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
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
suo comuni sigillat ' sub pena Centum solidorum pro quolibet mense quo non admissus eandem facultatem exercuit Dimid ' inde nobis heredibus nostris dimid ' dict' Presidenti Collegio applicand ' Preterea Volumus concedimus pro nobis Successoribus nostris quantum in nobis est quod per Presidentem Collegium predicte Comunitatis pro tempore existen ' eorum Successores imperpetuum quatuor singulis annis per ipsos eligantur qui habeant supervisum scrutinium correctionem gubernationem omnium singul ' dict' Civitatis Medicorum utentium facultat ' medicine in eadem Civitate ac aliorum medicorum forinsecorum quorumcunque facultatem illam medicine aliquo modo frequentantium utentium infra eandem civitatem Suburbia ejusdem sive intra septem Miliaria in circuitu ejusdem Civitatis ac punicionem eorundem pro delictis suis in non bene exequend ' faciend ' utend ' illa Necnon supervisum scrutinium omnimod ' Medicinarum eorum recept ' per dictos Medicos seu aliquem eorum hujusmodi ligeis nostris pro eorum infirmitatibus curand ' sanand ' dand ' imponend ' utend ' quotiens quando opus fuerit pro comodo utilitate eorundem ligeorum nostrorum Ita quod punicio hujusmodi medicorum utentium dicta facultate Medicine sic in premissis delinquentium per fines amerciamenta Imprisonamenta corporum suorum per alias vias rationabiles congruas exequatur Volumus eciam concedimus pro nobis heredibus successoribus nostris quantum in nobis est quod nec Presidens nec aliquis de Collegio predicto Medicorum nec successores sui nec eorum aliquis exercens facultatem illam quoquo modo in futur ' infra Civitatem nostram predictam suburbia ejusdem seu alibi summoneantur aut ponantur neque eorum aliquis summoneatur aut ponatur in aliquibus Assisis Juratis Inquestis Inquisitionibus Attinctis aliis recogn ' infra dict' Civitat ' suburbia ejusdem imposterum coram Major ' Vicecomitibus seu Coronatoribus dicte Civitatis nostre pro tempore existen ' capiend ' aut per aliquem Officiarium seu Ministrum suum vel Officiarios sive Ministros suos summonend ' licet iidem Jurati Inquisiciones seu recogniciones summ ' fuerint super brevi vel brevibus nostris vel heredum nostrorum de recto Sed quod dict' Magistri sive Gubernatores ac Comunitas facultatis antedicte Successores sui eorum quilibet dict' facultatem exercentes versus nos heredes Successores nostros ac versus Majorem Vicecomites Civitatis nostre predict ' pro tempore existen ' quoscunque Officiarios Ministros suos sint inde quieti penitus exonerati imperpetuum per presentes Proviso quod litere nostre seu aliquid in eis content ' non cedent in prejudicium Civitatis nostre London seu libertat ' ejusdem Et hoc absque fine seu feodo pro premissis seu sigillacione presentium nobis faciend ' solvend ' vel aliqualiter reddend ' Aliquo Statuto Ordinacione vel Actu in contrarium ante hec tempora fact ' edit ' ordinat ' seu provis ' in aliquo non obstan ' In cujus rei Testimonium has Literas nostras fieri fecimus Patentes Teste meipso apud Westmonaster ' Vicesimo tertio die Septembris Anno Regni nostri Decimo Per ipsum Regem de data predicta authoritate Parliamen ' Tunstall And forsomoch that the making of the said Corporation is meritorious and very good for the Comon-wealth of this your Realme It is therefore expedient and necessarie to Provide that noe person of the said Polityke body and Comonaltie aforesaid bée suffered to exercise and practyse Physyk but oonly these persons that be profound sad and discreete groundly learned and deeply studied in Physyke In consideration whereof and for the further authoriseing of the same Letters Patents and alsoe enlargeing of further Articles for the said Comon-Wealth to be had and made Pleaseth it your Highnes with the assent of your Lords Spiritual and Temporal and the Comons in this present Parliament assembled to Enact Ordeyne and establish that the said Corporation of the said Comonaltie and fellowshipp of the facultie of Physyke aforesaid And all and every Graunt Articles and other thing conteyned and specified in the said Letters Patents bee approved granted ratified and confirmed in this present Parliament and cleerely authorised and admitted by the same good lawfull and avayleable to your said Bodie corporate and their Successors for ever in as ample and large manner as may be taken thought and construed by the same And that it please your Highnes with the assent of your said Lords Spiritual and Temporall and the Commons in this your present Parliament assembled furtherlie to enact ordeyne and stablishe that the Sixe Persons before said in your said most gracious Letters Patents named as Principalles and first named of the said Comonaltie and fellowshipp chosyng to them twoo moo of the said Comonaltie from hensforward be called and clepyd Electys And that the same Electys yearly chose one of them to bee President of the said Comonalty and as oft as any of the Rowmes and places of the same Electys shall fortune to be voyd by death or otherwise then the Survivours of the said Electys within thirtie or fortie dayes next after the death of them or any of them shall chose name and admitt one or moo as need shall require of the most cunyng and expert Men of and in the said facultie in London to supply the said roome and number of Eight persons So that hee or they that shall be so chosen bee first by the said Supervisors straytly examined after a forme devised by the said Electys and also by the same Supervisors approved And where that in Dyocesys of England out of London it is not light to fynde alway men hable to sufficiauntly examyne after the Statute such as shall be admitted to exercise Physyke in them that it may be enacted in this present Parliament That noo person from hensforth be suffered to exercyse or practyse in Physyke through England untill such time that he bée examined at London by the said President and three of the said Electys And to have from the said President or Electys Letters Testimonialx of theire approveing and examination Except he be a Graduat of Oxford or Cantebrygge which hath accomplished all thing for his fourme without any grace The Commission according to the Exemplification Die Mercurii vicesimo nono die Mensis Julii Centesimo decimo sexto die Parliamenti Peste indies magis magis in Urbe Londino ac presertim circa Palacium Domini Regis de Bridewell invalescente Reverendissimus dominus Legatus Cancellarius exhibuit ostendidit
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
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
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
