- Email: [email protected]
REMARKS ON THE LATE TRIAL BETWEEN
392
society, Henry
confided their execution
the doctors of medicine reaident within the city of London. In order to carry his intentions into eftect, Le esta-
generally
REMARKS ON THE LATE TRIAL BETWEEN
to
blislied the College of Physicians, " after and Dr. Har-the example of well regulated cities in rison. Italy, and many other countries." But the Colleges of Physicians abroad, it is noto. rious, were all composed of doctors in me. To the Editor of THE LANCET. dicine, and no others ; consequently, tLe SIR,—The protracted contest, raised by College of London, instituted after their ex. the Fellows of the College of Physicians, ample, must have been similarly constituted. having at lpngth terminated in their com- The original members of the London Col. plete defeat, after two hearings in court, lege, I therefore conclude, both from the and at an expense to them for my taxed language of the charter and the reason of the costs alone of 781. 12s., I am desirous, thing, consisted solely of doctors ill plysic through the medium of your valuable Jour- of various universities ; these were the Dal, to communicate some particulars con- " homines facuttatis " of the charter, au exnected with that celebrated struggle. pression which has been so much misunder. 1st. I may premise, that the late trial re- stood and misrepresented. These were the cords the first failure, since the enactment members, and the only members, of the of their present by-laws. It has established London College. the important fact, that they are not only Henry entrusted the execution of the illegal, but what is scarcely to be credited, charter, in the first instance, to six grathat their validity can only be successfully duates of Italian universities. Not one of opposed by the Fellows themselves, i. e., by them had either-studied, or been entered, the very men who framed them to secure an ’, of either Oxford or Cambridge ; from which exclusive benefit, and now defend them for it is evident that these universities were selfish and unworthy purposes. From per- never intended &y the royal founder to en sons of this description, no correction of joy superior privileges. abuses will voluntarily proceed. They have nal constitution of the College, and so it taken a false position, and, favoured by legal remained, in fact, equally open to all physi. quibbles and fictions, can maintain it, in cians, until a faction narrowed the incorpo. defiance of every opposition, before the or- ration to Dromote their own views. This occurrence, which diverted the dinary tribunals. What is done for the improvement or College from its original purpose, took . credit of the repudiated physicians, must be place, as already observed, about the middle - achieved by themselves. This is really the of last century. From that period to the fact, and I shall not attempt either to dis- present time, the College has been involved - guise it, or to mislead the public. The Col- in unceasing litigation, or turmoil, and its lege was originally seized, and is still ille- agitations will continue undiminished, so gally held, by a dominant faction, to the long as the rejected members are deprived t exclusion of all others. Such has been the of their constitutional rights. How long - relative state of parties, from about the year relief may be deferred, I know not. Come 17.52 to the present moment, and they will, it certainly will, sooner or later, and this I am persuaded, remain as they now are, act of tardy justice would be accelerated, if until the injured persons can be induced to the injured could be induced to forego their unite their energies, and collectively pro- petty jealousies, and exert their combined secute their claims before Parliament; then energies to obtaia substantial redress. Such they will be triumphant. As the sacred course would be manly and honourable; cause affects more or less every physician but so long as the influential licentiates will in the British dominions, nothing more condescend to cringe and flatter the most seems to be required, than a good beginning insignificant fellows, to gain a seat in the and a respectable association. conclave, they are unworthy of the freedom 2dly. Whoever will give himself the trou- to which thev aspire. ble to look carefully into the charter of 3dly. It has been objected to the defence, Henry VIII. will fiud, that it provides, that it was sufficiently at variance with the 1st, for the extinction of quacks; 2d, for st.vle and manner of the letters, to disap’ the searching of drug shops ; Sd, the licensthe just expectations of the profeiThat the pleadings were not in stiiet ing of surgeons, apothecaries, and men-midwives, or of all persons who, from not accordance with the correspondence, I ad. but, in making this coneession, I may having been examined, and admitted to practise by some university, require to have be allowed to add, that circumstances, over their fitness approved in another way. These which I could exercise no control, and for I am, therefore, not answerable, being trusts of great moment and interest to
The
College of Physicians
Such was the origi.
disgraceful
i
I a
point sion.
mit ;
which
!
