Volume 1
Report from the Select Committee on Medical Education : with the minutes of evidence, and appendix.
- Great Britain. Parliament. House of Commons. Select Committee on Medical Education.
- Date:
- 1834
Licence: Public Domain Mark
Credit: Report from the Select Committee on Medical Education : with the minutes of evidence, and appendix. Source: Wellcome Collection.
Provider: This material has been provided by Royal College of Physicians, London. The original may be consulted at Royal College of Physicians, London.
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![JFm. Macmichael, be admitted into the fellowship?—Yes, and I think that very good advice which Esq. M.D., ]^0 gave. 541. Are you aware that in the next case, the King Askew, that came 19 Maich 1834. Lore! Mansfield in the same year, his Lordship, towards the close of his judgment, gave this advice ? “ I think that every person of proper education, requi- site learning and skill, and possessed of all other due qualifications, is entitled to have a licence ; and I think that he ought, if he desires it, to be admitted into the College ; but I cannot lay it down, that every man who has a licence from the Col- lege by letters testimonial to practise physic in London, and within seven miles of it, does thereby actually become a member of the College, and obtain a right to vote in corporate elections.” Then, after some other intermediate matter, he goes on; ‘‘ As now constituted, the College is at present to be considered as the body corporate. I have a great respect for this learned body ; and if they should think proper to hearken to my advice, I would wish them to consider whether this may not be a proper opportunity for them to review their statutes ; and I would recom- mend them to take the best advice in doing it, and to attend to the design and intention of the Crown and Parliament in their institution. I see a source of great dispute and litigation in them as they now stand. There has not, as it should seem, been due consideration had of the charter, or legal advice taken, in forming them. The statute 14 & 15 Hen. 8, c. 5, after reciting the charter, mentions it to be expedient and necessary to provide, that no person of the politic body and commonalty aforesaid be suffered to exercise and practise physic, but only those persons that be profound, sad and discreet, groundedly learned and deeply studied in physic. I do not say that no man can be a licentiate who is not perfectly and completely qualified to be a fellow of the College. Many persons of no great skill or eminence have been licensed ; and there seem to be fewer checks, guards and restrictions upon granting licences than upon the choice of fellows. Yet it has been said, that there are many amongst the licentiates who would do honour to the College, or any society of which they should be members, by their skill and learn- ing, as well as other valuable and amiable qualities; and that the College them- selves, as well as anybody else, are sensible that this is, in fact, true and undeniable. If this be so, how can any bye-laws which exclude the possibility of admitting such persons into the college stand, with the trust reposed in them, ot admitting all that are fit ? If their bye-laws interfere with their exercising their own judgment, or prevent them from receiving into their body persons known or thought by them fit and qualified, such bye-laws require regulation. Such ot them indeed as only require a proper education and a sufficient degree of skill and qualification may be still retained. There can be no objection to cautions ot this sort; and the rather, if it be true that ‘ there are some amongst the licentiates unfit to be received into any society.’ It is a breach of trust in the College to license persons altogether unfit. I do not speak more particularly, but 1 recommend it to those who are likely to be established the masters of the College, to take good advice upon the points I have been hinting to them.” Are you aware of that having been Lord Mansfield’s advice ?—I am aware of it. 542. In the King against the College of Physicians, the case of Dr. Archer, Lord Mansfield, in delivering his judgment, said, “ I have foreseen the labyrinth and maze of litigation that this learned body would be involved in by persisting rigidly on both sides in pursuing the points of their dispute, and contesting about a feather. I have read over all their constitutions, statutes and bye-laws; and many of them appear to be narrowg if not illegal.”—-The College has taken his Lordship’s advice, and revised the statutes ; none of those illegal statutes exist now. 543. You allude, probably, to the alterations that were made in the statutes between the period of his Lordship’s latter judgment, delivered in 1770, and the period of 1784, particularly to two statutes, one of which allows the president to recommend for election a tellow of 10 years standing, and the other, which enables any fellow to propose for election a licentiate of seven years standing and 36 years of age ?—Those are the principal ones ; but there is another also, 1 recollect, that has been abolished, respecting the number of years that a candidate should have been resident at the University. It was said he ought to be two consecutive years at the same University w here he graduated : that w as found very inconvenient, and perhaps unreasonable : that has been abolished; they alter their statutes according to existing circumstances. 544. The principal are the two, one enabling the president to propose for admission without examination a licentiate of 10 years standing, and the other enablin<r](https://iiif.wellcomecollection.org/image/b28406680_0001_0050.jp2/full/800%2C/0/default.jpg)
