which was found to be in another County And the Statute of 31 Eliz. cap. 5. is that in an Information upon a Penal Statute the offence shall not be laid to be done in any other County than where it was done and that the Defendant may traverse and alledge that the offence was committed in another County And because the Defendant did not plead that the offence in this case was done in another County it was adjudged for the Plaintiff and afterwards affirmed in Error and difference taken where in the pleading it appeareth it was done in another County and where not Hill 16 Jac. C. B. rot 850. Grimston versus Molineux for Recusancy of his wife and the Question was in the Information there because the 31 Eliz. Enacts that the offence given shall be laid in the proper County and it was ruled that this was out of the Statute for it is not an offence in doing but in not doing in omitting and not committing and the information lyeth there for Recusancy notwithstanding the conceit in Co. cap. de Recusancy And Mich. 16 Jac. rot 658. B. R. Presses Case was so resolved and that the Statute extends onely to Indictment and so he concluded for the Plaintiff PAsch 5 Car. primi this Case was argued again Athow for the Defendant And before his argument he would shew what was Surgery and what a Surgeon might do It appeareth by 32 H. 8. that licence of Physick comprehends all Physick upon which I collect that 14 H. 8. and the Letters Patents of the College do not extend to Surgery By those Letters Patents and Statute all the Physicians be a body politick and if this extends to Surgery then all the Surgeons in London be of the Corporation of the Physicians which they be not but a distinct Company and out of their Iurisdiction and government And Surgeons for their practice shall not be punished although they practise without licence But the said Statute and Patent extend to the learned part of Physick for the knowledge of Physick is a learned art and therefore the Statute was made to restrain unlearned men and there is more learning in judging rightly of the disease than in curing thereof for sometimes 2 or 3 diseases be in the body at the same time and that which cureth the one may increase the other wherefore there the learning of Physick appears in applying such remedy as may cure both together But for the exercise of Surgery knowledge of the Nature of Herbs c. is sufficient It hath béen said that for outward diseases they are allowed But I answer that for the Stone and Strangury and Ague there néeds no great skill to discover them and then the cure of them is more by experience and practice than learning And I have heard of a Physician that went 100 miles to know a Medicine for those diseases of an old Woman who had long time experience thereof And drinks for Agues Strangury c. is Surgery and not Physick properly And this appeareth by the Statute of 3 H. 8. 34 H. 8. In 3 H. 8. Physick and Surgery be both joyned together but in the allowance of them the Bishop ought to call Physicians to allow Physicians but Surgeons to allow Surgeons Now 34 H. 8. proves that all that the Defendant hath done is Surgery There is the recital of the Statute of 3 H. 8. and then it is said that the Company of Surgeons c. have troubled and vexed divers c. who are indued with the knowledge of ministring to such as be pained with customable diseases c. where there is not one word of Physicians Then if Surgeons may do this the College cannot restrain them or correct them that do this Another part of the Statute of 14 H. 8. is that no person ought to be suffered to practise but he that is professed sage discréet and learned It may be said that under colour of ministring of these drinks to Agues c. one may minister them to other diseases Also I confess that an Ague is attending upon sundry great diseases and for these Agues they cannot give drinks but to single Agues that do not accompany other diseases they may and of these is our Iustification and if he hath ministred to others there is a fair Issue tendered by which it may be tried Stone Strangury and Ague were never within the Stat. 14. H. 8. The exposition of the Statute ought to be according to the intent which is to be collected out of the preamble or body or other words therein and sometimes out of the mischief intended to be thereby remedied Morgan's case Pl. Com. upon 7 E. 6. is an example above all where it is adjudged that this Statute extends only to the Receivers of the King which is collected out of the Act and by other words in the Statute insomuch that the receivers of common persons cannot take any money for receipt c. And the mischief was that no poor men shall have pensions of the King upon the Statute of dissolution of Monasteries And it would be a great mischief if they upon non-payment always should complain to the King which mischief cannot be in case of a common person because they may distrain for non-payment So the Statute 34 H. 8. the preamble body and all the words in the Statute be against Chirurgeons But the exposition 2 E. 4. 