the Diseases Sores and Maladies aforesaid and all other like the same and drinks for the Stone Strangury or Agues And that he for the space of 30 years had experience of the nature of Herbs c. and so according to the Statute And as to any practice aliter vel alio modo Non Culpabilis Vpon which Issue was taken But to the institution upon the Statute the Plaintiff replies that it was enacted 1 Mariae cap. 9. that the Statute of 14 H. 8. with every Article and Clause therein shall stand and continue still in full strength force and virtue Any Act Statute c. made to the contrary notwithstanding And upon this the Defendant demurred and assigned for Cause that the Replication was a departure Henden for the Defendant and he argued 3 points First that the Statute of 34 H. 8. stands good notwithstanding the Statute of 1 Mariae and is not taken away thereby but is still in as good force as if the Statute 1 Mariae had never béen made By the Letter of 1 Mariae it is plain that it was but a Confirmation of the 14 H. 8. for it approves and ratifies the same and then the 34 is not touched thereby And he cited the Countess of Leicester's Case in Plow Com. A man is attainted of Treason which is confirmed by Parliament this Confirmation does not repeal any thing done after the Attainder 2. This Statute of 14 H. 8. doth not extend to the practice of Physick limited by the 34 H. 8. But this is left at large out of 14 H. 8. which he proves first upon the reason and ground upon which the 34 H. 8. was made and this was not to meddle with the 14 H. 8. cap. 5. but to repeal 3 H. 8. cap. 11. which Statute provides generally for the practice of Physick and Surgery for any part of Surgery may attend upon Physick and that none may practise there without allowance of the Bishop of London calling to him 4 Doctors Now the Statute of 14 H. 8. repeals this in three main points as to the practice of Physick but doth not meddle with Surgery or external applications Then follows the Statute of 34 H. 8. and prescribes a form to them to which the 14 doth not extend to wit by outward applications 2. Because that the Statute of 34 recites the Stat. of 3 H. 8. whereby power was given as aforesaid and repeals it then if the Statute 34 intended that this was within 14 it might have repealed this as well as the Statute 3. But because that Surgery was clearly out of the Statute of 14. it repeals the 3 H. 8. and allows 14. 3. The mischief repealed by the 34. for what end was it made It repeals no misdemeanors of Physick but of Surgeons which out of Covetoufness restrain all persons which may apply outward Medicines and so abuse the privilege given to them so that 34. saith that every person may apply outward Medicines such as require not an Apothecary as for the Stone Strangury c. so that the 14 extends to Physick made by Apothecaries 4. If this were within the 14. there is a branch within 34 that repeals 14. to this purpose Any other Act to the contrary notwithstanding But he conceived the 14. doth not extend to the Statute of 3. because it repeals this expresly and for suretiship sake all others Secundo Admit the Statute of 1 Mariae take away the practice of Physick given by 34 H. 8. then the replication is a departure 14 H. 8. gives pain and forfeiture against every one who c. 34. enlargeth the liberty of practising of Physick in certain cases 1 Mariae takes away 34. and maintains 14 H. 8. But 1 Mariae ought to have béen contained within the Declaration upon these reasons 1. The Letters Patents to the College without the Aid and Confirmation of the Act of Parliament had béen void and he cited 11 Rep. Taylor of Ipswich Case Every graunt that restrains frée trade or exercise of a faculty is void And Mich. 3 Jac. rot 438. B. R. Langton's Case was adjudged accordingly that the Letters Patents without the Act of Parliament shall be void If the 14 H. 8. then had béen repealed and 1 Mariae had revived it the Information ought to be exhibited upon 1 Mariae because that it is a new Law or it shall be a departure 2. Whatsoever is alledged in the Replication by the Plaintiff which is new matter and hath not béen alleged in the declaration is a departure and the same reason of the Bar and Rejoynder But the Statute of 1 Mariae if it extends to reviving is new matter Dyer 167. Debt upon obligation and the Defendant pleads a Release c. see the Case Ass pl. 86. Trespass for Battery alleged to be done 17 E. 3. The Defendant pleads a Release the Plaintiff replies it was by Dures this is a Departure which is our Case in effect for here is new matter And Fulmerston's and Steward's Case Pl. Com. 105. b. in Trespass the Defendant pleaded a release by the Abbot for 50 years the Plaintiff replied and shewed the Stat. of 31 H. 8. which enacts that all such Lands shall be in the same condition as they then were before the other part of the Statute which makes Releases good for 21 years and so relies upon that this is a departure 6 H. 7. 8. If the Replication inforce the declaration it is not a departure but if it contain new matter it is a departure 3. The body of the Information is likewise insufficient and cannot lie in this Court for the Letters Patents give the forfeiture of 5 li. for a Month for practising without licence and do not limit where the action shall be brought to recover it nor the Court where the suit shall be and therefore one may sue in any Court 6 Eliz. Dyer 36. cited in the 6 Rep. Gregorie's Case If it be in any Court of Record it shall be intended of the Courts at Westminster but if it be left at large then they may sue in any Court. And the same diversity is taken in Kelloway 3 H. 8. as it is there Cited If one may sue in another Court then as before Iustices of Oyer and Terminer or Iustices of Assize The Stat. 21 Jac. cap. 4. which limits and confines all Actions and Informations upon Penal Statutes which before 21 Jac. might have béen before Iustices of Assize of Oyer and Terminer c. shall afterwards be brought onely within the proper County And although divers Informations have béen brought by the College of Physicians upon this Statute yet they were before the Statute of 21 Jac. But I do not deny if the offence had béen done in Middlesex that then the Information might be here notwithstanding the Statute 21 Jac. as in 5 Jac. Beane and Dedges Case or by the 21 Eliz. cap. 5. it is enacted that any Action to be
