Physitians in the Cittie of London shall be and remayne at all times hereafter for ever persons able and in Lawe capeable to have purchase receive possesse hold and enjoy any Mannors Lands Tenements Liberties Priviledges Franchises Iurisdictions and Hereditaments whatsoever of what name nature qualitie kind or condition soever the same or any of them shall bee to them and their successors in fee and perpetuity or otherwise And alsoe Goods and Chattells and all other things of what name nature quality or kinde soever the same be And alsoe by the same name to give graunt demise alien assigne and dispose the said Mannors Lands Tenements and Hereditaments Goods and Chattells And alsoe to doe and execute all other things lawfull necessary and convenient for the common profitt of the said Colledge And alsoe by the same name of the President Fellowes and Comonalty of the Kings Colledge of Physitians in the Cittie of London They shall and may for ever hereafter pleade and be impleaded answere and be answered unto defend and be defended in all and whatsoever Courts and places and before whatsoever Iudges and Iustices and other Persons and Officers of us our heires and successors in all and singular Actions pleas suites quarrells causes matters and demaunds whatsoever of what name nature qualitie or kind soever the same are or shal bee in the same manner and forme as any other subjects of this our Kingdome of England being persons able and capeable in Law or any other body Corporate or Politique within this our Kingdome may or can have purchase receive possesse give grant demise alien assigne and dispose pleade and be impleaded answere and be answered unto defend and be defended doe performe or execute And alsoe that they and their successors shall and may for ever hereafter have a Common Seale to serve and use for all causes matters things and affaires whatsoever of them and theire successors which shall alwayes bee and remayne in the custody and keeping of the President of the said Colledge of Physitians for the tyme being And that it shall and may bee lawfull to and for the President and Fellowes of the same Colledge or the major part of them for the tyme being to breake alter change or make new the said Seale from tyme to tyme att theire wills and pleasures and as to them shall séeme requisite and fitt AND alsoe from tyme to tyme and att all tymes hereafter to use and dispose of the Common Seale of the said Colledge for the time being in and about all things matters and affaires whatsoever of or concerning the same Colledge and Corporation in such manner as to them shall seeme fitt and requisite AND for the better order rule and governement of the said Colledge and Corporation and the matters and things thereof and the due and orderly correcting and punishing of all offences and offenders within the power and jurisdiction of the same Colledge and Corporation WEE doe by theise presents for us our heires and successors will ordeyne constitute declare and graunt that there bee and for ever hereafter shal bee forty Fellowes of the said Colledge and Corporation hereby constituted And that thereof att present and for ever hereafter there bee one President Tenn Elects and fower Censors duely appointed nominated and chosen to bee and shall bee respectively President Elects and Censors of the same Colledge and Corporation And all the same Fellowes President Elects and Censors respectively to bée and shalbée from tyme to tyme nominated elected and chosen and have being and continuance as such respectively in manner and forme and to all intents and purposes as in and by theise presents is hereafter mentioned and declared AND further We doe by theise presents for us our heires and successors will ordeyne constitute and appoint Sir Edward Alston Knight Sir Francis Prujean Knight Baldwyn Hamey Francis Glisson Peter Salmon George Ent George Bate Alexander Frazier William Stane John Micklethwait Nathan Pagett Jonathan Goddard Edmond Trench John King Thomas Cox Henry Stanley Daniell Whistler Charles Scarburgh Thomas Wharton Christopher Merrett Samuell Collins Luke Rugeley John Wilby Sir William Pettie Knight Christopher Terne Sir John Baber Knight John Hale Edward Greaves Thomas Croydon Gabriell Beauvoir Thomas Wolfe Martin Luellin Sir John Finch Knight Thomas Baynes William Quarterman James Hide Humfry Whitmore Robert Waller Peter Barwicke and Robert Morrison Doctors in Physicke the first and present Fellowes of the same Colledge and Corporation And to bée and continue Fellowes of the same Colledge and Corporation and to hold exercise and enjoy the office or place of Fellowes of and in the same Colledge and Corporation respectively for and dureing theire severall and respective naturall lives unlesse in the meane tyme for evill governement or misbehaving themselves in the same office or place or for Nonresidence otherwise than while they or any of them respectively shal bee or continue in the service of us our heires or successors without Licence under the Seale of the Colledge and Corporation aforesaid or under the Privy Seale of us our heires or successors or for any the like reasonable cause they or any of them respectively shal bee removed AND Wee doe by theise presents for us our heires and successors will ordaine constitute and appoint the said Sir Edward Alston Knight the first and present President of the same Colledge and Corporation And to bee and continue President of the same Colledge and Corporation and to hold exercise and enjoy the same office or place of President of and in the same Colledge and Corporation from the makeing hereof untill the morrowe of the feast of Saint Michaell the Archangell next ensueing the date hereof and from thenceforth untill another President shall bee in due manner elected and sworne according to the tenor true intent and meaning of theise presents AND Wee doe further by theise presents for us our heires and successors will ordeyne constitute and appoint the said Sir Edward Alston Sir Francis Prujean Baldwyn Hamey Francis Glisson George Ent George Bate Alexander Frazier William Stane John Micklethwaite and Nathan Pagett to bee the first and present Elects of the same Colledge and Corporation and to be and continue Elects of the same Colledge or Corporation and to hold exercise and enjoy the office or place of Elects of the same Colledge and Corporation for and dureing theire severall and respective naturall lives unlesse in the meane tyme for any reasonable cause as aforesaid they or any of them shall bee removed AND Wée doe by theise presents will ordaine constitute and appoint the said George Ent John Micklethwaite Daniell Whistler and Christopher Merrett the first and present Censors of the same Colledge and Corporation and to bee and continue Censors of the same Colledge and Corporation and to hold exercise and enjoy the office or place of Censors of and in the same Colledge and Corporation untill the morrowe of
