statute by his practice, unless he practises it by the space of a month. But the clause of _non bene exequendo, &c._ doth not prescribe any certain time, but at what time soever he ministers physic _non bene, &c._ he shall be punished by the said second branch: and the law hath great reason in making this distinction, for divers nobles, [133]gentlemen, and others, come upon divers occasions to London, and when they are here they become subject to diseases, and thereupon they send for their physicians in the country, who know their bodies, and the cause of their diseases; now it was never the meaning of the act to bar any one of his own physician; and when he is here he may practise and minister to another by two or [134]three weeks, &c. without any forfeiture; for any one who practises physic _bene, &c._ in London (although he has not taken any degree in any of the universities) shall forfeit nothing, unless he practises it by the space of a month; and that was the reason that the time of a month was put in the act. 4. The censors cannot be [135]judges, ministers, and parties; judges to give sentence or judgment; ministers to make summons; and parties to have the moiety of the forfeiture, _quia [136]aliquis non debet esse Judex in propriâ causâ, imo iniquum est aliquem suæ rei esse judicem_; and one cannot be judge and attorney for any of the parties, Dyer 3 E. 6. 65. 38 E. 3. 15. 8 H. 6. 19. b. 20. a. 21 E. 4. 47. a. &c. And it appears in our books, that in many cases, the common law will [137]controul acts of Parliament, and sometimes adjudge them to be utterly void: for when an act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will controul it, and adjudge such act to be void: and therefore in 8 E. 3. 30. a. b. Thomas Tregor’s case on the statute of W. 2. c. 38. & _artic’ super chartas_, c. 9. Herle [138]saith, some statutes are made against law and right, which those who made them perceiving, would not put them in execution: the stat. of W. 2. [139]c. 21 gives a writ of _Cessavit hæredi petenti super hæredem tenent’ & super eos quibus alienatum fuerit hujusmodi tenementum_: and yet it is adjudged in 33 E. 3. [140]_Cessavit_ 42. where the case was, two coparceners lords, and tenant by fealty and certain rent, one coparcener had issue and died, the aunt and the niece shall not join in a _Cessavit_, because the heir [141]shall not have a _Cessavit_ for the cesser in the time of his ancestor, F. N. B. 209. F. and therewith agrees Plow. Com. 110. a. and the reason is, because in a _Cessavit_ the tenant before judgment may render the arrearages and damages, &c. and retain his land, and that he cannot do when the heir brings a _Cessavit_ for the cesser in the time of his ancestor, for the arrearages incurred in the life of the ancestor do not belong to the heir: and because it would be against common right and reason, the