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
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
limited by the said Statutes concerning the same and that none whosoever are to meddle therein without our express consent and allowance And for that we are bound by Oth and otherwise charged in dutie and conscience to see the said Statutes duely from point to point observed so much as shall lie in our power so to do and for that intent and purpose have ordained among our selves certaine solemne meetings and assemblies which are in the yeare 16 times at the least only for the sufficient inquirie of the Premises These be to signifie unto you That as we oftentimes find manie offendors in that behalf by intruding themselves into our liberties and that to the great daunger of her Majestie 's Subjects and manifest infringing of her Lawes So among that number so offending it falleth out that no few of your Company are culpable in the same whom we for the most part have hetherto forborne ether to punish or molest and that only for the good will that we have always born to you and your Societie But for that we now see by daily experience that upon our lenitie and sufferance this inconvenience more and more increaseth insomuch that both in credit and otherwise it seemeth to touch us more neere then well can be indured We have therefore thought it good to put you in mynd thereof and therewithall earnestly and freendlie to request you that among your selves some such discreet Order may be taken heerin that the like offence heerafter maie not be committed by them or any of theirs Wherein if we shall perceave you as ready to fulfill our honest request as we are willing to maintain good amytie and concord with you and your Companie we wil be very glad thereof and geve you thanks therfore If not then as we are fully minded to defend our privileges and to deale with the particular Offendors therein as order of Law and our Ordinances in that behalf requireth So we trust the body of your Societie will not be offended therewith And so we bid you most hartelie farewell this 12 of November 1595. In the 38th 1596. Roger Ienkins and Simon Read were both charged for illegal practice The first being a Surgeon by profession denied his being guilty thereof which notwithstanding was proved by his giving judgment upon Urines undertaking cures c. Wherefore he was enjoyned to pay a fine to the College give bond not to practise and interdicted that profession He submitted to the censure of the College and promised to give bond of 40 l. that he would not practise in Physick But that being afterwards proved against him the Censors committed him to prison with Read and others by the authority of the College signed with their Common Seal As for Read he being examined by the Censors in Latin according to the Custome of the College refused to answer in that language being then permitted to answer in English he likewise refused it Being then allowed to answer in writing what account he could give of any disease which he would make choice of he chose a Diarrhoea and being examined what that was he told them it was a flux of the Womb proceeding from gross humours in the Stomach He was judged illiterate and altogether unskilfull in Physick At the same time he was complained of by one Cuckston for undertaking the cure of his wife labouring under Melancholy whom he had bled purged and hanged a paper charm about her neck The Censors fined him 5 l. and committed him to Prison About a month or 5 weeks after Read procures a Letter to the College from a person of Honour in his behalf upon whose account the College agreed to deal favourably with him upon the following conditions 1. That he should release a poor man out of Prison which he laid in Gaol under the knavish pretence of a debt of 〈◊〉 when in truth he owed him nothing the whole profâ—…n being vexatious 2. That he should release another poor man from Prison and further prosecution and restore him 40 â— unjustly taken from him under the pretence of curing his wife 3. That he should be obliged to the College with good Sureties in a bond that he would not practise Physick in London nor within 7 miles of the same Which conditions being performed the Censors order'd his release from Prison and forgave him his fine After this he was summoned a second time before the Censors and charged for illegal practice he confessed it and declared that he could live by no other employment wherefore he was again committed to prison and fined 20 l. propter illicitam suam praxin About 2 months after Ienkins and Read procured a Habeas Corpus from Sir Iohn Popham Lord Chief Justice of England for their appearance before him the full account of which is thus entred in our Register April 8. 1602. There was an assembly of the President Censors and Fellows of the College convened in order to hear and consider what Ienkins and Read whom they had lately committed to prison could say for themselves why they should be discharged they having falsely made complaints of the severity and injustice of the College by which means they had procured a Writ called Corpus cum causa from Sir Iohn Popham Lord Chief Justice of England in order to a full hearing of this cause before him Wherefore the College deputed the Censors to wait upon the Chief Justice to acquaint him with the truth and Justice of their proceedings and to expect his Lordships judgment therein Accordingly they met Ienkins and Read at the Chief Justice's house highly complaining of the wrong done them by the President and Censors of the College by whose authority they were committed to prison for illegal practice and continued there for some weeks One Mr. Harris a Counsellour at Law appeared in behalf of Ienkins and Read The Chief Justice having diligently read over the Statutes of the Kingdom relating to Physick demanded of Ienkins how he durst practise that Art without a Licence from the College Upon which he first denied practice then answered ambiguously and with hesitation At length fearing lest the Chief Justice should give him his Oath he confessed that he had sometimes practised but as he thought not illegally What saith the Judge did you ever procure the College Seal to justify your practice No saith Ienkins but I practised as a Surgeon and in that art the use of inward Remedies is often necessary To which the Chief Justice answered That in such cases a Physician was to be called it being upon no such account lawfull for the Surgeon to invade the Physician 's Province The Counsel for these Empiricks objected that the President and Censors had no authority to commit to Prison but onely to leave their causes to be determined by other Judges The Chief Justice reproved their Counsel and declared that the Authority of the College in committing to prison was very legal and valid Ienkins then complained very much quod
a Warrant from the Lord Chief Justice taken out of Prison and restored to his liberty Wherefore it was ordered that the President and one of the Censors should wait upon the Chief Justice with a Petition from the College to request his favour in defending and preserving the College privileges upon which Anthony submits himself to the College's censure and begs their favour Wherefore it was ordered that he should forthwith pay to the Treasurer of the College the 5 l. due sor his fine which he â—…ed to do and was likewise interdicted practice Not long after he was again accused of practising Physick which he confessed wherefore he was punished 5 l. for practising against the Statutes of the College and his own promise But he resusing to pay it was committed to prison and fined 20 l. About 8 months after order was given by the Censors for prosecuting him at Law he having confessed 3 years practice within the City and his prescribing medicines lately to one that died and to another in great danger After this Anthony's wife petitioned the College that they would deal mercifully with her husband and restore him to his liberty This Petition was rejected it being now out of the College's power to set him at liberty the suit depending being commenced in the Queen's name as well as the College's Wherefore about 2 months after Mrs. Anthony delivered a second Petition to the College with so great importunity and tears that partly upon that account and partly upon the account of Anthony's poverty c. they granted the following Warrant to the Keeper of the Prison Whereas Francis Anthony at the Suite of the President of the College or Comminaltie of the Physicians of the City of London lieth in execution after Iudgment for a certaine summe of money whereof 30 l. are due unto her Majestie and the rest to the said President for the time being and the Comminaltie We the said President and Comminaltie aforesaid are contented for our parts so much as concerneth us to discharge the abovenamed Francis Anthony so that it be no ways prejudicial to her Majestie 's part due upon the said execution Given under the College Seal this 6th of August 1602. Regnique Reginae Elizabethae quadragesimo quarto Two years after Anthony's release from prison Dr. Taylor with 2 Physicians more of the College and some other persons complained against him for prescribing Physick to several Patients amongst which one died upon the use of his remedies another lost all his teeth a third fell into such violent vomitings and looseness that the day after he died and charged his death upon Anthony who had said that when all other remedies failed him he used this as his last and extreme one which in the nature of it would either kill or cure The President and Censors gave order for his prosecution according to Law After which order several fresh complaints were brought against him as his prescribing his Aurum potabile to a Reverend Divine who upon his deathbed complained that this medicine had killed him he falling upon the use of it into an incurable inflammation of his Throat c. In the 43th Richard Edwards a servant of an Apothecary lately dead was charged for practising Physick He confessed that he had given Clysters and other medicines to some sick persons but not of his own invention but such as he had taken from bills on the file he likewise confessed that he had given various remedies to a woman troubled with the Scurvey c. Wherefore he was sent to prison and fined 5 l. A second time practice being proved against him he was fined 40 s. ob illicitam praxin In the 44th Iohn Clark being summoned by the Beadle to appear before the President and Censors to answer what should be charged against him for practising Physick without Licence wrote a Letter to excuse his absence which he said was not occasioned from from any contempt of College authority but from fear of being arrested by some Creditors About 6 months after he appeared and denied that he had practised from the time he was interdicted by the College but confessed that he had exposed to sale some choice waters the composition of which he was required to declare to the Censors upon a certain day appointed for that purpose upon the penalty of a contempt A month after appearing before the Censors he was required to give an account why he sold a Pint of Cinnamon water for 5 l. He answered that the College had no power to examine him that he made use of an extraordinary purging remedy and was master of another for Fevers made out of Mummy communicated to him by Hugo Plat that the book intituled Tuba Apollinis was wrote by him c. He was thrice admonished to think of a better course of life but notwithstanding obstinately persisting to violate the Laws of the Land and privileges of the College was fined 20 l. and ordered commitment