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<DATE>2012-07-27</DATE>
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<NAME>John Pas</NAME>
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<VID>184331</VID>
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<HEAD>An An&s;wer to the Objections Made to the SURGEONS BILL.</HEAD>
<P>THat the Surgeons of <HI>London</HI> in the Reign of <HI>Hen.</HI> VII. Examined &s;uch as were admitted to Practi&s;e Surgery, and cho&s;e Mr. <HI>John Smith,</HI> Dr. in Phy&s;ick, an Examiner with them, who was pre&s;ent at &s;uch Ex|aminations, appears by an Old Manu&s;cript formerly belonging to Sir <HI>Robert Cotton,</HI> and now ready to be produced. It appears al&s;o by the &s;ame Manu&s;cript, that the Per&s;ons Examined and Approved, were admitted to practi&s;e in the directive as well as the operative part.</P>
<P>That the examined and approved Surgeons of <HI>London</HI> examined the other Sur|geons, is further manife&s;t by the Statute of <HI>H.</HI> VIII. <HI>An.</HI> 3. <HI>C.</HI> 11. By the <HI>32d</HI> of <HI>H.</HI> VIII. <HI>C.</HI> 42. at their Incorporation with the Barbers, all former Priviledges were con|firmed to them: But the Surgeons not permitted to &s;have, becau&s;e they took into their Hou&s;es &s;uch as had the <HI>French Pox</HI> and <HI>Plague,</HI> which are not Cured by Plai&s;ters only.</P>
<P>By the <HI>34th</HI> and <HI>35th</HI> of <HI>H. VIIIth Cap.</HI> 8. all Per&s;ons having Skill in Herbs, Oyntments, <HI>&amp;c.</HI> are impowred, not only to Cure outward Sores, but al&s;o to give Drinks in Ca&s;es of Stone, Strangury <HI>&amp;c,</HI> And this Act was made becau&s;e the Sur|geons had hindred many Per&s;ons from doing it, as appears by the Recital: From which it is &s;trongly to be imply'd, That the Surgeons had a Right to give &s;uch Drinks: Otherwi&s;e there had been no colour for their Pretence to re&s;train others from it.</P>
<P>'Till the fir&s;t year of King <HI>J.</HI> the <HI>1&s;t.</HI> the Surgeons u&s;ed Surgery in all its parts, without any interruption from the College. And the &s;aid K. <HI>James</HI> the <HI>1&s;t.</HI> in the <HI>2d</HI> year of his Reign, confirm'd all former Priviledges unto them; and further, by Charter impowred them to give Internal as well as External Medicines, and to Ex|amine all that u&s;e Surgery: And the U&s;age has been in all times agreeable to it, and lookt upon as an E&s;&s;ential part of the Practice of Surgery.</P>
<P>Whereas the College do confidently affirm, that the Surgeons attempts to procure a Patent from King <HI>Charles</HI> the <HI>1&s;t.</HI> for giving Internal Medicines in Ca&s;es of Surgery was in vain, and that the Lord <HI>Coventry</HI> refu&s;ed to Sign the &s;ame, is not &s;o: For it is apparent that the Surgeons have that Patent, in which he not only confirms the aforementioned Priviledges but grants to them many others; among&s;t which, that all Per&s;ons u&s;ing Surgery within the City of <HI>London</HI> and 7 Miles thereof, &s;hould be Examined by four or more of the ten Examiners of the &s;ame Company, in the pre|&s;ence of two or more of the Governours, which method continues to this day.</P>
<P>By vertue of the <HI>32th H.</HI> VIII. the Phy&s;icians of <HI>London</HI> were impowered to u&s;e Surgery, but not to Examine Surgeons.</P>
<P>That the Surgeons them&s;elves do con&s;tantly chu&s;e who of the College to read their Anatomical Lectures is true, (but they are not Elected by the College, as they wold infer,) and four of their own Members to di&s;&s;ect the Body for their own improvement in that Art; which if the College had been as careful to do, they would not have di&s;continued the Lectures which Dr. <HI>Harvey</HI> left a con&s;iderable Sum of Money to maintain.</P>
<P>Whereas the Phy&s;icians affirm they were a Corporation Eighteen years at lea&s;t before the Surgeons, the contrary is manife&s;t: For the Surgeons were a Company in <HI>Henry</HI> the <HI>VIIth</HI>'s time, as appears by the Arms given them by the &s;aid King, and by the Preamble of the <HI>5th</HI> of <HI>Hen.</HI> VIII. <HI>Cap.</HI> 6. and 32 <HI>Hen.</HI> VIII. <HI>Cap.</HI> 42.</P>
<P>Whereas the Phy&s;icians do alledge, that the Surgeons met with great di&s;ap|pointments in the Court of King <HI>James</HI> the <HI>1&s;t.</HI> the contrary is manife&s;t, by his Gracious Charter above mentioned.</P>
<P>True it is, That &s;uch an Order as is mentioned by the College, dated the <HI>13th</HI> of <HI>June,</HI> 1632. was obtained, and concealed for about three years, but upon Petition of the Surgeons, and a Hearing before the Court of Star-Chamber, it was di&s;annulled.</P>
