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
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
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
Urbe quaqua versus publice exercerent instituerit incorporaverit eos in Corpus corporatum Politicum per nomen President ' Collegii seu Communitat ' facultatis medicine Londini concesserit eidem Presidenti Collegii sive Communitatis predicte successoribus suis diversas libertates privilegia QUAS Litteras Patentes ac omnia in eis contenta idem Pater noster non solum per Senatus consultum seu Parliamentum suum tentum Annis quartodecimo quintodecimo regni sui confirmavit Sed eciam per idem statutum in multis adauxit amplificavit QUODQUIDEM pium institutum dicti Patris nostri quandoquidem in rei publice commoditatem cessit manifestam in majorem indies cessurum verosimile sit si nos quod rem medicam profitentibus maxime necessarium est concesserimus predictis Presidenti Collegii sive Communitati predicte successoribus suis imperpetuum quotannis quedam humana corpora ad anatomizandum ut informamur Sciatis quod nos non modo preclaram institutionem dicti Patris nostri merito recolentes verum eciam regii officii nostri munus arbitrantes regiminis nostri Subditorum incolumitati saluti securitati quantum in nobis est providere de gratia nostra speciali ac ex certa sciencia mero motu nostris concessimus ac per presentes pro nobis heredibus successoribus nostris concedimus prefato Presidenti Collegii sive Communitati facultatis medicine Londini predict ' successoribus suis sive eorum assignatis quod habeant accipiant annuatim Temporibus futuris imperpetuum una vice vel diversis Anni vicibus ad discrecionem voluntatem libertatem predict ' Presidentis pro tempore existen ' successorum suorum Unum duo tria vel quatuor corpora humana ad discindend ' anatomizand ' quod jure publico hujus regni furti homicidii vel cujuscumque felonie condemnatum mortuum fuerit vel que jure publico hujus regni furti homicidii vel cujuscumque felonie condemnat ' mort ' fuerint infra Comitatum Midd ' vel infra Civitatem London ' predictam vel alibi ubicumque infra sedecim miliaria predict ' Civitatis prox ' in quocumque Comitatu sine impedimento nostri heredum vel successorum nostrorum aut Vicecomitum Ballivorum Servient ' ad clavam seu aliorum Officiariorum aut Subditorum nostrorum quorumcunque sive eorum alicujus ET QUOD licebit eidem Presidenti Collegii Communitati predict ' successoribus suis aliis quibuscumque eorum assignatis medicine professoribus seu expertis eadem corpora secare dividere aliter pro voluntate judicio suo cum ea reverencia que humane carni debetur tractare ad incrementum cognicionis medicine experimentum ejusdem ad salutem ligeorum nostrorum sine contradictione alicujus ET hoc absque ulla pecuniarum summa vel ullis pecuniarum summis pro eisdem reddend ' seu cuicumque solvend ' PROVISO semper quod cum hujusmodi anatomia de tempore in tempus transacta perfecta fuerit predicta corpora sumptibus ipsorum Presidentis successorum suorum debitis exequiis sepulture committantur EO QUOD expressa mencio de vero valore Annuo aut de aliquo alio valore vel certitudine premissorum sive eorum alicujus Aut de aliis donis sive concessionibus per nos vel per aliquem progenitorum nostrorum prefatis Presidenti Collegii sive Communitati facultatis medicine Londini ante hec tempora factis in presentibus minime fact ' existit Aut aliquo Statuto Actu ordinatione proclamatione provisione sive restrictione inde in contrarium habit ' fact ' edit ' ordinat ' sive provis Aut aliqua alia re causa vel materia quacumque in aliquo non obstante IN CUJUS rei testimonium has litteras nostras fieri fecimus Patentes TESTE me ipsa apud Westmonasterium vicesimo quarto die Februarii Anno regni nostri Septimo Per breve de privato Sigillo c. Nailour A Royall Charter granted to the Colledge of Physicians 8 Octob. 15 Jac. JAMES by the grace of God King of England Scotland France and Ireland defendor of the faith c. To all to whom these Presents shall come greeting WHEREAS our most noble and renowned Predecessor King Henry the Eighth late King of this our Realme of England in his Princely wisdome deepely considering and by the example of foreign well governed States and Kingdomes truly understanding how profitable beneficial and acceptable it would be unto the whole bodie of this Kingdome of England to restraine and suppresse the excessive number of such as daily professed themselves learned and profound practisers in the facultie of Physicke whereas in truth they were men illiterate and unexperienced rather propounding unto themselves their private gaine with the detryment of this Kingdome than to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilfull practisers those that were learned grave and profound practisers in that facultie should receive more bountifull reward and alsoe the industrious Students of that profession would be the better encouraged in their studies and endeavours For these and many other weightie motives causes and considerations our Royall and Princely Predecessor King Henry the Eighth by his Letters Patents bearing date at Westminster the three and twentieth day of September in the Tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establish a Colledge Comminaltie or Incorporation of Physicians in the Citie and Suburbes of London and for seaven miles every waye in distance from the same to be remaine and have existence for ever And by the same Letters Patents our foresaid noble Predecessor did further give and graunt unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound Practisers in the said facultie of Physick in the foresaid Citie of London that they and all of the said facultie of Physick of and in the foresaid Citie of London should for ever from thenceforth be in name and deed one Bodie Comminaltie and Colledge And further by the said Letters Patents did give and graunt unto the said Colledge and Comminaltie full power abilitie and authoritie for ever annually to elect and make one of the said Colledge or Comminalty to be President of the said Colledge Corporation and Comminaltie And that the said President soe elected and made and the said Colledge and Comminaltie should have perpetuall succession and a Common Seal for the behoofe and benefitt of the said President Colledge and Comminaltie and their Successors for ever And also by the said Letters Patents did further give and graunt unto the said President Colledge and Comminaltie and their
AND further of our like especiall grace certaine knowledge and meere motion Wee will and for us our heires and successors doe promise and graunt to and with the said President and Colledge or Comminaltie and their Successors by these presents That at the next Parliament or Session of Parliament of us our heires or successors to be holden within this our Realme of England Wee our heires or successors will give and graunt our roiall and free assent and consente to any Act Bill or Petition by the said President and Colledge or Comminaltie or their Successors or any of them in the same Parliament or Session of Parliament to be exhibited or preferred and by the Lords Spirituall and Temporall and the Comminaltie of the said Parliament to be approved and assented unto for the better enabling authorizing and investing of the said President or Colledge and Comminaltie and their Successors to and with the severall graunts powers priviledges authorities exemptions immunities and other matters and things in these presents to them given graunted and confirmed or intended to be to them given graunted or confirmed according to our gratious intent and meaning heerein before specified and expressed AND further Wee will and by these presents for us our heires and successors doe graunt unto the said President and Colledge or Comminaltie and their Successors That these our Letters Patents and all and singular the guifts graunts authorities powers priviledges and immunities and other things therein conteyned shal be good firme avayleable and effectuall in the Lawe to the intents and purposes aforesaid and shall be in all and every our Courts of Record and elsewhere had taken construed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President and Colledge or Comminaltie and their Successors Any Statute Act Ordinance Custome Vsage Guift Graunt or any other matter or thing heretofore had made used ordayned or provided to the contrary in any wise notwithstanding NEVERTHELESS Wee will and our intent and meaning is That the said President and Colledge or Comminaltie and their Successors shall answere and paie to us our heires and successors for and in respect of the fines amerciaments penaltyes forfeytures and summes of money herein before mentioned and by these Presents to them graunted as aforesaid the yearely rent of sixe pounds of lawfull money of England at the receipt of our Exchequer at Westminster at the feasts of the Annunciation of the blessed Virgin Marie and St. Michaell the Archangell by even and equall portions Any thing herein conteyned to the contrary notwithstanding Although expresse mention of the true yearely value or certainty of the premises