Westm ' usque diem Jovis prox ' post octabas sancti Hillarii de Judicio suo de super premissis audiendo c. eo quod Cur ' domini Regis hic inde nondum c. Ad quem diem coram domino Rege apud Westm ' ven ' partes predicte per Attornat ' suos predictos Et quia Cur ' domini Regis hic de Judicio suo de super premissis predictis reddend ' nondum advisatur dies ulterius inde dat' est partibus predictis coram domino Rege apud Westm ' usque diem Mercurii prox ' post xviij Pasche de Judicio inde audiend ' c. eo quod Cur ' domini Regis hic inde nondum c. Ad quem diem coram domino Rege apud Westm ' ven ' partes predicte per Attorn ' suos predictos Et quia Cur ' domini Regis hic de Judicio suo de super premissis predictis reddend ' nondum advisatur dies ulterius inde dat' est partibus predictis coram domino Rege apud Westm ' usque diem Veneris prox ' post Crastinum Sancte Trinitat ' extunc prox ' sequen ' de Judicio inde audiendo eo quod Cur ' domini Regis hic inde nondum c. Ad quem diem coram domino Rege apud Westm ' ven ' partes predicte per Attorn ' suos predictos Super quo visis per Cur ' domini Regis hic plenius intellectis omnibus singulis premissis maturaque deliberatione inde habita pro eo quod videtur Cur ' domini Regis hic quod placitum predictum per predictum Thomam Langton qui tam c. superius replicando placitat ' materiaque in eodem content ' bon ' sufficien ' in lege existit ad actionem ipsius Thome Langton qui tam c. versus predictum Edm ' habend ' manutenend ' Ideo cons est quod predictus Thomas Langton qui tam c. recuperet versus prefat ' Edm ' debitum predictum Unde dominus Rex habeat unam medietatem Et predictus Thomas Langton qui tam c. Collegium predictum habeant alteram medietatem juxta formam Literar ' Paten ' predictar ' Statut ' predict ' Quodque idem Thomas Langton qui tam c. recuperet versus predictum Edm ' sex libras tresdecim solidos quatuor denarios pro dampnis suis que sustinuit tam occasione detentionis debiti predicti quam pro mis custagiis suis per ipsum circa sectam suam in hac parte apposit ' eidem Thome Langton qui tam c. per Cur ' domini Regis hic ex assensu suo adjudicat ' Et predictus Edmundus in misericord ' c. Postea scilicet die Sabbati prox ' post octab ' Sancti Martini Anno regni domini Jacobi nunc Regis Anglie sexto coram eodem domino Rege apud Westm ' ven ' predictus Presidens per Attorn ' suum predictum Et cogn ' se esse satisfactum per predictum Edm ' Gardiner de tota parte sua debiti predicti de dampnis predictis que ad ipsum President ' pertinet Ideo ipse idem Edmundus de tota parte ill ' de dampnis illis sit quiet ' 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 ' undecimo die Februarii Anno regni nostri Anglie Franc ' Hibernie sexto Et Scotie quadragesimo secundo Byng Byng Dr. Langton versus Gardiner Croke 's Reports 2 d Part p. 121. DEBT upon the Statute 14 H. 8. cap. 5. by the Plaintiff as President of the Colledge of Physicians in London and of the Corporation of Physicians there For that the Defendant used the Art of Physick in London without Licence from the Colledge there against the Statute and their Charter For which he demanded 5 l. for every month being the penalty given by the Statute The Defendant pleaded the Statute of 34 H. 8. which enables every one to practise Physick or Surgery being skilfull therein notwithstanding any Act to the contrary The Plaintiff replies and shews the Statute Primo Mar. cap. 9. which confirms their Charter and every Article thereof to stand in force any Act Statute Law or Custome to the contrary notwithstanding Hereupon the Defendant demurred First because this general clause in this Law doth not restrain the Statute of 34 H. 8. Secondly that this pleading is a departure For it ought to have been shewn before Stephens argued for the Plaintiff First That the Act of 34 H. 8. is repealed by the Statute of prim Mar. quoad the Colledge of Physicians in London as fully as if it had been by express words recited and repealed For when it confirms the Charter of 14 H. 8. and appoints that it and every part thereof shall stand and be avayleable the Statute of 34 H. 8. cannot stand with it Quia leges posteriores leges priores contrarias abrogant 4 Ed. 4. Porter's Case Co. 1. fol. 25. Secondly that it is not any departure Because there is not any new matter but matter pleaded in reviving of the former or fortification thereof And a Record was shewn Mich. 10 and 11 Eliz. betwixt Bomelins and where the Record was in the same manner as this Record is And there the Plaintiff had Iudgment Wherefore c. And there being none on the Defendants parts to argue The Court upon hearing of the Record gave rule That Iudgment should be entred for the Plaintiff unless c. Dr. Atkins versus Gardiner Croke 's Reports 2 d Part p. 159. SCir fac Vpon a Iudgment in Debt upon the Statute 14 H. 8. by Dr. Langton President of the Colledge of Physicians in London who died before execution had and thereupon the Successor brought a Scir fac to have Execution It was thereupon demurred because the Scir fac ought to be brought by the Executor or Administrator of him who recovered and not by the Successor But upon hearing of the Record without argument the Court held That the Successor might well maintain the Action For the suite is given to the Colledge by a private Statute And the suite is to be brought by the President for the time being And he having recovered in right of the Corporation the Law shall transferr that duty to the Successor of him who recovered and not to his Executors The Action being brought for that he practised Physick in London without Licence of the Colledge of Physicians against the Statute of 14 H. 8. Wherefore it was adjudged for the Plaintiff A Recovery against Dr. Bonham according to the Exemplification 13 Febr. 6 Jacobi JACOBUS dei gratia Anglie Scotie Franc ' Hibernie Rex fidei defensor c. Omnibus ad quos presentes Litere nostre
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