to Prison but making his escape out of the custody of the College Officer he procured a Protection from the Lord Chamberlain upon which account the College directed the following Letter to be drawn up and presented by some of their Members to the Right honourable the Lord Chamberlain RIght Honorable and our very good Lord Understanding by the report of Mr. Dr. Forster our President that your Lordship is somewhat hardly conceated towards us and our College about the dealing with one Clark presupposed to be your Lordship's man We are humbly to crave your Lordship's patience and favourable heering till we have made plaine our true and innocent meaning therein May it please you therfore to understand That as we are bound by the Lawes and orders of the Realme and by a solemne Oath taken of every one of us particulerly for the strict observation of the said Orders So also we have had of late her Majestie 's Princely expresse commaundement that we should have a diligent care and circumspection for the punishment and weeding out of all such ignorant persons as under pretence of practising of Physick do mightily abuse her Majestie 's Subjects in that behalf as well to the great endaungering of their lives as also to the manifest exhausting of their goods And for that the numbre of those ill disposed abusers are moe in number then we can well find out and more subtle in their crafty devices then we can well express we have therfore of late obtained my Lord Chiefe Justice's most honorable Warrant for our better assistance in that behalf And now whereas one Clark among others hath been greatly complained of unto us by divers as a notorious offendor and malefactor among the rest and finding his dealing therein to be very offensive and to deserve just blame and correction and the man himself to be very weak and ignorant in the true principles of Physick beside the manifest contempt and breach of our privileges whereunto we are so precisely sworne We could
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
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
Seal of the late King of famous memory King Edward the fourth dated at Westminster the four and twentieth day of February in the first year of his Reign which afterward as well by our most dread Sovereign Lord as by the right noble and virtuous Prince King Henry the seventh Father unto the King 's most excellent Highness now being were and be confirmed as by sundry Letters Patents thereof made amongst other things in the same contained more at large may appear and the other Company called the Surgeons be not incorporate nor have any manner Corporation which two several and distinct Companies of Surgeons were necessary to be united and made one body incorporate to the intent that by their union and often assembly together the good and due order exercise and knowledge in the said science or faculty of Surgery should be as well in speculation as in practice both to themselves and all other their said servants and Apprentices now and hereafter to be brought up under them and by their learning and diligent and ripe informations more perfect spéedy and effectual remedy should be than it hath béen or should be if the said two Companies of Barbers and Surgeons should continue severed asunder and not joyned together as they before this time have béen and used themselves not medling together Wherefore in consideration of the Premises Be it enacted by the King our Sovereign Lord and by the Lords spiritual and temporal and by the Commons in this present Parliament assembled and by the authority of the same That the said two several and distinct Companies of Surgeons that is to say both the Barbers and the Surgeons and every person of them being a Frée-man of either of the said Companies after the custom of the said City of London and their Successors from henceforth immediately be united and made one entire and whole Body Corporate and one Comminalty perpetual which at all times hereafter shall be called by the name of Masters or Governours of the Mystery and Comminalty of Barbers and Surgeons of London for evermore and by none other name And by the same name to implead and be impleaded before all manner of Iustices in all Courts in all manner of Actions and Suits And also to purchase enjoy and take to them and to their Successors all manner of Lands Tenements Rents and other Possessions whatsoever they be And also shall have a common Seal to serve for the business of the said Company and Corporation for ever And by the same name peaceably quietly and indefeizably shall have possess and enjoy to them and to their Successors for ever all such Lands and Tenements and other Hereditaments whatsoever which the said Company or Comminalty of Barbers have and enjoy to the use of the said Mystery and Comminalty of Barbers of London And also shall peaceably and quietly have and enjoy all and singular Benefits Grants Liberties Priviledges Franchises and frée Customs and also all manner of other things at any time given or granted unto the said Companies of Barbers or Surgeons by whatsoever name or names they or any of them were called and which they or any of them now have or any of their Predecessors have had by Acts of Parliament Letters Patents of the King's Highness or other his most noble Progenitors or otherwise by any lawfull means had at any time afore this present Act in as large and ample manner and form as they or any of them have had might or should enjoy the same this union or conjunction of the said Companies together notwithstanding And as largely to have and enjoy the premises as if the same were and had béen specially and particularly expressed and declared with the best and most clearest words and terms in the Law to all intents and purposes And that all persons of the said Company now incorporate by this present Act and their Successors that shall be lawfully admitted and approved to occupy Surgery after the form of the Statute in that case ordained and provided shall be exempt from bearing of Armour or to be put in any Watches or Inquests And that they and their Successors shall have the search oversight punishment and correction as well of Fréemen as of foreign for such offences as they or any of them shall commit or doe against the good order of Barbery or Surgery as afore this time among the said Mystery and Company of Barbers of London hath béen used and accustomed according to the good and politick Rules and Ordinances by them made and approved by the Lords Chancellor Treasurer and two Chief Iustices of either Bench or any thrée of them after the form of the Statute in that case after ordained and provided 2. And further be it enacted by the authority aforesaid That the said Masters or Governours of the Mystery and Comminalty of Barbers and Surgeons of London and their Successors yearly for ever after their said discretions at their frée liberty and pleasure shall and may have and take without contradiction four persons condemned adjudged and put to death for felony by the due order of the King's Laws of this Realm for Anatomies without any further suit or labour to be made to the King's Highness his Heirs or Successors for the same And to make incision of the same dead bodies or otherwise to order the same after their said discretions at their pleasures for their further and better knowledge instruction insight learning and experience in the said Science or faculty of Surgery Saving unto all persons their heirs and successors all such right title interest and demand which they or any of them might lawfully claim to have in or to any of the lands and tenements with the appurtenances belonging unto the said Company of Barbers and Surgeons or any of them at any time afore the making of this Act in as ample manner and form as they or any of them had or ought to have had heretofore Any thing in this present Act comprised to the contrary hereof in any wise notwithstanding 3. And forasmuch as all persons using of the Mystery or faculty of Surgery oftentimes meddle and take into their cure and houses such sick and diseased persons as been infected with the Pestilence great Pocks and such other contagious infirmities do use or exercise Barbery as washing or shaving and other feats thereunto belonging which is very perillous for infecting the King's liege People resorting to their shops and houses there being washed or shaven Wherefore it is now enacted ordained and provided by the Authority aforesaid That no manner person within the City of London Suburbs of the same and one mile compass of the said City of London after the feast of the Nativity of our Lord God next coming using any Barbery or Shaving or that hereafter shall use any Barbery or Shaving within the said City of London Suburbs or one mile circuit of the same City of London he nor
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
before them said that he would not be ruled nor directed by them being such grave and learned men And for that he hath practised against the Statute he was worthily punished and committed for it should be a vain Law if it did not provide punishment for them that offend against it And Bracton saith Nihil est habere Leges si non sit unus qui potest Leges tueri and for this here are four grave and discréet men to defend and maintain the Law and to punish all Offenders against it according to the Statute by imprisonment of their bodies and other reasonable ways and the said four men have the search as well of those men as of other Medicines And the Statute of 1 Mary provides that the Kéepers of Prisons shall receive all which are committed by the said four learned and grave men And though there be great care committed to them by the said Statute and the said Letters Patents yet there is a greater trust reposed in them than this for we commit to them our lives when we receive Physick of them and that not without cause for they are men of gravity learning and discretion and for that they have power to make Laws which is the office of the Parliament for those which are so learned may be trusted with any thing and for the better making of these they have power to assemble all the Commons of their Corporation and the King allows of that by his Letters Patents for it is made by a congregation of wise learned and discréet men and the Statute of 1 Mary inflicts punishment upon contempts and not for any other offences And they hold a Court and so may commit as every other Court may for a contempt of Common Right without Act of Parliament or Information or other legal form of Procéeding thereupon as it appears by 7 H. 6. for a contempt committed in a Léet the Steward committed the offender to Prison and it was absurd to conceive that the Statute will allow of Commitment without cause And it is a marvellous thing that when good Laws shall be made for our health and wealth also yet we will so pinch upon them that we will not be tryed by men of experience practice and learning but by the Vniversity where a man may have his Degrée by grace without merit And so for these reasons he concluded that this action is not maintainable Coke Chief Iustice said That the Cause which was pleaded why the Plaintiff was committed was for that he had exercised Physick within the City of London by the space of a month and did not very fitly answer for which it was ordained by the Censors that he should pay a hundred shillings and that he should forbear his practice and that he did not forbear and then being warned of that and upon that being summoned to appear did not appear and for that it was ordained that he should be arrested and that after he was summoned again and then he appeared and