AN ACCOUNT OF THE. OF SIR PATRICK DUN, AND OF THE SEVERAL ACTS OF PARLIAMENT PROVIDING FOR ITS APPROPRIATION, PARTICULARLY AS THEY RESPECT THE FOUNDATION OF AN HOSPITAL ESTABLISHMENT, SUBSERVIENT TO MEDICAL INSTRUCTION, ■ k -ft**.. Oufcltn t PRINTED BY WILLIAM PORTER, CHAttON-STREET. X8O4, •^4 2 THE following Pages have been printed in confequence of the publication, of an Addrefs to the Students of Phyjic , by Doctor Hill. The Statement which they contain will be found to lead to conclujions conflderably different from thofe adopted by the Author of the Addrefs. This Statement is every where confirmed by authentic references. No matter has been intentionally introduced which was not necejfary for bring¬ ing forward the merits of the cafe. ROBERT PERCEVAL. Aj k 5566I V An Account 5 &c. CMR Patrick Dun, in a deed or inffru- ment in writing, bearing date June 8th, 1704, (p. 5&6*) declared it to be his intention that one Profeffor, ftiled a Profeffor of Phyfic in the Col¬ lege of Phyficians, in Dublin, or two (p. 6) the provifion proving fufikient, lhould be elected by the Provoft of Trinity College,! the Profdfors of Phyfic in the fame, with the Prefident and the two eldeft Cenfors of the College of Phyficians; (an examination being held for that purpofe) and that the profeffor or profeffors fo c'nofen, lhould read lectures in anatomy, furgery, botany, and pharmacy, for the inftruction of ftudents in phyfic, furgery, and pharmacy. The fupportof the effablilhment * See the recitals of the a ft 21ft, George II. for vacating of the office of the King's Profeffor of Phyfic in Dublin, upon the death or furrender of the prefen t King’s Profeffor, and for ere&ing three Profefforfhips of Phyfic in the faid city, inftead thereof; odiavo copy—printed 1747. The claufes of the adl not being numbered, the pages of the above mentioned copy are referred to. + Compare p. 47 of Dodlor Hill’s addrefs, where it is af- ferted that the Pleads of the Univerfity were “ ftrangers and unrecognized by any of the adts of Sir P. Dun.” 6 eftablilhment was tobe derived from therefidueofa real and of a perfonal ellate, (remaining after the difcharge of certain legacies, &c.) which ellates he deviled to two of his relations, “Patrick Dun, “ of Tardy, and Doftor Patrick Mitchell, for “ their own ufe, uniil a ProfelTorlhip of Phyfic “ Ihould be eftablifhed in the College of Phyfi- “ cians, according to rules, &c. exprelfed in the “ paper above referred to; then, in trujl , that “ the faid Patrick Dun of Tardy, and Patrick “ Mitchell, and the furvivor of them, and his “ heirs and affigns, Should by fuch conveyances “ and methods as lTiould be reafonably defired by “ the council of the faid College of Phyficians, “ convey and axTure, or fecure the faid refidue of “ his faid real and perfonal ellate fo to them de- “ mifed, to anfwer and fulfil his intentions ex- “ prelfed in the fame paper ; be it by ad of par- “ liament or otherwife howfcever.” (Aft p. 5). A fuit wasinliituted to compel thetrufteesto fulfil the trull (Aft p. 13). They were accordingly com¬ pelled by a decree of the Court of Chancery, July the 16th, 1723, (Aft p. 14) and in purfuance of the injunctions of that decree, made long after the death of Sir P. Dun, and not of his will (as is intimated p. 46 of the addrefs) the property of the real and perfenai ellate was veiled in the Col- lege 7 lege of Phyficians in truft for the fulfilling the purpofes of his will. (AS p. 17). Thus it appears, that by no aS of Sir P. Dun were the College of Phyficians appointed to fuc- ceed his relations in the truft. The nature of the truft he left undefined. That it was not intended by him that the College fhould poftefs unlimited “ do- minion”over the eftates, may fairly be inferred from his qualifying the provifions which were to be made for fecuring the property fo as to fulfil his benevo¬ lent intentions towards that body, by the words “ as may reafonably be defired by the council of “ the College of Phyficians,” and by his intima¬ ting that an aS of parliament might be neceffary for that fecurity. The income of the eftate having confiderably rifen in value, the aS (21 ft George II.*) was pafied to eftablifti three Profeftorftnps, to be held by per- fons filled (AS p. 24) King’s Profeftors in the city of Dublin—of pbyfic—of furgery and midwifery —and of pharmacy and materia medica. The Pro- fefibr of Phyfic was to teach both theory and praSice. (AS p. 22 and 24) This aS (p. 21) aftigns, as a reafon for not ereSing Profefiorlhips of fome of thofe branches of phyfic mentioned by Sir P. Dun in his * Thus quoted in the recitals of the Aft 25th of the King. 8 his deed, 6{ That leCturefhips in thofe branches.* 4 ‘ had, fince his death, been eftablifhed in Tri- “ nity College.” It was brought into parliament in confequence of a petition prefented by the College of Phyficians. Thus it was the manifeft defign of the legifla- ture to render the King’s Profefforfhips fupple- rnentary to the eftablilhments of Trinity College, in order that the whole might form as complete a fyftem of medical inftruftion as the income of the eftate would, at that time, admit of. This defign is more fully evinced by the provifion of the aft, (p. 40) that no King’s Profeffor fhould be Profeffor or Le&urer in any of the branches of anatomy, chemiftry, or botany, and that no fuch Profeffor or Lecturer in Dublin College fhould be eligible as a King’s Profeffor, unlefs he forthwith refigned the Leciurefirip or Profefforfhip he held in the College of Dublin. The aft of the 25th* George III. followed up the fame principle, confidering the King’s Profef- forfhips as fupplementary to thofe of the'Univerfi- tv,and thus propofing,for its object, as the title ex- preffes, the eftabiifhinent of a complete fchool of phyfic. * The numbers of reference to this aft and to that of the 40th George III. point out the claufes or numbered para¬ graphs of the a£ts : The firft was printed in fmall form in the year 178j, the latter in the year 1800. 9 phyfic. Accordingly, itfubftituted (cl. 2d) in the place of theProfefforfhip of Surgery and Midwifery, (in both of which departments, fince the 21ft Georgs II. leftures had been given in Trinity College) that of the Inftitutes of medicine, efta- blifhing a diftinft Profefforfhip for the praftice. The fame claufe likewife provided for aProfeffor fhip of natural hiftory ; this part of the aft was never carried into effeft, in confequence, as I believe, of the eftablifliment of a mufeum of natural hiftory in the univerfity,* The Profeftbrs are, in the aft, ftiled “ King’s Profeftbrs in the city of Dublin on the foundation of Sir Patrick Dun.” Provifion was thus made for lectures in all the different branches of medical fcience—ftiil an eftablifliment, the moft efiential to medical in- ftruftion, remained to be provided for, that of prac¬ tical leftures on the cafes of the fick, grounded on reports taken by the patients bed fide. To fuch an inftitution, carried on in an extenfive and commodious infirmary, built, at great ex¬ pence, for that exprels purpole, the fchool of Phyfic in Edinburgh is indebted for a principal B fliare * On this ground, certainly, it was not mentioned in the aft, now in force. (40 George III.) In this aft the Profcf- fors are ftiled by the fame title of “ King s Profeftbrs in the city of Dublin, on the foundation of Sir P. Dun.” io fliare of its deferved reputation. The act (25th George III.) directs that fuch lectures fhall be given (cl. 33.) ; and appropriates the furplus of the fund, after the payment of the ProfefTors’ falaries, fpecifically, to the fupport of thefe lec¬ tures. The purchafe of medical books for the ufe of Students is likewife mentioned as another object to which the furplus may be applied.