water or Medicines or other thing whatsoever used or to bee used for Medicines either simple or compounded at or in any place or places within our said Citties of London and Westminster or Suburbs thereof or within seaven miles of the same by Fines Amerciaments and Imprisonments and by other lawfull wayes and meanes or any of them according as the nature and qualitie of his and theire offence or offences in the premises shall deserve or require AND WEE DOE further of our like especiall grace certaine knowledge and meere motion for us our heires and successors give and grant unto the aforesaid President Fellowes and Comonalty of the said Colledge and theire Successors And We doe by theise presents declare our will and pleasure to bée that the said President and Censors and in the absence of the President the Vice-president and Censors of the same Colledge for the tyme being or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one for ever hereafter when and as often as to them or any thrée of them whereof the President or in his absence the Vice-president for the tyme being to bee one shall seeme meete and convenient shall have full power and authoritie to send for summon convent and cause to appeare and come before them the said President Vice-president and Censors or any three of them for the tyme being whereof the President or in his absence the Vice-president to bee one all and every Physitian and Physitians Practizer and Practizers in the said facultie of Physicke within the aforesaid Cittie and Suburbs of London or within seaven miles thereof at such tyme and places as by the said President and Censors or Vice-president and Censors or any three of them for the tyme being whereof the President or in his absence the
Letters Patents and the Acts themselves by construction and conferring all the parts together Optima Statuti interpretatrix est omnibus particulis ejusdem inspectis ipsum Statutum And injustum est nisi totâ lege inspectâ de una aliqua ejus particula judicare vel respondere The first reason was that these two were two absolute perfect and distinct Clauses and as Parallels and therefore the one did not extend to the other for the second beginneth Praeterea voluit concessit c. and the branch concerning fine and imprisonment is parcel of the second Clause 2. The first Clause prohibiting the practising of Physick c. doth comprehend 4 certainties 1. Certainty of the thing prohibited sc practice of Physick 2. Certainty of the time sc practice for one month 3. Certainty of Penalty sc 5 li. 4. Certainty of distribution sc one Moyety to the King and the other Moyety to the College and this penalty he who practiseth Physick in London doth incur although he practise and use Physick well and profitably for the body of man and upon this branch the Information was exhibited in the Kings Bench. But the Clause to punish delicta in non bene exequendo c. upon which branch the Case at Barr stands is altogether uncertain for the hurt which may come thereby may be little or great leve vel grave excessive or small c. And therefore the King and the makers of the Act cannot for so uncertain offence impose a certainty of fine or time of imprisonment but leave it to the Censors to punish such offences secundum quantitatem delicti which is included in these words per fines amerciamenta imprisonamenta corporum suorum per alias vias rationabiles congruas 2. The harm which accrueth by non bene exequendo c. doth concern the body of man and therefore it is reasonable that the offender should be punished in his body sc by imprisonment but he who practiseth Physick in London in a good manner although he doth it without leave yet it is not any prejudice to the body of man But the clause of Non bene exequendo c. doth not prescribe any time certain but at what time soever he ministreth Physick non bene c. he shall be punished by the said 2 branch And the Law hath great reason in the making of this distinction for divers Nobles Gentlemen and others come upon divers occasions to London and when they are here they become subject to diseases and thereupon they send for their Physicians into the Countrey who know their bodies and the causes of the diseases now it was never the meaning of the Act to barr any one of his own Physician and when he is here he may practise and minister Physick to another by 2 or 3 wéeks c. without any forfeiture for any one who wactiseth Physick well in London although he hath not taken any degree in any of the Vniversities shall forfeit nothing if not that he practise it by the space of a month and that was the cause that the time of a month was put in the Act. 4. The Censors cannot be Iudges Ministers and Parties Iudges to give sentence or Iudgment Ministers to make summons and Parties to have the moyety of the forfeiture quia aliquis non debet esse Judex in propria causa imo iniquum est aliquem suae rei esse Judicem and one cannot be Iudge and Attorney for any of the parties Dyer 3 Ed. 6. 65. 38 E. 3. 15. 8 H. 6. 19 20. 21 E 4. 47. c. And it appeareth in our books that in many Cases the Common Law doth controll Acts of Parliament and sometimes shall adjudge them to be void for when an Act of Parliament is against Common right and reason or repugnant or impossible to be performed the Common Law shall controll it and adjudge such Act to be void and therefore in 8 E. 3. 30. Thomas Tregors Case upon the Statute of West 2. Cap. 38. and Articuli super Chartas Cap. 9. Herle saith Some Statutes are made against Common Law and right which those who made them would not put in execution The Statute of West 2. Cap. 21. giveth a Writ of Cessavit haeredi petenti super haeredem tenent super eos quibus alienatum fuerit hujusmodi tenementum and yet it is adjudged in 33 E. 3. Cessavit 42. where the Case was Two Coparceners Lords and Tenant by Fealty and certain Rent One Coparcener had issue and dyeth the Aunt and the Néece shall not joyn in a Cessavit because that the heir shall not have a Cessavit for the cesser in the time of his ancestor F.N.B. 209. F. And therewith agréeth Plow Com. 110. and the reason is because in a Cessavit the Tenant before Iudgment may render the Arrearages and damages and hold his land again and that he cannot doe when the heir bringeth a Cessavit for the cesser in the time of his Auncestor for the arrearages incurred in the life of the Auncestor do not belong to the heir and because that it shall be against right and reason the Common Law shall adjudge the said Act of Parliament as to that point void The Statute of Carlisle made 35 E. 1. enacteth That the Order of the Cistertians and Augustines who have a Covent and Common Seal that the Common Seal shall be in the keeping of the Prior who is under the Abbot and 4 others of the most grave of the house and that any déed sealed with the Common Seal which is not so in kéeping shall be void and the opinion of the Court Anno 27 H. 6. Annuity 41. was that this Statute was void for it is impertinent to be observed for the Seal being in their kéeping the Abbot cannot seal any thing with it and when it is in the Abbots hands it is out of their kéeping ipso facto and if the Statute should be observed every Common Seal shall be defeated upon a simple surmise which cannot be tryed Note Reader the words of the said Statute of Carlisle which was made 35 E. 1. which is called Statutum Religiosorum are Et insuper ordinavit dominus Rex statuit quod Abbates Cicestr ' Premonstraten ' ordin ' religiosorum c. de caetero habeant Sigillum Commune illud in custodia Prioris Monasterii sui domus quatuor de dignioribus discretioribus ejusdem loci conventus sub privato Sigillo Abbatis ipsius loci custod ' depon ' c. Et si forsan aliqua scripta obligationum donationum emptionum venditionum alienationum seu aliorum quorumcunque contractuum alio sigillo quà m tali sigillo communi sicut praemit ' custodit ' inveniant ' à modo sigillata pro nullo penitus habeantur omnique careant firmitate So the Statute of 1 E. 6. cap. 14. giveth Chauntries c. to the King saving to the donor c. all such rents services
c. and the Common Law doth controll it and adjudge the same void as to services and the donor shall have the Rent as a Rent-seck distr of Common right for it should be against Common right and reason that the King should hold of any or do service to any of his Subjects 14 Eliz. Dyer 313. And so was it adjudged Mich. 16 and 17 Eliz. in the Common Pleas in Stroud's Case So if any Act of Parliament giveth to any to hold or to have Conusans of Pleas of all manner of Pleas arising before him within his Mannor of D. yet he shall hold no Plea to which himself is party for as hath béen said iniquum est aliquem suae rei esse judicem 5. If he shall forfeit 5 li. for one month by the first clause and shall be punished for practising at any time by the second clause two absurdities would follow 1. That one should be punished not onely twice but many times for one and the same offence And the Divine saith Quòd Deus non agit bis in idipsum and the Law saith Nemo debet bis puniri pro uno delicto 2. It should be absurd by the first clause to punish practising for one month and not for lesser time and by the 2. to punish practising not onely for a day but at any time so he shall be punished by the first branch for one month by the forfeiture of 5 li. and by the 2. by fine and imprisonment without any limitation for every time of the month in which any one doth practise Physick And all these reasons were proved by 2 grounds or Maxims of Law 1. Generalis Clausula non porrigitur ad ea quae specialiter sunt comprehensa And the Case between Carter and Ringstead Hill 34 Eliz. rot 120. in the Common Pleas was cited to this purpose where the Case in effect was That A. seized of the Mannor of Staple in Odiham in the County of Southampton in Fée and also of other lands in Odiham aforesaid in Fée suffered a common Recovery of all and declared the use by Indenture That the Recoverer should stand seized of all the lands and tenements in Odiham to the use of A. and his wife and to the heirs of his body begotten and further that the Recoverer should stand seized to the use of him and to the heirs of his body and died and the wife survived and entred into the said Mannor by force of the said general words But it was adjudged That they did not extend to the said Mannor which was specially named and if it be so indéed à fortiori it shall be so in an Act of Parliament which as a Will is to be expounded according to the intention of the makers 2. Verba posteriora propter certitudinem addita ad priora quae certitudine indigent sunt referenda 6 E. 3. 