had made done provided and ordained by the said President and Colledge or Comminalty and their Successors or the greater part of them assembled together in their said Hall which said Register so to be named elected and made as aforesaid shall be and continue in the said office and place for and during the will and pleasure only of the said President and Colledge or Comminalty and their Successors or the greater part of them whereof the President to be one The said Register first taking his corporal Oath upon the holy Evangelists before the His Oath said President and four Censors for the time being or any three of them whereof the President to be one for the doing and performing of his true and faithful service to them in the said office and place from time to time And we do likewise will and for us our heirs and successors do by these presents grant unto the said President and Colledge or Comminalty and their Successors that they and their Successors or the greater part of them assembled in their said Hall shall and may from time to time when and as often as to them shall seem meet ordain Power to elect Officers make constitute and appoint such and so many other fit and meet officer or officers minister or ministers as to the said President and Colledge or Comminalty and theis Successors or the greater part of them shall be thought fit and necessary for their service and benefit unto all and every which said officers or ministers it shall be lawful to the said President and Colledge or Comminalty and their Successors or to the Censors or any three of them assembled together To give Oathes in their said Hall to administer and give oathes upon the said holy Evangelists for the due performance and execution 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 To expell their said offices and places and to elect and put others into his and their rooms and places when and as often as to the said President and Colledge or Comminalty and their Successors or the greater part of them shall seem meet and convenient And furher we do for us our heirs and successors give and grant unto the said President and Colledge or Comminalty and their successors That it shall and may be lawful 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 shall be convented for any the offences aforesaid and To take bonds of 100 l. to practise no more to his Majesties use shall be found offenders therin to become bound to us our heirs or successors and to our use in one or more several recognizances in such sum as they shall think fit not exceeding the sum of One hundred pounds with conditions for restraining them to offend any more in that behalf as to the President and four Censors or any three of them shall seem meet And if such person shall refuse to become so bound by such recognizance with such condition That then it shall and may be lawful to and for the said President and four Censors or any three of them wereof the President to be one to commit such Or to imprison such refusers person to prison and him to detain in prison until he shall become bound in such recognizance with such conditions as aforesaid And we do further of our especial favour certain knowledge and mere motion for us our heirs and successors give and grant unto the foresaid President and Colledge or Comminalty and their Successors special Licence free and lawfull liberty power and authority to acquire To purchase Lands purchase receive and take unto the said President and Colledge or Comminalty 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 clear yearly value of One hundred Marks of lawful English money above all charges and reprises So as the same Mannors Lands Tenements Tithes Rents Reversions and Hereditaments by vertue hereof to be acquired and purchased be not holden of us our heirs or successors immediately in chief or by Knights 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 we do further give and grant for us our heirs and successors unto the foresaid President and Colledge or Comminalty 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 foresaid Colledge or Comminalty 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 Coll. freed from providing or bearing Arms. said City of London and the Liberties thereof or within seven miles compass as aforesaid Any Statute Act Ordinance Constitution or Usage to the contrary in any wise notwithstanding And we do further for us our heirs and successors A general Grant give and grant to the foresaid President and Colledge or Comminalty and their Successors and by these presents declare and manifest our pleasure for ever to be That the said President and Colledge or Comminalty and their Successors shall and may have take receive use exercise and enjoy all and singular the gifts grants liberties priviledges immunities freedomes benefits advantages profits commodities power ability and authority herein before mentioned or otherwise by any other former Letters Patents given granted or confirmed unto the President and Colledge or Comminalty or any of them without the lett hinderance interruption or disturbance of us our heirs or successors or of