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 ...

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 assem∣bled: Forasmuch as the science and cunning of Phy∣sick and Surgery (to the perfect knowledge whereof be requisite both great learning and ripe experience) is daily within this Realm exercised by a great mul∣titude of ignorant persons, of whom the greater part * 1.1 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

Smiths, Weavers, and Women boldly and accu∣stomably take upon them great Cures, and things of great difficulty; in the which they partly use Sor∣cery 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, da∣mage, 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 with∣in * 1.2 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 be∣ing, calling to him or them four Doctors of Physick, and for Surgery, other expert persons in that facul∣ty; 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 forfei∣ture for every month that they doe occupy as Physi∣cians 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, * 1.3 take upon him to exercise and occupy as a Physician or Surgeon, in any Diocess, within this Realm, out if

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 dis∣cretion shall think convenient, and giving their Let∣ters Testimonials under their Seal to him that they shall so approve, upon like pain to them that occu∣py 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 * 1.4 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 exer∣cise Surgery. Rast. Pla. fol. 426.

5 H. VIII. C. 6.

An Act concerning Surgeons to be dischar∣ged 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 Bo∣roughs within this Realm, or elsewhere, for the

continual service and attendance that they daily and nightly at all hours and times give to the King's * 1.5 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 ne∣ver 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 Lon∣don, 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, * 1.6 nor other Office, whereby they should use or occupy any Armour, or defenceable géer of War, where∣through 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 up∣on 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

Parliament assembled, and by authority of the same, that from henceforth your said Suppliants be discharged, and not chargeable of Constableship, Watch, and of * 1.7 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 ex∣ercise 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} West∣monaster' & ibidem tent' die Veneris ultimo die Julii Anno ejusdem Regis quinto decimo & in Cur' Can∣cellar' nostre Irrotulat' ac ibidem de Recordo remanen' in hec verba. Parliamen' inchoatum & tentum in Ci∣vitate Londonniarum quinto decimo die Aprilis An∣no Regni metuendissimi ac potentissimi Regis Henrici

Octavi fidei defensoris quarto decimo & deinde proro∣gatum usque Westmonaster' & ibidem tentum die Ve∣neris ultimo die Julii Anno ejusdem Regis quinto de∣cimo.

In the most humble wise sheweth unto your High∣ness 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 with∣in 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 no∣ble * 1.8 Reigne for the comon Wealth of this your realme in due exercising and practising of the facultie of Phi∣sicke and the good ministration of Medicyns to be had have incorporate and made of us and of our com∣panye 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 Co∣monaltie to oversee rule and governe the said fellow∣shipp and Comonaltie and all men of the same facul∣tie 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 li∣tere pervenerint Salutem. Cum Regii Officii * 1.9 nomi∣navimus arbitremur dicionis nostre hominum felicita∣ti omni ratione consulere Id autem vel in primis fore si improborum conatibus tempestive occurramus

Apprime necessarium duximus improborum quoque hominum qui medicinam magis avaricie sue causa quam ullius bone consciencie fiducia profitebuntur un∣de 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 Medico∣rum nostrorum Nicholai Halsewell Johannis Francisci & Roberti Yaxley medicorum ac precipue Reverendis∣simi 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 Collegi∣um perpetuum doctorum & gravium virorum qui * 1.10 * 1.11 Medicina in urbe nostra Londino & Suburbiis in∣traque septem Millia passuum ab ea Urbe quaqua∣versus publice exerceant institui Volumus atque impera∣mus Quibus tum sui honoris tum publice utilitatis no∣mine cure ut speramus erit maliciosorum quorum memi∣nimus Insciciam temeritatem{que} tam exemplo gravita∣te{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 Fernan∣do de Victoria Medicis nostris Nicho' Halsewell Johan∣ni * 1.12 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 * 1.13 expertum in Presidentem ejusdem Collegii sive Comuni∣tatis

ad supervidend' recognoscend' & gubernand' pro illo anno Collegium sive Comunitatem predict' & om∣nes homines ejusdem facultatis & negocia eorundem Et quod iidem Presidens Collegium sive Comunitas ha∣beant * 1.14 successionem perpetuam & comune sigillum ne∣gociis dict' Comunitatis & Presidentis imperpetuum serviturum Et quod ipsi & successores sui imperpe∣tuum sint Persone habiles & capaces ad perquirend' & possidend' in feodo & perpetuitate Terras & Tene∣menta Redditus & alias possessiones quascunque. Con∣cessimus etiam eis & successoribus suis pro nobis & he∣redibus nostris quod ipsi & Successores sui possint per∣quirere 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 * 1.15 quibuscunque Judicibus in Cur' & actionibus quibuscun∣que Et quod predict' Presidens Collegium sive Comu∣nitas & eorum Successores Congregationes licitas & honestas de seipsis ac Statuta & Ordinationes pro salu∣bri * 1.16 gubernatione supervisu & correctione Collegii seu Comunitatis predict' & omnium hominum eandem fa∣cultatem in dicta Civitate seu per septem Miliaria in cir∣cuitu ejusdem Civitatis exercen' secundum necessitatis exigenciam quocies & quando opus fuerit facere vale∣ant licite & impune sine impedimento nostr' hered' vel successorum nostrorum Justic. Eschaetorum Vicecomitum & aliorum Ballivorum vel Ministrorum nostrorum here∣dum vel successorum nostrorum quorumcunque. Conces∣simus * 1.17 etiam eisdem Presidenti & Collegio seu Comuni∣tati & successoribus suis quod nemo in dicta Civitate aut per septem Miliaria in circuitu ejusdem exerceat

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 no∣stris & dimid' dict' Presidenti & Collegio applicand'. Preterea Volumus & concedimus pro nobis & Successo∣ribus nostris quantum in nobis est quod per Presidentem & Collegium predicte Comunitatis pro tempore existen' & eorum Successores imperpetuum quatuor singulis * 1.18 annis per ipsos eligantur qui habeant supervisum & scru∣tinium correctionem & gubernationem omnium & sin∣gul' dict' Civitatis Medicorum utentium facultat' medi∣cine in eadem Civitate ac aliorum medicorum forinse∣corum quorumcunque facultatem illam medicine ali∣quo modo frequentantium & utentium infra eandem civitatem & Suburbia ejusdem sive intra septem Milia∣ria in circuitu ejusdem Civitatis ac punicionem eorun∣dem pro delictis suis in non bene exequend' faciend' & utend' illa Necnon supervisum & scrutinium omni∣mod' Medicinarum & * 1.19 eorum recept' per dictos Medi∣cos seu aliquem eorum hujusmodi ligeis nostris pro eo∣rum 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 amer∣ciamenta & 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 ali∣quis de Collegio predicto Medicorum nec successores sui nec eorum aliquis exercens facultatem illam quoquo modo

in futur' infra Civitatem nostram predictam & subur∣bia ejusdem seu alibi summoneantur aut ponantur neque eorum aliquis summoneatur aut ponatur in aliquibus Assisis Juratis Inquestis Inquisitionibus Attinctis & aliis * 1.20 recogn' infra dict' Civitat' & suburbia ejusdem imposte∣rum coram Major' & Vicecomitibus seu Coronatoribus dicte Civitatis nostre pro tempore existen' capiend' aut per aliquem Officiarium seu Ministrum suum vel Offi∣ciarios sive Ministros suos summonend' licet iidem Ju∣rati 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 & eo∣rum quilibet dict' facultatem exercentes versus nos he∣redes & Successores nostros ac versus Majorem & Vice∣comites 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 pre∣missis seu sigillacione presentium nobis faciend' solvend' vel aliqualiter reddend' Aliquo Statuto Ordinacione vel Actu in contrarium ante hec tempora fact' edit' ordi∣nat' seu provis' in aliquo non obstan'. In cujus rei Te∣stimonium 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 Corpo∣ration is meritorious and very good for the Comon-wealth of this your Realme It is therefore expedient

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 authorise∣ing * 1.21 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 Como∣naltie and fellowshipp of the facultie of Physyke afore∣said 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 Bo∣die corporate and their Successors for ever in as am∣ple and large manner as may be taken thought and construed by the same. And that it please your High∣nes 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 Prin∣cipalles * 1.22 and first named of the said Comonaltie and fellowshipp chosyng to them twoo moo of the said Co∣monaltie from hensforward be called and clepyd Elec∣tys 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

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 ap∣proved.

And where that in Dyocesys of England out of London it is not light to fynde alway men hable to sufficiaunt∣ly examyne after the Statute such as shall be ad∣mitted 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 * 1.23 examined at London by the said President and three of the said Electys And to have from the said Presi∣dent or Electys Letters Testimonialx of theire approve∣ing 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 Exempli∣fication.

Die Mercurii vicesimo nono die Mensis Julii Cente∣simo decimo sexto die Parliamenti Peste indies magis & magis in Urbe Londino ac presertim circa Palacium Domini Regis de Bridewell invalescente Reverendissi∣mus dominus Legatus Cancellarius exhibuit ostendidit * 1.24 ceteris dominis Spiritualibus & Temporalibus quandam Comissionem Domini Regis magno figillo suo sigillatam Cujus tenor sequitur in hec verba.

HENRICUS Octavus Dei gratia Anglie & Fran∣cie Rex fidei defensor & Dominus Hibernie Reveren∣dissimo in Christo Patri intimoque ac dilectissimo Consi∣liario suo domino Thome miseracione divina tituli Sancte Cecilie Sacrosancte Romane Ecclesie Presbitero Cardi∣nali Eborum Archiepiscopo Angl' Primati Apl'ice Sedis etiam de latere Legato Cancellar' suo salutem. Sciatis quod propter infeccionem aeris Pestiferi ubique per Ci∣vitatem nostram London invalescentem de avisamento & assensu Consilii nostri assignavimus vos Ac vobis te∣nore Presentium committimus potestatem & authori∣tatem Specialem ad presens Parliamentum nostrum us∣que Westmonaster' ad diem Veneris proximum futur' Prorogand' & continuand' ibidemque tenend'. Dantes ulterius universis & singulis tam Archiepiscopis Episco∣pis Abbatibus Prioribus Ducibus Comitibus Vicecomi∣tibus 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 Paten∣tes. Teste meipso apud Westmonaster' vicesimo nono die Julii anno regni nostri Quintodecimo.

Quaquidem Comissione publice per Clericum Par∣liamenti 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 Do∣mum Comunem intimaturi eis de domo Comuni dic∣tam

Prorogacionem Continuacionem & adjornacio∣nem lecturique coram eis dictam Comissionem ad in∣tencionem quod ipsi Comunes diem prefixum apud Westmonaster' observent prout decet. Die Jovis tertio∣decimo die Mensis Augusti CXXX die Parliamenti ad horam * 1.25 firme sextam post Meridiem Domino Rege in Solio Majestatis sedente in Camera vulgariter dicta Camera Parliamentorum infra Palacium suum West∣monaster' * 1.26 assedentibus dominis tam Spiritualibus * 1.27 ha∣bitibus sive Robis Parliamentalibus decoratis Presente etiam de domo Comuni sive inferiori toto populo & plebe Thomas Moore Miles eorum Prolocutor si∣lencio prius indict' graviter eloquent' & magno cum honoris & humilitatis ac * 1.28 modestum honestament' Re∣giam affatus est Majestatem eandem summis & me∣rit' quidem extollens laudibus dotes graves nature & fortune * 1.29 eedem sue Majestati à Deo Maximo conces∣sas copiosissime prosequebatur magnam in Prudencia excellenciam promptam fortitudinis agilitat' mirum * 1.30 temporancie moderamen divinum Justicie ardorem in∣natam Clemencie erga subditos benignitatem Subdito∣rum erga eandem suam Majestatem amorem obedien∣ciam ac debitam observanciam multa per exempla declarabat. In cujus rei comprobacionem quoddam scriptum Indentatum concessionem cujusdam maximi subsidii in se continens Regie Majestati optulit Ar∣gumentum certe * 1.31 evedentissimum summe devocionis bonorum Regem Subditorum. Cui tam * 1.32 excel∣lente oracioni † 1.33 finem * 1.34 tam imposito dictus Reve∣rendissimus dominus Legatus Cancellarius Domino Re∣ge 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

recitari & publicari jussit

Quibus ex ordine per ini∣cia recitatis & lectis & singulis per Clericum Parlia∣menti responcione secundum annotaciones Regie voluntatis declarativas à dorso scriptas facta dictus Reverendissimus dominus Legatus Cancellarius ex∣hortando & admonendo nomine Regis omnes Domi∣nos ac Comunes supradictos ut diligent' Ordinat' & Statuta pro bono publico in hoc Parliamento obser∣varent & ab aliis observari procurarent

Post graciar' ex parte Domini Regis accionem dict' Dominis & Co∣munibus pro eorum diligenti & laboriosa perseverantia circa expedicionem premissorum Parliamentum predic∣tum nomine Regio duxit finiend' & dissolvend' & illud realit' finivit * 1.35 perit & dissolvit concedens omnibus liberam ad propria * 1.36 prodendi facultatem Anno Regni supradicti metuendissimi ac potentissimi domini nostri Regis Quintodecimo.

Nos autem tenorem Premissorum predictorum ad re∣quisicionem Georgii Ent Militis in Medicinis Doctoris ac Presidentis dicti Collegii Medicorum London duxi∣mus exemplificand' per presentes. In cujus rei testi∣monium has literas nostras fieri fecimus Patentes. Te∣ste meipso apud Westmonaster' vicesimo septimo die Februarii Anno regni nostri vicesimo quinto.

Examinat' per nos Will'm Childe & S. Clerk in Cancellaria Magi∣stror' 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 bot∣tom 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 Fel∣lows * 1.37 of the same, that whereas divers of them ma∣ny 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 with∣in 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 Comminal∣ty and fellowship for the time being, and the Com∣mons and Fellows of the same, and every Fellow

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 * 1.38 and Ward in your said City of London, or the sub∣urbs 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 be∣ing, 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 e∣nacted, ordained and established, for the common wealth and surety of your loving subjects of this your Realm, in and for the administration of medi∣cines 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 * 1.39 Fellows, of the best learned, wisest and most discréet, such as they shall think convenient, and have experi∣ence 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,

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 Apo∣thecaries, or any of them have, or at any time here∣after 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 Apothe∣caries 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 * 1.40 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 * 1.41 protection shall be allowed: And if the said four per∣sons 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 * 1.42 make the said search and view once in the year at such time as they shall think most convenient by their dis∣cretions, having no lawfull impediment by sickness

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 Com∣pany or Fellowship of Physicians, being able, chosen * 1.43 and admitted by the said President and Fellowship of Physicians, may from time to time, as well with∣in the City of London, as elsewhere within this Realm, practise and exercise the said science of Phy∣sick in all and every his members and parts; any Act, Statute or Provision made to the contrary notwith∣standing.

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 neces∣sary 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,

good and necessary Acts be already made and provi∣ded: 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 * 1.44 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 bo∣dily health, their limbs and lives: And forasmuch as within the said City of London there be now two se∣veral and distinct Companies of Surgeons, occupy∣ing and exercising the said science and faculty of Sur∣gery, the one Company being commonly called the Barbers of London, and the other Company called the Surgeons of London; which Company of Bar∣bers 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 * 1.45 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

thereof made, amongst other things in the same con∣tained more at large may appear; and the other Company called the Surgeons, be not incorporate, nor have any manner Corporation: which two seve∣ral and distinct Companies of Surgeons were neces∣sary to be united and made one body incorporate, to the intent that by their union and often assembly to∣gether, * 1.46 the good and due order, exercise and know∣ledge in the said science or faculty of Surgery, should be as well in speculation as in practice, both to them∣selves, and all other their said servants and Appren∣tices, now and hereafter to be brought up under them, and by their learning, and diligent and ripe informa∣tions, 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 conti∣nue 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 So∣vereign Lord, and by the Lords spiritual and tempo∣ral, 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 Sur∣geons, that is to say both the Barbers and the Sur∣geons, 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 en∣tire * 1.47 and whole Body Corporate, and one Comminal∣ty perpetual which at all times hereafter shall be cal∣led 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:

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 Suc∣cessors for ever, all such Lands and Tenements, and other Hereditaments whatsoever, which the said Com∣pany 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 Pre∣decessors 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 to∣gether 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

all persons of the said Company now incorporate by this present Act, and their Successors that shall be lawfully admitted and approved to occupy Surge∣ry, after the form of the Statute in that case ordai∣ned * 1.48 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 Bar∣bers of London hath béen used and accustomed, ac∣cording * 1.49 to the good and politick Rules and Ordinan∣ces by them made and approved by the Lords Chan∣cellor, 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 afore∣said, That the said Masters or Governours of the Mystery and Comminalty of Barbers, and Surge∣ons 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 contra∣diction, * 1.50 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 High∣ness, 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 know∣ledge, instruction, insight, learning and experience in the said Science or faculty of Surgery: Saving

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 com∣prised to the contrary hereof in any wise notwith∣standing.

3. And forasmuch as all persons using of the My∣stery 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 peril∣lous for infecting the King's liege People resorting to their shops and houses, there being washed or sha∣ven: Wherefore it is now enacted, ordained and provided by the Authority aforesaid, That no man∣ner * 1.51 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 Sur∣gery

within the circuit aforesaid, as long as he shall * 1.52 fortune to use the said Mystery or Craft of Sur∣gery, 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 Sur∣gery for the time being, as well Fréemen as Fo∣reigns, Aliens and Strangers within the said City of London, the Suburbs thereof, and one mile com∣pass 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 * 1.53 shall fortune to dwell, that all the King's liege peo∣ple 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 afore∣said, That no manner of person after the said feast * 1.54 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 * 1.55 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

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 * 1.56 five pounds, the one moiety thereof to the King our Sovereign Lord, and the other moiety to any per∣son 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 predeces∣sors have béen accustomed to pay, within the said Ci∣ty of London; This Act nor any thing therein con∣tained to the contrary hereof in any wise notwith∣standing.

7. Provided alway, and be it enacted by Authority aforesaid, That it shall be lawfull to any of the * 1.57 King's subjects, not being Barber or Surgeon, to retain, have and kéep in his house, as his ser∣vant, any person being a Barber or Surgeon, which shall and may use and exercise those arts and facul∣ties of Barbery or Surgery or either of them, in his Master's house or elsewhere by his Master's li∣cence or commandment; Any thing in this Act a∣bove-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 West∣minster, in the third yeare of the King's * 1.58 most gracious Reign, amongst other things, for the avoiding of Sorceries, Witchcrafts and other in∣conveniencies, it was enacted, That no person with∣in the City of London, nor within seven miles of the same, should take upon him to exercise and oc∣cupy 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 Compa∣ny * 1.59 and Fellowship of Surgeons of London, mind∣ing onely their owne lucres, and nothing the profit or ease of the diseased or Patient, have sued, trou∣bled and vexed divers honest persons, as well men as women, whom God hath endued with the know∣ledge of the nature, kind and operation of certain Herbs, Roots and Waters, and the using and mi∣nistring of them, to such as béen pained with cu∣stomable 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 o∣ther like diseases: And yet the said persons have not taken any thing for their pains or cunning, but have

ministred the same to poor people onely for neighbour∣hood 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 re∣ward then the Cure extendeth unto; for in case they would minister their cunning unto sore people unre∣warded, 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 * 1.60 time from henceforth it shall be lawfull to every per∣son 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 specu∣lation 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

cunning, experience and knowledge in any of the dis∣eases, sores and maladies beforesaid, and all other like to the same, or drinks for the Stone and Stran∣gury, 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 notwithstan∣ding.

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 proro∣gationem apud Westm' vicesimo quarto die Octobris Anno Regni sui primo & ibidem continuat' usque in sextum diem Decembris Anno predict' quo die dissolu∣tum erat in Cur' Cancellar' nostre irrotulat' ac ibidem de Recordo remanen' in hec verba. Exhibita est Re∣gie Majestati in Parliamento predicto Billa quedam formam Actus in se continens.

Where in the Parliament holden at London the fif∣téenth 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 rati∣fied and Confirmed by the same Parliament: For the consideration thereof Be it enacted by authoritie of this present Parliament that the said Statute * 1.61 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 not∣withstanding. And for the better reformation of di∣vers Enormities happening to the Common Welth by the evil using and undue administration of Phi∣sicke 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 Lon∣don 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 exa∣mine correct and punishe all Offendours and Trans∣gressours 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 Ar∣ticle

or Clause conteyned in the said Graunte or Acte * 1.62 to any Ward Gayle or Pryson within the same Cit∣tie 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 pro∣per Costs and Charges of the said person or per∣sons so committed without Baile or Maineprise un∣till such time as such offender or offenders or disobe∣dientes 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 dou∣ble 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 * 1.63 authorise as aforesaid So that the same fine and a∣merciament 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 moi∣tie 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 of∣fending In whiche suite no Essoigne Wager of

Law nor protection shall be allowed ne admitted for the defendant. And further be it enacted by th' au∣thoritie aforesaid for the better execution of the searche and view of Poticarye Wares Drugges and * 1.64 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 Presi∣dent 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 Sta∣tute to the contrary hereof notwithstanding. And every suche Person or Persons as will or shall re∣sist * 1.65 suche searche shall forfeite for every such resis∣tance Tenne Poundes the same Penaltie to be re∣covered in fourme aforesaid without any of the de∣layes aforesaid to be had in suite thereof.

And further be it enacted That all Iustices * 1.66 Maiors Shrieffes Bailiefes Constables and other Ministers and Officers within the Cittie and pre∣cinct abovewritten upon request to them made shall helpe aide and assist the President of the said Col∣ledge and all persons by them from time to time au∣thorised for the due execution of the said Acts or Sta∣tutes upon paine for not giving of such aide helpe and assistance to ronne in contempte of the Quéenes Maje∣stie her Heires and Successoures.

Cui quidem Bille perlecte & ad plenum intellecte per dictam dominam Reginam ex authoritate Parlia∣menti 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 W^m Childe & Miles Cooke in Cancellaria Magistrorum duos.

Q. Elizabeth's Charter for Anatomies.

ELIZABETH dei gratia Anglie Francie & Hiber∣nie 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 san∣citas & stabilitas Ordinationes saluti subditorum suo∣rum summopere invigilans per Litteras suas Patentes Collegium perpetuum quorundam gravium virorum medicorum qui medicinam in Urbe sua Londino &

Suburbiis ejusdem intraque septem miliaria ab ea Urbe quaqua versus publice exercerent instituerit & incor∣poraverit eos in Corpus corporatum & Politicum per nomen President' * 1.67 Collegii seu Communitat' facultatis medicine Londini & concesserit eidem Presidenti * 1.68 Col∣legii sive Communitatis predicte & successoribus suis diversas libertates & privilegia QUAS Litteras Pa∣tentes 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 in∣stitutum dicti Patris nostri quandoquidem in rei pub∣lice commoditatem cessit manifestam & in majorem indies cessurum verosimile sit si nos quod rem medicam profitentibus maxime necessarium est concesserimus predictis Presidenti * 1.69 Collegii sive Communitati pre∣dicte & successoribus suis imperpetuum quotannis que∣dam humana corpora ad anatomizandum ut informa∣mur Sciatis quod nos non modo preclaram institu∣tionem dicti Patris nostri merito recolentes verum eci∣am regii officii nostri munus arbitrantes regiminis no∣stri Subditorum incolumitati saluti & securitati quan∣tum in nobis est providere de gratia nostra speciali ac ex certa sciencia & mero motu nostris concessimus ac per presentes pro nobis heredibus & successoribus no∣stris concedimus prefato Presidenti Collegii sive * 1.70 Com∣munitati facultatis medicine Londini predict' & suc∣cessoribus suis sive eorum assignatis quod habeant & accipiant annuatim Temporibus futuris imperpetuum una vice vel diversis Anni vicibus ad discrecionem vo∣luntatem & libertatem predict' Presidentis pro tem∣pore existen' & successorum suorum Unum duo tria vel quatuor corpora humana ad discindend' & ana∣tomizand'

quod jure publico hujus regni furti homicidii vel cujuscum{que} felonie condemnatum & mortuum fuerit vel que jure publico hujus regni furti homicidii vel cu∣juscum{que} felonie condemnat' & mort' fuerint infra Comi∣tatum 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 Officiario∣rum aut Subditorum nostrorum quorumcunque sive eo∣rum alicujus ET QUOD licebit eidem Presidenti Collegii & * 1.71 Communitati predict' & successoribus suis & aliis quibuscumque eorum assignatis medicine pro∣fessoribus 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 sa∣lutem ligeorum nostrorum sine contradictione alicujus ET hoc absque ulla pecuniarum summa vel ullis pecu∣niarum 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 * 1.72 Collegii sive Commu∣nitati 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 cau∣sa

vel materia quacumque in aliquo non obstante. IN CUJUS rei testimonium has litteras nostras fieri fecimus Patentes. TESTE me ipsa apud Westmona∣sterium vicesimo quarto die Februarii Anno regni no∣stri 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 Scot∣land * 1.73 France and Ireland defendor of the faith, &c. To all to whom these Presents shall come greeting. WHEREAS our most noble and renowned Prede∣cessor 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 go∣verned 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 prac∣tisers those that were learned grave and profound

practisers in that facultie should receive more bounti∣full reward and alsoe the industrious Students of that profession would be the better encouraged in their stu∣dies and endeavours.