12. Sir Adam de Clydrow Knight brought a Praecipe quod reddat against I. de Clydrow and the writ was Quod juste c. reddat Manerium de Wicombe duas carucatas terrae cum pert in Clydrow in that case the Town of Clydrow did not relate to the Mannor quia non indiget for a Mannor may be demanded without mentioning that it lieth in any Town but cum pertinentiis although that it cometh after the Town shall relate to the Mannor quia indiget Vide 3 E. 4. 10. the like case But it was objected That where by the second clause it was granted that the Censors should have supervisum scrutinium correctionem gubernationem omnium singulorum Medicorum c. they had power to fine and imprison To that it was answered 1. That the same is but part of the sentence for by the entire sentence it appeareth in what manner they shall have power to punish for the words are ac punitionem eorum pro delictis suis in non bene exequendo saciendo seu utendo illâ facultate so that without question all their power to correct and punish the Physicians by this clause i ̄s onely limited to 3 cases scil in non bene exequendo faciendo vel utendo c. Also this word punitionem is limited and restrained by these words Ita quòd punitio eorundem Medicorum c. sic in praemissis delinquentium c. which words sic in praemissis delinquentium limit the first words in the first part of this sentence ac punitionem eorum pro delictis in non bene exequendo 2. It shall be absurd That in one and the same sentence the makers of the Act shall give them a general power to punish without limitation and a special manner how they shall punish in one and the same sentence 3 Hil. 38 Eliz. in a Quo Warranto against the Mayor and Commonalty of London it was holden That where a Grant is made to the Mayor and Commonalty that the Mayor for the time being should have plenum integrum scrutinium gubernationem correctionem omnium singulorum Mysteriorum c. without granting to them any Court in which should be legal procéedings that the same is good for search by which discovery may be made of offences and defects which may be punished by the Law in any Court but it doth not give nor can give them any irregular or absolute power to correct or punish any of the Subjects of the Kingdom at their pleasures 2. It was objected That it is incident to every Court created by Letters Patents or Act of Parliament or other Courts of Record to punish any misdemeanors done in Court in disturbance or contempt of the Court by imprisonment To which it was answered That neither the Letters Patents nor the Act of Parliament hath granted to them any Court but onely an authority which they ought to pursue as it shall be afterwards said 2. If any Court had béen granted to them they could not by any incident authority implicitè granted unto them for any misdemeanor done in Court commit him to prison without bail or mainprise untill he shall be by the commandment of the President and Censors or their Successors delivered as the Censors have done in this case 3. There was not any such misdemeanor for which the Court might imprison him for he onely shewed his case to them which he was advised by his Councel he may justifie which is not any offence worthy of imprisonment The second point Admitting that the Censors had power by the Act if they have pursued their authority or not And it was resolved by the chief Iustice Warburton and Daniel that they have not pursued it for 6 causes 1. By the Act the Censors onely have power to impose a fine or amercement and the President and Censors do impose the amercement of 5 li. upon the Plaintiff 2. The Plaintiff was summoned to appear before the President and Censors c. and did not appear and therefore he was fined 10 li. whereas the President hath not any
of Physick in London but by forfeiture of 5 li. by the month which is to be recovered by the Law 2. If any practise Physick there for a less time than a month 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 who may commit to prison by the Statute ought to commit presently 5. The fines which they set according to the Statute belong to the King 6. They cannot impose a fine or imprison without a Record of it 7. The cause for which they impose fine and imprisonment ought to becertain for the same is traversable For although they have the Letters Patents and an Act of Parliament yet because the party grieved hath not other remedy neither by Writ of Error or otherwise and they are not made Iudges nor a Court given to them but have an authority onely so to doe the cause of their commitment is traversable in an action of false imprisonment brought against them as upon the Statute of Bankrupts their Warrant is under the great Seal and by Act of Parliament yet because the party grieved hath no other remedy if the Commissioners do not pursue the Act and their Commission he shall traverse That he was not a Bankrupt although the Commissioners affirm him to be one as this Term it was resolved in this Court in Trespass betwéen Cutt and Delabarre where the issue was Whether William Piercy was bankrupt or not who was found by the Commissioners to be a bankrupt à fortiori in the Case at Bar the cause of the imprisonment is traversable for otherwise the party grieved may be perpetually without just cause imprisoned by them But the Record of a force made by one Iustice of Peace is not traversable because he doth the same as Iudge by the Statutes of 15 R. 2. and 8 H. 6. and so there is a difference when one maketh a Record as a Iudge and when he doth a thing by a special authority as they did in the Case at Bar and not as a Iudge And afterwards for the said two last points Iudgment was given for the Plaintiff nullo contradicente And I acquainted Sir Thomas Fleming Chief Iustice of the Kings Bench with this Iudgment and with the reasons and causes thereof who approved of the Iudgment which we had given And the same is the first judgment upon the said Branch concerning fine and imprisonment which hath béen given since the making of the said Charter and Acts of Parliament and therefore I thought it worthy to be reported and published Dr. Bonham's Case as reported by Brownlow and Goldesborough Trinity 7 Jac. 1609. in the Common Bench. THomas Bonham brought an Action of false imprisonment against Dr. Atkins and divers other Doctors of Physick The Defendants justified that King H. 8. Anno Decimo of his Reign founded a College of Physicians and pleaded the Letters Patents of the Corporation And that they have authority by that to chuse a President c. as by the Letters Patents c. and then plead the Statute of 32 H. 8. Cap. 40. And that the said Doctor Atkins was chosen President according to the said Act and Letters Patents And by the said Act and Letters Patents it is provided That none shall Practise in the City of London or the Suburbs of it or within seven miles of the said City or exercise the faculty of Physick if he be not thereto admitted by the Letters of the President and College sealed with their Common Seal under the penalty of a hundred shillings for every month that he not being admitted shall exercise the said faculty Further we will and grant for us and our Successors to the President and College of the Society for the time being and their Successors for ever that they may chuse four every year that shall have the overseeing and searching corecting and governing of all in the said City being Physicians using the faculty of Medicine in the said City and of other Physicians abroad whatsoever the faculty of Physicking by any means frequenting and using within the said City or Suburbs thereof or within seven miles in compass of the said City and of punishing them for their offences in not well executing making and using it And that the punishing of those Physicians using the said faculty so in the Premisses offending by fines amerciaments imprisonments of their bodies and by other reasonable and fitting ways shall be executed Note the Preamble of these Letters Patents is Quòd cùm regii officii nostri munus arbitremur ditionis nostrae hominum foelicitati omni ratione consulere Id autem vel imprimis fore si improborum conaminibus tempestivè occurramus apprimè necessarium fore duximus improborum quoque hominum qui medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitebuntur unde rudi credulae plebi plurima incommoda oriuntur audaciam compescere And that the Plaintiff practised in London without admission of the College and being summoned to appear at the College and examined if he would give satisfaction to the College according to the said Letters Patents and Statute he answered that he had received his Degrée to be Doctor of Physick by the Vniversity of Cambridge and was allowed by the Vniversity to practise and confest that he had practised within the said City and as he conceived it was lawfull for him to practise there That upon that the said President and Commonalty fined him to a hundred shillings and for not paying of that and his other contempt committed him to Prison To which the Plaintiff replyed as aforesaid and upon this demurrer was joyned And Harris for the Defendants saith That this hath béen at another time adjudged in the King's bench where the said College imposed a fine of five pound upon a Doctor of Physick which practised in London without their admission and for the non-payment of it brought an action of debt and adjudged that it lay well and that the Statute of 32 H. 8. extends as well to Graduates as to others for it is general and Graduates are not excepted in the Statute nor in the Letters Patents and all the mischiefs intended to be redressed by this are not expressed in that and the Statute shall not be intended to punish Impostors onely but all other which practise without examination and admittance For two things are necessary to Physicians that is learning and experience and upon that there is a Proverb Experto crede Roberto And the Statute intends that none shall practise here but those which are most learned and expert more than ordinary And for that the Statute provides that none shall practise here without allowance and examination by the Bishop of London and the Dean of Pauls and four learned Doctors But in other places the examination is referred onely to the Bishop
