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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 GƲILFORD, Lord Keeper of the Great Seal of England, and one of his Majestie's Most honourable Privy Council.

My Lord,

'TIs 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 [Page] 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 3 H. 8. c. 11. 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 14, 15 H. 8. c. 5. 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 32 H. 8. c. 42. same King of glorious memory, for enlarging of [Page] their Privileges, with the addition of many new ones.

In the first of Q. Mary (being but 29 or 30 1 Q. M. Ses. 2. c. 9. 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 bloud­thirsty and malicious men!) have by their se­veral Royal Patents granted them farther Li­berties, K. James and K. Charles 2. in their Roy­al Patents. 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, [Page] 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 [Page] 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 [Page] 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, [Page] 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 either actually engaged in the late Rebellion, or bred up in some mean and contemptible trades, were never taught the duty they owe to God or their Sovereign, to their Native Country or the Laws, there­of.

We hope therefore that Your Lordship will pardon us, in begging your Honour's favour and Protection for the encouragement and de­fence of a Society (though established by Royal Graunts and Acts of Parliament) thus rudely assaulted by barbarous and illiterate Mecha­nicks. Your Lordship's profound knowledge in the Laws of your Countrey, as well as in all humane learning, is no less known and admi­red; than your eminent, exemplary courage and constant faithfulness to the Crown and Go­vernment in Church and State as 'tis now by Law established; to the preservation of which, [Page] your Lordship's singular wisedom, vigilancy and unwearied endeavours have highly and success­fully contributed. To which purposes, that your Lordship may long live in the favour of your Prince, and affections of all his Loyal and good Subjects; is and shall be the constant and ar­dent desire of

Your Lordship's Most humble and devoted Servant, Charles Goodall.

THE COLLEDGE OF PHYSICIANS Established by LAW, &c.

3 H. VIII. C. 11.
An Act for the appointing of Physicians and Surgeons.

TO the King our Sovereign Lord, and to all the Lords Spiritual and Temporal, and Commons in this present Parliament assem­bled: Forasmuch as the science and cunning of Phy­sick and Surgery (to the perfect knowledge whereof be requisite both great learning and ripe experience) is daily within this Realm exercised by a great mul­titude of ignorant persons, of whom the greater part Inconveni­encies ensu­ing by igno­rant Persons practising Physick or Surgery. have no manner of insight in the same, nor in any other kind of learning: Some also can no letters on the Book, so far forth that common Artificers, as [Page 2] Smiths, Weavers, and Women boldly and accu­stomably take upon them great Cures, and things of great difficulty; in the which they partly use Sor­cery and Witchcraft, partly apply such Medicines unto the disease, as be very noious, and nothing meet therefore to the high displeasure of God, great infamy to the Faculty, and the grievous hurt, da­mage, and destruction of many of the King's Liege people; most especially of them that cannot discern the uncunning from the cunning: Be it therefore (to the surety and comfort of all manner people) by the authority of this present Parliament enacted, That no person within the City of London, nor with­in By whom e­very Physici­an and Sur­geon shall be allowed. seven miles of the same, take upon him to exercise and occupy as a Physician or Surgeon, except he be first examined, approved and admitted by the Bishop of London, or by the Dean of Pauls, for the time be­ing, calling to him or them four Doctors of Physick, and for Surgery, other expert persons in that facul­ty; and for the first examination such as they shall think convenient, and afterward alway four of them that have been so approved; upon the pain of forfei­ture for every month that they doe occupy as Physi­cians or Surgeons, not admitted nor examined after the tenour of this Act, of 5 li. to be imployed the one half thereof to the use of our Soveraign Lord the King, and the other half thereof to any person that will sue for it by Action of Debt, in which no wager of Law nor Protection shall be allowed.

2. And over this, That no person out of the said City, and Precinct of seven miles of the same, except he have been (as is aforesaid): approved in the same, A. Physician or Surgeon allowed by the Bishop of the Diocess. take upon him to exercise and occupy as a Physician or Surgeon, in any Diocess, within this Realm, out if [Page 3] he be first examined and approved by the Bishop of the same Diocess, or he being out of the Diocess, by his Vicat-general: either of them calling to them such expert persons in the said faculties, as their dis­cretion shall think convenient, and giving their Let­ters Testimonials under their Seal to him that they shall so approve, upon like pain to them that occu­py contrary to this Act (as is above said) to be levyed and employed after the form before expressed.

3. Provided alway, That this Act nor any thing The Privile­ges of Oxford and Cam­bridge. therein contained, be prejudicial to the Vniversities of Oxford or Cambridge, or either of them, or to any Privileges granted to them. (2) Memorand. That Surgeons be comprised in this Act as Physicians, for like mischief of ignorant persons presuming to exer­cise Surgery. Rast. Pla. fol. 426.

5 H. VIII. C. 6.
An Act concerning Surgeons to be dischar­ged of Quests and other things.

SHeweth unto your discreet wisedoms, your humble Orators the Wardens and Fellowship of the craft and mystery of Surgeons enfranchifed in the City of London, not passing in number 12 persons, That whereas they and their Predecessors, from the time that no mind is to the contrary, as well in this noble City of London, as in all other Cities and Bo­roughs within this Realm, or elsewhere, for the [Page 4] continual service and attendance that they daily and nightly at all hours and times give to the King's The causes why Surge­ons have been exempt from bearing of Armour or other Ser­vices. liege people, for the relief of the same according to their science, have been exempt and discharged from all offices and business, wherein they should use or bear any manner of Armour or Weapon, and with like privilege have béen intreated as Heralds of Arms, as well in battels and fields, as other places, there for to stand unharnessed and unweaponed according to the Law of Arms, because they be persons that ne­ver used feats of War, nor ought to use, but only the business and exercise of their science, to the help and comfort of the King's liege people in the time of their need. (2) And in the aforesaid City of Lon­don, from the time of their first Incorporation, when they have been many mo in number than they be now, were never called nor charged to be on Quest, Watch, Surgeons dis­charged of Enquests, &c. nor other Office, whereby they should use or occupy any Armour, or defenceable géer of War, where­through they should be unready, and letted to practise their cure of men being in peril: (3) Therefore for that there be so small number of the said fellowship of the craft and mystery of Surgeons, in regard of the great multitude of Patients that be, and daily chance and infortune hapneth and increaseth in the foresaid City of London, and that many of the King's liege people suddenly wounded and hurt, for default of help in time to them to be shewed, perish, and so divers have done, as evidently is known, by occasion that your said suppliants have béen compelled to attend up­on such Constableship, Watches and Iuries, as is aforesaid: (4) Be it enacted and established by the King our Sovereign Lord, and the Lords Spiritual and Temporal, and by the Commons in this present [Page 5] Parliament assembled, and by authority of the same, that from henceforth your said Suppliants be discharged, and not chargeable of Constableship, Watch, and of The Surge­ons of Lon­don shall be exempt from being Con­stables, bear­ing of Ar­mour, or to be put in Watches or Inquests. all manner of office bearing any armour; and also of all Enquests and Iuries within the City of London. (5) And also that this Act in all things do extend to all Barber-Surgeons admitted and approved to ex­ercise the said mystery of Surgeons, according to the form of the Statute lately made in that behalf, so that they exceed not, ne be at one time above the number of xii persons. Stat. 3 H. 8. 11. 32. H. 8. 42.

14, 15 H. 8. C. 5. according to the Exemplification.
The privileges and authority of Physicians in London.

CAROLUS SECUNDUS Dei gratia Anglie Scocie Francie & Hibernie Rex fidei defensor, &c. Omnibus ad quos presentes litere pervenerint Salutem. Inspeximus Irrotulamen' cujusdam Actus Parliamen' Domini Henrici nuper Regis Anglie inchoat' & tent' in Civitate London' quinto decimo die Aprilis Anno Regni sui Quarto decimo & deinde prorogat us (que) West­monaster' & ibidem tent' die Veneris ultimo die Julii Anno ejusdem Regis quinto decimo & in Cur' Can­cellar' nostre Irrotulat' ac ibidem de Recordo remanen' in hec verba. Parliamen' inchoatum & tentum in Ci­vitate Londonniarum quinto decimo die Aprilis An­no Regni metuendissimi ac potentissimi Regis Henrici [Page 6] Octavi fidei defensoris quarto decimo & deinde proro­gatum usque Westmonaster' & ibidem tentum die Ve­neris ultimo die Julii Anno ejusdem Regis quinto de­cimo.

In the most humble wise sheweth unto your High­ness your true and faithfull subjects and liegemen John Chamber Thomas Linacre Fernandus de Victoria your Phisicions and Nicholas Halswell John Fraunces and Robert Yaxley and all oder men of the same faculte with­in the Citty of London and seaven myles about That where your Highness by your most gracious Letters Patents bearing date at Westminster the twentie third day of September the Tenth yeare of your most no­ble A body Cor­porate of the faculty of Physick within Lon­don and 7 miles com­pass. Reigne for the comon Wealth of this your realme in due exercising and practising of the facultie of Phi­sicke and the good ministration of Medicyns to be had have incorporate and made of us and of our com­panye aforesaid one bodye and perpetual Cōiaitie or fellowshipp of the facultie of Phisicke and to have perpetuall Succession and Comon Seale and to chose yearely a President of the same fellowshipp and Co­monaltie to oversee rule and governe the said fellow­shipp and Comonaltie and all men of the same facul­tie with divers oder liberties and Priviledges by your Highnes to us granted for the Comon Wealth of this your Realme as in your said most gracious Letters Patents more at large is specified and contained The tenour whereof followeth in these words.

HENRICUS dei gratia Rex Anglie & Francie & Dominus Hibernie Omnibus ad quos presentes li­tere pervenerint Salutem. Cum Regii Officii rect. nostrimunus nomi­navimus arbitremur dicionis nostre hominum felicita­ti omni ratione consulere Id autem vel in primis fore si improborum conatibus tempestive occurramus [Page 7] Apprime necessarium duximus improborum quoque hominum qui medicinam magis avaricie sue causa quam ullius bone consciencie fiducia profitebuntur un­de rudi & credule plebi plurima incommoda oriantur audaciam compescere Itaque partim bene institutarum Civitatum in Italia & aliis multis Nationibus exemplum imitati partim gravium Virorum Doctorum Johannis Chamber Thome Linacre Fernandi de Victoria Medico­rum nostrorum Nicholai Halsewell Johannis Francisci & Roberti Yaxley medicorum ac precipue Reverendis­simi in Christo Patris ac Domini Domini Thome tituli Sancte Cecilie trans Tib'im Sacrosce' Romane Ecclesie Presbiteri Cardinalis Eborum Archiepi' & Regni nostri Anglie Cancellarij charissimi precibus inclinati Collegi­um perpetuum doctorum & gravium virorum qui A perpetual College of Physicians erected and granted in London and the Suburbs. Medicinam. Medicina in urbe nostra Londino & Suburbiis in­traque septem Millia passuum ab ea Urbe quaqua­versus publice exerceant institui Volumus atque impera­mus Quibus tum sui honoris tum publice utilitatis no­mine cure ut speramus erit maliciosorum quorum memi­nimus Insciciam temeritatem (que) tam exemplo gravita­te (que) sua deterrere quam per Leges nostras nuper editas ac per Constitutiones per idem Collegium condendas punire Que quo facilius rite peragi possint memoratis Doctoribus Johanni Chamber Thome Linacre Fernan­do de Victoria Medicis nostris Nicho' Halsewell Johan­ni Francisci Francisco & Roberto Yaxley medicis concessimus quod ipsi omnesque homines ejusdem facultatis de & in Civitate predict' sint in re & nomine unum Corpus & Comunitas perpetua sive Collegium perpetuum Et quod eqdem Comunitas sive Collegium singulis annis imperpetuum eligere possint & facere de Comunitate illa aliquem providum virum & in facultate Medicine A Prefident of the Col­lege and his office and duty. expertum in Presidentem ejusdem Collegii sive Comuni­tatis [Page 8] ad supervidend' recognoscend' & gubernand' pro illo anno Collegium sive Comunitatem predict' & om­nes homines ejusdem facultatis & negocia eorundem Et quod iidem Presidens Collegium sive Comunitas ha­beant The College shall have perpetual Succession and a Com­mon Seal. They shall be of ability to purchase Land. successionem perpetuam & comune sigillum ne­gociis dict' Comunitatis & Presidentis imperpetuum serviturum Et quod ipsi & successores sui imperpe­tuum sint Persone habiles & capaces ad perquirend' & possidend' in feodo & perpetuitate Terras & Tene­menta Redditus & alias possessiones quascunque. Con­cessimus etiam eis & successoribus suis pro nobis & he­redibus nostris quod ipsi & Successores sui possint per­quirere sibi & Successoribus suis tam in dicta urbe quam extra terras & tenemen' quecun (que) annuum valorem duodecim librarum non exceden' Statuto de alienatione ad manum mortuam non obstante Et quod ipsi per nomina Presidentis, Collegij seu Comunitatis facultatis medicine London placitare & implacitari possint coram They may sue and be sued. quibuscunque Judicibus in Cur' & actionibus quibuscun­que Et quod predict' Presidens Collegium sive Comu­nitas & eorum Successores Congregationes licitas & honestas de seipsis ac Statuta & Ordinationes pro salu­bri They may make lawfull Assemblies and Ordi­nances for Govern­ment. gubernatione supervisu & correctione Collegii seu Comunitatis predict' & omnium hominum eandem fa­cultatem in dicta Civitate seu per septem Miliaria in cir­cuitu ejusdem Civitatis exercen' secundum necessitatis exigenciam quocies & quando opus fuerit facere vale­ant licite & impune sine impedimento nostr' hered' vel successorum nostrorum Justic. Eschaetorum Vicecomitum & aliorum Ballivorum vel Ministrorum nostrorum here­dum vel successorum nostrorum quorumcunque. Conces­simus No man shall practise Phy­sick in Lon­don or 7 miles thereof un­less he be al­lowed. etiam eisdem Presidenti & Collegio seu Comuni­tati & successoribus suis quod nemo in dicta Civitate aut per septem Miliaria in circuitu ejusdem exerceat [Page 9] dictam facultatem nisi ad hoc per dict' Presidentem & Comunitatem seu Successores eorum qui pro tempore fuering admissus sit per ejusdem Presidentis & Collegii literas Sigillo suo comuni sigillat' sub pena Centum solidorum pro quolibet mense quo non admissus eandem facultatem exercuit Dimid' inde nobis & heredibus no­stris & dimid' dict' Presidenti & Collegio applicand'. Preterea Volumus & concedimus pro nobis & Successo­ribus nostris quantum in nobis est quod per Presidentem & Collegium predicte Comunitatis pro tempore existen' & eorum Successores imperpetuum quatuor singulis Four Physi­cians of Lon­don shall be yearly cho­sen to have the oversight of the others. annis per ipsos eligantur qui habeant supervisum & scru­tinium correctionem & gubernationem omnium & sin­gul' dict' Civitatis Medicorum utentium facultat' medi­cine in eadem Civitate ac aliorum medicorum forinse­corum quorumcunque facultatem illam medicine ali­quo modo frequentantium & utentium infra eandem civitatem & Suburbia ejusdem sive intra septem Milia­ria in circuitu ejusdem Civitatis ac punicionem eorun­dem pro delictis suis in non bene exequend' faciend' & utend' illa Necnon supervisum & scrutinium omni­mod' Medicinarum & earum eorum recept' per dictos Medi­cos seu aliquem eorum hujusmodi ligeis nostris pro eo­rum infirmitatibus curand' & sanand' dand' imponend' & utend' quotiens & quando opus fuerit pro comodo & utilitate eorundem ligeorum nostrorum. Ita quod punicio hujusmodi medicorum utentium dicta facultate Medicine sic in premissis delinquentium per fines amer­ciamenta & Imprisonamenta corporum suorum & per alias vias rationabiles & congruas exequatur. Volumus eciam & concedimus pro nobis heredibus & successoribus nostris quantum in nobis est quod nec Presidens nec ali­quis de Collegio predicto Medicorum nec successores sui nec eorum aliquis exercens facultatem illam quoquo modo [Page 10] in futur' infra Civitatem nostram predictam & subur­bia ejusdem seu alibi summoneantur aut ponantur neque eorum aliquis summoneatur aut ponatur in aliquibus Assisis Juratis Inquestis Inquisitionibus Attinctis & aliis Physicians shall not be summoned on Juries in London. recogn' infra dict' Civitat' & suburbia ejusdem imposte­rum coram Major' & Vicecomitibus seu Coronatoribus dicte Civitatis nostre pro tempore existen' capiend' aut per aliquem Officiarium seu Ministrum suum vel Offi­ciarios sive Ministros suos summonend' licet iidem Ju­rati Inquisiciones seu recogniciones summ' fuerint super brevi vel brevibus nostris vel heredum nostrorum de recto. Sed quod dict' Magistri sive Gubernatores ac Comunitas facultatis antedicte & Successores sui & eo­rum quilibet dict' facultatem exercentes versus nos he­redes & Successores nostros ac versus Majorem & Vice­comites Civitatis nostre predict' pro tempore existen' & quoscunque Officiarios & Ministros suos sint inde quieti & penitus exonerati imperpetuum per presentes Proviso quod litere nostre seu aliquid in eis content' non cedent in prejudicium Civitatis nostre London seu libertat' ejusdem Et hoc absque fine seu feodo pro pre­missis seu sigillacione presentium nobis faciend' solvend' vel aliqualiter reddend' Aliquo Statuto Ordinacione vel Actu in contrarium ante hec tempora fact' edit' ordi­nat' seu provis' in aliquo non obstan'. In cujus rei Te­stimonium has Literas nostras fieri fecimus Patentes. Teste meipso apud Westmonaster' Vicesimo tertio die Septembris Anno Regni nostri Decimo. Per ipsum Regem & de data predicta authoritate Parliamen'. Tunstall.

And forsomoch that the making of the said Corpo­ration is meritorious and very good for the Comon-wealth of this your Realme It is therefore expedient [Page 11] and necessarie to Provide that noe person of the said Polityke body and Comonaltie aforesaid bée suffered to exercise and practyse Physyk but oonly these persons that be profound sad and discreete groundly learned and deeply studied in Physyke.

In consideration whereof and for the further authorise­ing The King's Letters Pa­tents and e­very Article therein con­firmed. of the same Letters Patents and alsoe enlargeing of further Articles for the said Comon-Wealth to be had and made Pleaseth it your Highnes with the assent of your Lords Spiritual and Temporal and the Comons in this present Parliament assembled to Enact Ordeyne and establish that the said Corporation of the said Como­naltie and fellowshipp of the facultie of Physyke afore­said And all and every Graunt Articles and other thing conteyned and specified in the said Letters Patents bee approved granted ratified and confirmed in this present Parliament and cleerely authorised and admitted by the same good lawfull and avayleable to your said Bo­die corporate and their Successors for ever in as am­ple and large manner as may be taken thought and construed by the same. And that it please your High­nes with the assent of your said Lords Spiritual and Temporall and the Commons in this your present Parliament assembled furtherlie to enact ordeyne and stablishe that the Sixe Persons before said in your said most gracious Letters Patents named as Prin­cipalles There shall be Eight E­lects of the Physicians of London. and first named of the said Comonaltie and fellowshipp chosyng to them twoo moo of the said Co­monaltie from hensforward be called and clepyd Elec­tys And that the same Electys yearly chose one of them to bee President of the said Comonalty and as oft as any of the Rowmes and places of the same Electys shall fortune to be voyd by death or otherwise then the Survivours of the said Electys within thirtie or fortie [Page 12] dayes next after the death of them or any of them shall chose name and admitt one or moo as need shall require of the most cunyng and expert Men of and in the said facultie in London to supply the said roome and number of Eight persons So that hee or they that shall be so chosen bee first by the said Supervisors straytly examined after a forme devised by the said Electys and also by the same Supervisors ap­proved.

And where that in Dyocesys of England out of London it is not light to fynde alway men hable to sufficiaunt­ly examyne after the Statute such as shall be ad­mitted to exercise Physyke in them that it may be enacted in this present Parliament That noo person from hensforth be suffered to exercyse or practyse in Physyke through England untill such time that he bée Physicians in other places must be ex­amined by the President and 3 of the Elects. examined at London by the said President and three of the said Electys And to have from the said Presi­dent or Electys Letters Testimonialx of theire approve­ing and examination Except he be a Graduat of Oxford or Cantebrygge which hath accomplished all thing for his fourme without any grace.

The Commission according to the Exempli­fication.

Die Mercurii vicesimo nono die Mensis Julii Cente­simo decimo sexto die Parliamenti Peste indies magis & magis in Urbe Londino ac presertim circa Palacium Domini Regis de Bridewell invalescente Reverendissi­mus dominus Legatus Cancellarius exhibuit ostendidit & ostendit certis ceteris dominis Spiritualibus & Temporalibus quandam Comissionem Domini Regis magno figillo suo sigillatam Cujus tenor sequitur in hec verba.

[Page 13] HENRICUS Octavus Dei gratia Anglie & Fran­cie Rex fidei defensor & Dominus Hibernie Reveren­dissimo in Christo Patri intimoque ac dilectissimo Consi­liario suo domino Thome miseracione divina tituli Sancte Cecilie Sacrosancte Romane Ecclesie Presbitero Cardi­nali Eborum Archiepiscopo Angl' Primati Apl'ice Sedis etiam de latere Legato Cancellar' suo salutem. Sciatis quod propter infeccionem aeris Pestiferi ubique per Ci­vitatem nostram London invalescentem de avisamento & assensu Consilii nostri assignavimus vos Ac vobis te­nore Presentium committimus potestatem & authori­tatem Specialem ad presens Parliamentum nostrum us­que Westmonaster' ad diem Veneris proximum futur' Prorogand' & continuand' ibidemque tenend'. Dantes ulterius universis & singulis tam Archiepiscopis Episco­pis Abbatibus Prioribus Ducibus Comitibus Vicecomi­tibus Baronibus Militibus Civibus Burgensibus quam omnibus aliis quorum interest ad dictum Parliamentum nostrum predict' conventur' tenore presentium firmiter in mandatis quod vobis in premissis faciend' & exequend' pareant obediant & intendant prout decet. In cujus rei testimonium has literas nostras fieri fecimus Paten­tes. Teste meipso apud Westmonaster' vicesimo nono die Julii anno regni nostri Quintodecimo.

Quaquidem Comissione publice per Clericum Par­liamenti l'ca dictus Reverendissimus dominus Legatus Cancellarius virtute ejusdem Comissionis Prorogavit continuavit & adjournavit presens Parliamentum usque Westmonaster' ad diem Veneris tunc proxime futur' ibidemque tenend' hora consueta. Mandavit insuper dictus Reverendissimus Dominus Legatus Cancellarius Attorn' & Solicitatori Domini Regis quod assumpta secum dicta Comissione die sequente accederent in Do­mum Comunem intimaturi eis de domo Comuni dic­tam [Page 14] Prorogacionem Continuacionem & adjornacio­nem lecturique coram eis dictam Comissionem ad in­tencionem quod ipsi Comunes diem prefixum apud Westmonaster' observent prout decet. Die Jovis tertio­decimo die Mensis Augusti CXXX die Parliamenti ad horam ferme firme sextam post Meridiem Domino Rege in Solio Majestatis sedente in Camera vulgariter dicta Camera Parliamentorum infra Palacium suum West­monaster' assiden— assedentibus dominis tam Spiritualibus Supple quàm Tem­poralibus ha­bitibus sive Robis Parliamentalibus decoratis Presente etiam de domo Comuni sive inferiori toto populo & plebe Thomas Moore Miles eorum Prolocutor si­lencio prius indict' graviter eloquent' & magno cum honoris & humilitatis ac Modestiae modestum honestament' Re­giam affatus est Majestatem eandem summis & me­rit' quidem extollens laudibus dotes graves nature & fortune eidem eedem sue Majestati à Deo Maximo conces­sas copiosissime prosequebatur magnam in Prudencia excellenciam promptam fortitudinis agilitat' mirum tempe— temporancie moderamen divinum Justicie ardorem in­natam Clemencie erga subditos benignitatem Subdito­rum erga eandem suam Majestatem amorem obedien­ciam ac debitam observanciam multa per exempla declarabat. In cujus rei comprobacionem quoddam scriptum Indentatum concessionem cujusdam maximi subsidii in se continens Regie Majestati optulit Ar­gumentum certe evid— evedentissimum summe devocionis bonorum Regem Subditorum. Cui tam excellenti excel­lente oracioni fine finem tum tam imposito dictus Reve­rendissimus dominus Legatus Cancellarius Domino Re­ge prius consult' singula egregie recitando respondebat Quo fact' idem Reverendissimus Dominus Legatus Cancellarius Acta omnia in presenti Parliamento pro bono publico edita & facta ex mandato Domini Regis [Page 15] recitari & publicari jussit ‘Quibus ex ordine per ini­cia recitatis & lectis & singulis per Clericum Parlia­menti responcione secundum annotaciones Regie voluntatis declarativas à dorso scriptas facta dictus Reverendissimus dominus Legatus Cancellarius ex­hortando & admonendo nomine Regis omnes Domi­nos ac Comunes supradictos ut diligent' Ordinat' & Statuta pro bono publico in hoc Parliamento obser­varent & ab aliis observari procurarent’ Post graciar' ex parte Domini Regis accionem dict' Dominis & Co­munibus pro eorum diligenti & laboriosa perseverantia circa expedicionem premissorum Parliamentum predic­tum nomine Regio duxit finiend' & dissolvend' & illud realit' finivit penitus perit & dissolvit concedens omnibus liberam ad propria prodeundi prodendi facultatem Anno Regni supradicti metuendissimi ac potentissimi domini nostri Regis Quintodecimo.

Nos autem tenorem Premissorum predictorum ad re­quisicionem Georgii Ent Militis in Medicinis Doctoris ac Presidentis dicti Collegii Medicorum London duxi­mus exemplificand' per presentes. In cujus rei testi­monium has literas nostras fieri fecimus Patentes. Te­ste meipso apud Westmonaster' vicesimo septimo die Februarii Anno regni nostri vicesimo quinto.

Examinat' per nos Will'm Childe & S. Clerk in Cancellaria Magi­stror' duos.

MEMORANDUM.

THere are 36 Acts stitched together on the same Roll of Parliament, amongst which the Physicians Act is to be found. 26 Of these were signed at the bot­tom of each Act, Respons. Regis, Le Roy le veult; The other 10 (whose titles are as follow) were stitched to the former 26 in order as they are under-written. At the bottom of which (upon the same Roll) you may find the foregoing Commission which was exemplified with the Physicians Act and Patent at the request of the College of Physicians.

  • 27 An Act for the Haven or Port of Southampton.
  • 28 An Act for George Guleford to lay out a new way.
  • 29 An Act that the 6 Clerks of Chauncery may Marry.
  • 30 An Act for George Roll to hold his place.
  • 31 An Act for the Clothiers in Suffolke.
  • 32 An Act concerning Cordwayners.
  • 33 An Act touching Physicians.
  • 34 An Act for payment of Custome.
  • 35 An Act against tracing of Hares.
  • 36 A discharge of Edmond Shaa.

32 H. 8. C. 40.
For Physicians and their Priviledges.

IN most humble wise sheweth unto your Majesty, your true and faithfull subjects and liege men, the President of the Corporation of the Comminalty and fellowship of the Science and faculty of Physick in your City of London, and the Commons of the Fel­lows Priviledges granted to Physicians in London. of the same, that whereas divers of them ma­ny times having in cure, as well some of the Lords of your most honourable Councill, and divers times many of the Nobility of this Realm, as many other your faithfull and liege People, cannot give their due attendance to them and other their Patients with such diligence as their duty were and is to doe, by reason they be many times compelled, as well with­in the City of London, and suburbs of the same, as in other Towns and Villages, to keep Watch and Ward, and be chosen to the Office of Constable, and other Offices within the said City and suburbs of the same, as in other places within this your Realm, to their great fatigation and unquieting, and to the peril of their Patients, by reason they cannot be conveniently attended: It may therefore please your most Excellent Majesty, with the assent of your Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by authority of the same, to enact, ordain, and establish, That the said President of the Comminal­ty and fellowship for the time being, and the Com­mons and Fellows of the same, and every Fellow [Page 18] thereof that now be, or that at any time hereafter shall be their Successors, and the Successors of every of them, at all time and times after the making of this present Act, shall be discharged to keep any Watch The Physici­ans in London shall be dis­charged to bear cer­tain Offices there. and Ward in your said City of London, or the sub­urbs of the same, or any part thereof; and that they or any of them shall not be chosen Constable, or any other Office in the said City or suburbs. And that if any time hereafter the said President for the time be­ing, or any of the said Commons or Fellows for the time being, by any ways or means be appointed or elected to any Watch or Ward, Office of Constable, or any other Office within the said City or suburbs, the same appointment or election to be utterly void and of none effect; any order, custom, or Law to the contrary before this time used in the said City notwithstanding.

2. And that it may please your most Royal Majesty by the authority aforesaid, that it may be further e­nacted, ordained and established, for the common wealth and surety of your loving subjects of this your Realm, in and for the administration of medi­cines to such your said subjects as shall have need of the same, that from henceforth the said President for the time being, Commons and Fellows, and their Successors, may yearly, at such time as they shall think most meet and convenient for the same, elect and chuse four Persons of the said Commons and Four Physi­cians shall be chosen yearly to search Apo­thecary-wares in London. Fellows, of the best learned, wisest and most discréet, such as they shall think convenient, and have experi­ence in the said faculty of Physick: And that the said four persons so elected and chosen, after a corporal oath to them ministred by the said President, or his Deputy, shall and may, by virtue of this present Act, [Page 19] have full authority and power, as often as they shall think méet and convenient, to enter into the house or houses of all and every Apothecary, now or any time hereafter using the mystery or craft of Apothecary within the said City, onely to search, view, and sée such Apothecary-wares, drugs and stuffs, as the Apo­thecaries, or any of them have, or at any time here­after shall have in their house or houses: And all such wares, drugs and stuffs, as the said four persons shall then find defective, corrupted and not méet nor convenient to be ministred in any Medicines for the health of man's body, the same four Persons calling to them the Wardens of the said mystery of Apothe­caries within the said City for that time being, or one of them shall cause to be brent, or otherwise destroy the same, as they shall think méet by their discretion. And if the said Apothecaries or any of them, at any time hereafter, do obstinately or willingly refuse or deny the said four persons yearly elected and chosen, as is beforesaid, to enter into their said house or houses for the causes, intent and purpose before rehearsed; That then they and every of them so offending contrary to The forfei­ture of an Apothecary that refuseth to have his house sear­ched. this Act, for every time that he or they do so offend, to forfeit C. s. the one half to your Majesty, and the other half to him that will sue for the same by Action of debt, bill, plaint, or information, in any of the King's Courts, wherein no wager of Law, essoin, or Stat. 1 M. 9. protection shall be allowed: And if the said four per­sons or any of them so elected and chosen as before is said, do refuse to be sworn, or after his said oath to him or them administred, do obstinately refuse to The forfei­ture of such as being e­lect refuse to be sworn or to make search. make the said search and view once in the year at such time as they shall think most convenient by their dis­cretions, having no lawfull impediment by sickness [Page 20] or otherwise to the contrary; That then for every such wilful and obstinate default every of the said four persons making default to forfeit fourty shillings.

3. And forasmuch as the science of Physick doth comprehend, include and contain the knowledge of Surgery, as a special member and part of the same, Therefore be it enacted, That any of the said Com­pany or Fellowship of Physicians, being able, chosen Any of the Physicians in London may practise Sur­gery. and admitted by the said President and Fellowship of Physicians, may from time to time, as well with­in the City of London, as elsewhere within this Realm, practise and exercise the said science of Phy­sick in all and every his members and parts; any Act, Statute or Provision made to the contrary notwith­standing.

32 H. 8. C. 42.
For Barbers and Surgeons.

THE King our Sovereign Lord, by the advice of his Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the authority of the same, by all the common assents, duly pondering, among other things neces­sary for the common wealth of this Realm, that it's very expedient and néedful to provide for men expert in the science of Physick and Surgery, for the health of mans body, when infirmities and sickness shall happen, for the due exercise and maintenance whereof, [Page 21] good and necessary Acts be already made and provi­ded: Yet nevertheless, forasmuch as within the City of London, where men of great experience, as well in speculation as in practice of the science and faculty of Surgery, be abiding and inhabiting, and have The authori­ty and liber­ties of Bar­bers and Sur­geons in Lon­don being made of one Company. more commonly the dayly exercise and experience of the same science of Surgery, than is had or used within any parts of this Realm; and by occasion thereof many expert persons be brought up under them as their servants, Apprentices and others, who by the exercise and diligent information of their said Masters, as well now as hereafter, shall exercise the said science within divers other parts of this Realm, to the great relief, comfort and succour of much People, and to the sure safeguard of their bo­dily health, their limbs and lives: And forasmuch as within the said City of London there be now two se­veral and distinct Companies of Surgeons, occupy­ing and exercising the said science and faculty of Sur­gery, the one Company being commonly called the Barbers of London, and the other Company called the Surgeons of London; which Company of Bar­bers be incorporated to sue and be sued by the name of Masters or Governours of the Mystery or Comminalty of the Barbers of London, by virtue By whom and at what time the Barbers of London were incorporate. and authority of the Letters Patents under the great Seal of the late King of famous memory, King Edward the fourth, dated at Westminster the four and twentieth day of February, in the first year of his Reign, which afterward, as well by our most dread Sovereign Lord, as by the right noble and virtuous Prince, King Henry the seventh, Father unto the King's most excellent Highness, now being, were and be confirmed, as by sundry Letters Patents [Page 22] thereof made, amongst other things in the same con­tained more at large may appear; and the other Company called the Surgeons, be not incorporate, nor have any manner Corporation: which two seve­ral and distinct Companies of Surgeons were neces­sary to be united and made one body incorporate, to the intent that by their union and often assembly to­gether, The benefit like to ensue by joyning the Barbers and Surge­ons in one Company. the good and due order, exercise and know­ledge in the said science or faculty of Surgery, should be as well in speculation as in practice, both to them­selves, and all other their said servants and Appren­tices, now and hereafter to be brought up under them, and by their learning, and diligent and ripe informa­tions, more perfect, spéedy and effectual remedy should be, than it hath béen, or should be if the said two Companies of Barbers and Surgeons should conti­nue severed asunder, and not joyned together, as they before this time have béen, and used themselves, not medling together: Wherefore in consideration of the Premises, Be it enacted by the King our So­vereign Lord, and by the Lords spiritual and tempo­ral, and by the Commons in this present Parliament assembled, and by the authority of the same, That the said two several and distinct Companies of Sur­geons, that is to say both the Barbers and the Sur­geons, and every person of them, being a Frée-man of either of the said Companies after the custom of the said City of London, and their Successors, from henceforth immediately be united, and made one en­tire The Barbers and Surge­ons of Lon­don made one Compa­ny and in­corporated. and whole Body Corporate, and one Comminal­ty perpetual which at all times hereafter shall be cal­led by the name of Masters or Governours of the Mystery and Comminalty of Barbers and Surgeons of London for evermore, and by none other name: [Page 23] And by the same name to implead, and be impleaded before all manner of Iustices, in all Courts, in all manner of Actions and Suits: And also to purchase, enjoy and take, to them and to their Successors, all manner of Lands, Tenements, Rents, and other Possessions whatsoever they be: And also shall have a common Seal, to serve for the business of the said Company and Corporation for ever. And by the same name, peaceably, quietly and indefeizably shall have, possess and enjoy, to them and to their Suc­cessors for ever, all such Lands and Tenements, and other Hereditaments whatsoever, which the said Com­pany or Comminalty of Barbers have and enjoy, to the use of the said Mystery and Comminalty of Barbers of London: And also shall peaceably and quietly have and enjoy all and singular Benefits, Grants, Liberties, Priviledges, Franchises and frée Customs, and also all manner of other things at any time given or granted unto the said Companies of Barbers or Surgeons, by whatsoever name or names they or any of them were called, and which they or any of them now have, or any of their Pre­decessors have had, by Acts of Parliament, Letters Patents of the King's Highness, or other his most noble Progenitors, or otherwise by any lawfull means had at any time afore this present Act, in as large and ample manner and form, as they or any of them have, had, might or should enjoy the same, this union or conjunction of the said Companies to­gether notwithstanding: And as largely to have and enjoy the premises, as if the same were, and had béen specially and particularly expressed and declared with the best and most clearest words and terms in the Law, to all intents and purposes: And that [Page 24] all persons of the said Company now incorporate by this present Act, and their Successors that shall be lawfully admitted and approved to occupy Surge­ry, after the form of the Statute in that case ordai­ned The Barbers and Surge­ons in Lon­don shall be exempt from bear­ing of armes, or to be in Watches or Inquests. 5 H. 8. 6. and provided, shall be exempt from bearing of Armour, or to be put in any Watches or Inquests: And that they and their Successors shall have the search, oversight, punishment and correction as well of Fréemen as of foreign, for such offences as they or any of them shall commit, or doe against the good order of Barbery or Surgery, as afore this time among the said Mystery and Company of Bar­bers of London hath béen used and accustomed, ac­cording 19 H. 7. 7. to the good and politick Rules and Ordinan­ces by them made and approved by the Lords Chan­cellor, Treasurer, and two Chief Iustices of either Bench, or any thrée of them, after the form of the Statute in that case after ordained and provided.

2. And further be it enacted by the authority afore­said, That the said Masters or Governours of the Mystery and Comminalty of Barbers, and Surge­ons of London; and their Successors yearly for ever after their said discretions, at their frée liberty and pleasure shall and may have and take without contra­diction, The Surge­ons may take yearly four con­demned Per­sons for A­natomies. four persons condemned, adjudged, and put to death for felony by the due order of the King's Laws of this Realm, for Anatomies, without any further suit or labour to be made to the King's High­ness, his Heirs or Successors for the same; And to make incision of the same dead bodies, or otherwise to order the same, after their said discretions, at their pleasures, for their further and better know­ledge, instruction, insight, learning and experience in the said Science or faculty of Surgery: Saving [Page 25] unto all persons, their heirs and successors, all such right, title, interest and demand, which they or any of them might lawfully claim to have in or to any of the lands and tenements, with the appurtenances, belonging unto the said Company of Barbers and Surgeons, or any of them at any time afore the making of this Act, in as ample manner and form as they or any of them had or ought to have had heretofore; Any thing in this present Act com­prised to the contrary hereof in any wise notwith­standing.

3. And forasmuch as all persons using of the My­stery or faculty of Surgery, oftentimes meddle and take into their cure and houses, such sick and diseased persons as been infected with the Pestilence, great Pocks, and such other contagious infirmities, do use or exercise Barbery, as washing or shaving, and other feats thereunto belonging, which is very peril­lous for infecting the King's liege People resorting to their shops and houses, there being washed or sha­ven: Wherefore it is now enacted, ordained and provided by the Authority aforesaid, That no man­ner No Barber in London shall use Surgery. person within the City of London, Suburbs of the same, and one mile compass of the said City of London, after the feast of the Nativity of our Lord God next coming, using any Barbery or Shaving, or that hereafter shall use any Barbery or Shaving within the said City of London, Suburbs, or one mile circuit of the same City of London, he nor they, nor none other for them, to his or their use, shall occupy any Surgery, letting of bloud, or any other thing belonging to Surgery, (drawing of téeth onely except.) And furthermore in like manner, whosoever that useth the Mystery or Craft of Sur­gery [Page 26] within the circuit aforesaid, as long as he shall No Surgeon in London shall use the craft of sha­ving. fortune to use the said Mystery or Craft of Sur­gery, shall in no wise occupy nor exercise the Feat or Craft of Barbery or Shaving, neither by himself, nor by none other for him, to his or their use: And moreover, that all manner of Persons using Sur­gery for the time being, as well Fréemen as Fo­reigns, Aliens and Strangers within the said City of London, the Suburbs thereof, and one mile com­pass of the same City of London, before the Feast of St. Michael the Archangel next coming, shall have an open Sign on the Stréet side where they Every Sur­geon in London shall have a Sign at his door. shall fortune to dwell, that all the King's liege peo­ple there passing by, may know at all times whither to resort for their remedies in time of necessity.

4. And further be it enacted by the authority afore­said, That no manner of person after the said feast None shall be a Barber in London but a Free­man of that Company. of St. Michael the Archangel next coming, presume to kéep any Shop of Barbery or Shaving within the City of London, except he be a fréeman of the same Corporation and Company.

5. And furthermore at such times as have béen heretofore accustomed, there shall be chosen by the same Company, four Masters or Governours of the Four War­dens shall be chosen and their autho­rity. same Corporation or Company, of the which four, two of them shall be expert in Surgery, and the other two in Barbery; Which four Masters, and every of them, shall have full power and authority from time to time, during their said office, to have the oversight, search, punishment and correction of all such defaults and inconveniencies as shall be found among the said Company using Barbery or Surgery, as well of Fréemen as Foreigns, Aliens and Strangers, within the City of London, and [Page 27] the circuits aforesaid, after their said discretions: And if any person or persons using any Barbery or Surgery, at any time hereafter offend in any of these Articles aforesaid; then for every month the said Persons so offending, shall lose, forfeit and pay The forfei­tures of the Offenders. five pounds, the one moiety thereof to the King our Sovereign Lord, and the other moiety to any per­son that will or shall sue therefore by action of debt, bill, plaint or information in any the King's Courts, wherein no Wager of Law, Essoin or Protection shall be admitted or allowed in the same.

6. Provided that the Barbers and Surgeons, and every of them, shall bear and pay lot and scot, and such other charges as they and their predeces­sors have béen accustomed to pay, within the said Ci­ty of London; This Act nor any thing therein con­tained to the contrary hereof in any wise notwith­standing.

7. Provided alway, and be it enacted by Authority aforesaid, That it shall be lawfull to any of the Any person may keep a Barber or Surgeon as his Servant. King's subjects, not being Barber or Surgeon, to retain, have and kéep in his house, as his ser­vant, any person being a Barber or Surgeon, which shall and may use and exercise those arts and facul­ties of Barbery or Surgery or either of them, in his Master's house or elsewhere by his Master's li­cence or commandment; Any thing in this Act a­bove-written to the contrary notwithstanding.

34, 35 H. 8. C. 8.
A Bill that persons being no common Surgeons, may minister Medicines, notwithstanding the Statute.

WHERE in the Parliament holden at West­minster, in the third yeare of the King's Any person being no common Surgeon may minister out­ward Medi­cines. most gracious Reign, amongst other things, for the avoiding of Sorceries, Witchcrafts and other in­conveniencies, it was enacted, That no person with­in the City of London, nor within seven miles of the same, should take upon him to exercise and oc­cupy as Physician or Surgeon, except he be first examined, approved and admitted by the Bishop of London and other, under and upon certain pains and penalties in the same Act mentioned: Sithence the making of which said Act, the Compa­ny By what means the Surgeons of London have abused the Statute of 3 H. 8. 11. for their own gain. and Fellowship of Surgeons of London, mind­ing onely their owne lucres, and nothing the profit or ease of the diseased or Patient, have sued, trou­bled and vexed divers honest persons, as well men as women, whom God hath endued with the know­ledge of the nature, kind and operation of certain Herbs, Roots and Waters, and the using and mi­nistring of them, to such as béen pained with cu­stomable diseases, as Womens Breasts being sore, a Pin and the Web in the Eye, Vncomes of hands, Scaldings, Burnings, Sore mouths, the Stone, Strangury, Saucelim and Morphew, and such o­ther like diseases: And yet the said persons have not taken any thing for their pains or cunning, but have [Page 29] ministred the same to poor people onely for neighbour­hood and God's sake, and of pity and charity. And it is now well known, that the Surgeons admitted will do no Cure to any Person, but where they shall know to be rewarded with a greater Sum or re­ward then the Cure extendeth unto; for in case they would minister their cunning unto sore people unre­warded, there should not so many rot and perish to death for lack of help of Surgery as dayly do: but the greater part of Surgeons admitted, béen much more to be blamed then those persons that they trouble.

2. For although the most part of the persons of the said Craft of Surgeons have small cunning, yet they will take great sums of money, and do little therefore, and by reason thereof they do oftentimes impair and hurt their Patients, rather then do them good. In consideration whereof, and for the ease, comfort, succour, help, relief and health of the King's poor Subjects, inhabitants of this his Realm, now pained or diseased, or that hereafter shall be pained or diseased;

3. Be it ordained, established and enacted by the authority of this present Parliament, That at all It shall be lawfull for any person to cure out­ward sores notwithstan­ding the Sta­tute of 3 H. 8. 11. time from henceforth it shall be lawfull to every per­son being the King's subject, having knowledge and experience of the nature of Herbs, Roots and Waters, or of the operation of the same, by specu­lation or practice within any part of the Realm of England, or within any other the King's dominions, to practise, use and minister in and to any outward sore, uncome, wound, apostemations, outward swelling or disease, any herb or herbs, oyntments, baths, pultes and emplaisters, according to their [Page 30] cunning, experience and knowledge in any of the dis­eases, sores and maladies beforesaid, and all other like to the same, or drinks for the Stone and Stran­gury, or Agues, without suit, vexation, trouble, penalty, or loss of their goods, the foresaid Statute in the foresaid third year of the King's most gracious Reign, or any other Act, Ordinance or Statute to the contrary hereof made, in any wise notwithstan­ding.

1 Q. M. according to the Exemplification.
Sessio 2. C. 9.
An Act touching the Corporation of the Physicians in London.

CAROLUS SECUNDUS Dei gratia Anglie Scotie Francie & Hibernie Rex fidei defensor, &c. Omnibus ad quos presentes litere pervenerint Salutem. Inspeximus irrotulament' cujusdam Actus Parliamen' Domine Marie nuper Regine Anglie tent' per proro­gationem apud Westm' vicesimo quarto die Octobris Anno Regni sui primo & ibidem continuat' usque in sextum diem Decembris Anno predict' quo die dissolu­tum erat in Cur' Cancellar' nostre irrotulat' ac ibidem de Recordo remanen' in hec verba. Exhibita est Re­gie Majestati in Parliamento predicto Billa quedam formam Actus in se continens.

[Page 31] Where in the Parliament holden at London the fif­téenth day of April in the fourtéenth yeare of the Reigne of our late Soveraigne Lord King Henry th' eighte and from thence adjourned to Westminster the last day of July in the fiftéenth yere of the Reigne of the same King and ther holden It was enacted that a certayne graunte by Letters Patentes of Incorporation made and graunted by our said late King to the Phisitions of London and all Clauses and Articles conteined in the same Graunte should be approved graunted rati­fied and Confirmed by the same Parliament: For the consideration thereof Be it enacted by authoritie of this present Parliament that the said Statute A confirma­tion of the Statute of 14 H. 8. 5. touching the corporation of Physicians in London. or Act of Parliament with every Article and Clause therein conteyned shall from henceforth stand and continue still in full strengthe force and effect Any Acte Statute Lawe Custome or any other thing made had or used to the contrarye in any wise not­withstanding. And for the better reformation of di­vers Enormities happening to the Common Welth by the evil using and undue administration of Phi­sicke and for the enlarging of further Articles for the better execution of the things conteyned in the said Graunt enacted Be it therefore now enacted That whensoever the President of the Colledge or Commonaltie of the facultie of Phisicke of Lon­don for the time being or such as the said President and Colledge shall yerely according to the tenour and meaning of the said Acte authorise to search exa­mine correct and punishe all Offendours and Trans­gressours in the said facultie within the same Cittie and precincte in the said Acte expressed shall send or commit any such Offendour or Offendours for his or theire Offences or disobedience contrary to any Ar­ticle [Page 32] or Clause conteyned in the said Graunte or Acte Whosoever shall be committed to Prison by the Presi­dent of the Colledge of Physicians in London shall be received and kept thereby. to any Ward Gayle or Pryson within the same Cit­tie and Precincte The Towre of London except That then from time to time the Warden Gailour or Keeper Wardenns Geylours or Kéepers of the Wards Gayles or Prisons within the Cittie and Precincte aforesaid (Except before excepted) shall receive into his or theire Prisons All and every suche Persone and Persons soe offending as shall be soe sent or committed to him or them as is aforesaid and ther shall safely kéepe the Person or Persons soe committed in any of theire Prisons att the pro­per Costs and Charges of the said person or per­sons so committed without Baile or Maineprise un­till such time as such offender or offenders or disobe­dientes be discharged of the said Imprisonment by the said President and such Persons as by the said Colledge shall be thereunto authorised upon payne that all and every such Wardeyn Gaylor or Kéeper doeing the contrary shall lose and forfeite the dou­ble of such fine and amerciament as such Offender and Offenders or disobedientes shall be assessed to pay by suche as the said President and Colledge shall The offen­dours forfei­ture and who shall have it and by what meanes. authorise as aforesaid So that the same fine and a­merciament be not att any one tyme above the summe of Twenty pounds The moytie thereof to be employed to th' use of our Soveraygne Ladye the Quéene her Heires and Successoures Th' other moi­tie unto the said President and Colledge. All whiche forfeitures to be recovered by action of Debt Bill Plainte or Information in any of the Quéenes her Heires and Successoures Courtes of Recordes against any such Wardeyn Gaylour or Kéeper soe of­fending In whiche suite no Essoigne Wager of [Page 33] Law nor protection shall be allowed ne admitted for the defendant. And further be it enacted by th' au­thoritie aforesaid for the better execution of the searche and view of Poticarye Wares Drugges and Searching in London for Apothecary wares. Compositions according to the tenour of a Statute made in the Two and thirtieth yeare of the Reigne of the said late King Henry th' eight That it shall be lawfull for the Wardeins of the Grocers or one of them to goo withe the sayd Physitions in their view and searche That if the said Wardein or Wardeins doo refuse or delaye his or their coming thereunto furthwithe and immediatelye when the said Presi­dent or foure of his Colledge electe as aforesaid do call upon him or them That then the said Physitions maye and shall execute that searche and viewe and the due Punishment of the Poticaries for any their evil and fawty stuffe according to the Statute last before mentioned without th' assistance of any of the said Wardeines Any Clause in th' aforenamed Sta­tute to the contrary hereof notwithstanding. And every suche Person or Persons as will or shall re­sist The penalty for resisting of search of Apothecary wares. suche searche shall forfeite for every such resis­tance Tenne Poundes the same Penaltie to be re­covered in fourme aforesaid without any of the de­layes aforesaid to be had in suite thereof.

And further be it enacted That all Iustices Other Magi­strates shall assist the Physicians in their search. Maiors Shrieffes Bailiefes Constables and other Ministers and Officers within the Cittie and pre­cinct abovewritten upon request to them made shall helpe aide and assist the President of the said Col­ledge and all persons by them from time to time au­thorised for the due execution of the said Acts or Sta­tutes upon paine for not giving of such aide helpe and assistance to ronne in contempte of the Quéenes Maje­stie her Heires and Successoures.

[Page 34] Cui quidem Bille perlecte & ad plenum intellecte per dictam dominam Reginam ex authoritate Parlia­menti predicti sic responsum est, La Reigne le veult. Nos autem tenorem premissorum ad requisitionem Georgii Ent Militis Presiden' Collegii Medicorum London' per presentes duximus Exemplificand'. In cujus rei Testimonium has literas nostras fieri fecimus Patentes. Teste meipso apud Westmonaster' decimo tertio die Julii Anno Regni nostri Vicesimo sexto.

Grimston Ha.

Examinat' per nos Lacon Wm Childe & Miles Cooke in Cancellaria Magistrorum duos.

Q. Elizabeth's Charter for Anatomies.

ELIZABETH dei gratia Anglie Francie & Hiber­nie Regina fidei defensor, &c. Omnibus ad quos presentes Litere pervenerint Salutem. Cum Preclarissime memorie Pater noster Henricus octavus nuper Rex Anglie inter nonnullas alias in commodum & utilitatem regni sui Anglie preclare admodum san­citas & stabilitas Ordinationes saluti subditorum suo­rum summopere invigilans per Litteras suas Patentes Collegium perpetuum quorundam gravium virorum medicorum qui medicinam in Urbe sua Londino & [Page 35] Suburbiis ejusdem intraque septem miliaria ab ea Urbe quaqua versus publice exercerent instituerit & incor­poraverit eos in Corpus corporatum & Politicum per nomen President' supple & Collegii seu Communitat' facultatis medicine Londini & concesserit eidem Presidenti rect. & Col­legio sive Communita­ti Col­legii sive Communitatis predicte & successoribus suis diversas libertates & privilegia QUAS Litteras Pa­tentes ac omnia in eis contenta idem Pater noster non solum per Senatus consultum seu Parliamentum suum tentum Annis quartodecimo & quintodecimo regni sui confirmavit Sed eciam per idem statutum in multis adauxit & amplificavit QUODQUIDEM pium in­stitutum dicti Patris nostri quandoquidem in rei pub­lice commoditatem cessit manifestam & in majorem indies cessurum verosimile sit si nos quod rem medicam profitentibus maxime necessarium est concesserimus predictis Presidenti & Collegio Collegii sive Communitati pre­dicte & successoribus suis imperpetuum quotannis que­dam humana corpora ad anatomizandum ut informa­mur Sciatis quod nos non modo preclaram institu­tionem dicti Patris nostri merito recolentes verum eci­am regii officii nostri munus arbitrantes regiminis no­stri Subditorum incolumitati saluti & securitati quan­tum in nobis est providere de gratia nostra speciali ac ex certa sciencia & mero motu nostris concessimus ac per presentes pro nobis heredibus & successoribus no­stris concedimus prefato Presidenti Collegii sive Communi­tatis Com­munitati facultatis medicine Londini predict' & suc­cessoribus suis sive eorum assignatis quod habeant & accipiant annuatim Temporibus futuris imperpetuum una vice vel diversis Anni vicibus ad discrecionem vo­luntatem & libertatem predict' Presidentis pro tem­pore existen' & successorum suorum Unum duo tria vel quatuor corpora humana ad discindend' & ana­tomizand' [Page 36] quod jure publico hujus regni furti homicidii vel cujuscum (que) felonie condemnatum & mortuum fuerit vel que jure publico hujus regni furti homicidii vel cu­juscum (que) felonie condemnat' & mort' fuerint infra Comi­tatum Midd' vel infra Civitatem London' predictam vel alibi ubicum (que) infra sedecim miliaria predict' Civitatis prox' in quocum (que) Comitatu sine impedimento nostri heredum vel successorum nostrorum aut Vicecomitum Ballivorum Servient' ad clavam seu aliorum Officiario­rum aut Subditorum nostrorum quorumcunque sive eo­rum alicujus ET QUOD licebit eidem Presidenti Collegii & Communi­tatis Communitati predict' & successoribus suis & aliis quibuscumque eorum assignatis medicine pro­fessoribus seu expertis eadem corpora secare dividere & aliter pro voluntate & judicio suo cum ea reverencia que humane carni debetur tractare ad incrementum cognicionis medicine experimentum ejusdem & ad sa­lutem ligeorum nostrorum sine contradictione alicujus ET hoc absque ulla pecuniarum summa vel ullis pecu­niarum summis pro eisdem reddend' seu cuicumque solvend' PROVISO semper quod cum hujusmodi anatomia de tempore in tempus transacta & perfecta fuerit predicta corpora sumptibus ipsorum Presidentis & successorum suorum debitis exequiis & sepulture committantur. EO QUOD expressa mencio de vero valore Annuo aut de aliquo alio valore vel certitudine premissorum sive eorum alicujus Aut de aliis donis sive concessionibus per nos vel per aliquem progenitorum nostrorum prefatis Presidenti & Collegio Collegii sive Commu­nitati facultatis medicine Londini ante hec tempora factis in presentibus minime fact' existit Aut aliquo Statuto Actu ordinatione proclamatione provisione sive restrictione inde in contrarium habit' fact' edit' ordinat' sive provis Aut aliqua alia re cau­sa [Page 37] vel materia quacumque in aliquo non obstante. IN CUJUS rei testimonium has litteras nostras fieri fecimus Patentes. TESTE me ipsa apud Westmona­sterium vicesimo quarto die Februarii Anno regni no­stri Septimo.

Per breve de privato Sigillo, &c. Nailour.

A Royall Charter granted to the Colledge of Physicians 8 Octob. 15 Jac.

JAMES by the grace of God King of England Scot­land Preamble. France and Ireland defendor of the faith, &c. To all to whom these Presents shall come greeting. WHEREAS our most noble and renowned Prede­cessor King Henry the Eighth late King of this our Realme of England in his Princely wisdome deepely considering and by the example of foreign well go­verned States and Kingdomes truly understanding how profitable beneficial and acceptable it would be unto the whole bodie of this Kingdome of England to restraine and suppresse the excessive number of such as daily professed themselves learned and profound practisers in the facultie of Physicke whereas in truth they were men illiterate and unexperienced rather propounding unto themselves their private gaine with the detryment of this Kingdome 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 [Page 38] practisers in that facultie should receive more bounti­full reward and alsoe the industrious Students of that profession would be the better encouraged in their stu­dies and endeavours.

For these and many other weightie motives causes and considerations our Royall and Princely Prede­cessor Recitall of the Patent of Incorporati­on. King Henry the Eighth by his Letters Patents bearing date at Westminster the three and twentieth day of September in the Tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establish a Colledge Comminaltie or In­corporation of Physicians in the Citie and Suburbes of London and for seaven miles every waye in di­stance from the same to be remaine and have existence for ever. And by the same Letters Patents our fore­said noble Predecessor did further give and graunt unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound Practisers in the said facultie of Physick in the foresaid Citie of London that they and all of the said facultie of Phy­sick of and in the foresaid Citie of London should for ever from thenceforth be in name and deed one Bodie Comminaltie and Colledge.

And further by the said Letters Patents did give and graunt unto the said Colledge and Comminaltie full power abilitie and authoritie for ever annually to elect and make one of the said Colledge or Commi­nalty to be President of the said Colledge Corporation and Comminaltie. And that the said President soe elected and made and the said Colledge and Commi­naltie should have perpetuall succession and a Com­mon Seal for the behoofe and benefitt of the said Pre­sident Colledge and Comminaltie and their Succes­sors for ever.

[Page 39] And also by the said Letters Patents did further give and graunt unto the said President Colledge and Comminaltie and their Successors divers and sundry other libertyes Priviledges Immunityes power abilitye and authority not onely to and for the benefitt advantage and commodity of the foresaid President Colledge and Commonaltie and their Successors but also for the more certaine and easyer discovery speedy restraint and certain repressing of the before mention­ed unskilfull and illiterate Practisers in the said facul­tie of Physick as aforesaid As by the foresaid Letters Patents remayning of record amongst other thinges therein conteyned more plainely and fully it doth and may appeare. Which said Letters Patents and all And that the same was confirmed by Act of Parliament. and every graunt article and other thing conteyned and specified in the same were by Act of Parliament made in the fourteenth yeare of the Raigne of our said noble Predecessor King Henry the eighth appro­ved graunted ratified and confirmed and cleerely au­thorized and admitted by the same good lawfull and availeable to the said Bodie corporate and their Suc­cessors for ever And that the best construction that might be invented should be made thereof and of every part and parcell thereof for the best benefitt behoofe power and authority of the foresaid President Col­ledge and Corporation of Physicians as afore­said.

And further by other severall Acts of Parliament divers and sundry other priviledges liberties ability power and authoritie are and were established ordayn­ed And whereas by other Acts other Privi­ledges are given, and yet divers Enor­mities a­bound; given and graunted unto the said President Col­ledge and Corporation of Physicians and their Suc­cessors As by the said severall Acts of Parliament thereof made more fully and at large it doth and [Page 40] may appeare. Sithence the making of which said Letters Patents and severall Acts of Parliament wee doe nevertheless daily finde that divers enormities and abuses not as yet sufficiently provided for and re­formed doe abound and increase to the apparent da­mage of us and our loving Subjects of this our Realm of England by and through the unskilfulness fraud and deceipt of Physicians Apothecaries Drug­gists and such like and are likely much more to abound unless timely and festine remedie be by us provided and applyed for the curing of soe publique a dis­ease.

KNOW ye therefore that we gratiously affecting soe pious and charitable a work and intending hereby a His Majestie hereby more full and perfect reformation of the said abuses grievances and enormities which these latter times have abundantly brought forth in this our Realme out of our princely disposition and care for the re­pressing thereof and of our special grace certaine knowledge and meere motion at the humble petition as well of our trustie and well-beloved Henry Atkins Doctor in Physick now President of the said Colledge and one of our Physicians Theodorus de Mayerne Doctor in Physicke one other of our Physicians Thomas Mondford and Edward Lister Doctors of Physick Fellows and Elects of the said Colledge as of other the Doctors of the said Colledge Have gi­ven graunted ratifyed approved allowed and confirm­ed and by these presents doe for us our heires and successors give graunt ratifie approve allowe and con­firme Approves of and confirms the Premises. unto the foresaid President and Colledge or Comminalty and their Successors the said Letters Patents of our said noble Predecessor King Henry the Eighth heerein before mentioned and every Article [Page 41] clause guift and graunt therein conteyned and not heerein altered for the honour peace and quiet of the said Colledge And that the said President and Col­ledge or Comminaltie and their Successors shall and may for ever hereafter have receive take reteyne keep use exercise and enjoy all and singular such rightes titles liberties priviledges immunities freedomes ex­ecutions abilitye power authoritie and other things as by the said Letters Patents or by any Acts of Parlia­ment are or were given graunted or confirmed or were thereby mentioned or intended to be given graunted or confirmed notwithstanding the not using misusing or abusing of the same And that the same Letters Patents and every Article and Clause theerein con­teyned shalbe adjudged taken and construed most be­nignely and favourably to and for the best benefitt a­vayle and advantage of the foresaid President and Colledge or Comminaltie or their Successors Any Ordinance Custome or usage to the contrary in any wise notwithstanding. And whereas our said noble Predecessor by the foresaid Letters Patents (amongst other things theerein conteyned) hath given and graunted unto the foresaid President and Colledge or Comminalty and their Successors and thereby expressely appointed and provided that noe person whatsoever should exercise the said facultie of Phy­sick within the foresaid Citie of London or within sea­ven miles in Circuit thereof unless the said person should first be admitted to doe the same by the fore­said President and Colledge or Comminaltie or their Successors by Letters Testimoniall of the said Pre­sident and Colledge or Comminaltie sealed with their Common Seal upon paine of forfeyting of five pounds for every moneth wherein the said person [Page 42] should exercise the said facultie being not admitted thereunto The one half thereof to be forfeyted and given to our said Predecessor his heires and successors the other half thereof to be forfeyted and given to the said President and Colledge or Comminaltie and their Successors as by the said Letters Patents maie appeare:

NOW KNOW yee that Wee in our Princely wis­dome deepely considering how needfull it is and will bee that all and singular person and persons practi­sing or exercising the said facultie of Physick contra­rie to the intent and true meaning of the foresaid Letters Patents shalbe duely and condignely punished And for the better encouragement of the foresaid Pre­sident and Colledge or Comminaltie and their Suc­cessors to sue for the said penaltie of five pounds spe­cified and mentioned by the said Letters Patents of our speciall grace certaine knowledge and meere mo­tion have given and graunted and by these presents for us our heires and successors doe give and graunt unto the said President and Colledge or Comminaltie and their Successors full power and lawfull authori­tie Power to sue for the Pe­nalties; in the name of us our heires and successors or other­wise in their owne name by the name of the President and Colledge of the facultie of Physick within the Citie of London in any our Courts of Record or in any other place or places within this our Realme ac­cording to our Lawes to sue for recover and have execution of and for all and singular such peualties forfeytures summe and summes of money as now are or hereafter from time to time shall accrewe or growe due unto us our heires or successors or to them by force or virtue of the foresaid Letters Patents or any the said Statutes or any Clause or thing in them [Page 43] or in these presents conteyned other then the recogni­zance hereafter expressed or by reason or meanes of any Offence or Misdemeanor whatsoever committed perpetrated or done or hereafter to be committed perpe­trated or done contrary to the intent and meaning thereof. And after the same shalbe duely recovered levied or received as aforesaid we will and by these presents for us our heires and successors doe give and And to re­tayne them to their owne use. graunt the same penalties forfeytures and summes of money and every part and parcell thereof to the said President and Colledge or Comminaltie and their Successors to be reteyned had taken converted and enioyed to their sole and proper use benefitt and be­hoofe without rendring making or yeilding unto us our heires or successors any parte or parcell thereof or any rent accompt or recompence for the same other then the yearely rent hereafter by these presents re­served The said Letters Patents or any the said Statutes before mentioned or any clause article or reservation in them or any of them conteyned to the contrary hereof in any wise notwithstand­ing.

And Wee doe further by these Presents of our especiall grace certaine knowledge and meere motion for us our heires and successors give and graunte unto the foresaid President and Colledge or Commi­naltie and their Successors That the four persons to be annually chosen by the said President and Col­ledge or Comminaltie for the time being and their Successors according to the intent and meaning of the foresaid Letters Patents of our said Predecessor King Henry the eighth now commonly called the four Censors of the said Colledge or any three of them for the time being shall have full power and [Page 44] lawfull authoritie at all time and times hereafter when and as often as to the said four Censors or any three Power to the Censors to examine and Correct Phy­sicians, Apo­thecaries, &c. and their Medicines; of them shall seeme requisite and convenient to exa­mine survey governe correct and punishe all and sin­gular Physitians and practisers in the facultie of Phy­sick Apothecaries Druggists Distillers and Sellers of waters or oyses Preparers of Chymical Medi­cynes to be sold or impsoyed for gaine and all and every other person and persons practising in the same facultie or using the art or mysterie of an Apothecary or the Trade or Crafte of a Druggist Distiller Pre­parer or Seller of any Oyles Waters or Medicynes as aforesaid or that shall sell or put to sale any Stuffs Druggs Oyles Waters or Medicynes or other thing whatsoever fit apte and used or pretended to be fit apte and used for Medicine either simple or com­pounded at or in any place or places within the fore­said Citie and Suburbs of London or within seaven And to pu­nish them by fine, impri­sonment or otherwise. miles of the same by fines amerciaments and Impri­sonments and by other lawfull wayes and meanes ac­cording as the nature and qualitie of his or their of­fence or offences in the Premises shall deserve or re­quire.

And we doe further of our like especiall grace cer­taine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid Pre­sident and Colledge or Comminaltie and their Suc­cessors and doe by these Presents declare oux will and Power grant­ed to the Censors to call before them Physi­cians and ex­amine them, and to fine them that refuse to come. pleasure to be That the said four Censors of the fore­said Colledge for the time being or any three of them for ever hereafter when and as often as to the said Censors or any three of them shall seeme meete and convenient shall have full power and authoritie to send for summon convent and cause to appeare and come [Page 45] before them the said four Censors for the time being or any three of them all and every Physitian and Physitians practiser and practisers in the said facultie of Physick within the foresaid Citie and Suburbs of London or within seaven miles thereof at such times and places as by the said Censors or any three of them shalbe reasonably lymited prefixed and appointed And to examine them concerning their skill or practise of the said facultie of Physick and their manner of prac­tise therein. And if any Physitian or Practiser in the said facultie of Physick upon reasonable summons and garnishment to be made and given in that be­half shall make default and not appeare before the said Censors or any three of them at such time and place as by the said Censors or any three of them shalbe reasonably limited prefixed and appointed or shall refuse to answere or to be examined as aforesaid That then and soe often the said four Censors for the time being or any three of them shall and may law­fully assesse and impose a reasonable penaltie fine or amerciament upon every or any such delinquent or offendor for every severall default of appearance made upon severall summons or for every severall refusall to answere or to be examined as aforesaid at severall times upon severall appearances made Soe as the same penaltie fine or amerciament soe to be imposed for any one default of appearance or refusall to an­swere or to be examined as aforesaid doe not at any one time exceed the summe of fortie shillings of Cur­rant English money. And if any person or persons soe summoned or warned as aforesaid doe make his or their personall appearance before the foresaid Censors at such time and place as is or shalbe lymited and ap­pointed as aforesaid and it shall then and there ap­peare [Page 46] unto the said Censors that such person or per­sons hath or have administred or prescribed Medicine or Physick unto any person or persons or hath or have practised in the said facultie of Physick at any one or more time or times within the foresaid Citie or Sub­urbes of London or within seaven miles thereof with­out admission and licence first had and obteyned of and from the said President and Colledge or Comminal­tie or their Successors by Letters testimoniall under their Common Seale according to the meaning of the Letters Patents before mentioned Then it shall To impose a fine upon such as prac­tise without licence, and to imprison them. and maie be lawfull to and for the said four Cen­sors or any three of them to assesse and impose a reasonable penaltie fine or amerciament upon every suche person and persons soe practising for everie such his and their offence and default in that be­halfe Soe as the same exceed not the summe of three pounds of lawfull English money and to imprison him by the space of seaven dayes or un­der for such his offence and not to deteyne him in prison any longer unless he shall not have made satisfaction and payment of the same fine soe im­posed upon him for the same offence In which case it shall be lawfull to deteyne him in prison untill the same fine be satisfied. And if it shall then and there appeare unto the said Censors or any three of them as aforesaid that any such person or persons soe making his or their appearance hath at any time ad­ministred or prescribed any noysome unwholsome or unfitt Medycine or Physick unto any person or per­sons within the lymitts aforesaid Then the said Cen­sors shall and maie from time to time punish the said delinquent or offendor by reasonable amerciament fine or imprisonment according unto their discretion to be [Page 47] by them imposed as aforesaid Soe as the same fine doe not exceed the summe of Tenn pounds and soe as the imprisonment for such offence exceed not the space of fourteene daies unless it shalbe for non-pay­ment of such fine for which it shall be lawfull to de­teyne such offendor in prison untill the same fine be satisfied. And to the end that the said Offendors in the premisses may be the better knowne and discover­ed and may be for their said misdemeanors and offen­ces duly and condignely punished according to the merits of their said offences Wee doe therefore of our more abundant grace certaine knowledge and meere motion for us our heires and successors give and graunte unto the said President and Colledge or Comminaltie and their Successors full power and lawfull authoritie that it shall and may be lawfull to and for the said President and Colledge or Commi­naltie and their Successors by any precept or processe to be made under their Common Seale to summon and warne any person or persons whatsoever whom Apotheca­ryes, &c. to testify a­gainst undue practisers of Physick. they shall knowe or think meete being an Apothecary Surgeon Druggist or imployed in or about mini­string of any physick or medicynes or Attendant or servant upon any that shall have received physick or medicine to declare testifie or prove against any such delinquent or offendor in the premisses his or their mis­demeanors or offences upon reasonable summons and warning to appeare and come before the said Presi­dent and Colledge or Comminaltie and their Sur­cessors or the said Censors or any three of them to be examined touching his or their knowledge of the said offendors and their misdemeanors and offences in the Premisses and upon his or their appearance made as aforesaid to administer and give to him or them soe to [Page 48] be produced to testifie as aforesaid an Oath or Oathes and him and them to sweare upon the Holy Evange­lists to testify and declare the truth of his and their knowledge concerning the said offendors in the pre­misses and their said misdemeanors and offences or otherwise to examine him or them without oath as they shall think fitt. And that if any such person or per­sons If they refuse to testify, they are to forfeit twen­ty Shillings. as shalbe thought fitt as aforesaid to declare and testifie concerning the said offences upon reasonable summons and warning given as aforesaid shall wil­fully make default and shall not accordingly appeare before the said President and Colledge or Comminal­tie and their Successors or the said Censors or any three of them Or if he or they shall appeare and yet nevertheless shall refuse to take such Oath or Oathes as shall be then offered or tendred unto him or them as aforesaid Or otherwise shall refuse to be examined without Oath Or shall refuse to make answere to such questions as shalbe then asked or demanded of him or them by the said President and Colledge or Commi­naltie and their Successors or the said Censors or any three of them concerning his or their knowledge touching the said offences and misdemeanors or any of them or any other matter or thing concerning the same or the discovery thereof Then every such person and persons shall for every such default or refusall as aforesaid forfeyt and paie to the said President and Colledge or Comminaltie and their Successors the Summe of twenty Shillings of lawfull English mo­ney.

And we doe further of our especiall grace certaine knowledge and meere motion for us our heires and Successors give and graunt unto the said President and Colledge or Comminaltie and their Successors [Page 49] That the said four Censors for the time being or any Power to search and destroy three of them shall and may have full and absolute power and lawfull authority at all time and tymes when and as often as to them as aforesaid shall seeme meete and convenient at fitt and reasonable times to enter into the House Shoppe Cellar Vault Worke­house or Warehouse or any other roomes of the house of any Apothecarie Druggist Distiller and Seller of Waters Oyles or other compositions for the ends aforesaid or of any other person or persons that now doth or hereafter shall put or set to sale any medicine druggs waters oyles or stuffs fitt apt or used or pre­tended to be fitt apt or used for medicine within the foresaid Citie or Suburbes of London or within sea­ven miles thereof And then and there to view search trye examyne and see the said medycines wares druggs The Drugs and Medi­cines of A­pothecaries, &c. waters oyles medicines and stuffs of such Apotheca­ries Druggists Distillers preparers or sellers of wa­ters oyles or medicines or other person or persons as aforesaid and to examyne them upon oath or without And to exa­mine them upon Oath or otherwise concerning the same. oath as they shall think best concerning the receipts and compositions thereof And all such medicines wares druggs waters oyles and stuffs as the said four Censors or any three of them as aforesaid shall find or conceive to be defective corrupted or not meete nor convenient to be ministred or used in medicine for the healthe of mans bodie the said four Censors or three of them shall or may take burne or otherwise destroye the same or cause to be taken burned or otherwise de­stroyed according to their discretions.

And we doe further for us our heires and successors give and graunt unto the said President or Colledge and Comminaltie and their Successors That the said four Censors for the time being or three of them shall [Page 50] and may have full and absolute power and authoritye at all times when and as often as to them shalbe thought meete and reasonable to send for summon Power to convent A­pothecaries, &c. convent and cause to appeare before them the said four Censors for the time being or any three of them at such times and places within the foresaid Citie and Suburbes of London or within seaven miles thereof all or any such Apothecaries Druggists Distillers pre­parers or sellers of such waters oyles or medicynes as aforesaid or any other person or persons whatsoever using the art or mystery of an Apothecarie or Drug­gist or the Trade or Craft of a distiller preparer or seller of waters oyles or medicines or that shall put or sett to sale any stuffs druggs waters oyles medi­cines or other things whatsoever apt fitt or used for medicine either simple or compound within the fore­said Citie and Suburbes of London or within seaven miles from the same. And if any such person or per­sons soe summoned or warned as aforesaid upon rea­sonable summons and garnishment to him or them made in that behalf shall not accordingly make his or their personal appearance before the said Censors for the time being or any three of them at such time and place as by the said Censors or any three of them is or shalbe reasonably lymitted and appointed Then Wee doe by these presents declare that it shall and maie be lawfull to and for the foresaid four Censors for the time being or any three of them to impose and inflict such reasonable penaltie fine and amerciament upon And to fine them for Non-appear­ance 20 s. every such person or persons soe making default of appearance as the said four Censors or any three of them shall think meete in that behalf soe as such fine or amerciament for any one such default exceed not the summe of twentie shillings of lawfull English [Page 51] money. And if any person or persons summoned as aforesaid shall make his or their personall appearance before the aforesaid four Censors for the time being or any three of them at such time or place as is or shalbe limited and appointed and then and there it shall appeare unto the said four Censors or any three of them that the said person or persons soe appearing then or of late did put or sett to sale keepe or retaine in his or their shoppe or shopps howse or howses any wares druggs waters oyles medicines or stuffs de­fective corrupted and not meete or convenient to be ministred in medicine for the health of mans bodie or that any such person or persons soe summoned and ap­pearing as aforesaid then or of late did make or com­pound or deliver out any medicine either simple or compounded differing from and not agreeable in name nature and quantitie unto the prescripte or direction delivered unto the said person or persons before the making compounding or delivery of the said medicine then the said four Censors for the time being or any three of them shall have full power and authoritie to impose a reasonable penaltie fine and amerciament upon all and every person and persons soe offending soe as the same penalty fine or amerciament for any And to fine them for de­fective Medi­cines 3 l. and Imprison­ment. one default or offence exceed not at any one time the summe of three pounds of lawfull English money And further to imprison such offendor untill he have made satisfaction and payement of the same fine soe imposed upon him for the same offence.

And We doe further of our especiall grace certaine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid President Grant of fines, &c. to the Colledge. and Colledge or Comminaltie and their Successors all and singular the fines and amerciaments penal­tyes [Page 52] and forfeytures and every of them hereafter to be forfeyted assessed or imposed upon any Physitian or practiser in Physick as aforesaid or to be forfeyted imposed or assessed upon any Apothecary Druggist or other person or persons for or by reason of any mis­demeanor offence contempt or default whatsoever be­fore in these presents declared mentioned or specified And that the said President and Colledge or Commi­ualtie and their Successors shall and maie by the name of the President and Colledge of the facultie of Phy­sick within the Citie of London at all times hereaf­ter and from time to time in any our Courts of Re­cord according to our Lawes sue for recover levy and take execution of and for the said fines amerciaments penalties and forfeytures and every or any parte there­of and the same being recovered and levied to have take retaine and enjoy to the onely use behoof and benefitt of the said President and Colledge or Com­minaltie and their Successors without the lett distur­bance or interruption of us our heires or successors or of any the Officers or Ministers of us our heires or successors and without giving or rendring any ac­count or recompence thereof to us our heires or suc­cessors. And that if any offendor upon whom any such fine or amerciament shall be imposed shalbe present before the four Censors or any three of them at the time of such fine or amerciament imposed and shall not then paie the same That then it shall and may be lawfull to and for the said four Censors or any three of them by whome such fine or amerciament shall be imposed to commit such offendor to prison and deteyne him in prison untill he shall have satisfied the said fine or amerciament and noe longer.

[Page 53] And further Wee will and by these presents for us our heires and successors of our especiall grace and favour doe graunt unto the said President and Col­ledge or Comminaltie and their Successors That it shall and may be lawfull to and for them or the great­er parte of them to have appoint retaine and enjoy a certaine Hall or Councill-howse within our Citie To have an Hall, of London or the liberties of the same And that the said President for the time being and his successors shall and may when and as often as to him shall seeme meete and necessarie call assemble and keepe within the same Hall or Howse a certaine Court or Convo­cation And call a Convocati­on. of the said President and Colledge or Commi­naltie and their Successors to the number of sixe per­sons or more whereof the said President for the time being to be alwaies one And that in the same Court or Convocation the same President and Colledge or Comminaltie and their Successors to the number of sire persons or more whereof the President for the time being to be one shall and may treate conferre consult and consider of Articles Statutes Acts and Ordinances touching and concerning the said Presi­dent and Colledge or Comminaltie and their Suc­cessors and the good rule state and government of the same and the reformation and redress of the abuses mischiefes and enormities heerein before mentioned and hereby intended and meant to be provided for and suppressed in the time to come.

And further Wee will and by these presents for us our heires and successors doe graunt to the said Pre­sident and Colledge or Comminaltie and their Suc­cessors That the said President and Colledge or Com­minaltie and their Successors to the number of Sixe persons or more whereof the said President for the [Page 54] time being to be alwaies one upon publique summons thereof first made being assembled together in their said Hall or Howse shall and maie have full power and lawfull authoritie from time to time to ordaine con­stitute make and sett downe in writing such wholsome and reasonable Acts Ordinances Qrders Decrees Ar­ticles To make Or­dinances. and Constitutions as to the said sixe persons or more of them soe assembled or the greater parte of them soe assembled whereof the said President to be one shall seeme good profitable and necessary accord­ing to their good direction for the good rule order and government of the said President and Colledge or Comminaltie and their Successors and of all other practisers of Physick and other the persons before­named and all others offending in the said facultie or any other way touching or concerning the same for the reformation and redress of the abuses deceipts misdemeanors and enormities and other the premises herein before mentioned or expressed. And that the said President and Colledge or Comminaltie and their Successors to the number of sixe persons or more whereof the said President to be one shall and may punish all and every Delinquent or Offendor against the same Acts Ordinances Orders Decrees and Constitutions or any of them by imprisonment of his and their bodies or by fine and amerciament to be by them as aforesaid adjudged imposed and in­flicted from time to time as need shall require And that the said President and Colledge or Comminaltie and their Successors shall and may lawfully levie re­ceive have and take the said fines and amerciaments to their own proper use benefitt and behoof without the impeachment or impediment of us our heires or successors or of any the Officers or Ministers of us [Page 55] our heires or successors and without any accompt to us our heires or successors to be rendred or made for the same other then the rent hereafter reserved. All which said Acts Statutes Ordinances Articles and Constitutions soe as aforesaid to be made Wee will shalbe observed and kept under the paines and penal­tyes in the same to be lymited and conteyned Soe as the same Acts Statutes and Ordinances Impri­sonments fines and amerciaments be not contrarie or repugnant to the Laws and Statutes of this our Realme of England.

And further Wee will and by these presents for us our heires and successors doe graunt to the said Pre­sident and Colledge or Comminaltie and their Suc­cessors that they and their successors or the greater parte of them assembled together in their said Hall shall and maie nominate elect and appoint one honest and discreet person which shall be and be called the Register to the said Colledge who shall from time to To have a Register. time be attendant on the said President and Colledge or Comminaltie and their Successors at their Assem­blies Courts Congregations or meetings and shall sett downe in writinge register and enter into a booke all such Rules Orders Statutes Decrees Acts Ordi­nances and other things as shall from time to time be had made done provided and ordayned by the said President and Colledge or Comminaltie and their Successors or the greater parte of them assembled together in their said Hall Which said Register soe to be named elected and made as aforesaid shalbe and continue in the said office and place for and during the will and pleasure onely of the said President and Col­ledge or Comminaltie and their Successors or the greater parte of them whereof the President to be [Page 56] one The said Register first taking his corporall oath upon the Holy Evangelists before the said President Who shall be sworn for the true per­formance of his Office. and four Censors for the time being or any three of them whereof the President to be one for the doeing and performing of his true and faithfull service to them in the said office and place from time to time.

AND Wee doe likewise will and for us our heires and successors doe by these presents graunte unto the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled in their said Hall shall and may from time to time when and as often as to them shall seeme meete ordaine make constitute and appoint such and soe many other fitt and meete Officer or Officers Minister or Ministers as to the Power to ap­point other Officers, and to give them an Cath. said President and Colledge or Comminaltie and their Successors or the greater parte of them shalbe thought fitt and necessarie for their service and bene­fitt. Vnto all and every which said Officers or Mi­nisters it shalbe lawfull to the said President and Colledge or Comminaltie and their Successors or to the Censors or any three of them assembled together in their said Hall to administer and give oathes upon the said Holy Evangelists for the due performance and erecution of his and their office and place. And the same Register and all and every other Officer and Minister by them to be elected made constituted or appointed as aforesaid from time to time upon rea­sonable and just cause to remove expell and put out And them upon just cause to re­move. of his and their said offices and places and to elect and put others into his and their roomes and places when and as often as to the said President and Col­ledge or Comminaltie and their Successors or the [Page 57] greater parte of them shall seeme meete and con­venient.

AND further Wee doe for us our heires and suc­cessors give and graunt unto the said President and Colledge or Comminaltie and their Successors that it shall and may be lawfull to and for the said Presi­dent and four Censors for the time being or any three of them whereof the President to be one to cause such persons which shalbe convented for any the of­fences aforesaid and shalbe found offendors therein to become bound to us our heires or successors and to our use in one or more severall recognizaunces in Power to take Recog­nizances to his Majesties use. such summe as they shall think fitt not exceeding the summe of one hundred poundes with conditions for restrayning them to offend any more in that be­half as to the President and four Censors or any three of them shall seeme meete. And if such person shall refuse to become soe bound by such recognizance with such condition That then it shall and may be lawfull to and for the said President and four Censors or any three of them whereof the President to be one to commit such person to prison and him to deteyne in prison untill he shall become bound in such recogni­zance with such condition as aforesaid.

And Wee doe further of our especiall favour cer­taine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid Pre­sident and Colledge or Comminaltie and their Suc­cessors speciall licence free and lawfull libertie power and authoritie to acquire purchase receive and take To purchase Lands. unto the said President and Colledge or Comminaltie and their Successors Mannors Lands Tenements Tithes Rents Reversions and Hereditaments of or from any person or persons whatsoever not exceeding in [Page 58] the whole the cleere yearely value of one hundred Marks of lawfull English money above all charges and reprises Soe as the same Mannors Lands Tene­ments Tithes Rents Reversions and Hereditaments by virtue hereof to be acquired and purchased be not holden of us our heires or successors immediately in Chief or by Knightes service or of any other person or persons by Knights service the Statute of Alienation in Mortmayne or any other Statute Law Ordinance or Provision to the contrary thereof in any wise not­withstanding.

AND Wee doe further give and graunt for us our heires and successors unto the foresaid President and Colledge or Comminaltie and their Successors that all and every Physitian and Physitians that now is or are or that hereafter shalbe elected admitted and made a member of the foresaid Colledge or Commi­naltie shall from time to time be wholly and absolute­ly freed exempted and discharged of and from pro­viding and bearing of any Armour or other munition Discharged from bearing Armes. within our said Citie of London and the Liberties thereof or within seaven miles compasse as aforesaid Any Statute Act Ordinance Constitution or usage to the contrary in any wise notwithstanding.

AND Wee doe further for us our heires and suc­cessors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors and by these presents declare and manifest our plea­sure for ever to bee That the said President and Col­ledge or Comminaltie and their Successors shall and may have take receive use exercise and enjoy all and singular the guifts graunts liberties priviledges im­munities freedomes benefitts advantages profitts commodities power abilitye and authoritye herein be­fore [Page 59] mentioned or otherwise by any other former Letters Patents given graunted or confirmed unto the President and Colledge or Comminaltie or any of them without the lette hinderance interruption or disturbance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons what­soever.

AND further of our like especiall grace certaine knowledge and meere motion Wee will and for us our heires and successors doe promise and graunt to and with the said President and Colledge or Com­minaltie and their Successors by these presents That at the next Parliament or Session of Par­liament To have this confirmed the next Par­liament. of us our heires or successors to be holden within this our Realme of England Wee our heires or successors will give and graunt our roiall and free assent and consente to any Act Bill or Peti­tion by the said President and Colledge or Com­minaltie or their Successors or any of them in the same Parliament or Session of Parliament to be exhibited or preferred and by the Lords Spirituall and Temporall and the Comminaltie of the said Parliament to be approved and assented unto for the better enabling authorizing and investing of the said President or Colledge and Comminaltie and their Successors to and with the severall graunts powers priviledges authorities exemptions immu­nities and other matters and things in these pre­sents to them given graunted and confirmed or intended to be to them given graunted or confirmed according to our gratious intent and meaning heere­in before specified and expressed.

[Page 60] AND further Wee will and by these presents for us our heires and successors doe graunt unto the said President and Colledge or Comminaltie and their Successors That these our Letters Patents and all and singular the guifts graunts authori­ties powers priviledges and immunities and other things therein conteyned shalbe good firme avayle­able and effectuall in the Lawe to the intents and purposes aforesaid and shall be in all and every our Courts of Record and elsewhere had taken constru­ed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President and Col­ledge or Comminaltie and their Successors Any Statute Act Ordinance Custome Vsage Guift Graunt or any other matter or thing heretofore had made used ordayned or provided to the contrary in any wise notwithstanding.

NEVERTHELESS Wee will and our intent and meaning is That the said President and Colledge or Comminaltie and their Successors shall answere and paie to us our heires and successors for and in re­spect of the fines amerciaments penaltyes forfeytures and summes of money herein before mentioned and by these Presents to them graunted as aforesaid the yearely rent of sixe pounds of lawfull money of England at the receipt of our Exchequer at West­minster To pay to his Majestie 6 l. per ann. at the feasts of the Annunciation of the bles­sed Virgin Marie and St. Michaell the Archangell by even and equall portions Any thing herein con­teyned to the contrary notwithstanding Although expresse mention of the true yearely value or cer­tainty of the premises or any of them or of any o­ther guifts or graunts by us or any of our Proge­nitors [Page 61] or Predecessors to the foresaid President and Colledge or Comminaltie heretofore made in these presents is not made Or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordayned or provided Or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding.

IN WITNESS whereof Wee have caused these our Letters to be made Patents. WITNESS our selfe at Westminster the eighth daie of October in the fifteenth yeare of our raigne of England France and Ireland and of Scotland the one and fiftieth.

Per breve de privato Sigillo, Young.
Irr. in Memorand' Scaccarii de anno octavo Re­gis nostri Caroli, viz. inter Record' de Termi­no Sancti Michaelis Ro. ex parte Rememorat' dicti Domini Regis.

A Royall Charter granted to the Colledge of Physicians in London 26 Martii 15 Car. 2.

