Illustrissimus Vir Marchio Dornaviae proponitur eligendus Socius omnésque Socii praesentes in illius admissionem laetis animis suffragantur Mox Dr. Scarburgh à Praeside ad id muneris designatus tum illius virtutes animúmque verè Heroicum tum honorem hoc facto in Societatem nostram collatum eleganti oratione extulit Ipséque Marchio Artis Medicinae praestantiam decúsque ac laudem sibi à Collegio concessam breviquidem sed nervosâ oratione apertè professus est Simul Statutis nostris nomen suum adscripsit pollicitúsque est se Collegii statum ac dignitatem sartam tectam pro viribus conservaturum tandémque bellaria in praesentes omnes liberalissimè effudit This most illustrious and learned Nobleman in his Latine Oration made in the publick Hall of the College upon his admission into that Society expressed a great value for the Art of Physick which he said many Princes and great men had highly esteemed and made profession of And that for his own part he took it for the greatest honour next to that conferred upon him by his Majesty to be ranked amongst them which esteem he continued to that Learned Society to his last end He having often been heard to say that he did believe them the Learnedst Society of their profession in the World and therefore as a testimony of his value for them he left them the best Library for Physick Mathematicks Civil Law and Philology in any private hand in this Nation for a choice collection of books to the value of above 4000 l. Which Library after the Marquess's death was presented to the College by his daughter the Right honourable the Lady Grace Pierrepont Her Honour knowing it to be her Father's intention in his life time In short this Noble and great Lord was a man of that exemplary Loyalty to his Prince and of those great attainments and proficiency in Learning that he merits a just volume to set forth his deserved praises He died upon the 8th of December An. Dom. 1680. in the 74th year of his age of a Gangrene and mortification in his left Leg which proceeded from an inflammation procured by the rubbing off a little skin on that heel He was carried some time after he had lain in state at his house in Charter-house yard to his ancient seat of Holme Pierrepont near Nottingham where he lies interred amongst his Ancestours Dr. Thomas Willis was bred in Christ-church in Oxford and in the time of the late Rebellion was one of those Scholars who voluntarily listed himself in the Academick Regiment to serve his Sovereign in which service he continued for many years till that Garrison was surrendred After which he applied himself to the study of Physick retaining still that affection to the Government of the Church of England that when our Liturgy was thrust out of our Churches and it was rendred criminal to attend its Worship he dedicated part of his house to those holy uses that so the publick Prayers and Offices of the Church might be there performed where he constantly attended twice a day and had several friends with him thrice a week there being likewise a Sermon preached and a Sacrament constantly administred the first Sunday in the month He during those unhappy times improved very highly not onely in the knowledge but likewise in the practice of Physick being more admired and sought to than any of his Contemporaries in that Vniversity but still resolved that he would not take his Degree under the then pretended Government He wrote during his Majesty's exile those most incomparable Tracts De fermentatione de Febribus de Urinis which he published An. Dom. 1659. In which book he hath shewed himself to have been no less versed in Chymistry than in other parts of Natural Philosophy having ingeniously asserted and rationally proved that the generation perfection and corruption of Natural as well as Artificial Bodies do depend upon fermentations according to the different proportion and motion of their constituent principles viz. Spirit Sulphur Salt Water and Earth According to these principles he hath given us the Analysis of the bloud with a new Hypothesis of Fevers and excellent observations concerning them In his Epistle before his Tract De Febribus he gives this account for instituting a new doctrine of Fevers In re medica idque jure merito non ea nostris quae prioris aevi hominibus placuere quippe veteres supposito circa motum sanguinis falso innixi velut per lubricum loca paludosa pròcedentes saepius foedè nec minùs periculosè lapsi sunt Quare ex quo insignissimus Harvaeus noster circulationem sanguinis tanquam novum in Medicina fundamentum posuit nihil mirum si instaurandam penitus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fulcimentis veteribus collapsis aedificium ab ipso solo quod aiunt reficiendum curaverint posteri Olim inter antiquos prout humoris nutritii sanguinis succi nervosi distributio motus naturales ita eorundem praeternaturales effervescentiae febriles omnino in abstruso tenebris latuerunt Nunc verò cùm nova affulserunt lumina priùs abditas rerum causas novisse datum est minimè decet viros prudentes Philosophiam professos usque clausos tenere oculos atque in luce ipsa etiamnum caecutire praesertim verò circa morbum à quo tertia pars mortalium usque hodie cadit malle cum antiquis errare quà m cum Neotericis verum sentire aut verisimiliter opinari animum insignis pervicaciae reum arguit Cùm itaque prioris Medicinae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 basin instabilem minùs firmam habere atque huic plurima erronea planè falsa superstrui facilè sit ostendere quid obstat quin nos principia certiora nacti circa Febres scientiam meliorem eruere conemur c. He hath likewise in this book given us the Chymical Analysis of Vrine as also an account of the quantity colour consistence and contents of the Vrines of healthfull and sick people with several methods of examining them by distillation evaporation precipitation c. and also discovered the great uncertainty of Vromancy in several diseases About a year after his publication of this book his Sacred Majesty was restored to his Crown and People after which he took his degree of Doctor in Physick and was chosen Professour of Natural Philosophy Vpon which notwithstanding the multiplicity of his practice he seldom failed for a considerable time of Reading once a week in Term time such Lectures as invited more than an ordinary number of the most ingenious young Students and others of the Vniversity to be his constant Auditors Whilst he continued at Oxford he published 2 other excellent books One his Cerebri Anatome printed An. Dom. 1664. the other De morbis convulsivis printed An. 1667. In the first of which he hath given us a far more accurate Anatomy of the Brain than any before
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
ceteris dominis Spiritualibus Temporalibus quandam Comissionem Domini Regis magno figillo suo sigillatam Cujus tenor sequitur in hec verba HENRICUS Octavus Dei gratia Anglie Francie Rex fidei defensor Dominus Hibernie Reverendissimo in Christo Patri intimoque ac dilectissimo Consiliario suo domino Thome miseracione divina tituli Sancte Cecilie Sacrosancte Romane Ecclesie Presbitero Cardinali Eborum Archiepiscopo Angl ' Primati Apl'ice Sedis etiam de latere Legato Cancellar ' suo salutem Sciatis quod propter infeccionem aeris Pestiferi ubique per Civitatem nostram London invalescentem de avisamento assensu Consilii nostri assignavimus vos Ac vobis tenore Presentium committimus potestatem authoritatem Specialem ad presens Parliamentum nostrum usque Westmonaster ' ad diem Veneris proximum futur ' Prorogand ' continuand ' ibidemque tenend ' Dante 's ulterius universis singulis tam Archiepiscopis Episcopis Abbatibus Prioribus Ducibus Comitibus Vicecomitibus Baronibus Militibus Civibus Burgensibus quam omnibus aliis quorum interest ad dictum Parliamentum nostrum predict ' conventur ' tenore presentium firmiter in mandatis quod vobis in premissis faciend ' exequend ' pareant obediant intendant prout decet In cujus rei testimonium has literas nostras fieri fecimus Patentes Teste meipso apud Westmonaster ' vicesimo nono die Julii anno regni nostri Quintodecimo Quaquidem Comissione publice per Clericum Parliamenti l'ca dictus Reverendissimus dominus Legatus Cancellarius virtute