he ought to be publickly approved by many after he hath béen examined and answered in the Schools to divers questions and allowed by the Congregation house And 35 H. 6. 55. Doctor is no addition but a Degrée quia gradatim progressione Doctrinae provenit to that and that Doctor is Teacher and that he was first taught by others as a Scholar and afterwards he is Master and Doctor dicitur à docendo quia docere permittitur and they are called Masters of their faculty and that the original of Doctor came of the Synagogue of Iews where there were Doctors of Law and it appears that they had their Ceremonies in the time of H. 1. And when a man brings with him the Ensign of doctrine there is no reason that he should be examined again for then if they will not allow of him he shall not be allowed though he be a learned and grave man and it was not the intent of the King to make a Monopoly of this practice And to the second point that he propounded it séems that the justification is not good which is Quia non comparuit upon summons he was amereed and ordered that he should be arrested and being arrested and examined if he would submit himself to the College he answered that he was a Doctor and had practised and would practise within the said City as he conceived he might lawfully do and for that shewing of this Case he was committed to prison And he conceived two things upon the Charter First that it doth not inhibit a Doctor to practise but punisheth him for ill using exercising and making and secondly that it impowers to imprison the Empirick and Impostor And so prayed Iudgment for the Plaintiff And after in Hilary Term in the same year this Case was argued by all the Iustices of the Common Bench two several days The first day it was argued by Foster Daniel and Warburton Iustices at whose arguments I was not present but Foster argued against the Plaintiff and Daniel and Warburton with him that the action of false imprisonment was well maintainable And the second day the same Case was argued again by Walmesley Iustice and Coke Chief Iustice and Walmesley argued as followeth that is That the Statute of 3 H. 8. was in the negative that no person within the City of London or seven miles thereof take upon him to exercise or occupy as Physician or Chirurgeon c. And he doth not know in any Case where the words of the Statute are negative that they admit any interpretation against that but one onely and that is the Statute of Marlebridge Chap. 4. which provides that no Lord shall distrain in one County and the beast distrained drive into another County In which case though the words are negative yet if the Lord distrain in one County he may drive the beasts to his Mannor in another County of which the lands in which the distress was taken were held But it is equity and reason in this Case that the Statute should admit such exception for it is not of Malice but that the beasts may remain within his fée But in the principal Case there is not the like reason nor equity And also the King H. 8. in his Letters Patents recites as followeth that is Cùm regii officii nostri munus arbitremur ditionis nostrae hominum felicitati omni ratione consulere id autem vel imprimis fore si improborum conatibus tempestivè occurramus apprimè necessarium duximus improborum quoque hominum qui Medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitebuntur c. By which it appears that it is the office of a King to survey his Subjects and he is as a Physician to cure their maladies and to remove Leprosies amongst them and also to remove all fumes and smells which may offend or be prejudicial to their health as it appears by the several Writs in these several Cases provided And so if a man be not right in his Wits the King is to have the protection and Government of him lest he being infirm waste or consume his Lands or Goods And it is not sufficient for him that his Subjects live but that they should live happily and he discharges not his office if his Subjects live a life but if they live and flourish and he hath cure as well of their bodies as of their lands and goods for health for the body is as necessary as virtue to the mind And the King H. 8. to express his extraordinary care of his Subjects made the said Act in the third year of his Reign which was the beginning of his Essence to that purpose And by the Common Law any Physician which was allowed by the Vniversity might practise and exercise the said faculty within any place within England without any dispensation examination or approbation of any but after the making of the said Act made in the third year of King H. 8. none may practise exercise or occupy as Physician or Surgeon within the City of London and seven miles thereof if he be not first examined approved and admitted by the Bishop of London and the Dean of Pauls for the time being calling to them four Doctors of Physick or Chirurgeons c. And that no practiser may occupy or exercise the said faculty out of the said Precincts if he be not first examined approved and admitted by the Bishop of the Diocess or in his absence by his Vicar General every of them calling unto him such expert persons in the said faculty as their discretions think convenient And the reason of this difference as he conceived was for that in this City and the said Precincts the King and all his Councill and all the Iudges and Sages of the Law and divers other men of quality and condition live and continue and also the place is more subject to infection and the air more pestiferous and therefore there is more necessity that greater care diligence and examination be made of those which practised here in London and the Precincts aforesaid than of those that practise in other places of the Realm for in other places the people have better air and use more exercise and are not so subject to infection and therefore there is no cause that such care should be used for them for they are not in such danger And in the Statute there is not any exception of the Vniversities nor of those which are Graduates there and therefore they shall be tried by the said Act and the Statute of 14 H. 8. Chap. 5. onely excepts those which are Graduats of Oxford or Cambridge which have accomplished all things for their form without any Grace and if this exception shall be intended to extend to others then all the Vniversities shall be excepted by it and such exception was too general And over he said that the Plaintiff gave absurd and contemptuous answer when he being cited
which was found to be in another County And the Statute of 31 Eliz. cap. 5. is that in an Information upon a Penal Statute the offence shall not be laid to be done in any other County than where it was done and that the Defendant may traverse and alledge that the offence was committed in another County And because the Defendant did not plead that the offence in this case was done in another County it was adjudged for the Plaintiff and afterwards affirmed in Error and difference taken where in the pleading it appeareth it was done in another County and where not Hill 16 Jac. C. B. rot 850. Grimston versus Molineux for Recusancy of his wife and the Question was in the Information there because the 31 Eliz. Enacts that the offence given shall be laid in the proper County and it was ruled that this was out of the Statute for it is not an offence in doing but in not doing in omitting and not committing and the information lyeth there for Recusancy notwithstanding the conceit in Co. cap. de Recusancy And Mich. 16 Jac. rot 658. B. R. Presses Case was so resolved and that the Statute extends onely to Indictment and so he concluded for the Plaintiff PAsch 5 Car. primi this Case was argued again Athow for the Defendant And before his argument he would shew what was Surgery and what a Surgeon might do It appeareth by 32 H. 8. that licence of Physick comprehends all Physick upon which I collect that 14 H. 8. and the Letters Patents of the College do not extend to Surgery By those Letters Patents and Statute all the Physicians be a body politick and if this extends to Surgery then all the Surgeons in London be of the Corporation of the Physicians which they be not but a distinct Company and out of their Iurisdiction and government And Surgeons for their practice shall not be punished although they practise without licence But the said Statute and Patent extend to the learned part of Physick for the knowledge of Physick is a learned art and therefore the Statute was made to restrain unlearned men and there is more learning in judging rightly of the disease than in curing thereof for sometimes 2 or 3 diseases be in the body at the same time and that which cureth the one may increase the other wherefore there the learning of Physick appears in applying such remedy as may cure both together But for the exercise of Surgery knowledge of the Nature of Herbs c. is sufficient It hath béen said that for outward diseases they are allowed But I answer that for the Stone and Strangury and Ague there néeds no great skill to discover them and then the cure of them is more by experience and practice than learning And I have heard of a Physician that went 100 miles to know a Medicine for those diseases of an old Woman who had long time experience thereof And drinks for Agues Strangury c. is Surgery and not Physick properly And this appeareth by the Statute of 3 H. 8. 34 H. 8. In 3 H. 8. Physick and Surgery be both joyned together but in the allowance of them the Bishop ought to call Physicians to allow Physicians but Surgeons to allow Surgeons Now 34 H. 8. proves that all that the Defendant hath done is Surgery There is the recital of the Statute of 3 H. 8. and then it is said that the Company of Surgeons c. have troubled and vexed divers c. who are indued with the knowledge of ministring to such as be pained with customable diseases c. where there is not one word of Physicians Then if Surgeons may do this the College cannot restrain them or correct them that do this Another part of the Statute of 14 H. 8. is that no person ought to be suffered to practise but he that is professed sage discréet and learned It may be said that under colour of ministring of these drinks to Agues c. one may minister them to other diseases Also I confess that an Ague is attending upon sundry great diseases and for these Agues they cannot give drinks but to single Agues that do not accompany other diseases they may and of these is our Iustification and if he hath ministred to others there is a fair Issue tendered by which it may be tried Stone Strangury and Ague were never within the Stat. 14. H. 8. The exposition of the Statute ought to be according to the intent which is to be collected out of the preamble or body or other words therein and sometimes out of the mischief intended to be thereby remedied Morgan's case Pl. Com. upon 7 E. 6. is an example above all where it is adjudged that this Statute extends only to the Receivers of the King which is collected out of the Act and by other words in the Statute insomuch that the receivers of common persons cannot take any money for receipt c. And the mischief was that no poor men shall have pensions of the King upon the Statute of dissolution of Monasteries And it would be a great mischief if they upon non-payment always should complain to the King which mischief cannot be in case of a common person because they may distrain for non-payment So the Statute 34 H. 8. the preamble body and all the words in the Statute be against Chirurgeons But the exposition 2 E. 4. 18. upon the Statute of Prerogative and so Statutes of Wills gives power to devise lands in soccage of any inheritance and this doth not extend to Lands in Tail although the Act of explanation had not béen made but the Iudges would have made the same exposition because that Lands in Tail cannot be demisable at the Common Law But they would have expounded that Lands in Tail ought a third part of them be allotted to descend upon the heirs because that they may descend And so if it should be doubtfull whether 14 H. 8. extend to Agues and Strangury the Statute 34 H. 8. expounds it that it will not be denied but that Surgeons may cut for the Stone and if Ague or c. break in Vlcers c. they may without question cure them by the same reason they may cure these Diseases inwardly if they can 1. 14 H. 8. is a particular Statute and particular Statutes shall not extend much beyond their words but general Statutes which be for the good of the Commonwealth shall be construed largely and by equity 12 E. 4. 20. 1 H. 6. 5. upon the Statute 1 H. 7. there the Statutes construed by equity be general for the good of the Common-wealth But this Statute of 14 H. 8. is made for the good of Physicians that none shall practise but themselves and it is a particular Statute and therefore construed strictly as appeareth by Dr. Bonham's case Those drinks for the Stone and Agues c. be but stilled Waters or Beer mingled with Herbs which every one may
