unlicensed herbalists - historical origin of common law rights

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Following is the source document that most clearly establishes the historical

rights of unlicensed herbalists. This document evidences the common law

precedent that establishes herbalists' rights in all of the countries whose

legal systems evolved from English common law, which include former colonies of

England and members of the British Commonwealth, a huge percentage of the

world's nations.

 

 

[9] Herbalist's Charter of Henry the VIII; 1543 A.D. The Naturopathic Rights are

covered in the Original 13 States of America under this charter. A copy of this

document was procured through the efforts of Dr. Benedict Lust during his visit

to England in 1907; the text follows:

 

Herbalist's Charter of Henry the VIII; Annis Tricesimo Quarto and

Tricesimo Quinto. Henrici VIII Regis. Cap. VIII. An Act That

Persons,

Being No Common Surgeons, May Administer Outward Medicines.

 

Where in the Parliament holden at Westminster in the third Year

of the

King's most gracious Reign, amongst other Things, for the

avoiding of

Sorceries, Witchcrafts, and other Inconveniences, it was enacted,

that

no Person within the City of London, nor within Seven Miles of

the same,

should take upon him to exercise and occupy as Physician and

Surgeon,

except he be first examined, approved, and admitted by the Bishop

of

London and other, under and upon certain Pains and Penalties in

the same

Act mentioned: Sithence the making of which said Act, the Company

and

Fellowship of Surgeons of London, minding only their own Lucres,

and

nothing the Profit or ease of the Diseased or Patient, have sued,

troubled, and vexed divers honest Persons, as well as Men as

Women, whom

God hath endued with the Knowledge of the Nature, Kind, and

Operation of

certain Herbs, Roots, and Waters, and the using and ministring of

them

to such as been pained with customable Diseases, as Women's

Breasts

being sore, a Pin and a Web in the Eye, Uncomes of Hands,

Burnings,

Scaldings, Sore Mouths, the Stone, Strangury, Saucelim, and

Morphew, and

such other Diseases; and yet the said Persons have not taken

anything

for their Pains or Cunning, but have ministered the same to poor

People

only for Neighbourhood and God's sake, and of Pity and Charity:

And it

is now well known that the Surgeons admitted will do no Cure to

any

Person but where they shall be rewarded a greater Sum or Reward

than the

Cure extendeth unto; for in case they would minister their

Cunning unto

sore People unrewarded, there should not so many rot and perish

to Death

for lack or Help of Surgery as daily do; but the greatest part of

Surgeons admitted been much more to be blamed than those Persons

that

they troubled for although the most Part of the Persons of the

said

Craft of Surgeons have small Cunning yet they will take great

sums of

Money, and do little therefore, and by Reason thereof they do

oftentimes

impair and hurt their Patients, rather than do them good.

 

In consideration whereof, and for the Ease, Comfort, Succour,

Help,

Relief, and Health of the King's poor Subjects, Inhabitants of

this

Realm, now pained and diseased: Be it ordained, established, and

enacted, by Authority of this present Parliament, That at all

Time from

henceforth it shall be lawful to every Person being the King's

subject,

having Knowledge and Experience of the Nature of Herbs, Roots,

and

Waters, or of the Operation of the same, by Speculation or

Practice,

within any Part of the Realm of England, or within any other the

King's

Dominions, to practice, use and minister in and to any outward

Sore,

Uncome Wound, Apostemations, outward Swelling or Disease, any

Herb or

Herbs, Ointments, Baths, Pultess, and Emplaisters, according to

their

Cunning, Experience, and Knowledge in any of the Diseases, Sores,

and

Maladies beforesaid, and all other like to the same, or Drinks

for the

Stone, Strangury, or Agues, without suit, vexation, trouble,

penalty, or

loss of their goods; the foresaid Statute in the foresaid Third

Year of

the King's most gracious Reign, or any other Act, Ordinance, or

Statutes

to the contrary heretofore made in anywise, notwithstanding.

 

 

---Roger Wicke, PhD, TCM Clinical Herbalist

contact: www.rmhiherbal.org/contact/

Rocky Mountain Herbal Institute, Hot Springs, Montana USA

Clinical herbology training programs - www.rmhiherbal.org