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Charier. The immediate grantees Under the charter Were the si1X persons particularly named in it: the rest were to be admitte l by them. They were not ipso facto made members. They were first to give their consent, be re they became members : they could not be incorpora ted without their consent. MUCh lesse are future practis ers of physic, of and in London, actualty incorporaled by this char-
This opinion of Mr. Justice Vates, does not, however, militate against the eligibili ty of eve approved physician to be admitted into the corporation; but merely asseris the law to be against compelling any man to subject himself to the du-
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he hecomes a Corporator. The Crown Can 'toblige a man to be a Corporator without his
consent; he shali not be subjected to the incon- veniences of ii, without accepting it and assent- ing to it By parity of reasoning, is every man possessedos ali the qualifications required by a Charterbe eligibie to become a Corporator, he CZnnot, legat ly, be dented the right, is he will assent tothe conditions and subjeSh himself to the in-COnVenienCes : and what man would refuse this, in a corporation where every possibie inconvenienCy is accompanted and recompensed by a tens id a luantage ξThe College of Physicians was incorpora ted topromote the generat good of mankind, by giving decisive a luantages and professionat authori ty, tomeritorious praesitioners. Admission into it was the characteristic type of distinhilon belweenthe physician and the empiric ; the Criterion bywhicli the public were to judge of the fittest objecis of their confidence; and of the best solarce of se ty and relies under the oppression os di Leas . Severat of the offices of the Corporation arenot lesse honourable than lucrative. They are suchas are looked forward to with solicitude, ratherthan with apprehension os inconVenienCy.
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Vith deference to the opinion of Mr. Justice Yates, it may be observed, that seven years had intervened belween the date of the afi, whicli en-forced the probationary eXamination before the Bishop of London, or Dean of St. Paul 's, and four approved physicians, and the date of the charteros incorporation. It is surely no Unreason lesupposition, therei ore, that there had been morethan the siX physicians particularly na med in the charter, as the immediate grantees under ii, admitted to legitimate practice during thos e sevenyears, by the bis hop and dean: and is in realitythere had heen, as by the ast iis etf they were legalty qualified sor eXamining others, it would heianwarrantable to Consider them ineligibie to beincorporaled, for that pui posse, When the Char-
Had Mr. Justice Vates sussiciently consideredthis circumstance, had he paid attention to the words of the charter itfelf, Ι am persuaded thathe would not have haZarded so solitary an opinion ; an opinion se incompatibie with fair and und deduction, as that of there having been but fix original members of the College of Phy
The charter says, oratis doctoribus con-
cessimus quod iis omnesque homines ejusdem facti
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tatis, de ει in cisitate praedicta sint in re ta nomine unum corpus ij communitas perpetua sive collegium perpetuum What then are we to understandby the wortis omnesque homines ejusdem facul- totis V Consistently with the an for the π-poisting of p scians and surgeons, it is impossibie toconclude other vise, than that every one must have been considered ejusdem facultatis, who had been CXamined, APPrOVed, and admitted, as a physician
by the Bistaop of London, or Dean of St. Paul 's. Ali such and ali the graduates of OXford and Cambridge, at that time practising physic in London and severi miles round, who, by the proviso in that aes, were implied to be atready Competent, without further eXamination, must have been ipso facto incorpora ted with the siX nominated applicanis for the Charier; or the wOrdS omnesque homines, tac. strong and eXpressiVe AS iney are, could have had no meaning, and there re musthave been equalty absurd and superfluous. Butit is not credibie that words capable of so important a Construction would have been madeuse os, in any Charier, Without a referenCe to relative objectS. In granis of this kind,' said Alr. Justice Asion spea ing of this charter in 1768 the con- struction ought to be made in a liberaI mannen; and this grant includes omnes homines ejusdem fa-
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euhalis de is in cisitate predicta ' he re ason abienesse of this opinion is a confirmation os iis truth. Is it be true, then, in liberal construction, must ali men have been considered ejusdem facu
mitted, as homines satis doeni ta gracines, for the fullexercise of the medicat functiori as physicians, whether their testimonials h ad been given under the hand of the Lissiop of London, or De an of St. Paul's, or under the seat of the University oi Ox- ford or Cambri lge; and ali thos e must, certain ly, beallowed to have been ejusdem facultruis, who Were admitted by the college, froni the time the charter vas granted to the period os application for con
