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ROYAL COLLEGE OF PHYSICIANS.—DRAFT OF THE PROPOSED NEW CHARTER.
THE PROPOSED KEW CHARTER OF THE ROYAL COLLEGE OF PHYSICIANS.
529
tion of the said corporation. Now know ye, that we, taking the premises into our royal consideration, of our especial grace, certain knowledge, and mere motion, have granted, declared, ordained, and appointed, and by these presents for us, our heirs and successors, do grant, declare, ordain, and appoint, in
last two months, an activity which is well calculated to astonish those who think that a man who indulges much in general conceptions is unfit for practical life. It should not be omitted, that M. BucHEZ, who attended with as much zeal to his professional duties as to his literary pursuits, has constantly resided in " a little room under the leads," has ever been extremely abstemious, and has preserved all the simple and unassuming habits of an unpretending agriculturist.
following, to wit,corporation shall henceforth be styledThe Royal College of Physicians of England." 2. That the said corporation shall consist of fellows and members, including a president and council, four vice-presidents, four censors, a treasurer, and a registrar. 3. That all the present licentiates of the said corporation shall be members of the said corporation. manner
1. That the said
4. That each of the present extra licentiates of the said may be admitted a member of the said corporation on the production to the said censors of the said corporaWE think it best, in order to avoid all disputes and unnecessary tion of testimonials of character which shall be satisfactory criticisms, to publish the official copy of this document, as it to the said censors, and on his assuring the said censors that has been just forwarded to us from the College of Physicians. he is not engaged in the practice of pharmacy, and on his paying to the said corporation a fee of fifteen pounds fifteen ŅED. L. shillings, exclusive of the stamp duty. To the Editor of THE LANCET. 5. That every person practising as a physician in England SIR,-I beg to inclose you (for insertion in THE LANCET) a, or Wales, and who shall have taken the degree of doctor in correct copy of the proposed new Charter for the Royal medicine at any university in the United Kingdom of Great Britain and Ireland, after regular examination at least three College of Physicians.-I am, Sir, your obedient servant, JOHND. B. SEDGWICK. College of Physicians, May 8, 1848. calendar months previously to the date of these our letters patent, and also every person who shall have received a Victoria, by the grace of God of the United Kingdom of licence to practise physic from either of the Universities of Great Britain and Ireland Queen, Defender of the Faith, to Oxford or Cambridge, and also every person practising as a all to whom these presents shall come, greeting,ŅWhereas the physician in England or Wales, who shall have taken the commonalty or fellowship of the Royal College of Physicians degree of doctor in medicine at any foreign university at least in London have by their petition humbly represented unto us three months previously to the date of these our letters that the said college was incorporated by letters patent, patent, after regular examination, and after having resided bearing date the 23rd day of September, in the tenth year of during a period of not less than two years in an university, the reign of King Henry the Eighth, which letters patent and also every person practising as a physician in England or were confirmed by an Act passed in the session of parliament Wales, who shall have been for a period of not less than holden in the fourteenth and fifteenth years of the reign of I three months previously to the date of these our letters King Henry the Eighth, intituled, " The Privileges and patent a fellow of the Royal College of Physicians of EdinAuthority of Physicians in London," and that by such act of burgh, or a fellow of the Royal College of Physicians of parliament certain other powers and privileges were granted Dublin, who not having taken the degree of doctor in medito the said commonalty: And whereas the said college has cine in any British or foreign university, shall have resided also represented unto us, that since the making of the said during a period of not less than two years in an university, letters patent divers other charters have been granted to the and who shall have been admitted as a fellow of such Royal said college: And whereas the said college has also repre- College of Edinburgh or Dublin, as the case may be, after sented unto us that by an act of parliament made and passed regular examination, provided such person shall have attained in the present year of our reign, intituled, " An Act making the age of twenty-six years, and shall not be engaged in the Provision for the Granting a new Charter to the College of practice of pharmacy, shall, at any time within twelve calendar Physicians," after reciting or as to the effect hereinbefore months from the acceptance of these our letters patent stated, and that it was expedient that certain changes should by the said corporation, in the manner mentioned in the act be made in the constitution of the said college, and parti- of parliament hereinbefore stated to have been passed in the cularly that new regulations should be made for the election present year of our reign, be admitted a member of the said of the officers of the said college, it was enacted that it should corporation, without any examination, on the production to be lawful for the said corporation to surrender all the charters the censors of the said corporation of his diploma, and of which had theretofore been granted to them other than and ex- such testimonials of character and professional qualifications cept the said charter of King Henry the Eiglith, and also so much as sliall be satisfactory to such censors, and on his proving and such part of t!ie last-mentioned charter as should be in himself to be of the said age, and on his assuring such censors anywise inconsistent with, or repugnant to, any new charter that he is not engaged in pharmacy, and on his paying to the to be granted to them by us, and that it should be lawful for said corporation a fee of fifteen pounds fifteen shillings, exclusive of the stamp duty. us to grant, and for the said corporation to accept from us, a 6. That any person who, after regular examination, shall new charter, which charter might make such alterations as should be deemed by us expedient in the constitution of the have taken a degree in medicine at any university in the said corporation,and might, if we should so think proper,change United Kingdom of Great Britain and Ireland, or at any the name of the same corporation; and further, that when and foreign university to be from time to time recognised by the said corporation, and who sliall have attained the age of so soon as the said corporation, under their then present common seal, should have accepted any new charter, so to be twenty-six