ejusdem Comissionis Prorogavit continuavit adjournavit presens Parliamentum usque Westmonaster ' ad diem Veneris tunc proxime futur ' ibidemque tenend ' hora consueta Mandavit insuper dictus Reverendissimus Dominus Legatus Cancellarius Attorn ' Solicitatori Domini Regis quod assumpta secum dicta Comissione die sequente accederent in Domum Comunem intimaturi eis de domo Comuni dictam Prorogacionem Continuacionem adjornacionem lecturique coram eis dictam Comissionem ad intencionem quod ipsi Comunes diem prefixum apud Westmonaster ' observent prout decet Die Jovis tertiodecimo die Mensis Augusti CXXX die Parliamenti ad horam firme sextam post Meridiem Domino Rege in Solio Majestatis sedente in Camera vulgariter dicta Camera Parliamentorum infra Palacium suum Westmonaster ' assedentibus dominis tam Spiritualibus habitibus sive Robis Parliamentalibus decoratis Presente etiam de domo Comuni sive inferiori toto populo plebe Thomas Moore Miles eorum Prolocutor silencio prius indict ' graviter eloquent ' magno cum honoris humilitatis ac modestum honestament ' Regiam affatus est Majestatem eandem summis merit ' quidem extollens laudibus dotes graves nature fortune eedem sue Majestati à Deo Maximo concessas copiosissime prosequebatur magnam in Prudencia excellenciam promptam fortitudinis agilitat ' mirum temporancie moderamen divinum Justicie ardorem innatam Clemencie erga subditos benignitatem Subditorum erga eandem suam Majestatem amorem obedienciam ac debitam observanciam multa per exempla declarabat In cujus rei comprobacionem quoddam scriptum Indentatum concessionem cujusdam maximi subsidii in se continens Regie Majestati optulit Argumentum certe evedentissimum summe devocionis bonorum Regem Subditorum Cui tam excellente oracioni finem tam imposito dictus Reverendissimus dominus Legatus Cancellarius Domino Rege prius consult ' singula egregie recitando respondebat Quo fact ' idem 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 responcione secundum annotaciones Regie voluntatis declarativas à dorso scriptas facta dictus Reverendissimus dominus Legatus Cancellarius exhortando admonendo nomine Regis omnes Dominos ac Comunes supradictos ut diligent ' Ordinat ' Statuta pro bono publico in hoc Parliamento observarent ab aliis observari procurarent Post graciar ' ex parte Domini Regis accionem dict' Dominis Comunibus pro eorum diligenti laboriosa perseverantia circa expedicionem premissorum Parliamentum predictum nomine Regio duxit finiend ' dissolvend ' illud realit ' finivit perit dissolvit concedens omnibus liberam ad propria prodendi facultatem Anno Regni supradicti metuendissimi ac potentissimi domini nostri Regis Quintodecimo Nos autem tenorem Premissorum predictorum ad requisicionem Georgii Ent Militis in Medicinis Doctoris ac Presidentis dicti Collegii Medicorum London duximus exemplificand ' per presentes In cujus rei testimonium has literas nostras fieri fecimus Patentes Teste meipso apud Westmonaster ' vicesimo septimo die Februarii Anno regni nostri vicesimo quinto Examinat ' per nos Will'm Childe S. Clerk in Cancellaria Magistror ' duos MEMORANDUM THere are 36 Acts stitched together on the same Roll of Parliament amongst which the Physicians Act is to be found 26 Of these were signed at the bottom of each Act Respons Regis Le Roy le veult The other 10 whose titles are as follow were stitched to the former 26 in order as they are under-written At the bottom of which upon the same Roll you may find the foregoing Commission which was exemplified with the Physicians Act and Patent at the request of the College of Physicians 27 An Act for the Haven or Port of Southampton 28 An Act for George Guleford to lay out a new way 29 An Act that the 6 Clerks of Chauncery may Marry 30 An Act for George Roll to hold his place 31 An Act for the Clothiers in Suffolke 32 An Act concerning Cordwayners 33 An Act touching Physicians 34 An Act for payment of Custome 35 An Act against tracing of Hares 36 A discharge of Edmond Shaa 32 H. 8. C. 40. For Physicians and their Priviledges IN most humble wise sheweth unto your Majesty your true and faithfull subjects and liege men the President of the Corporation of the Comminalty and fellowship of the Science and faculty of Physick in your City of London and the Commons of the Fellows of the same that whereas divers of them many times having in cure as well some of the Lords of your most honourable Councill and divers times many of the Nobility of this Realm as many other your faithfull and liege People cannot give their due attendance to them and other their Patients with such diligence as their duty were and is to doe by reason they be many times compelled as well within the City of London and suburbs of the same
as in other Towns and Villages to keep Watch and Ward and be chosen to the Office of Constable and other Offices within the said City and suburbs of the same as in other places within this your Realm to their great fatigation and unquieting and to the peril of their Patients by reason they cannot be conveniently attended It may therefore please your most Excellent Majesty with the assent of your Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by authority of the same to enact ordain and establish That the said President of the Comminalty and fellowship for the time being and the Commons and Fellows of the same and every Fellow thereof that now be or that at any time hereafter shall be their Successors and the Successors of every of them at all time and times after the making of this present Act shall be discharged to keep any Watch and Ward in your said City of London or the suburbs of the same or any part thereof and that they or any of them shall not be chosen Constable or any other Office in the said City or suburbs And that if any time hereafter the said President for the time being or any of the said Commons or Fellows for the time being by any ways or means be appointed or elected to any Watch or Ward Office of Constable or any other Office within the said City or suburbs the same appointment or election to be utterly void and of none effect any order custom or Law to the contrary before this time used in the said City notwithstanding 2. And that it may please your most Royal Majesty by the authority aforesaid that it may be further enacted ordained and established for the common wealth and surety of your loving subjects of this your Realm in and for the administration of medicines to such your said subjects as shall have need of the same that from henceforth the said President for the time being Commons and Fellows and their Successors may yearly at such time as they shall think most meet and convenient for the same elect and chuse four Persons of the said Commons and Fellows of the best learned wisest and most discréet such as they shall think convenient and have experience in the said faculty of Physick And that the said four persons so elected and chosen after a corporal oath to them ministred by the said President or his Deputy shall and may by virtue of this present Act have full authority and power as often as they shall think méet and convenient to enter into the house or houses of all and every Apothecary now or any time hereafter using the mystery or craft of Apothecary within the said City onely to search view and sée such Apothecary-wares drugs and stuffs as the Apothecaries or any of them have or at any time hereafter shall have in their house or houses And all such wares drugs and stuffs as the said four persons shall then find defective corrupted and not méet nor convenient to be ministred in any Medicines for the health of man's body the same four Persons calling to them the Wardens of the said mystery of Apothecaries within the said City for that time being or one of them shall cause to be brent or otherwise destroy the same as they shall think méet by their discretion And if the said Apothecaries or any of them at any time hereafter do obstinately or willingly refuse or deny the said four persons yearly elected and chosen as is beforesaid to enter into their said house or houses for the causes intent and purpose before rehearsed That then they and every of them so offending contrary to this Act for every time that he or they do so