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Chapter 8—Controlling Information Systems: Introduction to Pervasive Controls
TRUE/FALSE
1. IT governance is a process that ensures that the organization's IT sustains and extends the
organization's strategies and objectives.
ANS: T PTS: 1
2. According to COBIT, IT resources include applications, information, infrastructure, and people.
ANS: T PTS: 1
3. According to COBIT, IT resources must be managed by IT control processes to ensure that an
organization has the information it needs to achieve its objectives.
ANS: T PTS: 1
4. The system of controls used in this text consists of the control environment, pervasive control plans, IT
general controls, and business process and application control plans.
ANS: T PTS: 1
5. The information systems function is synonymous with the accounting function.
ANS: F PTS: 1
6. The function composed of people, procedures, and equipment and is typically called the information
systems department, IS department, or the IT department is the information systems organization.
ANS: T PTS: 1
7. The IS function with the responsibility of guiding the IT organization in establishing and meeting user
information requirements is the IT steering committee.
ANS: T PTS: 1
8. The IS function with the principal responsibilities of ensuring the security of all IT resources is data
control.
ANS: F PTS: 1
9. The IS function of quality assurance conducts reviews to ensure the attainment of IT objectives.
ANS: T PTS: 1
10. The chief information officer (CIO) prioritizes and selects IT projects and resources.
ANS: F PTS: 1
11. Within the data center, the data control group is responsible for routing all work into and out of the
data center, correcting errors, and monitoring error correction.

ANS: T PTS: 1
12. The systems development function provides efficient and effective operation of the computer
equipment.
ANS: F PTS: 1
13. Within the data center, the data librarian function grants access to programs, data, and documentation.
ANS: T PTS: 1
14. Combining the functions of authorizing and executing events is a violation of the organizational
control plan known as segregation of duties.
ANS: T PTS: 1
15. Segregation of duties consists of separating the four functions of authorizing events, executing events,
recording events, and safeguarding the resources resulting from consummating the events.
ANS: T PTS: 1
16. Embezzlement is a fraud committed by two or more individuals or departments.
ANS: F PTS: 1
17. A small organization that does not have enough personnel to adequately segregate duties must rely on
alternative controls, commonly called resource controls.
ANS: F PTS: 1
18. The functions of the security officer commonly include assigning passwords and working with human
resources to ensure proper interview practices are conducted during the hiring process.
ANS: T PTS: 1
19. Individual departments coordinate the organizational and IT strategic planning processes and reviews
and approves the strategic IT plan.
ANS: F PTS: 1
20. The policy of requiring an employee to alternate jobs periodically is known as forced vacations.
ANS: F PTS: 1
21. Forced vacations is a policy of requiring an employee to take leave from the job and substitute another
employee in his or her place.
ANS: T PTS: 1
22. A fidelity bond indemnifies a company in case it suffers losses from defalcations committed by its
employees.
ANS: T PTS: 1

23. The WebTrust family of services offers best practices and e-business solutions related exclusively to
B2B electronic commerce.
ANS: F PTS: 1
24. Data encryption is a process that codes data to make it readable to human eye.
ANS: F PTS: 1
25. Systems documentation provides an overall description of the application, including the system's
purpose; an overview of system procedures; and sample source documents, outputs, and reports.
ANS: T PTS: 1
26. Program documentation provides a description of an application program and usually includes the
program's purpose, program flowcharts, and source code listings.
ANS: T PTS: 1
27. The user manual gives detailed instructions to computer operators and to data control about a
particular application.
ANS: F PTS: 1
28. The operations run manual describes user procedures for an application and assists the user in
preparing inputs and using outputs.
ANS: F PTS: 1
29. Training materials help users learn their jobs and perform consistently in those jobs.
ANS: T PTS: 1
30. Program change controls provide assurance that all modifications to programs are authorized and
documented, and that the changes are completed, tested, and properly implemented.
ANS: T PTS: 1
31. Business continuity planning is the process that identifies events that may threaten an organization and
provide a framework whereby the organization will continue to operate when the threatened event
occurs or resume operations with a minimum of disruption.
ANS: T PTS: 1
32. COBIT 5 is more procedure-based than COBIT 4.1
ANS: F PTS: 1
33. With continuous data protection (CDP) all data changes are data stamped and saved to secondary
systems as the changes are happening.
ANS: T PTS: 1

34. The disaster backup and recovery technique known as electronic vaulting is a service whereby data
changes are automatically transmitted over the Internet on a continuous basis to an off-site server
maintained by a third party.
ANS: T PTS: 1
35. The disaster recovery strategy known as a cold site is a fully equipped data center that is made
available to client companies for a monthly subscriber fee.
ANS: F PTS: 1
36. A facility usually comprised of air-conditioned space with a raised floor, telephone connections, and
computer ports, into which a subscriber can move equipment, is called a hot site.
ANS: F PTS: 1
37. In a logic bomb attack, a Web site is overwhelmed by an intentional onslaught of thousands of
simultaneous messages, making it impossible for the attacked site to engage in its normal activities.
ANS: F PTS: 1
38. Biometric identification systems identify authorized personnel through some unique physical trait such
as fingers, hands, voice, eyes, face, or writing dynamics.
ANS: T PTS: 1
39. Antivirus is a technique to protect one network from another "untrusted" network.
ANS: F PTS: 1
40. The most common biometric devices perform retinal eye scans.
ANS: F PTS: 1
41. Access control software ensures that only authorized users gain access to a system through a process
of identification and authentication.
ANS: T PTS: 1
42. Threat monitoring is a technique to protect one network from another "untrusted" network.
ANS: F PTS: 1
43. Application controls restrict access to data, programs, and documentation.
ANS: F PTS: 1
44. An intrusion-detection systems (IDS) logs and monitors who is on or trying to access the network.
ANS: T PTS: 1
45. Intrusion-prevention systems (IPS) actively block unauthorized traffic using rules specified by the
organization.

ANS: T PTS: 1
46. Periodic cleaning, testing, and adjusting of computer equipment is referred to as preventative
maintenance.
ANS: T PTS: 1
47. Computer hacking and cracking is the intentional, unauthorized access to an organization's computer
system, accomplished by bypassing the system's access security controls.
ANS: T PTS: 1
MULTIPLE CHOICE
1. The use of IT resources for enterprise systems and e-business:
a. magnifies the importance of protecting the resources both within and outside of the
organization from risks
b. magnifies the importance of protecting the resources both within but not outside the of the
organization from risks
c. makes it easier to provide internal control risk when IT resources are interlinked
d. none of the above
ANS: A PTS: 1
2. Top 10 management concerns about IT's capability to support an organization's vision and strategy
include all except the following:
a. decline in IT investments during recession
b. overall security of IT assets
c. the Internet
d. need for project management leadership
ANS: C PTS: 1
3. Top security concerns reported by IT security professionals include all the following except:
a. data breaches
b. cyber crimes and cyber attacks
c. data backup
d. workforce mobility
ANS: C PTS: 1
4. Pervasive control plans:
a. are unrelated to applications control plans
b. are a subset of applications control plans
c. influence the effectiveness of applications control plans
d. increase the efficiency of applications control plans
ANS: C PTS: 1
5. COBIT was developed to:
a. provide guidance to managers, users, and auditors on the best practices for the
management of information technology
b. identify specific control plans that should be implemented to reduce the occurrence of
fraud

c. specify the components of an information system that should be installed in an
e-commerce environment
d. suggest the type of information that should be made available for management decision
making
ANS: A PTS: 1
6. The department or function that develops and operates an organization's information systems is often
called the:
a. information systems organization
b. computer operations department
c. controller's office
d. computer technology branch
ANS: A PTS: 1
7. A policy:
a. is a plan or process put in place to guide actions and achieve goals.
b. can compel behavior and enforce penalties for failure to follow.
c. can be used to prevent fraud in an organization.
d. all of the above.
ANS: A PTS: 1
8. COBIT was developed by:
a. COSO
b. IT Governance Institute
c. PCAOB
d. AICPA
ANS: B PTS: 1
9. Quality assurance function:
a. modifies and adapts application software
b. conducts reviews to determine adherence to IT standards
c. analyzes existing applications and proposes solutions
d. supervises applications systems development
ANS: B PTS: 1
10. This IT function's key control concern is that organization and IT strategic objectives are misaligned:
a. CIO
b. quality assurance
c. IT steering committee
d. systems development manager
ANS: C PTS: 1
11. ____ can consist of many computers and related equipment connected together via a network.
a. PCs
b. Servers
c. LAN
d. Firewall
ANS: C PTS: 1

