remove presentments upon which process may be awarded in this Court The Reason why 't is not sufficient to plead the Tenor of Letters Patents or to shew or produce to the Court the Tenor of Letters Patents as in Pages case is resolved is because the Letters Patents are the private conveyance of a particular person and therefore he must plead and shew forth and produce to the Court the Letters Patents themselves and the Tenor thereof was not sufficient at the Common Law But upon nul tiel Record pleaded a Certificate of the Tenor onely and not of the Record it self hath always béen held a sufficient proof of that issue and the Tenor certified is to be filed in this Court and to remain here always to this purpose onely viz. as a proof of this issue but the Record it self remains where it was before to be made use of for any purposes that may happen hereafter The rest of the Iudges were of the same opinion and so Iudgment was given for the Plaintiff De Termino Sanctae Trinitatis Anno 28 Car. secundi 1676. Banco Regis The King and the President and College of Physicians Plaintiffs against Marchamont Needham Defendant THe President and the College qui tam c. brought an action of debt upon the Statute of 14 H. 8. cap. 5. for so much money against the Defendant for practising Physick for so many months without licence of the College whereby he was to forfeit 5 li. per month one moiety thereof to the King and the other moiety to the President and College The Defendant pleaded as to part of the money in the Declaration mentioned nul tiel Record as the said Act of Parliament and as to the Residue of the money the Defendant pleaded nil debet The Plaintiffs demurred to the Barr. The cause of the demurrer was for that the Defendant's plea was double viz. it contained two matters one whereof alone would go in answer to the whole money in the Declaration mentioned and would of it self be a good and full Barr to the Plaintiffs Action in case the said matter be true as the Defendant alledgeth and that is the matter of nul tiel Record and therefore the pleading of nul tiel Record to part onely and the pleading of other matter viz. nil debet to the residue makes the Defendant's plea in Barr to be vicious and to be an ill plea in Law The Councel for the Defendant did then object that the Plaintiffs Declaration is naught 't is an action of debt brought by the President and College qui tam c. upon the Statute and an action of debt doth not lie the Plaintiffs should have brought an information upon the Statute and not an Action of debt upon the Statute for the Statute doth not give an action of debt and therefore an action of debt doth not lie Twisden Iustice answered that an action of debt doth lie by equity and construction of the Statute Jones Iustice said that in the Statute of Tithes in 3 Ed. 6. no action of debt is mentioned and yet an action of debt lies upon that Statute and so here Thereupon Rule was given by the Court that Iudgment should be entred for the Plaintiffs In Mich. Term. Anno Car. secundi xxvi THe College brought their Action against John Bourne to which he pleaded nil debet and upon tryal of the Cause at Guild-Hall before Iudge Twisden the Plaintiffs recovered 40 li. Trin. xxxv Car. secundi THe President and College c. brought an Action of Debt upon the Statute of the 14 of H. 8. against Frederick Harder for practising Physick and thereupon had a Verdict against him at Westm for 25 li. which he paid and the Costs that were taxed The same Term they had a Verdict against Nathaniel Merry for 40 li. and against Richard Stone for 45 li. College Questions resolved by the Lord Chancellor and Judges in the fifth of King James his Reign An. Dom. 1607. THe King 's most Excellent Majesty having directed his Letters to the Right honourable Thomas Lord Ellesmere Lord Chancellor of England and to Sir John Popham Knight Lord Chief Iustice of England and one of his Highness's most honourable Privy Council They the said Lord Chancellor and Lord Chief Iustice by virtue of the same Letters called unto them Sr. Thomas Fleminge Knight then Lord Chief Baron of his Majestie 's Court of Exchequer Sir Thomas Walmesley and Sr. Peter Warburton Knights two of his Majestie 's Iustices of the Court of Common Pleas and Sir David Williams and Sir Laurence Tanfield Knights two of his Majesties Iustices of the King's Bench and after due consideration had both of the Charter of King H. 8. made unto the said President and College of Physicians in the tenth year of his Raign and several Acts of Parliament thereof made one in the 14 year of the same King and the other in the first year of Q. Mary for the ordering and governing of the said College and of all the Practisers in London and 7 Miles compass did on the first of May 1607. at the house of the said Lord Chancellor called York house resolve the several questions hereafter mentioned as is expressed under every Question Tho. Harries These Questions were resolved as is expressed under every question by the right