CHARLES THE SECOND by the grace of God King of England Scotland Fraunce and Ireland defender of the faith, &c. To all to whom theise presents shall come greeting. WHEREAS our most noble and renowned Predecessor King Henry the eighth late King of this our Realme of Eng­land in his princely wisdom deepely considering and by the example of forreigne well governed States and Kingdomes truly understanding how profitable beneficiall and acceptable it would be unto the whole Bodie of this Kingdome of England to restrayne and suppresse all such persons as would take upon them­selves to be practisers in the facultie of Physicke being illiterate and altogether unskilfull in that facultie rather propounding unto themselves theire private gaine with the detriment of his Majesties subjects than to give relief in time of necessity And like­wise duely considering that by the rejecting of those illiterate and unskilfull practizers those that were learned grave and profound practisers in that facultie And alsoe the industrious Students of that profession would bee the better incouraged and inabled in theire studies and endeavours: For which and many other weightie motives causes and considerations our said Royall and Princely Predecessor King Henry the Grant of H. 8. eighth by his Letters Patents bearing date at West­minster [Page 63] the three and twentieth day of September in the tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establishe a Col­ledge Comonaltie or Incorporation of Physitians in the Cittie and Suburbs of London and for sea­ven miles every way in distanee from the same to bee remayne and have existence for ever. And by the same Letters Patents our aforesaid noble Pre­decessor did further give and graunt unto John Cham­bre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said facultie of Physick in the aforesaid Cittie of London that they and all of the said facultie of Physick of and in the aforesaid Cittie of London should for ever from thenceforth bee in name and deed One body Comonaltie and Colledge. AND further by the same Letters Patents did give and graunt unto the said Colledge and Comonaltie full power abilitie and authoritie for ever annually to elect and make one Power to choose a Pre­sident. of the said Colledge or Comonaltie to bee Presi­dent of the said Colledge Corporation and Como­naltie And that the same President soe elected and made and the said Colledge and Comonaltie should Perpetual succession. A Common Seal. have perpetuall succession and a Common Seale for the behoofe and benefitt of the said President Col­ledge and Comonaltie and their Successors for ever. And alsoe by the said Letters Patents did further give and graunt unto the said President Colledge and Comonaltie and their Successors divers and sundry other liberties priviledges immunities power abilitie and authoritie not onely to and for the benefitt Several Pri­viledges. advantage and comodity of the aforesaid President Colledge and Comonaltie and theire Successors but [Page 64] alsoe for the more certaine and easier discovery speedy restraint and certaine repressing of the before menti­oned unskilfull and illiterate practizers in the facultie of Physick aforesaid as by the same Letters Patents Letters Pa­tents, &c. remayneing of Record amongst other things therein conteyned more plainely and fully it doth and may appeare. WHICH said Letters Patents and all and every Grant Article and other thing conteyned and specified in the same were by Act of Parliament Confirmed A o. 14 H. 8. by Act of Parliament. made in the fowerteenth yeare of the Raigne of our said noble Predecessor King Henry the Eighth ap­proved ratified and confirmed and clearely authorized and admitted to bee good lawfull and avayleable to the said Bodie Corporate and theire Successors for ever And that the best construction that might be Best constru­ction to be made there­of. invented should be made thereof and of every part and parcell thereof for the best benefitt behoofe power and authority of the aforesaid President Colledge and Corporation of Physitians as aforesaid. AND fur­ther by severall other Acts of Parliament divers and sundry other priviledges liberties ability power and Several other Powers given by several Acts of Par­liament. authoritie are and were afterwards established or­dayned given and graunted to the said President Col­ledge and Corporation of Physitians and their Suc­cessors As by the same severall Acts of Parliament thereof made more fully and at large alsoe doth and may appeare. AND whereas nevertheless our Roy­all Preamble to the Grant of K. James. Grandfather James late King of England of ever blessed memory out of his great wisdome and cir­cumspection perceiving that divers enormities and abuses not then sufficiently provided for and reformed did dayly abound and increase to the apparent damage of his Royall Majestie and of his loveing subjects of this Realme of England by and through the unskill­fullness [Page 65] fraud and deceipt of Physitians Apothecaries Druggists and such like which were then most likely much more to abound unlesse tymely and festine re­medie were duely provided and applyed for the cure­ing of soe publique a dissease. AND our said Royall Grandfather gratiously affecting soe pious and chari­table a worke and intending a more full and perfect reformation of the said abuses grievances and enor­mities in this our Realme out of his princely dispo­sition and care of repressing thereof att the Petition of Henry Atkins Doctor in Physicke then President of the said Colledge and of divers other learned Doctors in Physicke then Fellows elect or members of the said Colledge or Corporation by his Letters Patents under the great Seale of England bearing date at Westminster the eighth day of October in the fifteenth yeare of his Raigne over England for the honour peace and quiett of the said Colledge Did Grant of K. James. give graunt ratifie allowe approve and confirme un­to the said then President and Colledge or Como­nalty Confirmati­on. and theire Successors the said Letters Patents of our said noble Predecessor King Henry the Eighth herein before mentioned and every Article Clause Guift and Grant therein conteyned and not altered by the said Letters Patents of our said Royall Grand­father. AND further our said Royall Grandfather Grant of se­veral other Priviledges. did by his said Letters Patents give and grant unto the said President and Colledge or Comonaltie and theire Successors divers and sundry other liberties priviledges immunities powers abilitie and authority not only to and for the benefitt advantage and como­ditie of the aforesaid President and Colledge or Co­monaltie and theire Successors but alsoe for the more speedy certaine better and easier discovery restraint [Page 66] punishment and repressing aswell of the before men­tioned unskillfull unlicensed and illiterate practizers in the facultie of Physicke aforesaid as alsoe of the said fraud and deceipts of the said Apothecaries and Druggists and other the abuses grievances and enor­mities aforesaid As in and by the same Letters Pa­tents of our said Royall Grandfather remayning of Record amongst other things therein conteyned more fully and att large it doth and may appeare. AND whereas notwithstanding all the care travaile and en­deavour Preamble to this Grant. had and taken in the creating modelling and establishing of the Constitution and Corporation afore­said and the many and greate liberties powers and priviledges thereunto given granted and confirmed by the said severall Letters Patents and Acts of Par­liament aforesaid And notwithstanding the constant and indefatigable paines and endeavours of the Pre­sident and Colledge aforesaid on all opportunities had and taken in putting the same in due execution to the ends aforesaid Itt hath beene made most appa­rent and evident unto us that the number of unskill­full illiterate and unlicensed practizers of Physicke in and about our said Cittie of London hath of later yeares much increased and att present doe daylie mul­tiply together with the renewed frauds abuses and deceipts of divers Apothecaries Druggisss and others inhabiting in the same Cittie frequently exercised and practised in the making prepareing ordering and vent­ing of Druggs and other things relateing to the said facultie of Physicke to the greate dishonour of this Nation and of the sage and learned professors of that facultie soe noble and necessary and to the detri­ment of us and our good subjects The chiefe cause or ground whereof as wee are given to understand [Page 67] ariseth from some defects in the said Constitution the Coercive and Penal Powers thereof beeing not apt­ly and usefully placed and settled By meanes where­of subtil and crafty men wholly ignorant and un­skilled in the facultie of Physicke have in defiance of authoritie dared publiquely to professe and practise Physicke in our said Cittie of London and by new inventions and delusions deceived much people there­by advanceing theire private commoditie in the greate detriment of the publique and yett have evaded the just and condigne punishment provided and intended by the Charters and Acts of Parliament aforesaid for such presumptuous Offendors. Which to prevent in the future And that a due and seasonable reformation may bee had in all the premises and an apt proper and legall constitution and incorporation may be had and established of grave and learned Doctors and other able and experienced practisers of Physicke in and about our said Cittie of London indowed with powers and priviledges convenient and requisite for the ends aforesaid KNOW ye That Wee of our especiall The Grant. grace certaine knowledge and meere motion and att the humble Petition of Sir Edward Alston Knight now President of the said Colledge or Comonaltie and of divers other learned Doctors of the said Col­ledge or Comonalty Have willed ordeyned constitu­ted declared given and graunted And by these pre­sents for us our heires and successors doe will ordeyne constitute declare give and graunt unto the said Pre­sident and Colledge or Comonalty That they from henceforth for ever hereafter shall bee continue and remayne by virtue of theise presents One bodie Cor­porate Body Poli­tique. and Politique in deede fact and name by the name of the President Fellowes and Comonaltye of [Page 68] the Kings Colledge of Physitians in the Cittie of London And them and theire Successors by the name of the President Fellowes and Comonaltie of the Kings Colledge of Physitians in the Cittie of Lon­don into one Bodie Corporate and Politique in deede fact and name really and fully for us our heires and successors Wee doe erect make ordeyne constitute de­clare and create by theise presents. AND that by the same name they shall have perpetuall succession And alsoe that they and theire successors by the same Perpetual succession. name of the President Fellowes and Comonalty of the Kings Colledge of Physitians in the Cittie of London shall be and remayne at all times hereafter for ever persons able and in Lawe capeable to have Capable to purchase. purchase receive possesse hold and enjoy any Mannors Lands Tenements Liberties Priviledges Franchises Iurisdictions and Hereditaments whatsoever of what name nature qualitie kind or condition soever the same or any of them shall bee to them and their successors in fee and perpetuity or otherwise And alsoe Goods and Chattells and all other things of what name nature quality or kinde soever the same be. And al­soe by the same name to give graunt demise alien assigne and dispose the said Mannors Lands Tene­ments To grant and dispose. and Hereditaments Goods and Chattells And alsoe to doe and execute all other things lawfull ne­cessary and convenient for the common profitt of the said Colledge. And alsoe by the same name of the President Fellowes and Comonalty of the Kings Colledge of Physitians in the Cittie of London They shall and may for ever hereafter pleade and To sue and be sued. be impleaded answere and be answered unto defend and be defended in all and whatsoever Courts and places and before whatsoever Iudges and Iustices [Page 69] and other Persons and Officers of us our heires and successors in all and singular Actions pleas suites quarrells causes matters and demaunds whatsoever of what name nature qualitie or kind soever the same are or shalbee in the same manner and forme as any other subjects of this our Kingdome of England be­ing persons able and capeable in Law or any other body Corporate or Politique within this our King­dome may or can have purchase receive possesse give grant demise alien assigne and dispose pleade and be impleaded answere and be answered unto defend and be defended doe performe or execute. And alsoe that they and their successors shall and may for ever here­after have a Common Seale to serve and use for all Common Seal. causes matters things and affaires whatsoever of them and theire successors which shall alwayes bee and remayne in the custody and keeping of the President of the said Colledge of Physitians for the tyme being. And that it shall and may bee lawfull to and for the President and Fellowes of the same Colledge or the major part of them for the tyme being to breake al­ter change or make new the said Seale from tyme to tyme att theire wills and pleasures and as to them shall séeme requisite and fitt. AND alsoe from tyme to tyme and att all tymes hereafter to use and dispose of the Common Seale of the said Colledge for the time being in and about all things matters and af­faires whatsoever of or concerning the same Colledge and Corporation in such manner as to them shall seeme fitt and requisite. AND for the better order rule and governement of the said Colledge and Cor­poration and the matters and things thereof and the due and orderly correcting and punishing of all offen­ces and offenders within the power and jurisdiction of [Page 70] the same Colledge and Corporation WEE doe by theise presents for us our heires and successors will ordeyne constitute declare and graunt that there bee and for ever hereafter shalbee forty Fellowes of the said Colledge and Corporation hereby constituted And Forty fellows constituted. that thereof att present and for ever hereafter there bee one President Tenn Elects and fower Censors One Presi­dent, Ten Elects and four Censors. duely appointed nominated and chosen to bee and shall bee respectively President Elects and Censors of the same Colledge and Corporation And all the same Fellowes President Elects and Censors respectively to bée and shalbée from tyme to tyme nominated elec­ted and chosen and have being and continuance as such respectively in manner and forme and to all in­tents and purposes as in and by theise presents is hereafter mentioned and declared. AND further To be chosen as hereafter mentioned. The first for­ty Fellows. We doe by theise presents for us our heires and suc­cessors will ordeyne constitute and appoint Sir Ed­ward Alston Knight Sir Francis Prujean Knight Baldwyn Hamey Francis Glisson Peter Salmon George Ent George Bate Alexander Frazier William Stane John Micklethwait Nathan Pagett Jonathan Goddard Edmond Trench John King Thomas Cox Henry Stan­ley Daniell Whistler Charles Scarburgh Thomas Whar­ton Christopher Merrett Samuell Collins Luke Ruge­ley John Wilby Sir William Pettie Knight Christo­pher Terne Sir John Baber Knight John Hale Ed­ward Greaves Thomas Croydon Gabriell Beauvoir Thomas Wolfe Martin Luellin Sir John Finch Knight Thomas Baynes William Quarterman James Hide Humfry Whitmore Robert Waller Peter Barwicke and Robert Morrison Doctors in Physicke the first and present Fellowes of the same Colledge and Cor­poration And to bée and continue Fellowes of the [Page 71] same Colledge and Corporation and to hold exercise and enjoy the office or place of Fellowes of and in the same Colledge and Corporation respectively for and dureing theire severall and respective naturall For life if not removed for cause. lives unlesse in the meane tyme for evill governement or misbehaving themselves in the same office or place or for Nonresidence (otherwise than while they or any of them respectively shalbee or continue in the service of us our heires or successors) without Licence under the Seale of the Colledge and Corporation aforesaid or under the Privy Seale of us our heires or successors or for any the like reasonable cause they or any of them respectively shalbee removed. AND Wee doe by theise presents for us our heires and suc­cessors will ordaine constitute and appoint the said Sir Edward Alston Knight the first and present Pre­sident Sir Edward Alston to be the first Pre­sident. of the same Colledge and Corporation And to bee and continue President of the same Colledge and Corporation and to hold exercise and enjoy the same office or place of President of and in the same Col­ledge and Corporation from the makeing hereof un­till the morrowe of the feast of Saint Michaell the Archangell next ensueing the date hereof and from thenceforth untill another President shall bee in due manner elected and sworne according to the tenor true intent and meaning of theise presents. AND Wee doe further by theise presents for us our heires and successors will ordeyne constitute and appoint the said Sir Edward Alston Sir Francis Prujean Baldwyn Ten first E­lects. Hamey Francis Glisson George Ent George Bate Alex­ander Frazier William Stane John Micklethwaite and Nathan Pagett to bee the first and present Elects of the same Colledge and Corporation and to be and continue Elects of the same Colledge or Corporation [Page 72] and to hold exercise and enjoy the office or place of Elects of the same Colledge and Corporation for and dureing theire severall and respective naturall lives unlesse in the meane tyme for any reasonable For lives if, &c. cause as aforesaid they or any of them shall bee re­moved. AND Wée doe by theise presents will or­daine constitute and appoint the said George Ent John Micklethwaite Daniell Whistler and Christopher Mer­rett the first and present Censors of the same Colledge Four Cen­sors to con­tinue till the morrow of St. Michael. and Corporation and to bee and continue Censors of the same Colledge and Corporation and to hold ex­ercise and enjoy the office or place of Censors of and in the same Colledge and Corporation untill the morrowe of the feast of Saint Michaell the Arch­angell next ensueing the date hereof and from thence­forth untill some other Censors of the same Colledge and Corporation shall bée in due manner elected and sworne according to the tenour true intent and mean­ing of theise presents. AND for the better supply and continuance of the said severall parts and mem­bers of the said Colledge and Corporation, WEE will and by theise presents for us our heires and suc­cessors Doe ordaine and graunt that Nominations and Elections shall and may from tyme to tyme when and as often as occasion shall require bée duely made Elections duely to be made. of the President Elects Censors and Fellowes of the said Colledge and Corporation according to the te­nour true intent and meaning of theise presents (that is to say) That all and every President and Presidents of the Colledge and Corporation aforesaid hereafter to be nominated and chosen shall bée from tyme to tyme nominated and chosen onely by and out of the Elects of the same Colledge and Corpora­tion for the tyme being according to the power in [Page 73] that behalfe hereafter given and declared And that every such President soe nominated and chosen and duely sworne according to the contents of theise pre­sents shall bée and continue President of the same Colledge and Corporation untill the morrowe of the feast of Saint Michaell the Archangell next ensueing such his Election and from thenceforth untill some other of the Elects of the same Colledge and Corporation shall bée in due manner elected and sworne in that of­fice or place of President according to the true intent and meaning of these presents unlesse he in the meane tyme for ill Governement Non-residency or misbeha­vior in the same office or place or any the like reason­able cause shall be removed from such his office or place whome in such case we will shall bée removeable according to the tenour of theise presents. And for the better effecting thereof that it shall and may bée lawfull to and for the Elects of the said Colledge for the tyme being or any five of them whereof the Pre­sident of the same Colledge for the tyme being or in his absence the Vice-president of the same Colledge for the tyme being to bée one On the morrowe of the feast day of Saint Michaell the Archangell next ensue­ing the date hereof or within thrée dayes after And on the morrowe of that feast day yearely or within thrée dayes next ensueing for ever after to assemble and meete together in the Common Hall of the said Colledge or other convenient place within the said Cittie of London and then and there to nominate e­lect and choose some one of the Elects of the same Col­ledge for the tyme being to bée President of the same Colledge and Corporation for the yeare then next en­sueing. Which person soe from tyme to tyme yeare­ly to be chosen being duely sworne according to the [Page 74] tenour of theise presents shall bée and continue Presi­dent of the same Colledge and Corporation for and dureing such tyme and untill such further election of a new President shall be made as aforesaid unlesse in the meane tyme he shall be removed as aforesaid. AND FURTHER in case any President of the said Colledge shall happen to depart this life before the morrowe of the said feast of Saint Michaell the Arch­angell next ensueing his election or in the meane tyme shall be putt out or removed for cause as aforesaid That then and in every such case itt shall and may bée lawfull to and for the Elects of the same Colledge for the tyme beeing or any five of them in convenient tyme after the death or removall of every such Pre­sident to meete and assemble in the said Common Hall or other place aforesaid and then and there to nominate elect and choose some one of the Elects of the same Colledge for the tyme beeing to be President of the same Colledge for the remainder of the yeare then in being And which said President soe chosen shall bée and continue President of the same Colledge for and dureing the remainder of the same yeare re­spectively And untill such further election of a new President shall bée made for the yeare then next en­sueing as herein is declared And that in all things according to the tenor true intent and meaning of theise presents. AND WEE FURTHER will and graunt that it shall and may bée lawfull to and for the President of the said Colledge for the tyme being by writeing under his hand and seale from tyme to tyme at his will and pleasure to nominate constitute and appoint any one of the Elects of the same Colledge Power to make a Vice-President. for the tyme being to bée Vice-president of the same Colledge and to bée and continue in the same office [Page 75] or place of Vice-president dureing the pleasure of the same President And such his Vice-president from tyme to tyme to amove and discharge and a new one againe to make of any of the said Elects as aforesaid att his will and pleasure And that every such Vice-president soe constituted being duely sworne according to the contents of theise presents shall and may from tyme to tyme in the absence of the President of the same To exercise the place and power of the President in his absence. Colledge for the tyme being have doe use exercise and enjoy all and every the powers liberties priviledges matters and things that the President of the same Colledge for the tyme being may might should or ought to have doe use exercise or enjoy by virtue of theise presents or any the Charters Acts of Parlia­ment or Graunts abovementioned. AND WEE doe further will and ordaine that the Censors of the said Colledge shall from tyme to tyme be chosen out of Censors to be chosen out of the Fel­lows. the Fellowes of the said Colledge in manner and forme following (that is to say) The President and Fellowes of the Colledge aforesaid for the tyme being How. att a Court to be holden on the morrowe of the said feast day of Saint Michaell next ensueing the date hereof or within thrée dayes after and on the morrowe of that feast day or within thrée dayes next ensueing yearely for ever after shall and may assemble together in the Common Hall of the same Colledge or other convenient place aforesaid and then and there nomi­nate elect and choose any fower of the Fellowes of the same Colledge for the tyme being to bée the Censors of the same Colledge for the yeare then next ensueing which fower persons soe from tyme to tyme yearely to bee chosen being duely sworne according to the con­tents of theise presents and every of them respective­ly shall bee and continue Censors of the same Col­ledge [Page 76] untill the morrowe of the feast of Saint Micha­ell next after such election and further untill other Censors shall bée duely chosen and sworne into theire respective places unlesse in the meane tyme they or any of them shall bée removed for reasonable cause. AND FURTHER in case the Censors aforesaid from tyme New Election of Censors in case of death or removal. to tyme to bée chosen as aforesaid or any of them shall happen to depart this life before the morrowe of the feast day of Saint Michaell the Archangell next en­sueing theire or any of theire respective election or elections or in the meane tyme shall happen to be putt out or removed for cause as aforesaid That then and in every such case it shall and may bée lawfull to and for the said President and Fellowes of the said Col­ledge att a Court to bée holden in convenient tyme after the death or removall of every or any of the said Censors of the Colledge aforesaid to assemble and meete in the Common Hall or other place afore­said and then and there to elect nominate and choose any one or more of the Fellowes of the same Col­ledge for the tyme being to be Censor and Censors of the same Colledge in the place and roome of such Censor and Censors as shall be then vacant by death or removall as aforesaid Which person and persons so nominated and chosen being duely sworne according to the contents of theise presents shall bée and conti­nue Censor and Censors of the same Colledge for and dureing such tyme and in such manner as the person or persons in whose roome or place hée or they shall bée soe chosen should or ought to have beene or continued by virtue of theise presents subject alwayes to bée removeable for reasonable cause as aforesaid. AND WEE doe further will and ordaine That the Elects of the said Colledge shall bée chosen out of [Page 77] the Fellowes of the same Colledge in manner and forme following (that is to say) In case of death New Elects to be chosen on death or removall. or due removall of any the Elects of the said Col­ledge hereby constituted or of any the Elects of the said Colledge hereafter by virtue of theise presents to be elected nominated and chosen the President and Elects of the same Colledge for the tyme beeing or any five of them whereof the President for the tyme beeing to bée allwayes one from tyme to tyme and att any tyme after such death or deaths removall or re­movalls respectively shall and may assemble and meete at their said Common Hall or other convenient place in our said Cittie of London and then and there elect nominate and choose any of the then Fellowes of the said Colledge into the place or places of such and soe many of the said Elects as shall bée then voyd by death or removall as aforesaid. Which persons soe to bée chosen being duely sworne according to the te­nour of theise presents shall bée and continue Elects of the said Colledge dureing their respective lives un­lesse for reasonable cause they shall bée removed as aforesaid. AND WEE DOE further will and or­deyne that the Fellowes of the said Colledge shall bée chosen out of the Comonaltie of the said Colledge in manner and forme following (that is to say) In How the Fel­lows are to be chosen. case of death or due removall of any of the Fellowes abovementioned and hereby constituted or of any of the Fellowes of the said Colledge hereafter by vir­tue of theise presents to be nominated or chosen the President and Fellowes of the same Colledge shall and may from tyme to tyme and att any tyme after such death or deaths removall or removalls respective­ly assemble and meete att a Court to be holden in theire Common Hall or other convenient place as [Page 78] aforesaid and then and there elect nominate and choose any one or more such and soe many of the most learned and able persons skilled and experienced in the said facultie of Physicke then of the Comonalty or Members of the said Colledge and Corporation to bée Fellowe and Fellowes of the same Colledge and Corporation in the place and places of such and soe many of the said Fellowes of the said Colledge and Corporation as shall bée then voyd by death or remo­vall as aforesaid. Which persons soe to be chosen beeing duely sworne according to the tenour of theise presents shall bée and continue Fellowes of the said Colledge dureing theire respective lives unlesse for reasonable cause they shall bée removed as aforesaid. AND WEE WILL and by theise presents for us our heires and successors doe give and graunt unto the President Fellowes and Comonaltye of the Kings Colledge of Physitians aforesaid and their successors Power to re­move any of the Elects, Fellows or Censors for cause. that it shall and may be lawfull for the President and Fellowes of the said Colledge att any Court or Courts to bée holden att theire Common Hall or other convenient place from tyme to tyme and as often as occasion shall require to summon heare and admonish any of the said Fellowes Elects and Cen­sors of the same Colledge And for cause of evil Go­vernement Non-residence otherwise then as aforesaid without Licence under the Seale of the said Colledge and Corporation or under the Privy Seale of us our heires or successors as aforesaid or for misbehaveing themselves in theire respective places or any other just or reasonable cause from tyme to tyme to expell and amove any of the same Fellowes Elects or Censors from his and theire respective place and places in the same Colledge And after due publication and entry [Page 79] made thereof in the Register of the same Colledge and Corporation from tyme to tyme to proceede to new Elections to supply the place or places of such person or persons soe removed or expelled according to the provision above mentioned and the tenour of theise presents. AND WEE WILL and hereby declare That neither the President Vice-president Elects or Each person his single voice in E­lection. Censors or any of them for the tyme being by colour of any double capacitie as such and alsoe Fellowes of the said Colledge and Corporation shall have or give more or other then each severall and respective person his or their severall and respective voyce in all or any Election or Elections or other matter or thing what­soever directed or graunted or to be done or acted by virtue of theise presents Except onely in such case and cases where the voyces shall happen to bée even and equall And then and in every such case wherein the President or in his absence the Vice-president of the said Colledge and Corporation for the tyme beeing is to bee one We will and by theise presents for us our heires and successors doe Ordeyne and Graunt that the President or in his absence the Vice-president of the said Colledge and Corporation for the tyme being shall have and give a casting voyce to the end Where voi­ces even, a casting voice to the Presi­dent. that all Elections matters and debates relateing to the said Colledge and Corporation may the more ea­silie certeinely and peaceablie bee settled and deter­mined. AND Wee will and further by theise pre­sents for us our heires and successors doe Ordaine and Establish That all and every the Fellowes and alsoe the President Elects and Censors above named and hereby constituted and every of them And alsoe all and every the Fellowes President or Vice-president Elects and Censors and other Officers and Ministers [Page 80] whatsoever of the Colledge and Corporation afore­said hereafter by virtue of theise presents to be nomi­nated and elected and every of them shall severally and respectively take his and their severall and re­spective The Presi­dent and all Fellows and Officers to be sworn duely to ex­ecute, &c. corporall Oath on the Holy Evangelists before the severall and respective persons hereby directed and impowered to administer the same well truely and faithfully to attend and execute his and theire severall and respective office or place in all things touching and concerning the same respectively And that from tyme to tyme before hee or they respectively doe Act or in­termeddle therein And alsoe the severall knowne Oathes of Obedience and of Supremacy before such And to take the Oaths of Obedience and Supre­macy. person and persons as by the Lawe and Statutes of this Land now are or hereafter shall bée authorized or appointed to administer the same. AND WEE DOE by theise presents for us our heires and successors give and graunt unto our trusty and well-beloved Sir Gef­frey Three per­sons to swear the present President, Elects, Cen­sors and Fel­lows. Palmer Knight and Baronett our Atturney Ge­nerall Sir Heneage Finch Knight and Baronett our Sollicitor Generall Sir William Wilde Knight and Baronett one of our Serjeants at Lawe and Recor­der of our Cittie of London and to every or any one of them full power and authoritie to give and admi­nister unto the said Sir Edward Alston and all and every the persons abovenamed and by theise presents constituted the first and present Fellowes of the said Colledge and Corporation his and theire said corpo­rall Oath on the Holy Evangelists well truely and faithfully to attend and execute his and theire severall and respective office or place of Fellowe of the same Colledge and Corporation in all things touching and concerning the same. AND ALSOE to give and administer unto the said Sir Edward Alston hereby [Page 81] constituted the first and present President of the same Colledge and Corporation his said corporall Oath on the Holy Evangelists well truely and faithfully to at­tend and execute the same office or place of President of the same Colledge and Corporation in all things touching and concerning the same. AND ALSOE to give and administer aswell unto the tenne persons abovenamed and hereby constituted the first and pre­sent Elects of the same Colledge and Corporation as unto the fower persons abovenamed and hereby con­stituted the first and present Censors of the same Col­ledge and Corporation their said severall and respective corporall Oathes on the Holy Evangelists well truely and faithfully to attend and execute theire severall and respective offices or places of Elects and Censors of the same Colledge and Corporation in all things touching and concerning the same respectively. AND Wee doe further by theise presents for us our heires and successors give and grant unto the said President Fellowes and Comminaltie of the Kings Colledge of Physitians aforesaid and theire successors That it shall and may bée lawfull to and for the Elects of the Power to the Elects or any two of them to swear the Presidents hereafter chosen. Colledge and Corporation aforesaid for the tyme be­ing and to any two of them full power and authoritie from tyme to tyme to give and administer unto all and every President and Presidents of the same Col­ledge and Corporation hereafter and by virtue of theise presents and according to the tenour thereof to bée nominated elected or chosen his and theire like cor­porall Oath and Oathes on the Holy Evangelists well truely and faithfully to attend and execute the said of­fice or place of President of the same Colledge and Corporation for and dureing such time and soe long as hée or they or any of them respectively shall bée or [Page 82] continue in the same office or place And alsoe full power and authority unto the President of the said Colledge for the tyme being in the presence of the Elects of the same Colledge or any two of them for the tyme being from tyme to tyme as oft as occasion shall require to give and administer to all and every person and persons whatsoever that att any tyme here­after by virtue of theise presents and according to the contents thereof shall be nominated elected made or chosen to be Vice-president Fellowe Elect or Cen­sor Power to the President to swear the Fellows and all other Of­ficers hereaf­ter chosen. or other Officer or Minister of the same Colledge his and theire like corporall Oath on the Holy Evan­gelists well truely and faithfully to attend and exe­cute his and theire severall and respective office or place into which hee or they shall be soe nominated elected made or chosen And that in all things touch­ing and concerning the same respectively. AND for the better Governement of the said Colledge and speedier reforming the enormities and abuses afore­said and more facile and certaine doeing and accom­plishing the things and ends intended by theise pre­sents WEE WILL and by these presents for us our heires and successors Of our more especiall grace and favour Doe graunt unto the said President Fellowes and Comonaltie of the Kings Colledge of Physitians in the Cittie of London and their Successors That it shall and may bee lawfull to and for the said Pre­sident and Fellowes of the same Colledge and Cor­poration and theire Successors to have appoint re­teyne and enjoy a Hall or Councill-house within our To have a Hall. said Cittie of London or the liberties of the same AND that the said President for the tyme being and his Successors shall and may when and as often as to him shall seeme meete and necessary call assemble and [Page 83] keepe within the same Hall or House a certaine Court President to call a Court. or Convocation of the said President and Fellowes of the said Colledge and Corporation and theire Suc­cessors for the tyme being or of any competent part Not less than 15. President one of them. or number of them not lesse then fifteene whereof the President or in his absence the Vice-president of the same Colledge for the tyme being allwayes to bée one And of every such Court or Convocation soe to bée called and held shall by a knowne Officer of the same Colledge and Corporation give convenient notice or summons to the Fellowes of the same Colledge or Corporation for the tyme being And that in every such Court or Convocation the said President and Fellowes and theire Successors for the tyme being or the major part of them then present (being not lesse in number then fifteene whereof the President for the tyme being or in his absence the Vice-president for the tyme being to be allwayes one) shall and may have full power and authoritie from tyme to tyme to doe act performe and execute all and every matter and matters thing and things by theise presents appointed to bée done performed and executed by the President and Fellowes of the said Colledge AND ALSOE To treat of matters, &c. to Treate Conferre Consult and Consider of Articles Statutes Acts Ordinances and other things touching and concerning the said President Fellowes and Comonaltie of the Colledge aforesaid and theire Suc­cessors and the good Rule State and Governement of the same and the Reformation and redresse of the abuses mischiefes and enormities herein before menti­oned and hereby intended to be provided for and sup­pressed in the time to come And alsoe to Ordaine To make Laws. Constitute make and sett downe in writeing such sit­ting wholsome and reasonable Lawes. Acts Ordinances [Page 84] Orders Decrees Articles and Constitutions as to them shall seeme good profitable and necessary accord­ing to theire good discretions for the good Rule Order and Governement of the said President Fellowes and Cominaltie and their Successors and of all their Of­ficers and Ministers Goods Lands Tenements and Hereditaments And alsoe of all other practicers of Physicke and other the persons aforenamed for the reformation and redresse of the abuses deceipts misdemeanours and enormities and other the premi­ses herein before mentioned or expressed And alsoe for inflicting upon all and every Delinquent Offender and Offenders against all or any such Lawes Acts Or­dinances Orders Decrees Articles and Constitutions soe to bée made as aforesaid or any of them such rea­sonable paines penalties and punishments by impri­sonment To punish by fine or im­prisonment. of the body or by fines and amerciaments any or all of them as to the said President and Fel­lowes and theire Successors or to the Vice-president and Fellowes in the absence of the President or the major part of them as aforesaid shall seeme reasona­ble and fitting. To all which said Lawes Acts Ordi­nances Orders Decrees Articles and Constitutions to bée made as aforesaid Wée will and require all due obedience and observance under the paines and penalties therein conteyned Yett soe as allwayes the said Lawes Acts Ordinances Orders Decrees Articles So as not re­pugnant to the Laws of the King­dom. and Constitutions bée not repugnant but agreeable to and with the Lawes Statutes Rights and Cu­stomes of this our Kingdome of England and bée ap­proved and confirmed according to the Statute in that behalfe made. And Wee will and by theise pre­sents for us our heires and successors in reference and with respect to the said Graunt of our said noble [Page 85] Predecessor King Henry the Eighth And the said Act of Confirmation thereof in this behalfe Doe give and graunt unto the said President Fellowes and Comonaltie of the Colledge aforesaid and their Suc­cessors And doe hereby ordayne appoint and strictly commaund That noe person or persons whatsoever of what condition or qualitie soever hée or they bée be­ing noe member of the said Corporation nor hereto­fore Licensed under the Common Seale of the said Colledge of Physitians Doe or shall from hence­forth use or exercise the said faculty of Physicke with­in our said Citties of London and Westminster or None to practise in London or within se­ven miles, except licen­sed as herein expressed. within seaven miles any wayes in circuite thereof un­lesse such person and persons shall bée first admitted or licensed to doe the same by the President and Fel­lowes of the said Colledge for the tyme beeing Assem­bled in Court or Convocation as aforesaid And such theire Licence or Admittance be attested by Letters Testimonialls of the said President and Fellowes of the said Colledge for the tyme being sealed with the Common Seale of the same Colledge upon paine of forfeiting unto the said President Fellowes and Com­minaltie of the Colledge aforesaid and theire Suc­cessors Tenne pounds for every Moneth wherein any Under pain of 10 l. for every Month. such person or persons shall soe exercise the said facul­tie being not admitted or licensed thereunto as afore­said. And that it shall and may bee lawfull to and for the said President Fellowes and Commonaltie of the Colledge aforesaid and theire Successors by the name of the President Fellowes and Commonaltie of the Kings Colledge of Physitians in the Cittie of London in any Court or Courts of Record of us our heires or successors at Westminster or in any other of our Courts of Record within the Iurisdiction [Page 86] whereof the offence aforesaid shalbée committed accord­ing to the due course of Law to sue for recover and Power to sue for the same. have execution of and for all and every such penalties forfeitures summe and summes of money as shall att any time hereafter accrew growe due or payable or become forfeited unto the said President Fellowes and Commonaltie of the Colledge aforesaid or theire Successors as aforesaid In which Actions Suite or Suites soe to bée brought as aforesaid noe Essoyne wager of Law or protection shall be admitted or al­lowed for any Defendant or Defendants therein. AND Wée doe further by theise presents of our espe­ciall grace certaine knowledge and méere motion for us our heires and successors give and graunt unto the aforesaid President Fellowes and Comonaltie of the Colledge aforesaid and theire Successors That the President and Censors and in the absence of the Pre­sident the Vice-president and Censors of the same Colledge for the tyme being or any thrée of them whereof the President and in his absence the Vice-president for the tyme being to bee one shall have full power and lawfull authoritie att all tymes hereafter when and as often as to them or any three of them whereof the President and in his absence the Vice-president for the tyme being to bee one it shall seeme requisite and convenient to supervise examine survey Power to the President, Vice-Presi­dent and Censors, or any three of them to su­pervise pra­ctisers, &c. correct and punish all and singular Physitians and Practizers in the said facultie of Physicke Apotheca­ries Druggists Distillers and Sellers of Waters or of Oyles preparers of Chymicall Medicines to bee sold or imployed for gaine and all and every other per­son and persons practizeing in the said facultie or use­ing the Art or Mystery of an Apothecary or the Trade or Craft of a Druggist Distiller Preparer or Seller [Page 87] of any Oyles Waters or Medicines for gaine as afore­said or that shall sell or put to sale any Stuffe Druggs Oyle Water or Medicines or other thing whatsoever used or to bee used for Medicines either simple or compounded at or in any place or places within our said Citties of London and Westminster or Suburbs thereof or within seaven miles of the same by Fines Amerciaments and Imprisonments and by other law­full wayes and meanes or any of them according as the nature and qualitie of his and theire offence or offences in the premises shall deserve or require. AND WEE DOE further of our like especiall grace certaine knowledge and meere motion for us our heires and successors give and grant unto the afore­said President Fellowes and Comonalty of the said Colledge and theire Successors And We doe by theise presents declare our will and pleasure to bée that the said President and Censors and in the absence of the President the Vice-president and Censors of the same Colledge for the tyme being or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one for ever here­after Power in them to sum­mon, censure and punish any Practi­sers offend­ing. when and as often as to them or any thrée of them (whereof the President or in his absence the Vice-president for the tyme being to bee one) shall seeme meete and convenient shall have full power and authoritie to send for summon convent and cause to appeare and come before them the said President Vice-president and Censors or any three of them for the tyme being (whereof the President or in his ab­sence the Vice-president to bee one) all and every Physitian and Physitians Practizer and Practizers in the said facultie of Physicke within the aforesaid Cittie and Suburbs of London or within seaven [Page 88] miles thereof at such tyme and places as by the said President and Censors or Vice-president and Censors or any three of them for the tyme being (whereof the President or in his absence the Vice-president to bee one) shalbee reasonably prefixed and appointed and to examine them concerning theire skill or practice To examine. of and in the said faculty of Physicke and theire man­ner of practice therein. And if any Physitian or Practizer in the same facultie of Physicke upon rea­sonable summons and garnishment to be made and given in that behalfe shall make default and not ap­peare before the said President and Censors or Vice-president and Censors or any three of them for the time being as aforesaid haveing noe reasonable cause to the contrary att such tyme and place as by them or any three of them as aforesaid shalbee reasonably li­mitted or appointed Or shall refuse to answere or be Refuse to an­swer. examined as aforesaid That then and soe often the said President and Censors and in the absence of the President the Vice-president and Censors or any thrée of them for the tyme being (whereof the President or in his absence the Vice-president to bee one) shall and may lawfully Assesse and impose a reasonable pe­naltie Fine or Amerciament upon every or any such Delinquent or Offender for every severall default of appearance made upon severall Summons haveing noe reasonable cause for his excuse to bée made appeare to the said President or Vice-president and Censors or any thrée of them as aforesaid and for every seve­rall refusall to answere or to bée examined as aforesaid att one or more severall tyme or tymes upon one or more severall appearance or appearances made or to bee made Soe as the same Penaltie Fine or Amercia­ment soe to bee imposed for any one default of ap­pearance [Page 89] or refusall to answeare or be examined as aforesaid doe not att any tyme exceed the summe of fortie shillings of Currant English money. And if Not to ex­ceed 40 s. any person or persons soe summoned or warned as aforesaid doe make his or theire personall appearance before the said President and Censors and in the ab­sence of the President before the Vice-president and Censors or any three of them for the tyme being (whereof the President or in his absence the Vice-president to bee one) att such respective tyme and place as in that behalfe shalbee limitted or appointed as aforesaid And if it shall then and there appeare unto the said President or Censors or Vice-president and Censors in the absence of the President or any three of them for the tyme being (whereof the said President or in his absence the Vice-president to bee one) that any such person or persons soe makeing his or theire appearance hath att any tyme ministred or prescribed any noysome unwholsome or unfitt me­dicine or physicke unto any person or persons within the limitts aforesaid Then and in every such case the said President and Censors or Vice-president and Cen­sors in the absence of the President or any three of them for the tyme being (whereof the said President or in his absence the Vice-president to bee one) shall and may from tyme to tyme punish every such delin­quent Power to fine for giving un­wholsome Physick at will, not ex­ceeding 10 l. or offender by reasonable Amerciament Fine or Imprisonment according to theire discretions to bee by them imposed as aforesaid soe as any such fine doe not exceede the summe of Tenne pounds of law­full money of England And soe as the Imprisonment Also to im­prison, not exceeding 14 dayes. for such offence exceede not the space of fowerteene dayes unlesse it shall bee for non-payment of such fine for which it shall be lawfull to deteyne such Offender [Page 90] in prison untill the same fine bee satisfyed. And to the end that the said Offenders in the premises may bee the better knowne and discovered and may bee for theire said misdemeanors and offences duely and con­dignely punisht according to the meritts of their said offences, WEE doe therefore of our more abundant grace certaine knowledge and meere motion for us our heires and successors give and graunt unto the said President Fellowes and Cominalty of the said Colledge and Corporation and theire Successors full power and lawfull authoritie That it shall and may be lawfull to and for the said President and Censors or Vice-president and Censors (in the absence of the President of the same Colledge for the tyme being) or any three of them (whereof the President or in his absence the Vice-president to bee one) by any pre­cept or processe to be made under their respective Power to summon per­sons by Pre­cept, under hand and Seal. hands and seales to summon and warne any person or persons whatsoever whom they shall know or think meete in or about ministring of any Physicke or Me­dicines or attendant or servant upon any that shall have received Physicke or Medicines upon payment or tender to them and every of them of theire reason­able charges in that behalfe to declare testify or prove against any such Delinquent or Offender in the pre­mises his or their misdemeanors or offences upon reasonable summons and warning to appeare and come before the said President and Censors or any three of them to be examined touching his or theire knowledge of the said Offenders and their misdemea­nours and offences in the premises. And upon his or theire appearance made as aforesaid to administer and give to him or them soe to bee produced to testify as aforesaid an Oath or Oathes and him or them to To give an Oath. [Page 91] sweare upon the Holy Evangelists to testify and de­clare the truth of his and their knowledge concern­ing the said Offenders in the premises and theire said misdemeanors and offences or otherwise to examine him or them without Oath as they shall think fitt. And that if any such person or persons as shalbee thought fitt as aforesaid to declare and testify con­cerning the said offences upon reasonable summons and warneing given as aforesaid and upon tender of his and theire reasonable charges as aforesaid shall willfully make default and shall not accordingly ap­peare The person summoned as a Witness to forfeit 20 s. if not appear, or not depose, or refuse the Oath, &c. before the said President and Censors or any thrée of them (whereof the President or in his ab­sence the Vice-president to bée one) or if hée or they shall appeare and yett nevertheless shall refuse either to take such Oath or Oathes as shall bee then offered or tendred unto him or them as aforesaid or otherwise shall refuse to bee examined without Oath or shall refuse to make answere to such questions as shalbee then asked or demaunded of him or them by the said President and Censors or Vice-president and Censors in the absence of the President of the same Colledge for the tyme being or any thrée of them (whereof the President or in his absence the Vice-president to bée one) concerning his or theire knowledge touching the said offences and misdemeanours or any of them or any other matter or thing concerning the same or the discovery thereof Then every such person and persons shall for every such default or refusall as afore­said forfeit and pay to the said President Fellowes and Cominaltie of the said Colledge and Corpora­tion and theire Successors the summe of twentie shil­lings of lawfull English money. AND WEE DOE further of our especiall grace certeine knowledge and [Page 92] meere motion for us our heires and successors give and graunt unto the said President Fellowes and Cominalty of the said Colledge and Corporation and theire Successors That the said Censors or any thrée of them for the tyme being shall and may have free full and absolute power and lawfull authority att all tyme and tymes when and as often as to them as aforesaid shall seeme meete and convenient att fitt and seasonable tymes of the day to enter into the House Shopp Cellar Vault Workhouse or Warehouse Power to the Censors to enter houses and search. or any other the roome or roomes of the house or houses of any Apothecary Druggist Distiller of Waters Oyles or other Compositions for the ends aforesaid or of any other person or persons that now doth or hereafter shall putt or sett to sale any Medicine Druggs Waters Oyles or Stuffe used or to be used for Medicines within the aforesaid Citties or Suburbs of London and Westminster or within seaven miles thereof And then and there to search viewe trye exa­mine and see the said Medicines Wares Druggs Waters Oyles Medicines and Stuffes of such Apo­thecaries Druggists Distillers Preparers or Sellers of Waters Oyles or Medicines or other person or persons as aforesaid and to examine them upon Oath To examine upon Oath. or without Oath as they shall think best concerning the Receipts and Compositions thereof And all such Medicines Wares Druggs Waters Oyles and Stuffe as the said Censors or any thrée of them as aforesaid shall find to be defective corrupted or not meete or con­venient to be ministred or used in Medicine for the To burn or destroy such Medicines, &c. as they find defec­tive or cor­rupted. health of mans body they the said Censors or any thrée of them shall or may take burne or otherwise de­stroy the same or cause to bée taken burned or other­wise destroyed according to their discretions. AND [Page 93] in case any opposition or denyall shalbée made soe that by occasion thereof such entry search and examination as is aforesaid cannot be made according to the true intent and meaning of theise presents That then and soe often and in every such case every person and per­sons soe opposeing or denying and occasioning the same shall for every such offence forfeit and pay unto the President Fellowes and Comonalty of the Col­ledge and Corporation aforesaid and theire Successors the summe of forty shillings of lawfull money of England to bée had and recovered by leavy and sale of the goods of the person and persons soe offending or imprisonment of his or theire person and persons untill payment thereof shalbée duely made or other­wise in such manner as other Fines and Amercia­ments or any of them hereafter mentioned are or may bée had leavied or recovered. AND We doe further for us our heires and successors give and grant unto the said President Fellowes and Cominaltie of the said Colledge and Corporation and theire Suc­cessors That the President and Censors or Vice-presi­dent and Censors of the Colledge and Corporation aforesaid in the absence of the President or any thrée of them for the tyme being (whereof the President or in his absence the Vice-president to bée one) shall and may have full power and absolute authority att all tymes when and as often as to them shalbée thought meete and reasonable to send for summon Power to summon all Druggists, &c. convent and cause to appeare before them the said President and Censors or Vice-president and Censors of the same Colledge and Corporation in the absence of the President or any thrée of them for the tyme being whereof the President or in his absence the Vice-president for the tyme being to bée one att such [Page 94] tyme and place tymes and places within the aforesaid Citty and Suburbs of London and Westminster or within seaven miles thereof all or any such Apotheca­ries Druggists Distillers Preparers or Sellers of such Waters Oyles or Medicines as aforesaid or any other person or persons whatsoever useing the Art or Mystery of an Apothecary or Druggist or the Trade or Craft of a Distiller Preparer or Seller of Waters Oyles or Medicines or that shall putt or sett to sale any Stuffe Druggs Waters Oyles Medicines or other things whatsoever apt fit or used for Medicines either Simple or Compound within the aforesaid Citty and Suburbs of London or within seaven miles from the same. AND if such person or per­sons soe summoned or warned as aforesaid upon rea­sonable summons and garnishment to him or them in that behalfe made haveing noe reasonable cause to the contrary shall not accordingly make his or their personall appearance before the President and If not ap­pear, Censors or Vice-president and Censors of the Colledge aforesaid in the absence of the President or any thrée of them for the tyme being as aforesaid att such tyme and place as by the said President and Censors or Vice-president and Censors or any thrée of them as aforesaid shall bée reasonably limitted or appointed THEN Wée doe by theise presents declare That it shall and may bee lawfull to and for the aforesaid Pre­sident and Censors or Vice-president and Censors or any thrée of them for the tyme being as aforesaid to impose and inflict such reasonable Penalty Fyne and To fine them at pleasure, not exceed­ing 20 s. Amerciament upon euery such person or persons soe makeing default of appearance as the said Presi­dent and Censors or Vice-president and Censors or any thrée of them as aforesaid shall thinke meete in [Page 95] that behalfe soe as such Fyne or Amerciament for any one such default exceed not the summe of twenty shillings of lawfull English money. AND if any person or persons summoned as aforesaid shall make his or their personall appearance before the aforesaid President and Censors or Vice-president and Censors for the tyme being or any thrée of them as aforesaid att such tyme and place as is or shall bee lymitted or appointed And then and there it shall appeare unto the said President and Censors or Vice-president and Censors or any thrée of them as aforesaid That the said person or persons soe appeareing then or of late had putt or sett to sale any Wares Druggs Waters Bad Medi­cines. Oyles Medicines or Stuffes defective corrupted or not meete or convenient to bée ministred in Medi­cine for the health of mans body or that any such person or persons soe summoned and appeareing as aforesaid then or of late had made or compounded or delivered out any Medicine either simple or com­pounded differing from and not agreeable in name Medicines not made according to direction, &c. nature and quantity unto the prescript or direction de­livered unto the said person or persons before the makeing compounding or delivery of the said Medi­cine Then the said President and Censors or Vice-president and Censors in the absence of the President or any thrée of them for the tyme being whereof the President or in his absence the Vice-president to bee one shall have full power and authority to impose a reasonable Penalty Fyne and Amerciament upon all To fine the party, not exceeding 3 l. for any one offence. and every person and persons soe offending soe as the same Penalty Fyne and Amerciament for any one fault or offence exceed not att any one tyme the summe of thrée pounds of lawfull English money and further to imprison such offender untill he haue To imprison him till pay­ment. [Page 96] made satisfaction and payment of the same fyne soe imposed upon him for the same offence. AND FOR­ASMUCH as Wee are well satisfied in our selfe and hold it most reasonable and requisite that a like care and consideration should bée had and taken of all our good subjects inhabiting or resident in other the Diocesses and parts of this our Realme of England not herein abovementioned nor provided for in mat­ters concerning the good and health of their bodies which to effect and to the end that the abuses and ir­regularities abovementioned may in those parts bee seasonably corrected or tymely prevented and none but able learned and well qualified persons admitted to exercise and practise in Physicke in the parts of this our Kingdome without our said Citty of London and Westminster and the lymitts of seaven miles afore­said, OUR WILL AND PLEASURE is And Wée doe by theise presents for us our heires and successors Grant Constitute and Ordeyne that all and every All practisers of Physick in the Country, out of the limits afore­said, to be licensed by the President and Elects, or any four of them. person and persons whatsoever now or hereafter wil­ling or desirous to exercise or practise Physicke in any the parts of this our Kingdome without the Citties and lymitts aforesaid Doe and shall before hée or they or any of them respectively make any open profession thereof Offer and submitt themselves to the exami­nation and tryall as to their severall abilities and qualifications requisite in that faculty of the President and Elects or Vice-president and Elects in the absence First to be examined. of the President of the Colledge aforesaid or any foure of them for the tyme being (whereof the Pre­sident or in his absence the Vice-president for the tyme being to bée alwayes one) To the end that such per­son and persons as on such Examination or Tryall shall appeare to bée able and qualified for the exercise [Page 97] of that faculty may bée approved and allowed of by If able ap­proved, &c. By testimo­nial under the hands of the particu­lar tryers. testimoniall in writing under the particular hands of the persons respectively so examining and approveing them. AND WEE DOE hereby will and require and by theise presents for us our heires and succes­sors give and grant unto the President and Elects of the Colledge aforesaid and in the absence of the Pre­sident to the Vice-president and Elects of the same Colledge for the tyme being or any foure of them (whereof the President or in his absence the Vice-president for the tyme being to bée one) from tyme to tyme to receive send for and call before them all and every such person and persons that is or shall be willing or desirous or shall begynn or venture to exer­cise Power to the President and Elects, &c. to sum­mon, exa­mine and give Testi­monials, &c. or practise in the said faculty of Physicke within any the parts of this our Realme of England without the Citty and lymitts aforesaid And them and every of them well faithfully and exactly to examine and make tryall of their severall and respective qualifica­tions and abilities as to the said faculty of Physicke and the exercise and practice thereof And to allowe lycence and approve of such and soe many of them as shall bée by the said Examiners respectively as afore­said adjudged able and qualified for that profession And thereupon to make and give unto them and every of them soe approved of as aforesaid a testimoniall in writing under the hands of the Examiners respec­tively as aforesaid AND alsoe to refuse suppresse and reject all and every such person and persons as to Reject per­sons unfit. the said Examiners respectively appointed as aforesaid shall from tyme to tyme appeare to be insufficient or not duely qualified for the exercise of that faculty AND FURTHER by all just and lawfull wayes and meanes possible in the future to the utmost of their [Page 98] power to prevent or tymely to reforme and correct the abuses irregularities and enormities aforesaid in all and every the parts of this our Realme without our said Citty of London and Westminster and lymitts of seaven miles aforesaid. AND our further will and pleasure is And Wee doe by these presents for us our heires and successors Graunt Constitute and Or­dayne that noe person or persons whatsoever Except None to practise in the Country, till licensed, under pain of 5. l. per Mensem, ex­cept Gradu­ates in the Universities. hee or they bee a Graduate or Graduates of Oxford or Cambridge which have or hath accomplished all things for his or their forme without any grace shall doe or may from henceforth exercise or practise or bee permitted to exercise or practise in the said Art or Fa­culty of Physicke in any part or parts of this our Realme of England without our said Citty and the lymitts aforesaid untill he or they respectively shall be examined tryed and approved of as aforesaid and have and receive a Testimoniall thereof in writing as afore­said upon paine of forfeiting of five pounds of law­full money of England unto the said President Fel­lowes and Comonalty of the Colledge aforesaid and their Successors for every Moneth wherein any such person or persons shall soe exercise or practise in the said Art or Faculty of Physicke as aforesaid being not duely examined and approved of or haveing not had or received his Testimoniall as aforesaid All and every such forfeiture summe and summes of money to be had and recovered in such manner and by such wayes and meanes as the said penalty or forfeiture of Tenn pounds the Moneth for practising without To be reco­vered as the 10 l. forfei­ture. lycence within our said Citty of London or seaven myles thereof as aforesaid is ought or may bee had sued for obteyned or recovered And in which Actions Suite or Suites to bee had brought or prosecuted▪ noe [Page 99] Essoyne wager of Lawe or protection shall or ought to bée admitted or allowed for or to any Defendant or Defendants therein. AND WEE WILL and for us our heires and successors Doe hereby graunt that the Playntiffe and Playntiffs in all and every Action and Actions Bill Suite Plaint or Information here­after brought or to bée brought exhibited or prosecuted for the recovery and obteyneing of the said severall paynes or forfeitures of Tenn pounds the Moneth and five pounds the Moneth any or either of them wherein such Playntiffe or Playntiffs shall or ought to have recover or obteyne his or their Iudgment therein respectively shall have and recover his and theire reasonable Costs of suite to bée from tyme to tyme taxed and assessed by the Iudge Iudges or Iusti­ces of the Court wherein such Action or Actions Bill Playnt or Information shall be brought or prosecuted as aforesaid and shall alsoe have his and theire Exe­cution and Executions for the same in such manner to all intents and purposes as in any Action of debt Case or Trespass is now used or ought to bée had given or done in any of our Courts of Record att Westminster And that the Defendant and Defen­dants in every such Action and Suite Bill Playnt or Information wherein Iudgment is or ought to bee given for such Defendant or Defendants shall have and recover his and theire Costs of suite in such man­ner as in any Action or Actions of Debt Case or Trespasse is nowe used or ought to bée had or given in any of our Courts aforesaid. AND WEE DOE hereby for us our heires and successors impower and enjoyne all Iudges and Iustices of us our heires and successors to act and performe accordingly any Acte Statute Lawe Vsage or Provision whatsoever [Page 100] to the contrary thereof in any wise notwithstanding. AND WEE WILL and by these presents for us our All Fines, Forfeitures and Amer­ciaments to be approved by the next Court, and registred, be­fore any le­vy or execu­tion be had thereof, and after by War­rant to com­mit the par­ty untill, &c. or levy it of his goods. 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 The 10 l. and 5 l. per Men­sem 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 [Page 101] 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 shalbee 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 Appeal to, himselfe grieved thereby That then it shall and may bee lawfull to and for every such person and persons Within one Month after the Fine ap­proved in Court. 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 [Page 102] 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 Visitors Con­stituted. 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 Power to re­ceive and de­termine Ap­peals, &c. 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. [Page 103] 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 To the said Visitors, or any two of them. 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 To remove the Cause before them. 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 To summon and swear Witnesses. 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 and doe by all such just and lawfull wayes and meanes as shall be requisite or necessary for the better and speedier effecting of the premises in all things accord­ing to the best of their Iudgments and to the truth of the matter appeareing before them. AND FUR­THER that it shall and may bée lawfull to and for [Page 104] the said Visitors or any two or more of them for the tyme being from tyme to tyme and att any tyme af­ter such cause or matter heard or determined by them After sen­tence to re­mit the Cause. or any two of them as aforesaid to remitt and certifie back again to the said President Fellowes and Comi­nalty of the said Colledge of Physitians their judg­ment and proceedings therein respectively To the end that due execution and proceeding may bée had and made thereupon according to the tenor true intent and meaning of these presents. AND Wee will and by these presents for us our heires and successors doe constitute ordaine declare and graunt that all and every Iudgment Sentence and Decree hereafter All Judg­ments in such Appeal to stand good, and no fur­ther relief or appeal after. made or to bée made by the Visitors aforesaid or any two or more of them upon any Appeale or Appeales of in or concerning the premises shalbée and stand firme and good and bée binding and concluding to all and every person and persons party and parties concerned therein respectively and noe further or other Appeale or releife to bée had sought made or given therein in any Court of Lawe or Equity or elsewhere or other­wise however. PROVIDED allwayes and Wée will and by these presents for us our heires and successors doe constitute ordaine and grant that in case of neg­lect or delay of prosecution of any Appeale or Appeales Provided if neglect of prosecution, or the Ap­peal not de­termined within six Months, the President and Censors to proceed as if no Ap­peal therein. hereafter to bée had or made in the premisses according to the tenor of these presents or that Iudgment De­cree or Sentence bee not from tyme to tyme had and obtayned in all and every such Appeale and Appeales at the prosecution of the partie or parties respectively soe Appealing within six Moneths after every such Appeale or Appeales from tyme to tyme respectively made That then and in every such Case it shall and may bee lawfull to and for the President Fellowes [Page 105] and Commonalty of the Colledge aforesaid and their Successors and to and for the said President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them as is above mentio­ned to act and proceed in and upon every such Mat­ter Cause Iudgment Sentence or Decree on which such Appeale or Appeales shall bee soe made as afore­said and neglected delayed or not determined in tyme by the Visitors as aforesaid in such manner and to all intents and purposes as if such Appeale or Appeales had never byn or byn made Any thinge in these pre­sents conteyned to the contrary thereof in any wise notwithstanding. AND WEE DOE by these presents To proceed on Judg­ment in Ap­peal after remitted, as in other case before Ap­peal. for us our heires and successors further graunt consti­tute and ordeyne that itt shall and may bee lawfull to and for the President Fellowes and Cominalty of the Colledge of Physitians aforesaid and their Suc­cessors and to and for the President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the President or any three of them as is above mentioned to act doe and proceed by way of Action Distresse Imprisonment or otherwise in and upon all and every matter cause and thing judgment sentence and decree whatsoever here­after to bee made given ratified or confirmed by the Visitors aforesaid or any twoe or more of them in or upon any Appeale or Appeales to them to bée made as aforesaid and by them from tyme to tyme remitted as aforesaid in such and the like manner to all intents and purposes as by these presents they or any of them may or are impowered to doe in the same or the like Cases when noe Appeale or Appeales shall bée had or made therein Any thing in these presents conteyned [Page 106] to the contrary thereof in any wise notwithstanding. PROVIDED alsoe and our will and pleasure is That Provided that no Of­fender be questioned but within a year after the Offence committed. noe person or persons whatsoever shall att any tyme hereafter bee ympeached sued fyned amerced or other­wise punished by vertue of these presents or for any offence or other matter cause or thing whatsoever therein specified or conteyned unlesse hee or they re­spectively bee from tyme to tyme impeached sued fyned amerced or otherwise questioned or punished for such his or their offence or other matter cause or thing aforesaid within one whole yeare next after the same shall be committed or done or such person or persons lyable to bée questioned or punished for the same. AND WEE DOE further of our especiall grace cer­taine All Fines and Amercia­ments given to the Col­ledge. knowledge and meere motion for us our heires and successors give and grant unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors all and sin­gular the Fynes Amerciaments Penalties and For­feitures and every of them by virtue of these presents or any Act of Parliament hereafter to bee made in pursuance or Confirmation thereof or of any the Let­ters Patents or Acts of Parliament Ordinances De­crees or Impositions aforesaid hereafter to bee assessed forfeited sett or imposed upon any Physitian or Practi­zer of Physicke as aforesaid or to bee forfeited sett or imposed upon any Apothecary Druggist or other person or persons whatsoever for or by reason of any misdemeanor offence contempt or default whatsoever before in or by these presents or any the Letters Pa­tents Acts of Parliament Ordinances Decrees or Impositions mentioned or specified to bee ymployed and disposed as hereafter in and by these presents is declared (The penalties and forfeitures of the Re­cognizances [Page 107] hereafter in and by these presents men­tioned Except the penalties and forfei­tures on Re­cognizances. and directed to bee taken in the name of us our heires and successors allwayes excepted) AND that the said President Fellowes and Cominalty of the Colledge of Physitians aforesaid and their Suc­cessors shall and may by the name of the President Fellowes and Cominalty of the Kings Colledge of Physitians in the Citty of London att all tymes hereafter and from tyme to tyme in any of our Courts of Record according to the due course of Lawe sue for recover levy and take execution of and Power to sue for them, and levy them as aforesaid. for the said Fynes Amerciaments Penalties and For­feitures and every or any part thereof or otherwise levy or obtaine the same and every part thereof (Ex­cept the said penalties and forfeitures of Tenn pounds and five pounds per Mensem) by Imprisonment of the Bodies or distresse and sale of the Goods of the persons offending as aforesaid in manner and forme aforesaid. AND FURTHER Wée will and hereby doe order and direct that all and every summe and summes of money had made accrewing or ariseing by or out of the same Fynes Forfeitures Penalties All the Fines (charges de­ducted) to go to the poor. and Amerciaments any or all of them other then the said forfeitures of Tenn pounds per Mensem and five pounds per Mensem the just and reasonable charges and expences in the sueing for or obteyning thereof respectively being first deducted and reteyned shall from tyme to tyme for ever hereafter within three Moneths after payment recovery or obteyning there­of bee well and duely imployed distributed and dispo­sed of by the said President and Fellowes of the said Colledge of Physitians and their Successors or the major part of them for the tyme being (whereof the President for the tyme being to bee one) to and [Page 108] amongst the poore of the Parishe or Place Parishes or Places respectively wherein the Offence or Offen­ces for which such Fyne or Fynes Amerciament or Amerciaments respectively shall bée sett or imposed as aforesaid is are or shall bee respectively done or com­mitted in such manner and by such proportions as to them shall seeme fitting and requisite without the lett disturbance or interruption of us our heires or suc­cessors or any the Officers or Ministers of us our heires or successors and without giveing or rendering any account or recompence thereof or therefore to us our heires or successors. NEVERTHELESSE Wee 6 l. per ann. reserved to the King. will and our intent and meaning is That the said President Fellowes and Comonalty of the said Col­ledge and Corporation and theire Successors shall answeare and pay unto us our heires and successors for and in respect of the said penalties and forfeitures of Tenn pounds per Mensem and five pounds per Mensem herein before mentioned and to them by these presents graunted as aforesaid the yearely Rent of six pounds of lawfull money of England in liew and stead of the like yearely rent of six pounds reserved and payable in and by the Letters Patents of our said Royall Grandfather above mentioned to bée paid att the Receipt of our Exchequer att Westminster att the feast of Saint Michaell the Archangell and the Annunciation of the blessed Lady Mary the Virgin by even and equall portions Any thing in these presents contayned to the contrary thereof in any wise not­withstanding. AND for the preventing of any que­stion that may arise concerning a double rent KNOW YEE further that Wée of our especiall grace certaine knowledge and meere motion HAVE remised relea­sed acquitted and discharged. And by these presents [Page 109] for us our heires and successors Doe remise release acquitt and discharge aswell the said President and Colledge or Comonalty in the Letters Patents afore­said specified and theire Successors as the said Presi­dent Fellowes and Commonalty and their Successors and every of them of and from the said yearely rent of six pounds reserved and payable by the said Let­ters Patents of our said Royall Grandfather as afore­said and of and from all and every part and parcell thereof And all our right interest title clayme and de­maund of in or to the same every or any part thereof. AND Wée will and by these presents for us our heires and successors doe graunt unto the said President Fellowes and Commonalty of the Kings Colledge of Physitians aforesaid and to their Successors that the President and Fellowes or the Vice-president and Fellowes of the same Colledge for the tyme being in the absence of the President or the major part of Power to choose a Re­gister. them present being not lesse in number then fifteene whereof the President or in his absence the Vice-presi­dent to bee one being assembled together in their Hall or Council-house aforesaid shall and may from tyme to tyme Nominate Elect and Appoint One honest and discreet person being one of the Fellowes of the said Colledge whoe shall bée and shall bée called the Register to the same Colledge and shall from tyme to tyme bée attendant on the President and Fellowes of the said Colledge and their Successors and shall sett downe in writing register and enter into a Booke His duty. all such Rules Orders Statutes Decrees Acts Ordi­nances and other things as shall from tyme to tyme bée had made done provided or ordeyned by the said President and Fellowes and their Successors or the greater part of them att such their Courts Meetings [Page 110] and Assemblies aforesaid and alsoe shall and may from tyme to tyme when and as often as to them shall seeme meete ordaine make constitute and appoint such and soe many other meete Officer or Officers Mini­ster Power to choose other Officers. or Ministers as to the said President and Fel­lowes or Vice-president and Fellowes in the absence of the President and their Successors or the greater part of them assembled as aforesaid from tyme to tyme shall bée thought fitt and necessary for their ser­vice and benefitt. WHICH Register Officers and Ministers shall from tyme to tyme bée duely and se­verally sworne before the President or in his absence To be sworn. the Vice-president of the same Colledge for the tyme being according to the prescript and directions above­said and the true intent and meaning of these presents AND the same Register and all and every other Offi­cer and Minister by them to bée soe elected made con­stituted or appointed as aforesaid shall and may from tyme to tyme upon reasonable and just cause remove expell and putt out of his and their said Offices and To put them out again, &c. Places and elect and putt others in his and their roomes and places when and as often as to the said President and Fellowes or Vice-president and Fel­lowes in the absence of the President or the greater part of them (whereof the President or in his ab­sence the Vice-president for the tyme being to bée one) shall seeme meete and convenient. AND FUR­THER Wee doe for us our heires and successors To take Re­cognizances of Offenders. give and graunt unto the said President Fellowes and Commonalty of the Kings Colledge of Physi­tians aforesaid and theire Successors that itt shall and may be lawfull to and for the said President and Censors or Vice-president and Censors of the same Colledge for the tyme being in the absence of the [Page 111] President or any three of them (whereof the Presi­dent or in his absence the Vice-president to bee one) to cause such persons as shall be convented for any the offences aforesaid and shall bee found offenders therein to become bound unto us our heires and successors and to our use in one or more severall Re­cognizances in such summe or summes as they shall thinke fitt not exceeding the summe of One hundred pounds with Conditions thereunto for restrayning them to offend any more in that behalfe as to the rect. Presi­dent and Censors or to the Vice-president and Censors in the ab­sence of the President or any three▪ President or Vice-president and Censors in the ab­sence of the President and Censors or any three of them whereof the President or in his absence the Vice-president for the tyme being to bee one shall seeme meete. And if such person or persons shall refuse to become soe bound by such Recognizance with such condition that then itt shall and may bee lawfull to and for the said President and Censors or Vice-presi­dent and Censors of the same Colledge for the tyme being in the absence of the President or any three of them whereof the President or in his absence the Vice-president to bee one to commit such person and To commit such as re­fuse to enter into Recog­nizance. persons to prison and him and them to deteyne in pri­son untill he or they shall become bound in such Re­cognizance with such condition as aforesaid. AND WEE WILL and by these presents for us our heires and successors doe enjoyne order and commaund all and every Warden Goaler and Keeper Wardens Goalers and Keepers of our Wards Goales and Goalers to receive and detain the Prisoners. Prisons within our said Citty of London and the li­mitts and precincts aforesaid (Except before excepted) that they and every of them doe from tyme to tyme yeild and give all due obedience and observance to the said President and Censors or Vice-president and [Page 112] Censors of the Colledge aforesaid for the tyme be­ing in the absence of the President and to all and every such Warrant and Warrants as by them or any three of them for the tyme being (whereof the said President or in his absence the Vice-president to bee one) shall by virtue of these presents or any the Letters Patents or Acts of Parliament aforesaid bee duely made and directed to any the Wardens Goalers or Keepers of our Prisons aforesaid or any of them And that they and every of them doe and shall receive into his or their Custody in such prison or prisons (whereof he or they shall then bee Warden Goaler or Keeper) all and every such person and persons as by vertue of such Warrant or Warrants shall bee sent or committed to him or them and there shall safe­ly keepe every such person and persons so Committed in any of their Prisons att the proper costs and char­ges of the said person or persons soe Committed with­out Bayle or Mainprise according to the tenor forme and effect of such Warrant and Warrants untill such person or persons shall bée duely discharged upon paine that all and every such Warden Goaler or Keeper doeing the contrary shall loose and forfeit the double of all and every such Fyne or Fynes Amerciament Penalty. and Amerciaments summe and summes of money for which or Non-payment whereof such person or persons respectively were or shall bee soe Committed as aforesaid PROVIDED that any such Fyne Amer­ciament or Summe of money bée not att any one tyme above the summe of Twenty pounds The one moyety thereof to bée ymployed to the use of us our heires and successors and the other moyety to the said President and Fellowes of the Kings Colledge of Physitians aforesaid to and for the use of the poore [Page 113] aforesaid and to bée disposed and distributed as afore­said. AND all the same forfeitures to bée recovered by Action of debt Bill Playnt or Information in any Court of Record of us our heires or successors against any such Warden Goaler or Keeper soe offending in which suite noe Essoyne wager of Law nor Protection shall bee allowed or admitted for the Defendant. AND WEE DOE FURTHER of our especiall grace certaine knowledge and meere motion for us our heires and successors give and graunt unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians and their Successors that itt shall and may be lawfull to and for the President and Fellowes of the same Colledge for the tyme being and their Successors yearely and every yeare for ever hereafter att their frée liberty and pleasure to have and take att once or severall tymes without contra­diction the dead Bodies of six severall persons of Men Liberty to take six Bo­dies yearly for Anato­mies, or Woemen condemned adjudged and putt to death for Felony or other offence by the due course and or­der of the Lawes of this our Realme within our said Citty of London or our Countyes of Middlesex and Surrey or either of them for Anatomies without any further Surte Lycence or Commission to or from us our heires or successors to bee had made or ob­teyned for the same And from tyme to tyme to make incision of the same dead bodyes or otherwise to or­der the same after their discretions att their liberty and pleasures for their further and better knowledge instruction insight learning and experience in the fa­culty and science of Physicke and Chirurgery. PROVIDED allwayes and We will and direct that Provided they be bu­ried after. all and every such dead body and bodies had taken or used for or as Anatomies bée from tyme to tyme after [Page 114] such use made thereof as aforesaid decently buryed att the costs and charges of the said President and Fel­lowes and their Successors. AND Wée doe further of our especiall favour certaine knowledge and meere Liberty to purchase Lands. motion for us our heires and successors give and grant unto the said President Fellowes and Comi­nalty of the Kings Colledge of Physitians and their Successors speciall lycence free and lawfull liberty power and authority to acquire purchase receive and take unto the said President Fellowes and Cominalty of the same Colledge and their Successors for ever to the use of them and their Successors for ever And alsoe to all and every other person and persons full and free power lycence and authority to give graunt and convey unto them the said President Fellowes and Cominalty of the Colledge aforesaid and their Successors for ever to the use of them and their Suc­cessors for ever any Mannors Messuages Lands Te­nements Tythes Rents Reversions and Heredita­ments soe as the same doe not exceed in the whole the cleare yearly value of Two hundred pounds above all charges and reprises The Statute of Alienation 200 l. per ann. in Mortmaine or any other Statute Act Law Ordi­nance or Provision heretofore made ordeyned or pro­vided or any other matter cause or thing to the con­trary in any wise notwithstanding And this without any Writt or Writts of Ad quod dampnum or other Licence or Letters Patents Inquisitions or Man­dates of us our heires or successors to bée had made prosecuted sued for or obteyned in that behalfe. AND WEE WILL and by these presents for us our heires and successors Doe give and graunt unto the said President Fellowes and Comonalty of the Kings Colledge of Physitians and their Successors That [Page 115] all and every Physitian and Physitians that now is or are or that hereafter shall bee Elected Admitted and made a Member of the same Colledge shall from tyme to tyme be wholly and absolutely freed exempt and discharged of and from serving or appearing in any Iury or Iuries for the tryall of any matter or Physicians not to be of Juries, nor Churchwar­den, Consta­ble, nor Sca­venger in London, or seven miles distant, &c. cause or takeing finding or executing of any Com­mission or Inquisition whatsoever and of and from being or chosen to bee Churchwarden Constable Scavenger or any such or the like Officer or Offi­cers And of and from the undertakeing execution and exercise of all and every the same and such like Office and Offices Place and Places and every of them And alsoe of and from all Watch and Ward Watch and Ward. Bearing and providing Armes. and of and from beareing and providing Armes with­in our Citties of London or Westminster or either of them or any the Suburbs or Liberties of the same Citties or either of them or within seaven miles compasse thereof. AND in case they or any of them shall att any tyme hereafter by any wayes or meanes bee designed appointed nominated or cho­sen into or to undergoe or beare or performe any of the said Office or Offices Place or Places Duety or Dueties or any of them within our said Citties or the Suburbs or Liberties thereof or lymitts afore­said That all and every such designation appointment nomination and election shall bee utterly void and of none effect any Statute Act Ordinance Constitu­tion Order Custome or Law to the contrary there­of in any wise notwithstanding. AND Wee doe Confirmati­on of all for­mer Grants, further for us our heires and successors give and graunt unto the said President Fellowes and Com­monalty of the said Kings Colledge of Physitians aforesaid and their Successors AND by these pre­sents [Page 116] declare and manifest our pleasure for ever to bee That the said President Fellowes and Cominal­ty and their Successors shall and may have take hold receive use exercise and enjoy all and singular the Guifts Graunts Liberties Priviledges Immunities Freedomes Benefitts Advantages Proffitts Como­dities Power Ability and Authority herein before mentioned or by any Act or Acts of Parliament here­tofore given graunted or confirmed unto the Presi­dent Colledge or Cominalty aforesaid or any of them and not hereby altered changed made void or nulled Not hereby altered. without the lett hinderance interruption or distur­bance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons whatsoever And that as fully and amply to all intents and purposes as the said President Colledge or Cominalty or any the Members thereof or any of them had used exer­cised or enjoyed or may might could or ought to have had used exercised or enjoyed the same or any thereof. AND FURTHER of our like especiall grace cer­taine knowledge and meere motion WEE WILL and for us our heires and successors Doe promise and To consent to a Bill in Parliament for Confir­mation. graunt to and with the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors by these presents that in the present or next Parliament or Session of Par­liament of us our heires or successors now held or hereafter to bee called and held within this our Realme of England Wee our heires and successors will give and graunt our Royall and free assent and consent to any Act Bill or Petition by the said Pre­sident Fellowes and Cominalty or their Successors or any of them in Parliament as aforesaid to bee ex­hibited [Page 117] or preferred and by the Lords Spirituall and Temporall and the Commonalty of the said Parlia­ment to bee approved and assented unto for the bet­ter inabling authorising and investing of the said President Fellowes and Commonalty and their Successors to and with the severall Graunts Pow­ers Priviledges Authorities Exemptions Immuni­ties and other matters and things to them in or by these presents given graunted or confirmed or intended to bee to them given graunted or confirm­ed according to our gracious intent and meaning herein before specified and expressed. AND FUR­THER Wée will and by these presents for us our heires and successors Doe graunt unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Suc­cessors that these our Letters Patents and all and singular the Guifts Graunts Authorities Powers Priviledges and Immunities and other things here­in conteyned shall bée good firme avayleable and effectuall in the Law to the intents and purposes aforesaid And shall bée in all and every of our Courts of Record and elsewhere had taken con­strued and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President Fel­lowes and Cominalty and their Successors any Statute Act Ordinance Custome Vsage Guift Grant or any other matter or thing heretofore had made used ordeyned or provided to the contrary in any wise notwithstanding. ALTHOUGH EXPRESSE MENTION of the true yearely value or certainty of the Premisses or of any of them or of any other Guifts or Graunts by us or any of our Progenitors [Page 118] or Predecessors heretofore made to the said Presi­dent Fellowes and Cominalty of the Kings Col­ledge of Physitians aforesaid in these presents is not made or any Statute Act Ordinance Provision Proclamation or Restriction heretofore had made enacted ordeyned or provided or any other matter cause or thing whatsoever to the contrary thereof in any wise notwithstanding. IN WITNESS where­of Wée have caused these our Letters to bée made Patents. WITNESS our selfe att Westminster the Sir and twentieth day of March in the Fifteenth yeare of our Raigne.

By the King.
HOWARD.

A Royall Charter granted to the Apothecaryes of London 30 Maii 13 Jacobi.

REX omnibus ad quos, &c. salutem. Cùm ante­hac per Litteras nostras Paten' sub magno sigillo nostro Anglie confect' geren' dat' apud Westm' nono die Aprilis Anno regni nostri Anglie Francie & Hiber­nie Apothecaries and Grocers made one Cor­poration, 4 Jac. quarto & Scocie de gratia no­stra speciali voluerimus ordinaverimus & concesserimus quod omnes & singuli liberi homines mysterii Grocer' & Pharmacopol' Civitat' London & Successores sui de­inceps imperpetuum pro meliori ordine gubernatione & regimine hominum myster' Grocer' & Pharmaco­pol' Civitatis London ac pro utilitate commodo & re­levamine bonorum & proborum ac formidine & cor­rectione malorum dolosorum & improborum forent & essent vigore earundem Litterarum Paten' unum Cor­pus corporatum & politicum in re facto & nomine per nomen Custod' & Communitatis myster' Grocer' Civitat' London & eosdem per nomen Custod' & Communitat' myster' Grocer' Civitat' London unum corpus corpo­ratum & politicum in re facto & nomine realiter & ad plenum pro nobis heredibus & successor' nostris per easdem Litteras nostras. Paten' adtunc erexerimus fece­rimus ordinaverimus constituerimus & declar averimus & quod per idem nomen successionem h'erent perpetu­am prout per easdem Litteras nostras Paten' (inter alia) pleniùs liquet & apparet. Jam verò quum nobis sit The grounds for this New Charter. demonstratum ex parte dilectorum subditorum nostro­rum Pharmacopol' Civitat' nostre London necnon nobis [Page 120] affirmatum & approbatum per dilectos nobis Theodo­rum de Mayerne & Henricum Atkins in Medicinis Doctores Medicos nostros discretos & fideles Quod hiisce proximis annis quamplurimi Empirici & homi­nes Empiricks. ignari & inexperti in Civitate nostra London ac ejusdem Suburbiis inhabitant & commorantur qui in Pharmacopoli arte & mysterio haud instituti sed in eadem imperiti & rudes quamplurima insalubria noci­va Hurtfull Me­dicines. falsa corrupta & perniciosa faciunt & componunt medicamenta eademque in plurimas hujus regni nostri Anglie partes vendunt & assidue transmittunt in con­vitium & opprobrium non solùm Medicine sciencie il­lius colende Medicorúmque hujus regni nostri Anglie literat' eandem profitentium necnon Pharmacopoeio­rum Civitat' nostre London in eadem arte & mysterio educat' & expert' verùm eciam in subditor' nostror' pericula & assidua vite discrimina. Cumque ad jura nostra regia & regimen supremum quo universos sub­dit' nostros singulásque regni nostri partes membra & societates temperamus & complectimur spectat ut probono publico & temporum ratione novas Societates atque nova Corpora corporat' & politica creare erigere instituere & superinducere ad beneplacitum nostrum possumus tam ex personis que prius plane separat' & in null' corpus redact' & collect' fuerunt quàm ex membris Corporum corporat' veter' ubi hoc ad melius regimen populi nostri videbitur expedire. Nos igi­tur considerantes officii nostri Regii munus esse subdi­torum nostrorum saluti & bono publico omnibus viis & modis providere & consulere ac nobiscum perpen­dentes quomodo improborum istorum hominum cona­tibus The Apothe­caries sepa­rate from the Company of Grocers. tempestivè occurramus (de advisament' Consilii nostri in legibus eruditi) apprime necessarium duxi­mus Pharmacopoeios Civitat' nostre London ab homini­bus [Page 121] liberis myster' Grocer' ejusdem disunire disjungere separare & dissociare ac eosdem Pharmacopoeios per seipsos solum & divisim ac ab hominibus liberis my­ster' Grocer' predict' ad omnes intentiones & proposit' disunitos & separatos in unum Corpus corporat' & And made an Incorporation. Politicum erigere creare & constituere ad quos omni futuro tempore incommodorum istorum cura & cor­rectio demandata & commissa foret. Ita tamen ut Subject to the Magistracy of the City, as well as o­thers. superior' ac general' regimin' Civitat' nostre London & Magistrat' ejusdem in modum aliarum Societat' sub­jiciantur. SCIATIS igitur quòd nos dilectorum & fidelium Medicor' nostrorum Theodori de Mayerne & Henrici Atkins necnon Pharmacopoeiorum predict' precibus inclinati potissimùm verò ex regali nostra cura & solicitudine Statum Reipublice promovendi ac bonum publicum procurandi ut Empiricorum & hominum ignaror' & inexpert' predictor' inscitia teme­ritásque compescatur unde plurima incommoda & pe­ricula rudi & credule plebi assiduè oriantur Ac ut Pharmacopoei inferiùs nominati tam à predicto Cor­pore politico liberorum hominum myster' Grocer' Civi­tat' London quàm à quibuscunque aliis corporibus Poli­ticis Societat' sive Communitat' quarumcunque aliar' artium facultat' sive myster' in eadem Civitate nostra London disuniantur separentur & disjungantur ac in Corpus unum Politicum & Corporatum per seipsos per nos facti constituti & creati imposterum perpetuis fu­turis temporibus ad omnia proposita & intentiones sint & remaneant quàm pro aliis causis urgentibus nos specialiter moventibus de gra' nostra speciali ac ex cer­ta sciencia & mero motu nostris volumus ac per pre­sentes pro nobis heredibus & successor' nostris Williel­mo The persons first incorpo­rated, were these 114. Besse, Edmundo Phillipps, Laurencio Mansfeild, Thome Colthurst, Richardo Bacon, Stephano Higgins, [Page 122] Willielmo Compton, Richardo Trowt, Georgio Sheeres, Willielmo Hutton, Willielmo Chaphin, Willielmo Quick, Thome Whitley, Johanni Parkinson, Radupho Clayton, Willielmo Gwyn, Humfrido Gravenor, Laurencio Lind, Johanni Huett, Nicholao Gibson, Johanni Slater, Petro Watson, Willielmo Checkley, Thome Tomlinson, Da­nieli Darnelley, Willielmo Clark Senior', Adriano Bar­ton, Willielmo Wells, Richardo Edwards, Richardo Palmer, Willielmo Peck, Josie Harris, Thome Bullard, Israeli Wolfe, Jacobo Colwell, Thome Cristie, Thome Hicks, Roberto Hudson, Johanni Sheppard, Thome Fones, Gabrieli Sherife, Johanni Warkehowse, Johanni Walter, Jacobo Fothergill, Samueli Jones, Thome Bate, Georgio Walsham Senior', Timotheo Read, Lodovico Moreton, Thome Bell Senior', Edvardo Cooke, Rober­to Bourman, Tobie Wincks, Johanni Lested, Williel­mo Shambrooke, Edvardo Tasborough, Johanni Da­son, Leonardo Stone, Johanni Hinson, Isaaco Young, Willielmo Nock, Richardo Salter, Johanni Evans, Wil­lielmo Spencer, Simoni Drew, Jolif Lownes, Samueli Lenn, Richardo Young, Roberto Vawdry, Jacobo Everett, Nicholao Goffe, Petro Howell, Francisco Baldwyn, Edvardo Clarke Junior', Johanni Wheeler Junior', Gilberto Johnson, Roberto Elkyn, Johanni Browne, Thome Broome, Richardo Glover, Williel­mo Bell Junior', Roberto Hore, Stephano Chase, Sa­mueli Mosse, Philippo Griffeth, Samueli Harrison, Jo­hanni Morecroft, Jacobo Rand, Johanni Hide, Jacobo Walsham, Abrahamo Webb, Johanni Taylor, Radul­pho Yardley, Thome Rashton, Johanni Sares, Georgio Houghton, Rogero Harris, Georgio Stewarde, Richardo Swetson, Roberto Mace, Johanni Kellett, Richardo Bragge, Miloni Sparks, Jacobo Tomkins, Richardo Ashbie, Zacharie Warren, Richardo Blackwell, Willi­elmo [Page 123] Cleyton, Willielmo Roberts, Francisco Unrayne, Richardo Moore, Carolo Munck, Samueli Tubman, & Michaeli Eason, ac omnibus aliis personis quibus­cunque subditis nostris naturalibus in arte facultate sive Natural Sub­jects, mysterio Pharmacopoeior' educat' & perit' eandémque artem facultatem sive mysterium hoc tempore exercen' sive existen' liberis hominibus myster' Grocer' Civitat' London ac cum eisdem conjunctim & promiscuè in u­num Corpus corporatum & Communitat' (ut prefertur) fact' & constitut' sive existent' liberis hominibus ali­quar' aliar' artium facultatum sive myster' in Civitat' London ac cum eisdem in unum Corpus corporat' So­cietat' sive Communitat' antehac per nos seu per aliquem vel aliquos Progenitor' nostrorum fact' incorporat' sive constitut' Quod ipsi & eorum unusquisque una cum omnibus & singulis eorum Apprenticiis qui ante dat' And their Ap­prentices. Presencium coram Custod' myster' Grocer' predict' seu coram Custod' sive Magistris aliquar' aliar' artium fa­cultat' sive myster' in Civitat' London alicui Pharma­copoeio sive aliquibus Pharmacopoeiis posuerunt seipsos Apprenticios tam à predicto Corpore Politico & Com­munitat' liberor' hominum myster' Grocer' predict' quàm ab omnibus aliis Corpor' Politicis Communitat' sive So­cietat' aliquar' aliar' artium facultat' sive myster' in Ci­vitat' London quibuscunque disuniantur separentur di­vellantur disjungantur ac dissocientur eosdemque Phar­macopoeios & eorum quemlibet ante nominat' sive mencionat' una cum omnibus & singulis eorum Ap­prenticiis predict' ex regali nostra prerogativa & Jure regio disunimus separamus divellimus disjungimus & Separated from the Gro­cers, dissociamus & eosdem Pharmacopoeios una cum om­nibus & singulis eorum Apprenticiis predict' virtute harum Literarum nostrarum Paten' immunes liberos acquietat' exoneratos & penitus exemptos (ad omnia [Page 124] proposita & intentiones) quàm de & ab omnibus Ju­rament' Jurisdictionibus Potestat' Authoritat' Statut' Ordinationibus Constitution' Supervis' Scrutin' Sum­monition' Convocationibus Conventionibus Regim' Gu­bernationibus Ordinationibus Correction' Impositioni­bus Taxation' Collection' denarior' solutionibus & One­ribus Finibus amerciament' imprisonament' districtio­nibus And exempt from all Fines, Amer­ciaments, &c. from the same. penis & penalitat' quibuscunque Custod' & Com­munitat' myster' Grocer' predict' pro tempore existen' aut eorum successor' quàm alior' quorumcunque Cor­por' Politicor' Communitat' sive Societat' in Civitat' no­stra London & successor' suorum per presentes volu­mus esse & remanere deinceps imperpetuum aliquibus Statut' Act' Parliament' Ordination' Provisionibus Con­suet' Concession' Confirmation' Privileg' Chart' aut Literis Paten' nostri vel aliquor' Progenitor' nostrorum Custod' & Communitat' myster' Grocer' London pre­dict' fact' in contrarium inde non obstant'. Et ulteriùs de ampliori gra' nostra speciali & ex certa scientia & mero motu nostris ut ars myster' sive facultat' Phar­macopoeie jam diu collapsa & despecta meliùs ad am­plitudinem dignam promoveatur pro nobis hered' & successoribus nostris concedimus per presentes prefatis Willielmo Besse, Edmundo Phillipps, Laurencio Mans­feild, Thome Colthurst, Richardo Bacon, Stephano Higgins, Willielmo Compton, Johanni Wolfgangfum­ler, Lodovico Myreo, Gideoni de Laune, Georgio Sheres, Edvardo de Plewris, Richardo Trout, Williel­mo Hutton, Willielmo Clapham, Thome Whitley, Johanni Parkinson, Radulpho Clayton, Willielmo Gwyn, Humfrido Gravener, Laurencio Lund, Johan­ni Huett, Nicholao Gibson, Johanni Slater, Petro Watson, Willielmo Checkley, Thome Tomlinson, Da­nieli Darnelley, Willielmo Clark Sen', Adriano Barton, [Page 125] Willielmo Wells, Richardo Edwards, Richardo Palmer, Willielmo Peck, Josie Harris, Thome Bullard, Israeli Wolfe, Jacobo Colwell, Thome Cristie, Thome Hicks, Roberto Hudson, Johanni Sheppard, Richardo Weston, Thome Fones, Gabrieli Sherife, Johanni Warkhowse, Johanni Walter, Jacobo Fothergill, Samueli Jones, Thome Bate, Georgio Walsam Senior', Timotheo Read, Lodovico Moreton, Thome Bell Sen', Edvardo Cooke, Roberto Boreman, Tobie Wincks, Johanni Lested, Johanni Eason, Willielmo Shambrooke, Edvardo Tas­borough, Leonardo Stone, Johanni Hinson, Isaaco Young, Willielmo Nock, Richardo Saulter, Johanni Evans, Willielmo Spencer, Simoni Drew, Jolliff Lownes, Samueli Lenne, Richardo Young, Roberto Vawdry, Jacobo Everett, Petro Howell, Edvardo Clarke Jun', Nicholao Goffe, Francisco Baldwyn, Johanni Wheeler Jun', Gilberto Johnson, Richardo Ashbie, Roberto El­kyn, Johanni Browne, Thome Broome, Richardo Glover, Willielmo Bell Jun', Roberto Hore, Stephano Chase, Samueli Mosse, Philippo Griffeth, Samueli Har­rison, Johanni Morecroft, Jacobo Rand, Johanni Hide, Jacobo Mulsam, Abrahamo Webb, Johanni Taylor, Radulpho Yardley, Thome Rushton, Johanni Sares, Georgio Houghton, Rogero Harris, Roberto Mace, Georgio Steward, Richardo Swetson, Johanni Kellett, Richardo Bragg, Troman' Parkins, Miloni Sparks, Jacobo Tomkins, Richardo Besse, Zacharie Waring, Richardo Blackwell, Willielmo Clayton, Willielmo Roberts, Francisco Unrayne, Richardo Moore, Carolo Munck, Paulo Lovetto, & Samueli Tubman, ac om­nibus & singulis allis personis quibuscunque in arte myster' sive facultat' Pharmacopol' educat' & perit' ean­démque artem myster' seu facultatem exercentibus mo­dò existen' liberis hominibus myster' Grocer' predict' [Page 126] aut existen' liberis hominibus aliquar' aliarum artium myster' sive facultat' in Civitat' London (dummodo in arte & facultate Pharmacopol' educat' & expert' fu­erint) quòd ipsi omnésque hujusmodi liberi homines e­jusdem artis myster' sive facultat' Pharmacopol' de & in Civitat' predict' & in Suburbiis ejusdem & infra sep­tem miliar' Civitat' predict' sint & erunt unum Corpus corporatum & Politicum in re facto & nomine per nomen Magistr' Custod' & Societat' artis & myster' Pharmacopol' Civitat' London. Ac eos per nomen By the name of the Master, Wardens, &c. made a Body Politick. Magistri Custodum & Societatis artis & myster' Phar­macopol' Civitat' London in unum Corpus corporat' & Politicum in re facto & nomine realiter & ad ple­num pro nobis heredibus & successor' nostris erigimus facimus ordinamus constituimus creamus & declaramus per presentes. Et quòd per idem nomen successionem habeant perpetuam. Et quòd ipsi & successores sui per nomen Magistri Custod' & Societatis artis & my­sterii Pharmacopol' Civitat' London sint & erunt per­petuis futuris temporibus persone habiles & in lege ca­paces ac Corpus corporatum & Politicum & in lege capax ad habend' perquirend' possidend' gaudend' & Capable to purchase Lands, &c. by the same name. retinend' Maner' Messuagia terras tenementa libertat' pri­vileg' Franches' Jurisdiction' & Hereditamenta quecun­que cujuscunque generis nominis natur' qualitat' vel speciei fuerint sibi & successor' suis in feodo simplici & In Fee-simple. perpetuitat' sive pro termino anni vel annorum aut ali­ter For term of years, or other­wise. quocunque modo Ac eciam bona & Catalla & quascunque alias res cujuscunque nominis nature ge­neris qualitat' sive speciei fuerint. Necnon ad conce­dend' dimittend' alienand' assignand' & disponend' Ma­ner' terr' tenementa & hereditamenta & ad omnia & singula al' fact' & res faciend' & exequend' per nomen predict'. Et quòd per idem nomen Magistri Custod' [Page 127] & Societat' artis & myster' Pharmacopol' Civitat' Lon­don placitare & implacitari respondere & responderi To sue and be sued. defendere & defendi valeant & possint in quibuscunque Curiis Placit' & locis ac coram quibuscunque Judi­cibus & Justiciariis ac aliis personis & officiar' nostris ac heredum & successor' nostrorum in omnibus & sin­gulis actionibus placitis sect' querel' causis mater' & demand' quibuscunque cujuscunque sint aut fuerint. erint ge­neris qualitat' seu speciei eisdem modo & forma prout aliqui alii ligei nostri Anglie persone habiles & capaces in lege sive aliquod aliud Corpus corporatum & Politicum infra regnum nostrum Anglie habere perquirere reci­pere possidere & gaudere retinere dare concedere di­mittere alienare assignare & disponere placitare & im­placitari respondere & responderi defendere & defendi facere permittere sive exequi possint aut valeant. Et quòd iidem Magister Custod' & Societas artis & my­sterii Pharmacopol' Civitat' London predict' habeant To have a Common Seal. imperpetuum Commune Sigillum pro causis & negotiis suis ac successor' suor' quibuscunque agend' deservitur'. Et quòd bene liceat & licebit eisdem Magistro Custod' & Societat' artis & mysterii Pharmacopol' London pre­dict' & successor' suis sigillum illud ad libitum suum de tempore in tempus frangere mutare & de novo facere At pleasure to be broken or altered. prout eis meliùs fieri videbitur. Et ulterius volumus & ordinamus ac per presentes pro nobis hered' & suc­cessor' nostris concedimus prefat' Magistro Custod' & Societat' artis & myster' Pharmacopol' predict' & suc­cessor' suis quod de cetero imperpètuum perpetuis fu­turis temporibus sit & erit unus de Societate artis & myster' Pharmacopol' predict' in forma in hiis presen­tibus mencionat' eligend' & nominand' qui nominabi­tur Power to choose a Ma­ster. & vocabitur Magister artis & Societatis predict' Ac quòd similiter sint & erunt duo de Societate artis & Two [Page 128] myster' predict' in forma in his presentibus express' eligend' & nominand' qui erunt & nominabuntur Custodes artis myster' & societat' predict'. Ac eciam Wardens, and 21 quod similiter sint & erunt viginti & unus de Socie­tate predict' in forma in hiis presentibus inferiùs simili­ter mencionat' eligend' qui erunt & nominabuntur Assistentes artis & societatis Pharmacopol' Civitat' Lon­don Assistants. ac de tempore in tempus erunt assistentes & auxi­liantes Magistro & Custod' Mysterii & Societat' pre­dict' pro tempore existen' in omnibus causis rebus & materiis dict' Magr' & Societat' tangen' sive concernen'. Et ulteriùs volumus ac per presentes pro nobis hered' & successor' nostris concedimus prefatis Magistro Cu­stod' & Societat' artis & myster' Pharmacopol' Civitat' London predict' & successor' suis quòd bene liceat & licebit eisdem Magistro Custod' & Societat' & Successor' suis habere perquirere retinere & appunctuare quandam Aulam sive Domum Conciliar' infra Civitat' nostram To have an Hall or Coun­cil-house. London Quódque idem Magr' & Custod' myster' pre­dict' vel aliqui duo eorum quorum Magistrum pro tem­pore existen' unum esse volumus quoties eis opportu­num & necessarium fore videbitur convocare & tenere infra eandem Aulam sive domum quandam Curiam To keep Court, or a Convoca­tion. sive Convocationem de eisdem Magistro Custod' & Assi­stent' predict' ad numerum tredecim personarum vel plurium (quorum Magistrum & unum Custod' myster' & societat' predict' pro tempore existen' ut prefertur duos esse volumus) ad libitum & licitè possint & va­leant perpetuis futuris temporibus. Quódque in eadem Curia sive Convocatione tractare referre consultare consulere & decernere valeant & possint de Statutis To consult a­bout Statutes, Laws, Arti­cles, &c. Legibus Articulis Ordinationibus & Constitutionibus myster & societat' predict' ac bonum regimen sta­tum & gubernationem eorundem tangen' & concer­nen' [Page 129] juxta eorum sanas discretiones vel juxta sanas discre­tiones majoris partis eorundem (quorum Magistrum & unum Custod' myster' & societat' predict' pro tempore existen' duos esse volumus) sic ut prefertur congregat'.