12. In an information systems organization, which of the following reporting relationships makes the least
sense?
a. The data center manager reports to the CIO.
b. The systems development manager reports to the data center manager.
c. Database administration reports to the technical services manager.
d. The data librarian reports to the data center manager.
ANS: B PTS: 1
13. In an information systems organization, all of the following functions might logically report to the data
center manager except:
a. data control
b. computer operations
c. data librarian
d. quality assurance
ANS: D PTS: 1
14. Managing functional units such as networks, CAD/CAM and systems programming typically is a
major duty of:
a. data center manager
b. systems development
c. technical services manager
d. database administrator
ANS: C PTS: 1
15. From the standpoint of achieving the operations system control goal of security of resources, which of
the following segregation of duties possibilities is least important?
a. between systems programming and computer operations
b. between data control and data preparation personnel
c. between systems development and computer operators
d. between technical services and data center
ANS: B PTS: 1
16. A key control concern is that certain people within an organization have easy access to applications
programs and data files. The people are:
a. data librarians
b. systems programmers
c. systems development
d. data center managers
ANS: B PTS: 1
17. Which of the following has the major duties of prioritizing and selecting IT projects and resources?
a. steering committee
b. security officer
c. CIO
ANS: A PTS: 1
18. Which of the following has the responsibility to ensure the security of all IT resources?
b. security officer

c. CIO
ANS: B PTS: 1
19. Which of the following has the responsibility of efficient and effective operation of IT?
b. security officer
c. CIO
ANS: C PTS: 1
20. In an information systems organizational structure, the function of ____ is the central point from
which to control data and is a central point of vulnerability.
a. data control
b. data entry
c. data librarian
d. database administration
ANS: D PTS: 1
21. The control concern that there will be a high risk of data conversion errors relates primarily to which
of the following information systems functions?
a. data control
b. data entry
c. data librarian
d. database administration
ANS: B PTS: 1
22. The controlled access to data, programs, and documentation is a principal responsibility of which of
the following functions?
a. data control
b. data preparation (data entry)
c. data librarian
d. computer operator
ANS: C PTS: 1
23. Which of the following is not one of COBIT's four broad IT control process domains?
a. plan and organize
b. acquire and implement
c. repair and replace
d. monitor and evaluate
ANS: C PTS: 1
24. Which of the following is not a strategic planning process?
a. IT-related requirements to comply with industry, regulatory, legal, and contractual
obligations, including privacy, transborder data flows, e-business, and insurance contracts.
b. Acquisition and development schedules for hardware, software, and application systems
and for personnel and financial requirements.
c. Systems development life cycle adoption to ensure that comprehensive documentation is
developed for each application.
d. An inventory of current IT capabilities.

ANS: C PTS: 1
25. Which one of the following personnel is not involved in safeguarding resources resulting from
consummating events?
a. security officer
b. technical service manager
c. database administrator
d. CIO
ANS: D PTS: 1
26. The segregation of duties control plan consists of separating all of the following event-processing
functions except:
a. planning events
b. authorizing events
c. executing events
d. recording events
ANS: A PTS: 1
27. A warehouse clerk manually completing an order document and forwarding it to purchasing for
approval is an example of:
a. authorizing events
b. executing events
c. recording events
d. safeguarding resources
ANS: B PTS: 1
28. Specifications for availability, reliability, performance, capacity for growth, levels of user support,
disaster recovery, security, minimal system functionality, and service charges are included in:
a. application documentation
b. service-level requirements
c. business continuity plan
d. security plan
ANS: B PTS: 1
29. Approving a customer credit purchase would be an example of which basic events processing
function?
b. executing events
c. recording events
ANS: A PTS: 1
30. Which of the following statements is true?
a. Management has a legal responsibility to protect an organization’s informational assets.
b. Proper protection of organizational information from unauthorized use required both
physical and logical controls.
c. The unauthorized disclosure of financial information is a violation of federal securities
laws.
d. All of the above.

ANS: D PTS: 1
31. An outside auditing firm annually supervises a physical count of the items in a retail store's shelf
inventory. This is an example of:
b. executing events
c. recording events
ANS: D PTS: 1
32. A warehouse supervisor prepares a sales order listing items to be shipped to a customer and then signs
it approving the removal of the items from the warehouse. The supervisor is performing which
functions?
a. authorizing events and safeguarding of resources
b. executing and recording events
c. authorizing and executing events
d. authorizing and recording events
ANS: C PTS: 1
33. A clerk receives checks and customer receipts in the mail. He endorses the checks, fills out the deposit
slip, and posts the checks to the cash receipts events data. The clerk is exercising which functions?
a. recording and executing events
b. authorizing and executing events
c. recording and authorizing events
d. safeguarding of resources and authorizing events
ANS: A PTS: 1
34. When segregation of duties cannot be effectively implemented because the organization is too small,
we may rely on a more intensive implementation of other control plans such as personnel control
plans. This is called:
a. collusion controls
b. compensatory controls
c. authorizing controls
d. inventory controls
ANS: B PTS: 1
35. COBIT 5:
a. shifts the center of attention from IT to governance.
b. can be implemented by updating from COBIT 4.1.
c. does not have the enablers used in COBIT 4.1
d. all of the above.
ANS: A PTS: 1
36. Which of the following control plans is not a retention control plan?
a. creative and challenging work opportunities
b. occasional performance evaluations
c. competitive reward structure
d. viable career paths
ANS: B PTS: 1

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37. Personnel development control plans consist of each of the following except:
a. checking employment references
b. providing sufficient and timely training
c. supporting employee educational interests and pursuits
d. performing scheduled evaluations
ANS: A PTS: 1
38. The primary reasons for performing regular employee performance reviews include all of the
following except:
a. determine whether an employee is satisfying the requirements indicated by a job
description
b. assess an employee's strengths and weaknesses
c. assist management in determining salary adjustments, promotions, or terminations
d. develop a strategy for filling necessary positions
ANS: D PTS: 1
39. A policy that requires employees to alternate jobs periodically is called:
a. segregation of duties
b. forced vacations
c. rotation of duties
d. personnel planning
ANS: C PTS: 1
40. A control plan that is designed to detect a fraud by having one employee periodically do the job of
another employee is called:
b. forced vacations
c. periodic audits
d. management control
ANS: B PTS: 1
41. A mechanism by which a company is reimbursed for any loss that occurs when an employee commits
fraud is called a:
b. fidelity bond
c. personnel planning control
d. termination control plan
ANS: B PTS: 1
42. Which of the following personnel security control plans is corrective in nature as opposed to being a
preventive or detective control plan?
a. rotation of duties
b. fidelity bonding
c. forced vacations
d. performing scheduled evaluations
ANS: B PTS: 1
43. Personnel termination control plans might include all of the following except:
a. require immediate separation
b. identify the employee's reasons for leaving

c. establish a policy of forced vacations
d. collect the employee's keys, badges, etc.
ANS: C PTS: 1
44. Instructions for computer setup, required data, restart procedures, and error messages are typically
contained in a(n):
a. systems development standards manual
b. program documentation manual
c. operations run manual
d. application documentation manual
ANS: C PTS: 1
45. Application documentation that describes the application and contains instructions for preparing inputs
and using outputs is a(n):
a. operations run manual
b. user manual
c. program documentation
d. systems documentation
ANS: B PTS: 1
46. Alternative names for contingency planning include all of the following except:
a. disaster recovery planning
b. business interruption planning
c. business disaster planning
d. business continuity planning
ANS: C PTS: 1
47. A data replication strategy where all data changes are data stamped and saved to secondary systems as
the changes are happening is called:
a. mirror site
b. electronic vaulting
c. continuous data protection (CDP)
d. Dumping
ANS: C PTS: 1
48. All of the following are components of a backup and recovery strategy except:
a. echo checking
b. mirror site
c. electronic vaulting
d. hot site
ANS: A PTS: 1
49. Which of the following statements related to denial of service attacks is false?
a. Insurance is available to offset the losses suffered by denial of service attacks.
b. A denial of service attack is designed to overwhelm a Web site, making it incapable of
performing normal functions.
c. Web sites can employ filters to sense multiple messages from a single site.
d. The most effective attacks originate from a small cluster of computers in a remote
geographic region.

