His Most Sacred MAJESTY'S, And His Most Honourable Privy Councils LETTERS, Relating to the College of Physicians. As likewise, A SHORT ACCOUNT Of the Institution, Use and Privileges of that Royal Foundation. By His Majesty's Special Command. LONDON, Printed for Randal Tailor near Stationers-Hall. 1688. JAMES R. TRusty and Wellbeloved, We Greet you well. We having lately Graciously given to you, the Precedent and Commonalty of Our College of Physicians in London, Our Letters Patents, confirming all former Grants of Our Royal Progenitors, together with other Privileges, and more ample Authority, for suppressing all Illiterate and Illegal Practisers of the Art of Physic, in Our City of London, and seven Miles distance; We have thought fit, for the prevention of the great Damages and Inconveniences which our loving Subjects may be exposed to in their Healths, and otherwise, by the unskilfulness of the said Practisers, to Will and Require You, the Precedent and Censors of Our said College, and your Successors, in Pursuance of Our said Letters Patents, as also of the Laws and Statutes of Our Realm, forthwith to do your utmost Diligence to Prosecute and Suppress all such Unlearned and Unlawful Practisers of Physic, as shall presume to act contrary to Our said Letters Patents, and to the Laws of the Realm in that Case provided; And, for your Encouragement therein, We do require all our Judges, Justices of the Peace, and others whom it may concern, to Countenance and Assist you, the Precedent and Censors, in your Prosecution of such Offenders according to Law: And, for the more effectual doing thereof, you are, as occasion shall offer, to demand the Aid and Assistance of the Lord Mayor and Aldermen of Our City of London, whom by Our Letters We have required to give you all Countenance and Assistance in the Execution of this Our Royal Will and Command; Not doubting, but that you will be careful to Suppress such Offenders, and Answer the Trust in this Case committed to you: And so We bid you farewell. Given at Our Court at Windsor, the Third day of July, 1687. in the Third Year of Our Reign. By His Majesty's Command, Sunderland P. To our Trusty and Wellbeloved, the Precedent and Censors of Our College of Physicians in London. JAMES R. TRusty and Wellbeloved, We Greet you well. Whereas, in the Reigns of Our Royal Progenitors of famous Memory, sufficient Provision and Power hath been given and granted by several Charters and Acts of Parliament of Our College of Physicians in London, for the Reforming and Suppressing all Unlawful and Unlearned Practisers of the Art of Physic in London, and within seven Miles distance thereof; And, We having of late in Our Princely Wisdom, thought fit to confirm and enlarge the said Charters by Our Royal Patent granted to the said College; and, resolving to see the said Charters and Acts of Parliament duly put in Execution, have thought fit by these Presents to charge you, the Lord Mayor, aldermans, and Justices of the Peace, within Our said City and the Precincts thereof, that with all readiness you do Aid and Assist the Precedent and Censors for the Time being, of Our said College, or such Officers as the Precedent of the said College shall appoint, in the doing of all such things, as by the said Acts of Parliament or Charters ought to be done, for the Suppressing of all and every such Person or Persons, as contrary to the said Royal Charters and Acts of Parliament shall dare to adventure in the Practice of Physic, upon any of Our Subjects in the City of London, or the Suburbs and Precincts of the same: And, to the Intent, that this Our Purpose, tending to the Safety of Our Subjects, and the Suppression of Unlawful and Ignorant Practitioners, may with more Diligence and Authority be effected, We do Will and Command you, the Lord Mayor of Our City of London, that at your next Sessions, these Our Letters may be so read and published, that all Justices of the Peace, as well within Our said City, as also the Suburbs and Precincts of the same, may take knowledge of this Our Pleasure and Command: And so We bid you farewel. Given at Our Court of Windsor, the Third day of July, 1687. and in the Third Year of Our Reign. By His Majesty's Command, Sunderland P. To the Lord Mayor of Our City of London. WHEREAS, by the Laws and Statutes of the Realm, Power is given to the Precedent and Commonalty of the Faculty of Physic in London, or to such, as they the said Precedent and College for the Time being, shall according to the