offend to forfeit C. s. the one half to your Majesty and the other half to him that will sue for the same by Action of debt bill plaint or information in any of the King's Courts wherein no wager of Law essoin or protection shall be allowed And if the said four persons or any of them so elected and chosen as before is said do refuse to be sworn or after his said oath to him or them administred do obstinately refuse to make the said search and view once in the year at such time as they shall think most convenient by their discretions having no lawfull impediment by sickness or otherwise to the contrary That then for every such wilful and obstinate default every of the said four persons making default to forfeit fourty shillings 3. And forasmuch as the science of Physick doth comprehend include and contain the knowledge of Surgery as a special member and part of the same Therefore be it enacted That any of the said Company or Fellowship of Physicians being able chosen and admitted by the said President and Fellowship of Physicians may from time to time as well within the City of London as elsewhere within this Realm practise and exercise the said science of Physick in all and every his members and parts any Act Statute or Provision made to the contrary notwithstanding 32 H. 8. C. 42. For Barbers and Surgeons THE King our Sovereign Lord by the advice of his Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the authority of the same by all the common assents duly pondering among other things necessary for the common wealth of this Realm that it 's very expedient and néedful to provide for men expert in the science of Physick and Surgery for the health of mans body when infirmities and sickness shall happen for the due exercise and maintenance whereof good and necessary Acts be already made and provided Yet nevertheless forasmuch as within the City of London where men of great experience as well in speculation as in practice of the science and faculty of Surgery be abiding and inhabiting and have more commonly the dayly exercise and experience of the same science of Surgery than is had or used within any parts of this Realm and by occasion thereof many expert persons be brought up under them as their servants Apprentices and others who by the exercise and diligent information of their said Masters as well now as hereafter shall exercise the said science within divers other parts of this Realm to the great relief comfort and succour of much People and to the sure safeguard of their bodily health their limbs and lives And forasmuch as within the said City of London there be now two several and distinct Companies of Surgeons occupying and exercising the said science and faculty of Surgery the one Company being commonly called the Barbers of London and the other Company called the Surgeons of London which Company of Barbers be incorporated to sue and be sued by the name of Masters or Governours of the Mystery or Comminalty of the Barbers of London by virtue and authority of the Letters Patents under the great
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
Letters Patents and the Acts themselves by construction and conferring all the parts together Optima Statuti interpretatrix est omnibus particulis ejusdem inspectis ipsum Statutum And injustum est nisi totâ lege inspectâ de una aliqua ejus particula judicare vel respondere The first reason was that these two were two absolute perfect and distinct Clauses and as Parallels and therefore the one did not extend to the other for the second beginneth Praeterea voluit concessit c. and the branch concerning fine and imprisonment is parcel of the second Clause 2. The first Clause prohibiting the practising of Physick c. doth comprehend 4 certainties 1. Certainty of the thing prohibited sc practice of Physick 2. Certainty of the time sc practice for one month 3. Certainty of Penalty sc 5 li. 4. Certainty of distribution sc one Moyety to the King and the other Moyety to the College and this penalty he who practiseth Physick in London doth incur although he practise and use Physick well and profitably for the body of man and upon this branch the Information was exhibited in the Kings Bench. But the Clause to punish delicta in non bene exequendo c. upon which branch the Case at Barr stands is altogether uncertain for the hurt which may come thereby may be little or great leve vel grave excessive or small c. And therefore the King and the makers of the Act cannot for so uncertain offence impose a certainty of fine or time of imprisonment but leave it to the Censors to punish such offences secundum quantitatem delicti which is included in these words per fines amerciamenta imprisonamenta corporum suorum per alias vias rationabiles congruas 2. The harm which accrueth by non bene exequendo c. doth concern the body of man and therefore it is reasonable that the offender should be punished in his body sc by imprisonment but he who practiseth Physick in London in a good manner although he doth it without leave yet it is not any prejudice to the body of man But the clause of Non bene exequendo c. doth not prescribe any time certain but at what time soever he ministreth Physick non bene c. he shall be punished by the said 2 branch And the Law hath great reason in the making of this distinction for divers Nobles Gentlemen and others come upon divers occasions to London and when they are here they become subject to diseases and thereupon they send for their Physicians into the Countrey who know their bodies and the causes of the diseases now it was never the meaning of the Act to barr any one of his own Physician and when he is here he may practise and minister Physick to another by 2 or 3 wéeks c. without any forfeiture for any one who wactiseth Physick well in London although he hath not taken any degree in any of the Vniversities shall forfeit nothing if not that he practise it by the space of a month and that was the cause that the time of a month was put in the Act. 4. The Censors cannot be Iudges Ministers and Parties Iudges to give sentence or Iudgment Ministers to make summons and Parties to have the moyety of the forfeiture quia aliquis non debet esse Judex in propria causa imo iniquum est aliquem suae rei esse Judicem and one cannot be Iudge and Attorney for any of the parties Dyer 3 Ed. 6. 65. 38 E. 3. 15. 8 H. 6. 19 20. 21 E 4. 47. c. And it appeareth in our books that in many Cases the Common Law doth controll Acts of Parliament and sometimes shall adjudge them to be void for when an Act of Parliament is against Common right and reason or repugnant or impossible to be performed the Common Law shall controll it and adjudge such Act to be void and therefore in 8 E. 3. 30. Thomas Tregors Case upon the Statute of West 2. Cap. 38. and Articuli super Chartas Cap. 9. Herle saith Some Statutes are made against Common Law and right which those who made them would not put in execution The Statute of West 2. Cap. 21. giveth a Writ of Cessavit haeredi petenti super haeredem tenent super eos quibus alienatum fuerit hujusmodi tenementum and yet it is adjudged in 33 E. 3. Cessavit 42. where the Case was Two Coparceners Lords and Tenant by Fealty and certain Rent One Coparcener had issue and dyeth the Aunt and the Néece shall not joyn in a Cessavit because that the heir shall not have a Cessavit for the cesser in the time of his ancestor F.N.B. 209. F. And therewith agréeth Plow Com. 110. and the reason is because in a Cessavit the Tenant before Iudgment may render the Arrearages and damages and hold his land again and that he cannot doe when the heir bringeth a Cessavit for the cesser in the time of his Auncestor for the arrearages incurred in the life of the Auncestor do not belong to the heir and because that it shall be against right and reason the Common Law shall adjudge the said Act of Parliament as to that point void The Statute of Carlisle made 35 E. 1. enacteth That the Order of the Cistertians and Augustines who have a Covent and Common Seal that the Common Seal shall be in the keeping of the Prior who is under the Abbot and 4 others of the most grave of the house and that any déed sealed with the Common Seal which is not so in kéeping shall be void and the opinion of the Court Anno 27 H. 6. Annuity 41. was that this Statute was void for it is impertinent to be observed for the Seal being in their kéeping the Abbot cannot seal any thing with it and when it is in the Abbots hands it is out of their kéeping ipso facto and if the Statute should be observed every Common Seal shall be defeated upon a simple surmise which cannot be tryed Note Reader the words of the said Statute of Carlisle which was made 35 E. 1. which is called Statutum Religiosorum are Et insuper ordinavit dominus Rex statuit quod Abbates Cicestr ' Premonstraten ' ordin ' religiosorum c. de caetero habeant Sigillum Commune illud in custodia Prioris Monasterii sui domus quatuor de dignioribus discretioribus ejusdem loci conventus sub privato Sigillo Abbatis ipsius loci custod ' depon ' c. Et si forsan aliqua scripta obligationum donationum emptionum venditionum alienationum seu aliorum quorumcunque contractuum alio sigillo quà m tali sigillo communi sicut praemit ' custodit ' inveniant ' à modo sigillata pro nullo penitus habeantur omnique careant firmitate So the Statute of 1 E. 6. cap. 14. giveth Chauntries c. to the King saving to the donor c. all such rents services