* But that no defign was entertained of applying any part of this furplus to the fupport of a botany garden is evident, not only from the total omiffion of any expreflion intimating fuch a defign, and from the general principle of the a£t which feparates completely the eltablilhments of the two colleges, but is explicitly proved by the 9th claufe of the ifatute, which enafts, “ that the univerfity pro- “ feffors fhall be fupported at the expence of the “ univerfity. The acl (cl. 34) anticipates the foundation of an hofpital fubfervient to the inftitution lately mentioned, directing “ that, until an hofpital can be provided for giving clinical kclurcs, they fhall be given * This object was poftponed in the aft 40th George III. The medical library having then been furnifhed with a con- fidcrable number of books, and the library of the univerfity affording to the Undent an opportunity of confulting manr r. ore. given in fome hofpital of the city^ appointed by the President and Fellows of the College of Phy¬ ficians.” Theeredion of an hofpital was, at the time of palling the ad, incompatible with the ftate of the furplus fund, one of the Profdfors, under the old eftabiifhment, (fill furviving, and receiving, as his falary, an entire third part of the ififues of the elfates. After his demife, and in confequence of communications tranfmitted to the framer of the ad, (25th George III.) from the College of Phyficians, an ad of parliament (31 George III.) was palled, the exprefs purpofe of which was to eftablilh an inftitution fo indifpenfa- bly neceflary to the exillence of a fchool of phyfic. The experience of fix years had evinced that no hofpital in the city was adapted to the purpofe of medical inltrudion, and that houfes taken for the temporary reception of the fick, were both in¬ convenient and expenlive. This ad, 31 Geo. III.* empowered the College of Phyficians to raife £ ioco. on the eftates of Sir P. Dun, in order to defray the expence of a build¬ ing, which might make a portion of an extenfive hofpital, to be fupported, partly, out of the furplus fund of SirP. Dun’s eftates, and, partly, by public fubfcriptions. The refolutions of the College of Phyficians which preceded this ad, and B 2 which * Faffed in 1791. 13 which (until November 1794, when the King’s Profeflbrs’ claims were brought forward) uni¬ formly followed up the principle on which it was founded,are detailed in another place (p.41); in this, no more than in the former ftatutes, is the flighted intimation given of charging the funds of Sir P. Dun with any fum in fupport of a botany garden. Doctor Hill, however, truly dates that, in 1789, an overture was made by the board ofTrin. Coll, to co-operate with the Coll, of Phyficians in the eftablifhment of a botanic garden, in confe- quence of which a propofal for granting ^100 a year out of Sir P. Dun’s funds was twice read and paflfed in the Coll, of Phyf. # At that time, no pub¬ lic botanical inflitution exifled in Ireland ; and, it was judly fuppofed, that to create and fupport a garden fubfervient to indrudion in the various branches of fo extenfive a department of na¬ tural hiflory, would require 4 larger fum than could be fpared from the applicable funds of the univerfity. That confiderable difficulties attend¬ ed the execution of the plan may be inferred, as well from the final confideration of it hav¬ ing been podp®ned for fo long a time, in the College of Phyficians, as from the intention and tenor of the feveral ads of parliament al¬ ready * Hence, however, it is by no means to be inferred that the College was in any degree pledged to the grant. See Appen¬ dix No. II. 13 ready quoted. A committee, however, confid¬ ing of members of both colleges, was appointed to confer on the fubjeft. Doftor Hill came for¬ ward with the opinion of lawyers, who, on his own ftafement, agreed to the competency of the College of Phyficians to allocate the fum in quef- tion, to the fupport of a botany garden ; he admits* that thefe opinions were deduced from a perufal of the aft (25th George III.) ; a fimilar remark is entered in the minutes of the col¬ lege meeting (Sept. 27th, 1797) ; but more point¬ edly, for two out of three are dated to have been formed on the perufal of that aft only. The recitals in the aft; 21ft George II. which explain the in¬ tention of Sir Patrick Dun to render his medical edablilhments independent of thofe of the univer- fity, and to provide for fuch alone as did not there exid, ftana oppofed to the affertion of Dr. Hill, that the 25th George III. was “ the only ad that in “ any point afiefted the difburfements from the re- “ venues ol the edates veded in theCollege of Phy- “ ficians by Sir Patrick Dun.” But farther, it did not appear to the college that any allocation could, with propriety, be founded on a legal poffibiiity, in violation of a principle of this very aft, as ex- preffed in the 9th claufe,f and explained by former datutes. The affair was, however, left open to farther difcuffions in the committee,! and 1 was authorized * P. 26, Add. , f Which provides “ that the Univerfity Profeffors fhall be fupported by the Univerfity.” ± See Appendix, No. III. authorized by the college to convene them—as no time for their meeting was appointed, either by the committee or the college, the exercife of that power I confidered as difcretional, unlefs I Ihould be applied to by Dodor Hill, or fome other mem¬ ber of the committee; but no fuch application was ever made, either by him or any other mem¬ ber. I conceived myfelf fufficiently in poffeffion of the fentiments of the college, which were de¬ clared explicitly, when, on the 15th of January 1798*, they rejected the motion for appropriating /100 a year, to the fupport of the botany garden. Thefe fentiments, thus unequivocally declared, muft, of courfe, have ended the negotiation. When, afterwards, the ad was framed for the final fettlement of the truft, I laid before the Chancellor (with whom alfo the board of Trinity College communicatedf) a full account of all the tranfadions in the College of Phyficians, relative to a botany garden. He rejected the arrangement in tolo , as opening the fund to the claims of the other Univerfity Profeffors, as contravening the exprefs declaration of the act, 25th George III. (cl. 9) that the Univerfity fhould fupport its own Profeffors, and as diverting the means of render¬ ing effectual an eftablilhment of the utmoft im¬ portance, to the fupport of an inftitution of far inferior * At the third time of reading the propofal. See Appendix * No. II.