our Realm of England by and through the unskilfulness fraud and deceit of Physicians Apothecaries Druggists and such like and are likely much more to abound unless timely and festine remedy be by us provided and applied for the curing of so publique a disease Know ye therefore that we graciously affecting so pious K. James's Grants and charitable a work and intending hereby a more full and perfect reformation of the said abuses grievances and enormities which these later times have abundantly brought forth in this our Realm out of our Princely disposition and care for the repressing thereof and of our special grace certain knowledge and meer motion at the humble Petition aswell of our trusty and well beloved Henry Atkins Doctor in physick now President of the said Colledge and one of our Physicians Theodorus de Maierne Doctor in Physick one other of our Physicians Thomas Mounford and Edward Lister Doctors in Physick Fellowes and Elects of the said Colledge as of other the Doctors of the said Colledge have given granted ratified approved allowed and confirmed and by these presents do for us our Heirs and Successors give grant ratifie approve allow and confirm unto the aforesaid President and Colledge or Comminalty and their A Confirmâ—tion of all former Patents and Acts of Parliament Successors the said Letters patents of our said noble predecessor King Henry the Eight herein before mentioned and every article clause gift and grant therein contained and not herein altered for the honour peace and quiet of the said Colledge and that the said President and Colledge or Comminalty and their Successors shall and may for ever hereafter have receive take retain keep use exercise and enjoy all and singular such rights titles liberties priviledges immunities freedoms executions ability power authority and other things as by the said Letters patents or by any Acts of Parliament are or were given granted or confirmed or were thereby mentioned or intended to be given granted or confirmed notwithstanding the not using misusing or abusing of the same and that the same Letters Patents and every article and clause therein contained shall be adjudged taken and construed most benignly and favourably to and for the best benefit avail and advantage of the foresaid President and Colledge or Comminalty or their Successors any Ordinance Custome or usage to the contrary in any wife notwithstanding And whereas our said noble Predecessor by the aforesaid Letters patents amongst other things therein contained hath given and granted unto the foresaid President and Colledge or Comminalty and their Successors and thereby expresly appointed and provided that no person whatsoever should exercise Against not adâ—â—â—â—ed the said Faculty of Physick within the aforesaid City of London or within seven miles in circuit thereof unles the said person should first be admitted to do the same by the foresaid President and Colledge or Comminalty or their Successors by Letters testimonial of the said President and Colledge or Comminalty sealed with their common Seal upon pain of forseiting sive pounds for every moneth wherein the said persons should exercise the said faculty being not admitted thereunto the one half thereof to be forâ—â—ited and given to our said Predecessor his heirs and successors and the other half thereof to be forfeited and given to the said President and Colledge or Comminalty and their Successors as by the said Letters patents may appear Now know ye That we in our Princely wisdome Power to sue for the Peâ—â—lues dâ—epâ—y considering how needâ—ul it is and will be that all and singular person and persons practising or exercising the said faculty of physick contrary to the intent and true meaning of the foresaid Letters patents shall be duly and condignly punished and for the better encouragement of the foresaid President and Colledge or Comminalty and their Successors to sue for the said penalty of five pounds specified and mentioned by the said Letters patents of our especial grace certain knowledge and meer motion Have given and granted and by these presents for us our heirs and successors do give and grant unto the said President and Colledge or Comminalty and their Successors full power and lawful authority in the name of us our heirs and successors or otherwise in their own name by the name of the President and Colledge of the Faculty of Physick within the city of London in any our Courts of record or in any other place or places within this our Realm according to our Lawes to sue for recover and have execution of and for all and singular such penalties forfeitures sum and sums of money as now are or hereafter from time to time shall accrew or grow due unto us our heirs or successors or to them by force or vertue of the foresaid Letters patents or any the said Statutes or any clause or thing in them or in these presents contained other then the Recognizance hereafter expressed or by reason or means of any offence or misdemeanor whatsoever committed perpetrated or done or hereafter to be committed perpetrated or done contrary to the intent and meaning thereof and after the same shall be duly recovered levied or received as aforesaid We will and by these presents Penalties to the Colledgâ— use only for us our heirs and successors do give and grant the same penalties forfeitures and sums of money and every part and parcel thereof to the said President and Colledge and Comminalty and their Successors to be retained had taken converted and enjoyed to their sole and proper use benefit and behoof without rendring making or yielding unto us our heirs or successors any part or parcel thereof or any rent accompt or recompence for the same other then the yearly rent hereafter by these presents reserved the said Letters patents or any the said Statutes before mentioned or any clause article or reservation in them or any of them contained to the contrary hereof in any wise notwithstanding And we do further by these presents of our especial grace certain knowledge and meer motion for us our heirs and successors give and grant unto the foresaid President and Colledge or Comminalty and their Successors that the four persons to be annually chosen by the said To the Censors power to survey â—ll Meâ—lieâ—nes President and Colledge or Comminalty for the time being and their Successors according to the intent and meaning of the foresaid Letters patents of our said Predecessor King Henry the Eight now commonly called the four Censors of the said Colledge or any three of them for the time being shall have full power and lawful authority at all time and times hereafter when and as often as to the said four Censors or any three of them shall seem requisite and convenient to examine survey goverâ— correct and punish all and singular Physicians and Practisers in the faculâ—y of Physick Apothecaries Druggists Distiâ—â—ers and Sellers of Waâ—eâ—s or Oyls Preparers of Chymical Medicines to be â—old or imployed
