Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	commit_v	execution_n	1,415	5	10.2869	5	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

never any admitted and without which the admission cannot be approved because every Graduate is not absolutely good ipso facto Resp 4 It was resolved by all that all that practised or should practise Physick either in London or within the compass of seven miles of the same must submit themselves to the Examination of the President and Colledge if they be required thereunto by their authority notwithstanding any Licence allowance or priviledge given them in Oxford or Cambridge either by their degree or otherwise Concerning punishment and correction against Offenders Quest 1 WHether the Censors alone may not commit to prison without Bayl or Mainprise all Offenders in the practise of Physick according to the Statute of primo Mariae and how long Whether till he have paid such Fine as shall be assessed upon him or have submitted himself to their order and in what manner Resp 1 They all resolved that for not well doing using or practising the Faculty or Art of Physick or for disobedience or contempts done and committed against any Ordinance made by the Colledge by vertue and according to the power and authority to them granted they may commit the offenders without Bayl or Mainprise as the words of the Statute are which they all resolved could not be altered or interpreted otherwise then the express words of the Statute are Quest 2 Whether they may not commit to prison for disobedience and contempt of the private Statutes and Ordinances of the Colledge made for the better government thereof and for not payment of such reasonable Fines as shall be imposed by the President and Censors for maintenance of the said Colledge among the Members of the same Colledge Resp 2 They all resolved that the President and Colledge might commit to prison for offences or disobedience done or committed against any lawfull Ordinance made by the said Colledge and might impose reasonable Fines for the breach thereof and detain the parties committed till these Fines were satisfied Quest 3 Whether they may not justly take upon every admission a reasonable sum of mony for the better maintenance and defraying of necessary expences as in other Corporations Resp 3 They all held that they might take such reasonable sums Quest 4 Whether those only are to be committed that are offenders in non bene exequendo faciendo utendo facultate Medicinae as in the Letters patents and such as are sufficient and not admitted are to be sued for 5 l. a month and not be committed Resp 4 They all held that by the Charter and Acts of Parliament they might commit offenders and practisers that offend in Non bene exequendo faciendo utendo facultate but for the committing to prison of such as practise not being admitted by the Colledge they held it doubtful for that the Charter and Statute do in that case inflict a punishment of 5 l. a moneth against such practiser without admittance by the Colledge But they all resolved that if the President and Colledge made an Ordinance to prohibit the practising of all without admittance under the common Seal of the said Colledge That for breach and contempt of this Ordinance the President and Colledge might both impose a reasonable Fine upon the offender and commit him without Bayl or Mainprize Quest 5 Whether refusal to come to be examined upon warning given be not a sufficient cause of Commitment Resp 5 They all resolved that if the Colledge do make an Ordinance That if any practiser of Physick in London or within seven miles of the same shall obstinately or wilfully refuse to be examined by the Censors of the Colledge in non bene exequendo faciendo utendo the Art of Physick or his medicines or receipts That the said President and Censors may commit him to prison there to remain without Bayl or Mainprize untill he be delivered by the President and Censors and to forfeit and pay to the said Colledge some reasonable sum of money that the same Ordinance will be good and lawful And if any after shall offend contrary to the same Ordinance the President and Censors may lawfully commit such offender to prison there to remain without bayl or mainprize untill he shall be delivered by the said President and Censors It pleased the Lord Chancellor to move these Questions To the Judges as material for the execution of the Statutes Quest Whether the party committed for unskilfull or temerarious practise may have an Action of false imprisonment against them and thereby draw in question or issue the goodness or badness of the Physick Resp All resolved that the party so committed was concluded by the sentence and Judgement of the four Censors of the Colledge of Physicians Quest Whether if any not admitted to practise physick sick within London or seven miles of the same but once twice or thrice in one month be an offender against the Charter and Statutes of the Colledge Resp All resolved he was if he be a professed Physician AT a Trial had at Guild hall before Justice Nicholas Nov. 27. 1656. upon an Information it was found for Barker upon these words in the Information mislaid by Letters of the said President and Comminalty Sealed whereas the words of the Charter are Sealed by the Seal of the President and Colledge Barkers Councel at the Bar pressed it upon the witnesses whether they gave Barker money for advice only or for Physick only or both They said that he only sold his Medicines as Apothecaries and any Free-man of London might do Our Witnesses swore that Barber took their money for both Serjeant Maynard then urged that the King never gave his assent to this Charter as appeareth said he by the Rolls of that Session of Parliament a Copy whereof he brought into the Court. And the reason then assigned was because the usual words le Ray le veult were not subscribed to this Act. But Mr. Finch desired that point might be put upon demur in Law after trial Serjeant Maynard then waved the point After this trial search was made for the Act upon the Physicians Charter at the Tower of London but found that there were no Acts kept there made since the reign of H. 7. Then search was made at the Clerk of the Parliaments Office at Westminster but not one Act of that Sessions of Parliament nor any other from the 7. to the 22. of Hen. 8. found there for most of the Acts kept there concern only particular actions or persons But at the Rolls this Charter was found and that none of that part of the Act which is in English in the Book of Statutes was there set down in writing but the bare words of the Charter only at the end whereof these words but plainly in another hand huc usque were written and after all this a good large space in the parchment wholly blank left as it seems to inscribe the rest of the Act. After this Charter these words subscribed per ipsum regem c.

