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There Was no oster way potnted ovi, by Whichthe succestion os members was to be Continued, and the perpetuity of the college maintained. In
him the idea was, that ali persons duly quali- fled, who took testimonials under the college al, were to be of the Community, and this was lassicient to continue the succession, and perpetuate it The eligibili ty likewise to admission is de scribed, both in the charter and in the subsequent statute, in ternas, whicli it is impossibie to Construe, With any CXClusive application to the graditates of any particular universities ; for theonly titte to admission is eXpressed in the generat qualiscations of Homines Heli ta graves, of persons pro und, sad, and discreete, ground- ly learned, and deeply studied in physiche VAs fuch qualifications cannot be ascertainedwithout being investigated, so has eXamination been ever considered, and that most pro- perly, the only praeitcable medium os admisiton to the corporate rights of the college, that is atali consistant with the en is of the institution :
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whicli operates partially, be e ver admisit ble asvalid in law. Is admission had ever heen confine J, by the ahis of the Crown and parti ament, to the graduates of OXsord and Cambridge only, then is the usage of partialty admitting others, who are not graduates of those universities, whicli, under the idea ofespectat grace, is occasionato adopted, decisively ille
to the gradu ates of OXford and Cambridge, by the aft of the so urteenth and fifteenth of Henry VIII. is specised in the Cleares , the most eXpressternas, so is there no difficulty in mari ing iis limitation, nor in dis overing that admission was originalty intended to be free to ali physicians, ere ever they had graduated, Who posse sted the rights of Britisti subjects, and could provothenaseives to be satis dodni ta graves.
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To have eXempted the gradu ates of OXsord oros Cambrid ge, Dona the jurisdiction os a collegeest ablisbed for the declared purpo se of Correctingabuses in the practice of physic, or to have investe libem,solely, vitii the corpora te goVertament of that college,
before the doctor's degree can be conferred. But not any regular cohar se of public lectures iapon medicine is given in Oxford; and reside iace is dispelised with after the degree of master of aris has been talien, Confer. p. 3 . S , Ss. Parces.
s e mei p. e corpore. Matutor. Viris. Ox. It was the opinion of
Dr. Knox, that is the student had 11, other instruction, than that afforded hi in by the professors appotnted and pa id for influcting him, he might as weli have gone to get learning to the land of the Hotteratois, or pursved the sciences in Lap-
land V Knox's Liberal Education, v. ii. p. 23O.
In every thing, however, Whicli I advance, Concerning the universities of England , is dii in any intention α depreciating their genuine importance ab Diioo generat science. Ali I contend for is, that they are not the ' only universities, where every thing that is known os science can be learn and that, as schools of physic, they are even stili very inferiorto many. It is asserted, that a professor in one of the universities of England could not procure books, in the university, necessary for preparing such a course of lectures, as he wis hedio deli ver upon a branch of knowledge essentialty connected Vith the science of physic ; and that he went to Gortingen forthe pui posse. Is it be trire, 4msact, that the University libraries could not have furnis hed hi in; I know that it do es not folio ,
as a Conseque race, that not any n Britain could. Ee that as it
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college, Would, inevitably in the end, have perverted the very object in view. Is such an idea had bden suggested, it must have been perceived that an institution intended for the permanent benesit of man in i, would ultimate ly
dium of the partiat aggrandigement of the graduates of particular universities. Such an idea would have been alilae incompati ble with the professed design of the Charier, and repugnant toe very principie of nationat poli cy and of public
Independently of this, it would be extremebabsurd to suppose, that suci, men as Doctors Chambre, Linacre, and de Victoria should have been mosi actively instrumental in procuring letters patenis for in Corporating a college, which was tobe vested with para mount authori ty in physic, and that they should have lest implicated, in any Clause, the eXclusive privilege of medicat governnient in the graduates of universities, whicli they ther selves found inessicient in their own education. They were ali physicians to the king, and gradu ates of fore igia universities. Jhe sest namedin the charter, Dr. Jolin Chambre, graduate dat Padua, and was not incorporaled at OX 1 dunt il
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untii 13 31 ', twelve years after the date of the patent iis eis: Dr. Ferdinand de Victoria was a foreigia physician, and was not incorporaledat OXford untii 13go , more than a year after the Charier Was granted : and Linacre himself, Who was, indisputat, ly, an honour to the age in which he lived, although admitted a fellow of All Soul's College, in 1484, gradu a ted in Italy, and was incorporaled at OXford upon his re- turn t. It is an acknowledged DB, that theuniversities of England were incompetent to in
: Wood 's Athenae DXoniens. V. i. P. 2O.ῆ An fortunam Linacri miseram ac miserandam putem, eo quod domi non haberet unde disceret; an felicem eum potius Praedicem, cui contigit ea foris didicisse, quae possent & ipsum Patriae, Zc Patriam terrarum orbi commendare; Cui Contigit quicquid Florentia, quicquid Roma literarum aluit fuit autem tum temporis Italia Graecarum Artium plenissima) in Academiae suae sinum secum deportare, & inter suos auctiora atque uberiora depromere Transalpinae eruditionis miraculat SirG. Dater's Harmian Oration, I 76 I, p. s, Qui, cum domi non habuerit unde disceret, in Italiam, humanitatis et elegantiae tunc temporis domicilium, migravit; ubi ex Politiano facundiam, ex Demetrio Graecam linguam, eX Hermolao didicit philosophiam. Dr. War en's Oration, I 769, p. 3.