and Constitutions soe as aforesaid to be made Wee will shal be observed and kept under the paines and penaltyes in the same to be lymited and conteyned Soe as the same Acts Statutes and Ordinances Imprisonments fines and amerciaments be not contrarie or repugnant to the Laws and Statutes of this our Realme of England And further Wee will and by these presents for us our heires and successors doe graunt to the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled together in their said Hall shall and maie nominate elect and appoint one honest and discreet person which shall be and be called the Register to the said Colledge who shall from time to time be attendant on the said President and Colledge or Comminaltie and their Successors at their Assemblies Courts Congregations or meetings and shall sett downe in writinge register and enter into a booke all such Rules Orders Statutes Decrees Acts Ordinances and other things as shall from time to time be had made done provided and ordayned by the said President and Colledge or Comminaltie and their Successors or the greater parte of them assembled together in their said Hall Which said Register soe to be named elected and made as aforesaid shal be and continue in the said office and place for and during the will and pleasure onely of the said President and Colledge or Comminaltie and their Successors or the greater parte of them whereof the President to be one The said Register first taking his corporall oath upon the Holy Evangelists before the said President and four Censors for the time being or any three of them whereof the President to be one for the doeing and performing of his true and faithfull service to them in the said office and place from time to time AND Wee doe likewise will and for us our heires and successors doe by these presents graunte unto the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled in their said Hall shall and may from time to time when and as often as to them shall seeme meete ordaine make constitute and appoint such and soe many other fitt and meete Officer or Officers Minister or Ministers as to the said President and Colledge or Comminaltie and their Successors or the greater parte of them shal be thought fitt and necessarie for their service and benefitt Vnto all and every which said Officers or Ministers it shal be lawfull to the said President and Colledge or Comminaltie and their Successors or to the Censors or any three of them assembled together in their said Hall to administer and give oathes upon the said Holy Evangelists for the due performance and erecution of his and their office and place And the same Register and all and every other Officer and Minister by them to be elected made constituted or appointed as aforesaid from time to time upon reasonable and just cause to remove expell and put out of his and their said offices and places and to elect and put others into his and their roomes and places when and as often as to the said President and Colledge or Comminaltie and their Successors or the greater parte of them shall seeme meete and convenient AND further Wee doe for us our heires and successors give and graunt unto the said President and Colledge or Comminaltie and their Successors that it shall and may be lawfull to and for the said President and four Censors for the time being or any three of them whereof the President to be one to cause such persons which shal be convented for any the offences aforesaid and shal be found offendors therein to become bound to us our heires or successors and to our use in one or more severall recognizaunces in such summe as they shall think fitt not exceeding the summe of one hundred poundes with conditions for restrayning them to offend any more in that behalf as to the President and four Censors or any three of them shall seeme meete And if such person shall refuse to become soe bound by such recognizance with such condition That then it shall and may be lawfull to and for the said President and four Censors or any three of them whereof the President to be one to commit such person to prison and him to deteyne in prison untill he shall become bound in such recognizance with such condition as aforesaid And Wee doe further of our especiall favour certaine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors speciall licence free and lawfull libertie power and authoritie to acquire purchase receive and take unto the said President and Colledge or Comminaltie and their Successors Mannors Lands Tenements Tithes Rents Reversions and Hereditaments of or from any person or persons whatsoever not exceeding in the whole the cleere yearely value of one hundred Marks of lawfull English money above all charges and reprises Soe as the same Mannors Lands Tenements Tithes Rents Reversions and Hereditaments by virtue hereof to be acquired and purchased be not holden of us our heires or successors immediately in Chief or by Knightes service or of any other person or persons by Knights service the Statute of Alienation in Mortmayne or any other Statute Law Ordinance or Provision to the contrary thereof in any wise notwithstanding AND Wee doe further give and graunt for us our heires and successors unto the foresaid President and Colledge or Comminaltie and their Successors that all and every Physitian and Physitians that now is or are or that hereafter shal be elected admitted and made a member of the foresaid Colledge or Comminaltie shall from time to time be wholly and absolutely freed exempted and discharged of and from providing and bearing of any Armour or other munition within our said Citie of London and the Liberties thereof or within seaven miles compasse as aforesaid Any Statute Act Ordinance Constitution or usage to the contrary in any wise notwithstanding AND Wee doe further for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors and by these presents declare and manifest our pleasure for ever to bee That the said President and Colledge or Comminaltie and their Successors shall and may have take receive use exercise and enjoy all and singular the guifts graunts liberties priviledges immunities freedomes benefitts advantages profitts commodities power abilitye and authoritye herein before mentioned or otherwise by any other former Letters Patents given graunted or confirmed unto the President and Colledge or Comminaltie or any of them without the lette hinderance interruption or disturbance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons whatsoever
AND further of our like especiall grace certaine knowledge and meere motion Wee will and for us our heires and successors doe promise and graunt to and with the said President and Colledge or Comminaltie and their Successors by these presents That at the next Parliament or Session of Parliament of us our heires or successors to be holden within this our Realme of England Wee our heires or successors will give and graunt our roiall and free assent and consente to any Act Bill or Petition by the said President and Colledge or Comminaltie or their Successors or any of them in the same Parliament or Session of Parliament to be exhibited or preferred and by the Lords Spirituall and Temporall and the Comminaltie of the said Parliament to be approved and assented unto for the better enabling authorizing and investing of the said President or Colledge and Comminaltie and their Successors to and with the severall graunts powers priviledges authorities exemptions immunities and other matters and things in these presents to them given graunted and confirmed or intended to be to them given graunted or confirmed according to our gratious intent and meaning heerein before specified and expressed AND further Wee will and by these presents for us our heires and successors doe graunt unto the said President and Colledge or Comminaltie and their Successors That these our Letters Patents and all and singular the guifts graunts authorities powers priviledges and immunities and other things therein conteyned shal be good firme avayleable and effectuall in the Lawe to the intents and purposes aforesaid and shall be in all and every our Courts of Record and elsewhere had taken construed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President and Colledge or Comminaltie and their Successors Any Statute Act Ordinance Custome Vsage Guift Graunt or any other matter or thing heretofore had made used ordayned or provided to the contrary in any wise notwithstanding NEVERTHELESS Wee will and our intent and meaning is That the said President and Colledge or Comminaltie and their Successors shall answere and paie to us our heires and successors for and in respect of the fines amerciaments penaltyes forfeytures and summes of money herein before mentioned and by these Presents to them graunted as aforesaid the yearely rent of sixe