honorable the Lord Chancellor of England Lord Chief Iustice of England the Lord Chief Baron of the Exchequer Iustice Walmesley Iustice Warburton Iustice Williams and Iustice Tanfield being assembled by the King's Majestie 's appointment to examine view and consider of the Charters Statutes and Laws made for the government of the College of Physicians in London and the Practisers of Physick there the first day of May 1607. at the house of the Lord Chancellor Quest 1. Whether Graduates of Oxford and Cambridge may practise in London or 7 miles compass of the same without licence under the said College Seal by virtue of the clause in the end of the Statute of 14 H. 8. and whether that clause hath not relation to the Statute of 3 H. 8. onely or how far it doth extend Resp All resolved that no Graduate that is not admitted and licensed by the President and College of Physicians under their Common Seal could practise in London or within 7 miles compass of the same Quest 2. Whether by Graduates Graduates in Physick onely are to be understood Resp They resolved That the exception in the Statute of 14 H. 8. cap. of Graduates in the two Vniversities is to be understood onely of Graduates of Physick and of no others And all resolved That by that exception those Graduates may practise in all other places of England out of London and 7 miles of the same without examination But not in London nor within the said Circuit of 7 miles Quest 3. If Graduates not admitted to practise in London practise there whether for evil practice or misdemeanour therein they be not subject to the Correction and government
limited by the said Statutes concerning the same and that none whosoever are to meddle therein without our express consent and allowance And for that we are bound by Oth and otherwise charged in dutie and conscience to see the said Statutes duely from point to point observed so much as shall lie in our power so to do and for that intent and purpose have ordained among our selves certaine solemne meetings and assemblies which are in the yeare 16 times at the least only for the sufficient inquirie of the Premises These be to signifie unto you That as we oftentimes find manie offendors in that behalf by intruding themselves into our liberties and that to the great daunger of her Majestie 's Subjects and manifest infringing of her Lawes So among that number so offending it falleth out that no few of your Company are culpable in the same whom we for the most part have hetherto forborne ether to punish or molest and that only for the good will that we have always born to you and your Societie But for that we now see by daily experience that upon our lenitie and sufferance this inconvenience more and more increaseth insomuch that both in credit and otherwise it seemeth to touch us more neere then well can be indured We have therefore thought it good to put you in mynd thereof and therewithall earnestly and freendlie to request you that among your selves some such discreet Order may be taken heerin that the like offence heerafter maie not be committed by them or any of theirs Wherein if we shall perceave you as ready to fulfill our honest request as we are willing to maintain good amytie and concord with you and your Companie we wil be very glad thereof and geve you thanks therfore If not then as we are fully minded to defend our privileges and to deale with the particular Offendors therein as order of Law and our Ordinances in that behalf requireth So we trust the body of your Societie will not be offended therewith And so we bid you most hartelie farewell this 12 of November 1595. In the 38th 1596. Roger Ienkins and Simon Read were both charged for illegal practice The first being a Surgeon by profession denied his being guilty thereof which notwithstanding was proved by his giving judgment upon Urines undertaking cures c. Wherefore he was enjoyned to pay a fine to the College give bond not to practise and interdicted that profession He submitted to the censure of the College and promised to give bond of 40 l. that he would not practise in Physick But that being afterwards proved against him the Censors committed him to prison with Read and others by the authority of the College signed with their Common Seal As for Read he being examined by the Censors in Latin according to the Custome of the College refused to answer in that language being then permitted to answer in English he likewise refused it Being then allowed to answer in writing what account he could give of any disease which he would make choice of he chose a Diarrhoea and being examined what that was he told them it was a flux of the Womb proceeding from gross humours in the Stomach He was judged illiterate and altogether unskilfull in Physick At the same time he was complained of by one Cuckston for undertaking the cure of his wife labouring under Melancholy whom he had bled purged and hanged a paper charm about her neck The Censors fined him 5 l. and committed him to Prison About a month or 