before them said that he would not be ruled nor directed by them being such grave and learned men And for that he hath practised against the Statute he was worthily punished and committed for it should be a vain Law if it did not provide punishment for them that offend against it And Bracton saith Nihil est habere Leges si non sit unus qui potest Leges tueri and for this here are four grave and discréet men to defend and maintain the Law and to punish all Offenders against it according to the Statute by imprisonment of their bodies and other reasonable ways and the said four men have the search as well of those men as of other Medicines And the Statute of 1 Mary provides that the Kéepers of Prisons shall receive all which are committed by the said four learned and grave men And though there be great care committed to them by the said Statute and the said Letters Patents yet there is a greater trust reposed in them than this for we commit to them our lives when we receive Physick of them and that not without cause for they are men of gravity learning and discretion and for that they have power to make Laws which is the office of the Parliament for those which are so learned may be trusted with any thing and for the better making of these they have power to assemble all the Commons of their Corporation and the King allows of that by his Letters Patents for it is made by a congregation of wise learned and discréet men and the Statute of 1 Mary inflicts punishment upon contempts and not for any other offences And they hold a Court and so may commit as every other Court may for a contempt of Common Right without Act of Parliament or Information or other legal form of Procéeding thereupon as it appears by 7 H. 6. for a contempt committed in a Léet the Steward committed the offender to Prison and it was absurd to conceive that the Statute will allow of Commitment without cause And it is a marvellous thing that when good Laws shall be made for our health and wealth also yet we will so pinch upon them that we will not be tryed by men of experience practice and learning but by the Vniversity where a man may have his Degrée by grace without merit And so for these reasons he concluded that this action is not maintainable Coke Chief Iustice said That the Cause which was pleaded why the Plaintiff was committed was for that he had exercised Physick within the City of London by the space of a month and did not very fitly answer for which it was ordained by the Censors that he should pay a hundred shillings and that he should forbear his practice and that he did not forbear and then being warned of that and upon that being summoned to appear did not appear and for that it was ordained that he should be arrested and that after he was summoned again and then he appeared and denied to pay the hundred shillings and said that he would practise for he was a Doctor of Cambridge and upon that it was ordained that he should be committed till he should be delivered by the Doctors of the College and upon this was the Demurrer joyned And in pleading the Plaintiff said that he was a Doctor of Philosophy and Physick upon which the Lord Chief Iustice took occasion to remember a saying of Galen that is Ubi Philosophia desinit ibi Medicina incipit and he said the onely question of this Case depends not upon the payment of the said hundred shillings but upon the words of the Letters Patents of the King and the said two Statutes the words of which are Concessimus eidem Praesidenti c. Quòd nemo in dicta Civitate aut per septem milliaria in circuitu ejusdem exerceat dictam facultatem nisi ad hoc per dictum Praesidentem communitatem seu Successores eorum qui pro tempore fuerint admissus sit per ejusdem Praesidentis Collegii literas sigillo suo communi sigillatas sub poena centum solidorum pro quolibet mense quo non admissus eandem facultatem exercuerit dimidium inde nobis haeredibus nostris dimidium dicto Praesidenti Collegio applicandum Et praeterea volumus concedimus pro nobis c. Quòd per Praesidentem Collegii communitatem pro tempore existentes eorum Successores in perpetuum quatuor singulis annis per ipsos eligantur qui habeant supervisum scrutinium correctionem gubernationem omnium singulorum dictae Civitatis Medicorum utentium facultate Medicinae in eadem Civitate ac aliorum Medicorum forinsecorum quorumcunque facultatem illam Medicinae aliquo modo frequentantium utentium infra eandem Civitatem Suburbia ejusdem sive septem milliaria in circuitu ejusdem Civitatis ac punitionem eorundem pro delictis suis in non bene exequendo faciendo utendo illa nec non supervisum scrutinium omnium medicinarum earum receptionum per praedictos Medicos sive aliquem eorum hujusmodi ligeis nostris pro eorum infirmitatibus curandis sanandis dand ' imponend ' utend ' quoties quando opus fuerit pro commodo utilitate eorundem ligeorum nostrorum Ita quod punitio hujusmodi medicorum utentium dictâ facultate medicinae sic in praemissis delinquentium per Fines Amerciamenta Imprisonamenta corporum suorum per alias vias rationabiles congruas exequatur as it appears in Rastal Physicians 8018. 392. So that there are two distinct Clauses The first if any exercise the said faculty by the space of a month without admission by the President c. he shall forfeit a hundred shillings for every month be that good or ill it is not material the time is here onely material for if he exercise it for such a time he shall forfeit as aforesaid The second Clause is that the President c. shall have Scrutinium Medicorum c. punitionem eorum pro delictis suis in non bene faciendo utendo exequendo c. And for that the President and the College may commit any delinquent to Prison And this he concluded upon the words of the Statute and he agreed with Walmesly that the King hath had extraordinary care of the health of his Subjects Et Rex censetur habere omnes Artes in scrinio Pectoris and he hath here pursued the course of the best Physicians that is Removens promovens removens improbos illos qui nullius bonae conscientiae fiduciâ profitebuntur audaces promovens ad sanitatem And for that the Physician ought to be profound grave discréet grounded in learning and soundly studied and from him cometh the Medicine which is removens promovens And it is an old Rule that a man ought to take care that he do not commit his Soul to a
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
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