pounds of lawfull money of England at the receipt of our Exchequer at Westminster at the feasts of the Annunciation of the blessed Virgin Marie and St. Michaell the Archangell by even and equall portions Any thing herein conteyned to the contrary notwithstanding Although expresse mention of the true yearely value or certainty of the premises or any of them or of any other guifts or graunts by us or any of our Progenitors or Predecessors to the foresaid President and Colledge or Comminaltie heretofore made in these presents is not made Or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordayned or provided Or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding IN WITNESS whereof Wee have caused these our Letters to be made Patents WITNESS our selfe at Westminster the eighth daie of October in the fifteenth yeare of our raigne of England France and Ireland and of Scotland the one and fiftieth Per breve de privato Sigillo Young Irr. in Memorand ' Scaccarii de anno octavo Regis nostri Caroli viz. inter Record ' de Termino Sancti Michaelis Ro. ex parte Rememorat ' dicti Domini Regis A Royall Charter granted to the Colledge of Physicians in London 26 Martii 15 Car. 2. CHARLES THE SECOND by the grace of God King of England Scotland Fraunce and Ireland defender of the faith c. To all to whom theise presents shall come greeting WHEREAS our most noble and renowned Predecessor King Henry the eighth late King of this our Realme of England in his princely wisdom deepely considering and by the example of forreigne well governed States and Kingdomes truly understanding how profitable beneficiall and acceptable it would be unto the whole Bodie of this Kingdome of England to restrayne and suppresse all such persons as would take upon themselves to be practisers in the facultie of Physicke being illiterate and altogether unskilfull in that facultie rather propounding unto themselves theire private gaine with the detriment of his Majesties subjects than to give relief in time of necessity And likewise duely considering that by the rejecting of those illiterate and unskilfull practizers those that were learned grave and profound practisers in that facultie And alsoe the industrious Students of that profession would bee the better incouraged and inabled in theire studies and endeavours For which and many other weightie motives causes and considerations our said Royall and Princely Predecessor King Henry the eighth by his Letters Patents bearing date at Westminster the three and twentieth day of September in the tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establishe a Colledge Comonaltie or Incorporation of Physitians in the Cittie and Suburbs of London and for seaven miles every way in distanee from the same to bee remayne and have existence for ever And by the same Letters Patents our aforesaid noble Predecessor did further give and graunt unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said facultie of Physick in the aforesaid Cittie of London that they and all of the said facultie of Physick of and in the aforesaid Cittie of London should for ever from thenceforth bee in name and deed One body Comonaltie and Colledge AND further by the same Letters Patents did give and graunt unto the said Colledge and Comonaltie full power abilitie and authoritie for ever annually to elect and make one of the said Colledge or Comonaltie to bee President of the said Colledge Corporation and Comonaltie And that the same President soe elected and made and the said Colledge and Comonaltie should have perpetuall succession and a Common Seale for the behoofe and benefitt of the said President Colledge and Comonaltie and their Successors for ever And alsoe by the said Letters Patents did further give and graunt unto the said President Colledge and Comonaltie and their Successors divers and sundry other liberties priviledges immunities power abilitie and authoritie not onely to and for the benefitt advantage and comodity of the aforesaid President Colledge and Comonaltie and theire Successors but alsoe for the more certaine and easier discovery speedy restraint and certaine repressing of the before mentioned unskilfull and illiterate practizers in the facultie of Physick aforesaid as by the same Letters Patents remayneing of Record amongst other things therein conteyned more plainely and fully it doth and may appeare WHICH said Letters Patents and all and every
Physitians in the Cittie of London shall be and remayne at all times hereafter for ever persons able and in Lawe capeable to have purchase receive possesse hold and enjoy any Mannors Lands Tenements Liberties Priviledges Franchises Iurisdictions and Hereditaments whatsoever of what name nature qualitie kind or condition soever the same or any of them shall bee to them and their successors in fee and perpetuity or otherwise And alsoe Goods and Chattells and all other things of what name nature quality or kinde soever the same be And alsoe by the same name to give graunt demise alien assigne and dispose the said Mannors Lands Tenements and Hereditaments Goods and Chattells And alsoe to doe and execute all other things lawfull necessary and convenient for the common profitt of the said Colledge And alsoe by the same name of the President Fellowes and Comonalty of the Kings Colledge of Physitians in the Cittie of London They shall and may for ever hereafter pleade and be impleaded answere and be answered unto defend and be defended in all and whatsoever Courts and places and before whatsoever Iudges and Iustices and other Persons and Officers of us our heires and successors in all and singular Actions pleas suites quarrells causes matters and demaunds whatsoever of what name nature qualitie or kind soever the same are or shal bee in the same manner and forme as any other subjects of this our Kingdome of England being persons able and capeable in Law or any other body Corporate or Politique within this our Kingdome may or can have purchase receive possesse give grant demise alien assigne and dispose pleade and be impleaded answere and be answered unto defend and be defended doe performe or execute And alsoe that they and their successors shall and may for ever hereafter have a Common Seale to serve and use for all causes matters things and affaires whatsoever of them and theire successors which shall alwayes bee and remayne in the custody and keeping of the President of the said Colledge of Physitians for the tyme being And that it shall and may bee lawfull to and for the President and Fellowes of the same Colledge or the major part of them for the tyme being to breake alter change or make new the said Seale from tyme to tyme att theire wills and pleasures and as to them shall séeme requisite and fitt AND alsoe from tyme to tyme and att all tymes hereafter to use and dispose of the Common Seale of the said Colledge for the time being in and about all things matters and affaires whatsoever of or concerning the same Colledge and Corporation in such manner as to them shall seeme fitt and requisite AND for the better order rule and governement of the said Colledge and Corporation and the matters and things thereof and the due and orderly correcting and punishing of all offences and offenders within the power and jurisdiction of the same Colledge and Corporation WEE doe by theise presents for us our heires and successors will ordeyne constitute declare and graunt that there bee and for ever hereafter shal bee forty Fellowes of the said Colledge and Corporation hereby constituted And that thereof att present and for ever hereafter there bee one President Tenn Elects and fower Censors duely appointed nominated and chosen to bee and shall bee respectively President Elects and Censors of the same