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A41429 The Royal College of Physicians of London, founded and established by law as appears by letters patents, acts of Parliament, adjudged cases, &c. : and An historical account of the College's proceedings against empiricks and unlicensed practisers, in every princes reign from their first incorporation to the murther of the royal martyr, King Charles the First / by Charles Goodall ... Goodall, Charles, 1642-1712. 1684 (1684) Wing G1091; ESTC R8914 319,602 530

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before the morrowe of the feast day of Saint Michaell the Archangell next ensueing theire or any of theire respective election or elections or in the meane tyme shall happen to be putt out or removed for cause as aforesaid That then and in every such case it shall and may bée lawfull to and for the said President and Fellowes of the said Colledge att a Court to bée holden in convenient tyme after the death or removall of every or any of the said Censors of the Colledge aforesaid to assemble and meete in the Common Hall or other place aforesaid and then and there to elect nominate and choose any one or more of the Fellowes of the same Colledge for the tyme being to be Censor and Censors of the same Colledge in the place and roome of such Censor and Censors as shall be then vacant by death or removall as aforesaid Which person and persons so nominated and chosen being duely sworne according to the contents of theise presents shall bée and continue Censor and Censors of the same Colledge for and dureing such tyme and in such manner as the person or persons in whose roome or place hée or they shall bée soe chosen should or ought to have beene or continued by virtue of theise presents subject alwayes to bée removeable for reasonable cause as aforesaid AND WEE doe further will and ordaine That the Elects of the said Colledge shall bée chosen out of the Fellowes of the same Colledge in manner and forme following that is to say In case of death or due removall of any the Elects of the said Colledge hereby constituted or of any the Elects of the said Colledge hereafter by virtue of theise presents to be elected nominated and chosen the President and Elects of the same Colledge for the tyme beeing or any five of them whereof the President for the tyme beeing to bée allwayes one from tyme to tyme and att any tyme after such death or deaths removall or removalls respectively shall and may assemble and meete at their said Common Hall or other convenient place in our said Cittie of London and then and there elect nominate and choose any of the then Fellowes of the said Colledge into the place or places of such and soe many of the said Elects as shall bée then voyd by death or removall as aforesaid Which persons soe to bée chosen being duely sworne according to the tenour of theise presents shall bée and continue Elects of the said Colledge dureing their respective lives unlesse for reasonable cause they shall bée removed as aforesaid AND WEE DOE further will and ordeyne that the Fellowes of the said Colledge shall bée chosen out of the Comonaltie of the said Colledge in manner and forme following that is to say In case of death or due removall of any of the Fellowes abovementioned and hereby constituted or of any of the Fellowes of the said Colledge hereafter by virtue of theise presents to be nominated or chosen the President and Fellowes of the same Colledge shall and may from tyme to tyme and att any tyme after such death or deaths removall or removalls respectively assemble and meete att a Court to be holden in theire Common Hall or other convenient place as aforesaid and then and there elect nominate and choose any one or more such and soe many of the most learned and able persons skilled and experienced in the said facultie of Physicke then of the Comonalty or Members of the said Colledge and Corporation to bée Fellowe and Fellowes of the same Colledge and Corporation in the place and places of such and soe many of the said Fellowes of the said Colledge and Corporation as shall bée then voyd by death or removall as aforesaid Which persons soe to be chosen beeing duely sworne according to the tenour of theise presents shall bée and continue Fellowes of the said Colledge dureing theire respective lives unlesse for reasonable cause they shall bée removed as aforesaid AND WEE WILL and by theise presents for us our heires and successors doe give and graunt unto the President Fellowes and Comonaltye of the Kings Colledge of Physitians aforesaid and their successors that it shall and may be lawfull for the President and Fellowes of the said Colledge att any Court or Courts to bée holden att theire Common Hall or other convenient place from tyme to tyme and as often as occasion shall require to summon heare and admonish any of the said Fellowes Elects and Censors of the same Colledge And for cause of evil Governement Non-residence otherwise then as aforesaid without Licence under the Seale of the said Colledge and Corporation or under the Privy Seale of us our heires or successors as aforesaid or for misbehaveing themselves in theire respective places or any other just or reasonable cause from tyme to tyme to expell and amove any of the same Fellowes Elects or Censors from his and theire respective place and places in the same Colledge And after due publication and entry made thereof in the Register of the same Colledge and Corporation from tyme to tyme to proceede to new Elections to supply the place or places of such person or persons soe removed or expelled according to the provision above mentioned and the tenour of theise presents AND WEE WILL and hereby declare That neither the President Vice-president Elects or Censors or any of them for the tyme being by colour of any double capacitie as such and alsoe Fellowes of the said Colledge and Corporation shall have or give more or other then each severall and respective person his or their severall and respective voyce in all or any Election or Elections or other matter or thing whatsoever directed or graunted or to be done or acted by virtue of theise presents Except onely in such case and cases where the voyces shall happen to bée even and equall And then and in every such case wherein the President or in his absence the Vice-president of the said Colledge and Corporation for the tyme beeing is to bee one We will and by theise presents for us our heires and successors doe Ordeyne and Graunt that the President or in his absence the Vice-president of the said Colledge and Corporation for the tyme being shall have and give a casting voyce to the end that all Elections matters and debates relateing to the said Colledge and Corporation may the more easilie certeinely and peaceablie bee settled and determined AND Wee will and further by theise presents for us our heires and successors doe Ordaine and Establish That all and every the Fellowes and alsoe the President Elects and Censors above named and hereby constituted and every of them And alsoe all and every the Fellowes President or Vice-president Elects and Censors and other Officers and Ministers whatsoever of the Colledge and Corporation aforesaid hereafter by virtue of theise presents to be nominated and elected and every of them shall severally and respectively take his and