years, and sliall not be engaged in the practice of granted as aforesaid, the acceptance thereof should operate pharmacy, and shall have gone through such course of as a surrender of all the other charters of the said corporation, studies, and who shall have passed such examination before except the said charter of King Henry the Eighth, and should the censors of the said corporation, touching his knowledge also operate as a surrender of the said charter of King Henry of medical and general science and literature, and complied the Eighth, and as a repeal of the first-mentioned act of with such other regulations as are or shall be required by the parliament, so far as the same should be inconsistent with, or by-laws of the said corporation, shall be entitled to become a repugnant to, such new charter: And further, that from and member of the said corporation without being subject to any after such acceptance of such new charter, the said charter other election. of Henry the Eighth should stand and be ratified and con7. That the present fellows of the said corporation shall firmed, except so far as the same should be so surrendered as continue to be fellows of the said corporation. 8. That every member who shall be admitted a member of aforesaid: Provided always, that nothing therein contained should extend to authorize us to create any new restriction the said corporation, as hereinbefore mentioned, who shall be in the practice of physic, or to grant -to the said corporation desirous of becoming a fellow of the said corporation, shall, any new powers or privileges contrary to the common law of after the expiration of one year from the time of his having the land, and that no such new charter, whether the name of the been examined for his licence to practise medicine, be capable corporation should be changed or not, should in anywise pre- of being elected a fellow thereof, provided he shall, in addition of to the examination hereinbefore mentioned, at any time after judice, affect, or annul any of the existing statutes the said corporation further than should be necessary for giving the expiration of one year from that examination, have passed full and comptete effect to the alterations which should be such further examination before the censor of the said college, intended to be effected by such new charter in the constitu- touching his knowledge of medical and general science and
ROYAL COLLEGE OF PHYSICIANS.—DRAFT OF THE PROPOSED NEW CHARTER.
corporation
I I
or by-laws
530 literature, and complied with such other regulations as are or until a president shall have been appointed, and the presentshall be required by the by-laws of the said corporation; pro- president of the said corporation shall, at the meeting of the vided, nevertheless, that such member shall not be capable of fellows of the said corporation next after the granting of these being actually elected a fellow as aforesaid, unless or until he our letters patent, appoint four vice-presidents for the purshall have attained the age of thirty years. poses aforesaid. 9. That during the period of five years, to be computed from 17. That the vice-presidents shall cease to be vice-presithe date of these our letters patent, every person, who, accord- dents when a new president shall have been appointed in the ing to the present regulations of the said corporation, might place of the president by whom they were nominated. be elected a fellow thereof, shall be capable of being elected 18. That there shall be sixteen fellows on the council of the a fellow thereof on the terms on which he would have been said corporation. entitled to be elected a fellow thereof if this charter had not 19. That the present council of the said corporation shall been granted. continue to be the council of the said corporation until a new 10. That after the expiration of the period of five years, to council shall have been actually elected in their place, and be computed from the date of these our letters patent, the that, on the twenty-second day ofD2cembernext,fourfellows council of the said college shall have the power to nominate shall be elected to make up the number of the council to sixyearly two members thereof, who, in the opinion of the coun- teen, and that, on the twenty-second day of December, 18 , cil, shall have distinguished themselves in the pursuit of and on the same day in every year, (except when the same science or literature, to be proposed to the fellows for election shall fall on a Sunday, and then on the twenty-third day of as fellows, provided the members so to be nominated shall December,) four of the council shall go out of office and four have been members of the said corporation for a period of not fellows shall be elected of the council, but the fellows going out of office shall not be re-eligible until they have been one less than four years. 11. That the fellows of the said corporation shall be elected year out of office, and the fellows to be elected as aforesaid, at a meeting of the fellows, and such meeting shall be held shall remain in office until others shall have been actually yearly, on the 25th day of June, unless the same shall fall on elected in their place, and that on the same day other fellows a Sunday, and then 011 the 26th day of June, and the first of shall be elected to the council to fill up vacancies occasioned such meetings shall be held on the 25th day of June, (or 26th by death or resignation since the last election. 20. That the council shall be elected by the fellows out of day of June,) 18 . 12. That if it shall at any time hereafter appear, that any their own body, by ballot, either by list or otherwise, as the present or future fellow or member of the said corporation said corporation sliall from time to time determine by the byshall have obtained admission to the said corporation by any laws 21. That in addition to the sixteen fellows so elected, the fraud, false statement, or imposition, or that he shall have violated any by-law, rule, or regulation, of the said corporation, president, censors, and treasurer of the said corporation shall then, and in every such case, and after such previous notice to, ex officio be of the council of the said corporation. 22. That the present censors of the corporation shall conand such hearing of, such fellow or member, as, under the circumstances, the president and censors of the said corpora- tinue to be the censors thereof until new censors shall have tion shall think proper, it shall be lawful for a majority of the been actually elected in their place; and that on the day after fellows present, at a meeting of the fellows, to declare such Palm Sunday, in the year one thousand eight hundred and fellow or member to be expelled from the said corporation, , and on the same day in every subsequent year, and thereupon every such fellow or member shall cease to be four new censors shall be elected; and censors going out of a member or a member and fellow of the said corporation, as office shall be re-eligible, and the censors to be elected as.