or any of them or of any other guifts or graunts by us or any of our Progenitors or Predecessors to the foresaid President and Colledge or Comminaltie heretofore made in these presents is not made Or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordayned or provided Or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding IN WITNESS whereof Wee have caused these our Letters to be made Patents WITNESS our selfe at Westminster the eighth daie of October in the fifteenth yeare of our raigne of England France and Ireland and of Scotland the one and fiftieth Per breve de privato Sigillo Young Irr. in Memorand ' Scaccarii de anno octavo Regis nostri Caroli viz. inter Record ' de Termino Sancti Michaelis Ro. ex parte Rememorat ' dicti Domini Regis A Royall Charter granted to the Colledge of Physicians in London 26 Martii 15 Car. 2. CHARLES THE SECOND by the grace of God King of England Scotland Fraunce and Ireland defender of the faith c. To all to whom theise presents shall come greeting WHEREAS our most noble and renowned Predecessor King Henry the eighth late King of this our Realme of England in his princely wisdom deepely considering and by the example of forreigne well governed States and Kingdomes truly understanding how profitable beneficiall and acceptable it would be unto the whole Bodie of this Kingdome of England to restrayne and suppresse all such persons as would take upon themselves to be practisers in the facultie of Physicke being illiterate and altogether unskilfull in that facultie rather propounding unto themselves theire private gaine with the detriment of his Majesties subjects than to give relief in time of necessity And likewise duely considering that by the rejecting of those illiterate and unskilfull practizers those that were learned grave and profound practisers in that facultie And alsoe the industrious Students of that profession would bee the better incouraged and inabled in theire studies and endeavours For which and many other weightie motives causes and considerations our said Royall and Princely Predecessor King Henry the eighth by his Letters Patents bearing date at Westminster the three and twentieth day of September in the tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establishe a Colledge Comonaltie or Incorporation of Physitians in the Cittie and Suburbs of London and for seaven miles every way in distanee from the same to bee remayne and have existence for ever And by the same Letters Patents our aforesaid noble Predecessor did further give and graunt unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said facultie of Physick in the aforesaid Cittie of London that they and all of the said facultie of Physick of and in the aforesaid Cittie of London should for ever from thenceforth bee in name and deed One body Comonaltie and Colledge AND further by the same Letters Patents did give and graunt unto the said Colledge and Comonaltie full power abilitie and authoritie for ever annually to elect and make one of the said Colledge or Comonaltie to bee President of the said Colledge Corporation and Comonaltie And that the same President soe elected and made and the said Colledge and Comonaltie should have perpetuall succession and a Common Seale for the behoofe and benefitt of the said President Colledge and Comonaltie and their Successors for ever And alsoe by the said Letters Patents did further give and graunt unto the said President Colledge and Comonaltie and their Successors divers and sundry other liberties priviledges immunities power abilitie and authoritie not onely to and for the benefitt advantage and comodity of the aforesaid President Colledge and Comonaltie and theire Successors but alsoe for the more certaine and easier discovery speedy restraint and certaine repressing of the before mentioned unskilfull and illiterate practizers in the facultie of Physick aforesaid as by the same Letters Patents remayneing of Record amongst other things therein conteyned more plainely and fully it doth and may appeare WHICH said Letters Patents and all and every
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
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
College of Physicians who Anno 1680. was summoned to appear before the Lieutenancy of London for not bearing and providing Arms. Upon which Summons attending with the Patent of 15 Car. Secundi Regis nunc The Lieutenancy upon a long debate of this matter desired him to leave a Copy of that part of the Patent which exempted the Members of the said College from bearing and providing of Arms and they would advise with their Councell thereupon ordering the Dr. to attend them their next Committee day in which they promised to give him their positive resolution Accordingly he attended and they told him that they were satisfied that the words of the Patent were sufficient to exempt the Members of the College from bearing and providing Arms and desired that a List of them might be given in under the College Seal which was accordingly done The Opinion of Sir Francis Pemberton late Lord Chief Justice of the Common Pleas as to the College's finding Arms given under his hand April 1680. Quest Whether the King may not excuse the College from finding Arms by virtue of his Letters Patent granted after an Act of Parliament which requires all persons to find Arms without exception Ans I conceive his Majesty may by his Patent excuse the College from finding Arms if he think sit The Opinions of Sir Edmund Saunders late Lord Chief Justice of England and Mr. Holt given under their hands upon the same account An. Dom. 1682. Quest Whether the general clause of Non obstante in the King's Letters Patent concerning the College of Physicians expressed in these words And we will and by these presents for Vs Our Heirs and Successors do give and grant unto the said President Fellows and Commonalty of the King's College of Physicians and their Successors that all and every Physician and Physicians that now is or are or that hereafter shall be elected admitted and made a member of the same College shall from time to time be wholly and absolutely fréed exempt and discharged of and from bearing and providing Arms within our Cities of London or Westminster or either of them or any of the Suburbs or Liberties of the same Cities or either of them or within 7 miles compass thereof Any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding doth operate upon the Acts of Parliament of the 13 14 and 15. years of his now Majestie 's Reign for regulating the Militia and thereby exempt the Members thereof from bearing or providing Arms according to the purport of the said Acts they being not by name mentioned in the said clause of Non Obstante Sir Edmund Saunders his Opinion The Patent doth discharge the Physicians from bearing or providing of Arms notwithstanding the Militia Act. Mr. Holt his Opinion I conceive by the Patent all the Members of the College are exempted from being at any charge to wards the Militia FINIS AN HISTORICAL ACCOVNT OF THE COLLEGE'S Proceedings AGAINST EMPIRICKS AND Unlicensed Practisers c. In every Prince's Reign from their first Incorporation to the Murther of the Royal Martyr King Charles the First By CHARLES GOODALL Dr. in Physick and Fellow of the said College of Physicians LONDON Printed by M. Flesher for Walter Kettilby at the Bishop's Head in St. Paul's Church-Yard 1684. TO THE RIGHT WORSHIPFULL Dr. Whistler PRESIDENT The Censors and Fellows of the College of Physicians in London 'T Is now about 165 years since your College was first founded by Royal Authority The causes which moved the renowned Princes King Henry 8. Q. Mary Q. Elizabeth King James and our present Sovereign whom God long preserve to stamp such eminent characters and signal marks of their Royal favour and bounty upon you cannot be unknown to those who have read over the Acts of Parliament passed in two Princes Reigns with the Charters granted by others and Printed in this Book In which you may find it thus expressed That they out of their Princely wisedom deeply considering and by the example of Foreign well-governed States and Kingdoms truly understanding how profitable beneficial and acceptable it would be unto the whole body of this Kingdom of England to restrain and suppress the excessive number of such as daily professed themselves learned and profound Practisers in the faculty of Physick Whereas in truth they were men illiterate and unexperienced rather propounding unto themselves their private gain with the detriment of this Kingdom than to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilfull practisers those that were learned grave and profound practisers in that faculty should receive more bountifull reward and also the industrious Students of that profession would be the better encouraged in their studies and endeavours c. Vpon these and many other weighty Motives causes and considerations recited at large in the forementioned Acts and Charters did our Kings and Queens of England erect found and establish a College Commonalty or Incorporation of Physicians in the City and Suburbs of London and for 7 miles every way in distance