Colledge and Corporation And all the same Fellowes President Elects and Censors respectively to bée and shalbée from tyme to tyme nominated elected and chosen and have being and continuance as such respectively in manner and forme and to all intents and purposes as in and by theise presents is hereafter mentioned and declared AND further We doe by theise presents for us our heires and successors will ordeyne constitute and appoint Sir Edward Alston Knight Sir Francis Prujean Knight Baldwyn Hamey Francis Glisson Peter Salmon George Ent George Bate Alexander Frazier William Stane John Micklethwait Nathan Pagett Jonathan Goddard Edmond Trench John King Thomas Cox Henry Stanley Daniell Whistler Charles Scarburgh Thomas Wharton Christopher Merrett Samuell Collins Luke Rugeley John Wilby Sir William Pettie Knight Christopher Terne Sir John Baber Knight John Hale Edward Greaves Thomas Croydon Gabriell Beauvoir Thomas Wolfe Martin Luellin Sir John Finch Knight Thomas Baynes William Quarterman James Hide Humfry Whitmore Robert Waller Peter Barwicke and Robert Morrison Doctors in Physicke the first and present Fellowes of the same Colledge and Corporation And to bée and continue Fellowes of the same Colledge and Corporation and to hold exercise and enjoy the office or place of Fellowes of and in the same Colledge and Corporation respectively for and dureing theire severall and respective naturall lives unlesse in the meane tyme for evill governement or misbehaving themselves in the same office or place or for Nonresidence otherwise than while they or any of them respectively shal bee or continue in the service of us our heires or successors without Licence under the Seale of the Colledge and Corporation aforesaid or under the Privy Seale of us our heires or successors or for any the like reasonable cause they or any of them respectively shal bee removed AND Wee doe by theise presents for us our heires and successors will ordaine constitute and appoint the said Sir Edward Alston Knight the first and present President of the same Colledge and Corporation And to bee and continue President of the same Colledge and Corporation and to hold exercise and enjoy the same office or place of President of and in the same Colledge and Corporation from the makeing hereof untill the morrowe of the feast of Saint Michaell the Archangell next ensueing the date hereof and from thenceforth untill another President shall bee in due manner elected and sworne according to the tenor true intent and meaning of theise presents AND Wee doe further by theise presents for us our heires and successors will ordeyne constitute and appoint the said Sir Edward Alston Sir Francis Prujean Baldwyn Hamey Francis Glisson George Ent George Bate Alexander Frazier William Stane John Micklethwaite and Nathan Pagett to bee the first and present Elects of the same Colledge and Corporation and to be and continue Elects of the same Colledge or Corporation and to hold exercise and enjoy the office or place of Elects of the same Colledge and Corporation for and dureing theire severall and respective naturall lives unlesse in the meane tyme for any reasonable cause as aforesaid they or any of them shall bee removed AND Wée doe by theise presents will ordaine constitute and appoint the said George Ent John Micklethwaite Daniell Whistler and Christopher Merrett the first and present Censors of the same Colledge and Corporation and to bee and continue Censors of the same Colledge and Corporation and to hold exercise and enjoy the office or place of Censors of and in the same Colledge and Corporation untill the morrowe of
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
graunt unto the said President Fellowes and Cominalty of the said Colledge and Corporation and theire Successors That the said Censors or any thrée of them for the tyme being shall and may have free full and absolute power and lawfull authority att all tyme and tymes when and as often as to them as aforesaid shall seeme meete and convenient att fitt and seasonable tymes of the day to enter into the House Shopp Cellar Vault Workhouse or Warehouse or any other the roome or roomes of the house or houses of any Apothecary Druggist Distiller of Waters Oyles or other Compositions for the ends aforesaid or of any other person or persons that now doth or hereafter shall putt or sett to sale any Medicine Druggs Waters Oyles or Stuffe used or to be used for Medicines within the aforesaid Citties or Suburbs of London and Westminster or within seaven miles thereof And then and there to search viewe trye examine and see the said Medicines Wares Druggs Waters Oyles Medicines and Stuffes of such Apothecaries Druggists Distillers Preparers or Sellers of Waters Oyles or Medicines or other person or persons as aforesaid and to examine them upon Oath or without Oath as they shall think best concerning the Receipts and Compositions thereof And all such Medicines Wares Druggs Waters Oyles and Stuffe as the said Censors or any thrée of them as aforesaid shall find to be defective corrupted or not meete or convenient to be ministred or used in Medicine for the health of mans body they the said Censors or any thrée of them shall or may take burne or otherwise destroy the same or cause to bée taken burned or otherwise destroyed according to their discretions AND in case any opposition or denyall shalbée made soe that by occasion thereof such entry search and examination as is aforesaid cannot be made according to the true intent and meaning of theise presents That then and soe often and in every such case every person and persons soe opposeing or denying and occasioning the same shall for every such offence forfeit and pay unto the President Fellowes and Comonalty of the Colledge and Corporation aforesaid and theire Successors the summe of forty shillings of lawfull money of England to bée had and recovered by leavy and sale of the goods of the person and persons soe offending or imprisonment of his or theire person and persons untill payment thereof shalbée duely made or otherwise in such manner as other Fines and Amerciaments or any of them hereafter mentioned are or may bée had leavied or recovered AND We doe further for us our heires and successors give and grant unto the said President Fellowes and Cominaltie of the said Colledge and Corporation and theire Successors That the President and Censors or Vice-president and Censors of the Colledge and Corporation aforesaid in the absence of the President or any thrée of them for the tyme being whereof the President or in his absence the Vice-president to bée one shall and may have full power and absolute authority att all tymes when and as often as to them shalbée thought meete and reasonable to send for summon convent and cause to appeare before them the said President and Censors or Vice-president and Censors of the same Colledge and Corporation in the absence of the President or any thrée of them for the tyme being whereof the President or in his absence the Vice-president for the tyme being to bée one att such tyme and place tymes and places within the aforesaid Citty and Suburbs of London and Westminster or within seaven miles thereof all or any such Apothecaries Druggists Distillers Preparers or Sellers of such Waters Oyles or Medicines as aforesaid or any other person or persons whatsoever useing the Art or Mystery of an Apothecary or Druggist or the Trade or Craft of a Distiller Preparer or Seller of Waters Oyles or Medicines or that shall putt or sett to sale any Stuffe Druggs Waters Oyles Medicines or other things whatsoever apt fit or used for Medicines either Simple or Compound within the aforesaid Citty and Suburbs of London or within seaven miles from the same AND if such person