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
Whatever may have been the origin of the bishop’s license, his
jurisdiction does not appear to have been sanctioned by the law. “If
there be a suit in the Spiritual Court against a woman for exercising
the trade of a midwife without license of the Ordinary, against the
Canons, a prohibition lieth: for this is not any spiritual function, of
which they have cognisance. _Buskin_ and _Cripes_, Tr. 9, Ch. BR and a
prohibition was granted accordingly.” (2 _Roll Abr._ 286. 2 _Burn, Ecc.
Law, Tit. Midwife_.)
In the reign of Charles the first, a Doctor of Physic attempted a
project to procure the sole and absolute power, either to license or
approve of all the midwives practising in and about _London_, before
their admittance; they presented a petition to the President and College
of Physicians, (for which see Goodall’s Pro. 463,) in which it appears
that a petition on the same subject having been presented to the King,
his Majesty referred the same to the Lord Archbishop of Canterbury and
Bishop of London, in whose jurisdictions and by whose authority, it is
stated, that they had always been licensed; the object of the petition
to the College, was to obtain their certificate of the competent skill
of the petitioners, for which purpose they alleged that other practisers
in midwifery had been examined upon the like occasion, by command from
King James; the physicians by their answer, (_for which see Appendix_)
discouraged the scheme of the would-be licencer, and the matter
thereupon appears to have been dropped.
We have before noticed, that there is some probability that both the
College of Physicians and the College of Surgeons will decline all
future interference with this branch; if so, it will be necessary that
some new authority should be instituted for the purpose of examining and
licensing candidates for practice; the duty to be performed is by far
too dangerous and delicate to be left to the hands of any who would
assume it; yet such is at present the case, and not without fatal
examples of the errors and imperfections of our lego-medical system.
We do not of course include in this censure, the private Institutions
for the instruction of midwives, in which the want of a public provision
is endeavoured to be compensated; but the operation of such societies
must be of necessity very limited and utterly inadequate, not only to
the demands of the empire, but to the magnitude of the metropolis.
OF THE PRESERVATION OF PUBLIC HEALTH.
Public-domain text, read in full here on John Shaqi.
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