enjoyne all Iudges and Iustices of us our heires and successors to act and performe accordingly any Acte Statute Lawe Vsage or Provision whatsoever to the contrary thereof in any wise notwithstanding AND WEE WILL and by these presents for us our heires and successors Doe ordaine and declare that all and every the Fynes Penalties Forfeitures and Amerciaments hereafter to be sett adjudged imposed or inflicted upon any person or persons whatsoever by force or colour of these presents or of any the Letters Patents or Acts of Parliament aforesaid or by force or colour of any Acts Ordinances Decrees or Constitutions made or to bee made by vertue of these presents or any the Graunts or Authorities aforesaid before any Action bée commenced or any Levy or Execution bee had or made thereof respectively the said severall penalties and forfeitures of Tenn pounds and five pounds per Mensem above mentioned allwayes excepted shall bée reported to and approved of by the Court or Corporation of the said President and Fellowes of the Kings Colledge of Physitians aforesaid to bée held by vertue of these presents or by any fifteene or more of the Fellowes of the same Colledge for the tyme beinge then present att such Court whereof the President or in his absence the Vice-president for the tyme being to bée one and then entered and registred in the Common Register Booke of the same Colledge And that from and after such approbation and entry thereof it shall and may bée lawfull to and for the President and Censors or Vice-president and Censors of the same Colledge of Physitians for the tyme being in the absence of the President or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one by Warrant under the hand of the said President and Censors or Vice-president and Censors for the tyme being in the absence of the President or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one duely made and directed to any Officer and Officers of the same Colledge in this behalfe to bée appointed to Commit and send every such person and persons soe offending and on whome any such Fyne Penalty or Amerciament shall be imposed sett or inflicted as aforesaid or by whom any forfeiture shall bée made as aforesaid to any of our Goales or Prisons except our Tower of London within our said Citty of London or the Suburbs thereof for the tyme being there to remayne untill he or they shall pay and satisfie unto the said President and Fellowes of the same Colledge of Physitians and their Successors for the tyme being the severall and respective fyne or fynes penalty or penalties forfeiture or forfeitures Amerciament or Amerciaments for which hee or they respectively shal bee soe Committed or charged as aforesaid or otherwise by like Warrant to levie all and every such fyne and fynes penalty and penalties forfeiture and forfeitures Amerciament and Amerciaments by distresse and sale of any of the Goods and Chattells of any or every such person or persons respectively offending as aforesaid rendering the overplus to bee ymployed and disposed as hereafter in and by these presents is directed PROVIDED allwayes that if any person or persons on whome any Fyne Penalty or Amerciament shall be sett or imposed as aforesaid shall find or conceive himselfe grieved thereby That then it shall and may bee lawfull to and for every such person and persons within one Moneth after such approbation and entry thereof made as aforesaid or sooner to appeale unto such person and persons for his or their releife therein as in and by these presents are hereafter nominated constituted and impowered in that behalfe AND Wée will and by these presents for us our heires and successors Doe make ordeyne constitute and appoint our right trusty and right welbeloved Cosin and Councellor Edward Earle of Clarendon our High Chancellor of England our right trusty and welbeloved Sir Robert Foster Knight Cheife Iustice of our Court of Kings Bench Sir Orlando Bridgman Knight and Baronett Cheife Iustice of our Court of Common Pleas and Sir Matthew Hale Knight Cheife Baron of our Court of Exchequer the present Visitors of the said Colledge and Corporation and the Lord Chancellor of England or Lord Keeper of the Greate Seale of England Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being from tyme to tyme and for ever hereafter Visitors of the same Colledge and Corporation AND Wee doe by these presents for us our heires and successors give and grant unto them the said Visitors hereby constituted and every or any two or more of them full power and authority to receive entertaine heare examine adjudge and determine alter mitigate reverse or confirme all and every such Matter Cause Complaynt Iudgment Decree or Sentence whatsoever which att any time hereafter shall come or bée brought before them or any two or more of them by way of Appeale hereafter to be made by any person or persons whatsoever for or concerning any Fyne Penalty or Amerciament or other matter or thing whatsoever according to the tenor true intent and meaning of these presents as to them or any two or more of them shall seeme just and fitting AND to that end that it shall and may bee lawfull to and for our said Lord High Chancellor of England Lord Cheife Iustice of our said Court of Kings Bench our said Cheife Iustice of our said Court of Common Pleas and our said Cheife Baron of our said Court of Exchequer now being or any two or more of them and to and for all and every other Lord Chancellor of England or Lord Keeper of the Greate Seale of England Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being or any two or more of them from tyme to tyme to send for remove or cause to come before them or any two or more of them all and every such Cause Complaynt Iudgment Decree and Sentence and all or any the proceedings thereof respectively whereupon or wherein any Appeale shall bée made to them or any two or more of them as aforesaid and from tyme to tyme to order and appoint certaine dayes tymes and places for the hearing and adjudging thereof and to summon heare and examine upon Oath or otherwise all and every person and persons that know or can say or testifie any matter of fact or other thing conduceing to the manifestation or discovery of the truth of the matter in question to the end a just and cleare judgment and determination may be had and made therein AND FURTHER to act proceed performe
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
of Physick in London but by forfeiture of 5 li. by the month which is to be recovered by the Law 2. If any practise Physick there for a less time than a month that he shall forfeit nothing 3. If any person prohibited by the Statute offend in non bene exequendo c. they may punish him according to the Statute within the month 4. Those who may commit to prison by the Statute ought to commit presently 5. The fines which they set according to the Statute belong to the King 6. They cannot impose a fine or imprison without a Record of it 7. The cause for which they impose fine and imprisonment ought to becertain for the same is traversable For although they have the Letters Patents and an Act of Parliament yet because the party grieved hath not other remedy neither by Writ of Error or otherwise and they are not made Iudges nor a Court given to them but have an authority onely so to doe the cause of their commitment is traversable in an action of false imprisonment brought against them as upon the Statute of Bankrupts their Warrant is under the great Seal and by Act of Parliament yet because the party grieved hath no other remedy if the Commissioners do not pursue the Act and their Commission he shall traverse That he was not a Bankrupt although the Commissioners affirm him to be one as this Term it was resolved in this Court in Trespass betwéen Cutt and Delabarre where the issue was Whether William Piercy was bankrupt or not who was found by the Commissioners to be a bankrupt à fortiori in the Case at Bar the cause of the imprisonment is traversable for otherwise the party grieved may be perpetually without just cause imprisoned by them But the Record of a force made by one Iustice of Peace is not traversable because he doth the same as Iudge by the Statutes of 15 R. 2. and 8 H. 6. and so there is a difference when one maketh a Record as a Iudge and when he doth a thing by a special authority as they did in the Case at Bar and not as a Iudge And afterwards for the said two last points Iudgment was given for the Plaintiff nullo contradicente And I acquainted Sir Thomas Fleming Chief Iustice of the Kings Bench with this Iudgment and with the reasons and causes thereof who approved of the Iudgment which we had given And the same is the first judgment upon the said Branch concerning fine and imprisonment which hath béen given since the making of the said Charter and Acts of Parliament and therefore I thought it worthy to be reported and published Dr. Bonham's Case as reported by Brownlow and Goldesborough Trinity 7 Jac. 1609. in the Common Bench. THomas Bonham brought an Action of false imprisonment against Dr. Atkins and divers other Doctors of Physick The Defendants justified that King H. 8. Anno Decimo of his Reign founded a College of Physicians and pleaded the Letters Patents of the Corporation And that they have authority by that to chuse a President c. as by the Letters Patents c. and then plead the Statute of 32 H. 8. Cap. 40. And that the said Doctor Atkins was chosen President according to the said Act and Letters Patents And by the said Act and Letters Patents it is provided That none shall Practise in the City of London or the Suburbs of it or within seven miles of the said City or exercise the faculty of Physick if he be not thereto admitted by the Letters of the President and College sealed with their Common Seal under the penalty of a hundred shillings for every month that he not being admitted shall exercise the said faculty Further we will and grant for us and our Successors to the President and College of the Society for the time being and their Successors for ever that they may chuse four every year that shall have the overseeing and searching corecting and governing of all in the said City being Physicians using the faculty of Medicine in the said City and of other Physicians abroad whatsoever the faculty of Physicking by any means frequenting and using within the said City or Suburbs thereof or within seven miles in compass of the said City and of punishing them for their offences in not well executing making and using it And that the punishing of those Physicians using the said faculty so in the Premisses offending by fines amerciaments imprisonments of their bodies and by other reasonable and fitting ways shall be executed Note the Preamble of these Letters Patents is Quòd cùm regii officii nostri munus arbitremur ditionis nostrae hominum foelicitati omni ratione consulere Id autem vel imprimis fore si improborum conaminibus tempestivè occurramus apprimè necessarium fore duximus improborum quoque hominum qui medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitebuntur unde rudi credulae plebi plurima incommoda oriuntur audaciam compescere And that the Plaintiff practised in London without admission of the College and being summoned to appear at the College and examined if he would give satisfaction to the College according to the said Letters Patents and Statute he answered that he had received his Degrée to be Doctor of Physick by the Vniversity of Cambridge and was allowed by the Vniversity to practise and confest that he had practised within the said City and as he conceived it was lawfull for him to practise there That upon that the said President and Commonalty fined him to a hundred shillings and for not paying of that and his other contempt committed him to Prison To which the Plaintiff replyed as aforesaid and upon this demurrer was joyned And Harris for the Defendants saith That this hath béen at another time adjudged in the King's bench where the said College imposed a fine of five pound upon a Doctor of Physick which practised in London without their admission and for the non-payment of it brought an action of debt and adjudged that it lay well and that the Statute of 32 H. 8. extends as well to Graduates as to others for it is general and Graduates are not excepted in the Statute nor in the Letters Patents and all the mischiefs intended to be redressed by this are not expressed in that and the Statute shall not be intended to punish Impostors onely but all other which practise without examination and admittance For two things are necessary to Physicians that is learning and experience and upon that there is a Proverb Experto crede Roberto And the Statute intends that none shall practise here but those which are most learned and expert more than ordinary And for that the Statute provides that none shall practise here without allowance and examination by the Bishop of London and the Dean of Pauls and four learned Doctors But in other places the examination is referred onely to the Bishop