or persons soe summoned or warned as aforesaid upon reasonable summons and garnishment to him or them in that behalfe made haveing noe reasonable cause to the contrary shall not accordingly make his or their personall appearance before the President and Censors or Vice-president and Censors of the Colledge aforesaid in the absence of the President or any thrée of them for the tyme being as aforesaid att such tyme and place as by the said President and Censors or Vice-president and Censors or any thrée of them as aforesaid shall bée reasonably limitted or appointed THEN Wée doe by theise presents declare That it shall and may bee lawfull to and for the aforesaid President and Censors or Vice-president and Censors or any thrée of them for the tyme being as aforesaid to impose and inflict such reasonable Penalty Fyne and Amerciament upon euery such person or persons soe makeing default of appearance as the said President and Censors or Vice-president and Censors or any thrée of them as aforesaid shall thinke meete in that behalfe soe as such Fyne or Amerciament for any one such default exceed not the summe of twenty shillings of lawfull English money AND if any person or persons summoned as aforesaid shall make his or their personall appearance before the aforesaid President and Censors or Vice-president and Censors for the tyme being or any thrée of them as aforesaid att such tyme and place as is or shall bee lymitted or appointed And then and there it shall appeare unto the said President and Censors or Vice-president and Censors or any thrée of them as aforesaid That the said person or persons soe appeareing then or of late had putt or sett to sale any Wares Druggs Waters Oyles Medicines or Stuffes defective corrupted or not meete or convenient to bée ministred in Medicine for the health of mans body or that any such person or persons soe summoned and appeareing as aforesaid then or of late had made or compounded or delivered out any Medicine either simple or compounded differing from and not agreeable in name nature and quantity unto the prescript or direction delivered unto the said person or persons before the makeing compounding or delivery of the said Medicine Then the said President and Censors or Vice-president and Censors in the absence of the President or any thrée of them for the tyme being whereof the President or in his absence the Vice-president to bee one shall have full power and authority to impose a reasonable Penalty Fyne and Amerciament upon all and every person and persons soe offending soe as the same Penalty Fyne and Amerciament for any one fault or offence exceed not att any one tyme the summe of thrée pounds of lawfull English money and further to imprison such offender untill he haue made
satisfaction and payment of the same fyne soe imposed upon him for the same offence AND FORASMUCH as Wee are well satisfied in our selfe and hold it most reasonable and requisite that a like care and consideration should bée had and taken of all our good subjects inhabiting or resident in other the Diocesses and parts of this our Realme of England not herein abovementioned nor provided for in matters concerning the good and health of their bodies which to effect and to the end that the abuses and irregularities abovementioned may in those parts bee seasonably corrected or tymely prevented and none but able learned and well qualified persons admitted to exercise and practise in Physicke in the parts of this our Kingdome without our said Citty of London and Westminster and the lymitts of seaven miles aforesaid OUR WILL AND PLEASURE is And Wée doe by theise presents for us our heires and successors Grant Constitute and Ordeyne that all and every person and persons whatsoever now or hereafter willing or desirous to exercise or practise Physicke in any the parts of this our Kingdome without the Citties and lymitts aforesaid Doe and shall before hée or they or any of them respectively make any open profession thereof Offer and submitt themselves to the examination and tryall as to their severall abilities and qualifications requisite in that faculty of the President and Elects or Vice-president and Elects in the absence of the President of the Colledge aforesaid or any foure of them for the tyme being whereof the President or in his absence the Vice-president for the tyme being to bée alwayes one To the end that such person and persons as on such Examination or Tryall shall appeare to bée able and qualified for the exercise of that faculty may bée approved and allowed of by testimoniall in writing under the particular hands of the persons respectively so examining and approveing them AND WEE DOE hereby will and require and by theise presents for us our heires and successors give and grant unto the President and Elects of the Colledge aforesaid and in the absence of the President to the Vice-president and Elects of the same Colledge for the tyme being or any foure of them whereof the President or in his absence the Vice-president for the tyme being to bée one from tyme to tyme to receive send for and call before them all and every such person and persons that is or shall be willing or desirous or shall begynn or venture to exercise or practise in the said faculty of Physicke within any the parts of this our Realme of England without the Citty and lymitts aforesaid And them and every of them well faithfully and exactly to examine and make tryall of their severall and respective qualifications and abilities as to the said faculty of Physicke and the exercise and practice thereof And to allowe lycence and approve of such and soe many of them as shall bée by the said Examiners respectively as aforesaid adjudged able and qualified for that profession And thereupon to make and give unto them and every of them soe approved of as aforesaid a testimoniall in writing under the hands of the Examiners respectively as aforesaid AND alsoe to refuse suppresse and reject all and every such person and persons as to the said Examiners respectively appointed as aforesaid shall from tyme to tyme appeare to be insufficient or not duely qualified for the exercise of that faculty AND FURTHER by all just and lawfull wayes and meanes possible in the future to the utmost of their power to prevent or tymely to reforme and correct the abuses irregularities and enormities aforesaid in all and every the parts of this our Realme without our said Citty of London and Westminster and lymitts of seaven miles aforesaid AND our further will and pleasure is And Wee doe by these presents for us our heires and successors Graunt Constitute and Ordayne that noe person or persons whatsoever Except hee or they bee a Graduate or Graduates of Oxford or Cambridge which have or hath accomplished all things for his or their forme without any grace shall doe or may from henceforth exercise or practise or bee permitted to exercise or practise in the said Art or Faculty of Physicke in any part or parts of this our Realme of England without our said Citty and the lymitts aforesaid untill he or they respectively shall be examined tryed and approved of as aforesaid and have and receive a Testimoniall thereof in writing as aforesaid upon paine of forfeiting of five pounds of lawfull money of England unto the said President Fellowes and Comonalty of the Colledge aforesaid and their Successors for every Moneth wherein any such person or persons shall soe exercise or practise in the said Art or Faculty of Physicke as aforesaid being not duely examined and approved of or haveing not had or received his Testimoniall as aforesaid All and every such forfeiture summe and summes of money to be had and recovered in such manner and by such wayes and meanes as the said penalty or forfeiture