393 to be both assumed and illegal. No doctor will, in future, become a licentiate jour- of that body, but in compliance with the straight path. During this route to left I was alone, pursue my necessity imposed upon him, if he either is, ney, neither meeting with a solitary companion or intends to be, a candidate for the office to lessen my toil, nor any one to offer me of physician to any hospital, dispensary, or the smallest accommodation. Of this inat- other public institution, of which the by. tentioa I never complained ; but I may be i laws unjustly and injuriously require that now permitted to observe, in my own justi- their physicians should be fellows, candi. fication, that if, in traversing a hitherto un- dates, or licentiates of the London College. explored region, I had the misfortune to In confirmation of this I may remark, that lose my way, I am the only sufferer, and since the commencement of my contest with deny the right of any human being to call the College, they have been joined by fewer me to account, even if he should be able to licentiates than formerly. Last (from show that there has been some unintentional October 18ST, to October 1828,) they mismanagement of the adventure. Several amounted only to eleven ; this year they gentlemen came forward during the contest will probably be still less numerous ; and to enlighten the public with their profound but for the necessity imposed by the by-laws lucubrations on College affairs. As they alluded to, it is my firm conviction there were not, however, intended for my instruc- would be none. tion or assistance, but to display their own Were the authors of these charges fully learning and private wishes, I acknowledge aware of all the difficulties under which I no obligations to the writers. Some of these laboure(l, they would be little inclined either advocates, thinking only of themselves, said, to blame my zeal or want of resolution. On in very coarse terms, that I ouglit volunta- my removal to the metropolis, about ten Tily to have given up the verdict, for the years since, I was called several times into purpose of arguing the (unimportant) points consultation with the late Dr. Baillie, as I reserved by Lord Tenterden. had often been during my abode in LincolnThe accusations of those who censure me, shire. He urged me, at every opportunity, ate founded on my not persisting in a course to become a licentiate, adding, that as I was ascertained to be impracticable. I have now resident in London, unless I complied already remarked, that unexpected obsta- with the request, he could not, consistently cles drove us to substitute a mode of de- with his obligations to the College, meet fence which neither I nor my professional me as a physician. adviser originally contemplated. Under With a view to fix my wavering determisuch circumstances, we of course took ad- nation, and arrive at a satisfactory conclu. vantage of opportunities in our favour as sion, I stated my difficulties to a gentleman they arose. No fair or reasonable man of great legal experience and eminence; he would expect us to neglect any prudent and soon removed them, by informing me, among just measure to obtain a verdict. Sane per- other consolatory circumstances, that the sons, I might add, do not go into courts of Fellows could only sue by their modern name law for the purpose of beingdefeated. As of " President and Fellows of the Royal the main questions which I originally con- College of Physicians." That after having sidered at issue, would not be suffered to be so long abandoned their proper title of argued either in this or a new trial, it be- ° President and College, or Commonalty of came necessarv to substitute other modes of the King’s College of Physicians in the proceeding, and in these we were success- City of London," they could only recover it ful. Should it be asserted that no good after proving their connexion with the sta. will spring out of the trial; I do not hesitate, tute 14 and 15 of Henry VIII. Moreover, in the most unqualified manner, to deny the that the reasonableness of every by-law, inference. The College .claims being all involving my interests as a physician, must founded on the charter of Henry VIII., and be satisfactorily proved in court, before the constitution of that charter being now they could enforce penalties under it. Enplaced in a clear and incontrovertible light, couragedby a legal opinion, in strict accordphysicians will in future not be liable to be ance with the result of all former inquiries, deceived, respecting the true foundation of I resolv’d either to enter the College, nctheir rights to practise physic in London, cording to the obvicus interpretation of the and to be admitted members of that corpo- charter, and the only legal mode of admitration : and the information thus acquired, ting members, or to practise as an indepen. cannot fall soon to produce immense benefit dent physician, regardless of the CODse. to the public, and important and useful quences. I came the more readily to this changes in the medical profession. Hence- conclusion, because I felt confident, from forward no OM will, as a maiter of course, the great respectability of the gentleman acquiesce in the extravagant and injurious applied to, that a contention with the Colpretensions of the College, here denonii- lege would obiige the Fellows to expunge
obliged me to deviate into a after I bad,
as
I
tortuous
believed, only
to
track, nated
follow
a
fatiguing
year
-
394 know. by-laws, and, probably, to re-cealed, I became justly alarmed, well in all its purity, to theing the dangerous connexions she had form. ed. I therefore interrogated her stnctly well-educated physician. Relying upon this opinion, and without; concerning the part she intended to act in any ill lmmour towards the Fellows, I for- my trial. She replied, that no prescriptions some
of their
store the
charter,
warded my letters to Dr. Chambers and the Censors.* They were all written under a confident assurance, that the College would be obliged to establish, by argument, their legal existence, the reasonableness of their by-laws, and several other difficult matters, before they could claim mulcts for practice. This conviction will, I trust, sufficiently justify the bold language in which my letters were endited. In this dubious situation matters remained some time, and when I supposed the business finally concluded I j received official notice that the action had commenced ; in a short time afterwards the
of hers should The following
ever be turned against me. morning she repeated the same assurances, adding, with emotion and apparent sincerity, that I, who hnew her
so well, should be the last to suspect her veracity. Having strong reasons for think-
ing
that she
was
under the management of
needy and designing characters, I prevailed
mutual acquaintance to call, and asif possible, the temper of her mind, and her unreserved sentiments, with respect to me and the approaching trial. Her expressions, on this occasion being explicit and satisfactory, I uuforupon
a
