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
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
Presiden ' qui tam c. per Cur ' domini Regis hic ex assensu suo adjudicat ' Et predictus Thomas Bonnam in misericord ' c. Quod quidem Recordum coram nob ' sic habitum duximus exemplificand ' In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste Thoma Flemynge apud Westm ' Tertio decimo die Februarii Anno regni nostri Anglie Franc ' Hibernie sexto Et Scotie quadragesimo secundo Byng Byng Dr. Bonham's Case as reported by Sr. Edward Coke late Lord Chief Justice of England Hill 7. Jacobi In the Common Pleas p. 585. Edit 1680. THomas Bonham Doctor in Philosophy and Physick brought an Action of false imprisonment against Henry Atkins George Turner Thomas Moundford and John Argent Doctors in Physick and John Taylor and William Bowden Yeomen For that the Defendants the 10 of Novemb 4 Jacobi did imprison him and detain him in Prison by the space of 7 days The Defendants pleaded the Letters Patents of King Henry the 8. bearing date the 23 of September in the 10 year of his Reign by which he reciteth Quod cùm regii officii sui munus arbitrabatur ditionis suae hominum foelicitati omni ratione consulere id autem vel imprimis fore si improborum conatibus tempestivè occurreret c. By the same Letters Patents the King granted to John Chambre Thomas Linacre Ferdinando de Victoria John Halswell John Frances and Robert Yaxley quòd ipsi omnesque homines ejusdem facultatis de in Civitate London sint in re nomine unum corpus communitas perpetua per nomen Presidentis Collegii sive communitatis facultatis medicinae London c. And that they might make méetings and Ordinances c. But the Case at Bar doth principally consist upon two clauses in the Charter The first Concessimus etiam eisdem Presidenti Collegio seu Communitati successoribus suis quòd nemo in dicta Civitate aut per septem milliaria in circuitu ejusdem exerceat dictam facultatem Medicinae nisi ad hoc per dict' President ' Communit ' seu successores suos qui pro tempore fuerint admissus sit per ejusdem Presidentis Collegii literas sigillo suo communi sigillat ' sub poena centum solidorum pro quolibet mense quo non admissus eandem facultatem exercuerit dimidium inde domino Regi haeredibus suis dimidium dict' Presidenti Collegio applicand ' c. The second clause is which immediately followeth in these words Preterea voluit concessit pro se successoribus suis quantum in se fuit quod per President ' Collegium predict ' Communitat ' pro tempore exist ' eorum successores imperpetuum quatuor singulis annis per ipsos eligerentur qui haberent supervisum scrutinium correctionem gubernationem omnium singulorum dict' Civitatis medicorum utentium facultat ' Medicinae in eadem Civitate ac aliorum Medicorum forinsecorum quorumcunque facultatem illam Medicinae aliquo modo frequentantium utentium infra eandem Civitatem Suburbia ejusdem sive infra feptem milliaria in circuitu ejusdem Civitatis ac punitionem eorundem pro delictis suis in non bene exequend ' faciend ' utend ' illa nec non supervisum scrutinium omnium Medicinarum earum receptionem per dictos Medicos seu aliquem eorum hujusmodi ligeis dict' nuper Regis pro eorum infirmitatibus curand ' sanand ' dand ' imponend ' utend ' quoties quando opus fuerit pro commodo utilitat ' eorundem ligeorum dicti nuper Regis Ita quod punitio eorundem Medicorum utentium dict' facultate Medicinae sic in premiss delinquentium per fines amerciamenta imprisonament ' corporum suorum per alias vias rationabiles congruas exequeretur as by the said Charter more fully appeareth And that by force of the said Letters Patents The said Thomas Chambre Thomas Linacre c. and all the men of the same faculty in the said City were unum Corpus communitas perpetua sive Collegium perpetuum And afterwards by Act of Parliament An. 14 H. 8. It was enacted That the said Corporation and every Grant Article and other things in the said Letters Patents contained and specified should be approved granted ratified and confirmed in tam amplo largo modo prout poterit acceptari cogitari constitui per easdem Literas Patentes And further it was enacted That the said six persons named in the said Letters Patents as Principal of the said College and two others of the said College should be named Electi and that the said Elects should chuse one of them to be President as by the said Act appeareth And further they pleaded the Act of 1 Mariae by which it is enacted Quod quaedam concessio per Literas Patentes de incorporation ' fact ' per predict ' nuper Regem Medicis London omnes clausulae articuli content ' in eadem concessione approbarentur concederentur ratificarentur confirm ' per praedict ' nuper Parl ' In consideratione cujus inactitat ' fuit authoritate ejusdem Parliamenti quòd praed ' Statut ' Act ' Parliament ' in omnibus Articulis Clausulis in eodem content ' extunc imposterum starent continuarent in pleno robore c. And further it was enacted That whensoever the President of the College or Commonalty of the faculty of Physick of London for the time being or such as the said President and College shall yearly according to the tenor and meaning of the said Act authorize to search examine correct and punish all offenders and transgressors in the said faculty c. shall send or commit any such offender or offenders for his or their offence or disobedience contrary to any Article or Clause contained in the said Grant or Act to any Ward Gaol or Prison within the same City the Tower of London except that then from time to time the Warden Gaoler or Kéeper c. shall receive c. such person so offending c. and the same shall keep at his proper charge without Bail or Mainprize untill such time as such offender or disobedient be discharged of the said imprisonment by the said President and such persons as shall be thereunto authorized upon pain that all and every such Warden Gaoler c. doing the contrary shall lose and forfeit the double of such Fines and amerciaments as such offender and offenders shall be assessed to pay by such as the said President and College shall authorize as aforesaid so that the Fine and amerciament be not at any one time above the sum of 20 pound the one moiety to the King the other moiety to the President and College c. And further pleaded That the said Thomas Bonham the
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
and streightly commandyng the said Grocers and Apothecaries and every of them not to faile herof as thei tendre our pleasure the health and securitye of our lovyng Subjects and as thei shall answere for doyng the contrarie before yow to their such losses damages and penalties as be prescribed in our Lawes and Statutes above mentioned aswell concernyng Physicians as also Grocers and Apothecaries Yeven under our Signet at our Manor of St. James the xxiiii daye of June in the fourthe and fivethe yeres of our Reignes PROCEEDINGS Against Empiricks c. In Queen Elizabeth 's Reign IN the first year of this Queen's Reign Thomas Glamfelde was committed to prison for practising Physick and Stalworth and Gylmyn Norwich Empiricks fined upon the same account In the second year of her Reign a Commission was given by the College to Walter Hawgh a Norwich Physician and to Hugh Glynne a Chester Physician to Prosecute all Empiricks of their own and neighbour Counties Several others were summoned before the College and severely rebuked for exposing Pills to sale without their approbation Others were punished for the ill preparation of Medicines Amongst whom one Edward Stephens a sweet Grocer that he might be released from his imprisonment for obstinately refusing to appear upon the President 's summons of his own accord fell down upon his knees before the President and humbly begg'd pardon of the Queen's Majesty for his disobedience to the President of her College the Lord Cobham and several others being present In the 6th year several Empiricks were prosecuted others were imprisoned for practising Physick In the 12th year the Wife of one Bomelins an Empirick having procured the Lord Treasurer's Letter to the College petitioned that her husband might be discharged from prison he having given satisfaction to the Queen's Majesty for his violation of the Statutes in practising unlearnedly and by Magical Arts. To this Letter the College answered that her husband must first pay 20 l. for his practice and 15 