Et ulteriùs volumus ac per presentes pro nobis he­red' & successor' nostris concedimus prefat' Magistro Custod' & societati artis sive mysterii Pharmacopol' Civitat' London & Successoribus suis quòd Magister Custodes & Assistentes myster' predict' pro tempore The Master, Wardens, &c. being 13 in number, existen' ad numerum tredecim personarum vel pluri­um (quorum predict' Magistrum pro tempore existen' unum esse volumus) super Summonitionem publicam inde fiend' ad hoc congregat' in Aula sive domo socie­tatis predict' habeant & habebunt plenam potestatem facultatem & authoritatem condend' constituend' ordi­nand' & faciend' de tempore in tempus Leges Statuta To make Laws Constitutiones Decreta & Ordinationes rationabiliter inscript' quecunque que eis aut majori parti eorundem (quorum Magistrum myster' & societatis predict' pro tempore existen' unum esse volumus) bona salubria uti­lia honesta & necessaria juxta eorum sanas discretio­nes fore videbuntur pro bono regimine & gubernati­one eorundem Magistri Custod' Assisten' & societatis For the Go­vernment of the Society. myster' Pharmacopol' predict' ac omnium & singular' aliar' personar' artem sive myster' Pharmacopol' pre­dict' infra Civitat' London predict' libertates & Sub­urbia ejusdem ac infra septem Miliaria ejusdem Civitat' exercent' & occupant' ac pro declaratione quo modo & ordine iidem Magister Custodes & Societas ac omnes & singuli Apprenticii Officiar' & Ministri myster' & societat' predict' in officiis functionibus minister' Ty­rociniis artific' & negotiis suis infra Civitat' predict' ac libertates & suburbia ejusdem ac infra septem mili­aria ejusdem Civitat' sese habebunt gerent & utentur [Page 130] pro uberiori bono publico communi utilitate & bono regimine myster' & societat' predict' ac gubernatione earundem ac rebus & causis aliis quibuscunque myster' & societat' predict' tangen' seu quoquo modo concer­nen'. PROVISO semper quòd pro tot & tal' Or­dinationibus In their Or­ders, concern­ing Medi­cines, to ad­vise with the President and four Censors of the Col­ledge of Phy­sicians. que medicamenta aut compositiones & usum earundem concernent advocabunt de tempore in tempus President' & quatuor Censores seu Gubernat' Colleg' & Communitat' Medicorum London aut alios Medicos per Presidentem predict' nominand' pro ad­visamento in hac parte. Quódque iidem Magister Cus­todes & Assistentes myster' predict' pro tempore exi­sten' ad numerum tredecim personarum vel plurium (quorum Magistrum myster' predict' pro tempore exi­sten' unum esse volumus) quotiescunque hujusmodi Leges institutiones Jura Ordinationes & Constitutiones fecerint condiderint ordinaverint vel stabiliverint hu­jusmodi & tales penas punitiones & penalitat' per fi­nes To punish by Fines and A­merciaments. & amerciamenta vel per eorum utrumque erga & super omnes delinquentes contra hujusmodi Leges insti­tutiones Jura Ordinationes & Constitutiones sive eo­rum aliquod sive aliqua qual' & que eisdem Magistro Custod' & Assisten' myster' predict' pro tempore exi­sten' vel majori parti eorundem (quorum Magistrum myster' & societatis predict' pro tempore existen' unum esse volumus) necessar' requisit' & opportun' pro ob­servatione earum legum ordinationum & constitutio­num melius fore videbitur facere ordinare limitare & providere possint. Ac quòd iidem Magister Custodes & societas myster' predict' & successores sui eadem fi­nes & amerciamenta per ministros proprios eorundem Magistri Custod' & societatis pro tempore existen' per discretionem vel aliter secundum leges & consuetudi­nes regni nostri Anglie levare habere & capere possint [Page 131] & valeant ad usum Magistri Custodum & societat' To the use of the Master, &c. predict' & successor' suorum absque impedimento no­stri heredum & successor' nostror' aut alicujus vel ali­quorum Officiar' vel Ministror' nostror' heredum vel successor' nostrorum & absque aliquo computo nobis Without gi­ving account. heredibus vel successor' nostris inde reddend' seu fa­ciend'. Que omnia & singula Ordinationes Jura & Constitutiones sic (ut prefertur) fiend' observari vo­lumus sub penis in eisdem continend'. Ita tamen quòd leges constitutiones fines & amerciamenta hujusmodi fint rationabilia & non sint repugnan' nec contrarian But to be mo­derate, and not contrary to Law. legibus Statut' consuetudinibus sive Juribus regni no­stri Anglie. Et pro meliori executione voluntatis & concessionis nostr' in hac parte assignavimus nomina­vimus creavimus & constituimus dilectos nobis predic­tum Edmund' Phillipps fore & esse primum & modern Edm. Phil­lipps first Ma­ster. Magistrum artis sive myster' & societat' predict' Ac eciam predict' Stephanum Higgins & Thomam Fones fore & esse primos & modernos Custodes mysterii & socie­tatis Stephen Hig­gins and Tho. Fones first Wardens. predict' continuand' in eisdem officiis à dat' pre­sentium usque ad vicesimum diem Augusti proxim' se­quen' & deinde quousque tres alii ad officia illa Ma­gistri & Custodum artis sive mysterii & societatis pre­dict' debito modo electi & prefecti fuerint juxta ordi­nationes & provisiones in hiis presentibus express' & declarat' si iidem Edmundus Phillipps, Stephanus Hig­gins & Thomas Fones tam diu vixerint (nisi interim pro mala gubernatione aut malè se gerend' in ea par­te aut pro aliqua alia causa rationabili ab officiis illis amoti erunt aut eorum aliquis amotus erit) Et assig­navimus eciam ac nominavimus creavimus constitui­mus & fecimus ac per presentes pro nobis heredibus & successor' nostris assignamus creamus nominamus constituimus & facimus dilectos nobis predict' Jo­hannem [Page 132] Wolfgangfumler, Gideonem de Lawne, Lo­dovicum First Assi­stants. Myreum, Richardum Bacon, Thomam Whitley, Johannem Parkinson, Johannem Huett, Willielmum Checkley, Danielem Darnelley, Willielmum Wells, Adrianum Barton, Josiam Harris, Thomam Cristie, Johannem Sheppard, Gabrielem Sherife, Thomam Bullard, Richardum Edwards, Jacobum Colwell, Tho­mam Hicks, Edvardum Cooke & Johannem Wark­howse in arte & mysterio Pharmacopol' edoct' educat' & expert' fore & esse primos & modernos Assistentes ejusdem mysterii & societatis Pharmacopol' continu­and' in eisdem officiis & locis durant' vitis suis natura­libus nisi interim pro mala gubernatione seu malè se gerend' in ea parte aut pro aliqua alia causa rationa­bili amoti fuerint aut eorum aliqui vel aliquis amotus erit vel amoti erunt. Qui quidem Assistentes myste­rii & societat' predict' sacramenta sua corporalia coram Francisco Bacon Milite Attornat' nostro General', To take an Oath before the Attorney-General, &c. Henrico Yelverton Milite Solicit' nostro generali, Theodoro de Mayerne & Henrico Atkins in Medi­cinis Doctoribus & Johanne Towneley. Armigero vel coram duobus eorum Quibus quinque vel eorum duobus plenam potestatem & authoritatem sacramenta predict' Assisten' myster' predict' dare & administrare damus & concedimus per presentes infra quadraginta dies post dat' presentium ad officia sua predict' benè & fideliter exequend' prestabunt. Ac eciam predict' Magister myster' predict' & Custodes myster' & so­cietat' The Master and Wardens to be sworn before the Assistants. predict' sacramenta sua corporalia coram Assi­sten' myster' predict' vel majore parte eorundem infra quinquaginta dies post dat' presentium benè & fideli­ter ad dictum officium Magistri & Custod' myster' & societat' predict' exequend' in omnibus eisdem Officiis tangen' seu concernen' prestabunt. Et sic de tempore [Page 133] in tempus toties quoties Magister & Custodes My­ster' & Societatis predict' elect' & prefect' fuer' ante­quam ad executionem predict' Officii admittantur seu eorum aliquis admittatur.

Et ulteriùs volumus ac per presentes pro nobis hered' & successor' nostris concedimus prefat' Magistro Custod' & Societati mysterii in arte Pharmacopol' predict' & successor' suis quòd Magister Custodes & Assistentes Mysterii & Societatis predict' pro tem­pore existen' & successor' sui ad numerum tredecim personar' vel plurium (si tot convenienter congrega­ri possint) de tempore in tempus perpetuis futuris temporibus potestatem & authoritatem habeant & habebunt annuatim & quolibet anno imperpetuum in & super vicesimum diem Augusti vel infra octo dies proxim' post dictum vicesimum diem Augusti eli­gend' & nominand' Et quòd eligere & nominare pos­sint & valeant tres de probioribus & discretioribus Power to the Assistants to choose a Ma­ster and War­dens. hominibus Societatis predict' quorum unus erit Magi­ster & alteri duo erunt Custodes Mysterii & Socie­tatis predicte pro uno anno integro tunc proxim' se­quen' & deinde quousque tres alii probi & discreti homines myster' predict' elect' & prefect' fuerint juxta Ordinationes & Provisiones in hiis presentibus express' & declarat'.

Et ulteriùs volumus ac per presentes pro nobis here­dibus & successor' nostris concedimus prefatis Magi­stro Custod' & Societati Myster' Pharmacopol' Civitat' London predict' & Successor' suis Quòd si contige­rit Magistrum & Custodes Myster' & Societat' predict' aut eorum aliquos vel aliquem aliquo tempore infra unum annum postquam ad Officia Magistri & Custod' Myster' & Societatis predict' sic ut prefertur elect' & prefect' fuerint aut eorum aliquis vel aliqui fuerit vel [Page 134] fuerint obire aut ab officiis illis amoveri (quos qui­dem Magistrum & Custodes ac eorum quemlibet pro mala gubernatione aut pro aliqua causa rationabili per reliquos Magist' & Custod' non offenden' vel de­linquentes & Assistentes myster' & societatis predict' pro tempore existen' ad numerum tredecim personar' vel plurium de tempore in tempus amobiles esse volu­mus) quòd tunc & toties benè liceat & licebit tantis & tot eorundem Magist' Custod' & Assistent' qui adtunc supervixerint vel remanserint ad numerum tre­decim personar' vel plurium ad libitum suum unum alium vel plures alios in Magistrum & Custodem vel Power to choose others in case of death or re­moval. Custodes Myster' & Societatis predict' eligere & prefi­cere secundum ordinationem & provisionem in hiis presentibus declarat' ad exequend' & exercend' pre­fat' officia Magistri & Custod' myster' & societatis pre­dict' usque ad vicesimum diem Augusti tunc proxim' sequen' vel infra octo dies ante vicesimum diem Au­gusti & exinde quousque tres alii probi & discreti ho­mines myster' & societatis predict' in officia Magistri & Custod' myster' & societatis predict' elect' & no­minat' erunt juxta ordinationes & provisiones in hiis presentibus declarat' & express' & sic toties quoties casus sic acciderit.

Et ulteriùs volumus ac per presentes pro nobis here­dibus & successor' nostris ordinamus & concedimus prefat' Magist' Custod' & societati mysterii predicti & successor' suis quòd quandocunque contigerit ali­quem vel aliquos de predict' viginti & uno Assisten' pro tempore existen' myster' & societatis predict' obire aut pro aliqua causa rationabili ab officiis suis Assisten' myster' & societatis predict' amoveri (quos quidem Assistentes & eorum quemlibet se non benè gerentes aut gerentem in officiis illis aut pro aliqua alia causa [Page 135] rationabili de tempore in tempus per Magistrum Cu­stod' & Assisten' ad numerum tredecim personar' vel plurium qui adtunc remanserint vel supervixerint amo­biles esse volumus) ad libitum suum de tempore in tempus unum alium vel plures alios de probioribus & dignioribus personis existen' de myster' & societat' predict' in locum sive loca ipsius Assistentis vel ipso­rum To choose new Assistants, Assistentium myster' & societatis predict' sic mo­ri vel amoveri contingen' vel contingent' eligere no­minare & preficere ad supplend' predictum numerum viginti & unius Assistentium predict'. Quódque ille sive illi postquam sic (ut prefertur) elect' & nomi­nat' fuerit vel electi & nominati fuerint antequam ad executionem predict' officii Assistentis vel Assistentium myster' & societat' predict' admittantur sive eorum ali­quis admittatur Sacramentum Corporale super sacro­sanct' Evangel' coram Magistro & Custod' myster' & And swear them. societat' predict' pro tempore existen' ad officia illa rectè benè fideliter & honestè exequend' & ad ea om­nia secreta tenend' que in Cur' Assisten' presentia ipsius vel ipsorum erunt communicat' vel colloqunt' prestabit & prestabunt & sic toties quoties casus acciderit.

Damus insuper ac per presentes pro nobis heredi­bus & successor' nostris concedimus prefatis Magistro Custod' & Societat' artis & myster' Pharmacopolar' predict' & successor' suis quòd Magister & Custo­des myster' & societat' predict' pro tempore existen' habeant & habebunt plenam potestatem & authori­tatem de tempore in tempus ad tradend' & ministrand' Sacramentum Corporale super sacrosanct' Evangelium Power to ad­minister the Oath to the Master, War­dens, &c. tam omnibus Magistris Custod' & Assisten' myster' & societat' predict' imposterum eligend' & in eadem officia sive loca ut prefertur admittend ac omnibus Officiar' myster' & societat' predict' pro debit' executi­one [Page 136] officior' suor' rectè benè & fideliter in omnibus separatim officia sua tangen' sive concernen' quàm om­nibus Apprenticiis ac aliis liberis hominibus myster' predict' quibuscunque.

Et ulteriùs ut nos subditor' nostror' saluti ac bono publico quantum in nobis est consulamus ac ut peri­cula & incommoda illa assiduè accidentia per imperi­tos & inexpertos dolosos & improbos homines artem Pharmacopol' predict' exercen' meliùs devitentur vo­lumus & de gratia nostra speciali certa sciencia & me­ro motu nostris per presentes pro nobis heredibus & successor' nostris concedimus prefatis Magistro Custod' & Societati myster' Pharmacopol' predict' & successor' suis quòd non liceat aut licebit deinceps imposterum alicui persone vel aliquibus personis quibuscunque jam existen' aut imposterum futuris liberis hominibus my­ster' Grocer' predict' aut aliquar' aliar' artium facultat' sive myster' in Civitate London ac in eisdem arte fa­cultate sive myster' educat' vel educand' officinam vel shopam Pharmacopol' instruere tenere vel habere aut No Grocer to keep an Apo­thecaryes shop, medicamenta quecunque facere miscere condere com­ponere preparare propinare applicare aut administrare aut ulla medicamenta composita aut compositiones me­dicinales viz. aquas distillatas compositas vel olea chy­mica, apozemata, syrupos, conservas, eclegmata, electu­aria, condita medicinabilia, pilulas, pulveres, trochis­cos, olea, unguenta, emplastra ullo modo divendere propalare edere exercere aut venditioni alicui perso­nae vel aliquibus personis quibuscunque exponere aut aliter quocunque modo arte facultate sive myster' Phar­macopol' aut aliqua ejus parte uti aut exercere infra Civitatem London ac libertat' ejusdem aut infra sep­tem miliaria ejusdem Civitat' sub pena quinque libra­tum Ʋnder the pe­nalty of 5 l. Per Mensem. pro quolibet mense quo hujusmodi persona sive [Page 137] persone artem & myster' Pharmacopol' (ut prefertur) exerceat aut exerceant contra veram intentionem ha­rum Liter' Paten' Que quidem forisfactur' & penalit' per districtionem vel per actionem debiti in nomine Custodis Junioris pro tempore existen' prosequend' aut aliter in aliquibus Curiis nostris apud Westm' de tem­pore in tempus leventur & recuperentur dimidium in­de ad usum predict' Magistri Custod' & Societatis my­ster' Pharmacopol' capiend' & applicand'.

Volumus eciam ac per presentes pro nobis heredibus & successoribus nostris concedimus prefat' Magistro Custod' & Societati myster' Pharmacopol' Civitat' Lon­don predict' & successor' suis quòd nulla persona sive persone quecunque officinam aut shopam Pharmacopol' No person to keep a Shop, habeat teneat aut instruat habeant teneant aut instru­ant aut artem sive myster' Pharmacopol' exerceat aut exerceant aut quecunque medicamenta faciat misceat condat componat preparet propinet applicet admini­stret aut ulla medicamenta composita aut compositio­nes ullo modo divendere propalare edere exercere aut venundare alicui persone vel aliquibus personis quibus­cunque infra Civitatem London & libertat' ejusdem aut infra septem miliaria ejusdem Civitat' nisi hujusmodi Till he have served seven years Appren­tiship. persona & persone per spatium septem annorum ad minus ut Apprenticius vel Apprenticii cum aliquo vel aliquibus Pharmacopol' eandem artem exercen' & libero homine ejusdem mysterii existen' educat' instruct' & No Appren­tice to be made free, unless al­lowed by the President, or some Physici­an deputed by him, who is to be present at his Examina­tion by the Master and Wardens. edoct' fuerit vel fuerint. Et postquam hujusmodi sep­tem Anni servicii sive Tyrocinii (ut prefertur) fuerint elapsi & extract' quòd tunc unusquisque talis Ap­prenticius coram Magistro & Custod' pro tempore existen' appareat & presentetur Ac per eosdem Magi­strum & Custod' (advocat' sibi President' Collegii seu Communitat' facultat' medicine London pro tempore [Page 138] existen' aut aliquo medico aut aliquibus medicis per dictum Presidentem nominand' & ad hoc de tempore in tempus assignand' si super monitionem inde fact' tal' pred' Medicus vel tal' predicti Medici adesse voluerit vel voluerint & advisament' cum eodem vel eisdem ha­bit') circa cognitionem & electionem Simplicium & circa medicament' preparationem dispensationem trac­tationem commixtionem & compositionem examine­tur And be exa­mined. probetur tentetur ac per eosdem medicos Magistrum & Custodes spectatus & approbatus fuerit priusquam officinam Pharmacopol' habere tenere instruere aut medicamenta quecunque preparare facere permiscere condere componere propinare administrare propalare edere exercere divendere aut venditioni exponere aut aliter quocunque modo artem Pharmacopol' aut ali­quam ejusdem partem exercere infra Civitatem London & libertat' ejusdem aut infra septem miliaria ejusdem Civitat' presumat.

Ac ulteriùs de uberiori gratia nostra speciali & ex certa sciencia & mero motu nostris pro meliori regi­mine & gubernatione omnium & singular' personarum que modò exercent aut imposterum exercebunt artem sive myster' Pharmacopol' predict' infra Civitat' Lon­don seu suburbia ejusdem vel infra septem miliaria ejus­dem Civitatis dedimus & concessimus ac per presentes pro nobis heredibus & successoribus nostris damus & concedimus prefat' Magistro Custod' & Societati my­ster' Pharmacopol' Civitat' London predict' & successor' suis Quòd Magist' & Custod' myster' predict' pro tem­pore existen' & successores sui de cetero imperpetuum plenam potestatem & authoritatem habeant & habe­bunt de tempore in tempus capere & habere supervis' scrutinium examinationem gubernationem & correcti­onem omnium & omnimod' tam liberorum hominum [Page 139] quàm alior' quorumcunque uten' sive exercen' artem myster' sive facultat' Pharmacopol' aut aliquam (ut prefertur) ejusdem partem del. tam. tam infra dictam Civitat' nostram London libertat' & suburbia ejusdem Civitat' tam infra libertates quàm extra ubi aliqua persona uten' sive exercen' artem mysterium sive facultatem Phar­macopoeie aut aliquam ejusdem partem inhabitabit aut commorabit seu inhabitare & commorare contigerit. Quódque iidem Magist' & Custod' & eorum successo­res aut eor' aliqui vel aliquis aut aliqui Assisten' per Magistrum & Custod' nominand' & assignand' tempo­ribus congruis & convenien' ac modo & formâ conve­nien' & legitim' de tempore in tempus quoties eisdem Magistro & Custodibus videbitur expedire ingredi & intrare possint & valeant in aliquam vel aliquas offici­nam vel officinas shopam vel shopas domum vel do­mos Power to en­ter Shops and Houses▪ aliquar' personar' sive alicujus persone cujuscunque uten' sive exercen' artem sive myster' Pharmacopol' aut aliquam ejusdem partem infra Civitat' London suburbia & ejusdem libertat' predict' aut infra septem miliaria ejusdem Civitat' tam infra libertat' quàm extra ubi ali­qua medicamenta simplicia vel composita merces drog­ma recept' aque distillat' olea chymica syrupi conserve eclegmata electuar' pilule pulveres trochisci olea un­guenta emplastra aut aliqua alia quecunque que ad ar­tem sive mysterium Pharmacopol' (ut prefertur) per­tinent sive spectant probabiliter sive verisimiliter inve­niri poterint Et ad supervidend' scrutand' & proband' To search and try Medi­cines. si eadem medicamenta simplicia vel composita merces drogma recept' aque distillat' olea chymica syrupi con­serve eclegmata electuaria pilule pulveres trochisci olea unguenta emplastra aut aliqua alia quecunque ad artem sive mysterium Pharmacopol' predict' pertinent' sint aut erunt bona salubria medicinabilia apta & idonea ad [Page 140] Curam salutem & relevamen subditor' nostror' Ac eci­am quòd prefat' Magist' & Custod' myster' predict' & Assi­sten' predict' pro tempore existen' ad hoc per Magistrum & Custod' nominand' & assignand' & successores sui de tempore in tempus plenam potestatem & authoritatem habeant & virtute presentium habebunt ad examinand' & proband' omnes & singulas personas profiten' uten' sive exercen' aut qui imposterum profitebuntur uten­tur aut exercebunt artem sive myster' Pharmacopol' aut aliquam ejusdem partem infra predict' Civitat' Lon­don suburbia aut libertates ejusdem aut infra septem miliaria ejusdem Civitat' tam infra libertates quàm ex­tra de & concernen' eorum & eorum cujuslibet cogni­tione peritia & sciencia in predict' arte sive myster' Pharmacopol' Et ad omnes illos quos imposter' aut imperit' inscient' & insufficientes vel ad examinand' vigore presentium obstinatos & repugnant' in arte & myster' predicto invenient ab exercitio usu & pract' myster' sive artis predict' amovend' & prohibend' Nec non ad omnia & singula medicamenta merces drogm' recept' aquas distillat' olea chymica syrupos conservas eclegmata electuaria pilulas pulveres trochiscos olea un­guenta & emplastra ceteraque omnia & singula ad ar­tem predict' pertinentia que falsa illegitima adulterat' And burn all unwholsome and hurtfull Medicines. inveterat' exoleta insalubria corrupta immedicinabilia perniciosa aut nociva inveniunt ante delinquentium fores comburend' mulctámque eciam ac al' penas & penalitat' per fines & amerciamenta in tales delinquen­tes statuant exponant & exequantur secundum eorum sanas discretiones & ordinationes per ipsos & successo­res suos sic (ut prefertur) fiend' & constituend'.

Volentes ac per presentes pro nobis heredibus & successor' nostris firmiter injungend' precipientes & mandantes omnibus & singulis Majoribus Justiciar' [Page 141] Ballivis Constabular' & omnibus aliis officiar' ministris Officers to be assistant to the Master, War­dens, &c. in their search. & subditis nostris quibuscunque quòd sint assistentes auxiliantes & confortantes prefat' Magistro Custod' & Assisten' myster' & societatis Pharmacopol' predict' & eorum cuilibet & successor' suis ad faciend' gaudend' habend' & exequend' ea omnia & singula per nos pre­fat' Magistro Custod' & Societati & Successor' suis per has literas nostras Paten' concess' & quamlibet sive ali­quam inde partem & parcell'.

Et ulteriùs volumus ac per presentes de ampliori gratia nostra speciali certa sciencia & mero motu no­stris pro nobis hered' & successor' nostris concedimus prefat' Magistro Custod' & Societati myster' Pharma­copol' Civitat' London predict' & fuccessor' suis Quòd ipsi prefati Magist' Custodes & Societas myster' Phar­macopol' predict' habeant teneant retineant & gaude­ant ac habere retinere & gaudere valeant & possint tot tanta talia eadem hujusmodi & consimil' Franches' pri­vilegia consuetudines immunitates acquietan' proficua commoditates increment' advantag' & emolumenta quecunque in aromatibus Pharmacis drogmis & aliis rebus & materiis quibuscunque ad artem sive myster' Pharmacopol' spectan' & pertinen' emend' mercand' seu Power to buy and sell Drugs, &c▪ comparan' quot quant' qual' & que ac in tam amplis modo & forma prout antehac unquam habuerunt tenu­erunt & gavisi fuerunt aut habere tenere & gaudere aliquo modo debuerunt quando cum predict' liberis hominibus myster' Grocer' remanser' ac unum Corpus corporatum & Politicum promiscuè & indivisim cum eisdem fecerunt & fuerunt.

Et ulteriùs volumus ac per presentes pro nobis here­dibus & successor' nostris concedimus & licenciam spe­cialem liberámque & licitam facultat' potestatem & authoritatem damus prefat' Magistro Custod' & Socie­tati [Page 142] mysterii sive artis Pharmacopol' predict' & succes­sor' suis habend' recipiend' & perquirend' sibi & suc­cessor' Power to pur­chase Lands, &c. suis imperpetuum maner' messuag' terr' tenementa prata pascua pastur' boscos subboscos Rectorias Decim' reddit' reversiones & alia hereditamenta quecunque in fra regnum nostrum Anglie seu alibi infra dominia no­stra tam de nobis heredibus & successor' nostris quàm de aliqua alia persona sive aliquibus aliis personis qui­buscunque (que de nobis hered' & successor' nostris non tenentur immediatè in Capite vel per servicium militare) dummodo eadem maner' Messuag' terr' te­nementa prat' pasc' pastur' bosc' subbosc' Rector' decim' reddit' reversion' servic' & hereditamenta sic per ipsos habend' recipiend' & perquirend' non excedant in toto clarum annuum valorem quadragint' librarum per ann' ultra omnia onera & repris' Statut' de terr' & tenemen­tis ad manum mortuam non ponend' aut aliquo alio Statuto Actu Ordinatione vel Provisione antehac fact' ordinat' sive provis' aut aliqua alia re causa vel ma­teria quacunque in contrarium inde in aliquo non obstan'.

Damus eciam & per presentes pro nobis hered' & successor' nostris concedimus cuicunque subdito nostro sive aliquibus subditis nostris hered' & successor' no­strorum licenciam specialem liberámque & licitam po­testatem facultatem & authoritat' Quòd ipsi sive eo­rum aliquis sive aliqui maner' messuag' terr' tenementa prat' pasc' pastur' bosc' subbosc' Rect' decim' reddit' reversiones servicia & alia hereditamenta quecunque que non tenentur de nobis hered' & successor' nostris immediatè in Capite vel aliter per servic' militare prefa­tis Magistro Custod' & Societati mysterii predict' & successor' suis dare concedere vendere legare vel alienare Power to sell. possint & valeant Ita quòd omnia predict' Maner' [Page 143] Messuag' terr' tenementa prat' pasc' pastur' bosc' subbosc' Rector' decim' reddit' reversiones servicia & alia here­ditamenta sic eisdem Magistro Custod' & Societati my­ster' & artis predict' & successor' suis virtute presentium dand' concedend' legand' vel alienand' non excedant in toto clarum annuum valorem quadragint' librarum per ann' ultra omnia onera & repris' Statut' de terr' & tene­ment' ad manum mortuam non ponend' aut aliqua alia re causa vel materia quacunque antehac habit' fact' edit' ordinat' sive provis' in contrarium inde in aliquo non obstant'.

Volumus eciam & per presentes pro nobis hered' & successor' nostris concedimus prefatis Magistro Custod' & Societati myster' sive artis Pharmacopol' Civitat' London predict' & successor' suis Quòd prefat' Magist' Custod' & Assisten' pro tempore existen' vel eorum successor' vel major pars eorundem de cetero imperpe­tuum nominare & eligere possint unum probum & idoneum virum qui erit & nominabitur Communis To choose a Clerk. Who is also to be sworn. Clericus Societatis predict' Quódque talis Clericus an­tequam ad officium illud exequend' admittatur Sacra­mentum Corporale coram Magistro & Custod' Societa­tis predicte pro tempore existen' ad officium illud pre­dictum secundum ejus scienciam in omnibus illud tan­gen' rectè & fideliter exequend' prestabit Et quòd post hujusmodi Sacramentum sic prestitum officium illud ex­erceat & utatur durante beneplacito Magistri Custod' & Assisten' societatis predict' pro tempore existen' aut majoris partis eorundem quorum Magist' artis & my­ster' predict' pro tempore existen' unum esse volu­mus.

Ac ulteriùs volumus ac per presentes pro nobis he­red' & successor' nostris concedimus prefatis Magi­stro Custod' & Societati myster' Pharmacopol' pre­dict' [Page 144] & successor' suis quòd prefat' Magist' Custodes & Assistentes pro tempore existen' & eorum successores vel major pars eorundem de tempore in tempus de ce­tero nominare & eligere possint & valeant unum ap­tum & idoneum hominem qui erit & nominabitur Bedell' societatis predict' Quódque talis Bedell' sic (ut Power to choose a Bea­dle, And give him his Oath. prefertur) electus & nominat' antequam ad officium illud exequend' admittatur Sacrament' Corporale coram Magistro & Custod' Societatis predict' pro tempore existen' ad officium illud predictum in omnibus officium illud tangen' rectè & fideliter exequend' prestabit Et quòd post hujusmodi Sacramentum sic prestitum officium illud exerceat & teneat duran' beneplacito Magistri Custod' & Assisten' predict' & successor' suor' pro tem­pore existent' (quorum Magistrum artis & myster' predict' pro tempore existen' unum esse volumus.)

Et denique volumus ac regiam nostram intentionem esse per presentes declaramus quòd he Litere nostre Pa­ten' seu aliquod in eis content' non cedent in prejudi­cium Presidentis & Collegii sive Communitatis Medi­cor' A saving of the power of the President and Colledge of Physicians, and their Au­thority. Civitat' London nec ad eorum Presidentis & Col­legii sive Communitatis & Successor' suor' Jurisdictio­nem authoritatem supervis' aut correctionem in Phar­mac' Civitat' London tollend' infringend' aut dirimend' Sed quòd iidem Presidens & Communitas Medicor' omnésque & singuli medici de eodem Collegio sive Communitate & Successores sui sicut & Medici Regis Regine & Principum imposterum debeant & pro ar­bitrio suo possint artem medicam in omnibus suis parti­bus exercere & insuper gaudebunt utentur & fruentur & gaudere uti & frui valeant & possint eisdem & con­simil' Jurisdictionibus authoritat' supervis' & Correctio­nibus' ac omnibus aliis potestatibus privileg' & libertat' qualibus unquam antehac Pharmacopol' usi & gavisi [Page 145] fuerunt & preterea generaliter omnibus aliis authori­tatibus privilegiis & potestatibus ipsis quandocunque vel quacunque de causa antehac concess' ratione vel pretextu aliquar' Literar' Paten' per nos seu per ali­quos vel aliquem progenitor' nostror' aut ratione vel pretextu alicujus Actus Parliament' vel aliquor' Actu­um Parliamentor' aut aliquo alio regali modo quocun­que eisdem President' & Collegio sive Communitat' Medicor' & Successor' suis dat' concess' seu confirmat'. Volumus nihilominus & ordinamus per presentes quòd in quocunque casu Prefidens & Colleg' Medi­cor' Civitat' London predict' habuerint serutinium me­dicamentor' advocand' sibi aliquem de Societate Gro­cer' vigore Act' Parliamenti quod in eodem & consi­mili casu predict' Presidens & Colleg' habebunt gaude­bunt & exercebunt consimilem potestatem & authorita­tem The Colledge to have the same power, in their sear­ches, to call the Master and Wardens of the Apothe­caryes Com­pany, as of the Grocers. advocandi sibi Magistrum & Custodes Pharmacopol' predict' Absque eo quòd omnino licebit imposterum eisdem Medicis aliquos myster' Grocer' predict' advo­care ad hujusmodi scrutinium Aliquo in hujusmodi Statut' in contrarium in aliquo non obstant'. Proviso eciam quod he Litere nostre Patentes seu aliquod in eisdem concess aut content' non cedent in prejudi­cium Civitat' nostre London seu libertat' ejusdem ne­què ullo modo derogabunt libertat' Franches' Regi­min' Jurisdiction' aut consuetud' ejusdem Civitatis.

Et denique volumus & intentionem nostram esse declaramus quòd Chirurgi experti & approbati eorum artem & facultatem exercere possint omnésque & sin­guli eorum practica sibi propria uti & frui valeant What Medi­cines Surge­ons may have for their own use. quantum ad compositionem & applicationem medi­camentor' externor' solummodo pertinet & spectat Ita tamen ut ea medicamenta minimè vendant aut vendi­tioni aliis exponant secundum morem vulgarem Phar­macopol' [Page 146] Civitat' nostre London Eo quòd expressa mentio de vero valore annuo aut de certitudine pre­missor' sive eorum alicujus aut de aliis donis sive con­cessionibus per nos seu per aliquem Progenitor' vel Antecessor' nostror' prefat' Magistro Custod' & Socie­tati myster' Pharmacopol' Civitat' London predict' an­te hec tempora fact' in presentibus minime fact' exist' seu aliquo Statuto Actu Ordinatione Provisione Pro­clamatione sive Restrictione in contrarium inde ante­hac habit' fact' edit' ordinat' seu provis' aut aliqua alia re causa vel materia quacunque in aliquo non obstant'. In cujus rei testimonium has Literas nostras fieri feci­mus Patentes. Teste meipso apud Westm' Tricesimo die Maii Anno Regni nostri Anglie Franc' & Hiber­nie tertio decimo & Scocie quadragesimo octavo.

Per breve de privato sigillo. Cartwright.

A Recovery against Edmund Gardiner ac­cording to the Exemplification, 11 Feb. 6 Jac.

JACOBUS Dei gratia Anglie Scocie Franc' & Hiber­nie Rex fidei defensor, &c. Omnibus ad quos presentes Litere nostre pervenerint salutem. Inspeximus quoddam Recordum coram nobis habitum in hec ver­ba. SS. Placita coram domino Rege apud Westm' Ter­mino Sancti Michaelis Anno regni domini Jacobi nunc Regis Anglie Tertio Rotulo CCCC xxxviij. SS. Lon­don SS. Memorand' quòd alias scilicet Termino Sancte Trinitat' ultimo preterito coram domino Rege apud Westm' ven' Thomas Langton in Medicinis Doctor Presidens Collegii sive Communitatis facultatis Medi­cine London qui tam pro domino Rege quàm pro seipso & Collegio predicto sequit' per Laurencium Gibson Attorn' suum Et protulit hic in Cur' dicti do­mini Regis tunc ibidem quandam billam suam versus Edmundum Gardiner in Custod' Marr' &c. de placito debiti Et sunt pleg' de pros. scilicet Johannes Doo & Richardus Roo. Que quidem billa sequitur in hec verba. SS. London SS. Thomas Langton in Medicinis Doctor Presidens Collegii sive Communitatis faculta­tis medicine London qui tam pro domino Rege quàm pro seipso & Collegio predicto sequit' querit' de Ed­mundo Gardiner in Custod' Marr' Maresc' domini Re­gis coram ipso Rege existen' de placito quòd reddat eidem domino Regi ac prefat' Presiden' & Collegio predict' sexaginta libras legalis monete Anglie quas [Page 148] eis debet & injuste detinet pro eo videlicet Quòd cum Dominus Henricus octavus nuper Rex Anglie per Li­teras suas Paten' magno sigillo suo Anglie sigillat' Cur'-que hic prolat' geren' dat' apud Westm' in Com' Midd' vicesimo tertio die Septembris Anno regni sui decimo pro publico bono hujus regni in debito exercitio fa­cultat' Medicine & bona administratione medicinar' habend' incorporasset & fecisset de Johanne Chamber Thoma Linacre & Ferdinando de Victoria adtunc Medicis ejusdem nuper Regis & Nicholao Halswell Johanne Francisci & Roberto Yaxley & omnibus aliis viris ejusdem facultat' tunc de & infra Civitat' London unum Corpus & perpetuam Communitatem sive Socie­tatem facultat' Medicine Et ad habend' perpetuam successionem & commune sigillum & ad eligend' an­nuatim unum President' ejusdem Societatis sive Com­munitatis ad supervidend' regend' & gubernand' ean­dem Societatem sive Communitat' & omnes homines ejusdem facultatis cum diversis aliis privileg' & aliis rebus per predictum nuper Regem eis concess' pro re­publica hujus regni prout in predictis Literis Paten' plenius continetur Quar' tenor sequitur in hec verba. SS. Henricus Dei gratia Rex Anglie & Franc' & Domi­nus Hibernie Omnibus ad quos presentes Litere per­venerint salutem. Cum regii officii nostri munus arbi­tremur ditionis no­strae ditione nostra hominum felicitat' omni ratio­ne consulere id autem vel imprimis fore si improbor' conatibus tempestivè occurramus apprimè necessarium duximus improbor' quoque hominum qui Medicinam magis avaritie sue causa quàm ullius bone consciencie fiducia profitebun­tur profetibuntur unde rudi & credule plebi plurima incommoda oriantur audaciam compescere Itaque partim benè institutar' Civitatum in Italia & multis aliis nationibus exemplum imitat' partim gra­vium [Page 149] viror' Doct' Johannis Chamber Thome Linacre Ferdinandi de Victoria medicor' nostror' Nicholai Halswell Johannis Francisci & Roberti Yaxley medi­cor' ac precipuè reverendissimi in Christo Patris ac Do­mini Thome tituli Sancte Cecilie trans Tiberim Sacro­sancte Romane Ecclesie Presbyteri Cardinalis Ebora­cen' Archiepiscopi & regni nostri Anglie Cancellarii charissimi precibus inclinat' Collegium perpetuum doctor' & gravium Viror' qui medicinam in urbe no­stra London & Suburbiis Suburbibus intra septem Mill' passuum ab ea urbe quaquaversus publice exerceant institui volumus atque imperamus quibus tum sui honoris tum publice utilitatis nomine cure ut speramus erit malici­osor' quor' meminimus inscitiam temeritatémque tam exemplo gravitat'que sua deterrere quàm per leges no­stras nuper edit' ac per constitutiones per idem Col­legium condend' punire Que quo facilius ritè peragi possint memoratis Doctoribus Johanni Chamber Tho­me Linacre Ferdinando de Victoria Medicis nostris Nicholao Halswell Johanni Francisci & Roberto Yax­ley medicis medicinis Concessimus quòd ipsi omnésque ho­mines ejusdem facultat' de & in Civitate predicta sint in re & nomine unum Corpus & Communitas perpe­tua sive Collegium perpetuum Et quòd eadem Commu­nitas sive Collegium singulis annis imperpetuum eligere possint & facere de Communitate illa aliquem pro­vidum virum & i [...] facultate medicine expertum in Presidentem ejusdem Collegii sive Communitat' ad supervidend' recognoscend' & gubernand' pro Anno illo Collegium sive Communitatem predictam & om­nes homines ejusdem facultatis & negotia eor'dem. Et quòd idem Presidens & Collegium sive Communi­tas habeant successionem perpetuam & commune si­gillum negociis dict' Communitat' & Presiden' imper­petuum [Page 150] servitur' Et quòd ipsi & successores sui imperpe­tuum sint persone habiles & capaces ad perquirend' & possidend' in feodo & perpetuitate terr' & tene­menta reddit' & al' possessiones quascunque. Con­cessimus etiam eis & successoribus suis pro nobis & he­redibus nostris quòd ipsi & successores sui possint per­quirere sibi & successoribus suis tam in dicta urbe quàm extra terras & tenementa quecunque annuum valorem duodecim librar' non exceden' Statuto de alienatione ad manum mortuam non obstan'. Et quòd ipsi per nomina Presidentis Collegii sive Communitat' facultatis Medicine London placitare & implacitari possint coram quibuscunque Judicibus in Curiis & actionibus quibuscunque. Et quòd predict' Presidens & Collegium sive Communitas & eor' successores con­gregationes licitas & honestas de seipsis ac Statuta & Ordinationes pro salubri gubernatione supervisu & correctione Collegii sive Communitatis predicte & omnium hominum eandem facultat' in dicta Civitate seu per septem Milliaria in circuitu ejusdem Civitat' exercen' secundum necessitat' exigenc' quoties & quan­do opus fuerit facere valeant licitè & impunè sine im­pedimento nostri heredum vel successor' nostror' Ju­stic' Eschaetor' Vic' & alior' Ballivor' seu Ministror' nostror' heredum vel successor' nostror' quor'cunque. Concessimus eciam eisdem President' & Collegio seu Communitati & Successoribus suis quòd nemo in dicta Civitate aut per septem milliar' in circuitu ejusdem exerceat dictam facultatem nisi ad hoc per dict' Pre­sident' & Communitatem seu Successores eor' qui pro tempore fuerint admissus sit per ejusdem Presiden' & Collegii Literas Sigillo suo communi figillat' sub pena centum solidor' pro quolibet mense quo non admissus eandem facultatem exercuerit dimid' inde nobis & he­redibus [Page 151] nostris & dimid' dict' Presiden' & Collegio applicand'. Preterea volumus & concedimus pro no­bis & successoribus nostris quantum in nobis est quòd per President' & Collegium dicte Communitatis pro tempore existen' & eor' successores imperpetuum qua­tuor singulis annis per ipsos eligantur qui habeant su­pervisum scrutinium correctionem & gubernationem omnium & singulor' dicte Civitat' Medicor' utentium facultate medicine in eadem Civitate ac alior' Medicor' forinsecor' quorumcunque facultatem illam Medicine aliquo modo frequentan' & uten' infra eandem Civi­tat' & Suburb' ejusdem sive infra septem mill' in circu­itu ejusdem Civitat' ac punitionem eorundem pro de­lict' suis in non benè exequen' faciend' & utend' ill'. Nec non supervisum & scrutinium omnimodar' medici­nar' & ear' recept' per dictos medicos seu aliquem eor' hujusmod' ligeis nostris pro eor' infirmitatibus curand' & sanand' dand' imponend' & utend' quoties & quan­do opus fuerit pro commodo & utilitate eorundem li­geor' nostror' Ita quòd punitio hujusmodi medicor' uten' dict' facultat' medicine sic in premissis delinquen' per fines amerciament' & imprisonament' corpor' suor' & per alias vias rationabiles & congruas exequatur. Volumus eciam & concedimus pro nobis heredibus & successoribus nostris quantum in nobis est quod nec Presidens nec aliquis de Collegio predicto medicor' nec successor' sui nec eor' aliquis exercen' facultat' ill' quoquo modo in futur' infra Civitatem nostram pre­dict' & suburb' ejusdem seu alibi summoneantur aut ponantur nec eor' aliquis summoneatur aut pona­tur in aliquibus Assisis Jurat' Inquest' Inquisitio­nibus Attinct' & aliis recognitionibus infra dictam Civitat' & Suburb' ejusdem imposterum coram Majore aut Vic' seu Coronat' dicte Civitatis nostre pro tem­pore [Page 152] existen' capiend' aut per aliquem Officiar' seu Ministr' suum vel Officiarios sive Ministros suos sum­monend' licet iidem Jur' Inquisitiones seu recognitio­nes summon' fuerint super brevi vel brevibus nostri vel heredum nostror' de rect' Sed quòd dicti Magistri sive Gubernatores ac Communitas facultat' antedicte & successores sui & eor' quilibet dictam facultat' ex­ercen' versus nos heredes & successores nostros ac ver­sus Majorem ac Vic' Civitat' predicte pro tempore exi­ften' & quoscunque Officiar' & Ministros suos sint inde quiet' & penitus exonerat' imperpetuum per presentes Proviso quòd Litere nostre seu aliquid in eis content' non cedent in prejudicium Civitat' nostre London seu libertat' ejusdem Et hoc absque fine seu feodo pro premissis seu sigillatione presentium nobis faciend' sol­vend' seu aliqualit' reddend' Aliquo Statuto Ordi­natione vel Actu in contrarium ante hec tempora fact' edit' ordinat' seu provisis in aliquò non obstan'. In cujus rei testimonium has Literas nostras fieri fecimus Patentes. Teste meipso apud Westm' vicesimo tertio die Septembris Anno regni nostri decimo. Cumque eciam in Statuto in Parliament' dicti nuper regis Hen­rici octavi tent' apud London decimo quinto die Apri­lis Anno regni sui quartodecimo & abinde adjornat' usque Westm' in Com' Midd' ultimo die Julii Anno regni dicti nuper Regis quintodecimo & tunc & ibidem tent' inactitat' fuit quòd predicta Corporatio predicte Communitat' & Societat' facultat' Medicine predict' Et omnia & singula concessio articul' & al' res content' & spec' in predictis Literis Paten' forent approbat' con­cess' ratificat' & confirmat' & clarè authorizat' & ad­miss' bona legitima & valida Anglice avayleable pre­fat' Corpori incorporat' & eor' successoribus imperpe­tuum in tam amplo & largo modo quàm posset capi [Page 153] putari & construi pro eadem prout in eodem Statuto int' alia plenius continetur. Predictus tamen Edmundus Gardiner qui ad dictam facultat' exercend' per Presi­dentem & Communitatem facultatis medicine London predict' per literas President' & Collegii predicti sigillo suo communi sigillat' non admissus est nec unquam an­te hec admissus fuit Statutum predictum minime pon­derans nec penam in predictis Literis Paten' content' verens dictam facultatem medicine per spacium duode­cim mensium jam ult' elaps. & prox' preceden' ante diem impetrationis hujus bille scilicet ultimum diem Maii Anno regni domini Jacobi nunc Regis Anglie Tertio in Civitate London predicta videlicet in paro­chia beate Marie de Arcubus in Warda de Cheape Lon­don exercuit & adhuc exercet contra formam Literar' Paten' predictar' & Statut' predict' per quod actio ac­crevit eidem Presidenti qui tam, &c. ad exigend' & habend' de prefato Edmundo Gardiner pro predicto do­mino Rege nunc & eidem Presidenti & Collegio pre­dicto predictas sexaginta libras videlicet pro quolibet mense predictor' duodecim mensium Centum solidos. Predictus tamen Edmundus licet sepius requisit', &c. predictas sexaginta libras prefat' domino Regi & ei­dem Presidenti & Collegio predicto seu eor' alteri nondum solvit sed illas ill' ei hucusque solvere omnino con­tradixit & adhuc contradic' ad dampnum ipsius Presi­dentis qui tam, &c. quadraginta librar' & inde tam pro eodem domino Rege quam pro eodem Presidente & Collegio predicto produc' sectam, &c. Et modo ad hunc diem scilicet diem Mercurii prox' post octa­bas sancti Michaelis isto eodem Termino usque quem diem predictus Edmundus Gardiner habuit licenc' ad billam predictam interloquendi & tunc ad respon­dend', &c. Coram domino Rege apud Westm' ven' [Page 154] tam predictus Presidens qui tam, &c. per Attorn' suum predictum quam predictus Edmundus Gardiner per Willielmum Stampe Attorn' suum Et idem Edmundus defend' vim & injur' quando, &c. Et dic' quòd pre­dict' Presiden' & Collegium qui tam, &c. Actionem suam predictam inde versus eum habere seu manute­nere non debet Quia dic' quod per quendam Actum in Parliamento dicti domini Henrici nuper nunc Regis Anglie octavi apud Westm' predictam in dicto Com' Midd' Anno regni sui Tricesimo quarto & Tricesimo quinto tent' edit' recitando in eodem Actu Cum in Parliament' tent' apud Westm' in Anno tertio regni dicti nuper Regis Henrici octavi int' alia pro evacua­tione incantamentor' magie & al' inconvenienciar' in­actitat' fuisset quod nulla persona infra Civitatem Lon­don nec infra septem milliar' ejusdem susciperet super se exercere & occupare tanquam Medicus vel Chirur­gus nisi ipse primo examinat' approbat' & admissus foret per Episcop' London & al' sub & super certis penis & penalitatibus in eodem Actu mentionat'. Post con­fectionem cujus quidem Actus Communitas & Socie­tas Chirurgor' London intenden' tanquam sua propria lucra & nichil proficuum vel easiament' egrotor' vel Patientium sectassent tribulassent & vexassent diversas honestas personas tam viros quam mulieres quos Deus ornaret anglice had endued indue cum cognitione nature generis & operationis certar' herbar' radicum & aquar' & usus & ministrationis earundem talibus qui fuerunt tent' anglice payned cum consuet' morbis prout pectoribus mulier' existen' ulcerat' morbo morbos voc' a Pynne & Webbe in oculo morbo voc' uncomes manuum lez Scaldynges Combustionibus ulcerat' oribus calculo Stranguria morbo vocat' Saucelym & vitiligine & talibus consimilibus morbis. Et tamen predicte per­sone [Page 155] non cepissent aliquid pro labore vel cognitione suis sed ministrassent eosdem pauperi populo solummo­do pro vicinagio & Dei causa ac pro pietate & chari­tate. Et tunc bene cognit' fuit quod Chirurgi ad­missi facerent nullam curam alicui persone nisi ubi ipsi cognoscerent fore remunerati cum majore summa vel munere quam cura extenderet quo qua in casu si ipsi mi­nistrare vellent cognitionem suam egroto populo mini­me remunerati tam multi non putrifierent & perirent ad mortem pro defectu auxilii Chirurgie prout quoti­die fecerunt Sed magna pars Chirurgor' admissor' fue­runt multo magis culpari quam tal' persone quas ipsi tribulabant Licet enim major pars personar' predicti mysterii Chirurgor' habuerunt parvam noticiam tamen ipsi vellent capere magnas pecunie summas & fac' par­vum proinde Et ratione inde ipsi sepius deteriorabant & ledebant ledabant patient' suos potius quam facere eis ali­quod bonum. In consideratione cujus ac pro aisia­mento solatio levamine auxilio relevio & sanitate pau­perum subditor' dicti nuper Regis Henrici octavi inha­bitantium hujus regni sui tunc detent' anglice payned & morbos. aut qui extunc imposterum forent detent' & morbosi int' al' inactitat' & stabilit' fuit authoritate ejusdem Parliamenti tent' in predictis annis tricesimo quarto & tricesimo quinto dicti nuper Regis Henrici octavi quod ad omnia tempora extunc imposterum licitum foret cuilibet persone existen' subdit' dicti nu­per Regis habenti cognitionem & experienc' nature herbar' & radicum & aquar' aut operationis eorundem per speculationem sive practizationem infra aliquam partem hujus regni Anglie aut infra aliquod dominior' dicti nuper Regis practizari uti & ministrare in & ad aliquam exteriorem penam anglice Sore le uncome vul­nus apostemationes exteriorem intumationem vel mor­bum [Page 156] aliquam herbam vel herbas unguentum lavacra lez pultes & emplastra secundum noticiam experienc' & cognitionem in aliquo morbor' penar' & lez mala­dies pred' & omnibus aliis eis consimilibus aut potiones de Calculo & Stranguria vel febribus absque sect' vexa­tione tribulatione penalitate vel perditione bonor' suor' Statuto predicto in dicto Anno tertio regni dicti nuper Regis Henrici octavi aut aliquo alio Actu Ordinatione vel Statuto in contrarium inde ante tunc fact' in aliquo modo non obstan' prout per eundem Actum factum in Annis tricesimo quarto & tricesimo quinto supradictis int' alia plenius apparet. Quor' pretextu idem Edmun­dus existens subdit' dicti domini Regis nunc natus in­fra hoc regnum Anglie videlicet apud London videli­cet in Parochia beate Marie de Arcubus in Warda de Cheape London ac habens cognitionem & experien­ciam nature herbar' radicum & aquar' ac operationis eorundem per tempus predictum in narratione predic­ta superius spec' apud London predictam in Parochia & Warda predictis practizabat usus fuit & ministrabat in & ad diversas exteriores penas les uncomes vulnera impostumationes exteriores intumationes & morbos di­vers. herbam & herbas ungent' lavacra lez pultesses & emplastra ac potiones de Calculo & Stranguria & febri­bus secundum cognitionem experienciam & noticiam suas in morbis penis & lez maladyes predict' secundum formam & effectum predicti Actus edit' in Annis trice­simo quarto & tricesimo quinto supradictis. Absque hoc quod idem Edmundus dictam facultatem medicine infra Civitatem London predictam alit' seu alio modo exercuit seu exercet prout predictus Presidens & Colle­gium qui tam, &c. per narrationem suam predictam superius versus eum queritur Et hoc parat' est verificare unde pet' judicium si predict' Presidens & Collegium qui [Page 157] tam, &c. actionem suam predictam inde versus eum habere seu manutenere debeat, &c. Et predictus Tho­mas Langton qui tam, &c. dic' quod ipse per aliqua per predictum Edmundum Gardiner superius placitan­do allegat' ab actione sua predicta versus ipsum Edm' habend' precludi non debet. Quia dic' quod per quen­dam Actum in Parliamento domine Marie nuper Regi­ne Anglie tent' per prorogationem apud Westm' in Com' Midd' vicesimo quarto die Octobris Anno regni ipsius nuper Regine primo & ibidem continuat' usque sextum diem mensis Decembris extunc prox' sequen' recitan' Quod cum in dicto Parliamento tent' apud London dicto decimo quinto die Aprilis Anno decimo quarto regni dicti Regis Henrici octavi & inde adjornat' usque ad Westm' predict' ultimo die Julii in Anno decimo quinto regni ejusdem Regis & adtunc tent' inactitat' existit quod dicta concessio Corporationis per Literas Patent' fact' & concess. per eundem nuper Regem me­dicis London & omnes Clausul' & Articul' content' in eadem concessione essent approbat' concess. ratificat' & confirmat' per idem Parliamentum pro consideratione inde stabilit' existit in dicto Parliamento dicte nuper Regine Marie quod Statutum illud sive Actus Parlia­menti cum quolibet Articulo & Clausula in eodem con­tent' extunc deinceps staret & continuaret semper in plenis robore vigore & effectu aliquo Actu Statuto Lege consuetudine vel aliqua alia re fact' habita vel usa in contrarium in aliquo non obstan' prout per idem sta­tutum Anno regni dicte nuper Regine Marie primo su­pradicto edit' plenius liquet. Et hoc parat' est verificare. Unde ex quo predictus Edmundus practiciam & exerci­tium predicte facultatis Medicine superius cogn' idem Thomas Langton qui tam, &c. pet' judicium & debitum predictum tam dicto domino Regi quam eidem Tho­me [Page 158] & Collegio predicto una cum dampnis suis occasi­one detentionis debiti illius sibi adjudicari, &c. Et pre­dictus Edmundus Gardiner dic' quod placitum predictum per predictum Thomam Langton modo & forma pre­dictis superius replicando placitat' materiaque in eodem content' minus sufficien' in lege existunt ad actionem predicti Thome Langton predictam versus ipsum Edm' Gardiner habend' manutenend' ad quod idem Edmundus Gardiner necesse non habet nec per legem t're tene­tur aliquo modo respondere. Unde pro defectu suffi­cien' replicationis in hac parte idem Edmundus Gardi­ner ut prius pet' Judicium Et quod predictus Thomas Langton ab actione sua predicta versus ipsum Edm' Gardiner habend' precludatur, &c. Et predictus Tho­mas Langton qui tam, &c. dic' quod placitum pre­dictum per ipsum Thomam modo & forma predictis superius replicando placitat' materiaque in eodem con­tent' bona & sufficien' in lege existunt ad actionem ipsius Thome Langton predictam versus predictum Edm' Gardiner habend' manutenend' Quod quidem pla­citum materiamque in eodem content' idem Thomas Langton parat' est verificare & probare prout Cur', &c. Et quia predictus Edmundus Gardiner ad placitum illud non respond' nec ill' hucusque aliqualiter dedic' idem Thomas Langton ut prius pet' Judicium & debitum pre­dictum tam dicto domino Regi quam eidem Thome & Collegio predicto una cum dampnis suis predictis occa­sione detentionis debiti illius sibi adjudicari, &c. Et quia Cur' domini Regis hic de Judicio suo de & super pre­missis reddend' nondum advisatur dies inde dat' est par­tibus predictis coram domino Rege apud Westm' usque diem Jovis prox' post octabas sancti Hillarii de Judicio suo de & super premissis audiendo, &c. eo quod Cur' domini Regis hic inde nondum, &c. Ad quem diem [Page 159] coram domino Rege apud Westm' ven' partes predicte per Attornat' suos predictos. Et quia Cur' domini Re­gis hic de Judicio suo de & super premissis predictis reddend' nondum advisatur dies ulterius inde dat' est partibus predictis coram domino Rege apud Westm' usque diem Mercurii prox' post xviij Pasche de Judicio inde audiend', &c. eo quod Cur' domini Regis hic inde nondum, &c. Ad quem diem coram domino Rege apud Westm' ven' partes predicte per Attorn' suos predictos. Et quia Cur' domini Regis hic de Judicio suo de & su­per premissis predictis reddend' nondum advisatur dies ulterius inde dat' est partibus predictis coram domino Rege apud Westm' usque diem Veneris prox' post Cra­stinum Sancte Trinitat' extunc prox' sequen' de Judicio inde audiendo eo quod Cur' domini Regis hic inde non­dum, &c. Ad quem diem coram domino Rege apud Westm' ven' partes predicte per Attorn' suos predictos Super quo visis & per Cur' domini Regis hic plenius in­tellectis omnibus & singulis premissis maturaque deli­beratione inde habita pro eo quod videtur Cur' domini Regis hic quod placitum predictum per predictum Tho­mam Langton qui tam, &c. superius replicando pla­citat' materiaque in eodem content' bon' & sufficien' in lege existit ad actionem ipsius Thome Langton qui tam, &c. versus predictum Edm' habend' manutenend'. Ideo cons. est quod predictus Thomas Langton qui tam, &c. recuperet versus prefat' Edm' debitum pre­dictum Unde dominus Rex habeat unam medietatem Et predictus Thomas Langton qui tam, &c. & Colle­gium predictum habeant alteram medietatem juxta for­mam Literar' Paten' predictar' & Statut' predict'. Quodque idem Thomas Langton qui tam, &c. recupe­ret versus predictum Edm' sex libras tresdecim solidos & quatuor denarios pro dampnis suis que sustinuit [Page 160] tam occasione detentionis debiti predicti quam pro mis. & custagiis suis per ipsum circa sectam suam in hac parte apposit' eidem Thome Langton qui tam, &c. per Cur' domini Regis hic ex assensu suo adjudicat'. Et predictus Edmundus in misericord', &c. Postea scilicet die Sabbati prox' post octab' Sancti Martini Anno regni domini Jacobi nunc Regis Anglie sexto coram eodem domino Rege apud Westm' ven' predictus Presidens per Attorn' suum predictum Et cogn' se esse satisfactum per predictum Edm' Gardiner de tota parte sua debiti predicti & de dampnis predictis que ad ipsum Presi­dent' pertinet Ideo ipse idem Edmundus de tota parte ill' & de dampnis illis sit quiet', &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' undecimo die Februarii Anno regni nostri Anglie Franc' & Hibernie sexto Et Scotie quadragesimo secundo.

Byng & Byng.

Dr. Langton versus Gardiner, Croke 's Re­ports 2 d Part, p. 121.

DEBT upon the Statute 14 H. 8. cap. 5. by the Plaintiff, as President of the Colledge of Physicians in London, and of the Corporation of Physicians there: For that the Defendant used the Art of Physick in London, without Licence from the Colledge there, against the Statute and their Char­ter: For which he demanded 5 l. for every month, being the penalty given by the Statute. The Defen­dant pleaded the Statute of 34 H. 8. which enables every one to practise Physick or Surgery, being skil­full therein, notwithstanding any Act to the contrary. The Plaintiff replies, and shews the Statute Primo Mar. cap. 9. which confirms their Charter, and every Article thereof to stand in force; any Act, Statute, Law or Custome to the contrary notwithstanding. Hereupon the Defendant demurred; First, because this general clause in this Law doth not restrain the Statute of 34 H. 8. Secondly, that this pleading is a departure: For it ought to have been shewn be­fore. Stephens argued for the Plaintiff. First, That the Act of 34 H. 8. is repealed by the Statute of prim. Mar. quoad the Colledge of Physicians in London, as fully as if it had been by express words recited and repealed: For when it confirms the Char­ter of 14 H. 8. and appoints, that it, and every part thereof shall stand, and be avayleable; the Statute of 34 H. 8. cannot stand with it; Quia leges poste­riores [Page 162] leges priores contrarias abrogant, 4 Ed. 4. Por­ter's Case, Co. 1. fol. 25. Secondly, that it is not any departure, Because there is not any new matter: but matter pleaded in reviving of the former, or for­tification thereof: And a Record was shewn, Mich. 10 and 11 Eliz. betwixt Bomelins and—where the Record was in the same manner as this Record is; And there the Plaintiff had Iudgment: Where­fore, &c. And there being none on the Defendants parts to argue, The Court upon hearing of the Record, gave rule, That Iudgment should be en­tred for the Plaintiff, unless, &c.

Dr. Atkins versus Gardiner, Croke 's Re­ports 2 d Part, p. 159.

SCir. fac. Vpon a Iudgment in Debt upon the Sta­tute 14 H. 8. by Dr. Langton, President of the Colledge of Physicians in London, who died be­fore execution had; and thereupon the Successor brought a Scir. fac. to have Execution; It was thereupon demurred, because the Scir. fac. ought to be brought by the Executor or Administrator of him who recovered, and not by the Successor. But upon hearing of the Record, without argu­ment the Court held, That the Successor might well maintain the Action; For the suite is given to the Colledge by a private Statute: And the suite is to be brought by the President for the time [Page 163] being; And he having recovered in right of the Corporation, the Law shall transferr that duty to the Successor of him who recovered, and not to his Executors; The Action being brought, for that he practised Physick in London without Li­cence of the Colledge of Physicians, against the Statute of 14 H. 8. Wherefore it was adjudged for the Plaintiff.

A Recovery against Dr. Bonham according to the Exemplification, 13 Febr. 6 Jacobi.

