A COLLECTION OF Acts of Parliament, Charters, Trials at Law, and Judges Opinions Concerning Those GRANTS to the College of Physicians London, taken from the Originals, Law-Books, and Annals.  
Commanded By Sir EDWARD ALSTON Kt. Precedent, and the Elects and Censors.  
Made by CHRISTOPHER MERRETT, Fellow and Censor.  
Anno Dom. 1660.   

CONTENTS.  

ACts, 3. H. 8. pag. 1.  
Search for the Original, 122, 123  
ACts, 14, 15. H. 8. 3.  
ACts, 32. H. 8. 14, 18.  
ACts, 34, 35. H. 8. 27.  
ACts, 1. Mariae 30.  
Surgeons and their Liberties, 18.  
Charters, 10. H. 8. pag. 3.  
Confirmed, 9, 11, 19, 30, 34, 39, 40, 41, 61.  
Queen Eliz. for Anatomies, 34.  
King James, 37.  
to be confirmed next Parl. 62.  
An Abridgement of it, 134.  
Allowed in the Exchequer. 65.  
His Letter in prosecution of it, 130.  
The like from his Council, 133.  
Trials, College versus Gardiner, 67, 110, 112.  
Trials, College versus Dr. Bonham, 75.  
Bug, 65,  
Trials, College versus Barton, 101.  
Trials, College versus Jenkins and Read, 113.  
Trials, College versus Barker, 122.  
Trials, College versus Trigge, 124.  
Trials, College versus Blank, 124, 133.  
Trials, College versus Butler, 133.  
Bonham versus College, 79.  
Butler versus College, 106.  
Concerning the King's Physicians, 129.  
Lord chief Justice Pophams' Resolves, 113.  
Lord Chancellor, Chief Justice, and Judges, resolves, 116.  
Several trial's nonsuits and directions, 122, 123, 124, 133.  
1. Form of a Declaration, 67.  
2. an Information in the Exchequer, 67.  
3. a Warrant to commit to prison, 101.    

PRIVILEGES.  

Coll. Incorporated, pag. 4, 5.  
To choose a Precedent, 5  
To have a Common Seal, 6.  
To purchase Lands, 6, 60  
To plead and be impleaded, 6, 124.  
To make by-Laws, 6, 56  
To have a Hall and meetings, 55.  
To imprison non-payers of fines, 52.  
To have all fines, 53, 57  
To pay 6 l. per annum for those fines, 63.  
Not to be in Inquests, juries, etc. 8.  
Freed from Watch, Ward, and Offices, 15.  
Freed from Arms, compare 19, & 22. 61, 126.  
May practise Chirurgery, 18.  
Elects to be chosen, 10.  
What Physicians they may licence, 11  
Register his office and oath, 57, 58  
Officers to choose and swear, 58, 59  
Censors are to be yearly chosen, & their office concerning Physicians and Medicines, 7  
May fine and imprison for mala praxis, 7, 31, 32, 47  
And for that only, 97, 98  
Keepers to receive whom they commit to prison, 31  
Must be sworn, 16.  
their forfeiture for nonswearing and searching, 16  
May search Apothecaries, etc. shops, 16, 32, 44, 50, 52  
Apothecaries refusing search, how fined, 17, 33.  
May summon, examine, fine, and convent Physicians and witnesses, 45, 51.  
May fine and imprison witnesses not appearing, etc. 46  
May swear witnesses, 49.  
May take a bond of 100 l. for no farther practice, 59  
May punish non admissos, and how, 47.  
Discovery of offenders, and how, 48  
May convent Apothecaries, etc. 51  
Admitted by the Universities, 3, 11, 75  
College, 7.  
Bishops, 2, 3.  
Elects, 11  
Penalty of non admissi, 2, 7, 42  
By the Common Law, 66  
In what cases any person may Practise, 27.    

ANNO TERTIO HENRICI Octavi.  
CAP. XI. By whom every Physician and Chirurgeon shall be allowed.  
TO the King our Sovereign Lord, and to all the Lords Spiritual and Temporal, and Commons in this present Parliament assembled. For as much as the science and cunning of Physic and Chirurgery (to the perfect knowledge whereof, be requisite both great learning and ripe experience) is daily within this Realm exercised by a great multitude of ignorant persons: of whom the greater part have no manner of insight in the same, nor in any other kind of learning: some also can no letters on the book, so 
Inconveniences ensuing by ignorant persons practising Physic or Chirurgery.  far forth that common Artificers, as Smiths, Weavers, and women boldly, and customably take upon them great cures, and things of great difficulty: in the which they partly use sorcery and witchcraft, partly apply such medicines unto the disease, as be very noyous, and nothing meet therefore, to the high displeasure of God, great infamy to the Faculty, and the grievous hurt, damage, 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 authority of this present Parliament Enacted, That no person within the City 
By whom they which practise Physic or Chirurgery in London, etc. shall be allowed. St. 14. H. 8. 5. 34. H. 8. 8.  of London, nor within seven miles of the same, take upon him to exercise, and occupy as a Physician or Chirurgeon, except he be first examined, approved, and admitted by the Bishop of London or by the Dean of Paul's, for the time being, calling to him or them, four Doctors of Physic, and for Chirurgery, other expert persons in that Faculty, and for the first examination such as they shall think convenient, and afterward always four of them that have been so approved, upon the pain of forfeiture, for every month that they do occupy as Physicians or Surgeons not admitted not examined after the tenor of this Act, of v. li. to be employed, the one half thereof to the use of our Sovereign 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.  
And over this, that no person out of the said 
A Physician or Chirurgeon allowed by the Bishop of the Diocese.  City and precinct of seven. miles of the same, except he have been (as is aforesaid) approved in the same, take upon him to exercise and occupy as a Physician or Chirurgeon, in any Diocese within this Realm, but if he be first examined and approved by the Bishop of the same Diocese, or he being out of the Diocese, by his Vicar general: either of them calling to them such expert persons in the said faculties, as their discretion shall think convenient, and giving their Letters testimonials under their Seals to him that they shall so approve, upon like pain to them that occupy contrary to this Act (as is above said) to be levied and employed after the form before expressed.  
Provided always that this Act nor any thing 
The Privileges of Oxford and Cambridge.  therein contained, beprejudicial to the Universities of Oxford and Cambridge, or either of them, or to any privileges granted to them. Rast. pla. fol. 426.   

Anno xiiii & xv. Henrici octavi.  
CAP. V The privileges and authority of Physicians in London  
IN their most humble wise show unto your Highness, your true and faithful subjects, and liege men, John Chambre, Thomas Linacre, Fernandus de Victoria, your Physicians, and Nicholas Halsewell, John Frances, and Robert Yaxley, and all other men of the same faculty within the City of London and seven miles about, that where your Highness (by your most gracious Letters Patents, bearing date at Westminster the 23. day of September, 
A body corporate of the faculty of Physic within London and seven. mile's compass. Anno 10. H. 8.  the tenth year of your most noble reign) for the Commonwealth of this your Realm; in due exercising and practising of the faculty of Physic, and the good ministration of medicines to be had, have incorporate and made of us, and of our Company aforesaid, one body and perpetual Commonalty or Fellowship of the faculty of Physic, and to have perpetual succession and common seal, and to choose yearly a Precedent of the same Fellowship and Commonalty, to oversee, rule and govern the said Fellowship and Commonalty, and all men of the same faculty, with divers other liberties and privileges, by your Highness to us granted, for the Commonwealth of this your Realm, as in your said most gracious Letters Patents more at large is specified and contained, the tenor whereof followeth in these words.  

HEnricus Dei gratia, Rex Angliae & Franciae, & Dominus Hiberniae, Omnibus ad quos praesentes literae pervenerint, Salutem. Cum Regii officii nostri munus arbitremur ditionis nostrae hominum faelicitati omni ratione consulere: ● Id. autem vel in primis fore, si improborum conatibus tempestive occurramus, apprime necessarium duximus, improborum quoque hominum, qui medicinam magis avaritiae suae causa quam ullius bonae conscientiae fiducia profitebuntur, unde rudi & credulae plebi plurima incommoda oriantur, audaciam compescere. Itáque partim bene institutarum civitatum in Italia, & al●is multis nation●bus exemplum imitati, partim gravium virorum Doctorum Joannis Chambre, Thomae Linacre, Fernandi de Victoria medicorum nostrorum, Nicholai Halsewel, Joannis Francisci, & Rob. Yaxley, medicorum, ac precipuè reverendissimi in Christo patris, ac●domini, dom. Thomae Tituli sanctae Ceciliae, trans Tiberim sacrosanctae Romanae Ecclesiae Presbyteri Cardinalis, Eboracensis Archiepiscopi, & Regni Nostri Angliae Cancellarii charissimi, 
A perpetual College of Physicians erected and granted in London and the Suburbs.  simi, precibus inclinati, Collegium perpetuum doctorum & gravium virorum, qui medicinam in urbe nostra Londino & suburbibus intráque septem millia passuum, ab●ea urbe quaquaversus publice exerceant, institui volumus a●que imperamus. Quibus tum sui honoris tum publicae utilitatis nomine, curae ut speramus erit, malitio●●sorum, quorum meminimus, inscientiam temeritatémque, tam exemplo gravitatéque sua deterrere quam per leges nostras nuper editas, ac per constitutiones per idem collegium condendas punire. Quae quo facilius rite peragi possint memoratis Doctoribus Johanni Chambre, Thomae Linacre, Fernando de victoria medicis nostris, Nicholas Halsewell, Joanni, Francisco, & Roberto Yaxley, medicis conc●ssimus, quod ipsi omnésque homines ejusdem facultatis de & in civitate praedicta, sint in re & nomine unum corpus & communitas perpetua, sive Collegium perpetuum. Et quod● eadem communitas sive collegium singulis annis in perpetuum eligere possint & facere de communitate illa aliquem providum virum & in facultate medicinae expertum in praesidentem ejusdem 
A precedent of the College, and his office and duty. The College shall have perpetual succession and a common seal. They shall be of ability to purchase land.  Collegii sive communitatis, ad supervidend. recognoscendum, & gubernand. pro illo anno Collegium, sive communitatem praed. & omnes homines ejusdem facultatis & negotia eorundem. Et quod idem praesidens & collegium sive communitas habeant successionem perpetuam, & commune sigillum negotiisdict●●● communitatis & praesidentis in perpetuum serviturum. Et quod ipsi & successores sui in perpetuum sint personae habiles & capaces ad perquirendum, & possidendum in feodo & perpetuitate terras & tenementa, redditus & alias possessiones quascunque.  
Concessimus etiam eis & successoribus suis pro nobis & haeredibus nostris, quod ipsi & successores sui possint perquirere si●i & successoribus suis, tam in dicta urbe quam extra, terras & tenementa quaecunque, annuum valorem duodecim librarum non excedendum. Statuto de alienatione admanum mortuam non obstante. Et quod ipsi per nomina praesidentis Collegii, seu communitatis facultatis medicinae Lond. pl' itari & impl' itari possint coram quibuscúnque Judicibas in curiis & actionibus quibuscúnque. Et quod praedict. praesidens & 
They must sue and be sued.  Collegium sive communitas, & eorum successores congregationes licitas & honestas de seipsis ac Statuta & Ordinationes pro salubri gubernatione supervisu & correctione Collegii, seu communitatis praedictae, & omnium hominum eandem facultatem in dicta civitate 
They must make lawful assemblies, and ordinances for government.  seu per septem miliaria in circuitu ejusdem civitatis exercen. secundum necessitatis exigentiam (quoties & quando opus faerit) facere valeant licite & impune, sine impedimento nostri, haeredum vel successorum nostror. justiciariorum, escaëtorum, vicecomitum, & aliorum ballivorum, vel ministrorum nostrorum haeredum vel successorum nostrorum quorumcunque. Concessimus etiam eisdem praesidenti & Collegio, seu communitati & successoribus▪ suis, quod nemo in dicta 
No man shall practise Physic in London or seven. miles thereof, unless he be allowed.  civitate, aut per septem milliaria 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 eandum facultatem exercuit, dimidium in●e nobis & haeredibus nostris, & dimidium dicto praesidenti & Collegio applicandum.  
Praeterea volumus & concedimus pro nobis & successoribus nostris (quantum in nobis est) quod per praesidentem & Collegium praedictae communitatis pro tempore existen. & eorum successores in perpetuum quatuor singulis annis per ipsos eligantur, qui habeant supervis●m & scrutinium, correctionem & gubernationem, omnium & singulorum dictae civitatis medicorum 
Four Physicians of London shall be yearly chosen to have the oversight of the others.  utentium facultate medicinae in eadem civitate, ac aliorum medicorum forinsecorum quorumcunque facultatem illam medicinae aliquo modo frequentantium & utentium infra eandem civitatem & suburbia ejusdem, sive intra septem milliaria in circuitu ejusdem civitatis, ac punitionem eorundem pro delictis suis in non bene exequendo faciendo & utendo illa. Necnon supervisum & scrutinium omni modo medicinarum & earum reception. per dictos medicos, seu aliquem eorum hujusmodi ligeis nostris pro eorum infirmitatibus curandis, & sanandis, dandis, imponendis, & utendis quoties & quando opus fuerit pro commodo & utilitate eorundem ligeorum nostrorum. It a quod punitio hujusmodi medicorum utentium dicta facultate medicinae, sic in praemissis delinquentium per fines, amerciamenta, & imprisonamenta corporum suorum & per alias vias rationalibiles, & congruas exequatur.  
Volumus etiam & concedimus pro nobis haeredibus & successoribus nostris (quantum in nobis est) quod nec praesidens, nec aliquis de Collegio praedicto medicorum, nec successores sui, nec eorum aliquis exercens facultatem illam, quoquo modo in futur. infra civitatem 
Physicians shall not be summoned in Juries in London. St. 32. H. 8. 40.  nostram praedictam, & suburbia ejusdem seu alibi summoneantur, aut ponantur neque eorum aliquis summoneatur, aut ponatur in aliquibus assisis, juratis, inquestis, inquisitionibus, attinctis, & aliis recognitionibus infra dictam civitatem, & suburbia ejusdem imposterum coram Majore ac vicecom. seu coronatoribus dictae civitatis nostrae pro tempore existen▪ capiendum, aut per aliquem officiarium, seu ministrum suum, vel officiarios sive ministros suos summonend. licet iidem jurati, inquisitiones, seu recognitiones summon. fuerint super brevi, vel brevibus nostris, vel haeredum nostrorum de recto, sed quod dicti magistri, sive gubernatores, ac communitas facultatis antedictae, & successores sui & eorum quilibet dictam facultatem exercentes, versus nos, haeredes & successores nostros, ac versus majorem & vicecomites civitatis nostrae praedictae (pro tempore existente) & quoscúnque officiarios & ministros suos sint inde quieti, & penitus exonerati in perpetuum per praesentes.  
Proviso quod literae nostrae, seu aliquid in eis content. non cedent in prejudicium civitatis nostrae L●nd. seu libert. ejusdem. Et hoc absque fine seu fe●do pro praemissis, seu sigillat. praesentium nobis faciend●, solvenda, vel aliqualiter reddenda, aliquo Statuto, ordinatione, vel actu in contrarium, ante haec tempora facto, edito, ordinato seu proviso in aliquo non obstante. In cujus rei testimonium has literas nostras fieri fecimus patentes. Test● meipso apud Westmonasterium, xxiii. die Sept. An. reg. nostri x. Per ipsum regem & de data praedicta authoritate Parl.  
Tunstall.   
ANd for so much that the making of the said Corporation is meritorious, and very good for the Commonwealth of this your Realm, it is therefore expedient and necessary to provide, that no person of the said politic body and Commonalty aforesaid, be suffered to exercise 
Character of Physicians.  and practise Physic, but only those persons that be profound, sad, and discreet, groundly learned, and deeply studied in Physic.  
In consideration whereof, and for the further authorising of the same Letters Patents, and also 
The King's Letters Patents and every Article therein confirmed.  enlarging of further Articles for the said Commonwealth to be had and made: Pleaseth it your Highness, with the assent of your Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, to enact, ordain, and establish, that the said Corporation of the said Commonalty and Fellowship of the faculty of Physic aforesaid, and all and every Grant, Article and other thing contained and specified in the said Letters Patents, be approved, granted, ratified and confirmed in this presen Parliament, and clearly authorised and admitted by the same good, lawful, and available to your said body Corporate, and their Successors for ever, in as ample and large manner as may be taken, thought, and construed by the same. And that it please your Highness, with the assent of your said Lords Spiritual and Temporal, and the Commons in this your present Parliament assembled, further to enact, ordain, and establish, That the six persons beforesaid, in your said most gracious▪ Letters Patents named as principals, and first named of the said Commonalty and Fellowship, choosing to them two more of the said Commonalty from hence forward, be called and cleped Elects. And that the same Elects yearly choose one of them 
There shall be eight Elects of the Physicians of London.  to be Precedent of the said Commonalty, and as oft as any of the rooms and places of the same Elects shall fortune to be void, by death or otherwise, than the Supervivors of the same elects (within thirty or forty days next after the death of them or any of them) shall choose, name, and admit one or more, as need shall require, of the most cunning and expert men, of and in the said faculty in London, to supply the said room and number of eight persons. So that he or they that shall be so chosen, be first by the said Supervivors straightly examined, after a form devised by the said Elects, and also by the same Supervivors approved.  
And where that in Dioceses of England out 
Physicians in other places must be examined by the Precedent and three of the Elects. 3. H. ●. 11.  of London it is not light to find always men able sufficiently to examine (after the Statute) such as shall be admitted to exercise Physic in them, that it may be enacted in this present Parliament, That no person from henceforth be suffered to exercise or practise in Physic through England, until such time that he be examined at London by the said Precedent, and three of the said Elects: and to have from the said Precedent or Elects Letters testimonials of their approving and examination, except he be a Graduate of Oxford or Cambridge, which hath accomplished all things for his form, without any grace. St. 32. H. 40. 1. M. 9 Coke li. 8. fo. 14.  

At the head of the Parl. Roll.  
PArliamentum inchoatum & tentum in Civitate Londonniar▪ quinto decimo die Aprilis Anno 
Prorogation of the Parl.  Regni metuendissimi ac potentissimi Regis, Henrici octavi fidei defensoris quarto decimo & deinde prorogatum usque Westm. & ibidem tentum die veneris ultimo die Julii Anno ejusdem Regis quinto decimo.   