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
of Aldermen charged the College with Arms whereupon they applied themselves to Queen Elizabeth and her Council upon which Secretary Walsingham wrote a Letter to the Lord Mayor and Aldermen of London that they should no more trouble the College but permit them to live quietly and free from that charge After this they met with no farther trouble or molestation till the Reign of K. James at which time the College being charged with Arms Sir William Paddy pleaded their Privilege before Sir Thomas Middleton Lord Mayor and a full Court of Aldermen and Sir Henry Mountague Recorder an account of which is at large Printed in this Book But the issue thereof was in short the following viz. That the Recorder then perusing every branch of the Statutes recited by Sir William Paddy with the reasons by him urged and opening every part thereof at large did conclude that the Act of Parliament did extend to give the College as much immunity as in any sort to the Chirurgeons Whereupon the Court desired a List of the Members of the College which was immediately given them and an Order entred for a dispensation to the College from bearing of Arms and also a Precept was then awarded by the Mayor and Court to commit all other Physicians or Surgeons refusing to bear or find Arms who were not of the College allowed or Chirurgeons licensed according to form About 3 years after this debate King James granted the College his Royal Charter wherein he confirms all former Statutes and Patents given them by his Royal Progenitors and therein granted To all and every Physician of the College to be wholly and absolutely free from providing or bearing of any Armour or other Munition c any Act or Statute to the contrary notwithstanding After this the College enjoyed this privilege without interruption during the Reign of King Charles the First of glorious memory untill the times of the late Rebellion in which Rights both Civil and Sacred were invaded and our College exposed to publick sale by mercenary Villains But upon the return of his Sacred Majesty He was pleased to take this Royal foundation into his protection and in the 15th year of his Reign gave them his Letters Patents confirming all their former Privileges and endowing them with many new ones amongst which this of being exempted from bearing and providing Arms c. is contained in the following 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 and 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 serving and appearing in any Iury or Iuries for the trial of any matter or cause or taking finding or executing of any Commission or inquisition whatsoever and of and from being or chosen to be Churchwarden Constable Scavenger or any such or the like Officer or Officers and of and from the undertaking execution or exercise of all and every the same and such like Office and Offices place and places and every of them and also of and from all Watch and Ward and of and from bearing and providing Arms within our Cities of London or Westminster or either of them or within 7 miles compass thereof And in case they or any of them shall at any time hereafter by any ways or means be designed appointed nominated or chosen into or to undergo or bear or perform any of the said Office or Offices place or places Duty or Duties or any of them within our said Cities or the Suburbs or Liberties thereof or limits aforesaid That all and every such designation appointment nomination or election shall be utterly void and of none effect Any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding In the Seventeenth of his Majestie 's Reign he was pleased pursuant to his Royal Patent to send the following Letter in behalf of the College by Sir Alexander Frazier his chief Physician the Superscription of which was To our trusty and well-beloved the Lord Mayor of our City of London for the time being and to the Deputy Lieutenants and Commissioners of the Militia of London and Westminster that now are and hereafter shall be and to all other Officers and Ministers whom it may concern CHARLES R. WHereas in conformity to several Grants and Charters made by our Royal Progenitors Kings of England unto the College of Physicians in our City of London We have béen pleased of our especial Grace and Favour to confirm all their ancient Privileges and Immunities with the addition of some further Powers and Clauses for the reguiation of that faculty by our Letters Patent bearing date the 26th of March in the 15th year of our Reign Wherein amongst other things it is exprefly provided and by us granted that every Physician who is or shall be a Member of the said College be frée and exempt and discharged of and from all Watch and Ward and of and from bearing and providing Arms within our Cities of London or Westminster or either of them or within 7 miles compass thereof We have thought fit hereby to acquaint you therewith and with our pleasure thereupon Willing and Requiring you in your several Places and Stations to give effectual orders from time to time that the said exemption from Watch and Ward and from bearing and providing Arms be now and hereafter punctually observed in favour of the Members of the said College within the limits aforesaid And that you suffer them not to be any wise molested on that behalf And for so doing this shall be your Warrant Given at our Court at Whitehall the 28th day of June 1665. in the seventéenth year of our Reign By his Majestie 's Command William Morice This is a true Copy of His Majestie 's Letter Will. Morice Thus by the especial grace and favour of the Kings and Queens of England the College of Physicians have been freed from bearing and providing Arms and though some particular Member may of late have been summoned upon that account by the Lieutenancy yet upon producing his Majestie 's Patent and asserting his Sovereign's Natural right in dispensing with a Corporation of men from bearing and providing Arms which was an inherent prerogative in the Crown and therefore an Act of Parliament was made in 13 Car. 2. 6. positively declaring That the sole and Supreme Power government command and disposition of all the Militia and of all Forces by Sea and Land c is and by the Laws of England ever was the undoubted right of his Majesty and his Royal Predecessors They were freed from any further trouble An instance of which we lately had in the case of Dr. Novell then Candidate of the