and doe by all such just and lawfull wayes and meanes as shall be requisite or necessary for the better and speedier effecting of the premises in all things according to the best of their Iudgments and to the truth of the matter appeareing before them AND FURTHER that it shall and may bée lawfull to and for the said Visitors or any two or more of them for the tyme being from tyme to tyme and att any tyme after such cause or matter heard or determined by them or any two of them as aforesaid to remitt and certifie back again to the said President Fellowes and Cominalty of the said Colledge of Physitians their judgment and proceedings therein respectively To the end that due execution and proceeding may bée had and made thereupon according to the tenor true intent and meaning of these presents AND Wee will and by these presents for us our heires and successors doe constitute ordaine declare and graunt that all and every Iudgment Sentence and Decree hereafter made or to bée made by the Visitors aforesaid or any two or more of them upon any Appeale or Appeales of in or concerning the premises shalbée and stand firme and good and bée binding and concluding to all and every person and persons party and parties concerned therein respectively and noe further or other Appeale or releife to bée had sought made or given therein in any Court of Lawe or Equity or elsewhere or otherwise however PROVIDED allwayes and Wée will and by these presents for us our heires and successors doe constitute ordaine and grant that in case of neglect or delay of prosecution of any Appeale or Appeales hereafter to bée had or made in the premisses according to the tenor of these presents or that Iudgment Decree or Sentence bee not from tyme to tyme had and obtayned in all and every such Appeale and Appeales at the prosecution of the partie or parties respectively soe Appealing within six Moneths after every such Appeale or Appeales from tyme to tyme respectively made That then and in every such Case it shall and may bee lawfull to and for the President Fellowes and Commonalty of the Colledge aforesaid and their Successors and to and for the said President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them as is above mentioned to act and proceed in and upon every such Matter Cause Iudgment Sentence or Decree on which such Appeale or Appeales shall bee soe made as aforesaid and neglected delayed or not determined in tyme by the Visitors as aforesaid in such manner and to all intents and purposes as if such Appeale or Appeales had never byn or byn made Any thinge in these presents conteyned to the contrary thereof in any wise notwithstanding AND WEE DOE by these presents for us our heires and successors further graunt constitute and ordeyne that itt shall and may bee lawfull to and for the President Fellowes and Cominalty of the Colledge of Physitians aforesaid and their Successors and to and for the President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them as is above mentioned to act doe and proceed by way of Action Distresse Imprisonment or otherwise in and upon all and every matter cause and thing judgment sentence and decree whatsoever hereafter to bee made given ratified or confirmed by the Visitors aforesaid or any twoe or more of them in or upon any Appeale or Appeales to them to bée made as aforesaid and by them from tyme to tyme remitted as aforesaid in such and the like manner to all intents and purposes as by these presents they or any of them may or are impowered to doe in the same or the like Cases when noe Appeale or Appeales shall bée had or made therein Any thing in these presents conteyned to the contrary thereof in any wise notwithstanding PROVIDED alsoe and our will and pleasure is That noe person or persons whatsoever shall att any tyme hereafter bee ympeached sued fyned amerced or otherwise punished by vertue of these presents or for any offence or other matter cause or thing whatsoever therein specified or conteyned unlesse hee or they respectively bee from tyme to tyme impeached sued fyned amerced or otherwise questioned or punished for such his or their offence or other matter cause or thing aforesaid within one whole yeare next after the same shall be committed or done or such person or persons lyable to bée questioned or punished for the same AND WEE DOE further of our especiall grace certaine knowledge and meere motion for us our heires and successors give and grant unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors all and singular the Fynes Amerciaments Penalties and Forfeitures and every of them by virtue of these presents or any Act of Parliament hereafter to bee made in pursuance or Confirmation thereof or of any the Letters Patents or Acts of Parliament Ordinances Decrees or Impositions aforesaid hereafter to bee assessed forfeited sett or imposed upon any Physitian or Practizer of Physicke as aforesaid or to bee forfeited sett or imposed upon any Apothecary Druggist or other person or persons whatsoever for or by reason of any misdemeanor offence contempt or default whatsoever before in or by these presents or any the Letters Patents Acts of Parliament Ordinances Decrees or Impositions mentioned or specified to bee ymployed and disposed as hereafter in and by these presents is declared The penalties and forfeitures of the Recognizances hereafter in and by these presents mentioned and directed to bee taken in the name of us our heires and successors allwayes excepted AND that the said President Fellowes and Cominalty of the Colledge of Physitians aforesaid and their Successors shall and may by the name of the President Fellowes and Cominalty of the Kings Colledge of Physitians in the Citty of London att all tymes hereafter and from tyme to tyme in any of our Courts of Record according to the due course of Lawe sue for recover levy and take execution of and for the said Fynes Amerciaments Penalties and Forfeitures and every or any part thereof or otherwise levy or obtaine the same and every part thereof Except the said penalties and forfeitures of Tenn pounds and five pounds per Mensem by Imprisonment of the Bodies or distresse and sale of the Goods of the persons offending as aforesaid in manner and forme aforesaid AND FURTHER Wée will and hereby doe order and direct that all and every summe and summes of money had made accrewing or ariseing by or out of the same Fynes Forfeitures Penalties and Amerciaments any or all of them other then the said forfeitures of Tenn pounds per Mensem and five pounds per Mensem the just and reasonable charges and