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lege had hocn e stabiistied, was admitted a sello , sive years prior to his incorporation ato Xford : and Harvey and Mead, two of the three only physicians, whose superior meriis havehitherio procured for their busis a place in the college, graduated likewise at Padua; thethird, the immortal Sydentiam, dissatisfied withthe opportunities of improvenient assorded himat OXford, studied at Monipelier ': and he was never a fellow of the college, but merely a licentiate.
As then no rationat pretence Could be urged, at the time it was unded, for the concessionos partiat prerogative in the College of Physicians to the doctors of OXford and Cambridge; and as, since the establiminent, the absurdi ty offuch distinction has many times been manifested by the superior meriis of physicians, who gradu-ated, or acquired their knowledge in other universities, so is the inserence Clear, that the Crown
and partiament, consistently with their professedol est os public good, could never have intendedio grant, by any charter, so Vast and enormous apreference to the graduates of OXford and Cam-
' He graduated at Padua 1638; was a candidate of the college I 6s ; a fellow the year aster, and was incorporaled at Oxford, I 6 8. Impari. Enq. into the Legat Co s. of the Gil. Plit . p. 96. From mos 's Fasi, v. ii. l, Swan's, Lise of dentiam, froni Desault's Dissertation on Consumption.
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That by the charter, and subsequent adi ofHenry VΙΙΙ the unequivocat right of admission is secured to ait reputable physicians os competentlearning and professional skill, who are entilled tothe privileges of Eritim sub ens, is then unde-niably demonstrated: and there is not any thingrepugnant to this assertion in any adi, pertaining to the college, made subsequently to the statute of the s urteenth and fifteenth of Henry VIII. The neXt to this, whicli relates to the College of Physicians, is the statute of the mirW-seCondos Henry VIII. chap o. entilled For p scians and theis pristiges '' By this statute, was conceded to the president of the commonalty and fellowshis , sor the time being, of the science and
faculty of physic, in the City of London, and tothe commons and fellowS of the fame, an exemp
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si1ould think convenient, and habe experienta in
sworn. On these was to devolve the duty ofvisiting the smops of apothecaries to eXaminetheir drugs and wares. This diity had not beenso ciearly desined in the charter as it was in this statute, nor had any punishment been decreed for those, Who fhould refuse to submit to suci, an investigation, and whicli, by this statute, Wasfixed to be a fine of sive poUnds. It was, furthermore, Conceded by this statute of the thirty-second of Henry VIII. Forassi much as the science of physich doth com- prehend, include, and Contain the knowledge of surgery, as a speciat member, and part
of the fame; that any of the laid company or fellows his of physicians, being able, Chosen,
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nal charter, and the statute of the fourteenth and
fifteenth of Henry VIII. were fully confirmed, and
the continuation os ali their articles and clauses vas fui ther authorised; Any acte, statute, lawe, custome, or any other thing made, had, Or Used, to the contra e in anywise notwith standing. 'And the oub objects of this an were declared tobe The better resormation os divers enormities happening to the common-welth by the evil using and undue administration os physiche, and for the enlarging of further articles for the helter execution of the things conteyned in the faid graunt enacted. V To effect whicli, it was no ena ted, that the gaolers of the disserent gaols orprisons, within the city and precindis, the Toweros London eXCepted, should receive such personsas the president, or those legalty appotnted for arching, eXamining, correcting, and punishingthe offenders against the clauses of the charteranii subsequent statute, fiould Commit, Undera penalty, for refusing to receive them, of a fine double that, whicli the offenders thenaseives had been assessed to pay. The methods of re- covering such sorseitures are particularly potnted
It was by this asi declared lawsul sor the wa dens of the company of grOCers, Or One of them, to
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search the smops of apothecaries, &c. and the forseiture for not submitting to the search, &C. was made, by this ast, ten poUnds, to be reco- vered by the described methods. It was finaltyenacted, that, Upon request being made, the magistrates and officers of the civit power, in thecity and suburbs, mouid assist the president of the college, and ali persons authorised sor the due
execution of the asis and statutes referred to.
As formerly, and untii the eighteenth of George II. thesurgeons were of one company with the barbers, so were theapothecaries with the grocers. Κing James I. in the Durthyear of his reigia, had incorporaled both, under the privileges Ofone Charier, and nine years after ardS he dis united them, and granted a separate Charier to the apothecaries ; but with powers that were not to infringe the right, whicli me physicians had long possessed, of examining their mops and drugs: by the charter itself, which Was granted to the apothecaries, tha tright was confirmed to the president and College of Physi- cians ; and the further right os calling the master and wardens of the society of apothecaries, as weli as of the company of gro- cers, to alsist them in their search and examination. The aD sistance of the lalter is certainly not required, and is theresere