1. That the Censors had no power to commit the Plaintiff for any of the causes mentioned in the Bar, because the said clause which gives power to the said Censors to fine and imprison, does not extend to the said clause, viz. _That none in the said City, &c. exercise the said faculty_, &c. which prohibits every one from practising Physic in London, &c. without licence of the President and College; but extends only to punish those who practise in London, _Pro delictis suis in non bene exequendo faciendo et utendo Facultate Medicinæ_, so that their power (of fine and imprisonment) is limited to the ill and not to the good use and practice.[88] 2. Admitting that the Censors had power, yet they have not pursued it. 1. Because the Censors alone have power to fine and imprison, whereas here the President and Censors imposed this fine of five pounds. 2. The plaintiff was summoned to appear before the President and Censors, and for not appearing was fined five pounds, whereas the President had no authority. 3. The fines imposed by them by virtue of this act belong to the king and not to them,[89] and yet the fine is limited to be paid to themselves, &c. and for nonpayment they have imprisoned him. 4. They ought to have committed the Plaintiff immediately, though no time be limited in this act. 5. Their proceedings ought not to be by parol, inasmuch as their authority is by patent and act of parliament, and especially it being to fine and imprison. 6. The Act giving a power to imprison until he be delivered by the President and Censors or their successors, shall be taken strictly, or otherwise the liberty of the subject is at their pleasure. And this is well proved by a judgment in Parliament in the same case; for when this act of 14. _Hen._ 8. had given the Censors power to imprison, yet it was taken so literally, that the gaoler was not bound to receive such as they should commit to him, because they had authority to imprison without any Court; and thereupon the Statute 1 _Mary_, _cap._ 9, was made to compel the gaoler to receive them under a penalty, and yet none can commit to prison unless the gaoler receives him; but the 14 _Hen._ 8, was taken so literally that no necessary incident was implied.