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
Urbe quaqua versus publice exercerent instituerit incorporaverit eos in Corpus corporatum Politicum per nomen President ' Collegii seu Communitat ' facultatis medicine Londini concesserit eidem Presidenti Collegii sive Communitatis predicte successoribus suis diversas libertates privilegia QUAS Litteras Patentes ac omnia in eis contenta idem Pater noster non solum per Senatus consultum seu Parliamentum suum tentum Annis quartodecimo quintodecimo regni sui confirmavit Sed eciam per idem statutum in multis adauxit amplificavit QUODQUIDEM pium institutum dicti Patris nostri quandoquidem in rei publice commoditatem cessit manifestam in majorem indies cessurum verosimile sit si nos quod rem medicam profitentibus maxime necessarium est concesserimus predictis Presidenti Collegii sive Communitati predicte successoribus suis imperpetuum quotannis quedam humana corpora ad anatomizandum ut informamur Sciatis quod nos non modo preclaram institutionem dicti Patris nostri merito recolentes verum eciam regii officii nostri munus arbitrantes regiminis nostri Subditorum incolumitati saluti securitati quantum in nobis est providere de gratia nostra speciali ac ex certa sciencia mero motu nostris concessimus ac per presentes pro nobis heredibus successoribus nostris concedimus prefato Presidenti Collegii sive Communitati facultatis medicine Londini predict ' successoribus suis sive eorum assignatis quod habeant accipiant annuatim Temporibus futuris imperpetuum una vice vel diversis Anni vicibus ad discrecionem voluntatem libertatem predict ' Presidentis pro tempore existen ' successorum suorum Unum duo tria vel quatuor corpora humana ad discindend ' anatomizand ' quod jure publico hujus regni furti homicidii vel cujuscumque felonie condemnatum mortuum fuerit vel que jure publico hujus regni furti homicidii vel cujuscumque felonie condemnat ' mort ' fuerint infra Comitatum Midd ' vel infra Civitatem London ' predictam vel alibi ubicumque infra sedecim miliaria predict ' Civitatis prox ' in quocumque Comitatu sine impedimento nostri heredum vel successorum nostrorum aut Vicecomitum Ballivorum Servient ' ad clavam seu aliorum Officiariorum aut Subditorum nostrorum quorumcunque sive eorum alicujus ET QUOD licebit eidem Presidenti Collegii Communitati predict ' successoribus suis aliis quibuscumque eorum assignatis medicine professoribus seu expertis eadem corpora secare dividere aliter pro voluntate judicio suo cum ea reverencia que humane carni debetur tractare ad incrementum cognicionis medicine experimentum ejusdem ad salutem ligeorum nostrorum sine contradictione alicujus ET hoc absque ulla pecuniarum summa vel ullis pecuniarum summis pro eisdem reddend ' seu cuicumque solvend ' PROVISO semper quod cum hujusmodi anatomia de tempore in tempus transacta perfecta fuerit predicta corpora sumptibus ipsorum Presidentis successorum suorum debitis exequiis sepulture committantur EO QUOD expressa mencio de vero valore Annuo aut de aliquo alio valore vel certitudine premissorum sive eorum alicujus Aut de aliis donis sive concessionibus per nos vel per aliquem progenitorum nostrorum prefatis Presidenti Collegii sive Communitati facultatis medicine Londini ante hec tempora factis in presentibus minime fact ' existit Aut aliquo Statuto Actu ordinatione proclamatione provisione sive restrictione inde in contrarium habit ' fact ' edit ' ordinat ' sive provis Aut aliqua alia re causa vel materia quacumque in aliquo non obstante IN CUJUS rei testimonium has litteras nostras fieri fecimus Patentes TESTE me ipsa apud Westmonasterium vicesimo quarto die Februarii Anno regni nostri Septimo Per breve de privato Sigillo c. Nailour A Royall Charter granted to the Colledge of Physicians 8 Octob. 15 Jac. JAMES by the grace of God King of England Scotland France and Ireland defendor of the faith c. To all to whom these Presents shall come greeting WHEREAS our most noble and renowned Predecessor King Henry the Eighth late King of this our Realme of England in his Princely wisdome deepely considering and by the example of foreign well governed States and Kingdomes truly understanding how profitable beneficial and acceptable it would be unto the whole bodie of this Kingdome of England to restraine and suppresse the excessive number of such as daily professed themselves learned and profound practisers in the facultie of Physicke whereas in truth they were men illiterate and unexperienced rather propounding unto themselves their private gaine with the detryment of this Kingdome than to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilfull practisers those that were learned grave and profound practisers in that facultie should receive more bountifull reward and alsoe the industrious Students of that profession would be the better encouraged in their studies and endeavours For these and many other weightie motives causes and considerations our Royall and Princely Predecessor King Henry the Eighth by his Letters Patents bearing date at Westminster the three and twentieth day of September in the Tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establish a Colledge Comminaltie or Incorporation of Physicians in the Citie and Suburbes of London and for seaven miles every waye in distance from the same to be remaine and have existence for ever And by the same Letters Patents our foresaid noble Predecessor did further give and graunt unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound Practisers in the said facultie of Physick in the foresaid Citie of London that they and all of the said facultie of Physick of and in the foresaid Citie of London should for ever from thenceforth be in name and deed one Bodie Comminaltie and Colledge And further by the said Letters Patents did give and graunt unto the said Colledge and Comminaltie full power abilitie and authoritie for ever annually to elect and make one of the said Colledge or Comminalty to be President of the said Colledge Corporation and Comminaltie And that the said President soe elected and made and the said Colledge and Comminaltie should have perpetuall succession and a Common Seal for the behoofe and benefitt of the said President Colledge and Comminaltie and their Successors for ever And also by the said Letters Patents did further give and graunt unto the said President Colledge and Comminaltie and their