--f See Appendix, No. IV. *5 inferior utility.* It is natural enough that,Doctor Kill fiiould be difpleafed at the ill fuccefs of an ar¬ rangement which would have augmented his eftablifhment by £100 per annum. Yet, can¬ dor probably would admit, that a mind not infen- fible to the duty of, a public truft, and ftrongly impreffed with the conviction, that an opportu¬ nity of medical experience ought to be afforded to the phyfician, before he is authorized to prac¬ tice in public, might purfue its object with ardour and perfeverance, without being either impelled by a vindictive fpirit, or affirming an hypocritical predilection for a charitable inditution—efpeciallv, if it appears from the foregoing fiatement, that i > in adopting this line of conduct, no more was done than to execute what the legislature had enacted, and to follow out the intentions of the original teftator, as explained by them ; L c . to efiablifh a fchool of phyfic in this kingdom, as complete as was compatible with the income which his eftates then afforded. The increafe of that * A botany garden, which, in fituation, extent, and the elegance of its confervatories for foreign plants, yields, per¬ haps, to none in Europe, was then eftablifhed in the neigh¬ bourhood of the city ; this comprifed all the mod; expenfive botanical collections. What remained to be provided was comparatively of fmall expenCc—a garden for the cultivation of thofc plants, in the knowledge of which, the phyfician is principally interelled, either as objects of experiment in the feience of vegetation, or as fpecimens of Materia Medica. 16 that income impofed a duty on the truftees to multiply the different means of medical inftruc- tion, refpeCt being had to their refpeCtive im¬ portance and utility, and to the exigence of fub- fidiary eflablifhments. In the year 1800, an ex- tenfive plan for an hofpital juflly confidered by the heads of the univerfity as indifpenfably necef- fary to medical inftruCtion, and fanCtioned by re¬ peated aCts of the College of Phyficians, remain¬ ed to be carried into effeCt ; a great botanical in- flitution was already in exiftence, of which, how¬ ever unconnected with the college, the Students of Medicine might avail themfelves. Had Doctor Hill exerted himfelf to emulate the example of his predeceffor, who laboured under the fame difadvantzges as he did, he would have had more reafon for complaint. To improve to the utmoft, at lead, not altogether to neglect, the cultivated fpot where DoCtor Span had brought together no contemptible affortment of medical plants—to make a collection of all thofe which are indigenous in the environs of the city—to culti¬ vate fome of thefe as a private amufement— would have been the occupation of a mind of more energetic character. There was then no reafon for compelling the letter or fpirit of the laws to a compliance with Doctor Hill’s claims. in i7 in favour of his zeal to promote the objefls of his profeffbrfhip. As to the reft:—if the fund of Sir Patrick Dun was fhut againft botany, it was at the fame time fhut againft chemiftry. If I was the inftrument of depriving Doftor Hill of his privilege of truftee of Sir Patrick Dun’s es¬ tates, whilft he remained a profefior, I deprived myfelf of the fame privilege. % Afp i8 Act oj Parliament , 40 th cj the J}ing, THE detail of the tranfa&ions in the College of Phyficians which rendered this a£t neceffary is altogether omitted by Dodlor Hill, although he informs us, truly, that he bore a confiderable part in them. Thefe originated in an attempt made by three King’s Profeffors, members of the Col¬ lege', in November, 1794, to charge the eftates of Sir P. Dun with the fum of £ 1664 : 1 8.r. : 6 d. part of an arrear fuppofed to be due to them, and to provide IC that, in future, each Profeffor “ fhould receive his rateable diftribution of two il thirds bf the rents of the real, and intereft of “ the pcrfonal Eftate of Sir P. Dun, and alfo an “ additional ,fioo per annum.”—Minutes of College of Phyficians. November 3, 1794. Thus the fund for thefupportof clinical le&urcSj Sc c. was on the point of being annihilated,* not- withftanding the offer which the Profeffors made to relinquifh the fum of £8 13 : 17 s. : id. (being the difference between their demand of /’1664 i8r. : 6 d. and the money then accruing out of the eftates of Sir P. DunJ “ for the fake of pre- “ ferving * The income of the Eftates, head rent deduced, amounts to £1298 ; 1 9 “ ferving exifling eftablilhments conducive to the “ fuccefs and fupport of the fchool of phyfic (un- “ til equally ufeful and more oeconomical ones “ fhould be devifed), and for difeharging fuch “ debts as had already arifen upon the faith “ of the College of Phyficians.”—Minutes as be¬ fore quoted. That their claims, though founded upon legal opinions, were contrary to the true fpirit and intention of the act 25th George III. is fufficiently evinced by the declaratory adt* of Sir L. Parfons, who, as a reprefentative for the Univerfity in Par¬ liament, could not fail to be acquainted with the original deftgn of the Legiflature,~--by the decree of the Court of Chancery, which difmiffed the ProfelTors’ bill, founded on thofe claims, with colls, and by< the confirmation of that de¬ cree by the Iloufe of Lords. It is necelfary to obferve that this attempt was made foon after the death of the Provod (Rt. Hon b . !e J. II. Ilutchin- fon), who framed the aft and brought it into Parliament.! C 2 The * This limited the ProfefTor's falaries to^jco a year. f The a& (40 George III.) continues the King’s Pro- fefibru’ falaries at £\ 00 per annum, according to the true fenfc 1 he various means which were employed to infure fuccefs to the King’s Profe-ffors claims have not been laid before the public. Such as ap¬ peared directly to infringe on theconftitutionof the College of Phyficians, I found it neceflary to date in the appeal which, in the year 1796, was lodged with the vifitors of the College then appointed by charter only. Their legal jurifdiction having been difproved, on the ground of the College of Phyficians being a lay body, the merits of the cafe (truck them fo forcibly, that, extrajudicially, they expreffed a very marked difapprobation of the proceedings dated in the appeal, and infided on the neceflity of an a£t of parliament to regulate the trud and the con- ditution of the College fn fuch a manner as might prevent fenfe of the aft (25th of the King') which limited them to that fum, in conformity with the ufage at Edinburgh.