THE CASE OF THE APOTHECARIES.

TO prevent the Miſchiefs ariſing from Ignorance, or Temerity in the Admini⯑ſtration of Medicines, King Henry the VIIIth, by his Charter eſtabliſhed the COLLEGE OF PHYSICIANS, excluding all Perſons, who ſhould not be liſenced by them, from the Practice of Phyſick within London, and ſeven Miles thereof: Which Charter was ſoon afterwards confirmed by Parliament, and the ſaid Excluſion from Practice extended all over England.

And to prevent the like Miſchiefs in the Preparation of Medicines, the ſaid Col⯑lege were by ſubſequent Acts directed to elect, yearly, Four of their Fellows, who, after taking an Oath of Office, were impowered (with the Aſſiſtance of the Wardens of the Company of Grocers and Apothecaries) to viſit all Apothecaries Houſes within London only, and to deſtroy ſuch Drugs and Medicines as they ſhould find defective; which Power of Viſitation was afterwards, by a Charter of King James the Iſt, ex⯑tended to the Diſtance of ſeven Miles round London.

BUT the Exerciſe of this laſt Power being limitted to four Perſons, the ſame ap⯑peared to Sir Theodore De Mayerne, and Henry Atkins, Phyſicians to King James the Iſt (and who, being the then moſt illuſtrious Members of the College, may be ſuppoſed to declare the Senſe of the whole Body) ſo very inſufficient for ſuppreſſing the variety of Abuſes intended to be remedied, that at their Deſire, and for the more effectually preventing thoſe Abuſes, the ſaid King very ſoon after, by another Charter, formed the Apothecaries of London into a diſtinct Society, with the like Powers of Viſitation, and expreſsly prohibited all Perſons from exerciſing the Buſineſs of an Apothecary with⯑in ſeven Miles of London, unleſs firſt examined, approved, and licenſed by the ſaid Society.

TRUE it is that the Validity of the ſaid Charter being doubtful, and the Extent of the Powers thereby granted uncertain, and there being no Proviſion for rectifying any Abuſe of thoſe Powers, the ſaid Society have ever been very cautious in the Exerciſe thereof, and of late Years eſpecially, have kept up the Form only of a Viſitation: Whence it has happened, that ſeveral ignorant, and illiterate Perſons have been encouraged to en⯑ter upon the Buſineſs of an Apothecary, whilſt others, of perhaps a more regular Edu⯑cation, and better Knowledge, have in order to engroſs the Trade, by under-ſelling the fair Apothecary, ventured to compound their Medicines of damaged, ſtale, and coun⯑terfeit Ingredients; ſo that upon the whole, great Quantities of pernicious Medicines have been ſold in the Neighbourhood of London, and tranſmitted into all Parts of the Kingdom.

THESE Practices being notorious, the College in 1722, procured the Act of Parlia⯑ment (now propoſed to be revived) to eſtabliſh their Power of Viſitation agreeable to their Charter. But a Clauſe having, upon their Attempt to obtain a Bill for reviving the ſaid Act in 1729, been added by a Committee of the Houſe of Commons [for granting an Appeal from the Judgment of the Cenſors to ſix Phyſicians and ſix Apo⯑thecaries to be determined upon Oath, and in Caſe of Equality of Voices, by the Opi⯑nion of the Preſident or Vice-Preſident of the College] the ſaid Bill was drop'd, and the College have not ſince thought proper to apply for any Bill of that kind, notwith⯑ſtanding the Continuance and daily Increaſe of the bad Practices above-mentioned.

AT length ſeveral Apothecaries, [whoſe Profeſſion affords them but too frequent Op⯑portunities of obſerving the Extent and miſchievous Effects of thoſe bad Practices,] thought it their Duty, as well in Regard to the Publick, as themſelves, to repreſent the ſame to the LEGISLATURE.

IN Conſequence of this Application, the Houſe of Commons have been pleaſed to order in a Bill, to revive, explain, and amend the ſaid Act paſſed in 1722. From which Order the ſaid Petitioners conceive that honourable Houſe was ſatisfied of the Inſuffici⯑ency of a mere Revival of the ſaid Act, and therefore they ſubmit the following Amendments or Alterations, as what they humbly apprehend will render the ſaid Act moſt effectual on the one Hand, and prevent any Abuſe of the Powers thereby granted on the other, Viz.

