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A41429 The Royal College of Physicians of London, founded and established by law as appears by letters patents, acts of Parliament, adjudged cases, &c. : and An historical account of the College's proceedings against empiricks and unlicensed practisers, in every princes reign from their first incorporation to the murther of the royal martyr, King Charles the First / by Charles Goodall ... Goodall, Charles, 1642-1712. 1684 (1684) Wing G1091; ESTC R8914 319,602 530

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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
expences in the sueing for or obteyning thereof respectively being first deducted and reteyned shall from tyme to tyme for ever hereafter within three Moneths after payment recovery or obteyning thereof bee well and duely imployed distributed and disposed of by the said President and Fellowes of the said Colledge of Physitians and their Successors or the major part of them for the tyme being whereof the President for the tyme being to bee one to and amongst the poore of the Parishe or Place Parishes or Places respectively wherein the Offence or Offences for which such Fyne or Fynes Amerciament or Amerciaments respectively shall bée sett or imposed as aforesaid is are or shall bee respectively done or committed in such manner and by such proportions as to them shall seeme fitting and requisite without the lett disturbance or interruption of us our heires or successors or any the Officers or Ministers of us our heires or successors and without giveing or rendering any account or recompence thereof or therefore to us our heires or successors NEVERTHELESSE Wee will and our intent and meaning is That the said President Fellowes and Comonalty of the said Colledge and Corporation and theire Successors shall answeare and pay unto us our heires and successors for and in respect of the said penalties and forfeitures of Tenn pounds per Mensem and five pounds per Mensem herein before mentioned and to them by these presents graunted as aforesaid the yearely Rent of six pounds of lawfull money of England in liew and stead of the like yearely rent of six pounds reserved and payable in and by the Letters Patents of our said Royall Grandfather above mentioned to bée paid att the Receipt of our Exchequer att Westminster att the feast of Saint Michaell the Archangell and the Annunciation of the blessed Lady Mary the Virgin by even and equall portions Any thing in these presents contayned to the contrary thereof in any wise notwithstanding AND for the preventing of any question that may arise concerning a double rent KNOW YEE further that Wée of our especiall grace certaine knowledge and meere motion HAVE remised released acquitted and discharged And by these presents for us our heires and successors Doe remise release acquitt and discharge aswell the said President and Colledge or Comonalty in the Letters Patents aforesaid specified and theire Successors as the said President Fellowes and Commonalty and their Successors and every of them of and from the said yearely rent of six pounds reserved and payable by the said Letters Patents of our said Royall Grandfather as aforesaid and of and from all and every part and parcell thereof And all our right interest title clayme and demaund of in or to the same every or any part thereof AND Wée will and by these presents for us our heires and successors doe graunt unto the said President Fellowes and Commonalty of the Kings Colledge of Physitians aforesaid and to their Successors that the President and Fellowes or the Vice-president and Fellowes of the same Colledge for the tyme being in the absence of the President or the major part of them present being not lesse in number then fifteene whereof the President or in his absence the Vice-president to bee one being assembled together in their Hall or Council-house aforesaid shall and may from tyme to tyme Nominate Elect and Appoint One honest and discreet person being one of the Fellowes of the said Colledge whoe shall bée and shall bée called the Register to the same Colledge and shall from tyme to tyme bée attendant on the President and Fellowes of the said Colledge and their Successors and shall sett downe in writing register and enter into a Booke all such Rules Orders Statutes Decrees Acts Ordinances and other things as shall from tyme to tyme bée had made done provided or ordeyned by the said President and Fellowes and their Successors or the greater part of them att such their Courts Meetings and Assemblies aforesaid and alsoe shall and may from tyme to tyme when and as often as to them shall seeme meete ordaine make constitute and appoint such and soe many other meete Officer or Officers Minister or Ministers as to the said President and Fellowes or Vice-president and Fellowes in the absence of the President and their Successors or the greater part of them assembled as aforesaid from tyme to tyme shall bée thought fitt and necessary for their service and benefitt WHICH Register Officers and Ministers shall from tyme to tyme bée duely and severally sworne before the President or in his absence the Vice-president of the same Colledge for the tyme being according to the prescript and directions abovesaid and the true intent and meaning of these presents AND the same Register and all and every other Officer and Minister by them to bée soe elected made constituted or appointed as aforesaid shall and may from tyme to tyme upon reasonable and just cause remove expell and putt out of his and their said Offices and Places and elect and putt others in his and their roomes and places when and as often as to the said President and Fellowes or Vice-president and Fellowes in the absence of the President or the greater part of them whereof the President or in his absence the Vice-president for the tyme being to bée one shall seeme meete and convenient AND FURTHER Wee doe for us our heires and successors give and graunt unto the said President Fellowes and Commonalty of the Kings Colledge of Physitians aforesaid and theire Successors that itt shall and may be lawfull to and for the said President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them whereof the President or in his absence the Vice-president to bee one to cause such persons as shall be convented for any the offences aforesaid and shall bee found offenders therein to become bound unto us our heires and successors and to our use in one or more severall Recognizances in such summe or summes as they shall thinke fitt not exceeding the summe of One hundred pounds with Conditions thereunto for restrayning them to offend any more in that behalfe as to the President or Vice-president and Censors in the absence of the President and Censors or any three of them whereof the President or in his absence the Vice-president for the tyme being to bee one shall seeme meete And if such person or persons shall refuse to become soe bound by such Recognizance with such condition that then itt shall and may bee lawfull to and for the said President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them whereof the President or in his absence the Vice-president to bee one to commit such person and persons to prison and him and them to deteyne in prison untill he or they shall