denied to pay the hundred shillings and said that he would practise for he was a Doctor of Cambridge and upon that it was ordained that he should be committed till he should be delivered by the Doctors of the College and upon this was the Demurrer joyned And in pleading the Plaintiff said that he was a Doctor of Philosophy and Physick upon which the Lord Chief Iustice took occasion to remember a saying of Galen that is Ubi Philosophia desinit ibi Medicina incipit and he said the onely question of this Case depends not upon the payment of the said hundred shillings but upon the words of the Letters Patents of the King and the said two Statutes the words of which are Concessimus eidem Praesidenti c. Quòd nemo in dicta Civitate aut per septem milliaria in circuitu ejusdem exerceat dictam facultatem nisi ad hoc per dictum Praesidentem communitatem seu Successores eorum qui pro tempore fuerint admissus sit per ejusdem Praesidentis Collegii literas sigillo suo communi sigillatas sub poena centum solidorum pro quolibet mense quo non admissus eandem facultatem exercuerit dimidium inde nobis haeredibus nostris dimidium dicto Praesidenti Collegio applicandum Et praeterea volumus concedimus pro nobis c. Quòd per Praesidentem Collegii communitatem pro tempore existentes eorum Successores in perpetuum quatuor singulis annis per ipsos eligantur qui habeant supervisum scrutinium correctionem gubernationem omnium singulorum dictae Civitatis Medicorum utentium facultate Medicinae in eadem Civitate ac aliorum Medicorum forinsecorum quorumcunque facultatem illam Medicinae aliquo modo frequentantium utentium infra eandem Civitatem Suburbia ejusdem sive septem milliaria in circuitu ejusdem Civitatis ac punitionem eorundem pro delictis suis in non bene exequendo faciendo utendo illa nec non supervisum scrutinium omnium medicinarum earum receptionum per praedictos Medicos sive aliquem eorum hujusmodi ligeis nostris pro eorum infirmitatibus curandis sanandis dand ' imponend ' utend ' quoties quando opus fuerit pro commodo utilitate eorundem ligeorum nostrorum Ita quod punitio hujusmodi medicorum utentium dictâ facultate medicinae sic in praemissis delinquentium per Fines Amerciamenta Imprisonamenta corporum suorum per alias vias rationabiles congruas exequatur as it appears in Rastal Physicians 8018. 392. So that there are two distinct Clauses The first if any exercise the said faculty by the space of a month without admission by the President c. he shall forfeit a hundred shillings for every month be that good or ill it is not material the time is here onely material for if he exercise it for such a time he shall forfeit as aforesaid The second Clause is that the President c. shall have Scrutinium Medicorum c. punitionem eorum pro delictis suis in non bene faciendo utendo exequendo c. And for that the President and the College may commit any delinquent to Prison And this he concluded upon the words of the Statute and he agreed with Walmesly that the King hath had extraordinary care of the health of his Subjects Et Rex censetur habere omnes Artes in scrinio Pectoris and he hath here pursued the course of the best Physicians that is Removens promovens removens improbos illos qui nullius bonae conscientiae fiduciâ profitebuntur audaces promovens ad sanitatem And for that the Physician ought to be profound grave discréet grounded in learning and soundly studied and from him cometh the Medicine which is removens promovens And it is an old Rule that a man ought to take care that he do not commit his Soul to a
dicit quod non habetur aliquod tale recordum alicujus talis Statut ' Parliamenti praed ' Henrici Octavi nuper Regis Angliae edit ' qual ' per praed ' Praesiden ' Collegium seu Communitat ' qui tam c. in Narration ' praed ' superius inde recitat ' spec ' Et hoc parat ' est verificare unde pet ' Judicium si praed Praesiden ' Collegium seu Communitas qui tam c. action ' suam praed ' inde versus eum habere seu manutenere debeant c. Et praedicti Praesiden ' Collegium seu Communitas facultat ' Medicinae London qui tam c. dic quòd ipsi per aliqua per praed Adrianum superius placitando allegat ' ab actione sua praedicta tam pro dicto domino Rege quam pro seipsis inde versus ipsum Adrianum habend ' praecludi non debent Quia dic ' quòd habetur tale record ' praedicti Actus Parliamenti quale ipsi iidem Praesidens Collegium seu Communitas facultat ' Medicinae London qui tam c. superius inde narraâ—â—â— allegaver ' prout per record ' inde in cur ' Cancellar ' dicti domini Regis nunc apud Westm ' in com' Midd ' de recordo residen ' plenius constat de recordo Et hoc parati sunt verificare per record ' inde prout cur ' hic cons c. Et superinde dictum est per Cur ' hic praefat ' Praesiden ' Collegio seu Communitat ' facultat ' Medicinae London qui tam c. quod habeant record ' praed ' Actus Parliamenti coram domino Rege apud Westm ' die prox ' post periculo suo incumbend ' Idem dies dat' est praedicto Adriano ibidem c. Ad quem diem coram domino Rege apud Westm ' ven ' partes praed per Attorn ' suos praed ' Et praed Praesiden ' Collegium seu Communitas facultat ' Medicinae London qui tam c. deliberavit hic in Cur ' dicti domini Regis record ' praed Actus Parliamenti superius allegat huc missum è Cur ' Cancellar ' dicti domini Regis nunc virtute cujusdam brevis ex praed Cur ' Cancellar ' dicti domini Regis nunc emanen ' ac Justic ' domini Regis ad placita coram ipso Rege in Cur ' hic tenend ' assign ' direct ' Quod quidem Record ' reman ' hic in t ' Record ' hujus Termini fine die affilat ' c. super quo Record ' praed ' lecto audit ' per Cur ' dicti domini Regis nunc hic diligent ' examinat ' manifest ' apparet Cur ' domini Regis hic quòd habetur tale Record ' Actus Parliament ' praed ' qual ' per praed ' Praesiden ' Collegium seu Communitat ' facultat ' Medicinae London qui tam c. superius allegat ' existit Ideo cons est quòd dictus dominus Rex nunc praed ' Praesidens Collegium seu Communitas facultat ' Medicinae London qui tam c. recuperent versus praefat ' Adrianum debitum praed ' Centum librar ' praed ' per ipsum Adrianum forisfact ' tam domino Regi quam praefat ' Praesidenti Collegio seu Communitat ' facultat ' Medicinae London qui tam c. occasione exercitii sui facultat ' Mâ—â—icinae in Civit ' London praed ' contra formam literar Paten ' praed ' Statuti praed ' Unde una medietas sit dicto domino Regi nunc altera vero medietas inde praefat ' Praesiden ' Collegio seu Communitat ' facultat ' Medicinae London qui tam c. Et praedictus Adrianus in Misericordia c. De Termino Sancti Hilarii Anno 27 28 Car. 2. 1675. in Banco Regis THe President and College of Physicians Plaintiffs against Huybert Defendant The Plaintiffs sued the Defendant upon their Letters Patents of H. 8. and the Statute of 14 H. 8. cap. 5. which confirms the same Letters Patents for practising of Physick in London for several months mentioned in the Declaration without any licence or leave of the College of Physicians whereby he forfeits five pounds for every month The Defendant pleaded nul tiel Record videlicet that there is no Record of any such Statute as the Plaintiffs have supposed in the Declaration And the Plaintiffs having joyned issue thereupon in Michaelmass Term last had then aday given to bring forth the Record thereof untill this present Hilary Term And now the Tenor of the Record of the said Statute was by way of Mittimus sent out of the Court of Chancery into the Court of Kings Bench to prove the issue for the Plaintiffs by which it appeared to the Court of Kings Bench that there is such an Act of Parliament as the Plaintiffs did declare upon Thereupon the Counsel at the Barr for the Defendant made two objections First that search had béen made by the Defendant among the Records of Parliament and it doth not appear there that the Royal assent was to this Act of Parliament mentioned in the Plaintiffs declaration and therefore there is not in truth or in Law any such Act of Parliament For when Statutes are enrolled the Royal assent ought to be entred upon the Roll also Hales the Lord Chief Iustice answered that this objection if it should be allowed to be a good one would endanger not onely this Act but many Acts of Parliament which have never yet béen questioned For there are many Acts of Parliament upon the Rolls whereof the Royal Assent doth not appear especially if they be ancient Acts And yet they have béen ever received as good Acts of Parliament For the method of procéeding in the making of Acts of Parliament was anciently different from that which is now used For formerly a Bill in the nature of a Petition was delivered to the Commons and by the Commons to the Lords and then was entred upon the Lords Rolls and there the Royal Assent was entred also And upon this as a ground-work the Iudges used at the end of the Parliament to draw up the Act of the Parliament into the Form of a Statute which afterwards was entred upon the Rolls called the Statute Rolls which were different Rolls from those called the Lords Rolls or the Rolls of Parliament Vpon which Statute Rolls neither the Bill or Petition from the Commons nor the Answer of the Lords nor the Royal Assent was entred but onely the Statute as it was drawn up and penned by the Iudges And this was the method till about H. 5 's time and in his time 't was desired that the Acts of Parliament might be drawn up and penned by the Iudges before the end of the Parliament And this was by reason of a complaint then made that the Statutes were not fairly and equally drawn up and worded after the
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
Brook Lord Chief Justice of the Common Pleas. To all Justices Mayors Sherifes Bailifes Constables and other Ministers and Officers and to all other to whom it apperteyneth the Praesident and College of Physicions in London sendeth gretyng WHere it hath pleased our late Soveraigne Lord and King of famose memory Henry the Eight with the consent of his Parliament holden at Westminster in the 14 and 15 of his gratiose reigne And our Soveraigne Lady Queen Mary with the consent of hir Parliament holden at Oxford in the first yere of his Reigne to give authority unto us the Praesident and College of Physicions in London for the helth and safetie of their Subjectes to survey oversee examyn judge correct and govern al Physicions foren and others together with their Medicines which practise within the City of London the Suburbes of the same seven miles compasse and the rest of England with authorite to committe al offenders against the said Actes for their offenses or disobediences to all their Prisons And comandement to yow all upon request to yow made by us to helpe aide and assiste us and all persons by us from time to time authorised for the due execution of the said Actes and Statutes upon payne for not gevyng such aide and assistence to runne in contempt of the Quenes Majeste her heires and successors We desire yow all and by virtue of the Lawes abovementioned do require yow and every one of yow as you tendre the good meanyng and due execution of the said Actes and Lawes and also your owne healthes lyves and sanitie of your Cuntres that yow aide and assiste our welbelovyd N. by us authorised in al such thinges as he shall require your aide and helpe for the due execution of the said Actes and Lawes for that we understand by complayntes made unto us that many lewde undiscreete and unlearned persons as wel strangers as of our owne nation be resident in your Cities Townes and Countreis and others wandryng about in the same with chaungeable names and false medicines to your gret abuse deceyte of the Kynges people and losse of goods and lyves of the same Yeven at our