For these and many other weightie motives causes and considerations our Royall and Princely Prede∣cessor * 1.74 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 In∣corporation of Physicians in the Citie and Suburbes of London and for seaven miles every waye in di∣stance from the same to be remaine and have existence for ever. And by the same Letters Patents our fore∣said 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 Phy∣sick 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 Commi∣nalty to be President of the said Colledge Corporation and Comminaltie. And that the said President soe elected and made and the said Colledge and Commi∣naltie should have perpetuall succession and a Com∣mon Seal for the behoofe and benefitt of the said Pre∣sident Colledge and Comminaltie and their Succes∣sors for ever.

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 mention∣ed unskilfull and illiterate Practisers in the said facul∣tie 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 * 1.75 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 appro∣ved graunted ratified and confirmed and cleerely au∣thorized and admitted by the same good lawfull and availeable to the said Bodie corporate and their Suc∣cessors 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 Col∣ledge and Corporation of Physicians as afore∣said.

And further by other severall Acts of Parliament divers and sundry other priviledges liberties ability power and authoritie are and were established ordayn∣ed * 1.76 given and graunted unto the said President Col∣ledge and Corporation of Physicians and their Suc∣cessors As by the said severall Acts of Parliament thereof made more fully and at large it doth and

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 re∣formed doe abound and increase to the apparent da∣mage of us and our loving Subjects of this our Realm of England by and through the unskilfulness fraud and deceipt of Physicians Apothecaries Drug∣gists 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 dis∣ease.

KNOW ye therefore that we gratiously affecting soe pious and charitable a work and intending hereby a * 1.77 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 re∣pressing 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 gi∣ven graunted ratifyed approved allowed and confirm∣ed and by these presents doe for us our heires and successors give graunt ratifie approve allowe and con∣firme * 1.78 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

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 Col∣ledge 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 ex∣ecutions abilitye power authoritie and other things as by the said Letters Patents or by any Acts of Parlia∣ment 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 con∣teyned shalbe adjudged taken and construed most be∣nignely and favourably to and for the best benefitt a∣vayle 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 Phy∣sick within the foresaid Citie of London or within sea∣ven miles in Circuit thereof unless the said person should first be admitted to doe the same by the fore∣said President and Colledge or Comminaltie or their Successors by Letters Testimoniall of the said Pre∣sident and Colledge or Comminaltie sealed with their Common Seal upon paine of forfeyting of five pounds for every moneth wherein the said person

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 wis∣dome deepely considering how needfull it is and will bee that all and singular person and persons practi∣sing or exercising the said facultie of Physick contra∣rie to the intent and true meaning of the foresaid Letters Patents shalbe duely and condignely punished And for the better encouragement of the foresaid Pre∣sident and Colledge or Comminaltie and their Suc∣cessors to sue for the said penaltie of five pounds spe∣cified and mentioned by the said Letters Patents of our speciall grace certaine knowledge and meere mo∣tion 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 authori∣tie * 1.79 in the name of us our heires and successors or other∣wise 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 ac∣cording 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

or in these presents conteyned other then the recogni∣zance hereafter expressed or by reason or meanes of any Offence or Misdemeanor whatsoever committed perpetrated or done or hereafter to be committed perpe∣trated 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 * 1.80 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 be∣hoofe 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 re∣served 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 notwithstand∣ing.

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 Commi∣naltie and their Successors That the four persons to be annually chosen by the said President and Col∣ledge 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

lawfull authoritie at all time and times hereafter when and as often as to the said four Censors or any three * 1.81 of them shall seeme requisite and convenient to exa∣mine survey governe correct and punishe all and sin∣gular Physitians and practisers in the facultie of Phy∣sick Apothecaries Druggists Distillers and Sellers of waters or oyses Preparers of Chymical Medi∣cynes 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 Pre∣parer 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 com∣pounded at or in any place or places within the fore∣said Citie and Suburbs of London or within seaven * 1.82 miles of the same by fines amerciaments and Impri∣sonments and by other lawfull wayes and meanes ac∣cording as the nature and qualitie of his or their of∣fence or offences in the Premises shall deserve or re∣quire.

And we doe further of our like especiall grace cer∣taine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid Pre∣sident and Colledge or Comminaltie and their Suc∣cessors and doe by these Presents declare oux will and * 1.83 pleasure to be That the said four Censors of the fore∣said 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

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 prac∣tise 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 be∣half 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 law∣fully 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 an∣swere or to be examined as aforesaid doe not at any one time exceed the summe of fortie shillings of Cur∣rant 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 ap∣pointed as aforesaid and it shall then and there ap∣peare

unto the said Censors that such person or per∣sons 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 Sub∣urbes of London or within seaven miles thereof with∣out admission and licence first had and obteyned of and from the said President and Colledge or Comminal∣tie or their Successors by Letters testimoniall under their Common Seale according to the meaning of the Letters Patents before mentioned Then it shall * 1.84 and maie be lawfull to and for the said four Cen∣sors 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 be∣halfe 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 un∣der 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 im∣posed 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 ad∣ministred or prescribed any noysome unwholsome or unfitt Medycine or Physick unto any person or per∣sons within the lymitts aforesaid Then the said Cen∣sors 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

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-pay∣ment of such fine for which it shall be lawfull to de∣teyne 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 discover∣ed and may be for their said misdemeanors and offen∣ces 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 Commi∣naltie 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 * 1.85 they shall knowe or think meete being an Apothecary Surgeon Druggist or imployed in or about mini∣string 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 mis∣demeanors or offences upon reasonable summons and warning to appeare and come before the said Presi∣dent and Colledge or Comminaltie and their Sur∣cessors 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

be produced to testifie as aforesaid an Oath or Oathes and him and them to sweare upon the Holy Evange∣lists to testify and declare the truth of his and their knowledge concerning the said offendors in the pre∣misses 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 per∣sons * 1.86 as shalbe thought fitt as aforesaid to declare and testifie concerning the said offences upon reasonable summons and warning given as aforesaid shall wil∣fully make default and shall not accordingly appeare before the said President and Colledge or Comminal∣tie 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 Commi∣naltie 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 mo∣ney.

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

That the said four Censors for the time being or any * 1.87 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 Worke∣house 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 pre∣tended to be fitt apt or used for medicine within the foresaid Citie or Suburbes of London or within sea∣ven miles thereof And then and there to view search trye examyne and see the said medycines wares druggs * 1.88 waters oyles medicines and stuffs of such Apotheca∣ries Druggists Distillers preparers or sellers of wa∣ters oyles or medicines or other person or persons as aforesaid and to examyne them upon oath or without * 1.89 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 de∣stroyed 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

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 * 1.90 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 pre∣parers 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 Drug∣gist 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 medi∣cines or other things whatsoever apt fitt or used for medicine either simple or compound within the fore∣said Citie and Suburbes of London or within seaven miles from the same. And if any such person or per∣sons soe summoned or warned as aforesaid upon rea∣sonable 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 * 1.91 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

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 de∣fective 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 ap∣pearing as aforesaid then or of late did make or com∣pound 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 * 1.92 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 * 1.93 and Colledge or Comminaltie and their Successors all and singular the fines and amerciaments penal∣tyes

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 mis∣demeanor offence contempt or default whatsoever be∣fore in these presents declared mentioned or specified And that the said President and Colledge or Commi∣ualtie and their Successors shall and maie by the name of the President and Colledge of the facultie of Phy∣sick within the Citie of London at all times hereaf∣ter and from time to time in any our Courts of Re∣cord 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 there∣of 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 Com∣minaltie and their Successors without the lett distur∣bance 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 ac∣count or recompence thereof to us our heires or suc∣cessors. 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.

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 Col∣ledge or Comminaltie and their Successors That it shall and may be lawfull to and for them or the great∣er parte of them to have appoint retaine and enjoy a certaine Hall or Councill-howse within our Citie * 1.94 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 Convo∣cation * 1.95 of the said President and Colledge or Commi∣naltie and their Successors to the number of sixe per∣sons 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 Presi∣dent and Colledge or Comminaltie and their Suc∣cessors 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 Pre∣sident and Colledge or Comminaltie and their Suc∣cessors That the said President and Colledge or Com∣minaltie and their Successors to the number of Sixe persons or more whereof the said President for the

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 con∣stitute make and sett downe in writing such wholsome and reasonable Acts Ordinances Qrders Decrees Ar∣ticles * 1.96 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 accord∣ing 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 before∣named 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 in∣flicted 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 re∣ceive 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

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 penal∣tyes in the same to be lymited and conteyned Soe as the same Acts Statutes and Ordinances Impri∣sonments 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 Pre∣sident and Colledge or Comminaltie and their Suc∣cessors 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 * 1.97 time be attendant on the said President and Colledge or Comminaltie and their Successors at their Assem∣blies Courts Congregations or meetings and shall sett downe in writinge register and enter into a booke all such Rules Orders Statutes Decrees Acts Ordi∣nances 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 Col∣ledge or Comminaltie and their Successors or the greater parte of them whereof the President to be

one The said Register first taking his corporall oath upon the Holy Evangelists before the said President * 1.98 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 * 1.99 said President and Colledge or Comminaltie and their Successors or the greater parte of them shalbe thought fitt and necessarie for their service and bene∣fitt. Vnto all and every which said Officers or Mi∣nisters 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 rea∣sonable and just cause to remove expell and put out * 1.100 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 Col∣ledge or Comminaltie and their Successors or the

greater parte of them shall seeme meete and con∣venient.

AND further Wee doe for us our heires and suc∣cessors 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 Presi∣dent 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 of∣fences 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 * 1.101 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 be∣half 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 recogni∣zance with such condition as aforesaid.

And Wee doe further of our especiall favour cer∣taine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid Pre∣sident and Colledge or Comminaltie and their Suc∣cessors speciall licence free and lawfull libertie power and authoritie to acquire purchase receive and take * 1.102 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

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 Tene∣ments 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 not∣withstanding.

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 Commi∣naltie shall from time to time be wholly and absolute∣ly freed exempted and discharged of and from pro∣viding and bearing of any Armour or other munition * 1.103 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 suc∣cessors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors and by these presents declare and manifest our plea∣sure for ever to bee That the said President and Col∣ledge or Comminaltie and their Successors shall and may have take receive use exercise and enjoy all and singular the guifts graunts liberties priviledges im∣munities freedomes benefitts advantages profitts commodities power abilitye and authoritye herein be∣fore

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 what∣soever.

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 Com∣minaltie and their Successors by these presents That at the next Parliament or Session of Par∣liament * 1.104 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 Peti∣tion by the said President and Colledge or Com∣minaltie 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 immu∣nities and other matters and things in these pre∣sents to them given graunted and confirmed or intended to be to them given graunted or confirmed according to our gratious intent and meaning heere∣in before specified and expressed.

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 authori∣ties powers priviledges and immunities and other things therein conteyned shalbe good firme avayle∣able 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 constru∣ed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President and Col∣ledge 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 re∣spect 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 West∣minster * 1.105 at the feasts of the Annunciation of the bles∣sed Virgin Marie and St. Michaell the Archangell by even and equall portions Any thing herein con∣teyned to the contrary notwithstanding Although expresse mention of the true yearely value or cer∣tainty of the premises or any of them or of any o∣ther guifts or graunts by us or any of our Proge∣nitors

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 Re∣gis nostri Caroli, viz. inter Record' de Termi∣no 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 Eng∣land 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 them∣selves 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 like∣wise 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 * 1.106 eighth by his Letters Patents bearing date at West∣minster

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 Col∣ledge Comonaltie or Incorporation of Physitians in the Cittie and Suburbs of London and for sea∣ven 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 Pre∣decessor did further give and graunt unto John Cham∣bre 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 * 1.107 of the said Colledge or Comonaltie to bee Presi∣dent of the said Colledge Corporation and Como∣naltie And that the same President soe elected and made and the said Colledge and Comonaltie should * 1.108 have perpetuall succession and a Common Seale for the behoofe and benefitt of the said President Col∣ledge 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 * 1.109 advantage and comodity of the aforesaid President Colledge and Comonaltie and theire Successors but

alsoe for the more certaine and easier discovery speedy restraint and certaine repressing of the before menti∣oned unskilfull and illiterate practizers in the facultie of Physick aforesaid as by the same Letters Patents * 1.110 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 * 1.111 made in the fowerteenth yeare of the Raigne of our said noble Predecessor King Henry the Eighth ap∣proved 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 * 1.112 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 fur∣ther by severall other Acts of Parliament divers and sundry other priviledges liberties ability power and * 1.113 authoritie are and were afterwards established or∣dayned given and graunted to the said President Col∣ledge and Corporation of Physitians and their Suc∣cessors As by the same severall Acts of Parliament thereof made more fully and at large alsoe doth and may appeare. AND whereas nevertheless our Roy∣all * 1.114 Grandfather James late King of England of ever blessed memory out of his great wisdome and cir∣cumspection 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 unskill∣fullness

fraud and deceipt of Physitians Apothecaries Druggists and such like which were then most likely much more to abound unlesse tymely and festine re∣medie were duely provided and applyed for the cure∣ing of soe publique a dissease. AND our said Royall Grandfather gratiously affecting soe pious and chari∣table a worke and intending a more full and perfect reformation of the said abuses grievances and enor∣mities in this our Realme out of his princely dispo∣sition 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 * 1.115 give graunt ratifie allowe approve and confirme un∣to the said then President and Colledge or Como∣nalty * 1.116 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 Grand∣father. AND further our said Royall Grandfather * 1.117 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 como∣ditie of the aforesaid President and Colledge or Co∣monaltie and theire Successors but alsoe for the more speedy certaine better and easier discovery restraint

punishment and repressing aswell of the before men∣tioned 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 enor∣mities aforesaid As in and by the same Letters Pa∣tents 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 en∣deavour * 1.118 had and taken in the creating modelling and establishing of the Constitution and Corporation afore∣said and the many and greate liberties powers and priviledges thereunto given granted and confirmed by the said severall Letters Patents and Acts of Par∣liament aforesaid And notwithstanding the constant and indefatigable paines and endeavours of the Pre∣sident 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 appa∣rent and evident unto us that the number of unskill∣full 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 mul∣tiply 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 vent∣ing 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 detri∣ment of us and our good subjects The chiefe cause or ground whereof as wee are given to understand

ariseth from some defects in the said Constitution the Coercive and Penal Powers thereof beeing not apt∣ly and usefully placed and settled By meanes where∣of subtil and crafty men wholly ignorant and un∣skilled 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 there∣by 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 * 1.119 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 Col∣ledge or Comonalty Have willed ordeyned constitu∣ted declared given and graunted And by these pre∣sents for us our heires and successors doe will ordeyne constitute declare give and graunt unto the said Pre∣sident and Colledge or Comonalty That they from henceforth for ever hereafter shall bee continue and remayne by virtue of theise presents One bodie Cor∣porate * 1.120 and Politique in deede fact and name by the name of the President Fellowes and Comonaltye of

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 Lon∣don 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 de∣clare 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 * 1.121 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 * 1.122 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 al∣soe by the same name to give graunt demise alien assigne and dispose the said Mannors Lands Tene∣ments * 1.123 and Hereditaments Goods and Chattells And alsoe to doe and execute all other things lawfull ne∣cessary 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 * 1.124 be impleaded answere and be answered unto defend and be defended in all and whatsoever Courts and places and before whatsoever Iudges and Iustices

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 be∣ing persons able and capeable in Law or any other body Corporate or Politique within this our King∣dome 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 here∣after have a Common Seale to serve and use for all * 1.125 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 al∣ter 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 af∣faires 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 Cor∣poration and the matters and things thereof and the due and orderly correcting and punishing of all offen∣ces and offenders within the power and jurisdiction of

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 * 1.126 that thereof att present and for ever hereafter there bee one President Tenn Elects and fower Censors * 1.127 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 elec∣ted and chosen and have being and continuance as such respectively in manner and forme and to all in∣tents and purposes as in and by theise presents is hereafter mentioned and declared. AND further * 1.128 We doe by theise presents for us our heires and suc∣cessors will ordeyne constitute and appoint Sir Ed∣ward 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 Stan∣ley Daniell Whistler Charles Scarburgh Thomas Whar∣ton Christopher Merrett Samuell Collins Luke Ruge∣ley John Wilby Sir William Pettie Knight Christo∣pher Terne Sir John Baber Knight John Hale Ed∣ward 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 Cor∣poration And to bée and continue Fellowes of the

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 * 1.129 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 suc∣cessors will ordaine constitute and appoint the said Sir Edward Alston Knight the first and present Pre∣sident * 1.130 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 Col∣ledge and Corporation from the makeing hereof un∣till 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 * 1.131 Hamey Francis Glisson George Ent George Bate Alex∣ander 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

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 * 1.132 cause as aforesaid they or any of them shall bee re∣moved. AND Wée doe by theise presents will or∣daine constitute and appoint the said George Ent John Micklethwaite Daniell Whistler and Christopher Mer∣rett the first and present Censors of the same Colledge * 1.133 and Corporation and to bee and continue Censors of the same Colledge and Corporation and to hold ex∣ercise 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 Arch∣angell next ensueing the date hereof and from thence∣forth 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 mean∣ing of theise presents. AND for the better supply and continuance of the said severall parts and mem∣bers of the said Colledge and Corporation, WEE will and by theise presents for us our heires and suc∣cessors 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 * 1.134 of the President Elects Censors and Fellowes of the said Colledge and Corporation according to the te∣nour 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 Corpora∣tion for the tyme being according to the power in

that behalfe hereafter given and declared And that every such President soe nominated and chosen and duely sworne according to the contents of theise pre∣sents 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 of∣fice 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 misbeha∣vior in the same office or place or any the like reason∣able 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 Pre∣sident 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 ensue∣ing 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 e∣lect and choose some one of the Elects of the same Col∣ledge for the tyme being to bée President of the same Colledge and Corporation for the yeare then next en∣sueing. Which person soe from tyme to tyme yeare∣ly to be chosen being duely sworne according to the

tenour of theise presents shall bée and continue Presi∣dent 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 Arch∣angell 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 Pre∣sident 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 re∣spectively And untill such further election of a new President shall bée made for the yeare then next en∣sueing 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 * 1.135 for the tyme being to bée Vice-president of the same Colledge and to bée and continue in the same office

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 * 1.136 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 Parlia∣ment 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 * 1.137 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 * 1.138 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 nomi∣nate 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 con∣tents of theise presents and every of them respective∣ly shall bee and continue Censors of the same Col∣ledge

untill the morrowe of the feast of Saint Micha∣ell 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 * 1.139 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 en∣sueing 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 Col∣ledge 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 afore∣said and then and there to elect nominate and choose any one or more of the Fellowes of the same Col∣ledge 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 conti∣nue 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

the Fellowes of the same Colledge in manner and forme following (that is to say) In case of death * 1.140 or due removall of any the Elects of the said Col∣ledge 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 re∣movalls 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 te∣nour of theise presents shall bée and continue Elects of the said Colledge dureing their respective lives un∣lesse for reasonable cause they shall bée removed as aforesaid. AND WEE DOE further will and or∣deyne 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 * 1.141 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 vir∣tue 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 respective∣ly assemble and meete att a Court to be holden in theire Common Hall or other convenient place as

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 remo∣vall 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 * 1.142 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 Cen∣sors of the same Colledge And for cause of evil Go∣vernement 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

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 * 1.143 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 what∣soever 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 * 1.144 that all Elections matters and debates relateing to the said Colledge and Corporation may the more ea∣silie certeinely and peaceablie bee settled and deter∣mined. AND Wee will and further by theise pre∣sents 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

whatsoever of the Colledge and Corporation afore∣said hereafter by virtue of theise presents to be nomi∣nated and elected and every of them shall severally and respectively take his and their severall and re∣spective * 1.145 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 in∣termeddle therein And alsoe the severall knowne Oathes of Obedience and of Supremacy before such * 1.146 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 Gef∣frey * 1.147 Palmer Knight and Baronett our Atturney Ge∣nerall Sir Heneage Finch Knight and Baronett our Sollicitor Generall Sir William Wilde Knight and Baronett one of our Serjeants at Lawe and Recor∣der of our Cittie of London and to every or any one of them full power and authoritie to give and admi∣nister 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 corpo∣rall 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

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 at∣tend 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 pre∣sent Elects of the same Colledge and Corporation as unto the fower persons abovenamed and hereby con∣stituted the first and present Censors of the same Col∣ledge 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 * 1.148 Colledge and Corporation aforesaid for the tyme be∣ing 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 Col∣ledge 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 cor∣porall Oath and Oathes on the Holy Evangelists well truely and faithfully to attend and execute the said of∣fice 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

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 here∣after 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 Cen∣sor * 1.149 or other Officer or Minister of the same Colledge his and theire like corporall Oath on the Holy Evan∣gelists well truely and faithfully to attend and exe∣cute 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 touch∣ing and concerning the same respectively. AND for the better Governement of the said Colledge and speedier reforming the enormities and abuses afore∣said and more facile and certaine doeing and accom∣plishing the things and ends intended by theise pre∣sents 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 Pre∣sident and Fellowes of the same Colledge and Cor∣poration and theire Successors to have appoint re∣teyne and enjoy a Hall or Councill-house within our * 1.150 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

keepe within the same Hall or House a certaine Court * 1.151 or Convocation of the said President and Fellowes of the said Colledge and Corporation and theire Suc∣cessors for the tyme being or of any competent part * 1.152 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 * 1.153 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 Suc∣cessors and the good Rule State and Governement of the same and the Reformation and redresse of the abuses mischiefes and enormities herein before menti∣oned and hereby intended to be provided for and sup∣pressed in the time to come And alsoe to Ordaine * 1.154 Constitute make and sett downe in writeing such sit∣ting wholsome and reasonable Lawes. Acts Ordinances

Orders Decrees Articles and Constitutions as to them shall seeme good profitable and necessary accord∣ing 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 Of∣ficers 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 premi∣ses herein before mentioned or expressed And alsoe for inflicting upon all and every Delinquent Offender and Offenders against all or any such Lawes Acts Or∣dinances Orders Decrees Articles and Constitutions soe to bée made as aforesaid or any of them such rea∣sonable paines penalties and punishments by impri∣sonment * 1.155 of the body or by fines and amerciaments any or all of them as to the said President and Fel∣lowes 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 reasona∣ble and fitting. To all which said Lawes Acts Ordi∣nances 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 * 1.156 and Constitutions bée not repugnant but agreeable to and with the Lawes Statutes Rights and Cu∣stomes of this our Kingdome of England and bée ap∣proved and confirmed according to the Statute in that behalfe made. And Wee will and by theise pre∣sents for us our heires and successors in reference and with respect to the said Graunt of our said noble

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 Suc∣cessors And doe hereby ordayne appoint and strictly commaund That noe person or persons whatsoever of what condition or qualitie soever hée or they bée be∣ing noe member of the said Corporation nor hereto∣fore Licensed under the Common Seale of the said Colledge of Physitians Doe or shall from hence∣forth use or exercise the said faculty of Physicke with∣in our said Citties of London and Westminster or * 1.157 within seaven miles any wayes in circuite thereof un∣lesse such person and persons shall bée first admitted or licensed to doe the same by the President and Fel∣lowes of the said Colledge for the tyme beeing Assem∣bled 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 Com∣minaltie of the Colledge aforesaid and theire Suc∣cessors Tenne pounds for every Moneth wherein any * 1.158 such person or persons shall soe exercise the said facul∣tie being not admitted or licensed thereunto as afore∣said. 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

whereof the offence aforesaid shalbée committed accord∣ing to the due course of Law to sue for recover and * 1.159 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 al∣lowed for any Defendant or Defendants therein. AND Wée doe further by theise presents of our espe∣ciall 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 Pre∣sident 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 * 1.160 correct and punish all and singular Physitians and Practizers in the said facultie of Physicke Apotheca∣ries 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 per∣son and persons practizeing in the said facultie or use∣ing the Art or Mystery of an Apothecary or the Trade or Craft of a Druggist Distiller Preparer or Seller

of any Oyles Waters or Medicines for gaine as afore∣said 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 law∣full 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 afore∣said 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 here∣after * 1.161 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 ab∣sence 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

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 * 1.162 of and in the said faculty of Physicke and theire man∣ner of practice therein. And if any Physitian or Practizer in the same facultie of Physicke upon rea∣sonable summons and garnishment to be made and given in that behalfe shall make default and not ap∣peare 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 li∣mitted or appointed Or shall refuse to answere or be * 1.163 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 pe∣naltie 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 seve∣rall 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 Amercia∣ment soe to bee imposed for any one default of ap∣pearance

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 * 1.164 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 ab∣sence 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 me∣dicine 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 Cen∣sors 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 delin∣quent * 1.165 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 law∣full money of England And soe as the Imprisonment * 1.166 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

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 con∣dignely 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 pre∣cept or processe to be made under their respective * 1.167 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 Me∣dicines 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 reason∣able charges in that behalfe to declare testify or prove against any such Delinquent or Offender in the pre∣mises 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 misdemea∣nours 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 * 1.168

sweare upon the Holy Evangelists to testify and de∣clare the truth of his and their knowledge concern∣ing 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 con∣cerning 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 ap∣peare * 1.169 before the said President and Censors or any thrée of them (whereof the President or in his ab∣sence 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 afore∣said forfeit and pay to the said President Fellowes and Cominaltie of the said Colledge and Corpora∣tion and theire Successors the summe of twentie shil∣lings of lawfull English money. AND WEE DOE further of our especiall grace certeine 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 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 * 1.170 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 exa∣mine and see the said Medicines Wares Druggs Waters Oyles Medicines and Stuffes of such Apo∣thecaries Druggists Distillers Preparers or Sellers of Waters Oyles or Medicines or other person or persons as aforesaid and to examine them upon Oath * 1.171 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 con∣venient to be ministred or used in Medicine for the * 1.172 health of mans body they the said Censors or any thrée of them shall or may take burne or otherwise de∣stroy the same or cause to bée taken burned or other∣wise destroyed according to their discretions. AND

