Reasons on behalf of the Apothecaries bill: humbly submitted to the consideration of this present Parliament. In answer to the city of London's petition against the said bill.

REASONS On BEHALF of the APOTHECARIES BILL : Humbly Submitted to the Consideration of this present Parliament . In Answer to the City of London's Petition against the said Bill .

The Considerations that induced the Apotheca●ies to move for an Exemption from Publick Offices . THE Apothecaries finding it very inconsistent , not only with their particular private Interest , but Dangerous to their respective Patients , in Person to serve those several Parish , Ward , and Leet Offices , and on Juries ( to all which they are subject ) in that they then could not so well attend either in their respective Shops for the making and duly preparing their Medicines , nor on their Patients whilst either the Doctor gave his Prescriptions , or the Circumstances of their Patients required it . They did therefore generally Fine to be exempted from such Personal Services .

But perceiving that the Charge of such Exemptions was very Expensive , and knowing that the Profession of the Common and Civil Law ( in All their Branches ) were excused from such Services , and that the Physitians and Chirurgions were by particular Acts of Parliament discharged from the like ; and believing ( and hoping to prove ) that the Re●sons for the same Exemptions of Apothecaries were as great ( if not greater ) than for the Discharge of any of those , They did therefore ( with all humble Submission ) endeavour to procure a Bill for that purpose ; the reasonableness whereof may appear from these following ( amongst many other ) Considerations .

Reasons for the Bill . First , The Apothecaries time is so very precarious , that they have no certain Vacation , no not in any Hours of the Night , ( appointed by God and Nature for a general Rest ) for being often called upon at all times , both Night and Day , either to prepare Medicines , according to the Doctors Prescriptions , or to attend on their Patients on some particular Distempers , and upon all occasions on the Poorest sort , who have scarce any Money for Food , and none for Physicians or Physick ; for which reason it is not , with humble submission ,

Secondly , Consistent with the common Benefit of Mankind that the Apothecaries should in P●rson serve in either of the before O●fices or Duties ; for whilst they attend such Services , their Personal Attendance , either in their Shops for the sudden preparing some particular Medicines , or on their Patients upon some certein Exigencies , or on the Poorest sort , upon all , may and often doth appear so very requisite , that the neglect thereof would be the Loss of the Patient .

Thirdly , The Reason given by the 32. H●n . 8. cap . 40. for the exempting Physicians from those several Duties , holds ( with due submission ) in a greater degree good for the granting Apothecaries the same Immunities . — The preamble of that Statute in substance sets for●h , That by the then Law , Physicians were Compelled to Serve in the before-mentioned Offices , by reason whereof , they could not give their Personal Attendance on the Nobility , Gentry , and Commonalty , in their respective sickness , as the exigencies of the Sick did necessarily require . — Now considering how often the Apothecary Attends the greatest in Quality when Sick , and all Ranks and Degrees of men in their respective Distempers , and to the Poorest he must either in Charity not only go , but give his Medicines , or they would Perish . It is supposed to need no proof that the Apothecaries Attendance on the Sick ( in All cases considered ) takes up much more of his time , than the Physicians spend upon the like occasions .

Fourthly , Not only Lawyers , but all Attorneys and Clerks of Offices are excused by Common Law from serving in either of the before Instances : And if it so happen that any Attorney or Clerk either is ( or stands in danger of being ) chosen to any of those Offices , the Court to which he belongs grants him a Writ of Privilege ( directed to such whom it may concern ) Commanding them that they excuse such Attorney or Clerk not only from that particular Office to which they endeavour to chuse him , but from all other Publick Offices ; and that they chuse some other fit Person to those Employments . The Reason given in such Writs of Privilege , is to this effect ; viz. That those Persons by the Duty of their Professions being obliged to attend that Court to which they belong , in the Prosecution or Defence of their respective Clients Causes , it would extremely tend to the common Prejudice of the King's Subjects , that those men should be called off from such their Prof●ssion , to those common Offices that any else can as well serve . Now the Preservation of Property , and the procuring Satisfaction for Damage sustained ( for which the Lawyers Profession is instituted ) cannot ( in the nature of things considered ) justly claim greater Privilege than this Bill would enact for such whose Employments it is to remove Sicknesses and Pain ( two Adversaries more dreaded by , and hurtful to Mankind , than any the Attorneys can defend us from ) . Of all Natural Evi●s , Pain and Sickness ( next to Death ) are esteemed the greatest ; nay , sometimes in exchange for those this is desired . Health ( of all Natural Blessings the most valuable ) Mankind are daily preserved in , and recovered to , by Physical Prescriptions ; and therefore a Profession instituted for those most Noble and Inestimable Purposes , may reasonably hope for all those proper Encouragements and reasonable Exemptions .