discovered and may be for their said misdemeanors and offences duly and condignely punished according to the merits of their said offences Wee doe therefore of our more abundant grace certaine knowledge and meere motion for us our heires and successors give and graunte unto the said President and Colledge or Comminaltie and their Successors full power and lawfull authoritie that it shall and may be lawfull to and for the said President and Colledge or Comminaltie and their Successors by any precept or processe to be made under their Common Seale to summon and warne any person or persons whatsoever whom they shall knowe or think meete being an Apothecary Surgeon Druggist or imployed in or about ministring of any physick or medicynes or Attendant or servant upon any that shall have received physick or medicine to declare testifie or prove against any such delinquent or offendor in the premisses his or their misdemeanors or offences upon reasonable summons and warning to appeare and come before the said President and Colledge or Comminaltie and their Surcessors or the said Censors or any three of them to be examined touching his or their knowledge of the said offendors and their misdemeanors and offences in the Premisses and upon his or their appearance made as aforesaid to administer and give to him or them soe to be produced to testifie as aforesaid an Oath or Oathes and him and them to sweare upon the Holy Evangelists to testify and declare the truth of his and their knowledge concerning the said offendors in the premisses and their said misdemeanors and offences or otherwise to examine him or them without oath as they shall think fitt And that if any such person or persons as shal be thought fitt 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 appeare before the said President and Colledge or Comminaltie and their Successors or the said Censors or any three of them Or if he or they shall appeare 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 answere to such questions as shal be then asked or demanded of him or them by the said President and Colledge or Comminaltie 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 refusall as aforesaid forfeyt and paie to the said President and Colledge or Comminaltie and their Successors the Summe of twenty Shillings of lawfull English money And we doe further of our especiall grace certaine knowledge and meere motion for us our heires and Successors give and graunt unto the said President and Colledge or Comminaltie and their Successors That the said four Censors for the time being or any three of them shall and may have full and absolute power and lawfull authority at all time and tymes when and as often as to them as aforesaid shall seeme meete and convenient at fitt and reasonable times to enter into the House Shoppe Cellar Vault Worke-house or Warehouse or any other roomes of the house of any Apothecarie Druggist Distiller and Seller of Waters Oyles 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 druggs waters oyles or stuffs fitt apt or used or pretended to be fitt apt or used for medicine within the foresaid Citie or Suburbes of London or within seaven miles thereof And then and there to view search trye examyne and see the said medycines wares druggs waters oyles medicines and stuffs of such Apothecaries Druggists Distillers preparers or sellers of waters oyles or medicines or other person or persons as aforesaid and to examyne them upon oath or without oath as they shall think best concerning the receipts and compositions thereof And all such medicines wares druggs waters oyles and stuffs as the said four Censors or any three of them as aforesaid shall find or conceive to be defective corrupted or not meete nor convenient to be ministred or used in medicine for the healthe of mans bodie the said four Censors or three of them shall or may take burne or otherwise destroye the same or cause to be taken burned or otherwise destroyed according to their discretions And we doe further for us our heires and successors give and graunt unto the said President or Colledge and Comminaltie 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 authoritye at all times when and as often as to them shal be thought meete and reasonable to send for summon convent and cause to appeare before them the said four Censors for the time being or any three of them at such times and places within the foresaid Citie and Suburbes of London or within seaven miles thereof all or any such Apothecaries Druggists Distillers preparers or sellers of such waters oyles or medicynes as aforesaid or any other person or persons whatsoever using the art or mystery of an Apothecarie or Druggist or the Trade or Craft of a distiller preparer or seller of waters oyles or medicines or that shall put or sett to sale any stuffs druggs waters oyles medicines or other things whatsoever apt fitt or used for medicine either simple or compound within the foresaid Citie and Suburbes of London or within seaven miles from the same And if any such person or persons soe 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 shal be reasonably lymitted and appointed Then Wee doe by these presents declare that it shall and maie be lawfull to and for the foresaid four Censors for the time being or any three of them to impose and inflict such reasonable penaltie fine and amerciament upon every such person or persons soe making default of appearance as the said four Censors or any three of them shall think meete in that behalf soe as such fine or amerciament for any one such default exceed not the summe of twentie shillings of lawfull English money And if any person or persons summoned as aforesaid shall make his or their personall appearance before the aforesaid four Censors for the time being or any three of them at such time or place as is or shal be limited and appointed and
graunt unto the said President Fellowes and Cominalty of the said Colledge and Corporation and theire Successors That the said Censors or any thrée of them for the tyme being shall and may have free full and absolute power and lawfull authority att all tyme and tymes when and as often as to them as aforesaid shall seeme meete and convenient att fitt and seasonable tymes of the day to enter into the House Shopp Cellar Vault Workhouse or Warehouse or any other the roome or roomes of the house or houses of any Apothecary Druggist Distiller of Waters Oyles or other Compositions for the ends aforesaid or of any other person or persons that now doth or hereafter shall putt or sett to sale any Medicine Druggs Waters Oyles or Stuffe used or to be used for Medicines within the aforesaid Citties or Suburbs of London and Westminster or within seaven miles thereof And then and there to search viewe trye examine and see the said Medicines Wares Druggs Waters Oyles Medicines and Stuffes of such Apothecaries Druggists Distillers Preparers or Sellers of Waters Oyles 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 Druggs Waters Oyles and Stuffe as the said Censors or any thrée of them as aforesaid shall find to be defective corrupted or not meete or convenient to be ministred or used in Medicine for the health of mans body they the said Censors or any thrée of them shall or may take burne or otherwise destroy the same or cause to bée taken burned or otherwise destroyed according to their discretions AND in case any opposition or denyall shalbée made soe that by occasion thereof such entry search and examination as is aforesaid cannot be made according to the true intent and meaning of theise presents That then and soe often and in every such case every person and persons soe opposeing or denying and occasioning the same shall for every such offence forfeit and pay unto the President Fellowes and Comonalty of the Colledge and Corporation aforesaid and theire Successors the summe of forty shillings of lawfull money of England to bée had and recovered by leavy and sale of the goods of the person and persons soe offending or imprisonment of his or theire person and persons untill payment thereof shalbée duely made or otherwise in such manner as other Fines and Amerciaments or any of them hereafter mentioned are or may bée had leavied or recovered AND We doe further for us our heires and successors give and grant unto the said President Fellowes and Cominaltie of the said Colledge and Corporation and theire Successors That the President and Censors or Vice-president and Censors of the Colledge and Corporation aforesaid in the absence of the President or any thrée of them for the tyme being whereof the President or in his absence the Vice-president to bée one shall and may have full power and absolute authority att all tymes when and as often as to them shalbée thought meete and reasonable to send for summon convent and cause to appeare before them the said President and Censors or Vice-president and Censors of the same Colledge and Corporation in the absence of the President or any thrée of them for the tyme being whereof the President or in his absence the Vice-president for the tyme being to bée one att such tyme and place tymes and places within the aforesaid Citty and Suburbs of London and Westminster or within seaven miles thereof all or any such Apothecaries Druggists Distillers Preparers or Sellers of such Waters Oyles or Medicines as aforesaid or