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monalty of barbers and surgeons of London totake at their discretion annually, for anatomieS,DUr pers im Condemned, adjud ged, and put todeath for felony, by the due order of the king'slaws of this realin. Queen Eligabeth, in like manner, in the seventh year of her reign, ADter recognising the charter and adi of the fourteenth and fifteenth of her fallier, Henry VIII. conceded to the president and College, Or Commonalty, of the faculty of Physic in London, the privilege of having annually, at their own option, One, two, three, or smur human bodies, for dissestion, of such as had been eXecuted a ter condemnation for felony. But upon the eXpresscondition of the dissection being conducted with decorum, and of the bodies being buried, at theeXpence of the president and college, after thedissection was com Plete i. There was likewise a bEI, whicli it may notbe improper to mention, because it has been made the frequent but unavai ling ground of defence by empirical impostors, against the COI- lege Prosecutions, it was of the thirty-fourth and
no common surgeonS, ma ' minister medicines not-
ithyiandiu the salute It confined that pri-Vilege, however, to the subjesis of this realin Who might have knowledge and eXperience of the
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In a litigation belween the College of Physicians and Jolin Buller the si Xth of Charies I. for his having practis ed physic eleven monilis
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contrary to the statute, this bill was pleaded in bellais of the defendant. Eut in declaring the decision of the bericli, Richarilson, the clites justice, for himself and the other judges, sald, And
upon consideration os ali the law of thirty-s urth Henry VIII. we be of opinion that this statute doth not reach, netther in Word S, nor in intent jand me anin g, to give liberty to any person that praelises or eXercises for lucre and prosit; and it is apparent by the preamble, and the statute also, that this mas made principalty against
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fested sor granting them disserent frona the declared motives for granting the original Charter
The eXpression may be sonaewhat more fullin these; and the means os accomplithing theiro es t more particularly described : that of
lation of the original charter, whicli it intendedio confirm in ali iis Clauses. It eXplained more atlarge the means of effecting iis purpose: and had in view to Confirm to the college the further privilege of choosing a register and inferior ossicers ;and to vest in the president and any six persons of the college or Commonalty the power of making by-laws, Under eXpresse restrictions By the preamble to the intended charter of Charies ΙΙ. it is evident, that there Was not any deviation in that frona the principie of the original Charier, nor any nem motive for the intention to extend the Corporate powers of the college; sor
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yeares much increased, and ait present doe day lie multiply, together With the renewed fraudes, abulas and deceipis of divers apothecaries, drug- gisis, and others inhabiting in the fame cittie frequently exercised and prastis ed in the mak- ing, prepareing, ordering and venting os druggs and other things relateing to the s id faculti e of physiche, to the greate distionour of this na- tion and of the sage and learned professors of that facultie ke nobie and necessary, and to the detri- ment of us and our good subjesis. The cheife
dared publiquely to professe and practis e phy-
sche in Our sa id cittie of London, and by ne inventions and delusions deceived much pe ple, thereby advinceing theire priVate Commo- ditie in the greate detriment of the publique, and yett have evaded the just and condigne punishment provided and intended. by the charters and acts of paritament a res id forsuch presumptuous offenders. Which to pre- vent in the future and that a due and Dasonable reformation may bee had in ali the premisses
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and an api proper and legali constitution and incorporation may he had and establisited os grave and learned do rs, and other able ε and eXperien ed praciisers of physiche, in and - about our said cittie of London, indowed with
fi powers and privi tedges convenient and requi- - site for the ends afores id : know ye that wee of our es peciali grace, &C. have willed, ordeyn-ed, Constituted, declared, given and grauialed, fi and by these presenis for us our heires and suc- ε cessors doe will, ordeyne, Constitute, declare, give and graunt, &C. Such considerations are os national import- ance, and worthy the deliberate investigation of the legislature. The circumstances Complainedos, however, were such as had eXisted bes ore,
the Crown and partiament. There needed not
partiament, these charters subsequently intended, would have been supererogatory, and they wereset asside. That the very Contemplation of them, howeVer, under the promised protection of the Crown, might have influenced the generat conduct of the college, is surely no very unilair supposition ; or it is possibie, that the college having,
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srom time to time, adopted meas ures, whichthey were Consciolas they could not justify, mighthave solicited as weli as this, as the charter Of
and Commonalty of the college ; and untii theyeZr 1752, Under Whais ever description theymight have been considered by the fellows of the college, the licentiates were summoned to the comitia, with as naucii res peti in forna as were the fellows thenaseives, and in similar habili, menis cum pileo ta togo, This summons was istaed, and iis modeprescribed frona a by-law, whicli pertained tothe decorous appearance in the comitia majora Cologarum, tac. of the president, Vice president, electS, Censors, reliquique omnes Socii. Is the licentiates, Ilerfore, had not the rank of the Socii, or fellows ; they must have been Considered asa part of the commonalty of the College, since they were summoned as of the number
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Lut what ever Datures of that Charier, may have been apparent, frona time to time, in sonae of the trans elions of the college, their Own
convi Stion os a deficiency in any right deriva-ble froni it is clearly evinced, by their not hav-ing availed thenaseives of the most essentiat extra privileges, to whicli it would have ent illed them. They have neVer, in consequence of it, limite lthe number of their fellows to forty :.nei ther have they ten elefis, as intended by that Charier, but eight, as enacted by the statute of the fourteenth and fifte enth of Henry VIII. biit, moreespecially, they nei ther petition partiamCnt, norsue nor are sued, by the nanae of The presi- dent, fellows, and commonalty of the Ling's College of Physicians in the city of Lon- don, V conformably to the intention of the Charier of Charies II. but always by that of The president and College, or Commonalty of thev The charter Was petitioned for in I 662, the Pharmacopoeia, published by the college nexi after that date, was thatos i677, fifteen years posterior to it. There is in that pharmacopoeia a catalogiae of fifty-three fedlows of the college, and of them only seventeen sui vivingos the forty particularly nominated by the charter of Charies II. as the fit st sorty tobe appotnted.
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A the faculty of physic in London, ' as directed by the charter and subsequent act of Henry VΙΙΙ.
In proos of this, there Wa8 a petition presented to partiament in iras by Dr. Freind, thena member of partiament, frona The president and College, or Commonalty of the faculty of physic in London, praying for a check to the increasng and pernici ous use of spirituous liquors. So, lihewise, in their replications to thes uits of Dr. Letch in 1767, 1768, and of Drs. Archer and Fothergili in 1769, 177O, 177I ; theyreplied, as they were sued, by the name of The president and College, or Commonalty of the
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loins, &c. V: and like vise, in an ad tress os congratulation to George I. on his accession to the throne in 171 4, they began e the pre- silent, elefis, censors, fello S, and oller mem-
sicians, &C. VIt may not be improper to observe, that thelicentiates might have thought thenis lues included, by the eXpresion other membres, in such lutitat ad tresses to the throne, so long as theywere respecifully summone I to the Comilia: forthey could not then have been acqua in ted withthe narro ed de itisu of the word CHI a ', which was promulgated in 1763, after the cu tona os summoning them to the Comitia was abolis hed : and there, certainly, is not any eVidenCC, that the licentiates vere ever tess Zealous in theirloyalty, than the fellows of the college them-
It is allownble for the language of Congratulatory addi esses, frona any incorpora ted society, to be more Vague than would be compatibi e with the precison necessary in fornas of law; foras not any idea of the peculiar modification oftheir legat existence is to be inferred from it,
Per Collegas intelligi volumus aut socios aut societatis nostrae candidatos. Statur. Coll. Med. Lond. 176S. p. 28.