his hand and not by the drinks and liquours he gave This he understood by his mother who wished him having a scald head to stroke his head with his own hand whereby he was cured And therefore sometimes he used onely his hand sometimes he gave Wine whereinto he dipped his finger that the people might have somewhat to take but the virtue came from his hand Barton was censured to pay 20 l. and to remain a prisoner in Woodstreet Compter till released by the President where he continued till the 19th of October following never having all that time petitioned the College for his liberty And then by virtue of a Writ of Habeas Corpus which he had sued forth of the King's Bench he was carried with his cause to the King's Bench Bar at Westminster The Copy of which Warrant and the Return thereof here immediately ensue NOs Johannes Warner Thomas Adams Vic' Civitat ' London Serenissimo Domino Regi in brevi huic schedul ' annex ' nominat ' ad diem locum in eodem brevi content ' Certificamus quod ante adventum nobis praedict ' brevis scil ' duodecimo die Septembris Anno regni dicti domini Regis nunc Anglie c. decimo quinto Christoferus Barton in dicto brev ' nominat ' commissus fuit Prisone dom ' Regis scil ' Computator ' scituat ' in Woodstreet London praedict ' in eadem Prisona sub custodia Isaaci Pennington Johannis Woollaston tunc vic' Civitat ' praedict ' in eorum exit ' ab officio suo sub custodia nostra detent ' virtute cujusdam Warranti Otwelli Meverell Laurentii Wright Edmundi Smith Willielmi Goddard in Medicinis Doctor Censor ' Collegii Medicor ' in London sub sigillo communi Collegii Medicor ' London praedict ' custodi praedict ' Computatorii London praedict ' vel ejus deputat ' direct ' Cujus quidem Warranti tenor sequitur in hec verba ss We Otwell Meverell Laurence Wright Edmund Smith and William Goddard Doctors in Physick and Censors of the College of Physicians in London being chosen by the President and College of Physicians aforesaid to govern and punish for this present year all offenders in the faculty of Physick within the City of London and the Suburbs thereof and seven miles compass of the said City according to the authority in that behalf to us duly given by certain Letters Patents under the great Seal of England made and granted to the said College and Comminalty by the late King of famous memory King Henry the Eighth bearing date the 23th day of September in the Tenth year of his Raigne And one Act of Parliament made in the 14th year of the said late King Henry the Eighth concerning Physicians Whereby the Letters Patents aforesaid and every thing therein are granted and confirmed And by virtue of the said Act of Parliament and Letters Patents aforesaid and one other Act of Parliament made in the first year of the Raigne of our late Soveraigne Lady Queen Mary intituled An Act touching the Corporation of Physicians in London did cause to be brought before us the sixth day of this instant September at our College house in Pater noster Rowe in London one Christofer Barton and we have examined the said Christofer Barton and upon his examination and other due proofs we have found that the said Christofer Barton hath unskilfully practised the Art of Physick within the City of London and Precinct aforesaid upon the bodies of Richard Ballady of Aldermary Parish London Michael Knight of St. Buttolphs Parish Aldgate London and the child of one Iane Bigge and some others in the month of Ianuary in the year 1638. contrary to the Laws in that behalf made and provided whereupon we have imposed upon the said Christofer Barton a fine of 20 l. for his evil practice in Physick aforesaid and we have also for the same cause sent you the body of the said Christofer Barton Willing and requiring you in the Kings Majesties name to receive and keep him in safe custody as Prisoner there to remain at his own costs and charges without bail or mainprize untill he shall be discharged of his said imprisonment by the President of the said College and by such persons as by the said College shall be thereunto authorised according to the Statute in that behalf made And this our Warrant shal be your discharge Given at the said College the eleventh day of September in the 15th year of the Raigne of our Soveraigne Lord King Charles Otwell Meverell Law Wright Edm. Smith William Goddard To the Keeper of Woodstreet Compter London or his Deputy To Mr. John Penyall one of the Messengers of his Majestie 's Chamber in Ordinary to execute this Warrant ET hec est causa acceptionis detentionis praefati Christoferi Barton in Prisona praedict ' sub custodia nostra Corpus cujus quidem Christoferi coram praefat ' domino Rege apud Westm ' parat ' habemus Being at the Bar the said 19th of October for that the Lord Chief Justice Sir Iohn Brampston was not present the other Judges present would not accept of bail which the said Barton tendered but suspended the matter untill Tuesday the 12th of October following Barton for that time was returned back and coming to the Bar again on the said Tuesday with his Councel and Bail the Lord Brampston being then present my Lord demanded the return of the Warrant which was neglected by the Clerks of the Court and left in the Crown Office in the Temple so my Lord would not proceed but respited the cause untill Thursday the 24th of October following when all parties appearing with Councel on both sides the Warrant and Return was read and the Cause debated and there the Court plainly declared that he should not be Bailed it being against the Law and the Letter of the Warrant grounded upon the Statutes Then it was desired by Barton's Councel that he might go over to the King's Bench which also was denied because he was committed originally to the Compter and willed if he would have liberty to submit to the College and make his peace there Barton being in custody of the Serjeant that carried him up to the Bar exhibited his humble Petition to the President and Censors the 25 of October signed with his own hand for abatement of part of his fine and for his enlargement submitting in all things unto them Whereupon the President and Dr. Meverell one of the Censors were contented to abate the half of his fine of 20 l. and to accept of 10 l. the one half to be paid in hand which was paid and the other half at our Lady day next And so upon the 29th of October signed his discharge and set him at liberty he being put again before his enlargement into the said Prison Mr. President gave order that upon the commitment of any Offender the name of the
money and every part and parcell thereof to the said President and Colledge or Comminaltie and their Successors to be reteyned had taken converted and enioyed to their sole and proper use benefitt and behoofe without rendring making or yeilding unto us our heires or successors any parte or parcell thereof or any rent accompt or recompence for the same other then the yearely rent hereafter by these presents reserved The said Letters Patents or any the said Statutes before mentioned or any clause article or reservation in them or any of them conteyned to the contrary hereof in any wise notwithstanding And Wee doe further by these Presents of our especiall grace certaine knowledge and meere motion for us our heires and successors give and graunte unto the foresaid President and Colledge or Comminaltie and their Successors That the four persons to be annually chosen by the said President and Colledge or Comminaltie for the time being and their Successors according to the intent and meaning of the foresaid Letters Patents of our said Predecessor King Henry the eighth now commonly called the four Censors of the said Colledge or any three of them for the time being shall have full power and lawfull authoritie at all time and times hereafter when and as often as to the said four Censors or any three of them shall seeme requisite and convenient to examine survey governe correct and punishe all and singular Physitians and practisers in the facultie of Physick Apothecaries Druggists Distillers and Sellers of waters or oyses Preparers of Chymical Medicynes to be sold or impsoyed for gaine and all and every other person and persons practising in the same facultie or using the art or mysterie of an Apothecary or the Trade or Crafte of a Druggist Distiller Preparer or Seller of any Oyles Waters or Medicynes as aforesaid or that shall sell or put to sale any Stuffs Druggs Oyles Waters or Medicynes or other thing whatsoever fit apte and used or pretended to be fit apte and used for Medicine either simple or compounded at or in any place or places within the foresaid Citie and Suburbs of London or within seaven miles of the same by fines amerciaments and Imprisonments and by other lawfull wayes and meanes according as the nature and qualitie of his or their offence or offences in the Premises shall deserve or require And we doe further of our like especiall grace certaine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors and doe by these Presents declare oux will and pleasure to be That the said four Censors of the foresaid Colledge for the time being or any three of them for ever hereafter when and as often as to the said Censors or any three of them shall seeme meete and convenient shall have full power and authoritie to send for summon convent and cause to appeare and come before them the said four Censors for the time being or any three of them all and every Physitian and Physitians practiser and practisers in the said facultie of Physick within the foresaid Citie and Suburbs of London or within seaven miles thereof at such times and places as by the said Censors or any three of them shal be reasonably lymited prefixed and appointed And to examine them concerning their skill or practise of the said facultie of Physick and their manner of practise therein And if any Physitian or Practiser in the said facultie of Physick upon reasonable summons and garnishment to be made and given in that behalf shall make default and not appeare before the said Censors or any three of them at such time and place as by the said Censors or any three of them shal be reasonably limited prefixed and appointed or shall refuse to answere or to be examined as aforesaid That then and soe often the said four Censors for the time being or any three of them shall and may lawfully assesse and impose a reasonable penaltie fine or amerciament upon every or any such delinquent or offendor for every severall default of appearance made upon severall summons or for every severall refusall to answere or to be examined as aforesaid at severall times upon severall appearances made Soe as the same penaltie fine or amerciament soe to be imposed for any one default of appearance or refusall to answere or to be examined as aforesaid doe not at any one time exceed the summe of fortie shillings of Currant English money And if any person or persons soe summoned or warned as aforesaid doe make his or their personall appearance before the foresaid Censors at such time and place as is or shal be lymited and appointed as aforesaid and it shall then and there appeare unto the said Censors that such person or persons hath or have administred or prescribed Medicine or Physick unto any person or persons or hath or have practised in the said facultie of Physick at any one or more time or times within the foresaid Citie or Suburbes of London or within seaven miles thereof without admission and licence first had and obteyned of and from the said President and Colledge or Comminaltie or their Successors by Letters testimoniall under their Common Seale according to the meaning of the Letters Patents before mentioned Then it shall and maie be lawfull to and for the said four Censors or any three of them to assesse and impose a reasonable penaltie fine or amerciament upon every suche person and persons soe practising for everie such his and their offence and default in that behalfe Soe as the same exceed not the summe of three pounds of lawfull English money and to imprison him by the space of seaven dayes or under for such his offence and not to deteyne him in prison any longer unless he shall not have made satisfaction and payment of the same fine soe imposed upon him for the same offence In which case it shall be lawfull to deteyne him in prison untill the same fine be satisfied And if it shall then and there appeare unto the said Censors or any three of them as aforesaid that any such person or persons soe making his or their appearance hath at any time administred or prescribed any noysome unwholsome or unfitt Medycine or Physick unto any person or persons within the lymitts aforesaid Then the said Censors shall and maie from time to time punish the said delinquent or offendor by reasonable amerciament fine or imprisonment according unto their discretion to be by them imposed as aforesaid Soe as the same fine doe not exceed the summe of Tenn pounds and soe as the imprisonment for such offence exceed not the space of fourteene daies unless it shal be for non-payment of such fine for which it shall be lawfull to deteyne such offendor in prison untill the same fine be satisfied And to the end that the said Offendors in the premisses may be the better knowne and
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
