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
breasts those of that private college have sucked all their science and
knowledge (which I acknowledge to be great and profound) but the law
saith, _erubescit lex filios castigare parentes_: the university is the
fountain, and that and the like private colleges are _tanquam rivuli_,
which flow from the mountain, _et melius est petere fontes quam sectari
rivulos_. Briefly, _Academiæ [122]Cantabrigiæ & Oxoniæ sunt Athenæ
nostræ nobilissimæ, regni soles, oculi & animæ regni, unde religio,
humanitas, et doctrina in omnes regni partes uberrimè diffunduntur_: but
it is true, _nunquam sufficiet copia laudatoris, quia nunquam deficiet
materia laudis_; and therefore these universities exceed and excel all
private colleges, _quantum inter virburna cupressus_. And it was
observed that K. H. 8. in his said letters patent and the K. and the
Parliam. in the act of 14 H. 8. in making of a law concern. physicians,
for the more safety and health of men, therein follow the order of a
good physician (_Rex [123]enim omn’ artes censetur habere in scrinio
pect’ sui_) for, _medicina est duplex, removens, [124]& promovens;
removens morbum, & promovens ad salutem_: and therefore five manner of
persons (who more hurt the body of man than the disease itself, one of
which said of one of their patients, _fugiens morbum incidit in
medicum_) are to be removed; 1. _Improbi._ 2. _Avari, qui medicinam
magis [125]avaritiæ suæ causa quam ullius bonæ conscientiæ fiducia
profitentur._ 3. _Malitiosi._ 4. _Temerarii._ 5. _Inscii._ And of the
other part five manner of persons were to be promoted, as appears by the
said act, _sc._ those who were, 1. profound. 2. sad. 3. discreet. 4.
groundly learned. 5. profoundly studied. And it was well ordained, that
the professors of physic should be profound, sad, discreet, &c. and not
youths, who have no gravity and experience; for as one saith, [126]_In
juvene theologo conscientiæ detrimentum, in juvene legista bursæ
detrimentum in juvene medico cœmiterii incrementum._ And it ought to be
presumed, every doctor of any of the universities to be within the
statutes, _sc._ to be profound, sad, discreet, groundly learned, and
profoundly studied, for none can there be master of arts (who is a
doctor of philosophy) under the study of seven years, and cannot be
doctor in physic under seven years more in the study of physic; and that
is the reason that the plaintiff is named in the declaration doctor of
Philosophy, and doctor of physic; _quia oportet medicum esse
philosophum, [127]ubi enim philosophus desinit, medicus incipit_: as to
the two points upon which the Chief Justice, Warburton and Daniel, gave
judgment. 1. It was resolved by them, that the said censors had not
power to commit the plaintiff for any of the causes mentioned in the
bar; and the cause and reason thereof shortly was, that the said clause,
which gives power to the said censors to fine and imprison, doth not
extend to the said clause, _sc. quod nemo in dictâ civitate_, &c.
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