remove presentments upon which process may be awarded in this Court The Reason why 't is not sufficient to plead the Tenor of Letters Patents or to shew or produce to the Court the Tenor of Letters Patents as in Pages case is resolved is because the Letters Patents are the private conveyance of a particular person and therefore he must plead and shew forth and produce to the Court the Letters Patents themselves and the Tenor thereof was not sufficient at the Common Law But upon nul tiel Record pleaded a Certificate of the Tenor onely and not of the Record it self hath always béen held a sufficient proof of that issue and the Tenor certified is to be filed in this Court and to remain here always to this purpose onely viz. as a proof of this issue but the Record it self remains where it was before to be made use of for any purposes that may happen hereafter The rest of the Iudges were of the same opinion and so Iudgment was given for the Plaintiff De Termino Sanctae Trinitatis Anno 28 Car. secundi 1676. Banco Regis The King and the President and College of Physicians Plaintiffs against Marchamont Needham Defendant THe President and the College qui tam c. brought an action of debt upon the Statute of 14 H. 8. cap. 5. for so much money against the Defendant for practising Physick for so many months without licence of the College whereby he was to forfeit 5 li. per month one moiety thereof to the King and the other moiety to the President and College The Defendant pleaded as to part of the money in the Declaration mentioned nul tiel Record as the said Act of Parliament and as to the Residue of the money the Defendant pleaded nil debet The Plaintiffs demurred to the Barr. The cause of the demurrer was for that the Defendant's plea was double viz. it contained two matters one whereof alone would go in answer to the whole money in the Declaration mentioned and would of it self be a good and full Barr to the Plaintiffs Action in case the said matter be true as the Defendant alledgeth and that is the matter of nul tiel Record and therefore the pleading of nul tiel Record to part onely and the pleading of other matter viz. nil debet to the residue makes the Defendant's plea in Barr to be vicious and to be an ill plea in Law The Councel for the Defendant did then object that the Plaintiffs Declaration is naught 't is an action of debt brought by the President and College qui tam c. upon the Statute and an action of debt doth not lie the Plaintiffs should have brought an information upon the Statute and not an Action of debt upon the Statute for the Statute doth not give an action of debt and therefore an action of debt doth not lie Twisden Iustice answered that an action of debt doth lie by equity and construction of the Statute Jones Iustice said that in the Statute of Tithes in 3 Ed. 6. no action of debt is mentioned and yet an action of debt lies upon that Statute and so here Thereupon Rule was given by the Court that Iudgment should be entred for the Plaintiffs In Mich. Term. Anno Car. secundi xxvi THe College brought their Action against John Bourne to which he pleaded nil debet and upon tryal of the Cause at Guild-Hall before Iudge Twisden the Plaintiffs recovered 40 li. Trin. xxxv Car. secundi THe President and College c. brought an Action of Debt upon the Statute of the 14 of H. 8. against Frederick Harder for practising Physick and thereupon had a Verdict against him at Westm for 25 li. which he paid and the Costs that were taxed The same Term they had a Verdict against Nathaniel Merry for 40 li. and against Richard Stone for 45 li. College Questions resolved by the Lord Chancellor and Judges in the fifth of King James his Reign An. Dom. 1607. THe King 's most Excellent Majesty having directed his Letters to the Right honourable Thomas Lord Ellesmere Lord Chancellor of England and to Sir John Popham Knight Lord Chief Iustice of England and one of his Highness's most honourable Privy Council They the said Lord Chancellor and Lord Chief Iustice by virtue of the same Letters called unto them Sr. Thomas Fleminge Knight then Lord Chief Baron of his Majestie 's Court of Exchequer Sir Thomas Walmesley and Sr. Peter Warburton Knights two of his Majestie 's Iustices of the Court of Common Pleas and Sir David Williams and Sir Laurence Tanfield Knights two of his Majesties Iustices of the King's Bench and after due consideration had both of the Charter of King H. 8. made unto the said President and College of Physicians in the tenth year of his Raign and several Acts of Parliament thereof made one in the 14 year of the same King and the other in the first year of Q. Mary for the ordering and governing of the said College and of all the Practisers in London and 7 Miles compass did on the first of May 1607. at the house of the said Lord Chancellor