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judgement_n bring_v error_n writ_n 15,418 5 10.2182 5 true
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A41428 The Colledge of Physicians vindicated, and the true state of physick in his nation faithfully represented in answer to a scandalous pamphlet, entituled, The corner stone, &c. / by Charles Goodall ... Goodall, Charles, 1642-1712. 1676 (1676) Wing G1090; ESTC R8857 78,779 223

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yet a greater difficulty to imagine that a Parliament holden in the first of Queen Mary which was not above 28. or 30. years after the Collegiate Statute was made should pass another Act in confirmation of this only on a presumptive evidence that there had been such a One made when reallyit never had been so in rerum naturâ and that this they did is very evident which making much to our purpose and likewise to the abrogating of the Act made in 3 H. 8. I shall take the pains of transcribing Whereas in the Parliament holden at London on the 15 th day of April in the 14 th year of the Reign of our late Soveraign King Henry the VIII th and from thence adjourned to Westminster the last day of July in the 15 th year of the Reign of the same King and there holden It was enacted That a certain grant by Letters Patents of incorporation made and granted by our said late King to the Physicians of London and all Clauses and Articles contained in the same Grant should be approved granted ratified and confirmed by the same Parliament For the consideration whereof be it Enacted by the Authority of this present Parliament That the said Statute or Act of Parliament with every Article and Clause therein contained shall from henceforth stand and continue still in full strength force and effect any Act Statute Law Custom or any other thing made had or used to the contrary in any wise notwithstanding 4. 'T is certain that this Act of Parliament hath been owned as such by all the grave Judges and Lawyers of this Land upon every Trial betwixt the Colledge and the Empiricks And though in Dr. Bonhams Case the Colledge was overthrown yet it was not for that the Judges question'd the legality of the Act of the 14 th and 15 th of H. 8. for the Lord Chief Justice Cook Justice Warburton and Justice Daniel of the Common Pleas Bench were so far from doubting the Authority of that Act that they plainly tell us in that very Case that the Censors had their Authority by Letters Patents Act of Parliament which are high matters of Record and in the 4 th of King James there was a recovery upon this Statute against one Gardener and in the 7 th of King Charles the First there was another recovery in the Common Pleas against one Butler and in the 8 th of the same Kings Reign a Writ of Error was brought in the King-Bench and there Judgment affirmed both Courts owning the Statute of the 14 th and 15 th of H. 8. where the Colledg Charter was confirmed and in 1651. there was another recovery in the Common Pleas upon the same Statute against Trigge And though Mr. H. tell us of one single Judge that would not admit of the Colledge Patent as established by Act of Parliament in the time of the late Usurper who could scarcely have affection for a Society of men established by Regal power of whom several had expressed so great Loyalty to their Soveraign yet very prudently he omits his reasons lest we should observe so much of partiality if not bribery in him that it might justly be suspected that Interest not Judgment obliged him to such an Opinion but allow Mr. H. what he desires from this instance doth he seriously think that this is as authentick as the Judgment of all the Judges of the Kings Bench and Common Pleas which I just now intimated and the High Court of Parliament in the First of Queen Mary I am apt to believe he cannot however if he doth I am sure he will scarcely perswade any other into such an opinion unless it be those of his own Association who would gladly have it so But to give the Gentleman all the advantage he can desire to his circumstantial Argument that there is not to be seen on the top or bottom of this Roll the Kings Royal Assent I make a question whether this will carry his Cause because the Kings Signature is sometimes endors'd on the back side of the Roll and if he did really put himself to the trouble of searching I wish he would have informed us whether he found this Roy le veult endors'd upon every single Roll of the other 13. Statutes made in the same Session for 't is a little odd to conceive that one poor single Statute in the same Session where 14 were passed and that not the first or last but the 5. in order should be solely question'd especially seeing Mr. Pulton in the preamble before those Statutes assures us that the King by the assent of the Lords Spiritual and Temporal and the Commons assembled had ordained made and enacted certain Statutes and Ordinances in manner and form following of which number this is One. Mr. H's second circumstance to prove that the Collegiate Patent was never established by Act of Parliament is this because he saith that it doth militate against the Spirit of an English Parliament the great Sanctuary of publick freedom To this I need return no other Answer but only desire Mr. H. to read over the foremention'd Statutes of 14 and 32 H. 8. and 1 Mar. and then tell me whether the Parliaments of England did not judge without any breach of Magna Charta that learned and experienc'd men were the fittest to pass a judgment of those brought up in their own profession and doubtless had Mr. H. understood the nature of humane Societies and the necessity of Laws for their government he would not have betrayed his weakness and ignorance so much as he hath done in this Argument In the same page he tells us that it might be an easie matter to impose upon a Printer a Copy of a Bill instead of a Statute especially about matters of Physick whose concerns in those dayes were but in few hands and the Professors very inconsiderable persons and that after it had been once printed for a Law how easie was it for the Lawyers unawares to accept it and Mr. Pulton to reprint it without further enquiry To these surmises I answer that Mr. H. would have done well to have told us the men that durst impose upon a Printer a Copy of a Bill instead of a Statute or given us an instance of a Printer that was ever so audacious or adventurous to do it if he cannot 't is strange that he should trouble the world with such idle and wild supposals that never had any better foundation than in an ill-contriv'd fiction which doubtless can never obtain greater credit with any judicious man seeing that all Bills which pass both Houses of Parliament are fairly engrossed and offer'd to the King to Sign which being done Copies of those Bills are taken out by the Clerk of the Parliament who diligently and faithfully examines them with the Printer by the original Records and then are the Copies of them committed to the Press Now by this conjecture of Mr. H. both the Clerk of the Parliament