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A41428 The Colledge of Physicians vindicated, and the true state of physick in his nation faithfully represented in answer to a scandalous pamphlet, entituled, The corner stone, &c. / by Charles Goodall ... Goodall, Charles, 1642-1712. 1676 (1676) Wing G1090; ESTC R8857 78,779 223

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stubbornness and contumaciousness of our late diseases with their great and main alterations than the Chimerical Ternary of your unanswerable friends viz. the Pox Scurvy and Worms whereby many of his Majesties subjects have not only been deprived of the Cure of their distempers but sacrificed their lives to the forementioned detestable prescriptions 'T is therefore likewise to be hoped that our Soveraign Lord the King who hath been so great an Encourager of all liberal Arts and Sciences will imitate his Royal Predecessor King Henry the Eighth in confirming that Charter by Act of Parliament which out of his Royal bounty he hath lately bestowed upon his Colledge of Physicians whereby the mechanical successors of those old Empiricks exactly described and characterized in 3 H. 8. may be prevented for the future from trying experiments upon his Majesty's Subjects to the high displeasure of God great infamy of the Faculty and the grievous hurt damage and destruction of the Kings liege people c. Nay further 't is to be hoped that the Chancellors of our Universities with the grave Judges of our Land and all other persons of ingenuous or Academick educations will be exemplary in the encouragement of this no less famous than worthy Colledge that so the Laws already made and established by the Parliaments of England being diligently prosecuted by them may give some check to their Empirical pride and insolency as well as their bold invasion of this noble Art of Medicine whereby so many of the worthy Professors of it have met with no small discouragement I shall therefore crave leave to conclude this subject with what hath been no less ingeniously than judiciously observed by a very curious and inquisitive person viz. That if Physicians who are men of so clear judgments so unparallel'd for industry have no more respect or consideration than mean empty shallow pretenders we may have reason to fear that hereafter persons of so great abilities and liberal education will scorn to look towards a Faculty which though honourable in its own nature is so low and mean in the esteem of the world that every person who hath confidence to affirm he is a Physician although perfectly ignorant of the Rudiments of Physick shall yet have no less countenance from the publick than those gallant persons who after a long courtship have rendred Nature familiar are acquainted with the causes and Cure of diseases and who have so deserved of mankind that I cannot but marshal them next to those divine persons who also as these are often slighted and neglected although of them the world is not worthy FINIS POSTSCRIPT SInce the writing of the first part of my Book which relates to the establishment of the Colledge of Physicians by Law I understood that the Records of the Parliament in 14 and 15 H. 8. were to be seen at the Rolls Chappel which ingaged me to make a very diligent search into that Act and the rest which concerned the Colledge of Physicians where I found upon that Parliament Roll 36 Acts publick and private whereof 26 were signed at the bottom with Respons Regis le Roy le veult and ten others stitched to these on the same Roll without le Roy le veult But at the end of the Roll there is affixed a Commission granted by the King to Cardinal Woolsey to Prorogue and Adjourn the Parliament from Blackfryers to Westminster and there to continue and hold it immediately after which Commission we may find that upon the 13 day of August about six in the evening the King being present the House of Commons was sent for and Sir Thomas Moore their Speaker having made a very elegant and learned Speech he presented the King with a very large Subsidy given by the Commons as a Testimony of their great devotion to their Prince which being done and the Lord Chancellor having according to the usual custom privately conferr'd with his Majesty he commanded that all those Acts which were made in that present Parliament for the publick good should be recited and published Quibus ex ordine per initia recitatis lectis singulis publicavit Parliamento respons secundum Annotationes Regiae voluntatis Declarativas à dors script fact dictus reverendissimus dominus Legatus Cancellar exhortando admonendo nomine Regis omnes Dominos Communes supradictos ut diligenter ordinata Statuta pro bono publico in hoc Parliamento observarent ab aliis observari procurarent c. Now 't is evident that the Titles of all Bills that were agreed upon by both Houses were read in the Kings presence and received the Royal Assent though it was not ingrossed by the Clerk of the Parliament upon Ten of those Acts which are to be seen in the forementioned Roll which are but Transcripts of the Original Records and therefore as far as can be proved Roy le veult might be ingross'd at the top or bottom of these Ten as well as the other 