5 weeks after Read procures a Letter to the College from a person of Honour in his behalf upon whose account the College agreed to deal favourably with him upon the following conditions 1. That he should release a poor man out of Prison which he laid in Gaol under the knavish pretence of a debt of 〈◊〉 when in truth he owed him nothing the whole profâ—…n being vexatious 2. That he should release another poor man from Prison and further prosecution and restore him 40 â— unjustly taken from him under the pretence of curing his wife 3. That he should be obliged to the College with good Sureties in a bond that he would not practise Physick in London nor within 7 miles of the same Which conditions being performed the Censors order'd his release from Prison and forgave him his fine After this he was summoned a second time before the Censors and charged for illegal practice he confessed it and declared that he could live by no other employment wherefore he was again committed to prison and fined 20 l. propter illicitam suam praxin About 2 months after Ienkins and Read procured a Habeas Corpus from Sir Iohn Popham Lord Chief Justice of England for their appearance before him the full account of which is thus entred in our Register April 8. 1602. There was an assembly of the President Censors and Fellows of the College convened in order to hear and consider what Ienkins and Read whom they had lately committed to prison could say for themselves why they should be discharged they having falsely made complaints of the severity and injustice of the College by which means they had procured a Writ called Corpus cum causa from Sir Iohn Popham Lord Chief Justice of England in order to a full hearing of this cause before him Wherefore the College deputed the Censors to wait upon the Chief Justice to acquaint him with the truth and Justice of their proceedings and to expect his Lordships judgment therein Accordingly they met Ienkins and Read at the Chief Justice's house highly complaining of the wrong done them by the President and Censors of the College by whose authority they were committed to prison for illegal practice and continued there for some weeks One Mr. Harris a Counsellour at Law appeared in behalf of Ienkins and Read The Chief Justice having diligently read over the Statutes of the Kingdom relating to Physick demanded of Ienkins how he durst practise that Art without a Licence from the College Upon which he first denied practice then answered ambiguously and with hesitation At length fearing lest the Chief Justice should give him his Oath he confessed that he had sometimes practised but as he thought not illegally What saith the Judge did you ever procure the College Seal to justify your practice No saith Ienkins but I practised as a Surgeon and in that art the use of inward Remedies is often necessary To which the Chief Justice answered That in such cases a Physician was to be called it being upon no such account lawfull for the Surgeon to invade the Physician 's Province The Counsel for these Empiricks objected that the President and Censors had no authority to commit to Prison but onely to leave their causes to be determined by other Judges The Chief Justice reproved their Counsel and declared that the Authority of the College in committing to prison was very legal and valid Ienkins then complained very much quod
ob raram praxin and that by the prescription of others he should have so severe a fine inflicted upon which the College Register was searched and there it appeared that before this Fine he had been 6 times accused for practice and several times had been fined in small mulcts Upon which account the Chief Justice declared that he thought it most reasonable that after he had been treated with so great clemency and yet render'd himself incorrigible he should have a severe Fine inflicted upon him And by reason that Physicians bills were often pleaded to justifie illegal practice he thought it most advisable that all Physicians for the future should write upon all their bills their Patients names and day of the month and year by which means the Cheats of Empiricks and other Impostors might more easily be detected Thus the Chief Justice having heard this cause and well approved of the censure of the College ordered that Ienkins should be forthwith returned back to Prison untill he had given satisfaction to the President and Censors Some friends of Ienkins moving that he might give security for his appearance and not be reimprisoned the Chief Justice answered that it was not in his power to grant their request for the Laws of the Kingdom had determined that as a Privilege belonging to the President and Censors It was then objected that by the Law no Citizen of London could be imprisoned per forinsecum aliquem The Chief Justice reading the words of the Statute and observing that they would bear no such sense replied that by such interpretations they might likewise infringe his authority As to Read he complained that the College had