shall appoint in the doing of all such things as by the said Acts of Parliament or Charter ought to be done for suppressing of all and every such person or persons as contrary to the Laws of our Realme or Charter or Acts of Parliament aforesaid shall dare to adventure in the practice of Physick upon any our subjects in the City of London the Suburbes and precincts of the same or within seven miles thereof And to the intent that this our purpose tending to the safety of our subjects and the suppression of irregular practitioners may with more diligence and authority be effected We do will and command you the Lord Mayor of the City of London that at your next Sessions these our Letters may be so read and published that all Iustices of peace as well within our said City as also the Suburbes and precincts of the same may take knowledge of this our pleasure and command Mrs. Bryers and old woman was convicted of mala praxis fined 5 l. and ordered to be imprisoned After this having given security that she would not practise for the future yet prescribing Unctions Sudorificks Ointments Plasters Potions c. to several persons Her bond was put in suit against her Security and a new mulct laid upon her Nicholas Rowland a Surgeon being accused for practising Physick and that proved against him by witness was fined 10 l. de praxi pessima and order given for his imprisonment Mr. Holland an Apothecary was charged for practising Physick upon several persons which being proved he was fined 5 l. and ordered to be forthwith imprisoned without present satisfaction given to the College But he continuing contumacious all the members of the College were prohibited writing of Bills to his shop or making use thereof untill he had cleared himself de non exercenda medicina After this he appeared before the President and Censors and declared his readiness to acknowledge the College authority but giving no other testimony thereof but onely desiring his fine might be remitted he was heard no further but dismissed A few months after He attended the President and Censors a second time and being asked whether he would pay his fine and acknowledge his offence He then begg'd the Colleges pardon paid his fine and promised that for the future he would behave himself respectfully to them upon which account his censure was remitted and he received into favour But being afterwards complained of by Dr. Wineston that he did support Mr. Buggs who stood in opposition to the College he denied any combination with him yet confessed that he had made Physick for Mr. Bland and other illegal practisers which was likewise plainly proved by his file of Bills that were sent for After some time the President sent the 4 Censors to visit his shop where besides divers bills found upon the file written by Empiricks and ignorant Mountebanks of which they brought some away they also found false compositions of Medicines not made according to the rule of the London Dispensatory which he was bound to observe Wherefore the Censors ordered that those medicines should be forthwith destroyed which was accordingly done Dr. Eyre was cited before the College for practising physick in London without Licence Upon his appearance he gave no satisfaction to the President and Censors wherefore they order'd his prosecution at Law and had a Verdict against him de praxi illegitima upon which he applyed himself to the College begged their friendship and promised submission Then he was examined by the President and Censors but not giving satisfaction of his ability for practice He was rejected and about 2 years after summoned to give an account by what authority he practised Physick in London He replied that he practised in the Countrey not in the City but thought he might as being born here But practice being proved against him the Censors told him that they would sue him de praxi illegitima pro ann But he paying 20 l. de praxi praeterita to the Treasurer of the College the Censors let fall their suit But he being after guilty of ill practice which was proved against him the Censors unanimously fined him 10 l. and order'd his imprisonment which latter was dispensed with upon condition that he would at the next publick Comitia own his obligations to the President Censors and College for this their favour which he readily promised and performed both in person and writing paying likewise the fine imposed upon him After this he was examined in order to his admission into the College which examination having passed He was required to take great care and caution in his practice and in difficult cases to call to his assistance some of his Colleagues Dr. Burgess having been in Orders and now practising Physick in London was summoned before the President and Censors to give an account by what authority he practised in this City contrary to the Statute-Law of this Kingdom He ingenuously consessed Not by any authority but by the indulgence of the College and told them he had formerly offered himself to examination though he had not yet been examined The President replied that by a Statute of the College which was read by the Register they could not examine admit or permit any to the practice of Physick who had been in Holy Orders Besides if the Statutes of the College would allow it He told him that an admission to a person that had been so qualified was repugnant to the Statute Laws of the Kingdom and Canons Ecclesiastical He replied with great temper and candour that he would not contradict either the one or the other but lay down practice in London After this he was convened a second time before the President and Censors and interdicted the practice of Physick within the College Liberties to which he submitted and promised that he would speedily betake himself to the Country Some of the Fellows of the College were complained of for consulting with him About the 10th year of this King's Reign the following Letter was sent to the College of Physicians upon the death of the Countess of Rutland by the Right Honourable the Lord Viscount Lisle to summon before them one Mr. Talbot a Fellow of Merton College in Oxford to enquire into the Medicines prescribed by him in this noble Ladies Case that so they might find whether either by presumption or unskilfulness her Honour's end was procured or hastned the Contents of which Letter are the following To the Right Worshipfull the President and College of Physicians in London AFter my very heartie commendations I have thought it fit to give you knowledge that on Friday last being the 31th of Julie the Countesse of Rutland my worthy and deare Niece did depart this life Among other that did minister Physick unto her during her sicknesse here in London was one Mr. Talbott a Fellow of Merton College in Oxford whose proceedings with her and the Medicines he gave her for during the time he
