ob raram praxin and that by the prescription of others he should have so severe a fine inflicted upon which the College Register was searched and there it appeared that before this Fine he had been 6 times accused for practice and several times had been fined in small mulcts Upon which account the Chief Justice declared that he thought it most reasonable that after he had been treated with so great clemency and yet render'd himself incorrigible he should have a severe Fine inflicted upon him And by reason that Physicians bills were often pleaded to justifie illegal practice he thought it most advisable that all Physicians for the future should write upon all their bills their Patients names and day of the month and year by which means the Cheats of Empiricks and other Impostors might more easily be detected Thus the Chief Justice having heard this cause and well approved of the censure of the College ordered that Ienkins should be forthwith returned back to Prison untill he had given satisfaction to the President and Censors Some friends of Ienkins moving that he might give security for his appearance and not be reimprisoned the Chief Justice answered that it was not in his power to grant their request for the Laws of the Kingdom had determined that as a Privilege belonging to the President and Censors It was then objected that by the Law no Citizen of London could be imprisoned per forinsecum aliquem The Chief Justice reading the words of the Statute and observing that they would bear no such sense replied that by such interpretations they might likewise infringe his authority As to Read he complained that the College had fined him more than the Statute would allow upon which complaint the Chief Justice diligently looked over the words of the Statute and declared that the College might inflict what penalty they pleased but the Keeper of the Prison was not obliged to detain his prisoner if they exceeded the fine of 20 l. He then justified his practice by a Statute made in the 34 35 H. 8. C. 8. By which it was lawfull for any person having the knowledge of herbs c. to practise at least in some diseases to which the Chief Justice answered that this he ought not to do because he was not admitted by the College In short the sum of the Chief Justice's opinion in hearing and deciding this cause was the following 1. There is no sufficient Licence without the College Seal 2. No Surgeon as a Surgeon may practise Physick no not for any disease though it be the great Pox. 3. That the authority of the College is strong and sufficient to commit to prison 4. That the censure of the College rising from lesser mulcts to greater was equal and reasonable 5. That it were fit to set to Physicians bills the day of the month and the Patient's name 6. That the Lord Chief Iustice cannot baile or deliver the College prisoner but is obliged by Law to deliver him up to the College censure 7. That a Freeman of London may lawfully be imprisoned by the College 8. That no man though never so learned a Physician or Doctour may practise in London or within seven miles without the College Licence Upon this the President and College presented the following Letter to the Lord Chief Justice To the Right Honorable Sir John Popham Knight Lord Chief Justice of England and one of her Majestie 's most honorable Privy Councill RIght honorable Albeit we acknowledge our selves to be most infinitely bound already to your good Lordship for many your most honorable favours extended to us and our Society heretofore for the which we render your Lordship most humble thanks Yet such is your Lordship's great care and continual good inclination to the maintenance of learning good orders and vertue That not onely we and our Societie that now is are now again more deeply obliged to your honor but also all our posterity in time to come shall have just cause to pray for your Lordship 's long lief and prosperity whose unspottable Integrytie hath been so well knowen to all England these many yeares and many moe shal be as we hope to the great good of our Countrie and to your Lordship's everlasting prayse and Memory and whose tender particuler favours have been so honorably and so willingly perfourmed to us of late in defence of our privileges against one Ienkins and Reade two ignorant intruders into the profession of Physick and two daungerous infringers and abusers of her Majestie 's Laws and Leege people as while the memory of the Society and College of Physitions of London shall remaine so long shall your Lordship's honorable most worthy name be celebrated and recorded among all such as ether love or professe the title of Learning And heere for our parts we protest we are right sorrie that our weaknesse is such as we are not any otherwise able moore then only by bare wordes and speeches to make manifest our inward affections and dutifull good meaning to your honor But yet all that lyttle whatever it is that lieth in our poore powre to perfourme we heere offer and present unto your Lordship with most humble devoted mynds to do your good Lordship any service that we can And so desiring to rest in your honor 's good conceyt and opinion we most humbly take our leave and praie for your Lordship 's long lief and prosperytie This 10th of Aprill 1602. Your Lordship 's most humble The President and Society of the College of Physitions in London After this upon the submission of Ienkins and request of the Chief Justice a third part of the fine of 20 l. imposed upon Ienkins by the Censors was remitted and he discharged from Prison Read likewise by the interest of the Bishop of London procured his discharge About 2 years and 4 months after Ienkins was again charged for practising of Physick which