Vindiciæ medicinæ & medicorum: or An apology for the profession and professors of physick In answer to the several pleas of illegal practitioners; wherein their positions are examined, their cheats discovered, and their danger to the nation asserted. As also an account of the present pest, in answer to a letter. By Nath. Hodges, M.D. Coll. Lond.

CHAP. III. Of the Lord Bishops and their Vicar-Generals power to license Physi∣cians. (Book 3)

IT doth not appear either by the Ca∣non Law or Prescription, that the Bi∣shops and their Vicar-generals as Ecclesia∣stical Officers, had power to License any to practise Physick, or that Physicians in re∣spect of their Profession were subjected to the Jurisdiction of Spiritual Courts; 'tis confessed that the care of Hospitals did appertain to the Bishops who provided Physicians to cure the Sick, but it would seem a strange inference to argue that the Bishops exercised the like Priviledges else∣where, because to them was committed the supervision of these Hospitals, or that they had a Legal Right to license Physi∣cians who entertained them; wherefore until good evidence is produced to make out their claim to this Authority preceding

the Statute; I cannot allow the opinion of Episcopal Right of licensing to pra∣ctise Physick, besides should I admit that they had such a power in them as Ecclesia∣sticks, yet they must demonstrate the force thereof, since the Statute took place, but if it be found upon inquiry that nei∣ther de jure nor de facto, the Bishops and their Vicar-generals did license, and that the Statute is of full vertue, notwith∣standing any pretence of former Autho∣rity, it is unquestionable but that all per∣sons therein concerned, the Bishops and their Vicar-generals, as well as the people are obliged to take notice of it, and to the end that the Original and extent of their licensing Physicians may be fully known, I shall recite part of the Statute relating thereunto.

NO Person within the City of Lon∣don,* 1.1 nor within seven miles of the same shall take upon him to exercise and occupy as Physician or Chyrurgeon, except he be first examined, approved, and admitted by the Bishop of London, or by the Dean of Pauls for the time be∣ing, calling to him or them four Doctors of Physick; and for Surgery other ex∣pert persons in that Faculty, upon the

pain of forfeiture for every month that they do occupy as Physicians and Sur∣geons not admitted, nor examined after the tenor of the said Act, of five pounds, to be employed the one half to the use of our Soveraigne Lord the King, and the other half to any person that shall sue for it by Action of Debt, in which no wager of Law nor Protection shall be al∣lowed; And over this that no person out of the said City and Precinct of seven miles of the same, take upon him to ex∣ercise and occupy as a Physician and Sur∣geon in any Diocess within this Realm, till he be first examined and approved by the Bishop of the same Diocess or (he be∣ing out of the same Diocess) by his Vicar-general, either of them calling to him such expert persons in the same Fa∣culty (as their discretion shall think con∣venient) and giving their Letters Te∣stimonials 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 levied and imployed after the same form before expressed: Provided always that this Act nor any thing therein contained be prejudicial to the Universities of Oxford and Cam∣bridg, or either of them, or to the Pri∣viledges

granted to them, &c.

Thus the High-Court of Parliament was pleased (as the Statute imports) to authorize the Right Reverend Bishops and their Vicar-generals, as a Trust, to license all persons qualified to practise Physick, which business of Trust intimates an extraordinary confidence in their faith∣ful execution of it according to direction, and that the same Authority may demand an account of the discharge thereof, and accordingly either continue it in their hands or alter it, as may best answer their intent in relation to the peoples health and wel∣fare: 'tis not to be doubted but that the Parliament was moved by very weighty reasons to intrust the Bishops, &c. with the execution of this Law, being satisfied that they whom singular Piety, Learning, and other Endowments had advanced to those Dignities, would act circumspectly and prudently in the management of a pub∣lick trust of such consequence to the Na∣tion, in the exact performances of which, the people also promised to themselves much happiness, expecting by means of this devolution of power on the Bishops sound minds in sound bodies: And the Bi∣shop being out of his Diocess, the power of

licensing descended with the same limita∣tions to the Vicar-generals, who may not plead Liberty to act otherwise then the Statute allows, because there is no penalty annexed, as if thereupon they were not engaged to observe the several conditions enjoyned: Methinks the Parliaments good opinion of these Chancellors integrity should so far prevail with them, as at least not to seek out ways how they may safely break their Trust, and therefore offend be∣cause the Law doth not provide due pu∣nishment; I want words to express the exquisite dis-ingenuity of such practises, which encourage the violation of all pub∣lick and private Trusts at pleasure, if thereby no penalty is incurred.

