[Surgeons.]

examined at London, by the prefident and three of the elects of the faid fociety; and to have from them letters teftimonial 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 (x)

But as to furgeons, the law remaineth as before; that they fhall be licensed by the bishop of the diocese, or his vicar general respectively.

[By 32 H. 8. c. 42. The barbers and furgeons of London were united and incorporated, and exempted from bearing arms, or ferving on inquefts or offices. But they were not to use each other's trade. By 18 G. 2. c. 15. the union was diffolved; and the furgeons of London were made a separate corporation, with power to enjoy the fame privileges as by former acts or grants. See 4 Burr. 2133. By 25 G. 2. c. 37. The bodies of murderers convicted and executed in London or Middlefex fhall be delivered to Surgeons' Hall; and in other counties to fuch furgeons as the judge fhall direct.]

In the cafe of the college of phyficians against Levett, E. W. The plaintiffs brought an action of debt against the defendant for 251. for having practised phyfic within London five months without licence. Upon nil debet pleaded, it was tried before Holt chief justice at Guildhall; and the defence was, that he was a graduate doctor of Oxford. But it was ruled by Holt, upon confideration of all the ftatutes concerning this matter, that he could not practife within London or feven miles round, without licence of the college of phyficians. And by his direction a verdict was given for the plaintiffs. L. Raym. 472. (y)

(x) Vid. 12 Mod. 602.

(y) See alfo Dr. Bonham's cafe, 8 Rep. 107. where feven rules are laid down for the better direction of the prefident and commonalty of the college for the future; and note, that under the charters granted to the college, and confirmed by acts of parliament, they may fine and imprifon any perfon for bad practice as a phyfician within the limits of their jurifdiction. Groenvelt v, Burswell, Ld. Raym. 454. Com. 76. 12 Mod. 386. For further information as to the rules of the college, fee Rex v. Dr. Askew et al. 4 Burr. 2186; and note, that a phyfician cannot maintain an action for his fees, they being honorary. Chorley v. Bolcot, 4 T. Rep. 317.

And

And the like was adjudged on a special verdi, M. 4 Geo. 1717; in the case of Dr. Weft, who was a graduate of Oxford. id. 10 Mod. 353.

[3 (B) By the 32 H. 8. 6. 40. All members of the May fearch for college of physicians in London are discharged of keeping faulty drugs. watch or ward, or being chofen conftable, &c. and are enabled to practife furgery. And it shall be lawful for the prefident and fellows of the faid college yearly to chuse four of their number, who fhall have power, after being fworn, to enter the house of any apothecary in the faid city, to fearch and view his wares and drugs; and such as they fhall find defective and corrupted, having called to their affiftance the wardens of the mystery of apothecaries, or one of them, shall cause to be burnt, or otherwife de ftroyed. Apothecaries denying entrance, to forfeit 51. And by 1 Mar. f. 2. c. 9. if the wardens of the apothecaries' company hall neglect to go with the prefident, or the faid four phyficians fo elected, they may fearch and punish apothecaries for faulty drugs without their affiftance; and all perfons refifting to forfeit 101.]

4. By the 34 & 35 H. 8. c. 8. Where by the ftatute of 3 H. 8. c. 11. for the avoiding of forceries, witchcrafts and other inconveniencies, it was enacted, that no perfon within the city of London nor seven miles thereof should take upon him to exercife as phyfician or furgeon, except he be first examined approved and admitted by the bishop of London and other, under the penalties in the fame act mentioned; fince the making of which act, the company and fellowship of furgeons in London, minding only their own lucres, and nothing the profit or cafe of the diseased or patient, have fued and troubled divers honeft perfons, as well men as women, whom God hath endued with the knowledge of the nature kind and operation of certain herbs roots and waters, and the ufing and miniftring of them to fuch as be pained with customable difeafes, as women's breasts being fore, a pin and the web in the eye, uncomes of hands, burning, fcaldings, fore mouths, the ftone, ftrangury, faucelim, and morphew, and fuch other like difeales; and yet the faid perfons have not taken any thing for their pains or cunning, but have miniftered the fame to poor people only for neighbourhood and God's fake, and of pity and charity; and it is now well known, that the furgeons admitted will do no cure to any perfon, but where they fhall know to be rewarded with a greater fum or reward

