LIbrum hunc cui Titulus The Royal College of Physicians of London founded and established by Law c. dignum censemus qui typis mandetur D. Whistler Praeses Tho. Witherley Johan Atfield Edvardus Browne Tho. Alvey Censores THE Royal College OF PHYSICIANS OF LONDON Founded and Established by Law As appears By Letters Patents Acts of Parliament adjudged Cases c. AND An Historical Account of the College's proceedings against Empiricks and unlicensed Practisers in every Princes Reign from their first Incorporation to the Murther of the Royal Martyr King Charles the First By CHARLES GOODALL Dr. in Physick and Fellow of the said College of Physicians LONDON Printed by M. Flesher for Walter Kettilby at the Bishop's Head in St. Paul's Church-Yard 1684. To the Right Honourable FRANCIS LORD GVILFORD Lord Keeper of the Great Seal of England and one of his Majestie 's Most honourable Privy Council My Lord 'T Is now no less than seven years since I adventured the prefixing of your Lordship's name to a Book written in defence of the College of Physicians against a bold and impudent Libell published with design to expose that Learned Society to contempt Since which time I have not onely had the honour of being made one of their Members but have been entrusted with the search of their Records and received encouragement to publish a Collection of their Royal Patents Acts of Parliament Trials with and proceedings against Empiricks that so the Adversaries of this Society might be convinced of the reason and Justice of their actings against those illiterate and vile Impostors whose practice by Act of Parliament is declared to be To the high displeasure of God great infamy to the faculty and destruction of many of the King's Liege people Your Lordship knows very well the grounds which first moved that noble and renowned King Henry 8. in the tenth year of his Reign to constitute this Royal foundation whose Princely wisedom herein was highly approved by Act of Parliament in the 14 15. years of his Reign in which the King's Letters Patents and all and every Graunt Article and other thing contained and specified therein were approved graunted ratified and confirmed About seventeen years after a second Act of Parliament was granted to this Society by the same King of glorious memory for enlarging of their Privileges with the addition of many new ones In the first of Q. Mary being but 29 or 30 years from the 14 15 H. 8. a third Act of Parliament was made in confirmation of the forementioned Statute and many more privileges of great moment were added to the former Queen Elizabeth and King James of ever glorious memory and his Sacred Majesty now Reigning whom God long preserve from all traiterous Associations and Conspiracies of bloud-thirsty and malicious men have by their several Royal Patents granted them farther Liberties Powers and Privileges by reason of the great increase of unskilfull illiterate and unlicensed practisers of Physick in London and within 7 Miles thereof who now my Lord are arrived to that height of impudence not onely in their publick writings but even in the King's Courts of Judicature that they dare adventure to question the Authority of an Act of Parliament though owned as such by those Royal Testimonies already named by the Chief Justices and Judges of the King's Bench and Common Pleas such as Popham Coke Fleming Foster Walmesly Warburton Daniel Williams Tanfield Crook Littleton c. in their several Books of Reports and in their resolutions of several questions relating to the College of Physicians wherein they gave their opinions by an order from K. James directed to the Right honourable Thomas Lord Ellesmere Lord Chancellour of England which opinions are inserted in this book c. by its being printed in several Statute books and Abridgments of the same which were published even in that King's Reign in which they were enacted by Robert Redman Thomas Berthelet Wyllyam Mydylton Thomas Petyt and Thomas Powel Printers to his Most Excellent Majesty and since in all the Statute books and Abridgments that have been Printed to this time Nay more than this In the Rolls Chapel and in the Journal books formerly collected by that famous Antiquary Sir Robert Cotton and preserved by Sir John in his Father's Library and in the Journal books of the Right honourable the Earl of Clarendon which I had the honour to look over I find 36 Acts of Parliament passed in that Session of 14 15 Hen. 8. At the end of the twenty fourth this is inserted Item diverse communes petitiones rem publicam concernentes exhibite erant dicto Domino Regi in Parliamento predicto cum suis responsionibus quarum tenores sequuntur sunt tales Amongst which upon the same Roll the 33th is an Act concerning Physicians and after the 36th is entred the King's Commission to Cardinal Wolsey Printed p. 12. of this book which finisheth that Roll of Parliament In which it is thus expressed Reverendissimus Dominus Legatus Cancellarius Acta omnia in presenti Parliamento pro bono publico edita facta ex mandato Domini Regis recitari publicari jussit Quibus ex ordine per inicia recitatis lectis singulis per Clericum Parliamenti responsione secundum annotationes Regie voluntatis declarativas à dorso scriptas facta c. Add to this that excellent and learned account given by the Lord Chief Justice Hales why the Royal Signature might not be entred by the Clerk of Parliament in his transcript of the Original Rolls under this Act of Parliament and nine others passed in that Session in a late Judgment given against Huybert As likewise the testimony of the Lord Herbert of Cherbury in his excellent book of the Life and Reign of King Henry 8. drawn out of his Majestie 's Records In which he acquaints us with the more famous Statutes enacted in the Parliament of 14 15 Henry 8. amongst which we find this relating to the College of Physicians Now my Lord from these Authorities and many others of the like kind We should be in some hopes that these men being formerly driven from their old plea of 34 35 of Hen. 8. c. 8. An Act made against Surgeons for their unconscionable dealing with their Patients and for giving liberty to all such who practise for Piety and Charity without taking money or gain as appears by a Judgment given against Butler p. 258 and from this their late Plea of Nul tiel Record that our profession might flourish and that as King James hath expressed it in his Royal Patent by rejecting such illiterate and unskilfull Practisers those that were Learned Grave and Profound Practisers in that Faculty should receive more bountifull reward and also the industrious Students of that profession would be the better encouraged in their Studies and endeavours But that we have to deal with a sort of men not of Academical but Mechanick education who being
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
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
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
authority in that case 3. The fines and amercements to be imposed by them by force of the Act do not belong to them but to the King for the King hath not granted the fines and amercements to them and yet the fine is appointed to be paid to them in proximis Comitiis and they have imprisoned the Plaintiff for non-payment thereof 4. They ought to have committed the Plaintiff presently by construction of Law although that no time be limited in the Act as in the Stat. of West cap. 12. De Servientibus Ballivis c. qui ad compotum reddend ' tenentur c. cum Dom ' hujusmodi servientium dederit eis auditores compoti contingat ipsum in arreragiis super compotum suum omnibus allocatis allocandis arrestentur corpora eorum per testimonium auditorum ejusdem compoti mittantur liberentur proximae gaolae Domini Regis in partibus illis c. in that case although that no time be limited when the Accomptant shall be imprisoned yet it ought to be presently as it is holden in 27 H. 6. 8. and the reason thereof is given in Fogossa's Case Plow Com. 17. that the generality of time shall be restrained to the present time for the benefit of him upon whom the pain shall be inflicted and therewith agréeth Plow Com. 206. b. in Stradling's Case And a Iustice of Peace upon view of the force ought to commit the offender presently 5. For as much as the Censors had their authority by the Letters Patents and Act of Parliament which are high matters of Record their proceedings ought not to be by word and so much the rather because they claimed authority to fine and imprison And therefore if Iudgment be given against one in the Common Pleas in a Writ of Recaption he shall be fined and imprisoned but if the Writ be Vicontiel in the County there he shall not be fined or imprisoned because that the Court is not of Record F. N. B. in bre de Recaptione so in 47 F. N. B. a Plea of Trespass vi armis doth not lie in the County Court hundred Court c. for they cannot make Record of fine and imprisonment and regularly those who cannot make a Record cannot fine and imprison And therewith agréeth 27 H. 8. Book of Entries The Auditors make a Record when they commit the Defendant to prison A Iustice of Peace upon view of the force may commit but he ought to make a Record of it 6. Because the Act of 14 H. 8. hath given power to imprison untill he shall be delivered by the President and the Censors and their Successors reason requireth that the same be taken strictly for the liberty of the Subject as they pretend is at their pleasure And the same is proved by a Iudgment in Parliament in this Case For when this Act of 14 H. 8. had given power to the Censors to imprison yet it was taken so literally that the Gaoler was not bound to receive them which they committed to him and the reason thereof was because they had authority to do it without any Court And thereupon the Statute of 1 Mar. cap. 9. was made that the Gaoler should receive them upon a pain and none can be committed to any prison if the Gaoler cannot receive him but the first Act for the cause aforesaid was taken so literally that no necessary incident was implyed And where it was objected that this very Act of 1 Mariae hath enlarged the power of the Censors and that upon the word of the Act It was clearly resolved that the said Act of 1 Mariae did not enlarge the power of the Censors to fine or imprison any person for any cause for which he ought not to be fined and imprisoned by the said Act of 14 H. 8. For the words of the Act of Q. Mary are according to the tenor and meaning of the said Act Also shall send or commit any Offender or Offenders for his or their offence or disobedience