• I. THAT the Court of Aſſiſtants of the Apothecaries ſhall yearly elect ten ſuffici⯑ently ſkillful Perſons to be called Examiners of Apothecaries, and forty-eight (or any other competent Number) to be called Examiners of Medicines, who ſhall all be ſworn to the due Execution of their reſpective Offices.
• II. THAT for the Future no Perſon (except the preſent Members of the Society, who have been already examined) ſhall, within ſeven Miles of London, exerciſe the Art of an Apothecary, unleſs firſt examined, and approved by three, or more of the ſaid Examiners of Apothecaries, and licenſed to exerciſe the ſame by Let⯑ters Teſtimonial, under the Seal of the ſaid Society.
• III. THAT any Perſon rejected by the ſaid Examiners may have an Appeal to the Preſident, and Cenſors of the College, and if approved by them, ſhall be licenced by the ſaid Society.
• IV. THAT there ſhall be paid to the ſaid Society for every Examination and Li⯑cence [...] and no more; and that every ſuch licenſed Perſon ſhall, during his Continuance in the Buſineſs, pay (as the Freemen of the ſaid Society do) the yearly Sum of ſix Shillings, to be appropriated to the ſupporting the Botannical Garden at Chelſea, to which he, and his Apprentices ſhall have Liberty to reſort, for their Inſtruction in Botany.
• V. THAT (in lieu of the ſaid Cenſors) the ſaid Examiners of Medicines, or any four of them, ſhall have Power, whenſoever they ſhall think fit (and be obliged, as often as the Court of Aſſiſtants ſhall think proper) to go upon the Vi⯑ſitation, and thereupon to enter any Houſe &c. of any Perſon within the Limits aforeſaid, who ſhall prepare, or keep for Sale, any compound Medicines, and to examine the ſame, and deſtroy ſuch as they ſhall adjudge bad.
• VI. THAT any Perſon ſhall have Liberty to appeal from the Judgment of the ſaid Examiners, to the ſaid Preſident, or Vice-Preſident, and Cenſors, whoſe Deter⯑mination ſhall be final, the Medicine complained of to be, in the mean Time, conveyed to the College.
• VII. THAT in all Caſes of Appeal the ſaid Examiners, as well as the Parties ap⯑pellant, may produce Witneſſes to be examined upon Oath, either as to their Knowledge, or Opinion of the Preparation in queſtion.
• VIII. THAT every Perſon convicted by the ſaid Examiners (unleſs their Judgment is reverſed within [...]) of ſelling or keeping for Sale, any adulterated or per⯑nicious Medicine ſhall forfeit the Sum of [...]
• IX. THAT Perſons obſtructing the ſaid Examiners in the Execution of their Office ſhall forfeit the Sum of [...]
• X. THAT all Penalties ſhall go, one half to any Perſon who will ſue for the ſame, and the other half to the Poor of the Pariſh where the Offender ſhall reſide.

THESE Amendments, the Petitioners humbly conceive, will appear to be proper, and neceſ [...]ary, for the following Reaſons, viz.

THAT the four Cenſor [...] who muſt be preſumed to be, as the Law requires, the beſt learned, [...]eſt, and moſt [...] of their Profeſſion, and conſequently moſt employed,) cannot ſpare ſufficient Leiſure to attend the Viſitation, ſo diligently, and frequently as they ought, without great Loſs to themſelves, and to the Publick, who may want their Aſſiſtance in another Way.

THAT their Number, even if they were to give their utmoſt Attention, and dedicate their whole Time to this Duty, would not be ſufficient to viſit all Apothecaries Shops within London, and ſeven Miles thereof, which upon a fair Computation, will appear to be upwards of a Thouſand.

THAT the original Juriſdiction, and the Determination on the Appeal ought not to be in the ſame Body, the Members of which may be ſuppoſed tender of each other's Re⯑putation, and the general Character of their Community.

THAT neither the Cenſors in the [...] Inſtance, nor the Preſident, and Fellows upon the Appeal, are by the ſaid Act put under the Reſtriction of any particular Oath.