for gain and all and every other person and persons practising in the same faculty or using the art or mystery of an Apothecary or the trade or craft of a Druggist Distiller Preparer or seller of any Oyls Waters or Medicines as aforesaid or that shall sell or put to sale any Stuff Drugs Oyls Waters or Medicines or other thing whatsoever fit apt and used or pretended to be fit apt and used for Medicines either simple or compounded at or in any place or places within the foresaid City and Suburbs of London or within seven miles of the same by fines amerciaments and imprisonments and by other lawful waies and means according as the nature and quality of his or their offence or offences in the premisâ—s shall deserve or require And we do further of our like especial Power of the Censors to summon examine and fine grace certain knowledge and meer motion for us our heirs and successors give and grant unto the foresaid President and Colledge or Comminalty and their Successors and do by these presents declare our will and pleasure to be That the said four Consors of the foresaid Physitians not licensed Colledge for the time being or any three of them for ever hereafter when and as often as to the â—aid Censors or any three of them shall seem meeâ— and convenient shall have full power and authority to send for summon convent and cause to appear and come before them the said four Câ—nsors for the time being or any three of them all and every Physician and Physicians practiser and practisers in the said Faculty of Physick within the foresaid City and Suburbs of London or within seven miles thereof at such times and places as by the said Censors or any three of them shall be reasonably limited prefixed and appointed and to examine them concerning their skill or practise of the said faculty of Physick and their manner of practise therein And if any Physician Penalty for not appearing or practiser in the said Faculty of Physick upon reasonable summons and garnishment to be made and given in that behalf shall make default and not appear before the said Censors or any three of them at such time and place as by the said Censors or any three of them shall be reasonably limited prefixed and appointed or shall refuse to answer or to be examined as aforesaid that then Or refusing to answer and so often the said four Censors for the time being or any three of them shall and may lawfully assess and impose a reasonable penalty fine or amerciament upon every or any such delinquent or offender for every several default of appearance made upon several summons or for every several refusal to answer or to be examined as aforesaid at several times upon several appearances made so as the same penalty fine or amerciament so to be imposed for any one default of appearance or refusal to answer or to be examined as aforesaid do not at any one time exceed the sum of forty shillings of currant English money and if any person or persons so summoned or warned as aforesaid do make his or their personal appearance before the foresaid Censors at such time and place as is or shall be limited and appointed as aforesaid and it shall then and there appear unto the said Censors that such person or persons hath or have ministred or prescribed Medicines or Physick unto any person or Penalty of Practisers without licence by the Gensors persons or hath or have practised in the said faculty of Physick at any one or more time or times within the foresaid City or Suburbs of London or within seven miles thereof without admission and license first had and obtained of and from the said President and Colledge or Comminalty or their Successors by Letters Testimonial under their Common Seal according to the meaning of the Letters patents before mentioned then it shall and may be lawful to and for the said four Censors or any three of them to assess and impose a reasonable penalty fine or amerciament upon every such person and persons so practising for every such his and their offence and default in that behalf so as the same exceed not the sum of three pounds of lawful English money and to Three pounds imprison him by the space of seven daies or under Imprisonment 7. daies for such his offence and not to detain him in prison any longer unless he shall not have made satisfaction and payment of the same Fine so imposed upon him for the same offence in which case it shall be lawful to detain him in prison untill the same fine be satisfied And if it shall then and there appear unto the said Censors or any three of them as aforesaid that any such person or persons so making his or their appearance hath at any time administred or prescribed any noysome unwholsome or unfit medicine or physick For bad practise unto any person or persons within the limits aâ—oresaid then the said Censors shall and may from time to time punish the said delinquent or offender by reasonable amerciament fine or imprisonment according unto their discretions to be by them imposed as aforesaid so as the same fine do not exceed the sum of Ten pounds and so as Ten pounds the imprisonment for such offence exceed not the space of fourteen daies unless it shall be for non-payment of such fine for which it shall be lawful to detain such offender in prison untill the same fine be satisfied And to the end that the said offenders in the premises may be the better Discovery of offenders known and discovered and may be for their said misdemeanors and offences duly and condignly punished according to the merits of their said offences We do therefore of our more abundant grace certain knowledge and meer motion for us our heirs and successors give and grant unto the said President and Colledge or Comminalty and their Successors full power and lawful authority that it shall and may be lawful to and for the said President and Colledge or Comminalty and their Successors by any precept or process to be made under their Common Seal to summon and warn any person or persons whatsoever whom they shall know or think meet being any Apothecary Chirurgeon Druggist or imployed in or about ministring of any physick or medicines or attendant or servant upon any that shall have received physick or medicines to declare testifie or prove against any such delinquent or offender in the premises his or their misdemeanors or offences upon reasonable summons and warning to appear and come before the said President and Colledge or Comminalty and their Successors or the said Censors or any three of them to be examined touching his or their knowledge of the said offenders and their misdemeanors and offences in the premises and upon his or their appearance made as aforesaid to administer and give to him or