—Ex" perience had Ihewn that, with larger falaries, Profeflorfhips proved ineffective, and that emolument ought to be derived rather from the number of pupils than from a ftated income. An inequality with regard to the endowments of the Uni- verfitv Profeflbrlhips has been complained of. The average of the yearly income of the Profdfor of Chemiltry for the laft feven years, from 3797 to 1823 inclufive, as paid by the univerfity, is £\ 22. Befides procuring afiillants to conduct the experiments, it is neceffary to defray the expence of the materials and many articles of perifhable apparatus required for them alfo of fervar.ts to attend at the laboratory. prevent any fuch attempts from taking place in future. Many circumftances concurred to render fuch an arrangement neceffary. The mod promi¬ nent was the danger of committing a truft to a corporate body, the adts of which are the afts of the majority, and of which the majority might, and probably always would be perrons either adlually deriving or expelling to derive emoluments from a large unappropriated fund, the object of the truft. From the fignature of the College minute book, it appears that, fince the year 1786, the number of attending members s has once only amounted to twelve, and at an average has not exceeded nine—of fuch a number fix members might be Profeffors, who, allowing for accidents of non-attendance of the other members, might be fuppofed always to form a majority. According to Doctor Hill’s own admiffion (p. 85), the Col¬ lege has been reduced to fo fmall a number as fix, and thus might confift, entirely, of interefted parties. In the medical profeffion, the duties of which are of fo imperative a nature, accidents to prevent attendance at the College meetings mult frequently occur. Indeed the time of a phyfician in full bufinefs is fo much occupied that he cannot, without confiderable inconve¬ nience, nience, devote an occafional hour to extra-pro- fedional employment, particularly, during the bufy part of the day. Accordingly, the dated meetings of the College are ordered for half pad five in the afternoon. Evening attendance on patients will often limit the time of thefe meetings to lefs than two hours: Thefe are frequently occu¬ pied by the examination of candidates—other bufi- nefs, of courfe, mud be hadily tranfa&ed and the ■ adjudment of complicated and di'cordant intereds mud be found a talk too difficult even for thofe •who are impreffed with the drongeft fenfe of pub¬ lic duty. In luch difcuffions, diffenfions mud arife, highly derogatory to the reputation of the profeflion, and no lefs prejudicial to the commu¬ nity at large by introducing perfonal anirrtodties amongd thofe who ought, both in their public meetings and private confultations, to confer with mutual conddence and unprejudiced minds, oq topics of a very different defcription. To feek the redrefs of thefe evils, which threat¬ ened either to defeat altogether the purpofes of the trud, or to involve the College in endlefs contention, appeared a duty incumbent upon me both as a Truflee and as a Fellow of the College. —Accordingly, in the beginning of the year 1799, though unconnected with the late Lord Chancellor,'* Chancellor,* by ar.y private tie whatever, yet re¬ lying on that adivc fenfe of juftice which dil- iinguifhed his charader, I prefumed to folicit the fpeedy execution of the parliamentary arrange¬ ment which he and the other viators had pro_ pofed, and which, now, by various delays, had been poftponed for upwards of two years.-}- To urge more ftrongly its necefiity, I fuggefted to him, that whilft matters remained in this unfet¬ tled date, the intereds of the fchooi ofPhyfic mud be negleded, and that the plan for the founda¬ tion of an hofpital, with which the ultimate fuccefs of that fchooi was neceffarily conneded, moft probably, would be abandoned. Farther, to re- prefent the danger which might affed the funds themfelves, I reminded him of what I had form¬ erly dated in my appeal, that a confiderabie fum had been applied by the College (a majority hav¬ ing voted for fuch application) to fupport the claims of the plaintiffs (the King’s Profeffors) in a caufe in which the College were oftenfibly the defendants— * I opened the bulinefs to him, in a few words, at the Pre¬ volt's houfe* where he came in order to attend the Shrovetide commencement of that year. He, in confequence, deli red farther communication with me. f The a£t of union was then impending. .Any farther delay mull have oppofed to the arrangement difficulties a'mofl infuperable. defendants—a fum which had fincebecn encreafed by feeing council to refill fny appeal, &c. &c.* whilfl the payment of the fees of Sir L. Parfons’s acl, which had been advanced by me, for fecuring the funds, had long been evaded, and I was reim- burfed only in confequence of the powerful in- terpofition of his Lordfnip and the other vifitors. And this, although neither I, nor any other member * It appears from a return made to the Houfe of Lords in eoniequenee of their order dated April 5th, 1799* and au¬ thenticated by the Prefident of the College, Do£tor Hopkins, that a fum amounting to^i 12 12s. 3 cL was difburfed by the College out of the funds of Sir Patrick Dun, and that a fum amounting to £221 2 5. Sd. was difburfed by the College out of its private funds (making in the whole ^’333 14J. lid.) between the 21 ft November, 1794, and the 5th November, 1798, for the following purpofes, viz. for lawyers opinions on the claims of the King’s Profeflbrs, taken by themfelves, without the dire&ion of the College.—For the fupport of thefe claims in the Court cf Chancery, and at the bar of the Houfe of Lords in their appeal from it’s decree—for oppofing Sir L. Parfons’s a£l at the bar of the Houfe of Commons, and for refilling Do£lor Perceval’s appeal at the vifitation of the College of Phyficians. A tranfeript of the account, with references to the dates of the orders and payments in the treafurers books, is now in my pofTefiion. A limilar account I wifhedto make out in the year 17975 during the treafurerfhip of Do6lor Hill ; but he thought proper to refufe me acccfs to the books of the Col¬ lege for this purpofe ; his condudl on that occafion is not juf- titied by the opinion of Mr. Saurin which he quotes, p. 46 of his addrefs. member of the College who had a&ed with me in oppofing the King’s Profeflbrs’ claims, charged the College with any part of the expence which had been incurred by the oppofition. Such was the converfation which a majority of the College animadverted upon as unneceffary, in their refolution of the ill of July, 1799, cited by Doctor Hill, p* 61 of his addrefs. Soon after thefe tranfa&ions, fome of the olded and mod refpefl.able members refigned their fellow r - fhips and withdrew from