contrary to any Article or clause contained in the said Grant or Act to any Ward Gaol c. But in this Case Bonham hath not done any thing which appeareth within this Record contrary to any Article or clause contained within the Grant or Act of 14 H. 8. Also the Gaoler who refuseth shall forfeit the double value of the fines and amerciaments that any offender or disobedient shall be assessed to pay which proveth that none shall be received by any Gaoler by force of the Act of 14 H. 8. but he who may be lawfully fined or amerced by the Act of 14 H. 8. and for that was not Bonham as by the reasons and causes aforesaid it appeareth And admit that the replication be not material and the Defendants have demurred upon it yet forasmuch as the Defendants have confessed in the Bar that they have imprisoned the Plaintiff without cause the Plaintiff shall have Iudgment And the difference is when the Plaintiff doth reply and by his replication it appeareth that he hath no cause of action there he shall never have judgment But when the Bar is insufficient in matter or amounteth as this Case is to a confession of the point of the action and the Plaintiff replyeth and sheweth the truth of the matter to enforce his Case and in Iudgment of Law it is not material yet the Plaintiff shall have Iudgment for it is true that sometimes the Count shall be made good by the Bar and sometimes the Bar by the Replication and sometimes the Replication by the Rejoynder c. But the difference is when the Count wantethtime place or other circumstance it may be made good by the Bar so of the Bar Replication c. as appeareth in 18 E. 4. 16. b. But when the Count wanteth substance no Bar can make it good so of the Bar Replication c. and therewith agrée 6 E. 4. 2. a good case and mark there the words of Choke vid. 18 E. 3. 34. b. 44 E. 3. 7. a. 12 E. 4. 6. 6 H. 7. 10. 7 H. 7. 3. 11 H. 4. 24. c. But when the Plaintiff makes a Replication Sur-rejoynder c. and thereby it appeareth that upon the whole matter and Record the Plaintiff hath no cause of action he shall never have Iudgment although that the Bar or remainder be insufficient in matter for the Court ought to judge upon the whole Record and every one shall be intended to make the best of his own case Vid. Rigeways case in the 3. part of my Reports 52. And so these differences were resolved and adjudged betwéen Kendall and Heyer Mich. 25 26 Eliz. in the Kings Bench. And Mich. 29 30 Eliz. in the same Court betwéen Gallys and Burbry And Coke Chief Iustice in the conclusion of his argument did observe 7 things for the better direction of the President and Commonalty of the said Colledge in time to come 1. That none can be punished for practising
those that belong to the practice of Physick See Entries fol. 463. Pl. 3. Action was brought against one for practising of Medicines and for that cause it was necessary to shew what practice this was scil tam per visus c. quà m interiores potiones And there is another action there where one that practised as Surgeon practised ut Medicus that where the Plaintiff suit aegrotus of the Colick the Defendant ut medicus sed indoctus cupidus lucri saith to the Plaintiff that he was troubled with thrée Imposthumations and administred to him medicinam insalubrem intoxicatam whereby the Plaintiff was in danger of his life And in the same book fol. 463. Pl. 1. it is shewn what a Surgeon ought to do Entries fol. 127. and an appeal of Mayhem 46. Pl. 5. Register trespass fol. 139. The Statute 32 H. 8. was apparent that the Iudgment of the Parliament was that Surgery was a member of Physick And he said there were 2 kinds of Surgeons Barber-Surgeons who were incorporated 1 E. 4. and Surgeons onely He agréed that the Statute against the words may be construed by equity as Stradling and Morgan's case but to whom shall this equity extend Posito that it extends to Surgeons yet it never extended to Empiricks Equity against the letter ought to be grounded upon the intention 30 E. 3. 6. 1 H. 6. 3. The Statute of Marlebridge there are negative words as here that no person shall drive a distress out of the County c. vide the Case But posito that a stranger shall distrain c. the equity shall not extend to him So in our Case although a Surgeon be tolerated yet a Stranger shall not invade the liberty of Physicians 2. The Statute of 34 H. 8. doth not restrain that which is within 14 H. 8. but meddles with the mischief mentioned in 32 H. 8. And it appeareth that the intention of 34 H. 8. was not to raise a new profession but to tolerate the old For the Statute is where many give Medicines without money scil for Charity and neighbourhood And the purview is general that such c. But the difference is if any will within his own house or to his friend give Medicines it is not within the Statute But if he make profession and set up a Bill that he can cure such and such diseases it is otherwise Pl. Com. 463. And if the question had béen put to the makers of the Statute whether they would raise a new profession it would have béen denied to be their intention 8 Rep. fol. 129. Exercise of brewing is not every brewing for his own house alone c. but profession thereof And 11 Rep. fol. 23. So here But posito that every one may exercise within 34 H. 8. yet it is not a Repeal of 14 H. 8. but as it were a licence or dispensation therewith c. And if it were yet 1 Mariae repeals all 34 H. 8. that any way impeaches 14 H. 8. If it was made to such purpose at first this Act 1 Mariae takes notice of 14 H. 8. and provides that staret continuaret c. Any Act Statute c. to the contrary And what Statute can be to the contrary but the Statute 34 H. 8 As to the Objection that there wants staret and is onely continuaret insomuch that cannot be of any force it shall be as if it were absent and then continuaret is not only a confirmation but is to remove the impediment which is the Statute 34 H. 8. as it was before And although that this Statute of 1 Mariae is a private Statute yet the substance being pleaded is sufficient But the plea in barr is ill this is Iustification by virtue of a Statute Law the Statute gives the Iustification in this manner that he c. justifie generally The application of Plasters and giving of Potions to Sores Agues Stone Strangury c. talibus morbis and doth not say secundum formam Statuti and therefore shall not be construed pro reddendo singula singulis 15 H. 7. 10. where the construction is made reddendo singula singulis c. This form of pleading is also a new form quoad those c. he justifies and he doth not say this is the same practice whereof the Plaintiff declares And so to force the Plaintiff to a replication when the thing is intire as here that he had exercised facultatem medicinae he cannot sever his plea and justifie these Et quoad alia c. plead Not guilty But he ought to plead as it is said before or traverse absque hoc c. 2. The Plea in Barr consists of 2 points one is a Iustification the other is a Travers Et he shall not have the Iustification si hoc parat est verificare 22 H. 6. 6. There without Travers it is good according to Dyer 167. But when the justification tends to all it is not so 27 H. 6. 10. and it cannot be amended nor no repleader now after demurrer Then let the Replication be as it will when the Barr is ill and the declaration good this should not be answered Vide Dr. Bonham's Case Francis Case and Turner's Case c. Mich. 6 Caroli primi Communi Banco The Iudges in this case gave their Resolution RIchardson Chief Iustice for himself and for the other Iudges said That he would recite the principal points of the Case which be The Plaintiffs declare that the Charter made to the College did inhibit That none shall practise Physick c. without licence c. and that the Defendant contrary thereto had practised by the space of 12 months for which he had forfeited 5 li. for every month which amounts to 60 li. The Defendant pleads the Statute 34 H. 8. that made it lawfull for any skilfull c. to administer outward Plasters c. or Potions c. and as to any other practice he pleaded Non culpabilis The Plaintiffs reply and shew the Statute of 1 Mariae which confirms their first Charter Any Act to the contrary notwithstanding Vpon which the Defendant demurred in Law and our Ioint Resolution is that the Plaintiffs shall recover It hath béen objected against the Iurisdiction of this Court that by the Statute of 21 Jac. this action ought not to be brought here But it is clear that it cannot be brought in any other place than in the Kings Courts of Record at Westminster For the Statute doth not mention in what Court it shall be brought and the Statute 21 Jac. which giveth power to Iustices doth not give any other thing to them but that whereof they have Power and Iurisdiction before and before this they had not any Iurisdiction of this Cause Ergo. Another Objection hath béen made that the Action hath not béen well brought because it ought to be brought in the name of the President onely To which I answer that the Charter it self is that they may
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