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 per∣sons soe opposeing or denying and occasioning the same shall for every such offence forfeit and pay unto the President Fellowes and Comonalty of the Col∣ledge 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 other∣wise in such manner as other Fines and Amercia∣ments 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 Suc∣cessors That the President and Censors or Vice-presi∣dent 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 * 1.173 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

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 Apotheca∣ries 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 per∣sons soe summoned or warned as aforesaid upon rea∣sonable 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 * 1.174 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 Pre∣sident 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 * 1.175 Amerciament upon euery such person or persons soe makeing default of appearance as the said Presi∣dent and Censors or Vice-president and Censors or any thrée of them as aforesaid shall thinke meete in

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 * 1.176 Oyles Medicines or Stuffes defective corrupted or not meete or convenient to bée ministred in Medi∣cine 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 com∣pounded differing from and not agreeable in name * 1.177 nature and quantity unto the prescript or direction de∣livered unto the said person or persons before the makeing compounding or delivery of the said Medi∣cine 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 * 1.178 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 * 1.179

made satisfaction and payment of the same fyne soe imposed upon him for the same offence. AND FOR∣ASMUCH 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 mat∣ters concerning the good and health of their bodies which to effect and to the end that the abuses and ir∣regularities 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 afore∣said, 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 * 1.180 person and persons whatsoever now or hereafter wil∣ling 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 exami∣nation 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 * 1.181 of the President of the Colledge aforesaid or any foure of them for the tyme being (whereof the Pre∣sident or in his absence the Vice-president for the tyme being to bée alwayes one) To the end that such per∣son and persons as on such Examination or Tryall shall appeare to bée able and qualified for the exercise

of that faculty may bée approved and allowed of by * 1.182 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 succes∣sors give and grant unto the President and Elects of the Colledge aforesaid and in the absence of the Pre∣sident 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 exer∣cise * 1.183 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 qualifica∣tions 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 afore∣said 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 respec∣tively as aforesaid AND alsoe to refuse suppresse and reject all and every such person and persons as to * 1.184 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

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 Or∣dayne that noe person or persons whatsoever Except * 1.185 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 Fa∣culty 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 afore∣said upon paine of forfeiting of five pounds of law∣full money of England unto the said President Fel∣lowes 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 * 1.186 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

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 here∣after 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 Iusti∣ces 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 Exe∣cution 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 Defen∣dants 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 man∣ner 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

to the contrary thereof in any wise notwithstanding. AND WEE WILL and by these presents for us our * 1.187 heires and successors Doe ordaine and declare that all and every the Fynes Penalties Forfeitures and Amer∣ciaments hereafter to be sett adjudged imposed or in∣flicted upon any person or persons whatsoever by force or colour of these presents or of any the Letters Pa∣tents or Acts of Parliament aforesaid or by force or colour of any Acts Ordinances Decrees or Constitu∣tions 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 pe∣nalties and forfeitures of Tenn pounds and five pounds per Mensem above mentioned allwayes excep∣ted * 1.188 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 be∣ing in the absence of the President or any thrée of them (whereof the said President or in his absence the Vice-president for the tyme being to bée one) by Warrant under the hand of the said President and Censors or Vice-president and Censors for the tyme being in the absence of the President or any

thrée of them (whereof the said President or in his ab∣sence 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 afore∣said or by whom any forfeiture shall bée made as afore∣said 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 Phy∣sitians and their Successors for the tyme being the se∣verall and respective fyne or fynes penalty or penalties forfeiture or forfeitures Amerciament or Amercia∣ments 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 afore∣said rendering the overplus to bee ymployed and dis∣posed 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 * 1.189 himselfe grieved thereby That then it shall and may bee lawfull to and for every such person and persons * 1.190 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 there∣in as in and by these presents are hereafter nominated

constituted and impowered in that behalfe. AND Wée will and by these presents for us our heires and successors Doe make ordeyne constitute and appoint * 1.191 our right trusty and right welbeloved Cosin and Councellor Edward Earle of Clarendon our High Chancellor of England our right trusty and welbe∣loved 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 pre∣sent 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 Iu∣stice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer here∣after for the tyme being from tyme to tyme and for ever hereafter Visitors of the same Colledge and Cor∣poration. 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 * 1.192 two or more of them full power and authority to re∣ceive entertaine heare examine adjudge and deter∣mine 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 concern∣ing any Fyne Penalty or Amerciament or other mat∣ter or thing whatsoever according to the tenor true intent and meaning of these presents as to them or any two or more of them shall seeme just and fitting.

AND to that end that it shall and may bee lawfull to and for our said Lord High Chancellor of England Lord Cheife Iustice of our said Court of Kings Bench our said Cheife Iustice of our said Court of Common Pleas and our said Cheife Baron of our said Court of Exchequer now being or any two or more of them and to and for all and every other Lord Chancellor of England or Lord Keeper of the Greate Seale of Eng∣land Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Com∣mon Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being or any two * 1.193 or more of them from tyme to tyme to send for re∣move or cause to come before them or any two or more of them all and every such Cause Complaynt * 1.194 Iudgment Decree and Sentence and all or any the proceedings thereof respectively whereupon or where∣in 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 sum∣mon heare and examine upon Oath or otherwise all * 1.195 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 judg∣ment and determination may be had and made there∣in 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 accord∣ing to the best of their Iudgments and to the truth of the matter appeareing before them. AND FUR∣THER that it shall and may bée lawfull to and for

the said Visitors or any two or more of them for the tyme being from tyme to tyme and att any tyme af∣ter such cause or matter heard or determined by them * 1.196 or any two of them as aforesaid to remitt and certifie back again to the said President Fellowes and Comi∣nalty of the said Colledge of Physitians their judg∣ment 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 * 1.197 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 other∣wise 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 neg∣lect or delay of prosecution of any Appeale or Appeales * 1.198 hereafter to bée had or made in the premisses according to the tenor of these presents or that Iudgment De∣cree 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

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 mentio∣ned to act and proceed in and upon every such Mat∣ter Cause Iudgment Sentence or Decree on which such Appeale or Appeales shall bee soe made as afore∣said 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 pre∣sents conteyned to the contrary thereof in any wise notwithstanding. AND WEE DOE by these presents * 1.199 for us our heires and successors further graunt consti∣tute 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 Suc∣cessors 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 here∣after 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

to the contrary thereof in any wise notwithstanding. PROVIDED alsoe and our will and pleasure is That * 1.200 noe person or persons whatsoever shall att any tyme hereafter bee ympeached sued fyned amerced or other∣wise 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 re∣spectively 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 cer∣taine * 1.201 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 sin∣gular the Fynes Amerciaments Penalties and For∣feitures 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 Let∣ters Patents or Acts of Parliament Ordinances De∣crees or Impositions aforesaid hereafter to bee assessed forfeited sett or imposed upon any Physitian or Practi∣zer 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 Pa∣tents 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 Re∣cognizances

hereafter in and by these presents men∣tioned * 1.202 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 Suc∣cessors 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 * 1.203 for the said Fynes Amerciaments Penalties and For∣feitures and every or any part thereof or otherwise levy or obtaine the same and every part thereof (Ex∣cept 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 * 1.204 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 there∣of bee well and duely imployed distributed and dispo∣sed 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

amongst the poore of the Parishe or Place Parishes or Places respectively wherein the Offence or Offen∣ces 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 com∣mitted 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 suc∣cessors 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 * 1.205 will and our intent and meaning is That the said President Fellowes and Comonalty of the said Col∣ledge 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 not∣withstanding. AND for the preventing of any que∣stion that may arise concerning a double rent KNOW YEE further that Wée of our especiall grace certaine knowledge and meere motion HAVE remised relea∣sed acquitted and discharged. And by these presents

for us our heires and successors Doe remise release acquitt and discharge aswell the said President and Colledge or Comonalty in the Letters Patents afore∣said specified and theire Successors as the said Presi∣dent 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 Let∣ters Patents of our said Royall Grandfather as afore∣said and of and from all and every part and parcell thereof And all our right interest title clayme and de∣maund 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 * 1.206 them present being not lesse in number then fifteene whereof the President or in his absence the Vice-presi∣dent 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 * 1.207 all such Rules Orders Statutes Decrees Acts Ordi∣nances 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

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 Mini∣ster * 1.208 or Ministers as to the said President and Fel∣lowes 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 ser∣vice and benefitt. WHICH Register Officers and Ministers shall from tyme to tyme bée duely and se∣verally sworne before the President or in his absence * 1.209 the Vice-president of the same Colledge for the tyme being according to the prescript and directions above∣said and the true intent and meaning of these presents AND the same Register and all and every other Offi∣cer and Minister by them to bée soe elected made con∣stituted 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 * 1.210 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 Fel∣lowes in the absence of the President or the greater part of them (whereof the President or in his ab∣sence the Vice-president for the tyme being to bée one) shall seeme meete and convenient. AND FUR∣THER Wee doe for us our heires and successors * 1.211 give and graunt unto the said President Fellowes and Commonalty of the Kings Colledge of Physi∣tians 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

President or any three of them (whereof the Presi∣dent 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 Re∣cognizances 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 * 1.212 President or Vice-president and Censors in the ab∣sence 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-presi∣dent 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 * 1.213 persons to prison and him and them to deteyne in pri∣son untill he or they shall become bound in such Re∣cognizance 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 * 1.214 Prisons within our said Citty of London and the li∣mitts 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

Censors of the Colledge aforesaid for the tyme be∣ing 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 safe∣ly keepe every such person and persons so Committed in any of their Prisons att the proper costs and char∣ges of the said person or persons soe Committed with∣out 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 * 1.215 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 Amer∣ciament 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

aforesaid and to bée disposed and distributed as afore∣said. 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 contra∣diction the dead Bodies of six severall persons of Men * 1.216 or Woemen condemned adjudged and putt to death for Felony or other offence by the due course and or∣der 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 ob∣teyned for the same And from tyme to tyme to make incision of the same dead bodyes or otherwise to or∣der the same after their discretions att their liberty and pleasures for their further and better knowledge instruction insight learning and experience in the fa∣culty and science of Physicke and Chirurgery. PROVIDED allwayes and We will and direct that * 1.217 all and every such dead body and bodies had taken or used for or as Anatomies bée from tyme to tyme after

such use made thereof as aforesaid decently buryed att the costs and charges of the said President and Fel∣lowes and their Successors. AND Wée doe further of our especiall favour certaine knowledge and meere * 1.218 motion for us our heires and successors give and grant unto the said President Fellowes and Comi∣nalty 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 Suc∣cessors for ever any Mannors Messuages Lands Te∣nements Tythes Rents Reversions and Heredita∣ments 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 * 1.219 in Mortmaine or any other Statute Act Law Ordi∣nance or Provision heretofore made ordeyned or pro∣vided or any other matter cause or thing to the con∣trary in any wise notwithstanding And this without any Writt or Writts of Ad quod dampnum or other Licence or Letters Patents Inquisitions or Man∣dates 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

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 * 1.220 cause or takeing finding or executing of any Com∣mission or Inquisition whatsoever and of and from being or chosen to bee Churchwarden Constable Scavenger or any such or the like Officer or Offi∣cers 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 * 1.221 and of and from beareing and providing Armes with∣in 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 cho∣sen 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 afore∣said That all and every such designation appointment nomination and election shall bee utterly void and of none effect any Statute Act Ordinance Constitu∣tion Order Custome or Law to the contrary there∣of in any wise notwithstanding. AND Wee doe * 1.222 further for us our heires and successors give and graunt unto the said President Fellowes and Com∣monalty of the said Kings Colledge of Physitians aforesaid and their Successors AND by these pre∣sents

declare and manifest our pleasure for ever to bee That the said President Fellowes and Cominal∣ty 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 Como∣dities Power Ability and Authority herein before mentioned or by any Act or Acts of Parliament here∣tofore given graunted or confirmed unto the Presi∣dent Colledge or Cominalty aforesaid or any of them and not hereby altered changed made void or nulled * 1.223 without the lett hinderance interruption or distur∣bance 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 exer∣cised 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 cer∣taine knowledge and meere motion WEE WILL and for us our heires and successors Doe promise and * 1.224 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 Par∣liament 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 Pre∣sident Fellowes and Cominalty or their Successors or any of them in Parliament as aforesaid to bee ex∣hibited

or preferred and by the Lords Spirituall and Temporall and the Commonalty of the said Parlia∣ment to bee approved and assented unto for the bet∣ter inabling authorising and investing of the said President Fellowes and Commonalty and their Successors to and with the severall Graunts Pow∣ers Priviledges Authorities Exemptions Immuni∣ties 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 confirm∣ed according to our gracious intent and meaning herein before specified and expressed. AND FUR∣THER 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 Suc∣cessors that these our Letters Patents and all and singular the Guifts Graunts Authorities Powers Priviledges and Immunities and other things here∣in 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 con∣strued and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President Fel∣lowes 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

or Predecessors heretofore made to the said Presi∣dent Fellowes and Cominalty of the Kings Col∣ledge 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 where∣of 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 ante∣hac per Litteras nostras Paten' sub magno sigillo nostro Anglie confect' geren' dat' apud Westm' nono die Aprilis Anno regni nostri Anglie Francie & Hiber∣nie * 1.225 quarto & Scocie de gratia no∣stra speciali voluerimus ordinaverimus & concesserimus quod omnes & singuli liberi homines mysterii Grocer' & Pharmacopol' Civitat' London & Successores sui de∣inceps imperpetuum pro meliori ordine gubernatione & regimine hominum myster' Grocer' & Pharmaco∣pol' Civitatis London ac pro utilitate commodo & re∣levamine bonorum & proborum ac formidine & cor∣rectione malorum dolosorum & improborum forent & essent vigore earundem Litterarum Paten' unum Cor∣pus 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 corpo∣ratum & politicum in re facto & nomine realiter & ad plenum pro nobis heredibus & successor' nostris per easdem Litteras nostras. Paten' adtunc erexerimus fece∣rimus ordinaverimus constituerimus & declar averimus & quod per idem nomen successionem h'erent perpetu∣am prout per easdem Litteras nostras Paten' (inter alia) pleniùs liquet & apparet. Jam verò quum nobis sit * 1.226 demonstratum ex parte dilectorum subditorum nostro∣rum Pharmacopol' Civitat' nostre London necnon nobis

affirmatum & approbatum per dilectos nobis Theodo∣rum de Mayerne & Henricum Atkins in Medicinis Doctores Medicos nostros discretos & fideles Quod hiisce proximis annis quamplurimi Empirici & homi∣nes * 1.227 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 noci∣va * 1.228 falsa corrupta & perniciosa faciunt & componunt medicamenta eademque in plurimas hujus regni nostri Anglie partes vendunt & assidue transmittunt in con∣vitium & opprobrium non solùm Medicine sciencie il∣lius colende Medicorúmque hujus regni nostri Anglie literat' eandem profitentium necnon Pharmacopoeio∣rum 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 sub∣dit' nostros singulásque regni nostri partes membra & societates temperamus & complectimur spectat ut pro¦bono 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 igi∣tur considerantes officii nostri Regii munus esse subdi∣torum nostrorum saluti & bono publico omnibus viis & modis providere & consulere ac nobiscum perpen∣dentes quomodo improborum istorum hominum cona∣tibus * 1.229 tempestivè occurramus (de advisament' Consilii nostri in legibus eruditi) apprime necessarium duxi∣mus Pharmacopoeios Civitat' nostre London ab homini∣bus

liberis myster' Grocer' ejusdem disunire disjungere separare & dissociare ac eosdem Pharmacopoeios per seipsos solum & divisim ac ab hominibus liberis my∣ster' Grocer' predict' ad omnes intentiones & proposit' disunitos & separatos in unum Corpus corporat' & * 1.230 Politicum erigere creare & constituere ad quos omni futuro tempore incommodorum istorum cura & cor∣rectio demandata & commissa foret. Ita tamen ut * 1.231 superior' ac general' regimin' Civitat' nostre London & Magistrat' ejusdem in modum aliarum Societat' sub∣jiciantur. 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 teme∣ritásque compescatur unde plurima incommoda & pe∣ricula rudi & credule plebi assiduè oriantur Ac ut Pharmacopoei inferiùs nominati tam à predicto Cor∣pore politico liberorum hominum myster' Grocer' Civi∣tat' London quàm à quibuscunque aliis corporibus Poli∣ticis 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 fu∣turis temporibus ad omnia proposita & intentiones sint & remaneant quàm pro aliis causis urgentibus nos specialiter moventibus de gra' nostra speciali ac ex cer∣ta sciencia & mero motu nostris volumus ac per pre∣sentes pro nobis heredibus & successor' nostris Williel∣mo * 1.232 Besse, Edmundo Phillipps, Laurencio Mansfeild, Thome Colthurst, Richardo Bacon, Stephano Higgins,

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, Da∣nieli Darnelley, Willielmo Clark Senior', Adriano Bar∣ton, 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, Rober∣to Bourman, Tobie Wincks, Johanni Lested, Williel∣mo Shambrooke, Edvardo Tasborough, Johanni Da∣son, Leonardo Stone, Johanni Hinson, Isaaco Young, Willielmo Nock, Richardo Salter, Johanni Evans, Wil∣lielmo 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, Williel∣mo Bell Junior', Roberto Hore, Stephano Chase, Sa∣mueli Mosse, Philippo Griffeth, Samueli Harrison, Jo∣hanni Morecroft, Jacobo Rand, Johanni Hide, Jacobo Walsham, Abrahamo Webb, Johanni Taylor, Radul∣pho 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, Willi∣elmo

Cleyton, Willielmo Roberts, Francisco Unrayne, Richardo Moore, Carolo Munck, Samueli Tubman, & Michaeli Eason, ac omnibus aliis personis quibus∣cunque subditis nostris naturalibus in arte facultate sive * 1.233 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 u∣num Corpus corporatum & Communitat' (ut prefertur) fact' & constitut' sive existent' liberis hominibus ali∣quar' aliar' artium facultatum sive myster' in Civitat' London ac cum eisdem in unum Corpus corporat' So∣cietat' 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' * 1.234 Presencium coram Custod' myster' Grocer' predict' seu coram Custod' sive Magistris aliquar' aliar' artium fa∣cultat' sive myster' in Civitat' London alicui Pharma∣copoeio sive aliquibus Pharmacopoeiis posuerunt seipsos Apprenticios tam à predicto Corpore Politico & Com∣munitat' liberor' hominum myster' Grocer' predict' quàm ab omnibus aliis Corpor' Politicis Communitat' sive So∣cietat' aliquar' aliar' artium facultat' sive myster' in Ci∣vitat' London quibuscunque disuniantur separentur di∣vellantur disjungantur ac dissocientur eosdemque Phar∣macopoeios & eorum quemlibet ante nominat' sive mencionat' una cum omnibus & singulis eorum Ap∣prenticiis predict' ex regali nostra prerogativa & Jure regio disunimus separamus divellimus disjungimus & * 1.235 dissociamus & eosdem Pharmacopoeios una cum om∣nibus & singulis eorum Apprenticiis predict' virtute harum Literarum nostrarum Paten' immunes liberos acquietat' exoneratos & penitus exemptos (ad omnia

proposita & intentiones) quàm de & ab omnibus Ju∣rament' Jurisdictionibus Potestat' Authoritat' Statut' Ordinationibus Constitution' Supervis' Scrutin' Sum∣monition' Convocationibus Conventionibus Regim' Gu∣bernationibus Ordinationibus Correction' Impositioni∣bus Taxation' Collection' denarior' solutionibus & One∣ribus Finibus amerciament' imprisonament' districtio∣nibus * 1.236 penis & penalitat' quibuscunque Custod' & Com∣munitat' myster' Grocer' predict' pro tempore existen' aut eorum successor' quàm alior' quorumcunque Cor∣por' Politicor' Communitat' sive Societat' in Civitat' no∣stra London & successor' suorum per presentes volu∣mus esse & remanere deinceps imperpetuum aliquibus Statut' Act' Parliament' Ordination' Provisionibus Con∣suet' Concession' Confirmation' Privileg' Chart' aut Literis Paten' nostri vel aliquor' Progenitor' nostrorum Custod' & Communitat' myster' Grocer' London pre∣dict' fact' in contrarium inde non obstant'. Et ulteriùs de ampliori gra' nostra speciali & ex certa scientia & mero motu nostris ut ars myster' sive facultat' Phar∣macopoeie jam diu collapsa & despecta meliùs ad am∣plitudinem dignam promoveatur pro nobis hered' & successoribus nostris concedimus per presentes prefatis Willielmo Besse, Edmundo Phillipps, Laurencio Mans∣feild, Thome Colthurst, Richardo Bacon, Stephano Higgins, Willielmo Compton, Johanni Wolfgangfum∣ler, Lodovico Myreo, Gideoni de Laune, Georgio Sheres, Edvardo de Plewris, Richardo Trout, Williel∣mo Hutton, Willielmo Clapham, Thome Whitley, Johanni Parkinson, Radulpho Clayton, Willielmo Gwyn, Humfrido Gravener, Laurencio Lund, Johan∣ni Huett, Nicholao Gibson, Johanni Slater, Petro Watson, Willielmo Checkley, Thome Tomlinson, Da∣nieli Darnelley, Willielmo Clark Sen', 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, 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 Tas∣borough, 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 El∣kyn, Johanni Browne, Thome Broome, Richardo Glover, Willielmo Bell Jun', Roberto Hore, Stephano Chase, Samueli Mosse, Philippo Griffeth, Samueli Har∣rison, 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 om∣nibus & singulis allis personis quibuscunque in arte myster' sive facultat' Pharmacopol' educat' & perit' ean∣démque artem myster' seu facultatem exercentibus mo∣dò existen' liberis hominibus myster' Grocer' predict'

aut existen' liberis hominibus aliquar' aliarum artium myster' sive facultat' in Civitat' London (dummodo in arte & facultate Pharmacopol' educat' & expert' fu∣erint) quòd ipsi omnésque hujusmodi liberi homines e∣jusdem artis myster' sive facultat' Pharmacopol' de & in Civitat' predict' & in Suburbiis ejusdem & infra sep∣tem 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 * 1.237 Magistri Custodum & Societatis artis & myster' Phar∣macopol' Civitat' London in unum Corpus corporat' & Politicum in re facto & nomine realiter & ad ple∣num 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 & my∣sterii Pharmacopol' Civitat' London sint & erunt per∣petuis futuris temporibus persone habiles & in lege ca∣paces ac Corpus corporatum & Politicum & in lege capax ad habend' perquirend' possidend' gaudend' & * 1.238 retinend' Maner' Messuagia terras tenementa libertat' pri∣vileg' Franches' Jurisdiction' & Hereditamenta quecun∣que cujuscunque generis nominis natur' qualitat' vel speciei fuerint sibi & successor' suis in feodo simplici & * 1.239 perpetuitat' sive pro termino anni vel annorum aut ali∣ter * 1.240 quocunque modo Ac eciam bona & Catalla & quascunque alias res cujuscunque nominis nature ge∣neris qualitat' sive speciei fuerint. Necnon ad conce∣dend' dimittend' alienand' assignand' & disponend' Ma∣ner' terr' tenementa & hereditamenta & ad omnia & singula al' fact' & res faciend' & exequend' per nomen predict'. Et quòd per idem nomen Magistri Custod'