from the same to be remain and have existence for ever Now much honoured Collegues How far you have answered the great and noble ends of these Princely favours and Royal Grants will fully appear in this book I mean as to the primary cause of your Incorporation viz. The restraining and suppressing illiterate unexperienced and unlicensed practisers As to the Second viz. How far you and your predecessors have answered the Character of learned grave and profound practisers in the faculty of Physick will in some measure appear in this Epistle wherein I have endeavoured to give a true though brief account of several memorable passages relating to the Lives and Works of some of the eminent Physicians of this College This is a work I must confess more fit for a large Volume than an Epistle a work which I hope in due time may be attempted by a more able and elegant pen than I can pretend to and that because I know there want not good materials to encourage such an honourable and worthy undertaking several Authours having already written somewhat memorable of the Worthies of this our Royal College our own Annals acquainting us with much more and the learned Dr. Hamey having left behind him in a Manuscript of his own writing the lives of above 50 of them Some of which were highly valued for their knowledge in the learned Languages others for being general Scholars polite Latinists accurate Grecians eloquent Oratours great Antiquaries and deep Philosophers Others for the improvement of their own faculty in the Theoretick and Practick Anatomick and Spagirick parts thereof that they were and are no less valued and esteemed in other Countries than in their own having by their matchless and most incomparable works not onely merited but obtained the name of immortal Some are admired and read in foreign Vniversities as Hippocrates and Galen
LIbrum hunc cui Titulus The Royal College of Physicians of London founded and established by Law c. dignum censemus qui typis mandetur D. Whistler Praeses Tho. Witherley Johan Atfield Edvardus Browne Tho. Alvey Censores THE Royal College OF PHYSICIANS OF LONDON Founded and Established by Law As appears By Letters Patents Acts of Parliament adjudged Cases c. AND An Historical Account of the College's proceedings against Empiricks and unlicensed Practisers in every Princes Reign from their first Incorporation to the Murther of the Royal Martyr King Charles the First By CHARLES GOODALL Dr. in Physick and Fellow of the said College of Physicians LONDON Printed by M. Flesher for Walter Kettilby at the Bishop's Head in St. Paul's Church-Yard 1684. To the Right Honourable FRANCIS LORD GVILFORD Lord Keeper of the Great Seal of England and one of his Majestie 's Most honourable Privy Council My Lord 'T Is now no less than seven years since I adventured the prefixing of your Lordship's name to a Book written in defence of the College of Physicians against a bold and impudent Libell published with design to expose that Learned Society to contempt Since which time I have not onely had the honour of being made one of their Members but have been entrusted with the search of their Records and received encouragement to publish a Collection of their Royal Patents Acts of Parliament Trials with and proceedings against Empiricks that so the Adversaries of this Society might be convinced of the reason and Justice of their actings against those illiterate and vile Impostors whose practice by Act of Parliament is declared to be To the high displeasure of God great infamy to the faculty and destruction of many of the King's Liege people Your Lordship knows very well the grounds which first moved that noble and renowned King Henry 8. in the tenth year of his Reign to constitute this Royal foundation whose Princely wisedom herein was highly approved by Act of Parliament in the 14 15. years of his Reign in which the King's Letters Patents and all and every Graunt Article and other thing contained and specified therein were approved graunted ratified and confirmed About seventeen years after a second Act of Parliament was granted to this Society by the same King of glorious memory for enlarging of their Privileges with the addition of many new ones In the first of Q. Mary being but 29 or 30 years from the 14 15 H. 8. a third Act of Parliament was made in confirmation of the forementioned Statute and many more privileges of great moment were added to the former Queen Elizabeth and King James of ever glorious memory and his Sacred Majesty now Reigning whom God long preserve from all traiterous Associations and Conspiracies of bloud-thirsty and malicious men have by their several Royal Patents granted them farther Liberties Powers and Privileges by reason of the great increase of unskilfull illiterate and unlicensed practisers of Physick in London and within 7 Miles thereof who now my Lord are arrived to that height of impudence not onely in their publick writings but even in the King's Courts of Judicature that they dare adventure to question the Authority of an Act of Parliament though owned as such by those Royal Testimonies already named by the Chief Justices and Judges of the King's Bench and Common Pleas such as Popham Coke Fleming Foster Walmesly Warburton Daniel Williams Tanfield Crook Littleton c. in their several Books of Reports and in their resolutions of several questions relating to the College of Physicians wherein they gave their opinions by an order from K. James directed to the Right honourable Thomas Lord Ellesmere Lord Chancellour of England which opinions are inserted in this book c. by its being printed in several Statute books and Abridgments of the same which were published even in that King's Reign in which they were enacted by Robert Redman Thomas Berthelet Wyllyam Mydylton Thomas Petyt and Thomas Powel Printers to his Most Excellent Majesty and since in all the Statute books and Abridgments that have been Printed to this time Nay more than this In the Rolls Chapel and in the Journal books formerly collected by that famous Antiquary Sir Robert Cotton and preserved by Sir John in his Father's Library and in the Journal books of the Right honourable the Earl of Clarendon which I had the honour to look over I find 36 Acts of Parliament passed in that Session of 14 15 Hen. 8. At the end of the twenty fourth this is inserted Item diverse communes petitiones rem publicam concernentes exhibite erant dicto Domino Regi in Parliamento predicto cum suis responsionibus quarum tenores sequuntur sunt tales Amongst which upon the same Roll the 33th is an Act concerning Physicians and after the 36th is entred the King's Commission to Cardinal Wolsey Printed p. 12. of this book which finisheth that Roll of Parliament In which it is thus expressed Reverendissimus Dominus Legatus Cancellarius Acta omnia in presenti Parliamento pro bono publico edita facta ex mandato Domini Regis recitari publicari jussit Quibus ex ordine per inicia recitatis lectis singulis per Clericum Parliamenti responsione secundum annotationes Regie voluntatis declarativas à dorso scriptas facta c. Add to this that excellent and learned account given by the Lord Chief Justice Hales why the Royal Signature might not be entred by the Clerk of Parliament in his transcript of the Original Rolls under this Act of Parliament and nine others passed in that Session in a late Judgment given against Huybert As likewise the testimony of the Lord Herbert of Cherbury in his excellent book of the Life and Reign of King Henry 8. drawn out of his Majestie 's Records In which he acquaints us with the more famous Statutes enacted in the Parliament of 14 15 Henry 8. amongst which we find this relating to the College of Physicians Now my Lord from these Authorities and many others of the like kind We should be in some hopes that these men being formerly driven from their old plea of 34 35 of Hen. 8. c. 8. An Act made against Surgeons for their unconscionable dealing with their Patients and for giving liberty to all such who practise for Piety and Charity without taking money or gain as appears by a Judgment given against Butler p. 258 and from this their late Plea of Nul tiel Record that our profession might flourish and that as King James hath expressed it in his Royal Patent by rejecting such illiterate and unskilfull Practisers those that were Learned Grave and Profound Practisers in that Faculty should receive more bountifull reward and also the industrious Students of that profession would be the better encouraged in their Studies and endeavours But that we have to deal with a sort of men not of Academical but Mechanick education who being