the
accordingly, and all the privileges granted to aforesaid shall remain in office until other censors shall acmember and fellow, as the case may be, shall tually have been elected in their place. 23. That on the day for electing censors the council shall cease and be extinguished. 13. That the present president of the corporation shall con- nominate four of the fellows of the said corporation to be protinue to be president of the said corporation until a new posed to the fellows, to be by them elected censors; but if president shall be actually appointed in his place, and that any fellow or fellows so nominated shall not be elected a upon the day next after Palm Sunday, in the year 18 , and censor or censors by a majority of the fellows present at the case
may be
such member
or
on the same day in every subsequent year, a new president of the said corporation shall be elected at a meeting of the fellows of the said corporation, but the retiring president shall always be capable of being re-elected, and every president shall remain in office until the actual election of the new
president.
meeting of the fellows held for the election president, the council of the said corporation shall, out of the first fifty fellows in the list of fellows of the said corporation, nominate some one of such fifty fellows to be proposed to the fellows of the said corporation, to be by them r4. That at the
of the
new
elected president; but if the-fellow so nominated shall not be elected president by a majority of the fellows present at such meeting, another fellow shall in like manner be nominated by the council, out of the first fifty fellows in the list of fellows, to be proposed as aforesaid, and so on, until a prasident shall have been elected. The election of president shall be taken by ballot, and in case of any difference in the council concerning their selection of a president, the president nominated by the majority shall Le proposed to the fellows, and in case of an equality of votes in the council, the senior fellow so nominated shall be so proposed. 15. That in case of the death or resignation of the president for the time being, a new president shall with all convenient speed be elected in his place, such election to be made in all respects in the same manner as is provided by the last pre-
ceding regulation.
16. That at any time before or at the meeting of the fellows of the said corporation, after the meeting of the fellows at which the president of the said corporation shall have been
elected, the president so elected shall appoint four fellows out of the first fifty on the list of fellows, which four fellows shall be called vice-presidents, any one of whom may act as president in the temporary absence of the president, upon his desire to such effect to any such such president expressing vice-president, ui writing, or to the registrar; and in case of the death of the president, the first vice-president, for the time being, in the list of vice-presidents, shall act
as
president
meeting, another fellow or fellows shall be nominated at such meeting by the council, to be proposed to the fellows, and so
until four censors shall have been elected. The election of censors shall be taken by ballot. In case of a difference in the council concerning the nomination of censors, the censors nominated by the majority shall be proposed to the fellows; and in case of an equality of votes in the council, the president shall have a casting vote. 24. That in case of the death or resignation of any one of the censors for the time being, a new censor shall; with all convenient speed, be elected in his place, such election to be made in the same manner as is provided by the last regulation. 25. That the present treasurer of the corporation shall continue to be treasurer of’ the said corporation until a new treasurer sliall be actually elected in his place; and that on the day after Palm Sunday, in the year one thousand eight hundred and , and on the same day in every subsequent year, the president shall nominate one of the fellows to be elected by the fellows as treasurer, in the same manner, in all respects, as is before appointed for the election of censors by the fellows, and the treasurer shall be re-eligible, and every treasurer shall remain in office until a new treasurer shall be actually elected in his place. 26. That in case of the death or resignation of the treasurer for the time being, a new treasurer shall with all convenient speed be elected in his place, such election to be made, in all respects, in the same manner as is provided by the last preon
ceding regulation.
27. That the present registrar of the said corporation shall continue to be the registrar of the said corporation until a new registrar shall be actually elected in his place; and that on the day after Palm Sunday, in the year 18 , and on the same day in every subsequent year, the president shall nominate one of the fellows to be elected by the fellows as registrar, in the same manner, in all respects, as is before appointed for the election of censors by the fellows, and the registrar shall be re-eligible, and every registrar shall remain in office until a new registrar shall be actually elected in his place.
531 28. That in case of the death or resignation of the registrar for the time being, a new registrar shall with all convenient speed be elected in his place, such election to be made in all respects in the same manner as is provided by the last -
other omission, imperfection, defect, matter, cause, or thing whatsoever to the contrary thereof in anywise notwithtanding. In witness whereof, we have caused these our letters to be made patent. Witness ourself, at our palace at Westminster, this day of , in the year of our
preceding regulation. 29. That the president, council, censors, treasurer, and reign. registrar, shall be considered as remaining in office during the whole of the day on which their successors shall be UNIVERSITY elected.