remove presentments upon which process may be awarded in this Court The Reason why 't is not sufficient to plead the Tenor of Letters Patents or to shew or produce to the Court the Tenor of Letters Patents as in Pages case is resolved is because the Letters Patents are the private conveyance of a particular person and therefore he must plead and shew forth and produce to the Court the Letters Patents themselves and the Tenor thereof was not sufficient at the Common Law But upon nul tiel Record pleaded a Certificate of the Tenor onely and not of the Record it self hath always béen held a sufficient proof of that issue and the Tenor certified is to be filed in this Court and to remain here always to this purpose onely viz. as a proof of this issue but the Record it self remains where it was before to be made use of for any purposes that may happen hereafter The rest of the Iudges were of the same opinion and so Iudgment was given for the Plaintiff De Termino Sanctae Trinitatis Anno 28 Car. secundi 1676. Banco Regis The King and the President and College of Physicians Plaintiffs against Marchamont Needham Defendant THe President and the College qui tam c. brought an action of debt upon the Statute of 14 H. 8. cap. 5. for so much money against the Defendant for practising Physick for so many months without licence of the College whereby he was to forfeit 5 li. per month one moiety thereof to the King and the other moiety to the President and College The Defendant pleaded as to part of the money in the Declaration mentioned nul tiel Record as the said Act of Parliament and as to the Residue of the money the Defendant pleaded nil debet The Plaintiffs demurred to the Barr. The cause of the demurrer was for that the Defendant's plea was double viz. it contained two matters one whereof alone would go in answer to the whole money in the Declaration mentioned and would of it self be a good and full Barr to the Plaintiffs Action in case the said matter be true as the Defendant alledgeth and that is the matter of nul tiel Record and therefore the pleading of nul tiel Record to part onely and the pleading of other matter viz. nil debet to the residue makes the Defendant's plea in Barr to be vicious and to be an ill plea in Law The Councel for the Defendant did then object that the Plaintiffs Declaration is naught 't is an action of debt brought by the President and College qui tam c. upon the Statute and an action of debt doth not lie the Plaintiffs should have brought an information upon the Statute and not an Action of debt upon the Statute for the Statute doth not give an action of debt and therefore an action of debt doth not lie Twisden Iustice answered that an action of debt doth lie by equity and construction of the Statute Jones Iustice said that in the Statute of Tithes in 3 Ed. 6. no action of debt is mentioned and yet an action of debt lies upon that Statute and so here Thereupon Rule was given by the Court that Iudgment should be entred for the Plaintiffs In Mich. Term. Anno Car. secundi xxvi THe College brought their Action against John Bourne to which he pleaded nil debet and upon tryal of the Cause at Guild-Hall before Iudge Twisden the Plaintiffs recovered 40 li. Trin. xxxv Car. secundi THe President and College c. brought an Action of Debt upon the Statute of the 14 of H. 8. against Frederick Harder for practising Physick and thereupon had a Verdict against him at Westm for 25 li. which he paid and the Costs that were taxed The same Term they had a Verdict against Nathaniel Merry for 40 li. and against Richard Stone for 45 li. College Questions resolved by the Lord Chancellor and Judges in the fifth of King James his Reign An. Dom. 1607. THe King 's most Excellent Majesty having directed his Letters to the Right honourable Thomas Lord Ellesmere Lord Chancellor of England and to Sir John Popham Knight Lord Chief Iustice of England and one of his Highness's most honourable Privy Council They the said Lord Chancellor and Lord Chief Iustice by virtue of the same Letters called unto them Sr. Thomas Fleminge Knight then Lord Chief Baron of his Majestie 's Court of Exchequer Sir Thomas Walmesley and Sr. Peter Warburton Knights two of his Majestie 's Iustices of the Court of Common Pleas and Sir David Williams and Sir Laurence Tanfield Knights two of his Majesties Iustices of the King's Bench and after due consideration had both of the Charter of King H. 8. made unto the said President and College of Physicians in the tenth year of his Raign and several Acts of Parliament thereof made one in the 14 year of the same King and the other in the first year of Q. Mary for the ordering and governing of the said College and of all the Practisers in London and 7 Miles compass did on the first of May 1607. at the house of the said Lord Chancellor called York house resolve the several questions hereafter mentioned as is expressed under every Question Tho. Harries These Questions were resolved as is expressed under every question by the right honorable the Lord Chancellor of England Lord Chief Iustice of England the Lord Chief Baron of the Exchequer Iustice Walmesley Iustice Warburton Iustice Williams and Iustice Tanfield being assembled by the King's Majestie 's appointment to examine view and consider of the Charters Statutes and Laws made for the government of the College of Physicians in London and the Practisers of Physick there the first day of May 1607. at the house of the Lord Chancellor Quest 1. Whether Graduates of Oxford and Cambridge may practise in London or 7 miles compass of the same without licence under the said College Seal by virtue of the clause in the end of the Statute of 14 H. 8. and whether that clause hath not relation to the Statute of 3 H. 8. onely or how far it doth extend Resp All resolved that no Graduate that is not admitted and licensed by the President and College of Physicians under their Common Seal could practise in London or within 7 miles compass of the same Quest 2. Whether by Graduates Graduates in Physick onely are to be understood Resp They resolved That the exception in the Statute of 14 H. 8. cap. of Graduates in the two Vniversities is to be understood onely of Graduates of Physick and of no others And all resolved That by that exception those Graduates may practise in all other places of England out of London and 7 miles of the same without examination But not in London nor within the said Circuit of 7 miles Quest 3. If Graduates not admitted to practise in London practise there whether for evil practice or misdemeanour therein they be not subject to the Correction and government
of Aldermen charged the College with Arms whereupon they applied themselves to Queen Elizabeth and her Council upon which Secretary Walsingham wrote a Letter to the Lord Mayor and Aldermen of London that they should no more trouble the College but permit them to live quietly and free from that charge After this they met with no farther trouble or molestation till the Reign of K. James at which time the College being charged with Arms Sir William Paddy pleaded their Privilege before Sir Thomas Middleton Lord Mayor and a full Court of Aldermen and Sir Henry Mountague Recorder an account of which is at large Printed in this Book But the issue thereof was in short the following viz. That the Recorder then perusing every branch of the Statutes recited by Sir William Paddy with the reasons by him urged and opening every part thereof at large did conclude that the Act of Parliament did extend to give the College as much immunity as in any sort to the Chirurgeons Whereupon the Court desired a List of the Members of the College which was immediately given them and an Order entred for a dispensation to the College from bearing of Arms and also a Precept was then awarded by the Mayor and Court to commit all other Physicians or Surgeons refusing to bear or find Arms who were not of the College allowed or Chirurgeons licensed according to form About 3 years after this debate King James granted the College his Royal Charter wherein he confirms all former Statutes and Patents given them by his Royal Progenitors and therein granted To all and every Physician of the College to be wholly and absolutely free from providing or bearing of any Armour or other Munition c any Act or Statute to the contrary notwithstanding After this the College enjoyed this privilege without interruption during the Reign of King Charles the First of glorious memory untill the times of the late Rebellion in which Rights both Civil and Sacred were invaded and our College exposed to publick sale by mercenary Villains But upon the return of his Sacred Majesty He was pleased to take this Royal foundation into his protection and in the 15th year of his Reign gave them his Letters Patents confirming all their former Privileges and endowing them with many new ones amongst which this of being exempted from bearing and providing Arms c. is contained in the following words And we will and by these presents for Vs Our Heirs and Successors do give and grant unto the said President Fellows and Commonalty of the King's College of Physicians and their Successors that all and every Physician and Physicians that now is or are or that hereafter shall be elected and admitted and made a Member of the same College shall from time to time be wholly and absolutely fréed exempt and discharged of and from