any the officers or Ministers of us our heirs or successors or of any other person or persons whatsoever And further of our like especial grace certain This Patent to be confirmed next Parliament knowledge and meer motion we will and for us our heirs and successors do promise and grant to and with the said President and Colledge or Comminalty and their Successors by these presents That at the next Parliament or Session of Parliament of us our heirs or successors to be holden within this our Realm of England We our heirs or successors will give and grant our Royal and free assent and consent to any Act Bill or Petition by the said President and Colledge or Comminalty or their successors or any of them in the same Parliament or Session of Parliament to be exhibited or preferred and by the Lords Spiritual and Temporal and the Comminalty of the said Parliament to be approved
upon him for the same offence And we do further of our especial grace Grant of fines to the Colledge certain knowledge and meer motion for us our heirs and successors give and grant unto the foresaid President and Colledge or Comminalty and their Successors all and singular the fines and amerciaments penalties and forfeitures and every of them hereafter to be forfeited assessed or imposed upon any Physician or practiser in physick as aforesaid or to be forfeited imposed or assessed upon any Apothecary Druggist or other person or persons for or by reason of any misdemeanor offence contempt oâ— default whatsoever before in these presents declared mentioned or specified and that the said President and Colledge or Comminalty and their Successors shall and may by the name of the President and Colledge of the faculty of Physick within the City of London at all times hereafter and from time to time in any Ouâ— Courts of Record according to Our Lawes sue for recover levie and take execution of and for the said fines amerciaments penalties and forfeitures and every or any part thereof and the same being recovered and levied to have take retain and enjoy to the only use behoof and benefit of the said President and Colledge or Comminalty and their Successors without the let disturbance or interruption oâ— Us Our heirs or successors or any of the officers or ministers of us our heirs or successors and without giving or rendring any accompt or recompence thereof to us our heirs or successors And that if any offender upon whom any such fine or amerciament Imprisonment of such as pay not their Fines shal be imposed shall be present before the four Censors or any three of them at the time of such fine or amerciament imposed and shall not then pay the same That then it shall and may be lawful to and for the said four Censors or any three of them by whom such fine or amerciament shall be imposed to commit such offender to prison and detain him in prison untill he shall have satisfied the said fine or amerciament and no longer And further we will and by these presents for us our heirs and successors of our especial grace To have a Hall and favour do grant unto the said President and Colledge or Comminalty and their Successors that it shall and may be lawful to and for them or the greater part of them to have appoint retain and enjoy a certain Hall or Councel house within our City of London or the Liberties of the same And that the said President for the time being and his Successors shall and may when and as often as to him shall seem meet and necessary call assemble and keep within the same Hall or House a certain Court or Convocation of the said President and Colledge or Comminalty and their Successors to the number of Six persons or more whereof the said President for the time being to be alwaies one And that in the same Court or Convocation the same President and Colledge or Comminalty and their Successors to the number of Six persons or more whereof the President for the time being to be one shall and may treat confer consult and consider of Arcicles Meetings by whom and for what Statutes Acts and Ordinances touching and concerning the said President and Colledge or Comminalty and their Successors and the good rule staâ—e and government of the same and the reformation and redress of the abuses mischiess and enormities herein before mentioned and hereby intended and meant to be provided for and suppressed in the time to come And further we will and by these presents for us our heirs and successors do grant to the said President and Colledge or Comminalty and their Successors That the said President and Colledge or Comminalty and their Successors to the number of Six persons or more whereof the said President for the time being to be alwaies one upon publique summons thereof first made being assembled together in their said Hall or house shall and may have full power and lawful authority from time to time to ordain constitute make and set down in writing such wholsome and reasonable Acts Ordinances Orders Decrees To make By-lawes Articles and Constitutions as to the said Six persons or more of them so assembled or the greater part of them so assembled whereof the said President to be one shall seem