ANS: D PTS: 1
50. In an on-line computer system, restricting user access to programs and data files includes all of the
following except:
a. user identification
b. user authentication
c. determining user access rights
d. wearing identification badges
ANS: D PTS: 1
51. Sending out an e-mail pretending to be a legitimate business asking for information about a person's
account is called:
a. dumpster diving
b. phishing
c. smoozing
d. shoulder surfing
ANS: B PTS: 1
52. Which of the following controls restrict access to programs, data, and documentation?
a. library controls
b. password controls
c. authentication controls
d. program change controls
ANS: A PTS: 1
53. This logs and monitors who is on or trying to access an organization's network.
a. biometrics
b. electronic vaulting
c. intrusion detection systems (IDS)
d. firewall
ANS: C PTS: 1
54. Protecting resources against environmental hazards might include all of the following control plans
except:
a. fire alarms and smoke detectors
b. waterproof ceilings
c. voltage regulators
d. rotation of duties
ANS: D PTS: 1
55. Searching through rubbish for system information such as passwords is called:
a. scavenging
b. phishing
c. smoozing
d. shoulder surfing
ANS: A PTS: 1
COMPLETION

1. ______________________________ is a process that ensures that the enterprise's IT sustains and
extends the organization's strategies and objectives.
ANS: IT governance
PTS: 1
2. ______________________________ controls provide assurance that all modifications to programs are
authorized and documented, and that the changes are completed, tested, and properly implemented.
ANS: Program change
PTS: 1
3. ______________________________ is a process that employs mathematical algorithms and
encryption keys to encode data (i.e., change un-encoded data, called plaintext, to a coded text form,
called ciphertext) so that it is unintelligible.
ANS: Data encryption
PTS: 1
4. ______________________________ are particularly important because they operate across all
business processes and affect a company's capability to meet a multitude of control goals.
ANS: Pervasive controls
PTS: 1
5. ______________________________ in an internal control system means assessment by management
to determine whether the control plans in place are continuing to function appropriately over time.
ANS: Monitoring
PTS: 1
6. The function composed of people, procedures, and equipment and is typically called the information
systems department, IS department, or IT department is the ______________________________.
ANS:
information systems organization
IS organization
PTS: 1
7. The ______________________________ coordinates the organizational and IT strategic planning
processes and reviews and approves the strategic IT plan.
ANS: IT steering committee
PTS: 1
8. The ______________________________ is charged with safeguarding the IT organization.

ANS: security officer
PTS: 1
9. Management should establish a(n) ______________________________ plan and implement related
activities, including reviews, audits, and inspections, to ensure the attainment of IT customer
requirements.
ANS:
quality assurance
quality assurance (QA)
QA
PTS: 1
10. The ______________________________ group is responsible for routing all work in to and out of the
data center, correcting errors, and monitoring all error correction.
ANS: data control
PTS: 1
11. The ______________________________ function provides efficient and effective operation of the
computer equipment by performing tasks such as mounting tapes, disks, and other media and
monitoring equipment operation.
ANS: computer operations
PTS: 1
12. The ______________________________ maintains custody of and controls access to programs, files,
and documentation.
ANS: data librarian
PTS: 1
13. Combining the functions of authorizing and executing events is a violation of the organizational
control plan known as ______________________________.
ANS: segregation of duties
PTS: 1
14. Segregation of duties consists of separating the four functions of authorizing events,
______________________________ events, ______________________________ events, and
safeguarding the resources resulting from consummating the events.
ANS:
executing, recording
recording, executing
PTS: 1

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different content

The King against the President and College of
Physicians.
(From 7 Term Rep. p. 282)
This was a rule calling on the president and College or
commonalty of physic in London to shew cause why a mandamus
should not issue, commanding them to examine C. Stanger, M.D. as
to his qualification and fitness to be admitted into the said
Corporation as a member or fellow thereof.
* * * * *
Doctor Stanger, after referring to the above statutes (3 Hen. 8: 14
& 15 Hen. 8) and Charter, stated in his affidavit that in 1783 he took
a degree of doctor of physic at Edinburgh after a residence there for
three years, and after having studied physic there and at other
places for many years; that afterwards he went abroad to France,
Italy, and Germany, and studied physic there for several years more.
That in 1789 he obtained a licence from the college of physicians
here in the usual way to practise in London and within seven miles
thereof, and that he has practised ever since. That in June 1796 he
applied to the president and college at their general meeting to be
admitted by them to be a member of their corporation, submitting
himself to be previously examined by them concerning his
qualification and fitness to be admitted a member of the corporation,
which the college refused. Dr. Stanger also added in his affidavit that
he was duly qualified and fit to be admitted a member of the
college.
The affidavits in answer to the rule disclosed the following (among
other) facts. For two hundred years past there have been three
classes of persons practising physic in London and seven miles
round; the fellows; candidates, persons desirous of becoming

members and who have been examined and approved by the
president and censors to be candidates for election into the society
or fellowship; and the licentiates, who may practise as fully in all
respects as fellows and have the same benefits and advantages.
Various bye-laws have been made by the college respecting the
qualifications of persons to be admitted fellows, one of them so long
ago as 1637, by which it was ordained that no person should be
admitted a fellow unless he had performed all his exercises and
disputations in one of our universities without dispensation, and
which has continued ever since with some little alterations. To
prevent any mistakes arising from the words “aliquâ Britanniæ
Academiâ” in some of the bye-laws respecting this qualification, an
explanatory bye-law was made in 1751, in which it was declared that
the meaning of the words was that no person should be admitted
who was not a Doctor of Physic of Oxford or Cambridge. The bye-
laws of the college have been revised and altered since the year
1768. By those now in existence no person can be admitted a fellow
unless he has been a candidate for a year, except in certain cases
hereafter mentioned. No person can be admitted into the class of
candidates unless he has been created a Doctor of Physic in the
university of Oxford or Cambridge, or unless he has obtained the
same degree in the university of Dublin and has been incorporated
into one of the universities of Oxford or Cambridge; nor can any
such person be admitted into the class of candidates until after he
has been examined as to his knowledge of physic in three of the
greater or lesser meetings (called the comitia majora and comitia
minora) of the college. After a person has been a candidate for a
year, he may be proposed by the president at one of the greater
meetings and admitted a fellow, if the majority of fellows consent,
without further examination. But by two other bye-laws persons not
having the above qualifications may be proposed in one of two
ways; by one, the president is enabled once in every other year at
the comitia minora to propose one licentiate of ten years standing,
who may (if the major part of the comitia minora consent) be
proposed by the president at the next comitia majora to be elected a
fellow, and if the majority of fellows then present consent, he may

then be admitted a fellow. By the other, any one of the fellows may
propose any licentiate, of seven years standing and of the age of 36,
in the comitia majora to be examined; if the major part of the
fellows consent, such licentiate may be examined by the president or
vice-president and censors, and if approved by the major part of the
fellows then present, he may be proposed at the next comitia
majora to be a fellow, and admitted if the majority of the fellows
then present consent. The ordinary greater meetings (comitia
majora) are holden four times a year, and consist of the president or
vice-president and ten fellows at the least. The ordinary lesser
meetings (comitia minora) consisting of the president or vice-
president registar and censors of the college, are holden once a
month. A letter was also inserted in the affidavits written by King
Charles the Second to the college not to admit any person who had
not had his education in either of our universities of Oxford or
Cambridge: but it was admitted in the argument that no notice could
legally be taken of this letter. It was also stated in the affidavits that
Dr. Stanger, when he was licensed; gave his faith or promise to the
college that he would observe the statutes of the college &c. in the
usual mode.
Adair Serjt. Law, Chambre, and Christian, argued in support of the
rule; and
Erskine, Gibbs, Dampier, and Warren, against it.
The case was argued very much at length on three several days:
but it is unnecessary to give a detail of the arguments, as the Court
in giving their opinions went into them. The points insisted upon by
the counsel in support of the rule were these; 1st. That under the
general words of the charter “omnes homines ejusdem facultatis”
&c. Dr. Stanger, who came within that description by his license, had
an inchoate right, which authorised him to tender himself to the
college for examination in order that he might be admitted, if on
examination the president and college thought him qualified; though
they admitted that the president and college were the sole judges of