serving and appearing in any Iury or Iuries for the trial of any matter or cause or taking finding or executing of any Commission or inquisition whatsoever and of and from being or chosen to be Churchwarden Constable Scavenger or any such or the like Officer or Officers and of and from the undertaking execution or exercise of all and every the same and such like Office and Offices place and places and every of them and also of and from all Watch and Ward and of and from bearing and providing Arms within our Cities of London or Westminster or either of them or within 7 miles compass thereof And in case they or any of them shall at any time hereafter by any ways or means be designed appointed nominated or chosen into or to undergo or bear or perform any of the said Office or Offices place or places Duty or Duties or any of them within our said Cities or the Suburbs or Liberties thereof or limits aforesaid That all and every such designation appointment nomination or election shall be utterly void and of none effect Any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding In the Seventeenth of his Majestie 's Reign he was pleased pursuant to his Royal Patent to send the following Letter in behalf of the College by Sir Alexander Frazier his chief Physician the Superscription of which was To our trusty and well-beloved the Lord Mayor of our City of London for the time being and to the Deputy Lieutenants and Commissioners of the Militia of London and Westminster that now are and hereafter shall be and to all other Officers and Ministers whom it may concern CHARLES R. WHereas in conformity to several Grants and Charters made by our Royal Progenitors Kings of England unto the College of Physicians in our City of London We have béen pleased of our especial Grace and Favour to confirm all their ancient Privileges and Immunities with the addition of some further Powers and Clauses for the reguiation of that faculty by our Letters Patent bearing date the 26th of March in the 15th year of our Reign Wherein amongst other things it is exprefly provided and by us granted that every Physician who is or shall be a Member of the said College be frée and exempt and discharged of and from all Watch and Ward and of and from bearing and providing Arms within our Cities of London or Westminster or either of them or within 7 miles compass thereof We have thought fit hereby to acquaint you therewith and with our pleasure thereupon Willing and Requiring you in your several Places and Stations to give effectual orders from time to time that the said exemption from Watch and Ward and from bearing and providing Arms be now and hereafter punctually observed in favour of the Members of the said College within the limits aforesaid And that you suffer them not to be any wise molested on that behalf And for so doing this shall be your Warrant Given at our Court at Whitehall the 28th day of June 1665. in the seventéenth year of our Reign By his Majestie 's Command William Morice This is a true Copy of His Majestie 's Letter Will. Morice Thus by the especial grace and favour of the Kings and Queens of England the College of Physicians have been freed from bearing and providing Arms and though some particular Member may of late have been summoned upon that account by the Lieutenancy yet upon producing his Majestie 's Patent and asserting his Sovereign's Natural right in dispensing with a Corporation of men from bearing and providing Arms which was an inherent prerogative in the Crown and therefore an Act of Parliament was made in 13 Car. 2. 6. positively declaring That the sole and Supreme Power government command and disposition of all the Militia and of all Forces by Sea and Land c is and by the Laws of England ever was the undoubted right of his Majesty and his Royal Predecessors They were freed from any further trouble An instance of which we lately had in the case of Dr. Novell then Candidate of the
College of Physicians who Anno 1680. was summoned to appear before the Lieutenancy of London for not bearing and providing Arms. Upon which Summons attending with the Patent of 15 Car. Secundi Regis nunc The Lieutenancy upon a long debate of this matter desired him to leave a Copy of that part of the Patent which exempted the Members of the said College from bearing and providing of Arms and they would advise with their Councell thereupon ordering the Dr. to attend them their next Committee day in which they promised to give him their positive resolution Accordingly he attended and they told him that they were satisfied that the words of the Patent were sufficient to exempt the Members of the College from bearing and providing Arms and desired that a List of them might be given in under the College Seal which was accordingly done The Opinion of Sir Francis Pemberton late Lord Chief Justice of the Common Pleas as to the College's finding Arms given under his hand April 1680. Quest Whether the King may not excuse the College from finding Arms by virtue of his Letters Patent granted after an Act of Parliament which requires all persons to find Arms without exception Ans I conceive his Majesty may by his Patent excuse the College from finding Arms if he think sit The Opinions of Sir Edmund Saunders late Lord Chief Justice of England and Mr. Holt given under their hands upon the same account An. Dom. 1682. Quest Whether the general clause of Non obstante in the King's Letters Patent concerning the College of Physicians expressed in these words And we will and by these presents for Vs Our Heirs and Successors do give and grant unto the said President Fellows and Commonalty of the King's College of Physicians and their Successors that all and every Physician and Physicians that now is or are or that hereafter shall be elected admitted and made a member of the same College shall from time to time be wholly and absolutely fréed exempt and discharged of and from bearing and providing Arms within our Cities of London or Westminster or either of them or any of the Suburbs or Liberties of the same Cities or either of them or within 7 miles compass thereof Any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding doth operate upon the Acts of Parliament of the 13 14 and 15. years of his now Majestie 's Reign for regulating the Militia and thereby exempt the Members thereof from bearing or providing Arms according to the purport of the said Acts they being not by name mentioned in the said clause of Non Obstante Sir Edmund Saunders his Opinion The Patent doth discharge the Physicians from bearing or providing of Arms notwithstanding the Militia Act. Mr. Holt his Opinion I conceive by the Patent all the Members of the College are exempted from being at any charge to wards the Militia FINIS AN HISTORICAL ACCOVNT OF THE COLLEGE'S Proceedings AGAINST EMPIRICKS AND Unlicensed Practisers c. In every Prince's Reign from their first Incorporation to the Murther of the Royal Martyr King Charles the First By CHARLES GOODALL Dr. in Physick and Fellow of the said College of Physicians LONDON Printed by M. Flesher for Walter Kettilby at the Bishop's Head in St. Paul's Church-Yard 1684. TO THE RIGHT WORSHIPFULL Dr. Whistler PRESIDENT The Censors and Fellows of the College of Physicians in London 'T Is now about 165 years since your College was first founded by Royal Authority The causes which moved the renowned Princes King Henry 8. Q. Mary Q. Elizabeth King James and our present Sovereign whom God long preserve to stamp such eminent characters and signal marks of their Royal favour and bounty upon you cannot be unknown to those who have read over the Acts of Parliament passed in two Princes Reigns with the Charters granted by others and Printed in this Book In which you may find it thus expressed That they out of their Princely wisedom deeply considering and by the example of Foreign well-governed States and Kingdoms truly understanding how profitable beneficial and acceptable it would be unto the whole body of this Kingdom of England to restrain and suppress the excessive number of such as daily professed themselves learned and profound Practisers in the faculty of Physick Whereas in truth they were men illiterate and unexperienced rather propounding unto themselves their private gain with the detriment of this Kingdom than to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilfull practisers those that were learned grave and profound practisers in that faculty should receive more bountifull reward and also the industrious Students of that profession would be the better encouraged in their studies and endeavours c. Vpon these and many other weighty Motives causes and considerations recited at large in the forementioned Acts and Charters did our Kings and Queens of England erect found and establish a College Commonalty or Incorporation of Physicians in the City and Suburbs of London and for 7 miles every way in distance from the same to be remain and have existence for ever Now much honoured Collegues How far you have answered the great and noble ends of these Princely favours and Royal Grants will fully appear in this book I mean as to the primary cause of your Incorporation viz. The restraining and suppressing illiterate unexperienced and unlicensed practisers As to the Second viz. How far you and your predecessors have answered the Character of learned grave and profound practisers in the faculty of Physick will in some measure appear in this Epistle wherein I have endeavoured to give a true though brief account of several memorable passages relating to the Lives and Works of some of the eminent Physicians of this College This is a work I must confess more fit for a large Volume than an Epistle a work which I hope in due time may be attempted by a more able and elegant pen than I can pretend to and that because I know there want not good materials to encourage such an honourable and worthy undertaking several Authours having already written somewhat memorable of the Worthies of this our Royal College our own Annals acquainting us with much more and the learned Dr. Hamey having left behind him in a Manuscript of his own writing the lives of above 50 of them Some of which were highly valued for their knowledge in the learned Languages others for being general Scholars polite Latinists accurate Grecians eloquent Oratours great Antiquaries and deep Philosophers Others for the improvement of their own faculty in the Theoretick and Practick Anatomick and Spagirick parts thereof that they were and are no less valued and esteemed in other Countries than in their own having by their matchless and most incomparable works not onely merited but obtained the name of immortal Some are admired and read in foreign Vniversities as Hippocrates and Galen