At the foot of the same Roll.  
Die Mercurii vicesimo nono die mensis Julii Cmo xvimo die Parliamenti peste in dies magis & magis in urbe Londino ac praesertim circa palatium Dni Regis de Bridewell invalescente Reverendissimus Dus Legatus Cancellarius exhibuit, ostendit certis Dnis spiritualibbus & temporalibbus quandam Commissionem Dni 
Adjournment of the Par●.  Regis magno sigillo suo sigillatam cujus tenor sequitur in hec verba Henricus octavus dei gra. Angl. & Franc. Rex. sidei defensor & Dns hibn, reverendissimo in Xp● pa●ri intimoque ac dilcissimo Consiliario suo Dno Thome miseratione divin● tituli sce Cecilie sacorste Roman Ecclie presbytero Cardinali Ebor Archiep● Angl. primati aplice sedis etiam de latere legato Cancellar. suo salt●, Sciatis qd propter infeccoem a●ris pestiferi ubique per Civitatem nram London▪ invalescentem de advisamento & assensu consilii nri assignavimus vos ac vobis tenore presencium committimus potestatem & auctoritatem spialem ad presens Parliamentum nrm usque Westm▪ ad diem Veneris prox. futur. prorogand. & continuand. ibidemque tenend. dantes ulterius uniusis & singulis tam Archepis Epis Abbibbus Prioribbus Ducibbus Comitibbus vicecomitibbus Baronibbus Militibbus Civibbus Burgensibbus qm omnibus aliis quor. interest ad dictum Parliamentum nrm praedict. conventur. tenore presencium sirmiter in mandatis qd vob. in premissis faciend. & exequend. pareant obediant & intendant prout decet. In cujus rei Testimon. has Iras nras fieri fecimus Patentes, Teste meipo apud Westm. xxix. die Julii Anno Regni nri Quinto decimo. Qua quidem Commissione publice per Clicum Parliamenti lca dcus Reverendssimus Dns Legatus Cancellarius virtute ejusdem Commissionis prorogavit continuavit & adjornavit presens Parliamentum usque Westm. ad diem veneris tunc. prox. futur. ibidemque tenend. hora consueta Mandavit insuper dcus Reverendissimus Dns Legatus Cancellarius Attorn. & Solicitatori Dui Regis qd assumpta secum dca Commissione die sequenti accederent in domum Coem intimaturi eis de domo coi dcam prorogacoem continuacoem & adjornacoem lcurique coram eis dcam. Commissionem ad intencoem quod ipsi Coes diem prefixum apud Westm. observent prout decet.  
Die Jovis tertio decimo die mensis Augusti Cxxx. 
Confirmation of this Act, etc.  die Parliamenti ad horam ferme sextam post meridiem Dno Rege in sol●o matis. sedente in Camera vulgariter dca Camera Parliamentor. infra pala●ium suum Westm. assidentibbus dnis tam spiritualibbus hatibbus sive robis Parliamentaribbus decoratus presente etiam de domo coi sive inferiori toto populo & plebe Thomas Moor miles eor. Prolocutor. silentio prius indict. gravit. eloquent. & magno cum honoris & humilitatis ac modest. honestament. regiam affatus est Matem. ●and. summis & merit. quidem extolle●s laudibbus dotes graves nature & fortune eidem sue Mati. a Deo maximo concessas copiosissime prosequebatur magnam in prudencia excellenciam promptam fortitudinis agilitatem mirum temperancie moderamen divinum justitie ardorem Innatam clemencie erga subditos benignitatem subditor. erga eandem suam majesta●em amorem obedientiam ac debitam observantiam multa per exempla declarabat In cujus rei comprobaconem quoddam scrip●um Indentatum concessionem cujusdam maximi Subsidii in se continen. Regiae Mati. optulit Argumentum certe evidentissimum sūme devocois ●onor. Regem subditor. Cui tam excellenti ●racoi fine● t●m imposito dictus Reverendissimas Dns Legatus Cancellarius Dno Rege prius consult. singula egregie recitando respondebat, Quo fact. idem Reverendissimus Dns Legatus Cancellarius Acta omnia▪ in presenti Parliamento pro bono publico edita & fca ex mandato Dni Regis recitari & publicari jussit Quibus ex ordine per inicia recitatis & lcis & singulis per Clcum Parliamenti responcoe secdm ann●tacoes Regiae voluntatis declarativas a dorso scriptas fca dictus Reverendissimus▪ Dns legatus Cancellarius exhortando & admonendo noie Regis omnes Dnos & Coes supradictos ut diligent. ordinata & Statuta pro bono publico in hoc Parliamento observarent & ab aliis observari procurarent post grat. ex parte Dni Regis accoem dict. Dnis & Coibbus pro ●or. diligenti & laboriosa perseverancia circa expedicoem premissor. Parliamentum predictum noie Regio duxit finiend. & dissolvend. & illud realit. finivit perit & dissolvit concedens omnibbus liberam ad propria recedendi facultatem Anno Regni sup. dicti metuendissimi ac potentissimi Dni nri Regis Quinto decimo.    

Anno xxxii. Henrici octavi.  

CAP. XL. Privileges granted to Physicians in London.  
IN most humble wise shown unto your Majesty your true and faithful subjects, and liege men, the Precedent of the corporation of the commonalty and fellowship of the science and faculty of Physic in your City of London, and the Commons of the fellows of the same, that whereas divers of them many times having in cure, as well some of the Lords of your most honourable Council, and divers times many of the Nobility of this Realm, as many other your faithful and▪ liege people, cannot give their due attendance to them and other their patients with such diligence, as their duty were and is to do, by reason they be many times compelled as well within 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 
The Physicians in London shall be discharged to bear certain offices there.  Precedent of the said Commonalty and fellowship for the time being, and the commons and fellows of the same, and every fellow thereof that now be, or that 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 and ward, in your said City of London, or the Suburbs of the same, or any part thereof: And that they or any of them shall be chosen Constable, or any other officer in the said City or Suburbs. And that if any time hereafter the said Precedent for the time being, 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.  
And that it may please your most royal Majesty, by the authority aforesaid, that it may be further enacted, ordained and established, for the Commonwealth and surety of your loving subjects of this your Realm, in, and for the administration of medicines to such your said subjects as shall have need of the same, That from 
Four Physicians shall be chosen yearly to search Apothecary wares in London.  henceforth the said Precedent 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 choose four persons of the said commons, and fellows of the best learned, wisest, and most discreet, such as they shall think convenient, and have experience in the said faculty of Physic: and that the said four persons so elected and chosen after a corporal Oath to them ministered by the said Precedent, or his Deputy, shall and may by virtue of this present Act, have full authority and power, as o●ten as they shall think meet 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, only to search, view, and see such Apothecary Wares, Drugs, and stuffs as the said Apothecaries, or any of them have, or at any time hereafter 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 meet, nor convenient to be ministered in any medicines for the health of man's body, the same four persons calling to them the Wardens of the said mystery of Apothecaries 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 meet 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 before said, 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 
The forfeiture of an Apothecary that refuseth to have his house searched. St. 1. M. 9  to this Act, for every time that he or they do o offend, do 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, essoine, or protection shall be allowed. And if the said four persons or any 
The forfeiture of such as being elect, refuse to be sworn or to make search.  of them so elected and chosen as before is said, do refuse to be sworn, or after his said oath to him ●● them administered, do obstinately refuse to make the said search, and view once in the year at such time as they shall think most convenient by their discretions, having no lawful 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 forty shillings.  
And forasmuch as the Science of Physic doth comprehend, include and contain the knowledge 
Any of the Physicians of London may practise Chirurgery.  of Chirurgery, as a special member and part of the same, therefore be it enacted, that any of the said Company or fellowship of Physicians, being able, chosen, and admitted by the said Precedent and fellowship of Physicians, may from time to time as well within the City of London, as elsewhere within this Realm, practice and exercise the said Science of Physic in all and every his members and parts, any Act, Statute or provision made to the contrary notwithstanding.   

CAP. XLII. The authority and liberties of Barbers and Surgeons in London, being made of one Company.  
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 their common assents, duly pondering among other things necessary for the Commonwealth of this Realm, that it is very expedient and needful to provide for men expert in the Science of Physic and Chirurgery for the health of man's body, when infirmities and sickness shall happen, for the due exercise and maintenance whereof, good and necessary acts be already made and provided. 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 Chirurgery, be abiding and inhabiting, and have more commonly the daily exercise and experience of the same Science of Chirurgery 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 secure of much people, and to the sure safeguard of their bodily health, their limbs and lives. And for as much as within the said City of London, there be now two several and distinct Companies of Surgeons, occupying and exercising the said Science and Faculty of Chirurgery, the one Company being 
By whom and at what time the Barbers of London were incorporate.  commonly called the Barbers of London, and the other Company called the Surgeons of London, which Company of Barbers be incorporated to sue, and be sued by the name of Masters or Governors of the Mystery and Communality of the Barbers of London, by virtue 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 Kings most excellent Highness now being, were and be confirmed, as by sundry Letters Patents thereof made, amongst other things in the same contained more at large may appear. And the other Company called the Surgeons, be not incorporate, 
The benefit like to ensue by joining the Barbers and Surgeons in one Company.  nor have any manner of Corporation: which two several and distinct Companies of Surgeons were necessary to be united and made one body incorporate, to the intent that by their union and often assembly together, the good and due order, exercise, and knowledge in the said Science or Faculty▪ of Chirurgery, should be as well in speculation, as in practice, both to themselves and all other their said servants and apprentices, now and hereafter to be brought up under them, and by their learning, and diligent, and ripe informations, more perfect, speedy, and effectual remedy should be then it hath been, or should be, if the said two Companies of Barbers and Surgeons should continue severed asunder, and not joined together, as they before this time have been, and used themselves, not meddling together. Wherefore in consideration of the Premises, be it enacted by the King our Soveriagn Lord, and by the Lords Spiritual and Temporal, 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 Surgeons, that is to say, both the Barbers and the Surgeons, and every person of them being a freeman of either of the said Companies after the custom of the said City 
The Barbers and Surgeons of London made one Company and incorporated.  of London, and their successors from henceforth immediately be united, and made one entire and whole body corporate, and one Commonalty perpetual, which at all times hereafter shall be called by the name of Masters, or Governors of the mystery & Commonalty 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 Justices, 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 indifferently have, possess and enjoy to them and to their successors for ever, all such lands and tenements, and other hereditaments whatsoever, which the said Company, or Commonalty of Barbers have and enjoy, to the use of the said Mystery and Commonalty of Barbers of London. And also shall peaceably, and quietly have, and enjoy all and singular benefits, grants, liberties, privileges, franchises, and free 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 predecessors have had, by acts of Parliament, Letters Patents of the King's Highness, or other his most noble progenitors, or otherwise by any lawful 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 together notwithstanding. And as largely to have and enjoy the premises, as if the same were, and had been 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 
The Barbers and Surgeons in London shall be exempt from bearing of arms, or to be in watches or inquests. 5. H. 8. 6.  all persons of the said Company now incorporate by this present Act, and their successors, that shall be lawfully admitted, and approved to occupy Chirurgery after the form of the Statute in that case ordained 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 Freemen, as of foreins, for such offences as they, or any of them shall commit, or do against the good order of Barbary, or Chirurgery, as afore this time among the said mystery and Company of Barbers of London, hath been used and accustomed, according to the good and politic rules and ordinances by them made, and approved by the Lord's Chancellor, Treasurer, and two chief Justices of either Bench or any three of them after the form of the Statute in that case ordained and provided. 
19 H. 7. 7.   
And further be it enacted by the authority 
The Surgeons may take yearly four condemned persons for Anatomies.  aforesaid, that the said Masters or Governors of the Mystery and Commonalty of Barbers and Surgeons of London, and their successors yearly for ever after their said discretions at their free liberty and pleasure, shall and may have and take without contradiction 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 Highness, 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 knowledge, instruction, insight, learning, and experience in the said Science or Faculty of Chirurgery. 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 aught to have had heretofore: Any thing in this present Act comprised, to the contrary hereof in any wise notwithstanding.  
And forasmuch as such persons being of the Mystery or Faculty of Chirurgery, 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 Barbary, as washing, or shaving, and other feats thereunto belonging, which is very perilous for infecting the King's liege people, resorting to their shops, and houses there being washed or shaved. Wherefore it is now enacted, or dained, and provided by the authority aforesaid, that no manner 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, 
No Barber in London shall use Chirurgery.  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 Chirurgery, letting of blood, or any other thing belonging to Chirurgery, (drawing of teeth only except.) And furthermore in like manner whosoever that useth the mystery or craft of Chirurgery, within the 
No Chirurgeon in London shall use the art of shaving.  circuit aforesaid, as long as he shall fortune to use the said mystery or craft of Chirurgery, shall in no wise occupy nor exercise the feat or craft of Barbary or shaving, neither by himself, nor by none other for him to his or their use: And moreover, that all manner of persons using Chirurgery for the time being, as well freemen, as foreins, aliens, and strangers within the said City of London, the Suburbs thereof, and one mile compass of the same City of London, before the Feast of Saint Michael the Archangel next coming, shall have an open sign on the street side where 
Every Chirurgeon in London shall have a Sign at his door  they shall fortune to dwell, that all the King's liege people there passing by may know at all times whether to resort for their remedies in time of necessity.  
And further be it enacted by the authority aforesaid, 
None shall be a Barber in London but a Freeman of that Company.  That no manner of person after the said Feast of Saint Michael the Archangel next coming, presume to keep any shop of Barbary or shaving within the City of London, except he be a Freeman of the same Corporation and Company.  
And furthermore, at such times as have been heretofore accustomed, there shall be chosen by 
Four Wardens shall be chosen, and their authority.  the same Company, four Masters or Governors of the same Corporation or Company, of the which four, two of them shall be expert in Chirurgery, and the other two in Barbary, 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 inconveniences, as shall be found among the said Company using Barbary, or Chirurgery, as well of freemen, as foreins, aliens, and strangers, within the City of London and the circuit aforesaid, after their said discretions. And if any person 
The forfeitures of the offenders.  or persons using any Barbery, or Chirurgery, 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 five pounds, the one moiety thereof to the King our Sovereign Lord, and the other moiety to any person 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, essoine, or protection shall be admitted or allowed in the same.  
Provided that the said Barbers and Surgeons, and every of them shall bear and pay lot and scot, and such other charges, as they and their predecessors have been accustomed to pay within the said City of London, this act nor any thing therein contained to the contrary hereof in any wise notwithstanding.  
Provided always, and be it enacted by authority 
Any person may keep a Barber or Chirurgeon as his servant.  aforesaid, that it shall be lawful to any of the King's Subjects, not being Barber or Chirurgeon, to retain, have, and keep in his house, as his servant, any person being a Barber or Chirurgeon, which shall and may use, and exercise those arts and faculties of Barbary and Chirurgery, or either of them, in his master's house, or elsewhere by his Master's licence or commandment, any thing in this Act above written to the contrary notwithstanding.    

Anno xxxiiii. & xxxv. Henrici octavi.  
CAP. VIII. Any person being no common Chirurgeon, may minister outward medicines.  
WHere in the Parliament holden at Westminster, in the third year of the Kings most Gracious reign, amongst other things for the avoiding of sorceries, witchcrafts, and other inconveniencies, it was enacted, That no person within the City of London, nor within seven miles of the same, should take upon them to exercise and occupy as Physician, or Chirurgeon, 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. Since the making of which said Act, 
By what means the Surgeons of London have abused the Statute of 3. H. 8. 11. for their own gain.  the company and fellowship of Surgeons of London, minding only their own lucre's, and nothing the profit or ease of the diseased or patiented, have sued, troubled and vexed divers honest persons, as well men as women, whom God hath endued with the knowledge of the nature, kind and operation of certain herbs, roots and waters, and the using and ministering of them, to such as been pained with customable diseases: as women's breasts being sore, a pin and the web in the eye, uncomes of hands, scaldings, burn, sore mouths, the stone, strangury, saucelim, and morfew, and such other like diseases▪ and yet the said persons have not taken any thing for their pains or cunning, but have ministered the same to poor people only for neighbourhood 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 reward then the cure extendeth unto, for in case they would minister their cunning unto sore people unrewarded, there should not so many rot and perish to death for lack of help of Chirurgery as daily do: but the great part of Surgeons admitted, been much more to be blamed, than those persons that they trouble.  
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 than 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.  
Be it ordained, established and enacted by the authority of this present Parliament, that all time from henceforth it shall be lawful to every person being the King's Subject, having knowledge and experience of the nature of herbs, roots and waters, or of the operation 
It shall be lawful for any person to cure outward sores notwithstanding the Statute of 3. H. 8. 11.  of the same by speculation 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, ointments, baths, pultes, and emplasters, according to their cunning, experience and knowledge in any of the diseases, sores, and maladies beforesaid, and all other like to the same, or drinks for the stone, and strangury, or agues, without suit, vexation, trouble, penalty or loss of their goods, the foresaid Statute in the foresaid third year of the Kings most Gracious reign, or any other Act, Ordinance or Statute to the contrary hereof, heretofore made, in any wise notwithstanding.   

Anno primo MARIAE, Sessio secunda.  
CAP. IX. The Incorporation of Physicians in London.  
WHereas in the Parliament holden at London the fifteenth day of April, in the fourteenth year of the reign of our late Sovereign Lord King Henry the eighth, and from thence adjourned to Westminster the last day of July, in the fifteenth year of the reign of the same King, and there holden: It was enacted, that a certain Grant by Letters Patents, of incorporation made and granted by our said late King, to the Physicians of London, and all clauses and Articles contained in the same Grant, should be approved, granted, ratified, and confirmed by the same Parliament.  
For the consideration thereof, be it enacted by 
A confirmation of the St. of 14. H. ●. 5. touching the Corporation of Physicians of London.  authority of this present Parliament, that the said Statute or act of Parliament, with every article and clause therein contained, shall from henceforth stand and continue still in full strength, force, and effect. Any Act, Statute, Law, Custom, or any other thing made, had, or used to the contrary in any wise notwithstanding.  
And for the better reformation of divers enormities, happening to the Commonwealth, by the evil using and undue administration of Physic, and for the enlarging of further Articles for the better execution of the things, contained in the said Grant enacted.  
Be it therefore now enacted, That whensoever 
Whosoever shall be committed to prison by the Precedent of the College of Physicians in London, shall be received and kept thereby.  the Precedent of the College, or Communality of the faculty of Physic of London, for the time being, or such as the said Precedent and College shall yearly, according to the tenor and meaning of the said Act, authorised to search, examine, correct, and punish all offenders, and transgressors, in the said faculty, within the same City and precinct, in the said Act expressed, shall send or ᵃ commit any such offendor or offenders, 
ᵃ Co. li. 8. foe 114.  for his or their offences or disobedience, contrary to any article or clause, contained in the said Grant or Act, to any Ward, Goal, or Prison, within the same City and Precinct (the Tower of London except.) That then from time to time, the Warden, Goaler or Keeper, Wardens, Gaolers, or Keepers of the Wards, Goals and Prisons, within the City or Precinct aforesaid (except before excepted) shall receive into his or their Prisons, all and every such person and persons so offending, as shall be so sent or committed to him or them, as is aforesaid, and there shall safely keep the person or persons, so committed, in any of their prisons, at the proper costs and charges of the said person or persons, so committed, without bail or mainprize, until such time as such offendor or offenders, or disobedient, be discharged of the said imprisonment, by the said Precedent, and such persons as by the said College, shall be thereunto authorised, upon pain that all and every such Warden, Goaler, or Keeper, doing the contrary, shall lose and forfeit 
The offender's forfeiture, and who shall have it, and by what means.  the double of such fine and amerciament, as such offender and offenders, or disobedients, shall be assessed to pay, by such as the said Precedent and College shall authorize, as aforesaid, so that the same fine and amerciament, be not at any one time above the sum of xx. li. the moiety thereof to be employed to the use of our Sovereign Lady the Queen, her Heirs and Successors, the other moiety unto the said Precedent and College. All which forfeitures to be recovered by action of debt, bill, plaint, or information in any of the Queens, her Heirs, and Successors Courts of Record, against any such Warden, Goaler, or Keeper, so offending: in which suit no essoine, wager of Law, nor protection shall be allowed, ne admitted for the defendant.  
And further be it enacted by the authority aforesaid, 
Searching in London for Apothecary wares. 32▪ H. 8. 40.  for the better execution of the search and view of Apothecary wares, Drugs and Compositions, according to the tenor of a Statute, made in the two and thirdieth year of the reign of the said late King Henry the eighth, that it shall be lawful for the Wardens of the Grocers, or one of them, to go with the said Physicians in their view and search, that if the said Warden or Wardens, do refuse or delay his or their coming thereunto, forthwith and immediately when the said Precedent, or four of his College Elect, as aforesaid, do call upon him or them, that then the said Physicians may and shall execute that search and view, and the due punishment of the 
The penalty for resisting search of Apothecary wares.  Apothecaries: for any their evil and faulty stuff, according to the Statute last before mentioned, without the assistence of any of the said Wardens: any clause in the aforenamed statute to the contrary hereof notwithstanding. And every such person or persons, as will or shall resist such search, shall forfeit for every such resistance x. li. the same penalty to be recovered in form aforesaid, without any of the delays aforesaid to be had in suit thereof.  
And further be it enacted, that all Justices, 
Other Magistrates shall assist the Physicians in their search.  Majors, Sheriffs, Bailiffs, Constables, and other Ministers, and Officers, within the City and Precincts above written, upon request to them made, shall help, aid and assist the Precedent of the said College, and all persons by them (from time to time) authorised for the due execution of the said Acts or Statutes, upon pain for not giving of such aid, help and assistence, to run in contempt of the Queen's Majesty, her Heirs and Successors.   

