CONTINUED FROM PART ONE
Though the physicians believed these regulations justified, they were also acutely conscious that they were not easily enforced, and eager to affirm their medical ascendancy and the authority of their charter, they sought repeatedly during the 1690s and early decades of the eighteenth century to secure legislation giving it statutory force, in order to ensure that those without the appropriate university qualifications and/or licenses did not encroach on the prestigious, often very profitable, professional territory of the physician. Such legislation would have served also to give them greater influence over the trade in drugs. however, one should not conceive of their campaign as simply self-motivated. altruistic, philanthropic and charitable instincts, combined with the enlightened, fashionable desire to ‘improve’Irelandand the Irish, also informed their actions. It was these ideals after all that motivated activists involved with the voluntary hospital movement of the eighteenth century. Furthermore, as well as thecollegeof Physicians,dublin’s well-to-do physicians were prominent in thedublinPhilosophical Society, the [royal]dublinSociety, and other improving societies of the day.11
at their second ever meeting, on 20 January 1693, the college of Physicians resolved that every fellow was to ‘concurr proportionally to carry on the passing of our patent [charter] into ane act of Parl[iamen]t and be att charges accordingly’.12 a week later the college selected two of their number, the President, Patrick dun, and the censor John Madden, to ask the solicitor general, Sir richard levinge, and one of the judges of the court of common Pleas, richard cox, to draft a bill that would give their charter statutory authority.13 after perusing the draft bill
and accompanying petition (which were conveyed via the lord lieutenant, henry Sydney, 1st earl romney), the Irish Privy council, which included levinge and cox among its members, unsurprisingly gave it their assent.14 however, since the 1692 parliament did not resume following its controversial prorogation in december, when the lord lieutenant refused to accede to MPs assertion that they possessed the ‘sole right’ to initiate financial legislation, the bill stood no chance of reaching the statute book at this time, and the Irish Privy council effectively killed it by not forwarding it for consideration at the english council Board.
Though the failure of this first attempt to secure legislative confirmation of their chartered rights was a setback, the members of thecollegeofPhysicianswere determined to reanimate the matter at the earliest opportunity. In May
1695, nearly three months before the Irish parliament reconvened, the college established a ‘committee to consider and order the affairs relating to the bill for confirming our charter by act of parlament [sic]’.15 It evidently concluded that there was no likelihood of their 1693 bill ever emerging out of the Irish Privy council. Perceiving that they were more likely to obtain the legislation they desired by appealing to parliament, the Physicians’ bill committee resolved in September 1695 to petition parliament to initiate an appropriate measure. It was further decided that richard cox should be employed to draft a petition embracing their request for presentation to the house of commons.16 In deciding to proceed in this manner the physicians rested their hopes on a sympathetic parliament, and since, as James Kelly has pointed out, ‘the 1695 session established that the Irish parliament would be afforded an active role in the making of law for the Kingdom of Ireland by acknowledging its entitlement to initiate legislation in the form of heads of bills’, this was a logical way to proceed.17 unfortunately, for the college of Physicians, it too encountered an insuperable obstacle.
On completion, cox’s petition was ‘fairly transcribed’ and revised by the original bills committee. It was then delivered to the tory MP for carlingford, Sir John hanmer, to present to the house of commons.18 Meanwhile, thecollegeofPhysiciansbade its fellows to canvass as many MPs as possible to ensure that the commons both acceded to the demands of the petition and supported
the consequent heads of a bill.19 In addition, to discourage petitions being lodged against their passage through parliament, a circular letter was ‘sent to the chief surgeons and apothecaries to be by them subscribed, allowing of the usefulness of our charter to the publique’.20
the college of Physicians’ petition was brought before the house of commons on 20 november 1695, and the house immediately gave William Ponsonby, MP for county Kilkenny, leave to bring in the heads of a bill entitled, ‘For the confirmation of the charter granted to the College of Physicians’.21 this petition, and the legislation that arose from it, made explicit its intentions to regulate the apothecaries’ trade, as well as to suppress the unregistered from practising as physicians.22 however, despite the college’s efforts, the surgeons and apothecaries of the Barber-Surgeons’ guild determined to oppose the measure, and they presented a petition seeking permission to present their concerns on 23 november