they nor none other for them to his or their use shall occupy any Surgery letting of bloud or any other thing belonging to Surgery drawing of téeth onely except And furthermore in like manner whosoever that useth the Mystery or Craft of Surgery within the circuit aforesaid as long as he shall fortune to use the said Mystery or Craft of Surgery shall in no wise occupy nor exercise the Feat or Craft of Barbery or Shaving neither by himself nor by none other for him to his or their use And moreover that all manner of Persons using Surgery for the time being as well Fréemen as Foreigns Aliens and Strangers within the said City of London the Suburbs thereof and one mile compass of the same City of London before the Feast of St. Michael the Archangel next coming shall have an open Sign on the Stréet side where they shall fortune to dwell that all the King's liege people there passing by may know at all times whither to resort for their remedies in time of necessity 4. And further be it enacted by the authority aforesaid That no manner of person after the said feast of St. Michael the Archangel next coming presume to kéep any Shop of Barbery or Shaving within the City of London except he be a fréeman of the same Corporation and Company 5. And furthermore at such times as have béen heretofore accustomed there shall be chosen by the same Company four Masters or Governours of the same Corporation or Company of the which four two of them shall be expert in Surgery and the other two in Barbery Which four Masters and every of them shall have full power and authority from time to time during their said office to have the oversight search punishment and correction of all such defaults and inconveniencies as shall be found among the said Company using Barbery or Surgery as well of Fréemen as Foreigns Aliens and Strangers within the City of London and the circuits aforesaid after their said discretions And if any person or persons using any Barbery or Surgery at any time hereafter offend in any of these Articles aforesaid then for every month the said Persons so offending shall lose forfeit and pay five pounds the one moiety thereof to the King our Sovereign Lord and the other moiety to any person that will or shall sue therefore by action of debt bill plaint or information in any the King's Courts wherein no Wager of Law Essoin or Protection shall be admitted or allowed in the same 6. Provided that the Barbers and Surgeons and every of them shall bear and pay lot and scot and such other charges as they and their predecessors have béen accustomed to pay within the said City of London This Act nor any thing therein contained to the contrary hereof in any wise notwithstanding 7. Provided alway and be it enacted by Authority aforesaid That it shall be lawfull to any of the King's subjects not being Barber or Surgeon to retain have and kéep in his house as his servant any person being a Barber or Surgeon which shall and may use and exercise those arts and faculties of Barbery or Surgery or either of them in his Master's house or elsewhere by his Master's licence or commandment Any thing in this Act above-written to the contrary notwithstanding 34 35 H. 8. C. 8. A Bill that persons being no common Surgeons may minister Medicines notwithstanding the Statute WHERE in the Parliament holden at Westminster in the third yeare of the King 's most gracious Reign amongst other things for the avoiding of Sorceries Witchcrafts and other inconveniencies it was enacted That no person within the City of London nor within seven miles of the same should take upon him to exercise and occupy as Physician or Surgeon except he be first examined approved and admitted by the Bishop of London and other under and upon certain pains and penalties in the same Act mentioned Sithence the making of which said Act the Company and Fellowship of Surgeons of London minding onely their owne lucres and nothing the profit or ease of the diseased or Patient have sued troubled and vexed divers honest persons as well men as women whom God hath endued with the knowledge of the nature kind and operation of certain Herbs Roots and Waters and the using and ministring of them to such as béen pained with customable diseases as Womens Breasts being sore a Pin and the Web in the Eye Vncomes of hands Scaldings Burnings Sore mouths the Stone Strangury Saucelim and Morphew and such other like diseases And yet the said persons have not taken any thing for their pains or cunning but have ministred the same to poor people onely for neighbourhood and God's sake and of pity and charity And it is now well known that the Surgeons admitted will do no Cure to any Person but where they shall know to be rewarded with a greater Sum or reward then the Cure extendeth unto for in case they would minister their cunning unto sore people unrewarded there should not so many rot and perish to death for lack of help of Surgery as dayly do but the greater part of Surgeons admitted béen much more to be blamed then those persons that they trouble 2. For although the most part of the persons of the said Craft of Surgeons have small cunning yet they will take great sums of money and do little therefore and by reason thereof they do oftentimes impair and hurt their Patients rather then do them good In consideration whereof and for the ease comfort succour help relief and health of the King 's poor Subjects inhabitants of this his Realm now pained or diseased or that hereafter shall be pained or diseased 3. Be it ordained established and enacted by the authority of this present Parliament That at all time from henceforth it shall be lawfull to every person being the King 's subject having knowledge and experience of the nature of Herbs Roots and Waters or of the operation of the same by speculation or practice within any part of the Realm of England or within any other the King's dominions to practise use and minister in and to any outward sore uncome wound apostemations outward swelling or disease any herb or herbs oyntments baths pultes and emplaisters according to their cunning experience and knowledge in any of the diseases sores and maladies beforesaid and all other like to the same or drinks for the Stone and Strangury or Agues without suit vexation trouble penalty or loss of their goods the foresaid Statute in the foresaid third year of the King 's most gracious Reign or any other Act Ordinance or Statute to the contrary hereof made in any wise notwithstanding 1 Q. M. according to the Exemplification Sessio 2. C. 9. An Act touching the Corporation of the Physicians in London CAROLUS SECUNDUS Dei gratia Anglie Scotie Francie Hibernie Rex fidei defensor c. Omnibus
Successors divers and sundry other libertyes Priviledges Immunityes power abilitye and authority not onely to and for the benefitt advantage and commodity of the foresaid President Colledge and Commonaltie and their Successors but also for the more certaine and easyer discovery speedy restraint and certain repressing of the before mentioned unskilfull and illiterate Practisers in the said facultie of Physick as aforesaid As by the foresaid Letters Patents remayning of record amongst other thinges therein conteyned more plainely and fully it doth and may appeare Which said Letters Patents and all and every graunt article and other thing conteyned and specified in the same were by Act of Parliament made in the fourteenth yeare of the Raigne of our said noble Predecessor King Henry the eighth approved graunted ratified and confirmed and cleerely authorized and admitted by the same good lawfull and availeable to the said Bodie corporate and their 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 foresaid President Colledge and Corporation of Physicians as aforesaid And further by other severall Acts of Parliament divers and sundry other priviledges liberties ability power and authoritie are and were established ordayned given and graunted unto the said President Colledge and Corporation of Physicians and their Successors As by the said severall Acts of Parliament thereof made more fully and at large it doth and may appeare Sithence the making of which said Letters Patents and severall Acts of Parliament wee doe nevertheless daily finde that divers enormities and abuses not as yet sufficiently provided for and reformed doe abound and increase to the apparent damage of us and our loving Subjects of this our Realm of England by and through the unskilfulness fraud and deceipt of Physicians Apothecaries Druggists and such like and are likely much more to abound unless timely and festine remedie be by us provided and applyed for the curing of soe publique a disease KNOW ye therefore that we gratiously affecting soe pious and charitable a work and intending hereby a more full and perfect reformation of the said abuses grievances and enormities which these latter times have abundantly brought forth in this our Realme out of our princely disposition and care for the repressing thereof and of our special grace certaine knowledge and meere motion at the humble petition as well of our trustie and well-beloved Henry Atkins Doctor in Physick now President of the said Colledge and one of our Physicians Theodorus de Mayerne Doctor in Physicke one other of our Physicians Thomas Mondford and Edward Lister Doctors of Physick Fellows and Elects of the said Colledge as of other the Doctors of the said Colledge Have given graunted ratifyed approved allowed and confirmed and by these presents doe for us our heires and successors give graunt ratifie approve allowe and confirme unto the foresaid President and Colledge or Comminalty and their Successors the said Letters Patents of our said