good profitable and necessary according to their good directions for the good rule order and government of the said President and Colledge or Comminalty and their Successors and of all other practisers of Physick and other the persons before named and all others offending in the said faculty or any other way touching or concerning the same for the reformation and redress of the abuses deceipts misdemeanors and enormities and other the premises herein before mentioned or expressed And that the said President and Colledge or Comminalty and their Successors to the number of six persons or more whereof the said President to be one shall and may punish all and every delinquent or offender against the same Acts Ordinances Orders Decrees and Constitutions or any of them by imprisonment of his and their bodies or by fine and amerciament to be by them as aforesaid adjudged imposed and inflicted from time to time as need shall require And that the said President and Colledge or Comminalty and their Successors shall and may lawfully levy receive have and take the said fines and amerciaments to their own proper use benefit and behoof without the impeachment Fines to be paid to the Colledge or impediment of us our heirs or successors or of any the officers or ministers of us our heirs or successors and without any accompt to us our heirs or successors to be rendred or made for the same other then the rent hereafter reserved All which said Acts Statutes Ordinances Articles and Constitutions so as aforesaid to be made we will shall be observed and kept under the pains and penalties in the same to be limited and contained so as the same Acts Statutes and ordinances imprisonments fines and amerciaments be not contrary or repugnant to the Lawes and Statutes of this our Realm of England And further we will and by these presents for us our heirs and successors do grant to the said President and Colledge or Comminalty and their Successors That they and their successors or the greater part of them assembled together in their said Hall shall and may nominate elect and appoint one honest and discreet person which A Register his Office shal 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 Comminalty and their Successors at their Assemblies Courts Congregations or meetings and shall set down in writing register and enter into a Book all such rules orders statutes decrees acts ordinances and other things as shall from time to time be
their Maladies and to remove Leprosies amongst them and also to remove all fumes and smels 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 discharges not his Office if his Subjects live a life but if they live and flourish and he hath care as well of their Bodies as of their Lands and Goods for Health for the Body is as necessary as vertue to the minde and thâ— 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 University 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 Chirurgeon within the City of London and seven miles of that 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 covenient and the reason of this difference as he conceived was for that that in this City and the said Precincts the King and all his Councel and all the Judges and Sages of the Law and divers other men of quality and condition live and continue and also the place is more subject unto Infection and the aire more pestiferous and for that there is more necessity that greater care diligence and examination be made of those which practised here in London and the Precincts aforesaid then of those which 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 for that 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 Universities nor of those which are Graduats there and for that they shall be tryed by the said Act and the Statute of 14. H. 8. chapter 5. only excepts those which are Graduats of Oxford or Cambridge which have accomplished all things for the form without any Grace and if this Exception shall be intended to extend to others then all the University shall be excepted by that and such exception was too general and over he said that the Plaintiff gave absurd and contemptous answer when he being cited before them said that he would not be ruled nor directed by them being such grave and learned men and for that that he hath practised against the Statute he was worthily punished and commited for it should be a vain Law if it did not provide punishment for them that offend against that and Bracton saith Nihil est habere Leges si non sit unus qui potest Leges tueri and for this here are four grave and discreet men to desend and maintain the Law and to punish all Offenders against that according to the Statute by Imprisonment of their Bodies and other reasonable waies and the said four men have the search as well of those men as of other Mediciners and the Statute of 1. Marie provides that the Keepers of Prisons shall receive all which are committed by the said four grave and learned men and though there be great care committed to them by the said Statute and the said Letters Patents yet there is a greater trust reposed in them then this for we commit