them so to be produced to testifie as aforesaid an Oath or Oathes To give 〈◊〉 Oath and him and them to swear upon the holy Evangelists to testifie and declare the truth of his and their knowledge concerning the said offenders in the premises and their said misdemeanors and offences or otherwise to examine him or them without oath as they shall think fit And that if any such person or persons as shall be thought fit as aforesaid to declare and testifie concerning the said offences upon reasonable summons and warning given as aforesaid shall wilfully make default and shall not accordingly appear before the said President and Colledge or Comminalty and their Successors or the said Censors or any three of them or if he or they shall appear and yet nevertheless shall refuse to take such oath or oathes as shall be then offered or tendred unto him or them as aforesaid or otherwise shall refuse to be examined without oath or shall refuse to make answer to such questions as shall be then asked or demanded of him or them by the said President and Colledge or Comminalty and their Successors or the said Censors or any three of them concerning his or their knowledge touching the said offences and misdemeanors or any of them or any other matter or thing concerning the same or the discovery thereof then every such person and persons shall for every such default or refusal as aforesaid forfeit and pay to the said President and Colledge or Comminalty and their Successors the sum of Twenty shillings of lawful English money And we do further of our especial grace certain knowledge and mere motion for us our heirs and successors give and grant unto the said President and Colledge or Comminalty and their Successors That the said four Censors for the Censors search time being or any three of them shall and may have full and absolute power and lawfull authority at all time and times when and as often as to them as aforesaid shall seem meet and convenient at fit and reasonable times to enter into the house shop cellar vault workhouse or warehouse or any other rooms of the house of any Apothecary Druggist Distiller and Seller of Waters Oyls or other compositions for the ends aforesaid or of any other person or persons that now doth or hereafter shall put or set to sale any Medicine Drugs Waters Oyls or Stuff fit apt or used or pretended to be fit apt or used for Medicines within the foresaid City or Suburbs of London or within seven miles thereof and then and there to search view try examine and see the said Medicines Wares Drugs Waters Oyls Medicines and Stuffs of such Apothecaries Druggists Distillers Preparers or Sellers of Waters Oyls or Medicines or other person or persons as aforesaid and to examine them upon oath or without oath as they shall think best concerning the receipts and compositions thereof and all such Medicines Wares Drugs Waters Oyls and Stuffs as the said four Censors or any three of them as aforesaid shall finde or conceive to be defective corrupted or not meet not convenient to be ministred or used in medicine for the health of mans body the said four Censors or three of them shall or may take burn or otherwise destroy the same or cause to be taken burned or otherwise destroyed according to their discretions And we do further for us our Heirs and Successors Power to Convent Apothecaries c. give and grant unto the said President or Colledge and Comminalty and their Successors that the said four Censors for the time being or three of them shall and may have full and absolute power and authority at all times when and as often as to them shall be thought meet and reasonable to send for summon convent and cause to appear before them the said four Censors for the time being or any three of them at such times and places within the foresaid City and Suburbs of London or within seven miles thereof all or any such Apothecaries Druggists Distillers Preparers and Sellers of such Waters Oyls or Medicines as aforesaid or any other person or persons whatsoever using the Art or Mystery of an Apothecary or Druggist or the Trade or Craft of a Distiller Preparer or Seller of Waters Oyls or Medicines or that shall put or set to sale any Stuff Drugs Waters Oyls Medicines or other things whatsoever apt fit or used for Medicine either simple or compound within the foresaid City and Suburbs of London or within seven miles from the same And if any such person or persons so summoned or warned as aforesaid upon reasonable summons and garnishment to him or them made in that behalf shall not accordingly make his or their personal appearance before the said Censors for the time being or any three of them at such time and place as by the said Censors or any three of them is or shall be reasonably limited and appointed Then we do by these presents declare that it shall and may be lawful to and for the foresaid four Censors for the time being or any three of them to impose and inflict such reasonable penalty fine and amerciament upon every such person or persons so making default of appearance as the said four Censors or any three of them shall think meet in that behalf So as such fine or amerciament for any one such default exceed not the sum of Twenty shillings of lawful English money And if any person or persons summoned as Bad Medicines aforesaid shall make his or their personal appearance before the aforesaid four Censors for the time being or any three of them at such time or place as is or shall be limited and appointed and then and there it shall appear unto the said fonr Censors or any three of them that the said person or persons so appearing then or of late did put or set to sale keep or retain in his or their shop or shops house or houses any wares drugs waters oyls medicines or stuffs defective corrupted and not meet or convenient to be ministred in medicine for the health of mans body or that any such person or persons so summoned and appearing as aforesaid then or of late did make or compound or deliver out any medicine either simple or compounded differing from and not agreeable in name nature and quantity unto the prescript or direction delivered unto the said person or persons before the making compounding or delivery of the said medicine then the said four Censors for the time being or any three of them shall have full power and authority to impose a reasonable penalty fine and amerciament upon all and every person and persons so offending so as the same penalty fine or amerciament for any one default or offence exceed not at any one time the sum of Three pounds of lawful English money And further to imprison such offender untill he have made satisfaction and payment of the same fine so imposed