Presiden ' qui tam c. per Cur ' domini Regis hic ex assensu suo adjudicat ' Et predictus Thomas Bonnam in misericord ' c. Quod quidem Recordum coram nob ' sic habitum duximus exemplificand ' In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste Thoma Flemynge apud Westm ' Tertio decimo die Februarii Anno regni nostri Anglie Franc ' Hibernie sexto Et Scotie quadragesimo secundo Byng Byng Dr. Bonham's Case as reported by Sr. Edward Coke late Lord Chief Justice of England Hill 7. Jacobi In the Common Pleas p. 585. Edit 1680. THomas Bonham Doctor in Philosophy and Physick brought an Action of false imprisonment against Henry Atkins George Turner Thomas Moundford and John Argent Doctors in Physick and John Taylor and William Bowden Yeomen For that the Defendants the 10 of Novemb 4 Jacobi did imprison him and detain him in Prison by the space of 7 days The Defendants pleaded the Letters Patents of King Henry the 8. bearing date the 23 of September in the 10 year of his Reign by which he reciteth Quod cùm regii officii sui munus arbitrabatur ditionis suae hominum foelicitati omni ratione consulere id autem vel imprimis fore si improborum conatibus tempestivè occurreret c. By the same Letters Patents the King granted to John Chambre Thomas Linacre Ferdinando de Victoria John Halswell John Frances and Robert Yaxley quòd ipsi omnesque homines ejusdem facultatis de in Civitate London sint in re nomine unum corpus communitas perpetua per nomen Presidentis Collegii sive communitatis facultatis medicinae London c. And that they might make méetings and Ordinances c. But the Case at Bar doth principally consist upon two clauses in the Charter The first Concessimus etiam eisdem Presidenti Collegio seu Communitati successoribus suis quòd nemo in dicta Civitate aut per septem milliaria in circuitu ejusdem exerceat dictam facultatem Medicinae nisi ad hoc per dict' President ' Communit ' seu successores suos qui pro tempore fuerint admissus sit per ejusdem Presidentis Collegii literas sigillo suo communi sigillat ' sub poena centum solidorum pro quolibet mense quo non admissus eandem facultatem exercuerit dimidium inde domino Regi haeredibus suis dimidium dict' Presidenti Collegio applicand ' c. The second clause is which immediately followeth in these words Preterea voluit concessit pro se successoribus suis quantum in se fuit quod per President ' Collegium predict ' Communitat ' pro tempore exist ' eorum successores imperpetuum quatuor singulis annis per ipsos eligerentur qui haberent supervisum scrutinium correctionem gubernationem omnium singulorum dict' Civitatis medicorum utentium facultat ' Medicinae in eadem Civitate ac aliorum Medicorum forinsecorum quorumcunque facultatem illam Medicinae aliquo modo frequentantium utentium infra eandem Civitatem Suburbia ejusdem sive infra feptem milliaria in circuitu ejusdem Civitatis ac punitionem eorundem pro delictis suis in non bene exequend ' faciend ' utend ' illa nec non supervisum scrutinium omnium Medicinarum earum receptionem per dictos Medicos seu aliquem eorum hujusmodi ligeis dict' nuper Regis pro eorum infirmitatibus curand ' sanand ' dand ' imponend ' utend ' quoties quando opus fuerit pro commodo utilitat ' eorundem ligeorum dicti nuper Regis Ita quod punitio eorundem Medicorum utentium dict' facultate Medicinae sic in premiss delinquentium per fines amerciamenta imprisonament ' corporum suorum per alias vias rationabiles congruas exequeretur as by the said Charter more fully appeareth And that by force of the said Letters Patents The said Thomas Chambre Thomas Linacre c. and all the men of the same faculty in the said City were unum Corpus communitas perpetua sive Collegium perpetuum And afterwards by Act of Parliament An. 14 H. 8. It was enacted That the said Corporation and every Grant Article and other things in the said Letters Patents contained and specified should be approved granted ratified and confirmed in tam amplo largo modo prout poterit acceptari cogitari constitui per easdem Literas Patentes And further it was enacted That the said six persons named in the said Letters Patents as Principal of the said College and two others of the said College should be named Electi and that the said Elects should chuse one of them to be President as by the said Act appeareth And further they pleaded the Act of 1 Mariae by which it is enacted Quod quaedam concessio per Literas Patentes de incorporation ' fact ' per predict ' nuper Regem Medicis London omnes clausulae articuli content ' in eadem concessione approbarentur concederentur ratificarentur confirm ' per praedict ' nuper Parl ' In consideratione cujus inactitat ' fuit authoritate ejusdem Parliamenti quòd praed ' Statut ' Act ' Parliament ' in omnibus Articulis Clausulis in eodem content ' extunc imposterum starent continuarent in pleno robore c. And further it was enacted That whensoever the President of the College or Commonalty of the faculty of Physick of London for the time being or such as the said President and College shall yearly according to the tenor and meaning of the said Act authorize to search examine correct and punish all offenders and transgressors in the said faculty c. shall send or commit any such offender or offenders for his or their offence or disobedience contrary to any Article or Clause contained in the said Grant or Act to any Ward Gaol or Prison within the same City the Tower of London except that then from time to time the Warden Gaoler or Kéeper c. shall receive c. such person so offending c. and the same shall keep at his proper charge without Bail or Mainprize untill such time as such offender or disobedient be discharged of the said imprisonment by the said President and such persons as shall be thereunto authorized upon pain that all and every such Warden Gaoler c. doing the contrary shall lose and forfeit the double of such Fines and amerciaments as such offender and offenders shall be assessed to pay by such as the said President and College shall authorize as aforesaid so that the Fine and amerciament be not at any one time above the sum of 20 pound the one moiety to the King the other moiety to the President and College c. And further pleaded That the said Thomas Bonham the
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
young Divine his body to a young Physician and his goods or other estate to a young Lawyer for In Juvene Theologo est Conscientiae detrimentum in Juvene Legislatore bursi decrementum in Juvene Medico Coemeterii incrementum for in these cannot be the privity discretion and profound learning which is in the aged And he denied that the College of Physicians is to be compared to the Vniversity for it is subordinate to that Cantabrigia est Academia nostra nobilissima totius Regni oculus sol ubi humanitas doctrina simul sluunt But he said when he names Cambridge he doth not exclude Oxford but placeth them in equal rank But he would always name Cambridge first for that was his mother And he saith that there is not any time pro non bene faciendo utendo exequendo for this non suscipit magis minus for so a man may grievously offend in one day and therefore in such a Case his punishment shall be by Fines Amerciaments Imprisonments of their Bodies and other ways c. But if they practise well though it be an offence against the Letters Patents and the Statute yet the punishment shall be but pecuniary and he shall not be imprisoned for if he offend the body of a man it is reason that his body shall be punished for Eodem modo quo quis delinquit eodem punietur but if a grave and learned Doctor or other come and practise well in London by the space of thrée wéeks and then departs he is not punishable by the said College though it be without admission for peradventure such a one is better acquainted with the nature and disposition of my body and for that more fit to cure any Malady in that than another which is admitted by the College and he said that it was absurd to punish such a one for he may practise in such manner in despite of the College for all the Lords and Nobles of the Realm which have their private Physicians which have acquaintance with their bodies repair to this City and to exclude those of using their advice were a hard and absurd exposition for the old verse is Corporis auxilium Medico committe sodali And also he said that the said President and College cannot commit any Physician which exerciseth the said faculty without admission for the space of a Month nor bring their Action before themselves nor levy that by any other way or means But ought to have their action or exhibite an Information upon the Statute as it appears by the Book of Entries for they ought to pursue their power which is given to them by the Statute for otherwise the penalty being given the one Moiety to them and the other to the King they shall be Iudges in propria causa and shall be Summoners Sheriffs Iudges and parties also which is absurd For if the King grant to one by his Letters Patents under the great Seal that he may hold Plea although he be a party and if the King doth not appoint another Iudge than the Grantée which is Party the Grant is void though it be confirmed by Parliament as it appears by 8 H. 6. 44 Ed. 3. The Abbot of Reading's Case for it is said by Herle in 8 Ed. 3. 30. Tregor's Case that if any Statutes are made against Law and Right they are null and so are these which make any man Iudge in his own Cause and so in 27 H. 6. Fitz. Annuity 41. that the Statute of Carlisle will that the Order of Cistertians and Augustines which have Covent and Common Seal that the Common Seal shall be in kéeping of the Prior which is under the Abbot and four others which are the most Sages of the house and that any Déed sealed with the Common Seal which is not so in kéeping shall be void and the opinion of the Court was that this is a void Statute for it is impertinent to be observed seeing when the Seal is in their kéeping the Abbot cannot Seal any thing with it and when it is in the hands of the Abbot it is out of their kéeping ipso facto And if the Statute shall be observed every Common seal shall be defeated by one simple surmise which cannot be tried and for that the Statute was adjudged void and repugnant And so the Statute of Gloucester which gives Cessavit after the Cesser by two years to be brought by the Lessor himself was a good and equitable Statute But the Statute of Westminster 2. Chap. 3. which gives Cessavit to the Heir for Cesser in time of his Ancestor was judged an unreasonable Statute in 33 Ed. 3. for that the Heir cannot have the Arrearages due in the time of his father according to the Statute of Gloucester and for that it shall be void And also the Physicians of the College could not punish any by Fine and also by Imprisonment for no man ought to be twice punished for one offence And the Statute of 1 Mariae doth not give any power to them to commit for any offence which was no offence within the first Statutes and therefore he ought not to be committed by the said Statute of 1 Mariae But admitting that they may commit yet they have mistaken it for they demand the whole hundred shillings and one half of that belongs to the King And also they ought to commit him forthwith as well as Auditors which have authority by Parliament to commit him that is found in Arrearages But if they do not commit him forthwith they cannot commit him afterward as it appears by 27 H. 6. 9. So two Iustices of the Peace may view a force and make a Record of it and commit the offenders to Prison but this ought to be in flagranti Oriente And if he do not commit those immediately upon the View he cannot commit them afterwards And the Physicians have no Court but if they have yet they ought to make a Record of their commitment for so was every Court of Iustice to doe But they have not made any Record of it And Auditors and Iustices of Peace ought to make Records as it appears by the Book of Entries So that admitting that they may commit yet they ought to doe it forthwith But in this case they cannot commit till the party shall be delivered by them for this is against Law and Iustice and no Subject may do it but till he be delivered by due course of Law for the Commitment is not absolute but the cause of it is traversable and for that ought to Iustify for special cause For if the Bishop returns that he refuses a Clerk for that he is Schismaticus inveteratus this is not good but he ought to return the particular matter so that the Court may adjudge of that Though it be a matter of Divinity and out of their science yet they by conference may be informed of it and so of Physick And they cannot make any new Laws
