General Medical Council : on the claim, asserted by the Royal College of Physicians, that the College of itself, apart from any other examining authority, can grant such letters-testimonial or licenses in medicine, surgery and midwifery, as shall be valid diplomas of qualification under Sections 2 and 3 of the Medical Act, 1886 : notes preparatory to legal consultation / by Sir John Simon.

  • Simon, Sir John, 1816-1904.
Date:
[1892]
Catalogue details

Licence: Public Domain Mark

Credit: General Medical Council : on the claim, asserted by the Royal College of Physicians, that the College of itself, apart from any other examining authority, can grant such letters-testimonial or licenses in medicine, surgery and midwifery, as shall be valid diplomas of qualification under Sections 2 and 3 of the Medical Act, 1886 : notes preparatory to legal consultation / by Sir John Simon. Source: Wellcome Collection.

Provider: This material has been provided by The Royal College of Surgeons of England. The original may be consulted at The Royal College of Surgeons of England.

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    8 ‘the previous more general Act A, which relates to both Pliy- ?sicians and Surgeons, will be found an indispensable context. 4. In the Henrican statutes above enumerated, three passages ’.in particular are of such immediate concern to the question now in ^ dispute that they must be weighed and analysed one by one in rrelation to it. The writer of the present notes has no preten- !«ions to speak as an expert in any matter of law, and of course vwould not advance any opinion of his own in any such matter ^except as subject to the correction of experts ; but, provisionally ■speaking, he assumes that English law (like English liturgy) is imeant to be “ understanded of the people ” ; and having on the rrecent occasion, at the Geneeal Medical Council, felt it his ciduty to take part in demurring to the claim advanced by the tCollege of Physicians, he will now state, as regards the three passages of statute-law to which he refers, the impressions on which he founded his demurrer. (i) The statute which opens the Henrican series is repeatedly referred to in the succeeding statutes, and therefore cannot lausibly be left out of account in interpreting them. The Act bears an explanatory notice that “ Surgeons be comprised in it like as Physicians, for like mischief of ignorant persons pre- mming to exercise surgery.” The preamble of the Act sets corth that, through Physic ^d Surgery being daily within the ealm exercised by a multitude of ignorant persons, of whom jven the least qualified will take upon themselves things of great lifficulty, grievous damage is caused to many of the king’s liege leople, most especially among such as cannot discern between ■killed and unskilled practitioners ; and thereupon, as against .he grievance set forth, the Act makes provision as follows :— . . . § (i) That no person within the city of London nor within even miles of the same take upon him to exercise and occupy •.8 a Physician or Surgeon except he be first examined, approved -d admitted by the Bishop of London or by the Dean of *aal’s for the time being, calling to him or them four Doctors If Physick, and for Surgery other expert persons in that Faculty, ?.nd for the first examination such as they shall think convenient, :.nd afterwards alway four of them that have been so approved, jpon the pain of forfeiture for every month that they do occupy A 2 The critical passages in the Henrican Acts. 3rd H. VIII,