Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	body_n	know_v	nature_n	1,522	5	5.1798	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50695	A collection of acts of Parliament, charters, trials at law, and judges opinion concerning those grants to the Colledge of Physicians London, taken from the originals, law-books, and annals, commanded by Sir Edward Alston Kt., president, and the elects and censors / made by Christopher Merret ...	Merret, Christopher, 1614-1695.	1660 (1660)	Wing M1836; ESTC R18709	67,476	139

there are three sorts of men which meddle with the Body of a man First is the learned man which reads all Books extant and his knowledge is speculative and by that he knew the nature of all simples And the second is practive the knowledge of which is only his experience he may give Probatum est But the ignorance of the cause of the disease and the nature of the things which he applies for the cure of that And the third is an Impostor which takes upon him the knowledge which he hath not and every of them the Colledge may punish for Male utendo faciendo vel exequendo by what they will And this was not the first care which was had for in the 9. H. 5. was a private Act made for Physicians by which there is great regard to them which are learned and educated in the University And for that the Act provides that they shall not be prejudicial to any of the Universities of Oxford and Cambridge and with this agrees 3. H. 8. 11. and the priviledges of them and the Docti graves homines mentioned in the Letters Patents are the learned men mentioned in the Act for the Statute provides that they shall punish according to these Statutes and late edicts And by the former Lawes the Universities that their priviledges were excepted and by their former Statutes the Letters Patents ought to be directed for it is referred them Also the Statutes of this Realm have alwaies had great respect to the Graduats of the Universities and it is not without cause for Sudavit Alsit and hath no other reward but this degree which is Doctor and for that the Statute of 21. H. 8. prefers Graduates and provides that Doctors of Divinity or Bachelors shall be capable of two Benefices with Cure without dispensation And so 13. Eliz. provides that none shall be presented to a Benefice above the value of thirty pound per annum if he be not a Doctor or Bachelor of Divinity And to the objection that none shall practise in London or seven miles circuit of it without license that this clause shall be expounded according to the matter and to that he agreed for the other branches of the Statute are made to cherish grave and learned men and for that it shall not be intended that this branch was made for the punishment of those but of others which the Statute intended to punish And to the second objection that every Doctor is not the learned and grave man intended within the Statute for the knowledge of many of them is only speculative without practise to that he answered that all their Study is practise and that if they have no practise of themselves then they attend upon others which practise and apply themselves to know the nature of Simples And to the third objection that in London ought to be choice men for the Statute appoints that they shall be examined by the Bishop and Dean and four others at least and for that there is a more strict course for them then in other places to that it is agreed But he said that in the University there is a more strict course then this for here he ought to be publickly approved by many after he hath been examined and answered in the Schooles to divers questions and allowed by the Congregation-house And 35. H. 6. 55. Doctor is no addition but a degree quia gradatim progressione Doctrinae provenit to that and that Doctor is teacher and that he was first taught by others as Scholars afterwards he is Master and Doctor dicitur à docendo quia docere permittitur and they are called Masters of their faculty and that the Original of Doctor came of the Synagogue of Jewes where there were Doctors of Law and it appears that they had their ceremonies in time of H. 1. And when a man brings with him the Ensign of Doctrine there is no reason that he should be examined again for then if they will not allow of him he shall not be allowed though he be a learned and grave man and it was not the intent of the King to make a Monopoly of this practise And to the second point that he propounded it seems that the Justification is not good which is Quia non comparuit upon Summons he was amerced and ordered that he shall be arrested and being arrested being examined if he would submit himself to the Colledge he answered that he was a Doctor and had practised and would practise within the said City as he conceived he might lawfully do and for that shewing of this case he was committed to prison and he conceived two things upon the Charter First That it doth not inhibit a Doctor to practise but punisheth him for ill using exercising and making and may imprison the Emperick and Impostor and so prayed Judgement for the Plaintiff and after in Hillary Term in the same year this case was argued by all the Justices of the Common Bench and at two several daies and the first day it was argued by Foster Daniell and Warburton Justices at whose Arguments I was not present but Foster argued against the Plaintiff and Daniell and Warburton with him and that the Action of false imprisonment was well maintainable And the second day the same case was argued again by Walmesley Justice and Coke chief Justice and Walmesley argued as followeth that is that the Walmesley Statute of 3. H. 8. was in the negative that no person within the City of London or seven miles of that take upon him to exercise or occupy as Physician or Chirurgeon c. And he doth not know in any case where the words of the Statute are negative that they admit any Interpretation against that but one only and that is the Statute of Marlebridge chapter 4. Which provides that no Lord shall distrain in one County and the beasts distrained drive into another County in which case though that the words are negative yet if the Lord distrain in one Country he may drive his beasts to his Mannor in another County of which the Lands in which the distress was taken were held but it is equity and reason in this case that the Statute should admit such exception for it is not of malice but for that that the Beasts may remain within his Fee but in the principal case there is not the like reason nor Equity And also the King H. 8. in his Letters Patents recites as followeth that is Cum Regii officii nostri munus arbitremur ditionis nostrae hominum selicitati omni ratione consulere id autem vel imprimis fore si Improborum conatibus tempestive occurremus apprime necessarium duximus improborum quoque hominum qui medicinam magis avaritiae suae causa quam ullius bonae conscientiae fiducia profitebantur c. By which it appears that it is the office of a King to survey his Subjects and he is as a Physician to cure