Queen ELIZABETH'S Charter for Anatomies.  
ELizabetha Dei gratia Anglie Francie & Hibernie regina fidei defensor etc. Omnibus ad quos presentes litterae pervenerint salutem.  
Cum preclarissime memorie Pater noster Henricus octavus nuper Rex Anglie inter nonnullas alias in commodum & utilitatem regni sui Anglie preclare admodum statutas & stabilitas ordinationes saluti subditorum suorum summopere invigilans per literas 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 & incorporaverit eos in corpus corporatum & politicum per nomen Presidentis Collegii seu communitatis facult at is medicine Londini & concesserit eidem presidenti Collegii sive communitatis predicte & successoribus suis diversas libertates & privilegia. Quas lras patentes & omnia in iis contenta idem Pater nr non solum per senatus consultum seu Parliament●m suum tentum Annis quarto decimo & quinto decimo regni sui confirmavit, sed etiam per idem statutum in multis ad auxit & amplificavit. Quod Quidem pium institutum dci Patris nri quandoquidem in reipublice commoditatem cessit manifestam & in majorem indies cessurum verisimile sit, sinos quod rem medicam profitentibus maxime necessarium est, concesserimus predictis presidenti Collegii sive communitatis predicte & successoribus suis inperpetuum quotannis quaedam humana corpora ad anatomizandum ut informamur. Sciatis qd nos non modo preclaram institucomem dicti Patris nostri merito recolentes, verumetiam regi● officii nri munus arbitrantes regiminis nostri subditorum incolumitati, saluti & securitati quantum in nobis est, providere de gra nra spiali ac ex nra scientia ac mero motu nostris concessimus ac per presentes pro nobis heredibus & successoribus nostris concedimus prefato Presidenti Collegii sive communitatis medicine Londini predict. & successoribus suis sive eorum assignatis qd habeant & accipiant annuatim Temporibus futuris inperpetuum una vice vel diversis anni vicibus ad discrecoem voluntat●m & libertatem predict. presidis pro tempore existm. & successorum suorum unum duo tria vel quatuor corpora humana ad discindend. & anatomizand. quod jure publico hujus regni furti homicidii vel cujuscunque felonie condemnatum & mortuum fuerit, vel que jure publico hujus regni furti homicidii vel cujuscunque felonie condemnat. & mort. fuerint intra Comitatum Midd. vel infra Civitatem London predictam, vel alibi ubicunque infra sedecim miliaria predict. Civitatis prox. in quocunque Comitatu sine impedimento nostri heredum vel successorum nostrorum, aut vicecomitum Ballivorum, servient. ad clavam, seu aliorum officiariorum aut subditorum nostrorum quorumcunque, sive eorum alicujus. Et Quod licebit eidem presidenti Collegii & communitati predict. & successoribus suis & aliis, quibuscunque eorum assignatis medicine professoribus seu expertis eadem corpora secare, dividere & aliter pro voluntate & judicio suo cum ea reverentia qua humane carni debetur tractare ad incrementum cognitionis medicine experimentum ejusdem & ad salutem ligeorum nostrorum sine contradictione alicujus. Et hoc absque ulla pecuniarum summa, vel ullis pecuni arum summis pro eisdem reddend. seu cuicunque 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 mentio 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 presidents Collegii sive communitati facultatis medicine Londini ante haec tempora factis in presentibus minime fact. existit. Aut aliquo statuto Actu ordinatione proclamacoe provisione sive restricoe inde in contrarium habit. fact. edit. ordinat. sive provis. Aut aliqua alia re caussa vel materia quacunque in aliquo non obstante. In cujus rei testimonium has litteras nostras fieri fecimus Patentes. Teste meipa apud Westmonasterium vicesimo quarto die Februarii Anno regni nostri septimo.  
Per breve de privato sigillo etc. Naylour.   