any other person or persons whatsoever useing the Art or Mystery of an Apothecary or Druggist or the Trade or Craft of a Distiller Preparer or Seller of Waters Oyles or Medicines or that shall putt or sett to sale any Stuffe Druggs Waters Oyles Medicines or other things whatsoever apt fit or used for Medicines either Simple or Compound within the aforesaid Citty and Suburbs of London or within seaven miles from the same AND if such person or persons soe summoned or warned as aforesaid upon reasonable summons and garnishment to him or them in that behalfe made haveing noe reasonable cause to the contrary shall not accordingly make his or their personall appearance before the President and Censors or Vice-president and Censors of the Colledge aforesaid in the absence of the President or any thrée of them for the tyme being as aforesaid att such tyme and place as by the said President and Censors or Vice-president and Censors or any thrée of them as aforesaid shall bée reasonably limitted or appointed THEN Wée doe by theise presents declare That it shall and may bee lawfull to and for the aforesaid President and Censors or Vice-president and Censors or any thrée of them for the tyme being as aforesaid to impose and inflict such reasonable Penalty Fyne and Amerciament upon euery such person or persons soe makeing default of appearance as the said President and Censors or Vice-president and Censors or any thrée of them as aforesaid shall thinke meete in that behalfe soe as such Fyne or Amerciament for any one such default exceed not the summe of twenty shillings of lawfull English money AND if any person or persons summoned as aforesaid shall make his or their personall appearance before the aforesaid President and Censors or Vice-president and Censors for the tyme being or any thrée of them as aforesaid att such tyme and place as is or shall bee lymitted or appointed And then and there it shall appeare unto the said President and Censors or Vice-president and Censors or any thrée of them as aforesaid That the said person or persons soe appeareing then or of late had putt or sett to sale any Wares Druggs Waters Oyles Medicines or Stuffes defective corrupted or not meete or convenient to bée ministred in Medicine for the health of mans body or that any such person or persons soe summoned and appeareing as aforesaid then or of late had made or compounded or delivered 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 makeing compounding or delivery of the said Medicine Then the said President and Censors or Vice-president and Censors in the absence of the President or any thrée of them for the tyme being whereof the President or in his absence the Vice-president to bee one shall have full power and authority to impose a reasonable Penalty Fyne and Amerciament upon all and every person and persons soe offending soe as the same Penalty Fyne and Amerciament for any one fault or offence exceed not att any one tyme the summe of thrée pounds of lawfull English money and further to imprison such offender untill he haue made
Letters Patents and the Acts themselves by construction and conferring all the parts together Optima Statuti interpretatrix est omnibus particulis ejusdem inspectis ipsum Statutum And injustum est nisi totâ lege inspectâ de una aliqua ejus particula judicare vel respondere The first reason was that these two were two absolute perfect and distinct Clauses and as Parallels and therefore the one did not extend to the other for the second beginneth Praeterea voluit concessit c. and the branch concerning fine and imprisonment is parcel of the second Clause 2. The first Clause prohibiting the practising of Physick c. doth comprehend 4 certainties 1. Certainty of the thing prohibited sc practice of Physick 2. Certainty of the time sc practice for one month 3. Certainty of Penalty sc 5 li. 4. Certainty of distribution sc one Moyety to the King and the other Moyety to the College and this penalty he who practiseth Physick in London doth incur although he practise and use Physick well and profitably for the body of man and upon this branch the Information was exhibited in the Kings Bench. But the Clause to punish delicta in non bene exequendo c. upon which branch the Case at Barr stands is altogether uncertain for the hurt which may come thereby may be little or great leve vel grave excessive or small c. And therefore the King and the makers of the Act cannot for so uncertain offence impose a certainty of fine or time of imprisonment but leave it to the Censors to punish such offences secundum quantitatem delicti which is included in these words per fines amerciamenta imprisonamenta corporum suorum per alias vias rationabiles congruas 2. The harm which accrueth by non bene exequendo c. doth concern the body of man and therefore it is reasonable that the offender should be punished in his body sc by imprisonment but he who practiseth Physick in London in a good manner although he doth it without leave yet it is not any prejudice to the body of man But the clause of Non bene exequendo c. doth not prescribe any time certain but at what time soever he ministreth Physick non bene c. he shall be punished by the said 2 branch And the Law hath great reason in the making of this distinction for divers Nobles Gentlemen and others come upon divers occasions to London and when they are here they become subject to diseases and thereupon they send for their Physicians into the Countrey who know their bodies and the causes of the diseases now it was never the meaning of the Act to barr any one of his own Physician and when he is here he may practise and minister Physick to another by 2 or 3 wéeks c. without any forfeiture for any one who wactiseth Physick well in London although he hath not taken any degree in any of the Vniversities shall forfeit nothing if not that he practise it by the space of a month and that was the cause that the time of a month was put in the Act. 4. The Censors cannot be Iudges Ministers and Parties Iudges to give sentence or Iudgment Ministers to make summons and Parties to have the moyety of the forfeiture quia aliquis non debet esse Judex in propria causa imo iniquum est aliquem suae rei esse Judicem and one cannot be Iudge and Attorney for any of the parties Dyer 3 Ed. 6. 65. 38 E. 3. 15. 8 H. 6. 19 20. 21 E 4. 47. c. And it appeareth in our books that in many Cases the Common Law doth controll Acts of Parliament and sometimes shall adjudge them to be void for when an Act of Parliament is against Common right and reason or repugnant or impossible to be performed the Common Law shall controll it and adjudge such Act to be void and therefore in 8 E. 3. 30. Thomas Tregors Case upon the Statute of West 2. Cap. 38. and Articuli super Chartas Cap. 9. Herle saith Some Statutes are made against Common Law and right which those who made them would not put in execution The Statute of West 2. Cap. 21. giveth a Writ of Cessavit haeredi petenti super haeredem tenent super eos quibus alienatum fuerit hujusmodi tenementum and yet it is adjudged in 33 E. 3. Cessavit 42. where the Case was Two Coparceners Lords and Tenant by Fealty and certain Rent One Coparcener had issue and dyeth the Aunt and the Néece shall not joyn in a Cessavit because that the heir shall not have a Cessavit for the cesser in the time of his ancestor F.N.B. 209. F. And therewith agréeth Plow Com. 110. and the reason is because in a Cessavit the Tenant before Iudgment may render the Arrearages and damages and hold his land again and that he cannot doe when the heir bringeth a Cessavit for the cesser in the time of his Auncestor for the arrearages incurred in the life of the Auncestor do not belong to the heir and because that it shall be against right and reason the Common Law shall adjudge the said Act of Parliament as to that point void The Statute of Carlisle made 35 E. 1. enacteth That the Order of the Cistertians and Augustines who have a Covent and Common Seal that the Common Seal shall be in the keeping of the Prior who is under the Abbot and 4 others of the most grave of the house and that any déed sealed with the Common Seal which is not so in kéeping shall be void and the opinion of the Court Anno 27 H. 6. Annuity 41. was that this Statute was void for it is impertinent to be observed for the Seal being in their kéeping the Abbot cannot seal any thing with it and when it is in the Abbots hands it is out of their kéeping ipso facto and if the Statute should be observed every Common Seal shall be defeated upon a simple surmise which cannot be tryed Note Reader the words of the said Statute of Carlisle which was made 35 E. 1. which is called Statutum Religiosorum are Et insuper ordinavit dominus Rex statuit quod Abbates Cicestr ' Premonstraten ' ordin ' religiosorum c. de caetero habeant Sigillum Commune illud in custodia Prioris Monasterii sui domus quatuor de dignioribus discretioribus ejusdem loci conventus sub privato Sigillo Abbatis ipsius loci custod ' depon ' c. Et si forsan aliqua scripta obligationum donationum emptionum venditionum alienationum seu aliorum quorumcunque contractuum alio sigillo quà m tali sigillo communi sicut praemit ' custodit ' inveniant ' à modo sigillata pro nullo penitus habeantur omnique careant firmitate So the Statute of 1 E. 6. cap. 14. giveth Chauntries c. to the King saving to the donor c. all such rents services