them so to be produced to testifie as aforesaid an Oath or Oathes To give 〈◊〉 Oath and him and them to swear upon the holy Evangelists to testifie and declare the truth of his and their knowledge concerning the said offenders in the premises and their said misdemeanors and offences or otherwise to examine him or them without oath as they shall think fit And that if any such person or persons as shall be thought fit as aforesaid to declare and testifie concerning the said offences upon reasonable summons and warning given as aforesaid shall wilfully make default and shall not accordingly appear before the said President and Colledge or Comminalty and their Successors or the said Censors or any three of them or if he or they shall appear and yet nevertheless shall refuse to take such oath or oathes as shall be then offered or tendred unto him or them as aforesaid or otherwise shall refuse to be examined without oath or shall refuse to make answer to such questions as shall be then asked or demanded of him or them by the said President and Colledge or Comminalty and their Successors or the said Censors or any three of them concerning his or their knowledge touching the said offences and misdemeanors or any of them or any other matter or thing concerning the same or the discovery thereof then every such person and persons shall for every such default or refusal as aforesaid forfeit and pay to the said President and Colledge or Comminalty and their Successors the sum of Twenty shillings of lawful English money And we do further of our especial grace certain knowledge and mere motion for us our heirs and successors give and grant unto the said President and Colledge or Comminalty and their Successors That the said four Censors for the Censors search time being or any three of them shall and may have full and absolute power and lawfull authority at all time and times when and as often as to them as aforesaid shall seem meet and convenient at fit and reasonable times to enter into the house shop cellar vault workhouse or warehouse or any other rooms of the house of any Apothecary Druggist Distiller and Seller of Waters Oyls or other compositions for the ends aforesaid or of any other person or persons that now doth or hereafter shall put or set to sale any Medicine Drugs Waters Oyls or Stuff fit apt or used or pretended to be fit apt or used for Medicines within the foresaid City or Suburbs of London or within seven miles thereof and then and there to search view try examine and see the said Medicines Wares Drugs Waters Oyls Medicines and Stuffs of such Apothecaries Druggists Distillers Preparers or Sellers of Waters Oyls or Medicines or other person or persons as aforesaid and to examine them upon oath or without oath as they shall think best concerning the receipts and compositions thereof and all such Medicines Wares Drugs Waters Oyls and Stuffs as the said four Censors or any three of them as aforesaid shall finde or conceive to be defective corrupted or not meet not convenient to be ministred or used in medicine for the health of mans body the said four Censors or three of them shall or may take burn or otherwise destroy the same or cause to be taken burned or otherwise destroyed according to their discretions And we do further for us our Heirs and Successors Power to Convent Apothecaries c. give and grant unto the said President or Colledge and Comminalty and their Successors that the said four Censors for the time being or three of them shall and may have full and absolute power and authority at all times when and as often as to them shall be thought meet and reasonable to send for summon convent and cause to appear before them the said four Censors for the time being or any three of them at such times and places within the foresaid City and Suburbs of London or within seven miles thereof all or any such Apothecaries Druggists Distillers Preparers and Sellers of such Waters Oyls or Medicines as aforesaid or any other person or persons whatsoever using the Art or Mystery of an Apothecary or Druggist or the Trade or Craft of a Distiller Preparer or Seller of Waters Oyls or Medicines or that shall put or set to sale any Stuff Drugs Waters Oyls Medicines or other things whatsoever apt fit or used for Medicine either simple or compound within the foresaid City and Suburbs of London or within seven miles from the same And if any such person or persons so summoned or warned as aforesaid upon reasonable summons and garnishment to him or them made in that behalf shall not accordingly make his or their personal appearance before the said Censors for the time being or any three of them at such time and place as by the said Censors or any three of them is or shall be reasonably limited and appointed Then we do by these presents declare that it shall and may be lawful to and for the foresaid four Censors for the time being or any three of them to impose and inflict such reasonable penalty fine and amerciament upon every such person or persons so making default of appearance as the said four Censors or any three of them shall think meet in that behalf So as such fine or amerciament for any one such default exceed not the sum of Twenty shillings of lawful English money And if any person or persons summoned as Bad Medicines aforesaid shall make his or their personal appearance before the aforesaid four Censors for the time being or any three of them at such time or place as is or shall be limited and appointed and then and there it shall appear unto the said fonr Censors or any three of them that the said person or persons so appearing then or of late did put or set to sale keep or retain in his or their shop or shops house or houses any wares drugs waters oyls medicines or stuffs defective corrupted and not meet or convenient to be ministred in medicine for the health of mans body or that any such person or persons so summoned and appearing as aforesaid then or of late did make or compound or deliver out any medicine either simple or compounded differing from and not agreeable in name nature and quantity unto the prescript or direction delivered unto the said person or persons before the making compounding or delivery of the said medicine then the said four Censors for the time being or any three of them shall have full power and authority to impose a reasonable penalty fine and amerciament upon all and every person and persons so offending so as the same penalty fine or amerciament for any one default or offence exceed not at any one time the sum of Three pounds of lawful English money And further to imprison such offender untill he have made satisfaction and payment of the same fine so imposed