AND further of our like especiall grace certaine knowledge and meere motion Wee will and for us our heires and successors doe promise and graunt to and with the said President and Colledge or Comminaltie and their Successors by these presents That at the next Parliament or Session of Parliament of us our heires or successors to be holden within this our Realme of England Wee our heires or successors will give and graunt our roiall and free assent and consente to any Act Bill or Petition by the said President and Colledge or Comminaltie or their Successors or any of them in the same Parliament or Session of Parliament to be exhibited or preferred and by the Lords Spirituall and Temporall and the Comminaltie of the said Parliament to be approved and assented unto for the better enabling authorizing and investing of the said President or Colledge and Comminaltie and their Successors to and with the severall graunts powers priviledges authorities exemptions immunities and other matters and things in these presents to them given graunted and confirmed or intended to be to them given graunted or confirmed according to our gratious intent and meaning heerein before specified and expressed AND further Wee will and by these presents for us our heires and successors doe graunt unto the said President and Colledge or Comminaltie and their Successors That these our Letters Patents and all and singular the guifts graunts authorities powers priviledges and immunities and other things therein conteyned shal be good firme avayleable and effectuall in the Lawe to the intents and purposes aforesaid and shall be in all and every our Courts of Record and elsewhere had taken construed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President and Colledge or Comminaltie and their Successors Any Statute Act Ordinance Custome Vsage Guift Graunt or any other matter or thing heretofore had made used ordayned or provided to the contrary in any wise notwithstanding NEVERTHELESS Wee will and our intent and meaning is That the said President and Colledge or Comminaltie and their Successors shall answere and paie to us our heires and successors for and in respect of the fines amerciaments penaltyes forfeytures and summes of money herein before mentioned and by these Presents to them graunted as aforesaid the yearely rent of sixe pounds of lawfull money of England at the receipt of our Exchequer at Westminster at the feasts of the Annunciation of the blessed Virgin Marie and St. Michaell the Archangell by even and equall portions Any thing herein conteyned to the contrary notwithstanding Although expresse mention of the true yearely value or certainty of the premises or any of them or of any other guifts or graunts by us or any of our Progenitors or Predecessors to the foresaid President and Colledge or Comminaltie heretofore made in these presents is not made Or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordayned or provided Or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding IN WITNESS whereof Wee have caused these our Letters to be made Patents WITNESS our selfe at Westminster the eighth daie of October in the fifteenth yeare of our raigne of England France and Ireland and of Scotland the one and fiftieth Per breve de privato Sigillo Young Irr. in Memorand ' Scaccarii de anno octavo Regis nostri Caroli viz. inter Record ' de Termino Sancti Michaelis Ro. ex parte Rememorat ' dicti Domini Regis A Royall Charter granted to the Colledge of Physicians in London 26 Martii 15 Car. 2. CHARLES THE SECOND by the grace of God King of England Scotland Fraunce and Ireland defender of the faith c. To all to whom theise presents shall come greeting WHEREAS our most noble and renowned Predecessor King Henry the eighth late King of this our Realme of England in his princely wisdom deepely considering and by the example of forreigne well governed States and Kingdomes truly understanding how profitable beneficiall and acceptable it would be unto the whole Bodie of this Kingdome of England to restrayne and suppresse all such persons as would take upon themselves to be practisers in the facultie of Physicke being illiterate and altogether unskilfull in that facultie rather propounding unto themselves theire private gaine with the detriment of his Majesties subjects than to give relief in time of necessity And likewise duely considering that by the rejecting of those illiterate and unskilfull practizers those that were learned grave and profound practisers in that facultie And alsoe the industrious Students of that profession would bee the better incouraged and inabled in theire studies and endeavours For which and many other weightie motives causes and considerations our said Royall and Princely Predecessor King Henry the eighth by his Letters Patents bearing date at Westminster the three and twentieth day of September in the tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establishe a Colledge Comonaltie or Incorporation of Physitians in the Cittie and Suburbs of London and for seaven miles every way in distanee from the same to bee remayne and have existence for ever And by the same Letters Patents our aforesaid noble Predecessor did further give and graunt unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said facultie of Physick in the aforesaid Cittie of London that they and all of the said facultie of Physick of and in the aforesaid Cittie of London should for ever from thenceforth bee in name and deed One body Comonaltie and Colledge AND further by the same Letters Patents did give and graunt unto the said Colledge and Comonaltie full power abilitie and authoritie for ever annually to elect and make one of the said Colledge or Comonaltie to bee President of the said Colledge Corporation and Comonaltie And that the same President soe elected and made and the said Colledge and Comonaltie should have perpetuall succession and a Common Seale for the behoofe and benefitt of the said President Colledge and Comonaltie and their Successors for ever And alsoe by the said Letters Patents did further give and graunt unto the said President Colledge and Comonaltie and their Successors divers and sundry other liberties priviledges immunities power abilitie and authoritie not onely to and for the benefitt advantage and comodity of the aforesaid President Colledge and Comonaltie and theire Successors but alsoe for the more certaine and easier discovery speedy restraint and certaine repressing of the before mentioned unskilfull and illiterate practizers in the facultie of Physick aforesaid as by the same Letters Patents remayneing of Record amongst other things therein conteyned more plainely and fully it doth and may appeare WHICH said Letters Patents and all and every