the College of Physicians Pasch 7 Car. 1. Rot. 519. Crooke's Reports 3 part p. 256. ERror of a Judgment upon a Demurrer in the Common Bench. The first Error assigned was Because the Record was Ad respondendum Domino Regi Praesidenti Collegii c. Qui tam pro Domino Rege quà m pro seipso sequitur quòd reddat eis Sexaginta libras unde idem Praesidens qui tam c. dicit c. Whereas the Action ought to have béen brought by the President onely qui tam c. and not by the King and President c. Sed non allocatur For being an Original Writ the Writ is most often so and sometimes the other way And they conceived it good both ways But Informations are always that the party qui tam for the King quà m pro seipso sequitur c. Vide Plowd 77. New book of Entries 160. Old Book of Entries 143. 373. The second Error was that the Replication was a departure from the Count for the Count sets forth That King Henry the Eighth anno decimo regni sui incorporavit per le Statut. of decimo quarto Henrici octavi confirmavit the College of Physicians by the name of the President c. that no man should practise Physick in London or within seven miles without licence under the Seal of the College upon the Penalty of 5 li. for every month that he so practised the one moiety unto the King the other unto the President of the College to the use of the said College And for that the Defendant not being allowed c. had practised Physick for twelve months in London the said Action was brought c. The Defendant pleads the Statute of tricesâ—mo quarto Henrici Octavi cap. 8. That every one who hath science and experience of the nature of Herbs Roots and Waters or of the operation of the same by speculation or practice may minister or apply in and to any outward Sore Vncome Wound Aposthumations outward swelling or disease any Herb Oyntments Baths Pultess or Emplasters according to their cunning experience and knowledge c. or drink for the Stone and Strangury or Agues in any part of the Realm without suite vexation c. any Act or Statute to the contrary notwithstanding And that he having skill in the nature of Herbs Roots and Waters by speculation and practice applied to persons requiring his skill Herbs Oyntments Baths Drinks c. to their Sores Vncomes Wounds and for the Stone and Strangury or Agues and to all other diseases in the said Statute mentioned prout ei bene licuit Et quoad aliquam aliam practisationem seu facultatem medicinae aliter vel alio modo quòd non est culpabilis Et de hoc ponit c. And makes his averment Et hoc paratus est verificare The Plaintiff replies and shews the Statute of primo Mariae capite nono which confirms the Charter of Decimo Henrici octavi and the Statute of Decimo quarto Henrici octavi and appoints that it shall be in force notwithstanding any Statute or Ordinance to the contrary And upon this it was demurred because it is a departure for it intitles him by another Act viz. the Statute of primo Mariae which is not mentioned in the Count and therefore 't was assigned for Error But all the Court here conceived That it is no departure because it fortifies the Count and is as to revive the Statute of decimo quarto Henrici octavi if it were repealed in this particular by the Statute of tricesimo quarto Henrici octavi And for that the Case of Woodhead was shewn to the Court Mich. 42 43 Eliz. rot 397. where the President of the College of All-Souls brings an action upon the Case for taking Toll in and shews a Charter of vicesimo sexto Henrici sexti to be discharged of Toll The Defendant pleaded the Act of Resumption of Liberties granted by Henry the sixth made and so the liberty gone The Plaintiff pleaded a reviver of them by the Statute of quarto Henrici septimi And it was held to be no departure but as it were a confession and avoiding The third and principal Error assigned was if the Statute of tricesimo quarto Henrici octavi be not repealed by the Statute of primo Mariae and if not Whether the Defendant hath made a sufficient Iustification And Quoad that whether the said Statute be repealed the Court was not resolved But Richardson Chief Iustice conceived it was repealed by primo Mariae by the general words any Act or Statute to the contrary of the Act of decimo quarto Henrici octavi notwithstanding But I conceived that the Act of tricesimo quarto Henrici octavi not mentioning the Statute of decimo quarto Henrici octavi was for Physicians but the part of the Act of tricesimo quarto Henrici octavi was concerning Chirurgeons and their applying outward Medicines to outward Sores and Diseases And drinks onely for the Stone Strangullion and Ague That Statute was never intended to be taken away by the Act of primo Mariae But to this point Jones and Whitlock would not deliver their opinions But admitting the Statute of tricesimo quarto Henrici octavi be in force yet they all resolved the Defendants Plea was naught and not warranted by the Statute For he pleads That he applied and ministred Medicines Plasters Drinks Ulceribus Morbis Maladiis Calculo Strangurio Febribus aliis in Statuto mentionatis so he leaves out the principal word in the Statute Externis and doth not refer and shew That he ministred Potions for the Stone Strangullion or Ague as the Statute appoints to these thrée Diseases onely and to no other And by his Plea his Potions may be ministred to any other sickness Wherefore they all held his Plea was naught for this cause and that Iudgment was well given against him Whereupon Iudgment was affirmed The President and College of Physicians against John Butler Entred Pasch 4. Caroli cum Brownlow THe President and College of Physicians for themselves and for the King Complain against John Butler by Information and demand 60 li. and declare that H. 8. 34 September in the 14 year of his Reign incorporated them by the name of President and College and Comminalty of the faculty of Physicians in London and granted to them several privileges c. and recite their Patent and confirmation thereof by 14 H. 8. cap. 5. because the Defendant without licence did practise 11 Months contrary to the Statute The Defendant pleaded in Bar and recited the Statute of 34 H. 8. cap. 8. which enacts that any person having knowledge and experience of the nature of Herbs Roots and Waters or of the operation of the same by speculation or practice c. may practise use and administer in and to any outward Sore c. any Herb Oyntment Bath c. according to their cunning in any of
the Diseases Sores and Maladies aforesaid and all other like the same and drinks for the Stone Strangury or Agues And that he for the space of 30 years had experience of the nature of Herbs c. and so according to the Statute And as to any practice aliter vel alio modo Non Culpabilis Vpon which Issue was taken But to the institution upon the Statute the Plaintiff replies that it was enacted 1 Mariae cap. 9. that the Statute of 14 H. 8. with every Article and Clause therein shall stand and continue still in full strength force and virtue Any Act Statute c. made to the contrary notwithstanding And upon this the Defendant demurred and assigned for Cause that the Replication was a departure Henden for the Defendant and he argued 3 points First that the Statute of 34 H. 8. stands good notwithstanding the Statute of 1 Mariae and is not taken away thereby but is still in as good force as if the Statute 1 Mariae had never béen made By the Letter of 1 Mariae it is plain that it was but a Confirmation of the 14 H. 8. for it approves and ratifies the same and then the 34 is not touched thereby And he cited the Countess of Leicester's Case in Plow Com. A man is attainted of Treason which is confirmed by Parliament this Confirmation does not repeal any thing done after the Attainder 2. This Statute of 14 H. 8. doth not extend to the practice of Physick limited by the 34 H. 8. But this is left at large out of 14 H. 8. which he proves first upon the reason and ground upon which the 34 H. 8. was made and this was not to meddle with the 14 H. 8. cap. 5. but to repeal 3 H. 8. cap. 11. which Statute provides generally for the practice of Physick and Surgery for any part of Surgery may attend upon Physick and that none may practise there without allowance of the Bishop of London calling to him 4 Doctors Now the Statute of 14 H. 8. repeals this in three main points as to the practice of Physick but doth not meddle with Surgery or external applications Then follows the Statute of 34 H. 8. and prescribes a form to them to which the 14 doth not extend to wit by outward applications 2. Because that the Statute of 34 recites the Stat. of 3 H. 8. whereby power was given as aforesaid and repeals it then if the Statute 34 intended that this was within 14 it might have repealed this as well as the Statute 3. But because that Surgery was clearly out of the Statute of 14. it repeals the 3 H. 8. and allows 14. 