26. in the Original Records But however 't is plain that the Form and Essence of a Statute Law doth not consist in the Clerk of the Parliaments engrossing the Royal Assent at the top or bottom of an Act that not being done until the Session is over but in the Clerk of the Crown 's pronouncing of it after he hath read the Title of each Act according to certain instructions given from the King Now the Clerk having in the audience of Lords and Commons pronounced aloud to every publick Bill le Roy le veult to every private Bill soit fait comme il est desire and to every publick Bill the King refuseth to pass le Roy se avisera 't was no difficulty for the Judges and Lawyers Lords and Commoners to know what Acts passed that Session and that this Act relating to Physicians did then pass by this Royal Assent seems very clear because as I before intimated in page 8. of my book a Parliament within 17 years after in the same Kings Reign owned the Colledge as a Body Corporate and gave them several priviledges which they maintain and enjoy to this day and about 28 or 30 years after another Parliament confirmed the 14 and 15 H. 8. with every Article and Clause therein contained as you may see more at large page 9 10. And that the giving the Royal Assent to these two Acts last mentioned in 32 H. 8. and 1 Q. M. might not be questioned you may see it thus ingross'd upon the top of the first Item alia quaedam Billa formam cujusdam Actus in se continens exhibita est suae Regiae Majestati in Parliamento praedicto cujus tenor sequitur in haec verba And then the whole Statute is recited And at the bottom you will find it thus engrossed Cui quidem Billae perlectae ad plenum intellectae per dictum Dominum nostrum Regem ex authoritate assensu Parliamenti praedicti sic respons est Soit fait comme il est desire And at the bottom of the second of the two last mentioned Statutes you will find it thus engross'd Cui quidem Billae perlectae ad plenum intellectae per dictam Dominam Reginam ex authoritate Parliamenti praedicti sic respons est le Reigne le veult Now 't is plain that these Sessions of Parliament were not so long distant from the former but that some that were in both Houses of Parliament in these two Sessions might be in that and therefore would not have own'd the forementioned for an Act if they had not heard the Royal Assent given to it But besides this Act of Parliament with some others of the Ten were ever owned as Acts of Parliament As for instance an Act that the Sir Clerks of Chancery might marry an Act concerning Cordwayners an Act of Tracing Hares an Act for the Clothiers in Suffolk an Act for the payment of Custome an Act for the Haven or Port of Southhampton all which with two or three private ones were passed by the same authority that the Physicians was and if that be invalid all the former are much more Nay further these Acts were publickly printed and bound up after that Session which hath been in use ever since Printing hath been common in England so that they may be found not only in the Rolls Chappel but in Mr. Pulton's Statute-book and in old Books that are bound up with Acts of Parliament that were made in particular Princes Reigns which may be seen at Mr. Millers in St. Paul's Church-yard But suppose that this Testimony were not sufficient I would desire Mr. H. to resolve me whether the forementioned Parliaments owning and declaring it as an Act and the Judges upon several Tryals giving their opinions for it and the receiving it as a Record into the Rolls Chappel be not evidence enough to prove this very Statute an Act of Parliament for I am credibly informed that a Record being brought into the Rolls Chappel and received as such by the Master of that Court who is termed sacrorum scriniorum Magister is so far from being question'd that it is a full and sufficient evidence in any Court
yet a greater difficulty to imagine that a Parliament holden in the first of Queen Mary which was not above 28. or 30. years after the Collegiate Statute was made should pass another Act in confirmation of this only on a presumptive evidence that there had been such a One made when reallyit never had been so in rerum naturâ and that this they did is very evident which making much to our purpose and likewise to the abrogating of the Act made in 3 H. 8. I shall take the pains of transcribing Whereas in the Parliament holden at London on the 15 th day of April in the 14 th year of the Reign of our late Soveraign King Henry the VIII th and from thence adjourned to Westminster the last day of July in the 15 th year of the Reign of the same King and there holden It was enacted That a certain grant by Letters Patents of incorporation made and granted by our said late King to the Physicians of London and all Clauses and Articles contained in the same Grant should be approved granted ratified and confirmed by the same Parliament For the consideration whereof be it Enacted by the Authority of this present Parliament That the said Statute or Act of Parliament with every Article and Clause therein contained shall from henceforth stand and continue still in full strength force and effect any Act Statute Law Custom or any other thing made had or used to the contrary in any wise notwithstanding 4. 