or Places Duety or Dueties or any of them within our said Citties or the Suburbs or Liberties thereof or lymitts aforesaid That all and every such designation appointment nomination and election shall bee utterly void and of none effect any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding AND Wee doe further for us our heires and successors give and graunt unto the said President Fellowes and Commonalty of the said Kings Colledge of Physitians aforesaid and their Successors AND by these presents declare and manifest our pleasure for ever to bee That the said President Fellowes and Cominalty and their Successors shall and may have take hold receive use exercise and enjoy all and singular the Guifts Graunts Liberties Priviledges Immunities Freedomes Benefitts Advantages Proffitts Comodities Power Ability and Authority herein before mentioned or by any Act or Acts of Parliament heretofore given graunted or confirmed unto the President Colledge or Cominalty aforesaid or any of them and not hereby altered changed made void or nulled without the lett hinderance interruption or disturbance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons whatsoever And that as fully and amply to all intents and purposes as the said President Colledge or Cominalty or any the Members thereof or any of them had used exercised or enjoyed or may might could or ought to have had used exercised or enjoyed the same or any thereof AND FURTHER of our like especiall grace certaine knowledge and meere motion WEE WILL and for us our heires and successors Doe promise and graunt to and with the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors by these presents that in the present or next Parliament or Session of Parliament of us our heires or successors now held or hereafter to bee called and held within this our Realme of England Wee our heires and successors will give and graunt our Royall and free assent and consent to any Act Bill or Petition by the said President Fellowes and Cominalty or their Successors or any of them in Parliament as aforesaid to bee exhibited or preferred and by the Lords Spirituall and Temporall and the Commonalty of the said Parliament to bee approved and assented unto for the better inabling authorising and investing of the said President Fellowes and Commonalty and their Successors to and with the severall Graunts Powers Priviledges Authorities Exemptions Immunities and other matters and things to them in or by these presents given graunted or confirmed or intended to bee to them given graunted or confirmed according to our gracious intent and meaning herein before specified and expressed AND FURTHER Wée will and by these presents for us our heires and successors Doe graunt unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors that these our Letters Patents and all and singular the Guifts Graunts Authorities Powers Priviledges and Immunities and other things herein conteyned shall bée good firme avayleable and effectuall in the Law to the intents and purposes aforesaid And shall bée in all and every of our Courts of Record and elsewhere had taken construed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President Fellowes and Cominalty and their Successors any Statute Act Ordinance Custome Vsage Guift Grant or any other matter or thing heretofore had made used ordeyned or provided to the contrary in any wise notwithstanding ALTHOUGH EXPRESSE MENTION of the true yearely value or certainty of the Premisses or of any of them or of any other Guifts or Graunts by us or any of our Progenitors or Predecessors heretofore made to the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid in these presents is not made or any Statute Act Ordinance Provision Proclamation or Restriction heretofore had made enacted ordeyned or provided or any other matter cause or thing whatsoever to the contrary thereof in any wise notwithstanding IN WITNESS whereof Wée have caused these our Letters to bée made Patents WITNESS our selfe att Westminster the Sir and twentieth day of March in the Fifteenth yeare of our Raigne By the King HOWARD A Royall Charter granted to the Apothecaryes of London 30 Maii 13 Jacobi REX omnibus ad quos c. salutem Cùm antehac per Litteras nostras Paten ' sub magno sigillo nostro Anglie confect ' geren ' dat' apud Westm ' nono die Aprilis Anno regni nostri Anglie Francie Hibernie quarto Scocie de gratia nostra speciali voluerimus ordinaverimus concesserimus quod omnes singuli liberi homines mysterii Grocer ' Pharmacopol ' Civitat ' London Successores sui deinceps imperpetuum pro meliori ordine gubernatione regimine hominum myster ' Grocer ' Pharmacopol ' Civitatis London ac pro utilitate commodo relevamine bonorum proborum ac formidine correctione malorum dolosorum improborum forent essent vigore earundem Litterarum Paten ' unum Corpus corporatum politicum in re facto nomine per nomen Custod ' Communitatis myster ' Grocer ' Civitat ' London eosdem per nomen Custod ' Communitat ' myster ' Grocer ' Civitat ' London unum corpus corporatum politicum in re facto nomine realiter ad plenum pro nobis heredibus successor ' nostris per easdem Litteras nostras Paten ' adtunc erexerimus fecerimus ordinaverimus constituerimus declar averimus quod per idem nomen successionem h'erent perpetuam prout per easdem Litteras nostras Paten ' inter alia pleniùs liquet apparet Jam verò quum nobis sit demonstratum ex parte dilectorum subditorum nostrorum Pharmacopol ' Civitat ' nostre London necnon nobis affirmatum approbatum per dilectos nobis Theodorum de Mayerne Henricum Atkins in Medicinis Doctores Medicos nostros discretos fideles Quod hiisce proximis annis quamplurimi Empirici homines ignari inexperti in Civitate nostra London ac ejusdem Suburbiis inhabitant commorantur qui in Pharmacopoli arte mysterio haud instituti sed in eadem imperiti rudes quamplurima insalubria nociva falsa corrupta perniciosa faciunt componunt medicamenta eademque in plurimas hujus regni nostri Anglie partes vendunt assidue transmittunt in convitium opprobrium non solùm Medicine sciencie illius colende Medicorúmque hujus regni nostri Anglie literat ' eandem profitentium necnon Pharmacopoeiorum Civitat ' nostre London in eadem arte mysterio educat ' expert ' verùm eciam in subditor ' nostror ' pericula assidua vite