But the applicanis for that statute are declaredio have been the siX physicians, who petitioned for the charter, and HI other men of the fame faculi 3 within the city of London and seven miles round . It is manifest, there re, that to Confine the right os admission, to the graduates of OX fordand Cambri lge alone, is an abuse of the authOrity granted to the College of Physicians by their
charter and the subsequent statute. For reigia graduates, merely as foret gia graduates,
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ithin London and iis suburbs, and Consequently they could not have been deni ed, upon that principie, a legitimate right os admission into the college, as memberS of the Commonalty at the timethe charter was ent ted. The law never sup-
posses a distinction not expressed: and there is not any evidenoe in the charter of any intendeddistinction, among the docti ta graet es viri, whowere to be admitte i into the college as members of it, on account of any diversity in theschools where they studied, or in the universities where they graduated. The instances of Doctors Chambre, Linacre, and de Victoria, who wereali foroigia graduates, are, Certainly, insuperable proo that no such CXClusive deferenCe, ascould lead to a monopoly of power in the College of Physicians, was ever intended to be paid by the king and partiament, to the graduates of Oxford and Cambridge. It was a position laid down by the coliri, in thecase of Dr. West, the foui th of George l. that, As to the testimonials granted by the universii-
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the privileges of the universities, Could re- vive or Confirm nothing but the reputation that this testimonial might give sucii gradu-
feren e discernit,te in the original charter of the college. There is not any proviso in it, as there was in the prior aes, For the appoisting of p - sirians and surgeons in favour of the universities of Oxford and Cambridge. The jurisdiction of the college is determined by it to eXtend, throughout the city of London and seven miles round and the graduates of the Universities of Oxford and Cambridge, coming to practis e within these limits, were to be, as mere ali Other physicians, subject to the controut of the college of
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to the controut of the College.
no man, though never so learne d a physici an or doctour, may practis e in London, or within seven miles, without Ile college licence indeed, tenyearS anteCedent to this, a recommendatory let-ter Was writtera by Lord Treas urer Burghley, to Dr. Barons date, requesting the privilege of practising in London without licence, in favo ur ofDr. Butier, then professor of physic in the University of Cambridge, whenever he might gothither on private bustiness, or Was sent for by any patient; and the privilege Was granted hina by the College, Conditionalty, that he would submitto the Customary examinations of the College, and pay the usual fees, provided he should come tolive in London l. In 16o7, by order of James I. the lord chancellor and judges assembled, To eXamine, view, and consider of the charters, statutes and laws, made for the govertament of the College of Physicians in London, and the practis ers of
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no graditate of Oxsord, or of Cambridge, that is not admitted and licenced by the president and College of Physicians, under their Common seat, could praesisse in London, or with in seven miles compasis of the sanae : and that, by the exception in the statute of the fourteentii of
Henry VIII. those graduates may practi se in ali
other places of England, out of London and ven miles of the sanae, Gillout examination, but not in London, nor within the faid circuit of seven miles Sir Francis Penaberion in 168o, and in 1682, Μr. Saunders, Μr. PolliXfen, and Mr.
Holt, gave a similar opinion. Iis validity indeedhad been fully establis hed by the decision in Dr Bonliam's case, tried bes ore Lord Clites Justice Colae, &c. the seventii of James I. The judges onthat occasion sald, The statu te of the third of Henry VIII. Chap. a. Whicli, in essest, is repealed by this aes of the fourteenth of Henry VIII. hath a special proviso for the University of Cam- bridge and OXford, which being here test oui, doth declare the intention of the makers of the aft, that they did intend to include them with in
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places out of London, and so much the rather, because that they purulew sor London besere, Nemo in dicta chitare, is l. V Their opinionwas, that nemo excludeth all, and there fore a doctor of the one university or the other, is
prohibited within this negative word nemo That is, as atready eXplained, that no one flaould exercise the s id faculty in the s id city, or seven miles round , unlest admitted to the privilege by thes id president and commonalty, or their successors for the time being, by letters of the president and
College, giVen Under their common seat. Similardecisions were made in the case of Dr. Levet,
the thirte enth of William III. , and in that of Dr West in the fourth of George I. r.
There is not any mention made but os one urce of admission into the college, either in the charter, or in the subsequent statute of the Murte enth and sis te enth of Henry VIII. and it is that, whicli is referred to in the clauseabove stated; namely, by letters of the president and college, given Under their Commonseat. Admission to practis e in London, and seven miles round , was in Si intended to be an admission in to the commonalty of the college. There