Letters Patents granted by King JAMES to the College of Physicians in London. dat. 8. Octobr. 15ᵒ regni sui.  
JAmes by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, etc. To all to whom these presents shall come greeting:  
Whereas our most noble and 
Preamble.  renowned Predecessors, King Henry the eight late King of this our Realm of England, in his Princely wisdom deeply considering and by the example of foreign well governed States and Kingdoms, truly understanding how profitable, beneficial and acceptable it would be unto the whole body of this Kingdom of England, to restrain and suppress the excessive number of such as daily professed themselves learned, and profound practisers in the Faculty of Physic, whereas in truth they were men illiterate and unexperienced, rather propounding unto themselves their private gain, with the detriment of this Kingdom, then to give relief in time of need, And likewise duly considering that by the rejecting of those illiterate and unskilful practisers, those that were learned grave and profound practisers in that Faculty, should receive more bountiful reward; and also the industrious Students of that profession would be the better encouraged in their studies and endeavours. For these and many other weighty motives, 
Recital of the Patent of incorporation.  causes and considerations, our royal and Princely Predecessor King Henry the eight, by his Letters Patents bearing date at Westminster the three and twentieth day of September in the Tenth year of his reign, of his especial grace and Princely favour, did erect found and establish a College, Commonalty or Incorporation of Physicians in the City and Suburbs of London and for seven miles every way in distance from the same, to be, remain, and have existence for ever: and by the same Letters Patents, our aforesaid noble Predecessor did further give and grant unto John Chambre, Thomas Linacre, Ferdinando de Victoria, Nicholas Halsewell, John Francis, and Robert Yaxley, then learned, discreet, and profound practisers in the said Faculty of Physic in the foresaid City of London. That they and all of the said Faculty of Physic of and in the foresaid City of London, should for ever, from thenceforth be in name and deed one Body Commonalty and College; And further by the said Letters Patents did give and grant unto the said College and Commonalty, full power, ability and authority for ever, annually to elect and make one of the said College or Commonalty to be Precedent of the said College, Corporation and Commonalty; And that the said Precedent so elected and made, and the said College and Commonalty, should have perpetual succession and a common Seal for the behoof and benefit of the said Presideut, College and Commonalty, and their Successors for ever. And also by the said Letters Patents did further give and grant unto the said Precedent, College and Com. minalty, and their Successors, divers and sundry other liberties, privileges, immunities, power, ability and authority, not only to and for the benefit, advantage and commodity of the foresaid Precedent, College and Commonalty and their Successors, but also for the more certain and easier discovery, speedy restraint, and certain repressing of the before mentioned unskilful and illiterate practisers in the said faculty of Physic as aforesaid. As by the foresaid Letters Patents remaining of record amongst other things therein contained, more plainly and fully it doth and may appear. Which said Letters Patents, and 
Confirmed by Parliament. 14. H. 8.  all and every Grant, Article, and other thing contained and specified in the same, were by Act of Parliament made in the xiiii. year of the reign of our said noble predecessor King Henry the eight, approved, granted, ratified and confirmed, and clearly authorised and admitted by the same good lawful and available to the said body corporate and their successors for ever, and that the best construction that might be invented should be made thereof, and of every part and parcel thereof for the best benefit, behoof, power and authority of the foresaid Precedent, College and Corporation of Physicians as aforesaid. And further, by other several Acts of Parliament, divers and sundry other Privileges, liberties, 
By other Acts.  ability, power and authority are and were established, ordained, given and granted unto the said Precedent, College and Corporation of Physicians and their successors, as by the said several Acts of Parliament thereof made more fully and at large it doth and may appear. Since the making of which said Letters patents and several Acts of Parliament, we do nevertheless daily find that divers enormities and abuses, not as yet sufficiently provided for and 
New Abus●s.  reform, do abound and increase to the apparent damage of us and our loving Subjects of this our Realm of England, by and through the unskilfulness, fraud and deceit of Physicians, Apothecaries, Druggist's, and such like, and are likely much more to abound, unless timely and festine remedy be by us provided and applied for the curing of so public a disease. Know ye therefore, that we graciously affecting so pious 
K. James' Grants.  and charitable a work, and intending hereby a more full and perfect reformation of the said abuses, grievances and enormities, which these later times have abundantly brought forth in this our Realm, out of our Princely disposition and care for the repressing thereof; and of our special grace, certain knowledge and mere motion at the humble Petition aswell of our trusty and well beloved Henry Atkins Doctor in physic, now Precedent of the said College, and one of our Physicians, Theodorus de Maierne Doctor in Physic, one other of our Physicians, Thomas Mounford and Edward Lister Doctors in Physic, Fellows and Elects of the said College, as of other the Doctors of the said College, have given, granted, ratified, approved, allowed and confirmed, and by these presents, do for us our Heirs and Successors, give, grant, ratify, approve, allow and confirm unto the aforesaid Precedent and College or Commonalty and their 
A Confirmation of all former Patents and Acts of Parliament.  Successors, the said Letters patents of our said noble predecessor King Henry the Eight, herein before mentioned, and every article, clause, gift and grant therein contained, and not herein altered, for the honour, peace and quiet of the said College; and that the said Precedent and College or Commonalty and their Successors shall and may for ever hereafter have, receive, take, retain, keep, use, exercise and enjoy all and singular such rights, titles, liberties, privileges, immunities, freedoms, executions, ability, power, authority and other things, as by the said Letters patents, or by any Acts of Parliament, are or were given, granted or confirmed, or were thereby mentioned or intended to be given, granted or confirmed, notwithstanding the not using, misusing or abusing of the same; and that the same Letters Patents, and every article and clause therein contained, shall be adjudged, taken, and construed most benignly and favourably, to and for the best benefit, avail and advantage of the foresaid Precedent, and College, or Commonalty, or their Successors, any Ordinance, Custom, or usage to the contrary in any wife notwithstanding. And whereas our said noble Predecessor, by the aforesaid Letters patents, (amongst other things) therein contained, hath given and granted unto the foresaid Precedent, and College or Commonalty and their Successors; and thereby expressly appointed and provided, that no person whatsoever should exercise 
Against not ad●●●●ed.  the said Faculty of Physic within the aforesaid City of London, or within seven miles in circuit thereof; unless▪ the said person should first be admitted to do the same, by the foresaid Precedent, and College or Commonalty, or their Successors, by Letters testimonial of the said Precedent and College or Commonalty sealed with their common Seal, upon pain of forseiting sive pounds for every month wherein the said persons should exercise the said faculty being not admitted thereunto, the one half thereof to be for●●ited and given to our said Predecessor, his heirs and successors, and the other half thereof to be forfeited and given to the said Precedent, and College or Commonalty and their Successors, as by the said Letters patents may appear. Now know ye, That we in our Princely wisdom, 
Power to sue for the Pe●●lues.  deeply considering how needful it is and will be, that all and singular person and persons practising or exercising the said faculty of physic contrary to the intent and true meaning of the foresaid Letters patents, shall be duly and condignly punished: and for the better encouragement of the foresaid Precedent, and College or Commonalty and their Successors to sue for the said penalty of five pounds specified and mentioned by the said Letters patents, of our especial grace, certain knowledge, and mere motion. Have given and granted, and by these presents, for us, our heirs, and successors, do give and grant unto the said Precedent, and College or Commonalty and their Successors full power and lawful authority in the name of us our heirs and successors, or otherwise in their own name, by the name of the Precedent and College of the Faculty of Physic within the city of London in any our Courts of record, or in any other place or places within this our Realm, according to our Laws to sue for, recover and have execution of and for all and singular such penalties, forfeitures, sum and sums of money as now are or hereafter from time to time, shall accrue or grow due unto us our heirs 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 contained (other than the Recognizance hereafter expressed, or by reason or, means of any offence or misdemeanour whatsoever committed, perpetrated, or done or hereafter to be committed, perpetrated or done contrary to the intent and meaning thereof; and after the same shall be duly recovered, levied or received as aforesaid. We will and by these presents 
Penalties to the College use only.  for us our heirs and successors, do give and grant the same penalties, forfeitures, and sums▪ of money, and every part and parcel thereof to the said Precedent, and College, and Commonalty, and their Successors to be retained, had, taken, converted and enjoyed to their sole and proper use benefit and behoof, without rendering, making or yielding unto us, our heirs or successors, any part or parcel thereof: or any rent, account or recompense for the same (other than the yearly rent hereafter by these presents reserved) the said Letters patents, or any the said Statutes before mentioned, or any clause, article or reservation in them or any of them contained to the contrary hereof in any wise notwithstanding. And we do further by these presents of our especial grace, certain knowledge and mere motion for us, our heirs and successors, give and grant unto the foresaid Precedent, and College or Commonalty and their Successors, that the four persons to be annually chosen by the said 
To the Censors power to survey ●ll Me●lie●nes.  Precedent, and College or Commonalty 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 Eight, now commonly called the four Censors of the said College, or any three of them for the time being, shall have full power and lawful authority at all time and times hereafter, when and as often as to the said four Censors, or any three of them shall seem requisite and convenient to examine, survey, gover●, correct and punish all and singular Physicians and Practisers in the faculty of Physic, Apothecaries, Druggist's, Disti●●ers and Sellers of Wa●e●s or Oils, Preparers of Chemical Medicines, to be ●old or employed for gain, and all and every other person and persons practising in the same faculty, or using the art or mystery of an Apothecary, or the trade or craft of a Druggist, Distiller, Preparer or seller of any Oils, Waters, or Medicines as aforesaid, or that shall sell or put to sale any Stuff, Drugs, Oils, Waters, or Medicines, or other thing whatsoever, fit, apt, and used or pretended to be fit, apt, and used for Medicines either simple or compounded, at or in any place or places within the foresaid City and Suburbs of London, or within seven miles of the same, by fines, amerciaments, and imprisonments, and by other lawful ways and means according as the nature and quality of his or their offence or offences in the premises shall deserve or require. And we do further of our like especial 
Power of the Censors to summon examine and fine.  grace, certain knowledge, and mere motion, for us, our heirs and successors, give and grant unto the foresaid Precedent, and College or Commonalty and their Successors; and do by these presents declare our will and pleasure to be, That the said four Censors of the foresaid 
Physicians not licenced.  College for the time being, or any three of them for ever hereafter, when and as often, as to the ●aid Censors or any three of them shall seem mee● and convenient, shall have full power and authority to send for, summon, convent, and cause to appear and come before▪ them the said four C●nsors for the time being or any three of them, all and every Physician and Physicians, practiser and practisers in the said Faculty of Physic within the foresaid City and Suburbs of London, or within seven miles thereof, at such times and places, as by the said Censors or any three of them shall be reasonably limited, prefixed and appointed, and to examine them concerning their skill or practise of the said faculty of Physic, and their manner of practice therein: And if any Physician 
Penalty for not appearing,  or practiser in the said Faculty of Physic upon reasonable summons, and garnishment to be made and given in that behalf, shall make default, and not appear before the said Censors or any three of them at such time and place as by the said Censors or any three of them shall be reasonably limited, prefixed and appointed, or shall refuse to answer, or to be examined as aforesaid; that then 
Or refusing to answer.  and so often the said four Censors for the time being, or any three of them, shall and may lawfully assess and impose a reasonable penalty, fine, or amerciament upon every or any such delinquent or offender for every several default of appearance made upon several summons, or for every several refusal to answer or to be examined as aforesaid, at several times upon several appearances made, so as the same penalty, fine or amerciament so to be imposed for any one default of appearance or refusal to answer, or to be examined as aforesaid, do not at any one time exceed the sum of forty shillings of currant English money: and if any person or persons so summoned or warned as aforesaid do make his or their personal appearance before the foresaid Censors, at such time and place, as is or shall be limited and appointed as aforesaid; and it shall then and there appear unto the said Censors, that such person or persons hath or have ministered or prescribed Medicines or Physic unto any person or 
Penalty of Practisers without licence by the Gensors.  persons, or hath or have practised in the said faculty of Physic at any one or more time or times within the foresaid City or Suburbs of London, or within seven miles thereof, without admission and licence first had and obtained of and from the said Precedent, and College or Commonalty, or their Successors by Letters Testimonial under their Common Seal, according to the meaning of the Letters patents before mentioned: than it shall and may be lawful to and for the said four Censors or any three of them to assess and impose a reasonable penalty, fine, or amerciament upon every such person and persons so practising, for every such his and their offence and default in that behalf; so as the same exceed not the sum of three pounds of lawful English money, and to 
Three pounds▪  imprison him by the space of seven days or under, 
Imprisonment. 7. days.  for such his offence, and not to detain him in prison any longer, unless he shall not have made satisfaction and payment of the same Fine so imposed upon him for the same offence, in which case it shall be lawful to detain him in prison until the same fine be satisfied. And if it shall then and there appear unto the said Censors, or any three of them as aforesaid, that any such person or persons so making his or their appearance, hath at any▪ time administered or prescribed any noisome, unwholesome, or unfit medicine or physic 
For bad practice.  unto any person or persons within the limits aforesaid, than the said Censors, shall and may from time to time punish the said delinquent or offender by reasonable amerciament, fine or imprisonment according unto their discretions to be by them imposed as aforesaid, so as the same fine do not exceed the sum of Ten pounds, and so as 
Ten pounds.  the imprisonment for such offence exceed not the space of fourteen days, unless it shall be for nonpayment of such fine, for which it shall be lawful to detain such offender in prison until the same fine be satisfied. And to the end that the said offenders in the premises may be the better 
Discovery of offenders.  known and discovered, and may be for their said misdemeanours and offences duly and condignly punished according to the merits of their said offences, We do therefore of our more abundant grace, certain knowledge and mere motion, for us our heirs and successors, give and grant unto the said Precedent, and College or Commonalty and their Successors full power and lawful authority, that it shall and may be lawful to and for the said Precedent, and College or Commonalty and their Successors by any precept or process to be made under their Common Seal, to summon and warn any person or persons whatsoever, whom they shall know or think meet, being any Apothecary, Chirurgeon, Druggist, or employed in or about ministering of any physic or medicines, or attendant or servant upon any that shall have received physic or medicines to declare, testify or prove against any such delinquent or offender in the premises, his or their misdemeanours or offences upon reasonable summons and warning to appear and come before the said Precedent, and College or Commonalty and their Successors, or the said Censors or any three of them, to be examined touching his or their knowledge of the said offenders and their misdemeanours and offences in the premises; and upon his or their appearance made as aforesaid to administer and give to him or them so to be produced to testify as aforesaid an Oath or Oaths, 
To give 〈◊〉: Oath.  and him and them to swear upon the holy Evangelists, to testify and declare the truth of his and their knowledge concerning the said offenders in the premises and their said misdemeanours and offences, or otherwise to examine him or them without oath as they shall think fit. And that if any such person or persons as shall be thought fit as aforesaid to declare and testify concerning the said offences upon reasonable summons and warning given as aforesaid shall wilfully make default, and shall not accordingly appear before the said Precedent, and College or Commonalty, and their Successors, or the said Censors or any three of them, or if he or they shall appear, and yet nevertheless shall refuse to take such oath or oaths as shall be then offered or tendered unto him or them as aforesaid, or otherwise shall refuse to be examined without oath, or shall refuse to make answer to such questions as shall be then asked or demanded of him or them by the said Precedent, and College or Commonalty and their Successors, or the said Censors or any three of them concerning his or their 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 refusal as aforesaid, forfeit and pay to the said Precedent, and College or Commonalty and their Successors the sum of Twenty shillings of lawful English money. And we do further of our especial grace, certain knowledge and mere motion, for us our heirs and successors, give and grant unto the said Precedent, and College or Commonalty, and their Successors, That the said four Censors for the 
Censors search.  time being or any three of them shall and may have full and absolute power and lawful authority at all time and times, when and as often as to them as aforesaid shall seem meet and convenient, at fit and reasonable times to enter into the house, shop, cellar, vault, workhouse or warehouse, or any other rooms of the house of any Apothecary, Druggist, Distiller, and Seller of Waters, Oils, 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, Drugs, Waters, Oils, or Stuff, fit, apt or used, or pretended to be fit, apt or used for Medicines within the foresaid City or Suburbs of London, or within seven miles thereof; and then and there to search, view, try, examine, and see the said Medicines, Wares, Drugs, Waters, Oils, Medicines and Stuffs, of such Apothecaries, Druggist's, Distillers, Preparers, or Sellers of Waters, Oils, or Medicines, or other person or persons as aforesaid, and to examine them upon oath or without oath, as they shall think best concerning the receipts and compositions thereof; and all such Medicines, Wares, Drugs, Waters, Oils, and Stuffs, as the said four Censors or any three of them as aforesaid shall find or conceive to be defective, corrupted or not meet not convenient, to be ministered or used in medicine for the health of man's body, the said four Censors or three of them, shall or may take, burn, or otherwise destroy the same or cause to be taken, burned; or otherwise destroyed according to their discretions.  
And we do further for us our Heirs and Successors, 
Power to Convent Apothecaries, etc.  give and grant unto the said Precedent or College, and Commonalty, 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 authority at all times, when and as often, as to them shall be thought meet and reasonable, to send for, summon, convent, and cause to appear before them the said four Censors for the time being or any three of them, at such times and places within the foresaid City and Suburbs of London or within seven miles thereof, all or any such Apothecaries, Druggist's, Distillers, Preparers, and Sellers of such Waters, Oils, or Medicines as aforesaid, or any other person or persons whatsoever, using the Art or Mystery of an Apothecary or Druggist, or the Trade or Craft of a Distiller, Preparer, or Seller of Waters, Oils, or Medicines, or that shall put or set to sale any Stuff, Drugs, Waters, Oils, Medicines, or other things whatsoever, apt, fit, or used for Medicine either simple or compound within the foresaid City and Suburbs of London, or within seven miles from the same: And if any such person or persons so summoned or warned as aforesaid, upon reasonable 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 shall be reasonably limited and appointed, Then we do by these presents declare that it shall and may be lawful to and for the foresaid four Censors for the time being, or any three of them, to impose and inflict such reasonable penalty, fine and amerciament upon every such person or persons, so making default of appearance as the said four Censors or any three of them shall think meet in that behalf. So as such fine or amerciament for any one such default, exceed not the sum of Twenty shillings of lawful English money.  
And if any person or persons summoned as 
Bad Medicines.  aforesaid, shall make his or their personal appearance, before the aforesaid four Censors for the time being or any three of them, at such time or place as is or shall be limited and appointed, and then and there it shall appear unto the said fonr Censors or any three of them, that the said person or persons so appearing then or of late did put or set to sale, keep or retain in his or their shop or shops, house or houses, any wares, drugs, waters, oils, medicines or stuffs, defective, corrupted, and not meet or convenient to be ministered in medicine for the health of man's body, or that any such person or persons, so summoned and appearing as aforesaid, then or of late did make, or compound, or deliver out any medicine either simple or compounded, differing from, and not agreeable in name, nature, and quantity, unto the prescript or direction delivered unto the said person or persons before the making, compounding or delivery of the said medicine, than the said four Censors for the time being, or any three of them shall have full power and authority to impose a reasonable penalty, fine and amerciament upon all and every person and persons, so offending, so as the same penalty, fine or amerciament for any one default or offence exceed not at any one time the sum of Three pounds of lawful English money. And further to imprison such offender until he have made satisfaction and payment of the same fine so imposed upon him for the same offence.  
And we do further of our especial grace, 
Grant of fines to the College.  certain knowledge, and mere motion, for us, our heirs, and successors, give and grant unto the foresaid Precedent, and College or Commonalty and their Successors, all and singular the fines and amerciaments, penalties and forfeitures and every of them hereafter to be forfeited, assessed or imposed upon any Physician or practiser in physic as aforesaid, or to be forfeited imposed or assessed upon any Apothecary, Druggist, or other person or persons, for or by reason of any misdemeanour, offence, contempt, o● default whatsoever, before in these presents declared, mentioned, or specified, and that the said Precedent, and College or Commonalty and their Successors, shall and may by the name of the Precedent and College of the faculty of Physic within the City of London at all times hereafter, and from time to time in any Ou● Courts of Record according to Our Laws sue for, recover, levy, and take execution of and for the said fines, amerciaments, penalties, and forfeitures, and every or any part thereof; and the same being recovered and levied, to have, take, retain and enjoy to the only use, behoof and benefit of the said Precedent, and College or Commonalty and their Successors, without the let, disturbance, or interruption o● Us, Our heirs or successors; or any of the officers or ministers of us, our heirs or successors; and without giving or rendering any account or recompense thereof, to us, our heirs or successors. And that if any offender upon whom any such fine or amerciament 
Imprisonment of such as pay not their Fines.  shall be imposed, shall be present before the four Censors, or any three of them, at the time of such fine or amerciament imposed, and shall not then pay the same, That then it shall and may be lawful to and for the said four Censors or any three of them by whom such fine or amerciament shall be imposed to commit such offender to prison, and detain him in prison until he shall have satisfied the said fine or amerciament and no longer.  
And further we will, and by these presents for us our heirs and successors of our especial grace 
To have a Hall.  and favour do grant unto the said Precedent, and College or Commonalty and their Successors, that it shall and may be lawful to and for them, or the greater part of them, to have, appoint, retain, and enjoy a certain Hall or Council house within our City of London or the Liberties of the same; And that the said Precedent for the time being and his Successors shall and may when and as often as to him shall seem meet and necessary, call, assemble, and keep within the same Hall or House a certain Court or Convocation of the said Precedent and College or Commonalty and their Successors, to the number of Six persons or more. whereof the said Precedent for the time being to be always one; And that in the same Court or Convocation, the same Precedent and College or Commonalty and their Successors to the number of Six persons or more, (whereof the Precedent for the time being to be one) shall and may treat, confer, consult, and consider of Arcicles, 
Meetings by whom and for what.  Statutes, Acts, and Ordinances touching and concerning the said Precedent and College or Commonalty and their Successors, and the good rule, sta●e and government of the same, and the reformation and redress of the abuses, mischiess and enormities herein before mentioned, and hereby intended and meant to be provided for, and suppressed in the time to come.  
And further we will, and by these presents for us our heirs and successors, do grant to the said Precedent and College or Commonalty and their Successors, That the said Precedent and College or Commonalty and their Successors to the number of Six persons or more, whereof the said Precedent for the time being to be always one upon public summons thereof first made, being assembled together in their said Hall or house, shall and may have full power and lawful authority from time to time, to ordain, constitute, make and set down in writing, such wholesome and reasonable Acts, Ordinances, Orders, Decrees, 
To make By-lawes.  Articles and Constitutions, as to the said Six persons or more of them so assembled, or the greater part of them so assembled, (whereof the said Precedent to be one) shall seem good, profitable and necessary, according to their good directions, for the good rule, order, and government of the said Precedent and College or Commonalty and their Successors, and of all other practisers of Physic, and other the persons before named, and all others offending in the said faculty, or any other way touching or concerning the same, for the reformation and redress of the abuses, deceits, misdemeanours and enormities, and other the premises herein before mentioned or expressed. And that the said Precedent and College or Commonalty and their Successors to the number of six persons or more, (whereof the said Precedent to be one) shall and may punish all and every delinquent or offender 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 inflicted from time to time as need shall require. And that the said Precedent and College or Commonalty and their Successors, shall and may lawfully levy, receive, have, and take the said fines and amerciaments to their own proper use, benefit, and behoof, without the impeachment 
Fines to be paid to the College.  or impediment of us, our heirs, or successors, or of any the officers or ministers of us, our heirs or successors, and without any account to us, our heirs or successors to be rendered or made for the same, other than the rent hereafter reserved. All which said Acts, Statutes, Ordinances, Articles and Constitutions so as aforesaid to be made, we will shall be observed and kept under the pains and penalties in the same to be limited and contained, so as the same Acts, Statutes and ordinances, imprisonments, fines, and amerciaments be not contrary or repugnant to the Laws and Statutes of this our Realm of England.  
And further we will, and by these presents, for us, our heirs and successors, do grant to the said Precedent, and College or Commonalty and their Successors. That they, and their successors, or the greater part of them assembled together in their said Hall, shall and may nominate, elect and appoint one honest and discreet person, which 
A Register his Office.  shall be and be called the Register to the said College, who shall from time to time be attendant on the said Precedent and College or Commonalty and their Successors, at their Assemblies, Courts, Congregations, or meetings, and shall set down in writing, register, and enter into a Book, all such rules, orders, statutes, decrees, acts, ordinances, and other things as shall from time to time be had, made, done, provided and ordained by the said Precedent and College or Commonalty and their Successors, or the greater part of them, assembled together in their said Hall; which said Register so to be named, elected and made as aforesaid, shall be and continue in the said office and place, for and during the will and pleasure only of the said Precedent and College or Commonalty and their Successors or the greater part of them whereof the Precedent to be one. The said Register first taking his corporal Oath upon the holy Evangelists, before the 
His Oath.  said Precedent and four Censors for the time being, or any three of them, whereof the Precedent to be one, for the doing and performing of his true and faithful service to them in the said office and place from time to time.  
And we do likewise will, and for us, our heirs and successors do by these presents grant unto the said Precedent and College or Commonalty and their Successors, that they and their Successors or the greater part of them, assembled in their said Hall, shall and may from time to time, when and as often as to them shall seem meet, ordain, 
Power to elect Officers.  make, constitute and appoint such and so many other fit and meet officer or officers, minister or ministers, as to the said Precedent and College or Commonalty and these Successors, or the greater part of them shall be thought fit and necessary for their service and benefit, unto all and every which said officers or ministers, it shall be lawful to the said Precedent and College or Commonalty and their Successors, or to the Censors or any three of them assembled together 
To give Oaths.  in their said Hall, to administer and give oaths upon the said holy Evangelists, for the due performance and execution 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 reasonable and just cause, to remove, expel and put out, of his and 
To expel.  their said offices and places, and to elect and put others into his and their rooms and places, when and as often as to the said Precedent and College or Commonalty and their Successors, or the greater part of them, shall seem meet and convenient.  
And furher we do for us, our heirs and successors, give and grant unto the said Precedent and College or Commonalty and their successors, That it shall and may be lawful to and for the said Precedent and four Censors for the time being, or any three of them (whereof the Precedent to be one) to cause such persons, which shall be convented, for any the offences aforesaid, and 
To take bonds of 100 l. to practise no more to his Majesty's use.  shall be found offenders therein, to become bound to us, our heirs or successors, and to our use in one or more several recognizances in such sum as they shall think fit, not exceeding the sum of One hundred pounds, with conditions for restraining them to offend any more in that behalf, as to the Precedent and four Censors or any three of them shall seem meet. And if such person shall refuse to become so bound by such recognizance with such condition, That then it shall and may be lawful to and for the said Precedent and four Censors, or any three of them, (whereof the Precedent to be one) to commit such 
Or to imprison such refusers.  person to prison, and him to detain in prison until he shall become bound in such recognizance, with such conditions as aforesaid.  
And we do further of our especial favour, certain knowledge, and mere motion, for us, our heirs, and successors, give and grant unto the foresaid Precedent and College or Commonalty and their Successors, special Licence, free and lawful liberty, power, and authority, to acquire, 
To purchase Lands.  purchase, receive and take unto the said Precedent and College or Commonalty and their Successors, Manors, Lands, Tenements, Tithes, Rents, Reversions, and Hereditaments, of or from any person or persons whatsoever, not exceeding in the whole the clear yearly value of One hundred Marks of lawful English money above all charges and reprises. So as the same Manors, Lands, Tenements, Tithes, Rents, Reversions and Hereditaments, by virtue hereof to be acquired and purchased, be not holden of us, our heirs or successors, immediately in chief, or by Knight's service, or of any other person or persons by Knight's service, the Statute of alienation in Mortmayne or any other statute, law, ordinance, or provision to the contrary thereof in any wise notwithstanding.  
And we do further give and grant for us, our heirs and successors unto the foresaid Precedent and College or Commonalty and their Successors, that all and every Physician and Physicians, that now is or are, or that hereafter shall be elected, admitted, and made a Member of the foresaid College or Commonalty, shall from time to time be wholly and absolutely freed, exempted and discharged, of and from providing and bearing of any Armour, or other munition, within our 
Coll. freed from providing or bearing Arms.  said City of London, and the Liberties thereof, or within seven mile's compass as aforesaid. Any Statute, Act, Ordinance, Constitution or Usage, to the contrary in any wise notwithstanding.  
And we do further for us, our heirs and successors, 
A general Grant.  give and grant to the foresaid Precedent and College or Commonalty and their Successors, and by these presents declare and manifest our pleasure for ever to be, That the said Precedent and College, or Commonalty and their Successors, shall and may have, take, receive, use, exercise, and enjoy, all and singular the gifts, grants, liberties, privileges, immunities, freedoms, benefits, advantages, profits, commodities, power, ability and authority herein before mentioned, or otherwise by any other former Letters Patents given, granted or confirmed unto the Precedent and College or Commonalty, or any of them, without the , hindrance, interruption, or disturbance of us, our heirs, or successors, or of any the officers or Ministers of us, our heirs or successors, or of any other person or persons whatsoever.  
And further of our like especial grace, certain 
This Patent to be confirmed next Parliament.  knowledge, and mere motion, we will and for us, our heirs and successors, do promise and grant to and with the said Precedent and College or Commonalty and their Successors by these presents. That at the next Parliament or Session of Parliament, of us, our heirs or successors, to be holden within this our Realm of England, We, our heirs or successors, will give and grant our Royal and free assent and consent to any Act, Bill, or Petition, by the said Precedent and College or Commonalty, or their successors, or any of them in the same Parliament, or Session of Parliament, to be exhibited or preferred, and by the Lords Spiritual and Temporal, and the Commonalty of the said Parliament, to be approved, and assented unto, for the better enabling, authorising, and investing of the said Precedent, or College and Commonalty, and their Successors, to and with the several grants, powers, privileges, authorities, exemptions, immunities, and other matters and things, in these presents to them given, granted, and confirmed, or intended to be to them given, granted or confirmed according to our gracious intent and meaning herein before specified and expressed.  
And further we will and by these presents for us, our heirs and successors, do grant unto the said Precedent and College or Commonalty and 
A farther Confirmation of this Cha●ter.  their Successors, That these our Letters Patents, and all and singular the gifts, grants, authorities, powers, privileges, and immunities, and other things therein contained, shall be good, firm, available, and effectual in the law, to the intents and purposes aforesaid, and shall be in all and every our Courts of Record, and elsewhere had, taken, construed and adjudged most strongly against us, our heirs and successors, and most benignly, favourably, and beneficially to and for the said Precedent and College or Commonalty and their Successors, any Statute, Act, Ordinance, Custom, Usage, Gift, Grant, or any other matter, or thing heretofore had, made, used, ordained, or provided, to the contrary in any wise notwithstanding.  
Nevertheless we will and our intent and meaning is, That the said Precedent and College or Commonalty and their Successors, shall answer and pay to us, our heirs and successors for and in respect of the fines, amerciaments, penalties, forfeitures, and sums of money herein before mentioned, and by these presents to them granted, as aforesaid, the yearly Rent of Six pounds of lawful 
Six pound Rend to the King.  money of England at the Receipt of our Exchequer at Westminster, at the Feast of the Annunciation of the blessed Virgin Mary, and St. Michael the Archangel, by even and equal portions, any thing herein contained to the contrary notwithstanding. Although express mention of the true yearly value or certainty of the premises, or any of them, or of any other gifts or grants by us or any of our progenitors or predecessors to the foresaid Precedent and College or Commonalty heretofore made, in these presents is not made, or any Statute, Act, Ordinance, Provision, Proclamation or Restraint to the contrary thereof, heretofore had, made, ordained or provided, or any other matter, cause or thing whatsoever, to the contrary in any wise notwithstanding.  
In witness whereof we have caused these our Letters to be made Patents. Witness ourselves at Westminster the eighth day of October in the fifteenth year of our Reign of England, France, and Ireland, and of Scotland the one and fiftieth. Yonge. Per bre. de privato Sigillo.  
Irr. in memorand. Scacc. de Anno octavo Regis nune Caroli viz. inter Record. de termino sci. Michis Ro. Ex parte Reverend. dci. dom. Regis.   