30. That the said corporation may, from time to time, by a by-law, change the day hereby appointed for any election to take place, and if, from any cause whatsoever, any election shall not take place on the day hereby or by any by-law appointed for that purpose, the same shall take place on some other day appointed for that purpose by the said corporation. 31. That proxies shall not be allowed at any election. And we do hereby, for us and our heirs and successors, further grant, that the duties, powers, and privileges of and incident to the said respective offices, shall, except so far as the same are varied by these presents, and subject to any variations therein which may be made by the said corporation, continue to be the same as the duties, powers, and privileges of the same offices respectively now are. And we do hereby, for us and our heirs and successors, further grant, that it shall be lawful for the said corporation to admit, as a member of the said corporation, any person who shall have exceeded tha age of forty years, on the production, to the censors of the said corporation, of such testimonials of professional education as shall be satisfactory to such censors, and on passing the usual examination before the censors; and such person shall, after such his admission as a member of the said corporation, be entitled to have and use the degree or designation of doctor of medicine. And we do hereby, for us and our heirs and successors, further give and grant unto the said corporation, full and lawful power and authority to hold, possess, and enjoy, for the use and benefit of the said corporation, all iranors,
messuages, lands, tenements, rents, services, possessions, or hereditaments whatsoever, (whether the same are or shall be holden of us, our heirs and successors, or of any other person or persons whatsoever,) already given, granted, sold, aliened, assigned, disposed of, devised, or bequeathed unto or to the use of or in trust for the said corporation; and to have, hold, take, purchase, receive, possess, and enjoy, for the use of the said corporation, any other manors, messuages, lands, tenements, rents, services, possessions, or hereditaments whatsoever, (whether the same are or shall be held of us, our heirs and successors, or of any other person or persons whomsoever,) so as that such other manors, messuages, lands, tenements, rents, services, possessions, or hereditaments hereinafter to be
had, holden, taken, purchased, received, possessed, or enjoyed by the said corporation, shall not, at any one time, exceed in value the clear yearly value of ;S10,000 above all reprises, according to the value thereof, when respectively acquired by the said corporation. And we do hereby, for us and our heirs and successors, further give and grant unto every subject or subjects whatsoever of us our heirs and successors, whether incorporated or not incorporated, special licence, power, faculty, and authority, to give, grant, sell, alien, assign, dispose of, devise, or bequeath unto the said corporation, for the use and benefit of the said corporation, any manors, messuages, lands, tenements, rents, services, possessions, or hereditaments whatsoever, (whether
the same are or shall be holden of us, our heirs and successors, or of any other person or persons whatsoever,) so as that the same do no at any one time exceed, in the whole, the clear yearly value of ;E10,000 above all reprises, according to the value thereof respectively when acquired by the said corporation. And we do hereby, for us and our heirs and successors, further grant that all the said provisions, in the said act of parliament of our present reign, shall be, and the same are hereby expressly confirmed, in such and the same manner, to all intents, constructions, and purposes, as the same might have been by being herein repeated; but this present provision shall not be deemed in any way to weaken, control, or affect the provisions of the same act of parliament or any of them. And we do hereby, for us, our heirs and successors, further unto the said corporation and their successors, that grant these our letters patent, or the enrolment or exemplification thereof, shall be in and by all things good, firm, valid, sufficient, and effectual in the law, according to the true intent and meaning thereof, notwithstanding the not fully or duly reciting the said letters patent, or the date thereof, or any
COLLEGE AND HOSPITAL.
[RESIGNATION
OF PROFESSOR
COOPER.]
Right H on. Lord Brougham, the Right Hon. the Earl of A uckland, and the other members of the Coicracil of University College, London. My LORDS AND GENTLEMKN,—When Mr. Liston’s health began to suffer, in the autumn of last year, he apprised me of his inability to continue the usual assistance in the surgical lec. tures, and I therefore requested you, in a letter, dated the 4th of August, 1847, to appoint some other party to give the aid since permanently lost by Mr. Liston’s death. I simply To the
asked for what had been already conceded and acted upon for several years. The senate officially approved and recommended this arrangement at their meeting on the 14th of July, 1840, and it was formally sanctioned by yourselves on the 18th of the same month. To my letter of the 4th of August, 1847, Mr. Atkinson was directed to return me, in a letter, dated the 9th of that month, your thanks for that communication, and to acquaint me "that the council will take an early opportunity of ascertaining by what iazclivicl2:ccl the most fitti2g* assistance can be rendered to you." Here, then, was a distinct promise, made by yourselves, the highest authorities in the college, that the previous assistance should be continued; the only point remaining to be settled being the individual who shotùd render it. Numerous precedents might be cited from other great medical schools in proof of there being nothing very irregular in my a.pplication. Sir Astley Cooper and Mr. Travers, Mr. Aston Key and Mr. Morgan, Professor Green and Mr. Solly, Mr. Babington and Mr. Caosar Hawkins, as well as many others, all lectured jointly at each of their respective schools, and with no more detriment to those schools than the association of another lecturer with me was to that of University College. In addition to these facts, I enjoyed the esteem of my class; its strength and discipline were satisfactorily maintained ; in proficiency it was equal to any other surgical class in the world; and I was continually receiving marks of its gratitude for the efficient instruction communicated to it. My first class consisted of 100, which number gradually increased to 30’7 ; but subsequently fell to less than 200, in consequence of certain regulations, depressing all the medical schools of the metropolis. Though my health was sometimes disturbed, in no session did I ever fail to deliver between sixty and seventy lectures out of one hundred. Under these circumstances, my lords’and gentlemen, many of you will be at a loss to understand why the promise, deliberately made to me by the council in the letter dated the 9th of last August, as well as in another, dated the 18th of July, 1840, was gradually receded from; being first altered to a limitation of the service of the gentleman named to give the assistance, expressly to one session; and then virtually, so far as your committee could have carried the day, to a complete refusal of it, and why I have been obliged to send in my
resignation. The only explanation which can be given is this: Subsequently to the 9th of August, the date of the letter, conveying
the last distinct assurance of the council, that I should have the assistance solicited, the two anatomical professors have not always found me subservient enough to their projects in the dominion they are well known to assume over the medical department of the college; and, in particular, I was obliged, last October, publicly in the medical committee of the hospital, to express my disapproval of the long delay that had taken place in filling up the assistant-surgeoncy, vacant by the death of Mr. Potter, and also of the appropriation of a part of the hospital, under the name of an Eye Infirmary, exclusively to Professor Quain. These gentlemen perceived in me, then, an independent member of University College, determined to object to whatever he might conscientiously deem unfair, disadvantageous, or not creditable to the insti-
* The use of the participle present for the adjective occurs also in Dr. Sharpey’ letter, inserted in the London lIfedical Gazette of the 2gth ultimo. Has Dr. Sharpey, then, been peeping into the archives of the council, and extracted from them the expression ? or is the coincidence purely accidental?