l. for expences in the suit and likewise give security that he would not practise Physick for the future After this the President of the College and Dr. Caius were appointed to wait upon Sir William Cecil Secretary of State he having wrote a Letter to the College in favour of Bomelins upon whose application the Secretary was pleased to express great respect to the College and all the members of it assuring them that he should be well pleased to have Bomelins banished the Kingdom Some time after Bomelins was released from prison by consent of the College having given Bond of 100 l. that he would not for the future practise Physick in London nor in any other parts of England It was ordered by the College that the President should enter an Action against Dr. Lewes Judge of the Admiralty for suffering William Rich an Empirick committed to his care in the Marshalsea to practise Physick against the Laws of the Kingdom his own trust in contempt of the College and to the great prejudice of the Queen's Subjects A foreign Physician who had taken his Degree at Lovain in Brabant was summoned before the President and Censors and examined by what authority he practised Physick in England without licence He pleaded his ignorance of the Laws and was dismissed upon promise of not practising in London nor any other parts of England being likewise ordered to return into his own Country in a few days Dr. Walker was summoned to appear before the College to answer several things objected against him by Dr. Corimbec he having examined and admitted some Physicians in Norwich and Norfolk and extorted above 100 Marks from several Empiricks in those parts whom he had licensed to practise He was Fined for not appearing and Letters were wrote by the College to Dr. Corimbec to authorize him to cite those Empiricks to appear before the College in order to their due punishment One Sylva an Italian was charged before the President and Censors for evil practice in that he undertook to cure an old woman by suffumigation with which she died and prescribed Stibium to another person troubled with an affection of his Lungs to his great prejudice He was afterwards examined and rejected by the whole College by reason of his egregious ignorance in Philosophy and Physick and was fined 20 l. for having practised Physick for half a year to the apparent hurt of the Queen's subjects and the year following was committed to prison in that he had practised without College licence Thomas Pennye was summoned for practising Physick but pleading that he had taken his Doctours degree he was dismissed and ordered that he should bring his Letters testimonial to the Censors which accordingly he did but upon examination was found so ignorant in the first principles of Philosophy and Physick that he was thought unfit for that employment and prohibited the practice thereof and afterwards imprisoned for contemning the Judgment of the College and adventuring to practise without their licence In the 13th year of this Queen a Surgeon was Fined 20 l. for practising Physick but upon the intercession of some persons of Quality the College forgave him 20 Marks of that Fine upon condition that he bound himself in a bond of 100 l. that he would not practise for the future which refusing he was forced to pay the forementioned 20 l. Richard Reynold was examined and rejected as being very ignorant and unlearned But voluntarily confessing that he had practised Physick for 2 years the College ordered that he should be imprisoned untill he had paid 20 l. In the 14th year One Emme Baxter an impudent and ignorant woman was committed to prison for practising Physick the 7th of February Upon the 11th she was brought before the College where her husband William Baxter and Nicholas Staples a Citizen entring into bond to the College and their Successors that she should not practise for the future in London nor any other parts of England she was dismissed paying all Fees due to the Officers of the Prison c. In the same year it was argued in the Lord Mayor's Court before Sir William Allen then Lord Mayor Whether the Surgeons might give inward medicines in the Sciatica French Pox or any kind of Ulcer or Wound Many arguments were used by the Bishop of London Master of the Rolls c. for their practice in this manner Dr. Caius the President of the College being summoned by the Lord Mayor in his own and the Queen's Delegates names did defend the illegality of their practice upon the forementioned accounts After which it was agreed by all present that they ought not to practise In the 23th year of the Queen's Reign one Baptista an Empirick was fined by the President and Censors 6 l. 13 s. 4 d. which he paid to the President He afterwards paid 5 l. to the College ob rem malè gest am in praxi gave bond to pay 5 l. more at our Lady day and at Midsummer was required to pay
was with her no body but he did prescribe any thing unto her are greatly suspected if not to have procured yet to have much hasten'd her end Of this no man can better speak than three of your owne College Dr. Gifford Dr. Fox and Dr. Poe who came unto her when she left the other and took great pains with her Likewise at her death and some days before Mr. Abraham Allen the King's Surgeon did attend her My request is that you will heare what they will say and accordingly call the said Mr. Talbott afore you and if you doe find that either by presumption in him or unskilfulnesse for from any malice I do absolutely discharge him that noble Lady's end were procured or hastned you will take such course in censuring and punishing of him that the respect due unto a person of her estate departed as she is may be observed and that his example may be a warning to others to proceed with conscience and discretion when they take the charge of the life of any upon them I have lost a most beloved and kind Kinswoman in the flower of her age and therefore do greatly desire a true accompt of the reason of her death And so I commit you to the protection of the Almighty At Baynard's Castle the 2d of August 1612. Your very loving friend R. Lisle In the 12th year of King James his Reign some of the Members of the College being required to find Arms the College appointed two of their Fellows viz. Sir William Paddy and Dr. Lister to solicite their cause with the Recorder of London the Lord Mayor and Court of Aldermen in the behalf of the Fellows Candidates and Licentiates for immunity from the charge of service for Men or Armour Whereupon Sir William Paddy accompanied with Dr. Lister before Sir Tho. Middleton Knight then Lord Mayor and a full Court of Aldermen upon the fourth of October 1614. after a short preamble made that is to say that the Fellows of the College of Physicians of London became Suiters unto the Lord Mayor and that honourable Court that it would please them to take into their considerations the privileges granted unto the College by Acts of Parliament whereby they were as heretofore they have been exempted from the charge of service proceeded to the Reasons following First applying his speech to Sir Henry Montague Recorder for the City he desired him that he would indifferently peruse the words in the preamble of the Act of Parliament recited thus In consideration c. Herein may it please this honourable Court not onely all Articles Graunts and other things contained in the Letters Patents but also for enlargement of further Articles for the said College are to be interpreted available to the said College in as large and ample manner as may be taken thought and construed by the same 14 Hen. 8. Then may it please you to observe that in the 32d of H. 8. they and every of them of the said Body Corporate or Fellowship and their Successours shall at all time and times after the making of the said Act be discharged to keep any Watch or Ward in the said City of London or the suburbs of the same And here the said Sir William requested them to note the word any which in true weight of construction was to be extended as if that Clause had been in more words expressed Then he farther urged that for the Chirurgeons where in the first entrance of the Act it was thought expedient by the wisedom of the Land to provide for men expert in the Science of Physick and Chirurgery And therefore when it followeth that in this Act of Parliament the Chirurgeons by express word are exempt from the bearing of