called York house resolve the several questions hereafter mentioned as is expressed under every Question Tho. Harries These Questions were resolved as is expressed under every question by the right honorable the Lord Chancellor of England Lord Chief Iustice of England the Lord Chief Baron of the Exchequer Iustice Walmesley Iustice Warburton Iustice Williams and Iustice Tanfield being assembled by the King's Majestie 's appointment to examine view and consider of the Charters Statutes and Laws made for the government of the College of Physicians in London and the Practisers of Physick there the first day of May 1607. at the house of the Lord Chancellor Quest 1. Whether Graduates of Oxford and Cambridge may practise in London or 7 miles compass of the same without licence under the said College Seal by virtue of the clause in the end of the Statute of 14 H. 8. and whether that clause hath not relation to the Statute of 3 H. 8. onely or how far it doth extend Resp All resolved that no Graduate that is not admitted and licensed by the President and College of Physicians under their Common Seal could practise in London or within 7 miles compass of the same Quest 2. Whether by Graduates Graduates in Physick onely are to be understood Resp They resolved That the exception in the Statute of 14 H. 8. cap. of Graduates in the two Vniversities is to be understood onely of Graduates of Physick and of no others And all resolved That by that exception those Graduates may practise in all other places of England out of London and 7 miles of the same without examination But not in London nor within the said Circuit of 7 miles Quest 3. If Graduates not admitted to practise in London practise there whether for evil practice or misdemeanour therein they be not subject to the Correction and government
of the College and then President which office he continued for 6 years and died President He was Physician for many years to the 2 famous Hospitals of Christ-church and St. Bartholomew's and in the time of his Sacred Majesty's late sickness at Windsor was sent for by an Order of Council where he behaved himself with that gravity prudence and judgment in his profession that the King as a signal mark of his Royal favour Knighted him and was as I am informed much concerned at his death He was a man of great eminency and reputation in his profession especially amongst the Nobility and persons of the best Quality in Court and City His Piety towards God and Charity to the poor was very exemplary and therefore no wonder that his death was so universally lamented I had the honour and happiness to be so intimately acquainted with him that I cannot give him a less character than what the learned Dr. Caius hath given of Dr. Butte Vir gravis eximiâ literarum cognitione singulari judicio summâ experientiâ prudenti consilio Doctor He died of an Inflammation and Gangrene in his bladder in the 70th year of his age was buried in the Parish Church of St. Botolph's Aldersgate at whose Funeral attended Sir George Ent the Praeses natus of the College with the rest of the Members in their Formalities The following inscription is entred upon a Marble in that Church to the memory of this grave wise and learned man M. S. Heic juxtà Spe plena resurgendi situm est Depositum mortale Joannis Micklethwaite Militis Serenissimo Carolo Secundo à Medicina Qui cum primis solertissimus fidissimus felicissimus In Collegio Medicorum Londinensium Lustrum integrum quod excurrit Praesidis provinciam dignissimè ornavit Et tandem emenso aetatis tranquillae stadio Pietate sincerâ Inconcussâ vitae integritate Benignâ morum suavitate Sparsâ passim Philanthropiâ Spectabilis Miserorum Asylum Maritus optimus Parens indulgens Suorum luctus Bonorum omnium Amor Deliciae Septuagenarius senex Coelo maturus Fato non invitus cessit iv Kal. Augusti Anno Salutis MDCLXXXII Caetera loquantur Languentium deploranda suspiria Viduarum ac Orphanorum Propter amotum Patronum profundi gemitus Pauperúmque Nudorum jam atque esurientium Importuna viscera Monumenta hoc marmore longè perenniora Moerens posuit pientissima Conjux Dr. Thomas Wharton was bred in Pembroke Hall in Cambridge took his Degree of Doctor in Physick in the Vniversity of Oxford was admitted Candidate of the College An. Dom. 1647. and Fellow 1650. After which he was chosen Censor 5 or 6 years and in the year 1656. published an excellent book which he called Adenographia sive Glandularum totius corporis descriptio which he dedicated to the College of Physicians and in particular to Dr. Hamey Glisson Bathurst and Sir George Ent. In which he hath given a more accurate description of the Glands of the whole body than was formerly done and whereas Authours had ascribed to them very mean uses as supporting the divisions of Vessels or imbibing the superfluous