he denied but several instances of it being given he confessed that to some few Patients of Fevers c. he had prescribed purging physick c. Being then charged with selling of one sort of drink to all that came for it he confessed that he had sold such a Medicine but for the future would never do it and if in this manner or any other hereafter he should act contrary to the privileges of the College he would readily submit to the severest punishment Upon this modest confession of his and promise of not offending for the future but more especially out of respect to the Lord Chancellour in whose service he was the Censors inflicted no punishment upon him but onely interdicted him practice and then order was given by the College that 2 of their Members should wait upon the Chancellour to acquaint him how ill Ienkins had behaved himself towards the College and how candidly they had dealt with him upon his Honour's account This was taken very kindly by the Lord Chancellour who returned the College thanks for their
saith the Sheets wherein he hath layen are a special remedy for many Diseases especially the rising of the Mother and that many Lords and Ladies have made suit to lie in them and to my knowledge they have been try'd to no purpose 5. He saith that he goeth in fear that the Physicians and Surgeons of London will murther him and dare scarce drink with any man for fear of poisoning for which he is the more followed 6. He hath contemptuously used his juggling tricks since he was before the Lords of the Council convicted as a Delinquent 7. Since great Lords and Ladies and Gentlemen and rich men have fondly gone unto him whereof many of them to my own knowledge are blushingly ashamed yet if it may appear and be proved by any man That any man this man the 7th Son or any Son can doe it I think it not fit that his Majestie 's Royal Person should be troubled and his health endangered by such unwholsome and noisome people as many of them be when it may be done by any other All these things before written have been credibly reported to me by honest men of very good credit who have been abused by him and are ready to testifie upon their oath if it shall be required and I conceive it to be my duty and office to call it to examination which I leave to your grave and learned considerations And rest at your service W. Clowes Serjeant Surgeon to his Majesty THese are to certify whom it may concern that about 16 or 18 months now past coming to Leverett with my Child Leverett used these words in my hearing to some there present viz. Do you see this fool He left me and went to the King for the cure of his Child but I will now make him stay my leisure before I touch him and so caused me to stay 2 or 3 days and then touched my Child 3 times upon 3 several days which did my Child no manner of good as I conceive And further Leverett would reprove any one sharply that offered to touch his hand saying that virtue went out of him when he was touched And when Leverett's hands grew hot and began to sweat he would say Now I must go to work And I further certify that the said Leverett willed me by any means to stop up my Child's issue and take off the Angel pretending that he the said Leverett would do the cure which issue I did stop for 3 days and it was like to have cost my Child's life Nov. 28. 1637. Edward Pate THese are to certify whom it may concern that James Leverett by profession a Gardiner hath heretofore undertaken to cure all diseases with the touch of his hand but more particularly the King 's Evil which he did undertake to cure in my Child pretending that he would take no money nor make any bargain But I did find by the carriage and passage of all his proceedings that he did intend and expect nothing more than money and profit for notwithstanding he had sufficient security by the promise of a friend for his satisfaction when he had done his work yet he would constantly perform nothing in the Cure as was expected unless he were daily fed with Wine and Tobacco and other gifts as also with much entreaty for his pretence was in these words that if he should touch so often he should feel virtue and strength go from him so much that he could not go up stairs to his bed but upon all four But I think it was rather Drink and Tobacco that did weaken than any virtue that could go from such a deceiver for I can prove that he was so drunk upon a Sunday some 3 or 4 months past that he was fain of necessity to creep up stairs to his bed upon his hands And I do think he is a mere Impostour and Cousener of the King's Subjects Nov. 14. 1637. Moreover I was present when he would not touch a Maid unless she would kiss him to which she did offer her self Tho. Clowes THese are to certify whom it may concern that having been in company with Iames Leverett I have heard him utter such words as these How that after he had touched several parties in the day time he found such a weakness to possess him at night that he was not able to get up stairs to bed without the help of his hands And this I will affirm if I should be called to answer upon my Oath Samuel Turner THese are to certify whom it may concern that Iames Leverett some months since promised the cure of a Tettar upon my right hand which he would doe by way of touching my hand I told him I did not believe he could do me any good by that means the infection being in my Liver He replied that he could do by way of touching my breast and could give me as many stools as the cause required by the way of touching with his hands And he often touched my hand and breast yet did me no good at all nor had no purging operation For his pains he received 10 s. To speak truth I do believe this Leverett to be a mere Impostor and