Brook Lord Chief Justice of the Common Pleas. To all Justices Mayors Sherifes Bailifes Constables and other Ministers and Officers and to all other to whom it apperteyneth the Praesident and College of Physicions in London sendeth gretyng WHere it hath pleased our late Soveraigne Lord and King of famose memory Henry the Eight with the consent of his Parliament holden at Westminster in the 14 and 15 of his gratiose reigne And our Soveraigne Lady Queen Mary with the consent of hir Parliament holden at Oxford in the first yere of his Reigne to give authority unto us the Praesident and College of Physicions in London for the helth and safetie of their Subjectes to survey oversee examyn judge correct and govern al Physicions foren and others together with their Medicines which practise within the City of London the Suburbes of the same seven miles compasse and the rest of England with authorite to committe al offenders against the said Actes for their offenses or disobediences to all their Prisons And comandement to yow all upon request to yow made by us to helpe aide and assiste us and all persons by us from time to time authorised for the due execution of the said Actes and Statutes upon payne for not gevyng such aide and assistence to runne in contempt of the Quenes Majeste her heires and successors We desire yow all and by virtue of the Lawes abovementioned do require yow and every one of yow as you tendre the good meanyng and due execution of the said Actes and Lawes and also your owne healthes lyves and sanitie of your Cuntres that yow aide and assiste our welbelovyd N. by us authorised in al such thinges as he shall require your aide and helpe for the due execution of the said Actes and Lawes for that we understand by complayntes made unto us that many lewde undiscreete and unlearned persons as wel strangers as of our owne nation be resident in your Cities Townes and Countreis and others wandryng about in the same with chaungeable names and false medicines to your gret abuse deceyte of the Kynges people and losse of goods and lyves of the same Yeven at our College in London under our commune Seal the xxth day of Septembre in the yeare of our Lord God 1556. And in the third and forth yeare of the Reigne of Philip and Mary by the grace of God Kynge and Quene of England Spayne Fraunce both Sicilies Ierusalem and Irelande Defendors of the Faith Archdukes of Austrie Dukes of Millane Burgundy and Brabant Counties of Haspurge Flaunders and Tyrolle According to the purport of the forementioned Letter the College constituted seeral Visitors to whom they granted authority in their name that they should not suffer any to practise Physick throughout England unless such as had taken their degrees in Cambridge or Oxford without grace or were licensed by them or the College under their publick Seals All others were obliged to enter into recognisance that they would not practise till they had been examined and approved by the President and Elects of the College under their Hands and Seals Such as did refuse to give obedience to these Laws were by the Justices Mayors and other Officers committed to Prison till they submitted to the due execution of them In the third year of the Queen's Reign the Surgeons and Apothecaries were prohibited the practising of Physick and the latter required that they should not divulge the names of Medicines nor deliver Physicians Bills to the Patients they often proving of dangerous consequence to them Several Empiricks were likewise prosecuted and punished and others forced to flee the Town In the 4th year of the Queen's Reign the College summoned before them the Wardens of the Grocers and all the Apothecaries of London and the Suburbs thereof and enjoyned them that when they made a dispensation of Medicines they should expose their several Ingredients of which they were compounded to open view in their shops for 6 or 8 days that so the Physicians passing by might judge of the goodness of them and prevent their buying or selling any corrupt or decayed Medicines the Wardens as well as the Apothecaries were willing to submit to the judgment of the Censors in this affair After this the following Letter from the Queen was read to the Wardens and Apothecaries To our trustye and welbelovyd the President and College of Physicians within our City of London TRustie and welbeloved we grete yow well And where our derest Father King Henry the Eight by his Acte of Parlament in the xxxii yere of his Reigne did give full Authorite and powre unto the President for the tyme beyng of the College of Physicions in London and the Commones and Felowes of the same and their Successors that thei yerely at such tyme as thei shuld thinke mete might serche view and examyne al such Poticary wares and drugs as the said Poticaries have or at any tyme after shuld have and thereof all such druggs as they shuld finde unholsome and corrupted to burne and destroye accordyng to the meanyng and purporte of the said Acte confirmed and enlarged by us the said Quene in our Parlament in the first yere of our Reign We consideryng how necessarie it is that the said Acte sholde be executed for divers considerations towching healthe and saulftye of our liege people and for the avoyding of the like daunger and gret inconveniences that may herafter chance and were like to have chaunced lately to one of our Nobilite by ignorance of the Byar and negligence of the Seller of certeyn wares Doe streightlye wyll and command yow not onlie from henseforthe to put the said Acte in dewe execution but also by theis presents doe give you like charge and therewith full power and authorite to call and convent before yow the Wardens of the Grocers and al the Apothecaries within the limitts and precincts of your liberties and priviledges to yow graunted by us and our Progenitors and the Parlaments above specified and them streightly to charge and commande by authorite herof that from tyme to tyme hensforthe nether thei nor anye of them do entreprice to sell or retayle any such wares drugge or druggs as hath in theim anie spice of venome or suspicion of poyson or such other as by the receivyng of them at the handes of anie unlerned or of anie malitiouse or evyll disposed person maie by anie meanes greviously hurte or put in perille or daunger of lief anie of our Subjectes of what estate or degre soever he or thei be Onlesse the seller of anie of the said druggs be well assured of the honestie true dealyng and good intent and skille of the byar And first examyn the same for what intent or purpose he buyth the same and therewithall to note the name of the buyer and tyme of the buying Or else that the said Grocer or Apothecarie have with him remainyng the hand-writing of some discrete well lerned and authorised Physician for his discharge Willing
time to time authorized for the due execution of the Acts and Statutes in that behalf made upon pain for not giving such aid help and assistance to run in contempt of the King's Majestie his Heirs and Successors Now forasmuch as we have been enformed by the President of the College that there are sundry unskilfull persons within the precincts and limitts aforesaid who doe use and practise the said faculty contrary to the same Statutes of this Realm in that case provided and to the great peril and danger of the lives of many of his Majestie 's subjects These are to will and require you and in his Majestie 's name streightly to charge and command you that henceforth at all time and times you according to the tenour of the said Act be aiding and assisting to the said President and to those that shall be lawfully authorized by the said President and College for the apprehending of all such persons as shall unlawfully use and practise the said faculty within the limits aforesaid contrary to the intent and meaning of the Statutes aforesaid when they or any of them shall give you notice of and require and thereupon to bring them before the said President or those authorised as aforesaid to their College there to be examined and proceeded against as to the Law in that case shall appertain Whereof fail you not as you and every of you will answer the contempt in that behalf made Yeven under our hands at Whitehall the xxiiiith day of July An. Dom. 1609. and in the seventh year of the Reigne of our Sovereign Lord James by the grace of God King of England France and Ireland Defender of the Faith c. and of Scotland the two and fortieth R. Cant. T. Ellesmer Canc. R. Salisbury H. Northampton T. Suffolk W. Knollys J. Stanhope Jul. Caesar Tho. Parry Tho. Fleming Jo. Corbet About 13 years after the King was pleased to send a Letter to the President and Censors of the College requiring them to summon all illegal and ignorant practitioners in order to examine their sufficiency and to punish the insufficient according to the Laws in that case provided The Contents of which are as follow To our trusty and welbeloved the President and Censors of the College of Physicians within our Cittie of London JAMES R. TRusty and welbeloved We greet you well Whereas the Art of Physick by many unlearned men making gain by the profession thereof to the great hurt and prejudice of many of our loving subjects is much abused in many places in this our Realm but especially in our City of London and the Suburbes thereof the government whereof as touching the practice of the said Art and the practitioners thereof being by the Lawes and Statutes of the Realme committed unto you the President and Censors of our College of Physicians and you having also from us by our Letters Patents more ample authority for the suppression and correction of such Delinquents We therefore minding so farre as in us lyeth the speedy reformation of all such abuses and inconveniences do by these presents as heretofore yet more strictly charge and command you the President and Censors aforesaid to call before you all such irregular and ignorant Practitioners as contrary to our Lawes and authority do abuse that Art and to examine their sufficiency and such as you shall find not sufficient to punish for their said practice according to our Lawes in that case provided And whereas we are credibly given to understand that many having been punished and warned by you to desist from any further practice do yet obstinately notwithstanding persist in the former contempt of our Laws and commandments We will and command you that you proceed against such Delinquents with all severity according to the tenor of our said Letters Patents and the due course of our Lawes by fine and imprisonment or by causing them to enter into Recognisances with condition restraining them to offend any more or otherwise as the case shall require and is agreeable to Iustice And our will and pleasure is that such offendors as shall be so imprisoned shall there remaine without being enlarged