sworn for the true performance of his Office 56 110. S. Seventh Son The cheats of one who pretended himself a Seventh Son with an Historical account of the College's proceedings with him 446 447 c. Statutes or Acts of Parliament how to be expounded 247 248. The difference betwixt Statute Rolls and Rolls of Parliament 268. By whom Statutes were formerly drawn up 268 269. Statutes relating to Physick or Surgery 3 H. 8. c. 11. p. 1. 5. H. 8. c. 6. 3. 14 15 H. 8. c. 5. 5. 32 H. 8. c. 40. 17. 32 H. 8. c. 42. 20. 34 35 H. 8. c. 8. 28. 1 Q. M. Ses 2. c. 9. 30. The 3 H. 8. repealed in effect by the 14 15 H. 8. 185. repealed by the 34 H. 8. 230 231. Its imperfections 252. The 14 15. H. 8. Thirty six Acts passed in the same Session of Parliament when this was made 16. confirmed by the first of Q. Mary 229. It repeals the 3 H. 8. in 3 main points 238. not restrained by the 34 35 H. 8. 253 254 258. The 34 35 H. 8. whether repealed or not is disputable 227 230 236 238 250. This Act extends onely to Surgeons 235 258. It gives liberty onely to those who practise for Piety and Charity excluding all that take money or gain 258. Surgeons By whom to be allowed for City and Countrey 2 3. Exempt from being Constables bearing Armour keeping Watch and Ward c. 3 4 5. The Authority and liberty of Barbers and Surgeons being made of one Company 21. By whom and when the Barbers of London were incorporated ibid. The benefits like to ensue by joyning the Barbers and Surgeons into one Company 22. The Barbers and Surgeons made one Company and incorporated ibid. The Barbers and Surgeons in London exempt from bearing of Arms or being in Watches or Inquests 24. Surgeons may yearly take 4 condemned persons for Anatomies ibid. No Barber in London shall use Surgery 25. No Surgeon in London shall use the craft of Shaving 26. Every Surgeon in London shall have a Sign at his door ibid. None shall be a Barber in London but a Freeman of the Company ibid. Four Wardens shall be chosen and their authority ibid. The forfeiture of offenders 27. Any person may keep a Barber or Surgeon as his servant ibid. Any person being no common Surgeon may minister outward medicines 28. By what means the Surgeons of London have abused the Statute of the 3 H. 8. c. 11. for their own gain ibid. It shall be lawfull for any person to cure outward Sores notwithstanding the Statute of 3 H. 8. c. 11. 29. A Letter sent to the Surgeons from the College requiring them to abstain from the practice of Physick 340. They are not to give inward medicines 315 316 343 344. Their endeavours to procure Letters Patents and an Act of Parliament to prescribe inward medicines in Wounds Vlcors and French Pox 359 c. The College's resentment thereof 361. A second attempt of theirs to procure Licence to administer Physick in all cases Chirurgical 406. Interdicted practice 348 363 367 422. Required to give bond not to practise 332 341 368 423. Discommuned 425. Fined or Fined and imprisoned by the Censors 315 319 331 332 333 340 341 348 349 355 365 367 375 384 395 413 422 438 446. T. Trials of the College against Empiricks è contrà Versus Gardiner pag. 147.  Versus Dr. Bonham 164.  Dr. Bonham versus the College 178 220.  versus Butler 221.  Butler versus the College 225.  versus Butler 229.  versus Bugge 259.  versus Huybert 261.  versus Needham 273.  Trials of the College against Empiricks c. Versus Bourne 275. Harder Merry Stone U. Vniversities Dr. Bonham's case The College's Declaration against him for practising Physick in London without licence 164. Dr. Bonham's Plea 171. The President 's reply viz. that his plea was invalid 175. Dr. Bonham justifies it ibid. Iudgment given by the Court of Kings Bench for the College against Dr. Bonham 177. He brings an Action of false imprisonment against the College 178 202. The College's Plea ibid. Bonham's reply 183 203. The College demurs and why 184. The Iudges divided in their opinions 184 186 209. Why Iudgment was entred for Dr. Bonham 188 189 196 201 220. Their Privileges secured in the 3 H. 8. p. 3. They may not practise in London c. 184 185 204 211 212 277 335 336 364. Summoned to give an account of medicines prescribed in London 377. Why they are subject to the examination correction and government of the College 278. Some of them rejected upon examination 315 348 350 362 376. Interdicted practice 334 350 364 366 377 383 409 419. gave bond not to practise 347 349. Sued or 〈◊〉 by the College 164 178 202 314 335 350 351 366 367 376 418 419 471. Fined or fined and imprisoned 334 348 350 362 363 366 376 407 409 438 47◠THE END 3 H. 8. c. 11. 14 15 H. 8. c. 5. 32 H. 8. c. 42. 1 Q. M. Ses 2. c. 9. K. James and K. Charles 2. in their Royal Patents Inconveniencies ensuing by ignorant Persons practising Physick or Surgery By whom every Physician and Surgeon shall be allowed A. Physician or Surgeon allowed by the Bishop of the Diocess The Privileges of Oxford and Cambridge The causes why Surgeons have been exempt from bearing of Armour or other Services Surgeons discharged of Enquests c. The Surgeons of London shall be exempt from being Constables bearing of Armour or to be put in Watches or Inquests A body Corporate of the faculty of Physick within London and 7 miles compass * rect nostrimunus A perpetual College of Physicians erected and granted in London and the Suburbs * Medicinam * Francisci A Prefident of the College and his office and duty The College shall have perpetual Succession and a Common Seal They shall be of ability to purchase Land They may sue and be sued They may make lawfull Assemblies and Ordinances for Government No man shall practise Physick in London or 7 miles thereof unless he be allowed Four Physicians of London shall be yearly chosen to have the oversight of the others * earum Physicians shall not be summoned on Juries in London The King's Letters Patents and every Article therein confirmed There shall be Eight Elects of the Physicians of London Physicians in other places must be examined by the President and 3 of the Elects * ostendit certis * ferme * assiden * Supple quà m Temporalibus * Modestiae * eidem * tempe * evid * excellenti †fine * tum * penitus * prodeundi Priviledges granted to Physicians in London The Physicians in London shall be discharged to bear certain Offices there Four Physicians shall be chosen yearly to search Apothecary-wares in London The forfeiture of an Apothecary that refuseth to have his house searched Stat. 1 M. 9. The
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
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
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