In magno Rotulo de Anno 23. Regis Caroli London.  
PResidens Colleg. & Coitas Medicor. Lond. deb. 27 l. 10 s. medietas 55 l. versus Johannem Bugge de parochia Ecclie Xpi London▪ recuperat per Judicium Cur. quia exercuit facultatem Medicine. per spatium xi. mens. integr. non existen. admissus ad exercendum & occupand. dict. facultat. medicine, per Precedent. Collegium seu Communitat. facultat. Medicine. London lris sigillo suo comui sigillat. contra formam statuti in hmoi casu edit. & provis. super ipos onerat. virtute Ordinis hujus Scacc. dat. tertio Julii Anno 15 to Regis Caroli.  
But the said sum of 27 l. 10 s. is allowed to the Precedent and College of the Faculty of Physic within the City of London by Letters Patents under the Great Seal of England, bearing date the 8. day of October, in the 15. year of the late King James, of England, and of Scotland the 51. and by Judgement of the Barons of this Court of public Exchequer entered among the Records of Easter Term in the 7. year of the reign of the late King Charles in the custody of the first Remembrancer there, Roll the 24.  
And they are quit.  
Examined by Hen. Croke Clerk of the Pipe.   

The Common Law against them that practice, being not admitted.  
SI un que nest Physician ou Surgeon emprent sur luy un cure que murrust in sa main que cest felony. Stanford Pleas of the Crown, cap. 9 Fitz Herbert. tit. Cor. pag. 311. Briton fol. 14. Which Dalton thus Englisheth, And if one which is no Physician or Surgeon (or which is not allowed to use or practise such Faculty) will take a cure upon him, and his Patient dieth under his hand, this hath been holden to be felony. Lambard Eiren. tit. Felony, saith thus, That Thorpe 43. Edw. 3. 33. saith he knew one to be indicted accordingly. But if this should be drawn to felony, than I see not but that the same must be accounted murder in respect either of the bold presumption or of the will to do harm, which doth amount to malice. And Dalt. in his Country Justice chap. 93. querieth thus of this Case, It cannot be discerned whether the Patient's death cometh by any wilful default in the party, taking such Cure upon him or by the Patient's infirmities. Again, there appeareth in them no will to do harm, but rather to do good; and then the Stat. 34. Hen. 8. cap. 8. leaveth so great a liberty of such practice to unskilful persons, that it will be hard now to make it felony.   

A Copy of an Exemplification of a Recovery against Edmund Gardiner 11. Feb. 6. Jac.  
JAcobus dei Gra. Angl. Scot Fran. & Hibernie Rex fidei defensor. etc. Oibus ad quos presentes l̄re n̄re pervenerint saltem  
inspeximus quoddam Recordum coram nobis hitum in hec verba ss. Plita coram dno Rege apud Westm. Termino sci Michis anno Regni dom. Jacobi nunc Regis Anglie tertio Rotlo 438. ss. London ss. memorand. quod als scilt Termino sce Trinitatis ultimo preterit. Coram dno Rege apud Westm. ven. Thomas Langton in Medicinis Doctor Presidens Collegii sive Coitatis facultatis Medicine London qui tam pro dno Rege qm pro seipo & Collegio predcto sequitur per L. G. Atturnat. suum Et protulit hic in Curia dct. dom. Regis tunc ibm quandam billam suam versus Edmundum Gardiner in Custod. Marr. etc. de plito debi & sunt pleg. de proc. scilt. Johes Doo & Ricus Roose Que quidem billa sequitur in hec verba ss. Londn ss. Thomas Langton in Medicinis Doctor Presidens Collegii, sive Coitatis facultatis Medicine London. qui tam pro dno Rege quam pro seipo & Collegio predco sequitur queritur de Edmundo Gardiner in Custod. Marr. maresc. dni Regis coram ipo Rege existen. de plico quod reddat eidem dno Regi ac prefat. Presiden. & Collegio predco Sexaginta libras legalis movete Anglie quas eis debet & injuste detinet pro eo viz. quod cum dns Henricus octaum nuper Rex Anglie per lras suas Paten. magno sigillo suo Anglie sigillat. Curieque hic prolat. geren. dat. apud Westm. in Com. Midd. vicesimo tertio die Septembris anno Regni sui decimo pro publico bono hujus regni in debito ●xercitio facultatis Medicine & bona administracone Medicinar. hand. incorporasset & fecisset de Johe Chamber, Thoma Linacre Ferdinando de victoria ad tunc Medicis ejusdem nuper Regis & Nicholas Halswell Johe Francisci & Robto Yaxley & oibbus aliis viris ejusdem facultatis tunc de & infru Civitat. London. unum corpus & perpetuam Coitatem sive societatem facultat. Medicine. Et ad hend. perpetuam successionem & Coie Sigillum & ad Eligend. annuatim unum President. ejusdem societatis sive Coitatis adsupervidend. regend. & gubnand. eandem societatem sive Coitatem & omnes hoies ejusdem facultatis cum diversis aliis privileg. & aliis rebus per predom nuper regem eis concesss pro republica hujus regni, prout in predcis lris paten. plenius continetur Quar. tenor sequitur in hec verba ss. Henricus Dei grac. Rex, etc.  
Cumque etiam in Statuto in Parliament. dci. nuper 
Recital of the Charter.  Regis Henrici octavi tent. apud London. decimo quinto die Aprilis anno Regni sui quarto decimo & abinde adjornat. usquam Westm▪ in Com. Midd. ultimo die Julii anno regni dci. nuper regis quinto decimo & tunc & ibm tent. inactitat. fuit quod predca Corporaco predce Civitatis & societat. facultat. medicine predce & oia & singula concessa articul. & al. res content. & spec. in predcis lris paten. forent approbat. concess. ratisicat. & confirmat. & clare authorizat. & admiss. bona litima & valida Anglice available prefat. Corpori incorporat. & eorum successoribus imperpetuum in tam amplo & largo modo qm posset capi putari & construi pro cadem, prout in eodem statuto inter alia plenius continetur.  
Predictus tamen Edmundus Gardiner qui ad dcm. 
Charge against Gradiner.  facultat. exercend per Presidentem & Coitatem facultatis Medicine London. predct. per lras President. & Collegii predci. sigillo suo Coi sigillat. non admissus est, nec unquam ante bec admissus fuit statutum predcm minime ponderans nec penam in predcis Lris paten. content. verens dcam facultatem Medicine per spacium duodecim mensium jam ult. elapss. & prox preceden. ante diem impetraconis hujus bille scilt ultimum diem Maii anno regni dni Jacobi nunc Regis Anglie tertio in Civitate London. predca vidlt in parochia bte Marie de Arcubus in Warda de Cheap London. exercuit & adhuc exercet contra formam Irar. paten. predcar. & Statut. predct. per quod acco accrevit eidem Presidenti qui tam etc. ad exigend. & hend. de prefat. Edmundo Gardiner pro predco dno Rege nunc & eidem Presidenti & Collegio predco predcas sexaginta libas vidlt pro quolibet mense predcorū duodecim mensium Centum solidos predcus tamen Edms licet sepius requisit. & predcas sexaginta libras prefato dno Regi & eidem Presidenti & Collegio predco seu eorum alteri nondum solvit sed i●●aei huc usque soluere omio contradixit & adhuc contradic. ad damnum ipius Presidentis qui tam etc. quadragint. librar. & inde tam pro eodem dno rege quam pro eodem President. & Collegio predco pred. sectam etc. Et modo ad hunc diem scilt diem Mercurii prox. post octabis sci. Michis islo eodem Termino usque quem diem predcus. Edmundus Gardiner huit licenc. billam predcā interloquendi & tunc ad respondend. etc. 
Gardiners Answer.  coram dmo rege apud Westm. ven. tam predict. presiden. qui tam etc. per Atturnat. suum predcum quam predcus Edus Gard. per W. S. Atturnat. suum. Et idem Edus defend. vim & injur. quando etc. & dic. quod predict. Presiden. & Collegium qui tam etc. acconem suam predcam inde versus eum here seu manutenere non debet, Quia dic. quod per quendam Actum in Parliament. dci. dni Henrici nunc Regis Anglie octavi apud Westm. predcam in dct. Con. Midd. Anno Regni sui Tricesimo quarto & tricesimo quinto tent. edit. recitando in eodem Actu. Cum in Parliamento tent. etc. quor. pretextu idem 
Recites the Act of 34. 35. Hen. 8. ca  Edms existens subdit. dci. dni Regis nunc natus infra hoc Regnum Anglie, vidlt apud London. vidlt in parochia bte Marie de Arcubus in Warda. de Cheape London Achens cogniconem & experientiam nature herbar. radicum & aquar. ac opaconis eordem per tempus predcum in narracone predca superius spec. apud London. predcam in parochia & Warda predcis practizabat usus fuit & ministrabat in & ad diversas exteriores penas les uncomes vulner a impostumacones exteriores intumacones & morbos diverss herbam & herbas unguent. lavacra lez pultesses & emplastra ac potiones de Calculo & Stranguria & febribus secundum cognitionem experientiam & notitiam suas in morbis penis & lez maladies predict. scdm formam & esscm predci Actus edit. in Annis 34. & 35. supdcis. A●sque hoc quod idem Edms dcam facultatem medicine infra Civitatem London. predcam aliter seu alio modo exercuit seu exercet, prout predcus Presidens & Collegium qui tam etc. per narracoem suam predcam superius versus eum queritur. Et hoc parat. est verificare unde pet. judm. si predcus Presidens & Collegium qui tam etc. acconem suam predcam inde versus eum here seu manu tenere debeat etc. Et 
Colledge Replies.  predcus Thomas Langton qui tam etc. dic. quod ipe pro aliqua per predcum Eamundum Gardiner superius plitando allegat. ab accone sua predca versus ipm Edmund. hend. precludi non debet, quia dicit quod per quendum actum in Parliamento dne Marie nuper Regine Anglie tent. per prorogaconem apud Westm. in Com. Midd. 24. die Octobris Anno Regni ipius nuper regine primo & ibm continuat. usque sextum diem mensis Decembris ex tunc prox. sequen. recitan. quod cum in dco Parliamento tent. apud London. dco decimo quinto die Aprilis Anno decimo quarto Regni dci. Regis Henrici oct●vi & inde adjornat. usque ad Westm. predct. ultimo die Julii in anno decimo quinto Regni ejusdem Regis, & ad tunc tent. inactitat. existit quod dca Concessio Corporationis per Lras Paten. fact. & concesss per eundem nuper Regem Medicis London. & oes Clausul. & articuli content. in eadem Concessione essent approbat. concesss. ratificat. & confirmat. per idem Parliamentum pro consideracone inde stabilit. existit in dco Parliamento dce nuper Regine Marie, quod Statutum illud sive Actus Parliamenti cum quolibet Articulo & Clausula in eodem content. ex tunc deinceps staret & continuaret semper in plenis robore vigore & effectu Aliquo Actu Statuto lege consuetudine vel aliqua alia re fact. habita vel usa in contrar. in aliquo non obstan. Prout per idem Statutum Anno Regni dce nuper Regine Marie primo supradco edit. plenius liquet. Et hoc parat. est verificare unde ex quo predcus Edms practitiam & exercitium predcte facultatis Medicine superius recogn. idem Thomas Langton qui tam &c▪ pe●it judicium & debit. predcum tam dco dno Regi quam eidem Thome et Collegio 〈◊〉 predco unacum dampnis suis accone detenconis debi. illius sibi adjudicari etc.  
Et predcus Edms Gardiner dic. quod plitum predcm 
Gardiner Rejoynes.  per predct Thomam Langton modo et forma predctis superius replicando plitat. materiaque in eodem cont. minus sufficien. in lege existunt ad acconem predci Thome Langton predicam versus ipm Edmuna Gardiner hend. manutenend. Ad quod idem Edms Gardiner necesse non habet nec per legem terre tenetur aliquo modo respondere unde pro defend sufficien. replicaconis in hac parte idem Edms Gardiner ut prius petit indicium. Et quod predctus Thomas Langton ab accone sua predca versus ipm Edmundum Gardiner hend. precludat etc. Et predcus Thomas Langton qui tam etc. dic. quod plitum predcum per ipm Thomam modo et forma predcis superius replicando plitat. materiaque in eodem content. bona et sufficien. in lege existunt ad acconem ipius Thome Langton predcam versus predcum Edmundum Gardiner hend. manutenend. Quod quidem plitum materiamque in eodem content. idem Thomas Langton paratus est verificare et probare prout Cur etc. Et quia predcus Edmundus Gardiner ad plitum illud non respond. nec ill. huc usque aliqualiter dedic, idem Thomas Langton ut prius petit Judicium et debm predctm tam dco dno Regi quam eidem Thome et Collegio predco unacum dampnis suis predictis accone detenconis debit. illius sibi adjudicari etc. Et quia Cur dni Regis hic de Judicio suo de & super premissis reddend. nondum advisatur, dies inde da●. est partibus predcis coram dno Rege apud Westm. usque diem Jovis prox. post octabis sci. Hillari● de Judicio suo de & super premissis audiend. etc. eo quod Cur. d●i Regis hic inde nondum etc. Ad quem diem coram dno Rege apud Westm. ven. partes predce per Attornat. suos predcos. Et quia Cur. dni Regis hic de Judicio suo de & super premissis predcis reddend. nondum advisatur dies ulterius inde dat. est partibus predcis coram dno Rege apud Westm. usque diem Mercurii prox. post xviii. Paschae de judicio inde audiend. etc. eo quod Cur. dni Regis hic inde nondum etc. Ad quem diem coram dno Rege apud Westm. ven. partes predce per Atturnat. suos predcos. Et quia Cur. dni Regis hic de Judicio suo de & super premissis predcis reddend▪ nondum advisatur dies ulterius inde dat. est partibus predcis coram dno Rege apud Westm. usque diem Veneris prox. post Crastin. sce Trinitatis ex tunc. prox. sequen. de Judicio inde audiend. eo quod Cur. dni Regis hic inde nondum etc. Ad quem diem coram dno Rege apud Westm. ven. partes predce per Atturn. suos predcos, super quo viss. & per Curiam dni Regis hic plenius intellcis oibbus & singulis premissis, maturaque deliberacone inde hita pro eo quod videt. Cur. dni Regis hic quod Plitum predcm per predcm Thomam Langton qui tam etc. superius replicando plitat. materiaque in eodem content. bona & sufficien. in lege existit ad acconem ipius Thome Langton qui tam etc. versus predcm Edmundum hend. manutenend. Ideo conss. est quod predcus Thomas Langton qui tam etc. recuperet versus Edmundum debitum predcm unde dns Rex heat unam medietatem, & predcus Thomas Langton qui tam etc. & Collegium pd▪ heat alteram medietatem juxta formum lrar. paten. predcar. & Statut. pr●d●●. Quodque idem Thomas Langton qui tam etc. recuperet versus 
Costs.  eum sex libras tresdecim solidos & quatuor denarios pro damnis suis que sustinuit tam accone detenconis debi predci quam pro miss & custagiis suis per ipsum circa sectam suam in hac parte apposit. eidem Thome Langton qui tam etc. per Cur. d●i Regis hic ex assensu suo adjudicat. Et predcus Edmundus in miserecord. etc. Postea scilt die Sabbi prox. octab. sci Martini Anno regni dni Jacobi nunc Regis Anglie sexto coram eodem dno Rege apud Westm. ven. predcus Praesidens per Atturnat. suum predcum & Cogn. se esse satisfact. per predcm Edmundum Gardiner de tota parte sua debi predci & d● damnis predcis que ad ipn Praesidentem pertinet ideo ipe idem Edms de tota parte illa & de damnis illis sit quiet. etc. Quod quidem Recordum coram nobis sic hitum duximus exemplificand. In cujus rei Testimonium has lras nras sieri fecimus patentes  
Teste Thoma fleming apud Westm. undecimo die Februarii Anno Regni nri Anglie Francie & Hibnie sexto & Scocie quadragesimo scdo. Bing. & Bing.   

A Copy of an Exemplification of a Recovery against Doctor Bonham 13. Feb. 6. Jacobi.  
JAcobus Dei grac. Angl. Scot Franc. & Hibnie Rex fidei defen. etc. Omnibus ad quos presentes etc.  
ut supra sss Plita coram dno Rege apud Westm. Termino sci Michis Anno Regni dni Jacobi nunc Regis Anglie quinto Rotulo 299. sss London sss Memorand. quod als scilt. Termino sce Trinitatis ultimo preterito Coram dno Rege apudwestm. ven. Presidens Collegii sive Coitat. facultatis medicine London qui tam pro dno Rege quam pro eodem Praesidente & Collegio predco sequitur per Laurencium Gibson Atturnat. suum. Et protulit hic in Cur. dci dni Regis tunc ibm quandam Billam suam versus Thomam Bonham in Custod. Marr. etc. de plito debi & sunt pleg. de pross. scilt. Johes Doo & Ricus Roose. Que quidem Billa sequitur in hec verba sss. London. sss. Presidens Collegii feu Coitat. facultat. Medicine London. qui tam etc. (as in Gardiners Case.)  
Et modo ad hunc diem scilt. diem Veneris prox. post 
Bonhams Answer.  octab. sci. Michis isto eodem Termino usque quem diem predcus Thomas Bonham huit Licenc. ad billam predcam interloquendi & tunc ad respondend. etc. Coram dno Rege apud Westm. ven. tam predcus Praesidens Collegii seu Coitatis dce facultatis Medicine London. qui tam etc. per Atturnat. suum p●● predcum qm predcus Thomas Bonham per William Edwards Atturn. suum. Et idem Thomas defend. vim & 〈◊〉. quando etc. Et dic. quod predcus Praesidens Collegii seu Coitat. dce facultat. Medicine London. qui tam etc. pro dco dno Rege quam pro ●odem Praesidente & Collegio predco sequitur acconem suam predcam inde versus cum habere seu manutenere non debet, quia dic. quod bene & verum est, quod predcus dus Henricus octavus nuper Rex Anglie per predcas lras suas patent. magno sigillo suo Anglie sigillat▪ geren. dat. apud Westm. in predco Com. Midd. predco Vice simo tertio die Septembris Anno Regni sui decimo sup. dco pro publico bono hujus Regni in debo exertio facultat. Medicine & bona administracone Medicinar. hend. & pro causis & considerationibus in eisdem lris patentibus expressis incorporasset & fecisset de predcis Johne Chamber, Thomas Linacre & Ferdinando de victoria ad tunc Medicis ejusdem nuper Regis & Nichao Halsewel Johe Francisci & Robto Yaxley & oibus aliis viris ejusdem facultatis tunc de & infra dcam Civitatem London▪ unum Corpus & perpetuam Coitatem sive societatem facultat. Medicine & ad hend. perpetuam successionem & Coe sigillum, & ad eligend. annuatim unum presiden. ejusdem societatis sive Coitatis ad supervidend. regend. & gub●and. eandem societatem sive Coiatem & omnes homines ejusdem facultat. Cum diversis aliis privilegiis & al. rebus per dnm nuper regem eye concess 〈◊〉 reipublica hujus▪ Regni prout in predcis lris paten. ut prefertur plenius continetur. Ad quod predcus ●uper Rex concess●. etiam per easdem lras patent. eis●em tunc Presidenti & Collegio seu Coitat. & successor. suis quod nemo in dca Civitate aut▪ per sept. milliar. in Circuit● ejusdem exerceret dcam facultatem nisi ad hoc per predcum Praesidentem & Coitat. seu successures eorum qui pro tempore fuerint admisss foret per ●jusdem Praesidentis & Collegii lras sigillo suo Coi sigillat. sub pena Centum solidor pro quolibet mense quo non admissus eandem facultatem exerceret, dimid. inde dco dno nuper Regi & heredibus suis et dimid. dco Praesidenti & Collegio applicand. etc. and recites the Statute of 14. Hen. 8. cap. 5.  
Et predcus Thomas Bonham ulterius dic. qd ipe idem Thomas diu ante predum vicesimum quintum diem Junii Anno Regni dci dni Regis nunc Anglie quinto supradicto, scilt. scdo die Julii Anno Dni millimo quingentesimo nonage simo quinto in Alma Academia Cantabrigie suscepit gradum & dignitat. Doctoris in Medicinis & ad tunc & ibm scilt. eodem scdo die Julii an. dni millimo quingentesimo nonagesimo quinto supradicto apud Cantabrigiam predcam in Com. Cantabr. rite et li●ime Ordinat. & fact. fuit Graduat. Anglice a Graduat pred vidlt Doctor in Medicinis sedum leges statuta constitucones & Ordinacones dce Academie Cantabrigie. Quodque idem Thomas tunc et ibm adimplevit omnia Anglice, did accomplish all things pro forma sua sine aliqua gratia Quorumque pretex●u idem Thomas hujmodi Graduat. Cantabrigie vidlt Doctor. in Medicinis in forma predca existen. qui adimplevisset omnia Anglice, had accomplished all things, pro ●orma sua sine aliqua gratia dcam facultatem Medicine per predcm spatium duodecim mensium vlt. elaps. et prox. preceden. ante diem impetraconis bille predce scilt. predcm vicesimum quintum diem Junii ann. Regni d●i d●i Regis nunc Anglie quinto supradicto in dca Civitati London. vidlt. in predca parochiab●e Marie de Arcubus in Warda d● Cheape London. exercuit modo et forma prout predcus Presidens qui tam etc. superius versus eum narravit prout ei bene licuit. Et hoc paratus est verificare, unde petit Judicium si predcus Praesidens qui tam etc. acconem suam predcam inde versus eum habere seu manutenere debeat etc.  
Ad quem diem coram dno Rege apud Westm. ven. tum predcus Presidens qui tam etc. qm predcus Thomas Bonham per Atturnat. suos Predcos. Super quo visss et per Cur. dni Regis hic plenius intellcis oibus et singulis premissis maturaque deliberacone inde hita pro eo qd videtur Cur. dni Regis hic qd plitum predcm per pre fat. Thomam Bonham modo et forma predcis superius plitat. materiaque in eodem content. minus sufficien. in lege existunt ad ipm Praesidentem qui tam etc. ab accone sua predca versus ipm Thomam hend. precludend. ideo concess. est predcus Presiden. qui tam etc. recuperet versus ipm Thomam Bonham debm predcm unde dns Rex heat unam medietatem etc. et recuperet duodecim libras pro damnis suis que sustinuit etc.  
In cujus rei testimonium etc. dat. 13. die Febr. Anno Regni Anglie Fr. et Hib. 6. et Scot 42. Bing. & Bing.   

