Rose v Royal College of Physicians
Rose v Royal College of Physicians
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Rose v Royal College of Physicians

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Rose v Royal College of Physicians

Rose v Royal College of Physicians, also known as The Rose Case, was a 1703 (also reported as 1704) British landmark court case between the Royal College of Physicians (RCP) and William Rose, a Liveryman of the Society of Apothecaries. Rose had treated a John Seale, who complained about his treatment to the RCP, who brought a successful court action against Rose in 1703. The Society of Apothecaries and Rose successfully appealed against this judgement. However, this did not change medical practice but merely legitimised what apothecaries were doing already and confirmed the "status quo". It did, nevertheless, symbolize the decline in the College's growing legal monopoly over who practises medicine. The case was ultimately seen as not one between a College and one individual, but one between one powerful College against one powerful Society.

Following a two-year debate on the definition of "physick", evidence supplied by butcher John Seale and the RCP was used in court to successfully prosecute Rose for practising 'physick' and administering medicines. However, fearing that the suit would lead to an infringement of their privileges as a whole profession, and in support of Rose, the Society of Apothecaries applied for a writ of error and the House of Lords swiftly reversed the judgement.

Apothecaries were the lowest category of doctor, originating from general shopkeepers, gaining a separate identity from 1617 and establishing a right to treat the sick during the Plague of 1665, when many physicians and their rich patients fled London. The House of Lords judgment upheld this right, and the decision established the legal recognition of apothecaries as doctors.

At the time of the Rose case, medical services were generally delivered by three providers; the surgeon, the apothecary, and the physician. Being university-educated, physicians ranked highest in status, relied heavily on good bedside manner, made diagnoses and wrote prescriptions, but did not dispense medicines.

Before 1703, it was forbidden for apothecaries to practise medicine by an Act of King Henry VIII. Their job was to compound and dispense medicines. However, the roles of these medical providers were already changing with the functions overlapping. Robert Pitt had later explained that physicians had been corrupted by the Great Fire of London and whilst many had fled London, many apothecaries were left to care for the sick people left behind. When the physicians returned, they found themselves to be reliant on referrals from these apothecaries. In addition, they also observed the apothecaries to be prescribing large quantities of expensive remedies. As a consequence, some physicians had begun to open dispensaries themselves, to the annoyance of apothecaries. These London dispensaries were endorsed by the RCP.

Seale was a poor butcher in Hungerford Market, London, during the winter of 1699-1700. He lived near to Rose and according to Rose, was suffering from venereal disease and was not trustworthy; he "hath been a very loose liver, and very much addicted to women, the effects of which fell sorely upon him the last years."

During the trial, Rose was an influential and high ranking liveryman of the Society of Apothecaries, associating with London's wealthiest citizens. His brothers included Thomas Rose and Francis Rose who patented land in Jamaica, and John Rose, a London merchant, who traded with Jamaica and transported labourers there on his ships. Another brother, Fulke Rose, was an early colonist of Jamaica whose widow eventually married Sir Hans Sloane.

Throughout the 17th century, the College actively controlled medical licensing in London by punishing those involved in "malapraxa". The founding RCP charter of 1518 had established the duty of the censor as to "enquire about all practitioners of medicine ... to examine, correct and govern them, if necessary to prosecute them".

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