of Tenn pounds the Moneth for practising without lycence within our said Citty of London or seaven myles thereof as aforesaid is ought or may bee had sued for obteyned or recovered And in which Actions Suite or Suites to bee had brought or prosecuted noe Essoyne wager of Lawe or protection shall or ought to bée admitted or allowed for or to any Defendant or Defendants therein AND WEE WILL and for us our heires and successors Doe hereby graunt that the Playntiffe and Playntiffs in all and every Action and Actions Bill Suite Plaint or Information hereafter brought or to bée brought exhibited or prosecuted for the recovery and obteyneing of the said severall paynes or forfeitures of Tenn pounds the Moneth and five pounds the Moneth any or either of them wherein such Playntiffe or Playntiffs shall or ought to have recover or obteyne his or their Iudgment therein respectively shall have and recover his and theire reasonable Costs of suite to bée from tyme to tyme taxed and assessed by the Iudge Iudges or Iustices of the Court wherein such Action or Actions Bill Playnt or Information shall be brought or prosecuted as aforesaid and shall alsoe have his and theire Execution and Executions for the same in such manner to all intents and purposes as in any Action of debt Case or Trespass is now used or ought to bée had given or done in any of our Courts of Record att Westminster And that the Defendant and Defendants in every such Action and Suite Bill Playnt or Information wherein Iudgment is or ought to bee given for such Defendant or Defendants shall have and recover his and theire Costs of suite in such manner as in any Action or Actions of Debt Case or Trespasse is nowe used or ought to bée had or given in any of our Courts aforesaid AND WEE DOE hereby for us our heires and successors impower and
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
Brook Lord Chief Justice of the Common Pleas. To all Justices Mayors Sherifes Bailifes Constables and other Ministers and Officers and to all other to whom it apperteyneth the Praesident and College of Physicions in London sendeth gretyng WHere it hath pleased our late Soveraigne Lord and King of famose memory Henry the Eight with the consent of his Parliament holden at Westminster in the 14 and 15 of his gratiose reigne And our Soveraigne Lady Queen Mary with the consent of hir Parliament holden at Oxford in the first yere of his Reigne to give authority unto us the Praesident and College of Physicions in London for the helth and safetie of their Subjectes to survey oversee examyn judge correct and govern al Physicions foren and others together with their Medicines which practise within the City of London the Suburbes of the same seven miles compasse and the rest of England with authorite to committe al offenders against the said Actes for their offenses or disobediences to all their Prisons And comandement to yow all upon request to yow made by us to helpe aide and assiste us and all persons by us from time to time authorised for the due execution of the said Actes and Statutes upon payne for not gevyng such aide and assistence to runne in contempt of the Quenes Majeste her heires and successors We desire yow all and by virtue of the Lawes abovementioned do require yow and every one of yow as you tendre the good meanyng and due execution of the said Actes and Lawes and also your owne healthes lyves and sanitie of your Cuntres that yow aide and assiste our welbelovyd N. by us authorised in al such thinges as he shall require your aide and helpe for the due execution of the said Actes and Lawes for that we understand by complayntes made unto us that many lewde undiscreete and unlearned persons as wel strangers as of our owne nation be resident in your Cities Townes and Countreis and others wandryng about in the same with chaungeable names and false medicines to your gret abuse deceyte of the Kynges people and losse of goods and lyves of the same Yeven at our College in London under our commune Seal the xxth day of Septembre in the yeare of our Lord God 1556. And in the third and forth yeare of the Reigne of Philip and Mary by the grace of God Kynge and Quene of England Spayne Fraunce both Sicilies Ierusalem and Irelande Defendors of the Faith Archdukes of Austrie Dukes of Millane Burgundy and Brabant Counties of Haspurge Flaunders and Tyrolle According to the purport of the forementioned Letter the College constituted seeral Visitors to whom they granted authority in their name that they should not suffer any to practise Physick throughout England unless such as had taken their degrees in Cambridge or Oxford without grace or were licensed by them or the College under their publick Seals All others were obliged to enter into recognisance that they would not practise till they had been examined and approved by the President and Elects of the College under their Hands and Seals Such as did refuse to give obedience to these Laws were by the Justices Mayors and other Officers committed to Prison till they submitted to the due execution of them In the third year of the Queen's Reign the Surgeons and Apothecaries were prohibited the practising of Physick and the latter required that they should not divulge the names of Medicines nor deliver Physicians Bills to the Patients they often proving of dangerous consequence to them Several Empiricks were likewise prosecuted and punished and others forced to flee the Town In the 4th year of the Queen's Reign the College summoned before them the Wardens of the Grocers and all the Apothecaries of London and the Suburbs thereof and enjoyned them that when they made a dispensation of Medicines they should expose their several Ingredients of which they were compounded to open view in their shops for 6 or 8 days that so the Physicians passing by might judge of the goodness of them and prevent their buying or selling any corrupt or decayed Medicines the Wardens as well as the Apothecaries were willing to submit to the judgment of the Censors in this affair After this the following Letter from the Queen was read to the Wardens and Apothecaries To our trustye and welbelovyd the President and College of Physicians within our City of London TRustie and welbeloved we grete yow well And where our derest Father King Henry the Eight by his Acte of Parlament in the xxxii yere of his Reigne did give full Authorite and powre unto the President for the tyme beyng of the College of Physicions in London and the Commones and Felowes of the same and their Successors that thei yerely at such tyme as thei shuld thinke mete might serche view and examyne al such Poticary wares and drugs as the said Poticaries have or at any tyme after shuld have and thereof all such druggs as they shuld finde unholsome and corrupted to burne and destroye accordyng to the meanyng and purporte of the said Acte confirmed and enlarged by us the said Quene in our Parlament in the first yere of our Reign We consideryng how necessarie it is that the said Acte sholde be executed for divers considerations towching healthe and saulftye of our liege people and for the avoyding of the like daunger and gret inconveniences that may herafter chance and were like to have chaunced lately to one of our Nobilite by ignorance of the Byar and negligence of the Seller of certeyn wares Doe streightlye wyll and command yow not onlie from henseforthe to put the said Acte in dewe execution but also by theis presents doe give you like charge and therewith full power and authorite to call and convent before yow the Wardens of the Grocers and al the Apothecaries within the limitts and precincts of your liberties and priviledges to yow graunted by us and our Progenitors and the Parlaments above specified and them streightly to charge and commande by authorite herof that from tyme to tyme hensforthe nether thei nor anye of them do entreprice to sell or retayle any such wares drugge or druggs as hath in theim anie spice of venome or suspicion of poyson or such other as by the receivyng of them at the handes of anie unlerned or of anie malitiouse or evyll disposed person maie by anie meanes greviously hurte or put in perille or daunger of lief anie of our Subjectes of what estate or degre soever he or thei be Onlesse the seller of anie of the said druggs be well assured of the honestie true dealyng and good intent and skille of the byar And first examyn the same for what intent or purpose he buyth the same and therewithall to note the name of the buyer and tyme of the buying Or else that the said Grocer or Apothecarie have with him remainyng the hand-writing of some discrete well lerned and authorised Physician for his discharge Willing
