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
This was an action of trespass for an assault, battery, wounding and
false imprisonment. The defendants as to the beating and wounding, plead
not guilty, and as to the residue of the trespass they justify; for that
by letters patent dated the 23 of September 10 H. 8 the king granted,
that they, viz. the doctors of physick in London, should be a body and
perpetual community, _per nomen præsidentis & collegii five communitat’
facultat’ medicin’ London’, &c._ and that they might make By-Laws; _&
quod quatour singulis annis eligerentur qui haberent scrutinium
correctionem & gubernationem omnium & singulorum dictæ civitatis
medicorum & aliorum medicorum forinsecorum facultate illa utentium infra
eandem civitatem & suburbia, ac infra septem milliaria in circuitu
ejusdem, ac punitionem eorundem pro delictis suis in non bene exercendo,
&c. per fines amerciamenta & imprisonamentum corporum suorum_; and that
these letters patent were confirmed by an act of parliament of 14 H. 8.
And that on the 1st of January 8 W. 3. the plaintiff exercised the art
of physick in London, and that he administered bad and unwholesome
physick to one woman and that the said woman and her husband complained
to the defendants, being the censors of the said college; upon which
complaint the plaintiff was summoned before them, and upon examination
they found him guilty of administering unwholesome physick, by means of
which the said woman languished; and thereupon they fined the plaintiff
20l. and made a warrant under their hands and seals to —— —— who was
also a defendant, to take the plaintiff; who took him pursuant to such
warrant and conveyed him to prison; which is the residue of the trespass
of which the plaintiff complains. The plaintiff replies _protestando_,
that there are no such letters patent, and no such act of parliament;
and _protestando_, that the plaintiff did not administer such
unwholesome physick; that the defendants of their own wrong committed
the trespass; _absque hoc quod_, that the plaintiff was taken and
committed by force of the said warrant: and to this it was demurred. And
this case was divers times argued, and many exceptions were taken to the
plea and to the replication; and now this term judgment was given for
the defendants. And Holt C. J. delivered the opinion of the court; and
said, that the rest of the Judges were agreed, that the replication of
the plaintiff was ill, and that the plea of the defendants was good. The
plaintiff in his replication traverses the taking by the warrant
mentioned in the plea of the defendants; and this is ill both in
substance and in form; for in point of form he ought not to traverse the
taking by force of the warrant, but that there was not any such warrant;
for if it were necessary that the arrest of the plaintiff should be by
the same warrant that was mentioned before in the pleading that if the
defendants had shewn in their plea another warrant than that which was
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