certain,
also,
equally
tunately no longer doubted her veracity and good faith. To have hesitated, after such Upon receiving the latter notification, 1 repeated assurances, to give full credit to called a meeting of my junior counsel and the declarations of a lady who had never solicitors ; it was at this consultation, and deceived me, would, I think, have shown act sooner, that I was made acquainted with both unbecoming scepticism and unjusti. my actual situation. I then learned, for the fiable distrust. With this impression strong. first time, the difficulties of my position, ly fixed in my mind, and which was, moreand that the College would not be called over, strengthened by a correspondence with upon to defend their by-laws, and what was her brother, Miss Orton removed to her new more mortifying still, that the judges would lodgings, and I have never seen her since. fellows proceeded to declare," the obiects of their suit. "
or
set forth,
1 had remained some time in this delusory suffer me to dispute their validity in a action. Mr. Campbell confirmed state of security, both as to Miss Orton and this doctrine at our last interview, onlv three the trial, when, to my great surprise, the cause was unexpectedly taken, by some sedays before the cause was decided. receiving this information I offered to sur- cret agency, out of its proper order, and set render the verdict, if I should be suffered, down for hearing on the following Thurson a second trial, or even in the House of day ; the lawyers, on both sides, declaring Lords, to impugn the by-laws. Having reo their entire ignorance of the new arrange. ceived the assurance of both my counsel that ments, and of the hidden influence which I should gain nothing in a new trial, nor produced it. Fortunately, the brief had any good by a removal into the House of been already prepared, with great care and Lords, I left them to pursue their own ability, by my solicitors ; to it I afterwards course, and use their own discretion, in ma- subjoined not fewer than nine distinct pronaging the suit. Had I suspected Miss positions. My object in setting them down Orton’s dissimulation and treachery before for argument was, to oblige the Fellows to the cause came into court, I should have defend the reasonableness of their by-laws, been prepared to controvert her insidious and the legality of their proceedings. The machinations, and defeat the College on the propositions were illustrated and supported with such reasons and deductions as occur. merits of my case. During the long time that Miss Orton red to me at the exigence of the moment. remained under my professional directions Could the judge have been prevailed upon I possessed her entire confidence, as I am to suffer their discussion, I really beheve prepared to show by her own letters; nor that the College would have lost both its had she ever given me reason to doubt her authority and its charter. However 1 may high sense of honour, or strict adherence to lament this determination, as the points the truth. She then resided in a very re- themselves could not be argued, we were spectable family, where she had neither obliged to submit. That due paius were temptation nor example to encourage a dif- taken, on the part of my solicitors, to briup not
qu’tam
Upon
-
__
_
ferent course. Why she left it abruptly to the case properly into court, will, I think, live secluded with a young medical bachelor be admitted, when I add, that the brief aioce forms no part of my present inquiry. After filled thirty common sized folios, written in she had determined on removing, though the usual manner. Aly own observations the place of selection was carefully con- occupied eleven similar pages. Such being the mode adopted in this strug*
See former Numbers of THE LANCET.
gle
to
obtain
a
full
hearingof our grievances,
395 I may confidently assert, that every care was levant, as they added nothing to my emolutaken, on my part, to conduct the affairIr ment. with proper circumspection, and with a view 3dly. The plaintiffs had hunted out an. other instance of practice ; the object of it to its thorough investigation. was and brought into At length the day of trial arrived, and it court,actually subpoenaed, did venture to place not though they was scarcely opened before I discovered him in that, so far from my propositions being de. that histhe witness-box, having discovered evidence would prejudice their liberately argued, not one of them would be cause. This youth, an under-waiter in Mr. sufered to occupy the court for a single minute. Itwas, on our side, a Parthian con- Marshall Thompson’s Hotel, applied for my test from the first to the last, in which we gratuitous advice ; he afterwards became eould not make a single halt, but were suc- the patient of two junior Fellows. These eessively driven from post to post. After gentlemen having induced the boy asto Igive am the last had been cartied, and no place of up my prescriptions, lodged them, told, in the archives of their College, to be refuge could be found, the combat was sus- in readiness to appear in due time against me. pended. A long pause ensued, which was Although I do not intend, at pre4thly. interrupted by a call for Miss Orton. The the conduct of Misa name no sooner vibrated on my ears, than sent, to scrutinise I became fully alive to her duplicity and Orton, or the extraordinary evidence of her hypocrisy, but the knowledge came too late female servant, it was in my power to have to admit of my attempting to rebut her evi- completely destroyed the force of their denceon the present occasion. Had I been united testimony, had it been suspected that defeated, anew trial would have enabled me this deceitful woman, and her well-tutored to bring up fresh forces, and recover the attendant, were to appear against me. I am informed, complain victory. Happily the verdict renders it un- The Fellows, of the heavy cost of the trial. How necessary for me to enter further into the bitterly was expended, does not ap contest, and I feel no desire to retaliate all theirInmoney of direct proofs, we the absence pear. upon an unprotected female, who once possessed my esteem, and has, I believe, for- may be suffered to conjecture, that if Miss feited it more through the artifices of others Orton was really endowed with greater for.. than her own inclination. No sooner did titude than Danae, some of her partisans Miss Orton’s well disciplined servant, Em- might not be equally insensible to the magic influence of a 11 golden shower." ma Edwards, stand up in the witness box, These were some of the mean arts to than Mr. Campbell, tapping me on the " " Is this a spinal case 1 I which my learned opponents did not hesishoulder, said, to stoop, in order to obtain the verdict* answered, "Yes." Not another word was tate After this explanation, it would, I think, be exchanged between us during the remainder more than superfluous to produce fresh of the trial. The girl had a bundle of preof the quo animo by which the proofs were tied scriptions put into her hand ; they governing members