Ros in Wormwood water He boasted that he made use of no other help for the discovery of distempers but his Ephemerides and that by the heavenly Signs Aspects and Constellations of the Planets he could presently know every disease Being examined in the principles of Astronomy as well as in the Elements of Physick he answered so absurdly and ridiculously that it caused great mirth and sport amongst the Auditors He was interdicted practice and punished propter malam illicitam praxin 5 l. which he readily and faithfully promised to pay About 2 or 3 years after he was examined a second time and found very ignorant He confessed that he had never read any Author in Physick but one Cockis an obscure English writer and of no reputation He then acknowledged as before that he onely practised Physick by his skill in Astrology in which Art being again examined he was found not to understand the common principles of it Wherefore he was committed to Prison and fined 10 l. to be paid to College uses propter illicitam praxin insignem audaciam After a month or 6 weeks imprisonment he was released by an Order from the Lord Keeper upon which the College order'd that the 4 Censors with Dr. Smith should wait upon his Lordship to acquaint him with the cause for which they had committed so notorious an Impostor to Prison and to Petition his Honour that he might be again recommitted by virtue of the former Warrant signed by the Censors of the College Nine months after this bold and impudent Impostor appearing before the College confessed that he had prescribed a compound water to a Gentleman in a burning Fever upon the taking of which he immediately died Being asked upon what grounds he practised Physick or durst adventure to give medicines to the sick he answered that he understood the nature of diseases and proper remedies onely by Astrology Being then examined a third time in that Art by the Queen's Physician he was again found a mere Impostor and ignorant in that as well as in Physick Wherefore he was by a Warrant from the Censors committed again to Prison This so humbled Forman that after he got out of Prison he fled to Lambeth as a place of protection from the College Officers Wherefore the College presented the following Letter to the Most Reverend the Arch-Bishop of Canterbury against him To the most Reverend our singuler good Lord the Arch-Bishop of Canterbury 's Grace MOst Reverend and our singuler good Lord May it please your Grace to be advertised That one Simon Forman an intruder into the profession of Physick hath of long time in this Cytie as well to the great prejudice of our privileges as also to the intolerable abuse of her Majesties Subjects been a great Practitioner in the same making a deceitfull shew and colour to the ignorant people that his skill is more than ordinary depending upon the speculation and insight of Nativities and Astrology thereby miserably deceaving the innocency of such simple minded people as resort unto him for Counsel For redress whereof we have heertofore convented him in our College assemblees and having made good and sufficient tryall of his skill as well in the one as the other have found him exceeding weak and ignorant in the very Principles of them both as appeereth by his most absurd answers yet extant in our College book of ordinary examynations And thereupon according to the Statutes of the Realme we have heertofore utterly forbidden him to deale any further in practise of that science wherein he hath so little skill All which notwithstanding the said Forman as we are informed hath now placed himself in Lambheath being a Town under your Grace's Jurisdiction mynding thereby as yt shoold appeare to abuse your honorable protection touching the premises In consideration whereof we humbly beseech your Grace that as well in regard of the insufficiency of the man as also for the better maintenance of our auncient privileges he may be frustrate of his expectation in that behalf and that by your Grace's favour we may be ayded and permitted without any lett or impediment to use such lawfull and ordinary coorse as both holsom Lawes and our Privileges have provided for the suppressing of him and the like offendors and we shal be bound to pray for your Grace's long lief and honorable prosperytie And so we most humbly take our leave 28 Iunii 1601. To this Letter the Arch-Bishop returned the following answer AFter my very hartie commendacions Forman nether is nor shall be countenanced by me nether doth he deserve it any way at my hands I have heard very little of him insomuch as I had a meaning to call him by vertue of the commission Ecclesiastical for divers misdemeanors if any man woold have taken upon him the prosecution of the cause against him In which mynd I remaine still And therefore use your authorytie in the name of God My Officers shall geve you assistance or els they shall be no Officers of mine And so I commit you to the tuition of the Almighty God From my howse at Croyden the 4th of Iuly 1601. Your loving freend Jo. Cantuar. After this Mr. Pelham a Physician and another person acquainted the College with the notorious cheats that Forman made use of for deceiving the people as his enquiring the Patient's name and place of habitation then erecting a figure after that passing a judgment of the disease and event thereof then prescribing remedies c. Upon which the Censors order'd a Citation for his appearing before them But he refusing to appear unless he might have their promise for his safe return he was prosecuted at Law according to direction of Councell de mala praxi illicita IN the 37th William Chetley an Apothecary in Bishopsgate-street having given a lenitive Clyster Bolus and Pills without the advice of a Physician was fined by the Censors and had likewise been committed to prison for his illegal practice but that some of the Fellows interceded for him Iohn Grove a Surgeon being examined and confessing the prescribing of a most dangerous purging Medicine he was fined 5 l. and committed to prison propter istam insignem audaciam periculosam inscientiam illicitam praxin In this year of the Queen's Reign the College order'd the following Letter to be sent to the Surgeons of London that they might wholly abstain from the practice of Physick To our verie loving freends the Master the Wardens the Assistants and the residue of the Company of the Chirurgions in London AFter our very hartie commendacions Among many other laudable Ordinances and Statues confirmed by her Majestie 's Royal assent and authority of the High Parliament It is not unknowen to you upon what substantiall and grave advice by the authority aforesaid Our Society of this her Majestie 's Citie of London is invested with a Privilege touching the practising of Physick within this said Citie and certaine circuits thereunto adjoyning expresly named and
kindness to Ienkins and promised that for the future Ienkins should behave himself inoffensively to the College otherwise he was willing that he should be punished as they should see reason for it After this fresh informations were brought against him all which he denied a great while But at last desired to have all that was past remitted and on that condition faithfully promised that for the future he would give no advice upon the sight of Urines nor any inward Physick and if therein he was found faulty he willingly offered to pay 5 l. for every time so doing Upon which promise and submission he was again dismissed Bartholomew Chappell appeared before the College and was fined for practising Physick without Licence About 3 months after he procured Letters to the College in his behalf from the Lord Treasurer Lord Shandois c. Upon which account the College deferred any further prosecution of him till Michaelmas Term at which time being examined he was found unfit for practice and afterwards interdicted and bound in a bond of 40 l. not to practise for the future Patrich Brownegold was cited before the President and Censors and charged for prescribing Physick which he stoutly denied but being proved by 2 or 3 witnesses present it was ordered that he should give a bond of 10 l. for his appearance the next month and in the mean time should desist from practice He appeared at the time prefixed and gave a bond of 40 l. that he would not practise for the future Mr. Rawlins Master of Arts in Oxford appeared upon summons before the College and confessed that he had practised Physick having cured a woman as he said of an immodicus mensium fluxus by attenuating remedies which flux proceeded according to his opinion from an imbecillity of the Muscles and infirmity of the Stomach He was bound in a bond of 40 l. to abstain from the practice of Physick Two months after he was examined by the President and Censors but giving no satisfaction in his answers he was