Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
This effect however was not produced by the College, without some severe
struggles on the part of those who were, or supposed themselves to be,
aggrieved by the extraordinary powers granted to the Corporation by the
Charter of _Henry_ the 8th; it does not appear whether any of these
disputes arose between the granting of the Letters Patent and their
confirmation by the statute 14 and 15 _Hen._ 8. _c._ 5. at least no
cases remain recorded by any sufficient authorities; it is therefore
probable that the College did not attempt any exercise of their new
powers until they had received the sanction of Parliament; even the
king, (and no one will suspect _Henry_ the 8th of any diffidence of
royal prerogative) by using the terms “_quantum in nobis est_,” (see
Charter) seems to have been conscious that the powers of fine and
imprisonment which he professed to grant, _suo jure_, could only become
effective by the ratification of a superior authority.
The restriction of practice to persons examined and licenced by some
supposed competent authority was not new. Sir _Wm. Brown_ in his
Vindication of the College from the imputation and misrepresentation of
their adversary in the case of Dr. _Schomberg_, mentions an Act of
Parliament or Ordinance of the 9th _Hen._ 5. (_see Appendix_, _p._ 1.)
by which the licencing of physicians is confined to the Universities,
and of surgeons to persons duly qualified: and the 3d _Hen._ 8. c. 11.
(_see Appendix_, _p._ 3.) somewhat strangely confers on the Bishop of
London, and in his absence on the Dean of St. Paul’s, the exclusive
power or privilege of licencing physicians and surgeons in the City of
London, and within seven miles in compass. It can scarcely be doubted
that the provisions of this act as relating to physicians, were repealed
by the Act 14 and 15 _Hen._ 8. _c._ 5. confirming the incorporation of
the College, for where a power to do a specific thing is given to two
distinct persons or bodies by separate Acts, it is a general rule that
the last repeals the former, _Quia Leges posteriores Leges priores
contrarias abrogant_; yet it is said that a Bishop of London has within
a few years professed to grant a licence to practise physic in London
and within seven miles thereof. Now, independent of the objection before
mentioned, it is evident, even on the construction of the 3. _Hen._ 8.
_c._ 11. from which alone the power is derivable, that such licence, if
any such were granted, is bad; for the words of the statute are,
“calling to him or them (the Bishop and Dean) four Doctors of Physick,
and for Surgery other expert Persons in that Faculty, and for the first
Examination such as they shall think convenient, and _afterward alway
four of them that have been so approved_:” Now if the Bishop cannot find
four assessors _so approved_, his authority must cease, for he cannot
exercise it without them.
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