& Societat' artis & myster' Pharmacopol' Civitat' Lon∣don placitare & implacitari respondere & responderi * 1.241 defendere & defendi valeant & possint in quibuscunque Curiis Placit' & locis ac coram quibuscunque Judi∣cibus & Justiciariis ac aliis personis & officiar' nostris ac heredum & successor' nostrorum in omnibus & sin∣gulis actionibus placitis sect' querel' causis mater' & demand' quibuscunque cujuscunque sint aut * 1.242 erint ge∣neris 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 reci∣pere possidere & gaudere retinere dare concedere di∣mittere alienare assignare & disponere placitare & im∣placitari respondere & responderi defendere & defendi facere permittere sive exequi possint aut valeant. Et quòd iidem Magister Custod' & Societas artis & my∣sterii Pharmacopol' Civitat' London predict' habeant * 1.243 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 pre∣dict' & successor' suis sigillum illud ad libitum suum de tempore in tempus frangere mutare & de novo facere * 1.244 prout eis meliùs fieri videbitur. Et ulterius volumus & ordinamus ac per presentes pro nobis hered' & suc∣cessor' nostris concedimus prefat' Magistro Custod' & Societat' artis & myster' Pharmacopol' predict' & suc∣cessor' suis quod de cetero imperpètuum perpetuis fu∣turis temporibus sit & erit unus de Societate artis & myster' Pharmacopol' predict' in forma in hiis presen∣tibus mencionat' eligend' & nominand' qui nominabi∣tur * 1.245 & vocabitur Magister artis & Societatis predict' Ac quòd similiter sint & erunt duo de Societate artis & * 1.246

myster' predict' in forma in his presentibus express' eligend' & nominand' qui erunt & nominabuntur Custodes artis myster' & societat' predict'. Ac eciam * 1.247 quod similiter sint & erunt viginti & unus de Socie∣tate predict' in forma in hiis presentibus inferiùs simili∣ter mencionat' eligend' qui erunt & nominabuntur Assistentes artis & societatis Pharmacopol' Civitat' Lon∣don * 1.248 ac de tempore in tempus erunt assistentes & auxi∣liantes Magistro & Custod' Mysterii & Societat' pre∣dict' 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 Cu∣stod' & 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 * 1.249 London Quódque idem Magr' & Custod' myster' pre∣dict' vel aliqui duo eorum quorum Magistrum pro tem∣pore existen' unum esse volumus quoties eis opportu∣num & necessarium fore videbitur convocare & tenere infra eandem Aulam sive domum quandam Curiam * 1.250 sive Convocationem de eisdem Magistro Custod' & Assi∣stent' 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 & va∣leant perpetuis futuris temporibus. Quódque in eadem Curia sive Convocatione tractare referre consultare consulere & decernere valeant & possint de Statutis * 1.251 Legibus Articulis Ordinationibus & Constitutionibus myster & societat' predict' ac bonum regimen sta∣tum & gubernationem eorundem tangen' & concer∣nen'

juxta eorum sanas discretiones vel juxta sanas discre∣tiones 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 he∣red' & successor' nostris concedimus prefat' Magistro Custod' & societati artis sive mysterii Pharmacopol' Civitat' London & Successoribus suis quòd Magister Custodes & Assistentes myster' predict' pro tempore * 1.252 existen' ad numerum tredecim personarum vel pluri∣um (quorum predict' Magistrum pro tempore existen' unum esse volumus) super Summonitionem publicam inde fiend' ad hoc congregat' in Aula sive domo socie∣tatis predict' habeant & habebunt plenam potestatem facultatem & authoritatem condend' constituend' ordi∣nand' & faciend' de tempore in tempus Leges Statuta * 1.253 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 uti∣lia honesta & necessaria juxta eorum sanas discretio∣nes fore videbuntur pro bono regimine & gubernati∣one eorundem Magistri Custod' Assisten' & societatis * 1.254 myster' Pharmacopol' predict' ac omnium & singular' aliar' personar' artem sive myster' Pharmacopol' pre∣dict' infra Civitat' London predict' libertates & Sub∣urbia 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' Ty∣rociniis artific' & negotiis suis infra Civitat' predict' ac libertates & suburbia ejusdem ac infra septem mili∣aria ejusdem Civitat' sese habebunt gerent & utentur

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 concer∣nen'. PROVISO semper quòd pro tot & tal' Or∣dinationibus * 1.255 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 ad∣visamento in hac parte. Quódque iidem Magister Cus∣todes & Assistentes myster' predict' pro tempore exi∣sten' ad numerum tredecim personarum vel plurium (quorum Magistrum myster' predict' pro tempore exi∣sten' unum esse volumus) quotiescunque hujusmodi Leges institutiones Jura Ordinationes & Constitutiones fecerint condiderint ordinaverint vel stabiliverint hu∣jusmodi & tales penas punitiones & penalitat' per fi∣nes * 1.256 & amerciamenta vel per eorum utrumque erga & super omnes delinquentes contra hujusmodi Leges insti∣tutiones Jura Ordinationes & Constitutiones sive eo∣rum aliquod sive aliqua qual' & que eisdem Magistro Custod' & Assisten' myster' predict' pro tempore exi∣sten' vel majori parti eorundem (quorum Magistrum myster' & societatis predict' pro tempore existen' unum esse volumus) necessar' requisit' & opportun' pro ob∣servatione earum legum ordinationum & constitutio∣num melius fore videbitur facere ordinare limitare & providere possint. Ac quòd iidem Magister Custodes & societas myster' predict' & successores sui eadem fi∣nes & amerciamenta per ministros proprios eorundem Magistri Custod' & societatis pro tempore existen' per discretionem vel aliter secundum leges & consuetudi∣nes regni nostri Anglie levare habere & capere possint

& valeant ad usum Magistri Custodum & societat' * 1.257 predict' & successor' suorum absque impedimento no∣stri heredum & successor' nostror' aut alicujus vel ali∣quorum Officiar' vel Ministror' nostror' heredum vel successor' nostrorum & absque aliquo computo nobis * 1.258 heredibus vel successor' nostris inde reddend' seu fa∣ciend'. Que omnia & singula Ordinationes Jura & Constitutiones sic (ut prefertur) fiend' observari vo∣lumus sub penis in eisdem continend'. Ita tamen quòd leges constitutiones fines & amerciamenta hujusmodi fint rationabilia & non sint repugnan' nec contrarian * 1.259 legibus Statut' consuetudinibus sive Juribus regni no∣stri Anglie. Et pro meliori executione voluntatis & concessionis nostr' in hac parte assignavimus nomina∣vimus creavimus & constituimus dilectos nobis predic∣tum Edmund' Phillipps fore & esse primum & modern * 1.260 Magistrum artis sive myster' & societat' predict' Ac eciam predict' Stephanum Higgins & Thomam Fones fore & esse primos & modernos Custodes mysterii & socie∣tatis * 1.261 predict' continuand' in eisdem officiis à dat' pre∣sentium usque ad vicesimum diem Augusti proxim' se∣quen' & deinde quousque tres alii ad officia illa Ma∣gistri & Custodum artis sive mysterii & societatis pre∣dict' debito modo electi & prefecti fuerint juxta ordi∣nationes & provisiones in hiis presentibus express' & declarat' si iidem Edmundus Phillipps, Stephanus Hig∣gins & Thomas Fones tam diu vixerint (nisi interim pro mala gubernatione aut malè se gerend' in ea par∣te aut pro aliqua alia causa rationabili ab officiis illis amoti erunt aut eorum aliquis amotus erit) Et assig∣navimus eciam ac nominavimus creavimus constitui∣mus & fecimus ac per presentes pro nobis heredibus & successor' nostris assignamus creamus nominamus constituimus & facimus dilectos nobis predict' Jo∣hannem

Wolfgangfumler, Gideonem de Lawne, Lo∣dovicum * 1.262 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, Tho∣mam Hicks, Edvardum Cooke & Johannem Wark∣howse in arte & mysterio Pharmacopol' edoct' educat' & expert' fore & esse primos & modernos Assistentes ejusdem mysterii & societatis Pharmacopol' continu∣and' in eisdem officiis & locis durant' vitis suis natura∣libus nisi interim pro mala gubernatione seu malè se gerend' in ea parte aut pro aliqua alia causa rationa∣bili amoti fuerint aut eorum aliqui vel aliquis amotus erit vel amoti erunt. Qui quidem Assistentes myste∣rii & societat' predict' sacramenta sua corporalia coram Francisco Bacon Milite Attornat' nostro General', * 1.263 Henrico Yelverton Milite Solicit' nostro generali, Theodoro de Mayerne & Henrico Atkins in Medi∣cinis 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' & so∣cietat' * 1.264 predict' sacramenta sua corporalia coram Assi∣sten' myster' predict' vel majore parte eorundem infra quinquaginta dies post dat' presentium benè & fideli∣ter ad dictum officium Magistri & Custod' myster' & societat' predict' exequend' in omnibus eisdem Officiis tangen' seu concernen' prestabunt. Et sic de tempore

in tempus toties quoties Magister & Custodes My∣ster' & Societatis predict' elect' & prefect' fuer' ante∣quam 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 tem∣pore existen' & successor' sui ad numerum tredecim personar' vel plurium (si tot convenienter congrega∣ri 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 eli∣gend' & nominand' Et quòd eligere & nominare pos∣sint & valeant tres de probioribus & discretioribus * 1.265 hominibus Societatis predict' quorum unus erit Magi∣ster & alteri duo erunt Custodes Mysterii & Socie∣tatis predicte pro uno anno integro tunc proxim' se∣quen' & 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 here∣dibus & successor' nostris concedimus prefatis Magi∣stro Custod' & Societati Myster' Pharmacopol' Civitat' London predict' & Successor' suis Quòd si contige∣rit 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

fuerint obire aut ab officiis illis amoveri (quos qui∣dem Magistrum & Custodes ac eorum quemlibet pro mala gubernatione aut pro aliqua causa rationabili per reliquos Magist' & Custod' non offenden' vel de∣linquentes & Assistentes myster' & societatis predict' pro tempore existen' ad numerum tredecim personar' vel plurium de tempore in tempus amobiles esse volu∣mus) quòd tunc & toties benè liceat & licebit tantis & tot eorundem Magist' Custod' & Assistent' qui adtunc supervixerint vel remanserint ad numerum tre∣decim personar' vel plurium ad libitum suum unum alium vel plures alios in Magistrum & Custodem vel * 1.266 Custodes Myster' & Societatis predict' eligere & prefi∣cere secundum ordinationem & provisionem in hiis presentibus declarat' ad exequend' & exercend' pre∣fat' officia Magistri & Custod' myster' & societatis pre∣dict' usque ad vicesimum diem Augusti tunc proxim' sequen' vel infra octo dies ante vicesimum diem Au∣gusti & exinde quousque tres alii probi & discreti ho∣mines myster' & societatis predict' in officia Magistri & Custod' myster' & societatis predict' elect' & no∣minat' erunt juxta ordinationes & provisiones in hiis presentibus declarat' & express' & sic toties quoties casus sic acciderit.

Et ulteriùs volumus ac per presentes pro nobis here∣dibus & successor' nostris ordinamus & concedimus prefat' Magist' Custod' & societati mysterii predicti & successor' suis quòd quandocunque contigerit ali∣quem 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

rationabili de tempore in tempus per Magistrum Cu∣stod' & Assisten' ad numerum tredecim personar' vel plurium qui adtunc remanserint vel supervixerint amo∣biles 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 ipso∣rum * 1.267 Assistentium myster' & societatis predict' sic mo∣ri vel amoveri contingen' vel contingent' eligere no∣minare & preficere ad supplend' predictum numerum viginti & unius Assistentium predict'. Quódque ille sive illi postquam sic (ut prefertur) elect' & nomi∣nat' fuerit vel electi & nominati fuerint antequam ad executionem predict' officii Assistentis vel Assistentium myster' & societat' predict' admittantur sive eorum ali∣quis admittatur Sacramentum Corporale super sacro∣sanct' Evangel' coram Magistro & Custod' myster' & * 1.268 societat' predict' pro tempore existen' ad officia illa rectè benè fideliter & honestè exequend' & ad ea om∣nia 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 heredi∣bus & successor' nostris concedimus prefatis Magistro Custod' & Societat' artis & myster' Pharmacopolar' predict' & successor' suis quòd Magister & Custo∣des myster' & societat' predict' pro tempore existen' habeant & habebunt plenam potestatem & authori∣tatem de tempore in tempus ad tradend' & ministrand' Sacramentum Corporale super sacrosanct' Evangelium * 1.269 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' executi∣one

officior' suor' rectè benè & fideliter in omnibus separatim officia sua tangen' sive concernen' quàm om∣nibus 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 peri∣cula & incommoda illa assiduè accidentia per imperi∣tos & inexpertos dolosos & improbos homines artem Pharmacopol' predict' exercen' meliùs devitentur vo∣lumus & de gratia nostra speciali certa sciencia & me∣ro 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 my∣ster' Grocer' predict' aut aliquar' aliar' artium facultat' sive myster' in Civitate London ac in eisdem arte fa∣cultate sive myster' educat' vel educand' officinam vel shopam Pharmacopol' instruere tenere vel habere aut * 1.270 medicamenta quecunque facere miscere condere com∣ponere preparare propinare applicare aut administrare aut ulla medicamenta composita aut compositiones me∣dicinales viz. aquas distillatas compositas vel olea chy∣mica, apozemata, syrupos, conservas, eclegmata, electu∣aria, condita medicinabilia, pilulas, pulveres, trochis∣cos, olea, unguenta, emplastra ullo modo divendere propalare edere exercere aut venditioni alicui perso∣nae vel aliquibus personis quibuscunque exponere aut aliter quocunque modo arte facultate sive myster' Phar∣macopol' aut aliqua ejus parte uti aut exercere infra Civitatem London ac libertat' ejusdem aut infra sep∣tem miliaria ejusdem Civitat' sub pena quinque libra∣tum * 1.271 pro quolibet mense quo hujusmodi persona sive

persone artem & myster' Pharmacopol' (ut prefertur) exerceat aut exerceant contra veram intentionem ha∣rum 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 tem∣pore in tempus leventur & recuperentur dimidium in∣de ad usum predict' Magistri Custod' & Societatis my∣ster' Pharmacopol' capiend' & applicand'.

Volumus eciam ac per presentes pro nobis heredibus & successoribus nostris concedimus prefat' Magistro Custod' & Societati myster' Pharmacopol' Civitat' Lon∣don predict' & successor' suis quòd nulla persona sive persone quecunque officinam aut shopam Pharmacopol' * 1.272 habeat teneat aut instruat habeant teneant aut instru∣ant aut artem sive myster' Pharmacopol' exerceat aut exerceant aut quecunque medicamenta faciat misceat condat componat preparet propinet applicet admini∣stret aut ulla medicamenta composita aut compositio∣nes ullo modo divendere propalare edere exercere aut venundare alicui persone vel aliquibus personis quibus∣cunque infra Civitatem London & libertat' ejusdem aut infra septem miliaria ejusdem Civitat' nisi hujusmodi * 1.273 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' & * 1.274 edoct' fuerit vel fuerint. Et postquam hujusmodi sep∣tem Anni servicii sive Tyrocinii (ut prefertur) fuerint elapsi & extract' quòd tunc unusquisque talis Ap∣prenticius coram Magistro & Custod' pro tempore existen' appareat & presentetur Ac per eosdem Magi∣strum & Custod' (advocat' sibi President' Collegii seu Communitat' facultat' medicine London pro tempore

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 ha∣bit') circa cognitionem & electionem Simplicium & circa medicament' preparationem dispensationem trac∣tationem commixtionem & compositionem examine∣tur * 1.275 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 ali∣quam 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 regi∣mine & gubernatione omnium & singular' personarum que modò exercent aut imposterum exercebunt artem sive myster' Pharmacopol' predict' infra Civitat' Lon∣don seu suburbia ejusdem vel infra septem miliaria ejus∣dem Civitatis dedimus & concessimus ac per presentes pro nobis heredibus & successoribus nostris damus & concedimus prefat' Magistro Custod' & Societati my∣ster' Pharmacopol' Civitat' London predict' & successor' suis Quòd Magist' & Custod' myster' predict' pro tem∣pore existen' & successores sui de cetero imperpetuum plenam potestatem & authoritatem habeant & habe∣bunt de tempore in tempus capere & habere supervis' scrutinium examinationem gubernationem & correcti∣onem omnium & omnimod' tam liberorum hominum

quàm alior' quorumcunque uten' sive exercen' artem myster' sive facultat' Pharmacopol' aut aliquam (ut prefertur) ejusdem partem * 1.276 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 Phar∣macopoeie aut aliquam ejusdem partem inhabitabit aut commorabit seu inhabitare & commorare contigerit. Quódque iidem Magist' & Custod' & eorum successo∣res aut eor' aliqui vel aliquis aut aliqui Assisten' per Magistrum & Custod' nominand' & assignand' tempo∣ribus congruis & convenien' ac modo & formâ conve∣nien' & legitim' de tempore in tempus quoties eisdem Magistro & Custodibus videbitur expedire ingredi & intrare possint & valeant in aliquam vel aliquas offici∣nam vel officinas shopam vel shopas domum vel do∣mos * 1.277 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 ali∣qua medicamenta simplicia vel composita merces drog∣ma recept' aque distillat' olea chymica syrupi conserve eclegmata electuar' pilule pulveres trochisci olea un∣guenta emplastra aut aliqua alia quecunque que ad ar∣tem sive mysterium Pharmacopol' (ut prefertur) per∣tinent sive spectant probabiliter sive verisimiliter inve∣niri poterint Et ad supervidend' scrutand' & proband' * 1.278 si eadem medicamenta simplicia vel composita merces drogma recept' aque distillat' olea chymica syrupi con∣serve 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

Curam salutem & relevamen subditor' nostror' Ac eci∣am quòd prefat' Magist' & Custod' myster' predict' & Assi∣sten' 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 uten∣tur aut exercebunt artem sive myster' Pharmacopol' aut aliquam ejusdem partem infra predict' Civitat' Lon∣don suburbia aut libertates ejusdem aut infra septem miliaria ejusdem Civitat' tam infra libertates quàm ex∣tra de & concernen' eorum & eorum cujuslibet cogni∣tione 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 un∣guenta & emplastra ceteraque omnia & singula ad ar∣tem predict' pertinentia que falsa illegitima adulterat' * 1.279 inveterat' exoleta insalubria corrupta immedicinabilia perniciosa aut nociva inveniunt ante delinquentium fores comburend' mulctámque eciam ac al' penas & penalitat' per fines & amerciamenta in tales delinquen∣tes statuant exponant & exequantur secundum eorum sanas discretiones & ordinationes per ipsos & successo∣res suos sic (ut prefertur) fiend' & constituend'.

Volentes ac per presentes pro nobis heredibus & successor' nostris firmiter injungend' precipientes & mandantes omnibus & singulis Majoribus Justiciar'

Ballivis Constabular' & omnibus aliis officiar' ministris * 1.280 & 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 pre∣fat' Magistro Custod' & Societati & Successor' suis per has literas nostras Paten' concess' & quamlibet sive ali∣quam inde partem & parcell'.

Et ulteriùs volumus ac per presentes de ampliori gratia nostra speciali certa sciencia & mero motu no∣stris pro nobis hered' & successor' nostris concedimus prefat' Magistro Custod' & Societati myster' Pharma∣copol' Civitat' London predict' & fuccessor' suis Quòd ipsi prefati Magist' Custodes & Societas myster' Phar∣macopol' predict' habeant teneant retineant & gaude∣ant ac habere retinere & gaudere valeant & possint tot tanta talia eadem hujusmodi & consimil' Franches' pri∣vilegia 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 * 1.281 comparan' quot quant' qual' & que ac in tam amplis modo & forma prout antehac unquam habuerunt tenu∣erunt & 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 here∣dibus & successor' nostris concedimus & licenciam spe∣cialem liberámque & licitam facultat' potestatem & authoritatem damus prefat' Magistro Custod' & Socie∣tati

mysterii sive artis Pharmacopol' predict' & succes∣sor' suis habend' recipiend' & perquirend' sibi & suc∣cessor' * 1.282 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 no∣stra tam de nobis heredibus & successor' nostris quàm de aliqua alia persona sive aliquibus aliis personis qui∣buscunque (que de nobis hered' & successor' nostris non tenentur immediatè in Capite vel per servicium militare) dummodo eadem maner' Messuag' terr' te∣nementa 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' & tenemen∣tis ad manum mortuam non ponend' aut aliquo alio Statuto Actu Ordinatione vel Provisione antehac fact' ordinat' sive provis' aut aliqua alia re causa vel ma∣teria 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' no∣strorum licenciam specialem liberámque & licitam po∣testatem facultatem & authoritat' Quòd ipsi sive eo∣rum 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 prefa∣tis Magistro Custod' & Societati mysterii predict' & successor' suis dare concedere vendere legare vel alienare * 1.283 possint & valeant Ita quòd omnia predict' Maner'

Messuag' terr' tenementa prat' pasc' pastur' bosc' subbosc' Rector' decim' reddit' reversiones servicia & alia here∣ditamenta sic eisdem Magistro Custod' & Societati my∣ster' & 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' & tene∣ment' 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 imperpe∣tuum nominare & eligere possint unum probum & idoneum virum qui erit & nominabitur Communis * 1.284 Clericus Societatis predict' Quódque talis Clericus an∣tequam ad officium illud exequend' admittatur Sacra∣mentum Corporale coram Magistro & Custod' Societa∣tis predicte pro tempore existen' ad officium illud pre∣dictum secundum ejus scienciam in omnibus illud tan∣gen' rectè & fideliter exequend' prestabit Et quòd post hujusmodi Sacramentum sic prestitum officium illud ex∣erceat & utatur durante beneplacito Magistri Custod' & Assisten' societatis predict' pro tempore existen' aut majoris partis eorundem quorum Magist' artis & my∣ster' predict' pro tempore existen' unum esse volu∣mus.

Ac ulteriùs volumus ac per presentes pro nobis he∣red' & successor' nostris concedimus prefatis Magi∣stro Custod' & Societati myster' Pharmacopol' pre∣dict'

& successor' suis quòd prefat' Magist' Custodes & Assistentes pro tempore existen' & eorum successores vel major pars eorundem de tempore in tempus de ce∣tero nominare & eligere possint & valeant unum ap∣tum & idoneum hominem qui erit & nominabitur Bedell' societatis predict' Quódque talis Bedell' sic (ut * 1.285 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 tem∣pore 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 Pa∣ten' seu aliquod in eis content' non cedent in prejudi∣cium Presidentis & Collegii sive Communitatis Medi∣cor' * 1.286 Civitat' London nec ad eorum Presidentis & Col∣legii sive Communitatis & Successor' suor' Jurisdictio∣nem authoritatem supervis' aut correctionem in Phar∣mac' 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 ar∣bitrio suo possint artem medicam in omnibus suis parti∣bus exercere & insuper gaudebunt utentur & fruentur & gaudere uti & frui valeant & possint eisdem & con∣simil' Jurisdictionibus authoritat' supervis' & Correctio∣nibus' ac omnibus aliis potestatibus privileg' & libertat' qualibus unquam antehac Pharmacopol' usi & gavisi

fuerunt & preterea generaliter omnibus aliis authori∣tatibus privilegiis & potestatibus ipsis quandocunque vel quacunque de causa antehac concess' ratione vel pretextu aliquar' Literar' Paten' per nos seu per ali∣quos vel aliquem progenitor' nostror' aut ratione vel pretextu alicujus Actus Parliament' vel aliquor' Actu∣um Parliamentor' aut aliquo alio regali modo quocun∣que eisdem President' & Collegio sive Communitat' Medicor' & Successor' suis dat' concess' seu confirmat'. Volumus nihilominus & ordinamus per presentes quòd in quocunque casu Prefidens & Colleg' Medi∣cor' Civitat' London predict' habuerint serutinium me∣dicamentor' advocand' sibi aliquem de Societate Gro∣cer' vigore Act' Parliamenti quod in eodem & consi∣mili casu predict' Presidens & Colleg' habebunt gaude∣bunt & exercebunt consimilem potestatem & authorita∣tem * 1.287 advocandi sibi Magistrum & Custodes Pharmacopol' predict' Absque eo quòd omnino licebit imposterum eisdem Medicis aliquos myster' Grocer' predict' advo∣care 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 prejudi∣cium Civitat' nostre London seu libertat' ejusdem ne∣què ullo modo derogabunt libertat' Franches' Regi∣min' Jurisdiction' aut consuetud' ejusdem Civitatis.

Et denique volumus & intentionem nostram esse declaramus quòd Chirurgi experti & approbati eorum artem & facultatem exercere possint omnésque & sin∣guli eorum practica sibi propria uti & frui valeant * 1.288 quantum ad compositionem & applicationem medi∣camentor' externor' solummodo pertinet & spectat Ita tamen ut ea medicamenta minimè vendant aut vendi∣tioni aliis exponant secundum morem vulgarem Phar∣macopol'

Civitat' nostre London Eo quòd expressa mentio de vero valore annuo aut de certitudine pre∣missor' sive eorum alicujus aut de aliis donis sive con∣cessionibus per nos seu per aliquem Progenitor' vel Antecessor' nostror' prefat' Magistro Custod' & Socie∣tati myster' Pharmacopol' Civitat' London predict' an∣te hec tempora fact' in presentibus minime fact' exist' seu aliquo Statuto Actu Ordinatione Provisione Pro∣clamatione sive Restrictione in contrarium inde ante∣hac 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 feci∣mus Patentes. Teste meipso apud Westm' Tricesimo die Maii Anno Regni nostri Anglie Franc' & Hiber∣nie tertio decimo & Scocie quadragesimo octavo.

Per breve de privato sigillo. Cartwright.

A Recovery against Edmund Gardiner ac∣cording to the Exemplification, 11 Feb. 6 Jac.