18. upon the Statute of Prerogative and so Statutes of Wills gives power to devise lands in soccage of any inheritance and this doth not extend to Lands in Tail although the Act of explanation had not béen made but the Iudges would have made the same exposition because that Lands in Tail cannot be demisable at the Common Law But they would have expounded that Lands in Tail ought a third part of them be allotted to descend upon the heirs because that they may descend And so if it should be doubtfull whether 14 H. 8. extend to Agues and Strangury the Statute 34 H. 8. expounds it that it will not be denied but that Surgeons may cut for the Stone and if Ague or c. break in Vlcers c. they may without question cure them by the same reason they may cure these Diseases inwardly if they can 1. 14 H. 8. is a particular Statute and particular Statutes shall not extend much beyond their words but general Statutes which be for the good of the Commonwealth shall be construed largely and by equity 12 E. 4. 20. 1 H. 6. 5. upon the Statute 1 H. 7. there the Statutes construed by equity be general for the good of the Common-wealth But this Statute of 14 H. 8. is made for the good of Physicians that none shall practise but themselves and it is a particular Statute and therefore construed strictly as appeareth by Dr. Bonham's case Those drinks for the Stone and Agues c. be but stilled Waters or Beer mingled with Herbs which every one may
become bound in such Recognizance with such condition as aforesaid AND WEE WILL and by these presents for us our heires and successors doe enjoyne order and commaund all and every Warden Goaler and Keeper Wardens Goalers and Keepers of our Wards Goales and Prisons within our said Citty of London and the limitts and precincts aforesaid Except before excepted that they and every of them doe from tyme to tyme yeild and give all due obedience and observance to the said President and Censors or Vice-president and Censors of the Colledge aforesaid for the tyme being in the absence of the President and to all and every such Warrant and Warrants as by them or any three of them for the tyme being whereof the said President or in his absence the Vice-president to bee one shall by virtue of these presents or any the Letters Patents or Acts of Parliament aforesaid bee duely made and directed to any the Wardens Goalers or Keepers of our Prisons aforesaid or any of them And that they and every of them doe and shall receive into his or their Custody in such prison or prisons whereof he or they shall then bee Warden Goaler or Keeper all and every such person and persons as by vertue of such Warrant or Warrants shall bee sent or committed to him or them and there shall safely keepe every such person and persons so Committed in any of their Prisons att the proper costs and charges of the said person or persons soe Committed without Bayle or Mainprise according to the tenor forme and effect of such Warrant and Warrants untill such person or persons shall bée duely discharged upon paine that all and every such Warden Goaler or Keeper doeing the contrary shall loose and forfeit the double of all and every such Fyne or Fynes Amerciament and Amerciaments summe and summes of money for which or Non-payment whereof such person or persons respectively were or shall bee soe Committed as aforesaid PROVIDED that any such Fyne Amerciament or Summe of money bée not att any one tyme above the summe of Twenty pounds The one moyety thereof to bée ymployed to the use of us our heires and successors and the other moyety to the said President and Fellowes of the Kings Colledge of Physitians aforesaid to and for the use of the poore aforesaid and to bée disposed and distributed as aforesaid AND all the same forfeitures to bée recovered by Action of debt Bill Playnt or Information in any Court of Record of us our heires or successors against any such Warden Goaler or Keeper soe offending in which suite noe Essoyne wager of Law nor Protection shall bee allowed or admitted for the Defendant AND WEE DOE FURTHER of our especiall grace certaine knowledge and meere motion for us our heires and successors give and graunt unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians and their Successors that itt shall and may be lawfull to and for the President and Fellowes of the same Colledge for the tyme being and their Successors yearely and every yeare for ever hereafter att their frée liberty and pleasure to have and take att once or severall tymes without contradiction the dead Bodies of six severall persons of