JACOBUS dei gratia Anglie Scotie Franc' & Hiber­nie Rex fidei defensor, &c. Omnibus ad quos presentes Litere nostre pervenerint salutem. Inspexi­mus quoddam Recordum coram nobis habitum in hec verba. SS. Placita coram domino Rege apud Westm' Termino Sancti Michaelis Anno regni domini Jacobi nunc Regis Anglie Quinto Rotulo CC lxxxxix. SS. London SS. Memorand' quòd alias scilicet Termino Sancte Trinitat' ultimo preterito coram domino Rege apud Westm' ven' Presidens Collegii sive Communitat' facultat' Medicine London qui tam, &c. pro domino Rege quàm pro eodem Presidente & Collegio pre­dicto sequitur per Laurencium Gibson Attorn' suum Et protulit hic in Cur' dicti domini Regis tunc ibidem quandam billam suam versus Thomam Bonnam in Cu­stod' Marr' &c. de placito debiti Et sunt pleg' de pros. scilicet Johannes Doo & Richardus Roo. Que qui­dem billa sequitur in hec verba. SS. London SS. Pre­sidens Collegii seu Communitat' facultat' Medicine London, &c. qui tam pro domino Rege quàm pro eo­dem Presidente & Collegio predicto sequitur queritur de Thoma Bonnam in Custod' Marr' Maresc. domini Regis coram ipso Rege existen' de placito quòd red­dat eidem domino Regi & prefat' President' & Colle­gio predicto sexaginta libras legalis monete Anglie quas eis debet & injuste detinet pro eo videlicet Quòd cum Dominus Henricus octavus nuper Rex [Page 165] Anglie per Literas suas Patentes magno sigillo suo Anglie sigillat' Cur'que hic prolat' geren' dat' apud Westm' in Com' Midd' vicesimo tertio die Septembris Anno regni sui decimo pro publico bono hujus regni in debito exercitio facultat' Medicine & bona admi­nistratione medicinar' habend' incorporasset & fecisset de Johanne Chamber Thoma Linacre & Ferdinando de Victoria adtunc Medicis ejusdem nuper Regis & Nicholao Halswell Johanne Francisci & Roberto Yax­ley & omnibus aliis viris ejusdem facultatis tunc de & infra Civitat' London unum Corpus & perpetuam Communitatem sive Societatem facultat' Medicine Et ad habend' perpetuam successionem & commune sigil­lum & ad eligend' annuatim unum President' ejusdem Societatis sive Communitatis ad supervidend' regend' & gubernand' eandem Societatem sive Communitatem & omnes homines ejusdem facultatis cum diversis aliis privilegiis & aliis rebus per predictum Regem eis con­cess' pro republica hujus regni prout in predictis Lite­ris Paten' plenius continetur Quar' tenor sequitur in hec verba. SS. Henricus Dei gratia Rex Anglie & Franc' & Dominus Hibernie Omnibus ad quos presentes Litere pervenerint salutem. Cum regii officii nostri munus ar­bitremur ditionis. ditioni nostre hominum felicitat' omni rati­one consulere id autem vel imprimis fore si improbor' conatibus tempestivè occurramus apprimè necessarium duximus improbor' quoque hominum qui Medicinam magis avaritie sue causa quàm ullius bone consciencie fiducia profitebuntur unde rudi & credule plebi plurima incommoda oriantur audaciam compescere Itaque partim benè institutar' Civitat' in Italia & multis aliis nationibus exemplum imitat' partim gravium gra­viorum viror' Doct' Johannis Chamber Thome Linacre Ferdinandi de Victoria medicor' nostror' Nicholai, [Page 166] Halswell Johannis Francisci & Roberti Yaxley medi­cor' ac precipuè reverendissimi in Christo Patris ac Do­mini D. Thome tituli Sancte Cecilie trans Tiberim Sa­crosancte Romane Ecclesie Presbyteri Cardinalis Ebo­racen' Archiepiscopi & regni nostri Anglie Cancellarii charissimi precibus inclinat' Collegium perpetuum doctor' & gravium Viror' qui medicinam in urbe no­stra London & Suburbiis intraque septem Mill' passuum ab ea urbe quaquaversus publicè exerceant institui volumus atque imperamus Quibus tum sui honoris tum publice utilitatis nomine cure ut speramus erit malici­osor' quor' meminimus inscitiam temeritatémque tam exemplo gravitatéque sua deterrere quàm per leges no­stras nuper edit' ac per constitutiones per idem Col­legium condend' punire Que quo facilius ritè peragi possint memoratis Doctoribus Johanni Chamber Tho­me Linacre Ferdinando de Victoria Medicis nostris Nicholao Halswell Johanni Francisci & Roberto Yax­ley medicis Concessimus quòd ipsi omnésque ho­mines ejusdem facultat' de & in Civitate predicta sint in re & nomine unum Corpus & Communitas perpe­tua sive Collegium perpetuum Et quòd eadem Commu­nitas sive Collegium fingulis annis imperpetuum eligere possint & facere de Communitate illa aliquem pro­vidum virum & in facultate medicine expertum in Presidentem ejusdem Collegii sive Communitat' ad supervidend' recognoscend' & gubernand' pro Anno illo Collegium sive Communitatem predictam & om­nes homines ejusdem facultatis & negotia eorundem Et quòd idem Presidens & Collegium sive Communi­tas habeant successionem perpetuam & commune si­gillum negociis dict' Communitat' & Presiden' imper­petuum servitur' Et quòd ipsi & successores sui imper­petuum sint persone habiles & capaces ad perquirend' [Page 167] & possidend' in feodo & perpetuitate terr' & tene­menta reddit' & al' possessiones quascunque. Conces­simus eciam eis & successoribus suis pro nobis & here­dibus nostris quod ipsi & successores sui possint perqui­rere sibi & successoribus suis tam in dicta urbe quam extra terras & tenementa quecunque annuum valorem duodecim librar' non exceden' Statuto de alienatione ad manum mortuam non obstan' Et quòd ipsi per no­mina Presidentis Collegii seu Communitatis facultatis Medicine London placitare & implacitari possint coram quibuscunque Judicibus in Curiis & actionibus quibus­cunque Et quòd predict' Presidens Collegium sive Com­munitas & eor' Successores congregationes licitas & honestas de seipsis ac Statuta & Ordinationes pro salu­bri Gubernatione supervisu & Correctione Collegii seu Communitatis predicte & omnium hominum eandem facultat' in dicta Civitate seu per septem milliar' in cir­cuitu ejusdem Civitat' exercen' secundum necessitat' exigenc. quoties & quando opus fuit facere valeant li­citè & impunè sine impedimento nostri heredum vel successor' nostror' Justiciarior' Escaetor' Vic. & alior' Ballivor' vel Ministror' nostror' hered' vel successor' no­stror' quorumcunque. Concessimus eciam eisdem Presi­denti & Collegio seu Communitati & Successoribus suis quod nemo in dicta Civitate aut per septem milliar' in circuitu ejusdem exerceat dictam facultatem nisi ad hoc per dict' President' & Communitatem seu Successores eor' qui pro tempore fuerint admiss. sit per ejusdem President' & Collegii literas sigillo suo communi sigil­lat' sub pena Centum solidor' pro quolibet mense quo non admissus eandem facultat' exercuit dimid' inde no­bis & heredibus nostris & dimid' dicto Presidenti & Collegio applicand'. Preterea volumus & concedimus [Page 168] pro nobis & successoribus nostris quantum in nobis est Quòd per President' & Collegium predicte Communi­tatis pro tempore existen' & eor' successores imperpe­tuum quatuor singulis annis per ipsos eligantur qui ha­beant supervisum scrutinium correctionem & guber­nationem omnium & singulor' dicte Civitat' Medicor' uten' facultat' medicine in eadem Civitate ac alior' medicor' forinsecor' quorumcunque facultatem ill' me­dicine aliquo modo frequentan' & uten' infra ean­dem Civitatem & suburbia ejusdem sive infra sep­tem Milliar' in Circuitu ejusdem Civitatis ac puniti­onem eorundem pro delictis suis in non benè exe­quend' faciend' & utend' ill' Necnon supervisum & scrutinium omnimodar' medicinar' & earum eor' recept' per dictos medicos aut aliquem eor' hujusmodi ligeis no­stris pro eor' infirmitatibus del. & hu­jusmodi & hujusmodi curand' & sanand' dand' imponend' & utend' quoties & quan­do opus fuerit pro commodo & utilitate eorundem ligeor' nostror' ita quòd punitio hujusmodi medicor' uten' dicta dicte facultat' medicine sic in premissis delinquen' per fines amerciament' & imprisonament' corpor' suor' & per alias vias rationabiles & congruas exequatur. Volumus eciam & concedimus pro nobis heredibus & successoribus nostris quantum in nobis est quòd nec Presidens nec aliquis de Collegio predicto medicor' nec successor' sui nec eor' aliquis exercen' facultat' ill' quoquo modo in futur' infra Civitatem nostram pre­dict' & suburb' ejusdem seu alibi summoneantur aut ponantur nec eor' aliquis summoneatur aut pona­tur in aliquibus Assisis Jurat' Inquest' Inquisitio­nibus Attinct' & aliis recognitionibus infra dictam Civitat' & Suburb' ejusdem imposterum coram Majore aut Vic' seu Coronat' dicte Civitatis nostre pro tem­pore [Page 169] existen' capiend' aut per aliquem Officiar' seu Ministrum suum vel Officiarios sive Ministros suos sum­monend' licet iidem Jur' Inquisitiones seu recognitio­nes sum' fuerint super brevi vel brevibus nostri vel heredum nostror' de recto Sed quòd dicti Magistri sive Gubernatores ac Communitas facultat' antedict' & suc­cessores sui & eor' quilibet dictam facultat' exercen' versus nos heredes & successores nostros ac versus Ma­jorem ac Vic' Civitat' nostre predicte pro tempore exi­sten' ac quoscunque Officiar' & Ministros suos sint inde quiet' & penitus exonerat' imperpetuum per presentes Proviso quòd Litere nostre seu aliquod in eis content' non cedent in prejudicium Civitat' nostre London seu libertat' ejusdem Et hoc absque fine seu feodo pro premissis seu sigillatione presentium nobis faciend' sol­vend' seu aliqualit' reddend' Aliquo Statuto Ordi­natione vel Actu in contrarium ante hec tempora fact' edit' ordinat' seu provis' in aliquo non obstan'. In cujus rei testimonium has Literas nostras fieri fecimus Patentes. Teste meipso apud Westm' vicesimo tertio die Septembris Anno regni nostri decimo. Cumque eciam in Statuto in Parliamento dicti nuper regis Hen­rici octavi tent' apud London decimo quinto die Apri­lis Anno regni sui quartodecimo & abinde adjornat' usque Westm' in Com' Midd' ultimo die Julii Anno regni dicti nuper Regis decimoquinto & tunc & ibidem tent' inactitat' fuit quòd predicta Corporatio predict' Communitat' & Societat' facultat' Medicine predicte Et omnia & singula concessio articul' & al' res content' & spec' in predictis Literis Paten' forent approbat' con­cess' ratificat' & confirmat' in eodem Parliamento & clarè authorizat' authoritat' & admiss' per idem Parliamentum bona legitima & valida Anglice avayleable prefat' Corpori incorporat' & eor' successoribus imperpe­tuum [Page 170] in tam amplo & largo modo quam posset capi putari & construi per eadem prout in eodem Statuto int' alia plenius continetur. Predictus tamen Thomas Bonnam qui ad dictam facultat' exercend' per Presi­dentem & Communitatem facultatis medicine London predict' per literas President' & Collegii predicti sigillo suo communi sigillat' non admissus est nec unquam an­te hec admissus fuit Statutum predictum minime pon­derans nec penam in predictis Literis Paten' content' verens dictam facultatem medicine per spacium duode­cim mensium jam ult' elaps. & prox' preceden' ante diem impetrationis hujus bille scilicet vicesimum quintum diem Junii Anno regni domini Jacobi nunc Regis Anglie Quinto in Civitat' London predicta videlicet in paro­chia beate Marie de Arcubus in Warda de Cheape Lon­don exercuit & adhuc exercet contra formam Literar' Paten' predictar' & Statut' predict' Per quod actio ac­crevit eidem Presidenti qui tam, &c. ad exigend' & habend' de prefato Thoma pro [...]dicto domino Re­ge nunc ac eodem Presidente & Collegio predicto predictas sexaginta libras videlicet pro quolibet men­se predictor' duodecim mensium Centum solidos. Predictus tamen Thomas licet sepius requisit', &c. predictas sexaginta libras prefat' domino Regi & ei­dem Presidenti & Collegio predicto seu eor' alteri nondum solvit sed ill' eis hucusque solvere omnino con­tradixit & adhuc contradic' ad dampnum ipsius Presi­dentis qui tam, &c. Centum librar' & inde tam pro dicto domino Rege quam pro eodem Presidente & Collegio predicto produc' sectam, &c. Et modo ad hunc diem scilicet diem Veneris prox' post octab' Sancti Michaelis isto eodem Termino usque quem diem predictus Thomas Bonnam habuit licenc' ad billam predictam interloquendi & tunc ad respon­dend', [Page 171] &c. Coram domino Rege apud Westm' ven' tam predictus Presidens Collegii seu Communitatis dicte facultatis Medicine London qui tam, &c. per Attorn' suum predictum quam predictus Thomas Bonnam per Willielmum Edwardes Attorn' suum Et idem Thomas defend' vim & injur' quando, &c. Et dic' quòd pre­dict' Presidens Collegii seu Communitat' dicte facul­tat' medicine London qui tam pro dicto domino Rege quam pro eodem Presidente & Collegio predicto sequi­tur actionem suam predictam inde versus eum habere seu manutenere non debet Quia dic' quod benè & verum est quod predictus dominus Henricus Octavus nuper Rex Anglie per predictas literas suas Patent' magno sigillo suo Anglie sigillat' geren' dat' apud Westm' in predicto Com' Midd' predicto vicesimo tertio die Sep­tembris Anno regni sui decimo supradict' pro publico bono hujus regni in debito exercitio facultat' medicine & bona administratione medicinar' habend' & pro cau­sis & considerationibus in eisdem Literis Patentibus ex­pressis incorporasset & fecisset de predictis Johanne Chamber Thoma Linacre & Ferdinando de Victoria adtunc medicis ejusdem nuper Regis & Nicholao Halse­well Johanne Francisci & Roberto Yaxley & omnibus aliis viris ejusdem facultatis tunc de & infra dictam Civitatem London unum Corpus & perpetuam Com­munitatem sive societatem facultatis Medicine & ad­habend' perpetuam successionem & Commune sigillum Et ad eligend' annuatim unum Presiden' ejusdem socie­tatis sive Communitatis ad supervidend' regend' & gu­bernand' eandem societatem sive Communitatem & omnes homines ejusdem facultat' cum diversis aliis pri­vilegiis & al' rebus per dictum nuper Regem eis concess' pro republica hujus regni prout in predictis Literis Pa­ten' ut prefertur plenius continetur. Ac quod predictus [Page 172] nuper Rex concessit eciam per easdem Literas Patent' eisdem tunc Presidenti & Collegio seu Communitat' & successoribus suis quod nemo in dicta Civitate aut per septem Milliar' in circuitu ejusdem exerceret dictam facultatem nisi ad hoc per dict' President' & Communi­tat' seu successores eor' qui pro tempore fuerint admiss. soret per ejusdem Presiden' & Collegii literas sigillo suo communi sigillat' sub pena Centum solidor' pro quolibet mense quo non admiss. eandem facultatem exerceret di­mid' inde dicto domino nuper Regi & heredibus suis Et dimid' dicto Presidenti & Collegio applicand'. Ac eciam quod predictus nuper Rex ulterius concessit eis­dem tunc Presidenti & Collegio seu Communitat' & successoribus suis omnia & singula alia in eisdem Literis Paten' superius ut prefertur specificat' & content' modo & forma prout predict' Presidens qui tam, &c. superius narrando allegavit. Quodque eciam in predicto Statuto in dicto Parliamento dicti nuper Regis Henrici octavi tent' apud London predicto decimo quinto die Aprilis Anno regni sui quartodecimo & abinde adjornat' usque Westm' in predicto Com' Midd' ultimo die Julii Anno regni dicti nuper Regis decimo quinto & tunc ibidem tent' inactitat' fuit quod predicta Corporatio predicte Communitatis & societatis facultatis medicine predicte & omnia & singula concess. articul' & al' res content' & specificat' in predictis Literis Paten' foret approbat' concess. ratificat' & confirmat' in eodem Parliamento & clarè authorizat' authoritat' & admiss. per idem Parliamentum bona legitima & valida anglice Avayleable prefat' Cor­pori incorporat' & eor' successoribus imperpetuum in tam amplo & largo modo quam possit capi putari & construi per eadem prout in eodem Statuto int' alia plenius continetur modo & forma prout predictus Pre­sidens qui tam, &c. superius similit' narrando allegavit. [Page 173] Et predictus Thomas Bonnam ulterius dic' quod in pre­dicto Statuto ulterius inactitat' fuit Quod predict' sex. persone in eisdem Literis Paten' nominat' ut princi­pales & primo nominat' de predict' Communitate & Societate eligen' ad se duos vel plur' de dict' Commu­nitate ab inde anglice from thenceforthe vocarentur & nuncuparentur Electi anglice Elects Ac quod ii­dem Electi annuatim eligerent unum ex eis fore Pre­sidentem dicte Societatis, toties quoties aliquis locor' Anglice anye of the roomes and places place eorundem Elector' contigeret esse vacuum per mortem vel alit' tunc superviventes Anglice the supervivors eorundem Elector' contingeret infra Triginta vel quadraginta dies prox' post mortem eorundem vel alicujus eor' eligerent nomi­narent & admitterent unum vel plures prout necessi­tas requireret de peritissimis & expertissimis viris de & in dicta facultate in London ad supplend' dictum locum & numerum octo personar. Ac eciam recitan­do in dicto Statuto quod cum in Dioces. Anglic [...] anglice extra London tunc non verisimile fuit invenire semper homi­nes habiles ad examinand' sufficient' (secundum Statu­tum anglice according to the Statute) tales qui ad­mitterentur ad exercend' Medicinam in eisdem anglice to exercise Physicke in them ulterius inactitat' fuit in eodem Statuto quod nulla persona abinde anglice from thenceforthe permitteretur ad exercend' vel practizand' in Medicina Anglice in Physicke per Angliam anglice thoroughe Englande usque tale tempus quo ipse exa­minaretur apud London per predictum Presidentem & tres Elector' predictor' & ad habend' à prefat' Presidente vel Electis literas testimoniales de eor' approbatione & examinatione nisi ipse foret Graduatus anglice à Gra­duat Oxonie vel Cantabrigie qui adimplevisset omnia anglice had accomplished all thinges pro forma sua [Page 174] sine aliqua gratia. Et predictus Thomas Bonnam ulte­rius dic' quòd ipse idem Thomas diu ante predictum vicesimum quintum diem Junii Anno regni dicti do­mini Regis nunc Anglie quinto supradicto scilicet se­cundo die Julii Anno Domini Millesimo quingentesimo nonagesimo quinto in alma Academia Cantabrigie sus­cepit gradum & dignitat' Doctoris in Medicinis & ad­tunc & ibidem scilicet eodem secundo die Julii Anno Domini Millesimo quingentesimo nonagesimo quinto supradicto apud Cantabrigiam predictam in Com' Can­tabr' rite & legitime ordinat' & fact' fuit Graduat' An­glice a Graduate Cantabrigie predicte videlicet Doctor in Medicinis secundum Leges Statuta Constitutiones & Ordinationes dicte Academie Cantabrigie. Quod­que idem Thomas tunc & ibidem adimplevit omnia an­glice did accomplishe all thinges pro forma sua sine aliqua gratia. Quor' pretextu idem Thomas hujus­modi Graduat' Cantabrigie videlicet Doctor in Medi­cinis in forma predicta existen' qui adimplevisset om­nia anglice had accomplished all thinges pro forma sua sine aliqua gratia dictam facultatem medicine per pre­dictum spacium duodecim mensium ult' elaps. & prox' preceden' ante diem impetrationis bille predicte scili­cet predictum vicesimum quintum diem Junii Anno regni dicti domini Regis nunc Anglie quinto supra­dicto in dicta Civitate London videlicet in predicta pa­rochia beate Marie de Arcubus in Warda de Cheape London exercuit modo & forma prout predictus Presi­dens qui tam, &c. superius versus eum narravit prout ei benè licuit. Et hoc parat' est verificare. Unde pet' Judicium si predictus Presidens qui tam, &c. actionem suam predictam inde versus eum habere seu manutenere debeat, &c. Et predictus Presidens Collegii seu Communitatis facultat' medicine London predict' qui [Page 175] tam, &c. dic' quod ipse per aliqua per predictum Tho­mam Bonnam superius placitando allegat' ab actione sua predicta versus ipsum Thomam habend' precludi non debet. Quia dic' quod placitum predictum per ipsum Thomam modo & forma predictis superius placitat' ma­teriaque in eodem content' minus sufficien' in lege exi­stunt ad ipsum President' qui tam, &c. ab actione sua predicta versus predictum Thomam Bonnam inde ha­bend' precludend' Ad quod idem Presidens qui tam, &c. necesse non habet nec per legem t're tene­tur aliquo modo respondere. Unde pro defectu suffi­cien' respons. in hac parte idem Presidens qui tam, &c. pet' judicium & debitum predictum tam dicto domino Regi quam eidem President' & Collegio predicto una­cum dampnis suis occasione detentionis debiti illius sibi adjudicari, &c. Et predictus Thomas Bonnam dic' quod placitum predictum per ipsum Thomam modo & for­ma predictis superius placitat' materiaque in eodem content' bona & sufficien' in lege existunt ad predictum Presidentem qui tam, &c. ab actione sua predicta ver­sus ipsum Thomam habend' precludend'. Quod quidem placitum materiamque in eodem content' idem Tho­mas parat' est verificare & probare prout Cur', &c. Et quia predictus Presidens qui tam, &c. ad placitum il­lud non respond' nec illud hucusque aliqualiter dedic' idem Thomas Bonnam ut prius pet' Judicium Et quod predictus Presidens qui tam, &c. ab actione sua pre­dicta versus ipsum Thomam Bonnam inde habend' pre­cludatur, &c. Et quia Cur' domini Regis hic de Judi­cio suo de & super premissis reddend' nondum advisa­tur dies inde dat' est partibus predictis coram domino Rege apud Westm' usque diem Sabbati prox' post Octa­bas Sancti Hillarii de Judicio suo de & super premissis reddend', &c. eo quod Cur' domini Regis hic inde nondum, &c. Ad quem diem coram domino Rege [Page 176] apud Westm' ven' tam predictus Presiden' qui tam, &c. quam predictus Thomas Bonnam per Attorn' suos pre­dictos. Et quia Cur' domini Regis hic de Judicio suo de & super premissis reddend' nondum advisatur dies ulterius inde dat' est partibus predictis coram domino Rege apud Westm' usque diem Mercurii prox' post xviij Pasche extunc prox' sequen' de Judicio inde audiend' eo quod Cur' domini Regis hic inde non­dum, &c. Ad quem diem coram domino Rege apud Westm' ven' partes predicte per Attorn' suos predictos. Et quia Cur' domini Regis hic de Judicio suo de & su­per premissis reddendo nondum advisatur dies ulterius inde dat' est partibus predictis coram domino Rege apud Westm' usque diem Veneris prox' post Crastinum Sancte Trinitat' extunc prox' sequen' de Judicio inde au­diendo eo quod Cur' domini Regis hic inde nondum, &c. Ad quem diem coram domino Rege apud Westm' ven' partes predicte per Attorn' suos predictos. Et quia Cur' domini Regis hic de Judicio suo de & super premissis reddend' nondum advisatur dies ulterius inde dat' est partibus predictis coram domino Rege apud Westm' usque diem Lune prox' post Octab. Sancti Michaelis de judicio inde audiend' eo quod Cur' domini Regis hic inde nondum, &c. Ad quem diem coram domino Rege apud Westm' ven' tam predictus Presiden' qui tam, &c. quam predictus Thomas Bonnam per Attorn' suos predictos. Et quia Cur' domini Regis hic de Judi­cio suo de & super premissis reddend' nondum advisa­tur dies ulterius inde dat' est partibus predictis coram domino Rege apud Westm' usque diem Lune prox' post Octabas Sancti Hillarii extunc prox' sequen' de ju­dicio inde audiend' eo quod Cur' domini Regis hic in­de nondum, &c. Ad quem diem coram domino Rege apud Westm' ven' tam predictus Presidens qui tam, &c. [Page 177] quam predictus Thomas Bonnam per Attorn' suos pre­dictos Super quo vis' & per Cur' domini Regis hic plenius intellectis omnibus & singulis premissis matu­raque deliberatione inde habita pro eo quod videtur Cur' domini Regis hic quod placitum predictum per prefat' Thomam Bonnam modo & forma predictis su­perius placitat' materiaque in eodem content' minus suf­ficien' in lege existunt ad ipsum Presiden' qui tam, &c. ab actione sua predicta versus ipsum Thomam habend' precludend' Ideo cons. est quod predictus Presiden' qui tam, &c. recuperet versus predictum Thomam Bon­nam debitum predictum unde dominus Rex habeat u­nam medietatem & predictus Presiden' & Collegium al­teram medietatem juxta formam Literar' Paten' predic­tar' & Statut' predict'. Quodque idem Presiden' qui tam, &c. recuperet versus predictum Thomam Bon­nam duodecim libras pro dampnis suis que sustinuit tam occasione detentionis debiti predicti quam pro miss. & custagiis suis per ipsum circa sectam suam in hac parte apposit' eidem 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 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 [Page 179] 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 [Page 180] 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 [Page 181] 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 10th of April with­in London, against the form of the said Letters Pa­tents and the said Acts, exercebat artem Medicinae non admissus per Literas praed' Praesidentis & Collegii sigillo eorum communi sigillat' ubi revera praed' Tho. Bon­ham fuit minus sufficiens ad artem Medicinae exercend'. By force of which the said Thomas Bonham 30 April. 1606. was summoned in London by the Censors or Governours of the College, to appear before the President and Censors or Governours of the College aforesaid, at the College, &c. the 14 day of April next following, super praemissis examinand. At which day the said Thomas Bonham came before the Presi­dent [Page 182] and Censors, and was examined by the Censors de scientia sua in facultate sua Medicinae administrand' Et quia praed' Thomas Bonham sic examinatus minus apte & insufficienter in praed' arte Medicinae responde­bat, & inventus fuit super examinationem praed' per praed' Praesident' & Censores minus sufficiens & inex­pert' ad artem Medicinae administrand' ac pro eo quod praed' Tho. Bonham multotiens ante examinatus, & interdictus per ipsum Praesident' & Censores, de causis praed' ad artem Medicinae administrand' per unum men­sem & amplius post talem interdictionem facultatem illam in Lond' praed' sine licentia, &c. ideo adtunc & ibid' consideratum fuit per praed' Praesident' & Censo­res, quod praed' Tho. Bonham pro inobedientia & con­tempt' suis praed' amerciaretur to 5 li. in proximis Comitiis praed' Praesident' & Collegio persolvend' & de­inceps abstineret, &c. quousque inventus fuerit suffi­ciens, &c. sub poena conjiciendi in Carcerem si in prae­missis delinqueret: And that the said Tho. Bonham 20 Octob. 1606. within London did practise Physick, and the same day he was summoned by the Censors to appear before the President and them the 22 of Octob. then next following, at which day Bonham made default. Ideo consideratum fuit per praed' Cen­sores, That for his disobedience and contempt he should be amerced to 10 li. and that he should be arrest­ed and committed to custody. And afterwards the 7 Novemb. 1606. the said Tho. Bonham at their as­sembly came before the President and Censors, and they asked him if he would satisfie the College for his disobedience and contempt, and submit him­self to be examined and obey the censure of the Col­lege; who answered, That he had practised Physick, and would practise Physick within London, asking no [Page 183] leave of the College, and that he would not submit himself to the President and Censors, and affirmed that the President and Censors had not any authori­ty over those who were Doctors of the Vniversity; For which cause the said 4 Censors, sc. Dr. Turner, Dr. Moundforde, Dr. Argent, and Dr. Dun, then being Censors or Governors, pro offensis & inobe­dientia praed' adtunc & ibid' ordinaverunt & decre­verunt, quod praed' Tho. Bonham in Carcerem manda­retur ibid' remansur' quousque abinde per Praesident' & Censores seu gubernatores Collegii praed' pro tempore existen' deliberaretur, And there then by their warrant in writing under their common Seal did commit the Plaintiff to the prison of the Counter in London, &c. without Bail or mainprize at the costs and charges of the said Thomas Bonham, untill the said Thomas Bonham by the Warrant of the President and Cen­sors of the said College, or their Successors was de­livered. And Dr. Atkins then President, and the Censors, and Bowden and Taylor as their servants, and by the commandment of the said President and Censors, did carry the Plaintiff with the Warrant to the Gaol, &c. which is the same imprisonment. The Plaintiff replied and said, That by the said Act of 14 H. 8. it was further enacted, And where that in the Dioceses of England, out of London, it is not like to find alway men able sufficiently to examine (after the Statute) such as shall be admitted to ex­ercise Physick in them, that it may be enacted in this present Parliament, That no person from hence­forth be suffered to exercise or practise Physick through England untill such time that he be examined at Lon­don by the said President and thrée of the said Elects, and to have from them Letters Testimonial of their [Page 184] approving and examination, Exeept he be a Graduate of Oxford or Cambridge, which have accomplished all things for his form without grace: And that the Plaintiff in the year of our Lord 1595. was a Gra­duate, sc. a Doctor in the Vniversity of Cambridge, and had accomplished all things concerning his de­grée for his form without grace, by force whereof he had exercised and practised Physick within the City of London, until the Defendants had imprisoned him, &c. upon which the Defendants did demur in Law. And this case was often argued by the Sexjeants at Bar in diverse several Terms; And now this Term the case was argued by the Iustices, and the effect of their arguments who argued against the Plaintiff (which was divided into thrée parts) shall be first re­ported. The first was, whether a Doctor of Physick of the one Vniversity or the other, be by the Letters Patents and by the body of the Act of 14 H. 8. re­strained to practise Physick within the City of Lon­don, &c. The second was, If the exception in the said Act of 14 H. 8. hath excepted him or not. The third was, That his imprisonment was lawfull for his said disobedience. And as to the first, they did rely upon the Letter of the [...], ratified by the said Act of 14 H. 8. which is in the negative, sc. Ne­mo in dicta Civitate, &c. exercea [...] dictam faculta­tem nisi ad hoc per praedict Praesidentem & commu­nitatem, &c. admissus sit, &c. And this proposition is a general negative, and Generale dictum est gene­raliter intelligendum, and nemo excludeth all; and therefore a Doctor of the one Vniversity or the other is prohibited within this negative word Nemo. And many cases were put, where negative Statutes shall be taken strictè & exclusivè, which I do not think [Page 185] here necessary to recite. Also they said, that the Statute of 3 H. 8. cap. 11. which in effect is repeal­ed by this Act of 14 H. 8. hath a special Proviso for the Vniversity of Cambridge and Oxford, which being here left out, doth declare the intention of the makers of the Act, that they did intend to include them with­in this general Prohibition, Nemo in dicta Civitate, &c. As to the Second point they strongly held, that the said latter clause, And where that in the Dioceses of England out of London, &c. this clause according to the words doth extend onely to places out of London, and so much the rather, because that they purview for London before, Nemo in dicta Civitate, &c. Also the makers of the Act put a distinction betwixt those who shall be licensed to practise Physick within London, &c. for they ought to have the admittance and allowance of the President and College in writing under their Common Seal; but he who shall be al­lowed to practise Physick throughout England out of London ought to be examined and admitted by the President and 3 of the Elects, and so they said, that it was lately adjudged in the Kings Bench, in an Information exhibited against the said Doctor Bonham for practising of Physick within London for divers months. As to the Third point they said, That for his contempt and disobedience before them in their College they might commit him to Prison, for they have authority by the Letters Patents and Act of Parliament, And therefore for his contempt and misdemeanor before them they may commit him. Also the Act of 1 Mariae hath given them power to commit them for every offence or disobedience con­trary to any Article or Clause contained in the said Grant or Act. But there is an express Negative [Page 186] Article in the said Grant, and ratified by the Act of 14 H. 8. Quod nemo in dicta Civitate, &c. exerceat, &c. And the Defendants have pleaded that the Plaintiff hath prac­tised Physick within London by the space of one month, &c. And therefore the Act of 1 Mariae hath authorised them for to imprison him in this case; for which cause they did conclude for the Defendants against the Plaintiff. But it was argued by Coke Chief Iustice, Warburton and Daniel Iustices of the Common Pleas, to the contrary. And Daniel conceived that a Doctor of Physick of the one Vniversity or the o­ther, &c. was not within the body of the Act, and if he was within the body of the Act, that he was ex­cepted by the said latter clause: But Warburton ar­gued against him for both the points: and the Chief Iustice did not speak to these 2 points, because that he and Warburton and Daniel did agrée that this action was clearly maintainable for two other points. But to the 2 other points he and the said 2 other Iustices Warburton and Daniel did speak, scil. 1. Whe­ther the Censors have power for the Causes alledged in their Barr, to fine and imprison the Plaintiff. 2. Admitting that they have power to doe it, if they have pursued their power. But the chief Iustice be­fore he argued the points in Law, because that much was said in the commendations of the Doctors of Physick of the said College within London, and somewhat (as he conceived) in derogation of the dig­nity of the Doctors of the Vniversities, he first attri­buted much to the Doctors of the said College within London, and did confess that nothing was spoken, which was not due to their merits; but yet that no comparison was to be made between that private College, and any of the Vniversities of Cambridge [Page 187] and Oxford, no more than between the Father and his Children, or betwéen the Fountain and the small Rivers which descend from thence: The Vniversity is Alma mater, from whose breasts those of that pri­vate College have sucked all their science and know­ledge (which I acknowledge to be great and profound) but the Law saith, Erubescit lex Filios castigare Paren­tes: The Vniversity is the fountain, and that and the like private Colleges are tanquam rivuli, which flow from the fountain, & melius est petere fontes quàm sectari rivulos. Briefly, Academiae Cantabri­giae & Oxoniae sunt Athenae nostrae nobilissimae, regni soles, oculi & animae regni, unde Religio, humanitas & doctrina in omnes regni partes uberrimè diffundun­tur. But it is true, Nunquam sufficiet copia lauda­toris, quia nunquam deficiet materia laudis; and there­fore these Vniversities excéed and excell all private Colleges, tanquam inter viburna cupressus. And it was observed that King Henry the 8. his said Let­ters Patents, and the King and the Parliament in the Act of 14 H. 8. in making of a Law concerning Physicians, for the more safety and health of men, therein have followed the order of a good Physician (Rex enim omnes artes censetur habere in scrinio pecto­ris sui) For, Medicina est duplex, removens & pro­movens; removens morbum, & promovens ad salutem. And therefore 5 manner of persons (who more hurt the body of men than the disease it self) are to be re­moved. 1. Improbi: 2. Avari, qui medicinam ma­gis avaritiae suae causâ quàm ullius bonae conscientiae fiduciâ profitentur: 3. Malitiosi: 4. Temerarii: 5. In­scii; and of the other part, 5 manner of persons were to be promoted, as appeareth by the said Act, scil. those that were, 1. profound, 2. sad, 3. discreet, [Page 188] 4. groundedly learned, 5. profoundly studied. And it was well ordained, That the professors of Physick should be profound, sad, discreet, &c. and not youths who have no gravity and experience; for as one saith, In Juvene Theologo conscientiae detrimentum, in ju­vene Legista bursae decrementum, in juvene Medico coemeterii incrementum. And it ought to be presumed, every Doctor of any of the Vniversities to be within the Statute, sc. to be profound, sad, discreet, groun­dedly learned, and profoundly studied, for none can there be Master of Arts (who is a Doctor of Phi­losophy) under the study of 7 years, and cannot be Doctor of Physick under 7 years more in the study of Physick: and that is the cause that the Plaintiff is named in the Declaration, Doctor of Philosophy, and Doctor of Physick, quia oportet Medicum esse Philosophum; ubi enim Philosophus desinit, incipit Medicus. As to the 2 points upon which the Chief Iustice, Warburton and Daniel gave judgment: 1. It was resolved by them, That the said Censors have not the power to commit the plaintiff for any of the causes mentioned in the Barr, and the cause and reason thereof shortly was, That the said clause which giveth power to the said Censors to fine and imprison, doth not extend to the said clause, sc. Quòd nemo in dicta Civitate, &c. exerceat dictam facultatem, &c. Which prohibiteth every one to practise Physick with­in London, &c. without licence of the President and College; but extendeth onely to punish those who practise Physick within London, pro delictis suis in non bene exequendo, faciendo & utendo facultate medici­nae, by fine and imprisonment: So that the Censors have not power by the Letters Patents and the Act to fine and imprison any for practising of Physick [Page 189] within London, but onely pro delictis suis in non bene exequendo, &c. for ill and not good use and practice of Physick. And that was made manifest by 5 Reasons called vividae rationes, because they had their vigour and life from the Letters Patents and the Act it self. And the best Expositor of all Letters Patents, and Acts of Parliament, are the Letters Patents and the Acts themselves, by construction and conferring all the parts together, Optima Statuti interpretatrix est (omnibus particulis ejusdem inspectis) ipsum Statutum; And injustum est nisi totâ lege inspectâ, de una aliqua ejus particula judicare vel respondere. The first rea­son was, that these two were two absolute, perfect and distinct Clauses, and as Parallels, and therefore the one did not extend to the other; for the second be­ginneth Praeterea voluit & concessit, &c. and the branch concerning fine and imprisonment, is parcel of the second Clause. 2. The first Clause prohibiting the practising of Physick, &c. doth comprehend 4 cer­tainties; 1. Certainty of the thing prohibited, sc. practice of Physick; 2. Certainty of the time, sc. practice for one month; 3. Certainty of Penalty, sc. 5 li. 4. Certainty of distribution, sc. one Moyety to the King, and the other Moyety to the College; and this penalty he who practiseth Physick in London doth incur, although he practise and use Physick well, and profitably for the body of man; and upon this branch the Information was exhibited in the Kings Bench. But the Clause to punish delicta in non bene exequendo, &c. upon which branch the Case at Barr stands, is altogether uncertain, for the hurt which may come thereby may be little or great, leve vel grave, excessive or small, &c. And therefore the King and the makers of the Act, cannot for so uncer­tain [Page 190] offence impose a certainty of fine, or time of imprisonment, but leave it to the Censors to punish such offences, secundum quantitatem delicti, which is included in these words, per fines, amerciamenta, im­prisonamenta corporum suorum, & per alias vias ra­tionabiles & congruas. 2. The harm which accrueth by non bene exequendo, &c. doth concern the body of man; and therefore it is reasonable that the offen­der should be punished in his body, sc. by imprison­ment; but he who practiseth Physick in London in a good manner, although he doth it without leave, yet it is not any prejudice to the body of man. But the clause of Non bene exequendo, &c. doth not pre­scribe any time certain, but at what time soever he ministreth Physick non bene, &c. he shall be punish­ed by the said 2 branch. And the Law hath great reason in the making of this distinction, for divers Nobles, Gentlemen, and others come upon divers occasions to London; and when they are here, they become subject to diseases, and thereupon they send for their Physicians into the Countrey, who know their bodies and the causes of the diseases; now it was never the meaning of the Act to barr any one of his own Physician; and when he is here he may practise and minister Physick to another by 2 or 3 wéeks, &c. without any forfeiture; for any one who wactiseth Physick well in London (although he hath not taken any degree in any of the Vniversities) shall forfeit nothing, if not that he practise it by the space of a month; and that was the cause, that the time of a month was put in the Act. 4. The Censors cannot be Iudges, Ministers and Parties; Iudges to give sentence or Iudgment: Ministers, to make summons; and Parties to have the moyety of the [Page] forfeiture, quia aliquis non debet esse Judex in propria causa, imo iniquum est aliquem suae rei esse Judicem: and one cannot be Iudge and Attorney for any of the parties: Dyer. 3 Ed. 6. 65. 38 E. 3. 15. 8 H. 6. 19, 20. 21 E 4. 47. &c. And it appeareth in our books that in many Cases the Common Law doth controll Acts of Parliament, and sometimes shall adjudge them to be void: for when an Act of Parliament is against Common right and reason, or repugnant or impossi­ble to be performed, the Common Law shall controll it, and adjudge such Act to be void; and therefore in 8 E. 3. 30. Thomas Tregors Case upon the Statute of West. 2. Cap. 38. and Articuli super Chartas Cap. 9. Herle saith, Some Statutes are made against Common Law and right, which those who made them would not put in execution: The Statute of West. 2. Cap. 21. giveth a Writ of Cessavit haeredi petenti super haeredem tenent & super eos quibus ali­enatum fuerit hujusmodi tenementum: and yet it is adjudged in 33 E. 3. Cessavit 42. where the Case was, Two Coparceners Lords and Tenant by Feal­ty and certain Rent, One Coparcener had issue and dyeth; the Aunt and the Néece shall not joyn in a Cessavit, because that the heir shall not have a Cessa­vit, for the cesser in the time of his ancestor. F.N.B. 209. F. And therewith agréeth Plow. Com. 110. and the reason is, because in a Cessavit the Tenant before Iudgment may render the Arrearages and damages, and hold his land again, and that he cannot doe when the heir bringeth a Cessavit for the cesser in the time of his Auncestor, for the arrearages incurred in the life of the Auncestor do not belong to the heir: and because that it shall be against right and reason, the Common Law shall adjudge the said Act of Parliament [Page 192] as to that point void. The Statute of Carlisle made 35 E. 1. enacteth That the Order of the Cistertians and Augustines who have a Covent and Common Seal, that the Common Seal shall be in the keeping of the Prior, who is under the Abbot, and 4 o­thers of the most grave of the house: and that any déed sealed with the Common Seal, which is not so in kéeping, shall be void: and the opinion of the Court (Anno 27 H. 6. Annuity 41.) was, that this Statute was void, for it is impertinent to be obser­ved, for the Seal being in their kéeping, the Abbot cannot seal any thing with it, and when it is in the Abbots hands it is out of their kéeping ipso facto; and if the Statute should be observed, every Common Seal shall be defeated upon a simple surmise, which cannot be tryed. Note Reader, the words of the said Statute of Carlisle which was made 35 E. 1. which is called Statutum Religiosorum, are, Et insuper or­dinavit dominus Rex & statuit, quod Abbates Cicestr' & Premonstraten' ordin' religiosorum, &c. de caetero habeant Sigillum Commune, & illud in custodia Pri­oris Monasterii sui domus, & quatuor de dignioribus & discretioribus ejusdem loci conventus sub privato Sigillo Abbatis ipsius loci custod' depon' &c. Et si forsan aliqua scripta obligationum, donationum, emp­tionum, venditionum, alienationum, seu aliorum quo­rumcunque contractuum alio sigillo quàm tali sigillo communi, sicut praemit' custodit', inveniant' à modo si­gillata, pro nullo penitus habeantur, omnique careant firmitate. So the Statute of 1 E. 6. cap. 14. giveth Chauntries, &c. to the King saving to the donor, &c. all such rents, services, &c. and the Common Law doth controll it, and adjudge the same void as to ser­vices, and the donor shall have the Rent as a Rent­seck [Page 193] distr. of Common right, for it should be against Common right and reason that the King should hold of any, or do service to any of his Subjects, 14 Eliz. Dyer 313. And so was it adjudged Mich. 16 and 17 Eliz. in the Common Pleas in Stroud's Case. So if any Act of Parliament giveth to any to hold, or to have Conusans of Pleas of all manner of Pleas ari­sing before him within his Mannor of D. yet he shall hold no Plea, to which himself is party; for, as hath béen said, iniquum est aliquem suae rei esse judicem. 5. If he shall forfeit 5 li. for one month by the first clause, and shall be punished for practising at any time by the second clause, two absurdities would follow; 1. That one should be punished not onely twice, but many times for one and the same offence; And the Divine saith, Quòd Deus non agit bis in idipsum; and the Law saith, Nemo debet bis puniri pro uno delicto. 2. It should be absurd, by the first clause to punish practising for one month, and not for lesser time, and by the 2. to punish practising not onely for a day, but at any time; so he shall be punished by the first branch for one month by the forfeiture of 5 li. and by the 2. by fine and imprisonment, without any limitation for every time of the month in which any one doth prac­tise Physick. And all these reasons were proved by 2 grounds or Maxims of Law. 1. Generalis Clausu­la non porrigitur ad ea quae specialiter sunt compre­hensa. And the Case between Carter and Ringstead, Hill. 34 Eliz. rot. 120. in the Common Pleas, was cited to this purpose, where the Case in effect was, That A. seized of the Mannor of Staple in Odiham in the County of Southampton in Fée, and also of other lands in Odiham aforesaid in Fée, suffered a common Recovery of all, and declared the use by Indenture, [Page 194] That the Recoverer should stand seized of all the lands and tenements in Odiham to the use of A. and his wife, and to the heirs of his body begotten; and fur­ther, that the Recoverer should stand seized to the use of him, and to the heirs of his body, and died; and the wife survived, and entred into the said Man­nor by force of the said general words. But it was adjudged, That they did not extend to the said Man­nor which was specially named; and if it be so indéed à fortiori, it shall be so in an Act of Parliament, which (as a Will) is to be expounded according to the in­tention of the makers. 2. Verba posteriora propter certitudinem addita, ad priora quae certitudine indigent, sunt referenda. 6 E. 3. 12. Sir Adam de Clydrow Knight brought a Praecipe quod reddat against I. de Clydrow, and the writ was, Quod juste, &c. reddat Manerium de Wicombe & duas carucatas terrae cum pert. in Cly­drow, in that case the Town of Clydrow did not re­late to the Mannor, quia non indiget, for a Mannor may be demanded without mentioning that it lieth in any Town; but cum pertinentiis, although that it cometh after the Town▪ shall relate to the Mannor, quia indiget. Vide 3 E. 4. 10. the like case. But it was objected, That where by the second clause it was granted, that the Censors should have supervisum & scrutinium, correctionem & gubernationem omnium & singulorum Medicorum, &c. they had power to fine and imprison. To that it was answered, 1. That the same is but part of the sentence, for by the entire sentence it appeareth in what manner they shall have power to punish, for the words are, ac punitionem eorum pro delictis suis in non bene exequendo, saciendo seu utendo illâ facultate: so that without question all their power to correct and punish the Physicians by this [Page 195] clause īs onely limited to 3 cases, scil. in non bene exequendo, faciendo, vel utendo, &c. Also this word punitionem, is limited and restrained by these words, Ita quòd punitio eorundem Medicorum, &c. sic in praemissis delinquentium, &c. which words, sic in prae­missis delinquentium, limit the first words in the first part of this sentence, ac punitionem eorum pro de­lictis in non bene exequendo. 2. It shall be absurd, That in one and the same sentence the makers of the Act shall give them a general power to punish without limitation; and a special manner how they shall pu­nish in one and the same sentence. 3 Hil. 38 Eliz. in a Quo Warranto against the Mayor and Commonal­ty of London, it was holden, That where a Grant is made to the Mayor and Commonalty, that the May­or for the time being should have plenum & integrum scrutinium, gubernationem & correctionem omnium & singulorum Mysteriorum, &c. without granting to them any Court, in which should be legal procéedings, that the same is good for search, by which discovery may be made of offences and defects, which may be punished by the Law in any Court; but it doth not give, nor can give them any irregular or absolute power to correct or punish any of the Subjects of the Kingdom at their pleasures. 2. It was objected, That it is incident to every Court created by Let­ters Patents, or Act of Parliament, or other Courts of Record, to punish any misdemeanors done in Court, in disturbance or contempt of the Court, by imprison­ment. To which it was answered, That neither the Letters Patents nor the Act of Parliament hath gran­ted to them any Court, but onely an authority, which they ought to pursue, as it shall be afterwards said. 2. If any Court had béen granted to them, they could [Page 196] not by any incident authority implicitè granted unto them for any misdemeanor done in Court, commit him to prison without bail or mainprise, untill he shall be by the commandment of the President and Censors, or their Successors, delivered, as the Censors have done in this case. 3. There was not any such mis­demeanor for which the Court might imprison him, for he onely shewed his case to them, which he was advi­sed by his Councel he may justifie, which is not any offence worthy of imprisonment.

The second point. Admitting that the Censors had power by the Act, if they have pursued their authority or not? And it was resolved by the chief Iustice, Warburton, and Daniel, that they have not pursued it for 6 causes. 1. By the Act the Censors onely have power to impose a fine or amercement; and the President and Censors do impose the amercement of 5 li. upon the Plaintiff. 2. The Plaintiff was summoned to appear before the President and Cen­sors, &c. and did not appear; and therefore he was fined 10 li. whereas the President hath not any au­thority in that case. 3. The fines and amercements to be imposed by them by force of the Act, do not be­long to them but to the King, for the King hath not granted the fines and amercements to them, and yet the fine is appointed to be paid to them in proximis Comitiis, and they have imprisoned the Plaintiff for non-payment thereof. 4. They ought to have com­mitted the Plaintiff presently by construction of Law, although that no time be limited in the Act, as in the Stat. of West. cap. 12. De Servientibus, Ballivis, &c. qui ad compotum reddend' tenentur, &c. cum Dom' hu­jusmodi servientium dederit eis auditores compoti, & contingat ipsum in arreragiis super compotum suum [Page 197] omnibus allocatis & allocandis, arrestentur corpora eo­rum, & per testimonium auditorum ejusdem compo­ti mittantur & liberentur proximae gaolae Domini Re­gis in partibus illis, &c. in that case, although that no time be limited when the Accomptant shall be impri­soned, yet it ought to be presently, as it is holden in 27 H. 6. 8. and the reason thereof is given in Fogossa's Case Plow. Com. 17. that the generality of time shall be restrained to the present time for the benefit of him upon whom the pain shall be inflicted, and therewith agréeth Plow. Com. 206. b. in Stradling's Case. And a Iustice of Peace upon view of the force, ought to commit the offender presently. 5. For as much as the Censors had their authority by the Letters Patents and Act of Parliament, which are high matters of Record, their proceedings ought not to be by word, and so much the rather, because they claimed autho­rity to fine and imprison. And therefore if Iudgment be given against one in the Common Pleas in a Writ of Recaption, he shall be fined and imprisoned; but if the Writ be Vicontiel in the County, there he shall not be fined or imprisoned, because that the Court is not of Record, F. N. B. in bre. de Recaptione, so in 47 F. N. B. a Plea of Trespass vi & armis doth not lie in the County Court, hundred Court, &c. for they cannot make Record of fine and imprisonment; and regularly those who cannot make a Record, cannot fine and imprison. And therewith agréeth 27 H. 8. Book of Entries: The Auditors make a Record when they commit the Defendant to prison; A Iustice of Peace upon view of the force may commit, but he ought to make a Record of it. 6. Because the Act of 14 H. 8. hath given power to imprison untill he shall be delivered by the President and the Censors, and [Page 198] their Successors, reason requireth that the same be taken strictly, for the liberty of the Subject (as they pretend) is at their pleasure: And the same is proved by a Iudgment in Parliament in this Case; For when this Act of 14 H. 8. had given power to the Cen­sors to imprison, yet it was taken so literally, that the Gaoler was not bound to receive them which they committed to him, and the reason thereof was, be­cause they had authority to do it without any Court: And thereupon the Statute of 1 Mar. cap. 9. was made, that the Gaoler should receive them upon a pain, and none can be committed to any prison, if the Gaoler cannot receive him: but the first Act for the cause aforesaid was taken so literally, that no ne­cessary incident was implyed. And where it was ob­jected that this very Act of 1 Mariae hath enlarged the power of the Censors, and that upon the word of the Act; It was clearly resolved that the said Act of 1 Ma­riae did not enlarge the power of the Censors to fine or imprison any person for any cause for which he ought not to be fined and imprisoned by the said Act of 14 H. 8. For the words of the Act of Q. Mary are according to the tenor and meaning of the said Act: ‘Also shall send or commit any 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, &c.’ But in this Case Bonham hath not done any thing which appeareth within this Record, contrary to any Article or clause contained within the Grant or Act of 14 H. 8. Also the Gaoler who refuseth shall forfeit the double value of the fines and amerciaments that any offender or disobedient shall be assessed to pay; which proveth that none shall be received by any Gaoler by force of the Act of 14 H. 8. [Page 199] but he who may be lawfully fined or amerced by the Act of 14 H. 8. and for that was not Bonham, as by the reasons and causes aforesaid it appeareth. And admit that the replication be not material, and the Defendants have demurred upon it; yet forasmuch as the Defendants have confessed in the Bar, that they have imprisoned the Plaintiff without cause, the Plain­tiff shall have Iudgment. And the difference is, when the Plaintiff doth reply, and by his replication it appeareth that he hath no cause of action, there he shall never have judgment: But when the Bar is insufficient in matter, or amounteth (as this Case is) to a confession of the point of the action, and the Plaintiff replyeth and sheweth the truth of the matter to enforce his Case, and in Iudgment of Law it is not material; yet the Plaintiff shall have Iudgment; for it is true that sometimes the Count shall be made good by the Bar, and sometimes the Bar by the Re­plication, and sometimes the Replication by the Re­joynder, &c. But the difference is when the Count wantethtime, place or other circumstance, it may be made good by the Bar, so of the Bar, Replication, &c. as appeareth in 18 E. 4. 16. b. But when the Count wanteth substance, no Bar can make it good; so of the Bar, Replication, &c. and therewith agrée 6 E. 4. 2. a good case, and mark there the words of Choke, vid. 18 E. 3. 34. b. 44 E. 3. 7. a. 12 E. 4. 6. 6 H. 7. 10. 7 H. 7. 3. 11 H. 4. 24. &c. But when the Plaintiff makes a Replication, Sur-rejoynder, &c. and thereby it appeareth, that upon the whole mat­ter and Record the Plaintiff hath no cause of action, he shall never have Iudgment, although that the Bar or remainder be insufficient in matter, for the Court ought to judge upon the whole Record, and every [Page 200] one shall be intended to make the best of his own case. Vid. Rigeways case in the 3. part of my Reports 52. And so these differences were resolved and adjudged be­twéen Kendall and Heyer, Mich. 25 & 26 Eliz. in the Kings Bench. And Mich. 29 & 30 Eliz. in the same Court betwéen Gallys and Burbry. And Coke Chief Iustice in the conclusion of his argument did observe 7 things for the better direction of the President and Commonalty of the said Colledge in time to come. 1. That none can be punished for practising of Phy­sick in London, but by forfeiture of 5 li. by the month, which is to be recovered by the Law. 2. If any pra­ctise Physick there for a less time than a month, that he shall forfeit nothing. 3. If any person pro­hibited by the Statute offend in non bene exequendo, &c. they may punish him according to the Statute within the month. 4. Those who may commit to pri­son by the Statute, ought to commit presently. 5. The fines which they set, according to the Statute, belong to the King. 6. They cannot impose a fine or imprison without a Record of it. 7. The cause for which they impose fine and imprisonment ought to becertain, for the same is traversable; For although they have the Letters Patents and an Act of Parliament; yet because the party grieved hath not other remedy, neither by Writ of Error or otherwise, and they are not made Iud­ges, nor a Court given to them, but have an authority onely so to doe, the cause of their commitment is traver­sable in an action of false imprisonment brought against them; as upon the Statute of Bankrupts, their War­rant is under the great Seal, and by Act of Parlia­ment; yet because the party grieved hath no other re­medy, if the Commissioners do not pursue the Act and their Commission, he shall traverse, That he was [Page 201] not a Bankrupt, although the Commissioners affirm him to be one; as this Term it was resolved in this Court in Trespass betwéen Cutt and Delabarre, where the issue was, Whether William Piercy was bankrupt or not, who was found by the Commissioners to be a bankrupt: à fortiori, in the Case at Bar, the cause of the imprisonment is traversable; for otherwise the party grieved may be perpetually without just cause imprisoned by them: But the Record of a force made by one Iustice of Peace is not traversable, because he doth the same as Iudge, by the Statutes of 15 R. 2. and 8 H. 6. and so there is a difference when one ma­keth a Record as a Iudge, and when he doth a thing by a special authority, as they did in the Case at Bar, and not as a Iudge. And afterwards for the said two last points Iudgment was given for the Plaintiff, nullo contradicente. And I acquainted Sir Thomas Fleming Chief Iustice of the Kings Bench with this Iudgment, and with the reasons and causes thereof, who appro­ved of the Iudgment which we had given: And the same is the first judgment upon the said Branch con­cerning fine and imprisonment which hath béen given since the making of the said Charter and Acts of Par­liament, and therefore I thought it worthy to be re­ported and published.

Dr. Bonham's Case as reported by Brownlow and Goldesborough, Trinity 7 Jac. 1609. in the Common Bench.

THomas Bonham brought an Action of false im­prisonment against Dr. Atkins, and divers Action of false impri­sonment. other Doctors of Physick: The Defendants justified, that King H. 8. Anno Decimo of his Reign, founded a College of Physicians, and pleaded the Letters Pa­tents of the Corporation: And that they have autho­rity by that to chuse a President, &c. as by the Let­ters Patents, &c. and then plead the Statute of 32 H. 8. Cap. 40. And that the said Doctor Atkins was chosen President according to the said Act and Letters Patents. And by the said Act and Letters Pa­tents it is provided, That none shall Practise in the City of London or the Suburbs of it, or within seven miles of the said City, or exercise the faculty of Physick, if he be not thereto admitted by the Let­ters of the President and College sealed with their Common Seal, under the penalty of a hundred shil­lings for every month that he (not being admitted) shall exercise the said faculty. Further we will and grant for us and our Successors, to the President and Col­lege of the Society for the time being, and their Suc­cessors for ever, that they may chuse four every year, that shall have the overseeing and searching, corecting and governing of all in the said City, being Physici­ans, using the faculty of Medicine in the said City, and of other Physicians abroad whatsoever, the faculty of Physicking by any means frequenting and using [Page 203] within the said City or Suburbs thereof, or within se­ven miles in compass of the said City, and of punish­ing them for their offences, in not well executing, ma­king and using it: And that the punishing of those Physicians using the said faculty, so in the Premisses offending, by fines, amerciaments, imprisonments of their bodies, and by other reasonable and fitting ways shall be executed. Note, the Preamble of these Letters Patents is, Quòd cùm regii officii nostri munus arbitremur, ditionis nostrae hominum foelicitati omni ratione consulere, Id autem vel imprimis fore, si improborum conaminibus tempestivè occurramus, ap­primè necessarium fore duximus, improborum quoque hominum, qui medicinam magis avaritiae suae causâ, quàm ullius bonae conscientiae fiduciâ profitebuntur, un­de rudi & credulae plebi plurima incommoda oriuntur, audaciam compescere. And that the Plaintiff practi­sed in London, without admission of the College; and being summoned to appear at the College, and examined if he would give satisfaction to the College according to the said Letters Patents and Statute, he answered, that he had received his Degrée to be Doctor of Physick by the Vniversity of Cambridge, and was allowed by the Vniversity to practise, and confest that he had practised within the said City, and as he conceived it was lawfull for him to practise there; That upon that the said President and Commonalty fined him to a hundred shillings, and for not paying of that, and his other contempt, committed him to Prison. To which the Plaintiff replyed as aforesaid, and upon this demurrer was joyned. And Harris for Serj. Harris the younger. the Defendants saith, That this hath béen at another time adjudged in the King's bench, where the said Col­lege imposed a fine of five pound upon a Doctor of [Page 204] Physick which practised in London without their ad­mission, and for the non-payment of it, brought an action of debt, and adjudged that it lay well; and that the Statute of 32 H. 8. extends as well to Gra­duates as to others, for it is general, and Graduates are not excepted in the Statute, nor in the Letters Patents, and all the mischiefs intended to be redres­sed by this, are not expressed in that; and the Statute shall not be intended to punish Impostors onely, but all other which practise without examination and ad­mittance. For two things are necessary to Physici­ans, that is, learning and experience; and upon that there is a Proverb, Experto crede Roberto. And the Statute intends, that none shall practise here but those which are most learned, and expert more than or­dinary. And for that the Statute provides, that none shall practise here without allowance and examination by the Bishop of London and the Dean of Pauls and four learned Doctors; But in other places the exami­nation is referred onely to the Bishop of the Diocess; The reason of the difference is, for that London is the heart of the Kingdom, And here the King and his Court, the Magistrates and Iudges of the Law, and other Ma­gistrates are resident. And with this agrées the Govern­ment of other well-governed Cities in Italy and other Nations, as it appears by the preamble of the said Letters Patents. And it appears by the Statute, that this was not intended to extend to Impostors onely, for that the word Impostor is not mentioned in the Sta­tute: And the Statute provides, that they shall be punished as well for doing and using, as for ill using: And also it is provided by the Statute of 1. Mary 1 Par­liament Chap. 9. That the Gardians, Gaolers, or Kéepers of the Wards, Gaols and Prisons within the [Page 205] City and Precinct of it, shall receive into their Prisons all such person and persons so offending, which are sent or committed to them, and those safely shall kéep without Bail, till the party so committed shall be dis­charged by the said President, or other person by the said College to that authorised; By which it appears, that the Gaolers and Kéepers of Prisons have power to retain such which are committed: That then the President shall have power to commit; for things im­plied are as strong as things expressed; as it appears by the Com. Stradling and Morgans Case: And also in the Earl of Leicester's Case, where it is agréed, that Ioynture before Coverture cannot be waved; and this is implied within the Statute of 27 H. 8. And so the Statute of 2 E. 6. provides that after seven years Tithes shall be paid, by which it is collected by Implication, that during seven years Tithes shall not be paid; And so he prayed Iudgment for the De­fendants.

Dodridge, Serjeant of the King, for the Plaintiff said, That the Statute of 24 H. 8. Chap. 5. and the Letters Patents give power to four Censors to punish for ill executing, doing and using the faculty of a Phy­sician; and the Plaintiff was not charged for ill exe­cuting of it, doing or using: But it is averred, Where revera the Plaintiff was nothing sufficient to exercise the said Art, and being examined, less apt to answer, thereupon they forbad him, and being sent for and not appearing, he was amerced five pound, and order that he should be arrested; and being arrest­ed, upon his appearance being examined if he would submit himself to the said Colledge, he answered and confessed that he had practised within the said City, being a Doctor of Physick as aforesaid, as well to [Page 206] him it was lawfull, and that he would practise here again, for which he was committed to Prison: so that he was amerced for his contempt in the using of the said Art, and committed to Prison for his answer upon his examination: And he conceived that there are two questions considerable.

First, if the College may restrain a Doctor of Phy­sick of his Practice in London.

Secondly, admitting that they may, then if these are the causes for which they may commit by their Letters Patents. The first reason is drawn from the Letters Patents, and the said Statutes, in which he said, that the intent of the King was the end of his work: And this intent shall be expounded for thrée Reasons apparent in the words contained in the Grant.

First, Tempestivè improborum Conatibus oc­currere.

Secondly, Improborum hominum, qui Medici­nam magis avaritiae suae causâ, quàm ullius bonae conscientiae fiduciâ profitebuntur, audaciam com­pescere.

Thirdly, which would invite learned men to prac­tise here, Collegium perpetuum doctorum & gravi­um virorum qui Medicinam in Urbe nostra Londino & Suburbiis infra septem millia passuum ab urbe qua­quaversus, publicè exerceant, institui volumus & imperamus. And further he saith, that there are thrée sorts of men which meddle with the body of a man.

The First is the Learned man, which reads all books extant, and his knowledge is speculative, and by that he knew the nature of all Simples.

[Page 207] The second is Practick, the knowledge of which is onely his experience; he may give probatum est; but is ignorant of the cause of the disease, and the nature of the things which he applies for the cure of it.

And the third is an Impostor, which takes upon him the knowledge which he hath not. And every of these the College may punish for Malè utendo, facien­do, vel exequendo, by which way they will. And this was not the first care which was had; for in the 9 H. 5. was a private Act made for Physicians, by which there is great regard to them which are learned and educated in the Vniversity; And for that the Act provides that they shall not be prejudicial to any of the Vniversities of Oxford and Cambridge (and with this agrées 3 H. 8. 11.) and the priviledge of them. And the Docti & graves homines, mentioned in the Letters Patents, are the learned men mentioned in the Act; for the Statute provides, that they shall pu­nish according to these Statutes, and late Edicts. And by the former Laws, the Vniversities and their priviledges were excepted, and by their former Sta­tutes the Letters Patents ought to be directed, for it is referred to them. Also the Statutes of this Realm have always had great respect to the Graduates of the Vniversities, and it is not without cause, for sudavit & alsit, and hath no other reward but this Degrée, which is Doctor. And for that the Statute of 21 H. 8. prefers Graduates, and provides that Doctors of Di­vinity, or Batchelors shall be capable of two Bene­fices with Cure without dispensation: And so 13 Eliz. provides that none shall be presented to a Benefice above the value of thirty pound per annum, if he be not a Doctor or Batchelor of Divinity. And to the objection that none shall practise in London or seven miles circuit [Page 208] of it without licence, that this clause shall be expoun­ded according to the matter, and to that he agréed; for the other branches of the Statute are made to cherish grave and learned men, and therefore it shall not be in­tended, that this branch was made for the punishment of those, but of others which the Statute intended to punish.

And to the second Objection, that every Doctor is not the learned and grave man intended within the Statute, for the knowledge of many of them is onely speculative without practice; to that he answered, That all their study is practice, and that if they have no prac­tice of themselves, then they attend upon others which practise, and apply themselves to know the nature of Simples.

And to the third Objection, that in London ought to be choice men, for the Statute appoints that they shall be examined by the Bishop and Dean, and four others at least; and for that there is a more strict course for them, than in other places; to that it is agréed. But he said, that in the Vniversity there is a more strict course than this; for here he ought to be publickly approved by many after he hath béen exami­ned, and answered in the Schools to divers questions, and allowed by the Congregation house: And 35 H. 6. 55. Doctor is no addition, but a Degrée, (quia gra­datim & progressione Doctrinae provenit) to that, and that Doctor is Teacher, and that he was first taught by others as a Scholar, and afterwards he is Master; and Doctor dicitur à docendo, quia docere permittitur, and they are called Masters of their faculty; and that the original of Doctor came of the Synagogue of Iews, where there were Doctors of Law; and it ap­pears that they had their Ceremonies in the time of [Page 209] H. 1. And when a man brings with him the Ensign of doctrine, there is no reason that he should be exa­mined again, for then if they will not allow of him, he shall not be allowed, though he be a learned and grave man; and it was not the intent of the King to make a Monopoly of this practice.

And to the second point that he propounded, it séems that the justification is not good; which is, Quia non comparuit upon summons, he was amereed, and or­dered that he should be arrested; and being arrested, and examined if he would submit himself to the Col­lege, he answered that he was a Doctor, and had prac­tised and would practise within the said City, as he conceived he might lawfully do; and for that shewing of this Case he was committed to prison. And he con­ceived two things upon the Charter.

First, that it doth not inhibit a Doctor to practise, but punisheth him for ill using, exercising, and making; and secondly, that it impowers to imprison the Em­pirick and Impostor; And so prayed Iudgment for the Plaintiff.

And after in Hilary Term in the same year this Case was argued by all the Iustices of the Common Bench two several days. The first day it was argued by Foster, Daniel and Warburton Iustices, at whose arguments I was not present, but Foster argued against the Plaintiff, and Daniel and Warburton with him, that the action of false imprisonment was well main­tainable. And the second day the same Case was ar­gued again by Walmesley Iustice, and Coke Chief Iustice; and Walmesley argued as followeth; that is, That the Statute of 3 H. 8. was in the negative, that no person within the City of London or seven miles thereof, take upon him to exercise or occupy as Phy­sician [Page 210] or Chirurgeon, &c. And he doth not know in any Case where the words of the Statute are nega­tive, that they admit any interpretation against that, but one onely, and that is the Statute of Marlebridge Chap. 4. which provides that no Lord shall distrain in one County, and the beast distrained drive into ano­ther County. In which case though the words are negative, yet if the Lord distrain in one County, he may drive the beasts to his Mannor in another Coun­ty, of which the lands, in which the distress was ta­ken, were held. But it is equity and reason in this Case, that the Statute should admit such exception; for it is not of Malice, but that the beasts may remain within his fée. But in the principal Case there is not the like reason nor equity. And also the King H. 8. in his Letters Patents recites as followeth, that is, Cùm regii officii nostri munus arbitremur, ditionis nostrae hominum felicitati omni ratione consulere, id autem vel imprimis fore, si improborum conatibus tempestivè occurramus, apprimè necessarium duximus improborum quoque hominum, qui Medicinam magis avaritiae suae causâ quàm ullius bonae conscientiae fidu­ciâ profitebuntur, &c. By which it appears, that it is the office of a King to survey his Subjects, and he is as a Physician to cure their maladies, and to re­move Leprosies amongst them, and also to remove all fumes and smells, which may offend or be prejudicial to their health, as it appears by the several Writs in these several Cases provided. And so if a man be not right in his Wits, the King is to have the protection and Government of him, lest he being infirm, waste or consume his Lands or Goods. And it is not suffi­cient for him that his Subjects live, but that they should live happily, and he discharges not his office, [Page 211] if his Subjects live a life, but if they live and flourish; and he hath cure as well of their bodies as of their lands and goods; for health for the body is as neces­sary as virtue to the mind. And the King H. 8. to express his extraordinary care of his Subjects made the said Act in the third year of his Reign, which was the beginning of his Essence, to that purpose. And by the Common Law, any Physician which was al­lowed by the Vniversity, might practise and exercise the said faculty within any place within England, without any dispensation, examination, or approbation of any: but after the making of the said Act made in the third year of King H. 8. none may practise, exercise or oc­cupy as Physician or Surgeon within the City of Lon­don and seven miles thereof, if he be not first exami­ned, approved and admitted by the Bishop of London and the Dean of Pauls for the time being, calling to them four Doctors of Physick or Chirurgeons, &c. And that no practiser may occupy or exercise the said faculty out of the said Precincts, if he be not first ex­amined, approved and admitted by the Bishop of the Diocess, or in his absence, by his Vicar General, eve­ry of them calling unto him such expert persons in the said faculty, as their discretions think convenient. And the reason of this difference, as he conceived was for that in this City and the said Precincts, the King and all his Councill, and all the Iudges and Sages of the Law, and divers other men of quality and con­dition live and continue, and also the place is more subject to infection, and the air more pestiferous; and therefore there is more necessity, that greater care, diligence, and examination be made of those which practised here in London and the Precincts aforesaid, than of those that practise in other places of the Realm; [Page 212] for in other places the people have better air, and use more exercise, and are not so subject to infection; and therefore there is no cause that such care should be used for them, for they are not in such danger. And in the Statute there is not any exception of the Vniver­sities nor of those which are Graduates there, and therefore they shall be tried by the said Act; and the Statute of 14 H. 8. Chap. 5. onely excepts those which are Graduats of Oxford or Cambridge which have accomplished all things for their form without any Grace; and if this exception shall be intended to extend to others, then all the Vniversities shall be excepted by it, and such exception was too general. And over he said, that the Plaintiff gave absurd and contemptuous answer, when he being cited before them said, that he would not be ruled nor directed by them (being such grave and learned men) And for that he hath practised against the Statute, he was worthi­ly punished and committed; for it should be a vain Law, if it did not provide punishment for them that offend against it. And Bracton saith, Nihil est habere Leges, si non sit unus qui potest Leges tueri; and for this here are four grave and discréet men to defend and maintain the Law, and to punish all Offenders against it, according to the Statute, by imprisonment of their bodies and other reasonable ways; and the said four men have the search as well of those men, as of other Medicines. And the Statute of 1 Mary provides that the Kéepers of Prisons shall receive all which are committed by the said four learned and grave men. And though there be great care committed to them by the said Statute, and the said Letters Patents, yet there is a greater trust reposed in them than this; for we commit to them our lives, when [Page 213] we receive Physick of them; and that not without cause, for they are men of gravity, learning and discretion; and for that they have power to make Laws, which is the office of the Parliament; for those which are so learned may be trusted with any thing; and for the better making of these they have power to as­semble all the Commons of their Corporation, and the King allows of that by his Letters Patents, for it is made by a congregation of wise, learned and discréet men; and the Statute of 1 Mary inflicts pu­nishment upon contempts, and not for any other of­fences; And they hold a Court, and so may commit, as every other Court may, for a contempt of Com­mon Right, without Act of Parliament or Informa­tion, or other legal form of Procéeding thereupon; as it appears by 7 H. 6. for a contempt committed in a Léet, the Steward committed the offender to Pri­son, and it was absurd to conceive that the Statute will allow of Commitment without cause. And it is a marvellous thing that when good Laws shall be made for our health and wealth also, yet we will so pinch up­on them, that we will not be tryed by men of experi­ence, practice and learning, but by the Vniversity, where a man may have his Degrée by grace without merit. And so for these reasons he concluded that this action is not maintainable.

Coke Chief Iustice said, That the Cause which was pleaded why the Plaintiff was committed, was, for that he had exercised Physick within the City of Lon­don by the space of a month, and did not very fitly answer, for which it was ordained by the Censors that he should pay a hundred shillings, and that he should forbear his practice, and that he did not forbear; and then being warned of that, and upon that being [Page 214] summoned to appear, did not appear; and for that it was ordained that he should be arrested; and that after he was summoned again, and then he appeared, and denied to pay the hundred shillings, and said, that he would practise, for he was a Doctor of Cam­bridge; and upon that it was ordained that he should be committed, till he should be delivered by the Doc­tors of the College; and upon this was the Demur­rer joyned. And in pleading the Plaintiff said, that he was a Doctor of Philosophy and Physick; upon which the Lord Chief Iustice took occasion to remem­ber a saying of Galen, that is, Ubi Philosophia desi­nit, ibi Medicina incipit, and he said the onely questi­on of this Case depends not upon the payment of the said hundred shillings, but upon the words of the Let­ters Patents of the King, and the said two Statutes, the words of which are, Concessimus eidem Praesidenti, &c. Quòd nemo in dicta Civitate, aut per septem mil­liaria in circuitu ejusdem exerceat dictam facultatem, nisi ad hoc per dictum Praesidentem & communitatem seu Successores eorum qui pro tempore fuerint admissus sit, per ejusdem Praesidentis & Collegii literas sigillo suo communi sigillatas, sub poena centum solidorum pro quolibet mense, quo, non admissus, eandem facultatem exercuerit, dimidium inde nobis, & haeredibus nostris, & dimidium dicto Praesidenti & Collegio applicandum. Et praeterea volumus & concedimus pro nobis, &c. Quòd per Praesidentem & Collegii communitatem pro tem­pore existentes, & eorum Successores in perpetuum, quatuor singulis annis per ipsos eligantur, qui habeant supervisum, scrutinium, & correctionem & gubernati­onem omnium & singulorum dictae Civitatis Medico­rum utentium facultate Medicinae in eadem Civitate, ac aliorum Medicorum forinsecorum quorumcunque [Page 215] facultatem illam Medicinae aliquo modo frequentanti­um & utentium infra eandem Civitatem & Subur­bia ejusdem sive septem milliaria in circuitu ejusdem Civitatis, ac punitionem eorundem pro delictis suis in non bene exequendo, faciendo & utendo illa; nec non supervisum & scrutinium omnium medicinarum & earum receptionum, per praedictos Medicos sive aliquem eorum hujusmodi ligeis nostris pro eorum infirmitati­bus curandis & sanandis, dand', imponend', & utend', quoties & quando opus fuerit, pro commodo & utili­tate eorundem ligeorum nostrorum; Ita quod punitio hujusmodi medicorum utentium dictâ facultate medici­nae sic in praemissis delinquentium, per Fines, Amercia­menta, Imprisonamenta corporum suorum & per alias vias rationabiles & congruas exequatur, as it appears in Rastal, Physicians 8018. 392. So that there are two distinct Clauses.

The first, if any exercise the said faculty by the space of a month without admission by the President, &c. he shall forfeit a hundred shillings for every month; be that good or ill, it is not material, the time is here onely material; for if he exercise it for such a time, he shall forfeit as aforesaid.

The second Clause is, that the President, &c. shall have Scrutinium Medicorum, &c. & punitionem eo­rum pro delictis suis in non bene faciendo, utendo & exequendo, &c. And for that the President and the College may commit any delinquent to Prison: And this he concluded upon the words of the Statute; and he agreed with Walmesly, that the King hath had extraordinary care of the health of his Subjects; Et Rex censetur habere omnes Artes in scrinio Pectoris, and he hath here pursued the course of the best Phy­sicians, that is, Removens & promovens, removens [Page 216] improbos illos qui nullius bonae conscientiae fiduciâ pro­fitebuntur, & audaces, & promovens ad sanitatem▪ And for that the Physician ought to be profound, grave, discréet, grounded in learning, and soundly studied, and from him cometh the Medicine which is removens & promovens.

And it is an old Rule, that a man ought to take care, that he do not commit his Soul to a young Divine, his body to a young Physician, and his goods or other estate to a young Lawyer, for In Ju­vene Theologo est Conscientiae detrimentum, in Juvene Legislatore bursi decrementum, & in Juvene Medico Coemeterii incrementum; for in these cannot be the privity, discretion, and profound learning which is in the aged: And he denied that the College of Physi­cians is to be compared to the Vniversity, for it is subordinate to that, Cantabrigia est Academia nostra nobilissima, totius Regni oculus & sol, ubi humani­tas & doctrina simul sluunt: But he said, when he names Cambridge, he doth not exclude Oxford, but placeth them in equal rank: But he would always name Cambridge first, for that was his mother: And he saith, that there is not any time, pro non bene faciendo, utendo & exequendo, for this non suscipit magis & minus. for so a man may grievously offend in one day, and therefore in such a Case, his punish­ment shall be by Fines, Amerciaments, Imprison­ments of their Bodies and other ways, &c. But if they practise well, though it be an offence against the Letters Patents and the Statute, yet the punish­ment shall be but pecuniary, and he shall not be im­prisoned; for if he offend the body of a man, it is rea­son that his body shall be punished, for Eodem modo quo quis delinquit, eodem punietur; but if a grave [Page 217] and learned Doctor or other, come and practise well in London by the space of thrée wéeks and then departs, he is not punishable by the said College, though it be without admission, for peradventure such a one is bet­ter acquainted with the nature and disposition of my body, and for that more fit to cure any Malady in that than another which is admitted by the College; and he said, that it was absurd to punish such a one, for he may practise in such manner in despite of the College; for all the Lords and Nobles of the Realm, which have their private Physicians, which have ac­quaintance with their bodies, repair to this City, and to exclude those of using their advice, were a hard and absurd exposition, for the old verse is, Corporis auxilium Medico committe sodali: And also he said, that the said President and College cannot commit any Physician which exerciseth the said faculty without admission for the space of a Month, nor bring their Acti­on before themselves, nor levy that by any other way or means; But ought to have their action, or exhibite an Information upon the Statute, as it ap­pears by the Book of Entries; for they ought to pur­sue their power which is given to them by the Sta­tute; for otherwise the penalty being given, the one Moiety to them, and the other to the King, they shall be Iudges in propria causa, and shall be Summoners, Sheriffs, Iudges and parties also; which is absurd. For if the King grant to one by his Letters Patents under the great Seal, that he may hold Plea, al­though he be a party, and if the King doth not ap­point another Iudge than the Grantée which is Party, the Grant is void, though it be confirmed by Par­liament, as it appears by 8 H. 6. 44 Ed. 3. The Abbot of Reading's Case; for it is said by Herle in [Page 218] 8 Ed. 3. 30. Tregor's Case, that if any Statutes are made against Law and Right, they are null; and so are these, which make any man Iudge in his own Cause; and so in 27 H. 6. Fitz. Annuity 41. that the Statute of Carlisle will, that the Order of Cistertians and Augustines, which have Covent and Common Seal, that the Common Seal shall be in kéeping of the Prior, which is under the Abbot, and four others which are the most Sages of the house, and that any Déed sealed with the Common Seal which is not so in kéeping shall be void; and the opinion of the Court was, that this is a void Statute, for it is imperti­nent to be observed, seeing when the Seal is in their kéeping, the Abbot cannot Seal any thing with it, and when it is in the hands of the Abbot, it is out of their kéeping, ipso facto: And if the Statute shall be observed, every Common seal shall be defeated by one simple surmise, which cannot be tried: and for that, the Statute was adjudged void and repugnant. And so the Statute of Gloucester which gives Cessa­vit after the Cesser by two years to be brought by the Lessor himself, was a good and equitable Statute: But the Statute of Westminster 2. Chap. 3. which gives Cessavit to the Heir for Cesser in time of his Ancestor, was judged an unreasonable Statute in 33 Ed. 3. for that the Heir cannot have the Arreara­ges due in the time of his father, according to the Statute of Gloucester, and for that it shall be void. And also the Physicians of the College could not punish any by Fine, and also by Imprisonment; for no man ought to be twice punished for one offence. And the Statute of 1 Mariae doth not give any power to them to commit for any offence which was no offence within the first Statutes, and therefore he [Page 219] ought not to be committed by the said Statute of 1 Mariae: But admitting that they may commit, yet they have mistaken it; for they demand the whole hundred shillings, and one half of that belongs to the King: And also they ought to commit him forthwith, as well as Auditors which have authority by Parlia­ment, to commit him that is found in Arrearages: But if they do not commit him forthwith, they can­not commit him afterward, as it appears by 27 H. 6. 9. So two Iustices of the Peace may view a force and make a Record of it, and commit the offenders to Prison, but this ought to be in flagranti Oriente: And if he do not commit those immediately upon the View, he cannot commit them afterwards. And the Physicians have no Court, but if they have, yet they ought to make a Record of their commitment, for so was every Court of Iustice to doe: But they have not made any Record of it. And Auditors and Iustices of Peace ought to make Records, as it ap­pears by the Book of Entries. So that admitting that they may commit, yet they ought to doe it forth­with; But in this case they cannot commit till the party shall be delivered by them, for this is against Law and Iustice; and no Subject may do it, but till he be delivered by due course of Law; for the Com­mitment is not absolute, but the cause of it is tra­versable, and for that ought to Iustify for special cause. For if the Bishop returns, that he refuses a Clerk for that he is Schismaticus inveteratus, this is not good, but he ought to return the particular mat­ter, so that the Court may adjudge of that: Though it be a matter of Divinity, and out of their science, yet they by conference may be informed of it; and so of Physick. And they cannot make any [Page 220] new Laws, but such onely which are for the better government of the old. And also he said plainly, that it appears by the Statute of 1 Mariae, That the former Statutes shall not be taken by Equi­ty, for by these the President and Commons have power to commit a delinquent to Prison; and this shall be intended, if they shall be taken by Equity, that every Gaoler ought to receive him which is so committed: But when it is provided by 1 Mariae, specially, that every Gaoler shall receive such Offenders; by this it appears, That the former Statute shall not be taken in Equity: And so he concluded, that Iudgment shall be en­tred for the Plaintiff, which was done accor­dingly.

College of Physicians versus Butler. Sir William Jones's Reports, p. 261.

THe President of the College and Comminal­ty of the faculty of Physick London brought debt against one George Butler: The Writ was, quòd reddat Domino Regi & Praesidenti Collegii ac Comminal' facultat' Medicor' London, Qui tam pro Domino Rege quàm pro seipso sequitur 60. li. quas eis debet. And the Declaration was in the name of the said President by the said name, qui tam pro Domino Rege quàm pro seipso sequitur, &c. which contained the Charter of H. 8. made Anno Regni sui 10. and confirmed by Act of Parliament Anno Regni sui 14. as it is contained in the Statute of 14 H. 8. and that the said Defendant minimè ponderans the said Statute or the Penalty thereof, exercised the faculty of Physick in London (although he was not admit­ted so to do by the President and the College or Comminalty of the faculty of Physick London) by the space of 12 months before the said Action brought, per quod actio accrevit eidem Domino Regi & dicto Praesidenti qui tam pro dicto Domino Rege quam pro seipso sequitur, &c. ad exigend' & habend' of the said Defendant pro dicto Domino Rege & eodem Praesidente & Colleg' praedict' 60 li. videlicet 5 li. pro quolibet mense praedict' 12 Mensium praedict'. Tamen Desendens praedicto Domino Regi & Praesidenti non reddidit; unde the said President said, that he was damnified to the value of 100 li.

[Page 222] The Defendant pleaded the Statute of 34 H. 8. whereby liberty is given to every one of the Kings Subjects that hath knowledge and experience of the nature of Herbs, Roots, Waters, or the ope­ration of them by speculation or practice, to exercise, apply and administer to any external ulcer, wound, apostumation, outward tumor sive morbo alicui alio any Herb, Ointment, Bath, Pultess or Plaster ac­cording to the experience and science of the said disea­ses or other Maladies eisdem consimil. or Potion pro calculo, Strangury, vel febr. without any im­pediment, any Statute or other thing to the contra­ry. And saith, that he was a Subject, and having experience and science by speculation and practice in the nature of Herbs, Roots and Waters, applied and ministred to divers of the Kings subjects Herbs, Ointment, Bath, Pultess, Plasters and Potion to Vlcers, Diseases, Maladies, Strangury and Ague, & talibus aliis morbis illis consimilibus, prout ei bene licuit. And to the residue pleaded Not guilty. The Plaintiff replied to the first Plea and pleaded the Sta­tute of 1 Mariae whereby the said Charter and the said Act of 14 H. 8. was confirmed in the whole. Whereupon the Defendant demurred and shewed for cause of Demurrer, that the Replication was a de­parture from the Declaration. And upon Argument in the Common Pleas Iudgment was given by the opinion of all the Iudges for the Plaintiff: and there­upon Error was brought in the Kings Bench. Two Errors were assigned; the one was the departure, the second was, because that the Writ was in the name of the King and the President, and the Declaration was in the name of the Informer also. And after ar­gument at the Bar by Council on both sides, the [Page 223] Iudges delivered their opinions. The Chief Iustice began, and then Jones, Whitlock and Crook. They all said, that Iudgment ought to be affirmed. First, they agréed, that the Writ and Declaration were good: and although some Precedents be, that upon a penal Law the Writ be to answer the Informer qui tam pro seipso quàm pro Domino Rege sequitur; Yet they thought that the most proper and better way of a Writ was to answer the King and Informer; for the debt was gi­ven to them by moieties; therefore it is not so proper to demand all for the Informer, and yet to have a se­veral judgment for the King and the Informer for the moieties: and so is Partridge and Crokers case in the Comment. But when it is by information, there it shall be that the Informer informs for the King and himself. Another exception was taken to the Writ, because it is in the name of the President and not of the College also; And also it was contrary in the end of the Declaration, where it is said unde actio accre­vit to the said King and President for to have 60 li. of the Defendant: For the King one Moiety, and for the President and College the other Moiety. But it was adjudged by the Court, that notwithstanding it was good; for First, although the Incorporation was by the name of President and College, not­withstanding the suite is by the Charter given to the President, and there may be a Corporation by one name, to purchase lands and otherwise, yet it shall sue by another name. 11 E. 1. a Corporation was by the name of Master, Wardens, Brothers and Sisters of Rouncevill, and by the said Patent it is said they should sue by the name of Master and Wardens of Rouncevill. 2. Although that the Action is given by way of suite to the President onely, yet the Recovery and money [Page 224] recovered shall be to the President and College; therefore the Conclusion for to have the money to the President and College was held good. The 3. point was resolved, that the Plea in Bar was not good; for the liberty given is disjunctive for outward medi­cines to use Plasters, Oyntment, Bathes, &c. and for 3 diseases (to wit) the Stone, Strangury and Agues onely; yet they jumble all together, that he ministred the Ointments and Potions to all the said Maladies, which cannot be, for he may not admini­ster a Potion unless to the said 3 diseases and no other. 4. It was resolved that it was not any depar­ture, but that the Replication was subsequent and pur­suant to the Declaration. But for the main matter they said nothing (to wit) whether the Statute of 1 Mariae took away the force of the Statute of 34 H. 8. for they gave their Iudgment upon the Bar by reason it was naught; Onely Crook spake to this point, and it séemed to him that the Statute of 34 H. 8. is not re­pealed or avoided by 1 Mariae.

Butler versus the President of the College of Physicians, Pasch. 7 Car. 1. Rot. 519. Crooke's Reports 3 part, p. 256.

ERror of a Judgment upon a Demurrer in the Com­mon Bench. The first Error assigned was, Be­cause Term. Trin. ann. 8 Car. 1. in B. R. the Record was Ad respondendum Domino Re­gi & Praesidenti Collegii, &c. Qui tam pro Domino Rege, quàm pro seipso sequitur, quòd reddat eis Sexa­ginta libras; unde idem Praesidens qui tam, &c. dicit▪ &c. Whereas the Action ought to have béen brought by the President onely qui tam, &c. and not by the King and President, &c. Sed non allocatur; For be­ing an Original Writ, the Writ is most often so, and sometimes the other way. And they conceived it good both ways. But Informations are always, that the party qui tam for the King quàm pro seipso sequi­tur, &c. Vide Plowd. 77. New book of Entries 160. Old Book of Entries, 143. 373. The second Error was, that the Replication was a departure from the Count; for the Count sets forth, That King Henry the Eighth anno decimo regni sui incorporavit (& per le Statut. of decimo quarto Henrici octavi confirma­vit) the College of Physicians by the name of the President, &c. that no man should practise Physick in London, or within seven miles, without licence un­der the Seal of the College, upon the Penalty of 5 li. for every month that he so practised, the one moiety unto the King, the other unto the President of the College, to the use of the said College. And for that the Defendant not being allowed, &c. [Page 226] had practised Physick for twelve months in London, the said Action was brought, &c. The Defendant pleads the Statute of trices [...]mo quarto Henrici Octa­vi, cap. 8. That every one who hath science and expe­rience of the nature of Herbs, Roots and Waters, or of the operation of the same by speculation or prac­tice, may minister or apply in and to any outward Sore, Vncome, Wound, Aposthumations, outward swelling or disease, any Herb, Oyntments, Baths, Pultess, or Emplasters, according to their cunning, experience and knowledge, &c. or drink for the Stone and Strangury, or Agues, in any part of the Realm, without suite, vexation, &c. any Act or Statute to the contrary notwithstanding. And that he having skill in the nature of Herbs, Roots, and Waters by speculation and practice, applied to persons requiring his skill, Herbs, Oyntments, Baths, Drinks, &c. to their Sores, Vncomes, Wounds, and for the Stone and Strangury or Agues, and to all other diseases in the said Statute mentioned, prout ei bene licuit. Et quoad aliquam aliam practisationem seu fa­cultatem medicinae aliter vel alio modo, quòd non est culpabilis. Et de hoc ponit, &c. And makes his averment, Et hoc paratus est verificare. The Plain­tiff replies and shews the Statute of primo Mariae ca­pite nono, which confirms the Charter of Decimo Henrici octavi, and the Statute of Decimo quarto Henrici octavi, and appoints, that it shall be in force notwithstanding any Statute or Ordinance to the contrary. And upon this it was demurred, be­cause it is a departure; for it intitles him by another Act, viz. the Statute of primo Mariae, which is not mentioned in the Count: and therefore 'twas assigned for Error. But all the Court here conceived, That [Page 227] it is no departure, because it fortifies the Count, and is as to revive the Statute of decimo quarto Henrici octavi, if it were repealed in this particular by the Statute of tricesimo quarto Henrici octavi: And for that the Case of Woodhead was shewn to the Court, Mich. 42 & 43 Eliz. rot. 397. where the President of the College of All-Souls brings an action upon the Case for taking Toll in—, and shews a Charter of vicesimo sexto Henrici sexti to be discharged of Toll; The Defendant pleaded the Act of Resumpti­on of Liberties granted by Henry the sixth, made—, and so the liberty gone. The Plaintiff pleaded a re­viver of them by the Statute of quarto Henrici septi­mi: And it was held to be no departure, but as it were a confession and avoiding. The third and prin­cipal Error assigned was, if the Statute of tricesimo quarto Henrici octavi be not repealed by the Statute of primo Mariae; and if not, Whether the Defendant hath made a sufficient Iustification? And Quoad that, whether the said Statute be repealed, the Court was not resolved. But Richardson Chief Iustice con­ceived it was repealed by primo Mariae, by the gene­ral words, any Act or Statute to the contrary of the Act of decimo quarto Henrici octavi, notwithstanding. But I conceived, that the Act of tricesimo quarto Henrici octavi, not mentioning the Statute of deci­mo quarto Henrici octavi, was for Physicians; but the part of the Act of tricesimo quarto Henrici octavi was concerning Chirurgeons and their ap­plying outward Medicines to outward Sores and Diseases; And drinks onely for the Stone, Stran­gullion, and Ague; That Statute was never in­tended to be taken away by the Act of primo Ma­riae. But to this point Jones and Whitlock would [Page 228] not deliver their opinions. But admitting, the Statute of tricesimo quarto Henrici octavi be in force, yet they all resolved, the Defendants Plea was naught, and not warranted by the Statute; For he pleads, That he applied and ministred Me­dicines, Plasters, Drinks, Ulceribus, Morbis, & Maladiis, Calculo, Strangurio, Febribus, & aliis in Statuto mentionatis; so he leaves out the princi­pal word in the Statute (Externis) and doth not refer and shew, That he ministred Potions for the Stone, Strangullion, or Ague, as the Sta­tute appoints, to these thrée Diseases onely, and to no other. And by his Plea his Potions may be mi­nistred to any other sickness: Wherefore they all held his Plea was naught for this cause, and that Iudg­ment was well given against him; Whereupon Iudg­ment was affirmed.

The President and College of Physicians against John Butler, Entred Pasch. 4. Ca­roli cum Brownlow.

THe President and College of Physicians for themselves and for the King Complain against Littleton's re­ports p. 168. Mich. 4 Car. John Butler by Information, and demand 60 li. and declare that H. 8. 34 September in the 14 year of his Reign, incorporated them by the name of President and College and Comminalty of the faculty of Phy­sicians in London, and granted to them several privi­leges, &c. and recite their Patent and confirmation thereof by 14 H. 8. cap. 5. because the Defendant with­out licence did practise 11 Months contrary to the Statute.

The Defendant pleaded in Bar, and recited the Statute of 34 H. 8. cap. 8. which enacts, that any per­son having knowledge and experience of the nature of Herbs, Roots and Waters, or of the operation of the same by speculation or practice, &c. may practise, use and administer in and to any outward Sore, &c. any Herb, Oyntment, Bath, &c. according to their cun­ning in any of the Diseases, Sores and Maladies aforesaid, and all other like the same, and drinks for the Stone, Strangury, or Agues. And that he for the space of 30 years had experience of the nature of Herbs, &c. and so according to the Statute. And as to any practice aliter vel alio modo, Non Culpabilis. Vpon which Issue was taken. But to the instituti­on upon the Statute, the Plaintiff replies, that it was enacted 1 Mariae cap. 9. that the Statute of [Page 230] 14 H. 8. with every Article and Clause therein shall stand and continue still in full strength, force and vir­tue, Any Act, Statute, &c. made to the contrary notwithstanding. And upon this the Defendant de­murred, and assigned for Cause, that the Replication was a departure.

Henden for the Defendant, and he argued 3 points. First, that the Statute of 34 H. 8. stands good not­withstanding the Statute of 1 Mariae, and is not taken away thereby, but is still in as good force as if the Statute 1 Mariae had never béen made. By the Let­ter of 1 Mariae it is plain, that it was but a Confir­mation of the 14 H. 8. for it approves and ratifies the same, and then the 34 is not touched thereby. And he cited the Countess of Leicester's Case in Plow. Com. A man is attainted of Treason, which is con­firmed by Parliament; this Confirmation does not repeal any thing done after the Attainder. 2. This Statute of 14 H. 8. doth not extend to the practice Stat. 14 H. 8. cap. 5. Stat. 34 H. 8. cap. 8. Stat. 3 H. 8. cap. 11. 1 Mariae c. 9. of Physick limited by the 34 H. 8. But this is left at large out of 14 H. 8. which he proves first upon the reason and ground upon which the 34 H. 8. was made, and this was not to meddle with the 14 H. 8. cap. 5. but to repeal 3 H. 8. cap. 11. which Statute provides generally for the practice of Physick and Surgery; for any part of Surgery may attend upon Phy­sick; and that none may practise there without allow­ance of the Bishop of London calling to him 4 Doctors. Now the Statute of 14 H. 8. repeals this in three main points as to the practice of Physick, but doth not meddle with Surgery or external applica­tions. Then follows the Statute of 34 H. 8. and pre­scribes a form to them, to which the 14 doth not extend, to wit, by outward applications. 2. Because that [Page 231] the Statute of 34 recites the Stat. of 3 H. 8. where­by power was given as aforesaid, and repeals it; Stat. 34 H. 8. Stat. 3 H. 8. then if the Statute 34 intended that this was within 14, it might have repealed this as well as the Sta­tute 3. But because that Surgery was clearly out of the Statute of 14. it repeals the 3 H. 8. and al­lows 14. 3. The mischief repealed by the 34. for what end was it made? It repeals no misdemeanors of Physick, but of Surgeons which out of Covetouf­ness restrain all persons which may apply outward Medicines, and so abuse the privilege given to them: so that 34. saith, that every person may apply outward Medicines, such as require not an Apothecary, as for the Stone, Strangury, &c. so that the 14 extends to Physick made by Apothecaries. 4. If this were within the 14. there is a branch within 34 that repeals 14. to this purpose, Any other Act to the contrary notwithstanding. But he conceived the 14. doth not extend to the Statute of 3. because it repeals this ex­presly, Stat. 3 H. 8. and for suretiship sake all others.

Secundo, Admit the Statute of 1 Mariae take away Pleading. Departure. the practice of Physick given by 34 H. 8. then the re­plication is a departure. 14 H. 8. gives pain and forfeiture against every one who, &c. 34. enlargeth the liberty of practising of Physick in certain cases; 1 Mariae takes away 34. and maintains 14 H. 8. But 1 Mariae ought to have béen contained within the De­claration upon these reasons.

1. The Letters Patents to the College with­out Patents. Free Trade. the Aid and Confirmation of the Act of Par­liament had béen void; and he cited 11 Rep. Taylor of Ipswich Case, Every graunt that restrains frée trade or exercise of a faculty is void. And Mich. 3 Jac. rot. 438. B. R. Langton's Case was adjudged accor­dingly, [Page 232] that the Letters Patents without the Act of Parliament shall be void. If the 14 H. 8. then had béen repealed, and 1 Mariae had revived it, the Infor­mation ought to be exhibited upon 1 Mariae, because that it is a new Law, or it shall be a departure.

2. Whatsoever is alledged in the Replication by the Plaintiff which is new matter, and hath not béen alle­ged in the declaration, is a departure: and the same reason of the Bar and Rejoynder. But the Statute of 1 Mariae, if it extends to reviving, is new mat­ter. Dyer 167. Debt upon obligation, and the De­fendant pleads a Release, &c. see the Case, Ass. pl. 86. Trespass for Battery alleged to be done 17 E. 3. The Defendant pleads a Release; the Plaintiff re­plies, it was by Dures, this is a Departure: which is our Case in effect, for here is new matter. And Fulmerston's and Steward's Case Pl. Com. 105. b. in Trespass, the Defendant pleaded a release by the Ab­bot for 50 years, the Plaintiff replied and shewed the Stat. of 31 H. 8. which enacts, that all such Lands shall be in the same condition as they then were before the other part of the Statute which makes Releases good for 21 years, and so relies upon that; this is a departure, 6 H. 7. 8. If the Replication inforce the declaration, it is not a departure; but if it contain new matter, it is a departure.

3. The body of the Information is likewise insuf­ficient, and cannot lie in this Court; for the Let­ters Penal Statute. Informati­on. Courts. Patents give the forfeiture of 5 li. for a Month for practising without licence, and do not limit where the action shall be brought to recover it, nor the Court where the suit shall be; and therefore one may sue in any Court, 6 Eliz. Dyer 36. cited in the 6 Rep. Gregorie's Case, If it be in any Court of Record, it shall be in­tended [Page 233] of the Courts at Westminster; but if it be left at large, then they may sue in any Court. And the same diversity is taken in Kelloway, 3 H. 8. as it is there Cited: If one may sue in another Court, then as before Iustices of Oyer and Terminer or Iustices of Assize. The Stat. 21 Jac. cap. 4. which limits and confines all Actions and Informations upon Penal Statutes, which before 21 Jac. might have béen be­fore Quarter Sess. 21 Jac. c. 4. Informations Iustices of Assize, of Oyer and Terminer, &c. shall afterwards be brought onely within the proper County. And although divers Informations have béen brought by the College of Physicians upon this Statute, yet they were before the Statute of 21 Jac. But I do not deny, if the offence had béen done in Middlesex, that then the Information might be here, notwithstanding the Statute 21 Jac. as in 5 Jac. Beane and Dedges Case; or by the 21 Eliz. cap. 5. it is enacted, that any Action to be sued upon the Stat. 5 Eliz. cap. 4. for using any Art or Mystery in which the party hath not béen brought up, &c. shall be sued and prosecuted in the General Sessions or Assize of the same County where the offence shall be committed; If such offence be committed in Middlesex, the suite may be in the Courts at Westminster, for the intent was onely to limit the County, and not such Courts. And so he prayed Iudgment for the Defendant.

Bramston contra, for the Plaintiff. And as to the Information. Forfeiture to the Royal Court. last exception, that the Information doth not lie in this Court, he answered, that it cannot be before Iustices of Oyer and Terminer, nor ever was so. For although the words do not limit this at West­minster, yet there is another thing in the case that limits this. And this ground is also in Gregories [Page 234] Case, and that is, that the King ought to have Moie­ty of the forfeiture, and therefore it ought to be where the King's Attorney may better attend. 2. This is not an Action popular, but given onely to the College, Action popu­lar. Information. Stat. 14 H. 8. c. 5. and it is a debt to them for which they may sue by Ori­ginal. And it was never the meaning of the Statute to put them to sue before Iustices of Oyer and Termi­ner or of Assize; and so revera the Statute speaks onely of popular Actions upon penal Laws, and such which Informers may have. But before he came to matter in Law, he took exceptions to the Barr; for if it was insufficient and no Barr to the Declaration, then if it were admitted that the Replication is bad, yet the declaration being good, the Plaintiff shall have Iudgment thereupon. Butler pleaded 34 H. 8. to enable him to practise, but when he declares what manner of practice he used, he hath excéeded the li­cence of this Statute by his own Confession, and sheweth such practice as is within the 14 H. 8. The words of the 34 be, That he may minister to any outward Sore or Swelling or any the like, &c. and that he may give drinks for the Stone, Strangury and Agues. Butler shewed that he had experience in Herbs, and that he gave Oyntments, Plasters, Poultesses and Potions to Sores, Maladies, the Surgery. Stat. 34 H. 8. c. 8. Potions. Stone, Strangury, Fevers, and such like. Poti­ons by the 34 be restrained to 3 Cases. But he con­fesseth that he gave them not onely in those 3 Cases, but in others, and the party was afflicted with out­ward Sores. Stone, Strangury and Agues were common known diseases; But others, as outward Sores, may be with inward distempers more dange­rous, wherewith he ought not to meddle. And he ought to have pleaded in another manner also, for he [Page 235] saith, Diseases, Fevers, and such like, and the words such like ought to refer to outward Sores, not to other diseases. And he sheweth that he gave Potions, and this ought to have béen with an Anglicè drinks; as with Carduus Benedictus, Century Possett. But the Statute doth not allow Potions. Also the word is Agues, and he saith Fevers, and there is a great difference betwéen Agues and Fevers; Agues have intermission, Fevers none: and a Fever may so inféeble a man, that it is not fit that such as But­ler give him Physick: But he ought to have said Febribus Anglicè Agues. And then if the Plaintiff hath made a good declaration and the Defendant an insufficient barr, if the Plaintiff upon his replication destroy his declaration, he shall not have Iudgment. But if the barr be insufficient and the replication onely vain and idle, he shall have Iudgment upon his de­claration. 8 Rep. Dr. Bonham's Case, the main point adjudged: And 6 Rep. Francis Case, the difference is taken, where the replication was not well, and made bad as to matter in Law. It was said 34 H. 8. doth not meddle with the 14 H. 8. And it is plain, that the 34 H. 8. did not intend to meddle but with Surgeons; for it recites the mischief of their cove­tousness; and therefore it appeareth that it was not the meaning of the Statute to take any thing from the Physicians. But the purview of the Statute 34. meddles with the 14 H. 8. that was a cause of 1 Mariae; for if credit may be given to Mr. Butler, it gives liberty to every one that hath skill in Herbs to minister Potions. Outward applications appertain to Surgeons, but the giving of Potions appertain to Physicians; for Potions plainly be Physick; and then 34. takes therefrom [Page 236] that which was given to the College by the 14 H. 8. and if it be permitted that they may give Potions for the Stone, &c. all the abuses before remedied shall be restored. This being in the purview of 34 H. 8. 1 Mariae was made, and repeals all that the 34 H. 8. hath taken away from 14 H. 8. And I do agrée, if two Statutes be made in the affirmative, and the Stat. repeal. latter controll the former, such construction shall be made that both may stand. But if the last be Nega­tive, either in words or intention, the former shall be repealed. And here be such words that it is not possible that the other should stand. 1 Mariae the words be, that it confirms 14 H. 8. so that it Stat. 34 H. 8. cap. 8. Stat. 1 Mariae. shall be in force in every Clause. And it is all one as if the words of 14 H. 8. had béen contained within this Stat. 1 Mariae. And then how can the 14. and 34. stand together? Also the very purpose of this Stat. 1 Mariae is to repeal 34 H. 8. For the rule, Dyer 347. is, that when 2 Statutes be, and one séems to cross the other in substance, and no Clause de non obstante in the latter, exposition shall be made so as both may stand together if it may be. But here is such a Clause, notwithstanding any Statute, &c. and the pur­pose is apparent to repeal the 34 H. 8. in that part which giveth liberty to unskilfull ignorant persons to practise Physick. And 1 Mariae doth stand upon 2 parts: 1. It is a confirmation of 14 H. 8. 2. It gives the College further privilege; And this part of the Statute were vain and idle, if 34 H. 8. as to Phy­sick were not repealed; and some such thing was in the minds of the makers of 1 Mariae when they say, any Statute to the contrary notwithstanding; and there is not any Stat. after the 14. that impeaches this, but the Stat. of 34.

[Page 237] 2. It cannot be any departure here. And I agrée the reasons before; But the replication here main­tains Pleading. Replication. Departure. Novel mat­ter. the title in the declaration, and is no new mat­ter; and if it were, yet it is raised by the barr, and then it ought to be allowed in the replication. For the Statute of 14 H. 8. being good untill 34. then the Stat. 1 Mariae restores and maintains 14 H. 8. 21 H. 7. 18. A Feoffment was pleaded in barr, the Plaintiff shews that he that made the Feoffment was within Age; the Defendant rejoyns, that there was a custome that Infants of such an age there, might make Feoffments; and no departure. And so it is in our case.

3. In all Cases if the matter be new, if it inforce and pursue the declaration, it may be in the replica­tion, and so we should have shewed the Stat. 1 Mariae in our Declaration, and by the same reason we should have shewed the Stat. 34 H. 8. but the Action is for practising of Physick generally; and when the other justifies a special practice and traverses the general practice, then was the proper and fit time to shew the Statute of 1 Mariae which repeals the Stat. 34 H. 8. upon which the justification is made. And Trin. 6 Jac. B. R. which was Commenced Mich. 3 Jac. rot. 458. Langton and Gardiner's Case, this very point of the departure was debated by the Iustices, and resolved no departure; for there the case was the same as ours. But it was not shewed for cause of Demur­rer, &c. the departure, for it is not necessary, in­asmuch as the Stat. of 37 Eliz. Cap. 5. excepts popu­lar Stat. 37 Eliz. cap. 5. actions, and all suites upon penal Statutes. Et adjorn'.