JACOBUS Dei gratia Anglie Scocie Franc' & Hiber∣nie Rex fidei defensor, &c. Omnibus ad quos presentes Litere nostre pervenerint salutem. Inspeximus quoddam Recordum coram nobis habitum in hec ver∣ba. SS. Placita coram domino Rege apud Westm' Ter∣mino Sancti Michaelis Anno regni domini Jacobi nunc Regis Anglie Tertio Rotulo CCCC xxxviij. SS. Lon∣don 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 Medi∣cine London qui tam pro domino Rege quàm pro seipso & Collegio predicto sequit' per Laurencium Gibson Attorn' suum Et protulit hic in Cur' dicti do∣mini 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 faculta∣tis medicine London qui tam pro domino Rege quàm pro seipso & Collegio predicto sequit' querit' de Ed∣mundo Gardiner in Custod' Marr' Maresc' domini Re∣gis coram ipso Rege existen' de placito quòd reddat eidem domino Regi ac prefat' Presiden' & Collegio predict' sexaginta libras legalis monete Anglie quas

eis debet & injuste detinet pro eo videlicet Quòd cum Dominus Henricus octavus nuper Rex Anglie per Li∣teras 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 fa∣cultat' 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 Socie∣tatem facultat' Medicine Et ad habend' perpetuam successionem & commune sigillum & ad eligend' an∣nuatim unum President' ejusdem Societatis sive Com∣munitatis ad supervidend' regend' & gubernand' ean∣dem Societatem sive Communitat' & omnes homines ejusdem facultatis cum diversis aliis privileg' & aliis rebus per predictum nuper Regem eis concess' pro re∣publica hujus regni prout in predictis Literis Paten' plenius continetur Quar' tenor sequitur in hec verba. SS. Henricus Dei gratia Rex Anglie & Franc' & Domi∣nus Hibernie Omnibus ad quos presentes Litere per∣venerint salutem. Cum regii officii nostri munus arbi∣tremur * 1.289 ditione nostra hominum felicitat' omni ratio∣ne 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 * 1.290 profetibuntur unde rudi & credule plebi plurima incommoda oriantur audaciam compescere Itaque partim benè institutar' Civitatum in Italia & multis aliis nationibus exemplum imitat' partim gra∣vium

viror' Doct' Johannis Chamber Thome Linacre Ferdinandi de Victoria medicor' nostror' Nicholai Halswell Johannis Francisci & Roberti Yaxley medi∣cor' ac precipuè reverendissimi in Christo Patris ac Do∣mini Thome tituli Sancte Cecilie trans Tiberim Sacro∣sancte Romane Ecclesie Presbyteri Cardinalis Ebora∣cen' Archiepiscopi & regni nostri Anglie Cancellarii charissimi precibus inclinat' Collegium perpetuum doctor' & gravium Viror' qui medicinam in urbe no∣stra London & * 1.291 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 malici∣osor' quor' meminimus inscitiam temeritatémque tam exemplo gravitat'que sua deterrere quàm per leges no∣stras nuper edit' ac per constitutiones per idem Col∣legium condend' punire Que quo facilius ritè peragi possint memoratis Doctoribus Johanni Chamber Tho∣me Linacre Ferdinando de Victoria Medicis nostris Nicholao Halswell Johanni Francisci & Roberto Yax∣ley * 1.292 medicinis Concessimus quòd ipsi omnésque ho∣mines ejusdem facultat' de & in Civitate predicta sint in re & nomine unum Corpus & Communitas perpe∣tua sive Collegium perpetuum Et quòd eadem Commu∣nitas sive Collegium singulis annis imperpetuum eligere possint & facere de Communitate illa aliquem pro∣vidum virum & i•• facultate medicine expertum in Presidentem ejusdem Collegii sive Communitat' ad supervidend' recognoscend' & gubernand' pro Anno illo Collegium sive Communitatem predictam & om∣nes homines ejusdem facultatis & negotia eor'dem. Et quòd idem Presidens & Collegium sive Communi∣tas habeant successionem perpetuam & commune si∣gillum negociis dict' Communitat' & Presiden' imper∣petuum

servitur' Et quòd ipsi & successores sui imperpe∣tuum sint persone habiles & capaces ad perquirend' & possidend' in feodo & perpetuitate terr' & tene∣menta reddit' & al' possessiones quascunque. Con∣cessimus etiam eis & successoribus suis pro nobis & he∣redibus nostris quòd ipsi & successores sui possint per∣quirere 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 con∣gregationes 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 & quan∣do opus fuerit facere valeant licitè & impunè sine im∣pedimento nostri heredum vel successor' nostror' Ju∣stic' 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' Pre∣sident' & 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 & he∣redibus

nostris & dimid' dict' Presiden' & Collegio applicand'. Preterea volumus & concedimus pro no∣bis & successoribus nostris quantum in nobis est quòd per President' & Collegium dicte Communitatis pro tempore existen' & eor' successores imperpetuum qua∣tuor singulis annis per ipsos eligantur qui habeant su∣pervisum 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 Civi∣tat' & Suburb' ejusdem sive infra septem mill' in circu∣itu ejusdem Civitat' ac punitionem eorundem pro de∣lict' suis in non benè exequen' faciend' & utend' ill'. Nec non supervisum & scrutinium omnimodar' medici∣nar' & ear' recept' per dictos medicos seu aliquem eor' hujusmod' ligeis nostris pro eor' infirmitatibus curand' & sanand' dand' imponend' & utend' quoties & quan∣do opus fuerit pro commodo & utilitate eorundem li∣geor' 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 pre∣dict' & suburb' ejusdem seu alibi summoneantur aut ponantur nec eor' aliquis summoneatur aut pona∣tur in aliquibus Assisis Jurat' Inquest' Inquisitio∣nibus Attinct' & aliis recognitionibus infra dictam Civitat' & Suburb' ejusdem imposterum coram Majore aut Vic' seu Coronat' dicte Civitatis nostre pro tem∣pore

existen' capiend' aut per aliquem Officiar' seu Ministr' suum vel Officiarios sive Ministros suos sum∣monend' licet iidem Jur' Inquisitiones seu recognitio∣nes 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' ex∣ercen' versus nos heredes & successores nostros ac ver∣sus Majorem ac Vic' Civitat' predicte pro tempore exi∣ften' & 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' sol∣vend' seu aliqualit' reddend' Aliquo Statuto Ordi∣natione 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 Hen∣rici octavi tent' apud London decimo quinto die Apri∣lis 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' con∣cess' ratificat' & confirmat' & clarè authorizat' & ad∣miss' bona legitima & valida Anglice avayleable pre∣fat' Corpori incorporat' & eor' successoribus imperpe∣tuum in tam amplo & largo modo quàm posset capi

putari & construi pro eadem prout in eodem Statuto int' alia plenius continetur. Predictus tamen Edmundus Gardiner qui ad dictam facultat' exercend' per Presi∣dentem & Communitatem facultatis medicine London predict' per literas President' & Collegii predicti sigillo suo communi sigillat' non admissus est nec unquam an∣te hec admissus fuit Statutum predictum minime pon∣derans nec penam in predictis Literis Paten' content' verens dictam facultatem medicine per spacium duode∣cim 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 paro∣chia beate Marie de Arcubus in Warda de Cheape Lon∣don exercuit & adhuc exercet contra formam Literar' Paten' predictar' & Statut' predict' per quod actio ac∣crevit eidem Presidenti qui tam, &c. ad exigend' & habend' de prefato Edmundo Gardiner pro predicto do∣mino Rege nunc & eidem Presidenti & Collegio pre∣dicto 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 & ei∣dem Presidenti & Collegio predicto seu eor' alteri nondum solvit sed * 1.293 ill' ei hucusque solvere omnino con∣tradixit & adhuc contradic' ad dampnum ipsius Presi∣dentis 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 octa∣bas sancti Michaelis isto eodem Termino usque quem diem predictus Edmundus Gardiner habuit licenc' ad billam predictam interloquendi & tunc ad respon∣dend', &c. Coram domino Rege apud Westm' ven'

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 pre∣dict' Presiden' & Collegium qui tam, &c. Actionem suam predictam inde versus eum habere seu manute∣nere non debet Quia dic' quod per quendam Actum in Parliamento dicti domini Henrici * 1.294 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 evacua∣tione incantamentor' magie & al' inconvenienciar' in∣actitat' fuisset quod nulla persona infra Civitatem Lon∣don nec infra septem milliar' ejusdem susciperet super se exercere & occupare tanquam Medicus vel Chirur∣gus nisi ipse primo examinat' approbat' & admissus foret per Episcop' London & al' sub & super certis penis & penalitatibus in eodem Actu mentionat'. Post con∣fectionem cujus quidem Actus Communitas & Socie∣tas 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 * 1.295 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' * 1.296 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 per∣sone

non cepissent aliquid pro labore vel cognitione suis sed ministrassent eosdem pauperi populo solummo∣do pro vicinagio & Dei causa ac pro pietate & chari∣tate. Et tunc bene cognit' fuit quod Chirurgi ad∣missi facerent nullam curam alicui persone nisi ubi ipsi cognoscerent fore remunerati cum majore summa vel munere quam cura extenderet * 1.297 qua in casu si ipsi mi∣nistrare vellent cognitionem suam egroto populo mini∣me remunerati tam multi non putrifierent & perirent ad mortem pro defectu auxilii Chirurgie prout quoti∣die fecerunt Sed magna pars Chirurgor' admissor' fue∣runt 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' par∣vum proinde Et ratione inde ipsi sepius deteriorabant & * 1.298 ledabant patient' suos potius quam facere eis ali∣quod bonum. In consideratione cujus ac pro aisia∣mento solatio levamine auxilio relevio & sanitate pau∣perum subditor' dicti nuper Regis Henrici octavi inha∣bitantium 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 nu∣per 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 vul∣nus apostemationes exteriorem intumationem vel mor∣bum

aliquam herbam vel herbas unguentum lavacra lez pultes & emplastra secundum noticiam experienc' & cognitionem in aliquo morbor' penar' & lez mala∣dies pred' & omnibus aliis eis consimilibus aut potiones de Calculo & Stranguria vel febribus absque sect' vexa∣tione 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 Edmun∣dus existens subdit' dicti domini Regis nunc natus in∣fra hoc regnum Anglie videlicet apud London videli∣cet in Parochia beate Marie de Arcubus in Warda de Cheape London ac habens cognitionem & experien∣ciam nature herbar' radicum & aquar' ac operationis eorundem per tempus predictum in narratione predic∣ta 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 di∣vers. herbam & herbas ungent' lavacra lez pultesses & emplastra ac potiones de Calculo & Stranguria & febri∣bus secundum cognitionem experienciam & noticiam suas in morbis penis & lez maladyes predict' secundum formam & effectum predicti Actus edit' in Annis trice∣simo 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 & Colle∣gium qui tam, &c. per narrationem suam predictam superius versus eum queritur Et hoc parat' est verificare unde pet' judicium si predict' Presidens & Collegium qui

tam, &c. actionem suam predictam inde versus eum habere seu manutenere debeat, &c. Et predictus Tho∣mas Langton qui tam, &c. dic' quod ipse per aliqua per predictum Edmundum Gardiner superius placitan∣do allegat' ab actione sua predicta versus ipsum Edm' habend' precludi non debet. Quia dic' quod per quen∣dam Actum in Parliamento domine Marie nuper Regi∣ne 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 me∣dicis 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 Parlia∣menti cum quolibet Articulo & Clausula in eodem con∣tent' 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 sta∣tutum Anno regni dicte nuper Regine Marie primo su∣pradicto edit' plenius liquet. Et hoc parat' est verificare. Unde ex quo predictus Edmundus practiciam & exerci∣tium predicte facultatis Medicine superius cogn' idem Thomas Langton qui tam, &c. pet' judicium & debitum predictum tam dicto domino Regi quam eidem Tho∣me

& Collegio predicto una cum dampnis suis occasi∣one detentionis debiti illius sibi adjudicari, &c. Et pre∣dictus Edmundus Gardiner dic' quod placitum predictum per predictum Thomam Langton modo & forma pre∣dictis 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 tene∣tur aliquo modo respondere. Unde pro defectu suffi∣cien' replicationis in hac parte idem Edmundus Gardi∣ner ut prius pet' Judicium Et quod predictus Thomas Langton ab actione sua predicta versus ipsum Edm' Gardiner habend' precludatur, &c. Et predictus Tho∣mas Langton qui tam, &c. dic' quod placitum pre∣dictum per ipsum Thomam modo & forma predictis superius replicando placitat' materiaque in eodem con∣tent' bona & sufficien' in lege existunt ad actionem ipsius Thome Langton predictam versus predictum Edm' Gardiner habend' manutenend' Quod quidem pla∣citum 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 pre∣dictum tam dicto domino Regi quam eidem Thome & Collegio predicto una cum dampnis suis predictis occa∣sione detentionis debiti illius sibi adjudicari, &c. Et quia Cur' domini Regis hic de Judicio suo de & super pre∣missis reddend' nondum advisatur dies inde dat' est par∣tibus 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

coram domino Rege apud Westm' ven' partes predicte per Attornat' suos predictos. Et quia Cur' domini Re∣gis 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 & su∣per premissis predictis reddend' nondum advisatur dies ulterius inde dat' est partibus predictis coram domino Rege apud Westm' usque diem Veneris prox' post Cra∣stinum Sancte Trinitat' extunc prox' sequen' de Judicio inde audiendo eo quod Cur' domini Regis hic inde non∣dum, &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 in∣tellectis omnibus & singulis premissis maturaque deli∣beratione inde habita pro eo quod videtur Cur' domini Regis hic quod placitum predictum per predictum Tho∣mam Langton qui tam, &c. superius replicando pla∣citat' 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 pre∣dictum Unde dominus Rex habeat unam medietatem Et predictus Thomas Langton qui tam, &c. & Colle∣gium predictum habeant alteram medietatem juxta for∣mam Literar' Paten' predictar' & Statut' predict'. Quodque idem Thomas Langton qui tam, &c. recupe∣ret versus predictum Edm' sex libras tresdecim solidos & quatuor denarios pro dampnis suis que sustinuit

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 Presi∣dent' pertinet Ideo ipse idem Edmundus de tota parte ill' & de dampnis illis sit quiet', &c. Quod quidem Recor∣dum coram nob' sic habitum duximus exemplificand'. In cujus rei testimonium has Literas nostras fieri feci∣mus 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 Re∣ports 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 Char∣ter: For which he demanded 5 l. for every month, being the penalty given by the Statute. The Defen∣dant pleaded the Statute of 34 H. 8. which enables every one to practise Physick or Surgery, being skil∣full 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 be∣fore. 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 Char∣ter 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 poste∣riores

leges priores contrarias abrogant, 4 Ed. 4. Por∣ter'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 for∣tification 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: Where∣fore, &c. And there being none on the Defendants parts to argue, The Court upon hearing of the Record, gave rule, That Iudgment should be en∣tred for the Plaintiff, unless, &c.

Dr. Atkins versus Gardiner, Croke 's Re∣ports 2 d Part, p. 159.

SCir. fac. Vpon a Iudgment in Debt upon the Sta∣tute 14 H. 8. by Dr. Langton, President of the Colledge of Physicians in London, who died be∣fore 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 argu∣ment 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

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 Li∣cence 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' & Hiber∣nie Rex fidei defensor, &c. Omnibus ad quos presentes Litere nostre pervenerint salutem. Inspexi∣mus 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 pre∣dicto sequitur per Laurencium Gibson Attorn' suum Et protulit hic in Cur' dicti domini Regis tunc ibidem quandam billam suam versus Thomam Bonnam in Cu∣stod' Marr' &c. de placito debiti Et sunt pleg' de pros. scilicet Johannes Doo & Richardus Roo. Que qui∣dem billa sequitur in hec verba. SS. London SS. Pre∣sidens Collegii seu Communitat' facultat' Medicine London, &c. qui tam pro domino Rege quàm pro eo∣dem Presidente & Collegio predicto sequitur queritur de Thoma Bonnam in Custod' Marr' Maresc. domini Regis coram ipso Rege existen' de placito quòd red∣dat eidem domino Regi & prefat' President' & Colle∣gio predicto sexaginta libras legalis monete Anglie quas eis debet & injuste detinet pro eo videlicet Quòd cum Dominus Henricus octavus nuper Rex

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 admi∣nistratione medicinar' habend' incorporasset & fecisset de Johanne Chamber Thoma Linacre & Ferdinando de Victoria adtunc Medicis ejusdem nuper Regis & Nicholao Halswell Johanne Francisci & Roberto Yax∣ley & omnibus aliis viris ejusdem facultatis tunc de & infra Civitat' London unum Corpus & perpetuam Communitatem sive Societatem facultat' Medicine Et ad habend' perpetuam successionem & commune sigil∣lum & 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 con∣cess' pro republica hujus regni prout in predictis Lite∣ris 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 ar∣bitremur * 1.299 ditioni nostre hominum felicitat' omni rati∣one 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 * 1.300 gra∣viorum viror' Doct' Johannis Chamber Thome Linacre Ferdinandi de Victoria medicor' nostror' Nicholai,

Halswell Johannis Francisci & Roberti Yaxley medi∣cor' ac precipuè reverendissimi in Christo Patris ac Do∣mini D. Thome tituli Sancte Cecilie trans Tiberim Sa∣crosancte Romane Ecclesie Presbyteri Cardinalis Ebo∣racen' Archiepiscopi & regni nostri Anglie Cancellarii charissimi precibus inclinat' Collegium perpetuum doctor' & gravium Viror' qui medicinam in urbe no∣stra 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 malici∣osor' quor' meminimus inscitiam temeritatémque tam exemplo gravitatéque sua deterrere quàm per leges no∣stras nuper edit' ac per constitutiones per idem Col∣legium condend' punire Que quo facilius ritè peragi possint memoratis Doctoribus Johanni Chamber Tho∣me Linacre Ferdinando de Victoria Medicis nostris Nicholao Halswell Johanni Francisci & Roberto Yax∣ley medicis Concessimus quòd ipsi omnésque ho∣mines ejusdem facultat' de & in Civitate predicta sint in re & nomine unum Corpus & Communitas perpe∣tua sive Collegium perpetuum Et quòd eadem Commu∣nitas sive Collegium fingulis annis imperpetuum eligere possint & facere de Communitate illa aliquem pro∣vidum virum & in facultate medicine expertum in Presidentem ejusdem Collegii sive Communitat' ad supervidend' recognoscend' & gubernand' pro Anno illo Collegium sive Communitatem predictam & om∣nes homines ejusdem facultatis & negotia eorundem Et quòd idem Presidens & Collegium sive Communi∣tas habeant successionem perpetuam & commune si∣gillum negociis dict' Communitat' & Presiden' imper∣petuum servitur' Et quòd ipsi & successores sui imper∣petuum sint persone habiles & capaces ad perquirend'

& possidend' in feodo & perpetuitate terr' & tene∣menta reddit' & al' possessiones quascunque. Conces∣simus eciam eis & successoribus suis pro nobis & here∣dibus nostris quod ipsi & successores sui possint perqui∣rere 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 no∣mina Presidentis Collegii seu Communitatis facultatis Medicine London placitare & implacitari possint coram quibuscunque Judicibus in Curiis & actionibus quibus∣cunque Et quòd predict' Presidens Collegium sive Com∣munitas & eor' Successores congregationes licitas & honestas de seipsis ac Statuta & Ordinationes pro salu∣bri Gubernatione supervisu & Correctione Collegii seu Communitatis predicte & omnium hominum eandem facultat' in dicta Civitate seu per septem milliar' in cir∣cuitu ejusdem Civitat' exercen' secundum necessitat' exigenc. quoties & quando opus fuit facere valeant li∣citè & impunè sine impedimento nostri heredum vel successor' nostror' Justiciarior' Escaetor' Vic. & alior' Ballivor' vel Ministror' nostror' hered' vel successor' no∣stror' quorumcunque. Concessimus eciam eisdem Presi∣denti & 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 sigil∣lat' sub pena Centum solidor' pro quolibet mense quo non admissus eandem facultat' exercuit dimid' inde no∣bis & heredibus nostris & dimid' dicto Presidenti & Collegio applicand'. Preterea volumus & concedimus

pro nobis & successoribus nostris quantum in nobis est Quòd per President' & Collegium predicte Communi∣tatis pro tempore existen' & eor' successores imperpe∣tuum quatuor singulis annis per ipsos eligantur qui ha∣beant supervisum scrutinium correctionem & guber∣nationem omnium & singulor' dicte Civitat' Medicor' uten' facultat' medicine in eadem Civitate ac alior' medicor' forinsecor' quorumcunque facultatem ill' me∣dicine aliquo modo frequentan' & uten' infra ean∣dem Civitatem & suburbia ejusdem sive infra sep∣tem Milliar' in Circuitu ejusdem Civitatis ac puniti∣onem eorundem pro delictis suis in non benè exe∣quend' faciend' & utend' ill' Necnon supervisum & scrutinium omnimodar' medicinar' & * 1.301 eor' recept' per dictos medicos aut aliquem eor' hujusmodi ligeis no∣stris pro eor' infirmitatibus * 1.302 & hujusmodi curand' & sanand' dand' imponend' & utend' quoties & quan∣do opus fuerit pro commodo & utilitate eorundem ligeor' nostror' ita quòd punitio hujusmodi medicor' uten' * 1.303 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 pre∣dict' & suburb' ejusdem seu alibi summoneantur aut ponantur nec eor' aliquis summoneatur aut pona∣tur in aliquibus Assisis Jurat' Inquest' Inquisitio∣nibus Attinct' & aliis recognitionibus infra dictam Civitat' & Suburb' ejusdem imposterum coram Majore aut Vic' seu Coronat' dicte Civitatis nostre pro tem∣pore

existen' capiend' aut per aliquem Officiar' seu Ministrum suum vel Officiarios sive Ministros suos sum∣monend' licet iidem Jur' Inquisitiones seu recognitio∣nes sum' fuerint super brevi vel brevibus nostri vel heredum nostror' de recto Sed quòd dicti Magistri sive Gubernatores ac Communitas facultat' antedict' & suc∣cessores sui & eor' quilibet dictam facultat' exercen' versus nos heredes & successores nostros ac versus Ma∣jorem ac Vic' Civitat' nostre predicte pro tempore exi∣sten' 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' sol∣vend' seu aliqualit' reddend' Aliquo Statuto Ordi∣natione 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 Hen∣rici octavi tent' apud London decimo quinto die Apri∣lis 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' con∣cess' ratificat' & confirmat' in eodem Parliamento & clarè * 1.304 authoritat' & admiss' per idem Parliamentum bona legitima & valida Anglice avayleable prefat' Corpori incorporat' & eor' successoribus imperpe∣tuum

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 Presi∣dentem & Communitatem facultatis medicine London predict' per literas President' & Collegii predicti sigillo suo communi sigillat' non admissus est nec unquam an∣te hec admissus fuit Statutum predictum minime pon∣derans nec penam in predictis Literis Paten' content' verens dictam facultatem medicine per spacium duode∣cim 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 paro∣chia beate Marie de Arcubus in Warda de Cheape Lon∣don exercuit & adhuc exercet contra formam Literar' Paten' predictar' & Statut' predict' Per quod actio ac∣crevit eidem Presidenti qui tam, &c. ad exigend' & habend' de prefato Thoma pro••dicto domino Re∣ge nunc ac eodem Presidente & Collegio predicto predictas sexaginta libras videlicet pro quolibet men∣se predictor' duodecim mensium Centum solidos. Predictus tamen Thomas licet sepius requisit', &c. predictas sexaginta libras prefat' domino Regi & ei∣dem Presidenti & Collegio predicto seu eor' alteri nondum solvit sed ill' eis hucusque solvere omnino con∣tradixit & adhuc contradic' ad dampnum ipsius Presi∣dentis 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 respon∣dend',

&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 pre∣dict' Presidens Collegii seu Communitat' dicte facul∣tat' medicine London qui tam pro dicto domino Rege quam pro eodem Presidente & Collegio predicto sequi∣tur 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 Sep∣tembris Anno regni sui decimo supradict' pro publico bono hujus regni in debito exercitio facultat' medicine & bona administratione medicinar' habend' & pro cau∣sis & considerationibus in eisdem Literis Patentibus ex∣pressis incorporasset & fecisset de predictis Johanne Chamber Thoma Linacre & Ferdinando de Victoria adtunc medicis ejusdem nuper Regis & Nicholao Halse∣well Johanne Francisci & Roberto Yaxley & omnibus aliis viris ejusdem facultatis tunc de & infra dictam Civitatem London unum Corpus & perpetuam Com∣munitatem sive societatem facultatis Medicine & ad∣habend' perpetuam successionem & Commune sigillum Et ad eligend' annuatim unum Presiden' ejusdem socie∣tatis sive Communitatis ad supervidend' regend' & gu∣bernand' eandem societatem sive Communitatem & omnes homines ejusdem facultat' cum diversis aliis pri∣vilegiis & al' rebus per dictum nuper Regem eis concess' pro republica hujus regni prout in predictis Literis Pa∣ten' ut prefertur plenius continetur. Ac quod predictus

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' & Communi∣tat' 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 di∣mid' inde dicto domino nuper Regi & heredibus suis Et dimid' dicto Presidenti & Collegio applicand'. Ac eciam quod predictus nuper Rex ulterius concessit eis∣dem 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 * 1.305 authoritat' & admiss. per idem Parliamentum bona legitima & valida anglice Avayleable prefat' Cor∣pori 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 Pre∣sidens qui tam, &c. superius similit' narrando allegavit.

