The Colledge of Physicians vindicated, and the true state of physick in his nation faithfully represented in answer to a scandalous pamphlet, entituled, The corner stone, &c. / by Charles Goodall ...

POSTSCRIPT.

SInce the writing of the first part of my Book, which relates to the establish∣ment of the Colledge of Physicians by Law, I understood that the Records of the Parliament, in 14 and 15 H. 8. were to be seen at the Rolls Chappel; which in∣gaged me to make a very diligent search into that Act, and the rest which concern∣ed the Colledge of Physicians: where I found upon that Parliament Roll 36 Acts publick and private, whereof 26 were signed at the bottom with Respons. Regis le Roy le veult; and ten others stitched to these on the same Roll, without le Roy le veult: But at the end of the Roll there is affixed a Commission granted by the King to Cardinal Woolsey to Prorogue and Adjourn the Parliament, from Blackfryers to Westminster, and there to continue and hold it; immediately after which Commission we may find, that upon the 13 day of August, about six in the evening, the King being present, the House of Commons was sent for, and Sir Thomas Moore their Speaker

having made a very elegant and learned Speech, he presented the King with a very large Subsidy given by the Commons, as a Testimony of their great devotion to their Prince; which being done, and the Lord Chancellor having (according to the usual custom) privately conferr'd with his Ma∣jesty, he commanded that all those Acts which were made in that present Parlia∣ment for the publick good, should be re∣cited and published. Quibus ex ordine per initia recitatis & lectis singulis publicavit Parliamento respons. secundum Annotationes Regiae voluntatis Declarativas à dors. script. fact. dictus reverendissimus dominus Legatus Cancellar. exhortando & admonendo nomine Regis omnes Dominos & Communes supra∣dictos ut diligenter ordinata Statuta pro bono publico in hoc Parliamento observarent & ab aliis observari procurarent, &c.

Now 'tis evident that the Titles of all Bills that were agreed upon by both Houses, were read in the Kings presence, and received the Royal Assent, though it was not ingrossed by the Clerk of the Parliament upon Ten of those Acts which are to be seen in the forementioned Roll, which are but Transcripts of the Original Records; and therefore as far as can be

proved, Roy le veult might be ingross'd at the top or bottom of these Ten as well as the other 26. in the Original Records; But however 'tis plain, that the Form and Essence of a Statute Law doth not consist in the Clerk of the Parliaments engrossing the Royal Assent at the top or bottom of an Act, (that not being done until the Session is over) but in the Clerk of the Crown's pronouncing of it after he hath read the Title of each Act, according to certain instructions given from the King. Now the Clerk having in the audience of Lords and Commons pronounced aloud to every publick Bill le Roy le veult, to every private Bill soit fait comme il est desire, and to every publick Bill the King refuseth to pass le Roy se avisera; 'twas no difficulty for the Judges and Lawyers, Lords and Commoners to know what Acts passed that Session; and that this Act relating to Phy∣sicians did then pass by this Royal Assent, seems very clear; because (as I before inti∣mated in page 8. of my book) a Parlia∣ment within 17 years after in the same Kings Reign owned the Colledge as a Body Corporate, and gave them several privi∣ledges which they maintain, and enjoy to this day; and about 28 or 30 years after,

another Parliament confirmed the 14 and 15 H. 8. with every Article and Clause therein contained, as you may see more at large, page 9, 10. And that the giving the Royal Assent to these two Acts last men∣tioned in 32 H. 8. and 1 Q. M. might not be questioned, you may see it thus ingross'd upon the top of the first, Item alia quaedam Billa formam cujusdam Actus in se continens exhibita est suae Regiae Majestati in Parlia∣mento praedicto, cujus tenor sequitur in haec verba. And then the whole Statute is re∣cited. And at the bottom you will find it thus engrossed, Cui quidem Billae perlectae & ad plenum intellectae per dictum Dominum nostrum Regem ex authoritate & assensu Par∣liamenti praedicti sic respons. est, Soit fait comme il est desire. And at the bottom of the second of the two last mentioned Statutes you will find it thus engross'd, Cui quidem Billae perlectae & ad plenum intellectae per dictam Dominam Reginam ex authoritate Parliamenti praedicti sic respons. est, le Reigne le veult. Now 'tis plain that these Sessions of Parliament were not so long distant from the former, but that some that were in both Houses of Parliament in these two Sessions, might be in that; and therefore would not have own'd the forementioned for an Act,

if they had not heard the Royal Assent given to it? But besides, this Act of Parlia∣ment with some others of the Ten were ever owned as Acts of Parliament: As for instance, an Act that the Sir Clerks of Chancery might marry, an Act concerning Cordwayners, an Act of Tracing Hares, an Act for the Clothiers in Suffolk, an Act for the payment of Custome, an Act for the Ha∣ven or Port of Southhampton; all which, with two or three private ones, were passed by the same authority that the Phy∣sicians was; and if that be invalid, all the former are much more. Nay further, these Acts were publickly printed, and bound up after that Session; which hath been in use ever since Printing hath been common in England; so that they may be found not only in the Rolls Chappel, but in Mr. Pulton's Statute-book, and in old Books that are bound up with Acts of Par∣liament that were made in particular Prin∣ces Reigns, which may be seen at Mr. Millers in St. Paul's Church-yard.

But suppose that this Testimony were not sufficient, I would desire Mr. H. to resolve me whether the forementioned Parliaments owning and declaring it as an Act, and the Judges upon several Tryals giving their

opinions for it, and the receiving it as a Record into the Rolls Chappel, be not evi∣dence enough to prove this very Statute an Act of Parliament; for I am credibly informed, that a Record being brought into the Rolls Chappel, and received as such by the Master of that Court, who is termed sacrorum scriniorum Magister, is so far from being question'd, that it is a full and sufficient evidence in any Court.