and Constitutions soe as aforesaid to be made Wee will shal be observed and kept under the paines and penaltyes in the same to be lymited and conteyned Soe as the same Acts Statutes and Ordinances Imprisonments fines and amerciaments be not contrarie or repugnant to the Laws and Statutes of this our Realme of England And further Wee will and by these presents for us our heires and successors doe graunt to the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled together in their said Hall shall and maie nominate elect and appoint one honest and discreet person which shall be and be called the Register to the said Colledge who shall from time to time be attendant on the said President and Colledge or Comminaltie and their Successors at their Assemblies Courts Congregations or meetings and shall sett downe in writinge register and enter into a booke all such Rules Orders Statutes Decrees Acts Ordinances and other things as shall from time to time be had made done provided and ordayned by the said President and Colledge or Comminaltie and their Successors or the greater parte of them assembled together in their said Hall Which said Register soe to be named elected and made as aforesaid shal be and continue in the said office and place for and during the will and pleasure onely of the said President and Colledge or Comminaltie and their Successors or the greater parte of them whereof the President to be one The said Register first taking his corporall oath upon the Holy Evangelists before the said President and four Censors for the time being or any three of them whereof the President to be one for the doeing and performing of his true and faithfull service to them in the said office and place from time to time AND Wee doe likewise will and for us our heires and successors doe by these presents graunte unto the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled in their said Hall shall and may from time to time when and as often as to them shall seeme meete ordaine make constitute and appoint such and soe many other fitt and meete Officer or Officers Minister or Ministers as to the said President and Colledge or Comminaltie and their Successors or the greater parte of them shal be thought fitt and necessarie for their service and benefitt Vnto all and every which said Officers or Ministers it shal be lawfull to the said President and Colledge or Comminaltie and their Successors or to the Censors or any three of them assembled together in their said Hall to administer and give oathes upon the said Holy Evangelists for the due performance and erecution of his and their office and place And the same Register and all and every other Officer and Minister by them to be elected made constituted or appointed as aforesaid from time to time upon reasonable and just cause to remove expell and put out of his and their said offices and places and to elect and put others into his and their roomes and places when and as often as to the said President and Colledge or Comminaltie and their Successors or the greater parte of them shall seeme meete and convenient AND further Wee doe for us our heires and successors give and graunt unto the said President and Colledge or Comminaltie and their Successors that it shall and may be lawfull to and for the said President and four Censors for the time being or any three of them whereof the President to be one to cause such persons which shal be convented for any the offences aforesaid and shal be found offendors therein to become bound to us our heires or successors and to our use in one or more severall recognizaunces in such summe as they shall think fitt not exceeding the summe of one hundred poundes with conditions for restrayning them to offend any more in that behalf as to the President and four Censors or any three of them shall seeme meete And if such person shall refuse to become soe bound by such recognizance with such condition That then it shall and may be lawfull to and for the said President and four Censors or any three of them whereof the President to be one to commit such person to prison and him to deteyne in prison untill he shall become bound in such recognizance with such condition as aforesaid And Wee doe further of our especiall favour certaine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors speciall licence free and lawfull libertie power and authoritie to acquire purchase receive and take unto the said President and Colledge or Comminaltie and their Successors Mannors Lands Tenements Tithes Rents Reversions and Hereditaments of or from any person or persons whatsoever not exceeding in the whole the cleere yearely value of one hundred Marks of lawfull English money above all charges and reprises Soe as the same Mannors Lands Tenements Tithes Rents Reversions and Hereditaments by virtue hereof to be acquired and purchased be not holden of us our heires or successors immediately in Chief or by Knightes service or of any other person or persons by Knights service the Statute of Alienation in Mortmayne or any other Statute Law Ordinance or Provision to the contrary thereof in any wise notwithstanding AND Wee doe further give and graunt for us our heires and successors unto the foresaid President and Colledge or Comminaltie and their Successors that all and every Physitian and Physitians that now is or are or that hereafter shal be elected admitted and made a member of the foresaid Colledge or Comminaltie shall from time to time be wholly and absolutely freed exempted and discharged of and from providing and bearing of any Armour or other munition within our said Citie of London and the Liberties thereof or within seaven miles compasse as aforesaid Any Statute Act Ordinance Constitution or usage to the contrary in any wise notwithstanding AND Wee doe further for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors and by these presents declare and manifest our pleasure for ever to bee That the said President and Colledge or Comminaltie and their Successors shall and may have take receive use exercise and enjoy all and singular the guifts graunts liberties priviledges immunities freedomes benefitts advantages profitts commodities power abilitye and authoritye herein before mentioned or otherwise by any other former Letters Patents given graunted or confirmed unto the President and Colledge or Comminaltie or any of them without the lette hinderance interruption or disturbance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons whatsoever
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
Grant Article and other thing conteyned and specified in the same were by Act of Parliament made in the fowerteenth yeare of the Raigne of our said noble Predecessor King Henry the Eighth approved ratified and confirmed and clearely authorized and admitted to bee good lawfull and avayleable to the said Bodie Corporate and theire Successors for ever And that the best construction that might be invented should be made thereof and of every part and parcell thereof for the best benefitt behoofe power and authority of the aforesaid President Colledge and Corporation of Physitians as aforesaid AND further by severall other Acts of Parliament divers and sundry other priviledges liberties ability power and authoritie are and were afterwards established ordayned given and graunted to the said President Colledge and Corporation of Physitians and their Successors As by the same severall Acts of Parliament thereof made more fully and at large alsoe doth and may appeare AND whereas nevertheless our Royall Grandfather James late King of England of ever blessed memory out of his great wisdome and circumspection perceiving that divers enormities and abuses not then sufficiently provided for and reformed did dayly abound and increase to the apparent damage of his Royall Majestie and of his loveing subjects of this Realme of England by and through the unskillfullness fraud and deceipt of Physitians Apothecaries Druggists and such like which were then most likely much more to abound unlesse tymely and festine remedie were duely provided and applyed for the cureing of soe publique a dissease AND our said Royall Grandfather gratiously affecting soe pious and charitable a worke and intending a more full and perfect reformation of the said abuses grievances and enormities in this our Realme out of his princely disposition and care of repressing thereof att the Petition of Henry Atkins Doctor in Physicke then President of the said Colledge and of divers other learned Doctors in Physicke then Fellows elect or members of the said Colledge or Corporation by his Letters Patents under the great Seale of England bearing date at Westminster the eighth day of October in the fifteenth yeare of his Raigne over England for the honour peace and quiett of the said Colledge Did give graunt ratifie allowe approve and confirme unto the said then President and Colledge or Comonalty and theire Successors the said Letters Patents of our said noble Predecessor King Henry the Eighth herein before mentioned and every Article Clause Guift and Grant therein conteyned and not altered by the said Letters Patents of our said Royall Grandfather AND further our said Royall Grandfather did by his said Letters Patents give and grant unto the said President and Colledge or Comonaltie and theire Successors divers and sundry other liberties priviledges immunities powers abilitie and authority not only to and for the benefitt advantage and comoditie of the aforesaid President and Colledge or Comonaltie and theire Successors but alsoe for the more speedy certaine better and easier discovery restraint punishment and repressing aswell of the before mentioned unskillfull unlicensed and illiterate practizers in the facultie of Physicke aforesaid as alsoe of the said fraud and deceipts of the said Apothecaries and Druggists and other the abuses grievances and enormities aforesaid As in and by the same Letters Patents of our said Royall Grandfather remayning of Record amongst other things therein conteyned more fully and att large it doth and may appeare AND whereas notwithstanding all the care travaile and endeavour had and taken in the creating modelling and establishing of the Constitution and Corporation aforesaid and the many and greate liberties powers and priviledges thereunto given granted and confirmed by the said severall Letters Patents and Acts of Parliament aforesaid And notwithstanding the constant and indefatigable paines and endeavours of the President and Colledge aforesaid on all opportunities had and taken in putting the same in due execution to the ends aforesaid Itt hath beene made most apparent and evident unto us that the number of unskillfull illiterate and unlicensed practizers of Physicke in and about our said Cittie of London hath of later yeares much increased and att present doe daylie multiply together with the renewed frauds abuses and deceipts of divers Apothecaries Druggisss and others inhabiting in the same Cittie frequently exercised and practised in the making prepareing ordering and venting of Druggs and other things relateing to the said facultie of Physicke to the greate dishonour of this Nation and of the sage and learned professors of that facultie soe noble and necessary and to the detriment of us and our good subjects The chiefe cause or ground whereof as wee are given to understand ariseth from some defects in the said Constitution the Coercive and Penal Powers thereof beeing not aptly and usefully placed and settled By meanes whereof subtil and crafty men wholly ignorant and unskilled in the facultie of Physicke have in defiance of authoritie dared publiquely to professe and practise Physicke in our said Cittie of London and by new inventions and delusions deceived much people thereby advanceing theire private commoditie in the greate detriment of the publique and yett have evaded the just and condigne punishment provided and intended by the Charters and Acts of Parliament aforesaid for such presumptuous Offendors Which to prevent in the future And that a due and seasonable reformation may bee had in all the premises and an apt proper and legall constitution and incorporation may be had and established of grave and learned Doctors and other able and experienced practisers of Physicke in and about our said Cittie of London indowed with powers and priviledges convenient and requisite for the ends aforesaid KNOW ye That Wee of our especiall grace certaine knowledge and meere motion and att the humble Petition of Sir Edward Alston Knight now President of the said Colledge or Comonaltie and of divers other learned Doctors of the said Colledge or Comonalty Have willed ordeyned constituted declared given and graunted And by these presents for us our heires and successors doe will ordeyne constitute declare give and graunt unto the said President and Colledge or Comonalty That they from henceforth for ever hereafter shall bee continue and remayne by virtue of theise presents One bodie Corporate and Politique in deede fact and name by the name of the President Fellowes and Comonaltye of the Kings Colledge of Physitians in the Cittie of London And them and theire Successors by the name of the President Fellowes and Comonaltie of the Kings Colledge of Physitians in the Cittie of London into one Bodie Corporate and Politique in deede fact and name really and fully for us our heires and successors Wee doe erect make ordeyne constitute declare and create by theise presents AND that by the same name they shall have perpetuall succession And alsoe that they and theire successors by the same name of the President Fellowes and Comonalty of the Kings Colledge of