College in London under our commune Seal the xxth day of Septembre in the yeare of our Lord God 1556. And in the third and forth yeare of the Reigne of Philip and Mary by the grace of God Kynge and Quene of England Spayne Fraunce both Sicilies Ierusalem and Irelande Defendors of the Faith Archdukes of Austrie Dukes of Millane Burgundy and Brabant Counties of Haspurge Flaunders and Tyrolle According to the purport of the forementioned Letter the College constituted seeral Visitors to whom they granted authority in their name that they should not suffer any to practise Physick throughout England unless such as had taken their degrees in Cambridge or Oxford without grace or were licensed by them or the College under their publick Seals All others were obliged to enter into recognisance that they would not practise till they had been examined and approved by the President and Elects of the College under their Hands and Seals Such as did refuse to give obedience to these Laws were by the Justices Mayors and other Officers committed to Prison till they submitted to the due execution of them In the third year of the Queen's Reign the Surgeons and Apothecaries were prohibited the practising of Physick and the latter required that they should not divulge the names of Medicines nor deliver Physicians Bills to the Patients they often proving of dangerous consequence to them Several Empiricks were likewise prosecuted and punished and others forced to flee the Town In the 4th year of the Queen's Reign the College summoned before them the Wardens of the Grocers and all the Apothecaries of London and the Suburbs thereof and enjoyned them that when they made a dispensation of Medicines they should expose their several Ingredients of which they were compounded to open view in their shops for 6 or 8 days that so the Physicians passing by might judge of the goodness of them and prevent their buying or selling any corrupt or decayed Medicines the Wardens as well as the Apothecaries were willing to submit to the judgment of the Censors in this affair After this the following Letter from the Queen was read to the Wardens and Apothecaries To our trustye and welbelovyd the President and College of Physicians within our City of London TRustie and welbeloved we grete yow well And where our derest Father King Henry the Eight by his Acte of Parlament in the xxxii yere of his Reigne did give full Authorite and powre unto the President for the tyme beyng of the College of Physicions in London and the Commones and Felowes of the same and their Successors that thei yerely at such tyme as thei shuld thinke mete might serche view and examyne al such Poticary wares and drugs as the said Poticaries have or at any tyme after shuld have and thereof all such druggs as they shuld finde unholsome and corrupted to burne and destroye accordyng to the meanyng and purporte of the said Acte confirmed and enlarged by us the said Quene in our Parlament in the first yere of our Reign We consideryng how necessarie it is that the said Acte sholde be executed for divers considerations towching healthe and saulftye of our liege people and for the avoyding of the like daunger and gret inconveniences that may herafter chance and were like to have chaunced lately to one of our Nobilite by ignorance of the Byar and negligence of the Seller of certeyn wares Doe streightlye wyll and command yow not onlie from henseforthe to put the said Acte in dewe execution but also by theis presents doe give you like charge and therewith full power and authorite to call and convent before yow the Wardens of the Grocers and al the Apothecaries within the limitts and precincts of your liberties and priviledges to yow graunted by us and our Progenitors and the Parlaments above specified and them streightly to charge and commande by authorite herof that from tyme to tyme hensforthe nether thei nor anye of them do entreprice to sell or retayle any such wares drugge or druggs as hath in theim anie spice of venome or suspicion of poyson or such other as by the receivyng of them at the handes of anie unlerned or of anie malitiouse or evyll disposed person maie by anie meanes greviously hurte or put in perille or daunger of lief anie of our Subjectes of what estate or degre soever he or thei be Onlesse the seller of anie of the said druggs be well assured of the honestie true dealyng and good intent and skille of the byar And first examyn the same for what intent or purpose he buyth the same and therewithall to note the name of the buyer and tyme of the buying Or else that the said Grocer or Apothecarie have with him remainyng the hand-writing of some discrete well lerned and authorised Physician for his discharge Willing
ob raram praxin and that by the prescription of others he should have so severe a fine inflicted upon which the College Register was searched and there it appeared that before this Fine he had been 6 times accused for practice and several times had been fined in small mulcts Upon which account the Chief Justice declared that he thought it most reasonable that after he had been treated with so great clemency and yet render'd himself incorrigible he should have a severe Fine inflicted upon him And by reason that Physicians bills were often pleaded to justifie illegal practice he thought it most advisable that all Physicians for the future should write upon all their bills their Patients names and day of the month and year by which means the Cheats of Empiricks and other Impostors might more easily be detected Thus the Chief Justice having heard this cause and well approved of the censure of the College ordered that Ienkins should be forthwith returned back to Prison untill he had given satisfaction to the President and Censors Some friends of Ienkins moving that he might give security for his appearance and not be reimprisoned the Chief Justice answered that it was not in his power to grant their request for the Laws of the Kingdom had determined that as a Privilege belonging to the President and Censors It was then objected that by the Law no Citizen of London could be imprisoned per forinsecum aliquem The Chief Justice reading the words of the Statute and observing that they would bear no such sense replied that by such interpretations they might likewise infringe his authority As to Read he complained that the College had fined him more than the Statute would allow upon which complaint the Chief Justice diligently looked over the words of the Statute and declared that the College might inflict what penalty they pleased but the Keeper of the Prison was not obliged to detain his prisoner if they exceeded the fine of 20 l. He then justified his practice by a Statute made in the 34 35 H. 8. C. 8. By which it was lawfull for any person having the knowledge of herbs c. to practise at least in some diseases to which the Chief Justice answered that this he ought not to do because he was not admitted by the College In short the sum of the Chief Justice's opinion in hearing and deciding this cause was the following 1. There is no sufficient Licence without the College Seal 2. No Surgeon as a Surgeon may practise Physick no not for any disease though it be the great Pox. 3. That the authority of the College is strong and sufficient to commit to prison 4. That the censure of the College rising from lesser mulcts to greater was equal and reasonable 5. That it were fit to set to Physicians bills the day of the month and the Patient's name 6. That the Lord Chief Iustice cannot baile or deliver the College prisoner but is obliged by Law to deliver him up to the College censure 7. That a Freeman of London may lawfully be imprisoned by the College 8. That no man though never so learned a Physician or Doctour may practise in London or within seven miles without the College Licence Upon this the President and College presented the following Letter to the Lord Chief Justice To the Right Honorable Sir John Popham Knight Lord Chief Justice of England and one of her Majestie 's most honorable Privy Councill RIght honorable Albeit we acknowledge our selves to be most infinitely bound already to your good Lordship for many your most honorable favours extended to us and our Society heretofore for the which we render your Lordship most humble thanks Yet such is your Lordship's great care and continual good inclination to the maintenance of learning good orders and vertue That not onely we and our Societie that now is are now again more deeply obliged to your honor but also all our posterity in time to come shall have just cause to pray for your Lordship 's long lief and prosperity whose unspottable Integrytie hath been so well knowen to all England these many yeares and many moe shal be as we hope to the great good of our Countrie and to your Lordship's everlasting prayse and Memory and whose tender particuler favours have been so honorably and so willingly perfourmed to us of late in defence of our privileges against one Ienkins and Reade two ignorant intruders into the profession of Physick and two daungerous infringers and abusers of her Majestie 's Laws and Leege people as while the memory of the Society and College of Physitions of London shall remaine so long shall your Lordship's honorable most worthy name be celebrated and recorded among all such as ether love or professe the title of Learning And heere for our parts we protest we are right sorrie that our weaknesse is such as we are not any otherwise able moore then only by bare wordes and speeches to make manifest our inward affections and dutifull good meaning to your honor But yet all that lyttle whatever it is that lieth in our poore powre to perfourme we heere offer and present unto your Lordship with most humble devoted mynds to do your good Lordship any service that we can And so desiring to rest in your honor 's good conceyt and opinion we most humbly take our leave and praie for your Lordship 's long lief and prosperytie This 10th of Aprill 1602. Your Lordship 's most humble The President and Society of the College of Physitions in London After this upon the submission of Ienkins and request of the Chief Justice a third part of the fine of 20 l. imposed upon Ienkins by the Censors was remitted and he discharged from Prison Read likewise by the interest of the Bishop of London procured his discharge About 2 years and 4 months after Ienkins was again charged for practising of Physick which he denied but several instances of it being given he confessed that to some few Patients of Fevers c. he had prescribed purging physick c. Being then charged with selling of one sort of drink to all that came for it he confessed that he had sold such a Medicine but for the future would never do it and if in this manner or any other hereafter he should act contrary to the privileges of the College he would readily submit to the severest punishment Upon this modest confession of his and promise of not offending for the future but more especially out of respect to the Lord Chancellour in whose service he was the Censors inflicted no punishment upon him but onely interdicted him practice and then order was given by the College that 2 of their Members should wait upon the Chancellour to acquaint him how ill Ienkins had behaved himself towards the College and how candidly they had dealt with him upon his Honour's account This was taken very kindly by the Lord Chancellour who returned the College thanks for their