humidities of the body c. He assigned them more noble and considerable uses as the preparation and depuration of the Succus nutritius with several other uses belonging to different Glands as well for conservation of the individual as propagation of the Species Amongst other things we ought particularly to take notice of his being the first who discovered the Ductus in the Glandulae Maxillares by which the Saliva is conveyed into the mouth He hath given also an admirable account of morbid Glands and their differences and particularly of Strumae and Scrophulae how new Glands are often generated as likewise of the several diseases of the Glands of the Mesentery Pancreas c. which opinions of his he often illustrates by Anatomical observations He was a man of eminent esteem and practice in the City where he raised a considerable estate and died much lamented by his own faculty as well as others The Right honourable Henry Lord Marquess of Dorchester Earl of Kingston upon Hull and Viscount Newark c. was born at Mansfield in the County of Nottingham Ann. Dom. 1606. and created Marquess of Dorchester by K. Charles I. at Oxford An. 1645. His Father was Robert Pierrepont of Holme Pierrepont Esquire the ancient seat of this most ancient family who was created Viscount Newark and Earl of Kingston by his late Majesty Anno 1633. His Mother was Gertrude Talbot of the noble house of Shrewsbury and had she been male had born her self that title From his youth he was very much addicted to books he spent some time in Emanuel College in Cambridge and for many years seldom studied less than 10 or 12 hours every day insomuch that he had early passed through all manner of Learning both Divine and Humane as the Fathers Schoolmen Casuists the Civil and Canon Law and was reasonably well versed in the Common Law So that he did no small honour to that profession in being admitted a Bencher of Gray's-Inn where he performed his exercise of reading in the Hall before his admission and then treated the Benchers Baristers and Students of that Inns of Court with a noble and sumptuous dinner In the year 1649. He found himself of an ill habit of Body caused as he conceived by a long sedentary course of life and trouble of mind for the barbarous and inhumane murther of his Sovereign and the deplorable condition the Nation was in He was recovered from this Chronical distemper by the advice of the learned Dr. Harvey Sir Francis Prujean Sir Charles Scarburgh and others who in a short time brought him again to a good state of health After which that he might be as carefull to preserve it as he had been to obtain it he at the age of about 43 applied himself to the study of Physick And though he fell to this study late yet no man ever began upon a better foundation nor pursued it with greater application he having then gone through the whole body of Philosophy Mathematicks and all other Learning After he had for some years diligently applied himself to the study of Physick and Anatomy His Lordship An. Dom. 1654. presented the College of Physicians with 100 l. to be laid out in books which I find thus entred in our College Annals Henricus Marchio Dorcestrensis cujus insignis peritia indefessa studia in utroque Juretam Municipali quà m Civili in Mathematicis in Medicina ad ipsam spectantibus Chymicis Anatomicisque artibus cum illustribus titulis de Victoria certant centum libris in libros emendos erogandis Museum Harveanum primus magnificéque cohonestavit An. Dom. 1658. He was admitted Fellow of the College a short account of which being entred by the learned Sir George Ent then Register thereof I have here transcribed in his own words Die Julii 22 An. Dom. 1658.
limited by the said Statutes concerning the same and that none whosoever are to meddle therein without our express consent and allowance And for that we are bound by Oth and otherwise charged in dutie and conscience to see the said Statutes duely from point to point observed so much as shall lie in our power so to do and for that intent and purpose have ordained among our selves certaine solemne meetings and assemblies which are in the yeare 16 times at the least only for the sufficient inquirie of the Premises These be to signifie unto you That as we oftentimes find manie offendors in that behalf by intruding themselves into our liberties and that to the great daunger of her Majestie 's Subjects and manifest infringing of her Lawes So among that number so offending it falleth out that no few of your Company are culpable in the same whom we for the most part have hetherto forborne ether to punish or molest and that only for the good will that we have always born to you and your Societie But for that we now see by daily experience that upon our lenitie and sufferance this inconvenience more and more increaseth