advised to greater diligence in his Studies Near a twelvemonth after he was a second time charged for practising Physick which he denied but confessed that he had given a medicinal drink for stopping a Dysentery which he would not allow to be practising although he declared that he gave this drink because he found the Patient to have a weak and languid pulse from whence it plainly appeared that he had practised Physick and had forfeited his bond But because he behaved himself submissively and confessed his fault the Censors were kind to him and dismissed him without punishment onely interdicting him practice and admonishing him not to be guilty of the like fault for the future About 2 years after he was again summoned for practising Physick although he had taken his Doctours degree in Cambridge He desired that he might be examined in order to his admission which was done and he notwithstanding fined propter praxin praeteritam Joseph Smart a Surgeon was charged for practising Physick which he did not much deny but modestly defended the lawfulness of it He was punished 5 l. propter malam illicitam praxin if for the future he should be found guilty of practice within the College liberties Edmund Messenger a Surgeon was complained of to the President and Censors for his practising of Physick He was summoned and appeared confessed that he had given several purging potions to a Patient but this he had done in a case relating to Surgery He acknowledged that he had bled a man very weak and reduced to an extreme low condition with a loosness He owned likewise that he had given him several cooling and medicinal Potions He was interdicted practice and for this his illegal and ill practice committed to prison with a fine of 5 l. In the 39th John Carter Master of Arts of 20 years standing in Cambridge was fined propter praxin praeteritam 3 l. 6 s. 8 d. to be paid within a quarter of a year Being afterwards summoned to appear before the President and Censors and not coming It was ordered by the Censors that for this his contempt he should be imprisoned as soon as he could be found About 2 years after he appeared before the Censors and promised that he would forthwith leave the City and never return to practise in it any more He was ordered to give bond that for the future he would not practise Physick within London or 7 miles which he readily promised to doe In the 40th An. 1598. Katherine Clark was cited and appeared before the Censors she was accused of practising Physick and convicted by the testimony of others and likewise by her own confession She was enjoined to appear before the President and Censors at their next convention and to bring along with her her husband or any other honest man approved on by the College for her security that she should not practise hereafter Being afterwards charged by Mr. Bredwell for giving purging Physick to one Morgan c. she was fined 5 l. and committed to prison ob hoc suum factum illicitam praxin Cecilie Pople being accused by Mr. Wood Mr. Hynd and Mr. Cole Surgeons for using very ill and absurd practice upon one Dorothy Gatensby whose cure she had undertaken by fumigation the Patient dying within 12 days which ill practice she had likewise used upon 2 others She was obliged to bring her husband along with her the next Censors day that they might both enter into bond that for the future she should not practise Physick Richard Powel a Dyer appeared before the President and Censors and confessed that he had given purging Physick to a man and his wife wherefore he was fined 40 s. and committed to prison Thomas Watson a Surgeon being accused by a Patient that he had undertaken the cure of an Ulcer in his Throat for a sum of money Watson confessed that he had given him a purging potion for a week but pretended that it was done by the advice of Dr. Bredwell who testifying that he had given no such advice Watson was committed to prison and fined 40 S. propter malam illicitam praxin In the 42th Francis Anthony Master of Arts in Cambridge 26 years and afterwards Doctour of Physick in our own Universities appeared before the President and Censors confessed that he had practised Physick in London for 6 months and had cured 20 or more of divers diseases to whom he had given purging and vomiting Physick to others a diaphoretick medicine prepared from Gold and Mercury as the cases required But withall acknowledged that he had no Licence to practise He was examined in the several parts of Physick and found very weak and ignorant Wherefore he was interdicted practice About a month after he was committed to the Counter prison and fined 5 l. propter illicitam praxin in that he prescribed Physick against the Statutes and privileges of the College But within a fortnight or 3 weeks he was by
do no lesse in discharge of our duty then to inflict some condigne punishment upon him for the same But now understanding that your Lordship is well affected to the man and that it pleaseth you in some respects to use his necessary service and attendance upon your honorable person We for our parts shal be very glad and willing to see him to do any such good office as shall be pleasing to your Honor and answerable to your good Lordship's expectation But if under pretence and colour of that his service he shall further intrude himself to do any act in Physick to the abuse of her Majestie 's Subjects and infringing of our Privileges Then we beseech your good Lordship to pardon us if we persist to maintaine that which by her sacred Majestie and her Princely predecessors hath so long time beene most graciously graunted and by all her Majestie 's most honorable Lords of her Privy Council of which number your Lordship is one at this present and that you may so longe be to your Lordship's good liking and contentment we pray with all our harts hath hetherto from time to time been most honorably allowed and protected And so most earnestly praying for your Lordship 's perfect and speedy recovery we most humbly take our leave At our College the viiith of Marche 1602. Your Lordship 's most humble The President and Socyetie of the College of Physitions in London Edward Coker an Apothecary was accused by several persons of giving and prescribing Physick which he denied but being convicted by their testimony and matter of fact he was committed to prison and fined 20 l. After which he gave bond to the College that he would not practise for the future Yet afterwards he was accused by one Gregory Cary for an Impostor and illegal practiser he having agreed with him for a certain sum of money for the cure of his distemper and given him several Vomits and Purges to no purpose yet had sued him for his bargain Wherefore the Censors resolved forthwith to commit him to prison but upon his great importunity and submission they remitted that punishment upon condition that he paid a moderate fine to the College the next Court. About 9 months after he with several other Empiricks were cited to appear before the Censors but refusing to come the Beadle was commanded to give them all summons to appear at the next Censors Court upon the penalty of 20 l. Richard Briggs appeared upon summons and confessed that he had practised Physick in London 7 years and affirmed that he had cured several Patients sick of dangerous distempers and had wrote bills to several Apothecaries whom he named Wherefore he was forthwith sent to Woodstreet Compter but was within 3 days released because he ingenuously acknowledged his fault promised that for the future he would offend no more and engaged several friends to wait upon the Censors to implore their favour Mrs. Woodhouse a famous Empirick living at Kingsland appeared before the President and Censors She was examined of the virtues of Medicines and asked first her opinion of Pepper she said it was cold Violets and Strawberries cold and dry The purging Medicines she used to give were Diaprun and Hamech as likewise Stibium in infusion or substance to 25 grains She declared that she knew whether any woman was with child by her Urine and she was so certain in this that she seldom was deceived in four of an hundred She prescribed to a young man sick of a burning Fever half a spoonfull of Mithridate in 6 spoonfulls