Men or Woemen condemned adjudged and putt to death for Felony or other offence by the due course and order of the Lawes of this our Realme within our said Citty of London or our Countyes of Middlesex and Surrey or either of them for Anatomies without any further Surte Lycence or Commission to or from us our heires or successors to bee had made or obteyned for the same And from tyme to tyme to make incision of the same dead bodyes or otherwise to order the same after their discretions att their liberty and pleasures for their further and better knowledge instruction insight learning and experience in the faculty and science of Physicke and Chirurgery PROVIDED allwayes and We will and direct that all and every such dead body and bodies had taken or used for or as Anatomies bée from tyme to tyme after such use made thereof as aforesaid decently buryed att the costs and charges of the said President and Fellowes and their Successors AND Wée doe further of our especiall favour certaine knowledge and meere motion for us our heires and successors give and grant unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians and their Successors speciall lycence free and lawfull liberty power and authority to acquire purchase receive and take unto the said President Fellowes and Cominalty of the same Colledge and their Successors for ever to the use of them and their Successors for ever And alsoe to all and every other person and persons full and free power lycence and authority to give graunt and convey unto them the said President Fellowes and Cominalty of the Colledge aforesaid and their Successors for ever to the use of them and their Successors for ever any Mannors Messuages Lands Tenements Tythes Rents Reversions and Hereditaments soe as the same doe not exceed in the whole the cleare yearly value of Two hundred pounds above all charges and reprises The Statute of Alienation in Mortmaine or any other Statute Act Law Ordinance or Provision heretofore made ordeyned or provided or any other matter cause or thing to the contrary in any wise notwithstanding And this without any Writt or Writts of Ad quod dampnum or other Licence or Letters Patents Inquisitions or Mandates of us our heires or successors to bée had made prosecuted sued for or obteyned in that behalfe AND WEE WILL and by these presents for us our heires and successors Doe give and graunt unto the said President Fellowes and Comonalty of the Kings Colledge of Physitians and their Successors That all and every Physitian and Physitians that now is or are or that hereafter shall bee Elected Admitted and made a Member of the same Colledge shall from tyme to tyme be wholly and absolutely freed exempt and discharged of and from serving or appearing in any Iury or Iuries for the tryall of any matter or cause or takeing finding or executing of any Commission or Inquisition whatsoever and of and from being or chosen to bee Churchwarden Constable Scavenger or any such or the like Officer or Officers And of and from the undertakeing execution and exercise of all and every the same and such like Office and Offices Place and Places and every of them And alsoe of and from all Watch and Ward and of and from beareing and providing Armes within our Citties of London or Westminster or either of them or any the Suburbs or Liberties of the same Citties or either of them or within seaven miles compasse thereof AND in case they or any of them shall att any tyme hereafter by any wayes or meanes bee designed appointed nominated or chosen into or to undergoe or beare or performe any of the said Office or Offices Place
he ought to be publickly approved by many after he hath béen examined and answered in the Schools to divers questions and allowed by the Congregation house And 35 H. 6. 55. Doctor is no addition but a Degrée quia gradatim progressione Doctrinae provenit to that and that Doctor is Teacher and that he was first taught by others as a Scholar and afterwards he is Master and Doctor dicitur à docendo quia docere permittitur and they are called Masters of their faculty and that the original of Doctor came of the Synagogue of Iews where there were Doctors of Law and it appears that they had their Ceremonies in the time of H. 1. And when a man brings with him the Ensign of doctrine there is no reason that he should be examined again for then if they will not allow of him he shall not be allowed though he be a learned and grave man and it was not the intent of the King to make a Monopoly of this practice And to the second point that he propounded it séems that the justification is not good which is Quia non comparuit upon summons he was amereed and ordered that he should be arrested and being arrested and examined if he would submit himself to the College he answered that he was a Doctor