had made done provided and ordained by the said President and Colledge or Comminalty and their Successors or the greater part of them assembled together in their said Hall which said Register so to be named elected and made as aforesaid shall be and continue in the said office and place for and during the will and pleasure only of the said President and Colledge or Comminalty and their Successors or the greater part of them whereof the President to be one The said Register first taking his corporal Oath upon the holy Evangelists before the His Oath said President and four Censors for the time being or any three of them whereof the President to be one for the doing and performing of his true and faithful service to them in the said office and place from time to time And we do likewise will and for us our heirs and successors do by these presents grant unto the said President and Colledge or Comminalty and their Successors that they and their Successors or the greater part of them assembled in their said Hall shall and may from time to time when and as often as to them shall seem meet ordain Power to elect Officers make constitute and appoint such and so many other fit and meet officer or officers minister or ministers as to the said President and Colledge or Comminalty and theis Successors or the greater part of them shall be thought fit and necessary for their service and benefit unto all and every which said officers or ministers it shall be lawful to the said President and Colledge or Comminalty and their Successors or to the Censors or any three of them assembled together To give Oathes in their said Hall to administer and give oathes upon the said holy Evangelists for the due performance and execution of his and their office and place And the same Register and all and every other officer and minister by them to be elected made constituted or appointed as aforesaid from time to time upon reasonable and just cause to remove expell and put out of his and To expell their said offices and places and to elect and put others into his and their rooms and places when and as often as to the said President and Colledge or Comminalty and their Successors or the greater part of them shall seem meet and convenient And furher we do for us our heirs and successors give and grant unto the said President and Colledge or Comminalty and their successors That it shall and may be lawful to and for the said President and four Censors for the time being or any three of them whereof the President to be one to cause such persons which shall be convented for any the offences aforesaid and To take bonds of 100 l. to practise no more to his Majesties use shall be found offenders therin to become bound to us our heirs or successors and to our use in one or more several recognizances in such sum as they shall think fit not exceeding the sum of One hundred pounds with conditions for restraining them to offend any more in that behalf as to the President and four Censors or any three of them shall seem meet And if such person shall refuse to become so bound by such recognizance with such condition That then it shall and may be lawful to and for the said President and four Censors or any three of them wereof the President to be one to commit such Or to imprison such refusers person to prison and him to detain in prison until he shall become bound in such recognizance with such conditions as aforesaid And we do further of our especial favour certain knowledge and mere motion for us our heirs and successors give and grant unto the foresaid President and Colledge or Comminalty and their Successors special Licence free and lawfull liberty power and authority to acquire To purchase Lands purchase receive and take unto the said President and Colledge or Comminalty and their Successors Mannors Lands Tenements Tithes Rents Reversions and Hereditaments of or from any person or persons whatsoever not exceeding in the whole the clear yearly value of One hundred Marks of lawful English money above all charges and reprises So as the same Mannors Lands Tenements Tithes Rents Reversions and Hereditaments by vertue hereof to be acquired and purchased be not holden of us our heirs or successors immediately in chief or by Knights service or of any other person or persons by Knights service the Statute of alienation in Mortmayne or any other statute law ordinance or provision to the contrary thereof in any wise notwithstanding And we do further give and grant for us our heirs and successors unto the foresaid President and Colledge or Comminalty and their Successors that all and every Physician and Physicians that now is or are or that hereafter shall be elected admitted and made a Member of the foresaid Colledge or Comminalty shall from time to time be wholly and absolutely freed exempted and discharged of and from providing and bearing of any Armour or other munition within our Coll. freed from providing or bearing Arms. said City of London and the Liberties thereof or within seven miles compass as aforesaid Any Statute Act Ordinance Constitution or Usage to the contrary in any wise notwithstanding And we do further for us our heirs and successors A general Grant give and grant to the foresaid President and Colledge or Comminalty and their Successors and by these presents declare and manifest our pleasure for ever to be That the said President and Colledge or Comminalty and their Successors shall and may have take receive use exercise and enjoy all and singular the gifts grants liberties priviledges immunities freedomes benefits advantages profits commodities power ability and authority herein before mentioned or otherwise by any other former Letters Patents given granted or confirmed unto the President and Colledge or Comminalty or any of them without the lett hinderance interruption or disturbance of us our heirs or successors or of any the officers or Ministers of us our heirs or successors or of any other person or persons whatsoever And further of our like especial grace certain This Patent to be confirmed next Parliament knowledge and meer motion we will and for us our heirs and successors do promise and grant to and with the said President and Colledge or Comminalty and their Successors by these presents That at the next Parliament or Session of Parliament of us our heirs or successors to be holden within this our Realm of England We our heirs or successors will give and grant our Royal and free assent and consent to any Act Bill or Petition by the said President and Colledge or Comminalty or their successors or any of them in the same Parliament or Session of Parliament to be exhibited or preferred and by the Lords Spiritual and Temporal and the Comminalty of the said Parliament to be approved