fined him more than the Statute would allow upon which complaint the Chief Justice diligently looked over the words of the Statute and declared that the College might inflict what penalty they pleased but the Keeper of the Prison was not obliged to detain his prisoner if they exceeded the fine of 20 l. He then justified his practice by a Statute made in the 34 35 H. 8. C. 8. By which it was lawfull for any person having the knowledge of herbs c. to practise at least in some diseases to which the Chief Justice answered that this he ought not to do because he was not admitted by the College In short the sum of the Chief Justice's opinion in hearing and deciding this cause was the following 1. There is no sufficient Licence without the College Seal 2. No Surgeon as a Surgeon may practise Physick no not for any disease though it be the great Pox. 3. That the authority of the College is strong and sufficient to commit to prison 4. That the censure of the College rising from lesser mulcts to greater was equal and reasonable 5. That it were fit to set to Physicians bills the day of the month and the Patient's name 6. That the Lord Chief Iustice cannot baile or deliver the College prisoner but is obliged by Law to deliver him up to the College censure 7. That a Freeman of London may lawfully be imprisoned by the College 8. That no man though never so learned a Physician or Doctour may practise in London or within seven miles without the College Licence Upon this the President and College presented the following Letter to the Lord Chief Justice To the Right Honorable Sir John Popham Knight Lord Chief Justice of England and one of her Majestie 's most honorable Privy Councill RIght honorable Albeit we acknowledge our selves to be most infinitely bound already to your good Lordship for many your most honorable favours extended to us and our Society heretofore for the which we render your Lordship most humble thanks Yet such is your Lordship's great care and continual good inclination to the maintenance of learning good orders and vertue That not onely we and our Societie that now is are now again more deeply obliged to your honor but also all our posterity in time to come shall have just cause to pray for your Lordship 's long lief and prosperity whose unspottable Integrytie hath been so well knowen to all England these many yeares and many moe shal be as we hope to the great good of our Countrie and to your Lordship's everlasting prayse and Memory and whose tender particuler favours have been so honorably and so willingly perfourmed to us of late in defence of our privileges against one Ienkins and Reade two ignorant intruders into the profession of Physick and two daungerous infringers and abusers of her Majestie 's Laws and Leege people as while the memory of the Society and College of Physitions of London shall remaine so long shall your Lordship's honorable most worthy name be celebrated and recorded among all such as ether love or professe the title of Learning And heere for our parts we protest we are right sorrie that our weaknesse is such as we are not any otherwise able moore then only by bare wordes and speeches to make manifest our inward affections and dutifull good meaning to your honor But yet all that lyttle whatever it is that lieth in our poore powre to perfourme we heere offer and present unto your Lordship with most humble devoted mynds to do your good Lordship any service that we can And so desiring to rest in your honor 's good conceyt and opinion we most humbly take our leave and praie for your Lordship 's long lief and prosperytie This 10th of Aprill 1602. Your Lordship 's most humble The President and Society of the College of Physitions in London After this upon the submission of Ienkins and request of the Chief Justice a third part of the fine of 20 l. imposed upon Ienkins by the Censors was remitted and he discharged from Prison Read likewise by the interest of the Bishop of London procured his discharge About 2 years and 4 months after Ienkins was again charged for practising of Physick which he denied but several instances of it being given he confessed that to some few Patients of Fevers c. he had prescribed purging physick c. Being then charged with selling of one sort of drink to all that came for it he confessed that he had sold such a Medicine but for the future would never do it and if in this manner or any other hereafter he should act contrary to the privileges of the College he would readily submit to the severest punishment Upon this modest confession of his and promise of not offending for the future but more especially out of respect to the Lord Chancellour in whose service he was the Censors inflicted no punishment upon him but onely interdicted him practice and then order was given by the College that 2 of their Members should wait upon the Chancellour to acquaint him how ill Ienkins had behaved himself towards the College and how candidly they had dealt with him upon his Honour's account This was taken very kindly by the Lord Chancellour who returned the College thanks for their
