Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	baron_n	lord_n	sir_n	10,808	5	7.2470	4	true

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

Statute of 14. H. 8. Wherefore it was adjudged for the Plaintiff Coram Judice D. Jo. Popham APrilis die 8. Anno Dom. 1602. Compauerunt Rogerus Jinkins Simon Read in Aedibus Primarii Angliae Justitiarii D. Johannis Popham Equitis Aurati coram ipso Judice quiritantes de Injuria illis illata per Praesidentem Censores Collegii Medicorum quorum authoritate ob illegitimam Medicinae praxin in Carcerem conjecti sunt ibidemque jam per aliquot septimanas detenti Adfuerunt ex parte Collegii per Praesidentem missi Censores tres D. Johannes Nowell Edwardus Lyster Johannes Argent Incarceratorum causam agebat quidem Magister Harris Jurisperitus Judex prius sedulò perlectis iis Regni statutis quae ad medicinam faciunt Jinkins urgebat ut rationem redderet cur ausus sit Medicinam exercere licenti● non priùs impetratâ à Collegio Medicorum Is Primùm Praxin denegavit Postea urgente magis Judice haesitanter ambigue respondit Tandem metuens ne Jurejurando premeretur fassus est se aliquando Practicasse idque ut putabat non illicitè Quid inquit Judex Obtinuistine unquam Collegii Commune Sigillum Non inquit ille Sed quia Chirurgus sum in opere Chirurgico saepe necessarius est internorum Medicamentorum usus Respondit Judex re ita urgente advocandum esse Medicum atque nullo modo licere Chirurgo medicum agere Objecit Jurisperitus Praesidentis Censorum authoritatem non eam esse quâ possint quenquam in Carcerem conjicere ideoque à Collegio ad alios Judices causam omnem esse promovendam Hunc reprehendit Judex asserebatque validam esse maximéque legitimam hac ex parte Collegii authoritatem Multùm tandem conquestus est Jinkins quòd ob raram praxin eamque ex aliorum Praescripto tam gravis ei Mulcta sit inflicta Tum Libro Annalium ostenso Compertum est eum jam antea sexties Publicè accusatum esse aliquoties etiam leves mulctas subiisse Unde Judici aequissimum visum est ut cum clementer tractatus incorrigibilem tamen se praebuisset graviori tandem mulcta premeretur Et eo quòd aliorum Medicorum Praescriptis ad suam Praxin saepius sit abusus Consultissimum putavit Medicor praescriptis Dies Mensis cum patientis Nomine adscribendus Judex ut omnes Medici Praescriptis suis omnibus diem mensis Patientis nomen inscribant unde fraus iis abutentium faciliùs deprehendi possit Judex Re auditâ Collegiique Censurâ optimè approbatâ Jinkins redditur Carceri Jinkins denuò Carceri reddendum censuit donec Praesidenti Censoribus satisfactum sit Cumque quorundam Amicorum instantiâ rogatus est Judex ut fide-jussoribus admissis immunitatem illi concederet à Carcere Non est inquit Judex penes me ut hoc faciam Legibus enim Regni illis solum datur ut istud concedant Quidam qui astabat objecit Statuto quodam regni cautum esse ne quis liber Civis Londinensis per forinsecum aliquem incarceretur Perlectis statuti verbis nulloque modo sensum hunc ferentibus Hujusmodi inquit Judex interpretationibus meam etiam possitis infringere authoritatem These words the Lord Chief Justice said in hearing this Cause 1. There is no sufficient Licence without the Colledge Seal 2. No Chirurgeon as a Chirurgeon may practise Physick no not for any disease though it be the great Pox. 3. That the authority of the Colledge is strong and sufficient to commit to prison 4. That the Censure of the Colledge rising from lesser mulcts to greater was equal and reasonable 5. That no man though never so learned a Physician or Doctor may practise in London or within seven miles without the Colledge Licence Annal. l. 1. pag. 155 156. Read conquestus est Collegium contra regni statutum ultra 20 l. paenam erogasse verbis statuti perpensis pronuntiavit Judex Collegio licere quam velint mulctam infligere custodem tamen carceris non esse astrictum ut eum detineat si sit ultra 20 l. Read praxin suam asseruit quod statuto regni cuivis concessum est per herbas c. aliquos saltem morbos curare at respondit Judex nonlicere quoniam non ad missus erat per Collegium Resolutions of Questions concerning the Colledge by the Lord Chancellor and Judges THe King having directed his Letters to the Right Honourable Thomas Lord Ellesmere Lord Chancellor of England Sir John Popham Lord chief Justice and one of his privy Councel They the said Lord Chancellor and Lord chief Justice by vertue