time to time authorized for the due execution of the Acts and Statutes in that behalf made upon pain for not giving such aid help and assistance to run in contempt of the King's Majestie his Heirs and Successors Now forasmuch as we have been enformed by the President of the College that there are sundry unskilfull persons within the precincts and limitts aforesaid who doe use and practise the said faculty contrary to the same Statutes of this Realm in that case provided and to the great peril and danger of the lives of many of his Majestie 's subjects These are to will and require you and in his Majestie 's name streightly to charge and command you that henceforth at all time and times you according to the tenour of the said Act be aiding and assisting to the said President and to those that shall be lawfully authorized by the said President and College for the apprehending of all such persons as shall unlawfully use and practise the said faculty within the limits aforesaid contrary to the intent and meaning of the Statutes aforesaid when they or any of them shall give you notice of and require and thereupon to bring them before the said President or those authorised as aforesaid to their College there to be examined and proceeded against as to the Law in that case shall appertain Whereof fail you not as you and every of you will answer the contempt in that behalf made Yeven under our hands at Whitehall the xxiiiith day of July An. Dom. 1609. and in the seventh year of the Reigne of our Sovereign Lord James by the grace of God King of England France and Ireland Defender of the Faith c. and of Scotland the two and fortieth R. Cant. T. Ellesmer Canc. R. Salisbury H. Northampton T. Suffolk W. Knollys J. Stanhope Jul. Caesar Tho. Parry Tho. Fleming Jo. Corbet About 13 years after the King was pleased to send a Letter to the President and Censors of the College requiring them to summon all illegal and ignorant practitioners in order to examine their sufficiency and to punish the insufficient according to the Laws in that case provided The Contents of which are as follow To our trusty and welbeloved the President and Censors of the College of Physicians within our Cittie of London JAMES R. TRusty and welbeloved We greet you well Whereas the Art of Physick by many unlearned men making gain by the profession thereof to the great hurt and prejudice of many of our loving subjects is much abused in many places in this our Realm but especially in our City of London and the Suburbes thereof the government whereof as touching the practice of the said Art and the practitioners thereof being by the Lawes and Statutes of the Realme committed unto you the President and Censors of our College of Physicians and you having also from us by our Letters Patents more ample authority for the suppression and correction of such Delinquents We therefore minding so farre as in us lyeth the speedy reformation of all such abuses and inconveniences do by these presents as heretofore yet more strictly charge and command you the President and Censors aforesaid to call before you all such irregular and ignorant Practitioners as contrary to our Lawes and authority do abuse that Art and to examine their sufficiency and such as you shall find not sufficient to punish for their said practice according to our Lawes in that case provided And whereas we are credibly given to understand that many having been punished and warned by you to desist from any further practice do yet obstinately notwithstanding persist in the former contempt of our Laws and commandments We will and command you that you proceed against such Delinquents with all severity according to the tenor of our said Letters Patents and the due course of our Lawes by fine and imprisonment or by causing them to enter into Recognisances with condition restraining them to offend any more or otherwise as the case shall require and is agreeable to Iustice And our will and pleasure is that such offendors as shall be so imprisoned shall there remaine without being enlarged unlesse it be upon their conformity and submission to you the said President and Censors or other due course of Law Wherein we require all our Iudges and Iustices that they be very carefull and circumspect not to do any thing that may give encouragement to such offendors by enlarging any such too easily without due examination of the causes of their Commitment first calling thereto the President and Censors or some of them to declare the true reasons and causes thereof And whereas we are given to understand that oftentimes upon the sollicitation of some or other friend or person of Quality suiter to you for the sad Delinquents after their conviction you have been moved to wink at their faults and neglect their punishment to the great prejudice of the health of many of our poor subjects Our will and pleasure is and we do hereby streightly charge and command you that henceforth neither for favour friendship or respect of any you forbeare the just censure and punishment due by our Lawes to such Delinquents as you shall answere us on the contrary at your peril and that you require the aide and assistance of the Lord Mayor and Aldermen of our City of London whom by our Letters we have so required to do for your better expedition in the execution of this our Royal will and commandment not doubting but that you with more care will seek to suppresse such intolerable abuses and satisfy our trust in this case committed to you Given under our signet at our Palace of Westminster the second day of July in the twentieth yeare of our reign of England France and Ireland and of Scotland the five and fiftieth At the same time another Letter was sent from the King to the Lord Mayor Aldermen and Justices of London the Copy of which is the following WHereas in the time of our Predecessors of famous memory by several Acts of Parliament as also by our late Charter there hath been sufficient provision and power given and granted to the College of Physicians in London to reforme and suppresse all and singular unlawfull and unlearned practitioners in Physick and hearing neverthelesse that divers unskilfull and unlearned men and women do rashly adventure to enter into the practice of Physick to the great danger and hurt of our subjects We therefore now finding that neither Acts of Parliament nor our Charter heretofore granted have for want of execution wrought such good effects as we wish alwayes for the good of our subjects do by these presents charge you the Lord Mayor Aldermen and Iustices of peace within our City of London and the precincts that with all readynesse you do aide and assist the President and Censors for the time being of our College of Physicians in London or such Officers as the President and the said College
shall appoint in the doing of all such things as by the said Acts of Parliament or Charter ought to be done for suppressing of all and every such person or persons as contrary to the Laws of our Realme or Charter or Acts of Parliament aforesaid shall dare to adventure in the practice of Physick upon any our subjects in the City of London the Suburbes and precincts of the same or within seven miles thereof And to the intent that this our purpose tending to the safety of our subjects and the suppression of irregular practitioners may with more diligence and authority be effected We do will and command you the Lord Mayor of the City of London that at your next Sessions these our Letters may be so read and published that all Iustices of peace as well within our said City as also the Suburbes and precincts of the same may take knowledge of this our pleasure and command Mrs. Bryers and old woman was convicted of mala praxis fined 5 l. and ordered to be imprisoned After this having given security that she would not practise for the future yet prescribing Unctions Sudorificks Ointments Plasters Potions c. to several persons Her bond was put in suit against her Security and a new mulct laid upon her Nicholas Rowland a Surgeon being accused for practising Physick and that proved against him by witness was fined 10 l. de praxi pessima and order given for his imprisonment Mr. Holland an Apothecary was charged for practising Physick upon several persons which being proved he was fined 5 l. and ordered to be forthwith imprisoned without present satisfaction given to the College But he continuing contumacious all the members of the College were prohibited writing of Bills to his shop or making use thereof untill he had cleared himself de non exercenda medicina After this he appeared before the President and Censors and declared his readiness to acknowledge the College authority but giving no other testimony thereof but onely desiring his fine might be remitted he was heard no further but dismissed A few months after He attended the President and Censors a second time and being asked whether he would pay his fine and acknowledge his offence He then begg'd the Colleges pardon paid his fine and promised that for the future he would behave himself respectfully to them upon which account his censure was remitted and he received into favour But being afterwards complained of by Dr. Wineston that he did support Mr. Buggs who stood in opposition to the College he denied any combination with him yet confessed that he had made Physick for Mr. Bland and other illegal practisers which was likewise plainly proved by his file of Bills that were sent for After some time the President sent the 4 Censors to visit his shop where besides divers bills found upon the file written by Empiricks and ignorant Mountebanks of which they brought some away they also found false compositions of Medicines not made according to the rule of the London Dispensatory which he was bound to observe Wherefore the Censors ordered that those medicines should be forthwith destroyed which was accordingly done Dr. Eyre was cited before the College for practising physick in London without Licence Upon his appearance he gave no satisfaction to the President and Censors wherefore they order'd his prosecution at Law and had a Verdict against him de praxi illegitima upon which he applyed himself to the College begged their friendship and promised submission Then he was examined by the President and Censors but not giving satisfaction of his ability for practice He was rejected and about 2 years after summoned to give an account by what authority he practised Physick in London He replied that he practised in the Countrey not in the City but thought he might as being born here But practice being proved against him the Censors told him that they would sue him de praxi illegitima pro ann But he paying 20 l. de praxi praeterita to the Treasurer of the College the Censors let fall their suit But he being after guilty of ill practice which was proved against him the Censors unanimously fined him 10 l. and order'd his imprisonment which latter was dispensed with upon condition that he would at the next publick Comitia own his obligations to the President Censors and College for this their favour which he readily promised and performed both in person and writing paying likewise the fine imposed upon him After this he was examined in order to his admission into the College which examination having passed He was required to take great care and caution in his practice and in difficult cases to call to his assistance some of his Colleagues Dr. Burgess having been in Orders and now practising Physick in London was summoned before the President and Censors to give an account by what authority he practised in this City contrary to the Statute-Law of this Kingdom He ingenuously consessed Not by any authority but by the indulgence of the College and told them he had formerly offered himself to examination though he had not yet been examined The President replied that by a Statute of the College which was read by the Register they could not examine admit or permit any to the practice of Physick who had been in Holy Orders Besides if the Statutes of the College would allow it He told him that an admission to a person that had been so qualified was repugnant to the Statute Laws of the Kingdom and Canons Ecclesiastical He replied with great temper and candour that he would not contradict either the one or the other but lay down practice in London After this he was convened a second time before the President and Censors and interdicted the practice of Physick within the College Liberties to which he submitted and promised that he would speedily betake himself to the Country Some of the Fellows of the College were complained of for consulting with him About the 10th year of this King's Reign the following Letter was sent to the College of Physicians upon the death of the Countess of Rutland by the Right Honourable the Lord Viscount Lisle to summon before them one Mr. Talbot a Fellow of Merton College in Oxford to enquire into the Medicines prescribed by him in this noble Ladies Case that so they might find whether either by presumption or unskilfulness her Honour's end was procured or hastned the Contents of which Letter are the following To the Right Worshipfull the President and College of Physicians in London AFter my very heartie commendations I have thought it fit to give you knowledge that on Friday last being the 31th of Julie the Countesse of Rutland my worthy and deare Niece did depart this life Among other that did minister Physick unto her during her sicknesse here in London was one Mr. Talbott a Fellow of Merton College in Oxford whose proceedings with her and the Medicines he gave her for during the time he