of the most ancient together at one end, leaving them loose, medical institution of the United Kingdom and waving below. This ingenious concontrive to bolster up their affairs, and mistrirance produced an imposing display, and lead the public. I have already said, that of a the much colgave appearance greater lection of prescriptions than she really pos- Mr. Campbell formed his successful appeal sessed. They were written for three diffe- to the jury, out of the expressive monosyllable " yes." He contended, ist, That rent females. the spinal disorder under which Miss Orton 1st. Several of them were for the witness suffered belongs to the surgical department, herself, who was forced, on cross-examina- and that practitioners are not required, in the tion, to admit, that I received no pecuniary treatment of such maladies, to connect remuneration from her. On this being con- themselves with the College of Physicians. ceded, the Judge ruled, that her case did 2dly, That before the Fellows could establish not come within the meaning of the statute, my liability to penalties under the statute, or subject me to penalties for acting as a they must prove continuous practice for one physician, the very essence of which con- whole month. t.su in accepting fees. Mr. Campbell’s eloquent address led to a 2dly. Mrs. Purser, a poor, infirm, and verdict in my favour. It was certainly neihej-ridden widow, afforded another exam- ther so complete nor so satisfactory as I origiple of practice, brought against me in this nally expected. But as we were not suffered memorable trial; she labourf:d under a com- to grapple with the by-laws, it was perhaps c’uation of maladies, aggravated by her the best that could be obtained, under the LH’rscted means; her prescriptions in- unexpected difficulties of our novel position. creased the bundle held in the hand of EmmaThe conclusions arising out of the above Edwards, but it must have been known both premises are, t:’ ber and the plaintiffs that they were irre. Ist. That the " College or Commonalty
396 of the Faculty of Physic," erroneously denominated the " Royal College of Physicians," was established for the equal benefit of all doctors of physic residing within its boundaries. 2dly. That its members were indiscriminately taken from British and Foreign universities until the middle of last century, when a dominant party narrowed the admissions to graduates of Oxford and Cam-
In 1’68, the Fellows were canlioned by Lord Mansfield 11 against narrowing their grounds of admission so much, that if even a Boerhaave should be resident here, he could not be admitted into the fellowship.’’ Again: 11 I should recommend it to the College to take the best advice in reviewing their statutes, and to attend to the design and intention of the crown and parliament in their institution. I see a source of great bridge. dispute and litigation in them, as they now Sdly. That since this illegal derivation stand ; there has not, as it should seem, and application of the honours and revenues been due consideration had of their charter, of the College, it has been sensibly de- or legal advice taken in forming them. I clining in usefulness, in respectability, and think that every person of proper education, in power. requisite learning and skill, and possessed 4thly. That, in the trial of Drs. Archer of all other due qualifications, is entitled to and Fothergill, also of Drs. Stanger and Cook have a license ; and I think that he ought, if with the College, the contest was with li- he desires it, to be admitted into the Colcentiates, or persons, who, having volun- lege." And again : ‘° They are bound to tarily engaged to obey the by-laws, could not admit every person whom, upon examinaafterwards get disengaged from them. tion, they think to be fit to be admitted 5thly. That, in the trial with Dr. Harri- within the description of the charter and act son, as the College sued only for penalties of parliament which confirms it. The per. stated in the charter, the wholesomeness of son who comes within that description has the by-laws could not be brought under re- a right to be admitted into the fellowship." In 1797, Lord Kenyon says-°‘ By what view, otherwise the defendant was prepared to show their illegality, their oppression, and fatality it is that almost ever since this their mischievous effects upon medical charter has been granted, this learned bodv has somehow or other lived in a course of science and the faculty. That the clause under which Dr. litigation, I know not; one is rather surHarrison was prosecuted was not applicable ! prised, when one considers, that the several to him, because it refers only to those medi. members of this body, including the licen. cal men, who having procured no degree or tiates, the commonalty of this corporation, authority to exercise medicine from an uni- are very learned men, and inasmuch as it versity, are therefore required in the charter is not generally the fruits of learning, at to be examined and licensed to practise by least not the best fruits of learning, to get the College of Physicians. into litigation, one cannot well tell, how Will the Fellows condescend to inform the these learned gentlemen have fallen into so public, why this delegated power was ap- much litigation." With these remarks and quotations, which plied to Dr. Harrison, a regular graduate, an homo facultatis, instead of being en- might have been considerably extended, I forced against the persons for whom it was take leave of the College. I can with truth really enacted ? The Fellows are requested, declare at parting, that I do not entertain while giving their explanation, to bear in the slightest feeling of hostility or prejudice mind Lord Tenterden’s recommendation to towards any of theFellows, notwithstanding the jury in this particular trial: " It is our the altered behaviour of some of them to. duty here to administer the law, and if the wards me since the late decision in Westlaw be wronsr,* it is the Legislature which minster Hall. If they could be induced to must correct it, and not you or I." listen to any advice of mine, I would entreat 7thly. That it follows, as a consequence them, in the spirit of peace, to follow the of the preceding trials, that neither the licen- recommendations of Lord Mansfield, and reo tiates, nor the independent physicians, can store the charter of Henry, their onl.1l source obtain redress in the courts of law, merely of power, to its original purity. com. because they are not members of the corpo- ptying with his salutary admonitions, they ration. and that relief, when it is obtained, will exalt the reputation of their CoJlegp, must be procured through the interference promote their own respectability, and restore of parliament. harmony to a distracted Though T have already drawn I am, Sir, &c., upon the reader’s patience, I am desirous to 1 add to the above, the cogent observations of EDWARD HARRISON HARRISON. two other chief justices.
6thly.
*
By
largely
’*
The law is not wrong, the fault is in its
administration.
profession.