his fitness. And they referred to the several dicta of Lord Mansfield
and Aston J. in R. v. Dr. Askew and others, 4 Burr. 2169; 2202;
2193; 2202. Secondly, That the bye-laws requiring an education at
either of our universities or at Dublin were illegal and void, on
grounds of public policy, and also on the ground that they
superadded a qualification not required by the Charter, 4 Burr. 2198,
9; 2203, 4; and that it narrowed the number of the eligible; R. v.
Spencer, 3 Burr. 1827; and R. v. Cutbush, 4 Burr. 2204.
On the other hand it was insisted, 1st. That Dr. Stanger had no
right to be examined in order to be a fellow, either as a licentiate,
Dr. Archer’s case, 4 Burr. 2203; or as coming within the description
“omnes homines ejusdem facultatis” &c.; but that the election into
that body was a mere matter of grant or favor, for that the charter
evidently marked out two descriptions of persons, the members of
the college (the fellows) and all those who practised physic in
London or within seven miles thereof, that the former were to
superintend the latter; and that if the latter had also a right to be
admitted fellows the distinction between the governors and the
governed would be destroyed, and the very object of the charter
and act of parliament, in giving to the fellows the superintendance of
the others practising physic in and about London, would be
defeated;—observing that the usage for a long period was in favour
of this construction. 2dly, That Dr. Stanger, by giving his faith when
he received his licence in 1789, was estopped to object to the bye-
laws. But this point was abandoned in the course of the argument; it
being considered that he was only bound to observe the bye-laws of
the college that were not illegal. 3dly, That the bye-laws were
neither against sound policy or law; and instances were alluded to of
degrees taken in either of our universities giving privileges to the
persons taking them in the other professions. And the counsel
observed that the not having taken a degree in one of our
universities was not an absolute bar to any person becoming a
fellow of the college, there being two modes by which he might gain
admission without that qualification.

Lord Kenyon, Ch. J. If in deciding this question it were necessary
for us to answer all the arguments that have been urged at the bar, I
should have desired further time to consider of the subject; but as
the grounds on which I am warranted to determine the case lie in a
very narrow compass, and I have formed my opinion upon it, I wish
to put the question at rest now. By what fatality it has happened
that almost ever since this charter was granted this learned body
have been in a state of litigation I know not; and I cannot but
lament that the learned Judges in deciding the cases reported in
Burrow did not confine themselves to the points immediately before
them, and dropped hints that perhaps have invited litigation; though
indeed I cannot see what these parties are contending for that is
worth the expense and anxiety attending this litigation. The public
already have the benefit of the assistance of the licentiates; and
their emoluments, the fair fruits of their education and advice, are
just the same as those that the fellows of the college receive. We
have however been pressed with the authority of those who have
preceded us here: no person can have a greater veneration for those
characters than I have, and if this point had been decided by them, I
should have thought myself bound by their decision. But the cases
are unlike. The principal ground on which it was said in 4 Burr. 2199.
that the bye-laws of the college were bad was, that “they interfered
with their exercising their own judgment, and prevented them from
receiving into their body persons known or thought by them to be
really fit and qualified;” and if I had found that objection existed in
this case, I should have thought it fatal: but in the very sentence in
which Lord Mansfield expressed himself as above, he added “such of
them indeed as only require a proper education and a sufficient
degree of skill and qualification may be still retained.” Two
universities have been founded in this country, amply endowed and
furnished with professors in the different sciences; and I should be
sorry that those who have been educated at either of them should
undervalue the benefits of such an education.
In this case it is admitted that a licentiate does not de facto
become a fellow of the college: it is admitted that he must be first

examined, and that those who are called the College of Physicians
are to judge of his fitness. It seems that the appeal here is rather
made ad verecundiam, and that Dr. Stanger could not be rejected if
he were examined. If the college are not judges of the fitness of the
person examined, I do not know who is. Then is this a reasonable
test of the fitness of the party? possibly they might have framed a
better, though I do not say that they could; but the question here is
whether this is a reasonable bye-law? According to the concurrent
opinions of all mankind it is. The Legislature have considered that
persons who have taken their degrees in our universities are entitled
to certain privileges in the church. So if we look into our own
profession, those who have been educated at our universities have
particular privileges; and though the inns of court are not
corporations, yet their regulations shew that this has been
considered as reasonable. It is not that a person becomes qualified
from keeping his commons within the walls of the inns of court or
the universities, but living with those of the profession will probably
advance him in the knowledge of that profession for which he is a
candidate. Again in the civil law; however competent any particular
individual may be from extraordinary endowments or the exertion of
superior talents, he must first take his degrees at one of our
universities, and afterwards continue a year in a state of probation
before he can practise. Those regulations that are adapted to the
common race of men are the best: it does not follow that all
institutions calculated for the ordinary classes are to be prostrated
merely because they stand in the way of some few individuals of
superior talents. Then the question is whether this is a reasonable
bye-law that requires a degree to be taken at one of our universities,
which in general is supposed to be conferred as a reward for talents
and learning. If indeed this had been a sine qua non, and it had
operated as a total exclusion of every other mode of gaining access
to the college, it would have been a bad bye-law: but these bye-laws
point out other modes of gaining admission into the college. If Dr.
Stanger has all those requisites that qualify a person for that high
station, any one of the fellows may now propose him; he may apply
to the honourable feelings of the college, to the very same tribunal

to which this mandamus (if it were granted) would refer him; for in
all events he must submit to their examination and determination. In
the profession of the church, we find that the bishops insist on
having a testimonial of the person to be ordained signed by a certain
number of clergymen; and though the bishops themselves may have
the power of judging of the fitness of the person to be ordained it
was never doubted but that this was one reasonable test of fitness,
even before examination: it is a test to regulate their own conduct.
So here I think this is a reasonable test. Therefore on this short
ground, without entering into any of the other topics that have been
argued, I am of opinion that these are good and reasonable bye-
laws, and that we are bound to refuse the writ.
Ashhurst, J. Though this matter has taken a considerable time in
the argument, it is now reduced to a narrow compass. The counsel
who have argued for the issuing of the mandamus do not contend
that a licentiate, as such, does ipso facto become a member or a
fellow of the college: they only say that any man who is fit in
learning and morals has a right to offer himself for examination,
without any superadded qualification; and therefore that the bye-law
requiring “that every licentiate, in order to entitle him to offer
himself for examination, shall be a doctor of one of the two
universities in England or that of Dublin,” is a void bye-law. It is not
denied by counsel who have argued for the rule that the corporation
have the right of making bye-laws for the regulation of their own
body. And Lord Mansfield, on whose authority they ground
themselves as in their favour, said in 4 Burr. 2199, “that such bye-
laws as only require a proper education and a sufficient degree of
skill and qualification may be still retained; that there can be no
objection to cautions of this sort; and the rather if it be true that
there are some amongst the licentiates unfit to be received into any
society.” This brings it then to the question, whether the bye-law
now under discussion is or is not to be considered as a bye-law of
regulation. It does appear to me that in order to ensure a proper
education and a competence in a learning, there cannot be a more
likely method than the having spent fourteen years in one of our

learned universities, and, after having been examined by persons
competent to the subject, having been admitted to a doctor’s
degree. This it should seem would prevent in limine the danger of
that happening, which Lord Mansfield complains of, namely, of
persons being admitted amongst the licentiates unfit to be received
into that society. Indeed the Legislature so long ago as the passing
of the act of the 14 and 15 Henry 8. seemed to shew their own
opinion how much stress ought to be laid on such a kind of test; for
there, in speaking of country physicians, the act says, “that no
person shall be suffered to exercise or practise in physic through
England until such time as he be examined in London by the
president and three elects, and have from them letters testimonial of
their approving and examination:” but then the act goes on with this
exception (viz.) “unless he be a graduate of Oxford or Cambridge,
which hath accomplished all things for his form without any grace.”
This shews the opinion of the legislative body of that day; and the
college might think it a very fit model for their imitation in the
formation of the bye-law now under discussion, and that it would
prevent them from having their time too much broken in upon by
improper applications for examination. I would not be thought to
infer that the gentleman now applying is in any degree deficient
either in learning or education: but general laws cannot give way to
particular cases; and as this law has been of some standing, we
must suppose it has been found to be attended with general
convenience, and therefore it should be abided by. I therefore
concur in the opinion that the rule for a mandamus should be
discharged.
Grose, J. This being a motion for a mandamus to a body
incorporated by charter, we must see that we are authorised by the
charter or the bye-laws to grant the application. On examining the
charter, which was confirmed by act of parliament, we find that
there was a select body of eight including the president, and an
indefinite number of the commonalty. The election of the president
is to be made annually by the college; so also is the election of the
four censors. The intention of the crown was to put an end to the