It is commonly objected by the Petitioners , That the Apothecaries may be excused from their Personal Services by their Fining ( or procuring a Deputy ) ; which Fines the Petitioners pretend are expended in the Relief of the Poor , or some other Publick Services .

Were those Fines employed to the Purposes pretended , there then were greater Reasons for Fining , than now in truth there is : For in fact that which is here said to be laid out in those Charitable and Publick Services , is generally ( in the greatest part thereof ) spent upon the Rich [ the V●stry-men ] ; who in Luxurious Treats defraud both Poor and Publick . But farther , It is humbly conceived , That

☞ Wheresoever it is not consistent with the Interest of the Publick , that a Profession should ( in PERSONAL SERVICES ) be incumbred with those common Offices ( most of which any man else may as well serve ) There it is against all Equity , th●t the Profession should Fine .

And this last Objection will appear the more unreasonable , if what is naturally implied therein , be plainly express'd ( viz. )

T●a● it is fit this Prof●●sion should pay their ●ines , that they may the better serve the Common Interest of Mankind . The last Objection holds as strong against Lawyers , Attorneys , Physicians , and Surgeons , all which are now exempted , for they may Fine off , or find a Deputy ; but for the Considerations before-mentioned , neither is thought reasonable .

The Petition pretends , That should this Bill pass into a Law , the City of London will be Greatly concerned in the Consequences thereof .

I must confess this Petition holds true in the Letter , but not in the Intention of the Petitioners ; for the Health of those that are well ( in the Prevention of Sickness ) and the R●covery of such as are Sick , are Greatly concern'd that this Bill should be enacted : But I am too short-sighted to foresee the least ( comparative ) Ill Consequences to the City by the passing this Bill . Had I not read the Bill , but was to judg the Prejudice , from this Petition , and the great Opposition that is thereby made , I could not guess less than 10000 l. per Annum would be ●he Loss this great and rich City would sustain by the passing this Bill . But when I reflect on the real Damage to be by the City sustained , if this Bill passes into an Act , I stand amaz'd at the Opposition . For there not being above 188 Apothecaries within the Precincts of London , ( and so not two to a Parish , within the City Limits , there being 113 Parishes ) the most this City would get by these mens Fining is not above a Hundred Pound per An. Communibus Annis ; and consequently the Charge to the City would not exceed that Sum , if the desired Exemption was granted .

And whether only the City Apothecaries should bear that Charge that they may the better serve the City in its Sickness , or the City in general who reap the Benefit of their Constant Services in their Prof●ssi n , must be Humbly submitted to the great Wisdom of this Honourable Parliament .

The passing this Bill would be an ill President , and occasion other Professions and Trades to endeavour for the like Exemptions .

There is not the least shadow of Reason for any other Profession or Trade ( by Law not already freed from those Duties ) to be exempted from those Offices ; for if it so happen that any of those in their Publick Attendance neglect their Trade , the Prejudice is only to their private particular Interest ; whereas by the Neglect of the Apothecaries in their Profession many of their Patients may perish .

It is a Rule in Law , and grounded on the Reason of things , That every thing ought to be respected according to its Worthiness . Life and Liberty above the Possessions of men : Wherefore the Common Law having given ( as before observed ) Large Exemptions to a certain Profession engaged in the Defence of Property , 't is reasonably hop'd , That Statute-Law will in this Instance now grant ( what for the like Cause in a less degree it hath formerly given ) as great Privileges in order to the Preservation of Life .

There is a standing common Maxim in Law , Ubi est eadem ratio , &c. Where there is the same Reason there ever is the same Law : Seeing therefore the Reason the Law gives for the Discharge of Physicians , Lawyers , &c. ( viz. The General Interest of the Publick ) concludes ( with due Submission ) much stronger for the Exemptions by this Bill desired , It is humbly hop'd ( notwithstanding the present Unreasonable Opposition ) That the Bill under the present Consideration of this Honourable Parliament , may pass into a Law .

A MODEST REPLY to the CITY-REASONS against the APOTHECARIES BILL . Humbly Submitted to the Consideration of this present Parliament .

FIRST , It is alledg'd against the Bill , That the Ground thereof is False ; viz. That the Apothecaries serving Parish , Ward , and Leet Offices , takes up so much of their Time , that they cannot perform their Trust in their Trade , or attend their Patients according to their Duty .