of the Diocess The reason of the difference is for that London is the heart of the Kingdom And here the King and his Court the Magistrates and Iudges of the Law and other Magistrates are resident And with this agrées the Government of other well-governed Cities in Italy and other Nations as it appears by the preamble of the said Letters Patents And it appears by the Statute that this was not intended to extend to Impostors onely for that the word Impostor is not mentioned in the Statute And the Statute provides that they shall be punished as well for doing and using as for ill using And also it is provided by the Statute of 1. Mary 1 Parliament Chap. 9. That the Gardians Gaolers or Kéepers of the Wards Gaols and Prisons within the City and Precinct of it shall receive into their Prisons all such person and persons so offending which are sent or committed to them and those safely shall kéep without Bail till the party so committed shall be discharged by the said President or other person by the said College to that authorised By which it appears that the Gaolers and Kéepers of Prisons have power to retain such which are committed That then the President shall have power to commit for things implied are as strong as things expressed as it appears by the Com. Stradling and Morgans Case And also in the Earl of Leicester's Case where it is agréed that Ioynture before Coverture cannot be waved and this is implied within the Statute of 27 H. 8. And so the Statute of 2 E. 6. provides that after seven years Tithes shall be paid by which it is collected by Implication that during seven years Tithes shall not be paid And so he prayed Iudgment for the Defendants Dodridge Serjeant of the King for the Plaintiff said That the Statute of 24 H. 8. Chap. 5. and the Letters Patents give power to four Censors to punish for ill executing doing and using the faculty of a Physician and the Plaintiff was not charged for ill executing of it doing or using But it is averred Where revera the Plaintiff was nothing sufficient to exercise the said Art and being examined less apt to answer thereupon they forbad him and being sent for and not appearing he was amerced five pound and order that he should be arrested and being arrested upon his appearance being examined if he would submit himself to the said Colledge he answered and confessed that he had practised within the said City being a Doctor of Physick as aforesaid as well to him it was lawfull and that he would practise here again for which he was committed to Prison so that he was amerced for his contempt in the using of the said Art and committed to Prison for his answer upon his examination And he conceived that there are two questions considerable First if the College may restrain a Doctor of Physick of his Practice in London Secondly admitting that they may then if these are the causes for which they may commit by their Letters Patents The first reason is drawn from the Letters Patents and the said Statutes in which he said that the intent of the King was the end of his work And this intent shall be expounded for thrée Reasons apparent in the words contained in the Grant First Tempestivè improborum Conatibus occurrere Secondly Improborum hominum qui Medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitebuntur audaciam compescere Thirdly which would invite learned men to practise here Collegium perpetuum doctorum gravium virorum qui Medicinam in Urbe nostra Londino Suburbiis infra septem millia passuum ab urbe quaquaversus publicè exerceant institui volumus imperamus And further he saith that there are thrée sorts of men which meddle with the body of a man The First is the Learned man which reads all books extant and his knowledge is speculative and by that he knew the nature of all Simples The second is Practick the knowledge of which is onely his experience he may give probatum est but is ignorant of the cause of the disease and the nature of the things which he applies for the cure of it And the third is an Impostor which takes upon him the knowledge which he hath not And every of these the College may punish for Malè utendo faciendo vel exequendo by which way they will And this was not the first care which was had for in the 9 H. 5. was a private Act made for Physicians by which there is great regard to them which are learned and educated in the Vniversity And for that the Act provides that they shall not be prejudicial to any of the Vniversities of Oxford and Cambridge and with this agrées 3 H. 8. 11. and the priviledge of them And the Docti graves homines mentioned in the Letters Patents are the learned men mentioned in the Act for the Statute provides that they shall punish according to these Statutes and late Edicts And by the former Laws the Vniversities and their priviledges were excepted and by their former Statutes the Letters Patents ought to be directed for it is referred to them Also the Statutes of this Realm have always had great respect to the Graduates of the Vniversities and it is not without cause for sudavit alsit and hath no other reward but this Degrée which is Doctor And for that the Statute of 21 H. 8. prefers Graduates and provides that Doctors of Divinity or Batchelors shall be capable of two Benefices with Cure without dispensation And so 13 Eliz. provides that none shall be presented to a Benefice above the value of thirty pound per annum if he be not a Doctor or Batchelor of Divinity And to the objection that none shall practise in London or seven miles circuit of it without licence that this clause shall be expounded according to the matter and to that he agréed for the other branches of the Statute are made to cherish grave and learned men and therefore it shall not be intended that this branch was made for the punishment of those but of others which the Statute intended to punish And to the second Objection that every Doctor is not the learned and grave man intended within the Statute for the knowledge of many of them is onely speculative without practice to that he answered That all their study is practice and that if they have no practice of themselves then they attend upon others which practise and apply themselves to know the nature of Simples And to the third Objection that in London ought to be choice men for the Statute appoints that they shall be examined by the Bishop and Dean and four others at least and for that there is a more strict course for them than in other places to that it is agréed But he said that in the Vniversity there is a more strict course than this for here