and had practised and would practise within the said City as he conceived he might lawfully do and for that shewing of this Case he was committed to prison And he conceived two things upon the Charter First that it doth not inhibit a Doctor to practise but punisheth him for ill using exercising and making and secondly that it impowers to imprison the Empirick and Impostor And so prayed Iudgment for the Plaintiff And after in Hilary Term in the same year this Case was argued by all the Iustices of the Common Bench two several days The first day it was argued by Foster Daniel and Warburton Iustices at whose arguments I was not present but Foster argued against the Plaintiff and Daniel and Warburton with him that the action of false imprisonment was well maintainable And the second day the same Case was argued again by Walmesley Iustice and Coke Chief Iustice and Walmesley argued as followeth that is That the Statute of 3 H. 8. was in the negative that no person within the City of London or seven miles thereof take upon him to exercise or occupy as Physician or Chirurgeon c. And he doth not know in any Case where the words of the Statute are negative that they admit any interpretation against that but one onely and that is the Statute of Marlebridge Chap. 4. which provides that no Lord shall distrain in one County and the beast distrained drive into another County In which case though the words are negative yet if the Lord distrain in one County he may drive the beasts to his Mannor in another County of which the lands in which the distress was taken were held But it is equity and reason in this Case that the Statute should admit such exception for it is not of Malice but that the beasts may remain within his fée But in the principal Case there is not the like reason nor equity And also the King H. 8. in his Letters Patents recites as followeth that is Cùm regii officii nostri munus arbitremur ditionis nostrae hominum felicitati omni ratione consulere id autem vel imprimis fore si improborum conatibus tempestivè occurramus apprimè necessarium duximus improborum quoque hominum qui Medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitebuntur c. By which it appears that it is the office of a King to survey his Subjects and he is as a Physician to cure their maladies and to remove Leprosies amongst them and also to remove all fumes and smells which may offend or be prejudicial to their health as it appears by the several Writs in these several Cases provided And so if a man be not right in his Wits the King is to have the protection and Government of him lest he being infirm waste or consume his Lands or Goods And it is not sufficient for him that his Subjects live but that they should live happily and he discharges not his office if his Subjects live a life but if they live and flourish and he hath cure as well of their bodies as of their lands and goods for health for the body is as necessary as virtue to the mind And the King H. 8. to express his extraordinary care of his Subjects made the said Act in the third year of his Reign which was the beginning of his Essence to that purpose And by the Common Law any Physician which was allowed by the Vniversity might practise and exercise the said faculty within any place within England without any dispensation examination or approbation of any but after the making of the said Act made in the third year of King H. 8. none may practise exercise or occupy as Physician or Surgeon within the City of London and seven miles thereof if he be not first examined approved and admitted by the Bishop of London and the Dean of Pauls for the time being calling to them four Doctors of Physick or Chirurgeons c. And that no practiser may occupy or exercise the said faculty out of the said Precincts if he be not first examined approved and admitted by the Bishop of the Diocess or in his absence by his Vicar General every of them calling unto him such expert persons in the said faculty as their discretions think convenient And the reason of this difference as he conceived was for that in this City and the said Precincts the King and all his Councill and all the Iudges and Sages of the Law and divers other men of quality and condition live and continue and also the place is more subject to infection and the air more pestiferous and therefore there is more necessity that greater care diligence and examination be made of those which practised here in London and the Precincts aforesaid than of those that practise in other places of the Realm for in other places the people have better air and use more exercise and are not so subject to infection and therefore there is no cause that such care should be used for them for they are not in such danger And in the Statute there is not any exception of the Vniversities nor of those which are Graduates there and therefore they shall be tried by the said Act and the Statute of 14 H. 8. Chap. 5. onely excepts those which are Graduats of Oxford or Cambridge which have accomplished all things for their form without any Grace and if this exception shall be intended to extend to others then all the Vniversities shall be excepted by it and such exception was too general And over he said that the Plaintiff gave absurd and contemptuous answer when he being cited