Armour it may truly inferr that Physicians are exempted as before from any Watch or Ward as also Physicians here recited in the preamble should receive a greater or at least the same immunity especially since Physicians are by their Science Chirurgeons without further examination and approbation to be had from the Bishop of London whereunto mere Chirurgeons are subject Then a grave and reverend Knight an Alderman of the Bench replyed That he took the words in the Act of Parliament for the Chirurgeons viz. bearing of Arms were to free their persons and not to exempt them from the charge of the service Whereunto Sir William Paddy answered under his favour and the Judgment of the Bench and Mr. Recorder that the difference between bearing and wearing of Armour was such that the very Etymon of the word bearing as in many other cases comprehended both and therefore should give immunity from both And therewithall Sir William Paddy added this Reason that by the wisedom of the Land it must needs be intended Physicians of the College should be exempted from this and other like services for that in the time of all outward War or domestick they or some of them do attend the Armies in person whereof he there exhibited a Catalogue of divers he had from the Register And now may it please you my Lord Mayor and this honourable Court we address our selves onely to you under whose government we are seated and with love we seek from you favourable construction for just relief which as in your worth you have always afforded to all so do we assure our selves you will dispense unto us who live best by your love and will ever be ready to do you service Then Mr. Recorder perusing every branch of the Statutes recited and the reasons urged and opening every part thereof at large did gravely and judicially conclude that the Acts of Parliament did surely intend to give to the College as much immunity as in any sort to the Chirurgeons Whereupon the Court desired to have a true Catalogue of the Fellows Candidates and Licentiates of the College in number then forty and one which Sir William Paddy and Dr. Lister from the Register did immediately deliver up unto them Which Catalogue the Court then upon this reason required lest others not of the College should delude them and so claim privilege Hereupon was ordered a dispensation for the College from bearing of Arms and immediately after a Precept was awarded by the Lord Mayor and Court to commit all other Physicians or Chirurgeons refusing to bear or find Arms who were not by the College allowed or Chirurgeons licensed according to form In the 13th the following Letter was sent to the President of the College concerning the death of the Lady Arabella To my very loving Friend the President of the College of Physicians in the City of London AFter my heartie commendations Whereas the Lady Aâ—â—bella is lately deceased in the Tower and that it is his Majestie 's pleasure according to former custome upon like occasions when persons of great quality do dye in that place her body should be viewed by persons of skill and trust and thereupon Certificate to be made of what disease she dyed as to their Judgment it
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
Parliament was dissolved or prorogued In H. 6 's time the former method was altered and then Bills continentes formam Actus Parliamenti were first used to be brought into the House The Bills were before they were brought into the House ready drawn in the Form of an Act of Parliament and not in the Form of a Petition as before Vpon which Bills 't was written by the Commons Soit baile al Seigneurs and by the Lords Soit baile al Roy and by the King Le Roy le voet All this was written upon the Bill and the Bill thus endorsed was to remain with the Clerk of the Parliament and he was to enter the Bill thus drawn at first in the Form of an Act of Parliament or Statute upon the Statute Rolls without entring of the Answer of the King Lords and Commons upon the Statute Roll. And then issued out Writs to the Sheriffs with transcripts of the Statute Rolls viz. of the Bill drawn at first in the Form of a Statute and without the answer of the King Lords and Commons to the Bill to proclaim the Statutes Now this Record which is before us in Court upon the Mittimus is not a transcript of the Bill upon which the answer of the King Lords and Commons was written but it is a transcript of the Entry which was made upon the Statute Roll upon which Roll it is not necessary that the Royal Assent must be entred And though oftentimes the Royal Assent hath béen entred by the Clerk upon the Statute Rolls yet 't is not necessary that it should be there to make a good Statute it having béen before upon the Bill There be many Statutes which have not the Royal Assent to them entred upon the Statute Rolls This objection would destroy half the Acts of Parliament that be If in the body of the Statute it self the consent of the King Lords and Commons doth not appear 't is a void Statute 't is felo de se As in the case of 4 H. 7. fol. 18. which case is cited in Hobarts reports fol. 111. in the case there betwéen the King and the Lord Hunsdon and the Countess Dowager of Arundel and the Lord William Howard upon an Act of Attainder of a particular person the consent of the Commons did not appear in it and therefore saith the book all the Iudges held clearly that it was no Act and therefore he was restored And yet it doth not hold true generally that in the body of the Act the thrée Assents must particularly appear especially in cases of Ancient Statutes The reason is because the Forms of drawing up and wording ancient Statutes were very various as 8 Cook Prince's Case King Edw. 3. authoritate Parliamenti grants by an instrument in Form of a Charter yet 't is there held that it was a Statute And this very Act here in question of 14 H. 8. hath always béen taken to be a good Act as in Dr. Bonham's case in the 8 report and in the 4 Inst and in Dr. Butler's case in Cro. Car. and in Jones's report But further Hales said that in this case here the Court is bound up to give Iudgment upon the Record that is certified unto the Court And by the Record certified it appears to the Court that it is a good Act of Parliament for in the Certificate made to the Court the thrée Assents of the King Lords and Commons are contained in the body of the Act. There be other Satutes of the same Sessions of Parliament viz. in 14 H. 8. which be as our Statute is viz. without the Royal assent upon the Roll of the Statute as the Act about the marrying of the Six Clerks cap. 8. and the Act of the Port of Southampton cap. 13. and other Statutes of the same Sessions and yet they have not béen ever questioned and in truth the Royal Assent was at the end of the Bills of that Sessions If the Defendant thinks that the certificate here is false it being of an Act of Parliament whenas he thinks there is no such Act The party grieved by such false Certificate is to take his remedy by way of Action upon the Case against the Person that made such false Certificate as the Clerk of the Parliament or the Clerk in Chancery but the Defendant cannot be admitted here in this Court to averr contrary to the Record certified and so to relieve himself this way for we have no power over those Records we cannot cause the Parliament Rolls themselves to be brought into this Court we take them to be as they are certified unto us Then the Counsel for the Defendant made a second objection viz. The issue here is whether there be such a Record or no and this issue is to be tried by the Record it self For all Records are of that high nature that they can be tried onely by themselves Now here the Tenor of the Record onely is certified and not the Record it self and therefore the issue here is not sufficiently proved by the Plaintiffs in Law And Pages case in the 5 rep was cited where 't is resolved that the Tenor of a Record is not pleadable at Common Law that 't is not sufficient at Common Law to shew forth to the Court the Tenor of Letters Patents but that the Letters Patents themselves must be produced to the Court 'T is the Record it self onely that is pleadable and not the Tenor thereof and by consequence 't is the Record it self that must be certified here to prove this issue of nul tiel Record and a Certificate of the Tenor onely is not sufficient Hales the Lord Chief Iustice answered that though the Tenor of a Record be not pleadable yet upon the issue of nul tiel Record the Tenor of the Record is sufficient to prove that issue the Tenor thereof being sent by way of Mittimus into the Court where the issue is depending upon that particular purpose onely Nul tiel Record may well be pleaded to a private Act of Parliament but it cannot be pleaded to a publick Act of Parliament the reason of the difference is for that the Court is bound to take notice of publick Acts of Parliament but not of private ones When execution may be awarded upon the Record certified there a Certificate of the Tenor is not sufficient because no execution can be granted upon a Tenor onely the reason thereof is this if execution might be upon the Tenor then two executions might be viz. one upon the Tenor in one Court the other upon the Record it self in the other Court and 't would be against reason that two executions should be for the same thing But where the Writ which commands the Court below to certifie a Record doth also tie up the hands of that Court from awarding any execution there a Certificate of the Tenor onely is sufficient as in some cases of Writs of Error upon Iudgment given in other Courts The like of Certiorari's to