their severall and respective corporall Oath on the Holy Evangelists before the severall and respective persons hereby directed and impowered to administer the same well truely and faithfully to attend and execute his and theire severall and respective office or place in all things touching and concerning the same respectively And that from tyme to tyme before hee or they respectively doe Act or intermeddle therein And alsoe the severall knowne Oathes of Obedience and of Supremacy before such person and persons as by the Lawe and Statutes of this Land now are or hereafter shall bée authorized or appointed to administer the same AND WEE DOE by theise presents for us our heires and successors give and graunt unto our trusty and well-beloved Sir Geffrey Palmer Knight and Baronett our Atturney Generall Sir Heneage Finch Knight and Baronett our Sollicitor Generall Sir William Wilde Knight and Baronett one of our Serjeants at Lawe and Recorder of our Cittie of London and to every or any one of them full power and authoritie to give and administer unto the said Sir Edward Alston and all and every the persons abovenamed and by theise presents constituted the first and present Fellowes of the said Colledge and Corporation his and theire said corporall Oath on the Holy Evangelists well truely and faithfully to attend and execute his and theire severall and respective office or place of Fellowe of the same Colledge and Corporation in all things touching and concerning the same AND ALSOE to give and administer unto the said Sir Edward Alston hereby constituted the first and present President of the same Colledge and Corporation his said corporall Oath on the Holy Evangelists well truely and faithfully to attend and execute the same office or place of President of the same Colledge and Corporation in all things touching and concerning the same AND ALSOE to give and administer aswell unto the tenne persons abovenamed and hereby constituted the first and present Elects of the same Colledge and Corporation as unto the fower persons abovenamed and hereby constituted the first and present Censors of the same Colledge and Corporation their said severall and respective corporall Oathes on the Holy Evangelists well truely and faithfully to attend and execute theire severall and respective offices or places of Elects and Censors of the same Colledge and Corporation in all things touching and concerning the same respectively AND Wee doe further by theise presents for us our heires and successors give and grant unto the said President Fellowes and Comminaltie of the Kings Colledge of Physitians aforesaid and theire successors That it shall and may bée lawfull to and for the Elects of the Colledge and Corporation aforesaid for the tyme being and to any two of them full power and authoritie from tyme to tyme to give and administer unto all and every President and Presidents of the same Colledge and Corporation hereafter and by virtue of theise presents and according to the tenour thereof to bée nominated elected or chosen his and theire like corporall Oath and Oathes on the Holy Evangelists well truely and faithfully to attend and execute the said office or place of President of the same Colledge and Corporation for and dureing such time and soe long as hée or they or any of them respectively shall bée or continue in the same office or place And alsoe full power and authority unto the President of the said Colledge for the tyme being in the presence of the Elects of the same Colledge or any two of them for the tyme being from tyme to tyme as oft as occasion shall require to give and administer to all and every person and persons whatsoever that att any tyme hereafter by virtue of theise presents and according to the contents thereof shall be nominated elected made or chosen to be Vice-president Fellowe Elect or Censor or other Officer or Minister of the same Colledge his and theire like corporall Oath on the Holy Evangelists well truely and faithfully to attend and execute his and theire severall and respective office or place into which hee or they shall be soe nominated elected made or chosen And that in all things touching and concerning the same respectively AND for the better Governement of the said Colledge and speedier reforming the enormities and abuses aforesaid and more facile and certaine doeing and accomplishing the things and ends intended by theise presents WEE WILL and by these presents for us our heires and successors Of our more especiall grace and favour Doe graunt unto the said President Fellowes and Comonaltie of the Kings Colledge of Physitians in the Cittie of London and their Successors That it shall and may bee lawfull to and for the said President and Fellowes of the same Colledge and Corporation and theire Successors to have appoint reteyne and enjoy a Hall or Councill-house within our said Cittie of London or the liberties of the same AND that the said President for the tyme being and his Successors shall and may when and as often as to him shall seeme meete and necessary call assemble and keepe within the same Hall or House a certaine Court or Convocation of the said President and Fellowes of the said Colledge and Corporation and theire Successors for the tyme being or of any competent part or number of them not lesse then fifteene whereof the President or in his absence the Vice-president of the same Colledge for the tyme being allwayes to bée one And of every such Court or Convocation soe to bée called and held shall by a knowne Officer of the same Colledge and Corporation give convenient notice or summons to the Fellowes of the same Colledge or Corporation for the tyme being And that in every such Court or Convocation the said President and Fellowes and theire Successors for the tyme being or the major part of them then present being not lesse in number then fifteene whereof the President for the tyme being or in his absence the Vice-president for the tyme being to be allwayes one shall and may have full power and authoritie from tyme to tyme to doe act performe and execute all and every matter and matters thing and things by theise presents appointed to bée done performed and executed by the President and Fellowes of the said Colledge AND ALSOE to Treate Conferre Consult and Consider of Articles Statutes Acts Ordinances and other things touching and concerning the said President Fellowes and Comonaltie of the Colledge aforesaid and theire Successors and the good Rule State and Governement of the same and the Reformation and redresse of the abuses mischiefes and enormities herein before mentioned and hereby intended to be provided for and suppressed in the time to come And alsoe to Ordaine Constitute make and sett downe in writeing such sitting wholsome and reasonable Lawes Acts Ordinances Orders Decrees Articles and Constitutions as to them shall seeme good profitable and necessary according to theire good discretions for the