William Clapham Apothecary for that he administred Physick for diverse moneths together to the said William Turner for which he hath received great summes of money to the summe of 80 li. and more and yet hath presented more Bills and sued the said Executors for 12 li. 14 s. and 10 d. more as appeareth by his Declaration exhibited to the honourable Court of Common Pleas. We taking into consideration the misdemeanours that are daily in this kind presented unto us and having sent for the same William Clapham and examined him concerning this businesse as also having examined diverse of his Bills brought in by him to us and affirmed by his Servant to be the Original Bills which we find not to agree with those mentioned in his Declaration neither in substance nor number And that besides the Bills presented to us are not likely to be of any Physicians prescribing they being irregular and contrary to Art Therefore we do certify to all whom it may concerne that we have just cause to think that the Patient hath been unconscionably and unreasonably dealt withall In witnesse whereof we the President and Censors of the College have hereunto set our hands Dated the 18th day of November at our College Subscribed by the President and Censors In the 7th year of the King's Reign Mr. President presented a Letter sent to him and the College by his Majestie 's command concerning the poisoning of Mr. Lane the Contents of which Letter and of this whole affair are the following To my very loving friends the President and the rest of the College of Physicians in London AFter my hearty commendations Since the Sentence pass'd against one Cromwell for the murder of his Master because he persisted in a constant denyall of the fact it hath occasioned his Majestie 's gracious care to informe himself by all means possible which might serve to draw the truth thereof into further light and evidence To that purpose as there hath been employed the ministery of Divines to perswade his conscience and the feare of death to unmask it soe his Majestie taking notice of some question was made amongst the Physicians whether the party dead were poysoned or noe hath thought fit to heare the judgment of you the College of Physicians thereupon and doth accordingly require and authorise you to assemble your selves in such manner as in the like enquiryes and consultations is accustomed and there to take as exact information as may be from the relation of such as were present of the state of his sicknesse the manner of his death and what hath been besides observed upon the view and opening of his body or may yet be collected from the sight and tryall of the Medicine if any part of it be still remaining Whereupon having heard and weigh'd the arguments on both sides you are to set downe your opinions in writing with the reasons of them under your hands and present the same unto his Majestie before Wednesday next his Majestie not intending to suspend the course of Justice any longer unlesse something may appeare in the meane time fit to induce and warrant a further act of mercy towards the prisoner Thus much I was commanded by his Majestie to signify unto you of his Royal pleasure and so I bid you heartily farewell and rest Your very loving friend He. Hollande Greenwich the 27th of May 1632. By this Letter the College is commanded to take exact information from the relation of such as were present of Mr. Lane's sickness of the manner of his death and what hath been observed upon the view and opening of his body as also from the sight of the bolus which was left It being therefore enquired of Mr. Matthewes Apothecary of whom without the Counsel of any Doctour he took physick what sickness Mr. Lane had he answered that he was not sick but that he was desirous to take a Medicine which Dr. Poe had heretofore appointed him and which he since had taken sundry times The Medicine he said was this ℞ Pulv. Sanct. ʒjss Syr. Augustan ℥ j. Vini albi ℥ iij ss m. f. potio This he took upon Monday and he had thereby 7 or 8 stools But not thinking himself sufficiently purged he desired Master Matthewes that he might have it again which Master Matthewes accordingly prepared on Tuesday for Wednesday but he took not this Medicine till Friday following upon the taking of which after the walking 5 or 6 turns he vomited and grew sick The Medicine also did work downward much even to the purging of bloud and the said Mr. Matthewes gave Mr. Lane a Cordial of Diascordium Dr. Gifford was called to Mr. Lane on Sunday and can say nothing what was done before He then found that Mr. Lane did cast and scowre much and that he was feverish his breath stinking his mouth black especially on the right side and about his gumms The Doctour the nappointed him Clysters of milk and to drink milk and water On Monday against night he did appoint him a Bolus with Laudani Parac gr j. ¼ which night he vomited the Bolus and purged much more than before casting and scowring bloud after the Bolus On Tuesday the Doctour gave him some Diacodium and Plantain Water On Wednesday he appointed him Laudani gr j. cons flor garyophyllor ℈ j. Cromwell was sent for this Bolus who returned not home in half an hour The Apothecary's man saith it was sent gilt but the gilt was broken and being suspected to be more in quantity than was appointed it was tasted and it made their mouths sore that tasted it and then it being searched there appeared a white powder in it And it is confess'd that Cromwell came to Mrs. Bacon's shop and bought 2 drams of Sublimate there which he pretended to grave knives withall and with a third part thereof he then and there did engrave a knife the other 2 parts he carryed away with him of which he being questioned denied the same making this excuse that the asker was neither Constable nor Justice and being further questioned what he did with the rest of the Sublimate he said it was between the window and his desk where a piece of Sublimate was found but not the powder Dr. Gifford did think that there was a mortification in his mouth Dr. Gifford did answer to 2 Objections made concerning the poison 1. That the Corps was outwardly fair Resp The evacuation did prevent the coming of the poison to the skin 2. It was said the bottom of the stomach was not offended Resp The sides of the stomach were offended and the evacuation came so suddenly upon the taking it that it did not settle Dr. Andrews saith that he was called with others to view the body of Mr. Lane which they found outwardly fair his lips onely appearing white as if they had been blistered Some blackness there appeared in his mouth and his Tongue was black and hard but from his throat to his stomach it was very fair
