A short Account of the Institution and Nature of the College of Physicians, London.
THE College of Physicians in London (first Founded and Constituted by the Charter of King Henry VIII. in the Tenth Year of his Reign, and afterward confirmed and inlarged in its Privileges and Jurisdictions by several Acts of Parliament, and Charters granted by Himself and Royal Successors,) consists of a President, Fellows, Candidates, Honorary Fellows, and Licentiates.
1. The FELLOWS
Are Doctors of Physick, chosen out of the Candidates, who have been always limited to a certain Number, and are now confined to the Number of Fourscore, by His present Majesties Gracious Charter: Out of these are chosen the President, Elects, Censors, and other Officers of the College, who, with the rest of the Fellows, are solely concerned in the Governing Part of the College, and have a Voice in the making and rescinding any Statutes, Orders, or by-Laws, relating to Physick and the Practice thereof.
2. CANDIDATES
Must be Doctors in Physick, admitted to that Degree in one of our Own Universities, must not be Foreigners, and ought to [Page 2]have practised Physick Four Years before they are admitted into that Order; out of these, as the Seminary, the Fellowships are filled up, as they become vacant, in a perpetual Succession.
3. HONORARY FELLOWS
Are such Doctors in Physick, as by reason of their being Foreigners, or having taken their Degrees in some University beyond the Seas, are not incorporated into either of Ours; or, for some other reason (having not been Candidates) are not of the Number of those who have Votes in the Affairs of the College.
4. LICENTITATES
Are such other Persons Skilled in Physick, who by reason of their being Foreigners, or their not being admitted Doctors in one of Our Universities, or for their not being Eminently Learned, or by reason of their too great Youth, or such like Causes, are not capable to be Elected into the Number of the Candidates; yet may, notwithstanding, be serviceable to the Publick in taking Care of the Health of the King's Subjects, at least in some particular Disease.
NOW, of all these several Ranks and Degrees of Practisers in Physick, none of them is confined to any certain Number but the Fellows and Candidates; so that the Rest being wholly unlimited, no Person can be excluded out of the College, or debarred from Practice, but such as are so wholly illiterate and unskilful, that they dare not adventure to submit themselves to the Examination and Judgment of the President and Censors of the College, either as to the Goodness of their Medicines, or their own Skill in all, or any Part of Physick; though the President and Censors be Men strictly sworn to do justice to [Page 3]all Persons, who shall present themselves, or their Medicines, to their Scrutiny and Examination.
From hence it manifestly follows, That the College of Physicians is very far from being a Monopoly, since it cannot reject any of the King's Subjects who are duly qualified for the Exercise of all, or any Part of Physick; and therefore, all Pretenders to Secret Medicines, or to the Practice of Physick, without Licence first had from the College, are justly prosecuted and punished as Publick Cheats and Impostors (conscious to themselves of Fraud in their Medicines, and Insufficiency in their pretended Skill in Physick) according to the just and wholsome Laws in that Case provided; For which purpose, and for the Incouragement of Legal and Learned Practicers in Physick, the College of Physicians is invested with several Powers and Privileges, partly by the express Laws of the Land, and several Royal Charters; and partly by such Statutes and Orders of the College, as have been made in Pursuance thereof. An Account of some of which are here Printed, for the more Publick Information of all the King's Subjects, so that none may hereafter pretend Ignorance in these Matters.
1. The Censors of the College are intrusted with the Government, Scrutiny, Correction and Supervision of all Persons practising Physick within the City of London, and Seven Miles Compass, together with all their Medicines, Bills and Prescriptions whatsoever; so as that they may punish Offenders by Fines, Amerciaments, Imprisonments, and other reasonable Methods.
2. No Person in the Country (except Graduates in Physick in either of Our Universities) can have a License to practise Physick from the Lord Bishop of the Diocess, till he be first examined approved by the President and Three Elects of [Page 4]the College, and receive their Letters Testimonial for that Purpose.
3. All Persons practising Physick in the City of London, and Seven Miles Compass, without Licence first had of the College of Physicians, after due Examination, whether meer Empiricks and Unlearned Persons, or any other whatsoever, are to be prosecuted at Law, and upon Conviction to pay Five Pounds for every Months Practice proved against them; and, if they happen to be Apothecaries, may also (according to the ancient Practice, and laudable Custom of the College, inforced by a former, as likewise by a late Statute) be discommun'd; so that no Member of that Society ought, upon Notice thereof, to suffer any of his Bills or Prescriptions to be sent to any such Apothecary.
4. Any Person practising Physick Illegally, that is, without Licence first had from the College of Physicians, if his Patient shall happen to dye under his Hands, is indictable at Common Law for the Loss of one of the King's Subjects.