were of old and others so much valued for their late incomparable and sagacious Medical observations that the Disciples of foreign Professours are obliged to a diligent reading and carefull practice of them No wonder therefore that Emperours and Princes have courted these Aesculapii of their several Ages to attend them in their Courts and foreign Vniversities have been so ambitious of encouraging them to ascend their Chairs their excellent learning and parts being of such an illustrious extraction And that I might not seem by this their due character to impose upon the World or flatter them I will as I promised give a short Essay of a future History intended of the Memoirs of some of the worthy Members of this honourable Society The first of which I shall mention was the most famous Dr. Thomas Linacer who was born at Canterbury educated under the Learned Sellingus and from him sent to Oxford where after a short stay he was An. Dom. 1484. chosen Fellow of All-Souls College In which he made great proficiency in Learning and then travelled into Italy residing chiefly at Rome and Florence where he highly improved himself by daily conversation with the Learned men of that Age. No English man saith Dr. Fuller in those times had so learned Masters viz. Demetrius and Politian at Florence and Hermolaus Barbarus at Rome So noble Patrons viz. Laurence Medices Duke of Florence who whilst he was beyond the Seas was intimately familiar with him admiring him for the greatness of his Wit and Learning K. Henry 7. and K. Henry 8. upon his return into England to both which he was chief Physician So high-born Scholars Prince Arthur eldest Son to Hen. 7. with many Lords Sons his contemporaries So learned friends Erasmus Melancthon Ludovicus Vives Grocinus Latimer Tonstal Sir Tho. More c. who for his accurate skill in the Greek and Latine Languages in other Sciences and in his own profession esteemed him the ornament of his Age upon which account he gives him this following character viz. That upon his return into England he brought Languages along with him and was the first restorer of Learning in our Nation It is a question whether he was a better Latinist or Grecian a better Grammarian or Physician a better Scholar or man for his moral deportment He was created Doctour of Physick in Oxford and made publick Professour of that faculty in which Vniversity he afterwards founded 2 Physick Lectures and one in Cambridge From Oxford he was commanded to Court by K. Hen. 7. to take the principal care of his own and the Prince's health He was highly instrumental with K. Hen. 8. in the tenth year of his Reign for obtaining his Letters Patents for the founding of a College of Physicians in London c. In which he was named with great honour as one of those 6 whom the King first made choice of for constituting this Royal foundation He was chosen the first President of the College by the Physicians named in the King's Patent and continued in that office by an annual choice of the Electors for 7 years together he being by them highly valued for his profound Learning great prudence and excellent government He kept all the College Comitia in his own house during his life died President of the College and at his death gave them for ever his house in Knight-rider street for a College and Library He translated several of Galen 's works as De inaequali temperamento de temperamentis de naturalibus facultatibus de sanitate tuenda de pulsuum usu de methodo medendi c. into the Latine tongue with that admirable elegance and singular politeness and purity of style that he not onely exceeded all former Interpreters of the great Galen but deserved the following character for his translations which Erasmus hath given in one of his Epistles Mitto tibi libros Galeni operâ Th. Linacri melius Latinè loquentes quà m antea Graecè loquebantur Erasmus had that value for our famous Linacer that in other Epistles he often calls him Meum Linacrum intimum amicum praeceptorem patronum c. He wrote a Latin Grammar called Grammaticae rudimenta which he dedicated to the Princess Mary which Grammar is now of such account in some Vniversities in Poland that all Students are posed in it before they take their first degree He wrote a little before his death at the earnest and importunate request of some friends a most admirable book de emendata Structura Latini Sermonis Many other Books he left behind him extraneous to his faculty which for brevity sake I must now omit He died at London much lamented the twentieth of October 1524. and was buried under a stately Monument erected to his memory by Dr. Caius in the Cathedral Church of St. Paul 's a little above which was a Phoenix placed with the following inscription Vivit post funera virtus Dr. Richard Bartlot was admitted into the College of Physicians and made President thereof in the Reign of K. Hen. 8. in which he lived and flourished as likewise in the Reigns