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
And it being objected, the 1 _Mar. Cap._ 9. had enlarged the power of
the Censors, as appeared by the words of the act; it was clearly
resolved, that it does not enlarge their power to fine and imprison for
any matter not within the 14th _Hen._ 8. the words of the act of _Queen
Mary_, being “_according to the tenor and meaning of the said act_.” And
further, “_shall commit any offender, &c. for his, &c. offence or
disobedience, contrary to any article or clause contained in the said
grant or act to any ward, gaol, &c._” And in this case, it does not
appear by the record, that the plaintiff has done any thing contrary to
any article or clause within the grant or act of 14th _Hen._ 8. and for
the two last points judgment was given for the plaintiff, _Nullo
contradicente_ as to them. _Michss. Term._ 6 _James._
The Lord _Chief Justice_, _Sir Edward Coke_, in the conclusion of his
argument, observes these seven rules for the better direction of the
President and Commonalty of the said College for the future.
1. That none can be punished for practising Physic within London, but by
forfeiture of five pounds a month, which is to be recovered by law.
2. If any practise Physic there for less time than a month that he shall
forfeit nothing.
3. If any person, prohibited by the Statute, offend in _non bene
exequendo, &c._ they may punish him according to the Statute within the
month.
4. Those whom they commit to prison by the Statute ought to be committed
immediately.
5. The fines which they assess according to the Statute belong to the
king.
6. They cannot impose fine or imprisonment without making a record
thereof.
7. The cause for which they impose a fine and imprisonment ought to be
certain, for this is traversable.[90] For though they have Letters
Patents and an Act of Parliament, yet inasmuch as the party grieved has
no other remedy, neither by writ of error or otherwise, and they are not
made judges, nor a court given to them, but have authority only to do
it, the cause of their commitment is traversable in action of false
imprisonment brought against them.
_Chief Justice Holt_, in delivering the opinion of the Court, said that
notwithstanding the opinion in _Dr. Bonham’s_ case, the charge of male
administration of physic is not traversable, and that my _Lord Coke’s_
opinion in that case was but _Obiter_, and no judicial opinion: besides
that he seemed to have been under some transport, because _Dr. Bonham_
was a graduate of Cambridge, his own mother university. And he himself
after in the same case says, that if the Censors do convict a man for
such offence, they ought to make a record of it; and that, they cannot
do unless they are Judges of Record: and then we say their proceedings
are untraversable, and they unpunishable for what they do as judges. 12
_Mod._ 388. _Pasc._ 12 _Will._ 3. in the case of _Doctor Grenville
against the College of Physicians_.
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