Holles Street, Cavendish Square, June 1 ’,1829.
society, Henry
confided their execution
the doctors of medicine reaident within the city of London. In order to carry his intentions into eftect, Le esta-
generally
REMARKS ON THE LATE TRIAL BETWEEN
to
blislied the College of Physicians, " after and Dr. Har-the example of well regulated cities in rison. Italy, and many other countries." But the Colleges of Physicians abroad, it is noto. rious, were all composed of doctors in me. To the Editor of THE LANCET. dicine, and no others ; consequently, tLe SIR,—The protracted contest, raised by College of London, instituted after their ex. the Fellows of the College of Physicians, ample, must have been similarly constituted. having at lpngth terminated in their com- The original members of the London Col. plete defeat, after two hearings in court, lege, I therefore conclude, both from the and at an expense to them for my taxed language of the charter and the reason of the costs alone of 781. 12s., I am desirous, thing, consisted solely of doctors ill plysic through the medium of your valuable Jour- of various universities ; these were the Dal, to communicate some particulars con- " homines facuttatis " of the charter, au exnected with that celebrated struggle. pression which has been so much misunder. 1st. I may premise, that the late trial re- stood and misrepresented. These were the cords the first failure, since the enactment members, and the only members, of the of their present by-laws. It has established London College. the important fact, that they are not only Henry entrusted the execution of the illegal, but what is scarcely to be credited, charter, in the first instance, to six grathat their validity can only be successfully duates of Italian universities. Not one of opposed by the Fellows themselves, i. e., by them had either-studied, or been entered, the very men who framed them to secure an ’, of either Oxford or Cambridge ; from which exclusive benefit, and now defend them for it is evident that these universities were selfish and unworthy purposes. From per- never intended &y the royal founder to en sons of this description, no correction of joy superior privileges. abuses will voluntarily proceed. They have nal constitution of the College, and so it taken a false position, and, favoured by legal remained, in fact, equally open to all physi. quibbles and fictions, can maintain it, in cians, until a faction narrowed the incorpo. defiance of every opposition, before the or- ration to Dromote their own views. This occurrence, which diverted the dinary tribunals. What is done for the improvement or College from its original purpose, took . credit of the repudiated physicians, must be place, as already observed, about the middle - achieved by themselves. This is really the of last century. From that period to the fact, and I shall not attempt either to dis- present time, the College has been involved - guise it, or to mislead the public. The Col- in unceasing litigation, or turmoil, and its lege was originally seized, and is still ille- agitations will continue undiminished, so gally held, by a dominant faction, to the long as the rejected members are deprived t exclusion of all others. Such has been the of their constitutional rights. How long - relative state of parties, from about the year relief may be deferred, I know not. Come 17.52 to the present moment, and they will, it certainly will, sooner or later, and this I am persuaded, remain as they now are, act of tardy justice would be accelerated, if until the injured persons can be induced to the injured could be induced to forego their unite their energies, and collectively pro- petty jealousies, and exert their combined secute their claims before Parliament; then energies to obtaia substantial redress. Such they will be triumphant. As the sacred course would be manly and honourable; cause affects more or less every physician but so long as the influential licentiates will in the British dominions, nothing more condescend to cringe and flatter the most seems to be required, than a good beginning insignificant fellows, to gain a seat in the and a respectable association. conclave, they are unworthy of the freedom 2dly. Whoever will give himself the trou- to which thev aspire. ble to look carefully into the charter of 3dly. It has been objected to the defence, Henry VIII. will fiud, that it provides, that it was sufficiently at variance with the 1st, for the extinction of quacks; 2d, for st.vle and manner of the letters, to disap’ the searching of drug shops ; Sd, the licensthe just expectations of the profeiThat the pleadings were not in stiiet ing of surgeons, apothecaries, and men-midwives, or of all persons who, from not accordance with the correspondence, I ad. but, in making this coneession, I may having been examined, and admitted to practise by some university, require to have be allowed to add, that circumstances, over their fitness approved in another way. These which I could exercise no control, and for I am, therefore, not answerable, being trusts of great moment and interest to
The
College of Physicians
Such was the origi.
disgraceful
i
I a
point sion.
mit ;
which
!