[Page 238] THe same Term it was afterwards argued by Hedley for the Defendant, That all these 3 Statutes may well stand together by reasonable Lit. rep. 212. Construction. Leges posteriores priores contrarias abrogant. But the averment ought to be there upon contrarias. But otherwise if upon reasonable con­struction they may stand, they ought; and this con­trariety ought to be in matter, not in special words; general words cannot repeal particular. For gene­ral and particular cannot be contrary. Statutes ought to be expounded by the meaning which ought to be found out partly by the words, partly by the mis­chief they intend to remedy. First where the Stat. 14. by these words facultates medicinae includes Chi­rurgery: Exposition of the word Medicina. Stat. 14 H. 8. and it séems that this word Medicina in­cludes external medicines as well as internal. 3 H. 8. cap. 11. this was made for Physick and for Surge­ry, to remedy all abuses in them, and the examinati­on Stat. 3 H. 8. cap. 11. of them that shall be permitted to practice, was done by the Bishop who was Physician for the Soul; And they conceived that he would have more care of the body. Afterwards came the Statute of 14 H. 8. which doth not repeal this Statute in express words, but yet in meaning is contrary; But they may stand together by Construction: For the first is, that he shall not practise without licence of the Bishop; the second that he cannot practise without licence of the College; and therefore ought to have licence of both. But this was never the meaning of 34 H. 8. there it is taken that Chirurgery was not within the Stat. 14 H. 8. but there it is outward Medicines, which prove Medicina to include Surgery. In this Statute they perceived that those persons licensed did much hurt, for licentiâ [Page 239] sumus deteriores, and that they were as Butchers in Lent which be licensed, that sell the worst and dearest meat; and for this intent for such diseases where the cause was well known, they might practise to do more than contemplation; this Stat. gives licence for such diseases. After comes the Stat. 1 M. which never intended to repeal 34 H. 8. and restore licen­ces; But the Statute was made to give the College more privilege than they had by the Stat. 14. seil. that they might commit without Bail or Mainprize. But it recites 14. and confirms the same; but they never intended to repeal 14. And they confirmed their liberties, such as were in force, and the 34. is but an exposition of 14. And although 1 Mariae confirm 14. and all Articles, Clauses, &c. yet it ought to be in­tended all Clauses in force. The Statute of main­tenance recites that all former Statutes now in force shall be put in execution: And if those words now in force were not there, yet shall it be so expounded. 4 E. 3. 3 & 4. there were divers Statutes concern­ing imposition upon Wine, and there the Iudges agréed that they ought so to expound them that they may stand, no non obstante being. But it is objected that there is a non obstante. I confess there is a general non obstante, any Law whatsoever, &c. But it ought to be a special non obstante to repeal. The Stat. 1 Eliz. was made for the Leases of Bishops; after the 13 Eliz. doth not take away 1 Eliz. and yet there is a general non obstante, and the Bishop is included amongst Ecclesiastical persons. The Marquess of Winchester's Case, A man Attainted by Parliament, and that he shall forfeit all his Lands, notwithstanding all Statutes to the contrary; yet the force of the Statute de donis is not taken away [Page 240] by the non obstante. But after the Statute 26 H. 8. that all inheritances shall be forfeited notwithstanding any Law, &c. yet the force of the Common Law is not taken away, for a right of action is not by this forfeited. Co. 6. Gregorie's Case, This general Law doth not repeal a particular Law for Weavers, which is a stronger Case than this of ours. 21 Jac. Stat. made for Bankrupts, recites that all Statutes con­cerning Bankrupts shall be put in execution; it ought to be intended, all Statutes that were then in force, and not those which be repealed; and the con­firmation of a thing which is void, is void. And therefore such part of 14. which was made void by 34. cannot be confirmed.

As to the exception to the Barr, the Barr in sub­stance is good, although he might have pleaded Not Guilty, yet he may plead the special matter, and it concludes absque hoc that he is guilty aliter vel alio modo; he hath not justified more than the Statute warrants; for thereby he administred drinks, and in Latine it cannot be otherwise translated than by the word Potiones.

2. The word in the Statute is Agues, and he justi­fies Febribus: and although that Febris comprehend both, &c. yet there is no other particular word, that signifies Ague, wherefore it is well.

As for the departure, admit 34. is repealed, then 1 Mariae ought to be mentioned in the declaration. As if a Statute be made for 7 years, and after by another Act it is made perpetual, the declaration ought to be upon the last Statute; And this is not properly a departure, for a departure is to be a barr, but this is no Cause of Action in the declaration; and it is not like to the Case 21 H. 7. 18.

[Page 241] 3. For the lying of the Information, it is within the letter and the meaning of 21 Jac.

It was objected that the words in the Statute be all actions which a Common Informer may have; Al­though the words séem to import so, yet there be words after, which make this plain, by any person whatso­ever; then it is within the meaning; for it was made for the ease of the subject; and all the Physicians in England ought to be examined and approved by the Col­lege at London.

Finch Recorder. 1 Mariae hath altered 34 H. 8. in part; for we labour only for part; so that 14. is in force as it was at first in every branch thereof, not­withstanding 34 H. 8. for 1 Mariae restored this, and that which the 14. gives is Medicines, not as it is generally to be intended, and so to include Chirurge­ry, but all that was proper to Physicians. 34 H. 8. although it allow men to give Medicines, yet it is at their perils; for if a man die under their hands, it is as it was at Common Law. By the Statute of 34. to repeal all of 14. which was contrary to 34. which does not in the least name the 14. yet it is re­pealed for so much as concerns Agues, &c. The Sta­tute of 33 H. 8. for trial of Treason is repealed. And after by 1 Mariae our Case is a far stronger Case, that every Clause shall be in force, notwithstanding any Statute, &c. these words ought not to be void if by construction they may be made to stand, and no Statute withstands this Statute but 34 H. 8. and therefore all which this Statute takes away ought to be restored. He confessed the case put of Confirma­tion of 32 H. 8. Statute of Wills, that this doth not take away the Stat. of 34. for it is but an expla­nation, and one being confirmed the other is con­firmed. And it is plain that the 13 Eliz, doth not [Page 242] take away 1 Eliz. for it was in the affirmative, and commenced after, and therefore it is expounded not to extend to the Bishop; As the Statute of contra formam collationis doth not include the Bishop as it was there adjudged. And he cited Langton's Case, where this point which is the point of departure, was adjudged; and 10 and 11 Eliz. rot. 248. B. R. action by the College versus Eliheus Cornelius, and upon these very points Iudgment was given for the College.

Also the Barr is ill. Allow the Statute of 34. were in force, yet the Iustification is ultra that which the Statute gives; and took the same excepti­on as before.

2. There is a departure, which was so ruled in Langton's Case, and is so in reason. Also this is a proper departure, when a man relinquishes the title upon which he grounds himself, and betakes himself to another; And we have not made a departure, our title is 14 H. 8. which makes good the Letters Pa­tents; then if you repeal the Letters Patents, we ought to repeal the 14 H. 8. and it would be absurd for us to commence with 1 Mariae, for then we ought to have recited all the Statutes. 37 H. 6. 5. 21 H. 7. 25. & 18. If a man avow for rent granted by I. S. the other saith, that I. S. had nothing in the Land at the time of the Grant; the other shews that he was seifed to his use, this is a departure, for his title to the first was by the Common Law; and therefore seeing the Statute was his title, it ought to have béen shew­ed. But in our Case the Statute 1 Mariae is not our title to the action, but onely removes the impedi­ment. 6 H. 7. 8. A condition is pleaded in destructi­on of a Feoffment, and a release pleaded to destroy the condition, and no departure; but the Feoffment stands with a good title. So in our Case Hill. 4 Jac. [Page 243] intrat. H. 3. Jac. Bagshaw versus Gower, Trespass for chasing his Cattle 14 Maii 1 Jac. The Defendant Iustifies as an Estray, and that 16 Maii 1 Jac. he de­livered them. The Plaintiff replies, that 15 Maii he laboured and worked them; upon which the De­fendant demurres: This was no departure, but the working maintained the Trespass done 14. and made him Trespasser ab initio. Mich. 23 & 24 Eliz. C. B. rot. 2297. Pledal and Clark, Trespass for chasing his Cattle in Barkshire, the Defendant justifies damage fezant; the Plaintiff replies, that afterwards he drove them into another County scil. Oxford, &c. and sold them; the Defendant demurred, and the declara­tion was in Barkshire, yet the sale made him a wrong doer ab initio. Where the Replication maintains the title, and onely removes the impediment, it is good. Pasch. Jac. B. R. Action upon the Case, Wood and Hankford, for disturbing him of Toll, and inti­tles himself by Letters Patents of H. 6. The De­fendant pleads 28 H. 6. which restores all Franchises; The Plaintiff replies 4 H. 7. which revives the first Statute; and adjudged no departure: for if he pleadeth the resumption and the reviver, if there were 20, he ought to plead all. Then in our case all is gone, and we know not whether he ought to justifie one kind or other.

3. For the Iurisdiction. This Court is most pro­per for the Informer; and he cited Gregories Case, and said, If the King might elect to sue in what Court he pleased, the Informer might also. But however it is out of the Statute of 21 Jac. The title is, for the ease of the Subject. The preamble, &c. 18 Eliz. cap. 5. there it appeareth that the common Informer ought to inform in proper person; the College was never so, nor cannot; and in common Informa­tion [Page 244] there ought to be the day of the Information, &c. and there is not any day here. 25 Eliz. 12. Knevet informed against Butcher, and afterwards was non­suited, for which the Defendant prayed to have Costs, &c. and there the Plaintiff alledged that he was not a common Informer, insomuch that this was the first Information that he ever exhibited, yet ruled against him; insomuch that it was upon a penal law where every one may have the action. But in our case it is not so, because this is no such Information or In­former within the Statute. 40 Eliz. Agar informs against Cavendish and others upon the Statute of 8 E. 4. for Liveries, which appoints the Information Information. Stat. 8 E. 4. in C. B. B. Reg. and that they may sue as many as they will, and the Exchequer is not named there, but inferiour Courts be, and Iudgment was given for the Informer. But after in a Writ of Error brought it was adjudged, that the Information doth not lie in the Exchequer; but they resolved that the King might have sued there, and therefore the Iudg­ment shall be good to intitle the King to the intire sum forfeited. Richardson said, that it was a hard case to prove the King may sue in any Court; and he cited 14 E. 3. Countess of Kent's case, 40 Ass. 35. the King may sue for Spiritual matters in the Tem­poral Court, as a Legacy, &c. Hill. 36 Eliz. rot. 135. Hammond Informant upon a penal Statute and died, and upon motion by the Attorney General Iudgment was given for one Moiety for the King notwith­standing. And the difference betwixt this and Agar's Case, that in this case the Informer was well intitled to a Moiety, but there not. Statutes which take away Iurisdictions of the Courts at Westminster, ought to be taken strictly. Mich. 44 & 45 Eliz. Buck informs in the Exchequer for transporting of raw [Page 245] hides in Middlesex, which was found to be in another County. And the Statute of 31 Eliz. cap. 5. is, that 31 Eliz. c. 5. in an Information upon a Penal Statute the offence shall not be laid to be done in any other County than where it was done, and that the Defendant may tra­verse and alledge that the offence was committed in another County. And because the Defendant did not plead that the offence in this case was done in another County, it was adjudged for the Plaintiff, and afterwards affirmed in Error, and difference ta­ken where in the pleading it appeareth it was done in another County, and where not. Hill 16 Jac. C. B. rot. 850. Grimston versus Molineux for Recusancy of his wife, and the Question was in the Information there, because the 31 Eliz. Enacts, that the offence given shall be laid in the proper County; and it was ruled that this was out of the Statute, for it is not an offence in doing, but in not doing, in omitting, and not committing; and the information lyeth there for Recusancy, notwithstanding the conceit in Co. cap. de Recusancy. And Mich. 16 Jac. rot. 658. B. R. Presses Case was so resolved, and that the Statute extends onely to Indictment; and so he concluded for the Plaintiff.

PAsch. 5 Car. primi this Case was argued again. Lit. rep. p. 246. Athow for the Defendant. And before his ar­gument he would shew what was Surgery, and what a Surgeon might do. It appeareth by 32 H. 8. that licence of Physick comprehends all Physick; up­on which I collect that 14 H. 8. and the Letters Pa­tents of the College do not extend to Surgery. By those Letters Patents and Statute, all the Physi­cians be a body politick, and if this extends to Sur­gery, [Page 246] then all the Surgeons in London be of the Corporation of the Physicians, which they be not, but a distinct Company, and out of their Iurisdiction and government. And Surgeons for their practice shall not be punished, although they practise without licence. But the said Statute and Patent extend to the learned part of Physick; for the knowledge of Physick is a learned art; and therefore the Statute was made to restrain unlearned men; and there is more learning in judging rightly of the disease than in curing thereof; for sometimes 2 or 3 diseases be in the body at the same time, and that which cureth the one, may increase the other; wherefore there the learning of Physick appears in applying such remedy as may cure both together. But for the exercise of Surgery, knowledge of the Nature of Herbs, &c. is sufficient. It hath béen said, that for outward disea­ses they are allowed; But I answer, that for the Stone and Strangury and Ague there néeds no great skill to discover them, and then the cure of them is more by experience and practice than learning. And I have heard of a Physician, that went 100 miles to know a Medicine for those diseases of an old Wo­man, who had long time experience thereof. And drinks for Agues, Strangury, &c. is Surgery and not Physick properly. And this appeareth by the Statute of 3 H. 8. & 34 H. 8. In 3 H. 8. Physick and Surgery be both joyned together, but in the al­lowance of them, the Bishop ought to call Physi­cians to allow Physicians, but Surgeons to allow Surgeons. Now 34 H. 8. proves, that all that the Defendant hath done is Surgery. There is the reci­tal of the Statute of 3 H. 8. and then it is said that the Company of Surgeons, &c. have troubled and [Page 247] vexed divers, &c. who are indued with the knowledge of ministring to such as be pained with customable diseases, &c. where there is not one word of Physici­ans. Then if Surgeons may do this, the College cannot restrain them, or correct them that do this. Another part of the Statute of 14 H. 8. is, that no person ought to be suffered to practise, but he that is professed, sage, discréet, and learned. It may be said, that under colour of ministring of these drinks to Agues, &c. one may minister them to other disea­ses. Also I confess that an Ague is attending upon sundry great diseases; and for these Agues they can­not give drinks; but to single Agues, that do not ac­company other diseases they may: and of these is our Iustification; and if he hath ministred to others, there is a fair Issue tendered, by which it may be tri­ed. Stone, Strangury and Ague were never with­in the Stat. 14. H. 8. The exposition of the Statute ought to be according to the intent, which is to be collected out of the preamble or body, or other words therein, and sometimes out of the mischief intended to be thereby remedied. Morgan's case Pl. Com. up­on 7 E. 6. is an example above all, where it is ad­judged that this Statute extends only to the Receivers of the King, which is collected out of the Act, and by other words in the Statute, insomuch that the receivers of common persons cannot take any money for receipt, &c. And the mischief was, that no poor men shall have pensions of the King upon the Statute of dissolution of Monasteries. And it would be a great mischief, if they upon non-payment always should complain to the King, which mischief cannot be in case of a common person, because they may distrain for non-payment. So the Statute 34 H. 8. the pre­amble, [Page 248] body and all the words in the Statute be against Chirurgeons. But the exposition 2 E. 4. 18. upon the Statute of Prerogative, and so Statutes of Wills, gives power to devise lands in soccage of any inheritance, and this doth not extend to Lands in Tail, although the Act of explanation had not béen made; but the Iudges would have made the same ex­position, because that Lands in Tail cannot be demi­sable at the Common Law: But they would have expounded, that Lands in Tail ought a third part of them be allotted to descend upon the heirs, because that they may descend. And so if it should be doubtfull whether 14 H. 8. extend to Agues and Strangury, the Statute 34 H. 8. expounds it, that it will not be denied but that Surgeons may cut for the Stone, and if Ague or, &c. break in Vlcers, &c. they may without question cure them; by the same reason they may cure these Diseases inwardly if they can.

1. 14 H. 8. is a particular Statute, and particu­lar Statutes Ge­neral. Particular. Statutes shall not extend much beyond their words; but general Statutes which be for the good of the Commonwealth, shall be construed largely and by equity. 12 E. 4. 20. 1 H. 6. 5. upon the Statute 1 H. 7. there the Statutes construed by equity be general, for the good of the Common-wealth. But this Sta­tute of 14 H. 8. is made for the good of Physicians, that none shall practise but themselves, and it is a particular Statute, and therefore construed strictly, as appeareth by Dr. Bonham's case. Those drinks for the Stone and Agues, &c. be but stilled Waters, or Beer mingled with Herbs, which every one may use in his house, according to receipts; and there­fore be not within the Statute 14 H. 8. And if a Gentleman had such receipts, and made use of them [Page 249] for those diseases, shall he be within this Sta­tute?

2. Admit that these diseases be within 14 H. 8. yet 34 H. 8. takes them out of 14 H. 8. clearly, and for other things the Statute is onely in force, as upon the Statute of 32 H. 8. in Knight's Case, there the Stat. of Marlebridge is taken away, although it be not named, and although the words of 32 H. 8. be in the Affirmative.

3. Vpon the pleading of the Statute 1 Mariae that recites 14 H. 8. it is said, that in this Statute the words of pleading were & continuaret, the word staret being omitted, that which continued in force ought to be in force at the same time, which is but a confirmation of the Statute as it was at the time of the making of 1 Mariae, and the Stat. 14 H. 8. is onely recited, and some new privileges may be added to this confirmation, but cannot be but of a thing which was in esse before. 27 H. 8. 2. An Infant grants an Advowson and at full age confirms it; the confirmation is void, because the grant was void. 21 H 7. 1. 12 E. 4. 59. And the Countess of Leicesters case in the Commentaries. The reason of the recital of 14 H. 8. was for the addition of some new privileges, scil. that Gaolers should not permit prisoners to escape committed by the—which they might do unpunished before: and that all Kée­pers of Prisons in London, except the Lieutenant of the Tower, ought to receive them that shall be committed, which they might have refused be­fore.

2. Being but a confirmation for the greater part, it shall not be a reviver for the lesser part. As if Tenant for life of 20 Acres, grant his estate in one [Page 250] Acre to I. S. and he in Reversion confirm the estate of tenant for life in all the 20 Acres to the Lessée and his heirs, this is a confirmation but of the 19 Acres; and although I. S. attorn, yet his Acre doth not pass by way of Grant of the Reversion, because that he—this confirmation for the greater part. 18 E. 3. 8. Husband tenant for life, and the estate of the husband is confirmed to him and his wife and to their heirs, the wife takes nothing, and yet the husband is the man that ought to attorn, if it would amount to a grant of the Reversion.

3. This Statute of 1 Mariae doth not extend to re­peal 34 H. 8. in any part, because that 34 H. 8. is a general act, and the Iudges ought to take notice thereof: but 1 Mariae is a particular Statute, and therefore doth not repeal the other which is ge­neral, without express words. Vide Holland's case.

For the point of special demurrer, the repli­cation Pleading. Confess and avoid. Traverse. wants form. In all replications you ought to confess and avoid or traverse the barr; here is im­plied an avoidance but no confession thereof. 34 H. 8. 22. 7 H. 6. 2. where there is an avoidance but no con­fession, therefore ill.

Lastly, here is a departure. Stat. de 14 H. 8. re­mains Corporation. Name. in force for all diseases but the Stone, Stran­gury and Agues, and for them their action lies upon the Stat. 1 Mariae and not upon 14 H. 8. therefore they ought to have named this Statute at the be­ginning. 2 Ass. 6. 37 H. 6. 5. 21 H. 7. 18. And for answer to the Iudgment cited in B. R. there the Iudg­ment was general, and 1 Mariae was there pleaded with these words staret & continuaret, but here it is & continuaret, which is nonsense. And I have [Page 251] credibly heard, the case there was not defended om­nino, but onely argued for the Plaintiff. Wherefore upon the whole matter he prayed judgment for the De­fendant.

Davenport è contra. Exception hath béen taken to the person that brought the action, that the action was not brought according to the name of the College, scil. by the President and College, but by the President onely, 8 Report Dr. Bonham's case; and although the words of the Statute be, that the Acti­on shall be brought by the President and Col­lege, yet all Suites shall be in the name of the Presi­dent. And so be the Precedents, Mich. 5 Jac. rot. 299. and Mich. 5 Jac. rot. 438. 11 H. 7. 12. 18. where a Charter of Corporation may be granted that they shall not be sued by any other name than their Corporation.

For the matter in law he said, that he would ob­serve the course in 3 Rep. 7. Haydon's case.

  • 1. What the Common Law was before the Statutes.
  • 2. The mischief to be remedied.
  • 3. What remedy is appointed by Parliament.
  • 4. The true reason of this remedy.

The common law before 3 H 8. was, that every one might exercise any lawfull trade; But there is a different consideration betwéen the practice of Physick and other Mechanick Trades. In Mechanick Trades if any one undertake a thing, and doth not doe it duly, an Action upon the case lieth: But in the practice of Physick it is otherwise; for the mischief that falls upon the party, takes away the remedy, scil. the death of the Patient by the unskilfulness of [Page 252] the Physician. And for this inconvenience was 3 H. 8. cap. 11. made, which Statute did not redress the mis­chief sufficiently, because that the allowance or dis­allowance of Physicians was not referred to Com­petent Iudges; for the fitness of every person should be tried by them which be experienced in the same kind, as 8 H. 7. the Ordinary tries whether a Parson sit idoneus ad Ecclesiam; but here the Bishop is to be Iudge of the skilfulness of Physicians.

Another imperfection in this Statute is, that the penalty is given and to be recovered by every one that will sue, and therefore the care was in no person; and also there was not sufficient care for practisers in London: There was care that none should practise, &c. in the negative, but what care was there in the affirmative? Sir George Farmars case, 8 rep. 126. Then came the Statute of 10 and the Statute of 14 H. 8. which do not extend to every one that giveth Physick, but to him that professeth the practice there­of. It hath béen said that 14 H. 8. doth not extend to restrain the practice of those diseases; but they con­fess that they be within the letter of the Statute, but not within the meaning; but by the Common Law they be taken to be within Physick. The Common Law takes notice of a Physician and Surgeon, but for an Empirick, he is not known to the Law. See the Entries fol. 187. A Physician may have debt for his fées, so may a Surgeon without doubt; but where is there any precedent for an Empirick, or Herbalist to have action? An Assumpsit he may have, but not debt. Knowledge of Herbs pertains to Physicians, and so of Waters; for who can judge of Baths but Physicians, and those that belong to the practice of Physick? See Entries fol. 463. Pl. 3. Action was [Page 253] brought against one for practising of Medicines; and for that cause it was necessary to shew, what practice this was, scil. tam per visus, &c. quàm interiores po­tiones. And there is another action there, where one that practised as Surgeon, practised ut Medicus; that where the Plaintiff suit aegrotus of the Colick, the Defendant ut medicus sed indoctus, & cupidus lucri, saith to the Plaintiff that he was troubled with thrée Imposthumations, and administred to him medicinam insalubrem & intoxicatam, whereby the Plaintiff was in danger of his life. And in the same book fol. 463. Pl. 1. it is shewn what a Surgeon ought to do. En­tries fol. 127. and an appeal of Mayhem 46. Pl. 5. Register trespass fol. 139. The Statute 32 H. 8. was apparent, that the Iudgment of the Parliament was, that Surgery was a member of Physick. And he said there were 2 kinds of Surgeons, Barber-Sur­geons who were incorporated 1 E. 4. and Surgeons onely. He agréed that the Statute against the words may be construed by equity, as Stradling and Mor­gan's case, but to whom shall this equity extend? Posito that it extends to Surgeons, yet it never ex­tended to Empiricks. Equity against the letter ought to be grounded upon the intention, 30 E. 3. 6. 1 H. 6. 3. The Statute of Marlebridge, there are nega­tive words as here, that no person shall drive a distress out of the County, &c. vide the Case: But posito that a stranger shall distrain, &c. the equity shall not extend to him. So in our Case, although a Surge­on be tolerated, yet a Stranger shall not invade the liberty of Physicians.

2. The Statute of 34 H. 8. doth not restrain that which is within 14 H. 8. but meddles with the mis­chief mentioned in 32 H. 8. And it appeareth that [Page 254] the intention of 34 H. 8. was not to raise a new pro­fession, but to tolerate the old. For the Statute is where many give Medicines without money, scil. for Charity and neighbourhood. And the purview is general, that such, &c. But the difference is, if any will within his own house or to his friend give Me­dicines, it is not within the Statute: But if he make profession and set up a Bill, that he can cure such and such diseases, it is otherwise. Pl. Com. 463. And if the question had béen put to the makers of the Statute, whether they would raise a new pro­fession, it would have béen denied to be their inten­tion. 8 Rep. fol. 129. Exercise of brewing is not every brewing for his own house alone, &c. but profession thereof. And 11 Rep. fol. 23. So here. But posito that every one may exercise within 34 H. 8. yet it is not a Repeal of 14 H. 8. but as it were a licence or dispensation therewith, &c. And if it were, yet 1 Mariae repeals all 34 H. 8. that any way im­peaches 14 H. 8. If it was made to such purpose at first, this Act 1 Mariae takes notice of 14 H. 8. and provides that staret & continuaret, &c. Any Act, Statute, &c. to the contrary. And what Sta­tute can be to the contrary but the Statute 34 H. 8?

As to the Objection, that there wants staret, and is onely continuaret, insomuch that [&] cannot be of any force, it shall be as if it were absent: and then continuaret is not only a confirmation, but is to re­move the impediment, which is the Statute 34 H. 8. as it was before. And although that this Statute of 1 Mariae is a private Statute, yet the substance being pleaded is sufficient. But the plea in barr is ill; this is Iustification by virtue of a Statute Law, the Sta­tute [Page 255] gives the Iustification in this manner, that he, &c. justifie generally. The application of Plasters and giving of Potions to Sores, Agues, Stone, Strangury, &c. & talibus morbis, and doth not say secundum formam Statuti; and therefore shall not be construed pro reddendo singula singulis. 15 H. 7. 10. where the construction is made reddendo singula sin­gulis, &c. This form of pleading is also a new form, quoad those, &c. he justifies, and he doth not say this is the same practice whereof the Plaintiff de­clares. And so to force the Plaintiff to a replication when the thing is intire, as here, that he had exer­cised facultatem medicinae, he cannot sever his plea and justifie these, Et quoad alia, &c. plead Not guilty: But he ought to plead as it is said before, or traverse absque hoc, &c.

2. The Plea in Barr consists of 2 points, one is a Iustification, the other is a Travers: Et he shall not have the Iustification, si hoc parat. est veri­ficare, 22 H. 6. 6. There without Travers it is good, according to Dyer 167. But when the justification tends to all, it is not so, 27 H. 6. 10. and it cannot be amended, nor no repleader now after demurrer. Then let the Replication be as it will, when the Barr is ill, and the declaration good, this should not be an­swered. Vide Dr. Bonham's Case, Francis Case and Turner's Case, &c.

Mich. 6 Caroli primi Communi Banco.

The Iudges in this case gave their Resolution.

RIchardson Chief Iustice for himself and for the Lit. rep▪ p. 349. other Iudges said, That he would recite the [Page 256] principal points of the Case which be; The Plain­tiffs declare that the Charter made to the College did inhibit, That none shall practise Physick, &c. without licence, &c. and that the Defendant contrary thereto had practised by the space of 12 months, for which he had forfeited 5 li. for every month, which amounts to 60 li. The Defendant pleads the Statute 34 H. 8. that made it lawfull for any skilfull, &c. to administer outward Plasters, &c. or Potions, &c. and as to any other practice he pleaded Non culpabilis. The Plaintiffs reply, and shew the Statute of 1 Mariae which confirms their first Charter. Any Act to the contrary notwithstanding. Vpon which the Defendant demurred in Law; and our Ioint Resolution is, that the Plaintiffs shall re­cover.

It hath béen objected against the Iurisdiction of this Court, that by the Statute of 21 Jac. this action ought not to be brought here. But it is clear that it cannot be brought in any other place than in the Kings Courts of Record at Westminster. For the Statute doth not mention in what Court it shall be brought, and the Statute 21 Jac. which giveth power to Iustices, doth not give any other thing to them, but that whereof they have Power and Iurisdiction before; and before this they had not any Iurisdiction of this Cause, Ergo.

Another Objection hath béen made, that the Action hath not béen well brought, because it ought to be brought in the name of the President onely. To which I an­swer, that the Charter it self is, that they may plead, and be impleaded by the name of President onely; and the Action shall be brought by that name, by which the King enables them to bring their Action, [Page 257] and to plead and to be impleaded, as 11 H. 7. 27, 28. is; so that here is a good action and well grounded and by a good name. And as to the Plea in Barr it is insufficient, because he hath not pleaded according to the Statute. For his plea ought to have béen apply­ed to the Statute, for by the Statute the power there given is to administer to outward Sores or Diseases, any Ointments, Plasters, &c. and other like, and this ought to be according to the skill and knowledge. And here the Defendant saith, that he had know­ledge in the nature of Herbs, Roots, and Waters, &c. and did apply Oyntments, Potions, &c. for the Stone, &c. and such other diseases, and he ought to have said, according to his knowledge in those diseases, and not in other like, &c. 2. The Admini­stration ought to have béen to outward Tumours, &c. and here outward is omitted, and he hath pleaded ge­nerally, whereby his plea goeth to the whole, and so mistaken. 3. Where potions may be applied to the Stone, Strangury, and Agues, the Defendant hath pleaded Potions pro ulceribus, morbis, &c. & talibus consimilibus, which is a more large Authority than the Statute limits; And for these the plea is ill. It is a rule, that a plea ought to be issuable; but this is not, as it is pleaded; for the Defendant here ought to have distinguished his plea, and have justified in part, as in applying outward Plasters, &c. to out­ward Diseases, and Potions to Stone, Strangury and Ague.

As to the Replication, it hath béen objected that it is a departure. To which I say, that if any new matter be pleaded, it is a departure; but here is none. For the Replication which supports and in­forces the Declaration is by the Statute 1 Mariae, [Page 258] and this could not have béen alledged in the Declara­tion: and there was no reason to shew the Statute 1 Mariae untill the Statute of 34 H. 8. was pleaded by the Defendant.

And as to the matter in law, that is, how far the Statute of 34 H. 8. gave liberty against the Statute 14 H. 8. to what persons, and for what things, is the Question. And upon consideration of all the law of 34 H. 8. we be of opinion that this Statute doth not reach, neither in Words, nor in Intent and meaning, to give liberty to any person that practises or exercises for lucre and profit; and it is apparent by the pre­amble, and the Statute also, that this was made principally against Chirurgeons which were covetous, &c. And therefore the Statute hath limited who should practise, and for what diseases, and the parties li­censed thereby were those which were good honest peo­ple, as old Women, and such as would give neigh­bourly Physick for charity and piety, and not such as look for gain thereby, as Empiricks, that do not doe any thing for piety and charity. So that this Statute excludes all those that take any money or gain. And this Statute which was intended against Surge­ons, in truth helps them; for it gives to them liberty to give Pills and Potions as well as to apply out­ward Medicines to outward diseases, and such con­struction shall be made. And Surgery is onely that which is to be done with the hand, &c. And moreover we be of opinion that if this Statute of 34 H. 8. had abridged the Statute 14 H. 8. yet that the Sta­tute of 1 Mariae hath setled all on foot again of 14 H. 8. in as large manner as it ever was before; for it con­cludes any Act to the contrary notwithstanding. And it was made to suppress unskilfull men. But this [Page 259] Statute of 34 H. 8. and Dr. Langton's case, Mich. 3 Jac. B. R. rot. 438. versus Gardiner is express in this point; yet there the plea was better than this is. And yet after it had depended 3 years, judgment was given against the Defendant. With this he conclu­ded, and commanded Iudgment to be entred for the Plaintiff against the Defendant.

College of Physicians against Bugge. In mag­no Rotulo de Anno xxiii. Regis Caroli in Item Adhuc Item Item Res. London.

PRaesidens Colleg' & Communitas Medicor' Lond' London. deb' 27 li. 10 s. de medietate 55 li. versus Johan­nem Bugge de Parochia Ecclesiae Christi London re­cuperat' per Judicium Cur' quia exercuit facultatem Medicin' ibidem per spatium xi mens. integr' non ex­isten' admiss. ad exercend' & occupand' dict' facultat' medicin' per Praesident' Collegium seu Communitat' facultat' Medicin' London literis sigillo suo commu­ni sigillat' contra formam Statuti in hujusmodi casu edit' & provis. super ipsos onerat' virtute Ordinis hujus Scacc' Dat' tertio Julii Anno 15 Regis Ca­roli.

But the said sum of 27 li. 10 s. is allowed to the President and College of the faculty of Phy­sick within the City of London by Letters Pa­tents [Page 260] under the Great Seal of England bearing date the eighth day of October in the fifteenth year of the late King James of England, and of Scot­land the Fifty first, and by Iudgment of the Barons of this Court of Publick Exchequer en­tred amongst the Records of Easter Term in the Seventh year of the Reign of the late King Charles in the Custody of the first Remembrancer there, Roll the xxiiii.

And they are quitt.

Ex. by He. Croke Clerk of the Pipe.

D. Termino Sancti Michaelis anno regni Domini Caroli secundi nunc Regis Angliae, &c. xxvii. rot. 530.

MEmorand' quod die Sabbati prox' posttres septimanas Sancti Michaelis isto Note: Lond. ss. eodem Termino coram domino Rege apud Westm' ven' Praesidens Collegium seu Communitas facultat' Medi­cinae London qui tam pro domino Rege quàm pro seipsis sequuntur per Franc' Scot Attorn' suum & pro­tuler' hic in Cur' dicti domini Regis tunc ibidem quan­dam billam suam versus Adrianum Huybert alias Hybert in custod' Marr' &c. de placito debiti. Et sunt pleg' de prosequend' scilicet Johannes Doe & Ricardus Roe. Quae quidem billa sequitur in haec ver­ba. ss. London ss. Presidens Collegium seu Commu­nitas facultat' medicinae London qui tam pro domino Rege quam pro seipsis sequuntur queruntur de Adri­ano Huybert alias Hybert in custod' Marr' Maresc' domini Regis coram ipso Rege existen' de placito quòd reddat eidem domino Regi ac praefat' Praesident' Col­legio seu Communitati qui tam, &c. centum libras legalis Monet' Angl' quas eis debet & injuste detinet, pro eo videlicet, quòd cum Henricus Octavus nuper Rex Angliae per literas suas Patent' magno Sigillo suo Angliae sigillat' Curiaeque domini Regis nunc hic prolat' geren' dat' apud Westm' in Com. Midd' vicesimo tertio die Septembr' Anno regni sui decimo pro publico bono hujus regni in debito exercitio facultat' Medicinae & bo­na administratione medicinar' habend' incorporasset & fecisset de Johanne Chamber, Thoma Linacre & Fer­dinando [Page 262] de Victoria adtunc Medicis ejusdem nuper Regis, & Nichol' Halswell, Johanne Francisco & Roberto Yaxley & omnibus aliis viris ejusdem facultat' tunc de & infra Civitat' London unum Corpus & perpetuam Communitatem sive Societatem facultatis medicinae, Et praefat' Doctoribus Johanni Chamber, Thomae Linacre, Ferdinando de Victoria medicis ejus­dem nuper Regis, Nichol' Halswell, Johanni Francisco & Roberto Yaxley Medicis concessit quòd ipsi om­nesque homines ejusdem facultat' de & in Civitat praedicta essent in re & nomine unum Corpus & Com­munitas perpetua sive Collegium perpetuum, & quòd eadem Communitas sive Collegium singulis annis in perpetuum eligere potuissent & facere de communitate illa aliquem providum virum & in facultate Medi­cinae expertum in Praesident' ejusdem Collegii sive Communitatis ad supervidend' recognoscend' & guber­nand' pro illo anno Collegium sive Communitat' prae­dict' & omnes homines ejusdem facultat' & negotia eorundem; Et quòd iidem Praesidens & Collegium sive Communitas haberent successionem perpetuam & commune sigillum negotiis dictae Communitatis & Praesidentis imperpetuum servitur.' Et quòd ipsi & successores sui imperpetuum forent personae habiles & capaces ad perquirend' & possidend' in feodo & perpe­tuitate terras & tenementa, reddit' & alias possession' quascunque. Concessit etiam idem nuper Rex eis & suc­cessoribus suis pro eodem nuper Rege & hered' suis, quòd ipsi & successores sui potuissent perquirere sibi & successoribus suis tam in dicta Urbe quàm extra terras & tenementa quaecunque Annuum valorem duode­cim librar' non exceden' Statuto de alienatione ad ma­num mortuam non obstante. Et quòd ipsi per nomi­na Praesidentis Collegii seu Communitatis facultat' Me­dicinae [Page 263] London placitare & implacitari potuissent coram quibuscunque Judicibus in Curiis & Action' quibuscun­que. Et quòd praedict' Praesidens & Collegium sive Communitas & eor' successores congregationes licitas & honestas de seipsis ac Statuta & ordinationes pro salubri gubernatione, supervisu & correctione Collegii sive Communitatis praedict' & omnium hominum ean­dem facultat' in dicta Civitate seu per septem milliaria in circuitu ejusdem Civitat' exercen' secundum necessi­tat' exigentiam quoties & quando opus foret, facere valeant licitè & impunè sine impedimento dicti nuper Regis haered' vel successor' fuor', Justiciarior', Escaetor', Vicecomitum & al' Ballivor' vel Ministror' ipsius nuper Regis haered' vel successor' suor' quorumcunque. Con­cessit etiam idem nuper Rex eisdem Praesidenti & Col­legio sive Communitati & successoribus suis quod ne­mo in dicta Civitate aut per septem milliaria in cir­cuitu ejusdem exerceret dictam facultat' nisi ad hoc per dictum Praesidentem & Communitatem seu successores eorum qui pro tempore forent admissus esset per ejus­dem Praesidentis & Collegii literas sigillo suo com­muni sigillat' sub poena centum solidor' pro quolibet mense quo non admiss. eandem facultatem exerceret, dimidium inde dicto nuper Regi & haered' suis & di­midium dicto Praesidenti & Collegio applicand' prout in eisdem literis Patent' hic in Cur' prolat' plenius con­tinetur. Cumque etiam in Statuto in Parliament' dicti nuper Regis Henrici Octavi tent' apud London decimo quinto die Aprilis Anno regni sui quarto decimo & abinde prorogat' usque Westm' in Com' Midd' ult' die Julii Anno regni dicti nuper Regis quinto decimo & tunc & ibidem tent' inactitat' fuit, quòd praedicta Corporatio praedictae Communitat' & Societat' facultat' Medicinae praed' & omnia & singula concessa, [Page 264] articles, & al' res content' & specificat' in praedictis literis Patent' forent approbat' concess. ratificat' & con­firmat' & clare authorizat' & admiss. bona legitima & valida Anglicè available praefat. corpori incorporat' & eorum successoribus imperpetuum in tam amplo & largo modo quam capi, aestimari & construi potuisset pro eadem, prout in eodem Statuto int' alia plenius continetur. Praedictus tamen Adrianus qui ad dictam facultatem exercend' per Praesidentem & Communi­tatem facultatis Medicinae London praed' per aliquas li­teras Praesidentis & Communitatis praed' sigillo suo communi sigillat' non admissus est nec unquam ante­hac admissus fuit, Statut' praed' minimè ponderans nec poenam in praedictis literis Patent' content' verens dic­tam facultatem Medicinae per spacium viginti men­sium jam ult' elaps. & prox' praeceden' ante diem exhi­bition' hujus billae scil' vicesimo tertio die Octobris Anno regni domini Caroli secundi nunc Regis Angliae vi­cesimo septimo in Civitate London praedicta videlicet in Parochia beatae Mariae de Arcubus in Warda de Cheape London exercuit & adhuc exercet contra formam lite­rar' Paten' praedictar' & Statuti praedicti, per quod actio accrevit tam dicto domino Regi nunc quam eis­dem Praesidenti Collegio feu Communitat' ad exigend' & habend' de praefat' Adriano praed' Centum libras videlicet pro quolibet mense praedictor' viginti mensium centum solid. Praedictus tamen Adrianus licet saepius requisit' &c. praed. centum libras praefat' domino Re­gi & eisdem Praesidenti Collegio seu Communitati praed' seu eor' alteri nondum solvit sed ill' eis hucusque solvere omnino contradixit & adhuc contradic' ad damp­num ipsorum Praesident' Collegii seu Communitat' praed' qui tam, &c. quadragint' librar'. Et inde tam pro eodem domino Rege quam pro seipsis producunt sectam, &c.

[Page 265] Et praedictus Adrianus per Hugonem Gamlyn At­torn' suum ven' & defend' vim & injur' quando, &c. Et dicit quòd praedict' Praesidens Collegium seu Com­munit' qui tam, &c. action' suam praed' inde versus eum habere seu manutenere non debent quia dicit quod non habetur aliquod tale recordum alicujus talis Statut' Par­liamenti praed' Henrici Octavi nuper Regis Angliae edit' qual' per praed' Praesiden' Collegium seu Communitat' qui tam, &c. in Narration' praed' superius inde recitat' & spec'. Et hoc parat' est verificare unde pet' Judicium si praed. Praesiden' Collegium seu Communitas qui tam, &c. action' suam praed' inde versus eum habere seu ma­nutenere debeant, &c.

Et praedicti Praesiden' Collegium seu Communitas fa­cultat' Medicinae London qui tam, &c. dic. quòd ipsi per aliqua per praed. Adrianum superius placitando al­legat' ab actione sua praedicta tam pro dicto domino Re­ge quam pro seipsis inde versus ipsum Adrianum ha­bend' praecludi non debent. Quia dic' quòd habetur tale record' praedicti Actus Parliamenti quale ipsi iidem Praesidens Collegium seu Communitas facultat' Medicinae London qui tam, &c. superius inde narra [...] allega­ver' prout per record' inde in cur' Cancellar' dicti do­mini Regis nunc apud Westm' in com' Midd' de re­cordo residen' plenius constat de recordo. Et hoc pa­rati sunt verificare per record' inde prout cur' hic cons. &c. Et superinde dictum est per Cur' hic praefat' Prae­siden' Collegio seu Communitat' facultat' Medicinae London qui tam, &c. quod habeant record' praed' Actus Parliamenti coram domino Rege apud Westm' die prox' post—periculo suo incumbend'. Idem dies dat' est praedicto Adriano ibidem, &c. Ad quem diem coram domino Rege apud Westm' ven' partes praed. per Attorn' suos praed'. Et praed. Praesiden' Collegium seu Com­munitas [Page 266] facultat' Medicinae London qui tam, &c. de­liberavit hic in Cur' dicti domini Regis record' praed. Actus Parliamenti superius allegat. huc missum è Cur' Cancellar' dicti domini Regis nunc virtute cujusdam brevis ex praed Cur' Cancellar' dicti domini Regis nunc emanen' ac Justic' domini Regis ad placita coram ipso Rege in Cur' hic tenend' assign' direct' Quod quidem Re­cord' reman' hic int' Record' hujus Termini fine die affilat', &c. super quo Record' praed' lecto & audit' & per Cur' dicti domini Regis nunc hic diligent' exa­minat' manifest' apparet Cur' domini Regis hic quòd habetur tale Record' Actus Parliament' praed' qual' per praed' Praesiden' Collegium seu Communitat' facul­tat' Medicinae London qui tam, &c. superius allegat' existit. Ideo cons. est quòd dictus dominus Rex nunc & praed' Praesidens Collegium seu Communitas facultat' Medicinae London qui tam, &c. recuperent versus prae­fat' Adrianum debitum praed' Centum librar' praed' per ipsum Adrianum forisfact' tam domino Regi quam prae­fat' Praesidenti Collegio seu Communitat' facultat' Me­dicinae London qui tam, &c. occasione exercitii sui fa­cultat' M [...]icinae in Civit' London praed' contra formam literar. Paten' praed' & Statuti praed' Unde una medie­tas sit dicto domino Regi nunc, altera vero medietas inde praefat' Praesiden' Collegio seu Communitat' facultat' Me­dicinae London qui tam, &c. Et praedictus Adrianus in Misericordia, &c.

De Termino Sancti Hilarii Anno 27 & 28 Car. 2. & 1675. in Banco Regis.

THe President and College of Physicians Plain­tiffs against Huybert, Defendant.

The Plaintiffs sued the Defendant upon their Let­ters Patents of H. 8. and the Statute of 14 H. 8. cap. 5. which confirms the same Letters Patents, for practising of Physick in London for several months mentioned in the Declaration without any licence or leave of the College of Physicians, whereby he for­feits five pounds for every month.

The Defendant pleaded nul tiel Record, videlicet, that there is no Record of any such Statute as the Plain­tiffs have supposed in the Declaration. And the Plain­tiffs having joyned issue thereupon in Michaelmass Term last, had then aday given to bring forth the Re­cord thereof untill this present Hilary Term: And now the Tenor of the Record of the said Statute was by way of Mittimus sent out of the Court of Chancery into the Court of Kings Bench to prove the issue for the Plaintiffs, by which it appeared to the Court of Kings Bench that there is such an Act of Parliament as the Plaintiffs did declare upon.

Thereupon the Counsel at the Barr for the Defen­dant made two objections.

First, that search had béen made by the Defendant among the Records of Parliament, and it doth not ap­pear there that the Royal assent was to this Act of Par­liament mentioned in the Plaintiffs declaration and therefore there is not in truth or in Law any such Act [Page 268] of Parliament. For when Statutes are enrolled, the Royal assent ought to be entred upon the Roll also.

Hales the Lord Chief Iustice answered, that this objection if it should be allowed to be a good one, would endanger not onely this Act but many Acts of Parli­ament which have never yet béen questioned. For there are many Acts of Parliament, upon the Rolls whereof, the Royal Assent doth not appear, especially if they be ancient Acts; And yet they have béen ever re­ceived as good Acts of Parliament. For the method of procéeding in the making of Acts of Parliament was anciently different from that which is now used: For formerly a Bill in the nature of a Petition was de­livered to the Commons and by the Commons to the Lords, and then was entred upon the Lords Rolls, and there the Royal Assent was entred also. And upon this as a ground-work the Iudges used at the end of the Parliament to draw up the Act of the Par­liament into the Form of a Statute, which afterwards was entred upon the Rolls called the Statute Rolls, which were different Rolls from those called the Lords Rolls or the Rolls of Parliament. Vpon which Statute Rolls neither the Bill or Petition from the Commons, nor the Answer of the Lords, nor the Royal Assent was entred, but onely the Statute as it was drawn up and penned by the Iudges. And this was the method till about H. 5 's time; and in his time 'twas desired that the Acts of Parliament might be drawn up and penned by the Iudges before the end of the Parliament: And this was by reason of a com­plaint then made that the Statutes were not fairly and equally drawn up and worded after the Parliament was dissolved or prorogued.

[Page 269] 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 'twas 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 'tis 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 [Page 270] the consent of the King, Lords and Commons doth not appear, 'tis a void Statute, 'tis 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 'tis 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 [Page 271] 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 'tis resolved that the Tenor of a Record is not pleadable at Common Law; that 'tis 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. 'Tis the Record it self onely that is pleadable, and not the Tenor thereof; and by consequence 'tis the Record it self that must be certified here to prove this issue of [Page 272] 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 'twould 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 remove presentments, upon which process may be awarded in this Court.

The Reason why 'tis 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 [Page 273] 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 [Page 274] 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; 'tis 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.

[Page 277] 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 [Page 278] London practise there, whether, for evil practice or misdemeanour therein, they be not subject to the Cor­rection and government of the College?

Resp. They all agréed, That they are subject to the government and correction of the College by an ex­press clause of the said Charter enacted, which giveth to the President and College Supervisionem, Scruti­nium, Correctionem & Gubernationem as well of all persons using the practice of Medicine within the City, &c.

Quest. 4. If they may not practise without admissi­on of the College (as their Letters Patents plainly im­port) Then whether such Graduates are not subject to the examination, without which there were never any admitted; and without which the admission cannot be approved; because every Graduate is not absolutely good ipso facto?

Resp. It was resolved by all, That all that practised or should practise Physick either in London or within the compass of 7 miles of the same, must submit them­selves to the examination of the President and College if they be required thereunto by their authority, not­withstanding any licence, allowance or privilege given them in Oxford or Cambridge either by their degrée or otherwise.

Concerning Punishment and Correction a­gainst Offenders.

Quest. 1. Whether the President and four Censors together, or the Censors alone may not commit to Pri­son without bail or mainprize all Offenders in the prac­tice of Physick according to the Statute of primo Mariae, [Page 279] and how long, whether till he have paid such Fine as shall be assessed upon him, or have submitted himself to their Order, and in what manner?

Resp. They all resolved, That for not well doing, using or practising the faculty or Art of Physick, or for disobedience or contempts done and committed against any Ordinance made by the College, by virtue and according to the power and authority to them granted, they may commit the Offenders without bail or mainprize, as the words of the Statute are. Which they all resolved, could not be altered or inter­preted otherwise than the express words of the Statute are.

Quest. 2. Whether they may not commit to prison for disobedience and contempt of the private Statutes and Ordinances of the College made for the better govern­ment thereof, and for not payment of such reasonable Fines as shall be imposed by the President and Censors for maintenance of the said College, among the Mem­bers of the same College?

Resp. They all resolved, That the President and College might commit to prison for offences and disobe­dience done or committed against any lawfull ordinance made by the said College, and might impose reasonable Fines for the breach thereof, and detain the parties committed till these Fines were satisfied.

Quest. 3. Whether they may not justly take upon every admission a reasonable sum of money for the bet­ter maintenance and defraying of necessary expences, as in other Corporations?

Resp. They all held, That they might take such rea­sonable sums.

Quest. 4. Whether those onely are to be committed that are offenders in Non bene exequendo, faciendo & [Page 280] utendo facultate Medicinae, as in the Letters Patents; and such as are sufficient and not admitted, are to be sued for 5 li. a month and not be committed?

Resp. They all held, That by the Charter and Acts of Parliament they might commit Offenders and Practi­sers that offended in Non bene exequendo, faciendo & utendo facultate: But for the committing to prison of such as practise (not being admitted by the College) they held it doubtfull, for that the Charter and Sta­tute do in that case inflict a punishment of 5 li. a month against such practiser without admittance by the Col­lege. But they all resolved, That if the President and College made an Ordinance to prohibit the practising of all without admittance under the Common Seal of the said College, That for breach and contempt of this Ordinance, the President and College might both impose a reasonable Fine upon the Offender and com­mit him without bail or mainprise.

Quest. 5. Whether refusal to come to be examined upon warning given be not a sufficient cause of Com­mitment?

Resp. They all resolved, That if the College do make an Ordinance, That if any practiser of Physick in London or within 7 miles of the same shall obsti­nately or wilfully refuse to be examined by the Censors of the College in non bene exequendo, faciendo & utendo the art of Physick or his Medicines or Receipts, that the said President and Censors may commit him to prison, there to remain without bail or mainprise, untill he be delivered by the President and Censors, and to forfeit and pay to the said College some reason­able sum of money, That the same Ordinance will be good and lawfull. And if any after shall offend contra­ry to the said Ordinance, the President and Censors [Page 281] may lawfully commit such Offender to prison, there to remain without bail or mainprise untill he shall be de­livered by the said President and Censors.

It pleased the Lord Chancellor to move these questi­ons to the Judges as material for the execution of the Statutes.

1. Quest. Whether the party committed for unskil­full or temerarious practice may have an Action of false imprisonment against them, and thereby draw in questi­on or issue the goodness or badness of the Physick?

Resp. All resolved, That the party so committed was concluded by the sentence and Iudgment of the 4 Censors of the College of Physicians.

2. Quest. Whether if any not admitted do practise Physick within London or 7 Miles of the same, but once, twice or thrice in one month, be an offender against the Charter and Statutes of the College?

Resp. All resolved he was, if he be a professed Phy­sician.

These I conceive to be the resolutions of their Lordships and the Judges upon the Questions; which I humbly refer to themselves to affirm or disaffirm.

  • John Crook.
  • Tho. Foster.
  • Tho. Harries.

A brief account of the College of Physicians Case drawn up in relation to their finding of Arms, keeping of Watch and Ward, or bearing any Parish offices.

IN the roth year of King H. 8. the Physicians of Lon­don and within 7 miles of the same, upon many im­portant reasons mentioned in their Royal Patent, were made a Body Corporate, and endowed with many pri­vileges, which in the 14th and 15th of his Reign were confirmed by Act of Parliament.

In the 32th of the same King's Reign several additio­nal privileges were granted them by a second Act of Parliament, by which they were discharged from keep­ing any Watch and Ward, or being chosen to any Office in London or the Suburbs thereof, and were thereby enabled to practise Surgery as well as Physick in the said City, &c. By which clause, they were entituled to the privilege granted the Surgeons of being discharged from bearing Arms, &c. by the 5 H. 8. 6.

In the 1 Q. M. 9. their Charter was a second time confirmed by Act of Parliament and additional Privi­leges granted to them: Which privileges, with a free­dom from finding Arms, were continued to them with­out interruption till 1588, and it being then a time of most imminent and publick danger, the Lord Mayor of London and Court 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 [Page 283] 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 [Page 284] 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, [Page 285] 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 [Page 286] 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, [Page 287] 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 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 ACCOƲN …

AN HISTORICAL ACCOƲNT 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.

'TIs 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 [Page] 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.

Ʋpon 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.

[Page] 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 Ʋni­versities, as Hippocrates and Galen were of old; and o­thers so much valued for their late incomparable and sa­gacious Medical observations; that the Disciples of fo­reign Professours are obliged to a diligent reading and carefull practice of them. No wonder therefore, that Emperours and Princes have courted these Aesculapii of their several Ages, to attend them in their Courts; and foreign Ʋniversities have been so ambitious of encoura­ging them to ascend their Chairs; their excellent learning and parts being of such an illustrious extraction. And that I might not seem (by this their due character) to impose upon the World, or flatter them; I will (as I promised) give a short Essay of a future History intended, of the [Page] Memoirs of some of the worthy Members of this honoura­ble Society.

The first of which I shall mention, was the most famous Dr. Thomas Linacer, who was born at Canterbury, educated under the Learned Sellingus; and from him sent to Oxford; where after a short stay, he was An. Dom. 1484. chosen Fellow of All-Souls College. In which he made great proficiency in Learning, and then travel­led into Italy, residing chiefly at Rome and Florence, where he highly improved himself by daily conversation with the Learned men of that Age. No English man, saith Dr. Fuller, in those times had so learned Masters, viz. Demetrius and Politian at Florence, and Hermolaus Barbarus at Rome; So noble Patrons, viz. Laurence Me­dices Duke of Florence; who (whilst he was beyond the Seas) was intimately familiar with him, admiring him for the greatness of his Wit and Learning; K. Henry 7. and K. Henry 8. upon his return into England, (to both which he was chief Physician;) So high-born Scholars, Prince Arthur (eldest Son to Hen. 7.) with many Lords Sons his contemporaries; So learned friends, Erasmus, Melancthon, Ludovicus Vives, Grocinus, Latimer, Tonstal, Sir. Tho. More, &c. who, for his accurate skill in the Greek and Latine Languages, in other Sciences, and in his own profession, esteemed him the ornament of his Age; upon which account he gives him this following character, viz. That upon his return into England he brought Languages along with him, and was the first re­storer of Learning in our Nation. It is a question whe­ther he was a better Latinist or Grecian, a better Gram­marian or Physician, a better Scholar or man for his moral deportment.

He was created Doctour of Physick in Oxford, and made publick Professour of that faculty; in which Ʋniversity he [Page] afterwards founded 2 Physick Lectures, and one in Cam­bridge. From Oxford he was commanded to Court by K. Hen. 7. to take the principal care of his own and the Prince's health.

He was highly instrumental with K. Hen. 8. in the tenth year of his Reign, for obtaining his Letters Pa­tents for the founding of a College of Physicians in Lon­don, &c. In which he was named with great honour as one of those 6 whom the King first made choice of for con­stituting this Royal foundation. He was chosen the first President of the College by the Physicians named in the King's Patent; and continued in that office by an annual choice of the Electors for 7 years together; he being by them highly valued for his profound Learning, great pru­dence, and excellent government. He kept all the Col­lege Comitia in his own house during his life; died Pre­sident of the College, and at his death gave them for ever his house in Knight-rider street for a College and Library.

He translated several of Galen's works (as De inae­quali temperamento, de temperamentis, de naturalibus facultatibus, de sanitate tuenda, de pulsuum usu, de methodo medendi, &c.) into the Latine tongue, with that admirable elegance and singular politeness and purity of style, that he not onely exceeded all former Interpreters of the great Galen, but deserved the following character for his translations, which Erasmus hath given in one of his Epistles, Mitto tibi libros Galeni operâ Th. Linacri melius Latinè loquentes, quàm antea Graecè loqueban­tur. Erasmus had that value for our famous Linacer, that in other Epistles he often calls him Meum Linacrum, intimum amicum, praeceptorem, patronum, &c. He wrote a Latin Grammar called Grammaticae rudimenta, which he dedicated to the Princess Mary; which Gram­mar is now of such account in some Ʋniversities in Poland, [Page] that all Students are posed in it, before they take their first degree. He wrote a little before his death (at the earnest and importunate request of some friends) a most admirable book, de emendata Structura Latini Sermo­nis. Many other Books he left behind him extraneous to his faculty, which for brevity sake I must now omit.

He died at London much lamented the twentieth of October, 1524. and was buried under a stately Monu­ment erected to his memory by Dr. Caius, in the Cathedral Church of St. Paul's; a little above which was a Phoenix placed, with the following inscription.

Vivit post funera virtus.

Dr. Richard Bartlot, was admitted into the College of Physicians and made President thereof in the Reign of K. Hen. 8. in which he lived and flourished, as likewise in the Reigns of K. Edw. 6. and Q. Mary. He died An. Dom. 1557. with the following character given him by the Learned Dr. Caius in his Annals; This good and venerable old man (very famous for his Learning, great knowledge and experience in Physick,) died in the 87th year of his age, at whose funeral the President and College attended; it being the first time that the Statute book of the College adorned with silver was carried before the President. He was buried in great St. Bartholomew's.

Dr. William Butte Fellow of Gonvile-hall in Cam­bridge, and Physician to K. Hen. 8. was Anno Dom. 1529. admitted into the College of Physicians. Ʋpon which he was required to subscribe to the due observati­on of the Statutes of the College, and to give his promise to use his best endeavours for advancing the honour and perpetuity thereof. He is mentioned by Bishop Parkhurst [Page] and Fox with honour; Ascham, in his Epistle Com­mendatory to Dr. Wende, extolls him highly; and the learned Dr. Caius hath dedicated most of his Books to him. His esteem was such in the College of Physicians, that he is entred in their Annals with the following Character; Vir gravis; eximiâ literarum cognitione, singulari judicio, summâ experientiâ, & prudenti con­silio Dr. He died in the Reign of King Henry the Eighth, and lies buried in Fulham Church, with this In­scription; Guil. Buttius Eq. Aur. & Medicus Regis Henr. viij. &c. obiit Novemb. 17. 1545. &c.

Dr. William Freeman was admitted a member of the College, Anno Dom. 1529. After which, his Learning and eminency were such, that he was made Censor, Elect and President of that Society. In the time of his Pre­sidentship, viz. Anno Dom. 1546. he with Dr. Bartlot, Cle­ment and Wotton procured from John Barker King at Arms, the College Arms; Manum videlicet è nube demissam aegri brachium complectentem, dimidiatas irides per ambitum, & in imo malum granatum, ut in ejus literis testimonialibus ad hoc conscriptis, videre li­cet.

Dr. George Owen, a very learned and great Man, was bred in the Ʋniversity of Oxford, and after made Physician to King Henry the Eighth, and Queen Mary. He was admitted into the College An. Dom. 1544. He with Dr. Wende, and Dr. Huys (by their care and in­terest in Q. Mary) procured that eminent Statute for the College, which passed in 1 Q. Mary, Sess. 2. C. 9. printed page 30, &c. of this Book. He was of that re­pute in Q. Mary's Reign, that there falling out an un­happy difference betwixt the College of Physicians and the Ʋniversity of Oxford, concerning their giving a de­gree in Physick to an illiterate person, rejected by the [Page] College; (which not being composed betwixt themselves) the College made their Appeal by Letter to the Right Reverend Cardinal Pool Chancellour of Oxford, and then Commissionated by Q. Mary to visit that Ʋniversity for the Reformation of Religion; who so ordered affairs there, that Oxford was obliged to consult this Learn­ed Man, and Dr. Thomas Huys (the Queen's Physici­ans) de instituendis rationibus, quibus Oxon. Acade­mia in admittendis Medicis uteretur. Which being agreed betwixt them, Hoc Statutum Reverendissimus approbavit, & authoritate suae legationis & Cancellaria­tûs, ut observent, injunxit.

He and the learned Dr. Thomas Huys, and Dr. Ro­bert Huye, with several other Physicians of note, died of a Malignant, Epidemical, Intermittent Fever; which reged so severely, An. Dom. 1558. and is so admirably described by Dr. Caius in his Annals, that I could not omit inserting the History of this Disease, in his own words.

Tertio die Octobris, An. Dom. 1558. Electio Praesi­dis erat, quod postridie Divi Michaelis ex statuto esse nequibat; distractis hinc inde omnibus Collegis in po­puli subsidium; Qui febribus tertianis, duplicibus ter­tianis, & tertianis continuis ita vexabatur populariter per omnem mensem Augusti, & Septembr. pér (que) uni­versam insulam Britanniam, perinde ac peste aliquâ, ut nullus locus quieti aut privatis negotiis esse potuit. Ex hoc morbo periere multi, non in Urbe solùm, sed ruri etiam; inter quos Urbanus Huys erat, quod dolens re­fero, ex immodica fatigatione per aestus graviores, dum aulicos curaret, morbo correptus.

Per eos menses vix erant sani, qui aegris ministra­rent; vix Messores qui messem meterent, aut in horre­um recolligerent.

[Page] Hos morbos exceperunt Quartanae populariter, ut non aliàs aequè per hominum memoriam; & aliquot Quintanae & Octonae etiam, sed hae breves & sine pe­riculo; Illae plurimos de vita sustulerunt, flores videli­cet gravitatis, consilii & aetatis maturae.

Ex his Georgius Owenus erat, Regius Medicus & Dr. Oxon. Qui obiit die 10. Octobr. & sepultus est apud S. Stephanum in Walbroke Londini, 24. ejusdem mensis.

Dr. John Caius was born in Norwich, bred in Gon­vile-Hall in Cambridge; from whence he travelled into Italy, and studied there under the learned Joannes Baptista Montanus; He took his Doctor's degree first at Bononia, where, for some years, he was Greek Lecturer. At the age of 21 years he began to translate out of Greek into Latin Nicephorus Callistus's Treatise of Confession in Prayer, and another of Chrysostome, de modo oran­di: and out of Latin into English Erasmus's Paraphrase on Jude, and Epitomis'd his Book de vera Theolo­gia.

After his return into England, he took his Doctor's degree in Cambridge, and was so considerable a Benefac­tour to Gonvile-Hall, as that he obtained Letters Pa­tents of Philip and Mary, which made him Co-founder; and the Hall had then this Title given it, viz. Gon­vile and Caius College, Founded to the Honour of the Annunciation of Blessed Mary the Virgin. He built the Court called after his Name, Caius-Court, of free-stone, and gave his Books and Plate to the College; He like­wise Founded 3 Fellowships, and 20 Scholarships; pro­cured the College a new Coat of Arms, Symbols of the fa­ty of Physick.

He was admitted into the College of Physicians in the Reign of King Edward the Sixth, An. Dom. 1547. He [Page] there passed through all the learned and difficult Offices thereof, having for several years been chosen Censor, of­ten Register and Treasurer, [...] seven years or more, President of this Royal Found [...]ion. He was esteemed a man of a happy wit, great [...]ning, and admirable skill in the Greek Tongue, as well as in his own Profession; He had the repute of one of the greatest Physicians of that Age, and was Physician to King Edward the Sixth, Queen Mary, and for many years to Queen Elizabeth.

He was the first Inventor of those Ensigns of Honour by which the President of the College is distinguished from the rest of the Fellows, the account of which he hath thus entred in his Register.

Ante hunc annum nulla à Collegio condito reddita ratio fuit acceptorum & expensorum; nulláve solen­nis ratio instituendi aut honorandi Praesidentem Pulvi­nari, Caduceo, Libro & Sigillo, aut excogitata aut usitata; ulláve deponendi munus & officium; primús­que hos honores & excogitavit Caius & usus est. Ne­que certè inanes sunt honores isti. Nam Caduceus sive virga argentea, regendum significat mitiùs & clemen­tiùs, contra quàm solebant olim, qui virgâ regebant ferreâ; prudenter autem regendum, agendúmque do­cent serpentes, prudentiae Indices; Sustineri autem istis modis Collegium, indicant insignia Collegii in summo posita. Jam verò cognitione Collegium fulci­ri indicio est Liber, cujus etiam summum occupant eadem insignia. Quòd autem pulvinar, honoris ho­nestamentum sit; & sigillum fidei signum & firma­mentum, nemo est qui nescit. Vocentur haec virtu­tis Insignia.

He hath left behind him a Book written with his own hands of the College Annals, bearing date An. Dom. 1555. and ending An. Dom. 1572. which Book was the [Page] first that ever was wrote of their affairs, and is managed with that excellent Method, clearness of Style, and full­ness of Matter, that all the memorable Transactions of the College are there to be sound entred in their due time and order: I cannot therefore but heartily wish, that he may ever continue an Exemplar to all succeed­ing Registers of this Royal Foundation.

He was so eminent a Defender of the College Rights and Privileges, that there happening in the Reign of Queen Elizabeth to arise a difference betwixt the Physi­cians and Surgeons; whether the Surgeons might give inward Remedies in the Sciatica, French Pox, or any kind of Ʋlcer or Wound, &c. Doctor Caius was summoned (as President of the College) to appear before the Lord Mayor and others of the Queen's Delegates; Before whom he so learnedly defended the College Rights, and the Il­legality of the Surgeons practice in the forementioned cases, against the Bishop of London, Master of the Rolls, &c. (who brought many Arguments in behalf of the Surgeons) that it was unanimously agreed by the Queen's Commissioners, that it was unlawfull for them to practise in the forementioned cases.

He was so Religious in observing the Statutes of the College, that though old, he durst not absent from the College's Comitia without a dispensation; which he hath entred after the following manner in the conclusion of his Annals.

Decimo quinto Novembris, An. Dom. 1572. visum est Praesidenti & caeteris Electoribus praesentibus omni­bus in his Comitiis concedere, ut Joanni Caio Doctori, propter senium & alia Collegii negotia perfuncta labo­riosius per anteacta tempora, liceat abesse à Comitiis & convocationibus omnibus praeterquam ordinariis, quae celebrantur in fine trimestris cuiusque spatii, si in Urbe [Page] suerit & per valetudinem liceat, & eis in quibus gravia Collegii tractantur negotia.

The Learned Treatises which he wrote (besides his Commentaries, Translations, and Correction of several Authours) are too many to insert in this Epistle, I shall therefore give an account but of some of them which are the following.

  • De medendi methodo.
  • De Ephemera Britannica.
  • De Antiquitate Cantabrig.
  • De canibus Britannicis.
  • De rariorum Animalium atque Stirpium historia.
  • De Thermis Britannicis.
  • De libris Galeni qui non extant.
  • De antiquis Britanniae urbibus.
  • De pronunciatione Graecae & Latinae linguae.
  • De Annalibus Collegii Gonvilli & Caii.

He Translated several of Galen's Works out of Greek into Latine; of some of which, the following account is given by the Learned Gesnerus; Galeni libros duos de motu musculorum, vetustate corruptos, integritati resti­tuit, & annotationibus illustravit; Galenum de Ana­tomicis, de sanitate tuenda, de Comate, de Pharmacis, de substitutis medicamentis, & alia in multis locis emen­davit. For Cornelius Celsus, there is this account gi­ven of him; Cornelium Celsum valde corruptum re­purgavit, additis argumentis & scholiis, unà cum li­brarum ac ponderum Celsi ratione.

He died at Cambridge in his great Climacterick year (which was An. Dom. 1573.) foretelling his own death: He was buried in the Chapel of his own College, [Page] upon whose Monument, instead of an Epitaph, are insert­ed the two following words, ‘Fui Caius.’

Dr. Richard Caldwall was born in Staffordshire, edu­cated in Oxford, where he took his degree of Dr. in Phy­sick. He was a person so highly valued for his Learn­ing, Gravity and excellent Morals; that he was exami­ned, approved and admitted into the College, and made Censor thereof in one and the same day; and within less than six weeks, was chosen one of the Elects of the said College.

He was made a Member of that Society in the begin­ning of Queen Elizabeth's Reign; was President thereof An. Dom. 1570. His affections were such to the Col­lege, that he with the Lord Lumley, in the 24th year of Queen Elizabeth's Reign procured Her Majesty's leave, under the Broad-Seal, to Found a Surgery-Lecture in the College, and to Endow it with 40. l. per annum; which is laid as a Rent-charge upon the Lands of the Lord Lumley, and Dr. Caldwall, and their Heirs for ever. The words of the Letters patent run thus,—Solvend. eidem Presidenti & Collegio seu Communitati & Suc­cessoribus suis annuatim, ad usum Lectoris Artis seu scientie Chirurgie infra domum sive Collegium Medi­corum London. in perpetuum alend. & manutenend. juxta Ordinationes & Statuta dicti Johannis Domini Lumley & Richardi Caldwall in Medicina Doctoris fact. &c.

This generous and noble gift of Dr. Caldwall's, and the Lord Lumley's, was so highly resented by the Col­lege, that immediately Letters were drawn up and pre­sented to both of them, by the President Dr. Gifford; [Page] wherein they did not onely acknowledge their great ob­ligations due for this so honourable and generous a Do­nation, most thankfully by them accepted; but as a te­stimony thereof, did immediately decree, That 100 l. should be forthwith taken out of their Publick Stock to build the College Rooms more ample and spacious for the better celebration of this most solemn Lecture.

Cambden gives the following short account of this our great and worthy Benefactour and Collegue. An. Dom. 1585. hoc anno fato functus R. Caldwallus è Collegio Ae [...]nei Nasi Oxon. Dr. qui ut de Repub. benè merere­tur (adscito in partem honoris Barone Lumleio) lec­tionem Chirurgicam honesto salario in Medicorum Collegio Londini à Thom. Linacro fundato, instituit; Juxtáque ad S. Benedict. inhumatur, monumento la­queis plintheis & charchesiis, scamno Hippocratis, glosso [...]miis & aliis Chirurgicis ex Oribasio & Galeno machinamentis exornato.

Dr. Robert James was created Doctour in Physick in the Ʋniversity of Cambridge, and admitted into the College of Physicians in the 27th year of Queen Eliza­beth's Reign. He was one of Her Majesty's Physicians, and highly in Her favour; as will appear by the two following Letters written by the Queen in his behalf, the one to the Emperour of Russia, the other to his Empress, the Copy of which are the following.

Potentiss. Principi ac Domino Johan­ni Basileo, Dei gratiâ Russiae Im­peratori, Magno Duci Moscoviae, &c.

Elizabetha, Dei gratiâ, Angliae, Franciae & Hiberniae Regina, fidei defensatrix, &c.
Potentiss. Principi ac Domino Johan­ni Basileo eâdem Dei gratiâ Russiae Im­peratori, Fratri, Consanguineo & A­mico nostro, Salutem.
Potentissime Princeps, Frater & Consanguinee charissime,

TAm per literas tuas, quàm per sermones nostrorum, qui Ruthenâ ad nos proficiscuntur, accepimus, te non egere solùm, sed desiderare etiam, qui necessita­tibus tuis serviat, Medicum. Quod hominum genus, quoniam & plurimarum rerum cognitionem, & mo­rum probitatem non vulgarem postulat; Noluimus vel non parum providae esse salutis tuae, vel negligenter honoris nostri; quin virum tam probitatis laude in­signem, quàm cognitionis in re medica, usúsque laude commendatissimum, ad te mitteremus; eáque pro­pter è domesticis, è nostris ex eorum numero, qui cor­poris salutisque nostrae, secundùm Deumc, ustodes sunt, Robertum Jacob in Medicina Doctorem, virum lite­ratum, [Page] artis suae peritissimum, morum honestate pro­batissimum, ad te mittimus; non quia libenter eo ca­reremus, sed quoniam tibi, tanquam nobis, volumus & cogitamus facere benè: Eum ut pari cum gratia à nobis accipias, & honore merito prosequaris, etiam atque etiam rogamus, &c.

Serenissimae & Potentissimae Principi ac Dominae, Dominae Orinae, Imperatri­ci totius Russiae, &c.
Serenissima & Potentissima Princeps, Soror, Consanguinea, & Amica nostra charissima,

SIngularis, quae de insigni vestra prudentia, virtutibus rarissimis, & moribus tantâ Principe verè dignis, fa­ma circumfertur, crebro etiam sermone praestantis viri Doctoris Jacobi Medici nostri confirmata, facit ut Se­renitatem vestram vero animi affectu amemus, eique fausta & foelicia omnia ardenter optemus. Ideóque de valetudine & incolumitate vestra, non solicitae esse non possumus. Itaque non solùm (quod à nobis aman­ter petiit) Obstetricem expertam & peritam misimus, quae partûs dolores scientiâ leniat; sed Medicum etiam nostrum, qui nostram valetudinem curare solebat, prae­dictum D. Jacobum unà amandamus, hominem vobis anteà cognitum, fide plenum, ut Medicâ arte, in qua excellit, Obstetricis actiones dirigat, & vestrae valetu­dini fideliter inserviat, &c.

Dr. Theodore Goulston was born in Northampton­shire, bred in Oxford, made Fellow of Merton College An. Dom. 1596. and after took his Degree in that Ʋni­versity. [Page] In the 8th. year of King James his Reign, he was chosen Candidate of the College of Phyficians, being well approved by the President, Censors, and all the Fel­lows; the year following he was made Fellow of the same, and after Censor thereof.

His affection to the publick good and to the advance­ment of the faculty of Physick was such, that by his last Will and Testament he gave 200 l. to purchase a Rent­charge for the maintenance of an annual Lecture within the College of Physicians London. Which said Lecture was to be performed from time to time by one of the four youngest Doctors in Physick of the said College, and to be upon 2 or 3 or more Diseases, as the Censors should appoint or direct. And this Pathological Lecture to be read yearly in some most convenient season, betwixt Michaelmas and Easter, upon some dead Body (if possi­bly by any means such a Body could be procured) upon 3 days together, in the Forenoon and Afternoon of each of the said days. There are several of his Works extant, as his Paraphrasis & Tabulae in Aristotelis lib. 3. de Arte dicendi, 1619. and the same year, Aristotelis de Rhetor. seu Arte dicendi libri tres Graeco-Latini, &c. Galeni quaedam Graeco-Lat. Graeca recensuit, Latina de novo fecit, An. 1640. He died in the Parish of St. Martin's within Ludgate, London, in the late Reign of King Charles the First.

Dr. William Harvey, eldest Son of Thomas Harvey, was born at Folkston in the County of Kent, bred up to Learning, and sent from School to Caius College in Cam­bridge, from whence he travelled into Italy, studied at Padua 5 years, then took his Degree of Doctor in Phy­sick there, and after in Cambridge; His eminency and reputation were such, that he was made Chief Physician to King James and King Charles the First. He was [Page] admitted Candidate of the College An. Dom. 1604. and 3 years after, Fellow. Ʋpon the death of Dr. Davies, Reader of the Surgery-Lecture, Founded by the Lord Lumley and Dr. Caldwall; the Elects of the College (the week after) chose Dr. Harvey into that place. Who there Read those incomparable Lectures, de motu Cor­dis & Sanguinis in Animalibus; which he 9 years af­ter publish'd at Frankfort, viz. An. Dom. 1628. and Dedicated to Dr. Argent (then President of the Col­lege) and to the rest of his Collegues; who were not onely ocular witnesses of the truth of those experiments published in that Book, but earnestly solicitous to have them printed; as will appear by the following account taken out of his Epistle. Meam de motu & usu Cordis & circuitu Sanguinis sententiam, E. D. D. anteà saepius in praelectionibus meis Anatomicis aperui, novam: sed jam per novem & ampliùs annos, multis ocularibus de­monstrationibus in conspectu vestro confirmatam, & ab objectionibus doctissimorum & peritissimorum A­natomicorum liberatam, toties ab omnibus desidera­tam, à quibusdam efflagitatam, in lucem & conspec­tum omnium, hoc libello produximus; Quem nisi vo­bis transmissum E. D. D. minùs sperarem prodire posse integrum & tutum; cùm penè omnium illarum obser­vationum, ex quibus aut veritatem colligo, aut errores redarguo, è vobis plurimos & fide dignos appellare possum testes, qui dissectiones meas vidistis, & ocula­ribus demonstrationibus eorum, quae hic ad sensum palam assevero, assistere candidè & astipulari consue­vistis. Persuasissimum habui, quòd si coram vobis no­stróque Collegio tot tantisque viris doctissimis nobilita­to, propositum sustinere potuerim, ab aliis tum de­mum minus pertimescendum; & jam illud, quod mihi à vobis, ob amorem veritatis, contigit unicum [Page] solatium; ab omnibus aliis, qui similiter sint Philoso­phati, non minus esse sperandum.

This Book was so judiciously wrote, and solidly found­ed upon experimental demonstrations, as well as learned­ly defended against Riolan, Primrose, Parisanus, &c. that in a short time the Authour was no less styled, than merited the name of, immortal Harvey. Some few learn­ed men indeed were so invidious at the great reputation that this our learned Harvey had acquired, that they endeavoured to eclipse his glory, in pretending that Fa­ther Paul was the first Inventor of the Circulation; and Honoratus Faber was so vain, as to profess himself the Authour thereof. The first of these was most solidly and ingeniously confuted by the learned Doctor Charleton, in his Anatomic Lectures Read in the College Theatre An. 1682/3, and published An. Dom. 1683. And Ho­noratus Faber, by the great Jo. Alph. Borellus, in his Historia & Meteorologia Incendii Aetnei, Anno 1669. wherein he gives this short account about Faber's preten­sions to this great discovery. Cùm verò sit omnino in­credibile, & impossibile hominem Nobilem, religio­sum & pium ea quae vera non sunt asserere voluisse; nil aliud in ejus excusationem dicendum restat, nisi quòd cùm ingenio velocissimo praeditus sit, à celeritate ipsa quâ aliena legit, & propria scribit, multoties decipiatur. Quod aliàs ei contigisse non erit supervacaneum osten­dere; ut inde pateat solemne ei esse Auctores alicujus nominis furti insimulare, hâc solummodo de causa, quia cursim & oscitanter eorum opera legit. Si enim patienter & debitâ attentione dignatus fuisset legere ea quae spatio 38 annorum edita fuerant, & vulgatissima per Universam Europam erant, proculdubio non scri­psisset Anno 1666. lib. primo de Homine Prop. 2. se circulationem sanguinis invenisse & docuisse ab Anno [Page] 1638. antequam Gul. Harveii exercitatio anatomica de motu Cordis prodiret; quem pariter multa Fabri inventa in suis exercitationibus inseruisse affirmat; Omnes enim sciunt Harveium, Anno Dom. 1628. Francofurti typis Gual. Fitzeri suam exercitationem primùm edidisse; scilicet decem annos antequam Cl. Fabri sanguinis circulationem docuisset.

An. 1627. This great and learned Man was chosen one of the College Elects; and in the year 1651, a se­cond Book of his was printed, viz. his Exercitations de generatione Animalium, de partu, de membranis ac hu­moribus uteri, & de conceptione. For the publication of which, both the present and future Ages are highly indebted to that great ornament of our College, Sir George Ent, as may fully appear in that excellent Epistle which he hath dedicated to the President and College, and published before that incomparable Book. In which, he having given the Character of Doctor Harvey, with an account of many things relating to his Life (and that in so elegant and polite a style) I could not omit the transcribing of it, in his own words. Harveum, mag­num virum, Collegiique nostri summum decus & or­namentum, non procul, eo tempore, ab Urbe com­morantem, naturae rerum perscrutandae intentum re­perio, & vultu hilari alacrique animo, Democriti in­star, cuncta investigantem. Tum ego protinus: Sa­tin' salva omnia? Quî possint, ait, ubi turbarum plena Respublica, egóque adhuc ipsemet in alto mari? Et profectò (addidit) nisi studiorum solamen, rerúmque olim à me observatarum recordatio animum mihi re­ficerent; nihil est cur ultrà superesse cupiam, &c. Ego excipiens, hujusce rei hanc causam reddidero, inquam; quòd, dum alii plerique aliorum cerebro sapiunt, & à veteribus tradita (addito variae dictionis, novaeque methodi mangonio) pro suis venditant; tu semper, [Page] de Naturae arcanis, Naturam ipsam consulere malue­ris. Ipse enim (memini) aliquando mihi narrabas, nunquam te Animalis cujuspiam dissectionem institu­isse, quin aliquid in eo inexpectatum repereris, de quo tibi anteà nulla cogitatio. Ita est, inquit; placuit mi­hi semper ipsorum Animalium inspectio; indéque non modò levia naturae arcana, sed ipsius Creatoris sum­mi imaginem quandam indipisci nos posse, sum arbi­tratus. Et ut multa olim à doctis viris reperta sint, crediderim tamen longè plura abscondi adhuc in im­pervestigabilis Naturae obscurâ nocte: miratúsque sum saepenumerò, imò risi eos, qui ab Aristotele, Galeno, aut alio aliquo nomine, omnia consummata adeò atque absoluta crederent, ut nè hilum quidem superaddi pos­sit. Natura equidem ipsa est arcanorum suorum fi­dissima interpres; quae in uno genere, aut pressiùs aut obscuriùs exhibet; ea clariùs & potentiùs in alio ex­plicuit. Nemo sanè de partis alicujus usu sive officio rectè determinaverit; qui ejus in pluribus animalibus, fabricam, situm, annexa vasa, aliáque accidentia non viderit, secúmque diligenter pensitaverit, &c. Viri e­ruditi plurimi (dixi) quibus indefessum tuum in ex­colenda Philosophia studium exploratum est, ulteriora tua experimenta avidè expectant. Harveus subridens, Ergóne autor sis, ait, ut è portûs hujus (in quo dego) tranquillitate, me dem iterum in infidum mare? Nô­sti, quantum turbarum pristinae meae lucubrationes con­citaverint, &c. Imò verò, respondi, virtuti id praemi­um usitatum est, ut benè merenti malè rependantur gratiae. Ostendit mihi exercitationes de generatione Animalium, ingenti labore elimatas; & concedo ti­bi, inquit, scripta haec mea vel continuò edendi vel imposterum supprimendi liberam potestatem. Actis eam ob rem plurimis gratiis, valedixi; abiique, ceu [Page] Jason alter, vellere aureo ditatus. Domum autem re­versus, dum singula perlustro, mirabar equidem tam ingentem the saurum tamdiu absconditum latuisse: &, dum alii apinas, tricásque, & cramben bis (imò cen­ties) coctam magno cum fastidio exhibent, virum hunc eximias suas observationes tam parvi facere. Enim­vero quotiescunque nova inventa depromit, haud mul­torum more se gerit; nempe, tanquam loquatur quer­cus, aut lactis gallinacei haustulum propterea merea­tur; sed quasi fortuitò, aut facili negotio in res illas incidisset; quas nihilominus datâ operâ, studióque in­defatigabili rimatus est. Candoris etiam eximii hoc argumentum est, quòd nullius Autoris nomen lacessat, sed suam ubique pacatè proferat sententiam. Dicere enim solet, indicium esse causae non bonae, pro eâdem rixosè acritérque contendere: veritatem autem patro­no non indigere. Cúmque facilè potuerit integrum hoc opus de suo texere; maluit tamen (evitandae in­vidiae ergô) Aristotelis & Aquapendentis ductum se­qui, tanquam ipsemet subtegmen adderet. De eo haud dicam amplius, vobis praesertim, quibus Virtus, Candor, & Ingenium illius optimè perspecta sunt.

These two Books are of that great and admirable use in our Profession, that without a diligent reading and un­derstanding of them, we must remain egregiously ignorant in many material points relating to it. As particular­ly may appear in his Book de motu Cordis & Sangui­nis in Animalibus; In which he hath refuted that er­rour of the Ancients concerning Attraction, and given a most clear account, how the nourishment is conveyed to all parts of the Body; how Medicines (although out­wardly apply'd) have often so considerable an effect up­on the body; And how Contagion, either from the biting of a Mad Dog, Serpent, or otherwise in the Lues Ve­nerea, [Page] should vitiate the whole habit of the body, with­out hurting the part touched; And how, after the wound is healed should procure those dreadfull symptomes so long after: All which, and many Problemes more, he hath ingeniously solved by this Doctrine of the Circulation of the Bloud, which hath conveyed the different particles transmitted into it, through the whole Body, and there­by produced the symptomes attending the forementioned Diseases. This Doctrine is of that great use, that with­out it we can give no rational account of the causes of many Distempers, nor the operation of Medicines, &c.

In his Exercitations de generatione animalium, af­ter he hath given the Anatomy of the parts serving for generation in the Hen, he acquaints us with the formati­on and growth of the Egg, and afterwards with the se­veral parts whereof it consists; He then proceeds to give an account how the Chick is formed, which he observed by a daily inspection of the Eggs, during the time of In­cubation; and was the first who discovered that the ori­ginal of the Chick was from the Cicatricula: He then gives an account in what order the several parts appear, and confutes a multitude of errours delivered by former Writers, proving, that the punctum saliens is the heart, that Bloud is not formed by the Liver, because its Pa­renchyma is formed after, and of the bloud, and grows to the bloud-Vessels; Nor yet by the Heart, because that is not in being, till some time after the Bloud; He proves, that all the Viscera at their first formation appear white; that the Veins are the first conspicuous foundation, as it were, of the whole Body; that the division of the parts into Spermatical and Sanguineous is ridiculous, since all come from the same original. He delivereth an ac­count of the parts serving for Generation in Deer, and how the Foetus is formed; He acquaints us that no­thing [Page] is to be found in utero, for a considerable time af­ter coition; and how Analogous Conception is to an Egg, and that it is some time in utero, before it is affixed to it: He takes notice of several memorable things con­cerning the generation of other Animals, both Oviparous and Viviparous. In speaking of the formation of the Humane Foetus, he delivereth several curious observati­ons, made on Abortions of several Ages; as also instan­ces of Superfoetation, Hermaphrodites, of a Foetus found in Tuba uteri, &c. When he discourseth de partu, he gives very strange and memorable instances, to shew how much the Foetus doth conduce to its own birth. Besides these, there are several remarkable observations scatter­ed through the whole Book; as de partu difficili, de gra­vidatione falsa, de ulcere uteri, de uteri procidentia, &c. As also, de Uteri membranis, humoribus, placenta, de conceptione, de calido innato, de humido primigenio, &c. Of his Cure of a Sarcocele of that bigness, that none durst undertake the cure, either by Cutting or other­wise; which he happily performed by tying the Artery, and thereby depriving it of nourishment; By which means it was afterwards easily extirpated.

This great and learned Man designed to have made the World (and especially his own Faculty) happy in several other Learned Treatises. As,

A Practice of Physick conformable to his Thesis of the Circulation of the Bloud.

Tractatus de pulmonum usu & motu, de eventilatio­ne omni, aerisque necessitate & usu; de variis & differentibus organis hujus causâ in Animalibus fac­tis.

Tractatus de quantitate sanguinis in unoquoque aut singulis pulsationibus protrusâ, & quando plus & quan­do [Page] minus, & qua de causa; itidem de Circuitûs cau­sis, utilitatibus, & sanguinis arcanis.

Observationes, de usu Lienis.

Exercitationes, de respirationis causis, organis & usu.

Observationes, de motivis Organis Animalium & de Musculorum fabrica.

Tractatus de Animalium amore, libidine & coitu.

Observationes Medicinales, de Herniae carnosae cura­tione, aliisque curationibus praeter vulgi sententiam & methodum foeliciter peractis.

De nutritionis modo.

Historia multorum Animalium, praesertim Insecto­rum, ab inconspicuis prae exiguitate principiis & semi­nibus (quasi atomis in aëre volitantibus) à ventis huc illuc sparsis ac disseminatis, ortorum.

Anatomia Medica ad Medicinae usum maximè ac­commodata, ubi ex multis Dissectionibus corporum aegrotorum gravissimis & miris affectionibus confec­torum; quomodo & qualiter partes interiores in situ, magnitudine, constitutione, figurâ, substantiâ, & reli­quis accidentibus sensibilibus à naturali forma & ap­parentia permutentur, & quàm variis modis & miris afficiantur, enarrare susciperet.

An. 1654. Dr. Harvey (though absent) was chosen President of the College; who, coming the next day, own­ed his great obligation to the Electors, for chusing him into a Place of the same Honour and Dignity; as if he had been elected to be Medicorum omnium apud Anglos princeps; but that his Age and Weakness were so great, that he could not discharge the duty incumbent upon that great Office; And therefore requested them to chuse their former Learned President Dr. Prujean, who [Page] had been highly serviceable to the College, in his former discreet and prudent government.

About two years after, this Learned and Bountifull old Man came to the College, and after his making an Elegant Speech, he presented them with publick Instru­ments in Writing, whereby he gave them his Land of Inheritance to College uses for ever; and then resigned his Lecturer's Place (which he had for many years per­formed with great honour) into the hands of that Learn­ed and incomparable Anatomist, Sir Charles Scarburgh. About a year after, this our immortal Harvey died in the 80th year of his Age, at whose Funeral attended all the Members of the College.

Not long after his death, the following Character of this great Man was drawn up, and is now to be seen at the College in a Copper-plate, under his Picture.