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
authority in that case 3. The fines and amercements to be imposed by them by force of the Act do not belong to them but to the King for the King hath not granted the fines and amercements to them and yet the fine is appointed to be paid to them in proximis Comitiis and they have imprisoned the Plaintiff for non-payment thereof 4. They ought to have committed the Plaintiff presently by construction of Law although that no time be limited in the Act as in the Stat. of West cap. 12. De Servientibus Ballivis c. qui ad compotum reddend ' tenentur c. cum Dom ' hujusmodi servientium dederit eis auditores compoti contingat ipsum in arreragiis super compotum suum omnibus allocatis allocandis arrestentur corpora eorum per testimonium auditorum ejusdem compoti mittantur liberentur proximae gaolae Domini Regis in partibus illis c. in that case although that no time be limited when the Accomptant shall be imprisoned yet it ought to be presently as it is holden in 27 H. 6. 8. and the reason thereof is given in Fogossa's Case Plow Com. 17. that the generality of time shall be restrained to the present time for the benefit of him upon whom the pain shall be inflicted and therewith agréeth Plow Com. 206. b. in Stradling's Case And a Iustice of Peace upon view of the force ought to commit the offender presently 5. For as much as the Censors had their authority by the Letters Patents and Act of Parliament which are high matters of Record their proceedings ought not to be by word and so much the rather because they claimed authority to fine and imprison And therefore if Iudgment be given against one in the Common Pleas in a Writ of Recaption he shall be fined and imprisoned but if the Writ be Vicontiel in the County there he shall not be fined or imprisoned because that the Court is not of Record F. N. B. in bre de Recaptione so in 47 F. N. B. a Plea of Trespass vi armis doth not lie in the County Court hundred Court c. for they cannot make Record of fine and imprisonment and regularly those who cannot make a Record cannot fine and imprison And therewith agréeth 27 H. 8. Book of Entries The Auditors make a Record when they commit the Defendant to prison A Iustice of Peace upon view of the force may commit but he ought to make a Record of it 6. Because the Act of 14 H. 8. hath given power to imprison untill he shall be delivered by the President and the Censors and their Successors reason requireth that the same be taken strictly for the liberty of the Subject as they pretend is at their pleasure And the same is proved by a Iudgment in Parliament in this Case For when this Act of 14 H. 8. had given power to the Censors to imprison yet it was taken so literally that the Gaoler was not bound to receive them which they committed to him and the reason thereof was because they had authority to do it without any Court And thereupon the Statute of 1 Mar. cap. 9. was made that the Gaoler should receive them upon a pain and none can be committed to any prison if the Gaoler cannot receive him but the first Act for the cause aforesaid was taken so literally that no necessary incident was implyed And where it was objected that this very Act of 1 Mariae hath enlarged the power of the Censors and that upon the word of the Act It was clearly resolved that the said Act of 1 Mariae did not enlarge the power of the Censors to fine or imprison any person for any cause for which he ought not to be fined and imprisoned by the said Act of 14 H. 8. For the words of the Act of Q. Mary are according to the tenor and meaning of the said Act Also shall send or commit any 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 c. But in this Case Bonham hath not done any thing which appeareth within this Record contrary to any Article or clause contained within the Grant or Act of 14 H. 8. Also the Gaoler who refuseth shall forfeit the double value of the fines and amerciaments that any offender or disobedient shall be assessed to pay which proveth that none shall be received by any Gaoler by force of the Act of 14 H. 8. but he who may be lawfully fined or amerced by the Act of 14 H. 8. and for that was not Bonham as by the reasons and causes aforesaid it appeareth And admit that the replication be not material and the Defendants have demurred upon it yet forasmuch as the Defendants have confessed in the Bar that they have imprisoned the Plaintiff without cause the Plaintiff shall have Iudgment And the difference is when the Plaintiff doth reply and by his replication it appeareth that he hath no cause of action there he shall never have judgment But when the Bar is insufficient in matter or amounteth as this Case is to a confession of the point of the action and the Plaintiff replyeth and sheweth the truth of the matter to enforce his Case and in Iudgment of Law it is not material yet the Plaintiff shall have Iudgment for it is true that sometimes the Count shall be made good by the Bar and sometimes the Bar by the Replication and sometimes the Replication by the Rejoynder c. But the difference is when the Count wantethtime place or other circumstance it may be made good by the Bar so of the Bar Replication c. as appeareth in 18 E. 4. 16. b. But when the Count wanteth substance no Bar can make it good so of the Bar Replication c. and therewith agrée 6 E. 4. 2. a good case and mark there the words of Choke vid. 18 E. 3. 34. b. 44 E. 3. 7. a. 12 E. 4. 6. 6 H. 7. 10. 7 H. 7. 3. 11 H. 4. 24. c. But when the Plaintiff makes a Replication Sur-rejoynder c. and thereby it appeareth that upon the whole matter and Record the Plaintiff hath no cause of action he shall never have Iudgment although that the Bar or remainder be insufficient in matter for the Court ought to judge upon the whole Record and every one shall be intended to make the best of his own case Vid. Rigeways case in the 3. part of my Reports 52. And so these differences were resolved and adjudged betwéen Kendall and Heyer Mich. 25 26 Eliz. in the Kings Bench. And Mich. 29 30 Eliz. in the same Court betwéen Gallys and Burbry And Coke Chief Iustice in the conclusion of his argument did observe 7 things for the better direction of the President and Commonalty of the said Colledge in time to come 1. That none can be punished for practising