THAT by the ſaid Act no Proviſion is made for preventing Perſons from entering upon the Buſineſs of Pharmacy who have not been properly inſtructed therein, and [3]who conſequently require a much ſtricter and more frequent Viſitation than any reaſon⯑able Number of Viſitors can poſſibly attend.

THAT the only Puniſhment provided by the ſaid Act for keeping any adulterated, or pernicious Medicine for Sale, is the deſtroying it, which in moſt Inſtances (as Med⯑icines are principally adulterated for the ſake of ſaving the expenſive Ingredients) is a very trifling Puniſhment, by no Means adequate to the Offence.

THESE Alterations in the Act (it is humbly conceived) will anſwer all the ſalutary Intentions of the honourable Houſe of Commons, and yet preſerve to the Society of Apo⯑thecaries, the Privileges granted to them by their Charter; Privileges! ſo far from be⯑ing unreaſonable in their own Nature, that Parliament has thought proper to grant, or confirm the like to the College of Phyſicians, and Company of Surgeons; and that, with⯑out any of thoſe Guards againſt the Abuſe of Power, which the Petitioners propoſe, and deſire may be provided in their Caſe; nor can the ſaid College, and Company but ap⯑prove, in the Society of Apothecaries, a Conſtitution which, in their own reſpective Bo⯑dies, they have, by long Experience, found to be highly beneficial to the Publick.

WITH reſpect to the College, it is true the Power of Viſitation, which has hitherto been exerciſed by their Cenſors, and the Wardens of the Society of Apothecaries in Conjunction, is by theſe Alterations propoſed to be wholly veſted in ſworn Examiners of the ſaid Society. But then in lieu thereof, the ſaid College are intended to be veſted with a ſuperior Juriſdiction, and Controul, which the Petitioners humbly conceive is more ſuitable, not only to the Convenience, but Dignity of that learned Body; and from the above-mentioned Teſtimony of Sir Theodore de Mayerne and Dr. Atkins, as well as from the Nature of the Thing itſelf, it appears that the Apothecaries are very properly qualified for the Viſitation hereby propoſed to be entruſted with them.

As to the Perſons who will be immediately affected by the Examination intended by theſe Amendments,—It is ſubmitted whether it can be thought an Hardſhip to oblige thoſe who will engage in a Profeſſion, of ſo much Conſequence to the Publick, to give a Teſt of their Ability and Fitneſs for it; and as they will become intituled to ſe⯑veral of the Privileges, without being ſubject to the many burthenſome and expen⯑ſive Offices of the ſaid Society, it is but reaſonable that they ſhould contribute ſomething towards defraying the additional Expences which theſe new Duties will occaſion.

THE Application of the yearly Sum of ſix Shillings (it is likewiſe hoped) will be thought ſo very uſeful to the Publick, that no Objection can be made to ſo trifling a Demand.

THE ſaid Society do (at an Expence too great for their preſent Circumſtances) endeavour to maintain a Botanical Garden, which the Munificence of that great Patron of na⯑tural and uſeful Knowledge, Sir Hans Sloane, has enabled them to eſtabliſh: A Matter in ſeveral foreign Cities, thought worthy of the Publick Care. At this Garden, (at pre⯑ſent furniſhed with as great a Number of Plants as perhaps any in Europe) a De⯑monſtrator is appointed by the Society, to inſtruct their Members, and Pupils in this ne⯑ceſſary Branch of Pharmacy, and to ſuperintend, at proper Times, Herborizations in the Neighbourhood of London; of all which Advantages the ſaid Licentiates and their Apprentices will be entitled to partake.

UPON the whole, the Petitioners humbly hope the Publick will, by theſe Propoſals, be ſatisfied that they have no unreaſonable Views of enriching the Society, of which they are Members, or of procuring any particular Advantage to themſelves; their ſole Intention, in offering to take this Burthen upon them, being that they may contribute as much as in them lies to the preventing Frauds in their Profeſſion. And as a Proof that they have no oppreſſive Views, they decline no Appeal to any Juriſdiction the Legiſlature ſhall think proper, not deſiring to be truſted with a Power over others, which they would be ſorry to ſee granted to any, over themſelves: neither do they wiſh for more than a temporary Probation of their Scheme, that ſo, if it ſhall be found hurtful or ineffectual, it may not be intailed upon Poſterity.