insomuch that both in credit and otherwise it seemeth to touch us more neere then well can be indured We have therefore thought it good to put you in mynd thereof and therewithall earnestly and freendlie to request you that among your selves some such discreet Order may be taken heerin that the like offence heerafter maie not be committed by them or any of theirs Wherein if we shall perceave you as ready to fulfill our honest request as we are willing to maintain good amytie and concord with you and your Companie we wil be very glad thereof and geve you thanks therfore If not then as we are fully minded to defend our privileges and to deale with the particular Offendors therein as order of Law and our Ordinances in that behalf requireth So we trust the body of your Societie will not be offended therewith And so we bid you most hartelie farewell this 12 of November 1595. In the 38th 1596. Roger Ienkins and Simon Read were both charged for illegal practice The first being a Surgeon by profession denied his being guilty thereof which notwithstanding was proved by his giving judgment upon Urines undertaking cures c. Wherefore he was enjoyned to pay a fine to the College give bond not to practise and interdicted that profession He submitted to the censure of the College and promised to give bond of 40 l. that he would not practise in Physick But that being afterwards proved against him the Censors committed him to prison with Read and others by the authority of the College signed with their Common Seal As for Read he being examined by the Censors in Latin according to the Custome of the College refused to answer in that language being then permitted to answer in English he likewise refused it Being then allowed to answer in writing what account he could give of any disease which he would make choice of he chose a Diarrhoea and being examined what that was he told them it was a flux of the Womb proceeding from gross humours in the Stomach He was judged illiterate and altogether unskilfull in Physick At the same time he was complained of by one Cuckston for undertaking the cure of his wife labouring under Melancholy whom he had bled purged and hanged a paper charm about her neck The Censors fined him 5 l. and committed him to Prison About a month or 5 weeks after Read procures a Letter to the College from a person of Honour in his behalf upon whose account the College agreed to deal favourably with him upon the following conditions 1. That he should release a poor man out of Prison which he laid in Gaol under the knavish pretence of a debt of 〈◊〉 when in truth he owed him nothing the whole profâ—…n being vexatious 2. That he should release another poor man from Prison and further prosecution and restore him 40 â— unjustly taken from him under the pretence of curing his wife 3. That he should be obliged to the College with good Sureties in a bond that he would not practise Physick in London nor within 7 miles of the same Which conditions being performed the Censors order'd his release from Prison and forgave him his fine After this he was summoned a second time before the Censors and charged for illegal practice he confessed it and declared that he could live by no other employment wherefore he was again committed to prison and fined 20 l. propter illicitam suam praxin About 2 months after Ienkins and Read procured a Habeas Corpus from Sir Iohn Popham Lord Chief Justice of England for their appearance before him the full account of which is thus entred in our Register April 8. 1602. There was an assembly of the President Censors and Fellows of the College convened in order to hear and consider what Ienkins and Read whom they had lately committed to prison could say for themselves why they should be discharged they having falsely made complaints of the severity and injustice of the College by which means they had procured a Writ called Corpus cum causa from Sir Iohn Popham Lord Chief Justice of England in order to a full hearing of this cause before him Wherefore the College deputed the Censors to wait upon the Chief Justice to acquaint him with the truth and Justice of their proceedings and to expect his Lordships judgment therein Accordingly they met Ienkins and Read at the Chief Justice's house highly complaining of the wrong done them by the President and Censors of the College by whose authority they were committed to prison for illegal practice and continued there for some weeks One Mr. Harris a Counsellour at Law appeared in behalf of Ienkins and Read The Chief Justice having diligently read over the Statutes of the Kingdom relating to Physick demanded of Ienkins how he durst practise that Art without a Licence from the College Upon which he first denied practice then answered ambiguously and with hesitation At length fearing lest