College of Physicians who Anno 1680. was summoned to appear before the Lieutenancy of London for not bearing and providing Arms. Upon which Summons attending with the Patent of 15 Car. Secundi Regis nunc The Lieutenancy upon a long debate of this matter desired him to leave a Copy of that part of the Patent which exempted the Members of the said College from bearing and providing of Arms and they would advise with their Councell thereupon ordering the Dr. to attend them their next Committee day in which they promised to give him their positive resolution Accordingly he attended and they told him that they were satisfied that the words of the Patent were sufficient to exempt the Members of the College from bearing and providing Arms and desired that a List of them might be given in under the College Seal which was accordingly done The Opinion of Sir Francis Pemberton late Lord Chief Justice of the Common Pleas as to the College's finding Arms given under his hand April 1680. Quest Whether the King may not excuse the College from finding Arms by virtue of his Letters Patent granted after an Act of Parliament which requires all persons to find Arms without exception Ans I conceive his Majesty may by his Patent excuse the College from finding Arms if he think sit The Opinions of Sir Edmund Saunders late Lord Chief Justice of England and Mr. Holt given under their hands upon the same account An. Dom. 1682. Quest Whether the general clause of Non obstante in the King's Letters Patent concerning the College of Physicians expressed in these words And we will and by these presents for Vs Our Heirs and Successors do give and grant unto the said President Fellows and Commonalty of the King's College of Physicians and their Successors that all and every Physician and Physicians that now is or are or that hereafter shall be elected admitted and made a member of the same College shall from time to time be wholly and absolutely fréed exempt and discharged of and from bearing and providing Arms within our Cities of London or Westminster or either of them or any of the Suburbs or Liberties of the same Cities or either of them or within 7 miles compass thereof Any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding doth operate upon the Acts of Parliament of the 13 14 and 15. years of his now Majestie 's Reign for regulating the Militia and thereby exempt the Members thereof from bearing or providing Arms according to the purport of the said Acts they being not by name mentioned in the said clause of Non Obstante Sir Edmund Saunders his Opinion The Patent doth discharge the Physicians from bearing or providing of Arms notwithstanding the Militia Act. Mr. Holt his Opinion I conceive by the Patent all the Members of the College are exempted from being at any charge to wards the Militia FINIS AN HISTORICAL ACCOVNT OF THE COLLEGE'S Proceedings AGAINST EMPIRICKS AND Unlicensed Practisers c. In every Prince's Reign from their first Incorporation to the Murther of the Royal Martyr King Charles the First By CHARLES GOODALL Dr. in Physick and Fellow of the said College of Physicians LONDON Printed by M. Flesher for Walter Kettilby at the Bishop's Head in St. Paul's Church-Yard 1684. TO THE RIGHT WORSHIPFULL Dr. Whistler PRESIDENT The Censors and Fellows of the College of Physicians in London 'T Is now about 165 years since your College was first founded by Royal Authority The causes which moved the renowned Princes King Henry 8. Q. Mary Q. Elizabeth King James and our present Sovereign whom God long preserve to stamp such eminent characters and signal marks of their Royal favour and bounty upon you cannot be unknown to those who have read over the Acts of Parliament passed in two Princes Reigns with the Charters granted by others and Printed in this Book In which you may find it thus expressed That they out of their Princely wisedom deeply considering and by the example of Foreign well-governed States and Kingdoms truly understanding how profitable beneficial and acceptable it would be unto the whole body of this Kingdom of England to restrain and suppress the excessive number of such as daily professed themselves learned and profound Practisers in the faculty of Physick Whereas in truth they were men illiterate and unexperienced rather propounding unto themselves their private gain with the detriment of this Kingdom than to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilfull practisers those that were learned grave and profound practisers in that faculty should receive more bountifull reward and also the industrious Students of that profession would be the better encouraged in their studies and endeavours c. Vpon these and many other weighty Motives causes and considerations recited at large in the forementioned Acts and Charters did our Kings and Queens of England erect found and establish a College Commonalty or Incorporation of Physicians in the City and Suburbs of London and for 7 miles every way in distance from the same to be remain and have existence for ever Now much honoured Collegues How far you have answered the great and noble ends of these Princely favours and Royal Grants will fully appear in this book I mean as to the primary cause of your Incorporation viz. The restraining and suppressing illiterate unexperienced and unlicensed practisers As to the Second viz. How far you and your predecessors have answered the Character of learned grave and profound practisers in the faculty of Physick will in some measure appear in this Epistle wherein I have endeavoured to give a true though brief account of several memorable passages relating to the Lives and Works of some of the eminent Physicians of this College This is a work I must confess more fit for a large Volume than an Epistle a work which I hope in due time may be attempted by a more able and elegant pen than I can pretend to and that because I know there want not good materials to encourage such an honourable and worthy undertaking several Authours having already written somewhat memorable of the Worthies of this our Royal College our own Annals acquainting us with much more and the learned Dr. Hamey having left behind him in a Manuscript of his own writing the lives of above 50 of them Some of which were highly valued for their knowledge in the learned Languages others for being general Scholars polite Latinists accurate Grecians eloquent Oratours great Antiquaries and deep Philosophers Others for the improvement of their own faculty in the Theoretick and Practick Anatomick and Spagirick parts thereof that they were and are no less valued and esteemed in other Countries than in their own having by their matchless and most incomparable works not onely merited but obtained the name of immortal Some are admired and read in foreign Vniversities as Hippocrates and Galen