Vice-president to bee one shal bee reasonably prefixed and appointed and to examine them concerning theire skill or practice of and in the said faculty of Physicke and theire manner of practice therein And if any Physitian or Practizer in the same facultie of Physicke upon reasonable summons and garnishment to be made and given in that behalfe shall make default and not appeare before the said President and Censors or Vice-president and Censors or any three of them for the time being as aforesaid haveing noe reasonable cause to the contrary att such tyme and place as by them or any three of them as aforesaid shal bee reasonably limitted or appointed Or shall refuse to answere or be examined as aforesaid That then and soe often the said President and Censors and in the absence of the President the Vice-president and Censors or any thrée of them for the tyme being whereof the President or in his absence the Vice-president to bee one shall and may lawfully Assesse and impose a reasonable penaltie Fine or Amerciament upon every or any such Delinquent or Offender for every severall default of appearance made upon severall Summons haveing noe reasonable cause for his excuse to bée made appeare to the said President or Vice-president and Censors or any thrée of them as aforesaid and for every severall refusall to answere or to bée examined as aforesaid att one or more severall tyme or tymes upon one or more severall appearance or appearances made or to bee made Soe as the same Penaltie Fine or Amerciament soe to bee imposed for any one default of appearance or refusall to answeare or be examined as aforesaid doe not att any tyme exceed the summe of fortie shillings of Currant English money And if any person or persons soe summoned or warned as aforesaid doe make his or theire personall appearance before the said President and Censors and in the absence of the President before the Vice-president and Censors or any three of them for the tyme being whereof the President or in his absence the Vice-president to bee one att such respective tyme and place as in that behalfe shal bee limitted or appointed as aforesaid And if it shall then and there appeare unto the said President or Censors or Vice-president and Censors in the absence of the President or any three of them for the tyme being whereof the said President or in his absence the Vice-president to bee one that any such person or persons soe makeing his or theire appearance hath att any tyme ministred or prescribed any noysome unwholsome or unfitt medicine or physicke unto any person or persons within the limitts aforesaid Then and in every such case the said President and Censors or Vice-president and Censors in the absence of the President or any three of them for the tyme being whereof the said President or in his absence the Vice-president to bee one shall and may from tyme to tyme punish every such delinquent or offender by reasonable Amerciament Fine or Imprisonment according to theire discretions to bee by them imposed as aforesaid soe as any such fine doe not exceede the summe of Tenne pounds of lawfull money of England And soe as the Imprisonment for such offence exceede not the space of fowerteene dayes unlesse it shall bee for non-payment of such fine for which it shall be lawfull to deteyne such Offender in prison untill the same fine bee satisfyed And to the end that the said Offenders in the premises may bee the better knowne and discovered and may bee for theire said misdemeanors and offences duely and condignely punisht according to the meritts of their said offences WEE doe therefore of our more abundant grace certaine knowledge and meere motion for us our heires and successors give and graunt unto the said President Fellowes and Cominalty of the said Colledge and Corporation and theire Successors full power and lawfull authoritie That it shall and may be lawfull to and for the said President and Censors or Vice-president and Censors in the absence of the President of the same Colledge for the tyme being or any three of them whereof the President or in his absence the Vice-president to bee one by any precept or processe to be made under their respective hands and seales to summon and warne any person or persons whatsoever whom they shall know or think meete in or about ministring of any Physicke or Medicines or attendant or servant upon any that shall have received Physicke or Medicines upon payment or tender to them and every of them of theire reasonable charges in that behalfe to declare testify or prove against any such Delinquent or Offender in the premises his or their misdemeanors or offences upon reasonable summons and warning to appeare and come before the said President and Censors or any three of them to be examined touching his or theire knowledge of the said Offenders and their misdemeanours and offences in the premises And upon his or theire appearance made as aforesaid to administer and give to him or them soe to bee produced to testify as aforesaid an Oath or Oathes and him or them to sweare upon the Holy Evangelists to testify and declare the truth of his and their knowledge concerning the said Offenders in the premises and theire said misdemeanors and offences or otherwise to examine him or them without Oath as they shall think fitt And that if any such person or persons as shal bee thought fitt as aforesaid to declare and testify concerning the said offences upon reasonable summons and warneing given as aforesaid and upon tender of his and theire reasonable charges as aforesaid shall willfully make default and shall not accordingly appeare before the said President and Censors or any thrée of them whereof the President or in his absence the Vice-president to bée one or if hée or they shall appeare and yett nevertheless shall refuse either to take such Oath or Oathes as shall bee then offered or tendred unto him or them as aforesaid or otherwise shall refuse to bee examined without Oath or shall refuse to make answere to such questions as shal bee then asked or demaunded of him or them by the said President and Censors or Vice-president and Censors in the absence of the President of the same Colledge for the tyme being or any thrée of them whereof the President or in his absence the Vice-president to bée one concerning his or theire knowledge touching the said offences and misdemeanours or any of them or any other matter or thing concerning the same or the discovery thereof Then every such person and persons shall for every such default or refusall as aforesaid forfeit and pay to the said President Fellowes and Cominaltie of the said Colledge and Corporation and theire Successors the summe of twentie shillings of lawfull English money AND WEE DOE further of our especiall grace certeine knowledge and meere motion for us our heires and successors give and
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