Et predictus Thomas Bonnam ulterius dic' quod in pre∣dicto Statuto ulterius inactitat' fuit Quod predict' sex. persone in eisdem Literis Paten' nominat' ut princi∣pales & primo nominat' de predict' Communitate & Societate eligen' ad se duos vel plur' de dict' Commu∣nitate ab inde anglice from thenceforthe vocarentur & nuncuparentur Electi anglice Elects Ac quod ii∣dem Electi annuatim eligerent unum ex eis fore Pre∣sidentem dicte Societatis, toties quoties aliquis locor' Anglice anye of the roomes and * 1.306 place eorundem Elector' contigeret esse vacuum per mortem vel alit' tunc superviventes Anglice the supervivors eorundem Elector' * 1.307 infra Triginta vel quadraginta dies prox' post mortem eorundem vel alicujus eor' eligerent nomi∣narent & admitterent unum vel plures prout necessi∣tas requireret de peritissimis & expertissimis viris de & in dicta facultate in London ad supplend' dictum locum & numerum octo personar. Ac eciam recitan∣do in dicto Statuto quod cum in Dioces. * 1.308 anglice extra London tunc non verisimile fuit invenire semper homi∣nes habiles ad examinand' sufficient' (secundum Statu∣tum anglice according to the Statute) tales qui ad∣mitterentur 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 exa∣minaretur 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 Gra∣duat Oxonie vel Cantabrigie qui adimplevisset omnia anglice had accomplished all thinges pro forma sua

sine aliqua gratia. Et predictus Thomas Bonnam ulte∣rius dic' quòd ipse idem Thomas diu ante predictum vicesimum quintum diem Junii Anno regni dicti do∣mini Regis nunc Anglie quinto supradicto scilicet se∣cundo die Julii Anno Domini Millesimo quingentesimo nonagesimo quinto in alma Academia Cantabrigie sus∣cepit gradum & dignitat' Doctoris in Medicinis & ad∣tunc & ibidem scilicet eodem secundo die Julii Anno Domini Millesimo quingentesimo nonagesimo quinto supradicto apud Cantabrigiam predictam in Com' Can∣tabr' rite & legitime ordinat' & fact' fuit Graduat' An∣glice a Graduate Cantabrigie predicte videlicet Doctor in Medicinis secundum Leges Statuta Constitutiones & Ordinationes dicte Academie Cantabrigie. Quod∣que idem Thomas tunc & ibidem adimplevit omnia an∣glice did accomplishe all thinges pro forma sua sine aliqua gratia. Quor' pretextu idem Thomas hujus∣modi Graduat' Cantabrigie videlicet Doctor in Medi∣cinis in forma predicta existen' qui adimplevisset om∣nia anglice had accomplished all thinges pro forma sua sine aliqua gratia dictam facultatem medicine per pre∣dictum spacium duodecim mensium ult' elaps. & prox' preceden' ante diem impetrationis bille predicte scili∣cet predictum vicesimum quintum diem Junii Anno regni dicti domini Regis nunc Anglie quinto supra∣dicto in dicta Civitate London videlicet in predicta pa∣rochia beate Marie de Arcubus in Warda de Cheape London exercuit modo & forma prout predictus Presi∣dens 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

tam, &c. dic' quod ipse per aliqua per predictum Tho∣mam 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' ma∣teriaque in eodem content' minus sufficien' in lege exi∣stunt ad ipsum President' qui tam, &c. ab actione sua predicta versus predictum Thomam Bonnam inde ha∣bend' precludend' Ad quod idem Presidens qui tam, &c. necesse non habet nec per legem t're tene∣tur aliquo modo respondere. Unde pro defectu suffi∣cien' respons. in hac parte idem Presidens qui tam, &c. pet' judicium & debitum predictum tam dicto domino Regi quam eidem President' & Collegio predicto una∣cum dampnis suis occasione detentionis debiti illius sibi adjudicari, &c. Et predictus Thomas Bonnam dic' quod placitum predictum per ipsum Thomam modo & for∣ma predictis superius placitat' materiaque in eodem content' bona & sufficien' in lege existunt ad predictum Presidentem qui tam, &c. ab actione sua predicta ver∣sus ipsum Thomam habend' precludend'. Quod quidem placitum materiamque in eodem content' idem Tho∣mas parat' est verificare & probare prout Cur', &c. Et quia predictus Presidens qui tam, &c. ad placitum il∣lud non respond' nec illud hucusque aliqualiter dedic' idem Thomas Bonnam ut prius pet' Judicium Et quod predictus Presidens qui tam, &c. ab actione sua pre∣dicta versus ipsum Thomam Bonnam inde habend' pre∣cludatur, &c. Et quia Cur' domini Regis hic de Judi∣cio suo de & super premissis reddend' nondum advisa∣tur dies inde dat' est partibus predictis coram domino Rege apud Westm' usque diem Sabbati prox' post Octa∣bas 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

apud Westm' ven' tam predictus Presiden' qui tam, &c. quam predictus Thomas Bonnam per Attorn' suos pre∣dictos. 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 non∣dum, &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 & su∣per 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 au∣diendo 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 Judi∣cio suo de & super premissis reddend' nondum advisa∣tur dies ulterius inde dat' est partibus predictis coram domino Rege apud Westm' usque diem Lune prox' post Octabas Sancti Hillarii extunc prox' sequen' de ju∣dicio inde audiend' eo quod Cur' domini Regis hic in∣de nondum, &c. Ad quem diem coram domino Rege apud Westm' ven' tam predictus Presidens qui tam, &c.

quam predictus Thomas Bonnam per Attorn' suos pre∣dictos Super quo vis' & per Cur' domini Regis hic plenius intellectis omnibus & singulis premissis matu∣raque deliberatione inde habita pro eo quod videtur Cur' domini Regis hic quod placitum predictum per prefat' Thomam Bonnam modo & forma predictis su∣perius placitat' materiaque in eodem content' minus suf∣ficien' 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 Bon∣nam debitum predictum unde dominus Rex habeat u∣nam medietatem & predictus Presiden' & Collegium al∣teram medietatem juxta formam Literar' Paten' predic∣tar' & Statut' predict'. Quodque idem Presiden' qui tam, &c. recuperet versus predictum Thomam Bon∣nam 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 exempli∣ficand'. 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 quadragesi∣mo 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 imprison∣ment * 1.309 against Henry Atkins, George Turner, Tho∣mas Moundford, and John Argent, Doctors in Physick, and John Taylor and William Bowden, Yeomen, For that the Defendants the 10 of No∣vemb. 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 Vi∣ctoria, John Halswell, John Frances, and Robert Yax∣ley, quòd ipsi omnesque homines ejusdem facultatis de & in Civitate London sint in re & nomine unum cor∣pus & communitas perpetua, per nomen Presidentis & Collegii, sive communitatis facultatis medicinae Lon∣don, &c. And that they might make méetings and Ordinances, &c. But the Case at Bar doth princi∣pally consist upon two clauses in the Charter: The first, Concessimus etiam eisdem Presidenti & Collegio

seu Communitati & successoribus suis, quòd nemo in dicta Civitate aut per septem milliaria in circuitu ejus∣dem exerceat dictam facultatem Medicinae, nisi ad hoc per dict' President' & Communit' seu successores suos, qui pro tempore fuerint, admissus sit per ejusdem Pre∣sidentis & Collegii literas sigillo suo communi si∣gillat' sub poena centum solidorum pro quolibet mense quo non admissus eandem facultatem exercuerit, dimi∣dium inde domino Regi & haeredibus suis, & dimi∣dium dict' Presidenti & Collegio applicand', &c. The second clause is which immediately followeth in these words, Preterea voluit & concessit pro se & successori∣bus 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 Me∣dicorum forinsecorum quorumcunque facultatem illam Medicinae aliquo modo frequentantium & utentium in∣fra eandem Civitatem & Suburbia ejusdem, sive infra feptem milliaria in circuitu ejusdem Civitatis, ac puni∣tionem eorundem pro delictis suis in non bene exe∣quend' faciend' & utend' illa: nec non supervisum & scrutinium omnium Medicinarum & earum receptio∣nem per dictos Medicos seu aliquem eorum hujusmodi ligeis dict' nuper Regis pro eorum infirmitatibus cu∣rand' & sanand' dand' imponend' & utend' quoties & quando opus fuerit, pro commodo & utilitat' eorun∣dem ligeorum dicti nuper Regis: Ita quod punitio eorundem Medicorum utentium dict' facultate Medi∣cinae sic in premiss. delinquentium, per fines, amercia∣menta & imprisonament' corporum suorum, & per

alias vias rationabiles & congruas exequeretur, as by the said Charter more fully appeareth. And that by force of the said Letters Patents, The said Thomas Chambre, Thomas Linacre, &c. and all the men of the same faculty in the said City were unum Corpus & communitas perpetua sive Collegium perpetuum. And afterwards by Act of Parliament, An. 14 H. 8. It was enacted, That the said Corporation, and eve∣ry Grant, Article, and other things in the said Let∣ters Patents contained and specified, should be ap∣proved, granted, ratified and confirmed in tam am∣plo & 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 Col∣lege, 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 ap∣peareth. 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' nu∣per Regem Medicis London & omnes clausulae & articuli content' in eadem concessione approbarentur, concede∣rentur, ratificarentur & confirm' per praedict' nuper Parl'. In consideratione cujus inactitat' fuit authoritate ejusdem Parliamenti, quòd praed' Statut' & Act' Parlia∣ment' in omnibus Articulis & Clausulis in eodem con∣tent' extunc imposterum starent & continuarent in pleno robore, &c. And further it was enacted, That whensoever the President of the College or Commo∣nalty of the faculty of Physick of London for the time being, or such as the said President and College shall yearly, according to the tenor and meaning of the said Act, authorize to search, examine, correct and

punish all offenders and transgressors in the said fa∣culty, &c. shall send or commit any such offender or offenders for his or their offence or disobedience con∣trary 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 offen∣ding, &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 impri∣sonment 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 amercia∣ments 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 with∣in London, against the form of the said Letters Pa∣tents and the said Acts, exercebat artem Medicinae non admissus per Literas praed' Praesidentis & Collegii sigillo eorum communi sigillat' ubi revera praed' Tho. Bon∣ham 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 Presi∣dent

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 responde∣bat, & inventus fuit super examinationem praed' per praed' Praesident' & Censores minus sufficiens & inex∣pert' 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 men∣sem & amplius post talem interdictionem facultatem illam in Lond' praed' sine licentia, &c. ideo adtunc & ibid' consideratum fuit per praed' Praesident' & Censo∣res, quod praed' Tho. Bonham pro inobedientia & con∣tempt' suis praed' amerciaretur to 5 li. in proximis Comitiis praed' Praesident' & Collegio persolvend' & de∣inceps abstineret, &c. quousque inventus fuerit suffi∣ciens, &c. sub poena conjiciendi in Carcerem si in prae∣missis 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' Cen∣sores, That for his disobedience and contempt he should be amerced to 10 li. and that he should be arrest∣ed and committed to custody. And afterwards the 7 Novemb. 1606. the said Tho. Bonham at their as∣sembly came before the President and Censors, and they asked him if he would satisfie the College for his disobedience and contempt, and submit him∣self to be examined and obey the censure of the Col∣lege; who answered, That he had practised Physick, and would practise Physick within London, asking no

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 authori∣ty 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 & inobe∣dientia praed' adtunc & ibid' ordinaverunt & decre∣verunt, quod praed' Tho. Bonham in Carcerem manda∣retur 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 Cen∣sors of the said College, or their Successors was de∣livered. 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 ex∣ercise Physick in them, that it may be enacted in this present Parliament, That no person from hence∣forth be suffered to exercise or practise Physick through England untill such time that he be examined at Lon∣don by the said President and thrée of the said Elects, and to have from them Letters Testimonial of their

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 Gra∣duate, sc. a Doctor in the Vniversity of Cambridge, and had accomplished all things concerning his de∣grée 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 re∣ported. 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. re∣strained to practise Physick within the City of Lon∣don, &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. Ne∣mo in dicta Civitate, &c. exercea•• dictam faculta∣tem nisi ad hoc per praedict Praesidentem & commu∣nitatem, &c. admissus sit, &c. And this proposition is a general negative, and Generale dictum est gene∣raliter 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

here necessary to recite. Also they said, that the Statute of 3 H. 8. cap. 11. which in effect is repeal∣ed 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 with∣in 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 al∣lowed 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 con∣trary to any Article or Clause contained in the said Grant or Act. But there is an express Negative

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 prac∣tised 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 o∣ther, &c. was not within the body of the Act, and if he was within the body of the Act, that he was ex∣cepted by the said latter clause: But Warburton ar∣gued 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. Whe∣ther 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 be∣fore 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 dig∣nity of the Doctors of the Vniversities, he first attri∣buted 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

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 pri∣vate College have sucked all their science and know∣ledge (which I acknowledge to be great and profound) but the Law saith, Erubescit lex Filios castigare Paren∣tes: 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 Cantabri∣giae & Oxoniae sunt Athenae nostrae nobilissimae, regni soles, oculi & animae regni, unde Religio, humanitas & doctrina in omnes regni partes uberrimè diffundun∣tur. But it is true, Nunquam sufficiet copia lauda∣toris, quia nunquam deficiet materia laudis; and there∣fore these Vniversities excéed and excell all private Colleges, tanquam inter viburna cupressus. And it was observed that King Henry the 8. his said Let∣ters 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 pecto∣ris sui) For, Medicina est duplex, removens & pro∣movens; 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 re∣moved. 1. Improbi: 2. Avari, qui medicinam ma∣gis avaritiae suae causâ quàm ullius bonae conscientiae fiduciâ profitentur: 3. Malitiosi: 4. Temerarii: 5. In∣scii; 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,

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 ju∣vene 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, groun∣dedly learned, and profoundly studied, for none can there be Master of Arts (who is a Doctor of Phi∣losophy) 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 with∣in 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 medici∣nae, 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

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 rea∣son 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 be∣ginneth 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 cer∣tainties; 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 uncer∣tain

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, im∣prisonamenta corporum suorum, & per alias vias ra∣tionabiles & congruas. 2. The harm which accrueth by non bene exequendo, &c. doth concern the body of man; and therefore it is reasonable that the offen∣der should be punished in his body, sc. by imprison∣ment; 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 pre∣scribe any time certain, but at what time soever he ministreth Physick non bene, &c. he shall be punish∣ed 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

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 impossi∣ble 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 ali∣enatum fuerit hujusmodi tenementum: and yet it is adjudged in 33 E. 3. Cessavit 42. where the Case was, Two Coparceners Lords and Tenant by Feal∣ty 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 Cessa∣vit, 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

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 o∣thers 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 obser∣ved, 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 or∣dinavit dominus Rex & statuit, quod Abbates Cicestr' & Premonstraten' ordin' religiosorum, &c. de caetero habeant Sigillum Commune, & illud in custodia Pri∣oris 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, emp∣tionum, venditionum, alienationum, seu aliorum quo∣rumcunque contractuum alio sigillo quàm tali sigillo communi, sicut praemit' custodit', inveniant' à modo si∣gillata, 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 ser∣vices, and the donor shall have the Rent as a Rent∣seck

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 ari∣sing 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 prac∣tise Physick. And all these reasons were proved by 2 grounds or Maxims of Law. 1. Generalis Clausu∣la non porrigitur ad ea quae specialiter sunt compre∣hensa. 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,

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 fur∣ther, 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 Man∣nor by force of the said general words. But it was adjudged, That they did not extend to the said Man∣nor 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 in∣tention 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 Cly∣drow, in that case the Town of Clydrow did not re∣late 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

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 prae∣missis delinquentium, limit the first words in the first part of this sentence, ac punitionem eorum pro de∣lictis 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 pu∣nish in one and the same sentence. 3 Hil. 38 Eliz. in a Quo Warranto against the Mayor and Commonal∣ty of London, it was holden, That where a Grant is made to the Mayor and Commonalty, that the May∣or 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 Let∣ters 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 imprison∣ment. To which it was answered, That neither the Letters Patents nor the Act of Parliament hath gran∣ted 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

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 mis∣demeanor for which the Court might imprison him, for he onely shewed his case to them, which he was advi∣sed 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 Cen∣sors, &c. and did not appear; and therefore he was fined 10 li. whereas the President hath not any au∣thority in that case. 3. The fines and amercements to be imposed by them by force of the Act, do not be∣long 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 com∣mitted 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' hu∣jusmodi servientium dederit eis auditores compoti, & contingat ipsum in arreragiis super compotum suum

omnibus allocatis & allocandis, arrestentur corpora eo∣rum, & per testimonium auditorum ejusdem compo∣ti mittantur & liberentur proximae gaolae Domini Re∣gis in partibus illis, &c. in that case, although that no time be limited when the Accomptant shall be impri∣soned, 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 autho∣rity 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

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 Cen∣sors 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, be∣cause 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 ne∣cessary incident was implyed. And where it was ob∣jected 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 Ma∣riae 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 Ar∣ticle 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.

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 Plain∣tiff 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 Re∣plication, and sometimes the Replication by the Re∣joynder, &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 mat∣ter 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

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 be∣twéen 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 Phy∣sick in London, but by forfeiture of 5 li. by the month, which is to be recovered by the Law. 2. If any pra∣ctise Physick there for a less time than a month, that he shall forfeit nothing. 3. If any person pro∣hibited 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 pri∣son 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 Iud∣ges, nor a Court given to them, but have an authority onely so to doe, the cause of their commitment is traver∣sable in an action of false imprisonment brought against them; as upon the Statute of Bankrupts, their War∣rant is under the great Seal, and by Act of Parlia∣ment; yet because the party grieved hath no other re∣medy, if the Commissioners do not pursue the Act and their Commission, he shall traverse, That he was

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 ma∣keth 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 appro∣ved of the Iudgment which we had given: And the same is the first judgment upon the said Branch con∣cerning fine and imprisonment which hath béen given since the making of the said Charter and Acts of Par∣liament, and therefore I thought it worthy to be re∣ported 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 im∣prisonment against Dr. Atkins, and divers * 1.310 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 Pa∣tents of the Corporation: And that they have autho∣rity by that to chuse a President, &c. as by the Let∣ters 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 Pa∣tents 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 Let∣ters of the President and College sealed with their Common Seal, under the penalty of a hundred shil∣lings 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 Col∣lege of the Society for the time being, and their Suc∣cessors 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 Physici∣ans, 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

within the said City or Suburbs thereof, or within se∣ven miles in compass of the said City, and of punish∣ing them for their offences, in not well executing, ma∣king 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, ap∣primè necessarium fore duximus, improborum quoque hominum, qui medicinam magis avaritiae suae causâ, quàm ullius bonae conscientiae fiduciâ profitebuntur, un∣de rudi & credulae plebi plurima incommoda oriuntur, audaciam compescere. And that the Plaintiff practi∣sed 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 * 1.311 the Defendants saith, That this hath béen at another time adjudged in the King's bench, where the said Col∣lege imposed a fine of five pound upon a Doctor of

Physick which practised in London without their ad∣mission, 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 Gra∣duates 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 redres∣sed 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 ad∣mittance. For two things are necessary to Physici∣ans, 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 or∣dinary. 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 exami∣nation 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 Ma∣gistrates are resident. And with this agrées the Govern∣ment 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 Sta∣tute: 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 Par∣liament Chap. 9. That the Gardians, Gaolers, or Kéepers of the Wards, Gaols and Prisons within the

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 dis∣charged 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 im∣plied 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 De∣fendants.

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 Phy∣sician; and the Plaintiff was not charged for ill exe∣cuting 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 arrest∣ed, 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

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 Phy∣sick 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 oc∣currere.

Secondly, Improborum hominum, qui Medici∣nam magis avaritiae suae causâ, quàm ullius bonae conscientiae fiduciâ profitebuntur, audaciam com∣pescere.

Thirdly, which would invite learned men to prac∣tise here, Collegium perpetuum doctorum & gravi∣um virorum qui Medicinam in Urbe nostra Londino & Suburbiis infra septem millia passuum ab urbe qua∣quaversus, 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.

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, facien∣do, 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 pu∣nish according to these Statutes, and late Edicts. And by the former Laws, the Vniversities and their priviledges were excepted, and by their former Sta∣tutes 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 Di∣vinity, or Batchelors shall be capable of two Bene∣fices 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

of it without licence, that this clause shall be expoun∣ded 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 in∣tended, 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 prac∣tice 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 exami∣ned, 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 gra∣datim & 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 ap∣pears that they had their Ceremonies in the time of

H. 1. And when a man brings with him the Ensign of doctrine, there is no reason that he should be exa∣mined 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 or∣dered that he should be arrested; and being arrested, and examined if he would submit himself to the Col∣lege, he answered that he was a Doctor, and had prac∣tised 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 con∣ceived 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 Em∣pirick 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 main∣tainable. And the second day the same Case was ar∣gued 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 Phy∣sician

or Chirurgeon, &c. And he doth not know in any Case where the words of the Statute are nega∣tive, 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 ano∣ther 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 Coun∣ty, of which the lands, in which the distress was ta∣ken, 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 fidu∣ciâ 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 re∣move 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 suffi∣cient for him that his Subjects live, but that they should live happily, and he discharges not his office,

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 neces∣sary 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 al∣lowed 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 oc∣cupy as Physician or Surgeon within the City of Lon∣don and seven miles thereof, if he be not first exami∣ned, 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 ex∣amined, approved and admitted by the Bishop of the Diocess, or in his absence, by his Vicar General, eve∣ry 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 con∣dition 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;

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 Vniver∣sities 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 worthi∣ly 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

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 as∣semble 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 pu∣nishment upon contempts, and not for any other of∣fences; And they hold a Court, and so may commit, as every other Court may, for a contempt of Com∣mon Right, without Act of Parliament or Informa∣tion, 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 Pri∣son, 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 up∣on them, that we will not be tryed by men of experi∣ence, 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 Lon∣don 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

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 Cam∣bridge; and upon that it was ordained that he should be committed, till he should be delivered by the Doc∣tors of the College; and upon this was the Demur∣rer 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 remem∣ber a saying of Galen, that is, Ubi Philosophia desi∣nit, ibi Medicina incipit, and he said the onely questi∣on of this Case depends not upon the payment of the said hundred shillings, but upon the words of the Let∣ters 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 mil∣liaria 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 tem∣pore existentes, & eorum Successores in perpetuum, quatuor singulis annis per ipsos eligantur, qui habeant supervisum, scrutinium, & correctionem & gubernati∣onem omnium & singulorum dictae Civitatis Medico∣rum utentium facultate Medicinae in eadem Civitate, ac aliorum Medicorum forinsecorum quorumcunque

facultatem illam Medicinae aliquo modo frequentanti∣um & utentium infra eandem Civitatem & Subur∣bia 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 infirmitati∣bus curandis & sanandis, dand', imponend', & utend', quoties & quando opus fuerit, pro commodo & utili∣tate eorundem ligeorum nostrorum; Ita quod punitio hujusmodi medicorum utentium dictâ facultate medici∣nae sic in praemissis delinquentium, per Fines, Amercia∣menta, 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 eo∣rum 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 Phy∣sicians, that is, Removens & promovens, removens

improbos illos qui nullius bonae conscientiae fiduciâ pro∣fitebuntur, & 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 Ju∣vene 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 Physi∣cians is to be compared to the Vniversity, for it is subordinate to that, Cantabrigia est Academia nostra nobilissima, totius Regni oculus & sol, ubi humani∣tas & 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 punish∣ment shall be by Fines, Amerciaments, Imprison∣ments 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 punish∣ment shall be but pecuniary, and he shall not be im∣prisoned; for if he offend the body of a man, it is rea∣son that his body shall be punished, for Eodem modo quo quis delinquit, eodem punietur; but if a grave

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 bet∣ter 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 ac∣quaintance 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 Acti∣on 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 ap∣pears by the Book of Entries; for they ought to pur∣sue their power which is given to them by the Sta∣tute; 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, al∣though he be a party, and if the King doth not ap∣point another Iudge than the Grantée which is Party, the Grant is void, though it be confirmed by Par∣liament, as it appears by 8 H. 6. 44 Ed. 3. The Abbot of Reading's Case; for it is said by Herle in

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 imperti∣nent 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 Cessa∣vit 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 Arreara∣ges 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

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 Parlia∣ment, to commit him that is found in Arrearages: But if they do not commit him forthwith, they can∣not 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 ap∣pears by the Book of Entries. So that admitting that they may commit, yet they ought to doe it forth∣with; 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 Com∣mitment is not absolute, but the cause of it is tra∣versable, 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 mat∣ter, 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

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 Equi∣ty, 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 en∣tred for the Plaintiff, which was done accor∣dingly.

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

THe President of the College and Comminal∣ty 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 admit∣ted 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.

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 ope∣ration 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 ac∣cording to the experience and science of the said disea∣ses or other Maladies eisdem consimil. or Potion pro calculo, Strangury, vel febr. without any im∣pediment, any Statute or other thing to the contra∣ry. 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 Sta∣tute 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 de∣parture from the Declaration. And upon Argument in the Common Pleas Iudgment was given by the opinion of all the Iudges for the Plaintiff: and there∣upon 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 ar∣gument at the Bar by Council on both sides, the

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 gi∣ven to them by moieties; therefore it is not so proper to demand all for the Informer, and yet to have a se∣veral 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 accre∣vit 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, not∣withstanding 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

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 medi∣cines 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 admini∣ster a Potion unless to the said 3 diseases and no other. 4. It was resolved that it was not any depar∣ture, but that the Replication was subsequent and pur∣suant 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 re∣pealed 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 Com∣mon Bench. The first Error assigned was, Be∣cause * 1.312 the Record was Ad respondendum Domino Re∣gi & Praesidenti Collegii, &c. Qui tam pro Domino Rege, quàm pro seipso sequitur, quòd reddat eis Sexa∣ginta 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 be∣ing 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 sequi∣tur, &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 confirma∣vit) 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 un∣der 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.

had practised Physick for twelve months in London, the said Action was brought, &c. The Defendant pleads the Statute of trices••mo quarto Henrici Octa∣vi, cap. 8. That every one who hath science and expe∣rience of the nature of Herbs, Roots and Waters, or of the operation of the same by speculation or prac∣tice, 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 fa∣cultatem medicinae aliter vel alio modo, quòd non est culpabilis. Et de hoc ponit, &c. And makes his averment, Et hoc paratus est verificare. The Plain∣tiff replies and shews the Statute of primo Mariae ca∣pite 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, be∣cause 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

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 Resumpti∣on of Liberties granted by Henry the sixth, made—, and so the liberty gone. The Plaintiff pleaded a re∣viver of them by the Statute of quarto Henrici septi∣mi: And it was held to be no departure, but as it were a confession and avoiding. The third and prin∣cipal 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 con∣ceived it was repealed by primo Mariae, by the gene∣ral 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 deci∣mo quarto Henrici octavi, was for Physicians; but the part of the Act of tricesimo quarto Henrici octavi was concerning Chirurgeons and their ap∣plying outward Medicines to outward Sores and Diseases; And drinks onely for the Stone, Stran∣gullion, and Ague; That Statute was never in∣tended to be taken away by the Act of primo Ma∣riae. But to this point Jones and Whitlock would

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 Me∣dicines, Plasters, Drinks, Ulceribus, Morbis, & Maladiis, Calculo, Strangurio, Febribus, & aliis in Statuto mentionatis; so he leaves out the princi∣pal word in the Statute (Externis) and doth not refer and shew, That he ministred Potions for the Stone, Strangullion, or Ague, as the Sta∣tute appoints, to these thrée Diseases onely, and to no other. And by his Plea his Potions may be mi∣nistred to any other sickness: Wherefore they all held his Plea was naught for this cause, and that Iudg∣ment was well given against him; Whereupon Iudg∣ment was affirmed.