Exercitations de generatione Animalium de partu de membranis ac humoribus uteri de conceptione For the publication of which both the present and future Ages are highly indebted to that great ornament of our College Sir George Ent as may fully appear in that excellent Epistle which he hath dedicated to the President and College and published before that incomparable Book In which he having given the Character of Doctor Harvey with an account of many things relating to his Life and that in so elegant and polite a style I could not omit the transcribing of it in his own words Harveum magnum virum Collegiique nostri summum decus ornamentum non procul eo tempore ab Urbe commorantem naturae rerum perscrutandae intentum reperio vultu hilari alacrique animo Democriti instar cuncta investigantem Tum ego protinus Satin ' salva omnia Quî possint ait ubi turbarum plena Respublica egóque adhuc ipsemet in alto mari Et profectò addidit nisi studiorum solamen rerúmque olim à me observatarum recordatio animum mihi reficerent nihil est cur ultrà superesse cupiam c. Ego excipiens hujusce rei hanc causam reddidero inquam quòd dum alii plerique aliorum cerebro sapiunt à veteribus tradita addito variae dictionis novaeque methodi mangonio pro suis venditant tu semper de Naturae arcanis Naturam ipsam consulere malueris Ipse enim memini aliquando mihi narrabas nunquam te Animalis cujuspiam dissectionem instituisse quin aliquid in eo inexpectatum repereris de quo tibi anteà nulla cogitatio Ita est inquit placuit mihi semper ipsorum Animalium inspectio indéque non modò levia naturae arcana sed ipsius Creatoris summi imaginem quandam indipisci nos posse sum arbitratus Et ut multa olim à doctis viris reperta sint crediderim tamen longè plura abscondi adhuc in impervestigabilis Naturae obscurâ nocte miratúsque sum saepenumerò imò risi eos qui ab Aristotele Galeno aut alio aliquo nomine omnia consummata adeò atque absoluta crederent ut nè hilum quidem superaddi possit Natura equidem ipsa est arcanorum suorum fidissima interpres quae in uno genere aut pressiùs aut obscuriùs exhibet ea clariùs potentiùs in alio explicuit Nemo sanè de partis alicujus usu sive officio rectè determinaverit qui ejus in pluribus animalibus fabricam situm annexa vasa aliáque accidentia non viderit secúmque diligenter pensitaverit c. Viri eruditi plurimi dixi quibus indefessum tuum in excolenda Philosophia studium exploratum est ulteriora tua experimenta avidè expectant Harveus subridens Ergóne autor sis ait ut è portûs hujus in quo dego tranquillitate me dem iterum in infidum mare Nôsti quantum turbarum pristinae meae lucubrationes concitaverint c. Imò verò respondi virtuti id praemium usitatum est ut benè merenti malè rependantur gratiae Ostendit mihi exercitationes de generatione Animalium ingenti labore elimatas concedo tibi inquit scripta haec mea vel continuò edendi vel imposterum supprimendi liberam potestatem Actis eam ob rem plurimis gratiis valedixi abiique ceu Jason alter vellere aureo ditatus Domum autem reversus dum singula perlustro mirabar equidem tam ingentem the saurum tamdiu absconditum latuisse dum alii apinas tricásque cramben bis imò centies coctam magno cum fastidio exhibent virum hunc eximias suas observationes tam parvi facere Enimvero quotiescunque nova inventa depromit haud multorum more se gerit nempe tanquam loquatur quercus aut lactis gallinacei haustulum propterea mereatur sed quasi fortuitò aut facili negotio in res illas incidisset quas nihilominus datâ operâ studióque indefatigabili rimatus est Candoris etiam eximii hoc argumentum est quòd nullius Autoris nomen lacessat sed suam ubique pacatè proferat sententiam Dicere enim solet indicium esse causae non bonae pro eâdem rixosè acritérque contendere veritatem autem patrono non indigere Cúmque facilè potuerit integrum hoc opus de suo texere maluit tamen evitandae invidiae ergô Aristotelis Aquapendentis ductum sequi tanquam ipsemet subtegmen adderet De eo haud dicam amplius vobis praesertim quibus Virtus Candor Ingenium illius optimè perspecta sunt These two Books are of that great and admirable use in our Profession that without a diligent reading and understanding of them we must remain egregiously ignorant in many material points relating to it As particularly may appear in his Book de motu Cordis Sanguinis in Animalibus In which he hath refuted that errour of the Ancients concerning Attraction and given a most clear account how the nourishment is conveyed to all parts of the Body how Medicines although outwardly apply'd have often so considerable an effect upon the body And how Contagion either from the biting of a Mad Dog Serpent or otherwise in the Lues Venerea should vitiate the whole habit of the body without hurting the part touched And how after the wound is healed should procure those dreadfull symptomes so long after All which and many Problemes more he hath ingeniously solved by this Doctrine of the Circulation of the Bloud which hath conveyed the different particles transmitted into it through the whole Body and thereby produced the symptomes attending the forementioned Diseases This Doctrine is of that great use that without it we can give no rational account of the causes of many Distempers nor the operation of Medicines c. In his Exercitations de generatione animalium after he hath given the Anatomy of the parts serving for generation in the Hen he acquaints us with the formation and growth of the Egg and afterwards with the several parts whereof it consists He then proceeds to give an account how the Chick is formed which he observed by a daily inspection of the Eggs during the time of Incubation and was the first who discovered that the original of the Chick was from the Cicatricula He then gives an account in what order the several parts appear and confutes a multitude of errours delivered by former Writers proving that the punctum saliens is the heart that Bloud is not formed by the Liver because its Parenchyma is formed after and of the bloud and grows to the bloud-Vessels Nor yet by the Heart because that is not in being till some time after the Bloud He proves that all the Viscera at their first formation appear white that the Veins are the first conspicuous foundation as it were of the whole Body that the division of the parts into Spermatical and Sanguineous is ridiculous since all
shall appear These are therefore to will and require you to appoint some three Physicians of your Society of good reputation as well for their learning as otherwise who together with the Physicians of the said Lady Arabella shall presently repayre unto the Tower and there view and search the Corps of the said Lady and to return joyntly their opinion unto me of the nature of the disease whereof she dyed that we may acquaint his Majestie therewithall And so I bid you heartily farewell From the Court at Whitehall this 27th of Sept. 1615. Your loving friend Ralphe Winwood According to the King's command some Physicians of the College met at the Tower and upon a diligent inspection of the body of the Lady Arabella were of an opinion that the cause of this noble Lady's death was a long chronical sickness that the species of her disease was a Cachexie which daily encreasing partly by her own neglect and partly by her aversation to medicine did at length bring her into a confirmed indisposition of her Liver and extreme leanness from which causes death must needs ensue This testimony was signed by the President Register and four Fellows of the College Iohn Bartley a practiser in Physick was accused by an Apothecary for ill practice after which upon a Censors day a Reverend Divine with his Wife made complaint that this Bartley having through ignorance and unskilfulness prescribed a very violent Medicine to their daughter had thereby hastened her death An exact relation of all the particulars with the names of the persons present drawn up in writing and signed with both their hands they offered to the Censors earnestly desiring that the Officers of the College would take cognisance thereof and by their censure give them all the assistance they could they intending to prosecute Bartley and bring him to trial for the death of their daughter The sum of their Narrative was this That the said Bartley being by certain Women recommended to them and having bargained for the cure and received part of the money in hand he gave their daughter amongst other Medicines a remedy which both vomited and purged her notwithstanding she had long laboured under an old Cough from which time she began visibly to sink and died in a few days after The Censors considering on the one hand the prayers and tears of the Parents and on the other hand Bartley's not being present to answer for himself thought they should do what became them if they condemned the fact for mala praxis as it stood reported in the Narrative In the 11th of this King's Reign the following Warrant was sent to the Apothecaries from the King's Council requiring them to deliver to the President and Censors the Bills of all illegal Practisers To all the Apothecaries within the City of London and the Suburbs thereof THese shall be in his Majestie 's name straightly to command you that upon the coming of the President and Censors of the College of Physick in London to your shops or houses you deliver unto them without any delay or excuse all such Bills and Receipts as you have of any Practitioners not licensed by the College Whereunto though you be bound by the Laws of the Land yet we have thought fit upon some causes known unto us now by these our Letters to command you to do the same April 22. 