the College. It remain¬ ed for me to follow their example and then pub¬ licly to inculpate a body, for Several of the mem¬ bers of which I entertained the highelt perfonai regard, or to accept the office of Prefident of the College to which I was on the 5th day of Novem¬ ber, 1799, elected, on the resignation of Do&or Cullen who had been chofen to that office on the 18th of October preceding. The latter part of the alternative was preferred, not only for the reafons above dated, but from a refpeft to the abilities and profeffionai character of thofe gentlemen whofe conduft as trudees I could not approve, and from a wiffi, which I dill entertain, to condgn to ob* livion (fo far as a necefiary vindication of my own conduct will admit), all pad tranfadions I) which %6 which might perpetuate animofity. In my capa¬ city of Prefident, I prefented at the bar of the Iloufe of Lords the draft of a bill which the Col¬ lege were defirous fhould be brought into parlia¬ ment. accompanied with their petition. The Chancellor undertook to bring in the bill. When he afeed my opinion on feveral of the arrange¬ ments which it propofed (the nature of which Doctor Hill has (efficiently explained) I made no fcruple in delivering my fentiments, without referve, as I had done before to the College, in every ft age of the difeuffion. That any opinion cf mine could produce effedt upon the mind of that fugacious and upright judge, independently of the obvious merits of the cafe, is a fuggeftiontoo ridiculous to be noticed in any other point of view', than as it evinces the prejudice under which the mind of its author labours. What I had ad¬ vanced in private, I afterwards fubftantiated in evidence both with regard to the adminiftration of the trull, and aifo with regard to the principal object for which the act provided. To the fame points the moft rcfpedlable members of the profef- fion* were examined as well before a committee of the ♦ Doctors Harvey, Plunkett, Hopkins, and Cullen were examined on oath before the committee of the Houfe of Lords on the 17th April, 1799- Doctors Purcell, Harvey, and Plunkett were afterwards examined before the Jioufe. the Houfe of Lords as publicly in the houfe. Some of thofe gentlemen were in habits of profeffional intercourfe with the noble Lord, and no doubt en¬ joyed his private confidence. In the communi¬ cations which had taken place between the Col¬ lege of Phyficians and the Board of Trinity Col¬ lege, the alterations which were intended in the bill had been canvaffed. On thei8thof April,1800, the draft bill was ordered by tl\e College of Phy¬ ficians to be laid before the board of Trinity Col¬ lege, whofe amendments were propofed to theCol- lege of Phyficians on the 1 ft of May. On the 2d of June I fignified to the College of Phyficians thepre- fentation of their bill, which had taken place the Thurfday preceding (29th May), and at the fame time announced to them the day appointed for its fecond reading (June 10th). This did not take place for fome days after, fo that ample time was allowed for preparing any obje&ions to the alterations which the bill underwent in this ftage of its progrels.—Printed copies of the altered bill were circulated in the College, and on the lft July certain amendments which were made, af¬ ter the bill had been printed, were laid before them. The time of its being fent down to the Commons D 2 was 23 % was on the fame day notified.* The bill paffed the Commons without oppofition, and received the Royal affent on the ift of Auguft. Had the College of Phyficians wifhed to vinde¬ dicate what a majority of that body fas then con- Hituted) affected to conceive a violation of their rights, they might (as on former occafions) have employed council for that purpofe, at the bar of the Houfe of Lords or Commons. To fuppofe that neither the author of the addrefs to the Stu¬ dents of Phyfic, nor any of thofe gentlemen who agreed with him in opinion, could engage fome diftinguifhed member of either Houfe of Parlia¬ ment to ftand forth as their advocate in vindicat¬ ing the injured rights of the College, (provided it could be proved that thefe rights were in reality violated) would be to deprefs their chara&ers to a level far below that which they may juftly claim as their proper fiat ion. To have folicitedfuch inter¬ ference might appear better calculated to ferve the ends of fubftantial juftice, than, after the death of that diftinguifhed perfon who befi knew the nature and grounds of the arrangement, to revive * Thefe facts are all Hated in the minutes of the College of Fhyficians of their meetings held on the days above men¬ tioned, viz. April 18th, June 2d, July ill, i8co. 29 revive extinft controvlrfies, and thus to prevent any approach towards a cordial co-operation amongft the profeffors, fo neceffary to the fuccefs of the common caufe in which they are engaged. The effect of any application for fuch interference may be inferred from what is related by Doctor Hill, p. 80 and 81 of his addrefs. The leading principle of the aft, fo far as it regarded the con- ftitution of the College relied upon this foiid foundation in equity, 44 that perfons immediately 44 deriving emolument from a public fund, and 44 thofe alfo who might, at any time, lay claim “ to fuch emolument, Ihouid be excluded 44 from the trull of its appropriation ;—under 44 this description all the Profeffors were in- ft eluded.”* But * Doftor Hill, p. 14, exprefles a defire to know “ how the u ProfefTors of the Univerfity efcabliihment were concerned “ in the regulations of the College of Phyficians refpefting “ the difpofition and expenditure of the unappropiated reve- u nues of the eflates of Sir P. Dun, from no portion of “ whieh they were to receive any falary or emoluments what- “ foever, hut by the a£t (cl. 14) are to be fupported entirely “ at the expence of the Univerfity.” To fatisfy this enquiry I would remind him that the 14th claufe of the a di 40th of the King, is literally a tranfeript oi the 9th claufe of the act 25 th of the King, and that he, an uni verb, ty ProfeiTor, whilfl the 25th of the King was yet in force, fupported by the opi¬ nion 3 ° But farther, it was eafy* to conceive, that in- terefted parties, urging, on any future occafion, claims the mod unwarrantable, might, indirectly and through circuitous channels, derive advantage from a£ts which did not oftenfibly encreafe their emoluments. It appeared therefore that the eon- fideration of thefe afts ought to be referred to a tribunal, from whofe deliberations fuch parties fhould be altogether excluded. The propofed remedy of depriving them of the power of voting on particular quedions, whilft they were differed to affid at the meetings at which thofe queftions were difeuffed, would have proved altogether inadequate. Under fuch a pro- vifion, they might dill claim a right of uttering and enforcing their opinions, and, by delays, de¬ bates and intrigues, revive all the evils which the act was intended to remove. It nkm of council maintained that his claim to^ioo perannurn out of the unappropriated furplus was legal. The provifion for difpofing of the unappropriated furplus (whenever it fhail occur, and for the probability of its occurrence, fee what is pro¬ pofed hereafter, page 42), is exactly the fame in the aft of the 40th, as in the 25 th of the King, nor does any thing occur in the latter mentioned of thefe afts more than in the firft to juftify the application of any part of fuch furplus to fupport an Uni. verfity Profefforlhip. 