one that daily abuseth his Majestie 's Subjects Witness my hand the 15th day of Nov. 1637. G. THese presents certify whom it may concern that Iames Leverett who named himself so to be some days since promised the Cure of a sore Breast which my Wife had and likewise my daughter of the King 's Evil by way of touch with his hand which he made trial of Notwithstanding which they found no benefit thereby For which his undertaking he received 20 s. of me This fellow I believe to be a mere Mountebank and deceiver of his Majestie 's people Witness my hand the 15th of Nov. 1637. Robert South An exact Note taken the 12th of November 1637. out of the Register book of the Parish of St. Clements East-cheap London as followeth viz. Samuel Leverett Butcher was married to Agnes Whitaker 13 Febr. 1576. His Childrens names are as followeth 1. Iohn Leverett his first Son was baptized the 20th of Iuly 1577. 2. Henry Leverett his second Son was baptized the 20th of December 1579. 3. William Leverett his third Son was baptized the 20th of Ianuary 1582. 4. Iames Leverett his fourth Son was baptized the 19th of September 1585. 5. Henry Leverett his fifth Son was baptized the 16th of October 1586. 6. Simon Leverett his sixth Son was baptized 16 Feb. 1588. 7. Anne Leverett daughter of the said Samuel was baptized 17 Ian. 1590. This Register was searched from the time of his marriage and before many years to the time of his death who was buried in the said Parish the 8th of May 1621. and so never had any other wife By me David Morris Clerk of St. Clement's East-cheap Geo. Brome Officer of the College of Physicians London The humble answer of the President and College of Physicians London to the Lords and others of
and Constitutions soe as aforesaid to be made Wee will shal be observed and kept under the paines and penaltyes in the same to be lymited and conteyned Soe as the same Acts Statutes and Ordinances Imprisonments fines and amerciaments be not contrarie or repugnant to the Laws and Statutes of this our Realme of England And further Wee will and by these presents for us our heires and successors doe graunt to the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled together in their said Hall shall and maie nominate elect and appoint one honest and discreet person which shall be and be called the Register to the said Colledge who shall from time to time be attendant on the said President and Colledge or Comminaltie and their Successors at their Assemblies Courts Congregations or meetings and shall sett downe in writinge register and enter into a booke all such Rules Orders Statutes Decrees Acts Ordinances and other things as shall from time to time be had made done provided and ordayned by the said President and Colledge or Comminaltie and their Successors or the greater parte of them assembled together in their said Hall Which said Register soe to be named elected and made as aforesaid shal be and continue in the said office and place for and during the will and pleasure onely of the said President and Colledge or Comminaltie and their Successors or the greater parte of them whereof the President to be one The said Register first taking his corporall oath upon the Holy Evangelists before the said President and four Censors for the time being or any three of them whereof the President to be one for the doeing and performing of his true and faithfull service to them in the said office and place from time to time AND Wee doe likewise will and for us our heires and successors doe by these presents graunte unto the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled in their said Hall shall and may from time to time when and as often as to them shall seeme meete ordaine make constitute and appoint such and soe many other fitt and meete Officer or Officers Minister or Ministers as to the said President and Colledge or Comminaltie and their Successors or the greater parte of them shal be thought fitt and necessarie for their service and benefitt Vnto all and every which said Officers or Ministers it shal be lawfull to the said President and Colledge or Comminaltie and their Successors or to the Censors or any three of them assembled together in their said Hall to administer and give oathes upon the said Holy Evangelists for the due performance and erecution 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 their said offices and places and to elect and put others into his and their roomes and places when and as often as to the said President and Colledge or Comminaltie and their Successors or the greater parte of them shall seeme meete and convenient AND further Wee doe for us our heires and successors give and graunt unto the said President and Colledge or Comminaltie and their Successors that it shall and may be lawfull 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 shal be convented for any the offences aforesaid and shal be found offendors therein to become bound to us our heires or successors and to our use in one or more severall recognizaunces in such summe as they shall think fitt not exceeding the summe of one hundred poundes with conditions for restrayning them to offend any more in that behalf as to the President and four Censors or any three of them shall seeme meete And if such person shall refuse to become soe bound by such recognizance with such condition That then it shall and may be lawfull to and for the said President and four Censors or any three of them whereof the President to be one to commit such person to prison and him to deteyne in prison untill he shall become bound in such recognizance with such condition as aforesaid And Wee doe further of our especiall favour certaine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors speciall licence free and lawfull libertie power and authoritie to acquire purchase receive and take unto the said President and Colledge or Comminaltie 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 cleere yearely value of one hundred Marks of lawfull English money above all charges and reprises Soe as the same Mannors Lands Tenements Tithes Rents Reversions and Hereditaments by virtue hereof to be acquired and purchased be not holden of us our heires or successors immediately in Chief or by Knightes 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 Wee doe further give and graunt for us our heires and successors unto the foresaid President and Colledge or Comminaltie and their Successors that all and every Physitian and Physitians that now is or are or that hereafter shal be elected admitted and made a member of the foresaid Colledge or Comminaltie 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 said Citie of London and the Liberties thereof or within seaven miles compasse as aforesaid Any Statute Act Ordinance Constitution or usage to the contrary in any wise notwithstanding AND Wee doe further for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors and by these presents declare and manifest our pleasure for ever to bee That the said President and Colledge or Comminaltie and their Successors shall and may have take receive use exercise and enjoy all and singular the guifts graunts liberties priviledges immunities freedomes benefitts advantages profitts commodities power abilitye and authoritye herein before mentioned or otherwise by any other former Letters Patents given graunted or confirmed unto the President and Colledge or Comminaltie or any of them without the lette hinderance interruption or disturbance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons whatsoever
expences in the sueing for or obteyning thereof respectively being first deducted and reteyned shall from tyme to tyme for ever hereafter within three Moneths after payment recovery or obteyning thereof bee well and duely imployed distributed and disposed of by the said President and Fellowes of the said Colledge of Physitians and their Successors or the major part of them for the tyme being whereof the President for the tyme being to bee one to and amongst the poore of the Parishe or Place Parishes or Places respectively wherein the Offence or Offences for which such Fyne or Fynes Amerciament or Amerciaments respectively shall bée sett or imposed as aforesaid is are or shall bee respectively done or committed in such manner and by such proportions as to them shall seeme fitting and requisite without the lett disturbance or interruption of us our heires or successors or any the Officers or Ministers of us our heires or successors and without giveing or rendering any account or recompence thereof or therefore to us our heires or successors NEVERTHELESSE Wee will and our intent and meaning is That the said President Fellowes and Comonalty of the said Colledge and Corporation and theire Successors shall answeare and pay unto us our heires and successors for and in respect of the said penalties and forfeitures of Tenn pounds per Mensem and five pounds per Mensem herein before mentioned and to them by these presents graunted as aforesaid the yearely Rent of six pounds of lawfull money of England in liew and stead of the like yearely rent of six pounds reserved and payable in and by the Letters Patents of our said Royall Grandfather above mentioned to bée paid att the Receipt of our Exchequer att Westminster att the feast of Saint Michaell the Archangell and the Annunciation of the blessed Lady Mary the Virgin by even and equall portions Any thing in these presents contayned to the contrary thereof in any wise notwithstanding AND for the preventing of any question that may arise concerning a double rent KNOW YEE further that Wée of our especiall grace certaine knowledge and meere motion HAVE remised released acquitted and discharged And by these presents for us our heires and successors Doe remise release acquitt and discharge aswell the said President and Colledge or Comonalty in the Letters Patents aforesaid specified and theire Successors as the said President Fellowes and Commonalty and their Successors and every of them of and from the said yearely rent of six pounds reserved and payable by the said Letters Patents of our said Royall Grandfather as aforesaid and of and from all and every part and parcell thereof And all our right interest title clayme and demaund of in or to the same every or any part thereof AND Wée will and by these presents for us our heires and successors doe graunt unto the said President Fellowes and Commonalty of the Kings Colledge of Physitians aforesaid and to their Successors that the President and Fellowes or the Vice-president and Fellowes of the same Colledge for the tyme being in the absence of the President or the major part of them present being not lesse in number then fifteene whereof the President or in his absence the Vice-president to bee one being assembled together in their Hall or Council-house aforesaid shall and may from tyme to tyme Nominate Elect and Appoint One honest and discreet person being one of the Fellowes of the said Colledge whoe shall bée and shall bée called the Register to the same Colledge and shall from tyme to tyme bée attendant on the President and Fellowes of the said Colledge and their Successors and shall sett downe in writing register and enter into a Booke all such Rules Orders Statutes Decrees Acts Ordinances and other things as shall from tyme to tyme bée had made done provided or ordeyned by the said President and Fellowes and their Successors or the