privileges they deputed some of their Members to wait upon the Right Honourable Sir Francis Walsingham Secretary of State humbly to beg the favour of him to write his Letter to the Lord Mayor and Court of Aldermen to require them that they should give the College no farther trouble but suffer them to live free and undisturbed they being freed from finding Arms by virtue of Royal Charters given to them by the Royal bounty of their Princes and Acts of Parliament made in their favour Which the Honourable Secretary was pleased to doe and the College thereupon discharged from farther charge or trouble Paul Fairfax a foreign Empirick gave out Bills stuffed with arrogance and ostentation of the admirable virtues of a Water which he called his Aqua Coelestis with which he cheated the People He confessed that he had practised Physick in London for 4 months and pretended that he had done several Cures with his water and other remedies for which he was fined 5 l. and required to give bond that he should not practise for the future which if he refused he was to be committed to prison Upon this he procured a Letter from the Lord Chamberlain directed to the President and College which he delivered with Letters testimonial of having taken his Degree at Frankfort which seeming to be fictitious they were kept by the College and he forbidden to practise Physick However the following Letter was presented by the President and College in answer to the Lord Chamberlain's To the Right Honorable our very good Lord the Lord Hunsdon Lord Chamberlaine one of the Lords of her Majesties most honorable Privy Councill RIght Honorable and our very good Lord Having received a Letter from your Lordship in the behalf of one Paul Fairfax for the liberty of his practice in Physick here in London and understanding by the Contents of the same that your Honor hath been misinformed as well of the quality of the man as also of our dealings towards him We most humbly beseech your good Lordship to accept of our answer which we here present in most dutifull wise Touching the Man albeit by some travell he seemeth to have gotten some kind of Language and therewithall hath boldly put himself into some Empirical practice more daungerous in trueth to the Patient then any-wise commendable to the Practitioner Yet upon just examination we find the man very weak in the substance of all kind of good learning and rather to be pitied for his fantasticall conceits and well weening of his owne ignorance then any wise to deserve toleration in so daungerous a function A man never trained up in any good Schoole of Learning ignorant in the very principles of the Art and for lack of other good matter furnished with certain ridiculous termes and childish phrases invented onelie to entertain the simple hearer and to delude the unlearned multitude withall And whereas he laieth some challenge to a Doctorship He hath in deed shewed unto us the Letters Testimoniall for the same Yet we being better acquainted with the coorse of Universities then he have a better opinion of Frankfort then to think that wittinglie and willinglie they would commit so foul an errour as to admit either him or the like And having made good survey of the Letters find by evident proofs that they are vehemently to be suspected to have been rather by some sinister means devised than by any ordinary course obtained Touching us and our hard using of him as he termeth it to your Lordship as well by imprisoning his body as by exacting the paiment of money to his great impoverishing Maie it please your good Lordship to understand that as yet he hath paied no one penny but standeth bound indeede and that for a very small summe considering the quality of the offence and the straightness of our Lawes in that behalf and yet for the paiment thereof hath as long a day as himself requested And as for his imprisonment it was rather procured by his owne undiscreet frowardness then ment by us at all if he had shewed any conformitie in time For being a Gentleman as himself saieth and having so good acquaintance as he protested being offered to be set at liberty if he would have put in but any one sufficient surety a matter of great ease for him to do if the rest of his talk had been to be credited He as one rather contemning us and our friendly dealing then not able to satisfie our reasonable request more upon stomach then discretion made choice of imprisonment Thus have we delivered unto your good Lordship a truth beseeching your Honor so to interpret of our dealing toward him and all other in the like degree as of men altogether abhorring from all extremity but enforced to do that little which we do even by the very duetie that we owe to our Lawes and good orders and by the consideration of our strict solemne Oth and conscience in that behalf And so praying for your Lordships most prosperous estate we most humbly take our leave At our College this last of Ianuary 1588. Your Lordship 's most humble The President and Society of the College of Physitions in London Iohn Halsey appearing before the College confessed that he had practised Physick in London for several years wherefore the College ordered that he should pay 20 l. for his former practice and take a licence for the future if found fit or else give bond of 100 l. that he should not practise hereafter in London which if refused then to be committed to prison He desired time to consider and then promised forthwith to enter into bond as required by the College Tomazine Scarlet a Woman so egregiously ignorant that she confessed she understood nothing in Physick neither could reade or write yet had hundreds under her cure to whom she gave purging Medicines Stibium c. For which she was required to give a bond with good security that she would not practise for the future which accordingly she did But after some years practising again and refusing to give bond as before she was committed to prison but then procured Letters from Court to the President of the College that she might be released but by Order of the College she was continued And after some short time being sent for she refused to desist from practice or to give bond for her due observance of the Laws as before demanded wherefore she was for this contumacy of hers remanded back to prison About 3 years after she was again committed to prison and fined 10 l. for practising Physick and using dangerous Medicines as Stibium Antimony Mercurial Unguents c. all which she confessed Five years after she was a third time sent to prison and fined 5 l. upon the same account In the 31 th of the Queen Paul Buck a very impudent and ignorant Empirick appeared before the President and Censors and then confessed he never had any liberal education yet had practised Physick
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
hidden Arts of Magick and Astrology for which reason he was highly admired by some Ladies of Quality who were very bountifull to him But in truth he was a very wretched Knave and formerly well known to the College for many of his wicked and knavish Impostures and at this very time by the command and at the instance of some persons of Quality was in prison out of which that he might free himself he personated the Physician to the right Reverend Bishop of Durham who being sent by him as appears by his Lordship's Letter to the College He was by the Censors found most egregiously ignorant as appears by the following examination a Copy of which with the College's answer to the Bishop's Letter was sent by Sir William Paddy the Contents of which are the following To the Right Reverend Father in God the Lord Bishop of Duresme one of the Lords of his Majestie 's most honourable Privy Council Right Reverend and our especial good Lord ACcording to your Honours order signifyed unto us by your Letter to take Mr. Lambe into our examination who was brought before us the 18th of this December It may please your Honour to understand that we have attended the performance thereof with all the duty and care we could And for that we conceived your Honour's pleasure was and so likewise our own Statutes doe direct us that he should be entreated with favour rather than otherwise We therefore caused him to be opposed though contrary to our custome in that language wherein alone he is good and further in the easiest way of Physick and Chirurgery that we could think of The brief of which examination and of his answers we have sent herewith to your Honour that your Honour may see the particulars of our proceedings with him and from what confession of his owne and from what other evidences besides it comes that by the sentence of the College Mr. Lambe stands convict and guilty of