Gulielmus Harveus
Anglus natu, Galliae, Italiae, Germaniae, hospes,
Ubique amor, & desiderium,
Quem omnis terra expetîsset civem,
Medicinae Dr. Coll. Med. Lond. Socius & Consiliarius,
Anatomes, Chirurgiaeque Professor,
Regis Jacobi familiae, Carolóque Regi Medicus,
Gestis, omissique honoribus, clarus;
Quorum alios tulit, oblatos renuit alios,
Omnes meruit;
Laudatis priscorum ingeniis par;
Quos honoravit maximè imitando,
Docuitque posteros exemplo,
Nullius lacessivit famam, veritati studens, magis quàm gloriae,
Hanc tamen adeptus,
Industriâ, sagacitate, successu, nobilis
Perpetuos sanguinis aestus circulari gyro,
[Page] Fugientis, séque sequentis,
Primus promulgavit mundo;
Nec passus ultrà mortales sua ignorare primordia,
Aureum edidit de ovo atque pullo librum,
Albae Gallinae filium:
Sic novis inventis Apollineam ampliavit artem,
Atque nostrum Apollinis Sacrarium Augustius esse
Tandem voluit;
Suasu enim & curâ D. D. Dni Franc. Prujeani Praesidis &
Edmundi Smithi Electoris
An. MDCLIII.
Senaculum, & de nomine suo Museum, horto superstruxit,
Quorum alterum plurimis libris, & instrumentis Chirurgicis,
Alterum omnigenâ supellectile ornavit, ac instruxit,
Medicinae Patronus simul & Alumnus:
Non hîc anhela substitit Herois virtus, impatiens vinci,
Accessit porrò Munificentiae decus;
Suasu enim & consilio Dni Dris Edv. Alstoni Praesidis,
An MDCLVI.
Rem nostram angustam priùs, annuo LVI. l. reditu
Auxit;
Paterni fundi ex asse Haeredem, Collegium dicens,
Quo nihil illi charius, nobisve honestius:
Unde aedificium sartum tectum perennare,
Unde Bibliothecario Honorarium suum, suúmque Oratori
Quotannis pendi;
Unde omnibus Sociis Annuum suum Convivium,
Et suum deni (que) (quot menses) Conviviolum Censoribus parari
Jussit:
Ipse etiam pleno theatro gestiens se haereditate exuere,
In manus Praesidis Syngrapham tradidit,
Interfuit (que) Orationi veterum Benefactorum novorúm (que) Illicio,
Et Philotesio Epulo:
[Page] Illius, auspicium & pars maxima;
Hujus Conviva simul & Convivator.
Sic postquam satis sibi, satis nobis, satis gloriae,
(Amicis solùm non satis, nec satis patriae) vixerat,
Coelicolûm Atria subiit,
Jun. iijo MDCLVII.
Quem pigebat superis reddere, sed pudebat negare:
Nè mireris igitur Lector,
Si, quem marmoreum illic stare vides,
Hîc totam implevit tabulam.
Abi & merere alteram.

Doctor Baldwin Hamey, Son of Doctor Baldwin Hamey, was born at London, took his Degree of Doctor in Physick at Leyden, was admitted Candidate of the College An. Dom. 1630. and three years after Fellow; After which he was chosen Censor, Anatomy-Reader, Elector, Register, and Consiliarius; and though often President, yet he always refused that Office. His affections were such to the College, that he was not onely a liberal and great Be­nefactour to that Society himself, but encouraged his Friends to be the same, as particularly Mr. Francis Tyron Merchant Drug­gist of London, who gave 250 l. to the College, to be disposed of to certain uses mentioned in his Deed of Gift: He presented the College with a most delicate and curious Ʋnicorn's Horn, which being richly adorned with Plates of Gold, was Presented by the College to His Sacred Majesty, upon his happy and glorious Re­stauration to his Crown and Dignity. After the dreadfull Fire of London (in which the College was reduced to Ashes) he gave at least 200 l. towards the building of a new one; And what he farther gave to this his beloved Society (together with his de­served Character) is so admirably and elegantly described by our learned President Doctor Whistler, in the College Annals, that I shall give the account thereof in his own words.

Sciant posteri, quòd Baldwinus Hamaeus, Baldwini [Page] filius, Musarum ac Apollinis, dum vixerat, deliciae erat. Tam sciens Latinae linguae; non ipsum Latium magis Latinum fuerat; tam Graecae, non ipsae Athenae magis Atticae. Moribus ac vivendi regulâ ad amussim compositus. Olim diúque hujus Collegii Socius, tan­dem saepius Censor, denique Registarius. Praesidis mu­nus saepius oblatum, semper noluit. Equitis aurati à Regia Majestate non semel obtinendum titulum cum gratiis non voluit; nè Doctoratûs excellentiam contami­naret. Acceptis simul ac repudiatis Honoribus inclytus. Sub Hasta Collegium iniquitate temporum positum, Pater hic, non sibi, sed Collegio magno impendio re­demerat. Postulante necessitate in omnibus sumptibus faciendis publicae utilitati, cum primis munificum se ostendebat. Totum Coenaculi nostri intestinum Opus tam ornatè, tam affabrè exstructum propriis sumptibus consummavit. Supremis tabulis Collegium lautissimo­rum duorum praediorum Haeredem reliquit, nè vita ni­mium desideraretur.

The College had that sense of their great obligations to this their noble and worthy Benefactour, that near 20 years before his death, the following Decree was made in their publick Comitia: Omnibus Collegis Bonum factum visum est, ut, in gratitudinis testimo­nium, Tabula marmorea in honorem Doctoris Hamaei (ut pote insignis Benefactoris) in Bibliotheca Harveana extruatur.

Dr. Francis Glisson was born in Dorsetshire, educated in Caius College in Cambridge, was made Doctor in Physick in that Ʋniversity, and after, publick Professour; which place he continued in for about 40 years. He was admitted Candidate of the College Anno Dom. 1634. and Fellow the year following. He was chosen Anatomy Reader in the College Anno 1639. His Lectures De mor­bis [Page] partium were so highly valued and tended so much to the honour of the College, that he was particularly re­quested to make them publick, as appears in his Epistle printed before his book De Hepate An. Dom. 1654. which was 13 years after his Reading: the account of which he thus gives. Placuit Amicis praesentibus rei novitas, & quae inde verisimiliter in rem Medicam profectura esset utilitas; mihique acriter institerunt, ut quae intra privatos Collegii cancellos exhibuissem, quamprimum id commodè fieri posset, publici juris fa­cerem. In this book he hath given a more exact descrip­tion of the Liver and its several vessels than any Anato­mist before him: Amongst many other things most worthy of observation, the discovery of the Capsula communis or vagina portae is owing to him, who hath likewise gi­ven us certain rules for the more easie distinguishing of the Vena Cava, Porta & Vasa fellea in excarnating the Liver. He hath given such an excellent account of san­guification (discharging the Liver from that office) and proved it by so good arguments and clear experiments, that few have since doubted the truth thereof. He ac­quaints us, how by the continual concoction of the bloud, the bilis is necessarily produced, and separated from the bloud, and gives the reasons of its bitter taste. He gives an admirable account of the Lympheducts, dis­courseth about the Succus nutritius with the manner of its conveyance, and offers his conjectures about the use of the Spleen and other Glands, &c.

An. Dom. 1650. He published to the World an ac­count of the Rickets (being assisted therein by 2 of his Fellow Collegues, the learned Dr. Bate, and Dr. Rege­morter) In which, we have not onely the original, causes, symptomes and method of curing that disease de­livered, but also a most admirable collection of many [Page] Anatomical observations, discovering how the several Viscera of those that died of this disease, were affected.

In his book De ventriculo & intestinis, (which was dedicated to the Ʋniversity of Cambridge and to the College of Physicians, as that likewise De Hepate) prin­ted An. Dom. 1677. He discourseth of the Cutis & Cuticula, with the several colours which are observable in Hair; and there delivereth several ingenious Pro­blemes. He discusseth in that book many considerable questions concerning Rumination, and why some Animals have more Stomachs than one, as likewise concerning the structure, tenacity and various uses of fibres: He ac­quaints us with his thoughts that the Stomach and Guts are not wholly made up of Membranes (as most have for­merly supposed) but have a considerable quantity of Paren­chyma, which he conjectureth to be glandulous. He ex­amineth the nature of hunger and thirst, and sheweth wherein they specifically differ from the other 5 senses: He proceeds to shew the manner of deglutition, concoction, distribution of the chyle, secretion, &c. concluding with an Appendix concerning fermentation. Throughout the whole book there are abundance of ingenious questions discoursed of, some of which relate to diseases; as the dif­rences, causes and signs of flatus's, what are the most proper discutients of them; of Hypochondriack flatus; of the parts affected in a Rheumatism, as also of febrile and malignant ferments, &c.

He wrote also another excellent book in quarto before this, De vita naturae, which having no such particular relation to our Faculty, I have at present pretermitted. He was chosen one of the Elects An. Dom. 1655. was several years President of the College, and died Anno Dom. 1677.

[Page] Sir John Micklethwait was admitted Candidate of the College An. Dom. 1642. the year after Fellow; and the year following (though absent) chosen Reader of Dr. Goulston's pathological Lecture. The learned Dr. Clerk long President of the College, had that esteem and value for those excellent accomplishments of mind and body, with which he was endowed, that he married him to his eldest daughter. He was of that repute in the College, that they chose him no less than 7 or 8 times Censor, employed him in most of their Committee affairs, made him one of their Elects Anno Dom. 1659. and after that, Treasurer of the College; and then Presi­dent, which office he continued for 6 years and died Pre­sident. He was Physician for many years to the 2 famous Hospitals of Christ-church and St. Bartholomew's, and in the time of his Sacred Majesty's late sickness at Wind­sor, was sent for by an Order of Council, where he beha­ved himself with that gravity, prudence and judgment in his profession, that the King (as a signal mark of his Roy­al favour) Knighted him, and was (as I am informed) much concerned at his death. He was a man of great eminency and reputation in his profession, especially a­mongst the Nobility and persons of the best Quality in Court and City. His Piety towards God, and Charity to the poor was very exemplary, and therefore no wonder that his death was so universally lamented. I had the honour and happiness to be so intimately acquainted with him, that I cannot give him a less character, than what the learned Dr. Caius hath given of Dr. Butte. Vir gra­vis, eximiâ literarum cognitione, singulari judicio, summâ experientiâ, & prudenti consilio Doctor. He died of an Inflammation and Gangrene in his bladder in the 70th year of his age, was buried in the Parish Church of St. Botolph's Aldersgate, at whose Funeral attended [Page] Sir George Ent the Praeses natus of the College, with the rest of the Members in their Formalities. The fol­lowing inscription is entred upon a Marble in that Church, to the memory of this grave, wise and learned man.

M. S.
Heic juxtà Spe plena resurgendi situm est
Depositum mortale
Joannis Micklethwaite Militis,
Serenissimo Carolo Secundo à Medicina
Qui, cum primis solertissimus, fidissimus, felicissimus,
In Collegio Medicorum Londinensium
Lustrum integrum & quod excurrit,
Praesidis provinciam dignissimè ornavit;
Et tandem emenso aetatis tranquillae stadio,
Pietate sincerâ,
Inconcussâ vitae integritate,
Benignâ morum suavitate,
Sparsâ passim Philanthropiâ
Spectabilis,
Miserorum Asylum,
Maritus optimus,
Parens indulgens,
Suorum luctus,
Bonorum omnium Amor, & Deliciae,
Septuagenarius senex
Coelo maturus,
Fato, non invitus cessit
iv. Kal. Augusti Anno Salutis MDCLXXXII.
Caetera loquantur
Languentium deploranda suspiria,
Viduarum ac Orphanorum
Propter amotum Patronum profundi gemitus
Pauperúmque,
[Page] Nudorum jam, atque esurientium
Importuna viscera,
Monumenta, hoc marmore longè perenniora.
Moerens posuit pientissima Conjux.

Dr. Thomas Wharton was bred in Pembroke Hall in Cambridge, took his Degree of Doctor in Physick in the Ʋniversity of Oxford, was admitted Candidate of the College An. Dom. 1647. and Fellow 1650. After which, he was chosen Censor 5 or 6 years, and in the year 1656. published an excellent book, which he called Ade­nographia sive Glandularum totius corporis descriptio, which he dedicated to the College of Physicians and in particular to Dr. Hamey, Glisson, Bathurst, and Sir George Ent. In which he hath given a more accurate de­scription of the Glands of the whole body, than was former­ly done; and whereas Authours had ascribed to them very mean uses (as supporting the divisions of Vessels, or im­bibing the superfluous humidities of the body, &c.) He assigned them more noble and considerable uses, as the preparation and depuration of the Succus nutritius, with several other uses belonging to different Glands as well for conservation of the individual, as propagation of the Species. Amongst other things, we ought particularly to take notice of his being the first who discovered the Ductus in the Glandulae Maxillares, by which the Saliva is conveyed into the mouth. He hath given also an admi­rable account of morbid Glands and their differences, and particularly of Strumae and Scrophulae; how new Glands are often generated; as likewise of the several diseases of the Glands of the Mesentery, Pancreas, &c. which opinions of his, he often illustrates by Anatomical ob­servations. He was a man of eminent esteem and practice in the City, where he raised a considerable estate, and [Page] died much lamented by his own faculty as well as others.

The Right honourable Henry Lord Marquess of Dor­chester, Earl of Kingston upon Hull, and Viscount Newark, &c. was born at Mansfield in the County of Nottingham Ann. Dom. 1606. and created Marquess of Dorchester by K. Charles I. at Oxford, An. 1645. His Father was Robert Pierrepont of Holme Pierre­pont Esquire, the ancient seat of this most ancient fami­ly; who was created Viscount Newark and Earl of King­ston by his late Majesty Anno 1633. His Mother was Gertrude Talbot, of the noble house of Shrewsbury; and had she been male, had born her self that title.

From his youth he was very much addicted to books; he spent some time in Emanuel College in Cambridge, and for many years seldom studied less than 10 or 12 hours every day; insomuch that he had early passed through all manner of Learning both Divine and Hu­mane, as the Fathers, Schoolmen, Casuists, the Civil and Canon Law; and was reasonably well versed in the Common Law; So that he did no small honour to that pro­fession in being admitted a Bencher of Gray's-Inn, where he performed his exercise of reading in the Hall before his admission, and then treated the Benchers, Baristers and Students of that Inns of Court, with a noble and sumptuous dinner.

In the year 1649. He found himself of an ill habit of Body, caused (as he conceived) by a long sedentary course of life, and trouble of mind for the barbarous and inhumane murther of his Sovereign, and the deplorable condition the Nation was in: He was recovered from this Chronical distemper, by the advice of the learned Dr. Harvey, Sir Francis Prujean, Sir Charles Scar­burgh, and others; who in a short time brought him a­gain to a good state of health. After which that he [Page] might be as carefull to preserve it, as he had been to ob­tain it, he (at the age of about 43) applied himself to the study of Physick: And though he fell to this study late, yet no man ever began upon a better foundation, nor pursued it with greater application; he having then gone through the whole body of Philosophy, Mathematicks and all other Learning. After he had for some years dili­gently applied himself to the study of Physick and Anatomy, His Lordship An. Dom. 1654. presented the College of Physicians with 100 l. to be laid out in books; which I find thus entred in our College Annals, Henricus Mar­chio Dorcestrensis, cujus insignis peritia & inde­fessa studia in utroque Juretam Municipali quàm Civili, in Mathematicis, in Medicina, & ad ipsam spectanti­bus Chymicis Anatomicisque artibus, cum illustribus titulis de Victoria certant; centum libris in libros emendos erogandis, Museum Harveanum, primus, magnificéque cohonestavit: An. Dom. 1658. He was admitted Fellow of the College; a short account of which being entred by the learned Sir George Ent (then Re­gister thereof) I have here transcribed in his own words, Die Julii 22 An. Dom. 1658. Illustrissimus Vir, Mar­chio Dornaviae proponitur eligendus Socius; omnésque Socii praesentes in illius admissionem laetis animis suf­fragantur. Mox Dr. Scarburgh à Praeside ad id mu­neris designatus, tum illius virtutes, animúmque verè Heroicum; tum honorem hoc facto in Societatem no­stram collatum, eleganti oratione extulit. Ipséque Marchio, Artis Medicinae praestantiam, decúsque ac laudem sibi à Collegio concessam, breviquidem sed ner­vosâ oratione apertè professus est: Simul Statutis no­stris nomen suum adscripsit; pollicitúsque est, se Colle­gii statum ac dignitatem sartam tectam pro viribus conservaturum: tandémque bellaria in praesentes om­nes [Page] liberalissimè effudit. This most illustrious and lear­ned Nobleman, in his Latine Oration made in the pub­lick Hall of the College upon his admission into that So­ciety expressed a great value for the Art of Physick, which (he said) many Princes and great men had highly esteemed, and made profession of; And that for his own part, he took it for the greatest honour (next to that conferred upon him by his Majesty) to be ranked amongst them; which esteem he continued to that Lear­ned Society to his last end; He having often been heard to say, that he did believe them the Learnedst Socie­ty of their profession in the World; and therefore as a testimony of his value for them, he left them the best Library for Physick, Mathematicks, Civil Law and Phi­lology, in any private hand in this Nation, for a choice collection of books, to the value of above 4000 l. Which Library after the Marquess's death, was presented to the College by his daughter the Right honourable the Lady Grace Pierrepont; Her Honour knowing it to be her Father's intention, in his life time.

In short, this Noble and great Lord was a man of that exemplary Loyalty to his Prince, and of those great at­tainments and proficiency in Learning, that he merits a just volume to set forth his deserved praises. He died upon the 8th of December An. Dom. 1680. in the 74th year of his age, of a Gangrene and mortification in his left Leg; which proceeded from an inflammation procu­red by the rubbing off a little skin on that heel. He was carried some time after he had lain in state at his house in Charter-house yard, to his ancient seat of Holme Pierrepont near Nottingham, where he lies interred a­mongst his Ancestours.

Dr. Thomas Willis was bred in Christ-church in Ox­ford, and in the time of the late Rebellion was one of [Page] those Scholars who voluntarily listed himself (in the Aca­demick Regiment) to serve his Sovereign; in which ser­vice he continued for many years, till that Garrison was surrendred. After which, he applied himself to the study of Physick; retaining still that affection to the Go­vernment of the Church of England, that when our Li­turgy was thrust out of our Churches, and it was rendred criminal to attend its Worship; he dedicated part of his house to those holy uses, that so the publick Prayers and Offices of the Church might be there performed; where he constantly attended twice a day, and had several friends with him thrice a week; there being likewise a Sermon preached and a Sacrament constantly administred the first Sunday in the month.

He during those unhappy times improved very highly not onely in the knowledge, but likewise in the practice of Physick, being more admired and sought to than any of his Contemporaries in that Ʋniversity, but still resolved that he would not take his Degree under the then preten­ded Government. He wrote during his Majesty's exile those most incomparable Tracts De fermentatione, de Febribus, & de Urinis; which he published An. Dom. 1659. In which book, he hath shewed himself to have been no less versed in Chymistry than in other parts of Natural Philosophy, having ingeniously asserted and ra­tionally proved, that the generation, perfection and cor­ruption of Natural as well as Artificial Bodies, do depend upon fermentations according to the different proportion and motion of their constituent principles, viz. Spirit, Sulphur, Salt, Water and Earth. According to these principles he hath given us the Analysis of the bloud, with a new Hypothesis of Fevers and excellent observa­tions concerning them. In his Epistle before his Tract De Febribus, he gives this account, for instituting a [Page] new doctrine of Fevers: In re medica (idque jure me­rito) non ea nostris, quae prioris aevi hominibus placu­ere: quippe veteres, supposito circa motum sanguinis falso, innixi; velut per lubricum & loca paludosa prò­cedentes, saepius foedè, nec minùs periculosè lapsi sunt. Quare ex quo insignissimus Harvaeus noster circulati­onem sanguinis tanquam novum in Medicina funda­mentum posuit, nihil mirum si instaurandam penitus [...], & fulcimentis veteribus collapsis, aedificium ab ipso solo (quod aiunt) reficiendum curaverint posteri. Olim inter antiquos, prout humoris nutritii, sanguinis, & succi nervosi distributio & motus naturales, ita eo­rundem praeternaturales, & effervescentiae febriles om­nino in abstruso & tenebris latuerunt: Nunc verò cùm nova affulserunt lumina, & priùs abditas rerum causas novisse datum est; minimè decet viros prudentes, & Philosophiam professos, usque clausos tenere oculos, atque in luce ipsa etiamnum caecutire: praesertim verò circa morbum, à quo tertia pars mortalium usque ho­die cadit, malle cum antiquis errare, quàm cum Neo­tericis verum sentire, aut verisimiliter opinari, animum insignis pervicaciae reum arguit. Cùm itaque prioris Medicinae [...], basin instabilem & minùs fir­mam habere; atque huic plurima erronea & planè fal­sa superstrui facilè sit ostendere, quid obstat quin nos principia certiora nacti, circa Febres scientiam meliorem eruere conemur, &c. He hath likewise in this book given us the Chymical Analysis of Ʋrine, as also an account of the quantity, colour, consistence and contents of the Ʋrines of healthfull and sick people, with several methods of exa­mining them by distillation, evaporation, precipitati­on, &c. and also discovered the great uncertainty of Ʋro­mancy in several diseases.

[Page] About a year after his publication of this book, his Sa­cred Majesty was restored to his Crown and People; after which, he took his degree of Doctor in Physick and was chosen Professour of Natural Philosophy; Ʋpon which, notwithstanding the multiplicity of his practice, he sel­dom failed for a considerable time of Reading once a week (in Term time) such Lectures as invited more than an ordinary number of the most ingenious young Students and others of the Ʋniversity to be his constant Auditors. Whilst he continued at Oxford he published 2 other ex­cellent books, One his Cerebri Anatome printed An. Dom. 1664. the other, De morbis convulsivis printed An. 1667. In the first of which, he hath given us a far more accurate Anatomy of the Brain than any before ex­tant, and his ingenious conjectures about the uses of its several parts, particularly the oblique ascension of the Carotid Artery, and the cavity formed by the Sinus late­rales before they enter the Jugular Veins. His distinction of the Nerves is worth remark, viz. that some of them arise from the Brain, which are serviceable to voluntary motion; Others from the Cerebellum, which furnish spi­rits for involuntary: He hath also traced the Nerves, which are inserted into all the Viscera, and by laying open their different originations, plexus's and ramifica­tions hath given us a much clearer account of the sympa­thies of the several parts of the body either in their natural or preternatural State, than any we had before. He hath likewise in this book, given a most ingenious account how the Animal spirits are generated and instilled into the Brain, how their faculties are performed, how nutrition is caused and distributed, with many things more relating to sense and motion and the explication of several abstruse diseases, highly ingenious and probable. [Page] He hath carried on his Hypothesis about the Nerves, and given a very rational account of the affections of the Head, with their several causes and cures; and particularly in his Treatise De morbis Convulsivis, he hath shewn us, how much former Authors have been mistaken in their notions concerning Hysterical and Hypochondriacal affecti­ons; and that the most rational account that can be gi­ven of the symptoms attending those distempers, is by attributing them to convulsive motions: He likewise conjectures, that the Colick, Tympanites and some sorts of Asthma's are in great part nervous distempers, and then finisheth that book with a most ingenious and excellent dis­course of the Scurvy, as to its causes, differences, Diagno­sticks, Prognosticks, Symptomatical diseases, deriving their Original from it; with the different methods of cure.

An. Dom. 1667. He left Oxford and came to London, where he immediately fell into a very large and full prac­tice; notwithstanding which, he found time to write seve­ral excellent and usefull books; as one against Dr. High­more in defence of his Hypothesis De Hysterica affectione & Melancholia Hypochondriaca; with 2 other Tracts De sanguinis accensione & motu musculari; After that, he wrote a most Learned book De Anima Brutorum & mor­bis Capitis; then his 2 last, viz. his Pharmaceutices Ra­tionalis pars prior & posterior; In which he hath given us a most accurate account of the Anatomy of the Sto­mach and Intestines with their several coats; as also a description of the several Membranes that compose the Veins and Arteries; likewise an excellent Anatomy of the Lungs; To which he hath added a rational account of the operation of Medicines, whether Emetick, Cathartick, Diaphoretick, Cardiack, Thoracick, Epatick, or Opiate; and endeavoured to render them intelligible by Mecha­nical [Page] principles. He hath also (in those books) dis­coursed of the diseases of the Breast, Liver and Spleen; as likewise concerning Phlebotomy, Haemorrhagies, Issues, Vesicatories and Cutaneous diseases, illustrating the whole with many curious observations. The first of these books which he published An. Dom. 1674. he dedicated to the College of Physicians. Ʋpon which dedication the College passed the following Vote, Placuit omnibus, ne­mine refragante, ut summae gratiae habeantur Doctori Willis ob Pharmaceuticem Rationalem Collegio datam.

I shall finish my present History of this pious, learned and great man with part of that excellent and deserved Character given him by the Learned and Reverend Pre­late the present Bishop of Oxford, in a Postscript to the Preface before the Doctor's second part of his Pharma­ceutice rationalis. Dum haec prelo subduntur, tristissi­mus affertur nuncius, Autorem immortalitate dignissi­mum, pleuritidis ineluctabili impetu oppressum, è vi­vis excessisse, nec profuisse Domino artes, quae aliis omnibus profuerant: Dabit veniam Lector, si memo­riae tam sacrae aliquantisper parentemus; nec superva­cuum ducet paucis audire, qualis ille vir fuerat, qui talia scripserat: porrò intelligere gestiet, quàm bonus erat ille, qui tam doctus; quàm etiam in pietatis praxi ex­ercitatus, qui in praxi Medica versatissimus—

Pientissimae animae divini numinis cultus eadem us (que) cura insederat, & quandoquidem horis Canonicis in Ecclesia Parochiali Aedibus suis vicinae precibus publicis per negotia interesse non liceret; ut officia sacra primo mane & sero vespere ibidem celebrarentur, procuravit; iisque, negotiis quibuscunque frustra reclamantibus, semper ferè vacavit. Insuper cùm videret institutum il­lud utile admodum fuisse pluribus, qui in vicinia pariter [Page] toto die in mercatura aliisque artibus exercendis distrin­gebantur, Sacerdotem id munus per futura secula obi­turum idoneo salario dotavit.

Sed leve hoc documentum egregii in pietatem animi. Quanquam ipso nemo magis frugalis & ad rem attentus, nemo magis munificus; omnia scilicet sibi, nihil autem pauperibus & miseris negaverat. Praeter illa quae pro­priâ manu elargitus est, Eleemosynarios & dispensato­res in Urbe, Rure & Academio sparsos habuit. Rem multis experimentis mihi compertissimam loquor; fa­ciliùs quis ab ipso centum Aureos, idoneo pietatis opere proposito acceperit, quàm à plerisque aliis extorserit totidem Asses. Et quanquam diutinae diligentiae & per­petuae frugalitati amplas quas collegerat opes jure merito quis potuerit imputare, ego imprimis effusissimae quam dixi largitioni, & benedictioni insuper divinae acceptum referendum censeo. A prima ejus adolescentia ad ulti­mum vitae diem, nullam pecuniarum quam acceperat summam pro suo habuit, donec Deo & pauperibus par­tem non contemnendam sacram fecisset: cúmque ante paucos dies, quódque mihi semper dolendum, ultimò unà colloqueremur, de rationibus istis dispungendis (tanquam venturi fati fuisset praescius, & de pauperi­bus magis quàm prole sua solicitus) consilia diligentissi­mè agitabat.

Mitto dicere, quàm in adversa fortuna infractus, in affluente fuerat temperans; quàm in summa eruditio­nis fama modestus, cum indignè lacesseretur, quàm ad injurias condonandas facilis, quàm Principi ultima passo fidus, Ecclesiae oppressae obsequens, in Artis pro­fessione candidus & apertus, in studiis indefessus, ser­mone parcus, in toto vitae statu Christianus. Quae omnia pro merito exequi, non unius horae, paginaeve res esset. [Page] Breviter dicendum, quòd perpetuis precibus, studiis, laboribus, eleemosynis, vigiliis exercitus, tandem an­nos ferè 57. natus sub praesentis Novembris initium, Tussi (nunc temporis epidemiâ) laborare visus est, quae (cùm ceu leve quiddam spreta esset) in Pleuritin & Pe­ripneumoniam illico transiit. Cúmque Vir consultissi­mus sanguine saepius misso, & remediis diligenter adhi­bitis non relevaretur (Amicis meliora ominantibus) vitae exitum advenisse statim animadvertit; & post triduum, constitutâ re familiari, sumpto S. Eucharistiae viatico, & pace Ecclesiae acceptâ, integris ad extremum spiritum sensibus, piam animam Deo commendavit, vitámque laudatissimam pari exitu clausit.

I shall now conclude this Epistle with a brief and short account of some of the works and some few late discoveries and usefull improvements of the eminent Members now living and flourishing in this Royal foundation; as par­ticularly, the present learned President Dr. Whistler, who published his disputation concerning the Rickets An. Dom. 1645. 5 years before Dr. Glisson put forth his book; though it was by a different name, which he cal­led Paedosplanchnosteocace, from the parts principally affected in that disease. Then he delivereth the diagno­stick signs, as also what is to be found Preternatural in the viscera of such as died thereof. The causa continens he proves to be obstructions of the viscera from too thick and viscid nutriment, part of which being retained in the viscera they grow bigger; and the more serous and aque­ous parts being conveyed to the Muscles of the armes and legs, renders them weak and flaccid. Amongst the Causae procatarcticae, he reckoneth the too early giving flesh to Infants. He affirmeth the viscera to be affected before the Bones. He then proceedeth to the Prognosticks, In­dications, [Page] Method of cure and Medicines proper to answer that end. He sheweth that the sacrification of the Con­cha of the ear seems to be established by the Authority of Hippocrates, and was the first that founded a practice upon the doctrine of the circulation of the bloud.

Sir George Ent (the Ornament of his Age) in his Apology for the Circulation of the Bloud, hath learnedly defended Dr. Harvey against Parisanus, rendred a very rational account concerning the Operation of Purging Me­dicines, and given several Reasons for rejecting the com­mon opinion about their Elective Operation; as also ex­ploded those several Faculties which made so much noise in the Schools, &c. The same learned Author, in ano­ther Book, wrote against Dr. Thruston, hath proposed several Opinions, and defended them with great wit and learning, As, that the finer part of the Alimentary Juice is conveyed from the Stomach and Guts to the several parts for their nourishment, by the mediation of small concave fibres; That the same Alimentary Juice is that, which in the use of Vomits and Purges, is dis­charged by these passages into the Stomach and Guts, and not by the lacteal Veins or Arteries; That the Fe­brifick matter in Intermittents is not lodged original­ly in the Bloud; That in the Small Pox the purulent matter is not derived out of the bloud, but out of the a­foresaid Nutritious Juice, which likewise in Abscesses, &c. is that which suppurates; That the Membranes and Nerves suck in their nourishment from the Glands of the Mouth and Throat, whilst we chew our Meat; That the bloud serves not to nourish the Body, but to keep it warm; That Ʋrine is not conveyed to the Kidneys by the Emul­gent Arteries (which onely bring the bloud thither to cherish and keep them warm) but by the Nerves; That [Page] the onely use of the Diaphragm is to facilitate Respira­tion by guarding the Heart and Lungs, that the lower Viscera do not throng in to them; That Respiration is not needfull to the motion or Circulation of the bloud; That Animal Motions are not made by the influence of the Animal Spirits; but that in each part is seat­ed a private sense, which is under the command of the Soul. And that therefore there are no Animal Spi­rits, but those in the bloud, called by the Name of Calor nativus, &c.

Sir Charles Scarburgh (Principal Physician to his sacred Majesty and his Royal Highness the Duke of York) was the first who introduced Geometrical and Mechanical Speculations into Anatomy, and applied them as well in all his learned conversation, as more particularly in his famous Lectures upon the Muscles of Humane Bodies for 16 or 17 years together in the publick Theatre at Sur­geons-Hall; which were Read by him with infinite ap­plause and admiration of all sorts of learned persons a­bout the Town, who resorted in great numbers to those Readings. His Syllabus of the Muscles is, and ever will be used there, It having a prospect of two excellent ends especially; One to shew all the Muscles, as they na­turally rise in dissection, the other to place every one of them by his proper Antagonist.

Dr. Charlton's very learned and laborious Works (as his Diatriba de Lithiasi; His Oeconomia Ani­malis; His Exercitationes Pathologicae; His In­quisitiones Anatomico-Physicae; His Book de Scor­buto; His Anatomical Prelections in the College Theatre, with many other ingenious Treatises,) have given him a very high and deserved Reputation in our own as well as foreign Ʋniversities. The following [Page] Character I find given of him in Antiq. Oxon. Aca­demicis studiis maturus, in Aulam B. Mariae Magda­lenae admissus, ubi sub Tutore seu Praeceptore Wilkin­sio in studiis Philosophiae profecit; nec minùs postea in Medicina: ad cujus facultatis Doctoratum evectus est ann. 1642. aetat. 22. tum Caroli primi favore, tum gratiâ Academiae Oxon. nec multo post Regi praedicto Med. Ordinarius: Vir proculdubio doctus, & in sua facultate clarus. And 'tis very well known how highly he hath been courted to accept of the Professors Chair at Padua.

Dr. Croune hath made most ingenious and excellent Observations de ovo, long before Malpighius's Book up­on that Subject was extant, Which are published at large by Mr. Oldenburgh, in his Philosophical Trans­actions; as likewise a most curious Theory of Muscular Motion, published in Mr. Hook's Philosophical Col­lections.

In Dr. Lower's Book de Corde, and Dr. Nedham's de formato foetu, are to be found so many excellent Ob­servations relating to the advancement of Physick (As the swift motion of the bloud through the heart, the com­mixture of the air with the bloud, the difference be­twixt Arterial and Venal bloud, the separation of the Chyle, with its sole passage through the ductus Thora­cicus, and its different degrees and ways of conversion into bloud; the vulgar opinion about defluxions distil­ling from the brain confuted, by unanswerable Experi­ments; The passages by which the succus nutritius is car­ry'd to the Uterus, and from thence to the Foetus, the manner of separating the nutritious juice from the bloud; the examination of the several humours found in the dif­ferent Membranes subservient to generation, by concreti­on [Page] on the fire, distillation, and coagulation; the nature of the Saliva and other juices conveyed into the mouth, with their passages, &c.) that the Authors are highly admired and quoted by all the learned Men of the Faculty through­out Europe.

Dr. Sydenham (whom I can never name, without own­ing my great obligations for the many happy advantages which I have received from his most ingenious learned, and free conversation) hath highly obliged the World, and all ingenuous Men of our Profession, with many incomparable Treatises, lately 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 [Page] 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 Ʋrine, 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 [Page] 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.

[Page 307] 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 [Page 309] 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 [Page 310] 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 [Page 311] 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 [Page 312] 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 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, [Page 314] 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 [Page 315] 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 [Page 316] 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 10 l. or else to be punished ex Collegii arbitrio.

One Moses was punished 20 l. for illegal practising of Phy­sick, and gave bond to the College to pay that sum within a twelvemonth.

A Letter was sent from the Right honourable Sir Francis Walsingham Secretary of State to the President and College of Physicians in favour of one Margaret Kennix an outlandish, ignorant, sorry woman; the Copy of which follows.

To my very loving frendes Mr. Dr. Giffarde President of the College of Physicians in London, and to the rest of his Associates or Fellow Assistants belonging to the same and every of them.

AFter my very harty commendacions unto you, Whereas heretofore by her Majesties commandment upon the pityfull complaint of Margaret Kennix I wrote unto Dr. Sy­mondes then President of your Cellege and fellowship of Phi­sitions within the City, signifying how that it was her High­ness pleasure that the poore wooman shoold be permitted by you quietly to practise and mynister to the curing of diseases and woundes, by the meanes of certain Simples, in the applie­ing whereof it seemeth God hath geven her an especiall know­lege, to the benefit of the poorer sort, and cheefly for the better maintenance of her impotent husband, and charge of [Page 317] Family, who wholy depend of the exercise of her skill: Forasmuch as now I am enformed, she is restrained either by you, or some other of your College, contrary to her Maje­sties pleasure, to practise any longer her said manner of my­nistring of Simples, as she hath doon, Wherby her un­dooing is like to ensue, unles she maie be permitted to con­tinue the use of her knowlege in that behalfe. I shall there­fore desire you forthwith to take order amongst your selves for the readmitting of her into the quiet exercise of her small Talent, least by the renewing of her complaint to her Ma­jesty thorough your hard dealing towards her, you procure further inconvenience therby to your selfe, then perhaps you woold be willing shoold fall out. Whereas contrari­wise it will be well taken, that you affoord her the like fa­vour she hath found at the hands of your Predecessor. And so not doubting but that you will therfore accordingly con­sider to leave the poore wooman satisfied in this behalf, I bid you hartely farewell. From the Coorte the viiith of De­cember, 1581.

Your loving frend Fra. Walsingham.

To this Letter the President and College returned the fol­lowing answer.

To the Right honorable Sir Fra. Walsing­ham, Knight, Secretary to her Majesty, and one of her Highness most honorable Privy Council.

RIght honorable, having received your Honor's Let­ters in the behalf of one Margaret Kennix for her quiet practice and mynistring of Physick, and willing us in the same as well in respect of her speciall knowlege in Simples, as also for avoiding such inconvenience as maie otherwise ensue, that she may be readmitted to the practise of her Talent: May it please your Honor, for that all, and [Page 318] every one of us, are for our parts, most desirous in all dueti­full sort, to have your Honor satisfied herein, and there­withall truly to be advertised of the matter, what report soever hath hetherto been delivered for her knowledge and ability, in that thing, wherein in very deed, her weaknes and insufficiency is such, as is rather to be pitied of all, then ether envied of us, or maintayned of others: We therfore have sent some of our company to attend upon your Honor, and to deliver our moste humble and duetifull answer to the same; most humbly beseeching you to afford them your good accustomed and favourable hearing. And for that we are fully perswaded, there is no one thing more allowable in your Honor's eyes, then the preservation of holsome Lawes, and the maintenance of good and laudable orders, being not onely the cheefest stay, but also the greatest orna­ment and beawty of a Common-wealth: We are of opinion that the diligent care which we have, and are bound to have, over the health and lief of her Majesties Subjects; the dutifull regard we beare to the maintenance of our pri­viledge, graunted espetially for that respect, by her Ma­jesties most noble Predecessors; and the straight band of our Oth and Conscience, which we esteeme of greater weight then [...] we can release our selves thereof at our pleasure; will pro [...]ure your Honor to enter into a more favourable consideration of our doings herein, then to think us any whit culpable, for not suffering ether her, or any other whatsoever (being not qualified accordingly) to intrude themselves into so great and daungerous a Vocation, not onely against good order, priviledge and conscience; but also to the evident daunger of the lief and health of such her Majesties most loving subjects, as shall be abused by their notorious and wilfull ignoraunce. And therefore be­ing in good hope that your Honor will nothing mislike, for seeking lawfull and direct means to resist such daunge­rous disorders, as by other means we cannot redress; And professing our selves to be most willing and content to abide any inconvenience whatsoever may ensue, rather then to be brought to allow of so disorderly an attempt, ether in her, or any other her lyke: and therewithall most humbly be­seeching [Page 319] your Honor, that as most excellent Virtues and Learning hath made your famous to the World and poste­rity, so it might please you to be a favourable Patron to such as have been trained and brought up therein: We most duetifully take our leave and wishe you increase of all ho­nor and prosperity.

From our College the 22 of Decem­ber, 1581.
Your Honor's to commaunde The Presidente and Society of the Physitions of London.

Thomas Thumwood with his Wife were summoned to appear before the President and Censors for her practising of Phy­sick, where he promised to enter into a penal bond of 20 l. to the College that his wife should not practise for the future, and in the same month did seal a Bond obligatory upon the same account.

Robert Iones being security for one Dean an Empirick, that he should not practise Physick in London, &c. Dean leaving the town, Iones humbly petitioned the College that he might be discharged his bond, which was granted accordingly.

In the 24th Iohn Gyle a Surgeon appeared before the College, being charged for practising Physick contrary to Law; which was proved partly by witness, and partly by his own confessi­on; wherefore he was fined 20 l. and sent to the Counter. About 2 months after, he was sent for out of prison by the order of the College, and then behaved himself so insolently and answered so ignorantly, that he was forthwith return­ed back to the same prison, Propter malam in re medicâ praxin.

In the 25th Iohn Booffeat appearing before the College propter malam & audacem praxin in re medicâ, was committed to prison; but upon the intercession of a Person of Quality he was freed from thence, upon condition that if ever he prac­tised Physick again, he should submit to any penalty the Col­lege should assign.

One Leager a Surgeon was ordered to enter Bond to the College propter malam & illicitam praxin, which if he re­fused, he was to continue in prison, untill his Fine was paid.

[Page 320] Iohn Not an Empirick of the County of Kent, appeared be­fore the College propter audacem suam & illicitam in medicinâ praxin; He was ordered to give bond with sufficient security, that he would not for the future practise Physick; which re­fusing, he was committed to prison. After this, he procured the following Letter in his behalf from Secretary Walsingham.

AFter my verie hartie commendacions: Whereas I un­derstand that you have caused one Not, a practisioner in physick, to be committed to prison in the Coumpter in Woodstreet, where he presently remaineth; Forasmuch as both my self have heretofore used him, and divers other Gentlemen have also receaved good by him: These are hartely to praie you, that you will not deteine him any lon­ger in prison, to his great hinderance and utter undooing, but rather, at this my request, to suffer him to go at liberty, without putting him to farther trooble, unlesse there be some great cause to the contrary, wherein I will think my self beholding unto you: and so do bid you hartely farewell.

From Westminster the 28th of September, 1586.
Your very loving frende, Fra. Walsingham.

To this Letter the College returned the following answer.

To the Right honorable Sir Francis Wal­singham, Knight, Secretary to her Majesty, and one of her Highness most honorable Privy Council.

WHereas it hath pleased your Honor to direct your Letters unto us in the behalf of one Not, to the end that we woold no longer deteine him in prison, unless there be some great cause to the contrary: Maie it please you to be advertized, that we and everie one of us, being most desirous to shew our ready and dutifull good minds to your [Page 321] Honor, immediately sent for the party to our College, mynding in respect of your Honor's motion, to have delt with him by all maner of curtesy. And albeit we know him to be utterly ignorant in that profession, and such one as hath been often heertofore convented before us, and found subject to great punishments, and yet released from all extreamity upon his own caution put in amongst us, and earnest promisse that he woold never after that deale with the practice of Physick. All which notwithstanding, he now more stubbernly then heretofore (upon what encou­ragement we know not) of purpose infringeth our privileges, and the holsome Lawes of this Realme, which we by solemne Oth are bound to maintaine: and therewithall protesteth openly, (and that most infamously as we think, and offen­sively to the credit and good name of such as admit him to their persons) that he dealeth with none but onely for the Pocks. Yet seeing it hath pleased your Honor to deale for him so earnestly, (whose good opinion we are and ever wilbe most willing to satisfie in what we maie) we were fully resolved, freely to remit all offenses, and to set him at liberty, onely upon his own small bond, for the not abusing of himself hereafter in Phisick within this City of London, according to the Statutes of the Realme provided for the same, and our particuler Othes taken in that behalf: Which most reasonable demand for that he so wilfully denieth to accomplish, We have therefore sent the bearer hereof, an officer of our College, as well to make report of the truth, as also seing the party himself hath refused this favour, most humbly to intreat your Honor, to accept of our good meaning minds; and so most humbly take our leave.

Your Honor's moste dutifully The President and Society of the Physitions of London.
London 2 Octob. 1586.

[Page 322] After this, Not entred into bond that for the future he would not practise Physick, which being forfeited, the College put it in suit, whereby he was forced to flee into foreign parts. But returning again in K. Iames's Reign, He was complained of by Dr. Gulston and a Gentleman who had taken Physick of him, whereby he fell into a great Vomiting and Loosness, Hiccough and great pains complicated with a paralytical dis­position; And though this Gentleman sent for him when he was in great extremity, yet he would by no means come: About a month after, he was summoned and brought by an officer to the College, where before the President and Cen­sors he confessed that he was no Graduate, that he understood not Latine or Physick, unless it were the Stone which he could so dissolve in the bladder, that it might be discharged by gravell; and Fevers, which he could cure by external ap­plications. He denied what had been proved against him by the forementioned Gentleman and others. However the whole business being examined, the President and Censors fined him 14 l. and committed him to prison. About 5 years after, a poor woman complained that being ill of a stopping about her throat and breast she went to him, who would and did see her Urine, and thereon said, she had an Imposthume there and would soon die if not cured before Spring, her Spleen being come up into her Lungs. For which he was summoned to appear at the College, where he said that an Imposthume about the throat and breast might hold 3 months without growing worse; that the Spleen was in the radical parts. Being told of some of his professed tricks in Alchymy, and examined therein, his answers were all impertinent and ignorant. For which and his ill practice he was fined 5 l. to be paid presently or committed to prison, and he inter­dicted all practice for the future. But his Son paying this fine, and becoming Surety for him, he was released.

In the 28th, David Ward an Empirick was committed to prison propter suam in Medicina praxin illicitam, and fined 20 l. He was afterwards discharged and prosecuted at Common Law.

[Page 323] In the 29th, Henry Ieffry confessed his practising of Phy­sick in London for 6 years; being examined in the rudiments of that Art, he was found very ignorant not onely in that, but all other learning; Wherefore he was prohibited prac­tice and a small fine laid upon him to be paid to the Col­lege.

Godfrey Mosan was fined 20 l. at one time, and 10 l. at another, for his evil and illegal practice in Physick, and for his egregious ignorance. He gave bond to pay the foremen­tioned sums upon several days limited therein.

Peter Piers was brought before the College and committed to prison for giving Pills of Antimony, Turbith and Mercury Sublimate, by which he had killed several persons.

One Bright being also summoned, and not appearing, a Warrant was issued out for seizing him and committing him to the Fleet; Others were imprisoned for practising Physick, and others had their Bonds put in suit against them upon the same account.

In the 30th year of the Queen (being in the year 1588, a time of most publick and eminent danger) the Lord Mayor and Court of Aldermen sent their Precept to the College of Physicians, requiring them to find Arms. This being looked upon as an infringement of College 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 [Page 324] 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 any­wise 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 [Page 325] 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 [Page 326] 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 in London for 6 years, and pretended himself able to cure all diseases: Being examined by the President, he was found unable to give any reasonable account to any [Page 327] question asked him, wherefore he was committed to prison and fined 10 l. for his illegal and ill practising of Physick. About a month after, he was sent for out of prison, and re­quired by the President and Censors to forbear the practice of Physick for the future, and for his so doing to give bond with security, he being wholly ignorant of that Art, and un­learned in all other; to which he replied, that he would not give any bond upon that account, but was resolved to prac­tise as he had opportunity. Upon this insolent and sawcy an­swer, he was remanded back to the Counter in Woodstreet, there to continue till he gave bond to the College for his good behaviour. After 6 months imprisonment, he was ordered by the Beadle to appear a third time before the President and Censors, but refused to come. The month after he pro­cured the following Letter from Secretary Walsingham.

To our very loving frends the President and Censors of the College of Physitions.

AFter our verie hartie commendations; Whereas I un­derstand that you have of late committed to prison, one Paule Buck a practitioner in Physick and Surgerie, for ex­ercising the same, without a dispensation from you: for as much as I am crediblie enfourmed, that the man hath doon much good in his said profession, and is otherwise of a verie good and honest disposition; I am therefore mooved, verie earnestlie to praie you, that you wilbe content, the rather for my sake, to yeeld to his enlargement, and not fur­ther hereafter to molest him upon this occasion. For the which you shall make me beholding unto you; and finde me ready to requite it towards you. And so I commit you to God.

From the Coort at Greenwich this 10th of Fe­bruary, 1589.
Your very loving freend, Fra. Walsingham.

[Page 328] To which the College returned the following answer.

To the Right Honorable Sir Fra. Walsing­ham, Knight, Principal Secretary to her Majestie.

RIght Honorable, Whereas it hath pleased you to write unto us in the behalf of one Paule Buck an ignorant and audacious Practitioner in Physick, perceaving that your Honor hath been misenformed as well of the man, as of the manner of our dealing with him: We have therfore sent our President, and some of our Society with him to attend your Honor's leasure, and to deliver the true report thereof. Most humbly beseeching you, That for so much as we are by Oth and Conscience tied to do that which we do; and for that the inconveniences are intolerable which daily fall out by the suffering and supporting such vagrant and loose persons, altogether unskilfull in that wherein they make a coolorable Profession; It might stand with your Honor's pleasure and good likeing, to leave it to our discretion and liberty, as much as in us lieth, by all good orderly means possible to refourme the same. Protesting unto your Honor, That as we take small delight in punishing the ignorant, so to all such as be honest and learned we will always be most rea­dy and willing to shew what curtesie shall lie in our small power. And so, &c.

The President and Dr. Iames waited upon Secretary Wal­singham with the forementioned Letter, which he most readily read over and accepted very kindly from the College, assu­ring them that he would never act any thing against the be­nefit or dignity of their Society; And if at any time by the importunity of friends, he did write upon such an occasion, he notwithstanding left them to act what they thought most prudent. Upon this Buck was sent for by the Beadle out of prison, but he refused to come; Wherefore order was given to acquaint the Secretary with this his obstinate and contu­macious behaviour, and to continue him still in prison. About [Page 329] 2 months after, the Keeper of the Counter set him at liberty without the consent or knowledge of the College; wherefore the Treasurer was forthwith ordered to advise with the Re­corder of the City and Counsellour Daniel for prosecuting the Keeper of the Prison for this his illegal releasing of Buck. About 2 or 3 years after he was again brought before the College, confessed practice, and was then ordered to appear at the next Court, that he might understand the College pleasure. In the interim he procured the following Letter from the Lord High Admiral.

To my lovinge freend Mr. Dr. Baronsdale geave these.

AFter my hartie commendations: Whereas this bearer my servant Pawle Buck a practitioner in Physick is much sought after, and well liked of by manie, and hath as I am enformed doon manie great cures to the good of manie, and the hurt of none, I am to praie you being Go­vernour of your fellowship, to graunt him a licence to practise Physick hereafter unto such as shall at his hands come to require the same. And in token of a dewtie to your house, and that he wilbe from time to time governed there­bie, he will present the same with 20 l. fine, and will pale an yearlie Rent of 20 s. per an. unto the Treasurie of your said howse: And besides that ye shall pleasure a great many that desire his freedome, you shall make me ready to requite the same to you in any good I can do you, or your howse. And so fare ye well.

From the Court at Nonesuch the 29 of May 1593.
Your loving freend, C. Howard.

Upon reading this Letter the College returned the follow­ing answer.

RIght Honorable and our very good Lord, Whereas it hath pleased your Lordship to write your Letters to Dr. Baronsdale our President (who hath imparted the same to the whole Society) in the behalf of one Paule Buck your Lordship's servant: That in respect he is such a prac­titioner in Physick, as is well liked of many, and hath doon many and good cures therein, he might therefore have a licence graunted from us, to exercise his practice in Physick to so many as hereafter shall come at his hands to require the same. May it please your good Lordship to be advertised, That for so much as we know the man to be utterly igno­raunt in all the parts of Physick, and to have in him not so much as any taste of any good learning at all, but to be one onely trained up in mechanicall matters, and by profession and whole course of his lief, nothing else but a meere Gold­smith, and not onlie to have committed many gross and daungerous errours, to the great hurt of divers that have been deluded by him, and his cunnynge shifts; but also do find him to be a man of very hard report, for some suspiti­ous and loose behaviour under pretence of the shew and co­lour of Physick: We are therefore most humblie to beseech your Honor, that it maie not be offensive to your good Lordship for us to use the libertie of our conscience, in re­fusing to admit such a person to the practice of so weighty a profession, who hath nothing more in him to grace and commend himself thereunto, but onlie such untrue informa­tions as have been delivered to your Lordship to the great abuse of your Honor in that behalf. And so beseeching your good Lordship to think well of us, and to vouchesalf us an honorable and mild construction of these our dooings, who are otherwise most willing in all things els, that are in our powre, to be at your Honor's commaundement, We most humblie take our leave.

From our College this 2 of Iuly, 1593.

After this, he procured Letters to be wrote in favour of him by the Earl of Essex, and another noble Peer of the King­dom; but notwithstanding it was resovled by the whole So­ciety, [Page 331] that he should not be licensed to practise Physick. He was therefore again cited to appear before the College and fined 5 l. for practising Physick, which sum he promised to pay the Treasurer of the College within one month. After this, he was punished 3 l. upon the same account, and after­wards 10 l. in that he had practised without licence from the College, as likewise without Art or Judgment; for which sum he was to be committed to prison untill he had made due payment thereof.

Iohn Noe a Tallow-chandler, appearing before the College and confessing that he had practised Physick for 3 years, he was committed to prison and fined 10 l.

Robert Tanner appeared before the College and brought a­long with him the Archbishop of Canterbury's licence in justi­fication of his practice; but being found by the President and Censors a very ignorant and illiterate person, he was interdicted practice for the future.

Iohn Lumkin, a Surgeon, being summoned before the College he confessed his practising of Physick in Dropsies, Gout, Rheumatisms and other diseases, and his prescribing of purging remedies, diet-drinks, &c. He was afterwards charged for mala praxis upon several Patients (as his dropping of Oil of Sulphur into a Patient's eyes, from whence an inflammation ensued, and other ill accidents, which endangered a total blindness; His prescribing Stupefactive Pills to a Citizen trou­bled with an Ischury, by which he fell into a total suppression of Urine, and made not one drop of water for ten days, but died most miserably on the 11th) which being proved before the President and Censors, he was forthwith committed to prison propter malam praxin & immodestos mores, and fi­ned 20 l. About a twelvemonth after, he was committed a second time to prison for offences of the like nature, but then procured a Letter from the Archbishop of Canterbury (by the interest of the Dean of Rochester his great friend and Patron) for the procuring his freedom; But when the Archbishop understood by the President and Censors how insolently he had behaved himself and slighted the College's authority, he would intercede no further for him. About 5 days after, a fresh application was made to the College in his behalf, upon [Page 332] which they consented to his enlargement conditionally that he gave a bond of 40 l. that he would not practise for the future.

Edward Owen a Surgeon and bold practiser in Physick was complained of by Ioan Apseley, in that he had undertaken her cure for 40 s. of which he had received 10 s. in hand, and had given her a diet-drink, purging medicines with Mercury (by which her gums were ulcerated) and other medicines without any advantage. He was punished by the Censors 40 s. After this, he was summoned a second time for practising Physick, and offered that he should either give a bond of 40 l. that he would not practise for the future; or else pay present­ly 40 s. to the College; and if after he practised, it should be at his peril: If he refused what the Censors now profer'd, he was forthwith to be committed to prison. But to prevent that, he promised the payment of the Fine imposed, to the President, within a few days. Not long after one Sharpe a ser­vant to the Queen made great complaint to the College against Owen, and desired their Letters testimonial of his illegal and il­literate practice, which were granted in the following form. ‘Be it knowen to all men by these presents, that one Edward Owen of Surrey, a kind of Surgeon, as himself affirmeth, hath oftentimes been convented in our College of Phy­sitions of London, for his bad and unlawfull practice in Phy­sick; and whereas we have found him not onely utterly ignorant in the same, but moreover we do certainly knowe the great daungers that many of her Majesties Subjects have been brought unto thorough his ignorance, and lewd deal­ing therein, as well by the just probation of others, as also by his owne confession, as appeereth in our College Books of Records, and yeerly examynations: and for that it ap­pertayneth unto us of the said College, by vertue of our privileges graunted by her Majesties Predecessors, and Act of Parliament, not only to have a care to seek out, but also to punish such lewde Impostors, and abusers of her Ma­jesties good and true Subjects: In regard therefore of our dueties therein, we have not only from time to time (as we coold come by the said Owen) punished him partly by im­prisonment, partly otherwise for his offences in that behalf: [Page 333] but also have utterly forbidden him to deale in the practice and exercise of Physick, as he will answer it at his perill, according to the true intent and meaning of the Lawes of the Realme provided in that behalf, for all such Intruders and Malefactors.’

Notwithstanding, several fresh complaints were made against him ob malam praxin, as his prescribing purging Physick, which occasioned superpurgation and the Patient's death; a Mercurial fume which procured lameness in a second Pati­ent, and death in a third. For which evil and illegal prac­tice he was committed to prison and fined 10 l. which sum he paid to the College and readily discharged both Serjeants and Beadles fees.

One Harman a foreigner, was complained of to the Censors for practising of Physick and taking money beforehand in pro­mise of cure; upon appearance, he was interdicted practice and ordered to return half the money received.

In the 33th of the Queen's Reign, One Salthowse an Apothe­cary, having prescribed Physick to one Robert Cade, he fell into a superpurgation and died within 7 days; wherefore he was adjudged by the Censors to be forthwith committed to prison and fined 10 l.

Roger Powel, a very eminent and famous Impostor, was cited to appear before the College for that he had hanged up a table in several parts of the town, wherein he boasted of his great cures and long experience: being examined, he confessed himself illiterate, but withall affirmed that he had great and eminent experience in Physick, that he had cured very many of dangerous diseases and had long practised in London. He had Letters from the Queen, which gave an account of his poverty, and fortunate success in Physick. The College not­withstanding passed the following sentence upon him, that he should be committed to prison and fined 20 l. But out of respect to the Earl of Derby (to whom he had some relation) they were willing he should be released from prison, upon con­dition that he gave bond to the College with sufficient security that he never after would practise Physick in London or within 7 miles. Some years after, there were several fresh informati­ons and complaints exhibited against him; upon which he was [Page 334] condemned by the Censors for his ignorance in Physick, fined 4 l. and committed to prison untill he could give better satis­faction of his skill in that Art; or at least, untill he entred bond that he would never practise for the future. After this he was again accused for undertaking the cure of a woman ill of a Tympany, who died under his hands. He confessed that he had been punished 20 years past for practising Physick, but having paid his fine, he thought he might lawfully prac­tise: He confessed that he had given medicines and used ex­ternal applications for an Anasarca: But being asked what a Tympany or an Anasarca was, he could not tell. Wherefore he was fined 5 l. pro mala praxi, to be paid the next Censors day, and ordered to restore the money received in the fore­mentioned case.

In the 34th, Robert Walmesly was punished by the Censors 4 l. for illegal practice; Afterwards being examined by them, he was found unable to give the definition of a disease, or any tolerable account of any question proposed to him in Physick; wherefore he was required to give bond of 40 l. that he would not practise for the future.

William Forrester, Master of Arts and Clergy-man, was summoned before the President and Censors, where he confessed that he had practised Physick in London for three years; being examined, he answered ridiculè & ineptè: He said, that he was ignorant of the Laws and Customes of the College, and therefore requested that he might be pardoned for what was past. He was interdicted practice for the fu­ture, and told that if he were found guilty he should be pu­nished for what was past. After this, Forrester was com­plained of by some Patients, of whom he had received con­siderable sums of money without any advantage; By others, in that he had bargain'd with them for their Cures, taking part in hand and reserving the other part till the Cure was performed. Wherefore he was admonished to appear before the Censors, which he promised; but neglecting, a Warrant was issued out for his imprisonment, and a Fine of 10 l. in­flicted for his illegal and ill practice and not giving obedience to College summons. About 3 years after, fresh complaints were brought against him, for prescribing a Vomit and Purge [Page 335] upon the same day to a woman with child (and one who not long before was troubled with spitting of bloud) by the vio­lence of which she miscarried, and died within 3 days. One Margaret Peacock likewise made complaint of Forrester's killing her husband by a Vomit, prescribed him at 5 in the afternoon one day, which gave him an hundred stools, and wrought so violently by Vomit, that he died next evening at 9 a clock, wallowing in his own bloud and humours discharged by the violent operation of the forementioned medicine. Others charged him with agreeing for 20 l. for a cure, of which he had received 10 l. yet by his negligence or ignorance the Pa­tient was dead. Of others he had received 5 l. upon the same account without any advantage to the Patient. Upon these and the like complaints, he was again summoned to appear at the College, but having obtained a Licence for practice from the University, he sent that to the College, and refused to come: Wherefore Orders were given for a speedy prosecution of him according to Law, for his evil and illegal practice. Upon which, he makes friends to the Attorney General, who requested the College to be favourable to him, Forrester being willing to pay 10 l. that the Suit depending might fall, or he be admitted of the College, which was denied upon his impudent and insolent behaviour.

In the 35th of the Queen the following letter was wrote by the Lord Treasurer Burleigh to the President of the College in the behalf of Dr. Butler of Cambridge, that he might be al­lowed liberty of practising Physick in London, when he came thither upon private business or was sent for by any Patient.

To my very loving freind Mr. Dr. Baronsdale.

AFter my heartie commendations. I understand by Mr. Butler a Professor of Physick in the University of Cambridge, and a man (as I doubt not but you know) for his experience and learning very well reputed of, having occasion sometimes to repair to London either about his pri­vate business, or at the request of such as are desirous to have his advice; And understanding that he may not practise with­out [Page 336] breach of a Statute of the Realm and order of the Col­lege, except he have allowance and licence so to doe from you; And being very loth to give offence any manner of way, is very desirous to have your good favour towards him in that behalf. Whose request for the good opinion I have of his learning and honesty, I cannot but recommend to your good furtherance, that at some one of your Assemblies you will propound his request and procure allowance thereof. For the which I will think my self beholden unto you, and be readie to requite with any favour I may both toward your self and the College. And so I bid you heartily farewell.

From my house at Westminster the 14th of Fe­bruary, 1592.
Your loving freind W. Burghley.

To this Letter the College returned this answer, That a free liberty of practice should be allowed Dr. Butler when he came to London; provided that if he came to live in Town, he would submit to the customary examinations of the Col­lege and pay the usual Fees due upon that account.

Dr. Raphael Thorey, who had taken his degree at Leyden, was summoned to appear at the College for practising of Physick: He confessed that he had practised for 3 years, but onely a­mongst the French and Foreigners. He was complained of by one Mr. Edwards for prescribing a Vomit to his Wife being a Phthisical woman, with which she died suffocated in a few hours. The College proposed 3 things to his choice; ei­ther to pay 5 l. to the College for his illegal practice; or be obliged in a Bond, that he would not practise Physick for the future in London or within 7 miles; or else to be imprisoned and prosecuted according to Law. He readily accepted of the first condition of paying a sum of money to the College, and promised for the future to submit himself to their pleasure. He afterwards was examined and had a Licence given him.

[Page 337] Simon Forman, a pretended Astrologer and great Impostor, ap­pearing before the President and Censors confessed that he had practised Physick in England 16 years, and 2 years in Lon­don. He pretended that he had cured many Hectical and ta­bid people by the use of Elect. è Suc. Ros. in Wormwood wa­ter. He boasted that he made use of no other help for the discovery of distempers but his Ephemerides, and that by the heavenly Signs, Aspects and Constellations of the Planets, he could presently know every disease. Being examined in the principles of Astronomy as well as in the Elements of Phy­sick, he answered so absurdly and ridiculously, that it caused great mirth and sport amongst the Auditors. He was inter­dicted practice and punished propter malam & illicitam praxin 5 l. which he readily and faithfully promised to pay. About 2 or 3 years after he was examined a second time, and found very ignorant. He confessed that he had never read any Au­thor in Physick but one Cockis an obscure English writer, and of no reputation. He then acknowledged (as before) that he onely practised Physick by his skill in Astrology, in which Art being again examined, he was found not to understand the common principles of it. Wherefore he was committed to Prison and fined 10 l. to be paid to College uses, propter illi­citam praxin & insignem audaciam. After a month or 6 weeks imprisonment, he was released by an Order from the Lord Keeper; upon which, the College order'd that the 4 Censors with Dr. Smith should wait upon his Lordship to acquaint him with the cause for which they had committed so notorious an Impostor to Prison, and to Petition his Honour that he might be again recommitted by virtue of the former Warrant sign­ed by the Censors of the College. Nine months after, this bold and impudent Impostor appearing before the College, confessed that he had prescribed a compound water to a Gen­tleman in a burning Fever, upon the taking of which he im­mediately died. Being asked upon what grounds he practi­sed Physick or durst adventure to give medicines to the sick; he answered that he understood the nature of diseases and pro­per remedies onely by Astrology. Being then examined a third time in that Art by the Queen's Physician, he was again found a mere Impostor and ignorant in that as well as in [Page 338] Physick. Wherefore he was by a Warrant from the Censors committed again to Prison. This so humbled Forman that after he got out of Prison, he fled to Lambeth as a place of protection from the College Officers; Wherefore the Col­lege presented the following Letter to the Most Reverend the Arch-Bishop of Canterbury against him.

To the most Reverend, our singuler good Lord, the Arch-Bishop of Canterbury's Grace.

MOst Reverend and our singuler good Lord; May it please your Grace to be advertised, That one Simon Forman an intruder into the profession of Physick, hath of long time in this Cytie, as well to the great prejudice of our privileges as also to the intolerable abuse of her Ma­jesties Subjects, been a great Practitioner in the same, ma­king a deceitfull shew and colour to the ignorant people, that his skill is more than ordinary, depending upon the speculation and insight of Nativities, and Astrology; there­by miserably deceaving the innocency of such simple minded people, as resort unto him for Counsel; For redress where­of we have heertofore convented him in our College assem­blees, and having made good and sufficient tryall of his skill, as well in the one as the other, have found him exceed­ing weak and ignorant in the very Principles of them both, as appeereth by his most absurd answers, yet extant in our College book of ordinary examynations: And thereupon according to the Statutes of the Realme, we have heertofore utterly forbidden him to deale any further in practise of that science wherein he hath so little skill. All which notwith­standing, the said Forman, as we are informed, hath now placed himself in Lambheath, being a Town under your Grace's Jurisdiction, mynding thereby as yt shoold appeare, to abuse your honorable protection touching the premises. In consideration whereof, we humbly beseech your Grace, that as well in regard of the insufficiency of the man, as also for the better maintenance of our auncient privileges, he [Page 339] may be frustrate of his expectation in that behalf: and that by your Grace's favour we may be ayded and permitted, without any lett or impediment, to use such lawfull and ordinary coorse, as both holsom Lawes and our Privileges have provided for the suppressing of him and the like offen­dors: and we shalbe bound to pray for your Grace's long lief and honorable prosperytie. And so we most humbly take our leave. 28 Iunii, 1601.

To this Letter the Arch-Bishop returned the following answer.

AFter my very hartie commendacions: Forman nether is nor shall be countenanced by me: nether doth he deserve it any way at my hands. I have heard very little of him: insomuch, as I had a meaning to call him by vertue of the commission Ecclesiastical for divers misdemeanors, if any man woold have taken upon him the prosecution of the cause against him. In which mynd I remaine still: And therefore use your authorytie in the name of God. My Officers shall geve you assistance, or els they shall be no Officers of mine. And so I commit you to the tuition of the Almighty God.

From my howse at Croyden the 4th of Iuly, 1601.
Your loving freend Jo. Cantuar.

After this, Mr. Pelham, a Physician, and another person acquainted the College with the notorious cheats that Forman made use of for deceiving the people, as his enquiring the Pa­tient's name and place of habitation; then erecting a figure; after that, passing a judgment of the disease and event thereof; then prescribing remedies, &c. Upon which the Censors or­der'd a Citation for his appearing before them; But he refu­sing to appear unless he might have their promise for his safe return, he was prosecuted at Law according to direction of Councell, de mala praxi & illicita.

[Page 340] IN the 37th, William Chetley, an Apothecary in Bishopsgate­street, having given a lenitive Clyster, Bolus and Pills with­out the advice of a Physician, was fined by the Censors, and had likewise been committed to prison for his illegal practice, but that some of the Fellows interceded for him.

Iohn Grove, a Surgeon, being examined and confessing the prescribing of a most dangerous purging Medicine, he was fined 5 l. and committed to prison propter istam insignem auda­ciam, periculosam inscientiam, & illicitam praxin.

In this year of the Queen's Reign the College order'd the following Letter to be sent to the Surgeons of London, that they might wholly abstain from the practice of Physick.

To our verie loving freends the Master, the Wardens, the Assistants and the residue of the Com­pany of the Chirurgions in London.

AFter our very hartie commendacions. Among many o­ther laudable Ordinances and Statues, confirmed by her Majestie's Royal assent, and authority of the High Parlia­ment, It is not unknowen to you, upon what substantiall and grave advice, by the authority aforesaid, Our Society of this her Majestie's Citie of London is invested with a Pri­vilege, touching the practising of Physick within this said Citie and certaine circuits thereunto adjoyning, expresly named and 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 [Page 341] 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 wilbe 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 [Page 342] 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 prof [...]n being vexatious. 2. That he should release another poor man from Prison and further prosecution, and restore him 40 [...]. 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 [Page 343] 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) [Page 344] 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.
  • [Page 345] 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 shalbe, 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 [Page 346] 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 [Page 347] 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 kindness to Ienkins, and promised that for the future Ienkins should behave himself inoffensively to the College; otherwise he was willing that he should be punished, as they should see reason for it. After this, fresh informations were brought against him, all which he denied a great while; But at last desired to have all that was past remitted, and on that condition faithfully promised that for the future he would give no advice upon the sight of Urines nor any inward Physick; and if therein he was found faulty he willingly offered to pay 5 l. for every time so do­ing; Upon which promise, and submission he was again dis­missed.

Bartholomew Chappell appeared before the College and was fined for practising Physick without Licence. About 3 months after he procured Letters to the College in his behalf from the Lord Treasurer, Lord Shandois, &c. Upon which account the College deferred any further prosecution of him till Michaelmas Term; at which time being examined, he was found unfit for practice, and afterwards interdicted and bound in a bond of 40 l. not to practise for the future.

Patrich Brownegold was cited before the President and Cen­sors, and charged for prescribing Physick, which he stoutly denied, but being proved by 2 or 3 witnesses present, it was ordered that he should give a bond of 10 l. for his appearance the next month, and in the mean time should desist from practice; He appeared at the time prefixed and gave a bond of 40 l. that he would not practise for the future.

Mr. Rawlins, Master of Arts in Oxford, appeared upon sum­mons before the College and confessed that he had practised Physick, having cured a woman (as he said) of an immodicus mensium fluxus by attenuating remedies; which flux proceeded (according to his opinion) from an imbecillity of the Muscles and infirmity of the Stomach: He was bound in a bond of 40 l. to abstain from the practice of Physick. Two months [Page 348] after, he was examined by the President and Censors, but giving no satisfaction in his answers, he was advised to greater diligence in his Studies. Near a twelvemonth after he was a second time charged for practising Physick, which he denied; but confessed that he had given a medicinal drink for stopping a Dysentery, which he would not allow to be practising, al­though he declared that he gave this drink because he found the Patient to have a weak and languid pulse, from whence it plainly appeared that he had practised Physick, and had for­feited his bond. But because he behaved himself submissive­ly and confessed his fault, the Censors were kind to him and dismissed him without punishment, onely interdicting him practice and admonishing him not to be guilty of the like fault for the future. About 2 years after he was again summoned for practising Physick (although he had taken his Doctours degree in Cambridge.) He desired that he might be examined in order to his admission, which was done, and he notwith­standing fined propter praxin praeteritam.

Joseph Smart a Surgeon, was charged for practising Physick, which he did not much deny, but modestly defended the law­fulness of it. He was punished 5 l. propter malam & illicitam praxin, if for the future he should be found guilty of practice within the College liberties.

Edmund Messenger, a Surgeon, was complained of to the President and Censors for his practising of Physick. He was summoned and appeared: confessed that he had given several purging potions to a Patient, but this he had done in a case relating to Surgery. He acknowledged that he had bled a man very weak, and reduced to an extreme low condition with a loosness. He owned likewise that he had given him several cooling and medicinal Potions. He was interdicted practice, and for this his illegal and ill practice committed to prison with a fine of 5 l.

In the 39th, John Carter, Master of Arts of 20 years stand­ing in Cambridge, was fined propter praxin praeteritam 3 l. 6 s. 8 d. to be paid within a quarter of a year. Being afterwards sum­moned to appear before the President and Censors, and not coming; It was ordered by the Censors, that for this his contempt he should be imprisoned as soon as he could be found. [Page 349] About 2 years after, he appeared before the Censors, and pro­mised that he would forthwith leave the City and never return to practise in it any more. He was ordered to give bond that for the future he would not practise Physick within London or 7 miles, which he readily promised to doe.

In the 40th, An. 1598. Katherine Clark was cited and appear­ed before the Censors; she was accused of practising Physick, and convicted by the testimony of others and likewise by her own confession: She was enjoined to appear before the Pre­sident and Censors at their next convention, and to bring along with her her husband, or any other honest man approved on by the College for her security that she should not practise hereafter. Being afterwards charged by Mr. Bredwell for giving purging Physick to one Morgan, &c. she was fined 5 l. and committed to prison ob hoc suum factum & illicitam praxin.

Cecilie Pople, being accused by Mr. Wood, Mr. Hynd and Mr. Cole Surgeons, for using very ill and absurd practice upon one Do­rothy Gatensby, whose cure she had undertaken by fumigation, the Patient dying within 12 days; which ill practice she had likewise used upon 2 others; She was obliged to bring her husband along with her the next Censors day, that they might both enter into bond, that for the future she should not practise Physick.

Richard Powel, a Dyer, appeared before the President and Censors, and confessed that he had given purging Physick to a man and his wife; wherefore he was fined 40 s. and commit­ted to prison.

Thomas Watson a Surgeon, being accused by a Patient, that he had undertaken the cure of an Ulcer in his Throat for a sum of money; Watson confessed that he had given him a pur­ging potion for a week, but pretended that it was done by the advice of Dr. Bredwell, who testifying that he had given no such advice, Watson was committed to prison and fined 40 S. propter malam & illicitam praxin.

In the 42th, Francis Anthony, Master of Arts in Cambridge 26 years, and afterwards Doctour of Physick in our own Uni­versities, appeared before the President and Censors; confes­sed, that he had practised Physick in London for 6 months, [Page 350] and had cured 20 or more of divers diseases, to whom he had given purging and vomiting Physick; to others, a diapho­retick medicine prepared from Gold and Mercury, as the cases required: But withall acknowledged that he had no Licence to practise. He was examined in the several parts of Physick, and found very weak and ignorant: Wherefore he was in­terdicted practice. About a month after, he was committed to the Counter prison and fined 5 l. propter illicitam praxin, in that he prescribed Physick against the Statutes and privileges of the College; But within a fortnight or 3 weeks he was by a Warrant from the Lord Chief Justice taken out of Prison and restored to his liberty. Wherefore it was ordered, that the President and one of the Censors should wait upon the Chief Justice with a Petition from the College to request his favour in defending and preserving the College privile­ges; upon which Anthony submits himself to the College's censure, and begs their favour. Wherefore it was ordered that he should forthwith pay to the Treasurer of the College the 5 l. due sor his fine, which he [...]ed to do, and was likewise interdicted practice. Not long after he was again accused of practising Physick, which he confessed, wherefore he was punished 5 l. for practising against the Statutes of the College and his own promise; But he resusing to pay it, was committed to prison and fined 20 l. About 8 months after, order was given by the Censors for prosecuting him at Law, he having confessed 3 years practice within the City, and his prescribing medicines lately to one that died and to another in great danger. After this Anthony's wife petitioned the Col­lege, that they would deal mercifully with her husband and restore him to his liberty. This Petition was rejected, it be­ing now out of the College's power to set him at liberty, the suit depending being commenced in the Queen's name as well as the College's. Wherefore about 2 months after, Mrs. Anthony delivered a second Petition to the College with so great importunity and tears, that partly upon that account, and partly upon the account of Anthony's poverty, &c. they granted the following Warrant to the Keeper of the Prison.

[Page 351] Whereas Francis Anthony at the Suite of the President of the College or Comminaltie of the Physicians of the City of London, lieth in execution after Iudgment, for a certaine summe of money, whereof 30 l. are due unto her Majestie, and the rest to the said President for the time being and the Comminaltie: We the said Presi­dent and Comminaltie aforesaid are contented for our parts so much as concerneth us to discharge the abovenamed Francis Anthony, so that it be no ways prejudicial to her Majestie's part, due upon the said execution. Given under the College Seal this 6th of August 1602. Regnique Reginae Elizabethae quadragesimo quarto.

Two years after Anthony's release from prison, Dr. Taylor with 2 Physicians more of the College and some other persons complained against him for prescribing Physick to several Pa­tients, amongst which one died upon the use of his remedies; another lost all his teeth, a third fell into such violent vomit­ings and looseness that the day after he died, and charged his death upon Anthony, who had said that when all other reme­dies failed him, he used this as his last and extreme one, which in the nature of it would either kill or cure. The Pre­sident and Censors gave order for his prosecution according to Law. After which order several fresh complaints were brought against him, as his prescribing his Aurum potabile to a Reverend Divine, who upon his deathbed complained that this medicine had killed him, he falling upon the use of it into an incurable inflammation of his Throat, &c.

In the 43th, Richard Edwards, a servant of an Apothecary lately dead, was charged for practising Physick. He confessed that he had given Clysters and other medicines to some sick persons, but not of his own invention, but such as he had ta­ken from bills on the file: he likewise confessed that he had given various remedies to a woman troubled with the Scur­vey, &c. Wherefore he was sent to prison and fined 5 l. A second time practice being proved against him he was fined 40 s. ob illicitam praxin.

In the 44th, Iohn Clark being summoned by the Beadle to appear before the President and Censors to answer what should be charged against him for practising Physick without [Page 352] Licence, wrote a Letter to excuse his absence; which he said was not occasioned from from any contempt of College authority, but from fear of being arrested by some Creditors. About 6 months after he appeared, and denied that he had practised from the time he was interdicted by the College; but con­fessed that he had exposed to sale some choice waters; the composition of which he was required to declare to the Cen­sors upon a certain day appointed for that purpose upon the pe­nalty of a contempt. A month after appearing before the Cen­sors, he was required to give an account why he sold a Pint of Cinnamon water for 5 l. He answered that the College had no power to examine him; that he made use of an extraordinary purging remedy, and was master of another for Fevers made out of Mummy, communicated to him by Hugo Plat; that the book intituled Tuba Apollinis was wrote by him, &c. He was thrice admonished to think of a better course of life; but notwithstanding obstinately persisting to violate the Laws of the Land and privileges of the College, was fined 20 l. and ordered commitment to Prison: but making his escape out of the custody of the College Officer, he procured a Protection from the Lord Chamberlain; upon which account the Col­lege directed the following Letter to be drawn up and presen­ted by some of their Members to the Right honourable the Lord Chamberlain.

RIght Honorable and our very good Lord: Under­standing by the report of Mr. Dr. Forster our Pre­sident, that your Lordship is somewhat hardly conceated towards us and our College, about the dealing with one Clark, presupposed to be your Lordship's man: We are humbly to crave your Lordship's patience and favourable heering, till we have made plaine our true and innocent meaning therein. May it please you therfore to under­stand. That as we are bound by the Lawes and orders of the Realme, and by a solemne Oath taken of every one of us particulerly for the strict observation of the said Orders: So also we have had of late her Majestie's Princely expresse commaundement, that we should have a diligent care and circumspection for the punishment and weeding out of all [Page 353] such ignorant persons, as under pretence of practising of Physick, do mightily abuse her Majestie's Subjects in that behalf, as well to the great endaungering of their lives, as also to the manifest exhausting of their goods. And for that the numbre of those ill disposed abusers are moe in number then we can well find out, and more subtle in their crafty devices, then we can well express: we have therfore of late obtained my Lord Chiefe Justice's most honorable Warrant for our better assistance in that behalf. And now whereas one Clark among others hath been greatly com­plained of unto us by divers, as a notorious offendor and malefactor among the rest; and finding his dealing there­in to be very offensive, and to deserve just blame and cor­rection; and the man himself to be very weak and igno­rant in the true principles of Physick: beside the manifest contempt and breach of our privileges, whereunto we are so precisely sworne; We could do no lesse in discharge of our duty then to inflict some condigne punishment upon him for the same. But now understanding that your Lord­ship is well affected to the man, and that it pleaseth you in some respects to use his necessary service, and attendance upon your honorable person: We for our parts shalbe very glad and willing to see him to do any such good office, as shall be pleasing to your Honor, and answerable to your good Lordship's expectation. But if under pretence and colour of that his service, he shall further intrude him­self to do any act in Physick, to the abuse of her Majestie's Subjects, and infringing of our Privileges; Then we be­seech your good Lordship to pardon us if we persist to maintaine that which by her sacred Majestie and her Princely predecessors, hath so long time beene most gra­ciously graunted: and by all her Majestie's most hono­rable Lords of her Privy Council (of which number your Lordship is one at this present, and that you may so longe be, to your Lordship's good liking and con­tentment, we pray with all our harts) hath hetherto from time to time been most honorably allowed and protected. And so most earnestly praying for your Lord­ship's perfect and speedy recovery, we most humbly take [Page 354] our leave.

At our College the viiith of Marche, 1602.
Your Lordship's most humble The President and Socyetie of the College of Physitions in London.

Edward Coker, an Apothecary, was accused by several persons of giving and prescribing Physick; which he denied, but be­ing convicted by their testimony and matter of fact, he was committed to prison and fined 20 l. After which he gave bond to the College that he would not practise for the future. Yet afterwards he was accused by one Gregory Cary for an Im­postor and illegal practiser, he having agreed with him for a certain sum of money for the cure of his distemper, and given him several Vomits and Purges to no purpose; yet had sued him for his bargain; Wherefore the Censors resolved forth­with to commit him to prison; but upon his great importuni­ty and submission they remitted that punishment upon con­dition, that he paid a moderate fine to the College the next Court. About 9 months after he with several other Empi­ricks were cited to appear before the Censors; but refusing to come, the Beadle was commanded to give them all sum­mons to appear at the next Censors Court upon the penalty of 20 l.

Richard Briggs appeared upon summons, and confessed that he had practised Physick in London 7 years, and affirmed that he had cured several Patients sick of dangerous distempers, and had wrote bills to several Apothecaries whom he named. Wherefore he was forthwith sent to Woodstreet Compter, but was within 3 days released, because he ingenuously acknow­ledged his fault, promised that for the future he would offend no more, and engaged several friends to wait upon the Cen­sors to implore their favour.

Mrs. Woodhouse, a famous Empirick living at Kingsland, ap­peared before the President and Censors, She was examined of the virtues of Medicines, and asked first her opinion of Pepper, she said it was cold: Violets and Strawberries, cold and dry. The purging Medicines she used to give were Dia­prun. and Hamech, as likewise Stibium in infusion or substance [Page 355] to 25 grains. She declared that she knew whether any wo­man was with child by her Urine, and she was so certain in this, that she seldom was deceived in four of an hundred: She prescribed to a young man sick of a burning Fever half a spoonfull of Mithridate in 6 spoonfulls of Aq. Coelestis, with which he swet 48 hours, and had he not then taken some cooling waters to have tempered the violent heat, he must have perished. She likewise professed that she had cured se­veral bewitched and Planet-struck. She was ordered a fort­night after to appear upon the forfeiture of a bond of 20 l. which she had given for her appearance. About five or 6 years after, some members of the College were appointed to wait upon the Lord Treasurer to request his favour and leave for the prosecution of her, she having procured a pro­tection from his Lordship. The Lord Treasurer returned this answer, that the College had their free liberty to prosecute her as they saw reason; and that not onely in this, but in all other concerns he would express all the favour and kindness he could to their Society.

Iames Henley, a Surgeon, was complained of by the Wife of one Williams, for that he had given her husband Pills of a yel­lowish colour, with which he had many Vomits and Stools, and was now in great danger of his life. Henley confessed that he had agreed with her husband to cure him for 20 s. and that he had given him pills of Turbith, which he had given to 500 Patients without any danger, and that in this he had done no more than what was practised by all other Surgeons. His cause being heard, he was by the Censors committed to Newgate.

Iohn Actor, a Surgeon, was charged for practising Physick; which he confessed, and thought he lawfully might, as a Surgeon; upon which account he had prescribed purging Physick and other remedies to Patients; and brought along with him one to attest several cures performed by him. He was fined 5 Marks and committed to Prison. Being after­wards convicted ob illicitam & imperitam praxin, he was again fined and imprisoned. And some years after being complain­ed of upon the same account, he was brought from Windsor by a Warrant under the hand of Secretary Windebank directed to Iohn Penyal the College Officer.

[Page 356] In the last year of Q. Elizabeth's Reign, Iohn Baldwin being formerly interdicted practice, was now again charged with the same; of which he was convicted by the testimony of others as well as his own confession. Wherefore he was fined 6 l. and committed to Prison.

Edmund Gardiner, in the same year of the Queen, was com­mitted to Prison for practising Physick. Whilst he was there, Letters were sent to the College in his behalf from one of the Queen's Court; upon which account it was agreed by the Censors that he should be restored to his liberty upon the payment of 5 Marks to the College. In the 6th year of King Iames his Reign Gardiner's wife appeared before the President and Censors, and paid to the College 6 l. 13 s. 4 d. and brought along with her two Sureties, who gave bond with her husband for the yearly payment of 3 l. untill the full sum of 30 l. was paid, which was recovered of him by a Suit at Law, and duly paid at the times prefixed to the Treasurer of the College.

PROCEEDINGS Against Empiricks, &c.
In King James's Reign.

ANne Dickson appeared before the President and Censors being charged by Mr. Goldstone and 2 or 3 more for practising Physick, with which she had killed a Gen­tleman of his acquaintance, having given him a Medicine which had wrought so violently by Vomit and Stool that he died in the operation. She confessed that she had given him Physick, but said it was innocent; but the matter of fact was so notorious, and the event so fatal, that she was forthwith committed to Prison and fined 5 l.

Dr. Saul, being made one of the Queen's Physicians, and yet an illiterate and ignorant person in his profession: the Col­lege ordered the following Letter to be presented to the Right Honourable the Lord Sidney.

RIght Honorable and our very good Lord: The great care that your good Lordship hath for the preservati­on of her Majestie's health, as it is right well knowen to others, so hath it been fully signified unto us, by the speech of Dr. Browne Physition to his most excellent Majesty. In regard whereof we perceive by him, it is your pleasure that your Lordship might be rightly and thoroughly enfourmed of the true sufficiency of one Saul, who is entertained into [Page 358] her Majestie's service; a matter of noe small moment touching her Majestie's health and safety. Wherein we are thus much to say, in respect of our bounden duty, and upon our credits: That this said Saul in the year 1591. made his appearance at our College upon one of our solemne meeting daies, there to be examined for his skill and sufficiency in Physick, and there being orderly opposed in the Latine tongue according to our custome and as we are bound to do, stood mute and answered not one woord, ether for that he woold not or coold not understand us. Then being de­manded in English, what part of Galen, or other good Au­thors he had read; He answered that he had read Galen all over. Then being required to name some one book or other of the said Author that he said he had read, to the end he might have been examined with all favour in that book which he was best acquainted with, He coold not so much as name any one book of his. And for that he then shewed us certain Letters testimonial of his Doctorship at the Universi­ty of Leyden, (gotten by what corrupt and indirect means we know not) we requested him to impart those questions un­to us, wherein he answered when he proceeded Doctor. But herein also he refused to name any one of them unto us. Whereupon his ignoraunce so manifestly appeared unto us, as we coold do no lesse upon our Oathes then to forbid him from practice at that time: and thereupon immediately wrote our Letters to one Heurnius Doctor of the Chair there, sharply reprehending him for committing such an error, and for suffering such grosse abuses to the great discredit of themselves and their University: who promised the like fault should never be committed again. And from that time till now of late, we never heard more of this Saul: and doe not a little marveile, how he cometh by this credit in Physick, unlesse either by infusion, learning hath been powered into him; or els by some extraordinary means, he hath of late obtained a special gift of healing. And thus having most faithfully discharged our dutie to your good Lordship, not with any malitious mind to the party, but in regard of our loyall fidelitie to her Majestie; we most humbly take our leave.

[Page 359] About the Second year of King Iames his Reign a Copy of the Surgeons Letters Patents (which they had procured from the King's Majesty for enlarging their Privileges) was read to the College, which being found long and full of Law subtilties; It was ordered that some of the Fellows should examine and compare their Old Charter with their New; which being done and reported to the College, the President with two of the Elects waited upon the Lord Cranbourne to acquaint him what great inconveniences and mischiefs would ensue, not onely as to the privileges of the College of Physicians, but likewise as to the publick good of the whole kingdom, in case their Letters Patents were passed. Notwithstanding, the Surgeons presented a Petition in Parliament to procure an authority for prescribing inward as well as outward medicines in Wounds, Ulcers, and French Pox, a Copy of which is the following.

To the Honourable Knights, Citizens and Burgesses of the House of Com­mons in his Majestie's high Court of Parliament assembled.

The humble Petition of the Masters or Governors of the Mystery and Commonalty of Barbers and Surgeons of London.

Most humbly shewing,

THat whereas it hath pleased his Majestie to grant unto the College of Physicians of London a Patent under his Majestie's great Seal of England, and thereby hath given them not onely many large privileges and other grants but also power to call and convent before them in London and 7 miles compasse, and to examine upon Oath the ser­vant or attendant upon any person or persons that shall ei­ther give or take Physick, and in fine to imprison at their [Page 360] pleasure all such persons as doe or shall administer any inter­nall remedy whatsoever; By reason whereof they doe not onely take unto themselves the Arts of the Physician, Chi­rurgion and Apothecary, but doe likewise goe about to re­straine your Petitioners from using unto their grieved and wounded Patients such wound-drinks, Potions and other inward remedies as they by their long practice, study and tried experience have found most necessary for the recovery of their diseased Patients as well in the City of London, as in all his Majestie's services both by Sea and Land, in pre­serving both their lives and limbs, and without which ma­ny times they cannot performe their Cures nor give such speedy ease and remedy to the grieved Patients, as other­wise they may and can doe; which Patent is very prejudicial not onely to your Petitioners, but to all his Majestie's sub­jects who shall have occasion to use their help, and will prove a great and heavy burthen to the Common-wealth in gene­ral, when for every hurt apperteyning to the Chirurgions cure the Patient must be forced to entertain a Surgeon, a Physician and an Apothecary.