greater part of them att such their Courts Meetings and Assemblies aforesaid and alsoe shall and may from tyme to tyme when and as often as to them shall seeme meete ordaine make constitute and appoint such and soe many other meete Officer or Officers Minister or Ministers as to the said President and Fellowes or Vice-president and Fellowes in the absence of the President and their Successors or the greater part of them assembled as aforesaid from tyme to tyme shall bée thought fitt and necessary for their service and benefitt WHICH Register Officers and Ministers shall from tyme to tyme bée duely and severally sworne before the President or in his absence the Vice-president of the same Colledge for the tyme being according to the prescript and directions abovesaid and the true intent and meaning of these presents AND the same Register and all and every other Officer and Minister by them to bée soe elected made constituted or appointed as aforesaid shall and may from tyme to tyme upon reasonable and just cause remove expell and putt out of his and their said Offices and Places and elect and putt others in his and their roomes and places when and as often as to the said President and Fellowes or Vice-president and Fellowes in the absence of the President or the greater part of them whereof the President or in his absence the Vice-president for the tyme being to bée one shall seeme meete and convenient AND FURTHER Wee doe for us our heires and successors give and graunt unto the said President Fellowes and Commonalty of the Kings Colledge of Physitians aforesaid and theire Successors that itt shall and may be lawfull to and for the said President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them whereof the President or in his absence the Vice-president to bee one to cause such persons as shall be convented for any the offences aforesaid and shall bee found offenders therein to become bound unto us our heires and successors and to our use in one or more severall Recognizances in such summe or summes as they shall thinke fitt not exceeding the summe of One hundred pounds with Conditions thereunto for restrayning them to offend any more in that behalfe as to the President or Vice-president and Censors in the absence of the President and Censors or any three of them whereof the President or in his absence the Vice-president for the tyme being to bee one shall seeme meete And if such person or persons shall refuse to become soe bound by such Recognizance with such condition that then itt shall and may bee lawfull to and for the said President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them whereof the President or in his absence the Vice-president to bee one to commit such person and persons to prison and him and them to deteyne in prison untill he or they shall
of Physick in London but by forfeiture of 5 li. by the month which is to be recovered by the Law 2. If any practise Physick there for a less time than a month that he shall forfeit nothing 3. If any person prohibited by the Statute offend in non bene exequendo c. they may punish him according to the Statute within the month 4. Those who may commit to prison by the Statute ought to commit presently 5. The fines which they set according to the Statute belong to the King 6. They cannot impose a fine or imprison without a Record of it 7. The cause for which they impose fine and imprisonment ought to becertain for the same is traversable For although they have the Letters Patents and an Act of Parliament yet because the party grieved hath not other remedy neither by Writ of Error or otherwise and they are not made Iudges nor a Court given to them but have an authority onely so to doe the cause of their commitment is traversable in an action of false imprisonment brought against them as upon the Statute of Bankrupts their Warrant is under the great Seal and by Act of Parliament yet because the party grieved hath no other remedy if the Commissioners do not pursue the Act and their Commission he shall traverse That he was not a Bankrupt although the Commissioners affirm him to be one as this Term it was resolved in this Court in Trespass betwéen Cutt and Delabarre where the issue was Whether William Piercy was bankrupt or not who was found by the Commissioners to be a bankrupt à fortiori in the Case at Bar the cause of the imprisonment is traversable for otherwise the party grieved may be perpetually without just cause imprisoned by them But the Record of a force made by one Iustice of Peace is not traversable because he doth the same as Iudge by the Statutes of 15 R. 2. and 8 H. 6. and so there is a difference when one maketh a Record as a Iudge and when he doth a thing by a special authority as they did in the Case at Bar and not as a Iudge And afterwards for the said two last points Iudgment was given for the Plaintiff nullo contradicente And I acquainted Sir Thomas Fleming Chief Iustice of the Kings Bench with this Iudgment and with the reasons and causes thereof who approved of the Iudgment which we had given And the same is the first judgment upon the said Branch concerning fine and imprisonment which hath béen given since the making of the said Charter and Acts of Parliament and therefore I thought it worthy to be reported and published Dr. Bonham's Case as reported by Brownlow and Goldesborough Trinity 7 Jac. 1609. in the Common Bench. THomas Bonham brought an Action of false imprisonment against Dr. Atkins and divers other Doctors of Physick The Defendants justified that King H. 8. Anno Decimo of his Reign founded a College of Physicians and pleaded the Letters Patents of the Corporation And that they have authority by that to chuse a President c. as by the