529
tion of the said corporation. Now know ye, that we, taking the premises into our royal consideration, of our especial grace, certain knowledge, and mere motion, have granted, declared, ordained, and appointed, and by these presents for us, our heirs and successors, do grant, declare, ordain, and appoint, in
last two months, an activity which is well calculated to astonish those who think that a man who indulges much in general conceptions is unfit for practical life. It should not be omitted, that M. BucHEZ, who attended with as much zeal to his professional duties as to his literary pursuits, has constantly resided in " a little room under the leads," has ever been extremely abstemious, and has preserved all the simple and unassuming habits of an unpretending agriculturist.
following, to wit,corporation shall henceforth be styledThe Royal College of Physicians of England." 2. That the said corporation shall consist of fellows and members, including a president and council, four vice-presidents, four censors, a treasurer, and a registrar. 3. That all the present licentiates of the said corporation shall be members of the said corporation. manner
1. That the said
4. That each of the present extra licentiates of the said may be admitted a member of the said corporation on the production to the said censors of the said corporaWE think it best, in order to avoid all disputes and unnecessary tion of testimonials of character which shall be satisfactory criticisms, to publish the official copy of this document, as it to the said censors, and on his assuring the said censors that has been just forwarded to us from the College of Physicians. he is not engaged in the practice of pharmacy, and on his paying to the said corporation a fee of fifteen pounds fifteen ŅED. L. shillings, exclusive of the stamp duty. To the Editor of THE LANCET. 5. That every person practising as a physician in England SIR,-I beg to inclose you (for insertion in THE LANCET) a, or Wales, and who shall have taken the degree of doctor in correct copy of the proposed new Charter for the Royal medicine at any university in the United Kingdom of Great Britain and Ireland, after regular examination at least three College of Physicians.-I am, Sir, your obedient servant, JOHND. B. SEDGWICK. College of Physicians, May 8, 1848. calendar months previously to the date of these our letters patent, and also every person who shall have received a Victoria, by the grace of God of the United Kingdom of licence to practise physic from either of the Universities of Great Britain and Ireland Queen, Defender of the Faith, to Oxford or Cambridge, and also every person practising as a all to whom these presents shall come, greeting,ŅWhereas the physician in England or Wales, who shall have taken the commonalty or fellowship of the Royal College of Physicians degree of doctor in medicine at any foreign university at least in London have by their petition humbly represented unto us three months previously to the date of these our letters that the said college was incorporated by letters patent, patent, after regular examination, and after having resided bearing date the 23rd day of September, in the tenth year of during a period of not less than two years in an university, the reign of King Henry the Eighth, which letters patent and also every person practising as a physician in England or were confirmed by an Act passed in the session of parliament Wales, who shall have been for a period of not less than holden in the fourteenth and fifteenth years of the reign of I three months previously to the date of these our letters King Henry the Eighth, intituled, " The Privileges and patent a fellow of the Royal College of Physicians of EdinAuthority of Physicians in London," and that by such act of burgh, or a fellow of the Royal College of Physicians of parliament certain other powers and privileges were granted Dublin, who not having taken the degree of doctor in medito the said commonalty: And whereas the said college has cine in any British or foreign university, shall have resided also represented unto us, that since the making of the said during a period of not less than two years in an university, letters patent divers other charters have been granted to the and who shall have been admitted as a fellow of such Royal said college: And whereas the said college has also repre- College of Edinburgh or Dublin, as the case may be, after sented unto us that by an act of parliament made and passed regular examination, provided such person shall have attained in the present year of our reign, intituled, " An Act making the age of twenty-six years, and shall not be engaged in the Provision for the Granting a new Charter to the College of practice of pharmacy, shall, at any time within twelve calendar Physicians," after reciting or as to the effect hereinbefore months from the acceptance of these our letters patent stated, and that it was expedient that certain changes should by the said corporation, in the manner mentioned in the act be made in the constitution of the said college, and parti- of parliament hereinbefore stated to have been passed in the cularly that new regulations should be made for the election present year of our reign, be admitted a member of the said of the officers of the said college, it was enacted that it should corporation, without any examination, on the production to be lawful for the said corporation to surrender all the charters the censors of the said corporation of his diploma, and of which had theretofore been granted to them other than and ex- such testimonials of character and professional qualifications cept the said charter of King Henry the Eiglith, and also so much as sliall be satisfactory to such censors, and on his proving and such part of t!ie last-mentioned charter as should be in himself to be of the said age, and on his assuring such censors anywise inconsistent with, or repugnant to, any new charter that he is not engaged in pharmacy, and on his paying to the to be granted to them by us, and that it should be lawful for said corporation a fee of fifteen pounds fifteen shillings, exclusive of the stamp duty. us to grant, and for the said corporation to accept from us, a 6. That any person who, after regular examination, shall new charter, which charter might make such alterations as should be deemed by us expedient in the constitution of the have taken a degree in medicine at any university in the said corporation,and might, if we should so think proper,change United Kingdom of Great Britain and Ireland, or at any the name of the same corporation; and further, that when and foreign university to be from time to time recognised by the said corporation, and who sliall have attained the age of so soon as the said corporation, under their then present common seal, should have accepted any new charter, so to be twenty-six years, and sliall not be engaged in the practice of granted as aforesaid, the acceptance