the Chief Justice should give him his Oath he confessed that he had sometimes practised but as he thought not illegally What saith the Judge did you ever procure the College Seal to justify your practice No saith Ienkins but I practised as a Surgeon and in that art the use of inward Remedies is often necessary To which the Chief Justice answered That in such cases a Physician was to be called it being upon no such account lawfull for the Surgeon to invade the Physician 's Province The Counsel for these Empiricks objected that the President and Censors had no authority to commit to Prison but onely to leave their causes to be determined by other Judges The Chief Justice reproved their Counsel and declared that the Authority of the College in committing to prison was very legal and valid Ienkins then complained very much quod
ob raram praxin and that by the prescription of others he should have so severe a fine inflicted upon which the College Register was searched and there it appeared that before this Fine he had been 6 times accused for practice and several times had been fined in small mulcts Upon which account the Chief Justice declared that he thought it most reasonable that after he had been treated with so great clemency and yet render'd himself incorrigible he should have a severe Fine inflicted upon him And by reason that Physicians bills were often pleaded to justifie illegal practice he thought it most advisable that all Physicians for the future should write upon all their bills their Patients names and day of the month and year by which means the Cheats of Empiricks and other Impostors might more easily be detected Thus the Chief Justice having heard this cause and well approved of the censure of the College ordered that Ienkins should be forthwith returned back to Prison untill he had given satisfaction to the President and Censors Some friends of Ienkins moving that he might give security for his appearance and not be reimprisoned the Chief Justice answered that it was not in his power to grant their request for the Laws of the Kingdom had determined that as a Privilege belonging to the President and Censors It was then objected that by the Law no Citizen of London could be imprisoned per forinsecum aliquem The Chief Justice reading the words of the Statute and observing that they would bear no such sense replied that by such interpretations they might likewise infringe his authority As to Read he complained that the College had fined him more than the Statute would allow upon which complaint the Chief Justice diligently looked over the words of the Statute and declared that the College might inflict what penalty they pleased but the Keeper of the Prison was not obliged to detain his prisoner if they exceeded the fine of 20 l. He then justified his practice by a Statute made in the 34 35 H. 8. C. 8. By which it was lawfull for any person having the knowledge of herbs c. to practise at least in some diseases to which the Chief Justice answered that this he ought not to do because he was not admitted by the College In short the sum of the Chief Justice's opinion in hearing and deciding this cause was the following 1. There is no sufficient Licence without the College Seal 2. No Surgeon as a Surgeon may practise Physick no not for any disease though it be the great Pox. 3. That the authority of the College is strong and sufficient to commit to prison 4. That the censure of the College rising from lesser mulcts to greater was equal and reasonable 5. That it were fit to set to Physicians bills the day of the month and the Patient's name 6. That the Lord Chief Iustice cannot baile or deliver the College prisoner but is obliged by Law to deliver him up to the College censure 7. That a Freeman of London may lawfully be imprisoned by the College 8. That no man though never so learned a Physician or Doctour may practise in London or within seven miles without the College Licence Upon this the President and College presented the following Letter to the Lord Chief Justice To the Right Honorable Sir John Popham Knight Lord Chief Justice of England and one of her Majestie 's most honorable Privy Councill RIght honorable Albeit we acknowledge our selves to be most infinitely bound already to your good Lordship for many your most honorable favours extended to us and our Society heretofore for the which we render your Lordship most humble thanks Yet such is your Lordship's great care and continual good inclination to the maintenance of learning good orders and vertue That not onely we and our Societie that now is are now again more deeply obliged to your honor but also all our posterity in time to come shall have just cause to pray for your Lordship 's long lief and prosperity whose unspottable Integrytie hath been so well knowen to