393 to be both assumed and illegal. No doctor will, in future, become a licentiate jour- of that body, but in compliance with the straight path. During this route to left I was alone, pursue my necessity imposed upon him, if he either is, ney, neither meeting with a solitary companion or intends to be, a candidate for the office to lessen my toil, nor any one to offer me of physician to any hospital, dispensary, or the smallest accommodation. Of this inat- other public institution, of which the by. tentioa I never complained ; but I may be i laws unjustly and injuriously require that now permitted to observe, in my own justi- their physicians should be fellows, candi. fication, that if, in traversing a hitherto un- dates, or licentiates of the London College. explored region, I had the misfortune to In confirmation of this I may remark, that lose my way, I am the only sufferer, and since the commencement of my contest with deny the right of any human being to call the College, they have been joined by fewer me to account, even if he should be able to licentiates than formerly. Last (from show that there has been some unintentional October 18ST, to October 1828,) they mismanagement of the adventure. Several amounted only to eleven ; this year they gentlemen came forward during the contest will probably be still less numerous ; and to enlighten the public with their profound but for the necessity imposed by the by-laws lucubrations on College affairs. As they alluded to, it is my firm conviction there were not, however, intended for my instruc- would be none. tion or assistance, but to display their own Were the authors of these charges fully learning and private wishes, I acknowledge aware of all the difficulties under which I no obligations to the writers. Some of these laboure(l, they would be little inclined either advocates, thinking only of themselves, said, to blame my zeal or want of resolution. On in very coarse terms, that I ouglit volunta- my removal to the metropolis, about ten Tily to have given up the verdict, for the years since, I was called several times into purpose of arguing the (unimportant) points consultation with the late Dr. Baillie, as I reserved by Lord Tenterden. had often been during my abode in LincolnThe accusations of those who censure me, shire. He urged me, at every opportunity, ate founded on my not persisting in a course to become a licentiate, adding, that as I was ascertained to be impracticable. I have now resident in London, unless I complied already remarked, that unexpected obsta- with the request, he could not, consistently cles drove us to substitute a mode of de- with his obligations to the College, meet fence which neither I nor my professional me as a physician. adviser originally contemplated. Under With a view to fix my wavering determisuch circumstances, we of course took ad- nation, and arrive at a satisfactory conclu. vantage of opportunities in our favour as sion, I stated my difficulties to a gentleman they arose. No fair or reasonable man of great legal experience and eminence; he would expect us to neglect any prudent and soon removed them, by informing me, among just measure to obtain a verdict. Sane per- other consolatory circumstances, that the sons, I might add, do not go into courts of Fellows could only sue by their modern name law for the purpose of beingdefeated. As of " President and Fellows of the Royal the main questions which I originally con- College of Physicians." That after having sidered at issue, would not be suffered to be so long abandoned their proper title of argued either in this or a new trial, it be- ° President and College, or Commonalty of came necessarv to substitute other modes of the King’s College of Physicians in the proceeding, and in these we were success- City of London," they could only recover it ful. Should it be asserted that no good after proving their connexion with the sta. will spring out of the trial; I do not hesitate, tute 14 and 15 of Henry VIII. Moreover, in the most unqualified manner, to deny the that the reasonableness of every by-law, inference. The College .claims being all involving my interests as a physician, must founded on the charter of Henry VIII., and be satisfactorily proved in court, before the constitution of that charter being now they could enforce penalties under it. Enplaced in a clear and incontrovertible light, couragedby a legal opinion, in strict accordphysicians will in future not be liable to be ance with the result of all former inquiries, deceived, respecting the true foundation of I resolv’d either to enter the College, nctheir rights to practise physic in London, cording to the obvicus interpretation of the and to be admitted members of that corpo- charter, and the only legal mode of admitration : and the information thus acquired, ting members, or to practise as an indepen. cannot fall soon to produce immense benefit dent physician, regardless of the CODse. to the public, and important and useful quences. I came the more readily to this changes in the medical profession. Hence- conclusion, because I felt confident, from forward no OM will, as a maiter of course, the great respectability of the gentleman acquiesce in the extravagant and injurious applied to, that a contention with the Colpretensions of the College, here denonii- lege would obiige the Fellows to expunge
obliged me to deviate into a after I bad,
as
I
tortuous
believed, only
to
track, nated
follow
a
fatiguing
year
-
394 know. by-laws, and, probably, to re-cealed, I became justly alarmed, well in all its purity, to theing the dangerous connexions she had form. ed. I therefore interrogated her stnctly well-educated physician. Relying upon this opinion, and without; concerning the part she intended to act in any ill lmmour towards the Fellows, I for- my trial. She replied, that no prescriptions some
of their
store the
charter,
warded my letters to Dr. Chambers and the Censors.* They were all written under a confident assurance, that the College would be obliged to establish, by argument, their legal existence, the reasonableness of their by-laws, and several other difficult matters, before they could claim mulcts for practice. This conviction will, I trust, sufficiently justify the bold language in which my letters were endited. In this dubious situation matters remained some time, and when I supposed the business finally concluded I j received official notice that the action had commenced ; in a short time afterwards the
of hers should The following
ever be turned against me. morning she repeated the same assurances, adding, with emotion and apparent sincerity, that I, who hnew her
so well, should be the last to suspect her veracity. Having strong reasons for think-
ing
that she
was
under the management of
needy and designing characters, I prevailed
mutual acquaintance to call, and asif possible, the temper of her mind, and her unreserved sentiments, with respect to me and the approaching trial. Her expressions, on this occasion being explicit and satisfactory, I uuforupon
a
certain,
also,
equally