The humble Suite of your Petitioners is, that this honou­rable House will be pleased to take the same Patent into your grave considerations, and the unlawfull privileges and hurtfull power to them given to set Fines, to take Recogni­zances, inflict Imprisonments, and other authorities grie­vous to his Majestie's subjects, and to them given by the same Patent, being by your wisdomes weighed and examined, and the Petitioners with their Councell heard, that this honourable House upon hearing thereof, being truly infor­med of the said generall wrong, such course may be therein taken through your Justice and grave Wisdomes, as may tend to the relief of your Petitioners and the good of the Common-wealth. And they as in duty bound, shall daily pray to God for your ever during prosperities, &c.

Your Petitioners preferring their Petition to his High­nesse touching the Premises, his Majesty was thereby gra­ciously pleased to leave the Petitioners free to seek any [Page 361] lawfull remedy for their grievances either in Parliament or otherwise.

Rich. Cooper.
Tho. Allen.
Rich. Mapes.
E. Ingolsbye.
Will. Clowes.
Iohn Woodall.
Tho. Bonham.
Christoph. Frederick.
C. Primrois.
Ioseph Fenton.
Rich. Wateson.
Iames Mullins.

This Petition was rejected by the Parliament and thrown out, to their no small disappointment and regret. After this ill usage of the College, the Surgeons desired a conference to take away all occasion of future offence and to maintain mu­tual friendship, being informed how highly the College re­sented this ill action of theirs. They protested that there was nothing attempted by them to infringe College privileges, yet confessed that their Bill was very unjust and unreasonable; which (they said) was not theirs but their Councels fault; who designing to express great cunning and subtilty in draw­ing of it, perverted the true sense, intended by them. The President replied, that it had been more prudently and fairly acted, if they had consulted the College and taken their advice, before they attempted the passing of a Bill of this nature, for it was now apparent that they endeavoured clan­cularly and by mean tricks to have procured an Act of Parlia­ment to the great prejudice of Physicians and the very subver­sion of the College. They endeavoured to excuse themselves by declaring that they never intended any such thing. But the case was so plain, that there was no denial of it. How­ever the President told them, that if they had any thing to offer to the College, they should bring it in writing; which if thought just and reasonable, they might expect the Colleges encouragement and assistance; provided they brought not along with them any member who had behaved himself rude­ly and insolently towards the College; whereof one of them having been guilty, and afterwards ingenuously confessing his fault, was pardoned and received again into favour.

About this time it was ordered by the College, that Mr. Nicholas the Keeper of Woodstreet Compter should be pro­secuted [Page 362] at law, for releasing an Empirick (sent to his Prison by the Censors Warrant) without their consent.

Dr. Jacob Domingo, being accused of practice and behaving himself insolently and rudely towards the College, was by the Censors committed to prison; but afterwards acknow­ledging his fault and declaring that what he said, was in passion and precipitantly, for which he was heartily sorry and begg'd pardon, he was discharged from prison without a fine, upon condition of his payment of the Fees due to the Keeper of the Prison, and abstaining from practice for the fu­ture. After this, he was cited and appeared, and being asked by what authority he practised Physick, he told them that he had a Licence to practise; which being demanded, it was found that he had a Licence to practice in the Countrey but not in London nor within 7 miles of the same. It was there­fore order'd by the College, that he should be committed to prison propter contemptum. Not long after being cited again, he appeared before the Censors and passed his examination for Licentiate intra urbem, which was granted him, he being found worthy thereof, and obliged to pay the usual Fees due from Licentiates.

Dr. Bonham, being examined by the President and Censors, was dismissed quia minus aptèrespondit; About 7 months after he was examined a second time, but giving no satisfaction, he was required to follow his Studies more diligently, and to appear at the next general Court. A twelvemonth after he was examined a third time, but because he gave little satisfaction to the Censors, he was fined 5 l. for practice, to be paid the next Comitia; or else to be committed to Prison. About 6 months after, it was order'd by the Censors, that seeing Dr. Bonham had been often cited and not appeared, he should be arrested by the authority of the Censors, and committed to Prison with a fine of 20 l. About a month after, he ap­peared before the President and Censors, and behaved himself very insolently, declaring that he had and would practise Physick in despight of the College, neither would he give any obedience to the President or Censors, they having no authority over those who had taken their degrees in Physick in our own Universities. And to prove this, he [Page 363] brought his Councell along with him, who endeavoured to distort the Statutes to that sense. But the President and Cen­sors considering the whole cause with its circumstances, com­mitted the Doctor forthwith to Prison. In the same month Dr. Bonham's Case was heard before the Judges of the King's Bench, by whose authority he was released out of prison: But upon new practice proved against him, he was again committed; after which, he procured Letters in his behalf from the Archbishop of Canterbury; but upon the application of the President, Censors and Register to his Grace, acquain­ting him with the whole matter of fact, their proceedings at Law, the opinion of the Judges, their success in their triall, their readiness to pardon him upon his submission and ac­knowledgment of his errour, and revocation of that Suit commenced against the College; He declared himself fully satisfied with the Justice and equity of the College in their proceedings, and professed that in case he did not submit up­on the terms proposed, he was unworthy their favour, neither should he for the future intercede for him.

William Foster, a Surgeon in Fanchurch street, was complain­ed of for hanging out a table at his door, in which he exposed to sale a powder for the Green-sickness. Being charged with this, he pretended that it was his Wife's doing without his consent. Some of the Fellows declaring that they had heard the powder was dangerous and had prejudiced several persons; he replyed, that his Wife had injured none by the use of it, but relieved many, naming 2 persons. Upon this, it was order'd that he and his Wife should appear next Court, and bring along with them the receipt of this powder; which if he neglected, the College would proceed to a more severe censure against him. Accordingly he and his wife appeared at the time appointed, and endeavoured to excuse this crime by the example of others, who were guilty of the same; to which was answered, that they likewise in due time should be cited and punished. They acknowledged their fault and begged the College's pardon, which was granted them upon condition that for the future they medled not with the affairs of Physick.

[Page 364] Arthur Dee was summoned before the Censors for much the same crime; he having hanged out a table, in which he exposed to sale several Medicines, by which many diseases were said to be certainly cured. This crime was esteemed such an intolerable cheat and imposture, that the Censors ordered him to appear with his remedies in order to the inflict­ing a due penalty upon him.

Alphonsus de Sancto Victore was brought before the Censors for practising Physick without Licence. Being examined, he was found a very ignorant man, educated in the Camp not in the Schools. He was charged for killing a London Merchant sick of a Dropsie, whom he bled under the tongue and took above 3 pints of bloud from him: likewise for undertaking the cure of another person for 20 l. of which he had 5 l. in hand, and left him in a much worse condition than he found him: He was therefore interdicted practice.

Mr. Hutton, an Apothecary, being often summoned by the Beadle to appear before the Censors, and yet refusing, the Censors gave order that he should forthwith be committed to prison for this his contempt. But he coming to the College and humbly begging their pardon, and promising for the fu­ture that he would solely apply himself to his trade, the Cen­sors pardon'd him his former faults upon condition of perform­ing his present engagements.

William Turner, Batchelor of Physick in Oxford, having lived 2 years in London and practised Physick therein, was cited to appear before the Censors; by whom being asked by what authority he practised in London, he first pleaded his privilege as having taken a Degree in Physick in one of our Universities, then as being a Citizen of London; But when it was shewn him, that neither of these could bear him out in the breach of those privileges granted to the College of Physicians by Act of Parliament, he submitted to the Censors judgment and was ordered next Comitia to pass his examination, as a testimony of his ability, and was in the interval forbidden practice. He afterwards was examined, approved and admitted of the College.

Robert Swaine was complained of by 2 sufficient witnesses, that he had given a medicine to one Mary Walker a Woman [Page 365] with Child, with which she miscarried the day after; And he being summoned and not appearing, It was ordered by the President and Censors that he should be fined 5 l. and com­mitted to Prison (if he could be taken) which was according­ly done the same month. It appearing afterwards from his own confession and the accusation of others that he did not desist from practice (though he had twice obliged himself to the College de non practicando) he was committed to prison with a fine of 5 l.

Rose Griff [...] was complained of by Helen Piers for mala praxis, in that she had given to her and several other Women big with Child such remedies as put them into violent vomiting and stools with great danger of their lives: She confessed that she had given Lozenges of Antimony, pulvis sanctus, purging potions of Sarsa-paril. Senna, Hermodactyls, &c. For which she was arrested in the name of the College and sent to Prison.

Thomas Woodhouse, a Surgeon, was cited to appear before the President and Censors for practising Physick, but no witness appearing against him, he was dismissed. He was afterwards summoned upon the same account, when upon examination he confessed that he had given a certain Pill, which he called Pantalagogon, and a Cathartick diet. He was required by the Censors to bring along with him 5 l. the next Comitia as a mulct for this offence, or else he should be committed to Prison.

Henoch Clapham appeared before the President and Censors, being charged for setting up Bills on several posts in the City, wherein there were large promises made of the cure of several diseases. This he confessed, but withall he said, that he was ignorant of the College Privileges, neither had he committed any thing willingly against the Laws. Wherefore he was for­bidden practice, which he promised not to be guilty of for the future.

Dr. Tenant was accused by Mrs. Randol, who came before the President and Censors in the beginning of October, and witnessed that Dr. Tenant had visited a servant of hers about a month before, and had given him purging pills 4 days toge­ther, and likewise powders 4 days more, with which he had [Page 366] been purged so much beyond his strength, that she despaired of his life. She farther testified that the Dr. had undertaken his cure for 6 l. (of which he had received 40 s.) Which cure he was so far from performing, that whereas he had a tolerable stomach before, since the Doctor's undertaking him he had not tasted any thing, but pined away and now was dead of a Marasmus. Not long after, an Apothecary complained a­gainst the Dr. for his prescribing to a servant 2 pills for which he had 12 s. and at night a little Syrup for which he had 20 s. and after that some other Syrup for which he received 12 s. which were no advantage to the Patient, he dying in a few days of a flux of bloud. One Mr. S [...]gar King at Arms, with his wise, complained to the College against him, in that he had undertaken the cure of an Hydropical Gentlewoman, and had received of her 30 l. partly for his pains and partly for his Medicines (whose price he had advanced beyond all reason and conscience) yet left her without a cure. He was so im­pudent and unconscionable in the rating of his medicines, that he charged one Pill at 6 l. and an Apozeme at the same price. After this, one Mrs. Whitney and Mr. Fulres came to the Presi­dent and Censors, and charged Dr. Tenant with mala praxis, in that he had given to her husband (not very ill, but onely com­plaining of a gentle preternatural heat) one Pill of the bigness of a pease, for which he had 6 s. the operation of which was such, that it never ceased from Vomiting and Purging him from Friday morning till Sunday, at which time it had given him 40 Vomits and 30 Stools, with so great violence, that he shortly after died. He was arrested by order of the President and Censors for evil practice and contempt, &c. fined 20 l. and committed to Prison. Afterwards, an order was given for prosecuting him at Law, upon which he engaged a person of Quality to be his Advocate to the College that they might not proceed in their Suit against him; which was granted upon the payment of 20 l. fine, and 10 l. for practice and Costs of Suit. He was interdicted practice; yet it was proved again upon him in a short time, having taken of one 27 l. for the cure of a Quartan Ague which still remained: Of another 20 l. for the cure of the Stone without advantage; of another 6 l. for the cure of a Lientery. Upon his sight of the Urine of one of [Page 367] his Majestie's Guards, he declared that the night following he should have a grievous Fit, and the same day se'night should die. The man yet lives and is like to recover. Upon these and the like complaints the College commenced a fresh Suit against him.

Thomas Dowsing and his Wife complained to the President and Censors against one Aire, who had given to their daugh­ter a Medicine in the form of a Lozenge, which wrought so violently with her, that she never ceased Vomiting first hu­mour, then bloud (though various sorts of remedies were used) untill she died.

Peter Chamberleyne a Surgeon, was charged by Dr. Ridley for prescribing an Electuary to Mr. Lile's son; and Pills to a Girl, which procured a continual purging for 3 days. The Presi­dent reproving him for practising Physick against the Laws, told him, that if he did not desist from practice, he must ex­pect to be dealt with more severely. About 3 months after, Dr. Rawlins accused him of illegal and evil practice, in that he had undertaken the cure of a person complaining of an Arthritick disease, by Unction, Sweating Potions, Purging Physick, &c. for which he was fined 5 Marks, and obliged to give bond for the payment. He paid 3 l. 4 months after, and upon his submission was remitted the rest. He was again charged by Mr. Patinson for practising Physick upon one Mrs. Blosse, which at first he would have excused; but then inge­nuously confessed it, and was onely fined 4 Marks. Some time after a fine of 40 s. was imposed upon him de praxi medica il­licita & mala. He notwithstanding persisted in practice, con­fessing that he gave a drink to a Gentlewoman for 3 days to dry up a moisture that (he supposed) came from her back, for which he was fined and committed to prison: and though ap­plication was made to the College by the Lord Mayor, yet the President and Censors would not consent to his release, because he was committed pro mala praxi. A Petition not long after was presented to the College against him for under­taking a cure for 10 l. (of which he had received half:) and left the Patient worse than he found her. He was likewise complained of for mala praxis in Child-bed women, &c. upon which the Censors interdicted him all practice.

[Page 368] Mr. Doughton, a Surgeon, was complained of by Mr. Flud an Attorney, for that he had undertaken the cure of his Wife, ill of a Maniack distemper, for 20 l. and had done her little or no good; for after a month or two she relapsed into as bad a condition as formerly. But he confessing his fault, and having been never before convicted of the like, the President and Censors inflicted onely a fine of 40 s. upon him, with an ad­monition that for the future he should not intrude himself into a profession that he understood not. After this, he was char­ged with a very inhumane and unskilfull practice upon a wo­man in labour, by which both Mother and Infant perished, which was proved against him by the Midwife: Wherefore the President and Censors order'd his repayment of 5 l. which he received by agreement, and required a bond of 200 l. that he should never profess or practise Midwifery for the fu­ture.

Edward Putman, an old German Impostor, brought a Letter from the Earl of Exceter in favour of himself; Wherefore he was examined leniter tentandi causa by the President and Cen­sors; But found so egregiously ignorant that he knew not the definition of a disease nor the several species thereof. Where­fore it was agreed by the Censors, that out of respect to the Right honourable the Earl of Exceter, he should be pardoned for his former Practice, but interdicted for the future; and that a Letter should be sent to the Earl to acquaint him with the proceedings of the College in this affair.

Mrs. Sadler, being charged of illegal practising Physick, she appeared with 3 or 4 of her Neighbours, and confessed that she had given some Compositions, which by chance might purge twice or thrice; but she gave no Medicines. This vain excuse of hers deserved a greater punishment; but at that time the Censors onely order'd, that her Neighbours which she brought along with her should engage on her behalf, that she should not practise for the future; which they did, by subscribing their names to a Paper drawn up for that pur­pose.

Philippus Bernardinus, an Italian, was charged for selling a purging Medicine, which he pretended was not brought into England by him, but vended for a Merchant, to whom he was [Page 369] to give an account; but withall confessed, that he had given one dose of it to a person sick of a Fever. Wherefore he was obliged in a bond of 40 l. to appear at the next Comitia; which he did, and was by the Censors fined 20 l. and ordered to be imprisoned untill that sum was paid.

Mrs. Paine, a bold and impudent woman, was complained of by a Gentlewoman for practising Physick and undertaking the cure of several persons; amongst whom, was a Son of hers of 13 years old, to whom she gave (as she said) gentle Pills, which wrought the same day 40 times, and the day after near as many: She then anointed the Child's body, head, and all parts (the Stomach onely excepted) for 3 days, and for 9 days after sweat him with hot tyles, never suffering him to go out of his bed; Notwithstanding a salivation appeared not, but his Jaws and glands swelled so violently, that they despair­ed of the Child's life. After this, a servant of one Mr. Crow­der appeared before the President and Censors, testifying that he was sent to Mrs Paine, and that she alone (without any other advice) had undertaken the cure of his Master, and had received of him 5 l. which she thought too mean a reward, having neglected more valuable Patients at the same time. At her first coming to him he was so well, that he could walk about his Garden; but having taken from her a Vomit and preparatory Medicine, and after that been anointed thrice on his head, back, breast, armes and thighs with a Mercurial Ointment, he died under her cure. She being hereupon sum­moned to appear before the President and Censors, pretended that all she had done was by the order and authority of Dr. Bonham. But being a second time cited to appear before them upon a penalty of 40 s. and yet neglecting to come, she was fined 10 l. and order given for her commitment to prison, with a total prohibition of practice.

In the 7th year of this King's Reign, the following War­rant was sent from the King's Council to the Magistrates of the City of London for the attachment of Empiricks.

To all Justices, Mayors, Sheriffs, Bailiffs, Constables, Headboroughs, and all other his Majestie's Officers and Ministers to whom this shall or may appertain within the City of London, Suburbes and Liber­ties thereof, and the limitts within men­tioned, and to every and either of them.

WHereas by the Laws and Statutes of this Realm, power is given to the President of the College or Commonaltie of the faculty of Physick within the City of London and Suburbes thereof and seaven miles compass of the same for the time being, or to such as the same President and College for the time being, shall according to the Statute in that behalf made, authorize, to have the fyne, search, correction and government of all persons using the faculty of Phy­sick within the limits aforesaid, and to punish all such as shall unlawfully use or practise the said faculty within the same Precincts, contrary to the true intent and meaning of the Statute in that case made, with this further authority, that all Iustices, Mayors, She­riffs, Bailiffs, Constables and other Ministers and Officers within the City of London and Precinct afore­said, upon request to them made, should help, aid and assist the President of the said College and all persons by the said President and Commonalty from time to time authorized for the due execution of the Acts and Sta­tutes in that behalf made, upon pain for not giving such aid, help and assistance, to run in contempt of the King's Majestie, his Heirs and Successors. Now forasmuch as we have been enformed by the President of the College, that there are sundry unskilfull persons within the precincts and limitts aforesaid, who doe use [Page 371] and practise the said faculty contrary to the same Sta­tutes of this Realm in that case provided, and to the great peril and danger of the lives of many of his Ma­jestie's subjects; These are to will and require you and in his Majestie's name streightly to charge and com­mand you, that henceforth at all time and times you according to the tenour of the said Act be aiding and assisting to the said President and to those that shall be lawfully authorized by the said President and Col­lege, for the apprehending of all such persons as shall unlawfully use and practise the said faculty within the limits aforesaid contrary to the intent and meaning of the Statutes aforesaid, when they or any of them shall give you notice of and require, and thereupon to bring them before the said President or those authorised as aforesaid to their College, there to be examined and proceeded against as to the Law in that case shall ap­pertain. Whereof fail you not, as you and every of you will answer the contempt in that behalf made. Yeven under our hands at Whitehall the xxiiiith. day of July An. Dom. 1609. and in the seventh year of the Reigne of our Sovereign Lord James by the grace of God King of England, France and Ireland, Defender of the Faith, &c. and of Scotland the two and fortieth.

R. Cant.
T. Ellesmer Canc.
R. Salisbury,
H. Northampton,
T. Suffolk,
W. Knollys,
J. Stanhope,
Jul. Caesar,
Tho. Parry,
Tho. Fleming.
Jo. Corbet.

About 13 years after, the King was pleased to send a Let­ter to the President and Censors of the College, requiring them to summon all illegal and ignorant practitioners, in or­der to examine their sufficiency, and to punish the insuffici­ent according to the Laws in that case provided. The Con­tents of which are as follow.

To our trusty and welbeloved the President and Censors of the College of Physicians within our Cittie of London.

JAMES R.

TRusty and welbeloved, We greet you well. Whereas the Art of Physick by many unlearned men (making gain by the profession thereof to the great hurt and prejudice of many of our loving subjects) is much abused in many places in this our Realm, but especially in our City of London, and the Suburbes thereof, the government whereof (as touching the practice of the said Art and the practitioners thereof) being by the Lawes and Statutes of the Realme, com­mitted unto you the President and Censors of our College of Physicians, and you having also from us by our Letters Patents more ample authority for the suppression and correction of such Delinquents; We therefore minding, so farre as in us lyeth, the speedy reformation of all such abuses and inconveniences, do by these presents, as heretofore, yet more strictly, charge and command you the President and Censors aforesaid to call before you all such irregular and ignorant Practi­tioners, as contrary to our Lawes and authority do abuse that Art, and to examine their sufficiency; and such as you shall find not sufficient, to punish for their said practice, according to our Lawes in that case pro­vided. And whereas we are credibly given to under­stand that many having been punished and warned by you to desist from any further practice, do yet obsti­nately notwithstanding persist in the former contempt of our Laws and commandments, We will and com­mand you that you proceed against such Delinquents with all severity according to the tenor of our said Letters Patents and the due course of our Lawes by fine and imprisonment, or by causing them to enter [Page 373] into Recognisances with condition restraining them to offend any more, or otherwise as the case shall re­quire and is agreeable to Iustice. And our will and pleasure is, that such offendors as shall be so imprison­ed shall there remaine without being enlarged, unlesse it be upon their conformity and submission to you the said President and Censors, or other due course of Law. Wherein we require all our Iudges and Iustices, that they be very carefull and circumspect not to do any thing that may give encouragement to such offendors, by enlarging any such too easily without due examina­tion of the causes of their Commitment, first calling thereto the President and Censors or some of them, to declare the true reasons and causes thereof. And whereas we are given to understand that oftentimes upon the sollicitation of some or other friend or person of Quality, suiter to you for the sad Delinquents after their conviction, you have been moved to wink at their faults and neglect their punishment, to the great preju­dice of the health of many of our poor subjects, Our will and pleasure is, and we do hereby streightly charge and command you, that henceforth neither for favour, friendship, or respect of any you forbeare the just censure and punishment due by our Lawes to such Delinquents, as you shall answere us on the contrary at your peril; and that you require the aide and assistance of the Lord Mayor and Aldermen of our City of London (whom by our Letters we have so required to do) for your better expedition in the execution of this our Royal will and commandment, not doubting but that you with more care will seek to suppresse such intolerable abuses, and satisfy our trust in this case committed to you. Given under our signet at our Palace of Westminster the se­cond day of July in the twentieth yeare of our reign of England, France and Ireland, and of Scotland, the five and fiftieth.

[Page 374] At the same time another Letter was sent from the King to the Lord Mayor, Aldermen and Justices of London, the Copy of which is the following.

WHereas in the time of our Predecessors of fa­mous memory, by several Acts of Parliament, as also by our late Charter, there hath been sufficient provision and power given and granted to the College of Physicians in London to reforme and suppresse all and singular unlawfull and unlearned practitioners in Physick, and hearing neverthelesse that divers unskil­full and unlearned men and women do rashly adventure to enter into the practice of Physick to the great danger and hurt of our subjects; We therefore now finding that neither Acts of Parliament, nor our Charter hereto­fore granted, have for want of execution wrought such good effects as we wish alwayes for the good of our subjects, do by these presents charge you the Lord May­or, Aldermen and Iustices of peace within our City of London and the precincts, that with all readynesse you do aide and assist the President and Censors for the time being of our College of Physicians in London, or such Officers as the President and the said College shall ap­point, in the doing of all such things as by the said Acts of Parliament or Charter ought to be done for suppressing of all and every such person or persons, as contrary to the Laws of our Realme, or Charter or Acts of Parliament aforesaid shall dare to adventure in the practice of Physick upon any our subjects in the City of London, the Suburbes and precincts of the same, or within seven miles thereof. And to the intent that this our purpose tending to the safety of our subjects, and the suppression of irregular practitioners, may with more diligence and authority be effected, We do will and command you the Lord Mayor of the City of Lon­don, that at your next Sessions these our Letters may be so read and published, that all Iustices of peace as well within our said City, as also the Suburbes and pre­cincts of the same, may take knowledge of this our pleasure and command.

[Page 375] Mrs. Bryers, and old woman, was convicted of mala praxis, fined 5 l. and ordered to be imprisoned. After this, having given security that she would not practise for the future; yet prescribing Unctions, Sudorificks, Ointments, Plasters, Po­tions, &c. to several persons; Her bond was put in suit against her Security, and a new mulct laid upon her.

Nicholas Rowland, a Surgeon, being accused for practising Physick and that proved against him by witness, was fined 10 l. de praxi pessima, and order given for his imprisonment.

Mr. Holland, an Apothecary, was charged for practising Phy­sick upon several persons; which being proved, he was fined 5 l. and ordered to be forthwith imprisoned without present satisfaction given to the College. But he continuing contuma­cious, all the members of the College were prohibited writing of Bills to his shop, or making use thereof, untill he had clear­ed himself de non exercenda medicina. After this, he appeared before the President and Censors, and declared his readiness to acknowledge the College authority; but giving no other testimony thereof, but onely desiring his fine might be remit­ted, he was heard no further, but dismissed. A few months after He attended the President and Censors a second time, and being asked whether he would pay his fine and ac­knowledge his offence; He then begg'd the Colleges pardon, paid his fine, and promised that for the future he would be­have himself respectfully to them; upon which account, his censure was remitted, and he received into favour. But being afterwards complained of by Dr. Wineston, that he did support Mr. Buggs, who stood in opposition to the College; he denied any combination with him, yet confessed that he had made Phy­sick for Mr. Bland and other illegal practisers; which was like­wise plainly proved by his file of Bills that were sent for. After some time the President sent the 4 Censors to visit his shop, where besides divers bills found upon the file written by Empi­ricks and ignorant Mountebanks (of which they brought some away) they also found false compositions of Medicines, not made according to the rule of the London Dispensatory, which he was bound to observe; Wherefore the Censors ordered that those medicines should be forthwith destroyed, which was ac­cordingly done.

[Page 376] Dr. Eyre was cited before the College for practising phy­sick in London without Licence. Upon his appearance he gave no satisfaction to the President and Censors, wherefore they order'd his prosecution at Law, and had a Verdict against him de praxi illegitima; upon which he applyed himself to the College, begged their friendship, and promised submission. Then he was examined by the President and Censors; but not giving satisfaction of his ability for practice, He was rejected; and about 2 years after summoned to give an account by what authority he practised Physick in London; He replied that he practised in the Countrey not in the City, but thought he might, as being born here. But practice being proved against him, the Censors told him that they would sue him de praxi illegitima pro ann. But he paying 20 l. de praxi praeterita to the Treasurer of the College, the Censors let fall their suit. But he being after guilty of ill practice (which was proved against him) the Censors unanimously fined him 10 l. and order'd his imprisonment, which latter was dispensed with up­on condition that he would at the next publick Comitia own his obligations to the President, Censors and College for this their favour, which he readily promised and performed both in person and writing, paying likewise the fine imposed upon him. After this he was examined in order to his admissi­on into the College; which examination having passed, He was required to take great care and caution in his practice, and in difficult cases to call to his assistance some of his Col­leagues.

Dr. Burgess having been in Orders and now practising Phy­sick in London, was summoned before the President and Cen­sors to give an account by what authority he practised in this City contrary to the Statute-Law of this Kingdom. He in­genuously consessed; Not by any authority, but by the indul­gence of the College; and told them he had formerly offered himself to examination, though he had not yet been exami­ned. The President replied, that by a Statute of the College (which was read by the Register) they could not examine, admit, or permit any to the practice of Physick, who had been in Holy Orders. Besides, if the Statutes of the College would allow it, He told him, that an admission to a person [Page 377] that had been so qualified, was repugnant to the Statute Laws of the Kingdom and Canons Ecclesiastical. He replied with great temper and candour, that he would not contra­dict either the one or the other, but lay down practice in London. After this, he was convened a second time before the President and Censors and interdicted the practice of Physick within the College Liberties, to which he submitted, and promised that he would speedily betake himself to the Country. Some of the Fellows of the College were com­plained of for consulting with him.

About the 10th. year of this King's Reign, the following Letter was sent to the College of Physicians (upon the death of the Countess of Rutland) by the Right Honourable the Lord Viscount Lisle, to summon before them one Mr. Talbot, a Fellow of Merton College in Oxford, to enquire into the Medicines prescribed by him in this noble Ladies Case, that so they might find whether either by presumption or unskil­fulness her Honour's end was procured or hastned; the Con­tents of which Letter are the following.

To the Right Worshipfull the President and College of Physicians in London.

AFter my very heartie commendations, I have thought it fit to give you knowledge that on Friday last being the 31th. of Julie, the Countesse of Rutland my worthy and deare Niece did depart this life. Among other that did mi­nister Physick unto her during her sicknesse here in London, was one Mr. Talbott, a Fellow of Merton College in Oxford, whose proceedings with her, and the Medicines he gave her (for during the time he 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 [Page 378] 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 [Page 379] 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.

[Page 380] 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 A [...]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 shall appear: These are therefore to will and require you to appoint some three Physicians of your Society, of good reputation as well for their learning as otherwise, who together with the Physicians of the said Lady Arabella, shall presently repayre unto the Tower, and there view and search the Corps of the said Lady, and to return joyntly their opinion unto me of the nature of the disease whereof she dyed, that we may acquaint his Majestie therewithall. And so I bid you hear­tily farewell.

From the Court at Whitehall this 27th. of Sept. 1615.
Your loving friend Ralphe Winwood.

According to the King's command, some Physicians of the College met at the Tower, and, upon a diligent inspection of the body of the Lady Arabella, were of an opinion, that the cause of this noble Lady's death was a long chronical sick­ness; that the species of her disease was a Cachexie, which daily encreasing (partly by her own neglect and partly by her aversation to medicine) did at length bring her into a confir­med indisposition of her Liver and extreme leanness, from which causes death must needs ensue. This testimony was signed by the President, Register, and four Fellows of the College.

[Page 382] Iohn Bartley, a practiser in Physick, was accused by an Apo­thecary for ill practice; after which upon a Censors day a Reverend Divine with his Wife made complaint, that this Bartley having through ignorance and unskilfulness prescribed a very violent Medicine to their daughter, had thereby hasten­ed her death; An exact relation of all the particulars, with the names of the persons present, (drawn up in writing and signed with both their hands) they offered to the Censors, earnestly desiring that the Officers of the College would take cognisance thereof, and by their censure give them all the as­sistance they could, they intending to prosecute Bartley and bring him to trial for the death of their daughter. The sum of their Narrative was this, That the said Bartley being by cer­tain Women recommended to them, and having bargained for the cure, and received part of the money in hand, he gave their daughter amongst other Medicines a remedy which both vomited and purged her (notwithstanding she had long la­boured under an old Cough) from which time she began vi­sibly to sink and died in a few days after. The Censors con­sidering on the one hand the prayers and tears of the Parents, and on the other hand Bartley's not being present to answer for himself, thought they should do what became them, if they condemned the fact for mala praxis, as it stood reported in the Narrative.

In the 11th. of this King's Reign, the following Warrant was sent to the Apothecaries from the King's Council, requi­ring them to deliver to the President and Censors the Bills of all illegal Practisers.

To all the Apothecaries within the City of London and the Suburbs thereof.

THese shall be in his Majestie's name straightly to command you, that upon the coming of the Pre­sident and Censors of the College of Physick in Lon­don to your shops or houses, you deliver unto them without any delay or excuse, all such Bills and Re­ceipts as you have of any Practitioners not licensed by [Page 383] the College; Whereunto though you be bound by the Laws of the Land, yet we have thought fit upon some causes known unto us now, by these our Letters to command you to do the same.

April 22. 1613.
  • G. Cant.
  • Pembroke.
  • Ellesmere, Canc.
  • Ro. Rochester.
  • Jul. Caesar.
  • Gilb. Shrewsbury.
  • E. Wotton.
  • Th. Parry.

Dr. Brouuart, a Leyden Physician, was charged for practi­sing Physick in London, &c. contrary to Law; He replyed, that it was necessity that obliged him to practise, and that he was ignorant of the College authority. The President told him, that practising without licence, was entring upon the lawfull possession of others, against all right and reason; But because he had behaved himself modestly, he was respectfully dismissed. He requested a connivence from the College if he might not have their admission. The President told him, that neither the one or the other was to be granted without exami­nation. About two months after, he applied himself to the President and Censors, and desired that they would permit him to enjoy the privileges granted him by the University; and therefore He would put on the hat of honour (as he called it) which the University had put on him, and not stand bare. The President told him, that it was their custome, and a good one too, that men should be examined uncove­red, and that this honour was not so much paid to the Pre­sident and Censors, as to the College in which they (under the King's Majesty) bore the Character of Magistrates. He therefore, pulling off his hat, told them that he had been a Doctour four years, and professed Physick in his own Coun­try and in France. The President demanded how that appea­red, and whether he had any Patent or Letters Testimonial; which he not then being able to produce (having left them, as he said, in his own Country) the President told him, that he could neither practise nor proceed any further towards the procuring a Licence till he brought his Patent, and then af­terwards must be examined, which he refused. But when [Page 384] he understood that it was unavoidable, He took out of his pocket the King's Letter wrote to the President and College in his favour. After which he was again summoned to ap­pear before the President and Censors, and being by them examined, he was permitted to practise.

One Brown, a Surgeon, was complained of for giving inter­nal Medicines in affections of the Eyes, which was proved against him and he fined 50 s. which if not paid in fourteen days, he was to be imprisoned: but this he prevented by pay­ing his fine to the Treasurer of the College at the time ap­pointed.

William Blanke, Chandler, confessed his practising of Physick, yet owned he understood no Latin, but thought he had learn­ing for it: He was interdicted practice, and threatned fine and imprisonment, if found guilty for the future. Not long after, he was accused, and confessed his giving of Medicines to one, who (he said) had a convulsion of the Stomach, with infection of the Liver, and raised his Lungs into his Throat; which he brought down by applying a Tench to his back. He said, that he may, must and will purge as others did. Wherefore for his ill and unlawfull practice the Censors committed him to the Compter with a Mulct of 40 s. which he paid and was released within three days. He was again convented, and declared, that he practised but in trifles; as Fevers. He prescribed to one man a Medicine compounded of Cordials, Purgatives and Opiates. Being charged with giving a Vomit, he said that all accusations against him were as the witnesses against Christ, that in three days he would destroy the Temple and build it again; and to answer before the President and Censors, was but as to Herod and the rest that would harden their hearts. For erec­ting of Figures, he confessed he used it. As for Surgery, be­ing asked if he had his Letters of admittance, had been exa­mined, or were of the Lecture Bill, he knew not what it meant; Onely for his money he had been translated from the Chandlers to the Barber Chirurgeons, &c. For his evil and illegal practice, he was censured imprisonment and fined 5 li. which paying before his commitment, the President told him, that if hereafter he were found guilty of the like, he [Page 385] should be more severely treated. Notwithstanding practice was again proved against him, and two very unlearned Bills of his writing presented by the President, upon which he being examined, could answer nothing but with ignorance and in­solence, not knowing what or whence or to what use the Di­ascordium was, for which he wrote; but said the President and Censors would use him as they did Christ, taking that for the Temple which he meant his body, and such like. The Cen­sors unanimously fined him 10 l. and ordered his commitment to the Compter. After which he appeared with several of his Patrons, to whom the President gave an account of their fair and just procedure towards him. He told them, that he was no better than his Master, who was God the Saviour of us all. He was charged, that for pains in the Back he caused hairs to be cut; and being asked why, he answered because the vapours spread: But he said that those pains were a Sciati­ca, a moisture falling from the Head into the Whirlebone. Being asked what a Dropsie was, he said it came first from an indisposition of the Liver, sometime too hot and sometime too cold, about the Navel or about the whole Body. He was remanded back to prison with his former fine. But the Sheriff taking him home, he went abroad, braved and practi­sed unlawfully, as was proved by his Bills, which he said were to draw water between skin and flesh by Urine. Being asked amongst other things whether Mugwort had that virtue; he replied, Ay by Dodonaeus. Upon this, the Censors made a new Warrant for his commitment, and encreased his fine to 15 l. Some short time after, he appeared again, denied seve­ral rude and insolent words proved against him, saying, that the great ones words in this World were as Gospel, but the little ones as Apocrypha. He behaving himself rudely and beg­ging no pardon, was again remanded to prison; But within a few days a petition was sent by his Wife and Children to beg of the College, that he might be freed from Prison and his fine remitted; upon which the President and Censors, com­miserating the miserable condition of his family, remitted part of the fine, and took his promise for not practising for the future within the College Liberties. About 3 years after, practice was proved against him, for which he was ordered [Page 386] to pay 5 l. to the College for a fine, and give bond of 20 l. to practise no more. Within a twelvemonth, he procured the following Letter from the Bishop of Lincoln then Lord Keeper.

To my very loving friends Dr. Moundford President of the College of Physicians, the four Cen­sors, and the rest of that Company, London.

AFter my very hearty commendations. Having here­tofore recommended Mr. Blanke a Physician unto you, whereupon you were then pleased to favour him (for which I doe give you many thanks) I doe now again upon new and just occasions redouble my suite in his behalf, very hear­tily praying you to doe him what favour you may in his profession and practice. And so not doubting but for my sake and his own merits you will respect him herein, I com­mit you to God.

Your loving friend Jo. Lincoln. C. S.

To this Letter the College returned the following answer by six of their Members.

Right Reverend Father in God, and most noble Lord,

'TIs long since we have been fully satisfyed what reve­rence and respect, that favour your Honour is pleased to shew to men of Letters, requires of us. And we humbly desire you to believe, that we shall never sail of being carefull to pay it to your Lordship all manner of ways. For we ac­count it no small advantage to us, if the meanness of our con­dition will permit us to doe any thing that may be accepta­ble to your Lordship; And we are troubled that your Lordship should make an experiment of your power over us in the affaire of a man whom the Laws of the Kingdome, [Page 387] the Obligation of our Oathes, and the most strict com­mands of his Majestie forbid us to have any regard to. We have sent your Lordship by some of our Body the King's Letter, wherein he forbids it; and we are certain that the commendation your Lordship hath given of this illiterate fellow did not proceed from your owne opinion of him, but the suggestion of others. But if it should prove that we are so mistaken in this matter, that your Lordship should have any good opinion of the least ingenuity or learning that your Lordship knowes he hath, We engage our selves not to put any longer stop to his Petition. But if on the other side it shall appeare, that contrary to right and with­out any merit of his owne, but by the application of those he hath made complaint to, he hath obtained the recom­mendation of so great a person, We beseech your Lordship to take upon you the defence of the publick concernment of health, the interest of the Universities, and the necessity we are under, and not to think that what we have here done hath been from an affectation of denying what your wisdome will easily perceive by the foresaid Letter we had no power to grant. God preserve your Honour long in safe­ty for the good of Church and State.

After this he was complained of for prescribing a suffumi­gation in an acute disease, upon which the Patient was in danger of being choaked; and being examined in that and the like diseases, he desired to be excused from answering; upon which the President advised to put his bond in Suit. Not long after, an Apothecary charged him for prescribing a Powder to a Gentlewoman, who complained of being highly inflamed and burnt up upon the use of it. Being re­quired to give an account by what authority he practised Physick, he produced Letters from the Bishop of Lincoln gi­ving him liberty to practise within the liberties of Westminster. As to the witness which appeared against him, he said, He which died upon the Cross, died by false witness. He was by the Censors proceeded against, and an Action entred. He was likewise accused for practising Physick unlawfully and un­advisedly upon the person of one Mr. Bonner: Blank appearing [Page 388] upon summons, confessed that he had practised Physick in London 13 years, that he did it by Licence according to the Statutes of the Kingdom, having my Lord of Canterbury's Li­cence fortified by the great Seal of England. But notwith­standing this plea, (for his bad practice upon Mr. Bonner,) he was sentenced by the 4 Censors to pay 20 l. and to lie in Newgate till he paid it. About 4 days after, he brought Let­ters Patent granted him from the Arch-bishop of Canterbury and confirmed by the King: However he was committed to Newgate, ob pessimam praxin, Mr. Fitz-Williams attesting that Mr. Bonner was killed by sleeping Pills of his Prescription. A week after, Mr. President proposed that the cause of Blank's imprisonment by the Censors (being by Blank questioned in the King's Bench) should be exemplified and registred, viz. How he was by sentence of that Court remanded unto his Prison from whence he came by virtue of a Writ of Habeas Corpus. After this, Mr. Emmery a Scrivener came to the College to pay the fine imposed upon Blank, viz. 20 l. which was then received and a Warrant signed for his enlargement. About a month after he again appeared upon summons, where he was admonished upon pain of the severest punishment by the Laws to be inflicted upon such Delinquents as he was, that he should not adventure any more to practise Physick, it be­ing an employment by him so little understood. Yet 3 years af­ter, he was brought again before the President and Censors▪ by the Messenger, and being admonished to cease from practice, having neither learning nor licence so to do, he justified his practice by the Statute made in the 34 H. 8. c. 8. and appeal­ed to the Law for his defence; Wherefore it was resolved to put him in suit, which accordingly was done.

George Butler, being cited to appear before the President and Censors, returned this answer, That he was the King's servant and must attend his Majesty. About 3 years after, upon a fresh summons he appeared, and confessed the giving of Physick, to cleanse the body, being such as made way for Surgery. He shewed a Licence from his Grace of Canterbury, which gave him liberty to practise Surgery, and Physick so far as was necessary and convenient to that Art; which Li­cence was confirmed under the great Seal. About Easter [Page 389] following, he gave 3 Pills to Mrs. Style for a sore Leg and stopping at the Stomach; by which she died that night she took them. To another woman he gave Pills under the pre­tence of a sore Leg between 7 and 9 of the Clock in the morn­ing, with which she grew sick and vomited with great extre­mity and died about 5 of the Clock in the evening, being very well before, and going up and down. He left his Patent with the President and Censors, they never requiring or desi­ring him; upon which, application was made to his Grace the Lord Arch-bishop, to the Right Honourable the Lord Chan­cellor, the Master of the Rolls and Attorney General, that Butler's Letters Patents might be recalled; which they con­sented to. About 2 months after, Butler appearing before the Censors, was asked if he would stand to his former Li­cence for practice; he answered he would ask his Councell. Being then required to give over the practice of Physick; he answered, I mean so to do. He knew not that his Licence was called in by the Lord Chancellor, nor that a Vacat was set on it. Mr. President charged him that he employed one to sell his Medicines, which he denied; but for a sore Leg or the like he confessed he gave somewhat inward: But now understanding that it was unlawfull, he promised to do so no more. He said he was never told of my Lord of Canter­bury's displeasure at his Licence. In short, he was interdicted all practice in Physick. But not long after, Butler came to the President and Censors, being recommended to them by the Lord Chief Justice, upon which the President asked him if he did profess Physick; He said, No. Being then asked, do you give Physick? he said, No. Being charged with se­veral proofs against him, he denied them. He confessed he was no Graduate nor of any University, but said that he un­derstood Latine, and that he practised as a Surgeon. Being then examined in Latine, he denied to answer; which was told him, should be related to the Lord Chief Justice that sent him to the College. He replied, that he cared not three pence for their Information. He confessed that he had caused Medicines to be made, and that the Apothecaries took of him 100 l. per ann. In his Surgery cures, he owned that he gave Physick to kill the cause inwardly. Being asked what the [Page 390] Pox was, he answered an infection taken in nature afore action. Upon this examination, &c. the President and Cen­sors drew up the following Letter, which they forthwith pre­sented to the Lord Chief Justice.

MAy it please your Lordship to be informed, That whereas according to your Lordship's command George Butler appeared to be examined of his sufficiency and knowledge in Physick and his practice therein, before us the President and Censors of the College of Physicians, First he acknowledged himself not to be learned, Graduate, or of any University, neither indeed do we find him to have any learning, by such speeches which he let fall from him in conference: and as for examination in Latine and in Phy­sick, he refused to answere: And for the point of practice, amongst many particulars alledged against him, he did ac­knowledge in generall, that he doth give inward Physick, if his Patients in Surgery doe need it, and that the Apothe­caryes doe take of him 100 l. a year for Medicines and drugs. And being charged with 2 several practices, the one on the person of Mrs. Style, as doth appeare by the a­foresaid Butler's confession in our Register, for a sore Leg and a stopping in her Stomach, when she had no sore Leg, but under that pretence he gave her Pills, of which she dyed (according to the words of the Register) the same day: The which practice we the President and Censors do con­demne for ill and unlawfull. The other practice was upon the body of Margaret Shover, now againe confessed by him, who took upon him to cure her (as he saith) of the Pox; but being by the Censors asked what disease the Pox is, he did not give any reasonable answere, such is his igno­rance: But her disease upon Register doth not appear to be soe, although he gave her the Unction for the Pox, and other purging Physick, neither according to Science or Conscience.

[Page 391] Not long after he was complained of by a woman to whom he gave 25 Pills, for which he expected 30 s. a piece; To another he gave 4 Purges, and had her petticoat in pawn. He promised her help within 7 days or to give her 100 l. But after 9 days she was very ill and continued in great weakness. Upon this and the like complaints the Censors fined him 10 l. and ordered his imprisonment for 14 days, and that he should not be released but by the President's order. About 3 years after, he was again complained of for giving Pills of Opium to a Woman, by which she was stupified. Being called, he blew up a powder into her Nose, promised her recovery, but she died in one hours time. The like evil practice he was guilty of upon two more: For which the Censors order'd him to be arrested; but he petitioned that he might answer the College action without an arrest; which was granted, provided he would find Sureties to answer the College Suit if he were cast at Law. Which being done, and this Cause appointed to be heard at the King's Bench Bar, 6 of the Fel­lows of the College were deputed to attend there; and after this hearing Dr. Harvey, the Treasurer, and the 4 Censors were desired to take special care in the future management of the College's cause against Butler; who had procured a pro­tection from the Lord Chamberlain, upon which account 4 of the Fellows were ordered by the President to wait upon his Lordship to take off his protection, that the College might proceed in their Suit against him. The Lord Cham­berlain upon their application declared his readiness to comply with the College's request, and ordered his Secretary to write the following reference against Butler.

The College of Physicians having represented that one George Butler, under colour of being sworne an extraordinary Chirurgion to his Majestie, doth take upon him to give Physick and practise Chirur­gery without either skill or Licence, to the apparent prejudice and en­dangering of the lives of his Majestie's subjects; and thereupon de­sired leave to take the ordinary course of Law to inhibite his practice, and to prevent the danger which may ensue thereby: I do hereby de­clare and publish unto all such as it may concerne, that I have and do give free leave and liberty unto the said College to use all lawfull [Page 392] wayes and meanes accustomed in like cases, either by arrest or other­wise, for the suppressing and prohibiting of the said Butler's further practice, in as free and ample manner as if the said Butler had never been sworne the King's servant. Whitehall the 25th of Novem­ber, 1626.

About 8 months after, several fresh complaints of great mischief done by Butler in his practice were exhibited against him: As particularly for giving a sleeping potion to one Patient, who was sound dead in his sleep. The wife of this man thus murthered, applied her self to the Censors, and de­sired that Mr. Butler might be punished for professing that, which he did not understand; which she pressed the more, because (she said) such a man as he, might kill many both Body and Soul, every one being not so well prepared for death as her husband. She desired a Certificate from the College concerning Mr. Butler and his ill practice. After this, Butler sent a Letter to the President and College, which being read, was rejected. After this a servant of Butler's ac­quainted the Censors, that while she dwelt with him, a wo­man came to him for Cure, who within 3 weeks died and was carried away secretly, without tolling the Bell, or any Minister being called. Upon this information, Butler endea­voured to imprison this servant, using all arts to take her, which occasioned her application to the College for their pro­tection, complaining of the many injuries she had received from Mr. Butler since her appearing against him. Wherefore the President ordered the following Letter to be drawn up and presented to the Lord Chief Justice, in her behalf.

MAy it please your Lordship to understand, that the Petitioner on the 7th of Jan. last past came to our College voluntarily to complain of the evil practice of Mr. Butler as is in the petition specified; since which time we are certainly informed, that he hath laid heavy actions upon her and kept her in prison as is above specified, We con­ceiving the chief grounds of his violent proceedings against her to have risen upon her complaint made to us: In con­sideration of her misery, (We having noe power to relieve [Page 393] her) doe presume humbly to intreat your Lordship to take such course as your Lordship in your wisdome shall think fit, that she may obtain the benefit of her Petition.

After this, Dr. Winston signified to the College that Butler sent a petition to him to be presented to the College, which he refused. Then Butler sent a Letter to the President, after which it was agreed, that if he paid in the money recovered and due to the College before the Term, then the other Suits depending might be suspended, if it pleased the Pre­sident.

A Letter about this time in the behalf of Butler was brought from the Lord Chief Justice of the Common Pleas by Cap­tain Butler, directed to the President and Censors of the Col­lege, the Contents of which are the following.

Mr. Doctor Argent,

I Am informed of a Judgment which is obtained against Mr. Butler at your Suit, and the rest of the College of Physicians for 60 l. which I find him very willing and rea­dy to satisfie, so far forth as his ability will give leave for the present. He will pay half the money in hand, and the next some time the next Terme, which I conceive is no ill payment, his estate considered. Therefore I desire you and the rest of your College to take him thus far into your consideration: And what you do herein I shall take as done in respect of me, who am intreated to write in his favour by some whom I am willing to satisfy in this request, appear­ing to me to be but reasonable, and little hurtfull to your selves. But to animate him of any other against your Go­vernment I neither do nor ever will write.

Your very assured loving friend, Ro. Heath.
Julii 1. 1633.

[Page 394] Captain Butler promised that on Friday 36 l. of the money due from Butler should be paid, and desired time till the next Term for the payment of the rest; The College took time to consider for a few days, and then promised him their an­swer.

Upon the Friday aforementioned (according to promise) Captain Butler brought 36 l. from Mr. Butler, to whom (by Mr. President's appointment) was given the following note.

It was ordered by Mr. President and Censors the 5th of July 1633. that Mr. George Butler (having sent in 36 l. in part of Payment of the 66 l. due to the College, by a judgment given against him in the King's Bench in Easter Term in the 7th year of his Majestie K. Charles 1. his Reign) at the request of the Lord Chief justice of the Common Pleas, should have time given him for the payment of the other 30 l. till the 20th of November next ensuing; and in the mean time, all prosecution upon the foresaid judgment should surcease.

Mrs. Bendwell was complained of by Thomas Audley for under­taking his cure in 3 days though in a Hectick Fever, she tel­ling him that she had cured those whom the Doctours had left and could not cure. She gave him a Purging drink that wrought day and night, and brought him to exceeding weak­ness. He said that about the same time, she gave his Laun­dress physick, of whom she had Linen to pawn, which she was warned to bring in. Complaint was likewise made against her by a man and his wife, who had bargain'd with her for a cure, and had pawned a dozen of Napkins to raise money for her payment, &c. She was fined by the Censors 40 s. and a Warrant was making out for her commitment to prison; But being a miserable old woman, and submissive, the Warrant was stopp'd. After this a fresh complaint was made against her, that for pain in the Head and Stomach she gave drinks, and had Linen in pawn; She confessed her Diet­drink of Liquorish, Senna and Coloquintida, accounting 16 drachms for one ounce. She was commanded by the Censors to restore the Linen that night to the College Beadle, and or­dered a small fine, and prohibited all practice.

[Page 395] Thomas Greenwood, Surgeon, was accused by one William Adams, that for the grief of a little skin rubb'd off with his saddle in riding, he promised cure in 4 days: but physick'd him a fortnight, gave him diet-drinks, purged and over heat­ed him, and now sued him for 20 l. for the cure. Being ask­ed what his disease was, he replied Morbus Gallico; The Cen­sors order's his imprisonment, and a mulct of 5 l. to be inflicted upon him.

Christopher Beane, a prisoner 7 years for Debt in the King's Bench, was charged for giving Physick to one Mr. Sparkes, who, as Beane said, had a Rheum and sharp humour running from his Head to his Legs, which came by an obstruction of the Liver, with an ascent to the Head and thence down, for which he fomented, anointed and purged. He was told of applying of clouts, which he said wrought by natural means; likewise using the Adamant, to which he used no words, but said it was both attractive and repulsant; the one over draws, the other draws back, North draws and South drives back: This he said he did to drive back the humours; which it will disperse, that is, drive back. He being poor and already a prisoner, was fined but 40 s. order'd to be kept in prison by the Censors, and prohibited all practice.

In the 15th year of this King's Reign, the following Pe­tition was presented to his Majesty for the obtaining a Patent for the cure of Ruptures.

To the King's most Excellent Majesty,
The humble Petition of Robert Pawlet and Ralphkewe.

MOst humbly shewing that your Majestie's poore suppli­ants have by their long travail, experience and prac­tice in Physick and Chirurgery attained unto a rare secret for the curing of Ruptures in people of all ages without any paine or administration of Physick, but onely with outward ap­plication and inward Cordials; and being willing to par­ticipate the benefit thereof to the glory of God and com­comfort [Page 396] of your Majestie's subjects soe diseased throughout your Highnesse's Dominions,

We doe most humbly intreat your Majestie's gracious Letters Patents during our lives freely to practise the same by our selves or sufficient Deputies, without the lett or hindrance of any whatsoever. And that it may appeare that we have noe intent to abuse your Majestie's Grant or wrong your Subjects, we do freely offer that it shall be con­teyned in your Majestie's Letters Patents that no party so grieved shall pay for his cure untill he be perfectly cured, and that all such as are poore and unable to pay, shall be cured freely without paying any thing. And we shall according to our bounden dutyes ever pray to God for your Majestie's long and prosperous Reigne.

At the Court at Theobalds 25 Febr. 1617.

His Majestie's pleasure is, that the President of the College of Physicians in London shall take consideration of this Petition, and certifie his Majestie in what manner it is meet for his Highness to grant the Petitioners request.

Sidney Montague.

The College returned the following answer.

THe President and College of Physicians of London the 20th of this present March being assembled together to consider of the Petition referred unto them by his Majestie, finding the effect thereof to be a Royall Patent to be granted for the Practising of a Secret in Ruptures, and suspecting all secret practices, which for the most part are but colours and shadowes for ignorance and falshood, and because there are many sorts of Ruptures and of diverse causes not all curable by one Medicine, They doe humbly pray his Majestie that the said petitioners may come to the said President and Col­lege, and before them make manifest by reasons and expe­rience the truth of the said remedyes, and they will upon [Page 397] true knowlege had thereof informe his Majestie of the cer­tainty and truth thereof, leaving all to his Majestie's most Royal consideration.

Henry Atkins President of the College of the Physicians of London.

Iohn Lambe, a bold Empirick, was complained of for de­manding 40 or 50 l. for his Cures, as lately of Mr. Pickering in Cheapside who died in his hands. Mr. Evans gave in the fol­lowing account against him, and in these very words. The persons to whom Lambe (a notable Mountebank and Im­postor) gave Physick, and got great sums of money thereby this last year, are; Mr. Springham a Mercer, Mrs. Springham, Mrs. Puckle, Mrs. Cutts, Mr. Mosse a Lawyer, Mrs. Newport, Mrs. Littleton, Mr. Wilson the Keeper of Newgate; A Gentle-woman whom he undertook to cure, and took a great sum be­fore-hand and did her no good; He also cheated one Parry of 6 l. by shewing him delusions; He cheated one Mr. Peny of 40 s. by shewing him tricks in a Crystal; He cheated one Mrs. Lit­tleton of 3 l. 10 s. by making her believe he shewed her what hus­band she should have. He gave Physick to one Mrs. Palmer, and undertook to cure her for 40 Marks, whereof he had half in hand, but the woman died, and he cousened her. He now gives Physick to one Mr. Tristram, of whom he hath received 40 l. to cure him; He gave Physick to the Countess of Ex­ceter, and by means of delusions in a Crystal insinuates him­self into Ladies esteem and conceits. On Saturday last he got 50 l. for undertaking a cure. The Censors ordered Lambe to be summoned, and Evans was required to prove the forementioned accusations against him. After this Lambe procures the following Letter in his behalf from the Bishop of Durham.

To the Right Worshipfull my very loving friends the President and the rest of the College of Physicians of London.

WHereas the bearer Ioh. Lambe in some examinations of his taken by us hath professed that he maketh a poor living by practice in Physick and Chirurgery, whereto by his long experience and practice he holdeth himself suffi­cient, affirming that he hath done many and great cures in each kind: His Majestie being herewith acquainted, hath commanded me to send him to you, that upon the confe­rence with him you may both deliver you opinions of his fitnesse, as also take such further course with him according to your opinions of his worth as appertaineth to the care and trust of the welfare of his Majestie's Subjects inhabiting in and about the City of London by Law committed unto you. So I commit you to God and rest

Your very loving friend, B. Duresme.
Durham house Dec. 1627.

This Lambe was very famous throughout the Town, being admired for his great skill in the 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 [Page 399] 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.

[Page 400] 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.

[Page 401] 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, [Page 402] and give a bond of 20 l. (with security to the King) that she would not practise for the future.

George Houghton, Apothecary, was accused for giving of Pills to one Robert Roe, by which he had in 2 days threescore stools, fell into a bloudy Flux, and the Emrods, and died therewith, upon which there was a suspicion of poyson: but he said that they were onely Mastick Pills, and that but 3. The Censors deferred their sentence for the present, he being bound to an­swer this miscarriage in a higher Court. After this, the Cen­sors passed the following Judgment upon Houghton's practice upon the body of Mr. Robert Roe Counsellor at Law, That it was altogether unlawfull for him to give Pills or any other Medicine without the Counsel of some approved Physician. For the Pills, which the said Houghton says were Mastichinae, it is not probable they could work any such violent effect, being familiar and gentle Pills in themselves. He was by a general consent of the Censors adjudged to pay the sum of 40 s. which he was contented to doe. After this, some mem­bers of the College accused him of prescribing Physick to se­veral, for which he was summoned, and appeared, confessed his fault, beg'd pardon, was interdicted practice, and promi­sed not to be guilty for the future. But some time after he was complained of for giving a drink wherein was Lac Sulphu­ris, for which he took 5 s. and agreed to have 5 s. more, if it did the Patient good. He took it thrice, and after the third taking fell into a great Fever, and so continued burning, still complaining that the Rogue Houghton had killed him. Be­fore his taking this, he walk'd up and down the house and did eat his meat, which he never did after to his death. Houghton confessed the giving of the said Lac Sulphuris, but he thought he might doe it without offence, saying he did give it in Charity; but that was contradicted by his taking money for the medicine and compounding for more. He confessed it was mixed with Cinamon water, by which it was made much more hurtfull to the Patient, whom he con­ceived to be in a desperate case; Yet he gave him this Lac Sulphuris, not esteeming it physick: but nourishment it is not, and is therefore physick or poyson. This case being exami­ned by the Censors was by general consent found to be evil [Page 403] practice, for which he was fined 20 li. and committed pri­soner to Newgate. But Mr. Leighton the Keeper of Newgate after some time suffering Houghton to escape, had the follow­ing Letter sent to him.

WHereas the thirtieth day of August last past the bo­dy of Geo. Houghton was sent to your prison by the 4 Censors or Governours of our College for the time then being, with an imposition of a fine of 20 li. him to keep without bayle or Mainprise till he should be released by us, upon paine of forfeiting the double, as appeareth by the Statute of the first of Q. Mary: Now since you have let our prisoner escape, by these we demand of you the said summe of 40 li. to be brought to our President Dr. Foxe at his house in Carter lane London; otherwise you must give us leave to proceed against you by order of Law, as our Councel shall direct.

Abraham Hugobert, Apothecary, being summoned to appear before the Censors, was by Dr. Argent charged for the follow­ing practice, viz. That about the beginning of March, An. Dom. 1622. He gave pills to a servant of Mrs. Hillar near Wool-Church, who within 3 or 4 days died. Hugobert con­fessed his giving pills, but would have excused it by the po­verty of the boy. Pills of Hiera he gave to one weak and aguish with a naughty pulse. The Censors asked if those pills or Aloeticks were fit in that case. He said he made no profit, but denied the party had a Flux. The Censors fined him 5 li. and ordered his commitment to prison.

Robert Booker, was examined by the President and Censors concerning his skill in Physick upon the request of a person of Honour, to whom the Censors returned the following answer.

WHereas by your Honour's appointment one Robert Booker was brought before us to be examined con­cerning physick given by him to one Iohn Parker lying in St. Martin's lane, May it please your Honour to know, that we the Censors did accordingly examine the said Robert Booker concerning the said party: and we do find that he [Page 404] anointed him with certain Oyles from the Neck to the Foot, using at the time of his anointing this Charme: Three biters have bit him, heart, tongue, and eye: Three better shall help him presently. God the Father, God the Son, and God the Holy Ghost. And that also the next day he gave him a drink, which he drank, and more he did not to the sick Patient, but he would have done; and said it had been better for him he had followed his Counsel further: ma­king them believe that he was bewitched, and that he would discover who had bewitched him. Of which witch­craft, howbeit there may be some by the strongness of the sick man's infirmities, yet from our examination we cannot find the said Booker to have any skill therein. And thus we thought fit to acquaint your Honour, that after his punish­ment for his rash and evil practice he may be further orde­red as your Honour shall think fit.

Tobie Simson was cited to appear before the Censors, who for his absence was excused by a Gentleman from Lord Hol­derness Kelly and Lond, who had written for him and his sister Agnes King in cases of the Gout and outward applications. At length he appeared, and his Majestie's late Letter to the College for the punishment of Empiricks was read to him. Several witnesses were examined against him, who proved his giving of potions, powders and other medicines, for which he received 10 li. and had got 40 li. in few months. Being asked what the Palsie was, he could not tell; nor what the Gout was. Yet as to the kinds of the Gout, He said there were the running and standing, and that in set parts. Whence it had its Original, he knew not; but for the signs of it he could feel them with his fingers. As for his Medicine, he made it not; and sor the Ingredients he would not discover them: What Doses he gave of his powder and whereof it was made, he could not tell. The Lord Bishop of London returned thanks for respect had to his Letters, and desired that no ex­tremity, but some favour might be shewn to Tobie Simson; who being present and continuing in his ignorance, and refu­sing to reveal his Secrets, the Censors did agree that his prac­tice was evil practice, and therefore fined him 20 li. and or­dered his imprisonment.

[Page 405] Theodore N [...]ileman, having Letters wrote in his favour by a person of great Honour for procuring him a Licence, was ex­amined by the President and Censors. He complaining of having received a hurt in his head, was asked, what part were you hurt in? he answered in the Middlemost; the head is di­vided into 3 Coats. Which are they? He replyed the Su­tors. What is the Suture runs down the head? The Coro­nal. Being further asked what disease he had cured, he re­plyed the Yellow Jaundise. What is that? The overflowing of the Gall. What part goes it to? To the Mawe. What is the Mawe? The place of the first decoction. Having se­veral other questions proposed to him, it was resolved by the Censors that he was insufficient; and therefore forbid prac­tice.

PROCEEDINGS Against Empiricks, &c.
In King Charles I. his Reign.

MAster President with 3 of the Fellows of the College waited upon the Right Honourable the Lord Kee­per Coventry to return him thanks in the name of the College for the great favour he was pleased to express to them in the affair of the Surgeons, who endeavoured to pro­cure a Licence for their practising Physick in all cases Chirur­gical, and a power of Licensing for the future those that should practise their Art. But this Noble person opposed their most unjust Petition, refusing to grant the Seal, and gave the King a full and satisfactory account of this his de­nial.

Edward Graves, Apothecary, was complained of by a Woman whose Husband died under his ill practice, He having bled him whilst ill of a Dropsie and Tympany; Graves confessed the practice, but charged the Patient's death upon an ill course of diet and immoderate use of Wine. The Censors upon a full examination of both parties unanimously agreed, that he should be imprisoned and fined 5 li.

[Page 407] Iames Winter, Apothecary, was accused for trying practice upon one Cottaw, to whom he gave a purging Potion for a light galling. When Cottaw told him that he was exceeding well in his stomach, he gave his opinion that he was there­fore in the greater danger, and for that reason prescribed him 9 pills; which (Cottaw complaining) had done him no good, he order'd him another pill, with which all his teeth grew loose. He extorted 30 s. from him. Winter confessed that he had given him 2 pills of Turbith Mineral and diet-drink. For which the Censors fined him 10 li. which he promised to pay within a week.

Dr. Iaquinto was accused of evil practice upon a Woman with Child, who miscarried upon the use of his Medicines, for which the Censors ordered his imprisonment and a fine of 5 li. to be inflicted upon him. Upon this he procures the following Letter from the Earl of Manchester.

To my very loving friend Dr. Argent President of the College of Physicians in London.

Mr. President,

I Am informed by Dr. Iaquinto, whom I have long known and heard well of, That upon occasion of bu­sinesse that stayes him for a while in this City, He was re­quested by Mr. Basil Nichols to minister physick to his daughter, for which he is now questioned in the College, though both the Patient and her Parents confesse she re­ceived good thereby. And he hath intreated me to me­diate his freedome from further trouble and molestation during his stay, he behaving himself inoffensively, with­out intruding himself into other mens Cures: Which I am induced unto both for the honour of our Nation which hath been ever hospitable to strangers, and also for the respects I bear to learning and his profession, having prac­tised in this Kingdome 25 years, and thereby done good to many. I do therefore pray you and the rest of the College of Doctors, the rather for my sake to afford him [Page 408] to favour that he may live quietly, demeaning himself orderly, and I shall take it kindly, and wherein I may, rest

Your very loving friend, W. Manchester.

When it pleased God to visit me with a great sickness at Exeter this Doctor was of use to me, which makes me willing to use for him any favour I have with you.

W. M.
Canon Row, Feb. 14.

To this Letter the College returned the following Answer.

To the Right Honourable the Earl of Manche­ster, Lord President of his Majestie's most honourable Privy Council.

Right Honourable and our very good Lord,

HAving seen your Honour's Letter directed to Dr. Ar­gent, President of this College, and by him shewed unto us the Censors thereof and the rest of this Society, in favour of one Mr. Iaquinto, that we would for your Ho­nour's sake forbeare to molest him in his practice: It may please your Honour to understand, that we are all of us ex­ceeding glad to have this occasion offered us to gratify your Honour, the rather for the remembrance we have of your Honour's many favours done to this Profession, and of the support which your Honour in general giveth to the whole estate of Learning. And notwithstanding we are not alto­gether without feare, lest your Honour in your deeper Judgment may conceive us to be men somewhat too re­misse in our publick duty, in not shewing what we think hath been misreported to your Honour in this business: Whereupon happily might have followed, that your Honour would have been pleased to relinquish the patronage of him, the matter whereof he is convicted being no lesse than [Page 409] the miscarriage of a woman with Child, however it be now carryed: Yet we are enforced to satisfie your Honour in this in a double respect: First for your Honour's care in not extending your demand further than that little while which he is to stay here; and secondly for your Honour's testimony of personal use made of him, against which we may not contest: So that there remayneth now on the part of our duty, Humbly to intreat your Honour to take in worth this poor service we present you, in suffering the said Iaquinto to live quietly during the time limited: And what he hath concealed from your Honour for feare of a rebuke, which is, that he is fined by the College in a cer­tain summe of money, though but little, to the King, that your Honour would excuse us of it, it being not now in our power to reverse it. And we most humbly recom­mend our best service to your Honour, wishing to the same all increase of estate and happiness.

Your Honour's humbly at commandment
  • Argent, Pres.
    • Ro. Fludd,
    • Helkiah Crooke,
    • Fr. Herrin,
    • Otwell Meverell,
    Censors.
At our College-house this 18th. of Feb. 1627.

About a year and half after, Iaquinto was summoned to appear before the Censors, and admonished that he should not practise out of the Venetian Embassadours house. He was charged for a debt of 40 s. (being the remainder of a fine imposed upon him by the College) which he promised to pay within a week. He was after this accused by Dr. Crook for practising physick and prescribing improper remedies to a young woman sick of a Fever and Catarrh, which being examined and judged by the Censors unsutable for the Pati­ent's distemper, He was fined 5 li. which by the intercession of the Venetian Embassadour was remitted, provided he ab­stained from practice for the future.

One Reve, an Apochecary, was charged by Dr. Clement for practising physick, and for behaving himself rudely towards [Page 410] Physicians; likewise by Dr. Hinsloe. Reve excused himself that all he had given was by the prescription of Dr. Yelverton. He was after this frequently complained of both by Physici­ans and Patients, upon which account he procured the fol­lowing Letter from the Earl of Exeter.

To my very loving friends the President and Censors of the College of Physicians.

Good Mr. President,

I Have had almost 20 years experience of the civil carri­age, honesty and sufficiency of my servant John Reeve Apothecary, and am confident that in all affairs of his vo­cation he hath as skilfully, carefully and legally demeaned himself as any of his Profession whatsoever. Neverthelesse I understand that at sundry times since May last he hath been molested with Messengers from you and the Censors, to make his appearance personally before you, when by reason of his great sicknesse my self was deprived of his de­sired attendance in my service, and well might you in such case have spared him also. But I conceive that the false information of malitious persons against him, and the Mes­sengers fond hopes to enforce unnecessary fees from him, was the cause of his molestation. His service is of such consequence and esteeme with me, that he is daily and hourly upon every notice to attend me, and I may not want him, being well assured of his honest and fair demea­nour as well in the affairs of his profession, as in all his ac­tions. And therefore I desire you to forbeare sending Mes­sengers for him, or interrupting him any further, wherein you will oblige me (who in no wise would see him suffer) to acknowledge your respects towards him, and rest al­ways

Your very loving friend J. Exeter.

To this Letter the President and Censors returned the fol­lowing answer.

Right Honourable,

WE have in our dutifullest manner received your Ho­nour's Letter written to us the President and Cen­sors of this College, in the behalf of John Reeve, Apothecary, your Honour's servant, of whom we are very glad to heare how honest and usefull he hath been to your Honour, for the desire we have that your Honour should be well served, and should be as glad to have had the like testimony from others of his behaviour towards them, wherein how little he hath answered the good opinion that your Honour hath of him, your Honour may please to understand by this en­suing report. Which is, That upon the 19th. of January, 1637. one Sibyll Butler came before us in our College, and declared how John Reeve, Apothecary, finding her husband inclined to a Consumption, and for a moneth before, and at that time being afflicted with a continuall scowring, did let him bloud, and gave him a sleeping pill every other night for 3 weeks together, whereupon he dyed; and there­upon the said Reeve being convented before us the 26th. of the same moneth, the accusation was verifyed by witnesses and made soe plaine that he was brought to confesse how he had let the said Butler bloud twice, and given him cer­tain pills and other things all of his own head, and (as he said) out of his own Judgment, alledging for his so doing that there were Physicians that would not give poore folks Counsell if they wanted money. This practice found soe soul and contrary to Art by the Censors, in a person that hath no calling or ability to give Physick, was the cause of our sending for him, which whether it be a molestation or no, as he informes your Honour, we remit to your Ho­nour's Judgment, now that your Honour is truely informed of the truth; wherein we humbly desire your Honour to believe us without counterpoising his report with ours: and the rather, for that we forbeare to aggravate his fault with such circumstances as he knoweth we are able to bring [Page 412] against him, if it were not for putting him out of your Ho­nour's favour. And for satisfying your Honour, and to shew how absolute a power your Honour hath over us and every of us, we doe remit to your Honour how farre the same shall be pleased to command us to proceed in the matter of the complaint; Onely we are humble Suiters to your Honour to excuse us in the point of calling him before us upon the like occasions, except it be at such times as we shall know he is in actual service with your Honour, for that this being the due way granted us for the execution of our duty, unlesse we shall leave it as a precedent for all other Offenders to decline us, we may not remit it, be­ing bound by the trust that the State putteth upon us, and charged by the continuall commandments of the Kings and Queens of the Realme, and other admonitions of the Lords of his Majestie's honourable Privy Council, and lastly tyed by Oath at our entring into these places, to look diligently to the abuses committed by bad practisers upon the lives of his Majestie's Subjects, and in which we as yet were never interrupted by any solicitation; and soe with our heartiest prayers for your Honour's long and prosperous estate, we humbly take our leaves.

From our College-house, the 28. Decemb. 1638.

Bartholomew Vanderlash was accused for practising Physick, which he denied, but yet confessed that he had given healing draughts. Upon which, order was given for prosecuting him in the Court of Exchequer. After this, he was com­plained of by Dr. Crooke for giving purging pills to a woman in a Fever, and Physick to another person, for a year and half: Dr. Spicer likewise exhibited several informations a­gainst him to the President and Censors: As likewise one Mrs. Fitten, to whom (for a small pain and redness in her leg and arme) he had given a powder in white Wine, which purged her vehemently upward and downward above 25 times, and 12 times the next day. After which he gave her 4 fluxing pills (of which she took onely 2) which caused a [Page 413] salivation for above 20 days, for which she was forced to seek ease from Dr. Argent. Vanderlash denied not this fact, but a­vouched that he gave her the physick by directions from Dr. Read. But because he confessed that he had no bill from the said Doctour, the Censors took it for his own practice, which they declared to be very bad: and sent him to Newgate thereupon, with a fine of 20 li.

Russel Hutton, Surgeon, was complained of for giving pills of Turbith Mineral to one afflicted with a Dysury, upon which he fell into pissing of bloud, ulceration of the mouth and o­ther ill symptomes. He was punished 40 s. which if not dis­charged by the next Censors day, he was to be committed to prison for mala praxis.

Du Pont was accused for prescribing Mercurial powder to several persons, who had received great mischief by them; One of them having lost 14 teeth; Another by a Mercurial fumigation (prescribed by him) fell into swooning fits, lost her teeth and was so dangerously ill, that 2 Physicians were called in for her relief. Du Pont being taken by the Beadle and brought before the President, was released upon his bro­ther's engagement for his appearance before the Censors, but he broke his word; his brother excusing him that he durst not come, lest he should be imprisoned. 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 [Page 414] 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 4o 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, [Page 415] 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.

[Page 416] 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 [Page 417] 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 Honour's humble servant, Joh. Argent.
Julii 13. 1632.

After this, the Clerk of the Apothecaries Hall came to mediate for Buggs, desiring that his Fine might be paid at 2 several payments. It was thereupon agreed between the Pre­sident, Censors and Buggs, that he the said Buggs should pay 10 l. presently, 20 l. at 6 months end, and 20 l. at 6 months after; and that he should seal a Release of Errours both to the College and all Ministers and Officers used by the College in this business; which he agreed to, and since hath paid 10 l. and sealed the Bond and Releases. Within 2 months after this Dr. Hawlye accused Mr. Buggs for giving Physick, where­upon order was given for his citation, but producing Dr. Law­rence his Bills for the Physick given, he was discharged. He was likewise accused for suing one Smith in the Exchequer for Physick, and that in his Plea he termed himself [in Medicina peritus] and sued pro curatione luis venereae. But to this accu­sation he said, that one Dr. Cartmeale gave directions to that Smith for cure of the Pox. In Iuly 1633. Dr. Fox presented to the College Mr. Buggs his Bond, which was forfeited for not paying of 20 l. which his Sureties neglected and refused to pay, though they were put in mind thereof. It was therefore thought fit by the College that an Action should be entred against them. Whereupon Mr. Townesend and Mr. Broomsall (Mr. Buggs his Sureties) appeared, but refused to pay the money due to the College for which they stood bound, where­fore their Bond was forthwith put in suit by the College. After this, Mr. Buggs his Bills were brought to the College, and he complained of by Dr. Clarke for practice. It was there­fore [Page 418] ordered by the College that Buggs should be arrested with a Quo minus out of the Exchequer, notwithstanding he had ta­ken a Doctour's degree at Leyden. After this, the Physicians place in Christ's Church Hospital being void by the death of Dr. Clement, and it being justly feared that Buggs or some other irregular man was like (by the favour Buggs had with the Officers of that house) to get into that place, to the prejudice and dishonour of the College; It was therefore considered how to prevent that mischief. Some made him incapable, because he could not practise in this City without authority of the College, which was held a cause sufficient to exclude him. Others said that the Founder of that place, Mr. Beale, gave it first to Mr. Bredwell, and ordained, that after him one of the College should always succeed into the vacancy. That reason was also allowed effectual as the other. In fine it was concluded, that a Letter should be written from the College to the Lord Mayor to give him notice of both: which was accordingly done and presented by Dr. Baskervile. After this the President having heard by Dr. Oxenbridge, that there was further cause for the exclusion of Buggs found in the Register of Christ's Church, of this tenour; viz. That the Physician that is to be chosen to that place, is to be a Learned man, well qualified, and approved by the College of Physicians in London; He went himself together with Dr. Oxenbridge to the Lord Mayor, to advertise him of the intention that the Presi­dent of Christ's Church Hospital had to thrust in Buggs as Phy­sician to that Hospital contrary to all Law and Reason, and the express words of the Donour found in the Register. By whom they were received respectfully, and with a great deal of assurance, that he would see the College should have right and favour shewn them: and thereupon he sent immediately the Sword-bearer to the President of the Hospital to certify him of the College's reasons. Mr. Buggs after this upon sum­mons appeared, and being demanded how long he had practi­sed Physick, he answered that he had practised 2 years or more, viz. since he returned with the title of Doctour from Leyden. Being further demanded in what School or Univer­sity he had been bred and brought up, he answered, that he had never been an Academick, or brought up in any Univer­sity; [Page 419] but yet he had been bred in such a way as might well enough enable him to become a Doctour of Physick, which was in a Poticary's shop; which he held sufficient to make a Physician. Upon which Mr. President gave express charge to the said Buggs that he should not any more presume to practise Physick, being contrary to the Laws of the King­dom, which were then read out of the book of Statutes to him. He then asked how he should live, or what he should doe? It was replied, that he should return to his trade, and set up an Apothecary's shop; so he might live honestly in the profession wherein he had spent his life, and have the fa­vour of the College, which had been formerly offered by some of the Fellows, who for his better encouragement had pro­mised him half their practice. But he said, that would be too great a dishonour to him. Whereupon the Beadle was com­manded to take out the Copy of an Information given in against Buggs in the Court of Exchequer, Anno 1632. for 2 years prac­tice, being an exact pattern drawn by great Councel to direct the College for the future in their proceedings against unlaw­full practisers; whom the College till this time had sued onely for one years practice. It was also ordered by the President and the College, that out of hand a Suit should be commenced against Buggs for 2 years practice.

Iames Winter, Surgeon, was complained of by Ioan Kelloway, in that she being lamish and troubled with a running pain, Winter undertook her Cure about Midsummer was 2 years; for which cure, he was to have a Hen and 20 Chickens, and a Lamb when she was well. After this, Winter sent her some Diaprunis (as he called it) to purge her, by his Wife; who also after 3 days gave her a Pill, upon which she said she should spit. At Michaclmas following he gave her the unction, anointing her Legs, Thighs and Arms twice, upon which she spit 20 days. After this, he gave her Purges, Diet-drinks and Pills; He used also Cupping-glasses, Vesicatories, and made Is­sues in her Legs, promising to make her well: And for this cure he had 10 Sheep valued at 3 l. 10 s. onely he gave Harry Kelloway her husband 10 s. in money back. His wife also after her anointing, took from this complainant her Wastcoat, her Smock and her Head-geer, saying they were her Fees if they [Page 420] were worth 20 l. But this complainant yet not finding her self well, about May last, by his appointment, she had the Unction again, and Mr. Winter was once present at her anoin­ting. Upon this she fluxed more than before, which he see­ing, said, that now she would be a sound woman; and after, he gave her diet-drinks and pills, and then his wife gave her 2 Clysters; for which she had a brood Goose and 2 Goslings; for this he also challenged further content, but the man re­fused to give it unless his wife were well, and then he would give him 20 s. more.

William Trigge, Shoemaker, was summoned to appear before the Censors for practice objected against him; He confessed his practising Physick in the Rickets, bloudy Flux, Plague and Gout; but now he understood that he ought not, he would observe the President's commands and abstain totally from practice. Yet notwithstanding this engagement, Elizabeth Goodridge within 5 months exhibited complaints against him, for giving her husband Physick, of whom he received 20 s. for which she was constrained by reason of her poverty to pawn divers of her cloaths and houshold-stuff; And he was to have 40 s. more at the end of the Cure. Trigge prescribed him Drinks, Pills, Plasters, Vomits, &c. Being called and asked whether he were the King's or Queen's servant, He re­fused to answer, but said he was God's. He confessed his giving the Physick charged against him by Goodridge. Where­fore the Censors taking into their consideration the practice of the said William Trigge upon Thomas Goodridge, and examining particularly the manner thereof, did censure it to be evil, and therefore fined him 10 l. and committed him to the Compter prison in Woodstreet, till he should pay his fine. About 4. months after this censure, Mr. Cooke the Surgeon informed, that upon the 13th of August 1631. Trigge came to a woman sick of a burning Fever, to whom he gave a Clyster and Cor­dial, and on the 14th a Vomit of his own preparing; after which she grew worse, still declining, till the 18th, upon which day she died. Anno 1632. Philip Tiller of London-bridge Cloth worker and William Ley of Lumbardstreet (who were bail for Trigge) desired to be released from their bail by the College. Answer was made, that if they restored the Priso­ner, [Page 421] they should be freed. Dr. Winston likewise proposed to the President and College the following request from the Warden of the Fleet in reference to Trigge, viz. That where­as there was 25 l. recovered from Trigge, to the which the Warden of the Fleet is liable, in regard of his Escape: Yet now the Warden of the Fleet requests a mitigation, in re­gard the prisoner is escaped; and is willing forthwith to pay to the College 20 l. The College at the motion of Dr. Winston was not unwilling to accept that sum, leaving the busi­ness to Dr. Winston's discretion; giving him full authority to receive the said 20 l. to the use of the College; with this proviso, that if hereafter the said Warden of the Fleet shall recover the full sum, that then he shall pay the other 5 l. to the College, and not otherwise. Which 20 l. Dr. Hodson paid Dr. Fox the College Treasurer, having received it of the Warden of the Fleet as part of the debt due from Trigge, with a promise of paying the rest in case he recovered it. Af­ter this Dr. Spicer and Dr. Hodson gave an account to the Cen­sors of Trigge's practice, and Dr. Oxenbridge complained of his undertaking to cure an Hydropical woman by way of Para­centesis, and that the patient died within 14 days. Upon this Trigge was summoned, but not appearing, his wife came to excuse her husband's absence; She confessed he was by his breeding a Shoemaker, but now he made profession onely of distilling waters, and that he did use to give certain Powders and Cordials to such as were infected with the Plague. Henry Aron, Surgeon, appeared and averred that he being called to view the body of one Widow Thompson (whom Trigge had undertaken to cure of a Dropsie by Paracentesis) found, that the said Trigge had opened her belly himself in a place not proper for that operation, viz. upon the midst of the direct Muscle on the right side. Dr. Oxenbridge and Dr. Rant were likewise present with Mr. Aron at that time, and were witnes­ses of that indiscreet and Artless operation. Wherefore Trigge being brought to the College by a Messenger of the Council table, and charged with opening the body of an Hydropical woman, whereupon death ensued; he confessed the fact. And being demanded how he durst presume to undertake such an operation, being a Last-maker by his profession; he an­swered [Page 422] that he had seen Mrs. Nobes a Midwife open a body dead of a Dropsie, and that thereby he learned to make some observations, touching the dissection of Mens bodies. Be­sides, he excused himself, that what he did was done in the presence and with the assistance of a Physician, viz. Mr. Por­dage. But the Censors judged it a bold, dangerous and un­lawfull practice, for which they committed him to Newgate and fined him 20 l. After this Trigge's wife appeared in the behalf of her husband lying in Newgate, and being questioned touching his practice; she confessed that he made his Pills and Electuaries himself, and particularly Mithridate and London Treacle. That he had practised Physick in London 4 years since he came from Canterbury, and that otherwise he could not have lived. In conclusion, she paid 20 l. for her husband's fine; desiring he might be released from Newgate. Whereupon a Warrant was signed by the President and Cen­sors for his Enlargement. A week after he was again sum­mon'd to appear before the Censors, who interdicted him the practice of Physick any more, upon pain of the severest pu­nishment. He then professed, that he was bred and brought up in distilling of waters, to which trade he purposed to ap­ply himself. And complained that many Distillers of Aqua vitae in London made use of the Lees of Starch Wash and such trash to the great abuse of the King's Subjects, which he was able to make out. But practice being afterwards proved against him, he was prosecuted at Common Law.

Thomas Cooke, Surgeon, being charged for practising Physick, confessed that he gave some few medicines to the Poor. Be­ing asked how he came to understand that profession, he said from his Master Mollins. He was admonished to abstain from future practice, which he promised, and so was dis­missed. But about 3 months after, Dr. Winston complained that he had Salivated a Woman, upon which Salivation she died in 4 days. Wherefore, he was sent to Prison and fined 5 l. But upon his payment of 40 s. and confessing his fault, he was taken out of Prison. After this, he was again convened and accused for giving Mercurial Pills; he craved pardon for his offence, and promised never to offend again, and so he was sent away. Yet within a few years, he was again [Page 423] questioned concerning the death of a person of great Quality, to whom he gave (as he affirmed) first half an ounce of Cassia, and the like quantity of Manna for a bole, then Mercurius dulcis 5 times. The flux began to rise the third day: In conclusion this honourable Lady died. His Censure was, 1. To give security by bond of 100 l. not to practise the same way of fluxing by Mercury. 2. To acknowledge his ill practice to the Lady Knevet, and to bring back a testimony from her to the College, that he had confessed the same. He according­ly brought the ensuing Letter.

My good friends,

I Understand by this bearer Tho Cooke, that he is by your command in custody of a Messenger for some occasions best known to your selves; upon which you have enjoyned him, to repayre to me to make submission; which accor­dingly he hath fully and fairely done with much sorrow; and for my part I remit and forgive all offences to me, and desire with your savours he may be freed; and so wishing you all happinesse I rest

Your loving friend, Ka. Knyvett.
This 2d of March, 1638.

In the 5th year of this King's reign, several Empiricks pre­tending their Protection from Court, the President and Censors presented the following Petition against them to the Lord Chamberlain.

[Page 424]
To the Right Honourable Philip Earl of Pembroke and Montgomery, Lord Cham­berlain to his Majesty,

The humble Petition of the President and Censors of the College of Physicians,

Sheweth,

THat whereas there are diverse Empiricks, which con­trary to Law and conscience presume to practise Phy­sick in and about the City of London, as one Butler a Glover, Trigge a Lastmaker, Buggs one of the Queen of Bohemia's Players, sometimes an Apothecary; One Hill, one Blag­den; one Blank a Pewterer; and one Sir Saunder Duncombe a Pensioner to his Majestie, with diverse others, against whom the College cannot take the benefit of their Charter and his Majestie's Laws, by reason that they shrowd them­selves under the colour of being his Majestie's servants:

The Petitioners humbly beseech your Lordship, in tender regard of the health and safety of his Majestie's subjects, to give them leave to take the ordinary course of Law for the suppressing of the unlawfull practice of the aforesaid Empiricks, and all others that shall assume the like boldnesse.

And they shall pray, &c.

To this Petition the following answer was returned.

None of the persons complained of in this Petition, nor any other are admitted to his Majestie's service to intitle them to the practice of Phy­sick against the Charter of the College and his Majestie's Laws. And therefore if the Petitioners conceive that they have cause of Suit, ha­ving [Page 425] acquainted the partyes interested with my reference, they may freely take the benefit of his Majestie's Laws for their relief.

Pembroke and Montgomery.
Febr. 7. 1630.

Humphrey Beven, Chymist, was complained of for giving a Vomit to one Royston's daughter, who in the time of her vo­miting fell into convulsions and died. After this he was ac­cused for giving a Medicine to Mrs. Lane on a knife's point, upon the taking of which she voided clods of bloud upwards, and next day her gums were made black thereby, and so she fell to spitting and spawling till she died. The President and Censors did not think this business fit for them to censure; and therefore it was referred to the Courts of Justice.

Thomas Bowden, Surgeon, confessed that he directed severl Medicines (as Purges, Diet-drinks, &c.) to a Patient for the Morbus Gallicus, and thought it lawfull, he being so taught by his Master. The Censors examining the case could not discover it to be a Gonorrhoea impura, but onely a strain gotten by a fall, which caused the running of the reins. The prac­tice having been 2 or 3 years past, the Censors inflicted no other punishment upon him, but onely discommuned him untill he submitted to the College, which was done by the consent of all the Fellows, and signified by the Beadle to all their Members. About the same time one Flud an Apothe­cary was likewise discommuned, who afterwards submitted himself to the College, and craved a release from their inter­diction; which was granted, he paying the mulct of 20 s.

Mr. Sweno Clark and Executour to one Mr. William Turner presented a Petition against Mr. Clapham, an Apothecary, for giving physick to the said Mr. Turner, whose bills of charges he presented. Mr. Clapham appeared, to whom Mr. President declared the complaint made against him concerning his prac­tising Physick upon one Mr. Turner, and of his suing the Patient's Executours, and required him to produce what Doctours bills he had in that case. Mr. Clapham answered, that he had Dr. Peter Moyden alias Muden his Bills, even from September, 1630. till the latter end of March following: which [Page 426] Dr. Moyden was sometime his fellow-servant in Mr. Garret's house, but afterwards fell to the study of Physick. He con­fessed that the Doctour never was with Mr. Turner, onely saw his urines at Mr. Clapham's shop, and was instructed by him of the disease. He saith farther that Mr. Turner much despised Physick and Physicians, yet relied upon him, and was content at the last that Dr. Bruart should be brought to him, who came (as he said) too late.

Margaret Woodman, dwelling in Alhallows in the Wall, who kept Mr. Turner in his sickness, saith, that Mr. Clapham did usually look upon Mr. Turner's urines, causing them often to be turned, sometimes liking and sometimes disliking them: and that all the time she was with him, which was 10 weeks, she knew of no other Doctour but Mr. Clapham: and she saith farther, that by his bathing and medicining him, his Legs did not onely swell, but that his Toes rotted, and his Legs became extremely noisome.