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

THe President and College of Physicians for themselves and for the King Complain against * 1.313 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 Phy∣sicians in London, and granted to them several privi∣leges, &c. and recite their Patent and confirmation thereof by 14 H. 8. cap. 5. because the Defendant with∣out 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 per∣son 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 cun∣ning 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 instituti∣on upon the Statute, the Plaintiff replies, that it was enacted 1 Mariae cap. 9. that the Statute of

14 H. 8. with every Article and Clause therein shall stand and continue still in full strength, force and vir∣tue, Any Act, Statute, &c. made to the contrary notwithstanding. And upon this the Defendant de∣murred, 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 not∣withstanding 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 Let∣ter of 1 Mariae it is plain, that it was but a Confir∣mation 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 con∣firmed 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 * 1.314 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 Phy∣sick; and that none may practise there without allow∣ance 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 applica∣tions. Then follows the Statute of 34 H. 8. and pre∣scribes a form to them, to which the 14 doth not extend, to wit, by outward applications. 2. Because that

the Statute of 34 recites the Stat. of 3 H. 8. where∣by power was given as aforesaid, and repeals it; * 1.315 then if the Statute 34 intended that this was within 14, it might have repealed this as well as the Sta∣tute 3. But because that Surgery was clearly out of the Statute of 14. it repeals the 3 H. 8. and al∣lows 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 Covetouf∣ness 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 ex∣presly, * 1.316 and for suretiship sake all others.

Secundo, Admit the Statute of 1 Mariae take away * 1.317 the practice of Physick given by 34 H. 8. then the re∣plication 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 De∣claration upon these reasons.

1. The Letters Patents to the College with∣out * 1.318 the Aid and Confirmation of the Act of Par∣liament 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 accor∣dingly,

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 Infor∣mation 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 alle∣ged 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 mat∣ter. Dyer 167. Debt upon obligation, and the De∣fendant 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 re∣plies, 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 Ab∣bot 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 insuf∣ficient, and cannot lie in this Court; for the Let∣ters * 1.319 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 in∣tended

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 be∣fore * 1.320 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 * 1.321 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 West∣minster, yet there is another thing in the case that limits this. And this ground is also in Gregories

Case, and that is, that the King ought to have Moie∣ty 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, * 1.322 and it is a debt to them for which they may sue by Ori∣ginal. And it was never the meaning of the Statute to put them to sue before Iustices of Oyer and Termi∣ner 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 li∣cence 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 * 1.323 Stone, Strangury, Fevers, and such like. Poti∣ons by the 34 be restrained to 3 Cases. But he con∣fesseth that he gave them not onely in those 3 Cases, but in others, and the party was afflicted with out∣ward Sores. Stone, Strangury and Agues were common known diseases; But others, as outward Sores, may be with inward distempers more dange∣rous, wherewith he ought not to meddle. And he ought to have pleaded in another manner also, for he

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 But∣ler 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 de∣claration. 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 cove∣tousness; 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

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 * 1.324 latter controll the former, such construction shall be made that both may stand. But if the last be Nega∣tive, 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 * 1.325 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 pur∣pose 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 Phy∣sick 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.

2. It cannot be any departure here. And I agrée the reasons before; But the replication here main∣tains * 1.326 the title in the declaration, and is no new mat∣ter; 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 replica∣tion, 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 Demur∣rer, &c. the departure, for it is not necessary, in∣asmuch as the Stat. of 37 Eliz. Cap. 5. excepts popu∣lar * 1.327 actions, and all suites upon penal Statutes. Et adjorn'.

THe same Term it was afterwards argued by Hedley for the Defendant, That all these 3 Statutes may well stand together by reasonable * 1.328 Construction. Leges posteriores priores contrarias abrogant. But the averment ought to be there upon contrarias. But otherwise if upon reasonable con∣struction they may stand, they ought; and this con∣trariety ought to be in matter, not in special words; general words cannot repeal particular. For gene∣ral 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 mis∣chief they intend to remedy. First where the Stat. 14. by these words facultates medicinae includes Chi∣rurgery: * 1.329 and it séems that this word Medicina in∣cludes external medicines as well as internal. 3 H. 8. cap. 11. this was made for Physick and for Surge∣ry, to remedy all abuses in them, and the examinati∣on * 1.330 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

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 licen∣ces; 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 in∣tended all Clauses in force. The Statute of main∣tenance 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 concern∣ing 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

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 con∣cerning 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 con∣firmation 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 sub∣stance 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 justi∣fies 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.

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; Al∣though the words séem to import so, yet there be words after, which make this plain, by any person whatso∣ever; 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 Col∣lege 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, not∣withstanding 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 Chirurge∣ry, 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 re∣pealed for so much as concerns Agues, &c. The Sta∣tute 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 Confirma∣tion of 32 H. 8. Statute of Wills, that this doth not take away the Stat. of 34. for it is but an expla∣nation, and one being confirmed the other is con∣firmed. And it is plain that the 13 Eliz, doth not

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 excepti∣on 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 Pa∣tents; 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 shew∣ed. But in our Case the Statute 1 Mariae is not our title to the action, but onely removes the impedi∣ment. 6 H. 7. 8. A condition is pleaded in destructi∣on 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.

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 de∣livered them. The Plaintiff replies, that 15 Maii he laboured and worked them; upon which the De∣fendant 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 declara∣tion 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 inti∣tles himself by Letters Patents of H. 6. The De∣fendant 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 pro∣per 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 Informa∣tion

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 non∣suited, 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 In∣former within the Statute. 40 Eliz. Agar informs against Cavendish and others upon the Statute of 8 E. 4. for Liveries, which appoints the Information * 1.331 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 Iudg∣ment 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 Tem∣poral 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 notwith∣standing. 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

hides in Middlesex, which was found to be in another County. And the Statute of 31 Eliz. cap. 5. is, that * 1.332 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 tra∣verse 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 ta∣ken 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. * 1.333 Athow for the Defendant. And before his ar∣gument 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; up∣on which I collect that 14 H. 8. and the Letters Pa∣tents of the College do not extend to Surgery. By those Letters Patents and Statute, all the Physi∣cians be a body politick, and if this extends to Sur∣gery,

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 disea∣ses 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 Wo∣man, 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 al∣lowance of them, the Bishop ought to call Physi∣cians 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 reci∣tal of the Statute of 3 H. 8. and then it is said that the Company of Surgeons, &c. have troubled and

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 Physici∣ans. 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 disea∣ses. Also I confess that an Ague is attending upon sundry great diseases; and for these Agues they can∣not give drinks; but to single Agues, that do not ac∣company 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 tri∣ed. Stone, Strangury and Ague were never with∣in 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. up∣on 7 E. 6. is an example above all, where it is ad∣judged 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 pre∣amble,

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 ex∣position, because that Lands in Tail cannot be demi∣sable 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 particu∣lar * 1.334 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 Sta∣tute 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 there∣fore be not within the Statute 14 H. 8. And if a Gentleman had such receipts, and made use of them

for those diseases, shall he be within this Sta∣tute?

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 Kée∣pers of Prisons in London, except the Lieutenant of the Tower, ought to receive them that shall be committed, which they might have refused be∣fore.

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

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 re∣peal 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 ge∣neral, without express words. Vide Holland's case.

For the point of special demurrer, the repli∣cation * 1.335 wants form. In all replications you ought to confess and avoid or traverse the barr; here is im∣plied an avoidance but no confession thereof. 34 H. 8. 22. 7 H. 6. 2. where there is an avoidance but no con∣fession, therefore ill.

Lastly, here is a departure. Stat. de 14 H. 8. re∣mains * 1.336 in force for all diseases but the Stone, Stran∣gury 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 be∣ginning. 2 Ass. 6. 37 H. 6. 5. 21 H. 7. 18. And for answer to the Iudgment cited in B. R. there the Iudg∣ment was general, and 1 Mariae was there pleaded with these words staret & continuaret, but here it is & continuaret, which is nonsense. And I have

credibly heard, the case there was not defended om∣nino, but onely argued for the Plaintiff. Wherefore upon the whole matter he prayed judgment for the De∣fendant.

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 Acti∣on shall be brought by the President and Col∣lege, yet all Suites shall be in the name of the Presi∣dent. 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 ob∣serve 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

the Physician. And for this inconvenience was 3 H. 8. cap. 11. made, which Statute did not redress the mis∣chief sufficiently, because that the allowance or dis∣allowance of Physicians was not referred to Com∣petent 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 there∣of. It hath béen said that 14 H. 8. doth not extend to restrain the practice of those diseases; but they con∣fess 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

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 po∣tiones. 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. En∣tries 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-Sur∣geons 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 Mor∣gan's case, but to whom shall this equity extend? Posito that it extends to Surgeons, yet it never ex∣tended 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 nega∣tive 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 Surge∣on 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 mis∣chief mentioned in 32 H. 8. And it appeareth that

the intention of 34 H. 8. was not to raise a new pro∣fession, 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 Me∣dicines, 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 pro∣fession, it would have béen denied to be their inten∣tion. 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 im∣peaches 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 Sta∣tute 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 re∣move 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 Sta∣tute

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 sin∣gulis, &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 de∣clares. And so to force the Plaintiff to a replication when the thing is intire, as here, that he had exer∣cised 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 veri∣ficare, 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 an∣swered. 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 * 1.337 other Iudges said, That he would recite the

principal points of the Case which be; The Plain∣tiffs 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 re∣cover.

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 an∣swer, 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,

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 apply∣ed 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 know∣ledge 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 Admini∣stration ought to have béen to outward Tumours, &c. and here outward is omitted, and he hath pleaded ge∣nerally, 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 out∣ward 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 in∣forces the Declaration is by the Statute 1 Mariae,

and this could not have béen alledged in the Declara∣tion: 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 pre∣amble, 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 li∣censed thereby were those which were good honest peo∣ple, as old Women, and such as would give neigh∣bourly 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 Surge∣ons, in truth helps them; for it gives to them liberty to give Pills and Potions as well as to apply out∣ward Medicines to outward diseases, and such con∣struction 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 Sta∣tute of 1 Mariae hath setled all on foot again of 14 H. 8. in as large manner as it ever was before; for it con∣cludes any Act to the contrary notwithstanding. And it was made to suppress unskilfull men. But this

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 conclu∣ded, and commanded Iudgment to be entred for the Plaintiff against the Defendant.

College of Physicians against Bugge. In mag∣no Rotulo de Anno xxiii. Regis Caroli in Item Adhuc Item Item Res. London.

PRaesidens Colleg' & Communitas Medicor' Lond' * 1.338 deb' 27 li. 10 s. de medietate 55 li. versus Johan∣nem Bugge de Parochia Ecclesiae Christi London re∣cuperat' per Judicium Cur' quia exercuit facultatem Medicin' ibidem per spatium xi mens. integr' non ex∣isten' admiss. ad exercend' & occupand' dict' facultat' medicin' per Praesident' Collegium seu Communitat' facultat' Medicin' London literis sigillo suo commu∣ni sigillat' contra formam Statuti in hujusmodi casu edit' & provis. super ipsos onerat' virtute Ordinis hujus Scacc' Dat' tertio Julii Anno 15 Regis Ca∣roli.

But the said sum of 27 li. 10 s. is allowed to the President and College of the faculty of Phy∣sick within the City of London by Letters Pa∣tents

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 Scot∣land the Fifty first, and by Iudgment of the Barons of this Court of Publick Exchequer en∣tred 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' post¦tres septimanas Sancti Michaelis isto * 1.339 eodem Termino coram domino Rege apud Westm' ven' Praesidens Collegium seu Communitas facultat' Medi∣cinae London qui tam pro domino Rege quàm pro seipsis sequuntur per Franc' Scot Attorn' suum & pro∣tuler' hic in Cur' dicti domini Regis tunc ibidem quan∣dam 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 ver∣ba. ss. London ss. Presidens Collegium seu Commu∣nitas facultat' medicinae London qui tam pro domino Rege quam pro seipsis sequuntur queruntur de Adri∣ano Huybert alias Hybert in custod' Marr' Maresc' domini Regis coram ipso Rege existen' de placito quòd reddat eidem domino Regi ac praefat' Praesident' Col∣legio 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 & bo∣na administratione medicinar' habend' incorporasset & fecisset de Johanne Chamber, Thoma Linacre & Fer∣dinando

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 ejus∣dem nuper Regis, Nichol' Halswell, Johanni Francisco & Roberto Yaxley Medicis concessit quòd ipsi om∣nesque homines ejusdem facultat' de & in Civitat praedicta essent in re & nomine unum Corpus & Com∣munitas perpetua sive Collegium perpetuum, & quòd eadem Communitas sive Collegium singulis annis in perpetuum eligere potuissent & facere de communitate illa aliquem providum virum & in facultate Medi∣cinae expertum in Praesident' ejusdem Collegii sive Communitatis ad supervidend' recognoscend' & guber∣nand' pro illo anno Collegium sive Communitat' prae∣dict' & 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 & perpe∣tuitate terras & tenementa, reddit' & alias possession' quascunque. Concessit etiam idem nuper Rex eis & suc∣cessoribus 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 duode∣cim librar' non exceden' Statuto de alienatione ad ma∣num mortuam non obstante. Et quòd ipsi per nomi∣na Praesidentis Collegii seu Communitatis facultat' Me∣dicinae

London placitare & implacitari potuissent coram quibuscunque Judicibus in Curiis & Action' quibuscun∣que. 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 ean∣dem facultat' in dicta Civitate seu per septem milliaria in circuitu ejusdem Civitat' exercen' secundum necessi∣tat' 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. Con∣cessit etiam idem nuper Rex eisdem Praesidenti & Col∣legio sive Communitati & successoribus suis quod ne∣mo in dicta Civitate aut per septem milliaria in cir∣cuitu ejusdem exerceret dictam facultat' nisi ad hoc per dictum Praesidentem & Communitatem seu successores eorum qui pro tempore forent admissus esset per ejus∣dem Praesidentis & Collegii literas sigillo suo com∣muni sigillat' sub poena centum solidor' pro quolibet mense quo non admiss. eandem facultatem exerceret, dimidium inde dicto nuper Regi & haered' suis & di∣midium dicto Praesidenti & Collegio applicand' prout in eisdem literis Patent' hic in Cur' prolat' plenius con∣tinetur. 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,

articles, & al' res content' & specificat' in praedictis literis Patent' forent approbat' concess. ratificat' & con∣firmat' & 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 & Communi∣tatem facultatis Medicinae London praed' per aliquas li∣teras Praesidentis & Communitatis praed' sigillo suo communi sigillat' non admissus est nec unquam ante∣hac admissus fuit, Statut' praed' minimè ponderans nec poenam in praedictis literis Patent' content' verens dic∣tam facultatem Medicinae per spacium viginti men∣sium jam ult' elaps. & prox' praeceden' ante diem exhi∣bition' hujus billae scil' vicesimo tertio die Octobris Anno regni domini Caroli secundi nunc Regis Angliae vi∣cesimo septimo in Civitate London praedicta videlicet in Parochia beatae Mariae de Arcubus in Warda de Cheape London exercuit & adhuc exercet contra formam lite∣rar' Paten' praedictar' & Statuti praedicti, per quod actio accrevit tam dicto domino Regi nunc quam eis∣dem 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 Re∣gi & eisdem Praesidenti Collegio seu Communitati praed' seu eor' alteri nondum solvit sed ill' eis hucusque solvere omnino contradixit & adhuc contradic' ad damp∣num ipsorum Praesident' Collegii seu Communitat' praed' qui tam, &c. quadragint' librar'. Et inde tam pro eodem domino Rege quam pro seipsis producunt sectam, &c.

Et praedictus Adrianus per Hugonem Gamlyn At∣torn' suum ven' & defend' vim & injur' quando, &c. Et dicit quòd praedict' Praesidens Collegium seu Com∣munit' 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' Par∣liamenti 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 ma∣nutenere debeant, &c.

Et praedicti Praesiden' Collegium seu Communitas fa∣cultat' Medicinae London qui tam, &c. dic. quòd ipsi per aliqua per praed. Adrianum superius placitando al∣legat' ab actione sua praedicta tam pro dicto domino Re∣ge quam pro seipsis inde versus ipsum Adrianum ha∣bend' 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•••••• allega∣ver' prout per record' inde in cur' Cancellar' dicti do∣mini Regis nunc apud Westm' in com' Midd' de re∣cordo residen' plenius constat de recordo. Et hoc pa∣rati sunt verificare per record' inde prout cur' hic cons. &c. Et superinde dictum est per Cur' hic praefat' Prae∣siden' 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 Com∣munitas

facultat' Medicinae London qui tam, &c. de∣liberavit 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 Re∣cord' reman' hic int' Record' hujus Termini fine die affilat', &c. super quo Record' praed' lecto & audit' & per Cur' dicti domini Regis nunc hic diligent' exa∣minat' manifest' apparet Cur' domini Regis hic quòd habetur tale Record' Actus Parliament' praed' qual' per praed' Praesiden' Collegium seu Communitat' facul∣tat' 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 prae∣fat' Adrianum debitum praed' Centum librar' praed' per ipsum Adrianum forisfact' tam domino Regi quam prae∣fat' Praesidenti Collegio seu Communitat' facultat' Me∣dicinae London qui tam, &c. occasione exercitii sui fa∣cultat' M••••icinae in Civit' London praed' contra formam literar. Paten' praed' & Statuti praed' Unde una medie∣tas sit dicto domino Regi nunc, altera vero medietas inde praefat' Praesiden' Collegio seu Communitat' facultat' Me∣dicinae 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 Plain∣tiffs against Huybert, Defendant.

The Plaintiffs sued the Defendant upon their Let∣ters 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 for∣feits five pounds for every month.

The Defendant pleaded nul tiel Record, videlicet, that there is no Record of any such Statute as the Plain∣tiffs have supposed in the Declaration. And the Plain∣tiffs having joyned issue thereupon in Michaelmass Term last, had then aday given to bring forth the Re∣cord 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 Defen∣dant made two objections.

First, that search had béen made by the Defendant among the Records of Parliament, and it doth not ap∣pear there that the Royal assent was to this Act of Par∣liament mentioned in the Plaintiffs declaration and therefore there is not in truth or in Law any such Act

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 Parli∣ament 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 re∣ceived 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 de∣livered 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 Par∣liament 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 com∣plaint then made that the Statutes were not fairly and equally drawn up and worded after the Parliament was dissolved or prorogued.

In H. 6 's time the former method was altered, and then Bills continentes formam Actus Parliamenti were first used to be brought into the House. The Bills were (before they were brought into the House) ready drawn in the Form of an Act of Parliament, and not in the Form of a Petition as before; Vpon which Bills '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 re∣main 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 tran∣scripts 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 pro∣claim 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 en∣tred. 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 Par∣liament that be. If in the body of the Statute it self

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 Dowa∣ger 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 Sta∣tutes 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. But∣ler'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 Re∣cord that is certified unto the Court: And by the Re∣cord 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 Sta∣tute is, viz. without the Royal assent upon the Roll of the Statute, as the Act about the marrying of the Six Clerks, cap. 8. and the Act of the Port of

Southampton, cap. 13. and other Statutes of the same Sessions; and yet they have not béen ever questioned: and in truth the Royal Assent was at the end of the Bills of that Sessions.

If the Defendant thinks that the certificate here is false, it being of an Act of Parliament, whenas he thinks there is no such Act; The party grieved by such false Certificate is to take his remedy by way of Action upon the Case against the Person that made such false Certificate, as the Clerk of the Parlia∣ment or the Clerk in Chancery; but the Defendant cannot be admitted here in this Court to averr contra∣ry 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 se∣cond 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 na∣ture, 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 Com∣mon 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

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 suf∣ficient 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 pub∣lick 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 Re∣cord 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 com∣mands 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

the private conveyance of a particular person, and therefore he must plead and shew forth and produce to the Court the Letters Patents themselves, and the Tenor thereof was not sufficient at the Common Law.

But upon nul tiel Record pleaded, a Certificate of the Tenor onely and not of the Record it self hath always béen held a sufficient proof of that issue, and the Tenor certified is to be filed in this Court and to remain here always to this purpose onely, viz. as a proof of this issue; but the Record it self remains where it was before, to be made use of for any purposes that may happen hereafter.

The rest of the Iudges were of the same opinion, and so Iudgment was given for the Plaintiff.

De Termino Sanctae Trinitatis, Anno 28 Car. secundi, 1676. Banco Regis.

The King, and the President and College of Physicians Plaintiffs, against Marchamont Needham Defendant.

THe President and the College qui tam, &c. brought an action of debt upon the Statute of 14 H. 8. cap. 5. for so much money against the Defendant for practising Physick for so many months without licence of the College, whereby he was to forfeit 5 li. per month, one moiety thereof to the King, and the other moiety to the President and College.

The Defendant pleaded as to part of the money in

the Declaration mentioned nul tiel Record as the said Act of Parliament; and as to the Residue of the mo∣ney, the Defendant pleaded nil debet.

The Plaintiffs demurred to the Barr.

The cause of the demurrer was, for that the Defen∣dant'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 al∣ledgeth, 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 Sta∣tute, 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 Iudg∣ment 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 Acti∣on 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 Na∣thaniel 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 Eng∣land 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 un∣to 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 Com∣mon Pleas, and Sir David Williams and Sir Lau∣rence 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 or∣dering 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 Chan∣cellor, called York house, resolve the several questi∣ons hereafter mentioned, as is expressed under every Question.

Tho. Harries.

These Questions were resolved as is expressed under every question by the right honorable the Lord Chan∣cellor of England, Lord Chief Iustice of England, the Lord Chief Baron of the Exchequer, Iustice Walmesley, Iustice Warburton, Iustice Williams and Iustice Tan∣field, being assembled by the King's Majestie's appoint∣ment 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 Cam∣bridge 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 ad∣mitted 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 Sta∣tute of 14 H. 8. cap. of Graduates in the two Vni∣versities, is to be understood onely of Graduates of Physick and of no others. And all resolved, That by that exception those Graduates may practise in all other places of England out of London and 7 miles of the same without examination; But not in London nor within the said Circuit of 7 miles.

Quest. 3. If Graduates not admitted to practise in

London practise there, whether, for evil practice or misdemeanour therein, they be not subject to the Cor∣rection and government of the College?

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

Quest. 4. If they may not practise without admissi∣on of the College (as their Letters Patents plainly im∣port) 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 them∣selves to the examination of the President and College if they be required thereunto by their authority, not∣withstanding any licence, allowance or privilege given them in Oxford or Cambridge either by their degrée or otherwise.

Concerning Punishment and Correction a∣gainst Offenders.

Quest. 1. Whether the President and four Censors together, or the Censors alone may not commit to Pri∣son without bail or mainprize all Offenders in the prac∣tice of Physick according to the Statute of primo Mariae,

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 inter∣preted 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 govern∣ment 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 Mem∣bers of the same College?

Resp. They all resolved, That the President and College might commit to prison for offences and disobe∣dience 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 bet∣ter maintenance and defraying of necessary expences, as in other Corporations?

Resp. They all held, That they might take such rea∣sonable sums.

Quest. 4. Whether those onely are to be committed that are offenders in Non bene exequendo, faciendo &

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 Practi∣sers 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 Sta∣tute do in that case inflict a punishment of 5 li. a month against such practiser without admittance by the Col∣lege. 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 com∣mit him without bail or mainprise.

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

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 obsti∣nately 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 reason∣able sum of money, That the same Ordinance will be good and lawfull. And if any after shall offend contra∣ry to the said Ordinance, the President and Censors

may lawfully commit such Offender to prison, there to remain without bail or mainprise untill he shall be de∣livered by the said President and Censors.

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

1. Quest. Whether the party committed for unskil∣full or temerarious practice may have an Action of false imprisonment against them, and thereby draw in questi∣on 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 Phy∣sician.

