Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
(_From_ 8 _Co. Rep._ 114.)
_Hil._ 7 _Jac._ 1.
THOMAS BONHAM, doctor in philosophy and physic, brought an action of
false imprisonment against Henry Atkins, George Turner, Thomas
Moundford, and John Argent, doctors in physic, and John Taylor, and Wm.
Bowden yeomen; for that the defendants, the 10 Nov. _anno_ 4 _Jacobi_,
did imprison him, and detain him in prison seven days. The defendants
pleaded the letters patent of King H. 8. bearing date the 23 Septemb.
_anno_ 10 of his reign, by which he recites, [112]_Quod cum Regii
officii sui, &c._ (_quod vide ante p._ 7.) But the case at bar doth
principally consist on two clauses in the charter. The first,
_concessimus etiam eisdem presidenti, &c._ (_quod vide ante p._ 10). The
second clause is, which immediately follows in these words, _præterea
voluit, &c._ (_quod vide ante p._ 10.) And afterwards, by act of
Parliament made _anno_ [113]14 H. 8. it was enacted, that the said
corporation, and every grant, article, and other things in the said
letters patent contained and specified, should be approved, granted,
ratified, and confirmed, &c. _in tam amplo & largo modo prout poterit
acceptari, cogitari, et construi per easdem literas patentes_. And
further it was enacted, that the said six persons named in the said
letters patent, as principal of the said college, should elect to them
two other of the said college, who should be named _electi_, and that
the said elects should chose one of them to be president, as by the said
act appears: and further, they pleaded the act of [114]1 _Mariæ_, by
which it is enacted, _Quod quædam concessio, &c._ And further it was
enacted, “That whensoever the president of the college, or commonalty of
the faculty of physic at London for the time being, or such as the said
president and college shall yearly, according to the tenor and meaning
of the said act, authorize to search, examine, correct, and punish all
offenders and transgressors in the said faculty, &c. shall send or
commit any such offender or offenders for his or their offence or
disobedience, contrary to any article or clause contained in the said
grant or act, to any ward, gaol, or prison, &c.” (see p. 26.) And
further pleaded, that the said Thomas Bonham, 10 April, 1606, within
London, against the form of the said letters patent, and the said acts,
_exercebat artem medicinæ, non admissus per literas præd’ presidentis &
collegii sigillo eorum communi sigillat’ ubi revera præd’ Tho. Bonham
fuit minus sufficiens ad artem medicinæ exercend’_. By force of which,
the said Thomas Bonham, 30 _Aprilis_ 1606, was summoned in London by the
censors or governors of the college, _ad comparend’ coram præsiden’ &
censor’ sive gubernatorib’ collegii præd’_ at the college, &c. the 14th
day of April next following, _super præmissis examinand’_. At which day
the said Tho. Bonham came before the president and censors, and was
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