1613. G. Cant. Pembroke Ellesmere Canc. Ro. Rochester Jul. Caesar Gilb. Shrewsbury E. Wotton Th. Parry Dr. Brouuart a Leyden Physician was charged for practising Physick in London c. contrary to Law He replyed that it was necessity that obliged him to practise and that he was ignorant of the College authority The President told him that practising without licence was entring upon the lawfull possession of others against all right and reason But because he had behaved himself modestly he was respectfully dismissed He requested a connivence from the College if he might not have their admission The President told him that neither the one or the other was to be granted without examination About two months after he applied himself to the President and Censors and desired that they would permit him to enjoy the privileges granted him by the University and therefore He would put on the hat of honour as he called it which the University had put on him and not stand bare The President told him that it was their custome and a good one too that men should be examined uncovered and that this honour was not so much paid to the President and Censors as to the College in which they under the King's Majesty bore the Character of Magistrates He therefore pulling off his hat told them that he had been a Doctour four years and professed Physick in his own Country and in France The President demanded how that appeared and whether he had any Patent or Letters Testimonial which he not then being able to produce having left them as he said in his own Country the President told him that he could neither practise nor proceed any further towards the procuring a Licence till he brought his Patent and then afterwards must be examined which he refused But when he understood that it was unavoidable He took out of his pocket the King's Letter wrote to the President and College in his favour After which he was again summoned to appear before the President and Censors and being by them examined he was permitted to practise One Brown a Surgeon was complained of for giving internal Medicines in affections of the Eyes which was proved against him and he fined 50 s. which if not paid in fourteen days he was to be imprisoned but this he prevented by paying his fine to the Treasurer of the College at the time appointed William Blanke Chandler confessed his practising of Physick yet owned he understood no Latin but thought he had learning for it He was interdicted practice and threatned fine and imprisonment if found guilty for the future Not long after he was accused and confessed his giving of Medicines to one who he said had a convulsion of the Stomach with infection of the Liver and raised his Lungs into his Throat which he brought down by applying a Tench to his back He said that he may must and will purge as others did Wherefore for his ill and unlawfull practice the Censors committed him to the Compter with a Mulct of 40 s. which he paid and was released within three days He was again convented and declared that he practised but in trifles as Fevers He prescribed to one man a Medicine compounded of Cordials Purgatives and Opiates Being charged with giving a Vomit he said that all accusations against him were as the witnesses against Christ that in three days he would destroy the Temple and build it again and to answer before the President and Censors was but as to Herod and the rest that would harden their hearts For erecting of Figures he confessed he used it As for Surgery being
granted him from the Arch-bishop of Canterbury and confirmed by the King However he was committed to Newgate ob pessimam praxin Mr. Fitz-Williams attesting that Mr. Bonner was killed by sleeping Pills of his Prescription A week after Mr. President proposed that the cause of Blank 's imprisonment by the Censors being by Blank questioned in the King's Bench should be exemplified and registred viz. How he was by sentence of that Court remanded unto his Prison from whence he came by virtue of a Writ of Habeas Corpus After this Mr. Emmery a Scrivener came to the College to pay the fine imposed upon Blank viz. 20 l. which was then received and a Warrant signed for his enlargement About a month after he again appeared upon summons where he was admonished upon pain of the severest punishment by the Laws to be inflicted upon such Delinquents as he was that he should not adventure any more to practise Physick it being an employment by him so little understood Yet 3 years after he was brought again before the President and Censors by the Messenger and being admonished to cease from practice having neither learning nor licence so to do he justified his practice by the Statute made in the 34 H. 8. c. 8. and appealed to the Law for his defence Wherefore it was resolved to put him in suit which accordingly was done George Butler being cited to appear before the President and Censors returned this answer That he was the King's servant and must attend his Majesty About 3 years after upon a fresh summons he appeared and confessed the giving of Physick to cleanse the body being such as made way for Surgery He shewed a Licence from his Grace of Canterbury which gave him liberty to practise Surgery and Physick so far as was necessary and convenient to that Art which Licence was confirmed under the great Seal About Easter following he gave 3 Pills to Mrs. Style for a sore Leg and stopping at the Stomach by which she died that night she took them To another woman he gave Pills under the pretence of a sore Leg between 7 and 9 of the Clock in the morning with which she grew sick and vomited with great extremity and died about 5 of the Clock in the evening being very well before and going up and down He left his Patent with the President and Censors they never requiring or desiring him upon which application was made to his Grace the Lord Arch-bishop to the Right Honourable the Lord Chancellor the Master of the Rolls and Attorney General that Butler's Letters Patents might be recalled which they consented to About 2 months after Butler appearing before the Censors was asked if he would stand to his former Licence for practice he answered he would ask his Councell Being then required to give over the practice of Physick he answered I mean so to do He knew not that his Licence was called in by the Lord Chancellor nor that a Vacat was set on it Mr. President charged him that he employed one to sell his Medicines which he denied but for a sore Leg or the like he confessed he gave somewhat inward But now understanding that it was unlawfull he promised to do so no more He said he was never told of my Lord of Canterbury's displeasure at his Licence In short he was interdicted all practice in Physick But not long after Butler came to the President and Censors being recommended to them by the Lord Chief Justice upon which the President asked him if he did profess Physick He said No. Being then asked do you give Physick he said No. Being charged with several proofs against him he denied them He confessed he was no Graduate nor of any University but said that he understood