An Answer to the Objections Made to the SURGEONS BILL.

THat the Surgeons of London in the Reign of Hen. VII. Examined such as were admitted to Practise Surgery, and chose Mr. John Smith, Dr. in Physick, an Examiner with them, who was present at such Ex­aminations, appears by an Old Manuscript formerly belonging to Sir Robert Cotton, and now ready to be produced. It appears also by the same Manuscript, that the Persons Examined and Approved, were admitted to practise in the directive as well as the operative part.

That the examined and approved Surgeons of London examined the other Sur­geons, is further manifest by the Statute of H. VIII. An. 3. C. 11. By the 32d of H. VIII. C. 42. at their Incorporation with the Barbers, all former Priviledges were con­firmed to them: But the Surgeons not permitted to shave, because they took into their Houses such as had the French Pox and Plague, which are not Cured by Plaisters only.

By the 34th and 35th of H. VIIIth Cap. 8. all Persons having Skill in Herbs, Oyntments, &c. are impowred, not only to Cure outward Sores, but also to give Drinks in Cases of Stone, Strangury &c, And this Act was made because the Sur­geons had hindred many Persons from doing it, as appears by the Recital: From which it is strongly to be imply'd, That the Surgeons had a Right to give such Drinks: Otherwise there had been no colour for their Pretence to restrain others from it.

'Till the first year of King J. the 1st. the Surgeons used Surgery in all its parts, without any interruption from the College. And the said K. James the 1st. in the 2d year of his Reign, confirm'd all former Priviledges unto them; and further, by Charter impowred them to give Internal as well as External Medicines, and to Ex­amine all that use Surgery: And the Usage has been in all times agreeable to it, and lookt upon as an Essential part of the Practice of Surgery.

Whereas the College do confidently affirm, that the Surgeons attempts to procure a Patent from King Charles the 1st. for giving Internal Medicines in Cases of Surgery was in vain, and that the Lord Coventry refused to Sign the same, is not so: For it is apparent that the Surgeons have that Patent, in which he not only confirms the aforementioned Priviledges but grants to them many others; amongst which, that all Persons using Surgery within the City of London and 7 Miles thereof, should be Examined by four or more of the ten Examiners of the same Company, in the pre­sence of two or more of the Governours, which method continues to this day.

By vertue of the 32th H. VIII. the Physicians of London were impowered to use Surgery, but not to Examine Surgeons.

That the Surgeons themselves do constantly chuse who of the College to read their Anatomical Lectures is true, (but they are not Elected by the College, as they wold infer,) and four of their own Members to dissect the Body for their own improvement in that Art; which if the College had been as careful to do, they would not have discontinued the Lectures which Dr. Harvey left a considerable Sum of Money to maintain.

Whereas the Physicians affirm they were a Corporation Eighteen years at least before the Surgeons, the contrary is manifest: For the Surgeons were a Company in Henry the VIIth's time, as appears by the Arms given them by the said King, and by the Preamble of the 5th of Hen. VIII. Cap. 6. and 32 Hen. VIII. Cap. 42.

Whereas the Physicians do alledge, that the Surgeons met with great disap­pointments in the Court of King James the 1st. the contrary is manifest, by his Gracious Charter above mentioned.

True it is, That such an Order as is mentioned by the College, dated the 13th of June, 1632. was obtained, and concealed for about three years, but upon Petition of the Surgeons, and a Hearing before the Court of Star-Chamber, it was disannulled.

True it is, That there was a Hearing before the late Lord Chancellour in the [...]

When the College lately offer'd their Bill to the House of Lords, the Surgeons Petition against it did not find so little favour as they affirm, for thereupon, their Arbitrary Clause was struck out of the Bill; of which Bill a Copy is ready to be produced.

The Physicians pretend to object to the Bill; That under colour of Cases of Sur­gery, it is intended to bring in all Cases.

That is but a meer Cavil, for every body knows what is meant by Cases of Sur­gery: And if it be thought that there is any Weight in that Objection, the Sur­geons are content it should be more plainly expressed, if it can be.

Another Objection is, Thay the Surgeons intend to let themselves into the Gene­ral Practice of Physick, by desiring that in all Cases it may be lawful for the Phy­sicians to consult with them.

The Answer to this is plain—They only desire that the College may not restrain Physicians from Consulting in proper Cases with Surgeons: Which the College of late has pretended to do by By-Laws which they have made. The Bill does wholly referr it to the Judgment of the Physician, whether he will con­sult with them, or, in what Cases he pleases to do so.

In Answer to that part of the Bill, against which the Physicians Object, that the Surgeons ought not to examin Surgeons: Nothing more is desired in that part of it, than what is already practised, except only, that whereas now the Bishop of London, and Dean of St. Pauls, do License upon a Certificate of any four Surgeons (in which they may easily be imposed upon) the Certifi­cate by the Bill is to be from the Examiners of the Company: Whereby Abuses will be prevented.

The Physicians set down three Reasons, as insisted upon by the Surgeons, for the Bill, which they pretend to except to but without cause: For as to the

First, That they have the like power already, of giving Internal Medicines in Cases of Surgery; it is most true, that such power is granted them expresly in the Charter of K. James 1st. and confirmed to them by other Charters.

The Surgeons second Reason mention'd is, That these powers are necessary to fit them for the King's Service, which is most apparently true, for otherwise they cannot be capable of serving in the Royal Fleets, or in Merchant Ships, or in the King's Armies, and the Surgeons are allowed this liberty in all other Countries in Europe, and here, except within seven Miles of London.

The Truth of the third Reason for the Surgeons, That, till of late, Physicians have consulted with them: Is known to most Gentlemen, and cannot be denyed by the Physicians themselves.

As to what the Physicians pretend to find in their Annals, That some few Phy­sicians have sometimes gone in the Fleets, it is true; but they did not go as Phy­sicians to the Fleet, or to take care of the Sea-Men, but to attend the person of some particular great Officer; and it is as true, that there is but one Physician in the Establishment of the whole Army, whereas there is a Surgeon and a Mate to every Regiment.

As to the insinuation, That the giving this liberty to the Surgeons, will be a pre­judice to the Universities; it is but a meer pretence: For it is desired only in Cases of Surgery, which will not affect them. But the Physicians admitting more than forty Foreign Doctors, and giving them place before the Doctors of either of our Universities, and the general Licenses to practice Physick, which the College does frequently give to persons who never were of any University, if they will pay Fees, Gratuities, and Quarterage-Money, as the College thinks fit to demand, is a great detriment to the Universities, and a discouragement to the study of Physick there.

Whereas the Physicians alledge, they are so far from discouraging the Surgeons, that they never denyed any who applyed to them for a License to practice, Pro­vided they gave any Testimony of their fitness; the contrary is so manifest, that they refused to License Mr. Coatsworth, the last person of the Surgeons Company who had a License from them, till he had procured himself to be discharged of the Company.

FINIS.
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