confessed that she had given him Physick but said it was innocent but the matter of fact was so notorious and the event so fatal that she was forthwith committed to Prison and fined 5 l. Dr. Saul being made one of the Queen's Physicians and yet an illiterate and ignorant person in his profession the College ordered the following Letter to be presented to the Right Honourable the Lord Sidney RIght Honorable and our very good Lord The great care that your good Lordship hath for the preservation of her Majestie 's health as it is right well knowen to others so hath it been fully signified unto us by the speech of Dr. Browne Physition to his most excellent Majesty In regard whereof we perceive by him it is your pleasure that your Lordship might be rightly and thoroughly enfourmed of the true sufficiency of one Saul who is entertained into her Majestie 's service a matter of noe small moment touching her Majestie 's health and safety Wherein we are thus much to say in respect of our bounden duty and upon our credits That this said Saul in the year 1591. made his appearance at our College upon one of our solemne meeting daies there to be examined for his skill and sufficiency in Physick and there being orderly opposed in the Latine tongue according to our custome and as we are bound to do stood mute and answered not one woord ether for that he woold not or coold not understand us Then being demanded in English what part of Galen or other good Authors he had read He answered that he had read Galen all over Then being required to name some one book or other of the said Author that he said he had read to the end he might have been examined with all favour in that book which he was best acquainted with He coold not so much as name any one book of his And for that he then shewed us certain Letters testimonial of his Doctorship at the University of Leyden gotten by what corrupt and indirect means we know not we requested him to impart those questions unto us wherein he answered when he proceeded Doctor But herein also he refused to name any one of them unto us Whereupon his ignoraunce so manifestly appeared unto us as we coold do no lesse upon our Oathes then to forbid him from practice at that time and thereupon immediately wrote our Letters to one Heurnius Doctor of the Chair there sharply reprehending him for committing such an error and for suffering such grosse abuses to the great discredit of themselves and their University who promised the like fault should never be committed again And from that time till now of late we never heard more of this Saul and doe not a little marveile how he cometh by this credit in Physick unlesse either by infusion learning hath been powered into him or els by some extraordinary means he hath of late obtained a special gift of healing And thus having most faithfully discharged our dutie to your good Lordship not with any malitious mind to the party but in regard of our loyall fidelitie to her Majestie we most humbly take our leave About the Second year of King Iames his Reign a Copy of the Surgeons Letters Patents which they had procured from the King's Majesty for enlarging their Privileges was read to the College which being found long and full of Law subtilties It was ordered that some of the Fellows should examine and compare their Old Charter with their New which being done and reported to the College the President with two of the Elects waited upon the Lord Cranbourne to acquaint him what great inconveniences and mischiefs would ensue not onely as to the privileges of the College of Physicians but likewise as to the publick good of the whole kingdom in case their Letters Patents were passed Notwithstanding the Surgeons presented a Petition in Parliament to procure an authority for prescribing inward as well as outward medicines in Wounds Ulcers and French Pox a Copy of which is the following To the Honourable Knights Citizens and Burgesses of the House of Commons in his Majestie 's high Court of Parliament assembled The humble Petition of the Masters or Governors of the Mystery and Commonalty of Barbers and Surgeons of London Most humbly shewing THat whereas it hath pleased his Majestie to grant unto the College of Physicians of London a Patent under his Majestie 's great Seal of England and thereby hath given them not onely many large privileges and other grants but also power to call and convent before them in London and 7 miles compasse and to examine upon Oath the servant or attendant upon any person or persons that shall either give or take Physick and in fine to imprison at their pleasure all such persons as doe or shall administer any internall remedy whatsoever By reason whereof they doe not onely take unto themselves the Arts of the Physician Chirurgion and Apothecary but doe likewise goe about to restraine your Petitioners from using unto their grieved and wounded Patients such wound-drinks Potions and other inward remedies as they by their long practice study and tried experience have found most necessary for the recovery of their diseased Patients as well in the City of London as in all his Majestie 's services both by Sea and Land in preserving both their lives and limbs and without which many times they cannot performe their Cures nor give such speedy ease and remedy to the grieved Patients as otherwise they may and can doe which Patent is very prejudicial not onely to your Petitioners but to all his Majestie 's subjects who shall have occasion to use their help and will prove a great and heavy burthen to the Common-wealth in general when for every hurt apperteyning to the Chirurgions cure the Patient must be forced to entertain a Surgeon a Physician and an Apothecary The humble Suite of your Petitioners is that this honourable House will be pleased to take the same Patent into your grave considerations and the unlawfull privileges and hurtfull power to them given to set Fines to take Recognizances inflict Imprisonments and other authorities grievous to his Majestie 's subjects and to them given by the same Patent being by your wisdomes weighed and examined and the Petitioners with their Councell heard that this honourable House upon hearing thereof being truly informed of the said generall wrong such course may be therein taken through your Justice and grave Wisdomes as may tend to the relief of your Petitioners and the good of the Common-wealth And they as in duty bound shall daily pray to God for your ever during prosperities c. Your Petitioners preferring their Petition to his Highnesse touching the Premises his Majesty was thereby graciously pleased to leave the Petitioners free to seek any lawfull remedy for their grievances either in Parliament or otherwise Rich. Cooper Tho. Allen. Rich. Mapes E. Ingolsbye Will. Clowes Iohn Woodall Tho. Bonham Christoph Frederick C.