all manner of infufficiency and ignorance in this faculty Whereof that your Honour hath been pleased to require to be certified from us and to that end hath caused the Offender to be brought hither as the true and proper place of his trial as an Act intended by your Honour to advance the cause of learning We do acknowledge our selves to be ever most highly bounden to your Honour and in our most dutifull manner do give your Honour most humble thanks therefore Almighty God keep your Honour in long prosperity At our College house the 19th of this December Your Honours humbly at commandment Io. Argent Pres Sim. Fox Regist Othowell Meverell Fr. Herrin Robert Fludd Helkiah Crooke The Examination of Iohn Lambe before the College of Physicians as it was sent to the Bishop of Duresme 1. Being asked of his beginning in Physick and of the means how he came by his knowledge and whether his bringing up were that way or no and required to reade a little in a Latine Galen He answereth that he never had taken to that study that he makes no profession thereof but that he lives by making Gentlemen merry nor understandeth Latine 2. Being asked by what signs he knows a disease and how to cure it He answereth he knoweth no signs but onely as he is told by the party and for cure that he is not wont to use any thing but a few outward things and sometimes a little pulvis sanctus which from the Apothecaries he hath learned to be a Purge 3. Being asked in Astrology what house he looketh unto to know a disease or the event of it and how the Lord Ascendant should stand thereto He answereth he looks for the sixth house which being disproved he saith he understands nothing therein but what he hath out of Caliman and being asked what books he hath read in that Art he saith he hath none but Caliman 4. Being asked how he knows an Apoplexy and how he cures it He answereth he knows nothing unless he be told nor doth use any thing for cure but a few Oils and Unguents and that for satisfaction onely 5. Being asked in Chirurgery What is a Revulsion or Derivation He answereth he knoweth not the terms 6. Being charged with contradiction that in the College he confesseth himself ignorant and denieth practice whereas in his examination by the Lord Bishop of Durham he made shew of long experience and sufficience and of having done many great cures as by his Lordship's Letter appeareth He answereth that he did not profess any such thing to his Lordship and that he craves mercy of the College and that they would not be the cause of his undoing 7. Being pressed from the notoriousness of his practice and publick fame that goes of him and the great resort made unto him He answereth it is without his desert that he cannot hinder comers to him and that all he did was trifles and fooleries and babbles to get a little money Dr. Alexander Leighton being required by the Censors to give an account by what authority he practised Physick He told them by virtue of his Doctour's degree which he had taken at Leyden under Professour Heurnius He was charged as being in Presbyter's orders and asked why he did not stick to his Ordination He excepted against the Ceremonies yet owned himself a Preacher and acknowledged his practising of Physick In several parts whereof he was examined but giving no satisfaction and being perverse as to Ecclesiastical affairs He was by the President and Censors interdicted practice After this endeavouring to procure a Licence it was denied him because in Holy orders the Statutes of the College declaring that none such should be admitted into the College or permitted to practise Wherefore he was a second time forbidden practice But he still persisting to practise in London or within 7 miles was arrested and afterwards censured tanquam infamis he having been censured in the Star-Chamber and lost his ears Ellin Rix was complained of by Mrs. Lee for her boy dead of a consumption Rix having promised her in 14 days to make him sound and bargained for 3 li. she had 15 s. aforehand and arrested her for the rest She gave this boy purging drinks once a day for 7 days together and twice a day for 7 days more But the boy dyed in a fortnight after She likewise complained of her for promising an absolute cure to her husband in 14 days of a dead Palsie she had of him 3 li. and was to have as much more upon cure She confessed practice and was censured imprisonment with a mulct of 5 li. and required to give bond that she would not practise for the future She lay in prison for 14 days then endeavoured her enlargement by Habeas Corpus which being denied and being referred to the Censors she was then willing to pay part of her fine presently and the rest shortly after and give a bond of 20 l. with security to the King that she would not practise for
But though he did not appear yet evil practice being proved against him by several the Censors fined him 20 li. and ordered his imprisonment till it was paid as soon as the College Officer could take him Mr. Buggs Apothecary was complained of for practising physick being charged therewith he said that he would not accuse himself but that being proved against him he refused to give any answer behaving himself very insolently and saucily After this He was accused by a Gentleman to whom he gave great hopes of curing his Son pretending himself a Physician but when he saw that he would dye he engaged this Gentleman to the Tavern demanded money of him and after a week sent him a bill Buggs gave a Vomit to another which wrought so churlishly that for 3 hours the sick person was in continual lipothymies One Watson took physick of Buggs who dyed under his hands Dr. Grent acquainted the Censors that a Pewterer complained of Buggs who by his physick put out his Eyes Complaint was likewise made that he gave physick to one Burton who dyed by 3 a Clock the next morning the particular account of which is the following Laurence Relfe servant to Mr. George Burton Haberdasher saith that he was sent by his Master to call Mr. Buggs to him and he thinketh that Mr. Buggs was with his Master Maii 4 o in the morning and further saith that his Master was that day abroad in divers places and that coming home he complained that he was stuffed in the stomach and could hardly fetch his breath and that having sitten a while and rested himself he found himself well But he having met with Mr. Buggs in the evening and complaining that he was stuffed in the stomach Mr. Buggs promised speedily to help him and thereupon in the evening sent him a Clyster which Mr. Burton then refused to take finding himself well and having as he said a good stomach to his Supper he would first sup After Supper Mr. Buggs's man came again the rising from the Table he went to his Chamber where the Fellow gave him the Clyster upon which he fell presently very sick so that the Fellow went home to tell his Master how ill Mr. Burton was who presently sent him some things to take which was after acknowledged to be Syrup of Violets and Flos Sulphuris But he growing worse and worse Laurence Relfe was sent to fetch Mr. Buggs himself who brought him by twelve a Clock at night to his Master where presently Mr. Buggs did let Mr. Burton bloud after which seeing him to grow sicker Mr. Buggs went home saying he would send him some things to give him ease which he sent by his own servant being three things each of the bigness of a pryone which he took all severally and dyed by 3 a Clock in the morning William Wallye Mr. Buggs's man being called to inform the College the truth of this business concerning Mr. Burton saith that he knew Mr. Burton and that he dyed on Friday last and that his Master made a Clyster for Mr. Burton which was sent by his younger Fellow and given about 7 at night and that about 12 at night his Master let Mr. Burton bloud but this Wallye was not with his Master at the doing thereof for he was at the Tower giving one Mr. Foster a Clyster which his Master ordained and sent him to give and more he knoweth not Upon this and the like informations the College prosecuted Mr. Buggs at Law whereby he was made a prisoner in the Fleet after which the President presented to the College the following Letter sent from the Lord Chief Justice of the Common Pleas about granting Mr. Buggs an Habeas Corpus for the Summer Vacation To his very worthy friends the President and College of Physicians in London Gentlemen MAster