all England these many yeares and many moe shal be as we hope to the great good of our Countrie and to your Lordship's everlasting prayse and Memory and whose tender particuler favours have been so honorably and so willingly perfourmed to us of late in defence of our privileges against one Ienkins and Reade two ignorant intruders into the profession of Physick and two daungerous infringers and abusers of her Majestie 's Laws and Leege people as while the memory of the Society and College of Physitions of London shall remaine so long shall your Lordship's honorable most worthy name be celebrated and recorded among all such as ether love or professe the title of Learning And heere for our parts we protest we are right sorrie that our weaknesse is such as we are not any otherwise able moore then only by bare wordes and speeches to make manifest our inward affections and dutifull good meaning to your honor But yet all that lyttle whatever it is that lieth in our poore powre to perfourme we heere offer and present unto your Lordship with most humble devoted mynds to do your good Lordship any service that we can And so desiring to rest in your honor 's good conceyt and opinion we most humbly take our leave and praie for your Lordship 's long lief and prosperytie This 10th of Aprill 1602. Your Lordship 's most humble The President and Society of the College of Physitions in London After this upon the submission of Ienkins and request of the Chief Justice a third part of the fine of 20 l. imposed upon Ienkins by the Censors was remitted and he discharged from Prison Read likewise by the interest of the Bishop of London procured his discharge About 2 years and 4 months after Ienkins was again charged for practising of Physick which he denied but several instances of it being given he confessed that to some few Patients of Fevers c. he had prescribed purging physick c. Being then charged with selling of one sort of drink to all that came for it he confessed that he had sold such a Medicine but for the future would never do it and if in this manner or any other hereafter he should act contrary to the privileges of the College he would readily submit to the severest punishment Upon this modest confession of his and promise of not offending for the future but more especially out of respect to the Lord Chancellour in whose service he was the Censors inflicted no punishment upon him but onely interdicted him practice and then order was given by the College that 2 of their Members should wait upon the Chancellour to acquaint him how ill Ienkins had behaved himself towards the College and how candidly they had dealt with him upon his Honour's account This was taken very kindly by the Lord Chancellour who returned the College thanks for their
shall appoint in the doing of all such things as by the said Acts of Parliament or Charter ought to be done for suppressing of all and every such person or persons as contrary to the Laws of our Realme or Charter or Acts of Parliament aforesaid shall dare to adventure in the practice of Physick upon any our subjects in the City of London the Suburbes and precincts of the same or within seven miles thereof And to the intent that this our purpose tending to the safety of our subjects and the suppression of irregular practitioners may with more diligence and authority be effected We do will and command you the Lord Mayor of the City of London that at your next Sessions these our Letters may be so read and published that all Iustices of peace as well within our said City as also the Suburbes and precincts of the same may take knowledge of this our pleasure and command Mrs. Bryers and old woman was convicted of mala praxis fined 5 l. and ordered to be imprisoned After this having given security that she would not practise for the future yet prescribing Unctions Sudorificks Ointments Plasters Potions c. to several persons Her bond was put in suit against her Security and a new mulct laid upon her Nicholas Rowland a Surgeon being accused for practising Physick and that proved against him by witness was fined 10 l. de praxi pessima and order given for his imprisonment Mr. Holland an Apothecary was charged for practising Physick upon several persons which being proved he was fined 5 l. and ordered to be forthwith imprisoned without present satisfaction given to the College But he continuing contumacious all the members of the College were prohibited writing of Bills to his shop or making use thereof untill he had cleared himself de non exercenda medicina After this he appeared before the President and Censors and declared his readiness to acknowledge the College authority but giving no other testimony thereof but onely desiring his fine might be remitted he was heard no further but dismissed A few months after He