to them our lives when we receive physick of them and that not without cause for they are men of Gravity Learning and Discretion and for that they have power to make Lawes which is the Office of the Parliament for those which are so learned may be trusted with any thing and for the better making of these they have power to assemble all the Commons of their Corporation and the King allowes of that by his Letters Patents for it is made by a Congregation of wise learned and discreet men and the Statute of 1. Marie inflicts punishment upon Contempts and not for any other offences and they held a Court and so may commit as every other Court may for a contempt of common right without Act of Parliament or Information or other legal form of proceeding upon that as it appears by 7. H. 6. for a contempt committed in a Leet the Steward committed the Offender to Prison and it was absurd to conceive that the Statute will allow of commitment without cause and it is a marvelous thing that when good Lawes shall be made for our health and wealth also yet we will so pinch upon them that we will not be tried by men of experience practise and Learning but by the University where a man may have his Degree by grace without merit and so for these reasons he concluded that this Action is not maintainable Coke chief said that the Cause which was pleaded Coke for that the Plaintiff was committed was for that that he had exercised Physick within the City of London by the space of a Moneth and did not very fitly answer for which it was ordained by the Censors that he should pay a hundred shillings and that he should forbear his practise and that he did not forbear and then being warned of that and upon that being summoned to appear did not appear and for that it was ordained that he should be arrested and that after he was summoned again and then he appeared and denied to pay the hundred shillings and he said that he would practise for he was a Doctor of Cambridge and upon that it was ordained that he should be committed till he should be delivered by the Doctors of the Colledge and upon this was the Demurrer joyned and in pleading the Plaintiff said that he was a Doctor of Philosophy and Physick upon which the Lord took occasion to remember a saying of Galen that is ubi Philosophia desinit ibi medicina incipit and he said the only question of this case depends not upon the payment of the said hundred shillings but upon the words of the Letters Patents of the King and the said two Statutes the words of which are Concessimus
year all Offendors 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 Colledge and Comminalty by the late King of famous memory King Henry the 8th bearing date the 23. day of September in the tenth year of his reign and one Act of Parliament made in the 14. year of the reign of the said late King Henry the 8th concerning Physicians where by the Letters Patents aforesaid and every thing therein are granted and confirmed And by vertue of the said Act of Parliament and Letters Patents aforesaid and one other Act of Parliament made in the first year of the reign of our late Soveraign 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 Colledge-house in Pater noster-Row in London one Christopher Barton and we have examined the said Christopher Barton and upon his examination and other due proofs we have found that the said Christopher 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 S. Botolphs Parish Aldgate London and the Childe of one Jane Bigge and some others in the moneth of January in the year 1638. contrary to the Lawes in that behalf made and provided whereupon we have imposed upon the said Christopher Barton a Fine of 20 l. for his evil practise in Physick aforesaid And we have also for the same cause sent you the Body of the said Christopher 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 bayâ— or mainprize untill he shall be discharged of his said imprisonment by the President of the said Colledge and by such persons as by the said Colledge shall be there unto authorised according to the Statute in that behalf made and this our Warrant shall be your discharge Given at the said Colledge the eleventh day of September in the fifteenth year of the Reign of our Sovereign Lord King Charles Otwell Meverell Edm. Smith Lawr. Wright William Goddard To the Keeper of Woodstreet Compter London or his Deputy To Mr. John Penyall one of the Messengers of his Majesties Chamber in Ordinary to execute this Warrant Et haec est causa accepcois detenconis prefati Christophori Barton in prisona predct sub custodia nra corpus Cujus quidem Christophori coram prefat Dno Rege apud Westm parat habemus Being at the Bar the said 19. of October for that the Lord chief Justice Sir John Bramston was not present the other Judges present would not accept of Bayl which the said Barton tendred but suspended the matter untill Tuesday the 22. of October following Barton for that time was returned back and coming to the Bar again on the said Tuesday with his Councel and Bayl the Lord Bramston 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 24. 