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Commonalty, Or perpetuat College. V
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The commonalty or college, thUS incorporaled,
as endowed with the privilege of eletang annualty in perpetuum, froni among thenaselVes, One discreet and si illed in the faculty of medicine, to be president of the laid college or Comm alty; to supervise, regulate, and goveria, for theyear, the laid college or commonalty and alimen of the sanae faculty and their assairs.
It was granted likewise, that the s id presidentand College, or Commonalty, slaould have perpetuat successiora, and a common seat to be always
used in the transactions of the said presiderat and Commonalty ; and that they and their succes- sors might be always entilled to acquire and possessi, in De and perpetui ty, land and tenementS, rentalS, and every other kind of possessiora, it was conceded to them and their successors, that they might, for theniselves and their successors, acquire, as weli in the City of London as eis where. lands and any kind of
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the name of the president of the. college or commou-
sident and college, or Commonalty, and their successors might, Willi impunity and Dee Domevery kind of molestation, as osten and when- ever it might be necessary, hold lawful assem- blies among thenaseives, and mahe statutes and rules for the wholeso Me goVerrament, supervising and correction of the laid College or Common- alty, and of ali men eXercising the sanae faculty in the sa id city, and within seven miles round the fame.
It was likewise granted to the laid president
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the supervising, eXamination, Correction, and governinent of ali the physicians of the laid city, and of ali other physicians whais ever not of the city, who mould pracri se, or in any manner eXercise the faculty of physic with in the city and suburbs, or within seven miles round the city : and the power of punishing the sui d physicians for their delinquencies in uni kililly Pursuing, Using, and eXercising that faculty : likewis e the superintendence and eXamination of ali foris of medicines, and of the presserip- tions for them of the s id phvsicians, and of every such physician, for the purpose of adminis- tering, applying, and using them, to Cure and heal the dis ases of the king's liege subjects. V
the punishment of physicians of this sori eXer- cising the faculty of physic, and that os delin-
uenis in what has been premissed, be eXecuted by fines, amerciamenis, and personat imprison- ment, and in other reas nable and consistent
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Dom heing summoned to any astiges, Or toserve Upon any juries, inquests, &c. Within London and iis vicini ty. VThere Was, finalty, a proviso, that neither the Charier, nor any thing contained in it, mould operate to the prejudice of the city of London, or of iis liberties. 'Thus far the original charter, whicli, in aboUt Ur yearS afterwards, sin Isag or 1523 WAS COnfirmed in every particular, and additionat granis vere Conceded to the e stablis hed college, by the
ficians in London. This statute, as weli as the charter, was obtained
by the application of the siX physicians named in the Charier and of HI other men of t e same facultγwith in the city of London and seven miles round ;and it states to the crown: Fors moch that the malaing of the sa id corporation is meritori- ous and very good for the common-wealth of this your realine, it is theres ore expedient and neCessarie to provide, that noe person of the s id
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cessors for ever, in as ample and large manner
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and in the Did facultie in London, to supply the sa id roome and number of eight persons; se that hee or they, that mali be so chosen, bee first by the Did supervisors straytly examined after a forme devised by the laid electys, and also by
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The charter and this subsequent statute arethe fundamental urces of ali the privileges andauthority of the college of physicians in London. The language of both is so perspicuous and determinate, that it cannot be misunderstood : nor cantwo opinions be formed, either of what were themotives for establis hing the college originalty; oros the description of persons who were intended
Mucii misellies had arisen in the kingdom, stomthe ignorance, temerity, and avarice of a multitude os daring pretenders to medicat science;
and the sole object of the crown and partiament was to correct that misthies for the generat good of the people. They conceived the best way toaccomplissi that object was to incorporate thos physicians, who had ulready given proos of theirabilities,
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abilities, the homines docili is graves, and to invest them with the power of judging of the competency and finesse of others; that the incompetent might be restra ined frona practising, or punishedior their delinquencies ; and that the privilege of presserit,ing remedies might be confined to men os approved stilli. . The an of the third of Henry VΙΙΙ. for the π- potnti si trians and surgeons,'' was, in effectas far as pertained to physicians, repealed by the Charier : and there re the privilege exerci sed, in right of that adi, by the Bim op of London and De an of St. Paul 's of eXamining and licensing physicians to practisse in London and iis vicinitywas, by the Charier, vested solely in the College of Physicians. By the subsequent statute of the urteenth and fifteenth of Henry VIII. the like privilege of licensing physicians, in the dioceses of
Ei gland out of London, Was transferred frona
the provinciat bimops and their Vi Cars generat, to the president and three of the elens of the college of London. The provinciat bimops,
however, Continued freely to grant licenses, not-wit di an ling this statute, for more than one hundred and fifty years after ardS. But, in 1687-8, a circular letter Was sent frona the College to every
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' practis e physicli, which was given by the statu te
of the third of Henry VIII. chap. ii. to the bimops in their respective diocesses, or in Case of their absence, to their ViCarS generat, is trans- ferred to the president and three of the elens, of the College of Physicians; Who are to eX- amine the said persons at London, and to give them letters testimonial of their approving and eXamination of them, be re they could be licensed by the bis hos ps, or their VicarS gene- ral, to the practice of physich, &C. VThus was the paramount authority and goVern-ment of the College of Physicians of London, est ablis hed through England in Isaa. Ιt is probabie, that the annual election os four Censors, enacted by the charter, Was derived frona theus age that had been ordained, by the prior aes of parti ament, os calling four approved physicians toas Ust the Bishop of London, or Dean of St. Paul's,
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should practi se, or in any manner e Xercise the faculty of physic, Within the city and suburbs, or within seven miles round the citu : and the
power of punishing the laid physicians for their
delinquencies, in un&ilfully pursuing, using, and exercising that faculty. V But the president was vested with authori ty to supervise, regulate, and goVern the College, or Commonalty, and ali men of the sanae faculty and their affairs. The president and four censors for the timeheing, there fore, are the only persons of the College, who a re legalty invested with powers of magistracy: they are the only legat agenis in thegoVernment of the generat a Tairs of the faculty
as agendi sor directing the means and accomplis h-ing the end, for whicli the college was originalty unded. But that end is as specificatly define lin the Charier, as the appo intinent of suCh agenis is explicitly described; and, theres ore, it cannot be capricioiasty Changed nor varied: and the means by whicli it was to be effected are as obviousy