Letters Patents c. and then plead the Statute of 32 H. 8. Cap. 40. And that the said Doctor Atkins was chosen President according to the said Act and Letters Patents And by the said Act and Letters Patents it is provided That none shall Practise in the City of London or the Suburbs of it or within seven miles of the said City or exercise the faculty of Physick if he be not thereto admitted by the Letters of the President and College sealed with their Common Seal under the penalty of a hundred shillings for every month that he not being admitted shall exercise the said faculty Further we will and grant for us and our Successors to the President and College of the Society for the time being and their Successors for ever that they may chuse four every year that shall have the overseeing and searching corecting and governing of all in the said City being Physicians using the faculty of Medicine in the said City and of other Physicians abroad whatsoever the faculty of Physicking by any means frequenting and using within the said City or Suburbs thereof or within seven miles in compass of the said City and of punishing them for their offences in not well executing making and using it And that the punishing of those Physicians using the said faculty so in the Premisses offending by fines amerciaments imprisonments of their bodies and by other reasonable and fitting ways shall be executed Note the Preamble of these Letters Patents is Quòd cùm regii officii nostri munus arbitremur ditionis nostrae hominum foelicitati omni ratione consulere Id autem vel imprimis fore si improborum conaminibus tempestivè occurramus apprimè necessarium fore duximus improborum quoque hominum qui medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitebuntur unde rudi credulae plebi plurima incommoda oriuntur audaciam compescere And that the Plaintiff practised in London without admission of the College and being summoned to appear at the College and examined if he would give satisfaction to the College according to the said Letters Patents and Statute he answered that he had received his Degrée to be Doctor of Physick by the Vniversity of Cambridge and was allowed by the Vniversity to practise and confest that he had practised within the said City and as he conceived it was lawfull for him to practise there That upon that the said President and Commonalty fined him to a hundred shillings and for not paying of that and his other contempt committed him to Prison To which the Plaintiff replyed as aforesaid and upon this demurrer was joyned And Harris for the Defendants saith That this hath béen at another time adjudged in the King's bench where the said College imposed a fine of five pound upon a Doctor of Physick which practised in London without their admission and for the non-payment of it brought an action of debt and adjudged that it lay well and that the Statute of 32 H. 8. extends as well to Graduates as to others for it is general and Graduates are not excepted in the Statute nor in the Letters Patents and all the mischiefs intended to be redressed by this are not expressed in that and the Statute shall not be intended to punish Impostors onely but all other which practise without examination and admittance For two things are necessary to Physicians that is learning and experience and upon that there is a Proverb Experto crede Roberto And the Statute intends that none shall practise here but those which are most learned and expert more than ordinary And for that the Statute provides that none shall practise here without allowance and examination by the Bishop of London and the Dean of Pauls and four learned Doctors But in other places the examination is referred onely to the Bishop
time to time authorized for the due execution of the Acts and Statutes in that behalf made upon pain for not giving such aid help and assistance to run in contempt of the King's Majestie his Heirs and Successors Now forasmuch as we have been enformed by the President of the College that there are sundry unskilfull persons within the precincts and limitts aforesaid who doe use and practise the said faculty contrary to the same Statutes of this Realm in that case provided and to the great peril and danger of the lives of many of his Majestie 's subjects These are to will and require you and in his Majestie 's name streightly to charge and command you that henceforth at all time and times you according to the tenour of the said Act be aiding and assisting to the said President and to those that shall be lawfully authorized by the said President and College for the apprehending of all such persons as shall unlawfully use and practise the said faculty within the limits aforesaid contrary to the intent and meaning of the Statutes aforesaid when they or any of them shall give you notice of and require and thereupon to bring them before the said President or those authorised as aforesaid to their College there to be examined and proceeded against as to the Law in that case shall appertain Whereof fail you not as you and every of you will answer the contempt in that behalf made Yeven under our hands at Whitehall the xxiiiith day of July An. Dom. 1609. and in the seventh year of the Reigne of our Sovereign Lord James by the grace of God King of England France and Ireland Defender of the Faith c. and of Scotland the two and fortieth R. Cant. T. Ellesmer Canc. R. Salisbury H. Northampton T. Suffolk W. Knollys J. Stanhope Jul. Caesar Tho. Parry Tho. Fleming Jo. Corbet About 13 years after the King was pleased to send a Letter to the President and Censors of the College requiring them to summon all illegal and ignorant practitioners in order to examine their sufficiency and to punish the