I shall in the next place briefly consider the Injunctions in the body of the Statute, according to which both the Bishops and their Vicar-generals are to be guided in granting their Licenses, and although the Bishop of London and Dean of Pauls, may examine, approve and admit, yet they must call to them four Doctors of Physick, a competent number to avoid all suspicion of favour or partiality, and that the can∣didate be throughly sifted before he ob∣tain a License: Then it follows that the Bishop being out of his Diocess, his Vicar-general

may license according to the Sta∣tute, whence I collect that if the Bishop is in any part of his Diocess, his Vicar-ge∣neral may not exercise this power, neither can any such interpretation be put on the Bishops being out of his Diocess, as if this related only to his judicial attendance in Court, and so often as he is not there, his Vicar-general may license; for this is con∣trary to the letter of the Statute, and (as I conceive) the designment of it, which was primarily to authorize the Bishops and their Chancellors only in the others ab∣sence from their Diocess. I further ob∣serve that this power of licensing was by the Statute placed in the Bishops and their Vicar-generals, no mention being made of their Surrogates or Officials,* 1.2 in regard that this trust of licensing to practise Phy∣sick is no part of their office by vertue of the Bishops Patent to them, I quaere whether they commissionating Surrogates accord∣ing to those Patents, can legally invest them with the like Authority, since it is li∣mited by the Statute to the Bishops and their Vicar-generals? It is in the last place observable that four Doctors of Phy∣sick must be called in before the person to be licensed can be approved and admitted; I question then whether Certificates under

the hands of three or four Doctors of Phy∣sick without such examination in the pre∣sence of the Bishop, &c. do answer the command of the Statute? In respect of the whole untill these Vicar-generals and their Surrogates can produce any Legal Authority constituting them Interpreters of such Statutes so as to put what sense and construction they please upon them most agreeable to their profit, and till the Reverend Judges have otherwise deter∣mined, I hope it may not be unwarran∣table to understand the Statute according to the literal meaning thereof, and then all transgressions of the power granted by it seem illegal, as that Bishops should li∣cense without a previous examination by four Doctors, that the Vicar-generals if the Bishop be in any part of his Diocess, should exercise this power, and without the examination by Doctors, or that any Surrogates should attempt to license, that Authority being incommunicable by Pa∣tent: and lastly, that Certificates should be admitted, most of which probably may be counterfeited: Besides I shall leave those who are learned in the Law to de∣cide whether since the President and Cen∣sors of the Kings-Colledg of Physicians in London, by other Statutes of later date,

were appointed to examine and allow all Licentiates, unless such whom the Uni∣versities authorize to practice Physick, the power of the Bishops and their Vicar-generals granted before,* 1.3 is not void in Law; and although the Bishops and their Chancellors proceed on the License, yet whether such Licentiates without either the Universities or Colledges examination and approbation can plead their Authori∣ty, so as to acquit them from the penalty to be inflicted on illegal practisers?

To pass by other Points of great im∣portance in this Controversy, because I would not seem to intrench on the Pro∣fession of others; I shall endeavor to shew the inconveniencies which happen to the Faculty of Physick and Physicians, by rea∣son of this power of Licensing placed in the Bishops and their Vicar-generals: As for the Right Reverend Fathers in God the Bishops, if such a weight of business did not lie on their shoulders, much more con∣siderable, by which they may possibly be taken off from looking after this Trust, 'tis not to be doubted but that they would be very severe and just in this, as in other affairs, respecting a due encouragement of those who have been equally Members of the Universities as themselves, and there∣upon

grant out very few Licenses to pra∣ctise, especially in those places and Coun∣treys wherein are seated a sufficient num∣ber of learned and experienced Physicians, who having performed their Exercises are Graduates in Physick: Were the Bishops (I say) at leisure to regard this business, the true Professors of Physick could not possibly be more secure, or desire a better improvement of that power to the Honour of their Faculty; but their Vicar-gene∣rals are well pleased that their respective Bishops do at least permit them to License whom they think fit, and however there is some engagement on them not only to follow the directions of the Statute, but to be kind to the Faculty of Physick and its Professors; yet I wish that there is no cause of complaint, as if too many of these multiplied their Licentiates for their own more then the benefit of the publick, and that since his Majesty's most happy Resto∣ration, every Court-day hath not been a Physick Act, the Fees being incomparable respondents, as if the custom of Leiden had prevailed.

Accipiamus pecuniam, dimittamus A∣sinum.

His money's currant, and will pass, Though he who's licens'd is an Ass.

For on the same account by the Master of the Revels, are licensed the dancing horses and well-bred Bares.