of Aq. Coelestis with which he swet 48 hours and had he not then taken some cooling waters to have tempered the violent heat he must have perished She likewise professed that she had cured several bewitched and Planet-struck She was ordered a fortnight after to appear upon the forfeiture of a bond of 20 l. which she had given for her appearance About five or 6 years after some members of the College were appointed to wait upon the Lord Treasurer to request his favour and leave for the prosecution of her she having procured a protection from his Lordship The Lord Treasurer returned this answer that the College had their free liberty to prosecute her as they saw reason and that not onely in this but in all other concerns he would express all the favour and kindness he could to their Society Iames Henley a Surgeon was complained of by the Wife of one Williams for that he had given her husband Pills of a yellowish colour with which he had many Vomits and Stools and was now in great danger of his life Henley confessed that he had agreed with her husband to cure him for 20 s. and that he had given him pills of Turbith which he had given to 500 Patients without any danger and that in this he had done no more than what was practised by all other Surgeons His cause being heard he was by the Censors committed to Newgate Iohn Actor a Surgeon was charged for practising Physick which he confessed and thought he lawfully might as a Surgeon upon which account he had prescribed purging Physick and other remedies to Patients and brought along with him one to attest several cures performed by him He was fined 5 Marks and committed to Prison Being afterwards convicted ob illicitam imperitam praxin he was again fined and imprisoned And some years after being complained of upon the same account he was brought from Windsor by a Warrant under the hand of Secretary Windebank directed to Iohn Penyal the College Officer In the last year of Q. Elizabeth's Reign Iohn Baldwin being formerly interdicted practice was now again charged with the same of which he was convicted by the testimony of others as well as his own confession Wherefore he was fined 6 l. and committed to Prison Edmund Gardiner in the same year of the Queen was committed to Prison for practising Physick Whilst he was there Letters were sent to the College in his behalf from one of the Queen's Court upon which account it was agreed by the Censors that he should be restored to his liberty upon the payment of 5 Marks to the College In the 6th year of King Iames his Reign Gardiner's wife appeared before the President and Censors and paid to the College 6 l. 13 s. 4 d. and brought along with her two Sureties who gave bond with her husband for the yearly payment of 3 l. untill the full sum of 30 l. was paid which was recovered of him by a Suit at Law and duly paid at the times prefixed to the Treasurer of the College PROCEEDINGS Against Empiricks c. In King James 's Reign ANne Dickson appeared before the President and Censors being charged by Mr. Goldstone and 2 or 3 more for practising Physick with which she had killed a Gentleman of his acquaintance having given him a Medicine which had wrought so violently by Vomit and Stool that he died in the operation She
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
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
Statutes Chirurgeons and Apothecaries are sought unto and Physicians seldome but in a desperate case are consulted with when the Patient is ready to dye and in this kind we have too many examples The consideration of these mischiefs redounding to the Church Commonwealth University and our Profession hath often troubled me when I had no power to prevent them But now seeing it hath pleased God and the King to conferre such power upon me that without me neither Licence nor Degree in Physick can be obtained at Cambridge for I have solicited Dr. Nichols and Dr. Allet to joyne with me and I have prevailed soe farre with them that they will doe nothing without me I doe intend by the grace of God to give way unto noe man to obtain a Licence or Degree without keeping an Act at the least c. unlesse it shall happen that with some one particular man it shall be dispensed withall by supreme Authority or in some extraordinary case But all this will be to little purpose unlesse your selfe and the College will solicite Dr. Clayton his Majestie 's Professor of Oxford and others of the faculty there to doe the like or rather Petition to my Lord's Grace of Canterbury who out of his innate goodnesse and clemency and zeale for the good of the Church and Commonwealth and the honour of the Universities I am fully perswaded will grant what you desire against Apothecaryes and Chirurgions and all others which without Licence or authority do practise Physick I could wish there were some course taken I know there be already good Lawes if they were put in execution Thus much in haste as you may perceive by my writing I thought good to signify unto you out of the gratefull respect which I beare unto your selfe and the whole College tendring the honour of our common Profession which I will maintain as much as in me lyes and vindicate from the invasions of Usurpers and Intruders I have exceeded I feare the bounds of a Letter but that you will pardon I hope considering the occasion And soe with a gratefull acknowledgment of your love and favour towards me and an ingenuous profession of much service I owe unto you I take my leave as one that will be ready upon the least signification to embrace your commands and execute them with all alacrity Yours in all dutifull respects Ralphe Winterton From the King's College in Cambridge Aug. 25. 1635. Mary Butler was complained of for giving Physick she undertook the cure of the dead Palsie on a Woman of whom she had 10 li. and also a promise of 10 li. more when the Cure was performed for which she sued the party After this she was complained of by one Mrs. Ellison for taking upon her to give Physick and in particular for undertaking to cure her the said Ellison to whom she gave C s. in hand with promise of as much more when she performed the Cure but this was so far from being obtained that she was never well since she took her medicines Mary Butler denied not that she gave her Physick but professed that she learnt her skill of a Jew and first avowed that she was authorised to practise Physick by Mr. Endymion Porter and Serjeant Clowes and when she understood that they could not license her so to practise she stick'd not to affirm that she had authority from the King and for the evidence and proof thereof shewed a Writ under Seal out of the Courts at Westminster for attaching one that had not paid her for a Cure she pretended to have done which Seal she made her Neighbours believe was a Licence for her practising of Physick She confessed she gave Physick to Mr. Richard Shipwright from Christmas till this present and so continues still She hath given him inward medicines and likewise cupped and scarified him she caused him to be let bloud in the forehead and under the tongue and in the foot and so she directed Mr. Whittel the Surgeon now dwelling in Croched Fryars For which her pains and physick she hath had already C. s. and is to have a C. s. more when he is well The Censors thought fit to send her to Newgate for these misdemeanours and fined her xv li. Iohn Hogsflesh Surgeon was accused by several for giving Physick having no skill nor authority so to doe Others complained of his giving purging Physick and Mercurial Unctions particularly one Anne Harvey made complaint for giving her husband physick for the Pox who died of that physick with his mouth full of Ulcers He had considerable sums of money from many And was charged for giving to one Iohn Gladwin 3 pills every other day for twice whereupon he vomited so vehemently that his sight and hearing failed him for a time This was proved by his own Letters as well as by Gladwin and his Wife and a third person The Censors condemned him to prison and fined him 10 li. In the 12th year of the King's Reign an Order was sent to the College from the Star-Chamber to examine the pretended Cures of one Leverett who said that he was a seventh Son and