noble Predecessor King Henry the Eighth heerein before mentioned and every Article clause guift and graunt therein conteyned and not heerein altered for the honour peace and quiet of the said Colledge And that the said President and Colledge or Comminaltie and their Successors shall and may for ever hereafter have receive take reteyne keep use exercise and enjoy all and singular such rightes titles liberties priviledges immunities freedomes executions abilitye power authoritie and other things as by the said Letters Patents or by any Acts of Parliament are or were given graunted or confirmed or were thereby mentioned or intended to be given graunted or confirmed notwithstanding the not using misusing or abusing of the same And that the same Letters Patents and every Article and Clause theerein conteyned shal be adjudged taken and construed most benignely and favourably to and for the best benefitt avayle and advantage of the foresaid President and Colledge or Comminaltie or their Successors Any Ordinance Custome or usage to the contrary in any wise notwithstanding And whereas our said noble Predecessor by the foresaid Letters Patents amongst other things theerein conteyned hath given and graunted unto the foresaid President and Colledge or Comminalty and their Successors and thereby expressely appointed and provided that noe person whatsoever should exercise the said facultie of Physick within the foresaid Citie of London or within seaven miles in Circuit thereof unless the said person should first be admitted to doe the same by the foresaid President and Colledge or Comminaltie or their Successors by Letters Testimoniall of the said President and Colledge or Comminaltie sealed with their Common Seal upon paine of forfeyting of five pounds for every moneth wherein the said person should exercise the said facultie being not admitted thereunto The one half thereof to be forfeyted and given to our said Predecessor his heires and successors the other half thereof to be forfeyted and given to the said President and Colledge or Comminaltie and their Successors as by the said Letters Patents maie appeare NOW KNOW yee that Wee in our Princely wisdome deepely considering how needfull it is and will bee that all and singular person and persons practising or exercising the said facultie of Physick contrarie to the intent and true meaning of the foresaid Letters Patents shal be duely and condignely punished And for the better encouragement of the foresaid President and Colledge or Comminaltie and their Successors to sue for the said penaltie of five pounds specified and mentioned by the said Letters Patents of our speciall grace certaine knowledge and meere motion have given and graunted and by these presents for us our heires and successors doe give and graunt unto the said President and Colledge or Comminaltie and their Successors full power and lawfull authoritie in the name of us our heires and successors or otherwise in their owne name by the name of the President and Colledge of the facultie of Physick within the Citie of London in any our Courts of Record or in any other place or places within this our Realme according to our Lawes to sue for recover and have execution of and for all and singular such peualties forfeytures summe and summes of money as now are or hereafter from time to time shall accrewe or growe due unto us our heires or successors or to them by force or virtue of the foresaid Letters Patents or any the said Statutes or any Clause or thing in them or in these presents conteyned other then the recognizance hereafter expressed or by reason or meanes of any Offence or Misdemeanor whatsoever committed perpetrated or done or hereafter to be committed perpetrated or done contrary to the intent and meaning thereof And after the same shal be duely recovered levied or received as aforesaid we will and by these presents for us our heires and successors doe give and graunt the same penalties forfeytures and summes of
and Constitutions soe as aforesaid to be made Wee will shal be observed and kept under the paines and penaltyes in the same to be lymited and conteyned Soe as the same Acts Statutes and Ordinances Imprisonments fines and amerciaments be not contrarie or repugnant to the Laws and Statutes of this our Realme of England And further Wee will and by these presents for us our heires and successors doe graunt to the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled together in their said Hall shall and maie nominate elect and appoint one honest and discreet person which shall be and be called the Register to the said Colledge who shall from time to time be attendant on the said President and Colledge or Comminaltie and their Successors at their Assemblies Courts Congregations or meetings and shall sett downe in writinge register and enter into a booke all such Rules Orders Statutes Decrees Acts Ordinances and other things as shall from time to time be had made done provided and ordayned by the said President and Colledge or Comminaltie and their Successors or the greater parte of them assembled together in their said Hall Which said Register soe to be named elected and made as aforesaid shal be and continue in the said office and place for and during the will and pleasure onely of the said President and Colledge or Comminaltie and their Successors or the greater parte of them whereof the President to be one The said Register first taking his corporall oath upon the Holy Evangelists before the said President and four Censors for the time being or any three of them whereof the President to be one for the doeing and performing of his true and faithfull service to them in the said office and place from time to time AND Wee doe likewise will and for us our heires and successors doe by these presents graunte unto the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled in their said Hall shall and may from time to time when and as often as to them shall seeme meete ordaine make constitute and appoint such and soe many other fitt and meete Officer or Officers Minister or Ministers as to the said President and Colledge or Comminaltie and their Successors or the greater parte of them shal be thought fitt and necessarie for their service and benefitt Vnto all and every which said Officers or Ministers it shal be lawfull to the said President and Colledge or Comminaltie and their Successors or to the Censors or any three of them assembled together in their said Hall to administer and give oathes upon the said Holy Evangelists for the due performance and erecution of his and their office and place And the same Register and all and every other Officer and Minister by them to be elected made constituted or appointed as aforesaid from time to time upon reasonable and just cause to remove expell and put out of his and their said offices and places and to elect and put others into his and their roomes and places when and as often as to the said President and Colledge or Comminaltie and their Successors or the greater parte of them shall seeme meete and convenient AND further Wee doe for us our heires and successors give and graunt unto the said President and Colledge or Comminaltie and their Successors that it shall and may be lawfull to and for the said President and four Censors for the time being or any three of them whereof the President to be one to cause such persons which shal be convented for any the offences aforesaid and shal be found offendors therein to become bound to us our heires or successors and to our use in one or more severall recognizaunces in such summe as they shall think fitt not exceeding the summe of one hundred poundes with conditions for restrayning them to offend any more in that behalf as to the President and four Censors or any three of them shall seeme meete And if such person shall refuse to become soe bound by such recognizance with such condition That then it shall and may be lawfull to and for the said President and four Censors or any three of them whereof the President to be one to commit such person to prison and him to deteyne in prison untill he shall become bound in such recognizance with such condition as aforesaid And Wee doe further of our especiall favour certaine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors speciall licence free and lawfull libertie power and authoritie to acquire purchase receive and take unto the said President and Colledge or Comminaltie and their Successors Mannors Lands Tenements Tithes Rents Reversions and Hereditaments of or from any person or persons whatsoever not exceeding in the whole the cleere yearely value of one hundred Marks of lawfull English money above all charges and reprises Soe as the same Mannors Lands Tenements Tithes Rents Reversions and Hereditaments by virtue hereof to be acquired and purchased be not holden of us our heires or successors immediately in Chief or by Knightes service or of any other person or persons by Knights service the Statute of Alienation in Mortmayne or any other Statute Law Ordinance or Provision to the contrary thereof in any wise notwithstanding AND Wee doe further give and graunt for us our heires and successors unto the foresaid President and Colledge or Comminaltie and their Successors that all and every Physitian and Physitians that now is or are or that hereafter shal be elected admitted and made a member of the foresaid Colledge or Comminaltie shall from time to time be wholly and absolutely freed exempted and discharged of and from providing and bearing of any Armour or other munition within our said Citie of London and the Liberties thereof or within seaven miles compasse as aforesaid Any Statute Act Ordinance Constitution or usage to the contrary in any wise notwithstanding AND Wee doe further for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors and by these presents declare and manifest our pleasure for ever to bee That the said President and Colledge or Comminaltie and their Successors shall and may have take receive use exercise and enjoy all and singular the guifts graunts liberties priviledges immunities freedomes benefitts advantages profitts commodities power abilitye and authoritye herein before mentioned or otherwise by any other former Letters Patents given graunted or confirmed unto the President and Colledge or Comminaltie or any of them without the lette hinderance interruption or disturbance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons whatsoever