3. The mischief repealed by the 34. for what end was it made It repeals no misdemeanors of Physick but of Surgeons which out of Covetoufness restrain all persons which may apply outward Medicines and so abuse the privilege given to them so that 34. saith that every person may apply outward Medicines such as require not an Apothecary as for the Stone Strangury c. so that the 14 extends to Physick made by Apothecaries 4. If this were within the 14. there is a branch within 34 that repeals 14. to this purpose Any other Act to the contrary notwithstanding But he conceived the 14. doth not extend to the Statute of 3. because it repeals this expresly and for suretiship sake all others Secundo Admit the Statute of 1 Mariae take away the practice of Physick given by 34 H. 8. then the replication is a departure 14 H. 8. gives pain and forfeiture against every one who c. 34. enlargeth the liberty of practising of Physick in certain cases 1 Mariae takes away 34. and maintains 14 H. 8. But 1 Mariae ought to have béen contained within the Declaration upon these reasons 1. The Letters Patents to the College without the Aid and Confirmation of the Act of Parliament had béen void and he cited 11 Rep. Taylor of Ipswich Case Every graunt that restrains frée trade or exercise of a faculty is void And Mich. 3 Jac. rot 438. B. R. Langton's Case was adjudged accordingly that the Letters Patents without the Act of Parliament shall be void If the 14 H. 8. then had béen repealed and 1 Mariae had revived it the Information ought to be exhibited upon 1 Mariae because that it is a new Law or it shall be a departure 2. Whatsoever is alledged in the Replication by the Plaintiff which is new matter and hath not béen alleged in the declaration is a departure and the same reason of the Bar and Rejoynder But the Statute of 1 Mariae if it extends to reviving is new matter Dyer 167. Debt upon obligation and the Defendant pleads a Release c. see the Case Ass pl. 86. Trespass for Battery alleged to be done 17 E. 3. The Defendant pleads a Release the Plaintiff replies it was by Dures this is a Departure which is our Case in effect for here is new matter And Fulmerston's and Steward's Case Pl. Com. 105. b. in Trespass the Defendant pleaded a release by the Abbot for 50 years the Plaintiff replied and shewed the Stat. of 31 H. 8. which enacts that all such Lands shall be in the same condition as they then were before the other part of the Statute which makes Releases good for 21 years and so relies upon that this is a departure 6 H. 7. 8. If the Replication inforce the declaration it is not a departure but if it contain new matter it is a departure 3. The body of the Information is likewise insufficient and cannot lie in this Court for the Letters Patents give the forfeiture of 5 li. for a Month for practising without licence and do not limit where the action shall be brought to recover it nor the Court where the suit shall be and therefore one may sue in any Court 6 Eliz. Dyer 36. cited in the 6 Rep. Gregorie's Case If it be in any Court of Record it shall be intended of the Courts at Westminster but if it be left at large then they may sue in any Court. And the same diversity is taken in Kelloway 3 H. 8. as it is there Cited If one may sue in another Court then as before Iustices of Oyer and Terminer or Iustices of Assize The Stat. 21 Jac. cap. 4. which limits and confines all Actions and Informations upon Penal Statutes which before 21 Jac. might have béen before Iustices of Assize of Oyer and Terminer c. shall afterwards be brought onely within the proper County And although divers Informations have béen brought by the College of Physicians upon this Statute yet they were before the Statute of 21 Jac. But I do not deny if the offence had béen done in Middlesex that then the Information might be here notwithstanding the Statute 21 Jac. as in 5 Jac. Beane and Dedges Case or by the 21 Eliz. cap. 5. it is enacted that any Action to be
sued upon the Stat. 5 Eliz. cap. 4. for using any Art or Mystery in which the party hath not béen brought up c. shall be sued and prosecuted in the General Sessions or Assize of the same County where the offence shall be committed If such offence be committed in Middlesex the suite may be in the Courts at Westminster for the intent was onely to limit the County and not such Courts And so he prayed Iudgment for the Defendant Bramston contra for the Plaintiff And as to the last exception that the Information doth not lie in this Court he answered that it cannot be before Iustices of Oyer and Terminer nor ever was so For although the words do not limit this at Westminster yet there is another thing in the case that limits this And this ground is also in Gregories Case and that is that the King ought to have Moiety of the forfeiture and therefore it ought to be where the King's Attorney may better attend 2. This is not an Action popular but given onely to the College and it is a debt to them for which they may sue by Original And it was never the meaning of the Statute to put them to sue before Iustices of Oyer and Terminer or of Assize and so revera the Statute speaks onely of popular Actions upon penal Laws and such which Informers may have But before he came to matter in Law he took exceptions to the Barr for if it was insufficient and no Barr to the Declaration then if it were admitted that the Replication is bad yet the declaration being good the Plaintiff shall have Iudgment thereupon Butler pleaded 34 H. 8. to enable him to practise but when he declares what manner of practice he used he hath excéeded the licence of this Statute by his own Confession and sheweth such practice as is within the 14 H. 8. The words of the 34 be That he may minister to any outward Sore or Swelling or any the like c. and that he may give drinks for the Stone Strangury and Agues Butler shewed that he had experience in Herbs and that he gave Oyntments Plasters Poultesses and Potions to Sores Maladies the Stone Strangury Fevers and such like Potions by the 34 be restrained to 3 Cases But he confesseth that he gave them not onely in those 3 Cases but in others and the party was afflicted with outward Sores Stone Strangury and Agues were common known diseases But others as outward Sores may be with inward distempers more dangerous wherewith he ought not to meddle And he ought to have pleaded in another manner also for he saith Diseases Fevers and such like and the words such like ought to refer to outward Sores not to other diseases And he sheweth that he gave Potions and this ought to have béen with an Anglicè drinks as with Carduus Benedictus Century Possett But the Statute doth not allow Potions Also the word is Agues and he saith Fevers and there is a great difference betwéen Agues and Fevers Agues have intermission Fevers none and a Fever may so inféeble a man that it is not fit that such as Butler give him Physick But he ought to have said Febribus Anglicè Agues And then if the Plaintiff hath made a good declaration and the Defendant an insufficient barr if the Plaintiff upon his replication destroy his declaration he shall not have Iudgment But if the barr be insufficient and the replication onely vain and idle he shall have Iudgment upon his declaration 8 Rep. Dr. Bonham's Case the main point adjudged And 6 Rep. Francis Case the difference is taken where the replication was not well and made bad as to matter in Law It was said 34 H. 8. doth not meddle with the 14 H. 8. And it is plain that the 34 H. 8. did not intend to meddle but with Surgeons for it recites the mischief of their covetousness and therefore it appeareth that it was not the meaning of the Statute to take any thing from the Physicians But the purview of the Statute 34. meddles with the 14 H. 8. that was a cause of 1 Mariae for if credit may be given to Mr. Butler it gives liberty to every one that hath skill in Herbs to minister Potions Outward applications appertain to Surgeons but the giving of Potions appertain to Physicians for Potions plainly be Physick and then 34. takes therefrom that which was given to the College by the 14 H. 8. and if it be permitted that they may give Potions for the Stone c. all the abuses before remedied shall be restored This being in the purview of 34 H. 8. 1 Mariae was made and repeals all that the 34 H. 8. hath taken away from 14 H. 8. And I do agrée if two Statutes be made in the affirmative and the latter controll the former such construction shall be made that both may stand But if the last be Negative either in words or intention the former shall be repealed And here be such words that it is not possible that the other should stand 1 Mariae the words be that it confirms 14 H. 8. so that it shall be in force in every Clause And it is all one as if the words of 14 H. 8. had béen contained within this Stat. 1 Mariae And then how can the 14. and 34. stand together Also the very purpose of this Stat. 1 Mariae is to repeal 34 H. 8. For the rule Dyer 347. is that when 2 Statutes be and one séems to cross the other in substance and no Clause de non obstante in the latter exposition shall be made so as both may stand together if it may be But here is such a Clause notwithstanding any Statute c. and the purpose is apparent to repeal the 34 H. 8. in that part which giveth liberty to unskilfull ignorant persons to practise Physick And 1 Mariae doth stand upon 2 parts 1. It is a confirmation of 14 H. 8. 2. It gives the College further privilege And this part of the Statute were vain and idle if 34 H. 8. as to Physick were not repealed and some such thing was in the minds of the makers of 1 Mariae when they say any Statute to the contrary notwithstanding and there is not any Stat. after the 14. that impeaches this but the Stat. of 34. 2. It cannot be any departure here And I agrée the reasons before But the replication here maintains the title in the declaration and is no new matter and if it were yet it is raised by the barr and then it ought to be allowed in the replication For the Statute of 14 H. 8. being good untill 34. then the Stat. 1 Mariae restores and maintains 14 H. 8. 21 H. 7. 18. A Feoffment was pleaded in barr the Plaintiff shews that he that made the Feoffment was within Age the Defendant rejoyns that there was a custome that Infants of such an age there might make