3 * It therefore became necefiary to limit their functions, as a&ing members of the College, to the regulation of the practice of medicine (cl. 41) and to exclude them from all interference in the truft. I could mean no indignity to my bre¬ thren in advifing a meafure which included myfelf and removed me from my prefideney. 0 no! • IhfpitaL ^ n 6 * Hospital. PREVIOUSLY to the claims of the King’s Profelfors, urged in 1794, the efiablilhment of an hofpital on an extenfive and permanent plan? was the chief object propofed by the College of Phyficians, in the appropriation of the furplus of Sir Patrick Dun’s funds. This plan I publilhed in the year 1792, under the diredtion of the Col¬ lege (as Dodtor Hill admits, p. 28)., It was fanc- tioned by repeated adts of theirs, detailed hereafter p.41. An adt of parliament was accordingly obtain¬ ed, for enabling that body to raife money on Sir P. Dun’s eftates, for the purpofe of commencing the building; mean time an houfe was taken inLower Exchange-flreet, for the reception of the Tick. Doctor Hill’s remarks on the expence of fupport- ing this temporary hofpital (which accommodated but a fmall number of patients) tend, in the ftrong- eft manner, to confirm the necefiitv of a perma¬ nent and extenfive inftitution. The expences of the hofpital in Lower Exchange-ftreet were 3 n- fpedted with the utmoft ftridtnefs—every fum granted for its fupport, palled through the hands of the late Mr. Abraham Wilkinfon, who hu- - manely 33 inanely undertook, and mod: faithfully executed, the office of treafurer ; he allowed no expendi¬ ture except what refulted from the regulated con- fumption, according to the dated form of dietary, the items of which were, from day to day, brought forward, in feparate columns, as vouchers for the fteward’s accounts. All expences were defrayed under the exprefs direction of the board of go¬ vernors ; at the end of every quarter, they re¬ ceived from the treafurer, returns of the ex¬ pences, arranged under diftindt heads; tranfcripts of thefe accounts, from the year 1792 to 1794, are now in my pofTeffion. Such unremitting attention I know was paid, during fix months that I attended and ledtured in the years 1792—93,* and during three, in the years 1795—6 ; nor is there any reafon to fup- pofe, that the treafurer or governors remitted that attention, during the remaining part of the period of this temporary eftablifhment. That the grofs expenditure fhould be confiderable, when compared to the number of patients, is not extra- E ordinary; * The College of Phyficians, at their meeting, held on the 17th July 1793, returned their thanks to Mr. Wilkinfon, « for the trouble he had taken in keeping accounts, the plan ‘ of which appeared fo admirably calculated for the molt ‘ (Economical application of the funds to the maintenance of * the hofpital,* 34 ordinary; fines the amount, (including not only the expence of their maintenance, properly To called, but houfe rent, taxes, and officers’ falaries), when the number of patients is but final!, mud, divided by that number, neceffarily quote a large Turn, Thefe additional expences are all included in Cr. Hill’s eflimate (p. 31 of his addrefs) in which, however, there appears to be an arithmetical er¬ ror : for £436, the entire expence for the winter half year 1792-3, divided by 30 (the number of patients) gives /14 : ioj. and not /17 : xor. for the half year’s expence of a patient. Thus, alfo, in eflimating the expence of a patient for the half year, for 1793-4,* the fum is £22, and not £26. The increafed expence attending the fupport of patients, individually, during the winter 1794— 95, is eafily explicable, on the principle above dated, by the diminution of their number, whilft the eftablifhment of officers,&c. remained the fame. It was hoped that the cordial co-operation of all the Profeifors, would have infiired to the hofpital the * During this year, in confequence of the prevalence of an :nfe&ious fever, which proved fatal to the apothecary', it be¬ came neceffary to difmiis a number of patients. The expcncc of the year became augmented in confequence of the confump- tior. of a confiderable quantity' of wine. 35 the countenance and liberal fupport of the pub¬ lic, and have enabled the governors to fill the houfe, which they reported capable of containing 50 beds. Thus the original calculation of the expence of maintaining a patient for a year, w ould have been fully juftihed.Rut the views of aggran¬ disement difciofed in the year 1794, by the King's Profeflors, defeated ail fuch hopes; during the win¬ ter 1794-5, the hofpital w and 9 5 for charitable affiffance, wherever it could be found. Supplies were fpeedy and liberal beyond their expectations. The venerable affembly of the church of Scotland ordered collections for this purpofe at every church door. Several of the Reverend Miniflers, by their own contributions, gave good examples to the people of their ref- pective parilhes; and became folicitors with others of their acquaintance, to promote the fame end. The Reverend Tpifcopal Clergy, moved with no lefs zeal for this laudable work, were molt liberal contributors : For what was collected on the Sundays appointed for this charity, was freely given up by them, though the only fund of their exiflence. Befides thefe charitable fupplies, the managers of the affembly gave benefit nights, without de¬ ducting the charges of mufic, lights, tea, &c. Societies of different denominations in and about Edinburgh, as well as in other parts of Scotland, fent money. Gentlemen and merchants made prefents of timber, ftone, lime, Hate, and other materials. Farmers and carters fupplied carriages. So great was the fpirit for carrying on this work, that labourers and mechanics, who were but little able to contribute money, gave gratuitous labour of 6 of one, two, or more days, as if in emulation with one another. The managers themfelves, befides the fupplies which they received from people of all ranks, were fo fcrupulous and attentive to apply the funds to the purpofes intended, that they paid, out of their own pockets, public entertainments, vales, and the like neceffary charges, (p. 13 and 14.) The field from which the profefior who hath the charge of this department (the clinical) fe- le&s his patients, being