of K. Edw. 6. and Q. Mary He died An. Dom. 1557. with the following character given him by the Learned Dr. Caius in his Annals This good and venerable old man very famous for his Learning great knowledge and experience in Physick died in the 87th year of his age at whose funeral the President and College attended it being the first time that the Statute book of the College adorned with silver was carried before the President He was buried in great St. Bartholomew ' s. Dr. William Butte Fellow of Gonvile-hall in Cambridge and Physician to K. Hen. 8. was Anno Dom. 1529. admitted into the College of Physicians Vpon which he was required to subscribe to the due observation of the Statutes of the College and to give his promise to use his best endeavours for advancing the honour and perpetuity thereof He is mentioned by Bishop Parkhurst and Fox with honour Ascham in his Epistle Commendatory to Dr. Wende extolls him highly and the learned Dr. Caius hath dedicated most of his Books to him His esteem was such in the College of Physicians that he is entred in their Annals with the following Character Vir gravis eximiâ literarum cognitione singulari judicio summâ experientiâ prudenti consilio Dr. He died in the Reign of King Henry the Eighth and lies buried in Fulham Church with this Inscription Guil. Buttius Eq. Aur. Medicus Regis Henr. viij c. obiit Novemb. 17. 1545. c. Dr. William Freeman was admitted a member of the College Anno Dom. 1529. After which his Learning and eminency were such that he was made Censor Elect and President of that Society In the time of his Presidentship viz. Anno Dom. 1546. he with Dr. Bartlot Clement and Wotton procured from John Barker King at Arms the College Arms Manum videlicet è nube demissam aegri brachium complectentem dimidiatas
and streightly commandyng the said Grocers and Apothecaries and every of them not to faile herof as thei tendre our pleasure the health and securitye of our lovyng Subjects and as thei shall answere for doyng the contrarie before yow to their such losses damages and penalties as be prescribed in our Lawes and Statutes above mentioned aswell concernyng Physicians as also Grocers and Apothecaries Yeven under our Signet at our Manor of St. James the xxiiii daye of June in the fourthe and fivethe yeres of our Reignes PROCEEDINGS Against Empiricks c. In Queen Elizabeth 's Reign IN the first year of this Queen's Reign Thomas Glamfelde was committed to prison for practising Physick and Stalworth and Gylmyn Norwich Empiricks fined upon the same account In the second year of her Reign a Commission was given by the College to Walter Hawgh a Norwich Physician and to Hugh Glynne a Chester Physician to Prosecute all Empiricks of their own and neighbour Counties Several others were summoned before the College and severely rebuked for exposing Pills to sale without their approbation Others were punished for the ill preparation of Medicines Amongst whom one Edward Stephens a sweet Grocer that he might be released from his imprisonment for obstinately refusing to appear upon the President 's summons of his own accord fell down upon his knees before the President and humbly begg'd pardon of the Queen's Majesty for his disobedience to the President of her College the Lord Cobham and several others being present In the 6th year several Empiricks were prosecuted others were imprisoned for practising Physick In the 12th year the Wife of one Bomelins an Empirick having procured the Lord Treasurer's Letter to the College petitioned that her husband might be discharged from prison he having given satisfaction to the Queen's Majesty for his violation of the Statutes in practising unlearnedly and by Magical Arts. To this Letter the College answered that her husband must first pay 20 l. for his practice and 15 l. for expences in the suit and likewise give security that he would not practise Physick for the future After this the President of the College and Dr. Caius were appointed to wait upon Sir William Cecil Secretary of State he having wrote a Letter to the College in favour of Bomelins upon whose application the Secretary was pleased to express great respect to the College and all the members of it assuring them that he should be well pleased to have Bomelins banished the Kingdom Some time after Bomelins was released from prison by consent of the College having given Bond of 100 l. that he would not for the future practise Physick in London nor in any other parts of England It was ordered by the College that the President should enter an Action against Dr. Lewes Judge of the Admiralty for suffering William Rich an Empirick committed to his care in the Marshalsea to practise Physick against the Laws of the Kingdom his own trust in contempt of the College and to the great prejudice of the Queen's Subjects A foreign Physician who had taken his Degree at Lovain in Brabant was summoned before the President and Censors and examined by what authority he practised Physick in England without licence He pleaded