granted him from the Arch-bishop of Canterbury and confirmed by the King However he was committed to Newgate ob pessimam praxin Mr. Fitz-Williams attesting that Mr. Bonner was killed by sleeping Pills of his Prescription A week after Mr. President proposed that the cause of Blank 's imprisonment by the Censors being by Blank questioned in the King's Bench should be exemplified and registred viz. How he was by sentence of that Court remanded unto his Prison from whence he came by virtue of a Writ of Habeas Corpus After this Mr. Emmery a Scrivener came to the College to pay the fine imposed upon Blank viz. 20 l. which was then received and a Warrant signed for his enlargement About a month after he again appeared upon summons where he was admonished upon pain of the severest punishment by the Laws to be inflicted upon such Delinquents as he was that he should not adventure any more to practise Physick it being an employment by him so little understood Yet 3 years after he was brought again before the President and Censors by the Messenger and being admonished to cease from practice having neither learning nor licence so to do he justified his practice by the Statute made in the 34 H. 8. c. 8. and appealed to the Law for his defence Wherefore it was resolved to put him in suit which accordingly was done George Butler being cited to appear before the President and Censors returned this answer That he was the King's servant and must attend his Majesty About 3 years after upon a fresh summons he appeared and confessed the giving of Physick to cleanse the body being such as made way for Surgery He shewed a Licence from his Grace of Canterbury which gave him liberty to practise Surgery and Physick so far as was necessary and convenient to that Art which Licence was confirmed under the great Seal About Easter following he gave 3 Pills to Mrs. Style for a sore Leg and stopping at the Stomach by which she died that night she took them To another woman he gave Pills under the pretence of a sore Leg between 7 and 9 of the Clock in the morning with which she grew sick and vomited with great extremity and died about 5 of the Clock in the evening being very well before and going up and down He left his Patent with the President and Censors they never requiring or desiring him upon which application was made to his Grace the Lord Arch-bishop to the Right Honourable the Lord Chancellor the Master of the Rolls and Attorney General that Butler's Letters Patents might be recalled which they consented to About 2 months after Butler appearing before the Censors was asked if he would stand to his former Licence for practice he answered he would ask his Councell Being then required to give over the practice of Physick he answered I mean so to do He knew not that his Licence was called in by the Lord Chancellor nor that a Vacat was set on it Mr. President charged him that he employed one to sell his Medicines which he denied but for a sore Leg or the like he confessed he gave somewhat inward But now understanding that it was unlawfull he promised to do so no more He said he was never told of my Lord of Canterbury's displeasure at his Licence In short he was interdicted all practice in Physick But not long after Butler came to the President and Censors being recommended to them by the Lord Chief Justice upon which the President asked him if he did profess Physick He said No. Being then asked do you give Physick he said No. Being charged with several proofs against him he denied them He confessed he was no Graduate nor of any University but said that he understood Latine and that he practised as a Surgeon Being then examined in Latine he denied to answer which was told him should be related to the Lord Chief Justice that sent him to the College He replied that he cared not three pence for their Information He confessed that he had caused Medicines to be made and that the Apothecaries took of him 100 l. per ann In his Surgery cures he owned that he gave Physick to kill the cause inwardly Being asked what the Pox was he answered an infection taken in nature afore action Upon this examination c. the President and Censors drew up the following Letter which they forthwith presented to the Lord Chief Justice MAy it please your Lordship to be informed That whereas according to your Lordship's command George Butler appeared to be examined of his sufficiency and knowledge in Physick and his practice therein before us the President and Censors of the College of Physicians First he acknowledged himself not to be learned Graduate or of any University neither indeed do we find him to have any learning by such speeches which he let fall from him in conference and as for examination in Latine and in Physick he refused to answere And for the point of practice amongst many particulars alledged against him he did acknowledge in generall that he doth give inward Physick if his Patients in Surgery doe need it and that the Apothecaryes doe take of him 100 l. a year for Medicines and drugs And being charged with 2 several practices the one on the person of Mrs. Style as doth appeare by the aforesaid Butler's confession in our Register for a sore Leg and a stopping in her Stomach when she had no sore Leg but under that pretence he gave her Pills of which she dyed according to the words of the Register the same day The which practice we the President and Censors do condemne for ill and unlawfull The other practice was upon the body of Margaret Shover now againe confessed by him who took upon him to cure her as he saith of the Pox but being by the Censors asked what disease the Pox is he did not give any reasonable answere such is his ignorance But her disease upon Register doth not appear to be soe although he gave her the Unction for the Pox and other purging Physick neither according to Science or Conscience Not long after he was complained of by a woman to whom he gave 25 Pills for which he expected 30 s. a piece To another he gave 4 Purges and had her petticoat in pawn He promised her help within 7 days or to give her 100 l. But after 9 days she was very ill and continued in great weakness Upon this and the like complaints the Censors fined him 10 l. and ordered his imprisonment for 14 days and that he should not be released but by the President 's order About 3 years after he was again complained of for giving Pills of Opium to a Woman by which she was stupified Being called he blew up a powder into her Nose promised her recovery but she died in one hours time The like evil practice he was guilty of upon two more For which the Censors order'd him to be arrested but
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
The stomach its self in the bottom was fair but the upper part had a blackness round about which it was inflamed the blackness he scraped off with his nail but the other coats were sound In the Aspera Arteria there was seen no offence but one lobe of the Lungs seemed to be rotten and one part of the Liver was pale and scirrhous Dr. Meverell saith that he being on Saturday to view the body he found an Eschar between the gumms and the Cheek with blackness of the teeth the tongue also black and hard but the gula all fair and clear In the Stomach in the upper part a circular inflammation with a blackness in the middle which with his nail was easily scraped off His Liver was hard and his Lungs bad yet not so as that they should cause his death At the Sessions he said the same but there the Lord Chief Justice asking him that if the Circumstances which were alledged by the sworn witnesses were added to that he saw whether then he thought him poisoned The Dr. answered that he did think that he died of poison Francis White servant to Mr. Matthewes saith that hearing that the Bolus was disliked he went and did fetch back the Bolus and that opening it he found Sublimate in it which he shewed Cromwell and after this Francis going home Cromwell followed him and wish'd him by Fleet-bridge to cast it away which he refused to doe Dr. Gifford did further declare that Cromwell had 2 powders one white which was sublimate the other black which was some Amalgama of Quick-silver which Cromwell said he had out of his Master's pocket He did also desire the College to take into their consideration what Scammony could doe whether by that the mouth and stomach could be made black so suddenly and to cause an Ulcer with an Eschar upon the side of the mouth After the forementioned examination of several Witnesses the following Letter by his Majestie 's Order was sent to the College To my very loving Friends the President and College of Physicians in London AFter my hearty commendations You have by some other of his Majestie 's servants understood his pleasure in that which now I must by his expresse pleasure require of you That you assemble together and inform your selves as particularly as you can First whether that man for whose death one Cromwell a young man is condemned did in your judgment dye of poyson or otherwise And secondly whether that Potion which was sent from the Apothecary and which he received had any poysonable Ingredients which might produce this effect In these things you must return to his Majestie the report of your Judgment on Friday at the farthest which you must doe with the more care according to your best skill because herein you may perceive how tender his Majestie is both of his Justice and Mercy for as he is alwayes most graciously inclined to favour when the offence is of a nature capable of remission so he is no lesse graciously severe in regard of Justice and publique example that the crying Crimes of bloud and especially by poysoning which hath noe pretence of sudden anger shall not escape unpunished Doe therefore your dutyes to informe him in the truth to the uttermost of your knowledge So I rest Your assured friend to doe you service Iohn Cooke Greenwich 29 Maii 1632. BY this second Letter the College