tunately no longer doubted her veracity and good faith. To have hesitated, after such Upon receiving the latter notification, 1 repeated assurances, to give full credit to called a meeting of my junior counsel and the declarations of a lady who had never solicitors ; it was at this consultation, and deceived me, would, I think, have shown act sooner, that I was made acquainted with both unbecoming scepticism and unjusti. my actual situation. I then learned, for the fiable distrust. With this impression strong. first time, the difficulties of my position, ly fixed in my mind, and which was, moreand that the College would not be called over, strengthened by a correspondence with upon to defend their by-laws, and what was her brother, Miss Orton removed to her new more mortifying still, that the judges would lodgings, and I have never seen her since. fellows proceeded to declare," the obiects of their suit. "
or
set forth,
1 had remained some time in this delusory suffer me to dispute their validity in a action. Mr. Campbell confirmed state of security, both as to Miss Orton and this doctrine at our last interview, onlv three the trial, when, to my great surprise, the cause was unexpectedly taken, by some sedays before the cause was decided. receiving this information I offered to sur- cret agency, out of its proper order, and set render the verdict, if I should be suffered, down for hearing on the following Thurson a second trial, or even in the House of day ; the lawyers, on both sides, declaring Lords, to impugn the by-laws. Having reo their entire ignorance of the new arrange. ceived the assurance of both my counsel that ments, and of the hidden influence which I should gain nothing in a new trial, nor produced it. Fortunately, the brief had any good by a removal into the House of been already prepared, with great care and Lords, I left them to pursue their own ability, by my solicitors ; to it I afterwards course, and use their own discretion, in ma- subjoined not fewer than nine distinct pronaging the suit. Had I suspected Miss positions. My object in setting them down Orton’s dissimulation and treachery before for argument was, to oblige the Fellows to the cause came into court, I should have defend the reasonableness of their by-laws, been prepared to controvert her insidious and the legality of their proceedings. The machinations, and defeat the College on the propositions were illustrated and supported with such reasons and deductions as occur. merits of my case. During the long time that Miss Orton red to me at the exigence of the moment. remained under my professional directions Could the judge have been prevailed upon I possessed her entire confidence, as I am to suffer their discussion, I really beheve prepared to show by her own letters; nor that the College would have lost both its had she ever given me reason to doubt her authority and its charter. However 1 may high sense of honour, or strict adherence to lament this determination, as the points the truth. She then resided in a very re- themselves could not be argued, we were spectable family, where she had neither obliged to submit. That due paius were temptation nor example to encourage a dif- taken, on the part of my solicitors, to briup not
qu’tam
Upon
-
__
_
ferent course. Why she left it abruptly to the case properly into court, will, I think, live secluded with a young medical bachelor be admitted, when I add, that the brief aioce forms no part of my present inquiry. After filled thirty common sized folios, written in she had determined on removing, though the usual manner. Aly own observations the place of selection was carefully con- occupied eleven similar pages. Such being the mode adopted in this strug*
See former Numbers of THE LANCET.
gle
to
obtain
a
full
hearingof our grievances,
395 I may confidently assert, that every care was levant, as they added nothing to my emolutaken, on my part, to conduct the affairIr ment. with proper circumspection, and with a view 3dly. The plaintiffs had hunted out an. other instance of practice ; the object of it to its thorough investigation. was and brought into At length the day of trial arrived, and it court,actually subpoenaed, did venture to place not though they was scarcely opened before I discovered him in that, so far from my propositions being de. that histhe witness-box, having discovered evidence would prejudice their liberately argued, not one of them would be cause. This youth, an under-waiter in Mr. sufered to occupy the court for a single minute. Itwas, on our side, a Parthian con- Marshall Thompson’s Hotel, applied for my test from the first to the last, in which we gratuitous advice ; he afterwards became eould not make a single halt, but were suc- the patient of two junior Fellows. These eessively driven from post to post. After gentlemen having induced the boy asto Igive am the last had been cartied, and no place of up my prescriptions, lodged them, told, in the archives of their College, to be refuge could be found, the combat was sus- in readiness to appear in due time against me. pended. A long pause ensued, which was Although I do not intend, at pre4thly. interrupted by a call for Miss Orton. The the conduct of Misa name no sooner vibrated on my ears, than sent, to scrutinise I became fully alive to her duplicity and Orton, or the extraordinary evidence of her hypocrisy, but the knowledge came too late female servant, it was in my power to have to admit of my attempting to rebut her evi- completely destroyed the force of their denceon the present occasion. Had I been united testimony, had it been suspected that defeated, anew trial would have enabled me this deceitful woman, and her well-tutored to bring up fresh forces, and recover the attendant, were to appear against me. I am informed, complain victory. Happily the verdict renders it un- The Fellows, of the heavy cost of the trial. How necessary for me to enter further into the bitterly was expended, does not ap contest, and I feel no desire to retaliate all theirInmoney of direct proofs, we the absence pear. upon an unprotected female, who once possessed my esteem, and has, I believe, for- may be suffered to conjecture, that if Miss feited it more through the artifices of others Orton was really endowed with greater for.. than her own inclination. No sooner did titude than Danae, some of her partisans Miss Orton’s well disciplined servant, Em- might not be equally insensible to the magic influence of a 11 golden shower." ma Edwards, stand up in the witness box, These were some of the mean arts to than Mr. Campbell, tapping me on the " " Is this a spinal case 1 I which my learned opponents did not hesishoulder, said, to stoop, in order to obtain the verdict* answered, "Yes." Not another word was tate After this explanation, it would, I think, be exchanged between us during the remainder more than superfluous to produce fresh of the trial. The girl had a bundle of preof the quo animo by which the proofs were tied scriptions put into her hand ; they governing members of the most ancient together