thereof should operate pharmacy, and shall have gone through such course of as a surrender of all the other charters of the said corporation, studies, and who shall have passed such examination before except the said charter of King Henry the Eighth, and should the censors of the said corporation, touching his knowledge also operate as a surrender of the said charter of King Henry of medical and general science and literature, and complied the Eighth, and as a repeal of the first-mentioned act of with such other regulations as are or shall be required by the parliament, so far as the same should be inconsistent with, or by-laws of the said corporation, shall be entitled to become a repugnant to, such new charter: And further, that from and member of the said corporation without being subject to any after such acceptance of such new charter, the said charter other election. of Henry the Eighth should stand and be ratified and con7. That the present fellows of the said corporation shall firmed, except so far as the same should be so surrendered as continue to be fellows of the said corporation. 8. That every member who shall be admitted a member of aforesaid: Provided always, that nothing therein contained should extend to authorize us to create any new restriction the said corporation, as hereinbefore mentioned, who shall be in the practice of physic, or to grant -to the said corporation desirous of becoming a fellow of the said corporation, shall, any new powers or privileges contrary to the common law of after the expiration of one year from the time of his having the land, and that no such new charter, whether the name of the been examined for his licence to practise medicine, be capable corporation should be changed or not, should in anywise pre- of being elected a fellow thereof, provided he shall, in addition of to the examination hereinbefore mentioned, at any time after judice, affect, or annul any of the existing statutes the said corporation further than should be necessary for giving the expiration of one year from that examination, have passed full and comptete effect to the alterations which should be such further examination before the censor of the said college, intended to be effected by such new charter in the constitu- touching his knowledge of medical and general science and
ROYAL COLLEGE OF PHYSICIANS.—DRAFT OF THE PROPOSED NEW CHARTER.
corporation
I I
or by-laws
530 literature, and complied with such other regulations as are or until a president shall have been appointed, and the presentshall be required by the by-laws of the said corporation; pro- president of the said corporation shall, at the meeting of the vided, nevertheless, that such member shall not be capable of fellows of the said corporation next after the granting of these being actually elected a fellow as aforesaid, unless or until he our letters patent, appoint four vice-presidents for the purshall have attained the age of thirty years. poses aforesaid. 9. That during the period of five years, to be computed from 17. That the vice-presidents shall cease to be vice-presithe date of these our letters patent, every person, who, accord- dents when a new president shall have been appointed in the ing to the present regulations of the said corporation, might place of the president by whom they were nominated. be elected a fellow thereof, shall be capable of being elected 18. That there shall be sixteen fellows on the council of the a fellow thereof on the terms on which he would have been said corporation. entitled to be elected a fellow thereof if this charter had not 19. That the present council of the said corporation shall been granted. continue to be the council of the said corporation until a new 10. That after the expiration of the period of five years, to council shall have been actually elected in their place, and be computed from the date of these our letters patent, the that, on the twenty-second day ofD2cembernext,fourfellows council of the said college shall have the power to nominate shall be elected to make up the number of the council to sixyearly two members thereof, who, in the opinion of the coun- teen, and that, on the twenty-second day of December, 18 , cil, shall have distinguished themselves in the pursuit of and on the same day in every year, (except when the same science or literature, to be proposed to the fellows for election shall fall on a Sunday, and then on the twenty-third day of as fellows, provided the members so to be nominated shall December,) four of the council shall go out of office and four have been members of the said corporation for a period of not fellows shall be elected of the council, but the fellows going out of office shall not be re-eligible until they have been one less than four years. 11. That the fellows of the said corporation shall be elected year out of office, and the fellows to be elected as aforesaid, at a meeting of the fellows, and such meeting shall be held shall remain in office until others shall have been actually yearly, on the 25th day of June, unless the same shall fall on elected in their place, and that on the same day other fellows a Sunday, and then 011 the 26th day of June, and the first of shall be elected to the council to fill up vacancies occasioned such meetings shall be held on the 25th day of June, (or 26th by death or resignation since the last election. 20. That the council shall be elected by the fellows out of day of June,) 18 . 12. That if it shall at any time hereafter appear, that any their own body, by ballot, either by list or otherwise, as the present or future fellow or member of the said corporation said corporation sliall from time to time determine by the byshall have obtained admission to the said corporation by any laws 21. That in addition to the sixteen fellows so elected, the fraud, false statement, or imposition, or that he shall have violated any by-law, rule, or regulation, of the said corporation, president, censors, and treasurer of the said corporation shall then, and in every such case, and after such previous notice to, ex officio be of the council of the said corporation. 22. That the present censors of the corporation shall conand such hearing of, such fellow or member, as, under the circumstances, the president and censors of the said corpora- tinue to be the censors thereof until new censors shall have tion shall think proper, it shall be lawful for a majority of the been actually elected in their place; and that on the day after fellows present, at a meeting of the fellows, to declare such Palm Sunday, in the year one thousand eight hundred and fellow or member to be expelled from the said corporation, , and on the same day in every subsequent year, and thereupon every such fellow or member shall cease to be four new censors shall be elected; and censors going out of a member or a member and fellow of the said corporation, as office shall be re-eligible, and the censors to be elected as.