was required to resolve two things First Whether Mr. Lane died of poison or no Secondly Whether the Potion which was made by the Apothecary and taken by Mr. Lane had any poisonable Ingredients therein which might produce this effect Mr. President was desirous to hear what might further be informed by the Assistants Doctours or any other and first there presented himself Mr. Francis Banister of Bedford who came to Mr. Lane his Son-in-Law on Wednesday about 2 or 3 a clock in the afternoon There he found the â„ž of Dr. Gifford's Bolus which he sent by Cromwell to Mr. Matthewes who after some long stay brought it to Mrs. Lane which she did presently deliver to this Mr. Banister her Father which he seeing thought it more than was directed by the Doctour and presently taking it he found it sharp offending his tongue Then he sent for one Walter Mr. Matthewes his man to whom he said the Bolus was not rightly prepared and therefore caused him to go to make another Bolus according to the direction Which Bolus being brought Mr. Lane took and it did well with him and Francis the Apothecary's man coming thither on Thursday morning Mr. Banister caused him to taste the Bolus of which he presently complained and that night both the Apothecary's men came and shewed him the Sublimate in it by which both their mouths were distated and on this Thursday Mr. Banister told Dr. Gifford that there were the symptomes of Mercury for his evacuations were bloudy his tortions great his mouth black exulcerated stinking and withall he had convulsions Mrs. Elizabeth Lane sister to Mr. Lane who was in the house from his first falling sick saith that upon Friday upon the taking the purge he presently after half a dozen turns in a little room fell a vomiting and vomited black humour and bloud and that upon every stool he was ready to faint and she saith that Cromwell found fault with the maid for giving the Child Pills in that Porringer out of which Mr. Lane took the Medicine Dr. Foxe before he would make report of what he knew in this business produced the Copy of a Report made by himself Dr. Andrews Dr. Meverell and Dr. Ramsey which was as followeth We are of opinion that having found in this body some inflammation and mortification whereof must necessarily follow death by the force of them and that yet the same inflammation and mortification might proceed from some other causes it cannot be resolved by Art whether this Gentleman died by Poison or other means Which he pressed much to be assented to by the whole College and the other Doctours did acknowledge this Note to be the sense of that which they subscribed unto but the College thought fit a little to advise thereon Then Dr. Foxe related that he was called to Mr. Lane by a stranger to him and that he found some passion in the house After some time the body was opened and the mouth gula and stomach were found so as hath been formerly related and saith that the Chirurgion said the Guts were fair Then Dr. Foxe as a Censor began to enquire after the Physick given to Mr. Lane and who gave it and calling for Mr. Matthews he enquired of the Potion by whom he was informed what it was After this the Dr. coming to consult soon found cause to suspect poison Dr. Andrews conceived otherwise by whom Dr. Foxe was partly led and the rather because the Apothecary was found to have given one irregular medicine and the Dr. related how one Ioslyne died by Physick given him upon an
his hand and not by the drinks and liquours he gave This he understood by his mother who wished him having a scald head to stroke his head with his own hand whereby he was cured And therefore sometimes he used onely his hand sometimes he gave Wine whereinto he dipped his finger that the people might have somewhat to take but the virtue came from his hand Barton was censured to pay 20 l. and to remain a prisoner in Woodstreet Compter till released by the President where he continued till the 19th of October following never having all that time petitioned the College for his liberty And then by virtue of a Writ of Habeas Corpus which he had sued forth of the King's Bench he was carried with his cause to the King's Bench Bar at Westminster The Copy of which Warrant and the Return thereof here immediately ensue NOs Johannes Warner Thomas Adams Vic' Civitat ' London Serenissimo Domino Regi in brevi huic schedul ' annex ' nominat ' ad diem locum in eodem brevi content ' Certificamus quod ante adventum nobis praedict ' brevis scil ' duodecimo die Septembris Anno regni dicti domini Regis nunc Anglie c. decimo quinto Christoferus Barton in dicto brev ' nominat ' commissus fuit Prisone dom ' Regis scil ' Computator ' scituat ' in Woodstreet London praedict ' in eadem Prisona sub custodia Isaaci Pennington Johannis Woollaston tunc vic' Civitat ' praedict ' in eorum exit ' ab officio suo sub custodia nostra detent ' virtute cujusdam Warranti Otwelli Meverell Laurentii Wright Edmundi Smith Willielmi Goddard in Medicinis Doctor Censor ' Collegii Medicor ' in London sub sigillo communi Collegii Medicor ' London praedict ' custodi praedict ' Computatorii London praedict ' vel ejus deputat ' direct ' Cujus quidem Warranti tenor sequitur in hec verba ss We Otwell Meverell Laurence Wright Edmund Smith and William Goddard Doctors in Physick and Censors of the College of Physicians in London being chosen by the President and College of Physicians aforesaid to govern and punish for this present year all offenders in the faculty of Physick within the City of London and the Suburbs thereof and seven miles compass of the said City according to the authority in that behalf to us duly given by certain Letters Patents under the great Seal of England made and granted to the said College and Comminalty by the late King of famous memory King Henry the Eighth bearing date the 23th day of September in the Tenth year of his Raigne And one Act of Parliament made in the 14th year of the said late King Henry the Eighth concerning Physicians Whereby the Letters Patents aforesaid and every thing therein are granted and confirmed And by virtue of the said Act of Parliament and Letters Patents aforesaid and one other Act of Parliament made in the first year of the Raigne of our late Soveraigne Lady Queen Mary intituled An Act touching the Corporation of Physicians in London did cause to be brought before us the sixth day of this instant September at our College house in Pater noster Rowe in London one Christofer Barton and we have examined the said Christofer Barton and upon his examination and other due proofs we have found that the said Christofer Barton hath unskilfully practised the Art of Physick within the City of London and Precinct aforesaid upon the bodies of Richard Ballady of Aldermary Parish London Michael Knight of St. Buttolphs Parish Aldgate London and the child of one Iane Bigge and some others in the month of Ianuary in the year 1638. contrary to the Laws in that behalf made and provided whereupon we have imposed upon the said Christofer Barton a fine of 20 l. for his evil practice in Physick aforesaid and we have also for the same cause sent you the body of the said Christofer Barton Willing and requiring you in the Kings Majesties name to receive and keep him in safe custody as Prisoner there to remain at his own costs and charges without bail or mainprize untill he shall be discharged of his said imprisonment by the President of the said College and by such persons as by the said College shall be thereunto authorised according to the Statute in that behalf made And this our Warrant shal be your discharge Given at the said College the eleventh day of September in the 15th year of the Raigne of our Soveraigne Lord King Charles Otwell Meverell Law Wright Edm. Smith William Goddard To the Keeper of Woodstreet Compter London or his Deputy To Mr. John Penyall one of the Messengers of his Majestie 's Chamber in Ordinary to execute this Warrant ET hec est causa acceptionis detentionis praefati Christoferi Barton in Prisona praedict ' sub custodia nostra Corpus cujus quidem Christoferi coram praefat ' domino Rege apud Westm ' parat ' habemus Being at the Bar the said 19th of October for that the Lord Chief Justice Sir Iohn Brampston was not present the other Judges present would not accept of bail which the said Barton tendered but suspended the matter untill Tuesday the 12th of October following Barton for that time was returned back and coming to the Bar again on the said Tuesday with his Councel and Bail the Lord Brampston being then present my Lord demanded the return of the Warrant which was neglected by the Clerks of the Court and left in the Crown Office in the Temple so my Lord would not proceed but respited the cause untill Thursday the 24th of October following when all parties appearing with Councel on both sides the Warrant and Return was read and the Cause debated and there the Court plainly declared that he should not be Bailed it being against the Law and the Letter of the Warrant grounded upon the Statutes Then it was desired by Barton's Councel that he might go over to the King's Bench which also was denied because he was committed originally to the Compter and willed if he would have liberty to submit to the College and make his peace there Barton being in custody of the Serjeant that carried him up to the Bar exhibited his humble Petition to the President and Censors the 25 of October signed with his own hand for abatement of part of his fine and for his enlargement submitting in all things unto them Whereupon the President and Dr. Meverell one of the Censors were contented to abate the half of his fine of 20 l. and to accept of 10 l. the one half to be paid in hand which was paid and the other half at our Lady day next And so upon the 29th of October signed his discharge and set him at liberty he being put again before his enlargement into the said Prison Mr. President gave order that upon the commitment of any Offender the name of the