unlesse it be upon their conformity and submission to you the said President and Censors or other due course of Law Wherein we require all our Iudges and Iustices that they be very carefull and circumspect not to do any thing that may give encouragement to such offendors by enlarging any such too easily without due examination of the causes of their Commitment first calling thereto the President and Censors or some of them to declare the true reasons and causes thereof And whereas we are given to understand that oftentimes upon the sollicitation of some or other friend or person of Quality suiter to you for the sad Delinquents after their conviction you have been moved to wink at their faults and neglect their punishment to the great prejudice of the health of many of our poor subjects Our will and pleasure is and we do hereby streightly charge and command you that henceforth neither for favour friendship or respect of any you forbeare the just censure and punishment due by our Lawes to such Delinquents as you shall answere us on the contrary at your peril and that you require the aide and assistance of the Lord Mayor and Aldermen of our City of London whom by our Letters we have so required to do for your better expedition in the execution of this our Royal will and commandment not doubting but that you with more care will seek to suppresse such intolerable abuses and satisfy our trust in this case committed to you Given under our signet at our Palace of Westminster the second day of July in the twentieth yeare of our reign of England France and Ireland and of Scotland the five and fiftieth At the same time another Letter was sent from the King to the Lord Mayor Aldermen and Justices of London the Copy of which is the following WHereas in the time of our Predecessors of famous memory by several Acts of Parliament as also by our late Charter there hath been sufficient provision and power given and granted to the College of Physicians in London to reforme and suppresse all and singular unlawfull and unlearned practitioners in Physick and hearing neverthelesse that divers unskilfull and unlearned men and women do rashly adventure to enter into the practice of Physick to the great danger and hurt of our subjects We therefore now finding that neither Acts of Parliament nor our Charter heretofore granted have for want of execution wrought such good effects as we wish alwayes for the good of our subjects do by these presents charge you the Lord Mayor Aldermen and Iustices of peace within our City of London and the precincts that with all readynesse you do aide and assist the President and Censors for the time being of our College of Physicians in London or such Officers as the President and the said College
Interdicted practice 310 364 440. required to give bond not to practise 354. discommuned 375 438 440 443. Certificates given by the Censors against practising Apothecaries 427 471. Sued for practice 415 416 417 418. Fined or fined and imprisoned for the same 333 340 351 354 364 375 403 406 407. Their Apprentices not to be examined but at the College 439. Refused examination when not first examined by their own Company 466. Arms Collegiates discharged from bearing or providing Arms 58 115 282 323 378. C. Cambridge Dr. Winterton Professor of Physick there refused to give Licences to some and incorporation to a Leyden Dr. and why 443 444. He resolved against giving any Licences without keeping an Act 444. Cases reported Dr. Bonham's by Coke p. 178. by Brownlow 202. Butler's by Jones 221. Croke 225. Littleton 229. Huybert's  267. Needham's  273. Censors They are yearly to be chosen out of whom and by whom 9 70 75. Their office and power to examine persons and medicines 9 44 49 88. Their power to search Apothecaries shops and to burn or destroy corrupt or defective medicines 18 19 33 49 92 305 308. To punish for making bad medicines or not according to Physicians prescriptions 49 50 51 95. To summon Apothecaries c. to testifie against illegal practisers and to punish them upon refusal 47 48 50 90 91 93 94. To supervise practisers and to summon censure or punish any of them offending 44 45 86 87. To impose fines 9 32 44 46 50 51 84 89 91 94 95 279 280. To imprison 9 31 32 44 46 50 84 89 95 111 112 279 280 343 344. In what cases they have power to fine and imprison and in what not 188 189 195 207 215 216 217 279 280. How the first of Q. Mary hath enlarged their power 198. Several things to be observed for their better direction 200 219. They may commit to prison upon refusing examination if an ordinance of the College be made to that purpose 280 281. No Action of false imprisonment can lie against them for committing for unskilfull or temerarious practice 281. They may sue for two years practice 419. The form of a Censors Warrant to imprison 467 468. To discharge from prison 351. They are sworn duly to execute their Office 80. They are to take the Oaths of Obedience and Supremacy ibid. They may be removed and for what causes 76 78. Charter of H. 8. why granted p. 6 7. recited in other Charters and in trials with Empiricks 38 39 62 63 148 164. Charter of Q. Elizabeth 35. Charter of K. James why granted 40. The King promised to consent to a bill in Parlament for confirmation thereof 59. Charter of our present Sovereign K. Charles 2. why granted and at whose humble petition 66 67. The King promised to consent to a bill in Parliament for confirmation thereof 116. Charter of K. James to the Apothecaries 119. College of Physicians why and when made a Body Corporate within London and 7 miles thereof p. 6 7 10 11 37 38 62 148. They shall have perpetual succession and a common Seal 8 68 69. They shall be of ability to purchase lands 8 57 68 114. They may sue and be sued 8 42 68 107. They may make lawfull Assemblies and Ordinances for Government 8 53 54 83. None shall practise Physick in London or 7 miles unless he be admitted by the College 8 9 85. Not to be summoned on Iuries and to be exempted from watch and ward and all Parish Offices 10 17 18 115. To have a Hall 53 82. To have a Register 55 109. To appoint other Officers and to give them an Oath 56 110. To remove them upon just cause 56 110. Power to take Recognizances to the King 57 110 111. The King's moiety given to the College 43 106. All fines given to the College 51 52 106. 6l per an to be paid into the Exchequer for and in respect of the King's moiety and fines c. 60 108. The College hath power to remove any of the Elects Censors or Fellows and why 56 78. Not less than 15 can make a College 83. Any of the Physicians in London may practise Surgery 20. Power to punish by fine or imprisonment 84. Their Charter confirmed by Acts of Parliament Royal Patents and adjudged Cases 11 31 35 39 40 41 64 115 116 152 159 163 164 169 172 180 197 205 215 221 229 230 245 250 276. All fines except 10 l. and 5 l. per mens to go to the poor charges first deducted 107 108. Copies of several of their Declarations agianst Empiricks and illegal practisers 147 164 178 202 261. Their Declaration may be in the name of the President and not of the College and yet good 223 225 251 256. They may either bring their Action or exhibite an Information 217 229. This information may lie in any of the King's Courts of Westminster notwithstanding the Statute of the 21 K. Jac. c. 4. 233 234 243 256. The College may imprison for breach of private Statutes and impose reasonable fines thereupon and continue Delinquents in prison till paid 279. They may take a reasonable Sum upon admissions 279. A Letter writ by them against the admission of Dr. Saul to be the Queen's Physician 357. Their opinion required about the death of a Noble Lady 381. About a Patent to be granted for the cure of Ruptures 395. About a person suspected to be poisoned 428. Concerning one pretending great cures as being the seventh Son 446 447 c. E. Elects Eight appointed by Act of Parliament p. 11. Their power what 11 12. Ten appointed by the last Charter 70. their names 71. They may be removed and why 77 78. They should take the Oaths of Obedience and Supremacy 80. Elections They are duly to be made 72. Each Fellow hath his single voice 79. Where voices are even a casting voice is allowed the President ibid. Empiricks Their several pleas 154 222 265. Butler's plea for practice was the 34 35 H. 8. c. 8. p. 222 226 229. The College's Answer 222 226 229. Butler demurrs and why 222 226 230. Errours assigned by him 222 223 225. Iudgment given against him 222 223 224 228 259. How Butler exceeded the licence of the 34 35 H. 8. p. 234. Gardiner's plea the same 154 156. The President 's reply 157. He pleads the insufficiency of that answer 158. The President defends it ibid. A judgment given against Gardiner by the Court of Kings Bench upon the Charter of 10 H 8. and the Statutes confirming it 159. He moves for an arrest of judgment and why 161 162 163. The Court upon hearing the Record adjudged for the College 163. Huybert The College's Declaration against him 261 267. His plea viz. that the 14 15 H. 8. was no Statute 265 267. The College's reply 265. The Record of the 14 15 H. 8. brought out of Chancery to the Court of King's Bench by Mittimus 267. Huybert's Council objected that this was no Act