his ignorance of the Laws and was dismissed upon promise of not practising in London nor any other parts of England being likewise ordered to return into his own Country in a few days Dr. Walker was summoned to appear before the College to answer several things objected against him by Dr. Corimbec he having examined and admitted some Physicians in Norwich and Norfolk and extorted above 100 Marks from several Empiricks in those parts whom he had licensed to practise He was Fined for not appearing and Letters were wrote by the College to Dr. Corimbec to authorize him to cite those Empiricks to appear before the College in order to their due punishment One Sylva an Italian was charged before the President and Censors for evil practice in that he undertook to cure an old woman by suffumigation with which she died and prescribed Stibium to another person troubled with an affection of his Lungs to his great prejudice He was afterwards examined and rejected by the whole College by reason of his egregious ignorance in Philosophy and Physick and was fined 20 l. for having practised Physick for half a year to the apparent hurt of the Queen's subjects and the year following was committed to prison in that he had practised without College licence Thomas Pennye was summoned for practising Physick but pleading that he had taken his Doctours degree he was dismissed and ordered that he should bring his Letters testimonial to the Censors which accordingly he did but upon examination was found so ignorant in the first principles of Philosophy and Physick that he was thought unfit for that employment and prohibited the practice thereof and afterwards imprisoned for contemning the Judgment of the College and adventuring to practise without their licence In the 13th year of this Queen a Surgeon was Fined 20 l. for practising Physick but upon the intercession of some persons of Quality the College forgave him 20 Marks of that Fine upon condition that he bound himself in a bond of 100 l. that he would not practise for the future which refusing he was forced to pay the forementioned 20 l. Richard Reynold was examined and rejected as being very ignorant and unlearned But voluntarily confessing that he had practised Physick for 2 years the College ordered that he should be imprisoned untill he had paid 20 l. In the 14th year One Emme Baxter an impudent and ignorant woman was committed to prison for practising Physick the 7th of February Upon the 11th she was brought before the College where her husband William Baxter and Nicholas Staples a Citizen entring into bond to the College and their Successors that she should not practise for the future in London nor any other parts of England she was dismissed paying all Fees due to the Officers of the Prison c. In the same year it was argued in the Lord Mayor's Court before Sir William Allen then Lord Mayor Whether the Surgeons might give inward medicines in the Sciatica French Pox or any kind of Ulcer or Wound Many arguments were used by the Bishop of London Master of the Rolls c. for their practice in this manner Dr. Caius the President of the College being summoned by the Lord Mayor in his own and the Queen's Delegates names did defend the illegality of their practice upon the forementioned accounts After which it was agreed by all present that they ought not to practise In the 23th year of the Queen's Reign one Baptista an Empirick was fined by the President and Censors 6 l. 13 s. 4 d. which he paid to the President He afterwards paid 5 l. to the College ob rem malè gest am in praxi gave bond to pay 5 l. more at our Lady day and at Midsummer was required to pay
enjoyne all Iudges and Iustices of us our heires and successors to act and performe accordingly any Acte Statute Lawe Vsage or Provision whatsoever to the contrary thereof in any wise notwithstanding AND WEE WILL and by these presents for us our heires and successors Doe ordaine and declare that all and every the Fynes Penalties Forfeitures and Amerciaments hereafter to be sett adjudged imposed or inflicted upon any person or persons whatsoever by force or colour of these presents or of any the Letters Patents or Acts of Parliament aforesaid or by force or colour of any Acts Ordinances Decrees or Constitutions made or to bee made by vertue of these presents or any the Graunts or Authorities aforesaid before any Action bée commenced or any Levy or Execution bee had or made thereof respectively the said severall penalties and forfeitures of Tenn pounds and five pounds per Mensem above mentioned allwayes excepted shall bée reported to and approved of by the Court or Corporation of the said President and Fellowes of the Kings Colledge of Physitians aforesaid to bée held by vertue of these presents or by any fifteene or more of the Fellowes of the same Colledge for the tyme beinge then present att such Court whereof the President or in his absence the Vice-president for the tyme being to bée one and then entered and registred in the Common Register Booke