and assented unto for the better enabling authorizing and investing of the said President or Colledge and Comminalty and their Successors to and with the several grants powers priviledges authorities exemptions immunities and other matters and things in these presents to them given granted and confirmed or intended to be to them given granted or confirmed according to our gracious intent and meaning herein before specified and expressed And further we will and by these presents for us our heirs and successors do grant unto the said President and Colledge or Comminalty and A farther Confirmation of this Chaâ—ter their Successors That these our Letters Patents and all and singular the gifts grants authorities powers priviledges and immunities and other things therein contained shall be good firm available and effectual in the law to the intents and purposes aforesaid and shall be in all and every our Courts of Record and elswhere had taken construed and adjudged most strongly against us our heirs and sucessors and most benignly favourably and beneficially to and for the said President and Colledge or Comminalty and their Successors any Statute Act Ordinance Custome Usage Gift Grant or any other matter or thing heretofore had made used ordained or provided to the contrary in any wise notwithstanding Nevertheless we will and our intent and meaning is That the said President and Colledge or Comminalty and their Successors shall answer and pay to us our heirs and successors for and in respect of the fines amerciaments penalties forfeitures and sums of money herein before mentioned and by these presents to them granted as aforesaid the yearly Rent of Six pounds of lawful Six pound Rent to the King money of England at the Receipt of our Exchequer at Westminster at the Feast of the Annunciation of the blessed Virgin Mary and St. Michael the Archangel by even and equal portions any thing herein contained to the contrary notwithstanding Although express mention of the true yearly value or certainty of the premises or any of them or of any other gifts or grants by us or any of our progenitors or predecessors to the foresaid President and Colledge or Comminalty heretofore made in these presents is not made or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordained or provided or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding In witness whereof we have caused these our Letters to be made Patents Witness our self at Westminster the eighth day of October in the fifteenth year of our Reign of England France and Ireland and of Scotland the one and fiftieth Yonge Per bre de privato Sigillo Irr. in memorand Scacc. de Anno octavo Regis nune Caroli viz. inter Record de termino sci Michis Ro. Ex parte Reverend dci dom Regis In magno Rotulo de Anno 23. Regis Caroli London PResidens Colleg. Coitas Medicor Lond. deb 27 l. 10 s. medietas 55 l. versus Johannem Bugge de parochia Ecclie Xpi London recuperat per Judicium Cur. quia exercuit facultatem Medicin per spatium xi mens integr non existen admissus ad exercendum occupand dict facultat medicin per President Collegium seu Communitat facultat Medicin London lris sigillo suo comui sigillat contra formam statuti iu hmoi casu edit provis super ipos onerat virtute Ordinis hujus Scacc. dat tertio Julii Anno 15 to Regis Caroli But the said sum of 27 l. 10 s. is allowed to the President and Colledge of the Faculty of Physick within the City of London by Letters Patents under the Great Seal of England bearing date the 8. day of October in the 15. year of the late King James of England and of Scotland the 51. and by Judgment of the Barons of this Court of publique Exchequer entred among the Records of Easter Term in the 7. year of the reign of the late King Charles in the custody of the first Remembrancer there Roll the 24. And they are quit Examined by Hen. Croke Clerk of the Pipe The Common Law against them that practice being not admitted SI un que nest Physition ou Surgeon emprent sur luy un cure que murrust in sa main que cest felonie Stanford Pleas of the Crown cap. 9. Fitz Herbert tit Cor. pag. 311. Briton fol. 14. Which Dalton thus Englisheth And if one which is no Physician or Surgeon or which is not allowed to use or practise such Faculty will take a cure upon him and his Patient dieth under his hand this hath been holden to be felonie Lambard Eiren. tit Felonie saith thus That Thorpe 43. Edw. 3. 33. saith he knew one to be indited accordingly But if this should be drawn to felony then I see not but that the same must be accounted murther in respect either of the bold presumption or of the will to do harm which doth amount to malice And Dalt in his Countrey Justice chap. 93. querieth thus of this Case It cannot be discerned whether the Patients death cometh by any wilfull default in the party taking such Cure upon him or by the Patients infirmities Again there appeareth in them no will to do harm but rather to do good and then the Stat. 34. Hen. 8. cap. 8. leaveth so great a liberty of such practise to unskilful persons that it will be hard now to make it felony A Copy of an Exemplification of a Recovery against Edmund Gardiner 11. Feb. 6. Jac. JAcobus dei Gra. Angl. Scot. Fran. Hibernie Rex fidei defensor c. OÌ„ibus ad quos presentes lÌ„re nÌ„re pervenerint saltem inspeximus quoddam Recordum coram nobis hitum in hec verba ss Plita coram dno Rege apud Westm Termino sci Michis anno Regni dom Jacobi nunc Regis Anglie tertio Rotlo 438. ss London ss memorand quod al 's scilt Termino sce Trinitatis ultimo preterit Coram dno Rege apud Westm ven Thomas Langton in Medicinis Doctor Presidens Collegii sive Coitatis facultatis Medicine London qui tam pro dno Rege qm pro seipo Collegio predcto sequitur per L. G. Atturnat suum Et protulit hic in Curia dct dom Regis tunc ibm quandam billam suam versus Edmundum Gardiner in Custod Marr. c. de plito debi sunt pleg de proc scilt Johes Doo Ricus Roo Que quidem billa sequitur in hec verba ss Londn ss Thomas Langton in Medicinis Doctor Presidens Collegii sive Coitatis facultatis Medicine London qui tam pro dno Rege quam pro seipo Collegio predco sequitur queritur de Edmundo Gardiner in Custod Marr. maresc dni Regis coram ipo Rege existen de plico quod reddat eidem dno Regi ac prefat Presiden Collegio predco Sexaginta libras legalis mouete Anglie quas eis debet injuste detinet pro eo viz.