undertook the curing of several Diseases by stroaking A full and particular account of this whole affair is the following At the Star-Chamber the 20th of October 1637. Present Lord Archbishop of Cant. Lord Keeper Lord Treasurer Lord Privy Seal Earl of Dorsett Lord Cottington Lord Newburghe Mr. Treasurer Mr. Comptroller Mr. Secr. Coke Mr. Secr. Windebank WHereas upon the complaint of Mr. Serjeant Clowes against one Leverett a Gardiner for practising and taking upon him to cure the King 's Evill and all other Diseases the said Leverett was this day convented before the Board and heard in whatsoever he could alledge for himself Their Lordships conceiving his pretended Cures to be Impostures did then order that the President and some of the principal Members of the College of Physicians should be hereby authorised and required forthwith to call the said Leverett before them and to examine his said pretended Cures as well upon such information and proofes as shall be given them by Mr. Serjeant Clowes as by any other wayes and meanes which they shall think fit for discovery of the truth And likewise to cause him to make experiment of his said Cures in their presence and thereupon to make Certificate to this Board of what they shall find appeare before them and of their opinions concerning the same and in the meane time the said Leverett is to continue in the Messenger's Custody Ex. Edw. Nicholas 3 o Novembris 1637. Present Dr. Fox President Dr. Argent Dr. Harvey Dr. Caddiman Dr. Smith Dr. Winston Dr. Hodson Dr. Meverell Dr. Spicer Censors This day there was brought by Mr. Harvey Counsellour of Gray's Inn an Order from the Lords dated the 20th of October last concerning the practice of one Leverett who there appeared at the same time together with divers Men Women and Children that he said he had cured and pray'd the
College to examine them The College answered that it was not in their order to look back but to go forward and therefore wished the Patients for that time that they would forbear and leave the said Leverett according to the Lords direction to the College which they did the College then promising that they would take a time to examine them likewise Mr. President at the same time presented several Articles of Mr. Serjeant Clowes against this Leverett of all which he was examined and first he was demanded whether he was committed to the custody of a Messenger he answered he came of his own accord He saith that he is 60 years of age that he is the 7th Son of 8 his Father had and the 9th which was last was a Daughter named Anne but he did not challenge any virtue by being the 7th Son He saith likewise that about 3 years since and a half he did his first Cure upon his own Wife who had been full of pain 3 quarters of a year from her Wrist to her Elbow In all which time although he did live with her yet he never touched her Arme till at last upon her entreaty she desired him to take off the splints and rowlers and look on it which he did that being bound up by a Surgeon he felt it and sought for Kernels but found none His Wife found present ease and therefore desired him to hold her by the Wrist which he refused but she earnestly desiring it saying she felt ease he did it and the next day she was perfectly cured of her pain and was weeding in his Garden Some 6 months after a Maid dwelling in Thames Street was his second Patient who desired to be touched by him for a pain in her Elbow which he did and she was cured The third was a Woman in Turn-ball Street who coming to him and craving his help for a pain in her Arme he answered she was a foolish Woman but she said God had given him the gift of healing So by her importunity she prevailed that he touched her and she was very well their names he knoweth not In the touching of these he did not use any words nor till he had cured above a dozen but since he hath used these words God give a blessing I touch God heals He saith that upon touching some 30 or 40 in a day he finds himself weakened by the Virtue which goes out of him more than when he was a Gardiner by digging up 8 roods of ground so that he is brought to that weakness by touching that he is forced to go to his bed to recover his strength which in his daily labour he was not wont to do He saith he is not always disposed to touch especially if his hands be cold He saith he hath cured 300 at the least he takes money for his Cures but not by contract if he should not take money he might starve having forsaken his Trade by the calling of God He denies Virtue to be either in his Gloves or Linen or any thing that toucheth his naked body although that was then objected against him He saith that whilst he dwelt at Ratcliff he was assaulted in the High-way one evening by some Surgeons or Physicians and his Thumb was wrung and strained but by his own touching he cured it and that he stood in fear of his life from some Physicians and Surgeons but of whom he knoweth not He cures the King 's Evil Dropsies Fevers Agues all Diseases and Sores in any part of the body but he promiseth not any Cure to any as he is a Sinner but God cures and he doth his duty He saith that he toucheth none above twice or thrice and that the first time they find ease and good effect of his touching He was commanded by the College to attend the Tuesday following which was 8 o Novembris and was promised to have divers provided by the College for him to touch He seemed to be very joyfull at it and insisted that they might be of the King 's Evil for that he had cured those that the King had touched and also some of them under the Surgeons hands which could not be cured by them 8 o Novembris 1637. Present Dr. Fox President Sir Simon Baskervile Dr. Ridgley Dr. Smith Dr. Argent The 4 Censors Dr. Clark This day he retracts that any Virtue goes out of him but saith he is grown weak by touching which is as much in effect He saith he must touch 4 or 5 times before they be cured He professeth himself at this time to be in good disposition to touch Whereupon one Richard George aged about 23 years and who had complained about 2 years of a tumour in his right knee was presented to him to be touched When he saw his knee he seemed to be discontented and asked if it were not out of joynt he was answered that it was not He lamented that the College did not according to promise present to him those that were troubled with the Evil yet in fine he touched this George He began with these words I do not promise any Cure God Cures God give a blessing I do but my duty Then bowing down and laying both his hands a little above the knee stroaking it down he said to the Patient You must pray to God to give a blessing to my hands that they may take effect And so he touched and said very softly God bless I touch God heals These words he repeated twice or thrice still stroaking downwards and then spake to the Patient with some iterated vehemency to pray to God to give a blessing to his hands In putting on the Linen to his knee the Patient touched his own knee with his fingers whereat he grew into Choler and said that he had spoiled all for neither he nor any body else must touch it nor any Oils nor Ointments nor Plasters must come upon it and so he touched it twice as before and repeated the words 6 times again Then he wiped his hand about the cloth on both sides and so pinned the Linen about his knee himself and commanded him not to touch it again till himself should see it And likewise that the Patient should pray to God for a blessing upon his hand that his hand might take effect And further commanded the Patient to drink no small beer but strong nor wash his hands or face in cold water but warmed The second Patient was Elizabeth Appleton aged about years she was all swell'd in the Neck and under the Ears which is the King 's Evil. To which Patient he said as he did to Rich. George the first Patient onely he seemed to cross her Cheek and Neck where the knots and tumours were 10 o Novembris 1637. Present Dr. Fox Dr. Gifford 4 Censors Dr. Ridgley This day Leverett appeared who professed that he was indisposed to touch He touched Rich. George and Eliz. Appleton the second time Also Iudith True who had a running sore
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