insufficient according to the Laws in that case provided The Contents of which are as follow To our trusty and welbeloved the President and Censors of the College of Physicians within our Cittie of London JAMES R. TRusty and welbeloved We greet you well Whereas the Art of Physick by many unlearned men making gain by the profession thereof to the great hurt and prejudice of many of our loving subjects is much abused in many places in this our Realm but especially in our City of London and the Suburbes thereof the government whereof as touching the practice of the said Art and the practitioners thereof being by the Lawes and Statutes of the Realme committed unto you the President and Censors of our College of Physicians and you having also from us by our Letters Patents more ample authority for the suppression and correction of such Delinquents We therefore minding so farre as in us lyeth the speedy reformation of all such abuses and inconveniences do by these presents as heretofore yet more strictly charge and command you the President and Censors aforesaid to call before you all such irregular and ignorant Practitioners as contrary to our Lawes and authority do abuse that Art and to examine their sufficiency and such as you shall find not sufficient to punish for their said practice according to our Lawes in that case provided And whereas we are credibly given to understand that many having been punished and warned by you to desist from any further practice do yet obstinately notwithstanding persist in the former contempt of our Laws and commandments We will and command you that you proceed against such Delinquents with all severity according to the tenor of our said Letters Patents and the due course of our Lawes by fine and imprisonment or by causing them to enter into Recognisances with condition restraining them to offend any more or otherwise as the case shall require and is agreeable to Iustice And our will and pleasure is that such offendors as shall be so imprisoned shall there remaine without being enlarged unlesse it be upon their conformity and submission to you the said President and Censors or other due course of Law Wherein we require all our Iudges and Iustices that they be very carefull and circumspect not to do any thing that may give encouragement to such offendors by enlarging any such too easily without due examination of the causes of their Commitment first calling thereto the President and Censors or some of them to declare the true reasons and causes thereof And whereas we are given to understand that oftentimes upon the sollicitation of some or other friend or person of Quality suiter to you for the sad Delinquents after their conviction you have been moved to wink at their faults and neglect their punishment to the great prejudice of the health of many of our poor subjects Our will and pleasure is and we do hereby streightly charge and command you that henceforth neither for favour friendship or respect of any you forbeare the just censure and punishment due by our Lawes to such Delinquents as you shall answere us on the contrary at your peril and that you require the aide and assistance of the Lord Mayor and Aldermen of our City of London whom by our Letters we have so required to do for your better expedition in the execution of this our Royal will and commandment not doubting but that you with more care will seek to suppresse such intolerable abuses and satisfy our trust in this case committed to you Given under our signet at our Palace of Westminster the second day of July in the twentieth yeare of our reign of England France and Ireland and of Scotland the five and fiftieth At the same time another Letter was sent from the King to the Lord Mayor Aldermen and Justices of London the Copy of which is the following WHereas in the time of our Predecessors of famous memory by several Acts of Parliament as also by our late Charter there hath been sufficient provision and power given and granted to the College of Physicians in London to reforme and suppresse all and singular unlawfull and unlearned practitioners in Physick and hearing neverthelesse that divers unskilfull and unlearned men and women do rashly adventure to enter into the practice of Physick to the great danger and hurt of our subjects We therefore now finding that neither Acts of Parliament nor our Charter heretofore granted have for want of execution wrought such good effects as we wish alwayes for the good of our subjects do by these presents charge you the Lord Mayor Aldermen and Iustices of peace within our City of London and the precincts that with all readynesse you do aide and assist the President and Censors for the time being of our College of Physicians in London or such Officers as the President and the said College
hidden Arts of Magick and Astrology for which reason he was highly admired by some Ladies of Quality who were very bountifull to him But in truth he was a very wretched Knave and formerly well known to the College for many of his wicked and knavish Impostures and at this very time by the command and at the instance of some persons of Quality was in prison out of which that he might free himself he personated the Physician to the right Reverend Bishop of Durham who being sent by him as appears by his Lordship's Letter to the College He was by the Censors found most egregiously ignorant as appears by the following examination a Copy of which with the College's answer to the Bishop's Letter was sent by Sir William Paddy the Contents of which are the following To the Right Reverend Father in God the Lord Bishop of Duresme one of the Lords of his Majestie 's most honourable Privy Council Right Reverend and our especial good