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
10th of April within London against the form of the said Letters Patents and the said Acts exercebat artem Medicinae non admissus per Literas praed ' Praesidentis Collegii sigillo eorum communi sigillat ' ubi revera praed ' Tho. Bonham fuit minus sufficiens ad artem Medicinae exercend ' By force of which the said Thomas Bonham 30 April 1606. was summoned in London by the Censors or Governours of the College to appear before the President and Censors or Governours of the College aforesaid at the College c. the 14 day of April next following super praemissis examinand At which day the said Thomas Bonham came before the President and Censors and was examined by the Censors de scientia sua in facultate sua Medicinae administrand ' Et quia praed ' Thomas Bonham sic examinatus minus apte insufficienter in praed ' arte Medicinae respondebat inventus fuit super examinationem praed ' per praed ' Praesident ' Censores minus sufficiens inexpert ' ad artem Medicinae administrand ' ac pro eo quod praed ' Tho. Bonham multotiens ante examinatus interdictus per ipsum Praesident ' Censores de causis praed ' ad artem Medicinae administrand ' per unum mensem amplius post talem interdictionem facultatem illam in Lond ' praed ' sine licentia c. ideo adtunc ibid ' consideratum fuit per praed ' Praesident ' Censores quod praed ' Tho. Bonham pro inobedientia contempt ' suis praed ' amerciaretur to 5 li. in proximis Comitiis praed ' Praesident ' Collegio persolvend ' deinceps abstineret c. quousque inventus fuerit sufficiens c. sub poena conjiciendi in Carcerem si in praemissis delinqueret And that the said Tho. Bonham 20 Octob. 1606. within London did practise Physick and the same day he was summoned by the Censors to appear before the President and them the 22 of Octob. then next following at which day Bonham made default Ideo consideratum fuit per praed ' Censores That for his disobedience and contempt he should be amerced to 10 li. and that he should be arrested and committed to custody And afterwards the 7 Novemb. 1606. the said Tho. Bonham at their assembly came before the President and Censors and they asked him if he would satisfie the College for his disobedience and contempt and submit himself to be examined and obey the censure of the College who answered That he had practised Physick and would practise Physick within London asking no leave of the College and that he would not submit himself to the President and Censors and affirmed that the President and Censors had not any authority over those who were Doctors of the Vniversity For which cause the said 4 Censors sc Dr. Turner Dr. Moundforde Dr. Argent and Dr. Dun then being Censors or Governors pro offensis inobedientia praed ' adtunc ibid ' ordinaverunt decreverunt quod praed ' Tho. Bonham in Carcerem mandaretur ibid ' remansur ' quousque abinde per Praesident ' Censores seu gubernatores Collegii praed ' pro tempore existen ' deliberaretur And there then by their warrant in writing under their common Seal did commit the Plaintiff to the prison of the Counter in London c. without Bail or mainprize at the costs and charges of the said Thomas Bonham untill the said Thomas Bonham by the Warrant of the President and Censors of the said College or their Successors was delivered And Dr. Atkins then President and the Censors and Bowden and Taylor as their servants and by the commandment of the said President and Censors did carry the Plaintiff with the Warrant to the Gaol c. which is the same imprisonment The Plaintiff replied and said That by the said Act of 14 H. 8. it was further enacted And where that in the Dioceses of England out of London it is not like to find alway men able sufficiently to examine after the Statute such as shall be admitted to exercise Physick in them that it may be enacted in this present Parliament That no person from henceforth be suffered to exercise or practise Physick through England untill such time that he be examined at London by the said President and thrée of the said Elects and to have from them Letters Testimonial of their approving and examination Exeept he be a Graduate of Oxford or Cambridge which have accomplished all things for his form without grace And that the Plaintiff in the year of our Lord 1595. was a Graduate sc a Doctor in the Vniversity of Cambridge and had accomplished all things concerning his degrée for his form without grace by force whereof he had exercised and practised Physick within the City of London until the Defendants had imprisoned him c. upon which the Defendants did demur in Law And this case was often argued by the Sexjeants at Bar in diverse several Terms And now this Term the case was argued by the Iustices and the effect of their arguments who argued against the Plaintiff which was divided into thrée parts shall be first reported The first was whether a Doctor of Physick of the one Vniversity or the other be by the Letters Patents and by the body of the Act of 14 H. 8. restrained to practise Physick within the City of London c. The second was If the exception in the said Act of 14 H. 8. hath excepted him or not The third was That his imprisonment was lawfull for his said disobedience And as to the first they did rely upon the Letter of the 〈◊〉 ratified by the said Act of 14 H. 8. which is in the negative sc Nemo in dicta Civitate c. exercea◠dictam facultatem nisi ad hoc per praedict Praesidentem communitatem c. admissus sit c. And this proposition is a general negative and Generale dictum est generaliter intelligendum and nemo excludeth all and therefore a Doctor of the one Vniversity or the other is prohibited within this negative word Nemo And many cases were put where negative Statutes shall be taken strictè exclusivè which I do not think here necessary to recite Also they said that the Statute of 3 H. 8. cap. 11. which in effect is repealed by this Act of 14 H. 8. hath a special Proviso for the Vniversity of Cambridge and Oxford which being here left out doth declare the intention of the makers of the Act that they did intend to include them within this general Prohibition Nemo in dicta Civitate c. As to the Second point they strongly held that the said latter clause And where that in the Dioceses of England out of London c. this clause according to the words doth extend onely to places out of London and so much the rather because that they purview for London before
plead and be impleaded by the name of President onely and the Action shall be brought by that name by which the King enables them to bring their Action and to plead and to be impleaded as 11 H. 7. 