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 bayled it being against the Law and the Letter of the Warrant grounded upon the Statutes Then it was desired by Bartons Councel that he might go over to the Kings-Bench which also was denied because he was committed originally to the Compter in Woodstreet as appeared by the Warrant and so Barton was remanded by the Court to the said Compter and willed if he would have Liberty to submit to the Barton remitted to prison Colledge and make his peace there Barton being in Custody of the Serjeant that carried him up to the Bar eâ—â—â—ibited 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 29. of October signed his discharge and set him at liberty he being put again before his enlargement into the said prison Termino Trinitatis anno octavo Caroli Regis in Banco Regis Crokes Reports the First Part. Butler versus the President of the Colledge of Physicians Pasc 7. Car. rot 519. ERror of a Judgment upon a Demurrer in the Common-Bench The first Error assigned was because the Record was Ad respondendum Domino Regi Praesidenti Collegii c. Qui tam pro Domino Rege quam pro seipso sequitur quod reddat eis sexaginta libras unde idem Praesidens qui tam c. dicit c. Whereas the Action ought to have been brought by the President only qui tam c. and not by the King and President c. sed non allocatur For being an Original Writ the Writ is most often so and sometimes the other way And they conceived it good both waies But Informations are alwaies that the party qui tam for the King quam pro seipso sequitur c. Vide Plowd 77. new Book of Entries 160. old Book of Entries 143. 373. The second Error was that the Replication was a departure from the Count For the Count sets forth That King Henry the eighth anno decimo Regni sui incorporavit per le Statut of decimo quarto Henrici octavi confirmavit the Colledge of Physicians by the name of the President c. that no man should practise Physick in London or within seven miles without Licence under the Seal of the Colledge upon penalty of 5 l. for every moneth that he so practised the one moity unto the King and the other unto the President of the Colledge to the use of the said Colledge And for that the Desendant not being allowed c. had practised Physick for twelve months in London The said Action was brought c. The Defendant pleads the Statute of tricesimo quarto Henrici octavi cap. 8. That every one who hath Science and experience of the nature of Herbs Roots and Waters or of the operation of the same by speculation or practise may minister or apply in and to any outward Sore Uncome Wound Aposthumations outward Swelling or Disease any Herb Oyntments Baths Pultes or Implaisters according to their cunning experience
corpora humana ad discindend anatomizand quod jure publico hujus regni furti homicidii vel cujuscunque felonie condemnatum mortuum fuerit vel que jure publico hujus regni furti homicidii vel cujuscunque felonie condemnat mort fuerint intra Comitatum Midd. vel infra Civitatem London predictam vel alibi ubicunque infra sedecim miliaria predict Civitatis prox in quocunque 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 quibuscunque eorum assignatis medicine professoribus seu expertis eadem corpora secare dividere aliter pro voluntate judicio suo cum ea reverentia qua humane carni debetur tractare ad incrementum cognitionis medicine experimentum ejusdem ad salutem ligeorum nostrorum sine contradictione alicujus Et hoc absque ulla pecuniarum summa vel ullis pecuni arum summis pro eisdem reddend seu cuicunque solvend Proviso semper quod cum hujusmodi anatomia de tempore in tempus transacta perfecta fuerit predicta corpora sumptibus ipsorum presidentis successorum suorum debitis exequiis sepulture committaÌ„tur Eo Quod expressa mentio 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 presidents Collegii sive communitati facultatis medicine Londini ante haec tempora factis in presentibus minime fact existit Aut aliquo statuto Actu ordinatione proclamacoe provisione sive restricoe inde in contrarium habit fact edit ordinat sive provis Aut aliqua alia re caussa vel materia quacunque in aliquo non obstante In cujus rei testimonium has litteras nostras fieri fecimus Patentes Teste meipa apud Westmonasterium vicesimo quarto die Februarii Anno regni nostri septimo Per breve de privato sigillo c. Naylour Letters Pattents granted by King JAMES to the Colledge of Physicians in London dat 8. Octobr 15º regni sui JAmes by the grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas our most noble and Preamble renowned Predecessors King Henry the eight late King of this our Realm of England in his Princely wisdome deeply considering and by the example of forein well governed States and Kingdomes truly understanding how profitable beneficial and acceptable it would be unto the whole body of this Kingdome 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 Kingdome then to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilful practisers those that were learned grave and profound practisers in that Faculty should receive more bountiful reward and also the industrious Students of that