Statutes in that behalf made, Authorise to have the Fine, Search, Correction and Government of all Persons using the Faculty of Physic in London, and the Suburbs thereof, and seven Miles distance, and to punish all such as shall Unlawfully Use or Practise the said Faculty within the said Precincts, contrary to the true Intent and Meaning of the Statute in that Case made; with this further Authority, That all Justices, Mayors, Sheriffs, Bailiffs, Constables, and other Ministers and Officers within the City of London and Precincts aforesaid, upon Request to them made, should Help, Aid and Assist the Precedent of the said College, and all Persons by the said Precedent and Commonalty from time to time Authorized for the Execution of the Acts and Statutes in that behalf made, upon Pain, for not giving such Aid, Help and Assistance, to run in Contempt of the King's Majesty, His Heirs and Successors; And, whereas there are sundry Vunskilful Persons within the Precincts and Limits aforesaid, who do use and practise the said Faculty, contrary to the Statutes of this Realm in that Case provided, and to the great Peril and Danger of the Lives of many of His Majesty's Subjects; These are to Will and Require you, and in his Majesty's Name straight to Charge and Command you, that henceforth at all time and times, you, according to the Tenor of the said Act, be Aiding and Assisting unto the said Precedent, and to those that shall be Authorized by the said Precedent and College, for the Apprehending of all such persons, as shall Unlawfully Use and Practise the said Faculty within the Limits aforesaid, contrary to the Intent and Meaning of the Statutes aforesaid, when they or any of them shall given you Notice of, and require it; and thereupon to bring them before the said Precedent, or those Authorized, as aforesaid, to their College, there to be Examined and Proceeded against, as to the Law in that Case shall appertain. Whereof fail you not, as you, or every of you, will answer the Contempt in that behalft made. Dated at the Court at Hampton Court, the Sixteenth day of July, 1687. Jefferys C. Sunderland P. Arundel C. P. S. Albemarle Peterborow Bath Middleton Craven Dartmouth Ormond Powis Mulgrave Phil. Musgrave. To all Justices, Mayors, Sheriffs, Bailiffs, Constables, Head boroughs, and all other His Majesty's Officers and Ministers, to whom this shall or may appertain, within the City of London, Suburbs and Liberties thereof, and the Limits within mentioned, and to every and either of them. A short Account of the Institution and Nature of the College of Physicians, London. THE College of Physicians in London (first Founded and Constituted by the Charter of King Henry VIII. in the Tenth Year of his Reign, and afterward confirmed and enlarged in its Privileges and Jurisdictions by several Acts of Parliament, and Charters granted by Himself and Royal Successors,) consists of a Precedent, Fellows, Candidates, Honorary Fellows, and Licentiates. 1. The FELLOWS Are Doctors of Physic, chosen out of the Candidates, who have been always limited to a certain Number, and are now confined to the Number of Fourscore, by His present Majesties Gracious Charter: Out of these are chosen the Precedent, Elects, Censors, and other Officers of the College, who, with the rest of the Fellows, are solely concerned in the Governing Part of the College, and have a Voice in the making and rescinding any Statutes, Orders, or by-Laws, relating to Physic and the Practice thereof. 2. CANDIDATES Must be Doctors in Physic, admitted to that Degree in one of our Own Universities, must not be Foreigners, and aught to have practised Physic Four Years before they are admitted into that Order; out of these, as the Seminary, the Fellowships are filled up, as they become vacant, in a perpetual Succession. 3. HONORARY FELLOWS Are such Doctors in Physic, as by reason of their being Foreigners, or having taken their Degrees in some University beyond the Seas, are not incorporated into either of Ours; or, for some other reason (having not been Candidates) are not of the Number of those who have Votes in the Affairs of the College. 