after the custome of the said City The Barbers and Chirurgeons of London made one Company and incorporated of London and their successors from henceforth immediately be united and made one entire and whole body corporate and one Comminalty perpetual which at all times hereafter shall be called by the name of Masters or Governours of the mystery Comminalty of Barbers and Chirurgeons of London for evermore and by none other name And by the same name to implead and be impleaded before all manner of Justices in all Courts in all manner of Actions and Suits And also to purchase enjoy and take to them and to their successors all manner of lands tenements rents and other possessions whatsoever they be and also shall have a common Seal to serve for the business of the said Company and Corporation for ever And by the same name peaceably quietly and indifferently have possess and enjoy to them and to their successors for ever all such lands and tenements and other hereditaments whatsoever which the said Company or Comminalty of Barbers have and enjoy to the use of the said Mystery and Comminalty of Barbers of London And also shall peaceably and quietly have and enjoy all and singular benefits grants liberties priviledges franchises and free customes and also all manner of other things at any time given or granted unto the said Companies of Barbers or Chirurgeons by whatsoever name or names they or any of them were called and which they or any of them now have or any of their predecessors have had by acts of Parliament Letters Pattents of the Kings Highness or other his most noble progenitors or otherwise by any lawful means had at any time afore this present Act in as large and ample manner and form as they or any of them have had might or should enjoy the same this union or conjunction of the said companies together notwithstanding And as largely to have and enjoy the premises as if the same were and had been specially and particularly expressed and declared with the best and most clearest words and terms in the law to all intents and purposes And that The Barbers and Chirurgeons in London shall be exempt from bearing of armes or to be in watches or inquests 5. H. 8. 6. all persons of the said Company now incorporate by this present Act and their successors that shall be lawfully admitted and approved to occupy Chirurgery after the form of the Statute in that case ordained and provided shall be exempt from bearing of armour or to be put in any watches or inquests And that they and their successors shall have the search oversight punishment and correction as well of Freemen as of foreins for such offences as they or any of them shall commit or do against the good order of Barbery or Chirurgery as afore this time among the said mystery and Company of Barbers of London hath been used and accustomed according to the good and politick rules and ordinances by them made and approved by the Lords Chancellor Treasurer and two chief Justices of either Bench or any three of them after the form of the Statute in that case ordained and provided 19. H. 7. 7. And further be it enacted by the authority The Chirurgeons may take yearly four condemned persons for Anatomies aforesaid that the said Masters or Governors of the Mystery and Comminalty of Barbers and Chirurgeons of London and their successors yearly for ever after their said discretions at their free liberty and pleasure shall and may have and take without contradiction four persons condemned adjudged and put to death for felony by the due order of the Kings Lawes of this Realm for Anatomies without any further suit or labour to be made to the Kings Highness his Heirs or Successors for the same And to make incision of the same dead bodies or otherwise to order the same after their said discretions at their pleasures for their further and better knowledge instruction insight learning and experience in the said Science or Faculty of Chirurgery Saving unto all persons their heirs and successors all such right title interest and demand which they or any of them might lawfully claim to have in or to any of the lands and tenements with the appurtenances belonging unto the said Companie of Barbers and Chirurgeons or any of them at any time afore the making of this Act in as ample manner and form as they or any of them had or ought to have had heretofore Any thing in this present Act comprised to the contrary hereof in any wise notwithstanding And forasmuch as such persons being of the Mystery or Faculty of Chirurgery oftentimes meddle and take into their cure and houses such sick and diseased persons as been infected with the pestilence great Pocks and such other contagious infirmities do use or exercise Barbery as washing or shaving and other feats thereunto belonging which is very perillous for infecting the Kings liege people resorting to their shops and houses there being washed or shaven Wherefore it is now enacted or dained and provided by the authority aforesaid that no manner person within the City of London Suburbs of the same and one mile compass of the said City of London after the Feast of the Nativity of our Lord God next coming using any Barbery or shaving No Barber in London shall use Chirurgery or that hereafter shall use any Barbery or shaving within the said City of London Suburbs or one mile circuit of the same City of London he nor they nor none other for them to his or their use shall occupy any Chirurgery letting of bloud or any other thing belonging to Chirurgery drawing of teeth only except And furthermore in like manner whosoever that useth the mystery or craft of Chirurgery within the No Chirurgeon in London shall use the art of shaving circuit aforesaid as long as he shall fortune to use the said mystery or craft of Chirurgery shall in no wise occupy nor exercise the feat or craft of Barbery or shaving neither by himself nor by none other for him to his or their use And moreover that all manner of persons using Chirurgery for the time being as well freemen as foreins aliens and strangers within the said City of London the Suburbs thereof and one mile compass of the same City of London before the Feast of Saint Michael the Archangel next coming shall have an open sign on the street side where Every Chirurgeon in London shall have a Sign at his door they shall fortune to dwell that all the Kings liege people there passing by may know at all times whether to resort for their remedies in time of necessity And further be it enacted by the authority asoresaid None shall be a Barber in London but a Freeman of that Company That no manner of person after the said Feast of Saint Michael the Archangel next coming presume to keep any shop of Barbery or shaving