'T is certain that this Act of Parliament hath been owned as such by all the grave Judges and Lawyers of this Land upon every Trial betwixt the Colledge and the Empiricks And though in Dr. Bonhams Case the Colledge was overthrown yet it was not for that the Judges question'd the legality of the Act of the 14 th and 15 th of H. 8. for the Lord Chief Justice Cook Justice Warburton and Justice Daniel of the Common Pleas Bench were so far from doubting the Authority of that Act that they plainly tell us in that very Case that the Censors had their Authority by Letters Patents Act of Parliament which are high matters of Record and in the 4 th of King James there was a recovery upon this Statute against one Gardener and in the 7 th of King Charles the First there was another recovery in the Common Pleas against one Butler and in the 8 th of the same Kings Reign a Writ of Error was brought in the King-Bench and there Judgment affirmed both Courts owning the Statute of the 14 th and 15 th of H. 8. where the Colledg Charter was confirmed and in 1651. there was another recovery in the Common Pleas upon the same Statute against Trigge And though Mr. H. tell us of one single Judge that would not admit of the Colledge Patent as established by Act of Parliament in the time of the late Usurper who could scarcely have affection for a Society of men established by Regal power of whom several had expressed so great Loyalty to their Soveraign yet very prudently he omits his reasons lest we should observe so much of partiality if not bribery in him that it might justly be suspected that Interest not Judgment obliged him to such an Opinion but allow Mr. H. what he desires from this instance doth he seriously think that this is as authentick as the Judgment of all the Judges of the Kings Bench and Common Pleas which I just now intimated and the High Court of Parliament in the First of Queen Mary I am apt to believe he cannot however if he doth I am sure he will scarcely perswade any other into such an opinion unless it be those of his own Association who would gladly have it so But to give the Gentleman all the advantage he can desire to his circumstantial Argument that there is not to be seen on the top or bottom of this Roll the Kings Royal Assent I make a question whether this will carry his Cause because the Kings Signature is sometimes endors'd on the back side of the Roll and if he did really put himself to the trouble of searching I wish he would have informed us whether he found this Roy le veult endors'd upon every single Roll of the other 13. Statutes made in the same Session for 't is a little odd to conceive that one poor single Statute in the same Session where 14 were passed and that not the first or last but the 5. in order should be solely question'd especially seeing Mr. Pulton in the preamble before those Statutes assures us that the King by the assent of the Lords Spiritual and Temporal and the Commons assembled had ordained made and enacted certain Statutes and Ordinances in manner and form following of which number this is One. Mr. H's second circumstance to prove that the Collegiate Patent was never established by Act of Parliament is this because he saith that it doth militate against the Spirit of an English Parliament the great Sanctuary of publick freedom To this I need return no other Answer but only desire Mr. H. to read over the foremention'd Statutes of 14 and 32 H. 8. and 1 Mar. and then tell me whether the Parliaments of England did not judge without any breach of Magna Charta that learned and experienc'd men were the fittest to pass a judgment of those brought up in their own profession and doubtless had Mr. H. understood the nature of humane Societies and the necessity of Laws for their government he would not have betrayed his weakness and ignorance so much as he hath done in this Argument In the same page he tells us that it might be an easie matter to impose upon a Printer a Copy of a Bill instead of a Statute especially about matters of Physick whose concerns in those dayes were but in few hands and the Professors very inconsiderable persons and that after it had been once printed for a Law how easie was it for the Lawyers unawares to accept it and Mr. Pulton to reprint it without further enquiry To these surmises I answer that Mr. H. would have done well to have told us the men that durst impose upon a Printer a Copy of a Bill instead of a Statute or given us an instance of a Printer that was ever so audacious or adventurous to do it if he cannot 't is strange that he should trouble the world with such idle and wild supposals that never had any better foundation than in an ill-contriv'd fiction which doubtless can never obtain greater credit with any judicious man seeing that all Bills which pass both Houses of Parliament are fairly engrossed and offer'd to the King to Sign which being done Copies of those Bills are taken out by the Clerk of the Parliament who diligently and faithfully examines them with the Printer by the original Records and then are the Copies of them committed to the Press Now by this conjecture of Mr. H. both the Clerk of the Parliament