mischiefs occasioned by the ignorance of the unskilful practitioners;
and for that purpose this corporation was created, with power of
making bye-laws, of admitting skilful persons to practise physic, and
of preventing all others practising: the great object was to admit
only those to practise physic who were (to use the language of the
act) “profound sad and discreet, groundedly learned and deeply
studied in physic.” How or when the fellows are to be chosen or
admitted is not directed by the charter: it is left to the discretion of
the persons named in the charter under the general power given to
them of perpetuating themselves and of making bye-laws. The
charter is therefore silent both as to the election of fellows, and as
to the examination of them before election: but the examination is
incident to the power of election. The charter being silent on these
heads, and the college having the power of making bye-laws, they
have made bye-laws to ascertain a criterion of fitness of future
candidates, by pointing out in some cases the mode of their
education, in others the persons by whom they were to be proposed
as candidates. One of these bye-laws is objected to as illegal,
because it requires a degree to be taken at one of our universities,
which (it is contended) is superadding a qualification to those
required by the charter: but I think it is only ascertaining a criterion
of fitness as has been done most properly in other professions in
cases alluded to both at the bar and bench. Then it is said that a
licenciate has an inchoate right: if by that Dr. Stanger’s counsel
mean that he has one qualification which when added to others may
give him a right of admission, I agree with them; but the college are
to judge of the other qualifications: if by this inchoate right they
mean any thing more, I dissent from them. It is admitted by this
application that the college have a right to insist on an examination:
and upon what ground? as a test of fitness—but though this right is
not expressly given to them by the charter, nor is there a word
denoting any obligation either to admit or examine, it is incident to
their power of judging who is fit to be admitted. That Lord Mansfield
thought that they have such a right incidently is clear from what fell
from him in Dr. Askew’s case, in which he said, “It is true that the
judgment and discretion of determining upon this skill ability

learning and sufficiency to exercise and practise this profession is
trusted to the college of physicians: and this Court will not take it
from them in the due and proper exercise of it.” The same power
that authorises them to judge of fitness also authorises them to
regulate the mode by which they shall judge. They think, of which
they are much better judges than we can be, that every man who is
to be a candidate ought either to have taken his degree at one of
our universities or in Dublin, or shall be proposed by one fellow, or
by the president. The bye-laws requiring this do not appear to me
unreasonable or inconsistent with the character any more than
requiring a particular mode of education, and in the case so often
alluded to Lord Mansfield thought such bye-laws were good; for
when he recommended it to the college to revise their bye-laws, he
said “Such of them indeed as only required a proper education and a
sufficient degree of skill and qualification may be still retained.” In
consequence of that opinion the college have reviewed and altered
their bye-laws, requiring in some cases an education at either of our
universities or at Dublin, in others permitting a nomination of
persons as fit to be examined by men whom they deem worthy of
such a trust, considering such degree and nomination merely as
tests of the person taking it or named having skill and learning and
being fit to be examined. And in making these bye-laws I think that
the college have shewn a due attention to discharge their duty to
the public and to attain the ends of their institution. Therefore I
concur in the opinion already given that this rule ought to be
discharged.
Lawrence, J. This is an application for a mandamus to compel the
College of Physicians to examine Dr. Stanger in order that he may be
admitted a fellow; and the foundation of the application is that he
has been admitted to the practise of physic and is one of the
homines facultatis within the meaning of the charter; which (it is
said) gives him a right to admission, if on examination he shall be
found fit; and that all the bye-laws militating against such right are
illegal. His counsel have been under the necessity of insisting on the
licence giving him a right to examination; for if the being admitted a

member of the body be matter of election, it is immaterial whether
the bye-laws be good or bad. It seems to me that the insufficiency
of the provisions of the statute 3 Hen. 8. probably gave rise to this
charter; the object of which was to establish a better mode of
determining who were proper persons to be licensed to practise
physic, and to prevent the practice of ignorant empirics; and if so, it
was not necessary that all men of the faculty should be members of
the body. All that was necessary was that it should be composed of
a sufficient number of learned and discrete practisers of physic, who
should have a power of continuing the succession in such persons as
themselves, and that they should license proper persons and restrain
unfit persons from the practice of it. If this were the object, is it
natural to construe the charter as giving a right to all men of the
faculty to become members of this body, when the charter speaks of
men of the faculty in a sense contradistinguished from the members
of the body; or to suppose that the Crown meant to incorporate all,
when the charter was made for the government of some, who, if all
were incorporated, could not exist? It is admitted that there were
two distinct classes under the charter, and according to Dr. Stanger’s
construction one class, that of the governed, would be extinguished.
Another mode of construing the charter in the argument was by
considering the words omnes homines ejudem facultatis to mean the
individual members of the corporation: but if so, there would be no
power given to make bye-laws to affect the licentiates; and the
clause in the charter that gives the exemption from serving on juries
speaks of the person exercising the faculty as contradistinguished
from the members of the college; “nec presidens nec aliquis de
collegio prædicto medicorum, nec successores sui, nec eorum aliquis
exercens facultatem illam.” Therefore it seems to me that the
homines facultatis are not the individual members of the college.
Then it was said that there might be some persons who might not
choose to become corporators, and that this would make a class to
be governed: but that is improbable; it is not to be supposed that,
as the principal object of the charter was to incorporate those who
were skilled in physic and to prevent those from practising who were
unfit, they to whom the charter was offered would refuse the

advantages of this corporation, especially as the obvious means of
constituting a body to consist of all would be to make it compulsory
on the physicians to become members, as in the case with
companies in some city and corporate towns, of which persons
carrying on certain trades are obliged to be free. But seeing that
there is in some degree an uncertainty as to the words “homnes
ejusdem facultatis,” the usage that has prevailed ought to govern us
in the construction of them, especially as the usage perfectly accords
with the design of the incorporation. It is said indeed that the usage
is in favour of Dr. Stanger’s claim: but that is not so; for there is no
proof that before these bye-laws were made any persons were
admitted into the body as a matter of right, and we must therefore
take it that they came in by election. If Dr. Stanger claim as a matter
of right, it must be under the words of the charter “quod ipsi
omnesque homines ejusdem facultatis &c.” but if this gave him a
right, the college could not resist his claim though he would not
submit to examination. And if every homo ejusdem facultatis came
within this description of claim, Dr. Archer would have had a right to
be admitted. The charter does not say that all the men of the
faculty, who on examination shall be found fit, shall be admitted; if it
has said any thing in their favor, it has given them the right as soon
as they become men of the faculty; it has directed no examination.
Suppose by a charter all the weavers of a town were incorporated,
they would all have a right to be admitted without any examination.
If then all the men of the faculty within the limited district have a
right from being men of the faculty, they possess all the fitness that
the charter requires. This seems to me to be only a contrivance to
get out of Dr. Archer’s case, and to set up a right on the ground of
being a licentiate. In the course of the argument it was said that
only those were to be admitted who were “profound sad and
discrete, groundedly learned and deeply studied in physic:” but if so,
it destroys the argument arising from the words “omnes homines
ejusdem facultatis.” An argument has also been drawn from the
statute 3 Hen. 8:, and it has been said that the persons licensed by
that act were the only persons who at the time of the charter were
men of the faculty, and that they and the six persons named were