5. Upon Complaint made by any Person to the President and Censors against any Practiser of Physick, within the City of London, and Seven Miles Compass, whether he be a Licensed Physician or not, for having prescribed any Unfitting or Unwholsome Medicine to his Patient; the said President and Censors have full Power and Authority to receive any such Complaint, to summon the Person offending to appear before them at their Board; to summon, and examine Witnesses, and to hear and determine the Matter; and, if the Person accused be found guilty of Ill Practice, they have Power to set a Fine upone him to any Summ not exceeding Twenty Pounds, and by the Warrant of the Censors to commit him to any Prison of the City (except the Tower of London) till he shall have paid the [Page 5]aforesaid Fine, and made due Submission to the College; so that all Persons who are injured in their Bodies and Healths by Unskilful Practisers, may there have certain and speedy Redress.
6. By the King's late Gracious Charter, the sole Power of Licensing all Books, Papers, &c. relating to Physick and Chirurgery, and the Practice thereof, is, after the Expiration of the Act of Printing, granted to the President and Censors of the College of Physicians; And, in the mean Time, is by them exercised by Favour of his Grace the Archbishop of Canterbury, who has been pleased to give them his Deputation for that Purpose; by which Means, frivolous and useless Books in Physick and Chirurgery, will for the future be in great measure Prevented, and the Scandalous Bills of Empiricks and Impostors in that Faculty stifled and suppressed.
7. Any Physician Licensed by the College, may exercise the Science of Physick in all and every of its Parts, any Act, Statute or Provision made to the contrary notwithstanding; so that he may, as often as he pleaseth, practise Chirurgery and Pharmacy, or the making and compounding Medicines for the Use of any of his Patients.
THESE are some of those Privileges and Powers, which the Royal Wisdom of our Princes, by their Charters and in their Parliaments, have thought fit to grant unto the College of Physicians, for the better Reformation of diverse Abuses and Enormities happening to the Common-wealth, by the evil using and undue Administration of Physick: And therefore, since the College was first Founded for that very Purpose, and afterwards (almost in every Princes Reign) strengthned and armed with fresh Powers and Authority to the same Intent; since all [Page 6]the Members of the College have given their Faith, or solemnly sworn that they will do their utmost Endeavours to suppress all Illiterate and Illegal Practicioners; since not only by former Acts of Parliament, and Royal Charters, but also by that of His present Majesty, and by his Particular Letters Mandatory we are strictly commanded so to do: We should be eminently guilty, not only of the greatest Remissness, and most supine Negligence, but also of open Breach of our solemn Oaths and Faith, and manifest Disobedience to our Prince, if we should not exert the Authority committed to us, for the vindicating of the Practice of Physick out of the Hands of Ignorant Mechanicks, and other Illegal Invaders of that Liberal Faculty. And whereas, in all Trades and Corporations of this City, constituted for Private Benefit, not for Publick Use, and that by Charter only, not by the Statute-Laws of the Land, do without Blame or Envy inform against any Intruders, so as not to suffer any neighbouring Trade to break in upon them, but that by severe Mulcts and Fines constantly imposed upon Offenders, they vigorously maintain their respective Bounds and Limits; I cannot be thought hard and unreasonable in the College of Physicians alone (being constituted of men of generous and liberal Education, and instituted for Publick Benefit, confirmed not only by repeated Charters, but several Acts of Parliament, out of which no Person of sufficient Capacity and Learning can be excluded) to assert its Own Constitution and Privileges, by legally punishing such Persons as shall boldly invade the Liberties of that Society; especially, when so precious a thing as the Healths and Lives of the King's most eminent Subjects, residing in and about this City, are herein concerned. For the Discharge therefore of that Duty incumbent upon them, viz. to preserve the Healthful State of the King's Súbjects, &c.) the present College have taken all imaginable Care so to regulate the Practice of Physick, as that no Person may be neglected or [Page 7]aggrieved: The known Poor and Meaner Families are abundantly and prudently provided for, by a late Order for that Purpose. It is well known, that in Families of Middle Rank, the Physicians are moderate in their Expectations and Demands; and for those that are Rich and Noble, Liberality is inseparable from their Quality and Breeding. We are also fully resolved, for the Publick Good, to incourage and protect those two necessary Instruments of Physick, the Chirurgeons and the Apothecaries (the latter of which owe their Charter and Knowlege of Medicines to the Favour of the College) so long as they shall contain themselves withing the Limits of their own Professions; and, in short, to do all other things necessary for the vindicating and perpetuating of the Faculty of Physick, that so the Young Students in our Universities, may not be discouraged from applying themselves to the Study of a Science, so useful to the Common-wealth; nor that Profession be invaded by the Vulgar, which hath been the usual Support of the Younger Sons of the Gentry of this Kingdom.