brown William rise plaintiff in error the college OF physician London  defendant in error that march Mews dig ringtail see Thompson v Lewis c and p a  apothecary and freeman of London attend a patient and make up and administer  proper medicine to he but without have a licence from the faculty or the  direction of a physician or demand or take any fee for his advice hold that  this do not amount to a practice of physic within the meaning of the statute  and Henry c judgement of king b reverse see vin Abr title physician etcetera  for a more full explanation of this and other act on the same subject Mod  viner vol p note to can salk in the that year of Henry the defendant be  incorporate and in the letter patent grant for that purpose which be confirm  by stat and Henry c be inter alian the follow clause to go away etian the same  presidency et college seu cammunitati et successor nest quod nemio in dictam  community or per seven mile in revolution the same to drive dictam means nisi  ad hoc per dict to guard et partnership seu successor the dawn who pro tempore  to be admission sit per the same to guard et college litter seal his common  adorned with small figures sub penalty centum undivided pro whithersoever you  please mensae quo non admission the same means to drive half ind we et heir  our men et half speech presidency et coll applicand the plaintiff who be a  apothecary and freeman of London attend one seal a butcher in the parish of  saint Martin in the field and make up and administer proper medicine to he but  without any licence from the faculty and brown er p also without the direction  of any physician and without take or demand any fee for his advice the  defendant apprehend this conduct to be a infringement of their privilege bring  their action against the plaintiff to recover the penalty of pound per month  under the above clause in their charter and on the trial the jury find a  special verdict state the charter the confirmatory statute and the fact of the  case and submit to the court whether the defendant rise do practice physic  within the intent of the letter patent and act of parliament and after this  verdict have be three several time argue in the court of queen bench the judge  be unanimous of opinion that the fact find do amount to the practice physic  within the meaning of the act of parliament and give judgement accord brown  hereupon a writ of error in parliament be bring to reverse this judgement on  behalf of the plaintiff in error it be argue S Dodd that the consequence of it  will not only ruin he but all other apothecary as in case of the affirmance of  this judgement they can not exercise their profession without the licence of a  physician that the constant usage and practice which have always be with the  apothecary be conceive to be the best expounder of this charter and that  therefore the sell a few lozenge or a small electuary to any person ask a  remedy for a cold or in other ordinary or common case where the medicine have  a know and certain effect can not be deem unlawful or practice as a physician  when no fee be take or demand for the same that the physician by strain a act  make so long ago endeavour to monopolize all manner of physic sole to  themselves and if they shall succeed in this attempt it will be attend with  many mischievous consequence for in the first place it will be lie a heavy tax  on the nobility and gentry who in the slight case and even for their common  servant can not have any kind of medicine without consult and give a fee to a  member of the college it will also be a great oppression upon poor family who  not be able to bear the charger of a fee will be deprive of all kind of  assistance in their necessity and it will prove extreme prejudicial to all  sick person who in case of sudden accident or new symptom happen in the  nighttime general send for the apothecary but who shall not dare to apply the  least remedy without run the hazard of be ruin on the other side it be contend  f brown that by several order of the college its member be enjoin to give  their advice to the poor gratis and that not only to such as can come to then  for it but every physician in his neighbourhood be oblige to visit the sick  poor at their own lodging and therefore the objection that if the apothecary  can not administer physic but by the prescript of a physician the poor sort of  people will be lose for want of proper remedy have not the least foundation  and when these order be observe not to have their full intend effect on  account of the high prince which the apothecary general demand for the remedy  prescribe whereby the poor be deter from consult the physician for fear of the  charge of the physic the college by a joint stock erect several dispensary in  town where after the physician have give their advice gratis the patient may  have the physic prescribe for a three and general less of what the apothecary  use to exact for it by which expedient many hundred person of mean condition  receive their cure at a very small expense and without one farthing profit  arise to the physician that in case of sudden and immediate necessity not only  apothecary but any other person may do his best to relieve his neighbour  without incur the penalty of the law but there be no reason why the apothecary  under that pretence shall be permit to brown undertake at leisure all  dangerous disease and especial where as in this city at least a skilful  physician may be as soon have as a apothecary that in common or trifle  indisposition the patient themselves be general their own physician and will  of course send for any medicine of which there have be common experience for  their cure and which the apothecary may lawful make up and sell but for the  apothecary to be permit to judge of disease in their beginning whether slight  or not and to order medicine for the same will prove both dangerous and more  Chargeable dangerous because the most malignant distemper usual begin with  apparent inconsiderable symptom and be many day before they appear in their  proper colour and as apothecary be not breed to have suitable skill the  management brown er p thereof ought not to be leave to their judgement and  more Chargeable because be the disease ever so slight the apothecary will be  sure to prescribe large enough and shall he chance to mistake then that  distemper which by the discreet advice of a physician may by one proper  medicine have be eradicate at the beginning run out into great length to the  extreme hazard and great expense of the patient but after hear counsel on this  writ of error it be order and adjudge that the judgement give in the queen  bench for the precedent and college or commonalty of the faculty of physic  London against the say William rise shall be reverse jour vol p plea