Trinity 7. Jacobi 1609. In the Common Bench.  
College of Physicians Case.  
Brownlow's Reports: Second Part.  
THomas Bonham brought an Action of false 
Action of false imprisonment.  Imprisonment against Doctor Alkins and divers other Doctors of Physic: The Defendants justified, that King H. 8. Anno Decimo of his Reign, founded a College of Physicians, and pleaded the Letters Patents of their Corporation: And that they have Authority by that to choose a Precedent, etc. as by the Letters Patents, etc. and then pleads the Statute of 32. H. 8. chapt. 40. and that the said Doctor A●kins was chosen Precedent, according to the said Act and Letters Patents, and where by the said Act and Letters Patents it is provided that none shall practise in the City of London or the Suburbs of that; or within seven miles of the said City, or exercise the faculty of Physic, if he be not to that admitted by the Letters of the Precedent and College, sealed with their common Seal, under the Penalty of a hundred shillings, for every Month (that he not being admitted) shall exercise the said faculty; further we will and grant for us and Our Successors, that by the Precedent and College of the Society for the time being, and for their Successors for ever, that they may choose four every year, that shall have the overseeing, and searching, correcting, and governing, of all in the said City being Physicians, using the faculty of Medicines in the said City, and other Physicians abroad whatsoever using the faculty of Physicking by any means frequenting and using, within the City or Suburbs thereof, or within seven miles in compass of the said City, and of punishing them for the said offences, in not well executing, making and using that: And that the punishment of those Physicians using the said faculty, so in the premises offending, by Fines, Amercements, Imprisonments of their Bodies, and by other reasonable and fitting ways shall be executed: Note the preamble of these Letters Patents is, Quod cum ●●regii officii nostri munus arbitremur, ditionis nostrae, Hominum felicitati omniratione Consulere: Id autem vel inprimis fore, si improborum conaminibus tempestive occurramus, apprime necessarium fore deximus, improborum quoque hominum, qui medicinam magis avaritiae suae causa, quam ullius bonae conscientiae fiducia profitebuntur unde Rudi & credulae plebi plurima incommoda oriuntur, audaciam compescere. And that the Plaintiff practised 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 decree to be Doctor of Physic by the University of Cambridge, and was allowed by the University to practise, and confessed that he had practised within the said City, and as he conceived, it was lawful for him to practise there, that upon that the said Precedent and Commonalty fined him to a hundred shillings, and for not paying that and his other contempt, committed him to prison, to which the Plaintiff replied as aforesaid, and upon this demurrer was joined: And Harris for the Defendant, saith, that this hath 
Sergeant Harris the younger.  been at another time adjudged in the King's Bench, where the said College imposed a Fine of five pound upon a Doctor of Physic which practised in London without their admission, and for the non payment of that, brought an Action of Debt, and adjudged that it lay well, and that the Statute of 32. H. 8. extends as well to Graduates, 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 redressed by this, are not expressed in that, and the Statute shall not be intended to punish Impostors only, but all other which practise without examination and admittance; for two things are necessary to Physicians, that is, learning and experience, and upon that there is the proverb, Experto crede Roberto: And the Statute intends that none shall practise here but those which are most learned and expert, more than ordinary: And for that the Statute provides, that none shall practise here without allowance and examination by the Bishop of London and the Dean of Paul's, and four learned Doctors: But in other places the examination is referred only to the Bishop of the Diocese, and the reason of the difference is, for that, that London is the heart of the Kingdom: And here the King and his Court, the Magistrates and Judges of the Law, and other Magistrates are resident, and with this agreed the government 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 only, for that the word Impostor is not mentioned in the Statute: And the Statute provides that they shall be punished, as well for doing and using, as for ill using: And also it is provided that the Statute of 1. Marry 1. Parliament, chap. 9 That the Guardians, Gaolers, or Keepers of the Wards, Goals, and Prisons within the City and Precinct of that, shall receive unto his Prison all such person and persons so offending which are sent or committed to them, and those safely shall keep without Bail, till the party so committed, shall be discharged by the said Precedent, or other person by the said College to that authorised, by which it appears, that the Gaolers, Keepers of Prisons, have power to retain such which are committed: That then the Precedent shall have power to commit, for things Employed are as strong as things Expressed; as it appears by the Com. straddling and Morgan's Case: and also in the Earl of Leicester's Case, where it is agreed, that Jointure before Coverture cannot be waved, and this is employed within the Statute of 27. H. 8. And so the Statute of 2. Ed. 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 Judgement for the Defendants.  
Dodridge Sergeant of the King, for the Plaintiff said, that the Statute of ●4 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 Physician, and the Plaintiff was not charged for ill executing 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, and thereupon they forbade him, and being sent for and not appearing, was amerced five pound, and order that he should be Arrested, and being Arrested, upon his appearance, being examined if he would submit himself to the said College; he answered and confessed, that he had practised within the said City, being a Doctor of Physic as aforesaid, as well to him it was lawful, 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 Physic 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 
Walter.  end of his work: And this intent shall be expounded for three reasons apparent in the words contained in the Grant.  
First, Intempestive conatibus occurrere.  
Secondly, Improborum Hominum, qui medicinam magis avaritiae suae causa, quam ullius bonae Conscientiae fiducia profitebantur, audaciam Compescere.  
Thirdly, which would invite learned men to practise here, and for that would, quoth collegium 〈◊〉 Doctorum & graviorum virorum qui medicinament in urbe nostra Londino & suburbibus infra septem millia passuum in urbe quaquaversus, publice Exerceant institui volumus & imperanus: And further he said, that there are three sorts of men, which meddle with the Body of a man.  
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.  
And the second is practive, the knowledge of which is only his experience, he may give Probatum est: But the ignorance of the cause of the disease, and the nature of the things which he applies for the cure of that.  
And the third is an Impostor, which takes upon him the knowledge which he hath not, and every of them the College may punish, for Male utendo, faciendo vel exequendo, by what 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 University: And for that the Act provides that they shall not be prejudicial to any of the Universities of Oxford and Cambridge, and with this agrees 3. H. 8. 11. and the privileges 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 punish according to these Statutes, and late edicts: And by the former Laws the Universities, that their privileges were excepted, and by their former Statutes, the Letters Patents ought to be directed, for it is referred them: Also the Statutes of this Realm have always had great respect to the Graduates of the Universities, and it is not without cause, for Sudavit & Alsit, and hath no other reward but this degree which is Doctor, and for that the Statute of 21. H. 8. prefers Graduates, and provides that Doctors of Divinity or Bachelors shall be capable of two Benefices 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 Bachelor of Divinity: And to the objection, that none shall practise in London or seven mile's circuit of it without licence, that this clause shall be expounded according to the matter, and to that he agreed, for the other branches of the Statute are made to cherish grave and learned men, and for that it shall not be intended, 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 only speculative without practice, to that he answered, that all their Study is practise, and that if they have no practice of themselves, than they attend upon others which practice, 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, then in other places, to that it is agreed: But he said that in the University there is a more strict course then this, for here he ought to be publicly approved by many after he hath been examined 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 degree, (quia gradatim & progressione Doctrinae provenit, to that, and that Doctor is teacher, and that he was first taught by others as Scholars, 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 Jews, where there were Doctors of Law; and it appears that they had their ceremonies in time of H. 1. And when a man brings with him the Ensign of Doctrine, there is no reason that he should be examined again, for than 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 seems that the Justification is not good, which is, Quia non comparuit upon Summons, he was amerced, and ordered that he shall be arrested, and being arrested, being examined if he would submit himself to the College, he answered that he was a Doctor, and had practised and would practise within the said City, as he conceived he might lawfully do, and for that showing of this case he was committed to prison; and he conceived 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 may imprison the Empiric and Impostor, and so prayed Judgement for the Plaintiff; and after in Hillary Term, in the same year, this case was argued by all the Justices, of the Common Bench, and at two several days, and the first day it was argued by Foster, Daniel, and Warburton, Justices, at whose Arguments I was not present, but Foster argued against the Plaintiff, and Daniel and Warburton with him, and that the Action of false imprisonment was well maintainable. And the second day the same case was argued again by Walmesley Justice, and Coke chief Justice, and Walmesley argued as followeth, that is, that the 
Walmesley.  Statute of 3. H. 8. was in the negative, that no person within the City of London or seven miles of that, take upon him to exercise or occupy, as Physician or Chirurgeon, etc. And he doth not know in any case where the words of the Statute are negative, that they admit any Interpretation against that but one only, and that is the Statute of Marlebridge chapter 4. Which provides that no Lord shall distrain in one County, and the beasts distrained drive into another County, in which case though that the words are negative, yet if the Lord distrain in one Country, he may drive his beasts to his Manor in another County, of which the Lands, in which the distress was taken, 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 for that, that the Beasts may remain within his Fee, 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, Cum Regii officii nostri munus arbitremur, ditionis nostrae hominum selicitati omni ratione consulere, id autem vel imprimis fore, si Improborum conatibus tempestive occurremus, apprime necessarium duximus improborum quoque hominum, qui medicinam magis avaritiae suae causa quam ullius bonae conscientiae fiducia profitebantur, etc. 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 remove 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 sufficient for him that his Subjects live, but that they should live happily, and discharges not his Office, if his Subjects live a life, but if they live and flourish, and he hath care as well of their Bodies as of their Lands and Goods, for Health for the Body is as necessary as virtue to the mind, and th● 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 allowed by the University 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 occupy as Physician or Chirurgeon within the City of London and seven miles of that, if he be not first examined, approved, and admitted by the Bishop of London, and the Dean of Paul's for the time being, calling to them, four Doctors of Physic or Surgeons▪ &c, And that no practiser may occupy or exercise the said faculty out of the said Precincts, if he be not first examined, approved, and admitted by the Bishop of the Diocese, or in his absence, by his Vicar general, every 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, that in this City, and the said Precincts, the King and all his Council, and all the Judges and Sages of the Law, and divers other men of quality and condition, live and continue, and also the place is more subject unto Infection, and the air more pestiferous, and for that there is more necessity, that greater care, diligence, and examination be made of those which practised here in London and the Precincts aforesaid, then of those which 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 for that 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 Universities nor of those which are Graduates there, and for that they shall be tried by the said Act, and the Statute of 14. H. 8. chapter 5. only excepts those which are Graduates of Oxford or Cambridge which have accomplished all things for the form without any Grace; and if this Exception shall be intended to extend to others, than all the University shall be excepted by that, and such exception was too general; and over he said, that the Plaintiff gave absurd and contemptous 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, that he hath practised against the Statute he was worthily punished and committed, for it should be a vain Law if it did not provide punishment for them that offend against that; and Bracton saith, Nihil est habere Leges, si non sit unus qui potest Leges tueri, and for this here are four grave and discreet men to descend and maintain the Law, and to punish all Offenders against that, 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 Mediciners, and the Statute of 1. Marie provides that the Keepers of Prisons, shall receive all which are committed by the said four grave and learned 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 then this, for we commit to them our lives, when we receive physic 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 assemble 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 discreet men, and the Statute of 1. Marie inflicts punishment upon Contempts, and not for any other offences, and they held a Court, and so may commit as every other Court may for a contempt of common right, without Act of Parliament, or Information, or other legal form of proceeding upon that, as it appears by 7. H. 6. for a contempt committed in a Leet, the Steward committed the Offender to Prison; 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 upon them, that we will not be tried by men of experience, practice, and Learning, but by the University, where a man may have his Degree by grace without merit, and so for these reasons he concluded that this Action is not maintainable.  
Coke chief said, that the Cause which was pleaded 
Coke.  for, that the Plaintiff was committed, was for that, that he had exercised Physic within the City of London 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 he said that he would practise, for he was a Doctor of Cambridge, and upon that it was ordained that he should be committed, till he should be delivered by the Doctors of the College, and upon this was the Demurrer joined, and in pleading the Plaintiff said, that he was a Doctor of Philosophy and Physic, upon which the Lord took occasion to remember a saying of Galen, that is, ubi Philosophia desinit, ibi medicina incipit, and he said the only question of this case depends not upon the payment of the said hundred shillings, but upon the words of the Letters Patents of the King, and the said two Statutes, the words of which are Concessimus eidem praesidenti, etc. Quod nemo in dicta Civitate, aut per septem milliaria 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 paena centum solidorum pro quolibet mense quo non admissus eandem facultatem exercuit, dimidium inde nobis, & haeredibus nostris, & dimidium dicto praesidenti & Collegio applicandum, & praeterea volumus & concedimus pro nobis, etc. Quod per praesidentem & Collegium communitat●● pro tempore existent. & eorum successores in perpetuum, quatuor singulis annis per ipsos eligantur, qui habeant supervisum, scrutinium, & correctionem & gubernationem omnium & singulorum dictae Civitatis medicorum utentium facultate, medicinae in eadem Civitate, ac aliorum medicorum, forinsecorum quorumcunque facultatem illam medicinae, aliquo▪ modo frequentantium & utensium infra eandem civitatem & suburbia ejusdem vel septem milliaria in circuitu ejusdem Civitatis ac punitionem eorundem pro delectis suis, in non bene exequendo, faciendo & utendo illa, nec non supervisum & scrutinium hujusmodi medicorum & eorum receptionum, per praedictos medicos sive aliquem eorum hujusmodi legeis nostris pro eorum Infirmitatibus curandis & sanandis, dandis imponendis & utendis quoties & quando opus fuerit, procommodo & utilitate eorundem legiorum nostrorum; Ita quod punitio hujusmodi medicorum utentium dicta facultate medicinae sic in praemissis delinquentium, per Fines, Amerciamenta, Imprisonamenta corporum suorum & per alias vias rationabiles & Congruas exequantur, 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 Precedent, etc. shall forfeit a hundred shillings for every Month be that good or ill, it is not material, the time is here only material, for if he exercise that for such a time, he shall forfeit as aforesaid.  
The second clause is, that the Precedent, etc. shall have Scrutinium Medicorum, etc. & punitionem eorum pro delictis suis in non bene faciendo, utendo & exequendo, etc. And for that the Precedent and the College may commit any delinquent to Prison: And this he concluded upon the words of the Statute, and he agreed with Walmesley, that the King hath had extraordinary care of the health of the Subjects. Et Rex censetur habere omnes Artes inscrinio pectoris, and he hath here pursued the Course of the best Physicians, that is, Removens & promovens, removens Improbos illos, qui nulli bonae conscientiae fiducia profitebantur & audaces, & promovens ad sanitatem: And for that the Physician ought to be profound, grave, discreet, grounded in learning, and sound 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 Juvene Theologo est Conscientiae detrimentum; in Juvene Legislatore bursi detrimentum, & 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 Physicians is to be compared to the University, for it is subordinate to that, Cantabrigia est Academia nostra nobilissima totius Regni oculus, & sol ubi humanitas & doctrina simul fluunt: 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 Majus & Minus, for so a man may grievously offend in one day, and for that in such a case, his punishment shall be by Fines, Amercements, Imprisonments of their Bodies, and other ways, etc. But if practise well, though it be not an offence against the Letters Patents and the Statutes yet the punishment shall be but pecuniary, and shall not be Imprisoned, for if he offend the Body of a man, it is reason 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 three weeks and then departs, he is not punishable by the said College, though that be without admission, for peradventure such a one is better acquainted with the nature and disposition of my Body, and for that more fit to cure any Malady in that then 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 acquaintance 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 Precedent and College cannot commit any Physician, which exerciseth the said faculty without admission, for the space of a Month, nor bring their Action before themselves, nor levy that by any other way or means: but aught to have their Action or exhibit an Information upon the Statute, as it appears by the Book of Entries, for they ought to pursue their power which is given to them by the Statute, for otherwise the penalty being given, the one Moiety to them, and the other to the King, they shall be Judges in Propria causa, and shall be Summoners, Sheriffs, Judges, 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, although he be party and if the King doth not appoint another Judge, than the Grantee which is party, the Grant is void, though that it be confirmed by Parliament, as it appears by 8. H. 6. 44. Ed. 3. The Abbot of Readins Case, for it is said by Herle in 8. Ed. 3. 30. Tregores Case, that if any Statutes, are made against Law and Right, and so are these, which makes any man Judge 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 Augustine's, which have Covent and Common Seal, that the Common Seal shall be in keeping of the Prior, which is under the Abbot, and four others which are the most Sages of the house, and that any Deed sealed with the Common Seal which is not so in keeping shall be void, and the opinion of the Court that this is a void Statute, for it is imperttinent to be observed, being the Seal in their keeping, the Abbot cannot Seal any thing with it, and when that it is in the hands of the Abbot, it is out of their keeping, ipsofacto: 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 Cessavit after 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 Ancester, and that, that was judged an unreasonable Statute in 33. Ed. 3. for that, that the Heir cannot have the arrearages 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, & for that 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 Parliament, to commit him which is found in arrearages: But if he do not commit him forthwith, they cannot commit him afterward, as it appears by 27. H. 6. 9 So two Justices of the Peace may view a force and make a Record of that, and commit the offenders to Prison, but this aught 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 Justice: But they have not made any Record of that: And Auditors and Justices of Peace, aught to make Records, as it appears by the Book of Entries: So that admitting that they may commit, yet they ought to do it forthwith, but in this case they cannot commit till the party shall be delivered by them, for this is against Law and Justice; and no Subject may do it, but till he be delivered by due course of Law, for the commitment is not absolute, but the cause of that is traversable, and for that aught to justify for special cause; for if the Bishop returns that he refuses a Clerk, for that he is Schismaticus Inveteratus, this is not good, but they ought to return the particular matter: 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 Physic: And they cannot make any new Laws, but such only 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 equity, for by these the Precedent 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: That by this appears, that the former Statute shall not be taken by equity: And so he concluded, that Judgement shall be entered for the Plaintiff, which was done accordingly.  
Coke in the conclusion of his argument observed these 7. things for the better direction of the Precedent and Commonalty of the said College for the time to come. 1. That none may be punished for practise of Physic in London but by the forfeiture of 5 l. a Month, which is to be recovered by Law. 2. If any one practise Physic there less than a Month, that he shall forfeit nothing. 3. If any person prohibited by the Statute offend in non bene exequendo, etc. they may punish him according to the Statute within the Month. 4. Those whom they may commit to prison by the Statute ought to be committed presently. 5. The fines which they impose according to the Statute belong to the King. 6. They may not impose a fine or imprisonment without Record thereof. 7. The cause for which they impose fine or imprisonment must be certain.   

