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
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
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
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
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