4. LICENTITATES Are such other Persons Skilled in Physic, who by reason of their being Foreigners, or their not being admitted Doctors in one of Our Universities, or for their not being Eminently Learned, or by reason of their too great Youth, or such like Causes, are not capable to be Elected into the Number of the Candidates; yet may, notwithstanding, be serviceable to the Public in taking Care of the Health of the King's Subjects, at least in some particular Disease. NOW, of all these several Ranks and Degrees of Practisers in Physic, none of them is confined to any certain Number but the Fellows and Candidates; so that the Rest being wholly unlimited, no Person can be excluded out of the College, or debarred from Practice, but such as are so wholly illiterate and unskilful, that they dare not adventure to submit themselves to the Examination and Judgement of the Precedent and Censors of the College, either as to the Goodness of their Medicines, or their own Skill in all, or any Part of Physic; though the Precedent and Censors be Men strictly sworn to do justice to all Persons, who shall present themselves, or their Medicines, to their Scrutiny and Examination. From hence it manifestly follows, That the College of Physicians is very far from being a Monopoly, since it cannot reject any of the King's Subjects who are duly qualified for the Exercise of all, or any Part of Physic; and therefore, all Pretenders to Secret Medicines, or to the Practice of Physic, without Licence first had from the College, are justly prosecuted and punished as Public Cheats and Impostors (conscious to themselves of Fraud in their Medicines, and Insufficiency in their pretended Skill in Physic) according to the just and wholesome Laws in that Case provided; For which purpose, and for the Encouragement of Legal and Learned Practisers in Physic, the College of Physicians is invested with several Powers and Privileges, partly by the express Laws of the Land, and several Royal Charters; and partly by such Statutes and Orders of the College, as have been made in Pursuance thereof. An Account of some of which are here Printed, for the more Public Information of all the King's Subjects, so that none may hereafter pretend Ignorance in these Matters. 1. The Censors of the College are entrusted with the Government, Scrutiny, Correction and Supervision of all Persons practising Physic within the City of London, and Seven Miles Compass, together with all their Medicines, Bills and Prescriptions whatsoever; so as that they may punish Offenders by Fines, Amerciaments, Imprisonments, and other reasonable Methods. 2. No Person in the Country (except Graduates in Physic in either of Our Universities) can have a Licence to practise Physic from the Lord Bishop of the Diocese, till he be first examined approved by the Precedent and Three Elects of the College, and receive their Letters Testimonial for that Purpose. 3. All Persons practising Physic in the City of London, and Seven Miles Compass, without Licence first had of the College of Physicians, after due Examination, whether mere Empirics and Unlearned Persons, or any other whatsoever, are to be prosecuted at Law, and upon Conviction to pay Five Pounds for every Months Practise proved against them; and, if they happen to be Apothecaries, may also (according to the ancient Practice, and laudable Custom of the College, enforced by a former, as likewise by a late Statute) be discommuned; so that no Member of that Society ought, upon Notice thereof, to suffer any of his Bills or Prescriptions to be sent to any such Apothecary. 4. Any Person practising Physic Illegally, that is, without Licence first had from the College of Physicians, if his Patient shall happen to die under his Hands, is indictable at Common Law for the Loss of one of the King's Subjects. 5. Upon Complaint made by any Person to the Precedent and Censors against any Practiser of Physic, within the City of London, and Seven Miles Compass, whether he be a Licenced Physician or not, for having prescribed any Unfitting or Unwholesome Medicine to his Patient; the said Precedent and Censors have full Power and Authority to receive any such Complaint, to summon the Person offending to appear before them at their Board; to summon, and examine Witnesses, and to hear and determine the Matter; and, if the Person accused be found guilty of Ill Practice, they have Power to set a Fine upone him to any Sum not exceeding Twenty Pounds, and by the Warrant of the Censors to commit him to any Prison of the City (except the Tower of London) till he shall have paid the aforesaid Fine, and made due Submission to the College; so that all Persons who are injured in their Bodies and Healths by Unskilful Practisers, may there have certain and speedy Redress. 