The Kings most Excellent Majesty having directed his Letters to the Right honourable Thomas Lord Ellesmere, Lord Chancellor of England, and to Sir John Popham Knight, Lord Chief Justice of England and one of his Highnesses most honourable Privy Council, They the said Lord Chancellor and Lord Chief Justice by virtue of the same Letters called unto them Sir Thomas Fleminge Knight, then Lord Chief Baron of his Majesty’s Court of Exchequer, Sir Thomas Walmesley & Sir Peter Warburton, Knights, two of his Majesty’s Justices of the Court of Common Pleas, and Sir David Williams and Sir Laurence Tanfield Knights two of his Majesties Justices of the King’s Bench, and after due consideration had both of the Charter of King Henry the eighth made unto the said President and College of Physicians in the tenth year of his Reign, and several Acts of Parliament thereof made, one in the fourteenth year of the same King, and the other in the first year of Queen Mary, for the ordering and governing of the said College and of all the Practisers in London and seven miles compass, did on the first of May 1607 at the house of the said Lord Chancellor called York House, resolve the several questions hereafter mentioned, as is expressed under every Question.
Quest. 1. Whether Graduates of Oxford and Cambridge may practise in London or seven miles compass of the same without licence under the said College Seal, by virtue of the clause in the end of the Statute of 14. H. 8. and whether that clause hath not relation to the Statute of 3. H. 8. onely, or how far it doth extend?
Resp. All resolved, that no Graduate that is not admitted and licenced by the President and College of Physicians under their Common Seal, could practise in London or within 7 miles compass of the same.
Quest. 2. Whether, by Graduates, Graduates in Physick onely are to be understood?——
Resp. They resolved That the exception in the Statute of 14. H. 8. cap. 5. of Graduates in the two Universities, is to be understood onely of Graduates of Physick and of no others. And all resolved, That by that exception those Graduates may practise in all other places of England out of London and 7 miles of the same without examination; But not in London nor within the said Circuit of 7 miles.
Quest. 3. If Graduates not admitted to practise in London practise there, whether, for evil practice or misdemeanor therein, they be not subject to the Corporation and Government of the College?
Resp. They all agreed, That they are subject to the Government and correction of the College by an express Clause of the said Charter enacted which giveth to the President and College Supervisionem Scrutinium, Correctionem & Gubernationem as well of all persons using the practise of Medicine within the City &c.
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. It was resolved by all That all that practised or should practise Physick either in London or within the compass of seven miles of the same, must submit themselves to the examination of the President 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.
Quest. 1. Whether the President and four Censors together, or the Censors alone may not commit to Prison without bail or mainprize all Offenders in the Practice of Physick according to the Statute of primo Mariæ and how long, whether till he have paid such Fine as shall be assessed upon him, or have submitted himself to their Order, and in what manner?——
Resp. They all resolved, That for not well doing using or practising the faculty or Art or Physick or for disobedience or contempts done and committed against any Ordinance made by the College, by virtue and according to the power and authority to them granted, they may commit the Offenders without bail or mainprize, as the words of the Statute are. Which they all resolved, would not be altered or interpreted otherwise than the express words of the Statute are.
Quest. 2. Whether they may not commit to prison for disobedience and contempt of the private Statutes and Ordinances of the College made for the better Government thereof, and for not payment of such reasonable fines as shall be imposed by the President and Censors for maintenance of the said College, among the Members of the same College?
Resp. They all resolved, That the President and College might commit to prison for offences and disobedience done and committed against any lawfull Ordinance made by the said College, and might impose reasonable fines for the breach thereof, and detain the parties committed till these fines were satisfied.
Quest. 3. Whether they may not justly take upon every admission a reasonable sum of money for the better maintenance and defraying of necessary expences, as in other Corporations?
Resp. They all held That they might take such reasonable sums.
Quest. 4. Whether those onely are to be committed that are Offenders in Non bene exequendo, faciendo & utendo facultate Medicinæ, as in the Letters Patents; and such as are sufficient and not admitted, are to be sued for 5 li. a month and not be committed?
Resp. They all held That by the Charter and Acts of Parliament they might commit Offenders and Practisers that offended in non bene exequendo faciendo et 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 li. a month against such practiser without admittance by the College. But they all resolved, That if the President and College made an Ordinance to prohibit the practising of all without admittance under the common Seal of the said College, That for breach and contempt of this Ordinance, the President and College might both impose a reasonable fine upon the Offender and 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. They all resolved, That if the College do make an Ordinance, That if any Practiser of Physick in London or within 7 miles of the same shall obstinately refuse to be examined by the Censors of the College in non bene exequendo faciendo & utendo the Art of Physick in his Medicines or Receipts that the said President or Censors may commit him to prison, there to remain without bail or mainprize, untill he be delivered by the President and Censors and to forfeit and pay to the said College some reasonable sum of money, That the same Ordinance will be good and lawfull. And if any after shall offend contrary to the said Ordinance, the President and Censors may lawfully commit such Offender to prison, there to remain without bail or mainprize untill he shall be delivered by the said President and Censors.
1 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 Physick?
Resp. All resolved, That the Party so committed was concluded by the sentence and judgement of the 4 Censors of the College of Physicians.
2 Quest. Whether if any not admitted do practise Physick within London or 7 miles of the same but once twice or thrice in one month, be an Offender against the Charter and Statutes of the College?
Resp. All resolved it was, if he be a professed Physician.
These I conceive to be the resolutions of their Lordships and the Judges upon the Questions which I humbly refer to themselves to affirm or disaffirm
(from Goodall’s Collection, p. 276).