better reformation of divers enormities happening to the Common-wealth by the evil using and undue administration of Physick and for the enlarging of further Articles for the better execution of the things contained in the said Grant enacted Be it therefore now enacted That whensoever Whosoever shall be committed to prison by the President of the Colledge of Physicians in London shal be received and kept thereby the President of the Colledge or Communalty of the faculty of Physick of London for the time being or such as the said President and Colledge shall yearly according to the tenor and meaning of the said Act authorised to search examine correct and punish all offenders and transgressors in the said faculty within the same City and precinct in the said Act expressed shall send or a commit any such offendor or offendors a Co. li. 8. fo 114. for his or their offences or disobedience contrary to any article or clause contained in the said Grant or Act to any Ward Goal or Prison within the same City and Precinct the Tower of London except That then from time to time the Warden Goaler or Keeper Wardens Goalers or Keepers of the Wards Goals and Prisons within the City or Precinct aforesaid except before excepted shall receive into his or their Prisons all and every such person and persons so offending as shall be so sent or committed to him or them as is aforesaid and there shall safely keep the person or persons so committed in any of their prisons at the proper costs and charges of the said person or persons so committed without bail or mainprise until such time as such offendor or offendors or disobedient be discharged of the said imprisonment by the said President and such persons as by the said Colledge shall be thereunto authorised upon pain that all and every such Warden Goaler or Keeper doing the contrary shall lose and forfeit The offenders forfeiture and who shall have it and by what means the double of such fine and amerciament as such offender and offenders or disobedients shall be assessed to pay by such as the said President and Colledge shall authorise as aforesaid so that the same fine and amerciament be not at any one time above the sum of xx li. the moity thereof to be employed to the use of our Soveraign Lady the Queen her Heirs and Successors the other moity unto the said President and Colledge All which forfeitures to be recovered by action of debt bill plaint or information in any of the Queens her Heirs and Successors Courts of Record against any such Warden Goaler or Keeper so offending in which suit no essoine wager of Law nor protection shall be allowed ne admitted for the defendant And further be it enacted by the authority aforesaid Searching in London for Apothecary wares 32 H. 8. 40. for the better execution of the search and view of Poticary wares Drugs and Compositions according to the tenour of a Statute made in the two and thirdieth year of the reign of the said late King Henry the eighth that it shall be lawful for the Wardens of the Grocers or one of them to go with the said Physicians in their view and search that if the said Warden or Wardens do refuse or delay his or their coming thereunto forthwith and immediately when the said President or four of his Colledge Elect as aforesaid do call upon him or them that then the said Physicians may and shall execute that search and view and the due punishment of the The penalty for resisting search of Apothecary wares Apothecaries for any their evil and faulty stuffe according to the Statute last before mentioned without the assistence of any of the said Wardens any clause in the aforenamed statute to the contrary hereof notwithstanding And every such person or persons as will or shall resist such search shall forfeit for every such resistence x. li. the same penalty to be recovered in form aforesaid without any of the delaies aforesaid to be had in suit thereof And further be it enacted that all Justices Other Magistrates shall assist the Physicians in their search Maiors Sheriffs Bailiffs Constables and other Ministers and Officers within the City and Precincts above written upon request to them made shall help aid and assist the President of the said Colledge and all persons by them from time to time authorised for the due execution of the said Acts or Statutes upon pain for not giving of such aid help and assistence to run in contempt of the Queens Majesty her Heirs and Successors Queen ELIZABETHS Charter for Anatomies ELizabetha Dei gratia Anglie Francie Hibernie regina fidei defensor c. Omnibus ad quos presentes litterae pervenerint salutem Cum preclarissime memorie Pater noster Henricus octavus nuper Rex Anglie inter nonnullas alias in commodum utilitatem regni sui Anglie preclare admodum statutas stabilitas ordinationes saluti subditorum suorum summopere invigilans per literas suas patentes Collegium perpetuum quorundam gravium virorum medicorum qui medicinam in urbe sua Londino suburbiis ejusdem intraque septem miliaria ab ea urbe quaqua versus publice exercerent instituerit incorporaverit eos in corpus corporatum politicum per nomen Presidentis Collegii seu communitatis facult at is medicine Londini concesserit eidem presidenti Collegii sive communitatis predicte successoribus suis diversas libertates privilegia Quas lras patentes omnia in iis contenta idem Pater nr non solum per senatus consultum seu Parliamentâ—m suum tentum Annis quarto decimo quinto decimo regni sui confirmavit sed etiam per idem statutum in multis ad auxit amplificavit Quod Quidem pium institutum dci Patris nri quandoquidem in reipublice commoditatem cessit manifestam in majorem indies cessurum verisimile sit sinos quod rem medicam profitentibus maxime necessarium est concesserimus predictis presidenti Collegii sive communitatis predicte successoribus suis inperpetuum quotannis quaedam humana corpora ad anatomizandum ut informamur Sciatis qd nos non modo preclaram institucoÌ„em dicti Patris nostri merito recolentes verumetiam regiâ— officii nri munus arbitrantes regiminis nostri subditorum incolumitati saluti securitati quantum in nobis est providere de gra nra spiali ac ex nra scientia ac mero motu nostris concessimus ac per presentes pro nobis heredibus successoribus nostris concedimus prefato Presidenti Collegii sive communitatis medicine Londini predict successoribus suis sive eorum assignatis qd habeant accipiant annuatim Temporibus futuris inperpetuum una vice vel diversis anni vicibus ad discrecoem voluntatâ—m libertatem predict presidis pro tempore existm successorum suorum unum duo tria vel quatuor