Constable or other Officer to whom the delinquent was delivered should be registred Iohn Hunt was presented for setting up Bills for the Cure of several diseases He was pardoned conditionally that he set up no more neither practised for the future Dr. Gerard Boet was accused and confessed that he gave Physick to one Mrs. Stone sick of a Pleurifie being examined by the Censors as to his practice he was condemned by them of ill practice fined 10 l. and sent to the Compter in Woodstreet Mr. Phige Apothecary was charged by Mr. Tho. Canby for giving a Clyster several Papers of Powder and letting bloud one Mr. Robert Canby who was sick of a Dropsie Phige refused to give any other answer to the Censors than that if he had offended the Laws he was willing to satisfie them Robert Canby exhibited a note particularly expressing the said Phige his practice upon him signed with his own hand The Contents whereof he likewise attested to be true to the Censors Wherefore the practice of the said Phige was censured in the following words The Censors of the College of Physicians London at Mr. Robert Canby his request have taken into consideration the practice of Mr. Phige Apothecary used on the body of the said Mr. Canby and giâ—e their judgment That the practice of the said Phige was altogether unwarrantable dangerous and prejudicial to the health of the said Mr. Canby and the administration of his Medicines they censure evil and undue Subscribed John Clerk William Goddard Edmund Smith John Bathurst Mr. Philips Distiller of Waters and Spirits being accused of practice because he sold those Waters with notes how to use them promised that hereafter he would give no more directions Dr. Whitaker being summoned before the Censors was asked by what authority he practised Physick he replied that he had taken a degree at Leyden and was incorporated at Cambridge He behaved himself very rudely and insolently Wherefore Orders were forthwith given by the Censors for his prosecution at Law Andrew Kipping Surgeon confessed that he had practised Physick in London for 12 months He pleaded Letters testimonial given him by the President and Elects He was admonished by the President and Censors that for the future he should abstain from all practice Yet being after guilty of illegal practice proved against him order was given for his prosecution at Law the next Michaelmas Term. Iames Oyston Master of Arts in Edenburgh appeared before the President and Censors and produced Letters Patents from the Most Reverend the Arch-bishop of York and from the Right Reverend the Bishop of Durham whereby they had granted him a Licence of practising both Physick and Surgery But being now satisfied that by the Laws of the Kingdom those Licences were invalid He desired to pass the examination of the College that he might carry their Letters Testimonial into the Country with him His request was granted he examined and Letters Testimonial given him drawn up after the ordinary form FINIS THE INDEX A. ANatomy Liberty granted the College by Q. Eliz. Charter to take yearly 4 Bodies in London Middlesex or in any County within 16 miles p. 35 36. Liberty granted them by K. James his Charter to take 6 Bodies yearly for Anatomies in London Middlesex or Surrey 113. Antimonial Cup Several killed by the use of it p. 442 443. Apothecaries the principal heads of their Charter They and the Grocers made one Corporation 4 Jac. p. 119. The grounds for their obtaining this new Charter 119 120. By what Physicians it was approved 120. The Apothecaries separate from the Company of Grocers and made one Incorporation 120 121 123 124. Subject to the Magistracy of the City as well as other 121. The persons first incorporated 122 123. They were incorporated by the name of the Master Wardens c. and made a Body politick 126. Capable to purchase or sell lands 126 142. To have a Common Seal 127. To sue and be sued ibid. Power to chuse a Master two Wardens and 21 Assistants 128. To have an Hall ibid. To keep Courts ibid. To consult about Statutes Laws Articles c. ibid. The Master Wardens c. being 13 in number to make Laws for the government of the Society 129. In all their Orders concerning Medicines to advise with the President and four Censors of the College of Physicians 130. To punish by Fines and Amerciaments to the use of the Master c. without giving account 131. Their Fines to be moderate and not contrary to Law ibid. Their first Master Wardens and Assistants 131. 