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
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
good Rule Order and Governement of the said President Fellowes and Cominaltie and their Successors and of all their Officers and Ministers Goods Lands Tenements and Hereditaments And alsoe of all other practicers of Physicke and other the persons aforenamed for the reformation and redresse of the abuses deceipts misdemeanours and enormities and other the premises herein before mentioned or expressed And alsoe for inflicting upon all and every Delinquent Offender and Offenders against all or any such Lawes Acts Ordinances Orders Decrees Articles and Constitutions soe to bée made as aforesaid or any of them such reasonable paines penalties and punishments by imprisonment of the body or by fines and amerciaments any or all of them as to the said President and Fellowes and theire Successors or to the Vice-president and Fellowes in the absence of the President or the major part of them as aforesaid shall seeme reasonable and fitting To all which said Lawes Acts Ordinances Orders Decrees Articles and Constitutions to bée made as aforesaid Wée will and require all due obedience and observance under the paines and penalties therein conteyned Yett soe as allwayes the said Lawes Acts Ordinances Orders Decrees Articles and Constitutions bée not repugnant but agreeable to and with the Lawes Statutes Rights and Customes of this our Kingdome of England and bée approved and confirmed according to the Statute in that behalfe made And Wee will and by theise presents for us our heires and successors in reference and with respect to the said Graunt of our said noble Predecessor King Henry the Eighth And the said Act of Confirmation thereof in this behalfe Doe give and graunt unto the said President Fellowes and Comonaltie of the Colledge aforesaid and their Successors And doe hereby ordayne appoint and strictly commaund That noe person or persons whatsoever of what condition or qualitie soever hée or they bée being noe member of the said Corporation nor heretofore Licensed under the Common Seale of the said Colledge of Physitians Doe or shall from henceforth use or exercise the said faculty of Physicke within our said Citties of London and Westminster or within seaven miles any wayes in circuite thereof unlesse such person and persons shall bée first admitted or licensed to doe the same by the President and Fellowes of the said Colledge for the tyme beeing Assembled in Court or Convocation as aforesaid And such theire Licence or Admittance be attested by Letters Testimonialls of the said President and Fellowes of the said Colledge for the tyme being sealed with the Common Seale of the same Colledge upon paine of forfeiting unto the said President Fellowes and Comminaltie of the Colledge aforesaid and theire Successors Tenne pounds for every Moneth wherein any such person or persons shall soe exercise the said facultie being not admitted or licensed thereunto as aforesaid And that it shall and may bee lawfull to and for the said President Fellowes and Commonaltie of the Colledge aforesaid and theire Successors by the name of the President Fellowes and Commonaltie of the Kings Colledge of Physitians in the Cittie of London in any Court or Courts of Record of us our heires or successors at Westminster or in any other of our Courts of Record within the Iurisdiction whereof the offence aforesaid shalbée committed according to the due course of Law to sue for recover and have execution of and for all and every such penalties forfeitures summe and summes of money as shall att any time hereafter accrew growe due or payable or become forfeited unto the said President Fellowes and Commonaltie of the Colledge aforesaid or theire Successors as aforesaid In which Actions Suite or Suites soe to bée brought as aforesaid noe Essoyne wager of Law or protection shall be admitted or allowed for any Defendant or Defendants therein AND Wée doe further by theise presents of our especiall grace certaine knowledge and méere motion for us our heires and successors give and graunt unto the aforesaid President Fellowes and Comonaltie of the Colledge aforesaid and theire Successors That the President and Censors and in the absence of the President the Vice-president and Censors of the same Colledge for the tyme being or any thrée of them whereof the President and in his absence the Vice-president for the tyme being to bee one shall have full power and lawfull authoritie att all tymes hereafter when and as often as to them or any three of them whereof the President and in his absence the Vice-president for the tyme being to bee one it shall seeme requisite and convenient to supervise examine survey correct and punish all and singular Physitians and Practizers in the said facultie of Physicke Apothecaries Druggists Distillers and Sellers of Waters or of Oyles preparers of Chymicall Medicines to bee sold or imployed for gaine and all and every other person and persons practizeing in the said facultie or useing the Art or Mystery of an Apothecary or the Trade or Craft of a Druggist Distiller Preparer or Seller of any Oyles Waters or Medicines for gaine as aforesaid or that shall sell or put to sale any Stuffe Druggs Oyle Water or Medicines or other thing whatsoever used or to bee used for Medicines either simple or compounded at or in any place or places within our said Citties of London and Westminster or Suburbs thereof or within seaven miles of the same by Fines Amerciaments and Imprisonments and by other lawfull wayes and meanes or any of them according as the nature and qualitie of his and theire offence or offences in the premises shall deserve or require AND WEE DOE further of our like especiall grace certaine knowledge and meere motion for us our heires and successors give and grant unto the aforesaid President Fellowes and Comonalty of the said Colledge and theire Successors And We doe by theise presents declare our will and pleasure to bée that the said President and Censors and in the absence of the President the Vice-president and Censors of the same Colledge for the tyme being or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one for ever hereafter when and as often as to them or any thrée of them whereof the President or in his absence the Vice-president for the tyme being to bee one shall seeme meete and convenient shall have full power and authoritie to send for summon convent and cause to appeare and come before them the said President Vice-president and Censors or any three of them for the tyme being whereof the President or in his absence the Vice-president to bee one all and every Physitian and Physitians Practizer and Practizers in the said facultie of Physicke within the aforesaid Cittie and Suburbs of London or within seaven miles thereof at such tyme and places as by the said President and Censors or Vice-president and Censors or any three of them for the tyme being whereof the President or in his absence the
Vice-president to bee one shal bee reasonably prefixed and appointed and to examine them concerning theire skill or practice of and in the said faculty of Physicke and theire manner of practice therein And if any Physitian or Practizer in the same facultie of Physicke upon reasonable summons and garnishment to be made and given in that behalfe shall make default and not appeare before the said President and Censors or Vice-president and Censors or any three of them for the time being as aforesaid haveing noe reasonable cause to the contrary att such tyme and place as by them or any three of them as aforesaid shal bee reasonably limitted or appointed Or shall refuse to answere or be examined as aforesaid That then and soe often the said President and Censors and in the absence of the President the Vice-president and Censors or any thrée of them for the tyme being whereof the President or in his absence the Vice-president to bee one shall and may lawfully Assesse and impose a reasonable penaltie Fine or Amerciament upon every or any such Delinquent or Offender for every severall default of appearance made upon severall Summons haveing noe reasonable cause for his excuse to bée made appeare to the said President or Vice-president and Censors or any thrée of them as aforesaid and for every severall refusall to answere or to bée examined as aforesaid att one or more severall tyme or tymes upon one or more severall appearance or appearances made or to bee made Soe as the same Penaltie Fine or Amerciament soe to bee imposed for any one default of appearance or refusall to answeare or be examined as aforesaid doe not att any tyme exceed the summe of fortie shillings of Currant English money And if any person or persons soe summoned or warned as aforesaid doe make his or theire personall appearance before the said President and Censors and in the absence of the President before the Vice-president and Censors or any three of them for the tyme being whereof the President or in his absence the Vice-president to bee one att such respective tyme and place as in that behalfe shal bee limitted or appointed as aforesaid And if it shall then and there appeare unto the said President or Censors or Vice-president and Censors in the absence of the President or any three of them for the tyme being whereof the said President or in his absence the Vice-president to bee one that any such person or persons soe makeing his or theire appearance hath att any tyme ministred or prescribed any noysome unwholsome or unfitt medicine or physicke unto any person or persons within the limitts aforesaid Then and in every such case the said President and Censors or Vice-president and Censors in the absence of the President or any three of them for the tyme being whereof the said President or in his absence the Vice-president to bee one shall and may from tyme to tyme punish every such delinquent or offender by reasonable Amerciament Fine or Imprisonment according to theire discretions to bee by them imposed as aforesaid soe as any such fine doe not exceede the summe of Tenne pounds of lawfull money of England And soe as the Imprisonment for such offence exceede not the space of fowerteene dayes unlesse it shall bee for non-payment of such fine for which it shall be lawfull to deteyne such Offender in prison untill the same fine bee satisfyed And to the end that the said Offenders in the premises may bee the better knowne and discovered and may bee for theire said misdemeanors and offences duely and condignely punisht according to the meritts 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 graunt unto the said President Fellowes and Cominalty of the said Colledge and Corporation and theire Successors full power and lawfull authoritie That it shall and may be lawfull to and for the said President and Censors or Vice-president and Censors in the absence of the President of the same Colledge for the tyme being or any three of them whereof the President or in his absence the Vice-president to bee one by any precept or processe to be made under their respective hands and seales to summon and warne any person or persons whatsoever whom they shall know or think meete in or about ministring of any Physicke or Medicines or attendant or servant upon any that shall have received Physicke or Medicines upon payment or tender to them and every of them of theire reasonable charges in that behalfe to declare testify or prove against any such Delinquent or Offender in the premises his or their misdemeanors or offences upon reasonable summons and warning to appeare and come before the said President and Censors or any three of them to be examined touching his or theire knowledge of the said Offenders and their misdemeanours and offences in the premises And upon his or theire appearance made as aforesaid to administer and give to him or them soe to bee produced to testify as aforesaid an Oath or Oathes and him or them to sweare upon the Holy Evangelists to testify and declare the truth of his and their knowledge concerning the said Offenders in the premises and theire 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 bee thought fitt as aforesaid to declare and testify concerning the said offences upon reasonable summons and warneing given as aforesaid and upon tender of his and theire reasonable charges as aforesaid shall willfully make default and shall not accordingly appeare before the said President and Censors or any thrée of them whereof the President or in his absence the Vice-president to bée one or if hée or they shall appeare and yett nevertheless shall refuse either to take such Oath or Oathes as shall bee then offered or tendred unto him or them as aforesaid or otherwise shall refuse to bee examined without Oath or shall refuse to make answere to such questions as shal bee then asked or demaunded of him or them by the said President and Censors or Vice-president and Censors in the absence of the President of the same Colledge for the tyme being or any thrée of them whereof the President or in his absence the Vice-president to bée one concerning his or theire knowledge touching the said offences and misdemeanours 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 forfeit and pay to the said President Fellowes and Cominaltie of the said Colledge and Corporation and theire Successors the summe of twentie shillings of lawfull English money AND WEE DOE further of our especiall grace certeine knowledge and meere motion for us our heires and successors give 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