at one end, leaving them loose, medical institution of the United Kingdom and waving below. This ingenious concontrive to bolster up their affairs, and mistrirance produced an imposing display, and lead the public. I have already said, that of a the much colgave appearance greater lection of prescriptions than she really pos- Mr. Campbell formed his successful appeal sessed. They were written for three diffe- to the jury, out of the expressive monosyllable " yes." He contended, ist, That rent females. the spinal disorder under which Miss Orton 1st. Several of them were for the witness suffered belongs to the surgical department, herself, who was forced, on cross-examina- and that practitioners are not required, in the tion, to admit, that I received no pecuniary treatment of such maladies, to connect remuneration from her. On this being con- themselves with the College of Physicians. ceded, the Judge ruled, that her case did 2dly, That before the Fellows could establish not come within the meaning of the statute, my liability to penalties under the statute, or subject me to penalties for acting as a they must prove continuous practice for one physician, the very essence of which con- whole month. t.su in accepting fees. Mr. Campbell’s eloquent address led to a 2dly. Mrs. Purser, a poor, infirm, and verdict in my favour. It was certainly neihej-ridden widow, afforded another exam- ther so complete nor so satisfactory as I origiple of practice, brought against me in this nally expected. But as we were not suffered memorable trial; she labourf:d under a com- to grapple with the by-laws, it was perhaps c’uation of maladies, aggravated by her the best that could be obtained, under the LH’rscted means; her prescriptions in- unexpected difficulties of our novel position. creased the bundle held in the hand of EmmaThe conclusions arising out of the above Edwards, but it must have been known both premises are, t:’ ber and the plaintiffs that they were irre. Ist. That the " College or Commonalty
396 of the Faculty of Physic," erroneously denominated the " Royal College of Physicians," was established for the equal benefit of all doctors of physic residing within its boundaries. 2dly. That its members were indiscriminately taken from British and Foreign universities until the middle of last century, when a dominant party narrowed the admissions to graduates of Oxford and Cam-
In 1’68, the Fellows were canlioned by Lord Mansfield 11 against narrowing their grounds of admission so much, that if even a Boerhaave should be resident here, he could not be admitted into the fellowship.’’ Again: 11 I should recommend it to the College to take the best advice in reviewing their statutes, and to attend to the design and intention of the crown and parliament in their institution. I see a source of great bridge. dispute and litigation in them, as they now Sdly. That since this illegal derivation stand ; there has not, as it should seem, and application of the honours and revenues been due consideration had of their charter, of the College, it has been sensibly de- or legal advice taken in forming them. I clining in usefulness, in respectability, and think that every person of proper education, in power. requisite learning and skill, and possessed 4thly. That, in the trial of Drs. Archer of all other due qualifications, is entitled to and Fothergill, also of Drs. Stanger and Cook have a license ; and I think that he ought, if with the College, the contest was with li- he desires it, to be admitted into the Colcentiates, or persons, who, having volun- lege." And again : ‘° They are bound to tarily engaged to obey the by-laws, could not admit every person whom, upon examinaafterwards get disengaged from them. tion, they think to be fit to be admitted 5thly. That, in the trial with Dr. Harri- within the description of the charter and act son, as the College sued only for penalties of parliament which confirms it. The per. stated in the charter, the wholesomeness of son who comes within that description has the by-laws could not be brought under re- a right to be admitted into the fellowship." In 1797, Lord Kenyon says-°‘ By what view, otherwise the defendant was prepared to show their illegality, their oppression, and fatality it is that almost ever since this their mischievous effects upon medical charter has been granted, this learned bodv has somehow or other lived in a course of science and the faculty. That the clause under which Dr. litigation, I know not; one is rather surHarrison was prosecuted was not applicable ! prised, when one considers, that the several to him, because it refers only to those medi. members of this body, including the licen. cal men, who having procured no degree or tiates, the commonalty of this corporation, authority to exercise medicine from an uni- are very learned men, and inasmuch as it versity, are therefore required in the charter is not generally the fruits of learning, at to be examined and licensed to practise by least not the best fruits of learning, to get the College of Physicians. into litigation, one cannot well tell, how Will the Fellows condescend to inform the these learned gentlemen have fallen into so public, why this delegated power was ap- much litigation." With these remarks and quotations, which plied to Dr. Harrison, a regular graduate, an homo facultatis, instead of being en- might have been considerably extended, I forced against the persons for whom it was take leave of the College. I can with truth really enacted ? The Fellows are requested, declare at parting, that I do not entertain while giving their explanation, to bear in the slightest feeling of hostility or prejudice mind Lord Tenterden’s recommendation to towards any of theFellows, notwithstanding the jury in this particular trial: " It is our the altered behaviour of some of them to. duty here to administer the law, and if the wards me since the late decision in Westlaw be wronsr,* it is the Legislature which minster Hall. If they could be induced to must correct it, and not you or I." listen to any advice of mine, I would entreat 7thly. That it follows, as a consequence them, in the spirit of peace, to follow the of the preceding trials, that neither the licen- recommendations of Lord Mansfield, and reo tiates, nor the independent physicians, can store the charter of Henry, their onl.1l source obtain redress in the courts of law, merely of power, to its original purity. com. because they are not members of the corpo- ptying with his salutary admonitions, they ration. and that relief, when it is obtained, will exalt the reputation of their CoJlegp, must be procured through the interference promote their own respectability, and restore of parliament. harmony to a distracted Though T have already drawn I am, Sir, &c., upon the reader’s patience, I am desirous to 1 add to the above, the cogent observations of EDWARD HARRISON HARRISON. two other chief justices.
6thly.
*
By
largely
’*
The law is not wrong, the fault is in its
administration.
profession.
Holles Street, Cavendish Square, June 1 ’,1829.