Latine and that he practised as a Surgeon Being then examined in Latine he denied to answer which was told him should be related to the Lord Chief Justice that sent him to the College He replied that he cared not three pence for their Information He confessed that he had caused Medicines to be made and that the Apothecaries took of him 100 l. per ann In his Surgery cures he owned that he gave Physick to kill the cause inwardly Being asked what the Pox was he answered an infection taken in nature afore action Upon this examination c. the President and Censors drew up the following Letter which they forthwith presented to the Lord Chief Justice MAy it please your Lordship to be informed That whereas according to your Lordship's command George Butler appeared to be examined of his sufficiency and knowledge in Physick and his practice therein before us the President and Censors of the College of Physicians First he acknowledged himself not to be learned Graduate or of any University neither indeed do we find him to have any learning by such speeches which he let fall from him in conference and as for examination in Latine and in Physick he refused to answere And for the point of practice amongst many particulars alledged against him he did acknowledge in generall that he doth give inward Physick if his Patients in Surgery doe need it and that the Apothecaryes doe take of him 100 l. a year for Medicines and drugs And being charged with 2 several practices the one on the person of Mrs. Style as doth appeare by the aforesaid Butler's confession in our Register for a sore Leg and a stopping in her Stomach when she had no sore Leg but under that pretence he gave her Pills of which she dyed according to the words of the Register the same day The which practice we the President and Censors do condemne for ill and unlawfull The other practice was upon the body of Margaret Shover now againe confessed by him who took upon him to cure her as he saith of the Pox but being by the Censors asked what disease the Pox is he did not give any reasonable answere such is his ignorance But her disease upon Register doth not appear to be soe although he gave her the Unction for the Pox and other purging Physick neither according to Science or Conscience Not long after he was complained of by a woman to whom he gave 25 Pills for which he expected 30 s. a piece To another he gave 4 Purges and had her petticoat in pawn He promised her help within 7 days or to give her 100 l. But after 9 days she was very ill and continued in great weakness Upon this and the like complaints the Censors fined him 10 l. and ordered his imprisonment for 14 days and that he should not be released but by the President 's order About 3 years after he was again complained of for giving Pills of Opium to a Woman by which she was stupified Being called he blew up a powder into her Nose promised her recovery but she died in one hours time The like evil practice he was guilty of upon two more For which the Censors order'd him to be arrested but
The stomach its self in the bottom was fair but the upper part had a blackness round about which it was inflamed the blackness he scraped off with his nail but the other coats were sound In the Aspera Arteria there was seen no offence but one lobe of the Lungs seemed to be rotten and one part of the Liver was pale and scirrhous Dr. Meverell saith that he being on Saturday to view the body he found an Eschar between the gumms and the Cheek with blackness of the teeth the tongue also black and hard but the gula all fair and clear In the Stomach in the upper part a circular inflammation with a blackness in the middle which with his nail was easily scraped off His Liver was hard and his Lungs bad yet not so as that they should cause his death At the Sessions he said the same but there the Lord Chief Justice asking him that if the Circumstances which were alledged by the sworn witnesses were added to that he saw whether then he thought him poisoned The Dr. answered that he did think that he died of poison Francis White servant to Mr. Matthewes saith that hearing that the Bolus was disliked he went and did fetch back the Bolus and that opening it he found Sublimate in it which he shewed Cromwell and after this Francis going home Cromwell followed him and wish'd him by Fleet-bridge to cast it away which he refused to doe Dr. Gifford did further declare that Cromwell had 2 powders one white which was sublimate the other black which was some Amalgama of Quick-silver which Cromwell said he had out of his Master's pocket He did also desire the College to take into their consideration what Scammony could doe whether by that the mouth and stomach could be made black so suddenly and to cause an Ulcer with an Eschar upon the side of the mouth After the forementioned examination of several Witnesses the following Letter by his Majestie 's Order was sent to the College To my very loving Friends the President and College of Physicians in London AFter my hearty commendations You have by some other of his Majestie 's servants understood his pleasure in that which now I must by his expresse pleasure require of you That you assemble together and inform your selves as particularly as you can First whether that man for whose death one Cromwell a young man is condemned did in your judgment dye of poyson or otherwise And secondly whether that Potion which was sent from the Apothecary and which he received had any poysonable Ingredients which might produce this effect In these things you must return to his Majestie the report of your Judgment on Friday at the farthest which you must doe with the more care according to your best skill because herein you may perceive how tender his Majestie is both of his Justice and Mercy for as he is alwayes most graciously inclined to favour when the offence is of a nature capable of remission so he is no lesse graciously severe in regard of Justice and publique example that the crying Crimes of bloud and especially by poysoning which hath noe pretence of sudden anger shall not escape unpunished Doe therefore your dutyes to informe him in the truth to the uttermost of your knowledge So I rest Your assured friend to doe you service Iohn Cooke Greenwich 29 Maii 1632. BY this second Letter the College was required to resolve two things First Whether Mr. Lane died of poison or no Secondly Whether the Potion which was made by the Apothecary and taken by Mr. Lane had any poisonable Ingredients therein which might produce this effect Mr. President was desirous to hear what might further be informed by the Assistants Doctours or any other and first there presented himself Mr. Francis Banister of Bedford who came to Mr. Lane his Son-in-Law on Wednesday about 2 or 3 a clock in the afternoon There he found the â„ž of Dr. Gifford's Bolus which he sent by Cromwell to Mr. Matthewes who after some long stay brought it to Mrs. Lane which she did presently deliver to this Mr. Banister her Father which he seeing thought it more than was directed by the Doctour and presently taking it he found it sharp offending his tongue Then he sent for one Walter Mr. Matthewes his man to whom he said the Bolus was not rightly prepared and therefore caused him to go to make another Bolus according to the direction Which Bolus being brought Mr. Lane took and it did well with him and Francis the Apothecary's man coming thither on Thursday morning Mr. Banister caused him to taste the Bolus of which he presently complained and that night both the Apothecary's men came and shewed him the Sublimate in it by which both their mouths were distated and on this Thursday Mr. Banister told Dr. Gifford that there were the symptomes of Mercury for his evacuations were bloudy his tortions great his mouth black exulcerated stinking and withall he had convulsions Mrs. Elizabeth Lane sister to Mr. Lane who was in the house from his first falling sick saith that upon Friday upon the taking the purge he presently after half a dozen turns in a little room fell a vomiting and vomited black humour and bloud and that upon every stool he was ready to faint and she saith that Cromwell found