ample, a variety of cu¬ rious and interefiing cafes may be fuppofed to pre- fent themfelves in the courfe of fix months, (p. 16.) In the years 1743 and 1744, the fick foldiers of the regiments quartered in or near Edinburgh, were taken into that part of the infirmary, which remained unpoffefied by other patients, as a more convenient hofpital than any other that could be found, (p. 18.) Application having been made for the invalid- money to be given to the Royal Infirmary, the Lords of the Treafury did, accordingly, in the be¬ ginning of the year 1755, agree to give this mo¬ ney, amounting to £ 8060, to the town of Edin¬ burgh, 7 burgh, on condition that the town fhould pay to the Royal Infirmary the intereft of that fum, at three and a half per cent. In confequence of this, the managers were obliged to keep fixty beds con- ftantly in readinefs, for the reception of fick fol- diers; each of whom, to pay to the infirmary, four pence per day, during his refidence in the houfe, this money being flopped out of his pay. (p. 21 and 22.) The regulation of the external- oeconomy of the hofpital is committed to a court of contribu¬ tors, a court of managers, who aft in rotation as vifitors, a treafurer, an accomptant, and a clerk of the corporation.—The internal oeconomy is regulated by a matron, who fills the office of Rew¬ ard, under whofe direction are placed the nurfes, cook, porter, and other fervants.—The medical eflablifhment confifls of phyficians and furgeons in ordinary, two phyficians’ clerks and furgeon’s clerk.—The profeffors of medicine, who give cli¬ nical leftures and who appoint ftudents of medi¬ cine to aft as their clerks, the apothecary, affiftant and drefferSjwho are ftudents appointed by the ma¬ nagers to affift the furgeons.-The ftatutes of the infirmary contain an exaft demarcation of the duties of the feveral perfons above mentioned. Ext rad s Extract of Regulations concerning Patients. Every perfon applying for admittance mud de¬ liver an obligation from a refponfible perfon, to remove, or, in cafe of death, to bury that patient when required. In defeat of the obligation juft mentioned, the patients fhall depofit in the hands of the matron ten (hillings fterling, to indemnify the infirmary from any charge that may arife from burying or removing them ; which money is to be returned upon their difrnifiion. Notwithstanding the preceding reftri&ions, a power is lodged to admit patients in cafe of fud- den accidents, &c. &c. difcretionally. Whoever has given, or fhall give fterling, or pays £5 fterling annually to the infirmary, may, upon their recommendation, and during their lives, have one patient, or more in fucceflion, con- ftantly entertained and taken care of as patients in the infirmary; and greater fums fhall entitle to a proportionally greater number of patients. Supernumerary patients, that is, thofe exceeding the eftablifhment of ordinary patients, (hall pay fix-pence per day till vacancies offer. Appendix, No. XL N. B. Pages without addition , refer to thofe of this pamphlet ; pages with the addition (Addr.) to thofe of Doff or Hill’s add refs. i By the eleventh bye-law of the College of Phylicians, It is ordered “ That nothing of perpetual confe- quence lhall be put to the vote at the firft meet¬ ing in which it is propounded to the College, but it lhall either be recommended to a commit¬ tee appointed to confider the fame, and make a report thereof, or to the confideration of the whole College, who lhall give their opinion thereon at the next meeting, and fuch opinions as are carried by a majority of voices, lhall not be pahed into public affs, orders, or bye-laws, nor ingrofled in the books of the College, until they fliall have been voted by a majority of voices at three feveral meetings of the College.” H P. 12 , IO P. 12. The proceeding of the College of Phy¬ ficians 25th March, 1789, limply “ empowered thePrefident to declare to the Provoft of Tri¬ nity College, that the College of Phyficians “ have confidered the propofals made, through “ him, by the Univerfity, of appropriating the “ annual fum of £70 for the perpetual fupport “ of a botanical garden ; and are of opinion that “ the offer of the Univerfity is liberal j and that “ the College of Phyficians will be ready to co- “ operate with them in eftablilhing a botanical “ garden, whenever the neceffary eftimate can 4C be laid before them.” That this co-operation was to confifl: in the advance of money is a fair inference.— The minute of the College meeting, however, makes no mention of any fum to be advanced, and, what is of more confequence, makes no allu- fion to the fund from whence this fuppofed ad¬ vance of money was to be derived ; whether from the fund of Sir P. Dun, or from the private fund of the College, which furely might have been ap¬ plied to this, with more propriety than to other ufes to which it was afterwards made fubfervi- ent. # A fpecific * See note page 24. II A fpecific propofition having been brought for¬ ward, it was thought neceflary to fubjeft it to the regulations of the eleventh bye-law of the Col¬ lege.! Accordingly the propofal for allocating jT i oo a year out oj Sir P. Dial's funds , for the fupport of a botanic garden was read twice and pafifed, but, having been rejected at the third reading, it never became a public aft of the Col¬ lege of Phyficians ; of courfe, they were not, in any degree, pledged fo this meafure either by the conllitution of their own, or by the analogous ufage of other deliberative bodies. . ho further obligation could then be fuppofed to remain incumbent upon the College of Phyfi¬ cians than that which refulted from the difpofilion which they had teflified, in general terms, to co¬ operate in the eftablifhment of a botanical garden, at a period, fince which nearly nine years had elapfed. Yet without any renunciation of the general principle on the part of the College, Dodtor Hill, on the very day after his propofal had been rejected, in an official communication with the Provoft and Senior Fellows of Trinity College, accufes the College of Phyficians of 11 2 prevarication,* f There was good reafon for this formality, fee page 13, with note tubjoiaed. 13 prevarication,* and afterwards, in his pub¬ lic addrefs,f of perfidy. To juftify this afperity of language, it is incumbent on Doftor Hill to prove that the fenfe of a fingle meeting of a fluftuating body (whofe very conftitutien ex¬ po fes their deliberations to difficulties and uncer¬ tainties unknown to other bodiesj) declared upon the general principle of a propofed plan, ought to bind that body to any meafure that might emanate from that principle, at all times, however difiant, and under all poffible circumfiances. If indeed it could be proved that that delay refulted from the necefi'ary forms of bufvnefs in the College the obligation might be fuppofed to fub- fiit undiminilhed. How far this fuppofition is founded in truth will appear from the following fiatetnent. The tardy forms cf that corporate body opposed no farther impediment to the concluding of the negociation than what is dated in the bye-law late¬ ly quoted. From the 25th March, 1789, to 15th January, J798, I count not lefs than between 90 and ico meetings of the College. At any three of * See page 49, Addr.