the
accordingly, and all the privileges granted to aforesaid shall remain in office until other censors shall acmember and fellow, as the case may be, shall tually have been elected in their place. 23. That on the day for electing censors the council shall cease and be extinguished. 13. That the present president of the corporation shall con- nominate four of the fellows of the said corporation to be protinue to be president of the said corporation until a new posed to the fellows, to be by them elected censors; but if president shall be actually appointed in his place, and that any fellow or fellows so nominated shall not be elected a upon the day next after Palm Sunday, in the year 18 , and censor or censors by a majority of the fellows present at the case
may be
such member
or
on the same day in every subsequent year, a new president of the said corporation shall be elected at a meeting of the fellows of the said corporation, but the retiring president shall always be capable of being re-elected, and every president shall remain in office until the actual election of the new
president.
meeting of the fellows held for the election president, the council of the said corporation shall, out of the first fifty fellows in the list of fellows of the said corporation, nominate some one of such fifty fellows to be proposed to the fellows of the said corporation, to be by them r4. That at the
of the
new
elected president; but if the-fellow so nominated shall not be elected president by a majority of the fellows present at such meeting, another fellow shall in like manner be nominated by the council, out of the first fifty fellows in the list of fellows, to be proposed as aforesaid, and so on, until a prasident shall have been elected. The election of president shall be taken by ballot, and in case of any difference in the council concerning their selection of a president, the president nominated by the majority shall Le proposed to the fellows, and in case of an equality of votes in the council, the senior fellow so nominated shall be so proposed. 15. That in case of the death or resignation of the president for the time being, a new president shall with all convenient speed be elected in his place, such election to be made in all respects in the same manner as is provided by the last pre-
ceding regulation.
16. That at any time before or at the meeting of the fellows of the said corporation, after the meeting of the fellows at which the president of the said corporation shall have been
elected, the president so elected shall appoint four fellows out of the first fifty on the list of fellows, which four fellows shall be called vice-presidents, any one of whom may act as president in the temporary absence of the president, upon his desire to such effect to any such such president expressing vice-president, ui writing, or to the registrar; and in case of the death of the president, the first vice-president, for the time being, in the list of vice-presidents, shall act
as
president
meeting, another fellow or fellows shall be nominated at such meeting by the council, to be proposed to the fellows, and so
until four censors shall have been elected. The election of censors shall be taken by ballot. In case of a difference in the council concerning the nomination of censors, the censors nominated by the majority shall be proposed to the fellows; and in case of an equality of votes in the council, the president shall have a casting vote. 24. That in case of the death or resignation of any one of the censors for the time being, a new censor shall; with all convenient speed, be elected in his place, such election to be made in the same manner as is provided by the last regulation. 25. That the present treasurer of the corporation shall continue to be treasurer of’ the said corporation until a new treasurer sliall be actually elected in his place; and that on the day after Palm Sunday, in the year one thousand eight hundred and , and on the same day in every subsequent year, the president shall nominate one of the fellows to be elected by the fellows as treasurer, in the same manner, in all respects, as is before appointed for the election of censors by the fellows, and the treasurer shall be re-eligible, and every treasurer shall remain in office until a new treasurer shall be actually elected in his place. 26. That in case of the death or resignation of the treasurer for the time being, a new treasurer shall with all convenient speed be elected in his place, such election to be made, in all respects, in the same manner as is provided by the last preon
ceding regulation.
27. That the present registrar of the said corporation shall continue to be the registrar of the said corporation until a new registrar shall be actually elected in his place; and that on the day after Palm Sunday, in the year 18 , and on the same day in every subsequent year, the president shall nominate one of the fellows to be elected by the fellows as registrar, in the same manner, in all respects, as is before appointed for the election of censors by the fellows, and the registrar shall be re-eligible, and every registrar shall remain in office until a new registrar shall be actually elected in his place.
531 28. That in case of the death or resignation of the registrar for the time being, a new registrar shall with all convenient speed be elected in his place, such election to be made in all respects in the same manner as is provided by the last -
other omission, imperfection, defect, matter, cause, or thing whatsoever to the contrary thereof in anywise notwithtanding. In witness whereof, we have caused these our letters to be made patent. Witness ourself, at our palace at Westminster, this day of , in the year of our
preceding regulation. 29. That the president, council, censors, treasurer, and reign. registrar, shall be considered as remaining in office during the whole of the day on which their successors shall be UNIVERSITY elected.