132. To take an Oath before the Attorney General c. 132. The Master and Wardens to be sworn before the Assistants ibid. Power granted to the Assistants to chuse a Master and Wardens 133. To chuse others in case of death or removal 134. To chuse new Assistants and swear them 135. To administer the Oath to the Master Wardens c. ibid. No Grocer to keep an Apothecaries shop under the penalty of 5 l. per mens 136. No Apprentice to be made free unless allowed by the President or some Physician or Physicians deputed by him who is or are to be present at his examination by the Master and Wardens 137 138. Power to enter Shops and Houses to search and try Medicines and to burn all unwholsome and hurtfull Medicines 139 140. Officers to be assistant to the Master Wardens c. in their search 140 141. Power to buy and sell Druggs c. 141. To chuse a Clerk who is also to be sworn 143. To chuse a Beadle and to give him his Oath 144. A saving of the power of the President and College of Physicians and their authority ibid. The College to have the same power in their searches to call the Master and Wardens of the Apothecaries Company as of the Grocers 145. What Medicines Surgeons may have for their own use ibid. Their wares Druggs and Stuffs to be searched by the Censors and burnt if found faulty 18 19 33 49 311 438. The forfeiture of an Apothecary refusing this search 19 33. The forfeiture of such as being elect refuse to be sworn or to make search 19. Magistrates shall assist Physicians in this their search 33. They are not to divulge the names of Medicines nor deliver Physicians Bills 310. They should expose their Ingredients to open view upon making a dispensation of Medicines 311. No poisonous or venemous Drugg to be sold by them without noting the name of the Buyer and time of buying unless there be a bill sent from some learned Physician for their discharge 312 436. Required by a Warrant from K. James his Council to deliver the bills of all illegal Practisers to the President and Censors 382. Not to compound or administer Medicines without prescription 437. In all their bills there should be entred the Patient's name the day of the month and year 344 345 466. Censured for falsifying bills 439 440. little advantaged by taking Degrees in Physick 443 444.
Interdicted practice 310 364 440. required to give bond not to practise 354. discommuned 375 438 440 443. Certificates given by the Censors against practising Apothecaries 427 471. Sued for practice 415 416 417 418. Fined or fined and imprisoned for the same 333 340 351 354 364 375 403 406 407. Their Apprentices not to be examined but at the College 439. Refused examination when not first examined by their own Company 466. Arms Collegiates discharged from bearing or providing Arms 58 115 282 323 378. C. Cambridge Dr. Winterton Professor of Physick there refused to give Licences to some and incorporation to a Leyden Dr. and why 443 444. He resolved against giving any Licences without keeping an Act 444. Cases reported Dr. Bonham's by Coke p. 178. by Brownlow 202. Butler's by Jones 221. Croke 225. Littleton 229. Huybert's  267. Needham's  273. Censors They are yearly to be chosen out of whom and by whom 9 70 75. Their office and power to examine persons and medicines 9 44 49 88. Their power to search Apothecaries shops and to burn or destroy corrupt or defective medicines 18 19 33 49 92 305 308. To punish for making bad medicines or not according to Physicians prescriptions 49 50 51 95. To summon Apothecaries c. to testifie against illegal practisers and to punish them upon refusal 47 48 50 90 91 93 94. To supervise practisers and to summon censure or punish any of them offending 44 45 86 87. To impose fines 9 32 44 46 50 51 84 89 91 94 95 279 280. To imprison 9 31 32 44 46 50 84 89 95 111 112 279 280 343 344. In what cases they have power to fine and imprison and in what not 188 189 195 207 215 216 217 279 280. How the first of Q. Mary hath enlarged their power 198. Several things to be observed for their better direction 200 219. They may commit to prison upon refusing examination if an ordinance of the College be made to that purpose 280 281. No Action of false imprisonment can lie against them for committing for unskilfull or temerarious practice 281. They may sue for two years practice 419. The form of a Censors Warrant to imprison 467 468. To discharge from prison 351. They are sworn duly to execute their Office 80. They are to take the Oaths of Obedience and Supremacy ibid. They may be removed and for what causes 76 78. Charter of H. 8. why granted p. 6 7. recited in other Charters and in trials with Empiricks 38 39 62 63 