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
expences in the sueing for or obteyning thereof respectively being first deducted and reteyned shall from tyme to tyme for ever hereafter within three Moneths after payment recovery or obteyning thereof bee well and duely imployed distributed and disposed of by the said President and Fellowes of the said Colledge of Physitians and their Successors or the major part of them for the tyme being whereof the President for the tyme being to bee one to and amongst the poore of the Parishe or Place Parishes or Places respectively wherein the Offence or Offences for which such Fyne or Fynes Amerciament or Amerciaments respectively shall bée sett or imposed as aforesaid is are or shall bee respectively done or committed in such manner and by such proportions as to them shall seeme fitting and requisite without the lett disturbance or interruption of us our heires or successors or any the Officers or Ministers of us our heires or successors and without giveing or rendering any account or recompence thereof or therefore to us our heires or successors NEVERTHELESSE Wee will and our intent and meaning is That the said President Fellowes and Comonalty of the said Colledge and Corporation and theire Successors shall answeare and pay unto us our heires and successors for and in respect of the said penalties and forfeitures of Tenn pounds per Mensem and five pounds per Mensem herein before mentioned and to them by these presents graunted as aforesaid the yearely Rent of six pounds of lawfull money of England in liew and stead of the like yearely rent of six pounds reserved and payable in and by the Letters Patents of our said Royall Grandfather above mentioned to bée paid att the Receipt of our Exchequer att Westminster att the feast of Saint Michaell the Archangell and the Annunciation of the blessed Lady Mary the Virgin by even and equall portions Any thing in these presents contayned to the contrary thereof in any wise notwithstanding AND for the preventing of any question that may arise concerning a double rent KNOW YEE further that Wée of our especiall grace certaine knowledge and meere motion HAVE remised released acquitted and discharged And by these presents for us our heires and successors Doe remise release acquitt and discharge aswell the said President and Colledge or Comonalty in the Letters Patents aforesaid specified and theire Successors as the said President Fellowes and Commonalty and their Successors and every of them of and from the said yearely rent of six pounds reserved and payable by the said Letters Patents of our said Royall Grandfather as aforesaid and of and from all and every part and parcell thereof And all our right interest title clayme and demaund of in or to the same every or any part thereof AND Wée will and by these presents for us our heires and successors doe graunt unto the said President Fellowes and Commonalty of the Kings Colledge of Physitians aforesaid and to their Successors that the President and Fellowes or the Vice-president and Fellowes of the same Colledge for the tyme being in the absence of the President or the major part of them present being not lesse in number then fifteene whereof the President or in his absence the Vice-president to bee one being assembled together in their Hall or Council-house aforesaid shall and may from tyme to tyme Nominate Elect and Appoint One honest and discreet person being one of the Fellowes of the said Colledge whoe shall bée and shall bée called the Register to the same Colledge and shall from tyme to tyme bée attendant on the President and Fellowes of the said Colledge and their Successors and shall sett downe in writing register and enter into a Booke all such Rules Orders Statutes Decrees Acts Ordinances and other things as shall from tyme to tyme bée had made done provided or ordeyned by the said President and Fellowes and their Successors or the greater part of them att such their Courts Meetings and Assemblies aforesaid and alsoe shall and may from tyme to tyme when and as often as to them shall seeme meete ordaine make constitute and appoint such and soe many other meete Officer or Officers Minister or Ministers as to the said President and Fellowes or Vice-president and Fellowes in the absence of the President and their Successors or the greater part of them assembled as aforesaid from tyme to tyme shall bée thought fitt and necessary for their service and benefitt WHICH Register Officers and Ministers shall from tyme to tyme bée duely and severally sworne before the President or in his absence the Vice-president of the same Colledge for the tyme being according to the prescript and directions abovesaid and the true intent and meaning of these presents AND the same Register and all and every other Officer and Minister by them to bée soe elected made constituted or appointed as aforesaid shall and may from tyme to tyme upon reasonable and just cause remove expell and putt out of his and their said Offices and Places and elect and putt others in his and their roomes and places when and as often as to the said President and Fellowes or Vice-president and Fellowes in the absence of the President or the greater part of them whereof the President or in his absence the Vice-president for the tyme being to bée one shall seeme meete and convenient AND FURTHER Wee doe for us our heires and successors give and graunt unto the said President Fellowes and Commonalty of the Kings Colledge of Physitians aforesaid and theire Successors that itt shall and may be lawfull to and for the said President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them whereof the President or in his absence the Vice-president to bee one to cause such persons as shall be convented for any the offences aforesaid and shall bee found offenders therein to become bound unto us our heires and successors and to our use in one or more severall Recognizances in such summe or summes as they shall thinke fitt not exceeding the summe of One hundred pounds with Conditions thereunto for restrayning them to offend any more in that behalfe as to the President or Vice-president and Censors in the absence of the President and Censors or any three of them whereof the President or in his absence the Vice-president for the tyme being to bee one shall seeme meete And if such person or persons shall refuse to become soe bound by such Recognizance with such condition that then itt shall and may bee lawfull to and for the said President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them whereof the President or in his absence the Vice-president to bee one to commit such person and persons to prison and him and them to deteyne in prison untill he or they shall
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
Nemo in dicta Civitate c. Also the makers of the Act put a distinction betwixt those who shall be licensed to practise Physick within London c. for they ought to have the admittance and allowance of the President and College in writing under their Common Seal but he who shall be allowed to practise Physick throughout England out of London ought to be examined and admitted by the President and 3 of the Elects and so they said that it was lately adjudged in the Kings Bench in an Information exhibited against the said Doctor Bonham for practising of Physick within London for divers months As to the Third point they said That for his contempt and disobedience before them in their College they might commit him to Prison for they have authority by the Letters Patents and Act of Parliament And therefore for his contempt and misdemeanor before them they may commit him Also the Act of 1 Mariae hath given them power to commit them for every offence or disobedience contrary to any Article or Clause contained in the said Grant or Act. But there is an express Negative Article in the said Grant and ratified by the Act of 14 H. 8. Quod nemo in dicta Civitate c. exerceat c. And the Defendants have pleaded that the Plaintiff hath practised Physick within London by the space of one month c. And therefore the Act of 1 Mariae hath authorised them for to imprison him in this case for which cause they did conclude for the Defendants against the Plaintiff But it was argued by Coke Chief Iustice Warburton and Daniel Iustices of the Common Pleas to the contrary And Daniel conceived that a Doctor of Physick of the one Vniversity or the other c. was not within the body of the Act and if he was within the body of the Act that he was excepted by the said latter clause But Warburton argued against him for both the points and the Chief Iustice did not speak to these 2 points because that he and Warburton and Daniel did agrée that this action was clearly maintainable for two other points But to the 2 other points he and the said 2 other Iustices Warburton and Daniel did speak scil 1. Whether the Censors have power for the Causes alledged in their Barr to fine and imprison the Plaintiff 2. Admitting that they have power to doe it if they have pursued their power But the chief Iustice before he argued the points in Law because that much was said in the commendations of the Doctors of Physick of the said College within London and somewhat as he conceived in derogation of the dignity of the Doctors of the Vniversities he first attributed much to the Doctors of the said College within London and did confess that nothing was spoken which was not due to their merits but yet that no comparison was to be made between that private College and any of the Vniversities of Cambridge and Oxford no more than between the Father and his Children or betwéen the Fountain and the small Rivers which descend from thence The Vniversity is Alma mater from whose breasts those of that private College have sucked all their science and knowledge which I acknowledge to be great and profound but the Law saith Erubescit lex Filios castigare Parentes The Vniversity is the fountain and that and the like private Colleges are tanquam rivuli which flow from the fountain melius est petere fontes quà m sectari rivulos Briefly Academiae Cantabrigiae Oxoniae sunt Athenae nostrae nobilissimae regni soles oculi animae regni unde Religio humanitas doctrina in omnes regni partes uberrimè diffunduntur But it is true Nunquam sufficiet copia laudatoris quia nunquam deficiet materia laudis and therefore these Vniversities excéed and excell all private Colleges tanquam inter viburna cupressus And it was observed that King Henry the 8. his said Letters Patents and the King and the Parliament in the Act of 14 H. 8. in making of a Law concerning Physicians for the more safety and health of men therein have followed the order of a good Physician Rex enim omnes artes censetur habere in scrinio pectoris sui For Medicina est duplex removens promovens removens morbum promovens ad salutem And therefore 5 manner of persons who more hurt the body of men than the disease it self are to be removed 1. Improbi 2. Avari qui medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitentur 3. Malitiosi 4. Temerarii 5. Inscii and of the other part 5 manner of persons were to be promoted as appeareth by the said Act scil those that were 1. profound 2. sad 3. discreet 4. groundedly learned 5. profoundly studied And it was well ordained That the professors of Physick should be profound sad discreet c. and not youths who have no gravity and experience for as one saith In Juvene Theologo conscientiae detrimentum in juvene Legista bursae decrementum in juvene Medico coemeterii incrementum And it ought to be presumed every Doctor of any of the Vniversities to be within the Statute sc to be profound sad discreet groundedly learned and profoundly studied for none can there be Master of Arts who is a Doctor of Philosophy under the study of 7 years and cannot be Doctor of Physick under 7 years more in the study of Physick and that is the cause that the Plaintiff is named in the Declaration Doctor of Philosophy and Doctor of Physick quia oportet Medicum esse Philosophum ubi enim Philosophus desinit incipit Medicus As to the 2 points upon which the Chief Iustice Warburton and Daniel gave judgment 1. It was resolved by them That the said Censors have not the power to commit the plaintiff for any of the causes mentioned in the Barr and the cause and reason thereof shortly was That the said clause which giveth power to the said Censors to fine and imprison doth not extend to the said clause sc Quòd nemo in dicta Civitate c. exerceat dictam facultatem c. Which prohibiteth every one to practise Physick within London c. without licence of the President and College but extendeth onely to punish those who practise Physick within London pro delictis suis in non bene exequendo faciendo utendo facultate medicinae by fine and imprisonment So that the Censors have not power by the Letters Patents and the Act to fine and imprison any for practising of Physick within London but onely pro delictis suis in non bene exequendo c. for ill and not good use and practice of Physick And that was made manifest by 5 Reasons called vividae rationes because they had their vigour and life from the Letters Patents and the Act it self And the best Expositor of all Letters Patents and Acts of Parliament are the