and knowledge c. or Drink for the Stone and Strangury in any part of the Realm without suit vexation c. any Act or Statute to the contrary notwithstanding And that he having skill in the nature of Herbs Roots and Waters by speculation and practise applied to persons requiring his skill Herbs Ointments Baths Drinks c. to their Sores Uncomes Wounds and for the Stone and Strangury or Agues and to all other Diseases in the said Statute mentioned prout ei benelicuit Et quoad aliquam aliam practisationem seu facultatem medicinae aliter vel alio modo quod non est culpabilis Et de hoc ponit c. And makes his averment Et hoc paratus est verificare The Plaintiff replies and shews the Statute of primo Mariae capite nono which confirms the Charter of decino Henrici octavi and the Statute of decimo quarto Henrici octavi and appoints that it shall be in force notwithstanding any Statute or Ordinance to the contrary And upon this it was demurred because it is a departure for it intitles him by another Act viz. the Statute of primo Mariae which is not mentioned in the Count and therefore 't was assigned for Error But all the Court here conceived That it is no departure Because it fortifies the Count and is as to revive the Statute of decimo quarto Henrici octavi if it were repealed in this particular by the Statute of tricesimo quarto Henrici octavi And for that the Case of Woodhead was shewn to the Court Mich. 42. 43. Eliz. rot 397. where the President of the Colledge of All-Souls bringing an Action upon the Case for taking Toll in and shews a Charter of vicesimo sexto Henrici sexti to be discharged of Toll the Defendant pleaded the Act of Resumption of Liberties granted by Henry the sixth made and so the Liberty gone The Plaintiff pleaded a Reviver of them by the Statute of quarto Henrici septimi And it was held to be no departure but as it were a confession and avoiding The third and principal Error assigned was if the Statute of tricesimo quarto Henrici octavi be not repealed by the Statute of primo Mariae and if not Whether the Defendant hath made a sufficient Jusification And quoad that Whether the said Statute be repealed the Court was not resolved But Richardson Chief Justice conceived it was repealed by primo Mariae by the general words any Act or Statute to the contrary of the Act of decimo quarto Henrici octavi notwithstanding But I conceived that the Act of tricesimo quarto Henrici octavi not mentioning the Statute of decimo quarto Henrici octavi was for Physicians but the part of the Act of trices quar Henrici octavi was concerning Chirurgeons and their applying outward Medicines to outward Sores and Diseases And Drinks only for the Stone Strangullion and Ague That Statute was never intended to be taken away by the Act of primo Mariae But to this point Jones and Woitlock would not deliver their Opinions But admitting the Statute of tricesimo quarto Henrici octavi be in force yet they all resolved the Defendants Plea was naught and not warranted by the Statute for he pleads That he applied and ministred Medicines Plaisters Drinks ulceribus Morbis Maladiis Calculo Strangurio Febribus aliis in Statuto mentionatis so he leaves out the principal word in the Statute Externis And doth not refer and shew That he ministred potions for the Stone Strangullion or Ague as the Statute appoints to these three Diseases only and to no other And by his Plea his Potions may be ministred to any other sickness wherefore they all held his Plea was nought for this cause and that Judgment was well given against him Whereupon Judgment was affirmed Termino Trinitatis anno quarto Jacobi Regis in Banco Regis Crokes Reports the Second Part. Doctor Langhton versus Gardener DEbt upon the Statute 14. H. 8. cap. 5. by the 4 Plaintiff as President of the Colledge of Physicians in London and of the Corporation of Physicians there For that the Defendant used the Art of Physick in London without Licence from the Colledge there against the Statute and their Charter For which he demanded 5 l. for every moneth being the penalty given by the Statute The Defendant pleaded the Statute of 34. H. 8. which enables every one to practise Physick or Chirurgery being skilful therein notwithstanding any Act to the contrary The Plaintiff replies and shewes the Statute primo Mar. cap. 9. which confirms their Charter and every Article thereof to stand in force Any Act Statute Law or Custome to the contrary notwithstanding Hereupon the Defendant demurred First because this general clause in this Law doth not restrain the Statute of 34. H. 8. Secondly that this pleading is a departure For it ought to have been shewn before Stephens argued for the Plaintiff First That the Act of 34. H. 8. is repealed by the Statute of of Prim. Mar. Quoad the Colledge of Physicians in London as fully as if it had been by express words recited and repealed For when it confirms the Charter of 14. H. 8. and appoints that it and every part thereof shall stand and be available The Statute of 34. H. 8. cannot stand with it Quia leges posteriores leges priores contrarias abrogant 4. Ed. 4. Porters Case Co. 1. fol 25. Secondly That it is not any departure Because there is not any new matter but matter pleaded in reviving of the former or fortification thereof And a Record was shewn Mich. 10. 11. Eliz. betwixt Bomelins ..... where the Record was in the same manner as this Record is and there the Plaintiff had Judgement Wherefore c. And there being none on the Defendants part to argue The Court upon hearing of the Record gave rule that Judgment should be entred for the Plaintiff unless c. Termino Paschae anno quinto Jacobi Regis in Banco Regis Doctor Atkins versus Gardener Scir fac Upon a Judgment in Debt upon the ●● Statute 14. H. 8. by Doctor Langhton President of the Colledge of Physicians in London who died before execution had and thereupon the successor brought a Scir fac to have execution It was thereupon demurred because the Scir fac ought to be brought by the Executor or Administrator of him who recovered and not by the successor But upon hearing of the Record without argument the Court held that the successor might well maintain the Action For the Suit is given to the Colledge by a private Statute And the Suite is to be brought by the President for the time being And he having recovered in right of the Corporation the Law shall transfer that duty to the successor of him who recovered and not to his Executors The Action being brought for that he practised Physick in London without Licence of the Colledge of Physicians against the