meant to be incorporated. But the words of the charter do not
extend to all those persons; they are confined to the “homines de et
in civitate prædictâ,” that is, to all men of and in the city of London
practising physic: but this does not extend to persons practising in
other places. Now if that construction had been adopted, it would
have excluded the greater part of those who have been members of
the college practising physic in Oxford, Cambridge, and other places
beyond these limits, as not falling within the description of those
persons of whom (according to the construction) the college is to
consist.
Taking the whole of the charter and the usage this construction
will reconcile all the difficulties; the intention of the Crown was to
incorporate the six persons named in the charter and all men
practising physic at that time de et in civitate prædictâ; and all those
persons were entitled to admission: but the Crown did not intend to
give any right to those, who might thereafter become homines
facultatis, but intended that the succession should be continued by
the power incident to all corporations to elect. Had the charter of
incorporation nominated every man authorised to practise physic in
London and given no directions as to the succession, they would
have been authorised to continue themselves by election as they
have done; and the charter has done the same thing in substance by
incorporating the same persons by a general reference to their
character and situation. This avoids all contradiction; it is consistent
with the usage; and according to this construction no one is entitled
as a matter of right but only by election. In making such elections
there is a trust and duty to keep up the body by a choice of learned
men sufficient to answer the purposes of the charter; and if this be
done all the interest that the public have is consulted; they have no
interest in this or that man being a member of the college: so long
as the body is continued and there are proper censors elects and
other officers, and so long as proper persons are licensed and
improper ones restrained, the objects of the charter as far as
concerns the public will be attained. We have been pressed however
with the dicta of Lord Mansfield in R. v. Dr. Askew; very great

deference is always due to whatever fell from him: but it is sufficient
to say that this was not the point then before the Court, the only
question there being whether licentiates were of the body.
On the other question respecting the validity of the bye-laws, I
can hardly add to what has already been said by the Court; and
therefore shall only say that I agree with them in thinking the bye-
laws reasonable.
Rule discharged[175]
.

Return to a Habeas Corpus.
(Goodall. 467)
London. ss. Nos Johannes Warner & Thomas Adams Vic’ Civitat’
London, Serenissimo Domino Regi in brevi huic schedul’ annex’
nominat’ ad diem & locum in eodem brevi content’ Certificamus,
quod ante adventum nobis praedict’ brevis scil’ duodecimo die
Septembris Anno regni dicti domini Regis nunc Anglie &c. decimo
quinto Christoferus Barton in dicto brev’ nominat’ commissus fuit
Prisone dom’ Regis scil’ Computator’ scituat’ in Wood Street London
prædict’ & in eadem Prisona sub custodia Isaaci Pennington &
Johannis Woollaston tunc vic’ Civitat’ praedict’ & in eorum exit’ ab
officio suo sub custodia nostra detent’ virtute cujusdam Warranti
Otwelli Meverell, Laurentii Wright, Edmund Smith, & Willielmi
Goddard in Medicinis Doctor’ & Collegii Medicor’ in London praedict’
custodi praedict’ Computatorii London praedict’ vel ejus deputat’
direct’ Cujus quidem Warranti tenor sequitur in hæc verba.
[A Copy of the Censors Warrant for the Commitment of Empiricks to
prison.]
“ss. We Otwell Meverell, Lawrence Wright, Edmund Smith and
William Goddard Doctors in Physick and Censors of the Collage of
Physicians in London, being chosen by the President and Collage of
Physicians aforesaid to govern and punish for this present year all
offenders in the faculty of Physick within the City of London and the
Suburbs thereof and seven miles compass of the said City, according
to the authority in that behalf duly given by certain Letters Patents
under the great Seal of England made and granted to the said
Collage and Comminalty by the late King of famous memory King
Henry the Eighth, bearing the date the 28th day of September in the
Tenth year of his Raigne, And one Act of Parliament made in the
14th year of the said late King Henry the Eighth concerning

Physicians Whereby the Letters Patents aforesaid and every thing
therein are granted and confirmed: And by virtue of the said Act of
Parliament and Letters Patents aforesaid and one other Act of
Parliament made in the first year of the Raigne of our late
Soveraigne Lady Queen Mary intituled An Act touching the
Corporation of Physicians in London, did cause to be brought before
us the sixth day of this instant September at our Collage house in
Pater noster Rowe in London one Christofer Barton; and we have
examined the said Christofer Barton, and upon his examination and
other due proofs we have found that the said Christofer Barton hath
unskilfully practised the Art of Physick within the City of London and
Precinct aforesaid upon the bodies of Richard Ballady of Aldermary
Parish London, Michael Knight of St. Buttolphs Parish Aldgate
London and the child of one Jane Brigge and some others in the
month of January in the year 1638, contrary to the Laws in that
behalf made and provided; whereupon we have imposed upon the
said Christofer Barton a fine of 20l. for his evil practice in Physick
aforesaid; and we have also for the same cause sent you the body of
the said Christofer Barton, Willing and requiring you in the King’s
Majesties name to receive and keep him in safe custody as Prisoner,
there to remain at his own costs and charges without bail or
mainprize untill he shall be discharged of the said imprisonment by
the President of the said Collage, and by such persons as by the said
Collage shall be thereunto authorised according to the Statute in
that behalf made, And this our warrant shall be your discharge.
Given at the said Collage the eleventh day of September in the 16th
year of the Raigne of our Soveraigne Lord King Charles.”
Otwell Meverell,
Law. Wright,
Edmund Smith,
William Goddard.
To the Keeper of Woodstreet Compter,
London or his Deputy.

Note. This Christopher Barton, like James Leverett a Gardener
(whose case and the reference of it by the Court of Star Chamber to
the College, are recited in Goodall p. 447) and the more celebrated
Valentine Greatrex, was one of those Empirics, half enthusiasts and
half imposters, who pretended to perform cures by touching or
stroaking.

Doctor Burgess’ Case.
(Goodall’s Proceedings 376)
Doctor Burgess having been in Orders and now practising Physick
in London, was summoned before the President and Censors to give
an account by what authority he practised in this City contrary to the
Statute Law of this Kingdom. He ingenuously confessed; Not by any
authority, but by the indulgence of the College; and told them he
had formerly offered himself to examination, though he had not yet
been examined. The President replied, that by a Statute of the
College (which was read by the Register) they could not examine
admit or permit any to the practice of Physick, who had been in Holy
Orders. Besides if the Statutes of the College would allow it He told
him an admission to a person that had been so qualified was
repugnant to the Statute Laws of the Kingdom and Canons
Ecclesiastical. He replied with great temper and candour, that he
would not contradict either the one or the other, but lay down
practice in London. After this he was convened a second time before
the President and Censors and interdicted the practice of Physick
within the College Liberties, to which he submitted and promised
that he would speedily betake himself to the Country. Some of the
Fellows of the College were complained of for consulting with him.

Doctor Winterton’s Letter to the President.
My service and best respects remembered.
Master President and my much honoured friend
Whereas I am given to understand that you have heard that the last
year I would not give way to two or three for the obtaining a Licence
to practise Physick, nor to a Doctor of Leyden to be incorporated
with us without giving publick testimony of his abilities, and I further
understand that yourself and the whole College are well pleased
therewith, I have cause to rejoice: and further thought fit at this
time to acquaint you with my real intentions, which I shall eagerly
prosecute, if I may have countenance and assistance. I have
observed and have grieved to see sometimes a Serving-man
sometimes an Apothecary oftentimes Masters of Arts (whereof some
have afterwards assumed holy Orders) admitted to a Licence to
practice in Physick, or to be incorporated to a Degree without giving
any publique testimony of their learning and skill in the Profession.
And what hath followed hereupon? The Minister hath neglected his
own calling and trespassed upon another’s, not without endangering
the Souls of the people of God, and the losse of the Lives of many of
the King’s Subjects. The Serving-man and Apothecary upon a
Licence obtained have been presently made Doctors by the breath of
the people, and Doctors indeed undervalued. Masters of Arts after
Licence obtained have taken as I said holy Orders, that if one
Profession did faile them another might supply them. And
Incorporation being in an instant obtained by a little summe of
money which by orderly proceeding (I speake concerning the
Doctor’s Degree) would cost 12 years study in the University besides
performance of exercises and much expence; It is come to passe,
that in the University at this time I doe protest I doe not know any
one that intends the study of Physick, and practice thereof according
to the Statutes. Chirurgeons and Apothecaries are sought into, and
Physicians seldome but in a desperate case are consulted with, when

