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any tristing deviation stom their proper titie may, upon such occasions, be readily excused : and it may not be necessary to multiply eXamples toprove, that, in ali legat proceed ings, the College of Physicians derive their titte iro in the Charteros Henry VIII. Whicli circumstance, of itself, implies a fuit conviction of the invalidi ty of the subsequent charters of James I. and Charies II. The authority of Sir William Browne, however, should not be omitted, because it shews,
that the charter of Charies II. in particular was never valid, aS many have Contended that it was. Although not any man ever be trayed more, than
Sir William Browne, the illiberal folly of acade
judiced adhereiace to the minutiae of College PVnCtiliousness, whicli this Charier might in s me degree have favoured, yet he openly declaredit to be only the outer Case of a Charier, and even that deficient and inconsistent. That the inner mortis and movemenis, whicli required ille finishing hand of the legislature, were in- deed expected to have been, but neVer wero put in partiament. V Iis miscarriage in partiament he attributed to the society of apothecaries, and availed himself of the elegant Latini ty os Sir Geo. Ent,'' to expressi the mutuat ii Ury,
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which was done by the apothecaries to them solves and the college, by their opposition to this charter, Rem nou sibi minus, quam nobis, utilem ' futuranssu minarunt How vast a cause sora sickly multitude to eXclaim, dii boni l quid potes ori severius stBut is it be true, that ali the Iearne d phy-ficians of grave deportinent practising in London, and seven miles round , and posses ling the rights of Britrsh subjects at the time es ena&ing the original charter for incorpora ting Physicians, were ipso faeno incorpora ted by it ; andis it be true, that, by the subsequent ast of the Durteenth and fifteenth of Henry VIII. confirm-ing the charter and granting further privileges,
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As me have fought in vain for the reasons, in the decrees of the Crown and legislature; and as we have en that the delegated powers of the only legalagenis of the college, their magistri ta gubernatores the president and censors, are not inconsistent withthe vie s of the Charier; M e Can ora ly eXpen to develope the s urce of the exclusion by investigating the by-laws of the college iis eis. But the
on the part of the college, or by a legat dis annuiment of their assumed privilege of ma ingaucti byd S.It is, in ali cases, dissiculi to bring back, toprincipies of restitude and justice, minils warpedby any rooted prejudice, and the dissicut ty is alta ways eXCestive, when prejudice is sed and con firmed by narrow and selfissi views of interest. Nor is it to be expected, that partial a luantages long possesscd will be yiel led without contest.
But as the reas nable Concession has not been made by the college, after they haVe been appliedio Very respecifully, and especialty as they have not destned to return an ansWer to the application, it cannot be improper to inVestigate the pro
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perience and os achnowledged learning and shili, frona a participation in thos e Corporate righis, towhicli every man is readily admitted, is he have graduated in Oxsorii or Cambridge. This must certainly stri e every candid andreas nable mind, as a Usage not lesse repugnant tothe interest os society at large, than it is manifestly proved to be Contrary to the intention os every aes of the crown and legislature, whicli granis privileges to the college. It totalty Changes and degrades the original nature of the institution it-self, and is as derogatory to the liberal vlews professed, by the frst applicanis for the Charier,as it is destructive of the salutary end intended by iis grAnt. It must be set evident to every man os commonundet standing, who, in the least, Considers the subject, however ignorant of the la he may be, that the power, whicli is inherent in a Corporation, of mal ing by-laws Cannot be an arbitrary power: that it Can never be reas nablyexercised, when eXerted with a tendency tocounieran the specific objects of the corporation itself. And this is an aXlom, Which any man,
himself that the law confirmS.
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Iors, but not of the eligibis Now is it have been proved, that the Charier,
by whicli the docti ta graves viri of the faculty of physic prastising Wimin London and severi miles
round were incorporaled, did ne ither expressitor imply any preference to partiCular Unive sities: Is it have been pro Ved, On the Contrary,
that ali the docti is graves viri of the faculty of physic, who practis ed with in that specified distatrict at the time the Charier WAS granted, WCTO, without distinction, incorporaled with the fix petition ing physicians, who were the immediategrantee S Under the Charier; and that ait o ther physicians, who, With the rights of Britisti sub jecis, could give testimony os adequale learia ingand stili, were eligibie to admisson in to the incorporaled college : then is the by-law, whicli demands prior graduation at OX ford or Cain brid ge, or prior admission ad eundem gradum inone of those universities, a by-la , Whicli supera so quali ca
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n qui calion not mentioned in the charter; whichnarrows the number of those otis lom elestionsare to be made ; whicli eXcludes an integral partos those who are to elen ; whicli is made contra; to the manifest intention of the charter as grante land accepted, and whicli is, theres ore, essentially
The history of the by-laws, whicli exclude aliphysicians, but the graduates of OXford and Cambri ige, from the fellowmip of the College of Physicians, might iis eis, perhaps fiassiciently, Convince any one not interes ed in their continu-ance, that they are arbitrary'and untenable. It must, howeVer, be acknowledged, that this opinion resis iapon the ground of a limited ac- quaintance With the college annalS. There has ever been sonae dissicuIty, even fortho fello of the college, to obtain the use of them. The possession of them is no , I unde stand, confined to the president, register, and .s Ur Censors. Towards the Ialter end of thelast century, severat complaints were made byDr. Tyson and other fellows of the College, on the subject of the dissiculty of accesse to them; andit Was not untii 17 21, that it Was propos ed that the president sta ould LeeP a copy of the annalS,
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upon giving a bond of one hundred pounds for his returning them when his ossice eXpireS. This circumstance is mentioned, only to potiatout the imprafficability of procuring such an insight, had it been required, into the private transactions of the college, as would have enabledany one to judge and to speak with the greatest accuraCy on the subjeci. But frona the s urces, Confined as they have been, Dona whicli I have derived my information, I think it is postibie totrace the gradation frona a trivial encroachmentu pon the fit si and only legat principio of the chartered rights of the college, with respect tothe admission os iis members, to an arbitrary CX-
the sanae re igia, and it enad is as mentioned be- fore ; hat the laid statu te or act of parti ment, Willi every article and Claus e therein conteyned, mali frona hences orth stanti and con- tinue stili in suli strengthe, force and essest; any acie, statute, lawe, Custonae, Or any Other
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For the bellor reformation of divers enormities
happening to the commonwelth by the evil using and undue administration os physiche, and for the enlarging of further articles for the belter execution of the things conteyned in thesaid graunt enacte d. V
sicians firsi determine d to arrange the physicianSpractistag in London and se ven miles round, into three classes : into fellows, Candidates, and licentiates. This was at a period abolit thirty-si xyears posterior to the Charier of Henry VIII.; and when no reformation, that has test a trace bellindit, had been effected in the generat state of the practice of physic in this Country. The age was stili too barbarous for much improvement of the kind, and the numerous prosecutions against per- sons accused os empirical and pernicio his practice,