Presiden ' qui tam c. per Cur ' domini Regis hic ex assensu suo adjudicat ' Et predictus Thomas Bonnam in misericord ' c. Quod quidem Recordum coram nob ' sic habitum duximus exemplificand ' In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste Thoma Flemynge apud Westm ' Tertio decimo die Februarii Anno regni nostri Anglie Franc ' Hibernie sexto Et Scotie quadragesimo secundo Byng Byng Dr. Bonham's Case as reported by Sr. Edward Coke late Lord Chief Justice of England Hill 7. Jacobi In the Common Pleas p. 585. Edit 1680. THomas Bonham Doctor in Philosophy and Physick brought an Action of false imprisonment against Henry Atkins George Turner Thomas Moundford and John Argent Doctors in Physick and John Taylor and William Bowden Yeomen For that the Defendants the 10 of Novemb 4 Jacobi did imprison him and detain him in Prison by the space of 7 days The Defendants pleaded the Letters Patents of King Henry the 8. bearing date the 23 of September in the 10 year of his Reign by which he reciteth Quod cùm regii officii sui munus arbitrabatur ditionis suae hominum foelicitati omni ratione consulere id autem vel imprimis fore si improborum conatibus tempestivè occurreret c. By the same Letters Patents the King granted to John Chambre Thomas Linacre Ferdinando de Victoria John Halswell John Frances and Robert Yaxley quòd ipsi omnesque homines ejusdem facultatis de in Civitate London sint in re nomine unum corpus communitas perpetua per nomen Presidentis Collegii sive communitatis facultatis medicinae London c. And that they might make méetings and Ordinances c. But the Case at Bar doth principally consist upon two clauses in the Charter The first Concessimus etiam eisdem Presidenti Collegio seu Communitati successoribus suis quòd nemo in dicta Civitate aut per septem milliaria in circuitu ejusdem exerceat dictam facultatem Medicinae nisi ad hoc per dict' President ' Communit ' seu successores suos qui pro tempore fuerint admissus sit per ejusdem Presidentis Collegii literas sigillo suo communi sigillat ' sub poena centum solidorum pro quolibet mense quo non admissus eandem facultatem exercuerit dimidium inde domino Regi haeredibus suis dimidium dict' Presidenti Collegio applicand ' c. The second clause is which immediately followeth in these words Preterea voluit concessit pro se successoribus suis quantum in se fuit quod per President ' Collegium predict ' Communitat ' pro tempore exist ' eorum successores imperpetuum quatuor singulis annis per ipsos eligerentur qui haberent supervisum scrutinium correctionem gubernationem omnium singulorum dict' Civitatis medicorum utentium facultat ' Medicinae in eadem Civitate ac aliorum Medicorum forinsecorum quorumcunque facultatem illam Medicinae aliquo modo frequentantium utentium infra eandem Civitatem Suburbia ejusdem sive infra feptem milliaria in circuitu ejusdem Civitatis ac punitionem eorundem pro delictis suis in non bene exequend ' faciend ' utend ' illa nec non supervisum scrutinium omnium Medicinarum earum receptionem per dictos Medicos seu aliquem eorum hujusmodi ligeis dict' nuper Regis pro eorum infirmitatibus curand ' sanand ' dand ' imponend ' utend ' quoties quando opus fuerit pro commodo utilitat ' eorundem ligeorum dicti nuper Regis Ita quod punitio eorundem Medicorum utentium dict' facultate Medicinae sic in premiss delinquentium per fines amerciamenta imprisonament ' corporum suorum per alias vias rationabiles congruas exequeretur as by the said Charter more fully appeareth And that by force of the said Letters Patents The said Thomas Chambre Thomas Linacre c. and all the men of the same faculty in the said City were unum Corpus communitas perpetua sive Collegium perpetuum And afterwards by Act of Parliament An. 14 H. 8. It was enacted That the said Corporation and every Grant Article and other things in the said Letters Patents contained and specified should be approved granted ratified and confirmed in tam amplo largo modo prout poterit acceptari cogitari constitui per easdem Literas Patentes And further it was enacted That the said six persons named in the said Letters Patents as Principal of the said College and two others of the said College should be named Electi and that the said Elects should chuse one of them to be President as by the said Act appeareth And further they pleaded the Act of 1 Mariae by which it is enacted Quod quaedam concessio per Literas Patentes de incorporation ' fact ' per predict ' nuper Regem Medicis London omnes clausulae articuli content ' in eadem concessione approbarentur concederentur ratificarentur confirm ' per praedict ' nuper Parl ' In consideratione cujus inactitat ' fuit authoritate ejusdem Parliamenti quòd praed ' Statut ' Act ' Parliament ' in omnibus Articulis Clausulis in eodem content ' extunc imposterum starent continuarent in pleno robore c. And further it was enacted That whensoever the President of the College or Commonalty of the faculty of Physick of London for the time being or such as the said President and College shall yearly according to the tenor and meaning of the said Act authorize to search examine correct and punish all offenders and transgressors in the said faculty c. shall send or commit any such offender or offenders for his or their offence or disobedience contrary to any Article or Clause contained in the said Grant or Act to any Ward Gaol or Prison within the same City the Tower of London except that then from time to time the Warden Gaoler or Kéeper c. shall receive c. such person so offending c. and the same shall keep at his proper charge without Bail or Mainprize untill such time as such offender or disobedient be discharged of the said imprisonment by the said President and such persons as shall be thereunto authorized upon pain that all and every such Warden Gaoler c. doing the contrary shall lose and forfeit the double of such Fines and amerciaments as such offender and offenders shall be assessed to pay by such as the said President and College shall authorize as aforesaid so that the Fine and amerciament be not at any one time above the sum of 20 pound the one moiety to the King the other moiety to the President and College c. And further pleaded That the said Thomas Bonham the
10th of April within London against the form of the said Letters Patents and the said Acts exercebat artem Medicinae non admissus per Literas praed ' Praesidentis Collegii sigillo eorum communi sigillat ' ubi revera praed ' Tho. Bonham fuit minus sufficiens ad artem Medicinae exercend ' By force of which the said Thomas Bonham 30 April 1606. was summoned in London by the Censors or Governours of the College to appear before the President and Censors or Governours of the College aforesaid at the College c. the 14 day of April next following super praemissis examinand At which day the said Thomas Bonham came before the President and Censors and was examined by the Censors de scientia sua in facultate sua Medicinae administrand ' Et quia praed ' Thomas Bonham sic examinatus minus apte insufficienter in praed ' arte Medicinae respondebat inventus fuit super examinationem praed ' per praed ' Praesident ' Censores minus sufficiens inexpert ' ad artem Medicinae administrand ' ac pro eo quod praed ' Tho. Bonham multotiens ante examinatus interdictus per ipsum Praesident ' Censores de causis praed ' ad artem Medicinae administrand ' per unum mensem amplius post talem interdictionem facultatem illam in Lond ' praed ' sine licentia c. ideo adtunc ibid ' consideratum fuit per praed ' Praesident ' Censores quod praed ' Tho. Bonham pro inobedientia contempt ' suis praed ' amerciaretur to 5 li. in proximis Comitiis praed ' Praesident ' Collegio persolvend ' deinceps abstineret c. quousque inventus fuerit sufficiens c. sub poena conjiciendi in Carcerem si in praemissis delinqueret And that the said Tho. Bonham 20 Octob. 1606. within London did practise Physick and the same day he was summoned by the Censors to appear before the President and them the 22 of Octob. then next following at which day Bonham made default Ideo consideratum fuit per praed ' Censores That for his disobedience and contempt he should be amerced to 10 li. and that he should be arrested and committed to custody And afterwards the 7 Novemb. 1606. the said Tho. Bonham at their assembly came before the President and Censors and they asked him if he would satisfie the College for his disobedience and contempt and submit himself to be examined and obey the censure of the College who answered That he had practised Physick and would practise Physick within London asking no leave of the College and that he would not submit himself to the President and Censors and affirmed that the President and Censors had not any authority over those who were Doctors of the Vniversity For which cause the said 4 Censors sc Dr. Turner Dr. Moundforde Dr. Argent and Dr. Dun then being Censors or Governors pro offensis inobedientia praed ' adtunc ibid ' ordinaverunt decreverunt quod praed ' Tho. Bonham in Carcerem mandaretur ibid ' remansur ' quousque abinde per Praesident ' Censores seu gubernatores Collegii praed ' pro tempore existen ' deliberaretur And there then by their warrant in writing under their common Seal did commit the Plaintiff to the prison of the Counter in London c. without Bail or mainprize at the costs and charges of the said Thomas Bonham untill the said Thomas Bonham by the Warrant of the President and Censors of the said College or their Successors was delivered And Dr. Atkins then President and the Censors and Bowden and Taylor as their servants and by the commandment of the said President and Censors did carry the Plaintiff with the Warrant to the Gaol c. which is the same imprisonment The Plaintiff replied and said That by the said Act of 14 H. 8. it was further enacted And where that in the Dioceses of England out of London it is not like 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 Physick through England untill such time that he be examined at London by the said President and thrée of the said Elects and to have from them Letters Testimonial of their approving and examination Exeept he be a Graduate of Oxford or Cambridge which have accomplished all things for his form without grace And that the Plaintiff in the year of our Lord 1595. was a Graduate sc a Doctor in the Vniversity of Cambridge and had accomplished all things concerning his degrée for his form without grace by force whereof he had exercised and practised Physick within the City of London until the Defendants had imprisoned him c. upon which the Defendants did demur in Law And this case was often argued by the Sexjeants at Bar in diverse several Terms And now this Term the case was argued by the Iustices and the effect of their arguments who argued against the Plaintiff which was divided into thrée parts shall be first reported The first was whether a Doctor of Physick of the one Vniversity or the other be by the Letters Patents and by the body of the Act of 14 H. 8. restrained to practise Physick within the City of London c. The second was If the exception in the said Act of 14 H. 8. hath excepted him or not The third was That his imprisonment was lawfull for his said disobedience And as to the first they did rely upon the Letter of the 〈◊〉 ratified by the said Act of 14 H. 8. which is in the negative sc Nemo in dicta Civitate c. exercea◠dictam facultatem nisi ad hoc per praedict Praesidentem communitatem c. admissus sit c. And this proposition is a general negative and Generale dictum est generaliter intelligendum and nemo excludeth all and therefore a Doctor of the one Vniversity or the other is prohibited within this negative word Nemo And many cases were put where negative Statutes shall be taken strictè exclusivè which I do not think here necessary to recite Also they said that the Statute of 3 H. 8. cap. 11. which in effect is repealed by this Act of 14 H. 8. hath a special Proviso for the Vniversity of Cambridge and Oxford which being here left out doth declare the intention of the makers of the Act that they did intend to include them within this general Prohibition Nemo in dicta Civitate c. As to the Second point they strongly held that the said latter clause And where that in the Dioceses of England out of London c. this clause according to the words doth extend onely to places out of London and so much the rather because that they purview for London before