148 164. Charter of Q. Elizabeth 35. Charter of K. James why granted 40. The King promised to consent to a bill in Parlament for confirmation thereof 59. Charter of our present Sovereign K. Charles 2. why granted and at whose humble petition 66 67. The King promised to consent to a bill in Parliament for confirmation thereof 116. Charter of K. James to the Apothecaries 119. College of Physicians why and when made a Body Corporate within London and 7 miles thereof p. 6 7 10 11 37 38 62 148. They shall have perpetual succession and a common Seal 8 68 69. They shall be of ability to purchase lands 8 57 68 114. They may sue and be sued 8 42 68 107. They may make lawfull Assemblies and Ordinances for Government 8 53 54 83. None shall practise Physick in London or 7 miles unless he be admitted by the College 8 9 85. Not to be summoned on Iuries and to be exempted from watch and ward and all Parish Offices 10 17 18 115. To have a Hall 53 82. To have a Register 55 109. To appoint other Officers and to give them an Oath 56 110. To remove them upon just cause 56 110. Power to take Recognizances to the King 57 110 111. The King's moiety given to the College 43 106. All fines given to the College 51 52 106. 6l per an to be paid into the Exchequer for and in respect of the King's moiety and fines c. 60 108. The College hath power to remove any of the Elects Censors or Fellows and why 56 78. Not less than 15 can make a College 83. Any of the Physicians in London may practise Surgery 20. Power to punish by fine or imprisonment 84. Their Charter confirmed by Acts of Parliament Royal Patents and adjudged Cases 11 31 35 39 40 41 64 115 116 152 159 163 164 169 172 180 197 205 215 221 229 230 245 250 276. All fines except 10 l. and 5 l. per mens to go to the poor charges first deducted 107 108. Copies of several of their Declarations agianst Empiricks and illegal practisers 147 164 178 202 261. Their Declaration may be in the name of the President and not of the College and yet good 223 225 251 256. They may either bring their Action or exhibite an Information 217 229. This information may lie in any of the King's Courts of Westminster notwithstanding the Statute of the 21 K. Jac. c. 4. 233 234 243 256. The College may imprison for breach of private Statutes and impose reasonable fines thereupon and continue Delinquents in prison till paid 279. They may take a reasonable Sum upon admissions 279. A Letter writ by them against the admission of Dr. Saul to be the Queen's Physician 357. Their opinion required about the death of a Noble Lady 381. About a Patent to be granted for the cure of Ruptures 395. About a person suspected to be poisoned 428. Concerning one pretending great cures as being the seventh Son 446 447 c. E. Elects Eight appointed by Act of Parliament p. 11. Their power what 11 12. Ten appointed by the last Charter 70. their names 71. They may be removed and why 77 78. They should take the Oaths of Obedience and Supremacy 80. Elections They are duly to be made 72. Each Fellow hath his single voice 79. Where voices are even a casting voice is allowed the President ibid. Empiricks Their several pleas 154 222 265. Butler's plea for practice was the 34 35 H. 8. c. 8. p. 222 226 229. The College's Answer 222 226 229. Butler demurrs and why 222 226 230. Errours assigned by him 222 223 225. Iudgment given against him 222 223 224 228 259. How Butler exceeded the licence of the 34 35 H. 8. p. 234. Gardiner's plea the same 154 156. The President 's reply 157. He pleads the insufficiency of that answer 158. The President defends it ibid. A judgment given against Gardiner by the Court of Kings Bench upon the Charter of 10 H 8. and the Statutes confirming it 159. He moves for an arrest of judgment and why 161 162 163. The Court upon hearing the Record adjudged for the College 163. Huybert The College's Declaration against him 261 267. His plea viz. that the 14 15 H. 8. was no Statute 265 267. The College's reply 265. The Record of the 14 15 H. 8. brought out of Chancery to the Court of King's Bench by Mittimus 267. Huybert's Council objected that this was no Act