ill practice who as he affirmed undertook to cure his wife of a Tympany of which disease Vintner told him he had cured 40. and amongst those named one Ingram's wife He had of Clarke 4 l. when he began and 3 l. after for medicines and 4 l. more he was to have when he had perfected the Cure Vintner did not deny the accusation and being demanded by what authority he practised he answered he was a Physician and Student in Trinity College in Cambridge of which College he had been a year or two and further said that he had been instructed in Physick from a Boy by his Father meaning Mr. Vintner the Empirick Being asked what medicines he gave Clark's wife and Ingram's at first he refused to discover them saying he had them noted in his books but after long expostulation he named Ialap and Elatorium as he pronounced the word and being questioned what Elatorium was made of he said it was composed of 3 or 4 things whereof Diagridium was one He was censured for giving Elaterium a medicine he knew not and particularly to a woman at his own house whom he afterwards sent home through the open streets telling her it was a Cordial He was fined 10 l. and committed to Prison Richard Hammond Surgeon was complained of by Iohn Walton for that he undertook to cure his child of a Dropsie being 9 or 10 years old He gave him a Clyster after which he fell into a loosness and died Hammond confessed that he gave the Child a Clyster made of Ale Molossos and white Hellebore which wrought so violently that the Boy died therewith Walton likewise affirmed that there was a red powder in the Clyster which he judged to be red Mercury For this ill practice he was fined 5 l. and committed to the prison of the Compter in Woodstreet Iames Virott Apothecary was accused by the Wardens of the Apothecary's Company for decayed and ill medicines found in his Shop which they brought The Censors refused to take any notice thereof because they had not visited his Shop which they promised speedily to do and accordingly within a few days they with the Wardens did visit it and destroyed his corrupt and ill medicines Mr. President made complaint of the Apothecaries disrespect in general and in particular of Mr. Smith's who being served with a Sub-poena to appear as a Witness in a College cause neglected to come Whereof being reproved by Mr. President that it was an affront to the College he told him he might take it as he pleased and being advised by Dr. Harvey to come to the President to compose this breach Smith told him that he seared no body under the degree of a Privy Councellour for any good or harm Upon this complaint it was thought fit to put it to the table whether Mr. Smith should be excommuned for using Mr. President so unworthily till such time as he should reconcile himself to the President and the College By scrutiny he was excommuned till he should so reconcile himself About 3 weeks after Mr. Smith came to excuse the offence done to the President and declared himself sorry that he should give any such offence and craved the favour of the President and College wherefore his suspension was remitted and he again entertained into the favour of the College Susan Dry was complained of for giving Physick to one Margaret Foxe to whom she gave drinks of 10 s. a bottle She gave physick to one Matthew Evans of whom she had 2 s. 6 d. in money with an Apron and Pillow-bear She took another Womans Ruff. She was committed for evil practice and fined 3 l. Upon her submission Mr. President took 30 s. of her and released her He delivered the money to the Beadle the most of which was distributed to pious uses In the 9th year of this King's reign the College by advice of their Councel sent the following Letter to the Master Wardens and Fellowship of the Apothecaries concerning the examination of their servants in order to their freedom WHereas by your Charter your Apprentices are to be examined and allowed by the President or one or more of the College which he shall appoint before they can be made free of the City of London It hath been thought fit by our College for more conveniency for you and us to appoint their examination to be by the President or such as he shall appoint in that behalf in our College on our ordinary Censors days which are the first Fridays of every month days usual for the examination of University men where if you shall present them at the hour of 2 a clock in the afternoon they shall be examined without any further trouble Mr. Briscoe Apothecary appeared before the President and Censors being accused that he had given one Mr. Primrose 2 drams of troch de Alkakengi instead of 2 drams of troch Gordonii appointed by Dr. Iohnson without asking the Doctour's opinion therein He confessed it was his fault but when he gave it he knew not whether it were with Opium or no and he could not deny but that he said he had troch Gordonii when indeed he had not and also that he pressed the Dr. to give Mr. Primrose some Diacodium which the Dr. refused to do and he confesseth that he would have given it him all but he took but half thereof and he further saith that Mr. Primrose lived 4 days after taking the medicine He also presented the Note of his Censure in the Apothecaries hall as followeth 24 Martii 1634. Thomas Hicks Master Edward Cook James Fothergill Wardens Gideon de Laune Richard Edwards Leonard Stone Abraham Webb Roger Harry Young Henry Field William Shambrooke Richard Glover John Sotherton WHereas John Briscoe is complained of to this Court for falsifying a Bill of Dr. Johnson 's for James Primrose who was dangerously sick of an Vlcer in his Kidneys and Bladder whereby his death was hastened as is reported by diverse Doctors forasmuch as it appeared by the said Briscoe's owne confession that he did falsify the Bill of the said Dr. Johnson viz. by putting into the Potion prescribed troch Alkakengi cum Opio for troch Gordonii without the consent of the Doctor which is a breach of the orders of this Company It is ordered that the said Briscoe shall pay unto this Company for a fine for so falsifying the said Bill or Prescript 5 Marques according to the ordinances of this Company and for further punishment he shall be put off from being of the Clothing of this Company Tho. Tayler Clericus Societati Pharmacop The Censors are willing to defer the Censuring of this business till they have conferred with their Councel The President and Censors considering that there was some difference between the Fellows concerning the permitting of interdicted Apothecaries to make medicines upon their Prescripts It was agreed and ordered that excepting cases of absolute necessity no fellow should give way to any interdicted Apothecary to make