Answer , This Suggestion had been indeed False , could those several Offices have been executed without employing any time therein .

't is suggested , That the Duty of ( and the only Trust reposed in ) the Apothecaries , is to make and compound their Medicines , and then to carry or send them by their respective Servants ( as other Tradesmen do ) .

Answer , It were for the Ease and Interest of the Apothecaries to wish , that their Attendance were never required , and that the Necessity of the Case did never dispense with their administring Physick without a Physician's Prescription : But it is so Notorious in Fact as it needs no Proof ▪ That did not the Apothecaries in Charity Give to many both their Attendance and Physick , some Thousands would perish , seeing their unhappy Incapacity can pay for neither .

This is not alledg'd to plead for a Liberty of Practice , but only to expose the evident Falsity of the Suggestion : And it 's presumed , scarce any that oppose this Bill would employ that Apoth●cary who should only send his Servants , refusing in Person to visit , whilst he was under a Physical Prescription .

Secondly , Whereas it is suggested , That most of the Offices in the Bill mentioned may be executed by Deputy :

Answer , This is equally Chargeable with Fining : And if the Personal Attendance of this Profession in those Offices is not consistent with the Common Interest , It 's humbly submitted to the Great Wisdom of this Honourable House , Whether it 's reasonable that the Professors should be thus charged ; for that is in effect buying an Exemption for a General Good . Which ( with all due Submission ) it may be hop'd this Honourable Parliament will now Grant without Price . As for Judge Rolls's serving an Office by Deputy , it was by the Recorder of London confess'd to be done Ex Gratia .

It is suggested , That the Apothecaries are Ambitious of several Offices of Honour and Profit , in which as much of their Time is spent , as in those they would now be exempted from .

Answer , There are not above Eight Apothecaries Common-Council men ; but One ( at present ) an Alderman's Deputy ; but One in the Lieutenancy ; not exceeding Two in Commission , in the City of London ; neither of which was by them sought .

As for their spending some Time in Electing Lord-Mayor , &c. those Elections are very seldom , and so but a small part of their Time therein spent : And being in them a voluntary Act , it 's never done to the Neglect of their Patients . But it is quite otherwise in those Offices , which positively require their Personal Service .

Thirdly , 't is Objected , That the Apothecaries have not the same Reasons for Exemptions as the Physitians , whose Personal Attendance is required , and they cannot act by Proxy .

Answer , 't is confess'd that Physicians must Act in Person : And it is as manifest Truth that the Apothecaries doe , and ( as before observed ) in a thousand instances must , or the Patients must perish . And which of these two spend most time on their Patients ( with humble Submission ) most deserve an Exemption .

Some of the Learned'st and Eminent'st Physicians knowing the grounds of this Bill to be true , have industriously promoted the Passing thereof ; for which the Apothecaries think themselves in gratitude bound to make their publick acknowledgment .

Fourthly , 't is asserted that the Fines for Offices by Act of Common-Council are forbid to be applied to Feasting , &c.

Answer , This very Prohibition proves the before-common Abuses of those Fines , and it can plainly be proved , that notwithstanding that Act ( in the greatest part of them ) they are still misspent in luxurious Treats .

Fifthly ; As for the Universal Exemption of all Apothecaries throughout the Kingdom by those Reasons complained of .

Answer , Upon first reading this Bill , the grounds thereof , and the ben●fits thereby , were thought so reason●ble and advantageous , that a worthy Member of the House Mov'd the Exemption might extend to all Parts of England . This motion was so well approv'd of , that the Bill was immediately alter'd to its now latitude .

Sixthly , 't is Objected , That the present Exemptions from Offices are already too many , and that such Immunities tend to the great Oppression of the Subject , especially the poorer sort .

Answer , There are not above Three hundred thirty seven Apothecaries within the Bills of Mortality ; and modestl● speaking , there are One hundred thirty three thousand houses ; so that there is but one Apothecary to Four hundred Families , and above Two thousand persons to an Apothecary within those Limits . And how very Oppressive the desired Exemption would prove to so many ( which in the Charge of Fines would not come to above 100 l. per Ann. Communibus Annis ) deserved the Consideration of the Objectors before they had made this groundless suggestion . And whereas these Gentlemen alledge that the Poorer sort will be most grieved by Passing this Bill : It 's humbly conceived ( for the Reasons before alledged ) That those will receive th● greatest Benefits by the Passing thereof .

Now whether the Apothecary's Profession Only should be charged with this 100 l per 〈◇〉 Fines for their Exemption or the O 〈…〉