than

than the cure extendeth unto; for in cafe they would minister their cunning unto fore people unrewarded, there fhould not fo many rot and perifh to death for lack or help of furgery, as daily do; but the greater part of furgeons admitted, be much more to be blamed, than those perfons that they trouble; for altho' the most part of the perfons of the faid craft of furgeons have fmall cunning, yet they will take great fums of money, and do little therefore, and by reafon thereof they do oftentimes impair and hurt their patients, rather than do them good: In confideration whereof, and for the ease comfort and health of the king's poor fubjects, it is enacted, that it fhall be lawful to every perfon being the king's fubject, having knowledge and experience of the nature of herbs roots and waters, or of the operation of the fame, by fpeculation or practice, to use and minifter in and to any outward fore, uncome, wound, apoftemations, outward fwelling or difeafe, any herb or herbs, ointments, baths, pultefs, and emplaifters, according to their cunning experience and knowledge, in any of the difeafes fores and maladies aforefaid, and all other like the fame, or drinks for the ftone and ftrangury, or agues; without fuit, trouble, penalty, or lofs of their goods: the forefaid ftatute, or any other act, ordinance, or statute not, withstanding. [In Laughton v. Gardner, Cro. Jac. 121. 159. this act is confidered as repealed quoad the college of physicians by 1 Mar. Seff. 2. c. 9. which confirms the 14 & 15 H. 8. c. 5. and thereby abrogates all fubfequent acts contrary to it; and though this was afterwards doubted in Butler v. the College of Phyficians, Cro. Car. 256. it seems to receive fome confirmation from the 10 G. 1. c. 20, fince expired; which, tho' it recites former acts on the subject, does not mention the 34 & 35 H. 8.]

Pie.

THE pie was a table to find out the fervice belonging to each day. Gibf. 263,

Pious ufes. See Charitable uses.

Plays in the church or churchyard. See Church.

Plays in the univerfities. See Colleges.

Plough-alms.

THE plough alms was a kind of oblation, being moft commonly a penny for every plough, to be paid between eafter and whitfuntide. 2 Still. 177.

93

I.

plurality.

canon.

1. BY Y a canon made in the council of Lateran, holden Retraints of under pope Innocent the third, in the year of our plurality by Lord 1215, it is ordained, that whosoever shall take any benefice with cure of fouls, if he shall before have obtained a like benefice, fhall ipfo jure be deprived thereof; and if he Jhall contend to retain the famt, he shall be deprived of the other: and the patron of the former, immediately after his accepting of the latter, fhall beflow the fame upon whom he shall think wortby. Hughes, c. 16. Gibf. 903.

Othob. Before inftitution, it fhall be inquired, whether the prefentee hath any other benefice with cure of fouls; and if he bath fuch benefice, it shall be inquired, whether he hath a difpenfation: And if he hath not a fufficient difpenfation, he shall by no means be admitted, unless he do first make oath, that immediately upon his taking poffeffion of the benefice unto which he is inftituted, he will refign the reft. Whereupon he who granteth inflitution fhall immediately give notice to the bishops in whofe diocefes fuch former benefices fhall be, and alfo to the patrons that they may difpofe of the fame. Athon. 129.

Othob. When confirmation is to be made of the election of a bishop, amongst other articles of inquiry and examination according to the direction of the canons, it shall be diligently inquired, whether be who is elected had before his election feveral benefices with cure of fouls; and if he be found to have had fuch, it fball be inquired whether he hath had a difpenfation; and whether the difpenfation (if he shall exhibit any) is a true difpenfation, and extendeth to all the benefices which he poffeffed. Athon. 133.

According to which conftitution we find, in the times ⚫ of the archbishops Peccham and Winchelfea, that confir mation was denied to three bishops, by reafon of pluralities without proper difpenfation. Gibf. 905.

Peccham.

Reftraints of plurality by Batute,

Peccham. He who shall have more benefices than one with cure of fouls, without difpenfation, shall hold only the laft; and if he fball ftrive to hold the reft, he shall forfeit all. And it is further decreed, that he who shall take more benefices than one, having cure of fouls, or being otherwife incompatible, without difpenfation apoftolical, either by inftitution or by title of commendam, or one by inflitution, and another by commendam, except they be held in fuch manner as is permitted by the conflitution of Gregory published in the council of Lions; fhall be deprived of them all, and be ipfo facto excommunicated, and fhall not be absolved but by us or our fuccessors or the apofolick fee. Lind. 137.

Having cure of fouls] Whether it be a cathedral or parochial church, or a chapel having cure of the parishioners, either de jure or de facto; fo that there be a parish, wherein he can exercife parochial rites: alfo, whether it be a dignity, or office, or church; as there are many archiprefbyters, archdeacons, and deans, who have no church of their own, yet they have jurisdiction over many churches. Lind. 135.

Or being otherwife incompatible] Namely, dignities, parfonages, and other ecclefiaftical benefices, which require perfonal refidence either by statute, privilege, or custom. Lind. 137.

In fuch manner as is permitted by the conftitution of Gregory] Namely, that he to whom the benefice is granted in commendam be of lawful age, and a prieft; and that it be one only, and of evident neceffity, or advantage to the church, and to continue no longer than for fix months. Lind. 137.

And fhall not be abfolved but by us or our fucceffors, or the apoftolick fee] And by another conftitution of the fame archbishop, if any fhall otherwife abfolve them, they fhall be accurfed. Lind. 339.

But after all, these canons and conftitutions were not intended to hinder or take away pluralities; but to render difpenfations neceffary: for a clerk was allowed to hold as many dignities or benefices as he could get, with the pope's difpenfation; which was eafily obtained from his legate or nuncio refiding here, on paying the fums required. Johnf. 91.

2. By the 21 H. 8. c. 13. If any person having one be nefice with cure of fouls, being of the yearly value of 81. or. above, accept and take any other with cure of fouls, and be instituted and inducted in possession of the fame; then and imme

9

diately