Parliament was dissolved or prorogued In H. 6 's time the former method was altered and then Bills continentes formam Actus Parliamenti were first used to be brought into the House The Bills were before they were brought into the House ready drawn in the Form of an Act of Parliament and not in the Form of a Petition as before Vpon which Bills 't was written by the Commons Soit baile al Seigneurs and by the Lords Soit baile al Roy and by the King Le Roy le voet All this was written upon the Bill and the Bill thus endorsed was to remain with the Clerk of the Parliament and he was to enter the Bill thus drawn at first in the Form of an Act of Parliament or Statute upon the Statute Rolls without entring of the Answer of the King Lords and Commons upon the Statute Roll. And then issued out Writs to the Sheriffs with transcripts of the Statute Rolls viz. of the Bill drawn at first in the Form of a Statute and without the answer of the King Lords and Commons to the Bill to proclaim the Statutes Now this Record which is before us in Court upon the Mittimus is not a transcript of the Bill upon which the answer of the King Lords and Commons was written but it is a transcript of the Entry which was made upon the Statute Roll upon which Roll it is not necessary that the Royal Assent must be entred And though oftentimes the Royal Assent hath béen entred by the Clerk upon the Statute Rolls yet 't is not necessary that it should be there to make a good Statute it having béen before upon the Bill There be many Statutes which have not the Royal Assent to them entred upon the Statute Rolls This objection would destroy half the Acts of Parliament that be If in the body of the Statute it self the consent of the King Lords and Commons doth not appear 't is a void Statute 't is felo de se As in the case of 4 H. 7. fol. 18. which case is cited in Hobarts reports fol. 111. in the case there betwéen the King and the Lord Hunsdon and the Countess Dowager of Arundel and the Lord William Howard upon an Act of Attainder of a particular person the consent of the Commons did not appear in it and therefore saith the book all the Iudges held clearly that it was no Act and therefore he was restored And yet it doth not hold true generally that in the body of the Act the thrée Assents must particularly appear especially in cases of Ancient Statutes The reason is because the Forms of drawing up and wording ancient Statutes were very various as 8 Cook Prince's Case King Edw. 3. authoritate Parliamenti grants by an instrument in Form of a Charter yet 't is there held that it was a Statute And this very Act here in question of 14 H. 8. hath always béen taken to be a good Act as in Dr. Bonham's case in the 8 report and in the 4 Inst and in Dr. Butler's case in Cro. Car. and in Jones's report But further Hales said that in this case here the Court is bound up to give Iudgment upon the Record that is certified unto the Court And by the Record certified it appears to the Court that it is a good Act of Parliament for in the Certificate made to the Court the thrée Assents of the King Lords and Commons are contained in the body of the Act. There be other Satutes of the same Sessions of Parliament viz. in 14 H. 8. which be as our Statute is viz. without the Royal assent upon the Roll of the Statute as the Act about the marrying of the Six Clerks cap. 8. and the Act of the Port of Southampton cap. 13. and other Statutes of the same Sessions and yet they have not béen ever questioned and in truth the Royal Assent was at the end of the Bills of that Sessions If the Defendant thinks that the certificate here is false it being of an Act of Parliament whenas he thinks there is no such Act The party grieved by such false Certificate is to take his remedy by way of Action upon the Case against the Person that made such false Certificate as the Clerk of the Parliament or the Clerk in Chancery but the Defendant cannot be admitted here in this Court to averr contrary to the Record certified and so to relieve himself this way for we have no power over those Records we cannot cause the Parliament Rolls themselves to be brought into this Court we take them to be as they are certified unto us Then the Counsel for the Defendant made a second objection viz. The issue here is whether there be such a Record or no and this issue is to be tried by the Record it self For all Records are of that high nature that they can be tried onely by themselves Now here the Tenor of the Record onely is certified and not the Record it self and therefore the issue here is not sufficiently proved by the Plaintiffs in Law And Pages case in the 5 rep was cited where 't is resolved that the Tenor of a Record is not pleadable at Common Law that 't is not sufficient at Common Law to shew forth to the Court the Tenor of Letters Patents but that the Letters Patents themselves must be produced to the Court 'T is the Record it self onely that is pleadable and not the Tenor thereof and by consequence 't is the Record it self that must be certified here to prove this issue of nul tiel Record and a Certificate of the Tenor onely is not sufficient Hales the Lord Chief Iustice answered that though the Tenor of a Record be not pleadable yet upon the issue of nul tiel Record the Tenor of the Record is sufficient to prove that issue the Tenor thereof being sent by way of Mittimus into the Court where the issue is depending upon that particular purpose onely Nul tiel Record may well be pleaded to a private Act of Parliament but it cannot be pleaded to a publick Act of Parliament the reason of the difference is for that the Court is bound to take notice of publick Acts of Parliament but not of private ones When execution may be awarded upon the Record certified there a Certificate of the Tenor is not sufficient because no execution can be granted upon a Tenor onely the reason thereof is this if execution might be upon the Tenor then two executions might be viz. one upon the Tenor in one Court the other upon the Record it self in the other Court and 't would be against reason that two executions should be for the same thing But where the Writ which commands the Court below to certifie a Record doth also tie up the hands of that Court from awarding any execution there a Certificate of the Tenor onely is sufficient as in some cases of Writs of Error upon Iudgment given in other Courts The like of Certiorari's to
he petitioned that he might answer the College action without an arrest which was granted provided he would find Sureties to answer the College Suit if he were cast at Law Which being done and this Cause appointed to be heard at the King's Bench Bar 6 of the Fellows of the College were deputed to attend there and after this hearing Dr. Harvey the Treasurer and the 4 Censors were desired to take special care in the future management of the College's cause against Butler who had procured a protection from the Lord Chamberlain upon which account 4 of the Fellows were ordered by the President to wait upon his Lordship to take off his protection that the College might proceed in their Suit against him The Lord Chamberlain upon their application declared his readiness to comply with the College's request and ordered his Secretary to write the following reference against Butler The College of Physicians having represented that one George Butler under colour of being sworne an extraordinary Chirurgion to his Majestie doth take upon him to give Physick and practise Chirurgery without either skill or Licence to the apparent prejudice and endangering of the lives of his Majestie 's subjects and thereupon desired leave to take the ordinary course of Law to inhibite his practice and to prevent the danger which may ensue thereby I do hereby declare and publish unto all such as it may concerne that I have and do give free leave and liberty unto the said College to use all lawfull wayes and meanes accustomed in like cases either by arrest or otherwise for the suppressing and prohibiting of the said Butler's further practice in as free and ample manner as if the said Butler had never been sworne the King's servant Whitehall the 25th of November 1626. About 8 months after several fresh complaints of great mischief done by Butler in his practice were exhibited against him As particularly for giving a sleeping potion to one Patient who was sound dead in his sleep The wife of this man thus murthered applied her self to the Censors and desired that Mr. Butler might be punished for professing that which he did not understand which she pressed the more because she said such a man as he might kill many both Body and Soul every one being not so well prepared for death as her husband She desired a Certificate from the College concerning Mr. Butler and his ill practice After this Butler sent a Letter to the President and College which being read was rejected After this a servant of Butler's acquainted the Censors that while she dwelt with him a woman came to him for Cure who within 3 weeks died and was carried away secretly without tolling the Bell or any Minister being called Upon this information Butler endeavoured to imprison this servant using all arts to take her which occasioned her application to the College for their protection complaining of the many injuries she had received from Mr. Butler since her appearing against him Wherefore the President ordered the following Letter to be drawn up and presented to the Lord Chief Justice in her behalf MAy it please your Lordship to understand that the Petitioner on the 7th of Jan. last past came to our College voluntarily to complain of the evil practice of Mr. Butler as is in the petition specified since which time we are certainly informed that he hath laid heavy actions upon her and kept her in prison as is above specified We conceiving the chief grounds of his violent proceedings against her to have risen upon her complaint made to us In consideration of her misery We having noe power to relieve her doe presume humbly to intreat your Lordship to take such course as your Lordship in your wisdome shall think fit that she may obtain the benefit of her Petition After this Dr. Winston signified to the College that Butler sent a petition to him to be presented to the College which he refused Then Butler sent a Letter to the President after which it was agreed that if he paid in the money recovered and due to the College before the Term then the other Suits depending might be suspended if it pleased the President A Letter about this time in the behalf of Butler was brought from the Lord Chief Justice of the Common Pleas by Captain Butler directed to the President and Censors of the College the Contents of which are the following Mr. Doctor Argent I Am informed of a Judgment which is obtained against Mr. Butler at your Suit and the rest of the College of Physicians for 60 l. which I find him very willing and ready to satisfie so far forth as his ability will give leave for the present He will pay half the money in hand and the next some time the next Terme which I conceive is no ill payment his estate considered Therefore I desire you and the rest of your College to take him thus far into your consideration And what you do herein I shall take as done in respect of me who am intreated to write in his favour by some whom I am willing to satisfy in this request appearing to me to be but reasonable and little hurtfull to your selves But to animate him of any other against your Government I neither do nor ever will write Your very assured loving friend Ro. Heath Julii 1. 1633. Captain Butler promised that on Friday 36 l. of the money due from Butler should be paid and desired time till the next Term for the payment of the rest The College took time to consider for a few days and then promised him their answer Upon the Friday aforementioned according to promise Captain Butler brought 36 l. from Mr. Butler to whom by Mr. President 's appointment was given the following note It was ordered by Mr. President and Censors the 5th of July 1633. that Mr. George Butler having sent in 36 l. in part of Payment of the 66 l. due to the College by a judgment given against him in the King's Bench in Easter Term in the 7th year of his Majestie K. Charles 1. his Reign at the request of the Lord Chief justice of the Common Pleas should have time given him for the payment of the other 30 l. till the 20th of November next ensuing and in the mean time all prosecution upon the foresaid judgment should surcease Mrs. Bendwell was complained of by Thomas Audley for undertaking his cure in 3 days though in a Hectick Fever she telling him that she had cured those whom the Doctours had left and could not cure She gave him a Purging drink that wrought day and night and brought him to exceeding weakness He said that about the same time she gave his Laundress physick of whom she had Linen to pawn which she was warned to bring in Complaint was likewise made against her by a man and his wife who had bargain'd with her for a cure and had pawned a dozen of Napkins to raise money for her payment c. She
