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
“Thus by the especial grace and favour of the Kings and Queens of
_England_, the College of Physicians have been freed from bearing and
providing arms: and though some particular member may of late have been
summoned upon that account by the Lieutenancy, yet upon producing his
Majesty’s patent and asserting his Sovereign’s natural right in
dispensing with a Corporation of men from bearing and providing arms,
which was an inherent prerogative in the Crown; and therefore an Act of
Parliament was made in 13 _Car._ 2. 6. positively declaring, That the
sole and supreme power, government, command and disposition of all the
Militia, and of all forces by sea and land, &c. is, and by the laws of
_England_ ever was, the undoubted right of his Majesty and his royal
predecessors, they were freed from any further trouble. An instance of
which we lately had in the case of Dr. _Newell_, then candidate of the
College of Physicians; who, anno 1680, was summoned to appear before the
Lieutenancy of _London_ for not bearing and providing arms. Upon which
summons, attending with the Patent 15 _Car. Secundi Regis nunc_.” The
Lieutenancy on debate desired a copy of the exempting part of the
patent, that they might consult with their counsel. On the next
committee-day they told him they were satisfied that the words of the
Patent were sufficient to exempt the members of the College from bearing
and providing arms, and desired that a list of them might be given in
under the College Seal, which was accordingly done.
Sir _Francis Pemberton_, Sir _Edmund Saunders_, and Mr. _Holt_, lawyers
of whose celebrity it is unnecessary to speak, being consulted on the
same point, answered.
Sir _F. P._ I conceive his Majesty may, by his Patent, excuse the
College from finding arms if he think fit.
Sir _E. S._ The Patent doth discharge the Physicians from bearing or
providing of arms, notwithstanding the Militia Act.
Mr. _H._ I conceive by the Patent all the members of the College are
exempted from being at any charge towards the Militia.
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