A general view of the establishment of physic as a science in England, by the incorporation of the College of Physicians, London : together with an inquiry into the nature of that incorporation : in which it is demonstrated, that the exclusion of all

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quently, the subjeces of doubi, dispute, and animadversion, it would be, upon that ground alone, fair to suspect that they have not been framedwith impartiali ty.

But it has been rendered Clear, that a mO-

nopoly of the privileges of the College of Physicians,

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Physicians, by the graduates of OXford and Cambri ige, was not originalty intended. Thatit is not at any time legat is weli established likewise, upon the authority of Lord Mans-

judgment in an English court of judicature, it is particularly Mengthened by that of Judge Aston,

I cannot find any distinction inade belween the members of this corporation. How it crepi in afterwards might be difficult to ac- count for, but the granting temporary, and par- tiat licenses, upon which so much stress has been laid, will not, in my opinion, impugn the ancient iis age; for we see in diffferent periods a mosi manifest alteration, and the words quite ς different in the manner os admission ; until abolit an hundred years ago, they arbitrarily reduced it to the certainty, whicli has since obtained, whicli, questioniess, o es iis foun- dation to an illegat ast in the college itself, by arrogating a power to admit or refuse at their own free will. Whereas they are oblig-

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upon by the advocates for the college ; but Mr. Justice Yates observed, that Usage Only ap- plies where the construction is dotibi fui, here the construction is not doubifui, is it were, then indeed usage for two hundred years might have weight '. 'It is asserted theri upon the highest legat authority, that the College of PhysiCians are Un-warranted in making by-laws, whicli infringe the design and intention of the Crown and Par- liament in their institutionand it has been proved that the by-laws, which eXClude ali graduates but those of OX ford and Cambridge frona the fellowlhip of the college, Without any inves tigation of their competenCy and sitness, arefounded in usurpation ; an usurpation whicli Cannot be j ustified by any possibie construction of the

Charier, or Acis Confirming it. It is therefore demonstra ted that such by-laws are illegat, and that they may be annulled, and their perniciolis

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The litigations belween the college and various persons practising physic in London and seven miles round, frona the rei gn of Eligabeth to the present rei gn, have been chiesty of three kin is, and almost ait were originalty and commendablybegian at the suit of the college. The first, to interdici such persons the right of practising as had not been eXam ined and admit- ted, in whicli the college were always successis ut, even in opposition to the plea os eXClusive privilege in the graduates of OXford and Cambri lge.

Need there a stronger argument be Urged toprove, that it was never intended to give thegraduates of those universities eXClusive, Or evenpeculiar righis in the College of Physicians ξ Thesecond, to punisti persons found guit ty of mala praxis, severat of whom were admitted physicians; and the third, to represse empirics and empiricis m.

These are the legat purposes, for whicli the privilege was Conceded to the college of makingby-laws; in these instances V ere legalty and fairly exerci sed, the gubernatio, supervisus ta correctis co legii ta omnium hominum medicinam exercentium, tac. But it is illegalty eXercised, when that gOvern mentis stretched to exclude the able and the wise stomthe Corporate aduanta ges of the college; or toprohibit

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prohibit even the ignorant froni the right os afair investigation of their abilities. In 1771, Dr Archer and Dr. Fothergili con- tested this privilege, whicli the college have aD sumed, and is the original intention of the char-ter, and adis of partiament pertaining to the college were decisively to admit ali persons, who, upon eXamination, should be found unquestion- ably qualised; is there can be no doubt of the fasi, that the right os discretional eXClusion was never granted to the college, and that therei rethe usurpation os it is illegat, and the right not temable ; it is natural to ask, how it happened that Dr. Archer and Dr. Fothergili, who h ad been eXamine i and approVed, and who were quali- sed in every respect for admisiton, were des eate lin the cause whicli they maintained Θ The ans eris obvious, that they were mis uided, and thatthey pursved the wrong groundS of claim ; sorthey clai med admission into the college as fel-lows, under the very by-law whicli admitted themto prasiise as licentiates ; clairning froni their licens e the privileges of the fellowssiip.