But though he did not appear yet evil practice being proved against him by several the Censors fined him 20 li. and ordered his imprisonment till it was paid as soon as the College Officer could take him Mr. Buggs Apothecary was complained of for practising physick being charged therewith he said that he would not accuse himself but that being proved against him he refused to give any answer behaving himself very insolently and saucily After this He was accused by a Gentleman to whom he gave great hopes of curing his Son pretending himself a Physician but when he saw that he would dye he engaged this Gentleman to the Tavern demanded money of him and after a week sent him a bill Buggs gave a Vomit to another which wrought so churlishly that for 3 hours the sick person was in continual lipothymies One Watson took physick of Buggs who dyed under his hands Dr. Grent acquainted the Censors that a Pewterer complained of Buggs who by his physick put out his Eyes Complaint was likewise made that he gave physick to one Burton who dyed by 3 a Clock the next morning the particular account of which is the following Laurence Relfe servant to Mr. George Burton Haberdasher saith that he was sent by his Master to call Mr. Buggs to him and he thinketh that Mr. Buggs was with his Master Maii 4 o in the morning and further saith that his Master was that day abroad in divers places and that coming home he complained that he was stuffed in the stomach and could hardly fetch his breath and that having sitten a while and rested himself he found himself well But he having met with Mr. Buggs in the evening and complaining that he was stuffed in the stomach Mr. Buggs promised speedily to help him and thereupon in the evening sent him a Clyster which Mr. Burton then refused to take finding himself well and having as he said a good stomach to his Supper he would first sup After Supper Mr. Buggs's man came again the rising from the Table he went to his Chamber where the Fellow gave him the Clyster upon which he fell presently very sick so that the Fellow went home to tell his Master how ill Mr. Burton was who presently sent him some things to take which was after acknowledged to be Syrup of Violets and Flos Sulphuris But he growing worse and worse Laurence Relfe was sent to fetch Mr. Buggs himself who brought him by twelve a Clock at night to his Master where presently Mr. Buggs did let Mr. Burton bloud after which seeing him to grow sicker Mr. Buggs went home saying he would send him some things to give him ease which he sent by his own servant being three things each of the bigness of a pryone which he took all severally and dyed by 3 a Clock in the morning William Wallye Mr. Buggs's man being called to inform the College the truth of this business concerning Mr. Burton saith that he knew Mr. Burton and that he dyed on Friday last and that his Master made a Clyster for Mr. Burton which was sent by his younger Fellow and given about 7 at night and that about 12 at night his Master let Mr. Burton bloud but this Wallye was not with his Master at the doing thereof for he was at the Tower giving one Mr. Foster a Clyster which his Master ordained and sent him to give and more he knoweth not Upon this and the like informations the College prosecuted Mr. Buggs at Law whereby he was made a prisoner in the Fleet after which the President presented to the College the following Letter sent from the Lord Chief Justice of the Common Pleas about granting Mr. Buggs an Habeas Corpus for the Summer Vacation To his very worthy friends the President and College of Physicians in London Gentlemen MAster Iohn Buggs a prisoner in the Fleet at your suite and at the suite of one more onely hath been a suiter for an Habeas Corpus The other hath both by word and writing given his consent He informeth me that with a little liberty he will make soe good use thereof as to give you satisfaction which otherwise he shall be disabled to doe and he will not give your College offence I recommend him to your selves and desire a word from you whether you will be entreated to doe this for this tourn onely If his carriage hereafter shall not be such as shall deserve your favour his condemnation will be the greater otherwise you may doe honour to your selves and subdue him by a courtesy For my selfe I am and shall alwayes be Your very loving friend 30 June 1632. Ro. Heath At the request of some friends I will him well but will not overrule but perswade your consent To this Letter the President returned the following Answer To the Right Honourable Sir Robert Heath Lord Chief Justice of his Majestie 's Court of Common Pleas deliver this Right Honourable UPON the receipt of your Letter on the behalfe of Mr. Buggs for the obtaining of an Habeas Corpus I call'd our Society together Where I received a command from all first to give your Honour all humble thanks That you would be pleased to doe soe great a favour to our College as not to grant the Writt without our consent and especially with this addition not to overrule us For the quality of this Buggs we beseech your Honour to understand from us that he hath alwayes been a dangerous Empirick and against whom there are many complaints in our Register and never any man behaved himself with that insolency and contempt against our College as he hath done in arresting and suing to a tryall 3 of our Doctors for performing service to the Commonwealth in searching his Shop and carrying away his dangerous and evil medicines to be examined by the Censors Yea and since his eviction in this our suite he hath yet persisted in his evil courses and hath been an unfortunate Practitioner upon one Master Burton who having well supped and then received certain administrations from the said Buggs who also let him bloud that night with his own hands the Patient dyed before morning as we are informed and this very day we purposed to examine this businesse but that in tendernesse to your Honour we did forbeare till we had given you an accompt of him and his dangerous wayes As for the other Creditor we are informed that the debt was but supposed from the beginning onely to remove him from the Compter to the Fleet and therefore that consent was easy Sir the trust that the King and State hath placed upon us binds us in all duty and conscience to prosecute such dangerous abusers for the preservation of the lives of his Majestie 's people And therefore we beseech your Honour to continue your favour and help to suppress and punish such illiterate men as formerly you have done And we shall be bound to pray God for your Honour's health and safety And so I rest Your
same He accordingly brought the ensuing Letter My good friends I Understand by this bearer Tho Cooke that he is by your command in custody of a Messenger for some occasions best known to your selves upon which you have enjoyned him to repayre to me to make submission which accordingly he hath fully and fairely done with much sorrow and for my part I remit and forgive all offences to me and desire with your savours he may be freed and so wishing you all happinesse I rest Your loving friend Ka. Knyvett This 2d of March 1638. In the 5th year of this King's reign several Empiricks pretending their Protection from Court the President and Censors presented the following Petition against them to the Lord Chamberlain To the Right Honourable Philip Earl of Pembroke and Montgomery Lord Chamberlain to his Majesty The humble Petition of the President and Censors of the College of Physicians Sheweth THat whereas there are diverse Empiricks which contrary to Law and conscience presume to practise Physick in and about the City of London as one Butler a Glover Trigge a Lastmaker Buggs one of the Queen of Bohemia's Players sometimes an Apothecary One Hill one Blagden one Blank a Pewterer and one Sir Saunder Duncombe a Pensioner to his Majestie with diverse others against whom the College cannot take the benefit of their Charter and his Majestie 's Laws by reason that they shrowd themselves under the colour of being his Majestie 's servants The Petitioners humbly beseech your Lordship in tender regard of the health and safety of his Majestie 's subjects to give them leave to take the ordinary course of Law for the suppressing of the unlawfull practice of the aforesaid Empiricks and all others that shall assume the like boldnesse And they shall pray c. To this Petition the following answer was returned None of the persons complained of in this Petition nor any other are admitted to his Majestie 's service to intitle them to the practice of Physick against the Charter of the College and his Majestie 's Laws And therefore if the Petitioners conceive that they have cause of Suit having acquainted the partyes interested with my reference they may freely take the benefit of his Majestie 's Laws for their relief Pembroke and Montgomery Febr. 7. 