Iohn Buggs a prisoner in the Fleet at your suite and at the suite of one more onely hath been a suiter for an Habeas Corpus The other hath both by word and writing given his consent He informeth me that with a little liberty he will make soe good use thereof as to give you satisfaction which otherwise he shall be disabled to doe and he will not give your College offence I recommend him to your selves and desire a word from you whether you will be entreated to doe this for this tourn onely If his carriage hereafter shall not be such as shall deserve your favour his condemnation will be the greater otherwise you may doe honour to your selves and subdue him by a courtesy For my selfe I am and shall alwayes be Your very loving friend 30 June 1632. Ro. Heath At the request of some friends I will him well but will not overrule but perswade your consent To this Letter the President returned the following Answer To the Right Honourable Sir Robert Heath Lord Chief Justice of his Majestie 's Court of Common Pleas deliver this Right Honourable UPON the receipt of your Letter on the behalfe of Mr. Buggs for the obtaining of an Habeas Corpus I call'd our Society together Where I received a command from all first to give your Honour all humble thanks That you would be pleased to doe soe great a favour to our College as not to grant the Writt without our consent and especially with this addition not to overrule us For the quality of this Buggs we beseech your Honour to understand from us that he hath alwayes been a dangerous Empirick and against whom there are many complaints in our Register and never any man behaved himself with that insolency and contempt against our College as he hath done in arresting and suing to a tryall 3 of our Doctors for performing service to the Commonwealth in searching his Shop and carrying away his dangerous and evil medicines to be examined by the Censors Yea and since his eviction in this our suite he hath yet persisted in his evil courses and hath been an unfortunate Practitioner upon one Master Burton who having well supped and then received certain administrations from the said Buggs who also let him bloud that night with his own hands the Patient dyed before morning as we are informed and this very day we purposed to examine this businesse but that in tendernesse to your Honour we did forbeare till we had given you an accompt of him and his dangerous wayes As for the other Creditor we are informed that the debt was but supposed from the beginning onely to remove him from the Compter to the Fleet and therefore that consent was easy Sir the trust that the King and State hath placed upon us binds us in all duty and conscience to prosecute such dangerous abusers for the preservation of the lives of his Majestie 's people And therefore we beseech your Honour to continue your favour and help to suppress and punish such illiterate men as formerly you have done And we shall be bound to pray God for your Honour's health and safety And so I rest Your
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
published which are drawn as it were by another Hippocrates from his most exact and nice observation of Diseases and their symptomes to which are added most judicious Natural Hypotheses and Curative Indications deduced from them He hath given such an exact History of all acute Diseases from the beginning of 1661 to 1680. that there is scarcely a Sentence to be found therein which is not of moment Several weighty observations are likewise taken notice of by this sagacious Physician which other Authors have omitted as particularly the several constitutions of the Air specifically different which depend not upon the manifest qualities thereof but upon some inexplicable causes and produce Diseases as specifically different which Constitutions after some time give place one to another and are accompanied with a peculiar and specifically different Fever both as to its symptomes and cure These Fevers he calls Stationary distinguishing them from the Sporadique or Intercurrent Fevers depending upon the manifest qualities or alterations of the Air The Ptyalisme that attends adult persons and the Diarrhoea which usually accompanies Children in the Flox-Pox The day when the Ptyalisme ordinarily ceaseth with the danger ensuing thereupon The great tendency to symptomatical sweats in the distinct Pox Convulsions in Children before the eruption of the Small Pox which he observeth to be the usual prognostick of a mild distemper The Mania or Frenzy following Agues with the different Cure it requires The Jaundise observable at the going off of the Colica Hysterica The limpid Vrine which he asserts to be the most universal and pathognomonick sign of Hysterical and Hypochondriacal affections which diseases do frequently assume the shape of Nephritick and Colical distempers yet are really different both in their original and cure with many of the like kind dispersed throughout this Book and his Epistolary Dissertations de Variolis confluentibus Affectione Hystericâ Lue Venereâ Podagrâ Hydrope which I am now forced to omit as also the Lives and Works of several great and learned Men heretofore Members of the College such as Dr. Gilbert Wotton Muffet Gwynne Turner Paddy Atkins Mayerne Prujean Bates c. and many now living who have not onely merited a remarque in this Epistle but very highly of the Publick But I hope this present omission will be pardoned this Epistolary Discourse being onely by way of Specimen to a more full and complete History intended In short I cannot question but to see this learned Society flourish maugre all its adversaries which was contrived by Royal wisdom and Founded in Royal bounty which hath enjoyed such great and learned Men in every Age which is now happy in so wise and prudent Governours and blessed with such Learned Grave and Profound Practisers in the Faculty of Physick that there seems to be a Transmigration of the Soul of the immortal Harvey and other Great Men into many of the Members now flourishing Which that it may ever continue so is and ever shall be Most Honoured Collegues the earnest and hearty desire of Your most Affectionate Collegue and devoted Humble Servant Charles Goodall PROCEEDINGS Against Empiricks c. In K. Henry 8 's Reign IN the 33 year of this King's Reign Iohn Wisdam and Iohn Lister were sued by the College in the Court of Exchequer for practising Physick against the Statutes of the Kingdom Judgment was given against Wisdam for 10 li. and against Lister for 30 li. About the same time one Hammon compounded with the College and engaged not to practise Physick for the future Several corrupted Druggs and Medicines were burnt in this King's Reign by the order and in the presence of the Censors of the College PROCEEDINGS Against Empiricks c. In K. Edward 6's Reign IN this King's Reign several Practisers of Physick were examined by the College and found so unfit for the practice of that Art that they were rejected Others were punished according to publick Statutes and others Fined In the fourth year of this King's Reign in the month of September one Grig a Poulterer of Surrey taken among the people for a Prophet in curing of divers diseases by words and prayers and saying he would take no money c. was by command of the Earl of Warwick and others of the Council set on a Scaffold in the town of Croidon in Surrey with a Paper on his breast wherein was written his deceitfull and hypocritical dealings And after that on the Eight of September set on a Pillory in Southwark being then our Lady Fair there kept and the Mayor of London with his Brethren the Aldermen riding through the Fair the said Grig asked them and all the Citizens forgiveness Of the like counterfeit Physician saith Stow have I noted in the Summary of my Chronicles Anno 1382. to be set on Horse-back his face to the Horse-tail the same tail in his hand as a bridle a Collar of Jordans about his neck a Whetstone on his breast and so led through the City of London with ringing of basons and banished Whereunto I had added saith the forementioned Author as followeth Such deceivers no doubt are many who being never trained up in Reading or Practice of Physick and Chirurgery do boast to doe great Cures especially upon Women as to make them straight that before were crooked corbed or crumped in any part of their bodies c. But the contrary is true for some have