1695.23 the guild’s petition persuaded the commons’ select committee, to whom the heads of a bill to confirm the College of Physicians charter had been referred, to allow a delegation from the guild to appear before them to present their case. This was sufficient to convince MPs not to proceed with the measure and it was dropped soon afterwards by the house.24
the petition of the Barber-Surgeons’ guild shows clearly that it was the
‘practising physic’ clauses of the proposed legislation, and their effective banning of anyone but trained physicians from prescribing to patients and administering internal medicines, that most concerned surgeons. the petitioners argued that the legal enforcement of a prohibition on apothecaries and surgeons ‘practicing physic’ would affect the health, and thus the performance, of his majesty’s navy and army, as most ships did not possess both a surgeon and a physician. the barber- surgeons had decided shrewdly when they chose to oppose the measure on these
During the first half of the eighteenth century surgeons became increasingly disillusioned with their association with barber- surgeons, and after the 1750s few joined the Barber-Surgeons’ guild. this dissociation was largely the result of the rising status of many surgeons, a consequence of their association with the burgeoning voluntary hospital and county infirmary systems. After three unsuccessful attempts during the mid-1770s to secure legislation to set up their own representative body, Irish surgeons received a royal charter to form thecollegeofSurgeonsin 1784. they were now able to regulate their own membership and develop a system of surgical education: schools of anatomy and surgery were founded, a licensing system put in place, professors appointed, and students enrolled.grounds, given the geo-political reality of the near total war then raging between the three kingdoms ofIreland,Scotlandandengland, and catholic France. In addition, the petition suggested that an act giving the physicians’ charter the force of law would affect the health of the poorest in society as it would oblige those who were ill to seek the services of all three branches of the medical profession (which they could not afford to do), rather than just the all-encompassing aid of a surgeon or apothecary. Finally, it was contended that because the act prevented unlicensed non-physicians from preparing or administering medical compositions, the ability of surgeons to perform their trade must be severely affected, as nearly every ailment required both internal and external medicines, many of which they alone had the skill to prepare.25
despite this further discouraging setback, thecollegeofPhysicianstried on three further occasions during the next eight years to have their charter given the force of law, only to witness each initiative fail in its early stages. In July 1697, the College paid Counsellor William Usher five guineas to study ‘all such acts as are relateing to the practise of physique in england’,26 as well as the charter of the college of Physicians of Ireland, ‘and thence to draw [up] a short publique bill as he shall think fitt’.27 this done, the Solicitor general, richard levinge, was invited on 9 September 1697 to peruse the draft heads and to present it to the house of commons at the earliest opportunity, in return for which he was given a gold watch. Payment of this type may have been felt by the college of Physicians to be a more discreet way of rewarding the services of a privy councillor and law officer than a monetary fee.28 In any event, it secured levinge’s goodwill, and a fortnight later, on 24 September, he was given leave by MPs to bring in the heads of a bill ‘to regulate the practice of physic’.29 these heads were referred to a select committee, which promptly rejected them for reasons unknown. It is probable that their actions were prompted by pressure, or anticipated pressure, from the Barber- Surgeons’ guild.30
A year later, on 27 October 1698, Sir John Meade, lawyer, legal official and MP for county tipperary, was given leave by the house of commons to bring in a heads of a bill entitled, ‘to regulate the practice of physic in this kingdom’; while five years later, on 29 September 1703, Benjamin Burton, a committed social and economic improver and MP for dublin city, brought in heads entitled, ‘For regulating the practice of physic and chirurgery, and of apothecaries, in the city of dublin’. Both heads were given leave, presented and referred to a select committee for consideration, but once again they proceeded no further. It is probable that they too were rejected by the house in anticipation of the type of opposition that had defeated the proposition in 1695.31
The 1725 heads of a bill to confirm the charter of the College of Physicians
Following the rejection of the 1703 measure, thecollegeofPhysicianswent silent on the subject of giving its charter the authority of law for almost fourteen years. the fact that successive presidents and fellows devoted much of their energies to medical education may partly explain this hiatus: in 1715 it established the first King’s professorship in medicine, a post funded by the will of Sir Patrick dun. Furthermore, it could not have escaped the attention of the IrishcollegeofPhysiciansthat the campaign pursued over two centuries by thelondoncollegeofPhysiciansto extend and revive its legal right to prevent those who were unlicensed from practising physic had recently come to an abrupt halt.