authority in that case 3. The fines and amercements to be imposed by them by force of the Act do not belong to them but to the King for the King hath not granted the fines and amercements to them and yet the fine is appointed to be paid to them in proximis Comitiis and they have imprisoned the Plaintiff for non-payment thereof 4. They ought to have committed the Plaintiff presently by construction of Law although that no time be limited in the Act as in the Stat. of West cap. 12. De Servientibus Ballivis c. qui ad compotum reddend ' tenentur c. cum Dom ' hujusmodi servientium dederit eis auditores compoti contingat ipsum in arreragiis super compotum suum omnibus allocatis allocandis arrestentur corpora eorum per testimonium auditorum ejusdem compoti mittantur liberentur proximae gaolae Domini Regis in partibus illis c. in that case although that no time be limited when the Accomptant shall be imprisoned yet it ought to be presently as it is holden in 27 H. 6. 8. and the reason thereof is given in Fogossa's Case Plow Com. 17. that the generality of time shall be restrained to the present time for the benefit of him upon whom the pain shall be inflicted and therewith agréeth Plow Com. 206. b. in Stradling's Case And a Iustice of Peace upon view of the force ought to commit the offender presently 5. For as much as the Censors had their authority by the Letters Patents and Act of Parliament which are high matters of Record their proceedings ought not to be by word and so much the rather because they claimed authority to fine and imprison And therefore if Iudgment be given against one in the Common Pleas in a Writ of Recaption he shall be fined and imprisoned but if the Writ be Vicontiel in the County there he shall not be fined or imprisoned because that the Court is not of Record F. N. B. in bre de Recaptione so in 47 F. N. B. a Plea of Trespass vi armis doth not lie in the County Court hundred Court c. for they cannot make Record of fine and imprisonment and regularly those who cannot make a Record cannot fine and imprison And therewith agréeth 27 H. 8. Book of Entries The Auditors make a Record when they commit the Defendant to prison A Iustice of Peace upon view of the force may commit but he ought to make a Record of it 6. Because the Act of 14 H. 8. hath given power to imprison untill he shall be delivered by the President and the Censors and their Successors reason requireth that the same be taken strictly for the liberty of the Subject as they pretend is at their pleasure And the same is proved by a Iudgment in Parliament in this Case For when this Act of 14 H. 8. had given power to the Censors to imprison yet it was taken so literally that the Gaoler was not bound to receive them which they committed to him and the reason thereof was because they had authority to do it without any Court And thereupon the Statute of 1 Mar. cap. 9. was made that the Gaoler should receive them upon a pain and none can be committed to any prison if the Gaoler cannot receive him but the first Act for the cause aforesaid was taken so literally that no necessary incident was implyed And where it was objected that this very Act of 1 Mariae hath enlarged the power of the Censors and that upon the word of the Act It was clearly resolved that the said Act of 1 Mariae did not enlarge the power of the Censors to fine or imprison any person for any cause for which he ought not to be fined and imprisoned by the said Act of 14 H. 8. For the words of the Act of Q. Mary are according to the tenor and meaning of the said Act Also shall send or commit any Offender or Offenders for his or their offence or disobedience contrary to any Article or clause contained in the said Grant or Act to any Ward Gaol c. But in this Case Bonham hath not done any thing which appeareth within this Record contrary to any Article or clause contained within the Grant or Act of 14 H. 8. Also the Gaoler who refuseth shall forfeit the double value of the fines and amerciaments that any offender or disobedient shall be assessed to pay which proveth that none shall be received by any Gaoler by force of the Act of 14 H. 8. but he who may be lawfully fined or amerced by the Act of 14 H. 8. and for that was not Bonham as by the reasons and causes aforesaid it appeareth And admit that the replication be not material and the Defendants have demurred upon it yet forasmuch as the Defendants have confessed in the Bar that they have imprisoned the Plaintiff without cause the Plaintiff shall have Iudgment And the difference is when the Plaintiff doth reply and by his replication it appeareth that he hath no cause of action there he shall never have judgment But when the Bar is insufficient in matter or amounteth as this Case is to a confession of the point of the action and the Plaintiff replyeth and sheweth the truth of the matter to enforce his Case and in Iudgment of Law it is not material yet the Plaintiff shall have Iudgment for it is true that sometimes the Count shall be made good by the Bar and sometimes the Bar by the Replication and sometimes the Replication by the Rejoynder c. But the difference is when the Count wantethtime place or other circumstance it may be made good by the Bar so of the Bar Replication c. as appeareth in 18 E. 4. 16. b. But when the Count wanteth substance no Bar can make it good so of the Bar Replication c. and therewith agrée 6 E. 4. 2. a good case and mark there the words of Choke vid. 18 E. 3. 34. b. 44 E. 3. 7. a. 12 E. 4. 6. 6 H. 7. 10. 7 H. 7. 3. 11 H. 4. 24. c. But when the Plaintiff makes a Replication Sur-rejoynder c. and thereby it appeareth that upon the whole matter and Record the Plaintiff hath no cause of action he shall never have Iudgment although that the Bar or remainder be insufficient in matter for the Court ought to judge upon the whole Record and every one shall be intended to make the best of his own case Vid. Rigeways case in the 3. part of my Reports 52. And so these differences were resolved and adjudged betwéen Kendall and Heyer Mich. 25 26 Eliz. in the Kings Bench. And Mich. 29 30 Eliz. in the same Court betwéen Gallys and Burbry And Coke Chief Iustice in the conclusion of his argument did observe 7 things for the better direction of the President and Commonalty of the said Colledge in time to come 1. That none can be punished for practising
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
he ought to be publickly approved by many after he hath béen examined and answered in the Schools to divers questions and allowed by the Congregation house And 35 H. 6. 55. Doctor is no addition but a Degrée quia gradatim progressione Doctrinae provenit to that and that Doctor is Teacher and that he was first taught by others as a Scholar and afterwards he is Master and Doctor dicitur à docendo quia docere permittitur and they are called Masters of their faculty and that the original of Doctor came of the Synagogue of Iews where there were Doctors of Law and it appears that they had their Ceremonies in the time of H. 1. And when a man brings with him the Ensign of doctrine there is no reason that he should be examined again for then if they will not allow of him he shall not be allowed though he be a learned and grave man and it was not the intent of the King to make a Monopoly of this practice And to the second point that he propounded it séems that the justification is not good which is Quia non comparuit upon summons he was amereed and ordered that he should be arrested and being arrested and examined if he would submit himself to the College he answered that he was a Doctor and had practised and would practise within the said City as he conceived he might lawfully do and for that shewing of this Case he was committed to prison And he conceived two things upon the Charter First that it doth not inhibit a Doctor to practise but punisheth him for ill using exercising and making and secondly that it impowers to imprison the Empirick and Impostor And so prayed Iudgment for the Plaintiff And after in Hilary Term in the same year this Case was argued by all the Iustices of the Common Bench two several days The first day it was argued by Foster Daniel and Warburton Iustices at whose arguments I was not present but Foster argued against the Plaintiff and Daniel and Warburton with him that the action of false imprisonment was well maintainable And the second day the same Case was argued again by Walmesley Iustice and Coke Chief Iustice and Walmesley argued as followeth that is That the Statute of 3 H. 8. was in the negative that no person within the City of London or seven miles thereof take upon him to exercise or occupy as Physician or Chirurgeon c. And he doth not know in any Case where the words of the Statute are negative that they admit any interpretation against that but one onely and that is the Statute of Marlebridge Chap. 4. which provides that no Lord shall distrain in one County and the beast distrained drive into another County In which case though the words are negative yet if the Lord distrain in one County he may drive the beasts to his Mannor in another County of which the lands in which the distress was taken were held But it is equity and reason in this Case that the Statute should admit such exception for it is not of Malice but that the beasts may remain within his fée But in the principal Case there is not the like reason nor equity And also the King H. 8. in his Letters Patents recites as followeth that is Cùm regii officii nostri munus arbitremur ditionis nostrae hominum felicitati omni ratione consulere id autem vel imprimis fore si improborum conatibus tempestivè occurramus apprimè necessarium duximus improborum quoque hominum qui Medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitebuntur c. By which it appears that it is the office of a King to survey his Subjects and he is as a Physician to cure their maladies and to remove Leprosies amongst them and also to remove all fumes and smells which may offend or be prejudicial to their health as it appears by the several Writs in these several Cases provided And so if a man be not right in his Wits the King is to have the protection and Government of him lest he being infirm waste or consume his Lands or Goods And it is not sufficient for him that his Subjects live but that they should live happily and he discharges not his office if his Subjects live a life but if they live and flourish and he hath cure as well of their bodies as of their lands and goods for health for the body is as necessary as virtue to the mind And the King H. 8. to express his extraordinary care of his Subjects made the said Act in the third year of his Reign which was the beginning of his Essence to that purpose And by the Common Law any Physician which was allowed by the Vniversity might practise and exercise the said faculty within any place within England without any dispensation examination or approbation of any but after the making of the said Act made in the third year of King H. 8. none may practise exercise or occupy as Physician or Surgeon within the City of London and seven miles thereof if he be not first examined approved and admitted by the Bishop of London and the Dean of Pauls for the time being calling to them four Doctors of Physick or Chirurgeons c. And that no practiser may occupy or exercise the said faculty out of the said Precincts if he be not first examined approved and admitted by the Bishop of the Diocess or in his absence by his Vicar General every of them calling unto him such expert persons in the said faculty as their discretions think convenient And the reason of this difference as he conceived was for that in this City and the said Precincts the King and all his Councill and all the Iudges and Sages of the Law and divers other men of quality and condition live and continue and also the place is more subject to infection and the air more pestiferous and therefore there is more necessity that greater care diligence and examination be made of those which practised here in London and the Precincts aforesaid than of those that practise in other places of the Realm for in other places the people have better air and use more exercise and are not so subject to infection and therefore there is no cause that such care should be used for them for they are not in such danger And in the Statute there is not any exception of the Vniversities nor of those which are Graduates there and therefore they shall be tried by the said Act and the Statute of 14 H. 8. Chap. 5. onely excepts those which are Graduats of Oxford or Cambridge which have accomplished all things for their form without any Grace and if this exception shall be intended to extend to others then all the Vniversities shall be excepted by it and such exception was too general And over he said that the Plaintiff gave absurd and contemptuous answer when he being cited