27 28. is so that here is a good action and well grounded and by a good name And as to the Plea in Barr it is insufficient because he hath not pleaded according to the Statute For his plea ought to have béen applyed to the Statute for by the Statute the power there given is to administer to outward Sores or Diseases any Ointments Plasters c. and other like and this ought to be according to the skill and knowledge And here the Defendant saith that he had knowledge in the nature of Herbs Roots and Waters c. and did apply Oyntments Potions c. for the Stone c. and such other diseases and he ought to have said according to his knowledge in those diseases and not in other like c. 2. The Administration ought to have béen to outward Tumours c. and here outward is omitted and he hath pleaded generally whereby his plea goeth to the whole and so mistaken 3. Where potions may be applied to the Stone Strangury and Agues the Defendant hath pleaded Potions pro ulceribus morbis c. talibus consimilibus which is a more large Authority than the Statute limits And for these the plea is ill It is a rule that a plea ought to be issuable but this is not as it is pleaded for the Defendant here ought to have distinguished his plea and have justified in part as in applying outward Plasters c. to outward Diseases and Potions to Stone Strangury and Ague As to the Replication it hath béen objected that it is a departure To which I say that if any new matter be pleaded it is a departure but here is none For the Replication which supports and inforces the Declaration is by the Statute 1 Mariae and this could not have béen alledged in the Declaration and there was no reason to shew the Statute 1 Mariae untill the Statute of 34 H. 8. was pleaded by the Defendant And as to the matter in law that is how far the Statute of 34 H. 8. gave liberty against the Statute 14 H. 8. to what persons and for what things is the Question And upon consideration of all the law of 34 H. 8. we be of opinion that this Statute doth not reach neither in Words nor in Intent and meaning to give liberty to any person that practises or exercises for lucre and profit and it is apparent by the preamble and the Statute also that this was made principally against Chirurgeons which were covetous c. And therefore the Statute hath limited who should practise and for what diseases and the parties licensed thereby were those which were good honest people as old Women and such as would give neighbourly Physick for charity and piety and not such as look for gain thereby as Empiricks that do not doe any thing for piety and charity So that this Statute excludes all those that take any money or gain And this Statute which was intended against Surgeons in truth helps them for it gives to them liberty to give Pills and Potions as well as to apply outward Medicines to outward diseases and such construction shall be made And Surgery is onely that which is to be done with the hand c. And moreover we be of opinion that if this Statute of 34 H. 8. had abridged the Statute 14 H. 8. yet that the Statute of 1 Mariae hath setled all on foot again of 14 H. 8. in as large manner as it ever was before for it concludes any Act to the contrary notwithstanding And it was made to suppress unskilfull men But this Statute of 34 H. 8. and Dr. Langton's case Mich. 3 Jac. B. R. rot 438. versus Gardiner is express in this point yet there the plea was better than this is And yet after it had depended 3 years judgment was given against the Defendant With this he concluded and commanded Iudgment to be entred for the Plaintiff against the Defendant College of Physicians against Bugge In magno Rotulo de Anno xxiii Regis Caroli in Item Adhuc Item Item Res London PRaesidens Colleg ' Communitas Medicor ' Lond ' deb ' 27 li. 10 s. de medietate 55 li. versus Johannem Bugge de Parochia Ecclesiae Christi London recuperat ' per Judicium Cur ' quia exercuit facultatem Medicin ' ibidem per spatium xi mens integr ' non existen ' admiss ad exercend ' occupand ' dict' facultat ' medicin ' per Praesident ' Collegium seu Communitat ' facultat ' Medicin ' London literis sigillo suo communi sigillat ' contra formam Statuti in hujusmodi casu edit ' provis super ipsos onerat ' virtute Ordinis hujus Scacc ' Dat' tertio Julii Anno 15 Regis Caroli But the said sum of 27 li. 10 s. is allowed to the President and College of the faculty of Physick within the City of London by Letters Patents under the Great Seal of England bearing date the eighth day of October in the fifteenth year of the late King James of England and of Scotland the Fifty first and by Iudgment of the Barons of this Court of Publick Exchequer entred amongst the Records of Easter Term in the Seventh year of the Reign of the late King Charles in the Custody of the first Remembrancer there Roll the xxiiii And they are quitt Ex. by He. Croke Clerk of the Pipe D. Termino Sancti Michaelis anno regni Domini Caroli secundi nunc Regis Angliae c. xxvii rot 530. MEmorand ' quod die Sabbati prox ' posttres septimanas Sancti Michaelis isto eodem Termino coram domino Rege apud Westm ' ven ' Praesidens Collegium seu Communitas facultat ' Medicinae London qui tam pro domino Rege quà m pro seipsis sequuntur per Franc ' Scot Attorn ' suum protuler ' hic in Cur ' dicti domini Regis tunc ibidem quandam billam suam versus Adrianum Huybert alias Hybert in custod ' Marr ' c. de placito debiti Et sunt pleg ' de prosequend ' scilicet Johannes Doe Ricardus Roe Quae quidem billa sequitur in haec verba ss London ss Presidens Collegium seu Communitas facultat ' medicinae London qui tam pro domino Rege quam pro seipsis sequuntur queruntur de Adriano Huybert alias Hybert in custod ' Marr ' Maresc ' domini Regis coram ipso Rege existen ' de placito quòd reddat eidem domino Regi ac praefat ' Praesident ' Collegio seu Communitati qui tam c. centum libras legalis Monet ' Angl ' quas eis debet injuste detinet pro eo videlicet quòd cum Henricus Octavus nuper Rex Angliae per literas
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
of Aldermen charged the College with Arms whereupon they applied themselves to Queen Elizabeth and her Council upon which Secretary Walsingham wrote a Letter to the Lord Mayor and Aldermen of London that they should no more trouble the College but permit them to live quietly and free from that charge After this they met with no farther trouble or molestation till the Reign of K. James at which time the College being charged with Arms Sir William Paddy pleaded their Privilege before Sir Thomas Middleton Lord Mayor and a full Court of Aldermen and Sir Henry Mountague Recorder an account of which is at large Printed in this Book But the issue thereof was in short the following viz. That the Recorder then perusing every branch of the Statutes recited by Sir William Paddy with the reasons by him urged and opening every part thereof at large did conclude that the Act of Parliament did extend to give the College as much immunity as in any sort to the Chirurgeons Whereupon the Court desired a List of the Members of the College which was immediately given them and an Order entred for a dispensation to the College from bearing of Arms and also a Precept was then awarded by the Mayor and Court to commit all other Physicians or Surgeons refusing to bear or find Arms who were not of the College allowed or Chirurgeons licensed according to form About 3 years after this debate King James granted the College his Royal Charter wherein he confirms all former Statutes and Patents given them by his Royal Progenitors and therein granted To all and every Physician of the College to be wholly and absolutely free from providing or bearing of any Armour or other Munition c any Act or Statute to the contrary notwithstanding After this the College enjoyed this privilege without interruption during the Reign of King Charles the First of glorious memory untill the times of the late Rebellion in which Rights both Civil and Sacred were invaded and our College exposed to publick sale by mercenary Villains But upon the return of his Sacred Majesty He was pleased to take this Royal foundation into his protection and in the 15th year of his Reign gave them his Letters Patents confirming all their former Privileges and endowing them with many new ones amongst which this of being exempted from bearing and providing Arms c. is contained in the following words And we will and by these presents for Vs Our Heirs and Successors do give and grant unto the said President Fellows and Commonalty of the King's College of Physicians and their Successors that all and every Physician and Physicians that now is or are or that hereafter shall be elected and admitted and made a Member of the same College shall from time to time be wholly and absolutely fréed exempt and discharged of and from serving and appearing in any Iury or Iuries for the trial of any matter or cause or taking finding or executing of any Commission or inquisition whatsoever and of and from being or chosen to be Churchwarden Constable Scavenger or any such or the like Officer or Officers and of and from the undertaking execution or exercise of all and every the same and such like Office and Offices place and places and every of them and also of and from all Watch and Ward and of and from bearing and providing Arms within our Cities of London or Westminster or either of them or within 7 miles compass thereof And in case they or any of them shall at any time hereafter by any ways or means be designed appointed nominated or chosen into or to undergo or bear or perform any of the said Office or Offices place or places Duty or Duties or any of them within our said Cities or the Suburbs or Liberties thereof or limits aforesaid That all and every such designation appointment nomination or election shall be utterly void and of none effect Any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding In the Seventeenth of his Majestie 's Reign he was pleased pursuant to his Royal Patent to send the following Letter in behalf of the College by Sir Alexander Frazier his chief Physician the Superscription of which was To our trusty and well-beloved the Lord Mayor of our City of London for the time being and to the Deputy Lieutenants and Commissioners of the Militia of London and Westminster that now are and hereafter shall be and to all other Officers and Ministers whom