attended the President and Censors a second time and being asked whether he would pay his fine and acknowledge his offence He then begg'd the Colleges pardon paid his fine and promised that for the future he would behave himself respectfully to them upon which account his censure was remitted and he received into favour But being afterwards complained of by Dr. Wineston that he did support Mr. Buggs who stood in opposition to the College he denied any combination with him yet confessed that he had made Physick for Mr. Bland and other illegal practisers which was likewise plainly proved by his file of Bills that were sent for After some time the President sent the 4 Censors to visit his shop where besides divers bills found upon the file written by Empiricks and ignorant Mountebanks of which they brought some away they also found false compositions of Medicines not made according to the rule of the London Dispensatory which he was bound to observe Wherefore the Censors ordered that those medicines should be forthwith destroyed which was accordingly done Dr. Eyre was cited before the College for practising physick in London without Licence Upon his appearance he gave no satisfaction to the President and Censors wherefore they order'd his prosecution at Law and had a Verdict against him de praxi illegitima upon which he applyed himself to the College begged their friendship and promised submission Then he was examined by the President and Censors but not giving satisfaction of his ability for practice He was rejected and about 2 years after summoned to give an account by what authority he practised Physick in London He replied that he practised in the Countrey not in the City but thought he might as being born here But practice being proved against him the Censors told him that they would sue him de praxi illegitima pro ann But he paying 20 l. de praxi praeterita to the Treasurer of the College the Censors let fall their suit But he being after guilty of ill practice which was proved against him the Censors unanimously fined him 10 l. and order'd his imprisonment which latter was dispensed with upon condition that he would at the next publick Comitia own his obligations to the President Censors and College for this their favour which he readily promised and performed both in person and writing paying likewise the fine imposed upon him After this he was examined in order to his admission into the College which examination having passed He was required to take great care and caution in his practice and in difficult cases to call to his assistance some of his Colleagues Dr. Burgess having been in Orders and now practising Physick in London was summoned before the President and Censors to give an account by what authority he practised in this City contrary to the Statute-Law of this Kingdom He ingenuously consessed Not by any authority but by the indulgence of the College and told them he had formerly offered himself to examination though he had not yet been examined The President replied that by a Statute of the College which was read by the Register they could not examine admit or permit any to the practice of Physick who had been in Holy Orders Besides if the Statutes of the College would allow it He told him that an admission to a person that had been so qualified was repugnant to the Statute Laws of the Kingdom and Canons Ecclesiastical He replied with great temper and candour that he would not contradict either the one or the other but lay down practice in London After this he was convened a second time before the President and Censors and interdicted the practice of Physick within the College Liberties to which he submitted and promised that he would speedily betake himself to the Country Some of the Fellows of the College were complained of for consulting with him About the 10th year of this King's Reign the following Letter was sent to the College of Physicians upon the death of the Countess of Rutland by the Right Honourable the Lord Viscount Lisle to summon before them one Mr. Talbot a Fellow of Merton College in Oxford to enquire into the Medicines prescribed by him in this noble Ladies Case that so they might find whether either by presumption or unskilfulness her Honour's end was procured or hastned the Contents of which Letter are the following To the Right Worshipfull the President and College of Physicians in London AFter my very heartie commendations I have thought it fit to give you knowledge that on Friday last being the 31th of Julie the Countesse of Rutland my worthy and deare Niece did depart this life Among other that did minister Physick unto her during her sicknesse here in London was one Mr. Talbott a Fellow of Merton College in Oxford whose proceedings with her and the Medicines he gave her for during the time he