profession would be the better encouraged in their studies and endeavours For these and many other weighty motives Recital of the Patent of incorporation causes and considerations our royal and Princely Predecessor King Henry the eight by his Letters Pattents bearing date at Westminster the three and twentieth day of September in the Tenth year of his reign of his especial grace and Princely favour did erect found and establish a Colledge Comminalty or Incorporation of Physitians in the City and Suburbs of London and for seven miles every way in distance from the same to be remain and have existence for ever and by the same Letters Pattents our aforesaid noble Predecessor did further give and grant unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said Faculty of Physick in the foresaid City of London That they and all of the said Faculty of Physick of and in the foresaid City of London should for ever from thenceforth be in name and deed one Body Comminalty and Colledge And further by the said Letters Pattents did give and grant unto the said Colledge and Comminalty full power ability and authority for ever annually to elect and make one of the said Colledge or Comminalty to be President of the said Colledge Corporation and Comminalty And that the said President so elected and made and the said Colledge and Comminalty should have perpetual succession and a common Seal for the behoof and benefit of the said Presideut Colledge and Comminalty and their Successors for ever And also by the said Letters Pattents did further give and grant unto the said President Colledge and Com. minalty and their Successors divers and sundry other liberties priviledges immunities power ability and authority not only to and for the benefit advantage and commodity of the foresaid President Colledge and Comminalty and their Successors but also for the more certain and easier discovery speedy restraint and certain repressing of the before mentioned unskilful and illiterate practisers in the said faculty of Physick as aforesaid As by the foresaid Letters Patents remaining of record amongst other things therein contained more plainly and fully it doth and may appear Which said Letters Patents and Confirmed by Parliament 14. H. 8. all and every Grant Article and other thing contained and specified in the same were by Act of Parliament made in the xiiii year of the reign of our said noble predecessor King Henry the eight approved granted ratified and confirmed and clearly authorised and admitted by the same good lawful and available to the said body corporate and their successors for ever and that the best construction that might be invented should be made thereof and of every part and parcel thereof for the best benefit behoof power and authority of the foresaid President Colledge and Corporation of Physicians as aforesaid And further by other several Acts of Parliament divers and sundry other Priviledges liberties By other Acts. ability power and authority are and were established ordained given and granted unto the said President Colledge and Corporation of Physicians and their successors as by the said several Acts of Parliament thereof made more fully and at large it doth and may appear Sithence the making of which said Letters patents and several Acts of Parliament we do nevertheless daily find that divers enormities and abuses not as yet sufficiently provided for and New Abusâ—s reformed do 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 deceit of Physicians Apothecaries Druggists and such like and are likely much more to abound unless timely and festine remedy be by us provided and applied for the curing of so publique a disease Know ye therefore that we graciously affecting so pious K. James's Grants and charitable a work and intending hereby a more full and perfect reformation of the said abuses grievances and enormities which these later times have abundantly brought forth in this our Realm out of our Princely disposition and care for the repressing thereof and of our special grace certain knowledge and meer motion at the humble Petition aswell of our trusty and well beloved Henry Atkins Doctor in physick now President of the said Colledge and one of our Physicians Theodorus de Maierne Doctor in Physick one other of our Physicians Thomas Mounford and Edward Lister Doctors in Physick Fellowes and Elects of the said Colledge as of other the Doctors of the said Colledge have given granted ratified approved allowed and confirmed and by these presents do for us our Heirs and Successors give grant ratifie approve allow and confirm unto the aforesaid President and Colledge or Comminalty and their A Confirmâ—tion of all former Patents and Acts of Parliament Successors the said Letters patents of our said noble predecessor King Henry the Eight herein before mentioned and every article clause gift and grant therein contained and not herein altered for the honour peace and quiet of the said Colledge and that the said President and Colledge or Comminalty and their Successors shall and may for ever hereafter have receive take retain keep use exercise and enjoy all and singular