the Patient is ready to dye and in this kind we have too many
examples. The consideration of these mischiefs redounding to the
Church, Commonwealth, University, and our Profession, hath often
troubled me, when I had no power to prevent them. But now seeing
it hath pleased God and the King to conferre such power upon me,
that without me neither Licence nor Degree in Physick can be
obtained at Cambridge (for I have solicited Dr. Nichols and Dr. Allet
to joyne with me; and I have prevailed soe farre with them that they
will doe nothing without me) I doe intend by the grace of God to
give way unto noe man to obtain a Licence or Degree without
keeping an Act at the least, &c. unless it shall happen that with
some one particular man it shall be dispenced withall by supreme
Authority or in some extraordinary case. But all this will be to little
purpose, unlesse yourselfe and the College will solicite Dr. Clayton,
his Majesties Professor at Oxford, and others of the faculty there, to
doe the like; or rather Petition to my Lord’s Grace of Canterbury,
who out of his innate goodnesse, and zeale for the good of the
Church and Commonwealth, and the honour of the Universities, I am
fully perswaded, will grant what you desire, against Apothecaries
and Chirurgeons, and all others which without Licence and authority
do practise Physick, I could wish there were some course taken; I
know there be already good Lawes, if they were put in execution.
This much in haste (as you may perceive by my writing) I thought
good to signify unto you, out of the grateful respect which I beare
unto yourself and the whole College, tending the honour of our
common Profession, which I will maintain as much as in me lyes,
and vindicate from the invasions of Usurpers and Intruders. I have
exceeded I feare the bounds of a Letter, but that you will pardon I
hope considering the occasion. And soe with a gratefull
acknowledgment of your love and favour towards me and an
ingenuous profession of much service I owe unto you, I take my
leave, as one that will be ready, upon the least signification, to
embrace your commands, and execute them with all alacrity.

Yours in all dutiful respects
Ralphe Winterton.
From the King’s College in Cambridge,
August 25th, 1635.

LILLY’S DIPLOMA.
The License of Dr. Sheldon, Archbishop of Canterbury,
granted to William Lilly, the Astrologer, to practise
Physic. Dated A. D. 1670.
“Gilbertus providentia divina Cantuariensis Archiepiscopus totius
Angliæ Primas et Metropolitanus, dilecto nobis in Christo Gulielmo
Lilly in Medicinis professori, salutem, gratiam, et benedictionem.
Cum ex fide digna relatione acceperimus te in arte, sive facultate
medicinæ per non modicum tempus versatum fuisse, multisque de
salute et sanitate corporis verè desperatis (Deo omnipotente
adjuvante) subvenisse, eosque sanasse, nec non in arte predicta
multorum peritorum laudabili testimonio pro experientia, fidelitate,
diligentia et industria circa curas quas susceperis, peragendas in
hujusmodi arte Medicinæ merito commendatum esse, ad
practicandum igitur, et exercendum dictam artem Medicinæ in et per
totam Provinciam nostram Cant: (Civitate Lond’ et circuitu septem
millarum eidem prox’ adjacen’ tantummodo exceptis,) ex causis
prædictis et aliis nos in hoc per te juste moventibus, præstito
primitus per te juramento de agnoscendo Regium supremam
potestatem in causis ecclesiasticis et temporalibus ac de
renunciando, refutando, et recusando omni, et omni modo
jurisdictioni, Potestati, Authontati, et Superioritati, foraneis juxta vim
formam et effectum Statui Parlamenti hujus inclyti regni Angliæ
liceat et non aliter neque alio modo te admittimus, et approbamus
tibique licentiam et facultatem nostras in hac parte, Tenore
præsentium quamdiu te bene et laudabiliter gesseris benignè
concedimus et elargimur. In cujus rei testimorium sigillum (quo in
hac parte utimur) presentibus apponi fecimus. Dat. Undecimo Die
Mensis Octobris, Anno Domini 1670 Nostræque Translationis Anno
Octavo.”

(LS) Radulph Snowe, et
Edm. Sherman.
Registrarii.
S. Rich. Lloyd, Sur.
Vicarii in Spiritualibus Generalis per provinciam Cantuariensem.
It does not appear in the memoirs of Lilly, as written by himself,
that he ever made an attempt to acquire the elements of medical
science, but was directed in his prescriptions by his astrological art
only: but having procured the above license he began to practise
more openly, and every Saturday rode to Kingston, where the poorer
sort flocked to him from several parts, and received much benefit by
his prescriptions, which he gave them freely, and without money;
from those that were more able he now and then received a shilling,
and sometimes an half-crown, if they offered it to him, otherwise he
demanded nothing.
At the Court at the Queen’s Palace, the 26th of July, 1809.
Present,
The King’s Most Excellent Majesty.
Archbishop of Canterbury.
Lord Chancellor.
Lord President.
Earl of Liverpool.
Earl of Harrowby.
Lord Mulgrave.
Mr. Chancellor of the Exchequer.
Mr. Secretary Canning.
Sir David Dundas, K. B.
Mr. Ryder.

Whereas there was this day read at the Board, the humble memorial
of Sir Lucas Pepys, baronet, Physician to His Majesty, and President of
the College or Commonality of the Faculty of Physic in London,
setting forth, that the said President and College have, with great
care, pains, and industry, revised, corrected, and reformed a book by
them formerly published, intituled Pharmacopœia Collegii Regalis
Medicorum Londinensis, prescribing and directing the manner of
preparing all sorts of medicines therein contained, together with the
true weights and measures by which they ought to be made: which
book is now perfected and ready to be published, and, it is
conceived, will contribute to the public good of His Majesty’s
subjects, by preventing all deceits, differences, and uncertainties in
making or compounding of medicines, if, for the future, the manner
and form prescribed therein should be practised by Apothecaries and
others in their compositions of medicines: the Memorialist therefore
most humbly prays, that His Majesty will be graciously pleased to
enforce the observance thereof in such manner as to His Majesty
shall seem meet:—His Majesty this day took the said memorial into
His Royal consideration, and being desirous to provide in all cases
for the common good of his people, and being persuaded that the
establishing of the general use of the said book may tend to the
prevention of such deceits in the making and compounding of
medicines, wherein the lives and health of His Majesty’s subjects are
so highly concerned, hath therefore thought fit, by and with the
advice of His Privy Council, hereby to notify to all Apothecaries and
others concerned, to the intent they may not pretend ignorance
thereof, that the said book, called Pharmacopœia Collegii Regalis
Medicorum Londinensis, is perfected and ready to be published: and
His Majesty doth therefore strictly require, charge and command all
singular Apothecaries and others, whose business it is to compound
medicines, or distil oils or waters, or make other extracts, within any
part of His Majesty’s kingdom of Great Britain called England,
dominion of Wales, or town of Berwick-upon-Tweed, that they, and
every of them, immediately after the said Pharmacopœia Collegii
Regalis Medicorum Londinensis shall be printed and published, do
not compound or make any medicine or medicinal receipt or

prescription, or distil any oil or waters, or make other extracts that
are or shall be in the said Pharmacopœia Collegii Regalis Medicorum
Londinensis mentioned or named, or in any other manner or form
than is or shall be directed, prescribed, and set down in the said
book, and according to the weights and measures that are or shall
be therein limited, except it shall be by the special direction or
prescription of some learned Physician in that behalf. And His
Majesty doth hereby declare, that the offenders to the contrary, shall
not only incur His Majesty’s just displeasure, but be proceeded
against for such their contempt and offences, according to the
utmost severity of law.
STEPH: COTTERELL.