the feast of Saint Michaell the Archangell next ensueing the date hereof and from thenceforth untill some other Censors of the same Colledge and Corporation shall bée in due manner elected and sworne according to the tenour true intent and meaning of theise presents AND for the better supply and continuance of the said severall parts and members of the said Colledge and Corporation WEE will and by theise presents for us our heires and successors Doe ordaine and graunt that Nominations and Elections shall and may from tyme to tyme when and as often as occasion shall require bée duely made of the President Elects Censors and Fellowes of the said Colledge and Corporation according to the tenour true intent and meaning of theise presents that is to say That all and every President and Presidents of the Colledge and Corporation aforesaid hereafter to be nominated and chosen shall bée from tyme to tyme nominated and chosen onely by and out of the Elects of the same Colledge and Corporation for the tyme being according to the power in that behalfe hereafter given and declared And that every such President soe nominated and chosen and duely sworne according to the contents of theise presents shall bée and continue President of the same Colledge and Corporation untill the morrowe of the feast of Saint Michaell the Archangell next ensueing such his Election and from thenceforth untill some other of the Elects of the same Colledge and Corporation shall bée in due manner elected and sworne in that office or place of President according to the true intent and meaning of these presents unlesse he in the meane tyme for ill Governement Non-residency or misbehavior in the same office or place or any the like reasonable cause shall be removed from such his office or place whome in such case we will shall bée removeable according to the tenour of theise presents And for the better effecting thereof that it shall and may bée lawfull to and for the Elects of the said Colledge for the tyme being or any five of them whereof the President of the same Colledge for the tyme being or in his absence the Vice-president of the same Colledge for the tyme being to bée one On the morrowe of the feast day of Saint Michaell the Archangell next ensueing the date hereof or within thrée dayes after And on the morrowe of that feast day yearely or within thrée dayes next ensueing for ever after to assemble and meete together in the Common Hall of the said Colledge or other convenient place within the said Cittie of London and then and there to nominate elect and choose some one of the Elects of the same Colledge for the tyme being to bée President of the same Colledge and Corporation for the yeare then next ensueing Which person soe from tyme to tyme yearely to be chosen being duely sworne according to the tenour of theise presents shall bée and continue President of the same Colledge and Corporation for and dureing such tyme and untill such further election of a new President shall be made as aforesaid unlesse in the meane tyme he shall be removed as aforesaid AND FURTHER in case any President of the said Colledge shall happen to depart this life before the morrowe of the said feast of Saint Michaell the Archangell next ensueing his election or in the meane tyme shall be putt out or removed for cause as aforesaid That then and in every such case itt shall and may bée lawfull to and for the Elects of the same Colledge for the tyme beeing or any five of them in convenient tyme after the death or removall of every such President to meete and assemble in the said Common Hall or other place aforesaid and then and there to nominate elect and choose some one of the Elects of the same Colledge for the tyme beeing to be President of the same Colledge for the remainder of the yeare then in being And which said President soe chosen shall bée and continue President of the same Colledge for and dureing the remainder of the same yeare respectively And untill such further election of a new President shall bée made for the yeare then next ensueing as herein is declared And that in all things according to the tenor true intent and meaning of theise presents AND WEE FURTHER will and graunt that it shall and may bée lawfull to and for the President of the said Colledge for the tyme being by writeing under his hand and seale from tyme to tyme at his will and pleasure to nominate constitute and appoint any one of the Elects of the same Colledge for the tyme being to bée Vice-president of the same Colledge and to bée and continue in the same office or place of Vice-president dureing the pleasure of the same President And such his Vice-president from tyme to tyme to amove and discharge and a new one againe to make of any of the said Elects as aforesaid att his will and pleasure And that every such Vice-president soe constituted being duely sworne according to the contents of theise presents shall and may from tyme to tyme in the absence of the President of the same Colledge for the tyme being have doe use exercise and enjoy all and every the powers liberties priviledges matters and things that the President of the same Colledge for the tyme being may might should or ought to have doe use exercise or enjoy by virtue of theise presents or any the Charters Acts of Parliament or Graunts abovementioned AND WEE doe further will and ordaine that the Censors of the said Colledge shall from tyme to tyme be chosen out of the Fellowes of the said Colledge in manner and forme following that is to say The President and Fellowes of the Colledge aforesaid for the tyme being att a Court to be holden on the morrowe of the said feast day of Saint Michaell next ensueing the date hereof or within thrée dayes after and on the morrowe of that feast day or within thrée dayes next ensueing yearely for ever after shall and may assemble together in the Common Hall of the same Colledge or other convenient place aforesaid and then and there nominate elect and choose any fower of the Fellowes of the same Colledge for the tyme being to bée the Censors of the same Colledge for the yeare then next ensueing which fower persons soe from tyme to tyme yearely to bee chosen being duely sworne according to the contents of theise presents and every of them respectively shall bee and continue Censors of the same Colledge untill the morrowe of the feast of Saint Michaell next after such election and further untill other Censors shall bée duely chosen and sworne into theire respective places unlesse in the meane tyme they or any of them shall bée removed for reasonable cause AND FURTHER in case the Censors aforesaid from tyme to tyme to bée chosen as aforesaid or any of them shall happen to depart this life