1630. Humphrey Beven Chymist was complained of for giving a Vomit to one Royston's daughter who in the time of her vomiting fell into convulsions and died After this he was accused for giving a Medicine to Mrs. Lane on a knife's point upon the taking of which she voided clods of bloud upwards and next day her gums were made black thereby and so she fell to spitting and spawling till she died The President and Censors did not think this business fit for them to censure and therefore it was referred to the Courts of Justice Thomas Bowden Surgeon confessed that he directed severl Medicines as Purges Diet-drinks c. to a Patient for the Morbus Gallicus and thought it lawfull he being so taught by his Master The Censors examining the case could not discover it to be a Gonorrhoea impura but onely a strain gotten by a fall which caused the running of the reins The practice having been 2 or 3 years past the Censors inflicted no other punishment upon him but onely discommuned him untill he submitted to the College which was done by the consent of all the Fellows and signified by the Beadle to all their Members About the same time one Flud an Apothecary was likewise discommuned who afterwards submitted himself to the College and craved a release from their interdiction which was granted he paying the mulct of 20 s. Mr. Sweno Clark and Executour to one Mr. William Turner presented a Petition against Mr. Clapham an Apothecary for giving physick to the said Mr. Turner whose bills of charges he presented Mr. Clapham appeared to whom Mr. President declared the complaint made against him concerning his practising Physick upon one Mr. Turner and of his suing the Patient's Executours and required him to produce what Doctours bills he had in that case Mr. Clapham answered that he had Dr. Peter Moyden alias Muden his Bills even from September 1630. till the latter end of March following which Dr. Moyden was sometime his fellow-servant in Mr. Garret's house but afterwards fell to the study of Physick He confessed that the Doctour never was with Mr. Turner onely saw his urines at Mr. Clapham's shop and was instructed by him of the disease He saith farther that Mr. Turner much despised Physick and Physicians yet relied upon him and was content at the last that Dr. Bruart should be brought to him who came as he said too late Margaret Woodman dwelling in Alhallows in the Wall who kept Mr. Turner in his sickness saith that Mr. Clapham did usually look upon Mr. Turner's urines causing them often to be turned sometimes liking and sometimes disliking them and that all the time she was with him which was 10 weeks she knew of no other Doctour but Mr. Clapham and she saith farther that by his bathing and medicining him his Legs did not onely swell but that his Toes rotted and his Legs became extremely noisome Mr. William Kerbye in Maiden lane Merchant saith that Mr. Turner being taken with a giddiness fell and by his fall hurt his Hip for which he did advise him to use Counsel and he answered he used Mr. Clapham who was his old acquaintance but Mr. Kerbye wishing him to use better Counsel he said that Mr. Clapham told him he had the Counsel of a Doctour and further saith that then he could use his armes well and that even to his death almost he had his senses well and he saith that he told Mr. Turner that Mr. Clapham had received of him 50 li. to which he answered that he had had of him twice as much And he saith that Mr. Bruart coming to him said he was called too late Mr. Henry Shelberrye Scr. faith that Mr. Turner had his fall about the 7th of October last to whom Mr. Turner said he feared the swimming of his head of which he had a fit 20 years ago coming from Paul's and he asked Mr. Turner whose Counsel he used he said Mr. Clapham was his ancient Apothecary and one that knew his body well yet that he had moneys from him for a Doctour Mr. Slater saith that he was with Mr. Turner the day he dyed and that he heard Mr. Turner's Maid blame Mr. Clapham who she said had received of her Master in his sickness well near 100 li. Mr. Clapham saith that if he would have taken 5 li. or 6 li. for his Bill that then this complaint had not been made Mr. Clapham neglecting to attend the Censors upon due warning they gave Mr. Sweno the following Certificate upon mature deliberation WHereas Mr. William Sweno Executor to one Mr. William Turner deceased in April last hath complained to us the President and Censors of the College of Physicians in London of
his medicine till they should be reconciled Iohn Hope an Apothecarie's Apprentice The Coroner of London complained that a person was suspected to be poisoned by an Apothecarie's man with a Potion given by him He desired the Censors to examine the Case which was the following Elizabeth Vaughan of Puddle Wharf the Widow of Rowland Vaughan deceased complaineth that her late husband being not very well went to Mr. Elliot's the Apothecarie's house whom he found not within but found his man Iohn to whom the said Vaughan said There is no looking upon your Master under 2 s. 6 s. and the said Iohn answered he might have a Medicine better cheap but Vaughan said it must be a strong one for he had a strong body So the said Iohn gave him 2 Apples of Coloquintida directing him to boil them in white Wine putting thereto some Cinamon and Nutmeg which his wife accordingly did and gave it to her husband about 7 a Clock next morning which wrought not till 11 at night but then he grew extreme sick in his belly and cryed out he could not live 2 days the Medicine wrought both upward and downward upward he vomited a fatty matter and downward he voided a pottle of bloud About 4 in the afternoon Mrs. Vaughan went to Mr. Elliot's house crying for her husband but Mr. Elliot himself made strange thereof but understanding that he had taken the infusion of Coloquintida it is said that he said he would not have given it to the Devil but he directed her to boil some milk and to give it him presently But Iohn Mr. Elliot's Apprentice came home after her and caused her to fetch some red Rose leaves and 3 ounces of honey which he boiled in milk and put it up for a Clyster which he put up about 11 at night and Master Vaughan died about 7 the next morning Besides the Clyster he also gave him half an ounce of Syrup of Coral in some Carduus water Iohn Hope Apprentice to Mr. Elliot being then present acknowledged the giving the 2. Apples of Coloquintida in the manner aforesaid and he further confessed that he had sold 12 Apples of Coloquintida to divers women who used to boil them in white Wine since he hath dwelt with Mr. Elliot which is about 2 years and a half The Censors sending for the parties examined did particularly consider of the practice of Iohn Hope Apprentice to Mr. Elliot upon the body of the said Rowland Vaughan by giving him the decoction of 2 Apples of Coloquintida and adjudged the same to be evil practice in the highest degree and such as did transcend the Censure of our College and therefore they did remit it in all humility to the higher Courts of Justice Upon which this Testimony following was given to the said Elizabeth Vaughan WHereas this 9th of May 1635. Elizabeth Vaughan complained at the College that her late Husband Rowland Vaughan had taken the decoction of 2 Apples of Coloquintida by the direction of John Hope Apprentice to Michael Elliot Apothecary These are to certify that we the sworne Censors for this yeare namely Dr. Fludd Dr. Winston Dr. Hodson Dr. Spicer doe affirme that it was evil practice in the highest degree and transcending the Censure of our College and therefore we remit it in all humility to the higher Courts of Iustice This was the Act of the Censors the day and year above written Quod testor Guliel Clement Med. Dr. Regestar Collegii Medicorum London Mr. President desired that diligent search might be made after the sellers of purging Diet-Ales and such Comfit-makers as sold purging Confections Dr. Mayerne wrote a Letter to Mr. President complaining of Mr. Evans a Minister who had abused his name about his Antimonial Cup Upon which 4 Fellows of the College were sent to the Archbishop of Canterbury to acquaint his Grace therewith and with the import of Sir Theodore Mayern's Letter After this Evans was brought before the High Commission where the Archbishop asked him for his Orders which he had not then present He then caused him to be sworn to answer to such Articles as should be objected against him His Grace was highly displeased at the printing of his Book of which all that could be found were taken away The College Beadle was to help to find out more that they might be destroyed Sir Nathanael Kitch dyed of a Vomit made by this Antimonial Cup. The Lady Amye Blunt died by the same Medicine in Charter-house yard Another case of the same kind was reported by Dr. Harvey Mr. President admonished the Fellows that none of them should send their Bills to the discommuned Apothecaries who were the following viz. Mr. Edwards Mr. Cooke Mr. Weale Mr. Haughton Mr. Holland and Mr. Kendall In the 10th of this King's Reign Dr. Winterton Professour of Physick in Cambridge wrote the following Letter to Dr. Foxe President of the College concerning the University's giving Licences or Degrees in Physick to unworthy and unfit persons To the Right Worshipfull and my much honoured friend Dr. Foxe President of the Physicians College at his house in Carter lane give these My service and best respects remembred MAster President and my much honoured friend Whereas I am given to understand that you have heard that the last yeare I would not give way to two or three for the obtaining a Licence to practise in Physick nor to a Doctor of Leyden to be incorporated with us without giving publick testimony of his abilities and I further understand that your self and the whole College are well pleased therewith I have cause to rejoyce and further thought fit at this time to acquaint you with my real intentions which I shall eagerly prosecute if I may have countenance and assistance I have observed and grieved to see sometimes a Minister sometimes a Serving-man sometimes an Apothecary oftentimes Masters of Arts whereof some have afterwards assumed holy Orders admitted to a Licence to practise in Physick or to be incorporated to a Degree without giving any publique testimony of their learning and skill in the Profession And what hath followed hereupon The Minister hath neglected his own Calling and trespassed upon anothers not without endangering the Souls of the people of God and the losse of the Lives of many of the King's subjects The Serving-man and Apothecary upon a Licence obtained have been presently made Doctors by the breath of the people and Doctors indeed undervalued Masters of Arts after Licence obtained have taken as I said holy Orders that if one profession did faile them another might supply them And Incorporation being in an instant obtained by a little summe of money which by orderly proceeding I speake concerning the Doctor 's Degree would cost 12 years study in the University besides performance of exercises and much expence It is come to passe that in the University at this time I doe protest I doe not know any one that intends the study of Physick and practice thereof according to the
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