In England, the business or profession of an A., although not regulated, nor, indeed, fully recognized, till modern times, was the subject of several ancient statutes, and is traceable to a remote period. Richard Fitznigel, who died bishop of London, is stated to have been A. to Henry II.; and it is an accredited tradition that in 1345 king Edward III. gave a pension of sixpence a day to Coursus de Gangland, an A. in London, for taking care of and attending his majesty during his illness in Scotland. It is, however, improbable that apothecaries were then common; indeed, it may be doubted whether at that time they existed as a publicly known body at all, for, in 1511, there was passed an act of parliament, the 3 Henry VIII. c. 11, for regulating the admission of persons practicing physic or surgery, which makes no mention of the class now known as apothecaries. In 1543, however, the parliament passed a very curious act, the 34 and 35 Henry VIII. c. 8, the preamble of which deals severely with the ignorance and cupidity of the London surgeons; and which, as a remedy, provides for the toleration and protection of the irregular practitioners, who afterwards, as a body, acquired the distinctive name of apothecaries. This act, strange though it be in its language, may perhaps be regarded as the real foundation of the office of the A. It certainly shows on its face sufficient cause for its recognition of the persons to benefit whom it was passed, for it complains that the surgeons Of London were not only unskillful and grasp ing, but that they " have sued, troubled, and vexed divers honest persons, as well men as women, whom God had endued with the knowledge of the nature, kind, and opera tion of certain herbs, roots, and waters, and the using and ministering of them to such as had been pained with customable diseases, as women's breasts being sore, a pin and the -.veb in the eye, uncomes of hands, buruings, scaldings, sore mouths, the stone, strangury, saucelin, and morphew, and such other likediseases; and yet the said persons have not taken anything for their pains or cunning, but have ministered the same to poor people only for neighborhood and God's sake, and of pity and charity." The act, therefore, proceeds to ordain, " That at all time from henceforth it shall be lawful to every person beino. 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, apostemation, outward swelling or disease, any herb or herbs, ointments, baths, pultess, and emplais ters, 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 forestial statute in the foresaid third year of the king's most graciouS reign, or any other' act, ordinance, or statute to the contrary heretofore made in anywise notwithstanding." Anciently, the apothecaries were not distinguishable from the grocers (the surgeons being, in like manner, undistinguishable from the barbers); indeed, it rather appears that apothecaries and grocers were synonymous terms; and it was not till 1617, in the 13th year of ,James I., that these bodies were formed into two distinct corporations' by a charter from the king, which, reciting a previous grant to the grocers in 1606, by which the two bodies were expressly united, declares that the apothecaries shall, thenceforward, be separate from and constitute a company distinct from the grocers. The privileges conferred by this charter upon the apothecaries were afterwards considerably enlarged by an act of parliament, 55 Geo. III. c. 194, to which we shall presently refer. But even after the charter of James, the London apothecaries appear to have been regarded merely as a trading company, occasionally prescribing the medicines which they sold, thus tres passing, as it was thought, on the province of the physician, until their right to do so was supported by a judgment of the house of lords, in the case of the college of physicians against Rose, reversing a previous decision of the court of king's bench. Rose, who was an A. and freeman of London, had attended one Scale, a butcher, and made up and administered what was not denied to be proper medicine to him. This, it was con tended, on behalf of the physicians, was an infringement of their exclusive privileges, and the king's bench being of the same opinion, unanimously gave judgment for the plaintiffs; but the judgment was reversed by the house of lords. So generally established had this branch of the medical profession become, that, in 1815, the act of parliament, 55 Geo. III. c. 194, to which we have already referred, was passed to provide for the sufficiency of their education; thus, for the first time, as it may be said, placing the apothecaries, as a body, on the footing of a liberal profession. This statute, which com pletely regulates the position, privileges, and responsibilities of the apothecaries, after reciting (and for the most part confirming) the charter of James I., by which the apothe