-f See page 50, Addr. ' J See pages 21 and 22. of thefe the affair might have been brought to a conclufion. No Prefident could, confidently with his duty, refufe to forward a bufinefs already before the College, in which one of its members was perfonally concerned, if urged upon him by that member; and no fuch refufal, to the bed of my knowledge or information, ever took place. But, to cut Ihort the difficulty, Dodor Hill was himfelf Prefident of the College from Odober nth, 1789, to October x8th, 1790, and again from October 18th, 1795, to October 18, 1796. During thefe periods, no doubt can be entertained of his power to elicit, definitively, the fentiments of the College on the fubjed. If he had confi¬ dence in the fuccefs of his caufe, why did he not infure fuccefs by procuring a public ad of the College of Phyficians, on which he might have regularly proceeded in his tranfadions with the board of Trinity College ? If doubtful, why did he, in thofe tranfadions, anticipate that ad as certain ? I unite in heartilycondemning the condud either of public bodies or individuals who ffielter them- felves under legal formalities, in order to violate the feelings or facrifice the interefls of thofe with v nom they may be connected, and fome warmth of J 4 of language in complaining of a refufal, would eafily have been excufable, had DoCtor Hill urged the propofal through the forms necefiary to give it validity as a public a£t of the College of Phyficians, with that activity which a defire of acquitting himfelf of the duties of his Profeffor- fhip might have prompted, and a confidence in its fuccefs might have infpired. He himfelf admits the inftitution of botanical garden to have been indifpenfably necejfary , in order to render his lec¬ tures effective, and fuch an inftitution muff have been forwarded and facilitated by bringing the negociation to a fpeeay conclufion. Let us grant, for argument's fake, that every in- dividual of the College of Phyficians had com- pletely formed his opinion in favour of the over¬ ture when it was firft made, on the grounds then laid before him.—Yet, during the long interval of almofl nine years, it is not reafonable to fuppofe that many events might have occurred to place the negociation on a footing altogether different from that on which it then flood ? Such events actu¬ ally did take place and are detailed in the forego¬ ing part of this pamphlet. The experienced nc- ceflity of a permanent and extenfive hofpital.—Its eftablifhment directed by repeated refolutions of the 1 J the College of Pbyficians, and by an aft of par¬ liament paffed in 1791, 31 George III.—laftly, a liberal provifion for a mod extenfive botanic in- ftitution, which was opened to the public in the year i8co. During the fame period, the funds had been impoverifhed, to a very confiderable ex¬ tent, by the expences of an aft of Parliament, and of various legal proceedings. Before I difmifs the fubjeft, an infinuation of Doftcr Hill’s note, p. 8 of his addrefs, renders it neceflary for me to declare that, at no time did I aflert or infmuate that he never leftured in botany in the School of Phyfic. ' »• . \ KU^rasr; Appendix, No. III. The account contained in p. 13 and 14 will re¬ quire Tome farther obfervations, to which I (hall prefix the following extra&s of the minutes of the College of Fhyficians; 19 th June, 1797. 4 Refolved, That a committee, confuting of 4 Doctors Perceval, Harvey, and Hill, be appoint- 4 ed to confer with the board of Trinity College, 4 with regard to the fupport of a botany garden by 4 the two corporations; and to take the opinion of 4 council on the right veiled in theColIege of Phy- 4 ficians, of appropriating a fum to that purpofe ; 4 and that the third reading of the motion, refpedt- 4 ing the appropriation of any fum, be poftponed 4 until the committee lhall have reported.’ On the 8th ofAuguft, 1797, this committee met one deputed from the board of Trinity Col¬ lege; The proceedings of the joint committee are detailed in the minutes of the College of Phyfi- cians, September 27th, ly 97, as follows; I 4 September i8 c September 2jth, 1797. c The committee appointed on the 19th of * June, to confer with the board of Trinity Col- 4 lege, refpedfing a botany garden, report as fol- ‘ lows ;’ “ At a meeting of the committee of the board 44 of Trinity College, and of the King’s and 44 Queen’s College of Phyficians; prefent, Doctors Elrington, Young, Hill, and Perceval. iff. 44 Refolved, That it appears to this com- 44 mittee, that the average of the yearly income, / 44 received from the board, by Do&or Hill, for 44 his falary, and for the fupport of the botany “ garden, amounts to £ 160. odly. 44 That of thefaid £160, £ 100 annually 44 are appropriated with the confent of thePro- “ fefibr of Botany, to the fupport of the botany 44 garden, for the expenditure of which he is ac- 44 countable to the Burl'ar of Trinity College. 3dly. 44 Thar he has received, on account, for 44 the fupport of the botany garden, the fum of “ £59 : I 4 J * 4thly. 19 4thly. “ That this committee will take into con- “ fideration fome arrangement between the two , 1794. “ Refolved, That application be made to the guardians of Sir P. Dun’s will, for their confent to allocate a fum not exceeding £1 00 annually, for rent of a lot of ground on which an hofpitsl may be built. “ Refolved, 33 “ Refolved, That fuch confent having been ob¬ tained, Doctor Hill, Doctor Perceval, and Doc¬ tor Boyton be appointed a committee, to fix a fituation for the hofpital, and to treat with the proprietors of ground where it may be built.” “ Sc-ptember \Jl , 1794. “ The committee for taking ground for the fite of the intended hofpital was directed to meet next Wednefday at two o’clock.” That no proceedings of this committee Ihould (land recorded, and that the btifinefs Ihould, at this jun&ure, have been abruptly terminated, will not appear extraordinary, when it is confider- ed that, on the 3d of November following, the King’s Profeflbrs laid claim to the fund which was to defray the expence of building the hofpital, and that the majority of the Col¬ lege, of which thofe gentlemen formed a part, fo far acquiefced in this claim as to fupply the means of carrying it into effeft. This difpofition was evinced fo early as on the very day on which, to the great furprize of many members of the College (myfelf included) the claim was firft \ L urged, M ■ J ■ 34 urged, as will appear from the following extracl of the minutes of the 3d of November, 1794 ; 179 1 *