The Proceed of the College against Christopher Barton Weaver.  
UPon the complaint of divers persons against the said Barton for practising of Physic, the said Barton was sent for by a Messenger of his Majesty's Chamber, who appearing before the Precedent and Censors the 6. of Septemb. 1639. and many things being laid to his charge, yet for some reasons he was bound with sureties to appear again before them the 4. of October following; And he then also appearing was for the Causes in the Censors Warrant expressed, committed 
barton's Commitment.  to the Prison of Woodstreet-Compter London, where he remained till the 19 of October following, never having by all that time petitioned the College for his liberty; and then by virtue of a Writ of hab. Corpus, which he had sued forth of the Kings-Bench, he was carried with his Cause to the Kings-Bench Bar at Westminster. The Copy of which Warrant and the return thereof here immediately ensueth.  
Nos Johannes Warner & Thomas▪ adam's vic. Civit. 
London ss. ● Sheriff's. R●●●turn.  London, Serenissimo Dno Regi in brevi huis schedul. annex. noiat ad diem & locum in eodem bri. content. certificamus, quod ante adventum nob. predct. bris scilt. duodecimo die Sept. Anno Regni dci. Dni Regis nunc Angl. etc. decimo quinto Christophorus Barton in dco. bri noiat. comissus fuit prisone Dni Regis scilt. Computator. situate. in Woodstreet London predct. & in eadem prisona sub Custodia Isaaci Pennington & Johannis Wollaston tunc vic. Civit. predct. & in eorum exit ab officio suo, sub custodia nr. detent. virtute cujusdam Warranti Otwelli Meverell, Laurentii Wright, Edmundi Smith, & Willmi Goddard in Medicinis Dctor. et Censor. Collegii Medicor. in London. sub sigillo Coi. Collegii Medicor. London pred. Custod. predct. computorii London predct. vel ejus deputat. direct. cujus quidem Warranti tenor sequitur in haec verba.  
ss. We Otwell Meverell, Laurence Wright, Edmund 
College Warrant.  Smith, and William Goddard, Doctors in Physic and Censors of the College of Physicians in London being chosen by the Precedent and College of Physicians aforesaid to govern and punish for this present year all Offenders in the Faculty of Physic within the City of London and the Suburbs thereof, and seven mile's compass of the said City, according to the authority in that behalf to us duly given by certain Letters Patents under the Great Seal of England made and granted to the said College and Commonalty by the late King of famous memory King Henry the 8th bearing date the 23. day of September in the tenth year of his reign; and one Act of Parliament made in the 14. year of the reign of the said late King Henry the 8th concerning Physicians, where by the Letters Patents aforesaid and every thing therein are granted and confirmed. And by virtue of the said Act of Parliament and Letters Patents aforesaid, and one other Act of Parliament made in the first year of the reign of our late Sovereign Lady Queen Mary, entitled, An Act touching the Corporation of Physicians in London, Did cause to be brought before us the sixth day of this instant September, at our Colledge-house in Pater noster-Row in London, one Christopher Barton, and we have examined the said Christopher Barton, and upon his examination and other due proofs, we have found that the said Christopher Barton hath unskilfully practised the Art of Physic within the City of London and Precinct aforesaid, upon the bodies of Richard Ballady of Aldermary Parish London, Michael Knight of S. botolph's Parish Aldgate London, and the Child of one Jane Bigge, and some others, in the month of January in the year 1638. contrary to the Laws in that behalf made and provided; whereupon we have imposed upon the said Christopher Barton a Fine of 20 l. for his evil practice in Physic aforesaid; And we have also for the same cause sent you the Body of the said Christopher Barton, willing and requiring you in the King's Majesty's name to receive and keep him in safe custody as prisoner, there to remain at his own costs and charges without bay● or mainprize until he shall be discharged of his said imprisonment by the Precedent of the said College, and by such persons as by the said College shall be there unto authorised according to the Statute in that behalf made, and this our Warrant shall be your discharge. Given at the said College the eleventh day of September in the fifteenth year of the Reign of our Sovereign Lord King Charles.  
Otwell Meverell, Edm. Smith, Lawr. Wright, William Goddard.  
To the Keeper of Woodstreet Compter London, or his Deputy.  
To Mr. John Penyall one of the Messengers of his Majesty's Chamber in Ordinary to execute this Warrant:  
Et haec est causa accepcois & detenconis prefati Christophori Barton in prisona predct. sub custodia nra corpus Cujus quidem Christophori coram prefat. Dno Rege apud Westm. parat. habemus.  
Being at the Bar the said 19 of October, for that the Lord chief Justice Sir John Bramston was not present, the other Judges present would not accept of Bail, which the said Barton tendered, but suspended the matter until Tuesday the 22. of October following, Barton for that time was returned back; and coming to the Bar again on the said Tuesday with his Council and Bail, the Lord Bramston being then present, my Lord demanded the return of the warrant, which was neglected by the Clerks of the Court, and left in the Crown Office in the Temple, so my Lord would not proceed, but respited the cause until Thursday the 24. of October following, when all parties appearing with Council on both sides, the Warrant and Return was read, and the Cause debated, and there the Court plainly declared, that he should not be bailed, it being against the Law, and the Letter of the Warrant grounded upon the Statutes. Then it was desired by barton's Council, that he might go over to the Kings-Bench, which also was denied, because he was committed originally to the Compter in Woodstreet, as appeared by the Warrant, and so Barton was remanded by the Court to the said Compter, and willed if he would have Liberty to submit to the 
Barton remitted to prison.  College and make his peace there: Barton being in Custody of the Sergeant that carried him up to the Bar e●●●ibited his humble Petition to the Precedent and Censors the 25. of October signed with his own hand for abatement of part of his Fine and for his enlargement, submitting in all things unto them; whereupon the Precedent and Dr. Meverell one of the Censors▪ were contented to abate the half of his Fine of 20 l. and to accept of 10 l. the one half to be paid in hand (which was paid) and the other half at our Lady day next. And so upon the 29. of October signed his discharge and set him at liberty, he being put again before his enlargement into the said prison.   

Termino Trinitatis, anno octavo Caroli Regis, in Banco Regis.  
Croaks Reports, the First Part.  
Butler versus the Precedent of the College of Physicians, Pasc. 7. Car. rot. 519.  
ERror of a Judgement upon a Demurrer in the Common-Bench. The first Error assigned was because the Record was, Ad respondendum Domino Regi & Praesidenti Collegii etc. Qui tam pro Domino Rege, quam pro seipso sequitur quod reddat eis sexaginta libras, unde idem Praesidens qui tam etc. dicit, etc. Whereas the Action ought to have been brought by the Precedent only, qui tam, etc. and not by the King and Precedent, etc. sed non allocatur: For being 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, quam pro seipso sequitur, etc. 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 confirmavit) the College of Physicians by the name of the Precedent, etc. that no man should practise Physic in London, or within seven miles, without Licence under the Seal of the College, upon penalty of 5 l. for every month that he so practised, the one moiety unto the King, and the other unto the Precedent of the College, to the use of the said College, And for that the Desendant not being allowed, etc. had practised Physic for twelve months in London, The said Action was brought, etc. The Defendant pleads the Statute of tricesimo quarto Henrici octavi cap. 8. That every one who hath Science and experience of the nature of Herbs, Roots and Waters, or of the operation of the same by speculation or practice, may minister or apply in and to any outward Sore, Uncome, Wound, Aposthumations, outward Swelling or Disease; any Herb, Ointments, Baths, Pultes, or Implaisters, according to their cunning experience and knowledge, etc. or Drink for the Stone and Strangury, in any part of the Realm, without suit, vexation, etc. 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, Ointments, Baths, Drinks, etc. to their Sores, Uncomes, Wounds, and for the Stone and Strangury, or Agues, and to all other Diseases in the said Statute mentioned, prout ei benelicuit. Et quoad aliquam aliam practisationem seu facultatem medicinae aliter vel alio modo quod non est culpabilis. Et de hoc ponit, etc. And makes his averment, Et hoc paratus est verificare, The Plaintiff replies, and shows the Statute of primo Mariae capite nono, which confirms the Charter of decino 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, because it is a departure; for it entitles 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 shown to the Court, Mich. 42. & 43. Eliz. rot. 397. where the Precedent of the College of All-Souls, bringing an Action upon the Case for taking Toll in, and shows a Charter of vicesimo sexto Henrici sexti to be discharged of Toll, the Defendant pleaded the Act of Resumption of Liberties granted by Henry the sixth, made, and so the Liberty gone. The Plaintiff pleaded a Reviver of them by the Statute of quarto Henrici septimi: And it was held to be no departure, but as it were a confession and avoiding. The third and principal 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 Jusification? And quoad that, Whether the said Statute be repealed, the Court was not resolved. But Richardson, Chief Justice, conceived it was repealed by primo Mariae, by the general 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 decimo quarto Henrici octavi, was for Physicians: but the part of the Act▪ of trices▪ quar. Henrici octavi, was concerning Surgeons, and their applying outward Medicines to outward Sores and Diseases: And Drinks only for the Stone, Strangullion and Ague; That Statute was never intended to be taken away by the Act of primo Mariae. But to this point Jones and Woitlock, 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 ministered Medicines, Plasters, Drinks, ulceribus, Morbis & Maladiis, Calculo, Strangurio, Febribus, & aliis in Statuto mentionatis; so he leaves out the principal word in the Statute (Externis.) And doth not refer and show, That he ministered potions for the Stone, Strangullion or Ague, as the Statute appoints to these three Diseases only, and to no other. And by his Plea his Potions may be ministered to any other sickness; wherefore they all held his Plea was nought for this cause, and that Judgement was well given against him; Whereupon Judgement was affirmed.   

Termino Trinitatis anno quarto Jacobi Regis in Banco Regis.  
Croaks Reports the Second Part.  
Doctor Langhton versus Gardener.  
DEbt upon the Statute 14. H. 8. cap. 5. by the 
(4)  Plaintiff, as Precedent of the College of Physicians in London, and of the Corporation of Physicians there: For that the Defendant used the Art of Physic in London, without Licence from the College there, against the Statute, and their Charter: For which he demanded 5 l. for every month, being the penalty given by the Statute: The Defendant pleaded the Statute of 34. H. 8. which enables every one to practise Physic or Chirurgery, being skilful therein, notwithstanding any Act to the contrary. The Plaintiff replies, and shows the Statute primo Mar. cap. 9 which confirms their Charter, and every Article thereof to stand in force; Any Act, Statute, Law, or Custom 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 shown before. Stephen's argued for the Plaintiff. First, That the Act of 34. H. 8. is repealed by the Statute of of Prim. Mar. Quoad the College of Physicians in London, as fully as if it had been by express words recited and repealed: For when it confirms the Charter of 14. H. 8. and appoints, that it, and every part thereof shall stand, and be available: The Statute of 34. H. 8. cannot stand with it, Quia leges posteriores leges priores contrarias abrogant, 4. Ed. 4. Porter'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 fortification thereof: And a Record was shown, Mich. 10. & 11. Eliz. betwixt Bomelins & ..... where the Record was in the same manner as this Record is; and there the Plaintiff had Judgement: Wherefore, etc. And there being none on the Defendants part to argue, The Court upon hearing of the Record, gave rule, that Judgement should be entered for the Plaintiff, unless, etc.   

Termino Paschae anno quinto Jacobi Regis in Banco Regis.  
Doctor Atkins versus Gardener.  
Scir. fac. Upon a Judgement in Debt upon the 
(●●)  Statute 14. H. 8. by Doctor Langhton Precedent of the College of Physicians in London, who died before execution had; and thereupon the successor brought a Scir. fac. to have execution; It was thereupon demurred, because the Scir. fac. aught to be brought by the Executor or Administrator of him who recovered, and not by the successor. But upon hearing of the Record, without argument, the Court held, that the successor might well maintain the Action; For the Suit is given to the College by a private Statute: And the Suit is to be brought by the Precedent for the time being; And he having recovered in right of the Corporation, the Law shall transfer that duty to the successor of him who recovered, and not to his Executors: The Action being brought, for that he practised Physic in London without Licence of the College of Physicians, against the Statute of 14. H. 8. Wherefore it was adjudged for the Plaintiff.   

Coram Judice D. Jo. Popham.  
APrilis die 8. Anno Dom. 1602. Compaverunt Rogerus Jinkins & Simon Read in Aedibus Primarii Angliae Justitiarii D. Johannis Popham Equitis Aurati: coram ipso Judice quiritantes, de Injuria illis illata per Praesidentem & Censores Collegii Medicorum, quorum authoritate, ob illegitimam Medicinae praxin, in Carcerem conjecti sunt, ibidemque jam per aliquot septimanas detenti.  
Adfuerunt ex parte Collegii per Praesidentem missi Censores tres, D. Johannes Nowell. Edwardus Lyster & Johannes Argent.  
Incarceratorum causam agebat quidem Magister Harris Jurisperitus.  
Judex prius sedulò perlectis iis Regni statutis, quae ad medicinam faciunt: Jinkins urgebat, ut rationem redderet cur ausus sit Medicinam exercere, licenti● non priùs impetratâ à Collegio Medicorum? Is Primùm Praxin denegavit, Postea, urgente magis Judice, haesitanter, & ambigue respondit. Tandem metuens ne Jurejurando premeretur; fassus est se aliquando Practicasse, idque, ut putabat, non illicitè, Quid, inquit Judex: Obtinuistine unquam Collegii Commune Sigillum? Non, inquit ille; Sed quia Chirurgus sum: & in opere Chirurgico saepe necessarius est internorum Medicamentorum usus. Respondit Judex; re ita urgente, advocandum esse Medicum, atque nullo modo licere Chirurgo medicum agere.  
Objecit Jurisperitus Praesidentis, & Censorum authoritatem non eam esse, quâ possint quenquam in Carcerem conjicere, ideoque à Collegio, ad alios Judices causam omnem esse promovendam.  
Hunc reprehendit Judex, asserebatque validam esse, maximéque legitimam, hac ex parte Collegii authoritatem.  
Multùm tandem conquestus est Jinkins, quòd ob raram praxin, eamque ex aliorum Praescripto, tam gravis ei Mulcta sit inflicta.  
Tum Libro Annalium ostenso; Compertum est eum jam antea sexties Publicè accusatum esse, & aliquoties etiam leves mulctas subiisse. Unde Judici aequissimum visum est, ut, cum clementer tractatus, incorrigibilem tamen se praebuisset, graviori tandem mulcta premeretur. Et eo quòd aliorum Medicorum Praescriptis ad suam Praxin saepius sit abusus, Consultissimum putavit 
Medicor. praescriptis Dies Mensis, cum patientis Nomine adscribendus.  Judex, ut omnes Medici, Praescriptis suis omnibus, & diem mensis, & Patientis nomen inscribant unde fraus iis abutentium, faciliùs deprehendi possit.  
Judex, Re auditâ; Collegiique Censurâ optimè approbatâ, 
Jinkins redditur Carceri.  Jinkins denuò Carceri reddendum censuit, donec Praesidenti & Censoribus satisfactum sit.  
Cumque quorundam Amicorum instantiâ rogatus est Judex, ut fide-jussoribus admissis, immunitatem illi concederet à Carcere: Non est, inquit Judex, penes me, ut hoc faciam; Legibus enim Regni, illis solum datur, ut istud concedant.  
Quidam qui astabat, objecit; Statuto quodam regni cautum esse, ne quis liber, Civis Londinensis, per forinsecum aliquem incarceretur. Perlectis statuti verbis, nulloque modo sensum hunc ferentibus,  
Hujusmodi, inquit Judex, interpretationibus, meam etiam possitis infringere authoritatem.  

These words the Lord Chief Justice said in hearing this Cause.  
1. There is no sufficient Licence without the College Seal.  
2. No Chirurgeon, as a Chirurgeon, may practise Physic, no, not for any disease, though it be the great Pox.  
3. That the authority of the College is strong and sufficient to commit to prison.  
4. That the Censure of the College, rising from lesser mulcts to greater, was equal and reasonable.  
5. That no man though never so learned a Physician or Doctor may practise in London, or within seven miles, without the College Licence.   

Annal. l. 1. pag. 155, 156.  
Read conquestus est Collegium contra regni statutum ultra 20 l. paenam erogasse, verbis statuti perpensis pronuntiavit Judex Collegio licere quam velint mulctam infligere, custodem tamen carceris non esse astrictum ut eum detineat si sit ultra 20 l.  
Read praxin suam asseruit quod statuto regni cuivis concessum est per herbas etc. aliquos saltem morbos curare: at respondit Judex nonlicere, quoniam non ad. missus erat per Collegium.    