such rights titles liberties priviledges immunities freedoms executions ability power authority and other things as by the said Letters patents or by any Acts of Parliament are or were given granted or confirmed or were thereby mentioned or intended to be given granted or confirmed notwithstanding the not using misusing or abusing of the same and that the same Letters Patents and every article and clause therein contained shall be adjudged taken and construed most benignly and favourably to and for the best benefit avail and advantage of the foresaid President and Colledge or Comminalty or their Successors any Ordinance Custome or usage to the contrary in any wife notwithstanding And whereas our said noble Predecessor by the aforesaid Letters patents amongst other things therein contained hath given and granted unto the foresaid President and Colledge or Comminalty and their Successors and thereby expresly appointed and provided that no person whatsoever should exercise Against not adâ—â—â—â—ed the said Faculty of Physick within the aforesaid City of London or within seven miles in circuit thereof unles the said person should first be admitted to do the same by the foresaid President and Colledge or Comminalty or their Successors by Letters testimonial of the said President and Colledge or Comminalty sealed with their common Seal upon pain of forseiting sive pounds for every moneth wherein the said persons should exercise the said faculty being not admitted thereunto the one half thereof to be forâ—â—ited and given to our said Predecessor his heirs and successors and the other half thereof to be forfeited and given to the said President and Colledge or Comminalty and their Successors as by the said Letters patents may appear Now know ye That we in our Princely wisdome Power to sue for the Peâ—â—lues dâ—epâ—y considering how needâ—ul it is and will be that all and singular person and persons practising or exercising the said faculty of physick contrary to the intent and true meaning of the foresaid Letters patents shall be duly and condignly punished and for the better encouragement of the foresaid President and Colledge or Comminalty and their Successors to sue for the said penalty of five pounds specified and mentioned by the said Letters patents of our especial grace certain knowledge and meer motion Have given and granted and by these presents for us our heirs and successors do give and grant unto the said President and Colledge or Comminalty and their Successors full power and lawful authority in the name of us our heirs and successors or otherwise in their own name by the name of the President and Colledge of the Faculty of Physick within the city of London in any our Courts of record or in any other place or places within this our Realm according to our Lawes to sue for recover and have execution of and for all and singular such penalties forfeitures sum and sums of money as now are or hereafter from time to time shall accrew or grow due unto us our heirs or successors or to them by force or vertue of the foresaid Letters patents or any the said Statutes or any clause or thing in them or in these presents contained other then the Recognizance hereafter expressed or by reason or means 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 shall be duly recovered levied or received as aforesaid We will and by these presents Penalties to the Colledgâ— use only for us our heirs and successors do give and grant the same penalties forfeitures and sums of money and every part and parcel thereof to the said President and Colledge and Comminalty and their Successors to be retained had taken converted and enjoyed to their sole and proper use benefit and behoof without rendring making or yielding unto us our heirs or successors any part or parcel thereof or any rent accompt or recompence for the same other then the yearly rent hereafter by these presents reserved the said Letters patents or any the said Statutes before mentioned or any clause article or reservation in them or any of them contained to the contrary hereof in any wise notwithstanding And we do further by these presents of our especial grace certain knowledge and meer motion for us our heirs and successors give and grant unto the foresaid President and Colledge or Comminalty and their Successors that the four persons to be annually chosen by the said To the Censors power to survey â—ll Meâ—lieâ—nes President and Colledge or Comminalty for the time being and their Successors according to the intent and meaning of the foresaid Letters patents of our said Predecessor King Henry the Eight now commonly called the four Censors of the said Colledge or any three of them for the time being shall have full power and lawful authority at all time and times hereafter when and as often as to the said four Censors or any three of them shall seem requisite and convenient to examine survey goverâ— correct and punish all and singular Physicians and Practisers in the faculâ—y of Physick Apothecaries Druggists Distiâ—â—ers and Sellers of Waâ—eâ—s or Oyls Preparers of Chymical Medicines to be â—old or imployed