of the same Letters called unto them Sir Thomas Fleminge then Lord chief Baron Sir Thomas Walmesley Sir Peter Warburton Knights Justices of the Court of Common-Pleas and Sir David Williams and Sir Lawrence Tanfield Justices of the Kings-Bench and after due consideration had both of the Charter of King Hen. 8. and several Acts of Parliament thereof made in the 14. year of the same King and the other in the first year of Queen Mary did on the first of May 1607. at the house of the said Lord Chancellor called York-house resolve the several Questions hereafter mentioned Quest 1 Whether Graduates of Oxford and Cambridge may practise in London or seven miles compass of the same without Licence under the said Colledge Seal by vertue of the clause in the end of the Statute of 14. Hen. 8. and whether that clause hath not relation to the Statute of 3. H. 8. only or how far it doth extend Resp 1 All resolved that no Graduate that is not admitted and licensed by the President and Colledge of Physicians under their common Seal could practise in London or within seven miles compass of the same Quest 2 Whether by Graduates Graduates in Physick only are to be understood Resp 2 They resolved that the Exception in the Statute of 14. H. 8. ca. 11. of Graduates in the two Universities is to be understood only of Graduates of Physick and of no others And all resolved that by that Exception those Graduates may practise in all other places of England out of London and seven miles of the same without examination but not in London nor within the said circuit of seven miles Quest 3 If Graduates not admitted to practise in London practise there whether for evil practise or misdemeanor therein they be not subject to the correction and government of the Colledge They all agreed that they are subject to the Resp 3 government and correction of the Colledge by an express clause of the said Charter enacted which giveth to the Censors Supervisionem scrutinium correctionem Gubernationem of all persons using the practise of Medicine within the City Quest 4 If they may not practise without admission of the Colledge as their Letters patents plainly import Then whether such Graduates are not subject to the Examination without which there were

year all Offendors in the Faculty of Physick within the City of London and the Suburbs thereof and seven miles compass of the said City according to the authority in that behalf to us duly given by certain Letters Patents under the Great Seal of England made and granted to the said Colledge and Comminalty by the late King of famous memory King Henry the 8th bearing date the 23. day of September in the tenth year of his reign and one Act of Parliament made in the 14. year of the reign of the said late King Henry the 8th concerning Physicians where by the Letters Patents aforesaid and every thing therein are granted and confirmed And by vertue of the said Act of Parliament and Letters Patents aforesaid and one other Act of Parliament made in the first year of the reign of our late Soveraign Lady Queen Mary intituled An Act touching the Corporation of Physicians in London Did cause to be brought before us the sixth day of this instant September at our Colledge-house in Pater noster-Row in London one Christopher Barton and we have examined the said Christopher Barton and upon his examination and other due proofs we have found that the said Christopher Barton hath unskilfully practised the Art of Physick within the City of London and Precinct aforesaid upon the bodies of Richard Ballady of Aldermary Parish London Michael Knight of S. Botolphs Parish Aldgate London and the Childe of one Jane Bigge and some others in the moneth of January in the year 1638. contrary to the Lawes in that behalf made and provided whereupon we have imposed upon the said Christopher Barton a Fine of 20 l. for his evil practise in Physick aforesaid And we have also for the same cause sent you the Body of the said Christopher Barton willing and requiring you in the Kings Majesties name to receive and keep him in safe custody as prisoner there to remain at his own costs and charges without bay● or mainprize untill he shall be discharged of his said imprisonment by the President of the said Colledge and by such persons as by the said Colledge shall be there unto authorised according to the Statute in that behalf made and this our Warrant shall be