Resolutions of Questions concerning the College, by the Lord Chancellor and Judges.  
THe King having directed his Letters to the Right Honourable Thomas Lord Ellesmere Lord Chancellor of England, Sir John Popham Lord chief Justice and one of his privy Council, They the said Lord Chancellor and Lord chief Justice, by virtue of the same Letters called unto them Sir Thomas fleming then Lord chief Baron, Sir Thomas Walmesley & Sir Peter Warburton Knights, Justices of the Court of Common-Pleas, and Sir David Williams, and Sir Laurence Tanfield, Justices of the Kings-Bench; and after due consideration had, both of the Charter of King Hen. 8. and several Acts of Parliament thereof made in the 14. year of the same King, and the other in the first year of Queen Mary, did on the first of May 1607. at the house of the said Lord Chancellor, called York-house, resolve the several Questions hereafter mentioned.  
Quest. 1 Whether Graduates of Oxford and Cambridge may practise in London or seven mile's compass of the same without Licence under the said College Seal; by virtue of the clause in the end of the Statute of 14. Hen. 8. and whether that clause hath not relation to the Statute of 3. H. 8. only, or how far it doth extend?  
Resp. 1 All resolved that no Graduate that is not admitted and licenced by the Precedent and College of Physicians under their common Seal, could practise in London or within seven mile's compass of the same.  
Quest. 2 Whether by Graduates, Graduates in Physic only are to be understood?  
Resp. 2 They resolved, that the Exception in the Statute of 14. H. 8. ca 11. of Graduates in the two Universities is to be understood only of Graduates of Physic, 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 seven miles of the same, without examination, but not in London, nor within the said circuit of seven 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 correction and government of the College?  
They all agreed that they are subject to the Resp. 3 government and correction of the College by an express clause of the said Charter enacted, which giveth to the Censors Supervisionem, scrutinium, correctionem, & Gubernationem of all persons using the practice of Medicine within the City.  
Quest. 4 If they may not practise without admission of the College (as their Letters patents plainly import) 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. 4 It was resolved by all, that all that practised or should practise Physic, either in London, or within the compass of seven miles of the same, must submit themselves to the Examination of the Precedent and College if they be required thereunto by their authority, notwithstanding any Licence, allowance, or privilege given them in Oxford or Cambridge, either by their degree or otherwise.   

Concerning punishment and correction against Offenders.  
Quest. 1 WHether the Censors alone may not commit to prison without Bail or Mainprize all Offenders in the practice of Physic, 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. 1 They all resolved, that for not well doing using or practising the Faculty or Art of Physic, 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 interpreted, otherwise then 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 government thereof, and for not payment of such reasonable Fines as shall be imposed by the Precedent and Censors for maintenance of the said College among the Members of the same College.  
Resp. 2 They all resolved, that the Precedent and College might commit to prison for offences or disobedience done or committed against any lawful 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 better maintenance and defraying of necessary expenses as in other Corporations?  
Resp. 3 They all held that they might take such reasonable sums.  
Quest. 4 Whether those only 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 l. a month, and not be committed?  
Resp. 4 They all held, that by the Charter and Acts of Parliament, they might commit offenders and practisers that offend 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 doubtful, for that the Charter and Statute do in that case inflict a punishment of 5 l. a month against such practiser, without admittance by the College. But they all resolved, that if the Precedent 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 Precedent and College might both impose a reasonable Fine upon the offender, and commit him without Bail or Mainprize.  
Quest. 5 Whether refusal to come to be examined upon warning given be not a sufficient cause of Commitment?  
Resp. 5 They all resolved, that if the College do make an Ordinance, That if any practiser of Physic in London or within seven miles of the same shall obstinately or wilfully refuse to be examined by the Censors of the College in non bene exequendo faciendo & utendo the Art of Physic or his medicines or receipts, That the said Precedent and Censors may commit him to prison there to remain without Bail or Mainprize until he be delivered by the Precedent and Censors, and to forfeit and pay to the said College some reasonable sum of money, that the same Ordinance will be good and lawful. And if any after shall offend contrary to the same Ordinance, the Precedent and Censors may lawfully commit such offender to prison, there to remain without bail or mainprize until he shall be delivered by the said Precedent and Censors.  
It pleased the Lord Chancellor to move these Questions To the Judges, as material for the execution of the Statutes.  
Quest. Whether the party committed for unskilful or temerarious practice may have an Action of false imprisonment against them, and thereby draw in question or issue, the goodness or badness of the Physic?  
Resp. All resolved, that the party so committed was concluded by the sentence and Judgement of the four Censors of the College of Physicians.  
Quest. Whether if any not admitted to practise physic sick within London or seven 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 Physician.   

AT a Trial had at Guild hall before Justice Nicholas, Nou. 27. 1656. upon an Information, it was found for Barker upon these words in the Information mislaid (by Letters of the said Precedent and Commonalty Sealed) whereas the words of the Charter are, Sealed by the Seal of the Precedent and College.  
Barkers Council at the Bar pressed it upon the witnesses whether they gave Barker money for advice only, or for Physic only, or both; They said that he only sold his Medicines as Apothecaries and any Freeman of London might do. Our Witnesses swore that Barber took their money for both.  
Sergeant Maynard then urged that the King never gave his assent to this Charter as appeareth (said he) by the Rolls of that Session of Parliament, a Copy whereof he brought into the Court. And the reason then assigned was because the usual words le Ray le veult were not subscribed to this Act. But Mr. Finch desired that point might be put upon demur in Law after trial, Sergeant Maynard then waved the point.  
After this trial, search was made for the Act upon the Physician's Charter at the Tower of London, but found that there were no Acts kept there, made since the reign of H. 7.  
Then search was made at the Clerk of the Parliaments Office at Westminster, but not one Act of that Sessions of Parliament nor any other from the 7. to the 22. of Hen. 8. found there, for most of the Acts kept there concern only particular actions or persons.  
But at the Rolls this Charter was found, and that none of that part of the Act which is in English in the Book of Statutes was there set down in writing, but the bare words of the Charter only, at the end whereof these words, but plainly in another hand (huc usque) were written, and after all this a good large space in the parchment wholly blank left as it seems to inscribe the rest of the Act.  
After this Charter these words subscribed per ipsum regem, etc. which words as it appears by all other Acts passed in the same Roll, and as Mr. Clayton one of the keepers of the Parliament Rolls told me, in all other Acts made it manifest were passed by the King himself being personally present in Parliament.  
Upon farther search at the Rolls, I found the Act of Parliament its self, and had it exemplified under the Seal Dec. 18. 1658. So that the Charter its self is in one Roll, and the Act of Parliament in another distinct Roll.  
Now as to that objection, that these words le Roy le veult are not subscribed to this Act concerning Physicians, I answer, that neither were these words subscribed to some Acts preceding this, nor to any that followed it. And at the end of all this Roll 'tis said, the King having heard all the Acts recited and read, did confirm them, and commanded the Parliament to see them all observed.  
Rastals and Poultons' Statute Books, our Charter and Exemplification have all of them per Nomina Praesidentis Collegii seu Communitatis, etc. But in bonham's Case in Cooks Reports 'tis per Nomina Praesidentis & Collegii. 'Twas the opinion of two of our Council that Et would make a variation and nonsuit consequently. They both said that for the Tithes of London, and Magna Charta, there was nothing extant but prescription.  
If a Statute be special, particular, or private (as this of the College is) then if any man will have benefit by or make use of it, or will charge another upon it, he must plead and show the Statute at large, vide Shepard in folio pag. 917. Crompton, fol. 15. 1617.  
Lord chief Baron Steel at a Plea holden at Kingston upon Trent 1655. the Action being laid in Nomine Praesidentis Collegii seu Communitatis, etc. and the Defendants pleading it ought to run according to Cooks Reports, in Nomine Praesidentis & Collegii, salved it thus, by saying there was to be put a Comma after. Praesidentis, betwixt it and Collegii, and so did tantamount to Praesidis & Collegii.  
At a Trial at Guildhall against Trigge for ill practice, Judgement for Trigge, because the College could not prove what Medicines he gave, for he made his Medicines privately himself.  
Blank for ill practice fined by the Censors 20 l. and upon a habeas corpus was remitted to prison, and paid the Fine. Ann. l. 2. pag. 186.  
Trigge fined by the Censors for a Paracentesis 20 l. sent to Newgate, and pays the 20 l.   

14 15. H. 8.  
By Easter Record 1656. first draught.  
BE it remembered that the Precedent of the College or Commonalty of the faculty of Physicians in London, who followeth as well for Charles by the grace of God King of England, Scotland, France and Ireland, Defender of the Faith, etc. as for himself, did come before the Barons of this Exchequer the 6. day of June this Term in his own person, and as well for the said King as for himself, did give the Court here to understand and to be informed, That one Richard Barker of the Parish of St. John the Baptist in the Ward of Dowgate London, Gent. between the first day of July last passed, and the day of the exhibiting of this Information, that is to say, by the space of 11. months at the Parish of St. John Baptist aforesaid, did exercise the faculty of Physic, the said Richard Barker not being admitted to exercise the said faculty of Physic by the said Precedent and Commonalty by Letter of the said Precedent and Commonalty sealed with their common Seal, contrary to the form of the Statute in such case made and provided: whereupon the said Precedent as well for the said King as for himself prayeth the advice of the Court in the premises. And the said Richard Barker for the offence aforesaid may forfeit 55 l. of lawful money of England, that is to say, for every month of the said 11. months in which he did exercise the said faculty of Physic not being admitted in form aforesaid 5 l. of like lawful money of England. And that he the said Precedent may have the moiety of the forfeiture aforesaid according to the form of the Statute aforesaid, and that the said Richard Barker may come here to answer the premises.   

SEcretary Walsingham writes a Letter in 88 to the Major and Aldermen of London, who had then charged the College with Arms, that they should no more trouble them hereafter, but should permit them to live quietly and free from that charge. L. Annal. 1. cap. 67. Anno 1614 October 4. the College being charged with Arms, Sir William Paddy pleaded the privilege of the College before Sir Thomas Middleton Lord Major and a full Court of Aldermen, and Sir Henry Montacue Recorder, alleging that in former times by virtue of their Charter and Acts of Parliament, they have been exempted from this service, and that 1. The Statute 14. H. 8. confirms not only all Grants, Articles and other things contained in the said Letters Patents; but also for enlargement of farther Articles for the said College are to be interpreted available to the said College in as large and ample manner as may be taken, thought and construed by the same. 2. In Anno 32. H. 8. they and every of them of the said body corporate or fellowship and their successors, shall at all time and times be discharged to keep any watch or ward in London or the Suburbs of the same. Here observe the word (any) which in true right of construction was to be extended as if that clause had been in more words expressed. 3. In the Act for the Surgeons in the first entrance there are these words: It was thought expedient by the wisdom of the land to provide for men expert in the science of Physic and Chirurgery. And therefore when it followeth in their Act of Parliament, that the Surgeons by express words are exempted from the bearing of armour, it may truly be inferred that Physicians are exempted (as before) from any watch or wards; as also Physicians here recited in the preamble should receive a greater, or at least the same immunity, especially since Physicians are by their Science and Act of Parliament Surgeons without farther examination, and approbation to be had from the Bishop of London, whereunto mere Surgeons are subject. An Alderman objects, that by the words of this Act of Parliament, viz. bearing of Armour, were to free their persons, but not to exempt them from the charge of the service.  
Answer, That the difference 〈…〉 and wearing of arms was such, that the very Etymon of the word bearing, as in many other cases comprehended both, and therefore should give immunity for both. 4. In all foreign or domestic wars, Physicians do attend the Armies in person, and for this produceth the regigister. The Recorder then perusing every branch of the Statutes recited, and the reasons urged, and opening every part thereof at large, did conclude that the Acts of Parliament did extend to give to the College as much immunity as in any sort to the Surgeons. Whereupon the Court desired a Catalogue of the Members of the College, in number then 41. (which was immediately done) that others not of the College might not delude them, and so claim privilege. Hereupon ordered a dispensation of the College from bearing of Arms, and also a precept then awarded by the Major and Court to commit all other Physicians or Surgeons refusing to bear or find arms, who were not by the College allowed, or Surgeons licenced according to form. L. 2. Annal. pag. 17, 18.   

Rot Parl. 32 H. 6. M. 17.  
REx adversa valetudine laborans de assensu Consilii sui assignavit Joannem Arundel. Joannem Saceby, & W. Ha●cliffe medicos Robertum Warren & Joan Marshal Chirurgos ad libere ministrandum & exequendum in & circa personam suam Inprimis viz. quod licitè valeant moderare sibi dietam suam & quod possint ministrare potiones syrupos Confectiones laxativas medicinas clysteria supositoria caput purgia gargarismata lealnen epithemata fomentationes embrocationes capitis rasuram unctiones emplastra, cerata ventosa cum scarificatione vel sine, Emorodorum Scarificationes etc. Dantes singulis in mandatis quod in executione praemissorum sint intendentes, etc. Upon this four things are to be observed. 1. That no Physic ought to be given to the King without good warrant. 2. This Warrant ought to be made by advice of his Council. 3. They ought to minister no other Physic then that is set down in writing. 4. That they may use the aid of those Surgeons named in the Warrant, but of no Apothecary, but to prepare and do all things themselves, etc. And the reason of all this is, the precious regard had of the health and safety of the King which is the head of the Commonwealth. Coke institutes pars 4. pag. 251.  
Physicians & Surgeons soient sages en lour faculties eyent sans les consciences cy que rien ne ent failli a fair cure silz ne scavoyent a bone chief mitter ou silz a bon chief scav●yent & entre-mettent nequidant follement ou negligentment issent que ilz mittont froid pur chaude ou le revers, ou trop peu de cure, ou nemi mitter un due diligence & nosmement en arsons & add abscissions que sont defend a fair forsque all peril des mesters si lour patients morerent ou perdent memory en tiels cases sont ilz homicides ou Mayhemers. Mirror cap. 4. § de Homicide verb (daut ' part.)   

To Our trusty and well-beloved the Precedent and Censors of the College of Physicians within the City of London.  
JAMES REX.  
TRusty and well-beloved We greet you well; Whereas the Art of Physic by many unlearned men (making gain by the profession thereof, to the great hurt and prejudice of many of Our loving subjects) is much abused in many places of this Our Realm, but especially in our City of London and the Suburbs thereof, the government whereof (as touching the practice of the said Art, and the practitioners thereof) being by the Laws and Statutes of the Realm committed unto you the Precedent and Censors of our College of Physicians, and you having also from us by our Letters Patents more ample authority for the suppression and correction of such delinquents: We therefore minding so far as in us lieth the speedy reformation of all such abuses and inconveniences, do by these presents as heretofore yet more strictly charge and command you the Precedent and Censors aforesaid to call before you all such irregular and ignorant practitioners as contrary to our Laws and authority do abuse that Art, and to examine their sufficiency, and such as you shall find not sufficient to punish for their bad practice according to our Laws in that case provided. And Whereas we are credibly given to understand that many having been punished and warned by you to desist from any further practice do yet obstinately notwithstanding persist in their former contempt of our Laws and commandments, We will and command you that you proceed against such delinquents with all severity according to the tenor of our said Letters Patents and the due course of our Laws, by fine and imprisonment, or by causing them to enter into recognizance with condition restraining them to offend any more, or otherwise as the case shall require and shall be agreeable to justice. And our will and pleasure is, that such offenders as shall be so imprisoned, shall there remain without being enlarged, unless it be upon their conformity and submission to you the said precedent and Censors, or other due course of Law wherein we require all our Judges and Justices that they be very careful and circumspect not to do any thing that may give encouragement to such offenders, by enlarging any such too easily or without due examination of the causes of their commitment, first calling thereto the said Precedent and Censors or some of them to declare the true reasons and causes thereof. And whereas we are given to understand that oftentimes upon the solicitation of some or other friend or person of quality suitor to you for the said delinquents after their conviction you have been moved to wink at their faults, and neglect their punishment, to the great prejudice of the health of many our poor subjects: Our will and pleasure is, and we do hereby straightly charge and command you, that henceforth neither for favour, friendship, or respect of any you forbear the just censure and punishment due by our Laws unto such delinquents as you shall answer to us on the contrary at your peril, and that you require the aid and assistance of the Lord Major and Aldermen of our City of London (whom by our Letters we have so required to do) for your better expedition in the execution of this our Royal Will and Commandment, not doubting but that you with more care will seek to suppress such intolerable abuses, and satisfy our trusts in this case committed to you.  
Given under our Signet at our Palace of Westminster the second day of July in the twentieth year of our Reign of England, France, and Ireland, and of Scotland the five and fiftieth.   

The King's Council about the same time send a Warrant for Attachment of Empirics, directed to all Justices of Peace, Mayor, Sheriffs, Baileys, Constables, Headboroughs, and all other his Majesty's Officers and Ministers within the City of London and seven miles.  
Butler made extraordinary Chirurgeon to the King, was permitted by the Lord Keeper to be sued. Annal. pag. 97.  
Blank had a Habeas Corpus 1637. but by the Judges was sent back to prison, having been fined by the Censors 20 l ob malam praxia, though he had Letters Patents from the Archbishop of Canterbury.   

A Brief of what King James granted, and defective in former Grants.  
1. THat whereas they were by the former Act enabled to keep Courts and Convocations, and thither to convent, and there to punish offenders, but had no certain place limited; now they have power to purchase a Hall peculiar for that purpose.  
2. Whereas they are by the former Act enabled to purchase only 12 l. revenue to the said College; now they have power by the Letters Patents to purchase to the value of 100 Marks per annum.  
3. Whereas the College is authorised of old by suit to recover from all practisers in Physic without approbation from the College 5 l. a month. By the last Letters Patents they are authorised to punish such offender's contempt in not coming to the College upon the Precedent and Censors Warrants: or in refusing to answer being come by a Fine of 40 s. and imprisonment till they have paid the same. And for practising without Licence, upon conviction they may fine the offenders in 3 l. and imprison them for seven days, and until they have paid such fines.  
4. Whereas of old the College might punish evil practitioners in Physic within their Limits by a Fine of 20 l. By their new Grant they may examine for Witnesses against them (upon oath) Surgeons, and Apothecaries, and Druggist's; And the Servants and Attendants upon the Sick (and no others) and fine them 20 s. for refusing to come or answer before them; and upon conviction they may fine evil Practisers in Physic 10 l. and imprison them for 14. days, and until they pay the same Fine.  
5. Whereas of old the Physicians had power to search the Shops and Warehouses of all Apothecaries, Druggist's, Distillers and Sellers of Medicines; and finding unwholesome Drugs and Medicines, to burn them: By their new Grant they are authorised to fine such offenders in 3 l. and to commit them until they pay the same.  
6. Whereas of old the one half of all Fines to be imposed by the College were granted to the said Incorporation, in their new Grant all the said Fines are granted to them; paying to the King his Heirs and Successors yearly 6 l.  
7. In the new Grant the Precedent and Censors are enabled to take Recognizances to the King's Majesty of Offenders convicted of unlawful or evil practice, with condition that they shall not commit like future offences, and to imprison them if they refuse to be so bound.  
8. In the new Grant, the Collegiates are freed from bearing or finding of Arms, because they are subject to serve in person, both in the King's Armies, and in his Fleets upon occasion.  
9 His Majesty promiseth his Royal Assent for enacting this Patent the next Parliament.