of Parliament wanting the Royal Assent 267. The Court replied and shewed the different method of passing Acts of Parliament with the difference betwixt Statute Rolls and Rolls of Parliament 268. The Royal Assent not entred till after H. 5. in the Statute Rolls ibid. The Record brought by the College was not a Transcript of the bill upon which the Answer of the King was written but a Transcript of the Entry which was made upon the Statute Roll upon which it is not necessary that the Royal Assent should be entred and why 269. The 14 15 H. 8. appears by the Record certified to be a good Act of Parliament 270. The Royal Assent was entred at the end of that Session 271. If the Certificate be false the Defendant may bring his Action against the Clerk of Parliament or the Clerk in Chancery 271. The court of Kings Bench cannot cause the Parliament Rolls themselves to be brought into Court ibid. The second objection made by Huybert's Council was That the Issue was whether there was such a Record and that is to be tried by the Record it self now here the tenour of the Record was only certified and not the Record it self ibid. The Court answered that upon the Issue of Nul tiel Record a Certificate of the tenour was sufficient to prove the Issue 272 273. Iudgment entred for the College against Huybert 273. Needham The College declares against him upon an Action of Debt 273. His plea double 273 274. The College demurred and why 274. Iudgment entred against him ibid. Empiricks how described in the 3 H. 8. p. 1 2. not known to the Law neither can they have action 252. One set in the Pillory 306. Another set on Horse-back with his face to the Horse-tail the same tail in his hand as a bridle with a collar of Iordans about his neck ibid. The President and College bound by solemn Oath and conscience to prosecute them 318 321 325 328 330 352 353 387 412. A warrant sent from K. James his Council to the Magistrates of London for their Attachment 370. The Kings Letter to the President and Censors requiring them to put the Laws in execution against Empiricks 372. the King's Letter directed to the Lord Mayor Aldermen and Iustices of London requiring them to assist the President and Censors in suppressing Empiricks and illegal Practisers 374. Keepers of Prisons prosecuted for suffering any of them to make their escape 329 361 403 421. they ought not to practise Physick in prison 314. they cannot be bailed 344 345 469 470. How the College proceeded against them when they procured protections 338 339 352 355 391 423 424. They were summoned to appear upon penalty 354 355 369. punished for exposing bills purging diet-drinks purging confections or tables of the virtue of their Medicines 333 363 364 365 368 369 442 470 471. Several of them examined and rejected 315 323 324 326 331 334 337 342 364 368. their dangerous and evil practice 315 323 331 332 333 334 335 351 355 357 365 367 368 389 391 392 402 421 425 441. their unconscionable dealings 335 352 366 369 391 394 397 419 420 439 445 446. their egregious ignorance and knavery 322 326 330 334 337 354 355 384 385 390 395 399 400 404 405 421 445 446 467. Interdicted practice 322 323 333 337 346 347 356 364 368 384 389 394 395 405 422. Required to give bonds not to practice 314 315 316 319 322 323 324 325 326 332 333 334 342 347 349 355 368 375 386 387 401 420. Letters testimonial granted against them 332 392 403 442. Some of them fined others fined and committed to prison 313 314 315 316 319 320 322 323 324 325 326 327 333 334 337 338 341 342 349 352 354 356 357 365 369 384 385 387 388 391 401 404 413 420 422 439 446 466 467. Sued or prosecuted by the College 147 161 162 221 225 229 259 261 273 275 305 308 310 313 314 319 339 356 387 388 391 393 394 421. they may be sued for 2 years practice 419. Countrey Empiricks sued or prosecuted by the College 309 310 313 314. What the Common Law against Empiricks was before Acts of Parliament were made against them 251. F. Fellows of the College Forty constituted by the last Patent 70. the names of them 40. they were to continue for life if not removed for cause 71. How to be chosen 77. Power to amove any of them 78. they are to be sworn duly to execute 80. to take the Oaths of Obedience and Supremacy ibid. Fines All fines forfeitures and amerciaments to be approved by the next College Court and registred before any levy is made c. the 10 l. and 5 l. excepted 100 101. An appeal may be made to Visitors appointed by the King within one month after the fine is approved 101 102. These Visitors are to receive and determine appeals c. 102 103 104 105 106. H. Hospital of Christ Church No Physician should be chosen into that Foundation but one approved by the College 418. L. Licence A Licence from the Elects will not justice practice in London 362 471. The Bishop's licence cannot do it 471 472. the College's licence not to be allowed to those who have been in Holy Orders 376 401 443. Their obtaining a Licence is a general detriment 443 444. M. Midwives A Petition presented by them to the College 463. The College's Answer to their Petition which was by them delivered to the Archbishop 465. O. Oaths of Obedience and Supremacy to be taken by the President Fellows and Officers of the College 80. Power given to the Elects or to any two of them to administer these Oaths to the President 81. The President to administer them to the Fellows and all Officers 82. P. Physicians By whom to be allowed for City and Countrey 2 3 8 12. All Physicians practising in the several Dioceses out of London Graduates excepted must be examined by the President and 3 of the Elects 12. they are to be licensed by the President and Elects or any four of them 96. they are first to be examined and if able to be approved by Letters testimonial under the hands of the Elects 97. Power given to the President and Elects to summon examine and give testimonials and to reject unfit persons 97. None are to practise in the Countrey till they be licensed under pain of 5 l. per mens and how to be recovered 98. None to practise in London or within 7 miles of the same without licence under their Seal 8 9 343 344 345. Practice of Physick what is to be esteemed such 281. President of the College His office and duty 7 8. Power allowed him to make a Vice-President 74 75. He is to be sworn duly to execute his office 80. to take the Oaths of obedience and Supremacy ibid. to administer them to the Fellows and all College Officers 80 81 82. R. Register made by Patent 55 109. He is to be
published which are drawn as it were by another Hippocrates from his most exact and nice observation of Diseases and their symptomes to which are added most judicious Natural Hypotheses and Curative Indications deduced from them He hath given such an exact History of all acute Diseases from the beginning of 1661 to 1680. that there is scarcely a Sentence to be found therein which is not of moment Several weighty observations are likewise taken notice of by this sagacious Physician which other Authors have omitted as particularly the several constitutions of the Air specifically different which depend not upon the manifest qualities thereof but upon some inexplicable causes and produce Diseases as specifically different which Constitutions after some time give place one to another and are accompanied with a peculiar and specifically different Fever both as to its symptomes and cure These Fevers he calls Stationary distinguishing them from the Sporadique or Intercurrent Fevers depending upon the manifest qualities or alterations of the Air The Ptyalisme that attends adult persons and the Diarrhoea which usually accompanies Children in the Flox-Pox The day when the Ptyalisme ordinarily ceaseth with the danger ensuing thereupon The great tendency to symptomatical sweats in the distinct Pox Convulsions in Children before the eruption of the Small Pox which he observeth to be the usual prognostick of a mild distemper The Mania or Frenzy following Agues with the different Cure it requires The Jaundise observable at the going off of the Colica Hysterica The limpid Vrine which he asserts to be the most universal and pathognomonick sign of Hysterical and Hypochondriacal affections which diseases do frequently assume the shape of Nephritick and Colical distempers yet are really different both in their original and cure with many of the like kind dispersed throughout this Book and his Epistolary Dissertations de Variolis confluentibus Affectione Hystericâ Lue Venereâ Podagrâ Hydrope which I am now forced to omit as also the Lives and Works of several great and learned Men heretofore Members of the College such as Dr. Gilbert Wotton Muffet Gwynne Turner Paddy Atkins Mayerne Prujean Bates c. and many now living who have not onely merited a remarque in this Epistle but very highly of the Publick But I hope this present omission will be pardoned this Epistolary Discourse being onely by way of Specimen to a more full and complete History intended In short I cannot question but to see this learned Society flourish maugre all its adversaries which was contrived by Royal wisdom and Founded in Royal bounty which hath enjoyed such great and learned Men in every Age which is now happy in so wise and prudent Governours and blessed with such Learned Grave and Profound Practisers in the Faculty of Physick that there seems to be a Transmigration of the Soul of the immortal Harvey and other Great Men into many of the Members now flourishing Which that it may ever continue so is and ever shall be Most Honoured Collegues the earnest and hearty desire of Your most Affectionate Collegue and devoted Humble Servant Charles Goodall PROCEEDINGS Against Empiricks c. In K. Henry 8 's Reign IN the 33 year of this King's Reign Iohn Wisdam and Iohn Lister were sued by the College in the Court of Exchequer for practising Physick against the Statutes of the Kingdom Judgment was given against Wisdam for 10 li. and against Lister for 30 li. About the same time one Hammon compounded with the College and engaged not to practise Physick for the future Several corrupted Druggs and Medicines were burnt in this King's Reign by the order and in the presence of the Censors of the College PROCEEDINGS Against Empiricks c. In K. Edward 6's Reign IN this King's Reign several Practisers of Physick were examined by the College and found so unfit for the practice of that Art that they were rejected Others were punished according to publick Statutes and others Fined In the fourth year of this King's Reign in the month of September one Grig a Poulterer of Surrey taken among the people for a Prophet in curing of divers diseases by words and prayers and saying he would take no money c. was by command of the Earl of Warwick and others of the Council set on a Scaffold in the town of Croidon in Surrey with a Paper on his breast wherein was written his deceitfull and hypocritical dealings And after that on the Eight of September set on a Pillory in Southwark being then our Lady Fair there kept and the Mayor of London with his Brethren the Aldermen riding through the Fair the said Grig asked them and all the Citizens forgiveness Of the like counterfeit Physician saith Stow have I noted in the Summary of my Chronicles Anno 1382. to be set on Horse-back his face to the Horse-tail the same tail in his hand as a bridle a Collar of Jordans about his neck a Whetstone on his breast and so led through the City of London with ringing of basons and banished Whereunto I had added saith the forementioned Author as followeth Such deceivers no doubt are many who being never trained up in Reading or Practice of Physick and Chirurgery do boast to doe great Cures especially upon Women as to make them straight that before were crooked corbed or crumped in any part of their bodies c. But the contrary is true for some have received Gold when they have better deserved the Whetstone PROCEEDINGS Against Empiricks c. In Q. Mary 's Reign IN the second year of this Queen's Reign a great number of Empirical Impostors were prosecuted and punished by the Censors of the College amongst whom was one Charles Cornet a Flemming an impudent and ignorant Buffoon who would not be restrained from his ill practices with the bills of his condemnation affixed at the corners of streets nor yet with imprisonment it self being patronized by Hugh Weston Dean of Westminster and Roger Chamley The College nevertheless by virtue of the Laws and favour of the Lord Chancellor several of the Nobility and the King's Physicians Dr. Roper and Dr. Vaughan prosecuted him with all vigour and care whereby he was forced not onely to flee the Town in spight of Weston and Chamley but likewise out of those privileged places where he had shelter'd himself first in St. Martins in London and after in Westminster They being also imprisoned who in St. Martins had afforded him a retreat The Censors did likewise cause his unwholsome and sophisticated remedies to be burnt in the open Markets at Westminster After the College had thus diligently prosecuted some of these Empiricks and forced others to flee the City and Suburbs they conceived it would highly conduce to the welfare and safety of the Kingdom if they extended their Authority to other parts thereof Upon which account they drew up the following Letter pursuant to the Acts of Parliament and Judgment of the most learned Rastal and Walpole Serjeants at Law and Sir Robort