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Medical Jurisprudence, Volume 1 (of 3)

Note 74 — 1. OF THE COLLEGE OF PHYSICIANS.

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It is true that the College has no means of punishing the disobedient in the country, because the Statute is not supported by penalties; but it must be remembered that the acting in defiance of a Statute is in itself a misdemeanour. According to the opinion of Chief Justice Mansfield, a Doctor’s Diploma does not itself entitle the possessor to practise in the country parts (provinces) of England. He must be an Extra-Licentiate of the Royal College of Physicians, or Medical Graduate of an English University. The provincial physician, unless thus protected, is placed under very humiliating circumstances; he is only a doctor by courtesy, and therefore cannot claim rank, or defend himself in courts of law. In a cause tried at Stafford before Judge Mansfield, a physician who had graduated in Scotland, having been grossly abused in his professional capacity, sued for redress, but could obtain none, because he had not complied with the act of Henry the 8th. Middleton v. Hughes. See Harrison’s Address. 62.

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