of the same Colledge And that from and after such approbation and entry thereof it shall and may bée lawfull to and for the President and Censors or Vice-president and Censors of the same Colledge of Physitians for the tyme being in the absence of the President or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one by Warrant under the hand of the said President and Censors or Vice-president and Censors for the tyme being in the absence of the President or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one duely made and directed to any Officer and Officers of the same Colledge in this behalfe to bée appointed to Commit and send every such person and persons soe offending and on whome any such Fyne Penalty or Amerciament shall be imposed sett or inflicted as aforesaid or by whom any forfeiture shall bée made as aforesaid to any of our Goales or Prisons except our Tower of London within our said Citty of London or the Suburbs thereof for the tyme being there to remayne untill he or they shall pay and satisfie unto the said President and Fellowes of the same Colledge of Physitians and their Successors for the tyme being the severall and respective fyne or fynes penalty or penalties forfeiture or forfeitures Amerciament or Amerciaments for which hee or they respectively shal bee soe Committed or charged as aforesaid or otherwise by like Warrant to levie all and every such fyne and fynes penalty and penalties forfeiture and forfeitures Amerciament and Amerciaments by distresse and sale of any of the Goods and Chattells of any or every such person or persons respectively offending as aforesaid rendering the overplus to bee ymployed and disposed as hereafter in and by these presents is directed PROVIDED allwayes that if any person or persons on whome any Fyne Penalty or Amerciament shall be sett or imposed as aforesaid shall find or conceive himselfe grieved thereby That then it shall and may bee lawfull to and for every such person and persons within one Moneth after such approbation and entry thereof made as aforesaid or sooner to appeale unto such person and persons for his or their releife therein as in and by these presents are hereafter nominated constituted and impowered in that behalfe AND Wée will and by these presents for us our heires and successors Doe make ordeyne constitute and appoint our right trusty and right welbeloved Cosin and Councellor Edward Earle of Clarendon our High Chancellor of England our right trusty and welbeloved Sir Robert Foster Knight Cheife Iustice of our Court of Kings Bench Sir Orlando Bridgman Knight and Baronett Cheife Iustice of our Court of Common Pleas and Sir Matthew Hale Knight Cheife Baron of our Court of Exchequer the present Visitors of the said Colledge and Corporation and the Lord Chancellor of England or Lord Keeper of the Greate Seale of England Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being from tyme to tyme and for ever hereafter Visitors of the same Colledge and Corporation AND Wee doe by these presents for us our heires and successors give and grant unto them the said Visitors hereby constituted and every or any two or more of them full power and authority to receive entertaine heare examine adjudge and determine alter mitigate reverse or confirme all and every such Matter Cause Complaynt Iudgment Decree or Sentence whatsoever which att any time hereafter shall come or bée brought before them or any two or more of them by way of Appeale hereafter to be made by any person or persons whatsoever for or concerning any Fyne Penalty or Amerciament or other matter or thing whatsoever according to the tenor true intent and meaning of these presents as to them or any two or more of them shall seeme just and fitting AND to that end that it shall and may bee lawfull to and for our said Lord High Chancellor of England Lord Cheife Iustice of our said Court of Kings Bench our said Cheife Iustice of our said Court of Common Pleas and our said Cheife Baron of our said Court of Exchequer now being or any two or more of them and to and for all and every other Lord Chancellor of England or Lord Keeper of the Greate Seale of England Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being or any two or more of them from tyme to tyme to send for remove or cause to come before them or any two or more of them all and every such Cause Complaynt Iudgment Decree and Sentence and all or any the proceedings thereof respectively whereupon or wherein any Appeale shall bée made to them or any two or more of them as aforesaid and from tyme to tyme to order and appoint certaine dayes tymes and places for the hearing and adjudging thereof and to summon heare and examine upon Oath or otherwise all and every person and persons that know or can say or testifie any matter of fact or other thing conduceing to the manifestation or discovery of the truth of the matter in question to the end a just and cleare judgment and determination may be had and made therein AND FURTHER to act proceed performe