received Gold when they have better deserved the Whetstone PROCEEDINGS Against Empiricks c. In Q. Mary 's Reign IN the second year of this Queen's Reign a great number of Empirical Impostors were prosecuted and punished by the Censors of the College amongst whom was one Charles Cornet a Flemming an impudent and ignorant Buffoon who would not be restrained from his ill practices with the bills of his condemnation affixed at the corners of streets nor yet with imprisonment it self being patronized by Hugh Weston Dean of Westminster and Roger Chamley The College nevertheless by virtue of the Laws and favour of the Lord Chancellor several of the Nobility and the King's Physicians Dr. Roper and Dr. Vaughan prosecuted him with all vigour and care whereby he was forced not onely to flee the Town in spight of Weston and Chamley but likewise out of those privileged places where he had shelter'd himself first in St. Martins in London and after in Westminster They being also imprisoned who in St. Martins had afforded him a retreat The Censors did likewise cause his unwholsome and sophisticated remedies to be burnt in the open Markets at Westminster After the College had thus diligently prosecuted some of these Empiricks and forced others to flee the City and Suburbs they conceived it would highly conduce to the welfare and safety of the Kingdom if they extended their Authority to other parts thereof Upon which account they drew up the following Letter pursuant to the Acts of Parliament and Judgment of the most learned Rastal and Walpole Serjeants at Law and Sir Robort
Brook Lord Chief Justice of the Common Pleas. To all Justices Mayors Sherifes Bailifes Constables and other Ministers and Officers and to all other to whom it apperteyneth the Praesident and College of Physicions in London sendeth gretyng WHere it hath pleased our late Soveraigne Lord and King of famose memory Henry the Eight with the consent of his Parliament holden at Westminster in the 14 and 15 of his gratiose reigne And our Soveraigne Lady Queen Mary with the consent of hir Parliament holden at Oxford in the first yere of his Reigne to give authority unto us the Praesident and College of Physicions in London for the helth and safetie of their Subjectes to survey oversee examyn judge correct and govern al Physicions foren and others together with their Medicines which practise within the City of London the Suburbes of the same seven miles compasse and the rest of England with authorite to committe al offenders against the said Actes for their offenses or disobediences to all their Prisons And comandement to yow all upon request to yow made by us to helpe aide and assiste us and all persons by us from time to time authorised for the due execution of the said Actes and Statutes upon payne for not gevyng such aide and assistence to runne in contempt of the Quenes Majeste her heires and successors We desire yow all and by virtue of the Lawes abovementioned do require yow and every one of yow as you tendre the good meanyng and due execution of the said Actes and Lawes and also your owne healthes lyves and sanitie of your Cuntres that yow aide and assiste our welbelovyd N. by us authorised in al such thinges as he shall require your aide and helpe for the due execution of the said Actes and Lawes for that we understand by complayntes made unto us that many lewde undiscreete and unlearned persons as wel strangers as of our owne nation be resident in your Cities Townes and Countreis and others wandryng about in the same with chaungeable names and false medicines to your gret abuse deceyte of the Kynges people and losse of goods and lyves of the same Yeven at our College in London under our commune Seal the xxth day of Septembre in the yeare of our Lord God 1556. And in the third and forth yeare of the Reigne of Philip and Mary by the grace of God Kynge and Quene of England Spayne Fraunce both Sicilies Ierusalem and Irelande Defendors of the Faith Archdukes of Austrie Dukes of Millane Burgundy and Brabant Counties of Haspurge Flaunders and Tyrolle According to the purport of the forementioned Letter the College constituted seeral Visitors to whom they granted authority in their name that they should not suffer any to practise Physick throughout England unless such as had taken their degrees in Cambridge or Oxford without grace or were licensed by them or the College under their publick Seals All others were obliged to enter into recognisance that they would not practise till they had been examined and approved by the President and Elects of the College under their Hands and Seals Such as did refuse to give obedience to these Laws were by the Justices Mayors and other Officers committed to Prison till they submitted to the due execution of them In the third year of the Queen's Reign the Surgeons and Apothecaries were prohibited the practising of Physick and the latter required that they should not divulge the names of Medicines nor deliver Physicians Bills to the Patients they often proving of dangerous consequence to them Several Empiricks were likewise prosecuted and punished and others forced to flee the Town In the 4th year of the Queen's Reign the College summoned before them the Wardens of the Grocers and all the Apothecaries of London and the Suburbs thereof and enjoyned them that when they made a dispensation of Medicines they should expose their several Ingredients of which they were compounded to open view in their shops for 6 or 8 days that so the Physicians passing by might judge of the goodness of them and prevent their buying or selling any corrupt or decayed Medicines the Wardens as well as the Apothecaries were willing to submit to the judgment of the Censors in this affair After this the following Letter from the Queen was read to the Wardens and Apothecaries To our trustye and welbelovyd the President and College of Physicians within our City of London TRustie and welbeloved we grete yow well And where our derest Father King Henry the Eight by his Acte of Parlament in the xxxii yere of his Reigne did give full Authorite and powre unto the President for the tyme beyng of the College of Physicions in London and the Commones and Felowes of the same and their Successors that thei yerely at such tyme as thei shuld thinke mete might serche view and examyne al such Poticary wares and drugs as the said Poticaries have or at any tyme after shuld have and thereof all such druggs as they shuld finde unholsome and corrupted to burne and destroye accordyng to the meanyng and purporte of the said Acte confirmed and enlarged by us the said Quene in our Parlament in the first yere of our Reign We consideryng how necessarie it is that the said Acte sholde be executed for divers considerations towching healthe and saulftye of our liege people and for the avoyding of the like daunger and gret inconveniences that may herafter chance and were like to have chaunced lately to one of our Nobilite by ignorance of the Byar and negligence of the Seller of certeyn wares Doe streightlye wyll and command yow not onlie from henseforthe to put the said Acte in dewe execution but also by theis presents doe give you like charge and therewith full power and authorite to call and convent before yow the Wardens of the Grocers and al the Apothecaries within the limitts and precincts of your liberties and priviledges to yow graunted by us and our Progenitors and the Parlaments above specified and them streightly to charge and commande by authorite herof that from tyme to tyme hensforthe nether thei nor anye of them do entreprice to sell or retayle any such wares drugge or druggs as hath in theim anie spice of venome or suspicion of poyson or such other as by the receivyng of them at the handes of anie unlerned or of anie malitiouse or evyll disposed person maie by anie meanes greviously hurte or put in perille or daunger of lief anie of our Subjectes of what estate or degre soever he or thei be Onlesse the seller of anie of the said druggs be well assured of the honestie true dealyng and good intent and skille of the byar And first examyn the same for what intent or purpose he buyth the same and therewithall to note the name of the buyer and tyme of the buying Or else that the said Grocer or Apothecarie have with him remainyng the hand-writing of some discrete well lerned and authorised Physician for his discharge Willing