In 1704, the house of lords in Westminster ruled, in their judgement on the infamous ‘William rose case’, that apothecaries might prescribe to patients in the same way as physicians as long as they did not charge for their advice but only the drugs they supplied.32 alarmed by this, and determined to protect the privileged position of physicians, the college of Physicians of london pursued a similarly protracted, if marginally more successful, parliamentary battle for the legal right to regulate the production and sale of drugs and medicines than its Irish equivalent. In 1723, an act was passed, in the face of opposition from the company of apothecaries of london, which gave the london college of Physicians the power to examine the premises of apothecaries, ‘druggists’ and ‘chymists’ and destroy anything deemed unsound or unsafe.33 although this act was temporary, valid initially for a period of four years, it was renewed for a further three years in 1727, once more in the teeth of opposition, on the same grounds, from the company of apothecaries. however, when it expired in 1730 it was not renewed because of the continuing vehement opposition of the apothecaries.34
Meanwhile, having concluded, based on their own experiences and what they gleaned of events inengland, that there was no prospect of their securing legislative recognition of their intrinsically monopolistic claims, thecollegeofPhysicianssought in 1716 to combat abuses and to protect their own privileged position by using the powers provided them by their charter. they were particularly anxious to prevent ‘apothecaries from practicing physic’,35 on the grounds that if this problem continued to be ignored dublin’s physicians would greatly ‘suffer in their business’.36 to this end, it was decided that a circular letter should be sent to dublin’s apothecaries37 threatening to remove the lucrative custom of the city’s leading physicians from those who continued to ‘practise physick’:
Whereas several apothecarys of this city have presumed to practice physick, and that in many cases to the great detriment of the sick, and to the apparent neglect of their own proper business, which is to prepare, keep and dispense good and wholesome medicines, and not to prescribe physick to patients, we, the president and censors of the College of Physicians do, by order of the said College signifie to you that the members thereof, whether fellows, candidates or licentiates will not for the future direct any note or prescription to the shop of any apothecary, who shall be convict before them of practicing physick without the advice, consent or direction of some physician approved by the college.38
this admonition failed to achieve the hoped for result, and in June 1725 the college of Physicians, possibly buoyed by the success of the london college of Physicians in securing a drugs act at Westminster in 1723, decided to attempt once again to secure a charter act.39 On 1 november 1725, the college paid henry Singleton, MP for drogheda, £6 sterling to draw up a draft heads for an act to confirm their charter.40 a fortnight later the college ordered that the ‘treasurer do give the president, Richard Helsham, ten moiders for the feeing of five lawyers in order to have their opinion on our bill’.41 a special committee was also appointed to liaise with leading dublin surgeons and apothecaries to dissuade them from petitioning against the charter heads of a bill once it appeared in parliament.42 college of Physicians’ petition requesting parliament to give their charter legal recognition was heard in the house of commons on 1 december 1725, and immediately Singleton was given leave to bring in a heads of bill ‘for preventing the abuses in the practice of physic, and for searching and examining all drugs, medicines, waters, oils, and compositions used or to be used for medicines … exposed to sale or kept for that purpose within the city of dublin.’43 these heads resembled previous initiatives in all but title, and the reaction was comparable. Once more thecollegeofPhysicians’ canvassing proved futile, as the heads came under sustained challenge from the representatives ofdublin’s surgeons, druggists and apothecaries, who presented three petitions against the measure. resorting to what was now established opposition rhetoric, they complained that if the proposed heads were passed they would detrimentally affect the profitability of their business and their ability to treat the sick. This was sufficient reason for MPs to hesitate, and the measure was rejected after a division of the house.44 the campaign had cost the fellows of the college of Physicians a total of ‘thirty pounds eleven shillings and two pence’ in fees.45
Between 1692 and 1725, thecollegeofPhysicianspursued a time-consuming and expensive, two-pronged, legislative campaign to regulate the production and sale of drugs and medicine and the ‘practice of physic’. their object was to secure legislation that would both cement their privileged position at the top of the Irish medical profession as well as improve public health. during this campaign, thecollegeofPhysiciansproved skilled at lobbying, gathering political intelligence, producing meticulously drafted heads of bills, and indentifying and canvassing sources of opposition to them. this was in keeping with the fact that its fellows were often wealthy and possessed of a wide array of political and social contacts in the upper reaches of Protestant society.
unfortunately for thecollegeofPhysicians, the surgeons, apothecaries and druggists they were eager to regulate were still more adept at raising opposition to their initiatives. these interests argued that, if made law, the provisions provided for in the 1692 charter would prevent them from prescribing and producing compounds, drugs or medicines as they saw fit, and that this would not only rob them of a large part of their livelihood but also diminish their ability to attend to those who could not afford the services of a physician. It was this influential argument, first and foremost, that doomed every legislative venture launched by thecollegeofPhysiciansbetween 1695 and 1725. In pre-1782 parliaments, petitioning was an extremely effective form of lobbying (and one that was used frequently, especially before 1732). Both Irish MPs and peers, as well as British and Irish privy councillors, regularly rejected or respited legislation that parties, representing a variety of religious, corporate or individual interests, asserted either disadvantaged them or society at large.46
The financial cost and loss of face that resulted from the failure of successive legislative campaigns, along with the fact they were becoming increasingly involved in matters of medical education,47 convinced thecollegeofPhysiciansat some point in the mid-1720s to cease their efforts to have their charter confirmed in law. they were probably encouraged to do so by the fact that their counterpart inlondonalso abandoned its attempt to secure a ‘practice of physic’ act. It was thus ironic that when the College of Physicians finally obtained the legal right to regulate the way medicines were made and sold in Ireland but they did so as a
result of the efforts of a fully apprenticed apothecary, charles lucas.
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