About 3 months after Dr. Rawlins accused him of illegal and evil practice in that he had undertaken the cure of a person complaining of an Arthritick disease by Unction Sweating Potions Purging Physick c. for which he was fined 5 Marks and obliged to give bond for the payment He paid 3 l. 4 months after and upon his submission was remitted the rest He was again charged by Mr. Patinson for practising Physick upon one Mrs. Blosse which at first he would have excused but then ingenuously confessed it and was onely fined 4 Marks Some time after a fine of 40 s. was imposed upon him de praxi medica illicita mala He notwithstanding persisted in practice confessing that he gave a drink to a Gentlewoman for 3 days to dry up a moisture that he supposed came from her back for which he was fined and committed to prison and though application was made to the College by the Lord Mayor yet the President and Censors would not consent to his release because he was committed pro mala praxi A Petition not long after was presented to the College against him for undertaking a cure for 10 l. of which he had received half and left the Patient worse than he found her He was likewise complained of for mala praxis in Child-bed women c. upon which the Censors interdicted him all practice Mr. Doughton a Surgeon was complained of by Mr. Flud an Attorney for that he had undertaken the cure of his Wife ill of a Maniack distemper for 20 l. and had done her little or no good for after a month or two she relapsed into as bad a condition as formerly But he confessing his fault and having been never before convicted of the like the President and Censors inflicted onely a fine of 40 s. upon him with an admonition that for the future he should not intrude himself into a profession that he understood not After this he was charged with a very inhumane and unskilfull practice upon a woman in labour by which both Mother and Infant perished which was proved against him by the Midwife Wherefore the President and Censors order'd his repayment of 5 l. which he received by agreement and required a bond of 200 l. that he should never profess or practise Midwifery for the future Edward Putman an old German Impostor brought a Letter from the Earl of Exceter in favour of himself Wherefore he was examined leniter tentandi causa by the President and Censors But found so egregiously ignorant that he knew not the definition of a disease nor the several species thereof Wherefore it was agreed by the Censors that out of respect to the Right honourable the Earl of Exceter he should be pardoned for his former Practice but interdicted for the future and that a Letter should be sent to the Earl to acquaint him with the proceedings of the College in this affair Mrs. Sadler being charged of illegal practising Physick she appeared with 3 or 4 of her Neighbours and confessed that she had given some Compositions which by chance might purge twice or thrice but she gave no Medicines This vain excuse of hers deserved a greater punishment but at that time the Censors onely order'd that her Neighbours which she brought along with her should engage on her behalf that she should not practise for the future which they did by subscribing their names to a Paper drawn up for that purpose Philippus Bernardinus an Italian was charged for selling a purging Medicine which he pretended was not brought into England by him but vended for a Merchant to whom he was to give an account but withall confessed that he had given one dose of it to a person sick of a Fever Wherefore he was obliged in a bond of 40 l. to appear at the next Comitia which he did and was by the Censors fined 20 l. and ordered to be imprisoned untill that sum was paid Mrs. Paine a bold and impudent woman was complained of by a Gentlewoman for practising Physick and undertaking the cure of several persons amongst whom was a Son of hers of 13 years old to whom she gave as she said gentle Pills which wrought the same day 40 times and the day after near as many She then anointed the Child's body head and all parts the Stomach onely excepted for 3 days and for 9 days after sweat him with hot tyles never suffering him to go out of his bed Notwithstanding a salivation appeared not but his Jaws and glands swelled so violently that they despaired of the Child's life After this a servant of one Mr. Crowder appeared before the President and Censors testifying that he was sent to Mrs Paine and that she alone without any other advice had undertaken the cure of his Master and had received of him 5 l. which she thought too mean a reward having neglected more valuable Patients at the same time At her first coming to him he was so well that he could walk about his Garden but having taken from her a Vomit and preparatory Medicine and after that been anointed thrice on his head back breast armes and thighs with a Mercurial Ointment he died under her cure She being hereupon summoned to appear before the President and Censors pretended that all she had done was by the order and authority of Dr. Bonham But being a second time cited to appear before them upon a penalty of 40 s. and yet neglecting to come she was fined 10 l. and order given for her commitment to prison with a total prohibition of practice In the 7th year of this King's Reign the following Warrant was sent from the King's Council to the Magistrates of the City of London for the attachment of Empiricks To all Justices Mayors Sheriffs Bailiffs Constables Headboroughs and all other his Majestie 's Officers and Ministers to whom this shall or may appertain within the City of London Suburbes and Liberties thereof and the limitts within mentioned and to every and either of them WHereas by the Laws and Statutes of this Realm power is given to the President of the College or Commonaltie of the faculty of Physick within the City of London and Suburbes thereof and seaven miles compass of the same for the time being or to such as the same President and College for the time being shall according to the Statute in that behalf made authorize to have the fyne search correction and government of all persons using the faculty of Physick within the limits aforesaid and to punish all such as shall unlawfully use or practise the said faculty within the same Precincts contrary to the true intent and meaning of the Statute in that case made with this further authority that all Iustices Mayors Sheriffs Bailiffs Constables and other Ministers and Officers within the City of London and Precinct aforesaid upon request to them made should help aid and assist the President of the said College and all persons by the said President and Commonalty from