A sketch of the medical monopolies, with a plan of reform : addressed to the Right Hon. Lord John Russell, His Majesty's Secretary of State for the Home Department / by James Kennedy.

  • Kennedy, James, M.R.C.S.
Date:
1836
Catalogue details

Licence: Public Domain Mark

Credit: A sketch of the medical monopolies, with a plan of reform : addressed to the Right Hon. Lord John Russell, His Majesty's Secretary of State for the Home Department / by James Kennedy. Source: Wellcome Collection.

Provider: This material has been provided by The University of Glasgow Library. The original may be consulted at The University of Glasgow Library.

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    Dr. Macmichael— I recollect that he said he thought it unreasonable, and perhaps illegal. The Committee.— This is an extract from the case of the King i;. Askew : Lord Mansfield says, ' The licenses probably took their rise from that illegal bye-law, now at an end, which restrained the number of Fellows to twenty. This was arbi- trary and unjustifiable. They were obliged to admit all such as came within the terms of their charter; yet it is probable that the practice of licensing was in consequence of their having made it.' Dr. Macmichael.— I think the inference drawn is not borne out by the charter. I think it was very unwise for the College to limit the number, and a very unreasonable bye-law. The College ought not to fetter themselves by any such bye- but that the practice of licensing began from that, I think, is not borne out by the history of the College. The Committee.— The question was whether you were aware that Lord Mansfield had declared the practice of limiting the number of Fellows to be illegal ? Dr. Macmichael.— I think it unreasonable, and probably illegal in all respects. The Committee.— The judgment of Lord Mansfield upon the cases that occurred about the year 1767 and afterwards have been referred to. Are you aware that, in the case of Dr. Letch, his lordship concluded his judgment with a recommen- dation to the College to settle all other matters amongst them- selves without coming into court; at the same time intimating to them a caution against narrowing their grounds of admis- sion so much that, even if a Boerhaave should be resident here, he could not be admitted into the fellowship? Dr. Macmichael.— Yes; and I think that very good advice which he gave. While the College thus inexorably closed its doors against all physicians beyond the number suited to its own purposes, its professional and penal powers had been extending. By the 32nd of Henry VIIL (1540) physicians in London were exempted from certain services, and authorized to practise surgery.