I do not at present undertake to accuse any particular persons, as if they have al∣ready licens'd so many that there are left no more pretenders to physick unfurnished, but I should wonder if all manner of rude and illiterate Quacks, should at the charge of a Mark or some such inconsiderable rate, be as much capacitated to practise physick, as those who are Academical Physicians: Mantuan affords us a notable description of such Licentiates;

His etsi tenebras palpant,* 1.4 concessa po∣testas Excruciandi aegros hominesque impunè nocendi. Although the Art of Physick these don't skill, To them are granted Licenses to kill.

Had these Vicar-generals and their Sur∣rogates by Law an unlimited power to li∣cense all who are minded to practise phy∣sick,

yet should they exercise it in the ut∣most Latitude, the people might suffer as much by the provision of that Statute as they did before, there being little diffe∣rence between the bold attempts of those who then practised, and very many since no less unfit to undertake the cure of the Sick; indeed these last (pleading the Au∣thority of their Licenses) are without much scruple entertained, as if they had been examined by four Doctors of Physick, and in every respect were allowable accord∣ing to the Direction of the Statute, and thereupon may take more opportunities to injure the people then the others, who being well known never could obtain to be trusted as persons of sufficient abilities: certainly the whole Nation will be very sensible of a manifest grievance upon the account of numberless Licentiates to pra∣ctise Physick, for it would not serve the turn if each Licentiate should apply him∣self to the cure of a distinct Disease, as the Egyptians did heretofore in the like case, and that each Parish should employ one, but every person will have a distinct spy on his body, who being his Diaetical Genius must order every bit of meat and draught of drink, and after this manner be insla∣ved to live physically.

As it doth not seem probable that the Parliament did intend more, then that the people instead of ignorant Practisers who abused them, should be provided with learned and able men to help them in their sickness, so neither can we think that any prejudice to the Universities was thereby designed, but if notwithstanding that our Academies have sent forth a convenient number of true Sons of Art, to take care of all that concerns their practice through∣out the whole Nation, these Chancellors and their Surrogates should at such a rate license as if there were none to practise, unless such whom they pass, taking no notice of the Universities provision, what other conclusion can be deduced, then that such persons seek all opportunities to void the Priviledges of the Universities, to blast the hopes of many excellent Physicians, whose abilities for want of exercise con∣tract themselves and wither: and lastly, to disgrace the Profession of Physick by ad∣mitting such who as they cannot avoid the contradicting of their Instruments, so perswade the people that they do as much as the Art can perform. Physicians do not yet despair that both their Faculty and themselves may out-live the boisterous storms raised against them, because the

Lord Bishops sit at the Helm as most skil∣ful Pilates, who (as before) being chief∣ly intrusted, can direct the power of Li∣censing to the best advantage, either ta∣king it into their own hands, least they suf∣fer in the peoples esteem by reason of the mis-application of the Episcopal Seal, or resigning it up to the Universities, whose concern it is to attend such businesses: when Church affairs are compleatly setled, 'tis not to be doubted but that every Bi∣shop will take an account of all Licentiates within his Diocess, and inform himself of their Abilities for such an Imployment, by what means they obtained Instruments au∣thorizing them to practise Physick, and if the Conditions expressed in the Statute were punctually observed, calling in all Licenses illegally granted, and preventing any further abuses of that Parliamentary trust by any of their Officers: Physicians (I say) are so well perswaded of the Lord Bishops good inclination to uphold the Honour of their useful Profession, and, to prefer those who are skil'd in all kinds of Learning before others whose Mother-wit and Mother-tongue are their chiefest Accomplishments, that they cannot har∣bor in their breasts any thoughts unworthy of the religious care of Their answering e∣very

just expectation, and of expressing a particular respect and devotion towards Medicine of a divine extract, if we credit St. Augustine, saith he,* 1.5 Corporis medi∣cina si altius rerum originem repetas non invenitur unde ad homines manare potue∣rit, nisi à Deo, cui omnium rerum status salusque est tribuenda; h. e. If we strict∣ly enquire after the Original of Medicine, it will appear that God was the Author thereof, to whom every thing ows it con∣servation. Should the time in which that Statute was made, be compared with this present season, an argument might be drawn thence to shew, that although there was a necessity (in respect of the rareness of Academical Physicians) that some should be licensed who satisfied the dire∣ctions of the Statute, yet since that the Universities can as well furnish the Nation with Physicians as Divines, these Right Reverend Bishops will no more exert what Authority they may have to make such Physicians then Priests, who never had relation to the Universities, but spent their time either in following pass-times, in service, or a Mechanical Trade.

Notes

• * 1.1

  Ann. 3. Hen. 8.
• * 1.2

  Foelix esset artibus si soli artistae de illis judica∣rent, F••b.
• * 1.3

  Leges poste∣riores abro∣gant priores.
• * 1.4

  Mant.
• * 1.5

  Aug. lib. 3. de civitate Dei.