Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
We do not think it necessary to trouble the reader with the Statutes and
Bye Law[82] which the College have made for their own internal
Government, pursuant to the power which all Corporations have of making
proper regulations to bind their own members, and according to the
Statute 14 _and_ 15 _Hen._ 8. by which they are specially authorised so
to do; these Statutes have been printed, though not under the sanction
of the College.
OF THE POWERS OF THE COLLEGE.
One of the first and most material of the powers and privileges granted
to the College by the Acts and Charter to which we have referred (and
which the reader will find recited in the Appendix,) is that of
recovering from all persons who practise physic in London and within
seven miles circuit, without their Licence, or Admission, the sum of
five pounds for every month during which they have so practised. This
power has been most minutely investigated and determined in the case of
_Dr. Bonham_.[83] _Coke’s Reports_, 123, (_see Appendix_, p. 62,) which
was an action of false imprisonment brought by _Thomas Bonham_, a Doctor
of Physic, of the University of Cambridge,[84] against the then
President, Censors and some servants of the College; the Defendants
justified under the Statute, (14 and 15 H. 8.) setting forth; that the
plaintiff practised physic in London, and within seven miles circuit,
not being admitted, &c. that being examined he was found insufficient,
and forbid to practise,[85] but notwithstanding such prohibition, he
afterwards practised for a month or more, whereupon they amerced him
five pounds, to be paid to them at their next assembly, &c.[86] and
likewise injoined him to forbear practising any more until he be found
sufficient, &c. upon pain of imprisonment; that he continuing still to
practise was further fined and ordered to be committed; that being
questioned if he would submit to the College, he replied, that he had
practised and would practise without leave of the College, and denied
that by the Statute they had any authority over him, as having taken his
degree of Doctor of Physic within the University regularly, and so
thought himself protected by that Clause in the Act; whereupon the
Censors ordered him to prison, which was executed accordingly, and for
this imprisonment this action was brought. In this case, Mr. _Justice
Daniel_, thought a Doctor of Physic of either University was not within
the body of the act, but suppose him to be within the body, yet he was
excepted by the last clause. But _Mr. Justice Warburton_ held the
contrary upon both points.[87] _Chief Justice Coke_, (for whose
judgment, _see Appendix_, 26,) said nothing as to either of those
points, because all three (who were all the judges present,) agreed,
that this action was clearly maintainable for two other points; and they
resolved,
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