Lord ACcording to your Honours order signifyed unto us by your Letter to take Mr. Lambe into our examination who was brought before us the 18th of this December It may please your Honour to understand that we have attended the performance thereof with all the duty and care we could And for that we conceived your Honour's pleasure was and so likewise our own Statutes doe direct us that he should be entreated with favour rather than otherwise We therefore caused him to be opposed though contrary to our custome in that language wherein alone he is good and further in the easiest way of Physick and Chirurgery that we could think of The brief of which examination and of his answers we have sent herewith to your Honour that your Honour may see the particulars of our proceedings with him and from what confession of his owne and from what other evidences besides it comes that by the sentence of the College Mr. Lambe stands convict and guilty of all manner of infufficiency and ignorance in this faculty Whereof that your Honour hath been pleased to require to be certified from us and to that end hath caused the Offender to be brought hither as the true and proper place of his trial as an Act intended by your Honour to advance the cause of learning We do acknowledge our selves to be ever most highly bounden to your Honour and in our most dutifull manner do give your Honour most humble thanks therefore Almighty God keep your Honour in long prosperity At our College house the 19th of this December Your Honours humbly at commandment Io. Argent Pres Sim. Fox Regist Othowell Meverell Fr. Herrin Robert Fludd Helkiah Crooke The Examination of Iohn Lambe before the College of Physicians as it was sent to the Bishop of Duresme 1. Being asked of his beginning in Physick and of the means how he came by his knowledge and whether his bringing up were that way or no and required to reade a little in a Latine Galen He answereth that he never had taken to that study that he makes no profession thereof but that he lives by making Gentlemen merry nor understandeth Latine 2. Being asked by what signs he knows a disease and how to cure it He answereth he knoweth no signs but onely as he is told by the party and for cure that he is not wont to use any thing but a few outward things and sometimes a little pulvis sanctus which from the Apothecaries he hath learned to be a Purge 3. Being asked in Astrology what house he looketh unto to know a disease or the event of it and how the Lord Ascendant should stand thereto He answereth he looks for the sixth house which being disproved he saith he understands nothing therein but what he hath out of Caliman and being asked what books he hath read in that Art he saith he hath none but Caliman 4. Being asked how he knows an Apoplexy and how he cures it He answereth he knows nothing unless he be told nor doth use any thing for cure but a few Oils and Unguents and that for satisfaction onely 5. Being asked in Chirurgery What is a Revulsion or Derivation He answereth he knoweth not the terms 6. Being charged with contradiction that in the College he confesseth himself ignorant and denieth practice whereas in his examination by the Lord Bishop of Durham he made shew of long experience and sufficience and of having done many great cures as by his Lordship's Letter appeareth He answereth that he did not profess any such thing to his Lordship and that he craves mercy of the College and that they would not be the cause of his undoing 7. Being pressed from the notoriousness of his practice and publick fame that goes of him and the great resort made unto him He answereth it is without his desert that he cannot hinder comers to him and that all he did was trifles and fooleries and babbles to get a little money Dr. Alexander Leighton being required by the Censors to give an account by what authority he practised Physick He told them by virtue of his Doctour's degree which he had taken at Leyden under Professour Heurnius He was charged as being in Presbyter's orders and asked why he did not stick to his Ordination He excepted against the Ceremonies yet owned himself a Preacher and acknowledged his practising of Physick In several parts whereof he was examined but giving no satisfaction and being perverse as to Ecclesiastical affairs He was by the President and Censors interdicted practice After this endeavouring to procure a Licence it was denied him because in Holy orders the Statutes of the College declaring that none such should be admitted into the College or permitted to practise Wherefore he was a second time forbidden practice But he still persisting to practise in London or within 7 miles was arrested and afterwards censured tanquam infamis he having been censured in the Star-Chamber and lost his ears Ellin Rix was complained of by Mrs. Lee for her boy dead of a consumption Rix having promised her in 14 days to make him sound and bargained for 3 li. she had 15 s. aforehand and arrested her for the rest She gave this boy purging drinks once a day for 7 days together and twice a day for 7 days more But the boy dyed in a fortnight after She likewise complained of her for promising an absolute cure to her husband in 14 days of a dead Palsie she had of him 3 li. and was to have as much more upon cure She confessed practice and was censured imprisonment with a mulct of 5 li. and required to give bond that she would not practise for the future She lay in prison for 14 days then endeavoured her enlargement by Habeas Corpus which being denied and being referred to the Censors she was then willing to pay part of her fine presently and the rest shortly after and give a bond of 20 l. with security to the King that she would not practise for