your discharge Given at the said Colledge the eleventh day of September in the fifteenth year of the Reign of our Sovereign Lord King Charles Otwell Meverell Edm. Smith Lawr. Wright William Goddard To the Keeper of Woodstreet Compter London or his Deputy To Mr. John Penyall one of the Messengers of his Majesties Chamber in Ordinary to execute this Warrant Et haec est causa accepcois detenconis prefati Christophori Barton in prisona predct sub custodia nra corpus Cujus quidem Christophori coram prefat Dno Rege apud Westm parat habemus Being at the Bar the said 19. of October for that the Lord chief Justice Sir John Bramston was not present the other Judges present would not accept of Bayl which the said Barton tendred but suspended the matter untill Tuesday the 22. of October following Barton for that time was returned back and coming to the Bar again on the said Tuesday with his Councel and Bayl the Lord Bramston being then present my Lord demanded the return of the warrant which was neglected by the Clerks of the Court and left in the Crown Office in the Temple so my Lord would not proceed but respited the cause untill Thursday the 24. of October following when all parties appearing with Councel on both sides the Warrant and Return was read and the Cause debated and there the Court plainly declared that he should not be bayled it being against the Law and the Letter of the Warrant grounded upon the Statutes Then it was desired by Bartons Councel that he might go over to the Kings-Bench which also was denied because he was committed originally to the Compter in Woodstreet as appeared by the Warrant and so Barton was remanded by the Court to the said Compter and willed if he would have Liberty to submit to the Barton remitted to prison Colledge and make his peace there Barton being in Custody of the Serjeant that carried him up to the Bar e●●●ibited his humble Petition to the President and Censors the 25. of October signed with his own hand for abatement of part of his Fine and for his enlargement submitting in all things unto them whereupon the President and Dr. Meverell one of the Censors were contented to abate the half of his Fine of 20 l. and to accept of 10 l. the one half to be paid in hand which was paid and the other half at our Lady day next And so upon the 29. of October signed his discharge and set him at liberty he being put again before his enlargement into the said prison Termino Trinitatis anno octavo Caroli Regis in Banco Regis Crokes Reports the First Part. Butler versus the President of the Colledge of Physicians Pasc 7. Car. rot 519. ERror of a Judgment upon a Demurrer in the Common-Bench The first Error assigned was because the Record was Ad respondendum Domino Regi Praesidenti Collegii c. Qui tam pro Domino Rege quam pro seipso sequitur quod reddat eis sexaginta libras unde idem Praesidens qui tam c. dicit c. Whereas the Action ought to have been brought by the President only qui tam c. and not by the King and President c. sed non allocatur For being an Original Writ the Writ is most often so and sometimes the other way And they conceived it good both waies But Informations are alwaies that the party qui tam for the King quam pro seipso sequitur c. Vide Plowd 77. new Book of Entries 160. old Book of Entries 143. 373. The second Error was that the Replication was a departure from the Count For the Count sets forth That King Henry the eighth anno decimo Regni sui incorporavit per le Statut of decimo quarto Henrici octavi confirmavit the Colledge of Physicians by the name of the President c. that no man should practise Physick in London or within seven miles without Licence under the Seal of the Colledge upon penalty of 5 l. for every moneth that he so practised the one moity unto the King and the other unto the President of the Colledge to the use of the said Colledge And for that the Desendant not being allowed c. had practised Physick for twelve months in London The said Action was brought c. The Defendant pleads the Statute of tricesimo quarto Henrici octavi cap. 8. That every one who hath Science and experience of the nature of Herbs Roots and Waters or of the operation of the same by speculation or practise may minister or apply in and to any outward Sore Uncome Wound Aposthumations outward Swelling or Disease any Herb Oyntments Baths Pultes or Implaisters according to their cunning experience