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 Lon∣don and within 7 miles of the same, upon many im∣portant reasons mentioned in their Royal Patent, were made a Body Corporate, and endowed with many pri∣vileges, 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 additio∣nal privileges were granted them by a second Act of Parliament, by which they were discharged from keep∣ing 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 Privi∣leges granted to them: Which privileges, with a free∣dom from finding Arms, were continued to them with∣out 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 Wal∣singham wrote a Letter to the Lord Mayor and Alder∣men of London, that they should no more trouble the College, but permit them to live quietly and free from

that charge. After this, they met with no farther trou∣ble 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 Middle∣ton 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 rea∣sons by him urged; and opening every part thereof at large, did conclude, that the Act of Parliament did ex∣tend 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 imme∣diately given them, and an Order entred for a dispen∣sation 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 Phy∣sician of the College to be wholly and absolutely free from providing or bearing of any Armour or other Mu∣nition, &c any Act or Statute to the contrary notwith∣standing. After this, the College enjoyed this privilege without interruption during the Reign of King Charles the First of glorious memory untill the times of the late Rebellion; in which, Rights both Civil and Sacred were invaded, and our College exposed to publick sale by mercenary Villains. But upon the return of his

Sacred Majesty, He was pleased to take this Royal foun∣dation 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 pre∣sents for Vs, Our Heirs and Successors do give and grant unto the said President, Fellows and Commo∣nalty of the King's College of Physicians and their Successors, that all and every Physician and Phy∣sicians, 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 abso∣lutely fréed, exempt and discharged of and from ser∣ving and appearing in any Iury or Iuries for the trial of any matter or cause, or taking, finding or execu∣ting 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, exe∣cution 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 cho∣sen into, or to undergo, or bear, or perform any of the said Office or Offices, place or places, Duty or Duties or any of them within our said Cities or the Suburbs or Liberties thereof, or limits aforesaid; That all and every such designation, appointment,

nomination, or election shall be utterly void and of none effect, Any Statute, Act, Ordinance, Constitution, Order, Custome or Law to the contrary thereof in any wise notwithstanding.

In the Seventeenth of his Majestie's Reign, he was pleased, pursuant to his Royal Patent, to send the following Letter in behalf of the College by Sir Alex∣ander 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 Lieu∣tenants and Commissioners of the Mi∣litia 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 anci∣ent Privileges and Immunities (with the addition of some further Powers and Clauses for the re∣guiation 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 ex∣prefly

provided and by us granted that every Physici∣an 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 Re∣quiring 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 sum∣moned upon that account by the Lieutenancy, yet up∣on producing his Majestie's Patent and asserting his So∣vereign'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, go∣vernment,

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 sum∣moned to appear before the Lieutenancy of London for not bearing and providing Arms. Upon which Sum∣mons attending with the Patent of 15 Car. Secundi Re∣gis 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 Col∣lege 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 resolu∣tion. 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 Col∣lege 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 ex∣cuse 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 Physici∣ans (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 Commo∣nalty of the King's College of Physicians and their Successors, that all and every Physician and Physici∣ans 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 provi∣ding 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, Con∣stitution, Order, Custome or Law to the contrary thereof in any wise notwithstanding) doth operate up∣on 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.

Notes

• * 1.1

  Inconveni∣encies ensu∣ing by igno∣rant Persons practising Physick or Surgery.
• * 1.2

  By whom e∣very Physici∣an and Sur∣geon shall be allowed.
• * 1.3

  A. Physician or Surgeon allowed by the Bishop of the Diocess.
• * 1.4

  The Privile∣ges of Oxford and Cam∣bridge.
• * 1.5

  The causes why Surge∣ons have been exempt from bearing of Armour or other Ser∣vices.
• * 1.6

  Surgeons dis∣charged of Enquests, &c.
• * 1.7

  The Surge∣ons of Lon∣don shall be exempt from being Con∣stables, bear∣ing of Ar∣mour, or to be put in Watches or Inquests.
• * 1.8

  A body Cor∣porate of the faculty of Physick within Lon∣don and 7 miles com∣pass.
• * 1.9

  rect. nostri¦munus
• * 1.10

  A perpetual College of Physicians erected and granted in London and the Suburbs.
• * 1.11

  Medicinam.
• * 1.12

  Francisci
• * 1.13

  A Prefident of the Col∣lege and his office and duty.
• * 1.14

  The College shall have perpetual Succession and a Com∣mon Seal. They shall be of ability to purchase Land.
• * 1.15

  They may sue and be sued.
• * 1.16

  They may make lawfull Assemblies and Ordi∣nances for Govern∣ment.
• * 1.17

  No man shall practise Phy∣sick in Lon∣don or 7 miles thereof un∣less he be al∣lowed.
• * 1.18

  Four Physi∣cians of Lon∣don shall be yearly cho∣sen to have the oversight of the others.
• * 1.19

  earum
• * 1.20

  Physicians shall not be summoned on Juries in London.
• * 1.21

  The King's Letters Pa∣tents and e∣very Article therein con∣firmed.
• * 1.22

  There shall be Eight E∣lects of the Physicians of London.
• * 1.23

  Physicians in other places must be ex∣amined by the President and 3 of the Elects.
• * 1.24

  & ostendit certis
• * 1.25

  ferme
• * 1.26

  assiden—
• * 1.27

  Supple quàm Tem∣poralibus
• * 1.28

  Modestiae
• * 1.29

  eidem
• * 1.30

  tempe—
• * 1.31

  evid—
• * 1.32

  excellenti
• † 1.33

  fine
• * 1.34

  tum
• * 1.35

  penitus
• * 1.36

  prodeundi
• * 1.37

  Priviledges granted to Physicians in London.
• * 1.38

  The Physici∣ans in London shall be dis∣charged to bear cer∣tain Offices there.
• * 1.39

  Four Physi∣cians shall be chosen yearly to search Apo∣thecary-wares in London.
• * 1.40

  The forfei∣ture of an Apothecary that refuseth to have his house sear∣ched.
• * 1.41

  Stat. 1 M. 9.
• * 1.42

  The forfei∣ture of such as being e∣lect refuse to be sworn or to make search.
• * 1.43

  Any of the Physicians in London may practise Sur∣gery.
• * 1.44

  The authori∣ty and liber∣ties of Bar∣bers and Sur∣geons in Lon∣don being made of one Company.
• * 1.45

  By whom and at what time the Barbers of London were incorporate.
• * 1.46

  The benefit like to ensue by joyning the Barbers and Surge∣ons in one Company.
• * 1.47

  The Barbers and Surge∣ons of Lon∣don made one Compa∣ny and in∣corporated.
• * 1.48

  The Barbers and Surge∣ons in Lon∣don shall be exempt from bear∣ing of armes, or to be in Watches or Inquests. 5 H. 8. 6.
• * 1.49

  19 H. 7. 7.
• * 1.50

  The Surge∣ons may take yearly four con∣demned Per∣sons for A∣natomies.
• * 1.51

  No Barber in London shall use Surgery.
• * 1.52

  No Surgeon in London shall use the craft of sha∣ving.
• * 1.53

  Every Sur∣geon in Lon¦don shall have a Sign at his door.
• * 1.54

  None shall be a Barber in London but a Free∣man of that Company.
• * 1.55

  Four War∣dens shall be chosen and their autho∣rity.
• * 1.56

  The forfei∣tures of the Offenders.
• * 1.57

  Any person may keep a Barber or Surgeon as his Servant.
• * 1.58

  Any person being no common Surgeon may minister out∣ward Medi∣cines.
• * 1.59

  By what means the Surgeons of London have abused the Statute of 3 H. 8. 11. for their own gain.
• * 1.60

  It shall be lawfull for any person to cure out∣ward sores notwithstan∣ding the Sta∣tute of 3 H. 8. 11.
• * 1.61

  A confirma∣tion of the Statute of 14 H. 8. 5. touching the corporation of Physicians in London.
• * 1.62

  Whosoever shall be committed to Prison by the Presi∣dent of the Colledge of Physicians in London shall be received and kept thereby.
• * 1.63

  The offen∣dours forfei∣ture and who shall have it and by what meanes.
• * 1.64

  Searching in London for Apothecary wares.
• * 1.65

  The penalty for resisting of search of Apothecary wares.
• * 1.66

  Other Magi∣strates shall assist the Physicians in their search.
• * 1.67

  supple &
• * 1.68

  rect. & Col∣legio sive Communita∣ti
• * 1.69

  & Collegio
• * 1.70

  Communi∣tatis
• * 1.71

  Communi∣tatis
• * 1.72

  & Collegio
• * 1.73

  Preamble.
• * 1.74

  Recitall of the Patent of Incorporati∣on.
• * 1.75

  And that the same was confirmed by Act of Parliament.
• * 1.76

  And whereas by other Acts other Privi∣ledges are given, and yet divers Enor∣mities a∣bound;
• * 1.77

  His Majestie hereby
• * 1.78

  Approves of and confirms the Premises.
• * 1.79

  Power to sue for the Pe∣nalties;
• * 1.80

  And to re∣tayne them to their owne use.
• * 1.81

  Power to the Censors to examine and Correct Phy∣sicians, Apo∣thecaries, &c. and their Medicines;
• * 1.82

  And to pu∣nish them by fine, impri∣sonment or otherwise.
• * 1.83

  Power grant∣ed to the Censors to call before them Physi∣cians and ex∣amine them, and to fine them that refuse to come.
• * 1.84

  To impose a fine upon such as prac∣tise without licence, and to imprison them.
• * 1.85

  Apotheca∣ryes, &c. to testify a∣gainst undue practisers of Physick.
• * 1.86

  If they refuse to testify, they are to forfeit twen∣ty Shillings.
• * 1.87

  Power to search and destroy
• * 1.88

  The Drugs and Medi∣cines of A∣pothecaries, &c.
• * 1.89

  And to exa∣mine them upon Oath or otherwise concerning the same.
• * 1.90

  Power to convent A∣pothecaries, &c.
• * 1.91

  And to fine them for Non-appear∣ance 20 s.
• * 1.92

  And to fine them for de∣fective Medi∣cines 3 l. and Imprison∣ment.
• * 1.93

  Grant of fines, &c. to the Colledge.
• * 1.94

  To have an Hall,
• * 1.95

  And call a Convocati∣on.
• * 1.96

  To make Or∣dinances.
• * 1.97

  To have a Register.
• * 1.98

  Who shall be sworn for the true per∣formance of his Office.
• * 1.99

  Power to ap∣point other Officers, and to give them an Cath.
• * 1.100

  And them upon just cause to re∣move.
• * 1.101

  Power to take Recog∣nizances to his Majesties use.
• * 1.102

  To purchase Lands.
• * 1.103

  Discharged from bearing Armes.
• * 1.104

  To have this confirmed the next Par∣liament.
• * 1.105

  To pay to his Majestie 6 l. per ann.
• * 1.106

  Grant of H. 8.
• * 1.107

  Power to choose a Pre∣sident.
• * 1.108

  Perpetual succession. A Common Seal.
• * 1.109

  Several Pri∣viledges.
• * 1.110

  Letters Pa∣tents, &c.
• * 1.111

  Confirmed A ^o. 14 H. 8. by Act of Parliament.
• * 1.112

  Best constru∣ction to be made there∣of.
• * 1.113

  Several other Powers given by several Acts of Par∣liament.
• * 1.114

  Preamble to the Grant of K. James.
• * 1.115

  Grant of K. James.
• * 1.116

  Confirmati∣on.
• * 1.117

  Grant of se∣veral other Priviledges.
• * 1.118

  Preamble to this Grant.
• * 1.119

  The Grant.
• * 1.120

  Body Poli∣tique.
• * 1.121

  Perpetual succession.
• * 1.122

  Capable to purchase.
• * 1.123

  To grant and dispose.
• * 1.124

  To sue and be sued.
• * 1.125

  Common Seal.
• * 1.126

  Forty fellows constituted.
• * 1.127

  One Presi∣dent, Ten Elects and four Censors.
• * 1.128

  To be chosen as hereafter mentioned. The first for∣ty Fellows.
• * 1.129

  For life if not removed for cause.
• * 1.130

  Sir Edward Alston to be the first Pre∣sident.
• * 1.131

  Ten first E∣lects.
• * 1.132

  For lives if, &c.
• * 1.133

  Four Cen∣sors to con∣tinue till the morrow of St. Michael.
• * 1.134

  Elections duely to be made.
• * 1.135

  Power to make a Vice-President.
• * 1.136

  To exercise the place and power of the President in his absence.
• * 1.137

  Censors to be chosen out of the Fel∣lows.
• * 1.138

  How.
• * 1.139

  New Election of Censors in case of death or removal.
• * 1.140

  New Elects to be chosen on death or removall.
• * 1.141

  How the Fel∣lows are to be chosen.
• * 1.142

  Power to re∣move any of the Elects, Fellows or Censors for cause.
• * 1.143

  Each person his single voice in E∣lection.
• * 1.144

  Where voi∣ces even, a casting voice to the Presi∣dent.
• * 1.145

  The Presi∣dent and all Fellows and Officers to be sworn duely to ex∣ecute, &c.
• * 1.146

  And to take the Oaths of Obedience and Supre∣macy.
• * 1.147

  Three per∣sons to swear the present President, Elects, Cen∣sors and Fel∣lows.
• * 1.148

  Power to the Elects or any two of them to swear the Presidents hereafter chosen.
• * 1.149

  Power to the President to swear the Fellows and all other Of∣ficers hereaf∣ter chosen.
• * 1.150

  To have a Hall.
• * 1.151

  President to call a Court.
• * 1.152

  Not less than 15. President one of them.
• * 1.153

  To treat of matters, &c.
• * 1.154

  To make Laws.
• * 1.155

  To punish by fine or im∣prisonment.
• * 1.156

  So as not re∣pugnant to the Laws of the King∣dom.
• * 1.157

  None to practise in London or within se∣ven miles, except licen∣sed as herein expressed.
• * 1.158

  Under pain of 10 l. for every Month.
• * 1.159

  Power to sue for the same.
• * 1.160

  Power to the President, Vice-Presi∣dent and Censors, or any three of them to su∣pervise pra∣ctisers, &c.
• * 1.161

  Power in them to sum∣mon, censure and punish any Practi∣sers offend∣ing.
• * 1.162

  To examine.
• * 1.163

  Refuse to an∣swer.
• * 1.164

  Not to ex∣ceed 40 s.
• * 1.165

  Power to fine for giving un∣wholsome Physick at will, not ex∣ceeding 10 l.
• * 1.166

  Also to im∣prison, not exceeding 14 dayes.
• * 1.167

  Power to summon per∣sons by Pre∣cept, under hand and Seal.
• * 1.168

  To give an Oath.
• * 1.169

  The person summoned as a Witness to forfeit 20 s. if not appear, or not depose, or refuse the Oath, &c.
• * 1.170

  Power to the Censors to enter houses and search.
• * 1.171

  To examine upon Oath.
• * 1.172

  To burn or destroy such Medicines, &c. as they find defec∣tive or cor∣rupted.
• * 1.173

  Power to summon all Druggists, &c.
• * 1.174

  If not ap∣pear,
• * 1.175

  To fine them at pleasure, not exceed∣ing 20 s.
• * 1.176

  Bad Medi∣cines.
• * 1.177

  Medicines not made according to direction, &c.
• * 1.178

  To fine the party, not exceeding 3 l. for any one offence.
• * 1.179

  To imprison him till pay∣ment.
• * 1.180

  All practisers of Physick in the Country, out of the limits afore∣said, to be licensed by the President and Elects, or any four of them.
• * 1.181

  First to be examined.
• * 1.182

  If able ap∣proved, &c. By testimo∣nial under the hands of the particu∣lar tryers.
• * 1.183

  Power to the President and Elects, &c. to sum∣mon, exa∣mine and give Testi∣monials, &c.
• * 1.184

  Reject per∣sons unfit.
• * 1.185

  None to practise in the Country, till licensed, under pain of 5. l. per Mensem, ex∣cept Gradu∣ates in the Universities.
• * 1.186

  To be reco∣vered as the 10 l. forfei∣ture.
• * 1.187

  All Fines, Forfeitures and Amer∣ciaments to be approved by the next Court, and registred, be∣fore any le∣vy or execu∣tion be had thereof, and after by War∣rant to com∣mit the par∣ty untill, &c. or levy it of his goods.
• * 1.188

  The 10 l. and 5 l. per Men∣sem excep∣ted.
• * 1.189

  Appeal to,
• * 1.190

  Within one Month after the Fine ap∣proved in Court.
• * 1.191

  Visitors Con∣stituted.
• * 1.192

  Power to re∣ceive and de∣termine Ap∣peals, &c.
• * 1.193

  To the said Visitors, or any two of them.
• * 1.194

  To remove the Cause before them.
• * 1.195

  To summon and swear Witnesses.
• * 1.196

  After sen∣tence to re∣mit the Cause.
• * 1.197

  All Judg∣ments in such Appeal to stand good, and no fur∣ther relief or appeal after.
• * 1.198

  Provided if neglect of prosecution, or the Ap∣peal not de∣termined within six Months, the President and Censors to proceed as if no Ap∣peal therein.
• * 1.199

  To proceed on Judg∣ment in Ap∣peal after remitted, as in other case before Ap∣peal.
• * 1.200

  Provided that no Of∣fender be questioned but within a year after the Offence committed.
• * 1.201

  All Fines and Amercia∣ments given to the Col∣ledge.
• * 1.202

  Except the penalties and forfei∣tures on Re∣cognizances.
• * 1.203

  Power to sue for them, and levy them as aforesaid.
• * 1.204

  All the Fines (charges de∣ducted) to go to the poor.
• * 1.205

  6 l. per ann. reserved to the King.
• * 1.206

  Power to choose a Re∣gister.
• * 1.207

  His duty.
• * 1.208

  Power to choose other Officers.
• * 1.209

  To be sworn.
• * 1.210

  To put them out again, &c.
• * 1.211

  To take Re∣cognizances of Offenders.
• * 1.212

  rect. Presi∣dent and Censors or to the Vice-president and Censors in the ab∣sence of the President or any three▪
• * 1.213

  To commit such as re∣fuse to enter into Recog∣nizance.
• * 1.214

  Goalers to receive and detain the Prisoners.
• * 1.215

  Penalty.
• * 1.216

  Liberty to take six Bo∣dies yearly for Anato∣mies,
• * 1.217

  Provided they be bu∣ried after.
• * 1.218

  Liberty to purchase Lands.
• * 1.219

  200 l. per ann.
• * 1.220

  Physicians not to be of Juries, nor Churchwar∣den, Consta∣ble, nor Sca∣venger in London, or seven miles distant, &c.
• * 1.221

  Watch and Ward. Bearing and providing Armes.
• * 1.222

  Confirmati∣on of all for∣mer Grants,
• * 1.223

  Not hereby altered.
• * 1.224

  To consent to a Bill in Parliament for Confir∣mation.
• * 1.225

  Apothecaries and Grocers made one Cor∣poration, 4 Jac.
• * 1.226

  The grounds for this New Charter.
• * 1.227

  Empiricks.
• * 1.228

  Hurtfull Me∣dicines.
• * 1.229

  The Apothe∣caries sepa∣rate from the Company of Grocers.
• * 1.230

  And made an Incorporation.
• * 1.231

  Subject to the Magistracy of the City, as well as o∣thers.
• * 1.232

  The persons first incorpo∣rated, were these 114.
• * 1.233

  Natural Sub∣jects,
• * 1.234

  And their Ap∣prentices.
• * 1.235

  Separated from the Gro∣cers,
• * 1.236

  And exempt from all Fines, Amer∣ciaments, &c. from the same.
• * 1.237

  By the name of the Master, Wardens, &c. made a Body Politick.
• * 1.238

  Capable to purchase Lands, &c. by the same name.
• * 1.239

  In Fee-simple.
• * 1.240

  For term of years, or other∣wise.
• * 1.241

  To sue and be sued.
• * 1.242

  fuerint.
• * 1.243

  To have a Common Seal.
• * 1.244

  At pleasure to be broken or altered.
• * 1.245

  Power to choose a Ma∣ster.
• * 1.246

  Two
• * 1.247

  Wardens, and 21
• * 1.248

  Assistants.
• * 1.249

  To have an Hall or Coun∣cil-house.
• * 1.250

  To keep Court, or a Convoca∣tion.
• * 1.251

  To consult a∣bout Statutes, Laws, Arti∣cles, &c.
• * 1.252

  The Master, Wardens, &c. being 13 in number,
• * 1.253

  To make Laws
• * 1.254

  For the Go∣vernment of the Society.
• * 1.255

  In their Or∣ders, concern∣ing Medi∣cines, to ad∣vise with the President and four Censors of the Col∣ledge of Phy∣sicians.
• * 1.256

  To punish by Fines and A∣merciaments.
• * 1.257

  To the use of the Master, &c.
• * 1.258

  Without gi∣ving account.
• * 1.259

  But to be mo∣derate, and not contrary to Law.
• * 1.260

  Edm. Phil∣lipps first Ma∣ster.
• * 1.261

  Stephen Hig∣gins and Tho. Fones first Wardens.
• * 1.262

  First Assi∣stants.
• * 1.263

  To take an Oath before the Attorney-General, &c.
• * 1.264

  The Master and Wardens to be sworn before the Assistants.
• * 1.265

  Power to the Assistants to choose a Ma∣ster and War∣dens.
• * 1.266

  Power to choose others in case of death or re∣moval.
• * 1.267

  To choose new Assistants,
• * 1.268

  And swear them.
• * 1.269

  Power to ad∣minister the Oath to the Master, War∣dens, &c.
• * 1.270

  No Grocer to keep an Apo∣thecaryes shop,
• * 1.271

  Ʋnder the pe∣nalty of 5 l. Per Mensem.
• * 1.272

  No person to keep a Shop,
• * 1.273

  Till he have served seven years Appren∣tiship.
• * 1.274

  No Appren∣tice to be made free, unless al∣lowed by the President, or some Physici∣an deputed by him, who is to be present at his Examina∣tion by the Master and Wardens.
• * 1.275

  And be exa∣mined.
• * 1.276

  del. tam.
• * 1.277

  Power to en∣ter Shops and Houses▪
• * 1.278

  To search and try Medi∣cines.
• * 1.279

  And burn all unwholsome and hurtfull Medicines.
• * 1.280

  Officers to be assistant to the Master, War∣dens, &c. in their search.
• * 1.281

  Power to buy and sell Drugs, &c▪
• * 1.282

  Power to pur∣chase Lands, &c.
• * 1.283

  Power to sell.
• * 1.284

  To choose a Clerk. Who is also to be sworn.
• * 1.285

  Power to choose a Bea∣dle, And give him his Oath.
• * 1.286

  A saving of the power of the President and Colledge of Physicians, and their Au∣thority.
• * 1.287

  The Colledge to have the same power, in their sear∣ches, to call the Master and Wardens of the Apothe∣caryes Com∣pany, as of the Grocers.
• * 1.288

  What Medi∣cines Surge∣ons may have for their own use.
• * 1.289

  ditionis no∣strae
• * 1.290

  profitebun∣tur
• * 1.291

  Suburbiis
• * 1.292

  medicis
• * 1.293

  illas
• * 1.294

  nuper
• * 1.295

  had endued
• * 1.296

  morbo
• * 1.297

  quo
• * 1.298

  ledebant
• * 1.299

  ditionis.
• * 1.300

  gravium
• * 1.301

  earum
• * 1.302

  del. & hu∣jusmodi
• * 1.303

  dicta
• * 1.304

  authorizat'
• * 1.305

  authorizat'
• * 1.306

  places
• * 1.307

  contingeret
• * 1.308

  Anglic••
• * 1.309

  Action of false impri∣sonment.
• * 1.310

  Action of false impri∣sonment.
• * 1.311

  Serj. Harris the younger.
• * 1.312

  Term. Trin. ann. 8 Car. 1. in B. R.
• * 1.313

  Littleton's re∣ports p. 168. Mich. 4 Car.
• * 1.314

  Stat. 14 H. 8. cap. 5. Stat. 34 H. 8. cap. 8. Stat. 3 H. 8. cap. 11. 1 Mariae c. 9.
• * 1.315

  Stat. 34 H. 8. Stat. 3 H. 8.
• * 1.316

  Stat. 3 H. 8.
• * 1.317

  Pleading. Departure.
• * 1.318

  Patents. Free Trade.
• * 1.319

  Penal Statute. Informati∣on. Courts.
• * 1.320

  Quarter Sess. 21 Jac. c. 4. Informations
• * 1.321

  Information. Forfeiture to the Royal Court.
• * 1.322

  Action popu∣lar. Information. Stat. 14 H. 8. c. 5.
• * 1.323

  Surgery. Stat. 34 H. 8. c. 8. Potions.
• * 1.324

  Stat. repeal.
• * 1.325

  Stat. 34 H. 8. cap. 8. Stat. 1 Mariae.
• * 1.326

  Pleading. Replication. Departure. Novel mat∣ter.
• * 1.327

  Stat. 37 Eliz. cap. 5.
• * 1.328

  Lit. rep. 212.
• * 1.329

  Exposition of the word Medicina. Stat. 14 H. 8.
• * 1.330

  Stat. 3 H. 8. cap. 11.
• * 1.331

  Information. Stat. 8 E. 4.
• * 1.332

  31 Eliz. c. 5.
• * 1.333

  Lit. rep. p. 246.
• * 1.334

  Statutes Ge∣neral. Particular.
• * 1.335

  Pleading. Confess and avoid. Traverse.
• * 1.336

  Corporation. Name.
• * 1.337

  Lit. rep▪ p. 349.
• * 1.338

  London.
• * 1.339

  Lond. ss.