corpora humana ad discindend anatomizand quod jure publico hujus regni furti homicidii vel cujuscunque felonie condemnatum mortuum fuerit vel que jure publico hujus regni furti homicidii vel cujuscunque felonie condemnat mort fuerint intra Comitatum Midd. vel infra Civitatem London predictam vel alibi ubicunque infra sedecim miliaria predict Civitatis prox in quocunque Comitatu sine impedimento nostri heredum vel successorum nostrorum aut vicecomitum Ballivorum servient ad clavam seu aliorum officiariorum aut subditorum nostrorum quorumcunque sive eorum alicujus Et Quod licebit eidem presidenti Collegii communitati predict successoribus suis aliis quibuscunque eorum assignatis medicine professoribus seu expertis eadem corpora secare dividere aliter pro voluntate judicio suo cum ea reverentia qua humane carni debetur tractare ad incrementum cognitionis medicine experimentum ejusdem ad salutem ligeorum nostrorum sine contradictione alicujus Et hoc absque ulla pecuniarum summa vel ullis pecuni arum summis pro eisdem reddend seu cuicunque solvend Proviso semper quod cum hujusmodi anatomia de tempore in tempus transacta perfecta fuerit predicta corpora sumptibus ipsorum presidentis successorum suorum debitis exequiis sepulture committaÌ„tur Eo Quod expressa mentio de vero valore Annuo aut de aliquo alio valore vel certitudine premissorum sive eorum alicujus aut de aliis donis sive concessionibus per nos vel per aliquem Progenitorum nostrorum prefatis presidents Collegii sive communitati facultatis medicine Londini ante haec tempora factis in presentibus minime fact existit Aut aliquo statuto Actu ordinatione proclamacoe provisione sive restricoe inde in contrarium habit fact edit ordinat sive provis Aut aliqua alia re caussa vel materia quacunque in aliquo non obstante In cujus rei testimonium has litteras nostras fieri fecimus Patentes Teste meipa apud Westmonasterium vicesimo quarto die Februarii Anno regni nostri septimo Per breve de privato sigillo c. Naylour Letters Pattents granted by King JAMES to the Colledge of Physicians in London dat 8. Octobr 15º regni sui JAmes by the grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas our most noble and Preamble renowned Predecessors King Henry the eight late King of this our Realm of England in his Princely wisdome deeply considering and by the example of forein well governed States and Kingdomes truly understanding how profitable beneficial and acceptable it would be unto the whole body of this Kingdome of England to restrain and suppress the excessive number of such as daily professed themselves learned and profound practisers in the Faculty of Physick whereas in truth they were men illiterate and unexperienced rather propounding unto themselves their private gain with the detriment of this Kingdome then to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilful practisers those that were learned grave and profound practisers in that Faculty should receive more bountiful reward and also the industrious Students of that profession would be the better encouraged in their studies and endeavours For these and many other weighty motives Recital of the Patent of incorporation causes and considerations our royal and Princely Predecessor King Henry the eight by his Letters Pattents bearing date at Westminster the three and twentieth day of September in the Tenth year of his reign of his especial grace and Princely favour did erect found and establish a Colledge Comminalty or Incorporation of Physitians in the City and Suburbs of London and for seven miles every way in distance from the same to be remain and have existence for ever and by the same Letters Pattents our aforesaid noble Predecessor did further give and grant unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said Faculty of Physick in the foresaid City of London That they and all of the said Faculty of Physick of and in the foresaid City of London should for ever from thenceforth be in name and deed one Body Comminalty and Colledge And further by the said Letters Pattents did give and grant unto the said Colledge and Comminalty full power ability and authority for ever annually to elect and make one of the said Colledge or Comminalty to be President of the said Colledge Corporation and Comminalty And that the said President so elected and made and the said Colledge and Comminalty should have perpetual succession and a common Seal for the behoof and benefit of the said Presideut Colledge and Comminalty and their Successors for ever And also by the said Letters Pattents did further give and grant unto the said President Colledge and Com. minalty and their Successors divers and sundry other liberties priviledges immunities power ability and authority not only to and for the benefit advantage and commodity of the foresaid President Colledge and Comminalty and their Successors but also for the more certain and easier discovery speedy restraint and certain repressing of the before mentioned unskilful and illiterate practisers in the said faculty of Physick as aforesaid As by the foresaid Letters Patents remaining of record amongst other things therein contained more plainly and fully it doth and may appear Which said Letters Patents and Confirmed by Parliament 14. H. 8. all and every Grant Article and other thing contained and specified in the same were by Act of Parliament made in the xiiii year of the reign of our said noble predecessor King Henry the eight approved granted ratified and confirmed and clearly authorised and admitted by the same good lawful and available to the said body corporate and their successors for ever and that the best construction that might be invented should be made thereof and of every part and parcel thereof for the best benefit behoof power and authority of the foresaid President Colledge and Corporation of Physicians as aforesaid And further by other several Acts of Parliament divers and sundry other Priviledges liberties By other Acts. ability power and authority are and were established ordained given and granted unto the said President Colledge and Corporation of Physicians and their successors as by the said several Acts of Parliament thereof made more fully and at large it doth and may appear Sithence the making of which said Letters patents and several Acts of Parliament we do nevertheless daily find that divers enormities and abuses not as yet sufficiently provided for and New Abusâ—s reformed do abound and increase to the apparent damage of us and our loving Subjects of this