approved by the next Court and registred before any levy or execution be had thereof and after by Warrant to commit the party untill c. or levy it of his goods The 10 l. and 5 l. per Mensem excepted Appeal to Within one Month after the Fine approved in Court Visitors Constituted Power to receive and determine Appeals c. To the said Visitors or any two of them To remove the Cause before them To summon and swear Witnesses After sentence to remit the Cause All Judgments in such Appeal to stand good and no further relief or appeal after Provided if neglect of prosecution or the Appeal not determined within six Months the President and Censors to proceed as if no Appeal therein To proceed on Judgment in Appeal after remitted as in other case before Appeal Provided that no Offender be questioned but within a year after the Offence committed All Fines and Amerciaments given to the Colledge Except the penalties and forfeitures on Recognizances Power to sue for them and levy them as aforesaid All the Fines charges deducted to go to the poor 6 l. per ann reserved to the King Power to choose a Register His duty Power to choose other Officers To be sworn To put them out again c. To take Recognizances of Offenders * rect President and Censors or to the Vice-president and Censors in the absence of the President or any three To commit such as refuse to enter into Recognizance Goalers to receive and detain the Prisoners Penalty Liberty to take six Bodies yearly for Anatomies Provided they be buried after Liberty to purchase Lands 200 l. per ann Physicians not to be of Juries nor Churchwarden Constable nor Scavenger in London or seven miles distant c. Watch and Ward Bearing and providing Armes Confirmation of all former Grants Not hereby altered To consent to a Bill in Parliament for Confirmation Apothecaries and Grocers made one Corporation 4 Jac. The grounds for this New Charter Empiricks Hurtfull Medicines The Apothecaries separate from the Company of Grocers And made an Incorporation Subject to the Magistracy of the City as well as others The persons first incorporated were these 114. Natural Subjects And their Apprentices Separated from the Grocers And exempt from all Fines Amerciaments c. from the same By the name of the Master Wardens c. made a Body Politick Capable to purchase Lands c. by the same name In Fee-simple For term of years or otherwise To sue and be sued * fuerint To have a Common Seal At pleasure to be broken or altered Power to choose a Master Two Wardens and 21 Assistants To have an Hall or Council-house To keep Court or a Convocation To consult about Statutes Laws Articles c. The Master Wardens c. being 13 in number To make Laws For the Government of the Society In their Orders concerning Medicines to advise with the President and four Censors of the Colledge of Physicians To punish by Fines and Amerciaments To the use of the Master c. Without giving account But to be moderate and not contrary to Law Edm. Phillipps first Master Stephen Higgins and Tho. Fones first Wardens First Assistants To take an Oath before the Attorney-General c. The Master and Wardens to be sworn before the Assistants Power to the Assistants to choose a Master and Wardens Power to choose others in case of death or removal To choose new Assistants And swear them Power to administer the Oath to the Master Wardens c. No Grocer to keep an Apothecaryes shop Vnder the penalty of 5 l. Per Mensem No person to keep a Shop Till he have served seven years Apprentiship No Apprentice to be made free unless allowed by the President or some Physician deputed by him who is to be present at his Examination by the Master and Wardens And be examined * del tam. Power to enter Shops and Houses To search and try Medicines And burn all unwholsome and hurtfull Medicines Officers to be assistant to the Master Wardens c. in their search Power to buy and sell Drugs c Power to purchase Lands c. Power to sell To choose a Clerk Who is also to be sworn Power to choose a Beadle And give him his Oath A saving of the power of the President and Colledge of Physicians and their Authority The Colledge to have the same power in their searches to call the Master and Wardens of the Apothecaryes Company as of the Grocers What Medicines Surgeons may have for their own use * ditionis nostrae * profitebuntur * Suburbiis * medicis * illas * nuper * had endued * morbo * quo * ledebant * ditionis * gravium * earum * del hujusmodi * dicta * authorizat ' * authorizat ' * places * contingeret * Anglicâ— Action of false imprisonment Action of false imprisonment Serj. Harris the younger Term. Trin. ann 8 Car. 1. in B. R. Littleton's reports p. 168. Mich. 4 Car. Stat. 14 H. 8. cap. 5. Stat. 34 H. 8. cap. 8. Stat. 3 H. 8. cap. 11. 1 Mariae c. 9. Stat. 34 H. 8. Stat. 3 H. 8. Stat. 3 H. 8. Pleading Departure Patents Free Trade Penal Statute Information Courts Quarter Sess 21 Jac. c. 4. Informations Information Forfeiture to the Royal Court Action popular Information Stat. 14 H. 8. c. 5. Surgery Stat. 34 H. 8. c. 8. Potions Stat. repeal Stat. 34 H. 8. cap. 8. Stat. 1 Mariae Pleading Replication Departure Novel matter Stat. 37 Eliz. cap. 5. Lit. rep 212. Exposition of the word Medicina Stat. 14 H. 8. Stat. 3 H. 8. cap. 11. Information Stat. 8 E. 4. 31 Eliz. c. 5. Lit. rep p. 246. Statutes General Particular Pleading Confess and avoid Traverse Corporation Name Lit. rep p. 349. London Lond. ss Imprimis London ss A Copy of the Censors Warrant for the commitment of Empiricks to prison