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
The power of the Archbishop of Canterbury[71] to confer degrees of all
kinds (a relic of Papal usurpation transferred to him by statute 25
_Hen._ 8. _c._ 21) has induced a belief that the Archbishop has a power
of granting licences to practise physic, and several have been granted
accordingly; among others _Wm. Lilly_, the astrologer, was licenced to
practise physic, except in London and within seven miles; for his
diploma, the wording of which is curious, _see the Appendix_. Now though
the Pope may have had the power of granting degrees and licences in
physic, the concluding words of the 14th and 15th _Hen._ 8. confirmed by
1st _Mary_, are sufficient to exclude the authority either of the Pope
or of the Archbishop, “that no person from henceforth be suffered to
exercise or practise in Physic through all England until such time as he
be examined at London by the said President and three of the said
Elects, and to have from the said President or Elects Letters
Testimonials of their approving and examination, except he be a Graduate
of Oxford or Cambridge, which hath accomplished all things for his Form
without any Grace.” Then as it cannot be pretended that the Archbishop’s
licentiate, though he may be a graduate of Oxford or Cambridge, is one
who has accomplished all things for his form (_subaudi_ in physic)
without any grace, it follows that such degree or licence is void as
respects the authority of the College of Physicians.
The provisions of the Act of the 3d _Hen._ 8. could produce no permanent
benefit, and we therefore find within seven years, that the continuance
of the abuses which it was intended to remedy, was made the foundation
of granting its powers to a Corporation better calculated to exercise
them; what these powers are we must now investigate somewhat minutely,
for it is an essential branch of Medical Jurisprudence to regulate and
define the privileges and office of those who are best able to give
effect to its institutions.
Public-domain text, read in full here on John Shaqi.
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