fault with the maid for giving the Child Pills in that Porringer out of which Mr. Lane took the Medicine Dr. Foxe before he would make report of what he knew in this business produced the Copy of a Report made by himself Dr. Andrews Dr. Meverell and Dr. Ramsey which was as followeth We are of opinion that having found in this body some inflammation and mortification whereof must necessarily follow death by the force of them and that yet the same inflammation and mortification might proceed from some other causes it cannot be resolved by Art whether this Gentleman died by Poison or other means Which he pressed much to be assented to by the whole College and the other Doctours did acknowledge this Note to be the sense of that which they subscribed unto but the College thought fit a little to advise thereon Then Dr. Foxe related that he was called to Mr. Lane by a stranger to him and that he found some passion in the house After some time the body was opened and the mouth gula and stomach were found so as hath been formerly related and saith that the Chirurgion said the Guts were fair Then Dr. Foxe as a Censor began to enquire after the Physick given to Mr. Lane and who gave it and calling for Mr. Matthews he enquired of the Potion by whom he was informed what it was After this the Dr. coming to consult soon found cause to suspect poison Dr. Andrews conceived otherwise by whom Dr. Foxe was partly led and the rather because the Apothecary was found to have given one irregular medicine and the Dr. related how one Ioslyne died by Physick given him upon an
forfeiture of such as being elect refuse to be sworn or to make search Any of the Physicians in London may practise Surgery The authority and liberties of Barbers and Surgeons in London being made of one Company By whom and at what time the Barbers of London were incorporate The benefit like to ensue by joyning the Barbers and Surgeons in one Company The Barbers and Surgeons of London made one Company and incorporated The Barbers and Surgeons in London shall be exempt from bearing of armes or to be in Watches or Inquests 5 H. 8. 6. 19 H. 7. 7. The Surgeons may take yearly four condemned Persons for Anatomies No Barber in London shall use Surgery No Surgeon in London shall use the craft of shaving Every Surgeon in London shall have a Sign at his door None shall be a Barber in London but a Freeman of that Company Four Wardens shall be chosen and their authority The forfeitures of the Offenders Any person may keep a Barber or Surgeon as his Servant Any person being no common Surgeon may minister outward Medicines By what means the Surgeons of London have abused the Statute of 3 H. 8. 11. for their own gain It shall be lawfull for any person to cure outward sores notwithstanding the Statute of 3 H. 8. 11. A confirmation of the Statute of 14 H. 8. 5. touching the corporation of Physicians in London Whosoever shall be committed to Prison by the President of the Colledge of Physicians in London shall be received and kept thereby The offendours forfeiture and who shall have it and by what meanes Searching in London for Apothecary wares The penalty for resisting of search of Apothecary wares Other Magistrates shall assist the Physicians in their search * supple * rect Collegio sive Communitati * Collegio * Communitatis * Communitatis * Collegio Preamble Recitall of the Patent of Incorporation And that the same was confirmed by Act of Parliament And whereas by other Acts other Priviledges are given and yet divers Enormities abound His Majestie hereby Approves of and confirms the Premises Power to sue for the Penalties And to retayne them to their owne use Power to the Censors to examine and Correct Physicians Apothecaries c. and their Medicines And to punish them by fine imprisonment or otherwise Power granted to the Censors to call before them Physicians and examine them and to fine them that refuse to come To impose a fine upon such as practise without licence and to imprison them Apothecaryes c. to testify against undue practisers of Physick If they refuse to testify they are to forfeit twenty Shillings Power to search and destroy The Drugs and Medicines of Apothecaries c. And to examine them upon Oath or otherwise concerning the same Power to convent Apothecaries c. And to fine them for Non-appearance 20 s. And to fine them for defective Medicines 3 l. and Imprisonment Grant of fines c. to the Colledge To have an Hall And call a Convocation To make Ordinances To have a Register Who shall be sworn for the true performance of his Office Power to appoint other Officers and to give them an Cath. And them upon just cause to remove Power to take Recognizances to his Majesties use To purchase Lands Discharged from bearing Armes To have this confirmed the next Parliament To pay to his Majestie 6 l. per ann Grant of H. 8. Power to choose a President Perpetual succession A Common Seal Several Priviledges Letters Patents c. Confirmed Ao. 14 H. 8. by Act of Parliament Best construction to be made thereof Several other Powers given by several Acts of Parliament Preamble to the Grant of K. James Grant of K. James Confirmation Grant of several other Priviledges Preamble to this Grant The Grant Body Politique Perpetual succession Capable to purchase To grant and dispose To sue and be sued Common Seal Forty fellows constituted One President Ten Elects and four Censors To be chosen as hereafter mentioned The first forty Fellows For life if not removed for cause Sir Edward Alston to be the first President Ten first Elects For lives if c. Four Censors to continue till the morrow of St. Michael Elections duely to be made Power to make a Vice-President To exercise the place and power of the President in his absence Censors to be chosen out of the Fellows How New Election of Censors in case of death or removal New Elects to be chosen on death or removall How the Fellows are to be chosen Power to remove any of the Elects Fellows or Censors for cause Each person his single voice in Election Where voices even a casting voice to the President The President and all Fellows and Officers to be sworn duely to execute c. And to take the Oaths of Obedience and Supremacy Three persons to swear the present President Elects Censors and Fellows Power to the Elects or any two of them to swear the Presidents hereafter chosen Power to the President to swear the Fellows and all other Officers hereafter chosen To have a Hall President to call a Court. Not less than 15. President one of them To treat of matters c. To make Laws To punish by fine or imprisonment So as not repugnant to the Laws of the Kingdom None to practise in London or within seven miles except licensed as herein expressed Under pain of 10 l. for every Month. Power to sue for the same Power to the President Vice-President and Censors or any three of them to supervise practisers c. Power in them to summon censure and punish any Practisers offending To examine Refuse to answer Not to exceed 40 s. Power to fine for giving unwholsome Physick at will not exceeding 10 l. Also to imprison not exceeding 14 dayes Power to summon persons by Precept under hand and Seal To give an Oath The person summoned as a Witness to forfeit 20 s. if not appear or not depose or refuse the Oath c. Power to the Censors to enter houses and search To examine upon Oath To burn or destroy such Medicines c. as they find defective or corrupted Power to summon all Druggists c. If not appear To fine them at pleasure not exceeding 20 s. Bad Medicines Medicines not made according to direction c. To fine the party not exceeding 3 l. for any one offence To imprison him till payment All practisers of Physick in the Country out of the limits aforesaid to be licensed by the President and Elects or any four of them First to be examined If able approved c. By testimonial under the hands of the particular tryers Power to the President and Elects c. to summon examine and give Testimonials c. Reject persons unfit None to practise in the Country till licensed under pain of 5. l. per Mensem except Graduates in the Universities To be recovered as the 10 l. forfeiture All Fines Forfeitures and Amerciaments to be