33 Geo. 2.—Burrow’s Reports.
Rex vers. Master and Wardens of the Company of
Surgeons in London.
This was a cause that stood in the Crown-Paper, upon a Return to
a Mandamus directed to the Master and Wardens of the Company of
Surgeons of London: Reciting a Custom in the said City, “That every
Freeman of the said City, using and exercising the Art, Science, or
Mystery of Surgery within the said City, hath a Right, in respect
thereof, to have and take Apprentices, of the age of 14 years or
upwards, to be educated and instructed in the said Art, Science, or
Mystery, for the space of 7 years; which said Apprentices have been
used and accustomed to be ADMITTED and BOUND in the presence or
with the consent of the Master and Wardens or some of them;” And
reciting that Richard Guy, a Freeman of the said City, and also one of
the Freemen of the said Company of Surgeons of the said City, being
desirous of taking Melmoth Guy, his son, aged 15 years, to be his
Apprentice for the Term of 7 years, to be educated and instructed in
the said Art, Science, or Mystery of Surgery, had often offered the
said Melmoth Guy to be admitted and bound, before the said Master
and Wardens or some of them, his said Apprentice for the Term of 7
years, in the said Art, Science, or Mystery, according to the said
custom; and that the said Melmoth Guy had also often offered
himself to them or some of them, to be admitted and bound before
them or some of them, an Apprentice to the said Richard Guy for the
said Term, in the said Art, Science, or Mystery; and that the said
Master and Wardens had not permitted the said Melmoth Guy to be
bound Apprentice to the said Richard Guy, for the Term of 7 years,
before them or any of them, but have altogether refused and still
refuse so to do; and commanding them, immediately and without
delay, in due manner to permit the said Melmoth Guy to be ADMITTED

and BOUND, before them or some of them, an Apprentice to the said
Richard Guy, for the Term aforesaid, in the said Art, Science, or
Mystery according to the said custom, or signify cause to the
contrary.
The Return of the Master and Wardens admits the whole of the
custom and facts, to be as they are alledged in the Writ. But they
further certify and return, That long before the said Richard Guy
offered his said son Melmoth, or the said Melmoth offered himself to
them or any of them, to be admitted and bound before them or any
of them, an Apprentice for the said Term of 7 years, in the said Art,
Science, or Mystery of Surgery, according to the custom aforesaid;
and after the making of a certain Act of Parliament intitled “An Act
for making the Surgeons of London, and the Barbers of London, two
separate and distinct Corporations;” to wit, on the 7th day of April in
the Year of our Lord 1748, at Stationers-hall in London aforesaid;
John Freke, then and there being Master of the said Company of
Surgeons, and William Pyle and Legard Sparham, then being two of
the Governors of the said Company of Surgeons, before that time
duly elected chosen appointed and sworn into their said respective
offices; and also John Ranby esq. Cæsar Hawkins esq. William Petty
esq. Joseph Sandford, William Cheseldon esq. James Hicks, Peter
Sainthill, Noah Roul, John Westbrook, William Singleton, James
Phillips, Joseph Webb, Mark Hawkins, Christopher Fullagar, Edward
Nourse, John Girle esq. and John Townsend, being then and there
Nine and more of the Members of the Court of Assistants of the said
Company of Surgeons before that time duly elected chosen
appointed and sworn to be of the said Court of Assistants, did hold a
Court and Assembly, at Stationers-hall London aforesaid, in order to
treat and consult about and concerning the Rule Order State and
Government of the said Company of Surgeons; and that the said
John Freke, so being then and there Master of the said Company of
Surgeons, and the said William Pyle and Legard Sparham, so being
then and there two of the said Governors of the said Company of
Surgeons, and the said John Ranby esq. Cæsar Hawkins esq. &c. &c.
&c. so being then and there nine and more of the Members of the

said Court of Assistants of that Company, being all then and there
duly assembled as aforesaid, did then and there, according to the
Form of the Statute in that case made and provided, make ordain
constitute and establish a certain Bye-Law and Ordinance, for the
Regulation Government and Advantage of the said Company of
Surgeons, in the words following. To wit, Item, It is Ordained “That
no Member of the said Company shall take any Person into his
Service, as his Apprentice, to be instructed in the Art or Science of
Surgery, for any shorter time than 7 years; which person SHALL
UNDERSTAND the Latin Tongue; his Ability wherein shall, BEFORE his
being bound, be tried by the Governors or one of them. And every
Freeman of this Company or Foreign brother shall, within one month
next after his entertainment of any Person in order to being his
Apprentice, Present such Person before the Governors or two of
them, at a Court to be by them held; and there bind such Person to
him before the said Governors, by Indenture; upon pain of forfeiting
20l. of lawful money: And the Clerk of the said Company SHALL NOT
BIND any Person who has not been so presented and examined, upon
pain of forfeiting the sum of 10l. of lawful money and being liable to
be removed from his said Office. And no Apprentice shall be turned
over from one Master to another, but at a Court in the Presence of
the Master and Wardens or one of them: And One Guinea, and no
more, shall be paid for the same.”
Which said Ordinance or By-Law, so made as aforesaid, after the
making thereof as aforesaid, and long before the said Richard Guy
had offered the said Melmoth, or the said Melmoth had offered
himself to be admitted and bound before them or any of them, an
Apprentice to the said Richard Guy, for the Term of 7 years, in the
said Art Science or Mystery of Surgery, according to the Custom
aforesaid, to wit, on the 9th day of the same April in the said year of
our Lord 1748, was examined approved and allowed by the Right
Honourable Philip Lord Hardwicke the then Lord Chancellor of Great
Britain, and by Sir William Lee Knt. the then Lord Chief Justice of His
Majesty’s Court of King’s Bench, and Sir John Willes Knt. the then
Lord Chief Justice of His Majesty’s Court of Common Bench,

according to the Form of the Statute in that Case made and
provided.
They further return That the said Ordinance or By-Law, so made
examined approved and allowed as aforesaid, hath ever since the
making examination approbation and allowance thereof as aforesaid,
been, and now is in full force and effect, and in no wise annulled
revoked and vacated.
They then return That after the making examination approbation
and allowance of the said Ordinance or By-Law as aforesaid, and
before the Issuing of this Writ, to wit, on the 3d of May in the Year
of our Lord 1759, at a certain Court then holden at Surgeons Hall in
the Old Bailey London, by Mark Hawkins then Master, and
Christopher Fullagar and Edward Nourse then Governors of the said
Company of Surgeons, (They the said Mark Hawkins, Christopher
Fullagar and Edward Nourse, having before that Time been duly
elected chosen appointed and sworn into their said respective
Offices, according to the Form of the Statute in that Case made and
provided,) came the said Richard Guy before the said Court, and
offered and presented his said Son Melmoth; And the said Melmoth
did then and there offer himself to the said Master and Governors
then being at that Court, to be admitted and bound, before them, an
said Art Science or Mystery of Surgery; And that the said Melmoth
Guy, being so offered and presented as aforesaid, was then and
there examined touching his knowledge in the Latin tongue; And his
ability therein, in Pursuance of the Ordinance or By-Law aforesaid,
was then and there fairly, candidly, and impartially TRIED by the said
Edward Nourse, he the said Edward being then and there one of the
Governors of the said Company of Surgeons: And that the said
Melmoth Guy, UPON such his Examination, and upon his Ability in the
Latin Tongue being so as aforesaid tried by the said Edward Nourse
(so being one of the Governors or Wardens of the said Company as
aforesaid) was found, NOT to understand the Latin Tongue, but to be
WHOLLY IGNORANT thereof; and was then and there so ADJUDGED and
declared to be, by the said Edward Nourse, on such Trial.—

Wherefore the said Court could not consent, but did then and there
refuse to permit the said Melmoth Guy to be admitted and bound an
said Art Science or Mystery of Surgery, according to the Custom
aforesaid, Until such Time as the said Melmoth should understand
the Latin Tongue, as by the aforesaid Ordinance or By-Law is in that
behalf required.
They further return expressly and positively, That the said
Melmoth Guy, when he was so presented and offered as aforesaid,
before the aforesaid Master and Governors or Wardens of the said
Company of Surgeons, at the said Court, by them held for the
purpose herein before in that behalf mentioned, DID NOT understand
the Latin Tongue: but WAS UTTERLY IGNORANT of the same: And that the
said Melmoth Guy hath NOT, at any Time before or since his being so
examined and tried as to his Ability in the Latin Tongue as aforesaid,
offered himself or been presented to the said Company or Governors
thereof, or any one of them for the Time being, to be tried as to his
ability in the Latin Tongue.
And therefore they cannot permit the said Melmoth Guy to be
admitted and bound before them an Apprentice to the said Richard
Guy for the said Term of 7 years, in the said Art Science or Mystery
of Surgery, according to the Custom aforesaid, as by the Writ they
are commanded.
Mr. Field pro Rege objected and argued “That this was an
insufficient Return:” For that the By-Law is a bad one, being made in
Restraint of a natural general and common Right.
The first Restriction of the common Right that every Person has of
learning and exercising any Art in any Place, except where it
happens to be restrained by Custom, is the Act of 5 Eliz. c. 4.
The City of London have indeed, by Custom, a Power over the
Youth of their City, and a Power of excluding Foreigners from
exercising Trades within their City.
11 Rep. 53. Taylors of Ipswich Case, shews the general Law to be,
that a person ought not to be restrained in his lawful Mystery.

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