6. By the King's late Gracious Charter, the sole Power of Licensing all Books, Papers, etc. relating to Physic and Chirurgery, and the Practice thereof, is, after the Expiration of the Act of Printing, granted to the Precedent and Censors of the College of Physicians; And, in the mean Time, is by them exercised by Favour of his Grace the Archbishop of Canterbury, who has been pleased to give them his Deputation for that Purpose; by which Means, frivolous and useless Books in Physic and Chirurgery, will for the future be in great measure Prevented, and the Scandalous Bills of Empirics and Impostors in that Faculty stifled and suppressed. 7. Any Physician Licenced by the College, may exercise the Science of Physic in all and every of its Parts, any Act, Statute or Provision made to the contrary notwithstanding; so that he may, as often as he pleaseth, practise Chirurgery and Pharmacy, or the making and compounding Medicines for the Use of any of his Patients. THESE are some of those Privileges and Powers, which the Royal Wisdom of our Princes, by their Charters and in their Parliaments, have thought fit to grant unto the College of Physicians, for the better Reformation of divers Abuses and Enormities happening to the Commonwealth, by the evil using and undue Administration of Physic: And therefore, since the College was first Founded for that very Purpose, and afterwards (almost in every Prince's Reign) strengthened and armed with fresh Powers and Authority to the same Intent; since all the Members of the College have given their Faith, or solemnly sworn that they will do their utmost Endeavours to suppress all Illiterate and Illegal Practitioners; since not only by former Acts of Parliament, and Royal Charters, but also by that of His present Majesty, and by his Particular Letters Mandatory we are strictly commanded so to do: We should be eminently guilty, not only of the greatest Remissness, and most supine Negligence, but also of open Breach of our solemn Oaths and Faith, and manifest Disobedience to our Prince, if we should not exert the Authority committed to us, for the vindicating of the Practice of Physic out of the Hands of Ignorant Mechanics, and other Illegal Invaders of that Liberal Faculty. And whereas, in all Trades and Corporations of this City, constituted for Private Benefit, not for Public Use, and that by Charter only, not by the Statute-Laws of the Land, do without Blame or Envy inform against any Intruders, so as not to suffer any neighbouring Trade to break in upon them, but that by severe Mulcts and Fines constantly imposed upon Offenders, they vigorously maintain their respective Bounds and Limits; I cannot be thought hard and unreasonable in the College of Physicians alone (being constituted of men of generous and liberal Education, and instituted for Public Benefit, confirmed not only by repeated Charters, but several Acts of Parliament, out of which no Person of sufficient Capacity and Learning can be excluded) to assert its Own Constitution and Privileges, by legally punishing such Persons as shall boldly invade the Liberties of that Society; especially, when so precious a thing as the Healths and Lives of the King's most eminent Subjects, residing in and about this City, are herein concerned. For the Discharge therefore of that Duty incumbent upon them, viz. to preserve the Healthful State of the King's Súbjects, etc.) the present College have taken all imaginable Care so to regulate the Practice of Physic, as that no Person may be neglected or aggrieved: The known Poor and Meaner Families are abundantly and prudently provided for, by a late Order for that Purpose. It is well known, that in Families of Middle Rank, the Physicians are moderate in their Expectations and Demands; and for those that are Rich and Noble, Liberality is inseparable from their Quality and Breeding. We are also fully resolved, for the Public Good, to encourage and protect those two necessary Instruments of Physic, the Surgeons and the Apothecaries (the latter of which own their Charter and Knowledge of Medicines to the Favour of the College) so long as they shall contain themselves within the Limits of their own Professions; and, in short, to do all other things necessary for the vindicating and perpetuating of the Faculty of Physic, that so the Young Students in our Universities, may not be discouraged from applying themselves to the Study of a Science, so useful to the Commonwealth; nor that Profession be invaded by the Vulgar, which hath been the usual Support of the Younger Sons of the Gentry of this Kingdom. FINIS.