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This reasoning, whilst it carries convictionalong with it, determines the claim to be notunder the license atre ady obtained, nor Under the by-laws, whicli relate to the permission oflicentiates to practi se ; but under the charter of incorporation it is, on the broad basis of individual qualification; without the least regard toplaces of study or to locat graduation. The protestion os merit, where ever reared orra here ever Cultivaled, involuntari ly presses itselfupon the unbiassed and unprejudice d minit, as theespectat and peculiar province of ali societies of men, Whose professed object is the promotionos learning and of science. It is to be lamen led, that such protection Q seldom engages the consideration os societies incorpora ted, almost sole ly.sor that purpo . We too Often disco ter in them, rhat the influence of vanity or of interest cxtinguis hos

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tinguis hes in the mind every sense of sociat obligation : and chilis the hearis of men to a cold

It is well known how much the worid hasbeen indebled to the fostering care of Sir George Ent, for an acquaintance With the labours of the immortal Harvey. But his protection was thatos a frienti, not the ossiciat protection os a president of the College of Physicians. To what evercause it may be attributed, Harvey Compla inedthat his practice considerably declined after thepublication of his doctrine of the circulation . The reniter of the works of Sydentiam Cannotavoin to discover, that he likewise had powerfulenem ieS, notwithstanding the protestion of his eminent frien is Dr. COXe, Dr. Needham, Dr. Mapletost, Dr. Goodali, &C. There Was al-ways sonae procacissimus Aristio ready to depreciate his profectional exertions, and to brand his Character with reproach. He is declared to have gained ior ali his assiduous labours for the good of mankind, only the sad and u ust recom- pence of calumn ' and ignomin y, and that fi om

η See Aikin's Biograph. Mem. Os Med. p. 289.

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The fas k would be at least an Unpleasant, Per-haps an invidious one, to attempt to particularigethe living instances of a similar Lind. The obvio iis principie, Whicli stili pervades and actuates the College of Physicians, in t eis corporale capaci , is extensively seli in iis oppressive operation. Thecourteolis abrogation, in favour os aliens, of a Clause, which debarred ali physicians frona the order of candidates and of fellows, who were not the natural subjects of Britain, might have serve d a temporar) purpose, but the ad vantages could extend tovery few; and although it gave accesse to the honours, it could not give eligibili ty to the offices of the fellowsilip ; it was, theres ore, rather an instance of personal and partiat favour, than os liberal reformation. The arbitrary nature of the by-Iaws of exclusion is stili justly to be complainedos It stam ps on the whole governinent of the college

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College the strong features of a tyrannical system. By dis uniting the common interest of medicat prasiitioners, it weakens their powers of serVinginant ind; for, in proportion as it diminis hes the Opportunities, it retariis the progress of improve-

ment.

The brightest talenis, is not in alliance with the universities of England, are Unavailing tities to patronage frona the corporate society of the College. The blage of unconnected genius may by accident dis play iis brilliancy, but it has to burst iis arduous way through a dense Cloud os inveterate prejudice. Men of the greatest vigour of mindare osten thus depressed, and condemned to tollin obscurity, eXcluded frona ali the legat privileges,to whicli talents and industry, learning and Vir- tue lairly and unequivocalty entille them ; whilsithe grossest ignorance and empiricita, the mosi atroclous knavery in physic is tolera ted and su fered to roli on, in an uninterrupted Course ofluXurious prosperity. When the cause of nil this is done aWay, when the stream os profectional proferment is restore I to iis original channei, and the s urce of professionat fame to iis original puri ty, wemay look sorward to the accomplissiment of thegrent ob edi, for whicli the faculty of physic was L incorporaled;

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incorpora ted ; and whicli is now eXtremelyneglefled, as to be apparently forgoiten. The health, the wellare, the happinest ofmani init, might be largely contributed to by the impartial encoharagement of professional merit; and by a generat and uniform exertion in aliberalty regulated college, to suppresse a herdos infamous quackS and scandalous impos fors, who datly buoy up the liopes and expectationsos deluded multitudes, and Diten upon their credulity.

APPENDIX.