Mr. William Kerbye, in Maiden lane, Merchant, saith, that Mr. Turner being taken with a giddiness fell, and by his fall hurt his Hip, for which he did advise him to use Counsel, and he answered, he used Mr. Clapham who was his old ac­quaintance; but Mr. Kerbye wishing him to use better Coun­sel, he said that Mr. Clapham told him he had the Counsel of a Doctour, and further saith, that then he could use his armes well, and that even to his death almost he had his senses well: and he saith that he told Mr. Turner, that Mr. Clapham had received of him 50 li. to which he answered that he had had of him twice as much. And he saith that Mr. Bruart coming to him, said he was called too late.

Mr. Henry Shelberrye, Scr. faith that Mr. Turner had his fall about the 7th. of October last, to whom Mr. Turner said he feared the swimming of his head, of which he had a fit 20 years ago coming from Paul's; and he asked Mr. Turner, whose Counsel he used? he said Mr. Clapham was his ancient Apothecary and one that knew his body well, yet that he had moneys from him for a Doctour.

Mr. Slater saith, that he was with Mr. Turner the day he dyed, and that he heard Mr. Turner's Maid blame Mr. Clap­ham, who she said had received of her Master in his sickness well near 100 li.

[Page 427] Mr. Clapham saith, that if he would have taken 5 li. or 6 li. for his Bill, that then this complaint had not been made. Mr. Clapham neglecting to attend the Censors upon due war­ning, they gave Mr. Sweno the following Certificate upon ma­ture deliberation.

WHereas Mr. William Sweno, Executor to one Mr. Wil­liam Turner deceased in April last, hath complained to us the President and Censors of the College of Physicians in London, of William Clapham, Apothecary, for that he administred Physick for diverse moneths together to the said William Turner, for which he hath received great summes of money to the summe of 80 li. and more, and yet hath presented more Bills, and sued the said Executors for 12 li. 14 s. and 10 d. more, as appeareth by his Declaration ex­hibited to the honourable Court of Common Pleas. We taking into consideration the misdemeanours that are daily in this kind presented unto us, and having sent for the same William Clapham, and examined him concerning this businesse, as also having examined di­verse of his Bills, brought in by him to us, and affirmed by his Ser­vant to be the Original Bills, which we find not to agree with those mentioned in his Declaration, neither in substance nor number; And that besides, the Bills presented to us, are not likely to be of any Phy­sicians prescribing, they being irregular and contrary to Art. There­fore we do certify to all whom it may concerne, that we have just cause to think that the Patient hath been unconscionably and unreaso­nably dealt withall. In witnesse whereof we the President and Censors of the College have hereunto set our hands. Dated the 18th. day of November at our College.

Subscribed by the President and Censors.

In the 7th. year of the King's Reign, Mr. President presen­ted a Letter sent to him and the College by his Majestie's command concerning the poisoning of Mr. Lane, the Contents of which Letter and of this whole affair are the following.

To my very loving friends the President and the rest of the College of Physicians in London.

AFter my hearty commendations. Since the Sentence pass'd against one Cromwell for the murder of his Ma­ster, because he persisted in a constant denyall of the fact, it hath occasioned his Majestie's gracious care to informe himself by all means possible, which might serve to draw the truth thereof into further light and evidence. To that purpose as there hath been employed the ministery of Di­vines to perswade his conscience, and the feare of death to unmask it; soe his Majestie taking notice of some question was made amongst the Physicians, whether the party dead were poysoned or noe, hath thought fit to heare the judg­ment of you the College of Physicians thereupon, and doth accordingly require and authorise you to assemble your selves in such manner as in the like enquiryes and con­sultations is accustomed, and there to take as exact infor­mation as may be from the relation of such as were present, of the state of his sicknesse, the manner of his death, and what hath been besides observed upon the view and open­ing of his body, or may yet be collected from the sight and tryall of the Medicine, if any part of it be still remai­ning. Whereupon having heard and weigh'd the argu­ments on both sides, you are to set downe your opinions in writing, with the reasons of them, under your hands, and present the same unto his Majestie before Wednesday next, his Majestie not intending to suspend the course of Justice any longer, unlesse something may appeare in the meane time fit to induce and warrant a further act of mer­cy towards the prisoner. Thus much I was commanded by his Majestie to signify unto you of his Royal pleasure; and so I bid you heartily farewell, and rest

Your very loving friend He. Hollande.
Greenwich the 27th. of May 1632.

[Page 429] By this Letter, the College is commanded to take exact information from the relation of such as were present, of Mr. Lane's sickness, of the manner of his death, and what hath been observed upon the view and opening of his body, as also from the sight of the bolus which was left. It being therefore enquired of Mr. Matthewes Apothecary (of whom without the Counsel of any Doctour he took physick) what sickness Mr. Lane had, he answered that he was not sick, but that he was desirous to take a Medicine, which Dr. Poe had heretofore appointed him; and which he since had taken sun­dry times. The Medicine (he said) was this.

℞ Pulv. Sanct. ʒjss. Syr. Augustan. ℥j. Vini albi ℥iij ss. m. f. po­tio. This he took upon Monday, and he had thereby 7 or 8 stools: But not thinking himself sufficiently purged he desi­red Master Matthewes that he might have it again, which Master Matthewes accordingly prepared on Tuesday, for Wed­nesday; but he took not this Medicine till Friday following; upon the taking of which (after the walking 5 or 6 turns) he vomited and grew sick. The Medicine also did work downward much, even to the purging of bloud, and the said Mr. Matthewes gave Mr. Lane a Cordial of Diascordium.

Dr. Gifford was called to Mr. Lane on Sunday, and can say nothing what was done before. He then found that Mr. Lane did cast and scowre much, and that he was feverish, his breath stinking, his mouth black, especially on the right side and about his gumms. The Doctour the nappointed him Cly­sters of milk, and to drink milk and water. On Monday a­gainst night, he did appoint him a Bolus with Laudani Parac. gr. j. ¼, which night he vomited the Bolus and purged much more than before, casting and scowring bloud after the Bolus. On Tuesday the Doctour gave him some Diacodium and Plan­tain Water. On Wednesday he appointed him Laudani gr. j. cons. flor. garyophyllor. ℈j. Cromwell was sent for this Bolus who returned not home in half an hour. The Apothecary's man saith it was sent gilt, but the gilt was broken, and being su­spected to be more in quantity than was appointed, it was tasted, and it made their mouths sore that tasted it, and then it being searched, there appeared a white powder in it. And it is confess'd that Cromwell came to Mrs. Bacon's shop and [Page 430] bought 2 drams of Sublimate there, which he pretended to grave knives withall; and with a third part thereof he then and there did engrave a knife, the other 2 parts he carryed a­way with him, of which he being questioned, denied the same, making this excuse, that the asker was neither Con­stable nor Justice: and being further questioned what he did with the rest of the Sublimate, he said it was between the window and his desk, where a piece of Sublimate was found but not the powder. Dr. Gifford did think that there was a mortification in his mouth.

Dr. Gifford did answer to 2 Objections made concerning the poison.

1. That the Corps was outwardly fair. Resp. The evacua­tion did prevent the coming of the poison to the skin.

2. It was said, the bottom of the stomach was not offen­ded. Resp. The sides of the stomach were offended, and the evacuation came so suddenly upon the taking it, that it did not settle.

Dr. Andrews saith, that he was called with others to view the body of Mr. Lane, which they found outwardly fair, his lips onely appearing white as if they had been blistered. Some blackness there appeared in his mouth, and his Tongue was black and hard, but from his throat to his stomach it was very fair: The stomach its self in the bottom was fair; but the upper part had a blackness, round about which it was in­flamed; the blackness he scraped off with his nail, but the other coats were sound. In the Aspera Arteria, there was seen no offence, but one lobe of the Lungs seemed to be rotten; and one part of the Liver was pale and scirrhous.

Dr. Meverell saith, that he being on Saturday to view the body, he found an Eschar between the gumms and the Cheek, with blackness of the teeth, the tongue also black and hard, but the gula all fair and clear. In the Stomach in the upper part, a circular inflammation with a blackness in the middle, which with his nail was easily scraped off. His Liver was hard and his Lungs bad, yet not so as that they should cause his death. At the Sessions he said the same, but there the Lord Chief Justice asking him, that if the Circumstances which were alledged by the sworn witnesses were added to [Page 431] that he saw whether then he thought him poisoned; The Dr. answered, that he did think that he died of poison.

Francis White, servant to Mr. Matthewes saith, that hearing that the Bolus was disliked, he went and did fetch back the Bolus; and that opening it he found Sublimate in it, which he shewed Cromwell; and after this, Francis going home, Cromwell followed him, and wish'd him by Fleet-bridge to cast it away, which he refused to doe.

Dr. Gifford did further declare that Cromwell had 2 powders, one white which was sublimate, the other black which was some Amalgama of Quick-silver, which Cromwell said he had out of his Master's pocket. He did also desire the College to take into their consideration what Scammony could doe, whether by that the mouth and stomach could be made black so suddenly, and to cause an Ulcer with an Eschar upon the side of the mouth. After the forementioned examination of several Witnesses, the following Letter by his Majestie's Or­der was sent to the College.

To my very loving Friends the President and College of Physicians in London.

AFter my hearty commendations: You have by some other of his Majestie's servants understood his plea­sure, in that which now I must by his expresse pleasure re­quire of you: That you assemble together, and inform your selves as particularly as you can; First, whether that man (for whose death one Cromwell a young man is con­demned) did in your judgment dye of poyson or otherwise. And secondly, whether that Potion which was sent from the Apothecary and which he received, had any poysonable Ingredients which might produce this effect. In these things you must return to his Majestie the report of your Judg­ment on Friday at the farthest; which you must doe with the more care according to your best skill, because herein you may perceive how tender his Majestie is both of his Justice and Mercy: for as he is alwayes most graciously in­clined [Page 432] to favour when the offence is of a nature capable of remission; so he is no lesse graciously severe in regard of Justice and publique example, that the crying Crimes of bloud, and especially by poysoning, which hath noe pre­tence of sudden anger, shall not escape unpunished. Doe therefore your dutyes to informe him in the truth to the uttermost of your knowledge. So I rest

Your assured friend to doe you service Iohn Cooke.
Greenwich 29 Maii 1632.

BY this second Letter the College was required to resolve two things.

First, Whether Mr. Lane died of poison or no?

Secondly, Whether the Potion which was made by the Apothecary, and taken by Mr. Lane, had any poisonable In­gredients therein, which might produce this effect.

Mr. President was desirous to hear what might further be informed by the Assistants, Doctours, or any other: and first there presented himself

Mr. Francis Banister of Bedford; who came to Mr. Lane his Son-in-Law, on Wednesday about 2 or 3 a clock in the after­noon. There he found the ℞ of Dr. Gifford's Bolus, which he sent by Cromwell to Mr. Matthewes; who after some long stay, brought it to Mrs. Lane, which she did presently deliver to this Mr. Banister her Father; which he seeing, thought it more than was directed by the Doctour; and presently ta­king it, he found it sharp, offending his tongue: Then he sent for one Walter Mr. Matthewes his man, to whom he said, the Bolus was not rightly prepared; and therefore caused him to go to make another Bolus according to the direction: Which Bolus being brought Mr. Lane took, and it did well with him: and Francis the Apothecary's man coming thither on Thursday morning, Mr. Banister caused him to taste the Bo­lus, of which he presently complained; and that night both the Apothecary's men came and shewed him the Sublimate in it, by which both their mouths were distated; and on [Page 433] this Thursday Mr. Banister told Dr. Gifford, that there were the symptomes of Mercury, for his evacuations were bloudy, his tortions great, his mouth black, exulcerated, stinking, and withall he had convulsions.

Mrs. Elizabeth Lane, sister to Mr. Lane, who was in the house from his first falling sick, saith, that upon Friday, upon the taking the purge, he presently after half a dozen turns in a little room fell a vomiting, and vomited black humour and bloud, and that upon every stool he was ready to faint; and she saith, that Cromwell found fault with the maid for giving the Child Pills in that Porringer out of which Mr. Lane took the Medicine.

Dr. Foxe, before he would make report of what he knew in this business, produced the Copy of a Report made by himself, Dr. Andrews, Dr. Meverell, and Dr. Ramsey which was as followeth.

We are of opinion that having found in this body some inflammation and mortification, whereof must necessarily follow death, by the force of them, and that yet the same inflammation and mortification might proceed from some other causes; it cannot be resolved by Art, whether this Gentleman died by Poison or other means. Which he pressed much to be assented to by the whole College (and the other Doctours did acknowledge this Note to be the sense of that which they subscribed unto) but the College thought fit a little to advise thereon.

Then Dr. Foxe related that he was called to Mr. Lane by a stranger to him, and that he found some passion in the house. After some time the body was opened, and the mouth, gula and stomach were found so as hath been formerly related: and saith that the Chirurgion said the Guts were fair. Then Dr. Foxe, as a Censor, began to enquire after the Physick gi­ven to Mr. Lane, and who gave it; and calling for Mr. Mat­thews he enquired of the Potion, by whom he was informed what it was. After this, the Dr. coming to consult, soon found cause to suspect poison. Dr. Andrews conceived other­wise, by whom Dr. Foxe was partly led, and the rather be­cause the Apothecary was found to have given one irregu­lar medicine; and the Dr. related how one Ioslyne died by Physick given him upon an old receipt of Mr. Butler's.

[Page 434] Dr. Ramsey saith, that about Noon one told him his Neigh­bour Mr. Lane was dead, upon which he went thither pre­sently, and heard their complaint: and then he look'd upon his gumms and teeth. Next day he came to meet the other Doc­tours, and found things as formerly have been related. And he acknowledged that he set his hand to the Note former­ly related, and thought all had been done; but withall he protested that he was and is of opinion, that Mr. Lane was poisoned.

Mr. Pindar, Mr. Coxe, Mr. Dixon, and Mr. Scot Chirurgi­ons, being all at the opening of the Body, do severally acknow­ledge the blackness and Eschar in the mouth, and the morti­fication in the stomach; and Mr. Coxe saith, that a quarter of a yard beneath the Stomach he found an inflammation inclining to a blackness.

After this information had, Mr. President propounded to the Collegues to give their opinions whether Mr. Lane died of a violent death or naturally.

They every one severally were of opinion that he died a violent death upon some external cause.

Secondly, Mr. President propounded to the Collegues whether they thought him to have been poisoned or not.

The Question being considered severally by the Fellows, 18 of them were of opinion that he died of poison: but 4 of them (namely, Sir William Paddy, Dr. Andrews, Dr. Crooke, and Dr. Cademan) did impute his death to the me­dicine.

Thirdly, Mr. President desired the Collegues opinions concerning the medicine sent from the Apothecarie's, whe­ther that had in it any poisonable thing, which might produce such an effect.

To this all the Fellows with one consent made answer, that they could not give a direct censure concerning the Poti­on delivered by the Apothecary, and made without the di­rection of a Doctour: but if it were no other than pulvis San­ctus formerly set down, that then they were of opinion that there was no poisonable thing in it, which might produce such an effect.

[Page 435] But in the Bolus which remained there was found poison, and all the Fellows did acknowledge it to be Sublimate.

Dr. Foxe pressed the Collegues for their opinion concerning the Note by him exhibited; and their general opinion was, that they having had no proofs but onely the inspection of the body, they could not certifie assuredly of the poison.

Then Sir Theodore Mayerne was requested by the President and the College, to draw up the opinion of the Collegues to be presented to his Majesty and to send it to Mr. President, which he accordingly performed: and the Friday following it was delivered to his Majesty by Mr. President, Dr. Clement, Dr. Hodson and Dr. Meverell at Greenwich, in these words.

The determination of the College concerning the Questions proposed to them by the King's Majestie about the death of Joseph Lane.

THe College of Physicians in London being lawfully as­sembled by the command of their Soveregin Lord the King, about certain questions proposed concerning the death of Ioseph Lane, reported to be killed by poison, and having made a diligent search, and well considering all circum­stances relating, 1. As to the state of the body of the fore­said Lane; 2. As to the disease which (by a long series of violent symptomes) brought him to his end; 3. As to the kind and appearance of his death; 4. As to the obser­vations made upon his dead body by the Physicians and Chirurgions present; 5. As to the conjectures taken from the strict examination of a Bolus extremely suspicious, whose parts were artificially separated, found in Mr. Lane's house when dead, and after brought into Court before the Judges, and from thence to the Physicians at their College: To whom (by the command and in the name of the King) Letters were wrote from the Right honourable Sir Iohn Cooke principal Secretary of State, that they might diligently en­quire and give a faithfull account to the following Questi­ons. 1. Concerning Lane's death, whether it was procured [Page 436] from poison? 2. Their opinion about a purging potion car­ryed the 4th of April, 1632. from Mr. Matthewes an Apo­thecary's shop to Mr. Lane's house, and taken by Lane the 6th, whether it had any thing of poison in it? The Col­lege after very mature deliberation, did humbly present the following Decree to his sacred Majesty as a testimony of their obedience.

1. That the said Joseph Lane did certainly dye of a violent death. 2. That he had taken poison, and that corrosive. 3. That they could determine nothing certainly concerning the Potion sent and given by Mr. Matthewes the Apothecary to Mr. Lane without the advice of any Physician, because many of their medicines were too negligently prepared by their servants. But if that Potion did only consist of those ingredients which he had given an account of, and for which we have solely his word, then there was nothing of poison contained therein. 4. In the remainder of the foresaid Bolus there was found Mercury Sublimate, not sweet, but the most harsh and highly caustick, which was separated from the rest of the Bolus and shewn to the whole College; In testimony whereof the College by the unanimous consent of the President and Fellows and all present at this consul­tation, signed this Decree with their own hands, and sealed it with the College Seal, that it might appear more au­thentick.

And because that from the beginning of the world to this very day good and wholsome Laws have derived their original from evil manners, the whole College of Physici­ans doe most humbly beseech your most Sacred Majesty that, as the Father of your Country, you would consult the health and welfare both of your City Subjects, and would by your Royal Proclamation strictly command that for the future, No Grocer, Drugster, Apothecary, Chy­mist, or any other person presume to sell Arsenick, Quick­silver, Sublimate, Precipitate, Opium, Coloquintida, Scammo­ny, Hellebore, or other Druggs either poisonous or dan­gerous, to poor sorry Women or poor people (which hath been too common) but only to those who are wil­ling to give their names; that if there should be occasion, [Page 437] they may give an account of the reason of their buying these dangerous medicines.

May it likewise please your Majesty to issue out your Royal Edict under the most severe penalties, that no Apo­thecary for the future shall dare to compound for the Well, or administer to the Sick any medicines, especially Vomits, Purges, Opiates, Mercurial or Antimonial remedies with­out the prescription of Physicians then living; which pre­scription they shall be bound to produce upon the com­mand or request of the Censors of the College. He that shall act contrary, shall be punished by the Law as a pub­lick enemy to the life of man. Dated from the College of Physicians in London the Last day of May, 1632. And Subscribed,

  • Dr. Argent, President.
  • Sir Theodore Mayerne,
  • Dr. Atkins,
  • Dr. Harvey,
  • Dr. Clement,
  • Dr. Foxe,
  • Dr. Fludd,
  • Dr. Ramsye,
  • Dr. Grent,
  • Dr. Cademan,
  • Dr. Andrewes,
  • Dr. Crooke,
  • Dr. Oxenbridge,
  • Dr. Rand,
  • Dr. Winston,
  • Dr. Wright,
  • Dr. Chamberlayne,
  • Dr. Hawlye.

Francis Roes, alias Vintner, was accused by William Clarke of ill practice, who (as he affirmed) undertook to cure his wife of a Tympany, of which disease Vintner told him he had cured 40. and amongst those named one Ingram's wife. He had of Clarke 4 l. when he began, and 3 l. after for medicines, and 4 l. more he was to have when he had perfected the Cure. Vintner did not deny the accusation, and being demanded by what authority he practised, he answered he was a Physician and Student in Trinity College in Cambridge, of which College he had been a year or two; and further said that he had been instructed in Physick from a Boy by his Father, meaning Mr. Vintner the Empirick. Being asked what medicines he gave Clark's wife and Ingram's; at first he refused to discover them, saying he had them noted in his books; but after long [Page 438] expostulation, he named Ialap and Elatorium (as he pronoun­ced the word) and being questioned what Elatorium was made of, he said it was composed of 3 or 4 things, whereof Diagridium was one. He was censured for giving Elaterium (a medicine he knew not) and particularly to a woman at his own house, whom he afterwards sent home through the open streets, telling her it was a Cordial. He was fined 10 l. and committed to Prison.

Richard Hammond, Surgeon, was complained of by Iohn Wal­ton, for that he undertook to cure his child of a Dropsie being 9 or 10 years old. He gave him a Clyster, after which he fell into a loosness and died. Hammond confessed that he gave the Child a Clyster made of Ale, Molossos, and white Helle­bore, which wrought so violently that the Boy died there­with. Walton likewise affirmed that there was a red powder in the Clyster, which he judged to be red Mercury. For this ill practice he was fined 5 l. and committed to the prison of the Compter in Woodstreet.

Iames Virott, Apothecary, was accused by the Wardens of the Apothecary's Company for decayed and ill medicines found in his Shop, which they brought. The Censors refused to take any notice thereof, because they had not visited his Shop which they promised speedily to do, and accordingly within a few days they with the Wardens did visit it, and destroyed his corrupt and ill medicines.

Mr. President made complaint of the Apothecaries disre­spect in general and in particular of Mr. Smith's, who being served with a Sub-poena to appear as a Witness in a College cause, neglected to come. Whereof being reproved by Mr. President, that it was an affront to the College, he told him he might take it as he pleased; and being advised by Dr. Har­vey to come to the President to compose this breach, Smith told him that he seared no body under the degree of a Privy Councellour for any good or harm. Upon this complaint, it was thought fit to put it to the table, whether Mr. Smith should be excommuned for using Mr. President so unworthily, till such time as he should reconcile himself to the President and the College; By scrutiny he was excommuned, till he should so reconcile himself. About 3 weeks after, Mr. Smith [Page 439] came to excuse the offence done to the President, and decla­red himself sorry that he should give any such offence, and craved the favour of the President and College; wherefore his suspension was remitted, and he again entertained into the favour of the College.

Susan Dry was complained of for giving Physick to one Margaret Foxe, to whom she gave drinks of 10 s. a bottle. She gave physick to one Matthew Evans, of whom she had 2 s. 6 d. in money; with an Apron and Pillow-bear: She took another Womans Ruff. She was committed for evil practice and fined 3 l. Upon her submission Mr. President took 30 s. of her and released her. He delivered the money to the Beadle, the most of which was distributed to pious uses.

In the 9th year of this King's reign, the College by advice of their Councel sent the following Letter to the Master, Wardens, and Fellowship of the Apothecaries concerning the examination of their servants in order to their freedom.

WHereas by your Charter, your Apprentices are to be examined and allowed by the President, or one or more of the College which he shall appoint, before they can be made free of the City of London; It hath been thought fit by our College for more conveniency for you and us to appoint their examination to be by the President or such as he shall appoint in that behalf in our College on our ordinary Censors days, which are the first Fridays of every month, days usual for the examination of University men: where if you shall present them at the hour of 2 a clock in the afternoon they shall be examined without any further trouble.

Mr. Briscoe, Apothecary, appeared before the President and Censors, being accused that he had given one Mr. Prim­rose 2 drams of troch. de Alkakengi instead of 2 drams of troch. Gordonii, appointed by Dr. Iohnson, without asking the Doctour's opinion therein. He confessed it was his fault, but when he gave it, he knew not whether it were with Opium or no; and he could not deny but that he said he had troch. [Page 440] Gordonii, when indeed he had not; and also that he pressed the Dr. to give Mr. Primrose some Diacodium, which the Dr. refused to do; and he confesseth that he would have given it him all, but he took but half thereof; and he further saith, that Mr. Primrose lived 4 days after taking the medicine. He also presented the Note of his Censure in the Apothecaries hall as followeth.

24 Martii. 1634.
Thomas Hicks, Master; Edward Cook, James Fothergill, Wardens; Gideon de Laune, Richard Edwards, Leonard Stone, Abraham Webb, Roger Harry Young, Henry Field, Willi­am Shambrooke, Richard Glover, John Sotherton.

WHereas John Briscoe is complained of to this Court for fal­sifying a Bill of Dr. Johnson's for James Primrose, who was dangerously sick of an Ʋlcer in his Kidneys and Bladder, where­by his death was hastened (as is reported by diverse Doctors) forasmuch as it appeared by the said Briscoe's owne confession that he did falsify the Bill of the said Dr. Johnson, viz. by putting into the Potion prescribed troch. Alkakengi cum Opio, for troch. Gordo­nii, without the consent of the Doctor, which is a breach of the orders of this Company; It is ordered that the said Briscoe shall pay unto this Company for a fine for so falsifying the said Bill or Prescript, 5 Marques, according to the ordinances of this Company, and for further punishment he shall be put off from being of the Clothing of this Company.

Tho. Tayler Clericus Societati Pharmacop.

The Censors are willing to defer the Censuring of this busi­ness till they have conferred with their Councel.

The President and Censors considering that there was some difference between the Fellows concerning the permit­ting of interdicted Apothecaries to make medicines upon their Prescripts; It was agreed and ordered, that excepting cases of absolute necessity, no fellow should give way to any interdicted Apothecary to make his medicine, till they should be reconciled.

[Page 441] Iohn Hope an Apothecarie's Apprentice.

The Coroner of London complained, that a person was su­spected to be poisoned by an Apothecarie's man with a Po­tion given by him; He desired the Censors to examine the Case, which was the following.

Elizabeth Vaughan of Puddle Wharf, the Widow of Rowland Vaughan deceased, complaineth, that her late husband being not very well went to Mr. Elliot's the Apothecarie's house, whom he found not within, but found his man Iohn; to whom the said Vaughan said, There is no looking upon your Master under 2 s. 6 s. and the said Iohn answered, he might have a Medicine better cheap: but Vaughan said, it must be a strong one, for he had a strong body. So the said Iohn gave him 2 Apples of Coloquintida directing him to boil them in white Wine, putting thereto some Cinamon and Nutmeg; which his wife accordingly did, and gave it to her husband about 7 a Clock next morning, which wrought not till 11 at night, but then he grew extreme sick in his belly, and cryed out he could not live 2 days, the Medicine wrought both upward and downward; upward he vomited a fatty matter, and downward he voided a pottle of bloud. About 4 in the afternoon Mrs. Vaughan went to Mr. Elliot's house crying for her husband, but Mr. Elliot himself made strange thereof: but understanding that he had taken the infusion of Coloquin­tida, it is said that he said he would not have given it to the Devil; but he directed her to boil some milk and to give it him presently: But Iohn, Mr. Elliot's Apprentice, came home after her, and caused her to fetch some red Rose leaves, and 3 ounces of honey, which he boiled in milk and put it up for a Clyster, which he put up about 11 at night, and Ma­ster Vaughan died about 7 the next morning. Besides the Clyster he also gave him half an ounce of Syrup of Coral in some Carduus water.

Iohn Hope, Apprentice to Mr. Elliot, being then present, acknowledged the giving the 2. Apples of Coloquintida in the manner aforesaid: and he further confessed that he had sold 12 Apples of Coloquintida to divers women, who used to boil them in white Wine, since he hath dwelt with Mr. Elliot, which is about 2 years and a half.

[Page 442] The Censors sending for the parties examined, did particu­larly consider of the practice of Iohn Hope, Apprentice to Mr. Elliot, upon the body of the said Rowland Vaughan, by gi­ving him the decoction of 2 Apples of Coloquintida, and ad­judged the same to be evil practice in the highest degree, and such as did transcend the Censure of our College, and therefore they did remit it in all humility to the higher Courts of Justice. Upon which this Testimony following was given to the said Elizabeth Vaughan.

WHereas this 9th. of May, 1635. Elizabeth Vaughan com­plained at the College, that her late Husband Rowland Vaughan had taken the decoction of 2 Apples of Coloquintida by the direction of John Hope Apprentice to Michael Elliot Apothe­cary; These are to certify that we the sworne Censors for this yeare, namely, Dr. Fludd, Dr. Winston, Dr. Hodson, Dr. Spicer doe affirme, that it was evil practice in the highest degree, and transcen­ding the Censure of our College; and therefore we remit it in all hu­mility to the higher Courts of Iustice. This was the Act of the Cen­sors the day and year above written.

Quod testor Guliel. Clement Med. Dr. Regestar. Collegii Medicorum London.

Mr. President desired that diligent search might be made after the sellers of purging Diet-Ales, and such Comfit-makers as sold purging Confections.

Dr. Mayerne wrote a Letter to Mr. President complaining of Mr. Evans a Minister who had abused his name about his Antimonial Cup; Upon which 4 Fellows of the College were sent to the Archbishop of Canterbury to acquaint his Grace therewith, and with the import of Sir Theodore Mayern's Letter. After this Evans was brought before the High Com­mission, where the Archbishop asked him for his Orders, which he had not then present. He then caused him to be sworn to answer to such Articles as should be objected against him. His Grace was highly displeased at the printing of his Book, of which all that could be found were taken away. [Page 443] The College Beadle was to help to find out more, that they might be destroyed. Sir Nathanael Kitch dyed of a Vomit made by this Antimonial Cup. The Lady Amye Blunt died by the same Medicine in Charter-house yard. Another case of the same kind was reported by Dr. Harvey.

Mr. President admonished the Fellows, that none of them should send their Bills to the discommuned Apothecaries; who were the following, viz. Mr. Edwards, Mr. Cooke, Mr. Weale, Mr. Haughton, Mr. Holland, and Mr. Kendall.

In the 10th. of this King's Reign, Dr. Winterton, Profes­sour of Physick in Cambridge, wrote the following Letter to Dr. Foxe, President of the College, concerning the Universi­ty's giving Licences or Degrees in Physick to unworthy and unfit persons.

To the Right Worshipfull and my much honoured friend Dr. Foxe, President of the Physicians College, at his house in Carter lane, give these.
My service and best respects remembred.

MAster President and my much honoured friend, Whereas I am given to understand that you have heard that the last yeare I would not give way to two or three for the obtaining a Licence to practise in Physick, nor to a Doctor of Leyden to be incorporated with us with­out giving publick testimony of his abilities, and I further understand that your self and the whole College are well pleased therewith, I have cause to rejoyce: and further thought fit at this time to acquaint you with my real inten­tions, which I shall eagerly prosecute, if I may have coun­tenance and assistance. I have observed and grieved to see sometimes a Minister, sometimes a Serving-man, sometimes an Apothecary, oftentimes Masters of Arts (whereof some have afterwards assumed holy Orders) admitted to a Licence to practise in Physick, or to be incorporated to a Degree without giving any publique testimony of their learning and skill in the Profession. And what hath followed here­upon? [Page 444] The Minister hath neglected his own Calling and trespassed upon anothers, not without endangering the Souls of the people of God, and the losse of the Lives of many of the King's subjects. The Serving-man and Apothecary upon a Licence obtained have been presently made Doctors by the breath of the people, and Doctors indeed underva­lued. Masters of Arts after Licence obtained have taken, as I said, holy Orders, that if one profession did faile them, another might supply them. And Incorporation being in an instant obtained by a little summe of money, which by orderly proceeding (I speake concerning the Doctor's De­gree) would cost 12 years study in the University, besides performance of exercises and much expence; It is come to passe, that in the University at this time I doe protest I doe not know any one that intends the study of Physick, and practice thereof according to the Statutes. Chirurgeons and Apothecaries are sought unto, and Physicians seldome but in a desperate case are consulted with, when the Patient is ready to dye, and in this kind we have too many ex­amples. The consideration of these mischiefs redounding to the Church, Commonwealth, University and our Pro­fession, hath often troubled me, when I had no power to prevent them. But now seeing it hath pleased God and the King to conferre such power upon me, that without me neither Licence nor Degree in Physick can be obtained at Cambridge, (for I have solicited Dr. Nichols and Dr. Allet to joyne with me; and I have prevailed soe farre with them, that they will doe nothing without me) I doe intend by the grace of God to give way unto noe man to obtain a Li­cence or Degree without keeping an Act at the least, &c. unlesse it shall happen that with some one particular man it shall be dispensed withall by supreme Authority or in some extraordinary case.

But all this will be to little purpose, unlesse your selfe and the College will solicite Dr. Clayton, his Majestie's Pro­fessor of Oxford, and others of the faculty there, to doe the like; or rather Petition to my Lord's Grace of Canterbury, who out of his innate goodnesse and clemency, and zeale for the good of the Church and Commonwealth, and the [Page 445] honour of the Universities, I am fully perswaded, will grant what you desire, against Apothecaryes and Chirurgions, and all others which without Licence or authority do pra­ctise Physick. I could wish there were some course taken; I know there be already good Lawes, if they were put in execution.

Thus much in haste, (as you may perceive by my writing) I thought good to signify unto you, out of the gratefull re­spect which I beare unto your selfe and the whole College, tendring the honour of our common Profession, which I will maintain as much as in me lyes, and vindicate from the invasions of Usurpers and Intruders. I have exceeded I feare the bounds of a Letter, but that you will pardon, I hope, considering the occasion. And soe with a gratefull acknowledgment of your love and favour towards me, and an ingenuous profession of much service I owe unto you, I take my leave, as one that will be ready, upon the least signification, to embrace your commands, and execute them with all alacrity.

Yours in all dutifull respects, Ralphe Winterton.
From the King's College in Cambridge, Aug. 25. 1635.

Mary Butler was complained of for giving Physick; she undertook the cure of the dead Palsie on a Woman, of whom she had 10 li. and also a promise of 10 li. more when the Cure was performed, for which she sued the party. After this, she was complained of by one Mrs. Ellison for taking upon her to give Physick, and in particular for undertaking to cure her the said Ellison, to whom she gave C s. in hand with pro­mise of as much more when she performed the Cure; but this was so far from being obtained, that she was never well since she took her medicines. Mary Butler denied not that she gave her Physick, but professed that she learnt her skill of a Jew: and first avowed that she was authorised to pra­ctise Physick by Mr. Endymion Porter, and Serjeant Clowes; and when she understood that they could not license her so to [Page 446] practise, she stick'd not to affirm, that she had authority from the King; and for the evidence and proof thereof, shewed a Writ under Seal out of the Courts at Westminster for attach­ing one that had not paid her for a Cure she pretended to have done: which Seal she made her Neighbours believe was a Licence for her practising of Physick. She confessed she gave Physick to Mr. Richard Shipwright from Christmas till this pre­sent, and so continues still. She hath given him inward me­dicines, and likewise cupped and scarified him: she caused him to be let bloud in the forehead, and under the tongue and in the foot: and so she directed Mr. Whittel the Surgeon now dwelling in Croched Fryars. For which her pains and physick she hath had already C. s. and is to have a C. s. more when he is well. The Censors thought fit to send her to Newgate for these misdemeanours, and fined her xv. li.

Iohn Hogsflesh, Surgeon, was accused by several for giving Physick, having no skill nor authority so to doe. Others complained of his giving purging Physick and Mercurial Unctions, particularly one Anne Harvey made complaint for giving her husband physick for the Pox, who died of that physick with his mouth full of Ulcers. He had considerable sums of money from many; And was charged for giving to one Iohn Gladwin 3 pills every other day for twice, whereupon he vomited so vehemently, that his sight and hearing failed him for a time. This was proved by his own Letters as well as by Gladwin and his Wife, and a third person. The Censors condemned him to prison and fined him 10 li.

In the 12th. year of the King's Reign, an Order was sent to the College from the Star-Chamber, to examine the pre­tended Cures of one Leverett, who said that he was a seventh Son, and undertook the curing of several Diseases by stroaking. A full and particular account of this whole affair is the fol­lowing.

[Page 447]
[Page 448]
3o Novembris, 1637.

Present Dr. Fox, President, Dr. Argent, Dr. Harvey, Dr. Caddiman, Dr. Smith, Dr. Winston, Dr. Hodson, Dr. Meverell, Dr. Spicer, Censors.

This day there was brought by Mr. Harvey, Counsellour of Gray's Inn, an Order from the Lords dated the 20th. of October last, concerning the practice of one Leverett, who there appeared at the same time, together with divers Men, Women and Children that he said he had cured, and pray'd the College to examine them. The College answered that it was not in their order to look back, but to go forward, and therefore wished the Patients for that time, that they would forbear and leave the said Leverett according to the Lords direction to the College, which they did, the College then promising that they would take a time to examine them likewise.

Mr. President at the same time presented several Articles of Mr. Serjeant Clowes against this Leverett, of all which he was examined; and first he was demanded whether he was com­mitted to the custody of a Messenger; he answered he came of his own accord.

He saith that he is 60 years of age, that he is the 7th. Son of 8 his Father had, and the 9th. which was last, was a Daugh­ter named Anne, but he did not challenge any virtue by being the 7th. Son.

He saith likewise that about 3 years since and a half he did his first Cure upon his own Wife, who had been full of pain 3 quarters of a year from her Wrist to her Elbow: In all which time although he did live with her, yet he never tou­ched her Arme, till at last upon her entreaty she desired him [Page 449] to take off the splints and rowlers and look on it, which he did; that being bound up by a Surgeon, he felt it and sought for Kernels, but found none. His Wife found present ease and therefore desired him to hold her by the Wrist, which he refused, but she earnestly desiring it, saying she felt ease, he did it, and the next day she was perfectly cured of her pain and was weeding in his Garden.

Some 6 months after, a Maid dwelling in Thames Street was his second Patient; who desired to be touched by him for a pain in her Elbow, which he did, and she was cured. The third was a Woman in Turn-ball Street, who coming to him and craving his help for a pain in her Arme, he answered she was a foolish Woman; but she said, God had given him the gift of healing. So by her importunity she prevailed that he touched her, and she was very well: their names he know­eth not.

In the touching of these he did not use any words, nor till he had cured above a dozen; but since, he hath used these words, God give a blessing, I touch, God heals. He saith that upon touching some 30 or 40 in a day, he finds himself wea­kened by the Virtue which goes out of him, more than when he was a Gardiner by digging up 8 roods of ground; so that he is brought to that weakness by touching, that he is forced to go to his bed to recover his strength, which in his daily labour he was not wont to do.

He saith, he is not always disposed to touch, especially if his hands be cold. He saith he hath cured 300 at the least, he takes money for his Cures, but not by contract; if he should not take money, he might starve, having forsaken his Trade by the calling of God. He denies Virtue to be either in his Gloves or Linen, or any thing that toucheth his naked body, although that was then objected against him.

He saith that whilst he dwelt at Ratcliff he was assaulted in the High-way one evening by some Surgeons or Physicians, and his Thumb was wrung and strained; but by his own tou­ching he cured it; and that he stood in fear of his life from some Physicians and Surgeons, but of whom he knoweth not.

He cures the King's Evil, Dropsies, Fevers, Agues, all Diseases and Sores in any part of the body, but he promiseth [Page 450] not any Cure to any, as he is a Sinner, but God cures and he doth his duty.

He saith that he toucheth none above twice or thrice, and that the first time they find ease and good effect of his touch­ing.

He was commanded by the College to attend the Tuesday following, which was 8o Novembris, and was promised to have divers provided by the College for him to touch. He seemed to be very joyfull at it, and insisted that they might be of the King's Evil, for that he had cured those that the King had touched, and also some of them under the Surgeons hands, which could not be cured by them.

8o Novembris, 1637.

Present Dr. Fox, President, Sir Simon Baskervile, Dr. Ridgley, Dr. Smith, Dr. Argent, The 4 Censors, Dr. Clark.

This day he retracts that any Virtue goes out of him, but saith he is grown weak by touching, which is as much in ef­fect. He saith he must touch 4 or 5 times before they be cured. He professeth himself at this time to be in good dis­position to touch; Whereupon one Richard George, aged about 23 years, and who had complained about 2 years of a tumour in his right knee, was presented to him to be tou­ched. When he saw his knee, he seemed to be discontented, and asked if it were not out of joynt; he was answered that it was not. He lamented that the College did not, according to promise, present to him those that were troubled with the Evil; yet in fine he touched this George. He began with these words, I do not promise any Cure, God Cures, God give a blessing, I do but my duty. Then bowing down and laying both his hands a little above the knee, stroaking it down, he said to the Patient, You must pray to God to give a blessing to my hands that they may take effect: And so he touched and said, very softly, God bless, I touch, God [Page 451] heals. These words he repeated twice or thrice, still stroak­ing downwards, and then spake to the Patient with some iterated vehemency to pray to God to give a blessing to his hands. In putting on the Linen to his knee, the Patient touched his own knee with his fingers, whereat he grew in­to Choler, and said that he had spoiled all, for neither he nor any body else must touch it, nor any Oils nor Ointments nor Plasters must come upon it, and so he touched it twice as before, and repeated the words 6 times again. Then he wi­ped his hand about the cloth on both sides, and so pinned the Linen about his knee himself, and commanded him not to touch it again till himself should see it. And likewise that the Patient should pray to God for a blessing upon his hand, that his hand might take effect. And further commanded the Patient to drink no small beer but strong, nor wash his hands or face in cold water, but warmed.

The second Patient was Elizabeth Appleton, aged about years; she was all swell'd in the Neck and under the Ears, which is the King's Evil. To which Patient he said as he did to Rich. George the first Patient, onely he seemed to cross her Cheek and Neck, where the knots and tumours were.

10o Novembris, 1637.

Present Dr. Fox, Dr. Gifford, 4 Censors, Dr. Ridgley.

This day Leverett appeared, who professed that he was in­disposed to touch.

He touched Rich. George and Eliz. Appleton the second time.

Also Iudith True, who had a running sore in her breast. Hester Fisher, and Sarah Anderson ulcerated and tumify'd fingers.

Henry Welch was presented then to him to be touched for a pain in his left hand, from which arose vapours sometimes, which brought him into Convulsion fits; of which Disease Leverett said he had cured some Patients, but he denied to [Page 452] touch the said Welch, saying that he did not know but there might be some mischief in his hand that might doe him harm: Yet at the same time he would have touched one whom he appointed to meet him at the College, that was troubled (as the party said) with Convulsion fits; but the College would not suffer him to be touched in their presence, till it did ap­pear to them that he was really troubled with those Fits.

His touching of Sores is different from the former tumours; for first he lays his whole hand, and says his charm or words thrice; then he puts constantly the top of his middle finger and repeats his Charm thrice more, and so till he hath done 9 times.

The binding up is different, for he takes a piece of Cloth and wreaths it into a Circle, then he puts that over the sore, so that the Cloth toucheth it not. And herein he is very cu­rious that it touch not the sore. Then he binds a broader Cloth all over it, and exhorts the Patient to pray to God his hand may take effect.

14o Novembris, 1637.

Present Dr. Fox, President. 4 Censors.

This day he touched all that he had touched the 10th. day, and also the foresaid Henry Welch, and likewise one Tho. Sca­modye who had a tumour in his foot.

This day Richard George desired he might be no more tou­ched, for that his Leg and Foot did begin much to swell, which was not swell'd before; his knee did not abate in swelling, and his pain there was much greater than it had been 6 months before, but he was perswaded by the College to try further.

[Page 453]
17o Novembris, 1637.

Present Dr. Fox, President, Dr. Argent, 4 Censors.

This day Welch desired that he might be no more touched by Leverett, for that the said Welch was for 5 hours after Le­verett's touching benummed in his hand and amazed in his head.

Leverett was expected till after 4 of the Clock, having promised to come with the Messenger.

Also Serjeant Clowes came this day to the College and brought divers Certificates with him; but the College en­treated him to bring the parties themselves the Tuesday fol­lowing, which was the 21th, which he promised.

21o Novembris, 1637.

Present Dr. Fox, President, Dr. Argent, Dr. Gifford, 4 Censors, Dr. Harvey, Sir Simon Baskervile, Dr. Cadyman, Dr. Ridgley.

This day Leverett appeared, and excused his absence on the 17th, saying he was not now disposed to touch. Being asked, Why not himself, as well as his finger? He answered nothing.

He saith that among his words he never useth the name of Jesus or Jesus Christ; the reason he would not give.

Mr. Clowes was expected according to promise, but came not. Leverett was (according to his own desire) willed to come the 25th. following, and to bring 6 Patients along with him, whom he said he had heretofore cured.

[Page 454]
25o Novembris, 1637.

Present Dr. Fox, President, 4 Censors, Dr. Cadyman, Dr. Argent, Dr. Smith, Hamey, Goddard, Sheafe.

William Butts, Messenger, presented Leverett to the College, and Leverett brought divers with him, 3 whereof were exami­ned by those present, as he presented them. The first was Robert Monday, Son of Richard Monday of Chelsey, Waterman, aged about 8 years, for a Sore (as was conceived by the Col­lege a Bile) under his left Arme. He saith that he had been Patient to Cooke a Surgeon, and was healed by the said Cooke; Yet afterwards the sore brake forth again, but not deep: Le­verett touched him 4 times, and the party saith, he put a brown paper upon it; Leverett said it was a linen cloth.

Richard Monday, the Father of the said Robert, aged 37 years, saith that his Child had the sore for one year and a half. He was touched 3 times in less than a months space, but his Wife knew better: He put a cloth on it, Leverett wrapped his Child's hands in a cloth lest he should touch it; It was dried up in a quarter of a years time as it began. Le­verett took no money for his Cure.

Elizabeth Monday, Mother to the said Child, aged 29 years, saith, that her Child was sore about 12 months, it brake of it self; Cooke the Surgeon gave her salve, which almost cu­red it. Then it brake forth again; Leverett touched it 3 times in 9 days, and so it wore away and dried up by degrees be­twixt April and Midsummer. Leverett used words in touching.

The second Patient was Elizabeth Maye, Daughter to Mar­tin Maye, aged about 11 years. She saith, that she had the King's Evil in her eyes 7 years, with scales in her face, which hung by Geometry. She learned that word from her Father. Her head likewise brake forth, and was well and ill of it self. Leverett laid his hands onely on her eyes and bid her serve God. Leverett touched her 3 times in 9 days, and 3 days intermission between every time. She fell into a looseness be­fore he touched her. She had been with the King 2 years [Page 455] before, and carries the Angel still, but was not well by the King's touching, but within 9 days after Leverett touched her, she was well.

Martin Maye, Father of the said Elizabeth, dwelling in So­per-lane, Cook, saith, He was Host to Leverett half a year, and that Leverett touched her many times, but how often he knoweth not.

The third Patient was Peter Norris, aged 6 years. Leverett saith that he had the King's Evil in his left eye. He saith he hath touched it many times, but the Child saith it is not yet well, and it so appeared unto the College.

28o Novembris, 1637.

Present Dr. Fox, President, 4 Censors, Dr. Argent.

This day Serjeant Clowes brought with him divers persons which signed the Certificate following.

Accusations laid to the charge of James Leve­rett an Impostour and cousener of the King's people, under pretence of being the 7th. Son of a 7th. Son, by curing or healing all manner of Diseases, especial­ly the King's Evil, by way of stroaking or touching with his hand, without the using of any Medicines either internal or external.

HE blasphemously saith when he stroaketh any to cure them, there goeth out of him Note: Imprimis, so much virtue and strength, that he doth not recover it in so many days, to the great dishonour of God.

2. He scornfully slighteth his Majestie's sacred gift of healing (by his blessed hand) that Disease commonly cal­led the King's Evil, in comparison of his cure, to the dis­honour of his Majesty amongst his Subjects.

[Page 456] 3. He saith he cannot touch any (to heal them) untill he find a disposition to it, by the working of one of his hands, and that hand must not be touched by any hand, except it be to put a Pipe of Tobacco or an Angel into it.

4. He saith the Sheets wherein he hath layen are a spe­cial remedy for many Diseases (especially the rising of the Mother) and that many Lords and Ladies have made suit to lie in them, and to my knowledge they have been try'd to no purpose.

5. He saith that he goeth in fear that the Physicians and Surgeons of London will murther him, and dare scarce drink with any man for fear of poisoning, for which he is the more followed.

6. He hath contemptuously used his juggling tricks since he was before the Lords of the Council convicted as a De­linquent.

7. Since great Lords and Ladies and Gentlemen and rich men have fondly gone unto him, whereof many of them to my own knowledge are blushingly ashamed, yet if it may appear and be proved by any man, That any man, this man, the 7th. Son, or any Son can doe it, I think it not fit that his Majestie's Royal Person should be troubled and his health endangered by such unwholsome and noisome people, as many of them be, when it may be done by any other.

All these things before written have been credibly re­ported to me by honest men, of very good credit, who have been abused by him, and are ready to testifie upon their oath if it shall be required; and I conceive it to be my duty and office to call it to examination, which I leave to your grave and learned considerations.

And rest
at your service, W. Clowes, Serjeant Surgeon to his Majesty.

[Page 457]THese are to certify whom it may concern, that about 16 or 18 months now past, coming to Leverett with my Child; Leverett used these words in my hearing, to some there present, viz. Do you see this fool? He left me and went to the King for the cure of his Child, but I will now make him stay my leisure before I touch him; and so caused me to stay 2 or 3 days, and then touched my Child 3 times upon 3 several days, which did my Child no man­ner of good, as I conceive. And further, Leverett would reprove any one sharply that offered to touch his hand, say­ing that virtue went out of him when he was touched. And when Leverett's hands grew hot and began to sweat, he would say, Now I must go to work. And I further certify that the said Leverett willed me by any means to stop up my Child's issue and take off the Angel, pretending that he the said Leverett would do the cure: which issue I did stop for 3 days, and it was like to have cost my Child's life. Nov. 28. 1637.

Edward Pate.

THese are to certify whom it may concern, that James Leverett, by profession a Gardiner, hath heretofore undertaken to cure all diseases with the touch of his hand, but more particularly the King's Evil, which he did under­take to cure in my Child, pretending that he would take no money, nor make any bargain: But I did find by the carriage and passage of all his proceedings, that he did in­tend and expect nothing more than money and profit; for notwithstanding he had sufficient security by the promise of a friend for his satisfaction when he had done his work, yet he would constantly perform nothing in the Cure as was expected, unless he were daily fed with Wine and To­bacco, and other gifts, as also with much entreaty; for his pretence was (in these words) that if he should touch so often, he should feel virtue and strength go from him so much that he could not go up stairs to his bed but upon all four. But I think it was rather Drink and Tobacco that [Page 458] did weaken, than any virtue that could go from such a de­ceiver; for I can prove that he was so drunk upon a Sunday some 3 or 4 months past, that he was fain of necessity to creep up stairs to his bed upon his hands. And I do think he is a mere Impostour and Cousener of the King's Subjects. Nov. 14. 1637.

Moreover, I was present when he would not touch a Maid unless she would kiss him, to which she did offer her self.

Tho. Clowes.

THese are to certify whom it may concern, that having been in company with Iames Leverett, I have heard him utter such words as these; How that after he had touched several parties in the day time, he found such a weakness to possess him at night, that he was not able to get up stairs to bed without the help of his hands. And this I will af­firm if I should be called to answer upon my Oath.

Samuel Turner.

THese are to certify whom it may concern, that Iames Leverett some months since promised the cure of a Tettar upon my right hand, which he would doe by way of touching my hand. I told him I did not believe he could do me any good by that means, the infection being in my Liver. He replied, that he could do by way of touching my breast, and could give me as many stools as the cause required, by the way of touching with his hands. And he often touched my hand and breast, yet did me no good at all, nor had no purging operation. For his pains he received 10 s. To speak truth I do believe this Leverett to be a mere Impostor, and one that daily abuseth his Majestie's Subjects.

Witness my hand the 15th day of Nov. 1637.
G.

THese presents certify whom it may concern, that Iames Leverett, who named himself so to be, some days since promised the Cure of a sore Breast which my Wife had, and likewise my daughter of the King's Evil by way of touch with his hand, which he made trial of. Notwith­standing which they found no benefit thereby. For which his undertaking he received 20 s. of me. This fellow I believe to be a mere Mountebank and deceiver of his Majestie's peo­ple.

Witness my hand the 15th of Nov. 1637.
Robert South.

An exact Note taken the 12th of November, 1637. out of the Register book of the Parish of St. Clements East-cheap, London, as followeth, viz.

  • Samuel Leverett, Butcher, was married to Agnes Whitaker, 13 Febr. 1576.
    His Childrens names are as followeth,
    • 1. Iohn Leverett his first Son was baptized the 20th of Iuly, 1577.
    • 2. Henry Leverett his second Son was baptized the 20th of December, 1579.
    • 3. William Leverett his third Son was baptized the 20th of Ianuary, 1582.
    • 4. Iames Leverett his fourth Son was baptized the 19th of September, 1585.
    • 5. Henry Leverett his fifth Son was baptized the 16th of October, 1586.
    • 6. Simon Leverett his sixth Son was baptized 16 Feb. 1588.
    • 7. Anne Leverett daughter of the said Samuel was baptized 17 Ian. 1590.

This Register was searched from the time of his marriage, and be­fore, many years, to the time of his death, who was buried in the said Parish the 8th of May, 1621. and so never had any other wife.

By me
David Morris Clerk of St. Clement's East-cheap.
Geo. Brome Officer of the College of Physicians London.

The humble answer of the President and College of Physicians London to the Lords and others of his Majestie's most honourable Privy Council concerning James Leverett of Chelsey Gardiner, aged (as he saith) about 60 years.

May it please your Lordships,

THat according to your Honours order dated the 20th day of October last, we the said President and Fellows of the College of Physicians have called before us the said Iames Leverett, whom we find by the Certificate annexed, to be the 4th Son of one Simon Leverett late of St. Clements East-cheap Butcher deceased, and examined him and made trial of him 6 several days according to his own appoint­ment concerning his 3 years and a half practice; for so long he pretends to have had the gift of healing, and for­saken his trade, and lived by means acquired by touching of diseased persons.

First he saith, that when he began to take upon him to cure he used a bare touching without words, but being told, by a woman (whose name he knoweth not) that came to him to be touched for a pain in her Arm, that God had given him the gift of Healing, he afterwards used words whilst he was touching; but who put those words into his mouth, or the certain time when or where, or to whom he first used those words he will not confess.

Among many whom he pretends to have cured, he made choice of 3 of them, and brought them and others with him to the College to be examined concerning the Cure he had done upon them; namely, Robert Monday aged 8 years, the son of Richard Monday Waterman, for a sore under his Arm, which 3 months after his touching dried up of it self: Eliz. Maye aged 11 years for the King's evil in her Eyes; She was cured by a flux of belly which happened before and continued after: and Peter Norris aged 6 years, for the Evil, as is pretended, in the left Eye, which [Page 461] is not yet well, as appeareth to us, nor bettered by his touching, as the Child said. And likewise Serjeant Clowes brought some others, as their Certificates annexed do shew, whom he the said Leverett hath formerly touched, but none of these are bettered by his touching.

In obedience to your Honour's command, we have pre­sented unto him 6 more, which he touched, for that he desired to touch those, and especially if the King have touched them: and he hath touched those 6 diverse times in our presence, according to his own appointed times, without the least contradiction or interruption by us made, to which he promised, if not present cure, yet ease; But we find that some of them immediately upon his first touching grew worse, and desired the College that they might be no more touched by him. Yet to remove all scruple and for the better satisfaction of your Lordships we caused him to touch them again, albeit they were nothing bettered there­by when they last appeared at the College, and therefore we remitted them to those who formerly had them in cure.

The manner and fashion of his touching is as followeth.

1. He observeth in his touching to lay his hands in certain forms upon the places affected.

2. He observeth his own disposition of body or indispo­sition to touch; for if his hands be cold he will not touch, or if he be ill affected in his body, as he was the 17th of Nov. last, when he absolutely denied to touch any.

3. He mutters whilst he toucheth a certain number of set words, viz. God give a blessing, I touch, God heals.

4. He toucheth the parts ill affected a certain number of times, as thrice, thrice and thrice.

5. He covereth the part himself with a Cloth, first wiping the Cloth on both sides with his hands.

6. He exhorteth the Patient to call upon God, that his hands may take effect.

7. He professeth that what he doth is by the special gift and calling of God, and that he doth but his duty in these practices.

[Page 462] 8. In touching he never useth the blessed name of Jesus or Jesus Christ, and denies to give his reason thereof.

9. After his touching he enjoins, that neither the Patient nor any other touch it till he himself take off the cloth.

10. In touching of Sores, if the circled cloth do touch the Sore, then his touching is in vain for that time, and he must touch again.

11. He commandeth the Patient that during the time of his cure no oils, ointments or salve touch the cloth or the part affected.

12. He commands the Patient to eat the best meat, and to drink strong beer, and to wash his hands and face in warm wa­ter, and in no case to touch cold water.

13. He saith he is the Seventh Son of the Eight his Father had.

To this superstition he adds first this blasphemy, viz. That upon touching he doth find virtue to go out of him, so as he is weakened more by touching 30 or 40 in a day, than when he digged 8 rods of ground in a day. And it is credibly affir­med to us by a person of good reputation, that the said Leve­rett hath said, that if he touch a Female, he is much more weakened.

And lastly he adds scorn and contempt towards those whom the Sacred hand of his Majesty hath touched for the Evil, as appeareth by the Certificate of Mr. Edward Pate.

We therefore the President and Fellows of the College of Physicians (in contemplation of the premisses, since it hath pleased your Lordships by your foresaid Order to com­mand us to deliver our opinions therein) do conceive the said Leverett to be an Impostor and a deceiver of over credu­lous people, who are heartened in their credulity by an er­roneous opinion of some prodigious virtue inherent in a Seventh Son, which yet this Leverett is not. Also we con­ceive his pretended Cures, with the manner of them, to be full of Superstition and Sorcery, and not to savour of any skill of Physick or Surgery, or the operation of natural cau­ses. [Page 463] All which notwithstanding, we in all humility submit to your Honours grave wisdomes and considerations, &c.

  • Simon Fox,
  • Iohn Argent,
  • Tho. Winston,
  • El. Hodson,
  • Otwell Meverell,
  • Ric. Spicer.
Censors.
Dat. 6. Dec. 1637.

A Doctour in Physick attempting a project to procure the sole and absolute power, either to License, or approve of all the Midwives practising in and about London before their ad­mittance; They presented a Petition to the President and Col­lege of Physicians, the Copy of which is the following.

To the Right Worshipfull the President and other Doctours of Physick, Fellows of the College of Physicians within the City of London,

The humble Petition of divers ancient Midwives in the City of London

Sheweth,

THat through the molestation of a Doctour in Physick by appointing them to meet at his house once every month without authority, and with intention, as they sup­pose, to bring about a project of his to have the sole Li­censing of them or approving of all such as shall hereafter be Licensed, out of an opinion of himself and his own ability in the Art of Midwifery, implying a necessity of using him and no other both in those cases, and in all other occasions that shall happen to women with Child, presuming that he hath more exact skill than all the grave and learned Physicians in [Page 464] the Kingdom in those cases; for he threatneth that he shall not repair unto such Women as are distressed, whose Mid­wives have refused to conform themselves to him.

Your Petitioners have been enforced to Petition to his Majesty and the most Reverend the Arch-bishop of Canter­bury his Grace for redress therein: And his Majesty hath most graciously hearkened unto the complaint, and referred the same unto the Lord of Canterbury and Bishop of Lon­don, in whose Jurisdictions and by whose authority they are and have been always licensed, to call the said Doctour before them, and to take such course therein as shall befit.

And whereas they conceive the said Doctour hath er­red and been short in his respect unto this grave and lear­ned Society in such his peremptory assumption of skill be­yond them in all cases concerning Women with Child; And that as they are informed other practisers in Midwifery have been examined upon the like occasion by command from King Iames of ever blessed memory, in the very busi­ness and Art of Midwifery;

They humbly desire your Worships to take the same now into consideration, and so far to respect your Petitioners in this their humble and just complaint, as to give them Cer­tificate unto those Reverend Prelates that there is no such necessity of depending upon the said Doctour more than upon any other Physicians whom these Petitioners do desire to be free and at liberty to make use of in all occasions re­quisite for their advice and help as well as of the said Doctour, who for ought as they can discern by his carriage would monopolize the whole practice among Child-bear­ing Women, being a young man, to the disparagement of all other Physicians and the enslaving of your Petitio­ners.

To this Petition the College returned the following answer, which was delivered by the Midwives to the most Reverend the Arch-bishop of Canterbury and the Right Reverend the Bishop of London.

May it please your Lordships,

UPon consideration taken of this Petition hereunto an­nexed, presented unto the President and College of Physicians by the Midwives, We the College of Physicians conceiving the said complaint to be grounded upon just grievance, and to conduce to a general good, in the timely prevention of so growing an inconvenience, Have particularly informed our selves concerning the said business, and do certify that the like project was formerly attempted by ano­ther, which is now intended by the Doctour, and therefore was referred by K. Iames of blessed memory to the Lords of the Council, and by their Lordships to the College of Phy­sicians to certify their opinions thereof; who upon ma­ture deliberation made report to their Lordships of the unfitness of the said proposition, there being no such cu­stome ever used either here or in any other Kingdom. Whereupon the same was rejected and died. And whereas we understand that the said Doctour doth ground his com­plaint upon the insufficiency of Midwives, whom he would undertake to teach, though licensed by your Lordships Of­ficers, whom we do believe to be as carefull in admitting of Midwives as they are in other Kingdomes; Onely we are informed that divers do practise without Licence, and some are Deputies to others, through whom we probably con­ceive some abuses to grow, because their abilities and ho­nesty of lives and conversations are not testified upon oath as others are who are licensed. But for adding sufficiency to them by the Doctour's instruction, he is not otherwise able to instruct them than any other the meanest Fellow of our College, unless he understand it by the use of Iron instru­ments, which Physicians and Chirurgions may practise if they please; and some do and have done with as good suc­cess and dexterity as himself, and therefore there is no ne­cessity of a sole dependence upon him. And it being true that is reported by the Midwives, the Doctour doth often refuse to come to the poor, they being not able to pay him according to his demands; and for the rich he denies them [Page 466] his help untill he hath first bargained for great rewards; which besides that they are in themselves dishonest, cove­tous, and unconscionable courses, they are also contrary to the Laws and Statutes of our College, to which by Oath he is bound. We therefore for this and other reasons we can alledge, conceive his suit to be unreasonable and inconve­nient. And so do humbly leave the same to your Lordships grave judgments, unto whom his Majesty referred the con­sideration thereof.

Mr. Shambrooke, one of the Wardens of the Apothecaries, presented 2. Apprentices to be examined. He was asked whe­ther they had been examined and approved by their Compa­ny. He answered, they had not. Whereupon Mr. President gave him to understand that the College would not hereafter examine any of their Apprentices, except they were first ex­amined and approved by their own Officers; for so and no otherwise the College had decreed to proceed in that busi­ness.

Mary-Peak was complained of for undertaking the cure of one Major's daughter, for which she had 20 l. and 10 s. per week for diet. Yet was she so far from curing her, that she had left her in a worse condition than when she undertook her Cure. She was by the Censors fined 10 l. for her foolish and desperate practising Physick. Her imprisonment was remitted for some considerations, provided she gave security for the payment of her Fine within 26 days.

Mr. Shepheard appeared before the President and Censors upon summons, he was rebuked for his practising upon Mad-men without calling any Physician to the cure according to the te­nour of his permission granted him by the College and his own promise. Upon some excuses made by him, his submission to the College Censure, with fresh promises of better confor­mity hereafter, he was dismissed.

Physicians of the College of London are bound to write the day of the month and the year of our Lord upon their Bills or prescripts, and to subscribe their proper names thereto, and the Apothecaries should not make any such medicine, as is not so noted and subscribed; except they know the hand to be the [Page 467] hand-writing of some one of the Physicians of the College of London, or that such Apothecaries with their own hands do first date such bills, and note down the names of the Physicians so directing them.

Christopher Barton, Weaver, was accused for practising the Art of Physick unskilfully and to the hurt of many. One charged him for taking money to cure an old Cough, for which he gave him onely white Wine and Sugar, which pro­fited him nothing. Another complained that she had given him money to cure her, but was nothing the better. Upon these complaints he was left to the Messenger till the next Cen­sors day; when appearing, 4 persons more brought fresh ac­cusations against him for his illegal and ill practice. This Bar­ton affirmed of himself, that his Cures were by virtue of 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 Note: London. ss. 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' [Page 468] 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 A Copy of the Censors War­rant for the commitment of Empiricks to prison. 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 [Page 469] 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 shalbe 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 [Page 470] 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 Constable or other Officer to whom the delinquent was delivered, should be registred.

Iohn Hunt was presented for setting up Bills for the Cure of several diseases. He was pardoned conditionally, that he set up no more, neither practised for the future.

Dr. Gerard Boet was accused and confessed that he gave Physick to one Mrs. Stone sick of a Pleurifie; being examined by the Censors as to his practice, he was condemned by them of ill practice, fined 10 l. and sent to the Compter in Woodstreet.

Mr. Phige, Apothecary, was charged by Mr. Tho. Canby for giving a Clyster, several Papers of Powder, and letting bloud one Mr. Robert Canby, who was sick of a Dropsie. Phige re­fused to give any other answer to the Censors, than that if he had offended the Laws, he was willing to satisfie them. Ro­bert Canby exhibited a note, particularly expressing the said Phige his practice upon him, signed with his own hand. The Contents whereof he likewise attested to be true to the Cen­sors. [Page 471] Wherefore the practice of the said Phige was censured in the following words.

The Censors of the College of Physicians London at Mr. Robert Canby his request have taken into consideration the practice of Mr. Phige Apothecary used on the body of the said Mr. Canby, and gi [...]e their judgment, That the practice of the said Phige was altogether un­warrantable, dangerous and prejudicial to the health of the said Mr. Canby, and the administration of his Medicines they censure evil and undue. Subscribed,

  • John Clerk,
  • William Goddard,
  • Edmund Smith,
  • John Bathurst.

Mr. Philips, Distiller of Waters and Spirits, being accused of practice, because he sold those Waters with notes how to use them, promised that hereafter he would give no more di­rections.

Dr. Whitaker, being summoned before the Censors, was asked by what authority he practised Physick; he replied that he had taken a degree at Leyden and was incorporated at Cam­bridge: He behaved himself very rudely and insolently; Wherefore Orders were forthwith given by the Censors for his prosecution at Law.

Andrew Kipping, Surgeon, confessed that he had practised Physick in London for 12 months: He pleaded Letters testi­monial given him by the President and Elects. He was ad­monished by the President and Censors that for the future he should abstain from all practice. Yet being after guilty of il­legal practice, proved against him, order was given for his prosecution at Law the next Michaelmas Term.

Iames Oyston, Master of Arts in Edenburgh, appeared before the President and Censors, and produced Letters Patents from the Most Reverend the Arch-bishop of York, and from the Right Reverend the Bishop of Durham, whereby they had granted him a Licence of practising both Physick and Sur­gery: [Page 472] But being now satisfied, that by the Laws of the King­dom, those Licences were invalid, He desired to pass the exa­mination of the College, that he might carry their Letters Te­stimonial into the Country with him. His request was granted, he examined, and Letters Testimonial given him, drawn up after the ordinary form.

FINIS.

THE INDEX.

A.

ANatomy, Liberty granted the College by Q. Eliz. Charter to take yearly 4 Bodies in London, Middlesex, or in any County with­in 16 miles, p. 35, 36. Liberty gran­ted them by K. James his Charter to take 6 Bodies yearly, for Anatomies in London, Middlesex, or Sur­rey, 113.

Antimonial Cup, Several killed by the use of it, p. 442, 443.

Apothecaries, the principal heads of their Charter: They and the Grocers made one Corporation 4 Jac. p. 119. The grounds for their obtaining this new Charter, 119, 120. By what Physicians it was approved, 120. The Apothecaries separate from the Com­pany of Grocers and made one Incor­poration, 120, 121, 123, 124. Sub­ject to the Magistracy of the City as well as other, 121. The persons first incorporated, 122, 123. They were incorporated by the name of the Ma­ster, Wardens, &c. and made a Body politick, 126. Capable to purchase or sell lands, 126, 142. To have a Common Seal, 127. To sue and be sued, ibid. Power to chuse a Master, two Wardens and 21 Assistants, 128. To have an Hall, ibid. To keep Courts, ibid. To consult about Statutes, Laws, Articles, &c. ibid. The Master, Wardens, &c. being 13 in number to make Laws for the government of the Society, 129. In all their Or­ders concerning Medicines, to advise with the President and four Censors of the College of Physicians, 130. To punish by Fines and Amerciaments to the use of the Master, &c. without [Page] giving account 131. Their Fines to be moderate and not contrary to Law, ibid. Their first Master, Wardens and Assistants, 131. 132. To take an Oath before the Attorney General, &c. 132. The Master and War­dens to be sworn before the Assistants, ibid. Power granted to the Assistants to chuse a Master and Wardens, 133. To chuse others in case of death or removal, 134. To chuse new Assistants and swear them, 135. To administer the Oath to the Master, Wardens, &c. ibid. No Grocer to keep an Apothecaries shop, under the penalty of 5 l. per mens. 136. No Apprentice to be made free unless al­lowed by the President, or some Phy­sician or Physicians deputed by him; who is or are to be present at his ex­amination by the Master and War­dens, 137, 138. Power to enter Shops and Houses to search and try Medicines, and to burn all unwhol­some and hurtfull Medicines, 139, 140. Officers to be assistant to the Master, Wardens, &c. in their search, 140, 141. Power to buy and sell Druggs, &c. 141. To chuse a Clerk who is also to be sworn, 143. To chuse a Beadle and to give him his Oath, 144. A saving of the power of the President and College of Physi­cians and their authority, ibid. The College to have the same power in their searches, to call the Master and War­dens of the Apothecaries Company as of the Grocers, 145. What Medi­cines Surgeons may have for their own use, ibid.

Their wares, Druggs and Stuffs to be searched by the Censors, and burnt, if found faulty, 18, 19, 33, 49, 311, 438. The forfeiture of an Apothe­cary refusing this search, 19, 33. The forfeiture of such as being elect, refuse to be sworn or to make search, 19. Magistrates shall assist Physici­ans in this their search, 33. They are not to divulge the names of Medi­cines, nor deliver Physicians Bills, 310. They should expose their In­gredients to open view upon making a dispensation of Medicines, 311. No poisonous or venemous Drugg to be sold by them without noting the name of the Buyer and time of buying, un­less there be a bill sent from some learned Physician for their discharge, 312, 436. Required by a Warrant from K. James his Council to deliver the bills of all illegal Practisers to the President and Censors, 382. Not to compound or administer Medicines without prescription, 437. In all their bills there should be entred the Patient's name, the day of the month and year, 344, 345, 466. Censured for falsifying bills, 439, 440. little advantaged by taking Degrees in Phy­sick, 443, 444. Interdicted prac­tice, 310, 364, 440. required to give bond not to practise, 354. dis­communed, 375, 438, 440, 443. Certificates given by the Censors a­gainst practising Apothecaries, 427, 471. Sued for practice, 415, 416, 417, 418. Fined, or fined and im­prisoned for the same, 333, 340, [Page] 351, 354, 364, 375, 403, 406, 407. Their Apprentices not to be examined but at the College, 439. Refused examination, when not first examined by their own Company, 466.

Arms, Collegiates discharged from bearing or providing Arms, 58, 115, 282, 323, 378.

C.

Cambridge, Dr. Winterton, Pro­fessor of Physick there, refused to give Licences to some, and incorporation to a Leyden Dr. and why, 443, 444. He resolved against giving any Li­cences without keeping an Act, 444.

Cases reported,Dr. Bonham'sby Coke,p. 178.
by Brownlow,202.
Butler's byJones,221.
Croke,225.
Littleton,229.
Huybert's 267.
Needham's 273.

Censors, They are yearly to be chosen: out of whom, and by whom, 9, 70, 75. Their office and power to examine persons and medicines, 9, 44, 49, 88. Their power to search Apothecaries shops, and to burn or destroy corrupt or defective medicines, 18, 19, 33, 49, 92, 305, 308. To punish for making bad medicines, or not accor­ding to Physicians prescriptions, 49, 50, 51, 95. To summon Apotheca­ries, &c. to testifie against illegal practisers, and to punish them upon refusal, 47, 48, 50, 90, 91, 93, 94. To supervise practisers, and to sum­mon, censure or punish any of them offending, 44, 45, 86, 87. To im­pose fines, 9, 32, 44, 46, 50, 51, 84, 89, 91, 94, 95, 279, 280. To imprison, 9, 31, 32, 44, 46, 50, 84, 89, 95, 111, 112, 279, 280, 343, 344. In what cases they have power to fine and imprison, and in what not, 188, 189, 195, 207, 215, 216, 217, 279, 280. How the first of Q. Mary hath enlarged their power, 198. Several things to be observed for their better direction, 200, 219. They may commit to prison upon refu­sing examination; if an ordinance of the College be made to that purpose, 280, 281. No Action of false im­prisonment can lie against them for committing for unskilfull or temera­rious practice, 281. They may sue for two years practice, 419. The form of a Censors Warrant to impri­son, 467, 468. To discharge from prison, 351. They are sworn duly to execute their Office, 80. They are to take the Oaths of Obedience and Supremacy, ibid. They may be remo­ved, and for what causes, 76, 78.

Charter of H. 8. why granted, p. 6, 7. recited in other Charters and in tri­als with Empiricks, 38, 39, 62, 63, 148, 164.

Charter of Q. Elizabeth, 35.

Charter of K. James, why granted, 40. The King promised to consent to [Page] a bill in Parlament for confirmation thereof, 59.

Charter of our present Sovereign K. Charles 2. why granted, and at whose humble petition, 66, 67. The King promised to consent to a bill in Parliament for confirmation there­of, 116.

Charter of K. James to the Apothe­caries, 119.

College of Physicians, why and when made a Body Corporate within London and 7 miles thereof, p. 6, 7, 10, 11, 37, 38, 62, 148. They shall have perpetual succession and a common Seal, 8, 68, 69. They shall be of ability to purchase lands, 8, 57, 68, 114. They may sue and be sued, 8, 42, 68, 107. They may make lawfull Assemblies and Ordinances for Government, 8, 53, 54, 83. None shall practise Physick in Lon­don or 7 miles, unless he be admit­ted by the College, 8, 9, 85. Not to be summoned on Iuries, and to be exemp­ted from watch and ward and all Pa­rish Offices, 10, 17, 18, 115. To have a Hall, 53, 82. To have a Register, 55, 109. To appoint other Officers and to give them an Oath, 56, 110. To remove them upon just cause, 56, 110. Power to take Recognizances to the King, 57, 110, 111. The King's moiety given to the College, 43, 106. All fines given to the Col­lege, 51, 52, 106. 6l. per an. to be paid into the Exchequer for and in respect of the King's moiety and fines, &c. 60, 108. The College hath power to remove any of the E­lects, Censors or Fellows, and why, 56, 78. Not less than 15 can make a College, 83. Any of the Physicians in London may practise Surgery, 20. Power to punish by fine or impri­sonment, 84.

Their Charter confirmed by Acts of Parliament, Royal Patents and ad­judged Cases, 11, 31, 35, 39, 40, 41, 64, 115, 116, 152, 159, 163, 164, 169, 172, 180, 197, 205, 215, 221, 229, 230, 245, 250, 276. All fines except 10 l. and 5 l. per mens. to go to the poor, charges first deduc­ted, 107, 108.

Copies of several of their Declara­tions agianst Empiricks and ille­gal practisers, 147, 164, 178, 202, 261. Their Declaration may be in the name of the President and not of the College, and yet good, 223, 225, 251, 256. They may either bring their Action, or exhibite an In­formation, 217, 229. This informa­tion may lie in any of the King's Courts of Westminster notwith­standing the Statute of the 21 K. Jac. c. 4. 233, 234, 243, 256.

The College may imprison for breach of private Statutes, and impose rea­sonable fines thereupon, and continue Delinquents in prison till paid, 279.

They may take a reasonable Sum upon admissions, 279.

A Letter writ by them against the admission of Dr. Saul to be the Queen's Physician, 357.

[Page] Their opinion required about the death of a Noble Lady, 381. About a Patent to be granted for the cure of Ruptures, 395. About a person sus­pected to be poisoned, 428. Concer­ning one pretending great cures as being the seventh Son, 446, 447, &c.

E.

Elects. Eight appointed by Act of Parliament, p. 11. Their power what, 11, 12. Ten appointed by the last Charter, 70. their names, 71. They may be removed and why, 77, 78. They should take the Oaths of Obedience and Supremacy, 80.

Elections. They are duly to be made, 72. Each Fellow hath his single voice, 79. Where voices are even, a casting voice is allowed the Presi­dent, ibid.

Empiricks. Their several pleas, 154, 222, 265.

Butler's plea for practice was the 34, 35 H. 8. c. 8. p. 222, 226, 229. The College's Answer, 222, 226, 229. Butler demurrs and why, 222, 226, 230. Errours assigned by him, 222, 223, 225. Iudgment given against him, 222, 223, 224, 228, 259. How Butler exceeded the licence of the 34, 35 H. 8. p. 234.

Gardiner's plea the same, 154, 156. The President's reply, 157. He pleads the insufficiency of that answer, 158.

The President defends it, ibid. A judgment given against Gardiner, by the Court of Kings Bench upon the Charter of 10 H 8. and the Sta­tutes confirming it, 159. He moves for an arrest of judgment and why, 161, 162, 163. The Court upon hearing the Record, adjudged for the College, 163.

Huybert. The College's Declaration against him, 261, 267. His plea, viz. that the 14, 15 H. 8. was no Statute, 265, 267. The College's reply, 265. The Record of the 14, 15 H. 8. brought out of Chancery to the Court of King's Bench by Mitti­mus, 267. Huybert's Council ob­jected that this was no Act of Parlia­ment, wanting the Royal Assent, 267. The Court replied and shewed the dif­ferent method of passing Acts of Par­liament with the difference betwixt Statute Rolls and Rolls of Parlia­ment, 268. The Royal Assent not entred till after H. 5. in the Statute Rolls, ibid. The Record brought by the College was not a Transcript of the bill upon which the Answer of the King was written, but a Transcript of the Entry which was made upon the Statute Roll; upon which it is not necessary that the Royal Assent should be entred, and why, 269. The 14, 15 H. 8. appears by the Record certified to be a good Act of Parliament, 270. The Royal As­sent was entred at the end of that Session, 271. If the Certificate be [Page] false, the Defendant may bring his Action against the Clerk of Parlia­ment or the Clerk in Chancery, 271. The court of Kings Bench cannot cause the Parliament Rolls themselves to be brought into Court, ibid. The second objection made by Huybert's Council was; That the Issue was, whether there was such a Record, and that is to be tried by the Record it self; now here the tenour of the Record was on­ly certified and not the Record it self, ibid. The Court answered, that up­on the Issue of Nul tiel Record, a Certificate of the tenour was suffici­ent to prove the Issue, 272, 273. Iudgment entred for the College a­gainst Huybert, 273.

Needham. The College declares against him upon an Action of Debt 273. His plea double, 273, 274. The College demurred and why, 274. Iudgment entred against him, ibid.

Empiricks how described in the 3 H. 8. p. 1, 2. not known to the Law, nei­ther can they have action, 252. One set in the Pillory, 306. Another set on Horse-back with his face to the Horse-tail, the same tail in his hand as a bridle, with a collar of Iordans about his neck, ibid. The President and College bound by solemn Oath and conscience to prosecute them, 318, 321, 325, 328, 330, 352, 353, 387, 412. A warrant sent from K. James his Council to the Magistrates of London for their Attachment, 370. The Kings Letter to the President and Censors, requiring them to put the Laws in execution against Empi­ricks, 372. the King's Letter di­rected to the Lord Mayor, Aldermen and Iustices of London, requiring them to assist the President and Cen­sors in suppressing Empiricks and il­legal Practisers, 374. Keepers of Prisons prosecuted for suffering any of them to make their escape, 329, 361, 403, 421. they ought not to practise Physick in prison, 314. they cannot be bailed, 344, 345, 469, 470. How the College proceeded against them when they procured protections, 338, 339, 352, 355, 391, 423, 424. They were summoned to ap­pear upon penalty, 354, 355, 369. punished for exposing bills, purging diet-drinks, purging confections, or tables of the virtue of their Medi­cines, 333, 363, 364, 365, 368, 369, 442, 470, 471. Several of them examined and rejected, 315, 323, 324, 326, 331, 334, 337, 342, 364, 368. their dangerous and evil practice, 315, 323, 331, 332, 333, 334, 335, 351, 355, 357, 365, 367, 368, 389, 391, 392, 402, 421, 425, 441. their unconscionable dealings, 335, 352, 366, 369, 391, 394, 397, 419, 420, 439, 445, 446. their egre­gious ignorance and knavery, 322, 326, 330, 334, 337, 354, 355, 384, 385, 390, 395, 399, 400, 404, 405, 421, 445, 446, 467. Interdicted practice, 322, 323, 333, [Page] 337, 346, 347, 356, 364, 368, 384, 389, 394, 395, 405, 422. Required to give bonds not to prac­tice, 314, 315, 316, 319, 322, 323, 324, 325, 326, 332, 333, 334, 342, 347, 349, 355, 368, 375, 386, 387, 401, 420. Letters testimonial granted against them, 332, 392, 403, 442. Some of them fined, others fined and committed to prison, 313, 314, 315, 316, 319, 320, 322, 323, 324, 325, 326, 327, 333, 334, 337, 338, 341, 342, 349, 352, 354, 356, 357, 365, 369, 384, 385, 387, 388, 391, 401, 404, 413, 420, 422, 439, 446, 466, 467. Sued or prosecuted by the College, 147, 161, 162, 221, 225, 229, 259, 261, 273, 275, 305, 308, 310, 313, 314, 319, 339, 356, 387, 388, 391, 393, 394, 421. they may be sued for 2 years practice, 419. Coun­trey Empiricks sued or prosecuted by the College, 309, 310, 313, 314. What the Common Law against Em­piricks was before Acts of Parlia­ment were made against them, 251.

F.

Fellows of the College. Forty con­stituted by the last Patent, 70. the names of them, 40. they were to con­tinue for life, if not removed for cause, 71. How to be chosen, 77. Power to amove any of them, 78. they are to be sworn duly to execute, 80. to take the Oaths of Obedience and Su­premacy, ibid.

Fines. All fines, forfeitures and a­merciaments to be approved by the next College Court, and registred, before any levy is made, &c. the 10 l. and 5 l. excepted, 100, 101. An appeal may be made to Visitors ap­pointed by the King within one month after the fine is approved, 101, 102. These Visitors are to receive and de­termine appeals, &c. 102, 103, 104, 105, 106.

H.

Hospital of Christ Church. No Phy­sician should be chosen into that Foundation, but one approved by the College, 418.

L.

Licence. A Licence from the Elects will not justice practice in London, 362, 471. The Bishop's licence can­not do it, 471, 472. the College's li­cence not to be allowed to those who have been in Holy Orders, 376, 401, 443. Their obtaining a Licence is a general detriment, 443, 444.

M.

Midwives. A Petition presented by them to the College, 463. The Col­lege's [Page] Answer to their Petition, which was by them delivered to the Arch­bishop, 465.

O.

Oaths of Obedience and Supremacy to be taken by the President, Fellows and Officers of the College, 80. Po­wer given to the Elects or to any two of them to administer these Oaths to the President, 81. The President to administer them to the Fellows and all Officers, 82.

P.

Physicians. By whom to be allowed for City and Countrey, 2, 3, 8, 12. All Physicians practising in the seve­ral Dioceses out of London (Gra­duates excepted) must be examined by the President and 3 of the Elects, 12. they are to be licensed by the President and Elects, or any four of them, 96. they are first to be ex­amined, and if able, to be approved by Letters testimonial under the hands of the Elects, 97. Power gi­ven to the President and Elects to summon, examine and give testimo­nials and to reject unfit persons, 97. None are to practise in the Countrey till they be licensed under pain of 5 l. per mens. and how to be recovered, 98. None to practise in London or within 7 miles of the same, without licence under their Seal, 8, 9, 343, 344, 345.

Practice of Physick, what is to be esteemed such, 281.

President of the College, His office and duty, 7, 8. Power allowed him to make a Vice-President, 74, 75. He is to be sworn duly to execute his office, 80. to take the Oaths of obedi­ence and Supremacy, ibid. to admi­nister them to the Fellows and all College Officers, 80, 81, 82.

R.

Register made by Patent, 55, 109. He is to be sworn for the true per­formance of his Office, 56, 110.

S.

Seventh Son. The cheats of one who pretended himself a Seventh Son, with an Historical account of the Col­lege's proceedings with him, 446, 447, &c.

Statutes or Acts of Parliament, how to be expounded, 247, 248. The difference betwixt Statute Rolls and Rolls of Parliament, 268. By whom Statutes were formerly drawn up, 268, 269.

[Page]

Statutes re­lating to Physick or Surgery.3 H. 8. c. 11.p. 1.
5. H. 8. c. 6.3.
14, 15 H. 8. c. 5.5.
32 H. 8. c. 40.17.
32 H. 8. c. 42.20.
34, 35 H. 8. c. 8.28.
1 Q. M. Ses. 2. c. 9.30.

The 3 H. 8. repealed in effect by the 14, 15 H. 8. 185. repealed by the 34 H. 8. 230, 231. Its imperfec­tions, 252.

The 14, 15. H. 8. Thirty six Acts passed in the same Session of Parlia­ment when this was made, 16. confirmed by the first of Q. Mary, 229. It repeals the 3 H. 8. in 3 main points, 238. not restrained by the 34, 35 H. 8. 253, 254, 258.

The 34, 35 H. 8. whether repealed or not, is disputable, 227, 230, 236, 238, 250. This Act extends onely to Surgeons, 235, 258. It gives liberty onely to those who practise for Piety and Charity, excluding all that take money or gain, 258.

Surgeons. By whom to be allow­ed for City and Countrey, 2, 3. Exempt from being Constables, bearing Armour, keeping Watch and Ward, &c. 3, 4, 5. The Autho­rity and liberty of Barbers and Surgeons being made of one Com­pany, 21. By whom and when the Barbers of London were incor­porated, ibid. The benefits like to ensue by joyning the Barbers and Surgeons into one Company, 22. The Barbers and Surgeons made one Company and incorporated, ibid. The Barbers and Surgeons in Lon­don exempt from bearing of Arms or being in Watches or Inquests, 24. Surgeons may yearly take 4 condemned persons for Anatomies, ibid. No Barber in London shall use Surgery, 25. No Sur­geon in London shall use the craft of Shaving, 26. Every Surgeon in London shall have a Sign at his door, ibid. None shall be a Barber in London but a Freeman of the Company, ibid. Four Wardens shall be chosen, and their authori­ty, ibid. The forfeiture of offen­ders, 27. Any person may keep a Barber or Surgeon as his servant, ibid. Any person being no com­mon Surgeon may minister outward medicines, 28. By what means the Surgeons of London have abu­sed the Statute of the 3 H. 8. c. 11. for their own gain, ibid. It shall be lawfull for any person to cure outward Sores, notwithstanding the Statute of 3 H. 8. c. 11. 29.

A Letter sent to the Surgeons from the College, requiring them to ab­stain from the practice of Physick, [Page] 340. They are not to give inward medicines, 315, 316, 343, 344. Their endeavours to procure Letters Patents and an Act of Parliament to prescribe inward medicines in Wounds, Ʋlcors and French Pox, 359, &c. The College's resentment thereof, 361. A second attempt of theirs to procure Licence to admini­ster Physick in all cases Chirurgi­cal, 406. Interdicted practice, 348, 363, 367, 422. Required to give bond not to practise, 332, 341, 368, 423. Discommuned, 425. Fined, or Fined and impri­soned by the Censors, 315, 319, 331, 332, 333, 340, 341, 348, 349, 355, 365, 367, 375, 384, 395, 413, 422, 438, 446.

T.

Trials of the College against Em­piricks, & è contrà.Versus Gardiner, pag. 147. 
Versus Dr. Bonham, 164. 
Dr. Bonham versus the College, 178, 220. 
versus Butler, 221. 
Butler versus the Col­lege, 225. 
versus Butler, 229. 
versus Bugge, 259. 
versus Huybert, 261. 
versus Needham, 273. 
Trials of the College against Em­piricks, &c.Versus Bourne,275.
Harder,
Merry,
Stone.

U.

Vniversities. Dr. Bonham's case; The College's Declaration against him for practising Physick in Lon­don without licence, 164. Dr. Bonham's Plea, 171. The Presi­dent's reply, viz. that his plea was invalid, 175. Dr. Bonham justi­fies it, ibid. Iudgment given by the Court of Kings Bench for the College against Dr. Bonham, 177. He brings an Action of false im­prisonment against the College, 178, 202. The College's Plea, ibid. Bonham's reply, 183, 203. The College demurs, and why, 184. The Iudges divided in their opini­ons, 184, 186, 209. Why Iudg­ment was entred for Dr. Bon­ham, 188, 189, 196, 201, 220.

Their Privileges secured in the 3 H. 8. p. 3. They may not prac­tise in London, &c. 184, 185, 204, 211, 212, 277, 335, 336, 364. Summoned to give an ac­count of medicines prescribed in London, 377. Why they are sub­ject to the examination, correcti­on [Page] and government of the College, 278. Some of them rejected upon examination, 315, 348, 350, 362, 376. Interdicted practice, 334, 350, 364, 366, 377, 383, 409, 419. gave bond not to practise, 347, 349. Sued or [...] by the College, 164, 178, 202, 314, 335, 350, 351, 366, 367, 376, 418, 419, 471. Fined, or fined and imprisoned, 334, 348, 350, 362, 363, 366, 376, 407, 409, 438, 47 [...].

THE END.

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