it may concern CHARLES R. WHereas in conformity to several Grants and Charters made by our Royal Progenitors Kings of England unto the College of Physicians in our City of London We have béen pleased of our especial Grace and Favour to confirm all their ancient Privileges and Immunities with the addition of some further Powers and Clauses for the reguiation of that faculty by our Letters Patent bearing date the 26th of March in the 15th year of our Reign Wherein amongst other things it is exprefly provided and by us granted that every Physician who is or shall be a Member of the said College be frée and exempt and discharged of and from all Watch and Ward and of and from bearing and providing Arms within our Cities of London or Westminster or either of them or within 7 miles compass thereof We have thought fit hereby to acquaint you therewith and with our pleasure thereupon Willing and Requiring you in your several Places and Stations to give effectual orders from time to time that the said exemption from Watch and Ward and from bearing and providing Arms be now and hereafter punctually observed in favour of the Members of the said College within the limits aforesaid And that you suffer them not to be any wise molested on that behalf And for so doing this shall be your Warrant Given at our Court at Whitehall the 28th day of June 1665. in the seventéenth year of our Reign By his Majestie 's Command William Morice This is a true Copy of His Majestie 's Letter Will. Morice Thus by the especial grace and favour of the Kings and Queens of England the College of Physicians have been freed from bearing and providing Arms and though some particular Member may of late have been summoned upon that account by the Lieutenancy yet upon producing his Majestie 's Patent and asserting his Sovereign's Natural right in dispensing with a Corporation of men from bearing and providing Arms which was an inherent prerogative in the Crown and therefore an Act of Parliament was made in 13 Car. 2. 6. positively declaring That the sole and Supreme Power government command and disposition of all the Militia and of all Forces by Sea and Land c is and by the Laws of England ever was the undoubted right of his Majesty and his Royal Predecessors They were freed from any further trouble An instance of which we lately had in the case of Dr. Novell then Candidate of the
time to time authorized for the due execution of the Acts and Statutes in that behalf made upon pain for not giving such aid help and assistance to run in contempt of the King's Majestie his Heirs and Successors Now forasmuch as we have been enformed by the President of the College that there are sundry unskilfull persons within the precincts and limitts aforesaid who doe use and practise the said faculty contrary to the same Statutes of this Realm in that case provided and to the great peril and danger of the lives of many of his Majestie 's subjects These are to will and require you and in his Majestie 's name streightly to charge and command you that henceforth at all time and times you according to the tenour of the said Act be aiding and assisting to the said President and to those that shall be lawfully authorized by the said President and College for the apprehending of all such persons as shall unlawfully use and practise the said faculty within the limits aforesaid contrary to the intent and meaning of the Statutes aforesaid when they or any of them shall give you notice of and require and thereupon to bring them before the said President or those authorised as aforesaid to their College there to be examined and proceeded against as to the Law in that case shall appertain Whereof fail you not as you and every of you will answer the contempt in that behalf made Yeven under our hands at Whitehall the xxiiiith day of July An. Dom. 1609. and in the seventh year of the Reigne of our Sovereign Lord James by the grace of God King of England France and Ireland Defender of the Faith c. and of Scotland the two and fortieth R. Cant. T. Ellesmer Canc. R. Salisbury H. Northampton T. Suffolk W. Knollys J. Stanhope Jul. Caesar Tho. Parry Tho. Fleming Jo. Corbet About 13 years after the King was pleased to send a Letter to the President and Censors of the College requiring them to summon all illegal and ignorant practitioners in order to examine their sufficiency and to punish the insufficient according to the Laws in that case provided The Contents of which are as follow To our trusty and welbeloved the President and Censors of the College of Physicians within our Cittie of London JAMES R. TRusty and welbeloved We greet you well Whereas the Art of Physick by many unlearned men making gain by the profession thereof to the great hurt and prejudice of many of our loving subjects is much abused in many places in this our Realm but especially in our City of London and the Suburbes thereof the government whereof as touching the practice of the said Art and the practitioners thereof being by the Lawes and Statutes of the Realme committed unto you the President and Censors of our College of Physicians and you having also from us by our Letters Patents more ample authority for the suppression and correction of such Delinquents We therefore minding so farre as in us lyeth the speedy reformation of all such abuses and inconveniences do by these presents as heretofore yet more strictly charge and command you the President and Censors aforesaid to call before you all such irregular and ignorant Practitioners as contrary to our Lawes and authority do abuse that Art and to examine their sufficiency and such as you shall find not sufficient to punish for their said practice according to our Lawes in that case provided And whereas we are credibly given to understand that many having been punished and warned by you to desist from any further practice do yet obstinately notwithstanding persist in the former contempt of our Laws and commandments We will and command you that you proceed against such Delinquents with all severity according to the tenor of our said Letters Patents and the due course of our Lawes by fine and imprisonment or by causing them to enter into Recognisances with condition restraining them to offend any more or otherwise as the case shall require and is agreeable to Iustice And our will and pleasure is that such offendors as shall be so imprisoned shall there remaine without being enlarged unlesse it be upon their conformity and submission to you the said President and Censors or other due course of Law Wherein we require all our Iudges and Iustices that they be very carefull and circumspect not to do any thing that may give encouragement to such offendors by enlarging any such too easily without due examination of the causes of their Commitment first calling thereto the President and Censors or some of them to declare the true reasons and causes thereof And whereas we are given to understand that oftentimes upon the sollicitation of some or other friend or person of Quality suiter to you for the sad Delinquents after their conviction you have been moved to wink at their faults and neglect their punishment to the great prejudice of the health of many of our poor subjects Our will and pleasure is and we do hereby streightly charge and command you that henceforth neither for favour friendship or respect of any you forbeare the just censure and punishment due by our Lawes to such Delinquents as you shall answere us on the contrary at your peril and that you require the aide and assistance of the Lord Mayor and Aldermen of our City of London whom by our Letters we have so required to do for your better expedition in the execution of this our Royal will and commandment not doubting but that you with more care will seek to suppresse such intolerable abuses and satisfy our trust in this case committed to you Given under our signet at our Palace of Westminster the second day of July in the twentieth yeare of our reign of England France and Ireland and of Scotland the five and fiftieth At the same time another Letter was sent from the King to the Lord Mayor Aldermen and Justices of London the Copy of which is the following WHereas in the time of our Predecessors of famous memory by several Acts of Parliament as also by our late Charter there hath been sufficient provision and power given and granted to the College of Physicians in London to reforme and suppresse all and singular unlawfull and unlearned practitioners in Physick and hearing neverthelesse that divers unskilfull and unlearned men and women do rashly adventure to enter into the practice of Physick to the great danger and hurt of our subjects We therefore now finding that neither Acts of Parliament nor our Charter heretofore granted have for want of execution wrought such good effects as we wish alwayes for the good of our subjects do by these presents charge you the Lord Mayor Aldermen and Iustices of peace within our City of London and the precincts that with all readynesse you do aide and assist the President and Censors for the time being of our College of Physicians in London or such Officers as the President and the said College