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
and by the second by fine and imprisonment,
without limitation for every time of the month in which he practises
physic. [148]And all these reasons were proved by two grounds, or maxims
in law; 1. [149]_Generalis clausula non porrigitur ad ea quæ specialiter
sunt comprehensa_: and the case between Carter and [150]Ringstead, Hil.
34 Eliz. Rot. 120. _in Communi Banco_, was cited to this purpose, where
the case in effect was, that A. seized of the manor of Staple in Odiham
in the county of Southampton in fee, and also of other lands in Odiham
aforesaid in fee, suffered a common recovery of all and declared the use
by indenture, that the recoverer should stand seised of all the lands
and tenements in Odiham, to the use of A. and his wife, and to the heirs
of his body begotten; and further, that the recoverer should stand
seised to the use of him, and to the heirs of his body, and died, and
the wife survived, and entered into the said manor by force of the said
general words; but it was adjudged, that they did not extend to the said
manor which was specially named: and if it be so in a deed, _a
fortiori_, it shall be so in an act of Parliament, which (as a will) is
to be expounded according to the intention of the makers. 2. [151]_Verba
posteriora propter certitudinem addita ad priora quæ certitudine
indigent sunt referenda._ 6 E. [152]3. 12. a. b. Sir Adam de Clydrow
Knight, brought a _Præcipe quod reddat_ against John de Clydrow, and the
writ was, _Quod juste, &c. reddat manerium de Wicomb et duas carucatas
terræ cum pertinentiis in Clydrow_, in that case the town of Clydrow
shall not relate to the manor, _quia non indiget_, for a manor may be
demanded without mentioning that it lies in any town, but _cum
pertinentiis_, although it comes after the town, shall relate to the
manor, _quia indiget._ _Vide_ 3 E. 4. 10. the like case. But it was
objected, that where by the second clause it was granted, that the
censors should have _supervisum et scrutinium, correctionem et
gubernationem omnium et singulorum medicorum, &c._ they had power to
fine and imprison. To that it was answered, 1. That _that_ is but part
of the sentence, for by the entire sentence it appears in what manner
they shall have power to punish, for the words are, _ac punitionem eorum
pro delictis suis in non bene exequendo, faciendo, vel utendo illa
facultate_; so that without question all their power to correct and
punish the physicians by this clause is only limited to these three
cases, _sc. in non bene exequendo, faciendo, vel utendo, &c._ Also this
word _punitionem_, is limited and restrained by these words, _ita quod
punitio eorundem medicorum, &c. sic in præmissis delinquentium, &c._
which words, _sic in præmissis delinquentium_, limit the former words in
the first part of this sentence, _ac punitionem eorum pro delictis suis
in non bene exequendo, &c._ 2. it would be absurd, that in one and the
same sentence the makers of the act should give them a general power to
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