<P>True it is, That there was a Hearing before the late Lord Chancellour in the <GAP DESC="illegible" RESP="MURP" EXTENT="1 span"></P>
<PB N="2" REF="2" MS="y">
<P>When the College lately offer'd their Bill to the Hou&s;e of Lords, the Surgeons Petition again&s;t it did not find &s;o little favour as they affirm, for thereupon, their Arbitrary Clau&s;e was &s;truck out of the Bill; of which Bill a Copy is ready to be produced.</P>
<P>The Phy&s;icians pretend to object to the Bill; That under colour of Ca&s;es of Sur|gery, it is intended to bring in all Ca&s;es.</P>
<P>That is but a meer Cavil, for every body knows what is meant by Ca&s;es of Sur|gery: And if it be thought that there is any Weight in that Objection, the Sur|geons are content it &s;hould be more plainly expre&s;&s;ed, if it can be.</P>
<P>Another Objection is, Thay the Surgeons intend to let them&s;elves into the Gene|ral Practice of Phy&s;ick, by de&s;iring that in all Ca&s;es it may be lawful for the Phy|&s;icians to con&s;ult with them.</P>
<P>The An&s;wer to this is plain&mdash;They only de&s;ire that the College may not re&s;train Phy&s;icians from Con&s;ulting in proper Ca&s;es with Surgeons: Which the College of late has pretended to do by By-Laws which they have made. The Bill does wholly referr it to the Judgment of the Phy&s;ician, whether he will con|&s;ult with them, or, in what Ca&s;es he plea&s;es to do &s;o.</P>
<P>In An&s;wer to that part of the Bill, again&s;t which the Phy&s;icians Object, that the Surgeons ought not to examin Surgeons: Nothing more is de&s;ired in that part of it, than what is already practi&s;ed, except only, that whereas now the Bi&s;hop of <HI>London,</HI> and Dean of St. <HI>Pauls,</HI> do Licen&s;e upon a Certificate of any four Surgeons (in which they may ea&s;ily be impo&s;ed upon) the Certifi|cate by the Bill is to be from the Examiners of the Company: Whereby Abu&s;es will be prevented.</P>
<P>The Phy&s;icians &s;et down three Rea&s;ons, as in&s;i&s;ted upon by the Surgeons, for the Bill, which they pretend to except to but without cau&s;e: For as to the</P>
<P><HI>Fir&s;t,</HI> That they have the like power already, of giving Internal Medicines in Ca&s;es of Surgery; it is mo&s;t true, that &s;uch power is granted them expre&s;ly in the Charter of K. <HI>James 1&s;t.</HI> and confirmed to them by other Charters.</P>
<P>The Surgeons &s;econd Rea&s;on mention'd is, That the&s;e powers are nece&s;&s;ary to fit them for the King's Service, which is mo&s;t apparently true, for otherwi&s;e they cannot be capable of &s;erving in the Royal Fleets, or in Merchant Ships, or in the King's Armies, and the Surgeons are allowed this liberty in all other Countries in <HI>Europe,</HI> and here, except within &s;even Miles of <HI>London.</HI></P>
<P>The Truth of the third Rea&s;on for the Surgeons, That, till of late, Phy&s;icians have con&s;ulted with them: Is known to mo&s;t Gentlemen, and cannot be denyed by the Phy&s;icians them&s;elves.</P>
<P>As to what the Phy&s;icians pretend to find in their Annals, That &s;ome few Phy|&s;icians have &s;ometimes gone in the Fleets, it is true; but they did not go as Phy|&s;icians to the Fleet, or to take care of the Sea-Men, but to attend the per&s;on of &s;ome particular great Officer; and it is as true, that there is but one Phy&s;ician in the E&s;tabli&s;hment of the whole Army, whereas there is a Surgeon and a Mate to every Regiment.</P>
<P>As to the in&s;inuation, That the giving this liberty to the Surgeons, will be a pre|judice to the Univer&s;ities; it is but a meer pretence: For it is de&s;ired only in Ca&s;es of Surgery, which will not affect them. But the Phy&s;icians admitting more than forty Foreign Doctors, and giving them place before the Doctors of either of our Univer&s;ities, and the general Licen&s;es to practice Phy&s;ick, which the College does frequently give to per&s;ons who never were of any Univer&s;ity, if they will pay Fees, Gratuities, and Quarterage-Money, as the College thinks fit to demand, is a great detriment to the Univer&s;ities, and a di&s;couragement to the &s;tudy of Phy&s;ick there.</P>
<P>Whereas the Phy&s;icians alledge, they are &s;o far from di&s;couraging the Surgeons, that they never denyed any who applyed to them for a Licen&s;e to practice, Pro|vided they gave any Te&s;timony of their fitne&s;s; the contrary is &s;o manife&s;t, that they refu&s;ed to Licen&s;e Mr. <HI>Coat&s;worth,</HI> the la&s;t per&s;on of the Surgeons Company who had a Licen&s;e from them, till he had procured him&s;elf to be di&s;charged of the Company.</P>
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