remove presentments upon which process may be awarded in this Court The Reason why 't is not sufficient to plead the Tenor of Letters Patents or to shew or produce to the Court the Tenor of Letters Patents as in Pages case is resolved is because the Letters Patents are the private conveyance of a particular person and therefore he must plead and shew forth and produce to the Court the Letters Patents themselves and the Tenor thereof was not sufficient at the Common Law But upon nul tiel Record pleaded a Certificate of the Tenor onely and not of the Record it self hath always béen held a sufficient proof of that issue and the Tenor certified is to be filed in this Court and to remain here always to this purpose onely viz. as a proof of this issue but the Record it self remains where it was before to be made use of for any purposes that may happen hereafter The rest of the Iudges were of the same opinion and so Iudgment was given for the Plaintiff De Termino Sanctae Trinitatis Anno 28 Car. secundi 1676. Banco Regis The King and the President and College of Physicians Plaintiffs against Marchamont Needham Defendant THe President and the College qui tam c. brought an action of debt upon the Statute of 14 H. 8. cap. 5. for so much money against the Defendant for practising Physick for so many months without licence of the College whereby he was to forfeit 5 li. per month one moiety thereof to the King and the other moiety to the President and College The Defendant pleaded as to part of the money in the Declaration mentioned nul tiel Record as the said Act of Parliament and as to the Residue of the money the Defendant pleaded nil debet The Plaintiffs demurred to the Barr. The cause of the demurrer was for that the Defendant's plea was double viz. it contained two matters one whereof alone would go in answer to the whole money in the Declaration mentioned and would of it self be a good and full Barr to the Plaintiffs Action in case the said matter be true as the Defendant alledgeth and that is the matter of nul tiel Record and therefore the pleading of nul tiel Record to part onely and the pleading of other matter viz. nil debet to the residue makes the Defendant's plea in Barr to be vicious and to be an ill plea in Law The Councel for the Defendant did then object that the Plaintiffs Declaration is naught 't is an action of debt brought by the President and College qui tam c. upon the Statute and an action of debt doth not lie the Plaintiffs should have brought an information upon the Statute and not an Action of debt upon the Statute for the Statute doth not give an action of debt and therefore an action of debt doth not lie Twisden Iustice answered that an action of debt doth lie by equity and construction of the Statute Jones Iustice said that in the Statute of Tithes in 3 Ed. 6. no action of debt is mentioned and yet an action of debt lies upon that Statute and so here Thereupon Rule was given by the Court that Iudgment should be entred for the Plaintiffs In Mich. Term. Anno Car. secundi xxvi THe College brought their Action against John Bourne to which he pleaded nil debet and upon tryal of the Cause at Guild-Hall before Iudge Twisden the Plaintiffs recovered 40 li. Trin. xxxv Car. secundi THe President and College c. brought an Action of Debt upon the Statute of the 14 of H. 8. against Frederick Harder for practising Physick and thereupon had a Verdict against him at Westm for 25 li. which he paid and the Costs that were taxed The same Term they had a Verdict against Nathaniel Merry for 40 li. and against Richard Stone for 45 li. College Questions resolved by the Lord Chancellor and Judges in the fifth of King James his Reign An. Dom. 1607. THe King 's most Excellent Majesty having directed his Letters to the Right honourable Thomas Lord Ellesmere Lord Chancellor of England and to Sir John Popham Knight Lord Chief Iustice of England and one of his Highness's most honourable Privy Council They the said Lord Chancellor and Lord Chief Iustice by virtue of the same Letters called unto them Sr. Thomas Fleminge Knight then Lord Chief Baron of his Majestie 's Court of Exchequer Sir Thomas Walmesley and Sr. Peter Warburton Knights two of his Majestie 's Iustices of the Court of Common Pleas and Sir David Williams and Sir Laurence Tanfield Knights two of his Majesties Iustices of the King's Bench and after due consideration had both of the Charter of King H. 8. made unto the said President and College of Physicians in the tenth year of his Raign and several Acts of Parliament thereof made one in the 14 year of the same King and the other in the first year of Q. Mary for the ordering and governing of the said College and of all the Practisers in London and 7 Miles compass did on the first of May 1607. at the house of the said Lord Chancellor called York house resolve the several questions hereafter mentioned as is expressed under every Question Tho. Harries These Questions were resolved as is expressed under every question by the right honorable the Lord Chancellor of England Lord Chief Iustice of England the Lord Chief Baron of the Exchequer Iustice Walmesley Iustice Warburton Iustice Williams and Iustice Tanfield being assembled by the King's Majestie 's appointment to examine view and consider of the Charters Statutes and Laws made for the government of the College of Physicians in London and the Practisers of Physick there the first day of May 1607. at the house of the Lord Chancellor Quest 1. Whether Graduates of Oxford and Cambridge may practise in London or 7 miles compass of the same without licence under the said College Seal by virtue of the clause in the end of the Statute of 14 H. 8. and whether that clause hath not relation to the Statute of 3 H. 8. onely or how far it doth extend Resp All resolved that no Graduate that is not admitted and licensed by the President and College of Physicians under their Common Seal could practise in London or within 7 miles compass of the same Quest 2. Whether by Graduates Graduates in Physick onely are to be understood Resp They resolved That the exception in the Statute of 14 H. 8. cap. of Graduates in the two Vniversities is to be understood onely of Graduates of Physick and of no others And all resolved That by that exception those Graduates may practise in all other places of England out of London and 7 miles of the same without examination But not in London nor within the said Circuit of 7 miles Quest 3. If Graduates not admitted to practise in London practise there whether for evil practice or misdemeanour therein they be not subject to the Correction and government
was with her no body but he did prescribe any thing unto her are greatly suspected if not to have procured yet to have much hasten'd her end Of this no man can better speak than three of your owne College Dr. Gifford Dr. Fox and Dr. Poe who came unto her when she left the other and took great pains with her Likewise at her death and some days before Mr. Abraham Allen the King's Surgeon did attend her My request is that you will heare what they will say and accordingly call the said Mr. Talbott afore you and if you doe find that either by presumption in him or unskilfulnesse for from any malice I do absolutely discharge him that noble Lady's end were procured or hastned you will take such course in censuring and punishing of him that the respect due unto a person of her estate departed as she is may be observed and that his example may be a warning to others to proceed with conscience and discretion when they take the charge of the life of any upon them I have lost a most beloved and kind Kinswoman in the flower of her age and therefore do greatly desire a true accompt of the reason of her death And so I commit you to the protection of the Almighty At Baynard's Castle the 2d of August 1612. Your very loving friend R. Lisle In the 12th year of King James his Reign some of the Members of the College being required to find Arms the College appointed two of their Fellows viz. Sir William Paddy and Dr. Lister to solicite their cause with the Recorder of London the Lord Mayor and Court of Aldermen in the behalf of the Fellows Candidates and Licentiates for immunity from the charge of service for Men or Armour Whereupon Sir William Paddy accompanied with Dr. Lister before Sir Tho. Middleton Knight then Lord Mayor and a full Court of Aldermen upon the fourth of October 1614. after a short preamble made that is to say that the Fellows of the College of Physicians of London became Suiters unto the Lord Mayor and that honourable Court that it would please them to take into their considerations the privileges granted unto the College by Acts of Parliament whereby they were as heretofore they have been exempted from the charge of service proceeded to the Reasons following First applying his speech to Sir Henry Montague Recorder for the City he desired him that he would indifferently peruse the words in the preamble of the Act of Parliament recited thus In consideration c. Herein may it please this honourable Court not onely all Articles Graunts and other things contained in the Letters Patents but also for enlargement of further Articles for the said College are to be interpreted available to the said College in as large and ample manner as may be taken thought and construed by the same 14 Hen. 8. Then may it please you to observe that in the 32d of H. 8. they and every of them of the said Body Corporate or Fellowship and their Successours shall at all time and times after the making of the said Act be discharged to keep any Watch or Ward in the said City of London or the suburbs of the same And here the said Sir William requested them to note the word any which in true weight of construction was to be extended as if that Clause had been in more words expressed Then he farther urged that for the Chirurgeons where in the first entrance of the Act it was thought expedient by the wisedom of the Land to provide for men expert in the Science of Physick and Chirurgery And therefore when it followeth that in this Act of Parliament the Chirurgeons by express word are exempt from the bearing of Armour it may truly inferr that Physicians are exempted as before from any Watch or Ward as also Physicians here recited in the preamble should receive a greater or at least the same immunity especially since Physicians are by their Science Chirurgeons without further examination and approbation to be had from the Bishop of London whereunto mere Chirurgeons are subject Then a grave and reverend Knight an Alderman of the Bench replyed That he took the words in the Act of Parliament for the Chirurgeons viz. bearing of Arms were to free their persons and not to exempt them from the charge of the service Whereunto Sir William Paddy answered under his favour and the Judgment of the Bench and Mr. Recorder that the difference between bearing and wearing of Armour was such that the very Etymon of the word bearing as in many other cases comprehended both and therefore should give immunity from both And therewithall Sir William Paddy added this Reason that by the wisedom of the Land it must needs be intended Physicians of the College should be exempted from this and other like services for that in the time of all outward War or domestick they or some of them do attend the Armies in person whereof he there exhibited a Catalogue of divers he had from the Register And now may it please you my Lord Mayor and this honourable Court we address our selves onely to you under whose government we are seated and with love we seek from you favourable construction for just relief which as in your worth you have always afforded to all so do we assure our selves you will dispense unto us who live best by your love and will ever be ready to do you service Then Mr. Recorder perusing every branch of the Statutes recited and the reasons urged and opening every part thereof at large did gravely and judicially conclude that the Acts of Parliament did surely intend to give to the College as much immunity as in any sort to the Chirurgeons Whereupon the Court desired to have a true Catalogue of the Fellows Candidates and Licentiates of the College in number then forty and one which Sir William Paddy and Dr. Lister from the Register did immediately deliver up unto them Which Catalogue the Court then upon this reason required lest others not of the College should delude them and so claim privilege Hereupon was ordered a dispensation for the College from bearing of Arms and immediately after a Precept was awarded by the Lord Mayor and Court to commit all other Physicians or Chirurgeons refusing to bear or find Arms who were not by the College allowed or Chirurgeons licensed according to form In the 13th the following Letter was sent to the President of the College concerning the death of the Lady Arabella To my very loving Friend the President of the College of Physicians in the City of London AFter my heartie commendations Whereas the Lady Aâ—â—bella is lately deceased in the Tower and that it is his Majestie 's pleasure according to former custome upon like occasions when persons of great quality do dye in that place her body should be viewed by persons of skill and trust and thereupon Certificate to be made of what disease she dyed as to their Judgment it
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