caries of London had been distinctively incorporated as a company,. proceeds to enact that no person shall practice as an A., or act as an assistant to an A., in any part of Eng land or Wales, unless he shall have, been examined by a court of examiners (to be chosen by the master and wardens of the said company, in such manner as the act directs), and have received therefrom a certificate of his being duly qualified to practice as such. And with respect to what constitutes such practice as an A., it has been judicially determined that courts of law will look to section 5 of the act, which defines certain of the duties and liabilities of the office, but which in noway deprives apothecaries of any of their pre viously acquired privileges. The certificate—for which a sum is to be paid for the bene fit of the company's funds—is not to be granted to any person below the age of twenty one, though he needs now no apprenticeship of five years to an A., or who cannot pro duce testimonials of sufficient medical education and good moral conduct; and any person practicing without such certificate, is disabled from recovering his charges, and for every such offense is, moreover, liable to a penalty of £20, which can be recovered in the county court. It is also provided that—inasmuch as it is the duty of every A. to prepare, with exactness, such medicines that may be directed for the sick by any physi cian lawfully licensed—any A. refusing to compound or sell, or negligently compound ing or selling any medicines as directed by any prescription or order, signed by any phy sician, lawfully licensed, with his initials, shall incur such penalties and forfeitures as therein set forth. And further, that the master, wardens, and society of apothecaries for the time being, or any persons by them appointed, and being not fewer than two, and properly qualified, may at all reasonable times in the daytime enter the shops of any A. throughout England and Wales, and search and examine whether the medicines and drugs be wholesome, and meet for the health of the subjects of the realm. and destroy such as they find to be otherwise; and report to the master and wardens of the society the names of the offenders, who are made liable to a fine of £5 for the first, -£10 for the second; and £20 for the third offense. The act contains, however, a proviso that nothing therein shall affect the business of a chemist and druggist in the buying, pre paring, compounding, dispensing, and vending drugs, medicines, and medicinal corn pounds, wholesale and retail; nor interfere with the rights of the universities of Cambridge or Oxford, the college of physicians or of surgeons, or the society of apothe caries, respectively, except as altered by that act.
This act, which was passed on the 12th of July, 1815, provides for the exemption from its operation of such apothecaries as might have been in practice on or before the first day of Aug. of thatyear, and was amended by an act of 1874, chap. 34.
The apothecaries in Ireland are an exclusive corporation, whose privileges, equally with those of the apothecaries' company of London, are expressly saved by the medical act of 1858 (the 21 and 22 Viet. c. 90). Although occupying a position corresponding in many respects to that of the same body in England previous to 1858, the Irish apothe caries do not appear to have established their rights as medical practitioners to the extent to which the English apothecaries have succeeded.
The law relating to apothecaries in Ireland is contained in an act of the Irish parlia. ment, the 31 Geo. III. c. 34, passed in 1791, which enacted that none should practice the art and mystery of an apothecary until after examination and certificate from the apothe caries hall in Dublin. A great deficiency had long existed in Ireland of establishments and shops for the sale of medicines and compounding of prescriptions. It thus became necessary to 'form a pharmaceutical society in Ireland, and provide for the examination and registration of persons having competent practical knowledge of pharmaceutical and general chemistry. In 1875, an act called the pharmacy act (Ireland), 1875, 38 and 39 Viet. c. 57, was passed, creating the pharmaceutical society of Ireland as a body cor porate with a first council, and defining qualifications for their successors. By that act all future duly examined persons, and all the existing licentiates of apothecaries' hall, were entitled to be registered as pharmaceutical chemists. So much of the act 1791 as prohibited keeping of open shop by others than licentiates was repealed; but it is unlawful for any person to sell or keep open shop for retailing, dispensing, or com pounding poisons within the act 33 and 34 Viet. c. 26, or medical prescriptions, unless registered as a pharmaceutical chemist, or a chemist and druggist, under this act of 1875, or to assume such names unless registered. Unqualified persons incur a penalty of £5; but licentiates of the apothecaries' hall, and others lilt° have passed an examination in pharmacy, are excepted. Registration under the act 1875 does not entitle to practice medicine or surgery. See CHEMISTS AND DRUGGISTS.
' In Scotland, there never was a class of practitioners corresponding to the English apothecaries.