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
use in his house according to receipts and therefore be not within the Statute 14 H. 8. And if a Gentleman had such receipts and made use of them for those diseases shall he be within this Statute 2. Admit that these diseases be within 14 H. 8. yet 34 H. 8. takes them out of 14 H. 8. clearly and for other things the Statute is onely in force as upon the Statute of 32 H. 8. in Knight's Case there the Stat. of Marlebridge is taken away although it be not named and although the words of 32 H. 8. be in the Affirmative 3. Vpon the pleading of the Statute 1 Mariae that recites 14 H. 8. it is said that in this Statute the words of pleading were continuaret the word staret being omitted that which continued in force ought to be in force at the same time which is but a confirmation of the Statute as it was at the time of the making of 1 Mariae and the Stat. 14 H. 8. is onely recited and some new privileges may be added to this confirmation but cannot be but of a thing which was in esse before 27 H. 8. 2. An Infant grants an Advowson and at full age confirms it the confirmation is void because the grant was void 21 H 7. 1. 12 E. 4. 59. And the Countess of Leicesters case in the Commentaries The reason of the recital of 14 H. 8. was for the addition of some new privileges scil that Gaolers should not permit prisoners to escape committed by the which they might do unpunished before and that all Kéepers of Prisons in London except the Lieutenant of the Tower ought to receive them that shall be committed which they might have refused before 2. Being but a confirmation for the greater part it shall not be a reviver for the lesser part As if Tenant for life of 20 Acres grant his estate in one Acre to I. S. and he in Reversion confirm the estate of tenant for life in all the 20 Acres to the Lessée and his heirs this is a confirmation but of the 19 Acres and although I. S. attorn yet his Acre doth not pass by way of Grant of the Reversion because that he this confirmation for the greater part 18 E. 3. 8. Husband tenant for life and the estate of the husband is confirmed to him and his wife and to their heirs the wife takes nothing and yet the husband is the man that ought to attorn if it would amount to a grant of the Reversion 3. This Statute of 1 Mariae doth not extend to repeal 34 H. 8. in any part because that 34 H. 8. is a general act and the Iudges ought to take notice thereof but 1 Mariae is a particular Statute and therefore doth not repeal the other which is general without express words Vide Holland's case For the point of special demurrer the replication wants form In all replications you ought to confess and avoid or traverse the barr here is implied an avoidance but no confession thereof 34 H. 8. 22. 7 H. 6. 2. where there is an avoidance but no confession therefore ill Lastly here is a departure Stat. de 14 H. 8. remains in force for all diseases but the Stone Strangury and Agues and for them their action lies upon the Stat. 1 Mariae and not upon 14 H. 8. therefore they ought to have named this Statute at the beginning 2 Ass 6. 37 H. 6. 5. 21 H. 7. 18. And for answer to the Iudgment cited in B. R. there the Iudgment was general and 1 Mariae was there pleaded with these words staret continuaret but here it is continuaret which is nonsense And I have credibly heard the case there was not defended omnino but onely argued for the Plaintiff Wherefore upon the whole matter he prayed judgment for the Defendant Davenport è contra Exception hath béen taken to the person that brought the action that the action was not brought according to the name of the College scil by the President and College but by the President onely 8 Report Dr. Bonham's case and although the words of the Statute be that the Action shall be brought by the President and College yet all Suites shall be in the name of the President And so be the Precedents Mich. 5 Jac. rot 299. and Mich. 5 Jac. rot 438. 11 H. 7. 12. 18. where a Charter of Corporation may be granted that they shall not be sued by any other name than their Corporation For the matter in law he said that he would observe the course in 3 Rep. 7. Haydon's case 1. What the Common Law was before the Statutes 2. The mischief to be remedied 3. What remedy is appointed by Parliament 4. The true reason of this remedy The common law before 3 H 8. was that every one might exercise any lawfull trade But there is a different consideration betwéen the practice of Physick and other Mechanick Trades In Mechanick Trades if any one undertake a thing and doth not doe it duly an Action upon the case lieth But in the practice of Physick it is otherwise for the mischief that falls upon the party takes away the remedy scil the death of the Patient by the unskilfulness of the Physician And for this inconvenience was 3 H. 8. cap. 11. made which Statute did not redress the mischief sufficiently because that the allowance or disallowance of Physicians was not referred to Competent Iudges for the fitness of every person should be tried by them which be experienced in the same kind as 8 H. 7. the Ordinary tries whether a Parson sit idoneus ad Ecclesiam but here the Bishop is to be Iudge of the skilfulness of Physicians Another imperfection in this Statute is that the penalty is given and to be recovered by every one that will sue and therefore the care was in no person and also there was not sufficient care for practisers in London There was care that none should practise c. in the negative but what care was there in the affirmative Sir George Farmars case 8 rep 126. Then came the Statute of 10 and the Statute of 14 H. 8. which do not extend to every one that giveth Physick but to him that professeth the practice thereof It hath béen said that 14 H. 8. doth not extend to restrain the practice of those diseases but they confess that they be within the letter of the Statute but not within the meaning but by the Common Law they be taken to be within Physick The Common Law takes notice of a Physician and Surgeon but for an Empirick he is not known to the Law See the Entries fol. 187. A Physician may have debt for his fées so may a Surgeon without doubt but where is there any precedent for an Empirick or Herbalist to have action An Assumpsit he may have but not debt Knowledge of Herbs pertains to Physicians and so of Waters for who can judge of Baths but Physicians and
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
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