he petitioned that he might answer the College action without an arrest which was granted provided he would find Sureties to answer the College Suit if he were cast at Law Which being done and this Cause appointed to be heard at the King's Bench Bar 6 of the Fellows of the College were deputed to attend there and after this hearing Dr. Harvey the Treasurer and the 4 Censors were desired to take special care in the future management of the College's cause against Butler who had procured a protection from the Lord Chamberlain upon which account 4 of the Fellows were ordered by the President to wait upon his Lordship to take off his protection that the College might proceed in their Suit against him The Lord Chamberlain upon their application declared his readiness to comply with the College's request and ordered his Secretary to write the following reference against Butler The College of Physicians having represented that one George Butler under colour of being sworne an extraordinary Chirurgion to his Majestie doth take upon him to give Physick and practise Chirurgery without either skill or Licence to the apparent prejudice and endangering of the lives of his Majestie 's subjects and thereupon desired leave to take the ordinary course of Law to inhibite his practice and to prevent the danger which may ensue thereby I do hereby declare and publish unto all such as it may concerne that I have and do give free leave and liberty unto the said College to use all lawfull wayes and meanes accustomed in like cases either by arrest or otherwise for the suppressing and prohibiting of the said Butler's further practice in as free and ample manner as if the said Butler had never been sworne the King's servant Whitehall the 25th of November 1626. About 8 months after several fresh complaints of great mischief done by Butler in his practice were exhibited against him As particularly for giving a sleeping potion to one Patient who was sound dead in his sleep The wife of this man thus murthered applied her self to the Censors and desired that Mr. Butler might be punished for professing that which he did not understand which she pressed the more because she said such a man as he might kill many both Body and Soul every one being not so well prepared for death as her husband She desired a Certificate from the College concerning Mr. Butler and his ill practice After this Butler sent a Letter to the President and College which being read was rejected After this a servant of Butler's acquainted the Censors that while she dwelt with him a woman came to him for Cure who within 3 weeks died and was carried away secretly without tolling the Bell or any Minister being called Upon this information Butler endeavoured to imprison this servant using all arts to take her which occasioned her application to the College for their protection complaining of the many injuries she had received from Mr. Butler since her appearing against him Wherefore the President ordered the following Letter to be drawn up and presented to the Lord Chief Justice in her behalf MAy it please your Lordship to understand that the Petitioner on the 7th of Jan. last past came to our College voluntarily to complain of the evil practice of Mr. Butler as is in the petition specified since which time we are certainly informed that he hath laid heavy actions upon her and kept her in prison as is above specified We conceiving the chief grounds of his violent proceedings against her to have risen upon her complaint made to us In consideration of her misery We having noe power to relieve her doe presume humbly to intreat your Lordship to take such course as your Lordship in your wisdome shall think fit that she may obtain the benefit of her Petition After this Dr. Winston signified to the College that Butler sent a petition to him to be presented to the College which he refused Then Butler sent a Letter to the President after which it was agreed that if he paid in the money recovered and due to the College before the Term then the other Suits depending might be suspended if it pleased the President A Letter about this time in the behalf of Butler was brought from the Lord Chief Justice of the Common Pleas by Captain Butler directed to the President and Censors of the College the Contents of which are the following Mr. Doctor Argent I Am informed of a Judgment which is obtained against Mr. Butler at your Suit and the rest of the College of Physicians for 60 l. which I find him very willing and ready to satisfie so far forth as his ability will give leave for the present He will pay half the money in hand and the next some time the next Terme which I conceive is no ill payment his estate considered Therefore I desire you and the rest of your College to take him thus far into your consideration And what you do herein I shall take as done in respect of me who am intreated to write in his favour by some whom I am willing to satisfy in this request appearing to me to be but reasonable and little hurtfull to your selves But to animate him of any other against your Government I neither do nor ever will write Your very assured loving friend Ro. Heath Julii 1. 1633. Captain Butler promised that on Friday 36 l. of the money due from Butler should be paid and desired time till the next Term for the payment of the rest The College took time to consider for a few days and then promised him their answer Upon the Friday aforementioned according to promise Captain Butler brought 36 l. from Mr. Butler to whom by Mr. President 's appointment was given the following note It was ordered by Mr. President and Censors the 5th of July 1633. that Mr. George Butler having sent in 36 l. in part of Payment of the 66 l. due to the College by a judgment given against him in the King's Bench in Easter Term in the 7th year of his Majestie K. Charles 1. his Reign at the request of the Lord Chief justice of the Common Pleas should have time given him for the payment of the other 30 l. till the 20th of November next ensuing and in the mean time all prosecution upon the foresaid judgment should surcease Mrs. Bendwell was complained of by Thomas Audley for undertaking his cure in 3 days though in a Hectick Fever she telling him that she had cured those whom the Doctours had left and could not cure She gave him a Purging drink that wrought day and night and brought him to exceeding weakness He said that about the same time she gave his Laundress physick of whom she had Linen to pawn which she was warned to bring in Complaint was likewise made against her by a man and his wife who had bargain'd with her for a cure and had pawned a dozen of Napkins to raise money for her payment c. She
was fined by the Censors 40 s. and a Warrant was making out for her commitment to prison But being a miserable old woman and submissive the Warrant was stopp'd After this a fresh complaint was made against her that for pain in the Head and Stomach she gave drinks and had Linen in pawn She confessed her Diet-drink of Liquorish Senna and Coloquintida accounting 16 drachms for one ounce She was commanded by the Censors to restore the Linen that night to the College Beadle and ordered a small fine and prohibited all practice Thomas Greenwood Surgeon was accused by one William Adams that for the grief of a little skin rubb'd off with his saddle in riding he promised cure in 4 days but physick'd him a fortnight gave him diet-drinks purged and over heated him and now sued him for 20 l. for the cure Being asked what his disease was he replied Morbus Gallico The Censors order's his imprisonment and a mulct of 5 l. to be inflicted upon him Christopher Beane a prisoner 7 years for Debt in the King's Bench was charged for giving Physick to one Mr. Sparkes who as Beane said had a Rheum and sharp humour running from his Head to his Legs which came by an obstruction of the Liver with an ascent to the Head and thence down for which he fomented anointed and purged He was told of applying of clouts which he said wrought by natural means likewise using the Adamant to which he used no words but said it was both attractive and repulsant the one over draws the other draws back North draws and South drives back This he said he did to drive back the humours which it will disperse that is drive back He being poor and already a prisoner was fined but 40 s. order'd to be kept in prison by the Censors and prohibited all practice In the 15th year of this King's Reign the following Petition was presented to his Majesty for the obtaining a Patent for the cure of Ruptures To the King 's most Excellent Majesty The humble Petition of Robert Pawlet and Ralphkewe MOst humbly shewing that your Majestie 's poore suppliants have by their long travail experience and practice in Physick and Chirurgery attained unto a rare secret for the curing of Ruptures in people of all ages without any paine or administration of Physick but onely with outward application and inward Cordials and being willing to participate the benefit thereof to the glory of God and comcomfort of your Majestie 's subjects soe diseased throughout your Highnesse's Dominions We doe most humbly intreat your Majestie 's gracious Letters Patents during our lives freely to practise the same by our selves or sufficient Deputies without the lett or hindrance of any whatsoever And that it may appeare that we have noe intent to abuse your Majestie 's Grant or wrong your Subjects we do freely offer that it shall be conteyned in your Majestie 's Letters Patents that no party so grieved shall pay for his cure untill he be perfectly cured and that all such as are poore and unable to pay shall be cured freely without paying any thing And we shall according to our bounden dutyes ever pray to God for your Majestie 's long and prosperous Reigne At the Court at Theobalds 25 Febr. 1617. His Majestie 's pleasure is that the President of the College of Physicians in London shall take consideration of this Petition and certifie his Majestie in what manner it is meet for his Highness to grant the Petitioners request Sidney Montague The College returned the following answer THe President and College of Physicians of London the 20th of this present March being assembled together to consider of the Petition referred unto them by his Majestie finding the effect thereof to be a Royall Patent to be granted for the Practising of a Secret in Ruptures and suspecting all secret practices which for the most part are but colours and shadowes for ignorance and falshood and because there are many sorts of Ruptures and of diverse causes not all curable by one Medicine They doe humbly pray his Majestie that the said petitioners may come to the said President and College and before them make manifest by reasons and experience the truth of the said remedyes and they will upon true knowlege had thereof informe his Majestie of the certainty and truth thereof leaving all to his Majestie 's most Royal consideration Henry Atkins President of the College of the Physicians of London Iohn Lambe a bold Empirick was complained of for demanding 40 or 50 l. for his Cures as lately of Mr. Pickering in Cheapside who died in his hands Mr. Evans gave in the following account against him and in these very words The persons to whom Lambe a notable Mountebank and Impostor gave Physick and got great sums of money thereby this last year are Mr. Springham a Mercer Mrs. Springham Mrs. Puckle Mrs. Cutts Mr. Mosse a Lawyer Mrs. Newport Mrs. Littleton Mr. Wilson the Keeper of Newgate A Gentle-woman whom he undertook to cure and took a great sum before-hand and did her no good He also cheated one Parry of 6 l. by shewing him delusions He cheated one Mr. Peny of 40 s. by shewing him tricks in a Crystal He cheated one Mrs. Littleton of 3 l. 10 s. by making her believe he shewed her what husband she should have He gave Physick to one Mrs. Palmer and undertook to cure her for 40 Marks whereof he had half in hand but the woman died and he cousened her He now gives Physick to one Mr. Tristram of whom he hath received 40 l. to cure him He gave Physick to the Countess of Exceter and by means of delusions in a Crystal insinuates himself into Ladies esteem and conceits On Saturday last he got 50 l. for undertaking a cure The Censors ordered Lambe to be summoned and Evans was required to prove the forementioned accusations against him After this Lambe procures the following Letter in his behalf from the Bishop of Durham To the Right Worshipfull my very loving friends the President and the rest of the College of Physicians of London WHereas the bearer Ioh. Lambe in some examinations of his taken by us hath professed that he maketh a poor living by practice in Physick and Chirurgery whereto by his long experience and practice he holdeth himself sufficient affirming that he hath done many and great cures in each kind His Majestie being herewith acquainted hath commanded me to send him to you that upon the conference with him you may both deliver you opinions of his fitnesse as also take such further course with him according to your opinions of his worth as appertaineth to the care and trust of the welfare of his Majestie 's Subjects inhabiting in and about the City of London by Law committed unto you So I commit you to God and rest Your very loving friend B. Duresme Durham house Dec. 1627. This Lambe was very famous throughout the Town being admired for his great skill in the