30. That the said corporation may, from time to time, by a by-law, change the day hereby appointed for any election to take place, and if, from any cause whatsoever, any election shall not take place on the day hereby or by any by-law appointed for that purpose, the same shall take place on some other day appointed for that purpose by the said corporation. 31. That proxies shall not be allowed at any election. And we do hereby, for us and our heirs and successors, further grant, that the duties, powers, and privileges of and incident to the said respective offices, shall, except so far as the same are varied by these presents, and subject to any variations therein which may be made by the said corporation, continue to be the same as the duties, powers, and privileges of the same offices respectively now are. And we do hereby, for us and our heirs and successors, further grant, that it shall be lawful for the said corporation to admit, as a member of the said corporation, any person who shall have exceeded tha age of forty years, on the production, to the censors of the said corporation, of such testimonials of professional education as shall be satisfactory to such censors, and on passing the usual examination before the censors; and such person shall, after such his admission as a member of the said corporation, be entitled to have and use the degree or designation of doctor of medicine. And we do hereby, for us and our heirs and successors, further give and grant unto the said corporation, full and lawful power and authority to hold, possess, and enjoy, for the use and benefit of the said corporation, all iranors,
messuages, lands, tenements, rents, services, possessions, or hereditaments whatsoever, (whether the same are or shall be holden of us, our heirs and successors, or of any other person or persons whatsoever,) already given, granted, sold, aliened, assigned, disposed of, devised, or bequeathed unto or to the use of or in trust for the said corporation; and to have, hold, take, purchase, receive, possess, and enjoy, for the use of the said corporation, any other manors, messuages, lands, tenements, rents, services, possessions, or hereditaments whatsoever, (whether the same are or shall be held of us, our heirs and successors, or of any other person or persons whomsoever,) so as that such other manors, messuages, lands, tenements, rents, services, possessions, or hereditaments hereinafter to be
had, holden, taken, purchased, received, possessed, or enjoyed by the said corporation, shall not, at any one time, exceed in value the clear yearly value of ;S10,000 above all reprises, according to the value thereof, when respectively acquired by the said corporation. And we do hereby, for us and our heirs and successors, further give and grant unto every subject or subjects whatsoever of us our heirs and successors, whether incorporated or not incorporated, special licence, power, faculty, and authority, to give, grant, sell, alien, assign, dispose of, devise, or bequeath unto the said corporation, for the use and benefit of the said corporation, any manors, messuages, lands, tenements, rents, services, possessions, or hereditaments whatsoever, (whether
the same are or shall be holden of us, our heirs and successors, or of any other person or persons whatsoever,) so as that the same do no at any one time exceed, in the whole, the clear yearly value of ;E10,000 above all reprises, according to the value thereof respectively when acquired by the said corporation. And we do hereby, for us and our heirs and successors, further grant that all the said provisions, in the said act of parliament of our present reign, shall be, and the same are hereby expressly confirmed, in such and the same manner, to all intents, constructions, and purposes, as the same might have been by being herein repeated; but this present provision shall not be deemed in any way to weaken, control, or affect the provisions of the same act of parliament or any of them. And we do hereby, for us, our heirs and successors, further unto the said corporation and their successors, that grant these our letters patent, or the enrolment or exemplification thereof, shall be in and by all things good, firm, valid, sufficient, and effectual in the law, according to the true intent and meaning thereof, notwithstanding the not fully or duly reciting the said letters patent, or the date thereof, or any
COLLEGE AND HOSPITAL.
[RESIGNATION
OF PROFESSOR
COOPER.]
Right H on. Lord Brougham, the Right Hon. the Earl of A uckland, and the other members of the Coicracil of University College, London. My LORDS AND GENTLEMKN,—When Mr. Liston’s health began to suffer, in the autumn of last year, he apprised me of his inability to continue the usual assistance in the surgical lec. tures, and I therefore requested you, in a letter, dated the 4th of August, 1847, to appoint some other party to give the aid since permanently lost by Mr. Liston’s death. I simply To the
asked for what had been already conceded and acted upon for several years. The senate officially approved and recommended this arrangement at their meeting on the 14th of July, 1840, and it was formally sanctioned by yourselves on the 18th of the same month. To my letter of the 4th of August, 1847, Mr. Atkinson was directed to return me, in a letter, dated the 9th of that month, your thanks for that communication, and to acquaint me "that the council will take an early opportunity of ascertaining by what iazclivicl2:ccl the most fitti2g* assistance can be rendered to you." Here, then, was a distinct promise, made by yourselves, the highest authorities in the college, that the previous assistance should be continued; the only point remaining to be settled being the individual who shotùd render it. Numerous precedents might be cited from other great medical schools in proof of there being nothing very irregular in my a.pplication. Sir Astley Cooper and Mr. Travers, Mr. Aston Key and Mr. Morgan, Professor Green and Mr. Solly, Mr. Babington and Mr. Caosar Hawkins, as well as many others, all lectured jointly at each of their respective schools, and with no more detriment to those schools than the association of another lecturer with me was to that of University College. In addition to these facts, I enjoyed the esteem of my class; its strength and discipline were satisfactorily maintained ; in proficiency it was equal to any other surgical class in the world; and I was continually receiving marks of its gratitude for the efficient instruction communicated to it. My first class consisted of 100, which number gradually increased to 30’7 ; but subsequently fell to less than 200, in consequence of certain regulations, depressing all the medical schools of the metropolis. Though my health was sometimes disturbed, in no session did I ever fail to deliver between sixty and seventy lectures out of one hundred. Under these circumstances, my lords’and gentlemen, many of you will be at a loss to understand why the promise, deliberately made to me by the council in the letter dated the 9th of last August, as well as in another, dated the 18th of July, 1840, was gradually receded from; being first altered to a limitation of the service of the gentleman named to give the assistance, expressly to one session; and then virtually, so far as your committee could have carried the day, to a complete refusal of it, and why I have been obliged to send in my
resignation. The only explanation which can be given is this: Subsequently to the 9th of August, the date of the letter, conveying
the last distinct assurance of the council, that I should have the assistance solicited, the two anatomical professors have not always found me subservient enough to their projects in the dominion they are well known to assume over the medical department of the college; and, in particular, I was obliged, last October, publicly in the medical committee of the hospital, to express my disapproval of the long delay that had taken place in filling up the assistant-surgeoncy, vacant by the death of Mr. Potter, and also of the appropriation of a part of the hospital, under the name of an Eye Infirmary, exclusively to Professor Quain. These gentlemen perceived in me, then, an independent member of University College, determined to object to whatever he might conscientiously deem unfair, disadvantageous, or not creditable to the insti-
* The use of the participle present for the adjective occurs also in Dr. Sharpey’ letter, inserted in the London lIfedical Gazette of the 2gth ultimo. Has Dr. Sharpey, then, been peeping into the archives of the council, and extracted from them the expression ? or is the coincidence purely accidental?