Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	grant_v	reversion_n	tenant_n	6,527	5	10.6162	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A41429	The Royal College of Physicians of London, founded and established by law as appears by letters patents, acts of Parliament, adjudged cases, &c. : and An historical account of the College's proceedings against empiricks and unlicensed practisers, in every princes reign from their first incorporation to the murther of the royal martyr, King Charles the First / by Charles Goodall ...	Goodall, Charles, 1642-1712.	1684 (1684)	Wing G1091; ESTC R8914	319,602	530

use in his house according to receipts and therefore be not within the Statute 14 H. 8. And if a Gentleman had such receipts and made use of them for those diseases shall he be within this Statute 2. Admit that these diseases be within 14 H. 8. yet 34 H. 8. takes them out of 14 H. 8. clearly and for other things the Statute is onely in force as upon the Statute of 32 H. 8. in Knight's Case there the Stat. of Marlebridge is taken away although it be not named and although the words of 32 H. 8. be in the Affirmative 3. Vpon the pleading of the Statute 1 Mariae that recites 14 H. 8. it is said that in this Statute the words of pleading were continuaret the word staret being omitted that which continued in force ought to be in force at the same time which is but a confirmation of the Statute as it was at the time of the making of 1 Mariae and the Stat. 14 H. 8. is onely recited and some new privileges may be added to this confirmation but cannot be but of a thing which was in esse before 27 H. 8. 2. An Infant grants an Advowson and at full age confirms it the confirmation is void because the grant was void 21 H 7. 1. 12 E. 4. 59. And the Countess of Leicesters case in the Commentaries The reason of the recital of 14 H. 8. was for the addition of some new privileges scil that Gaolers should not permit prisoners to escape committed by the which they might do unpunished before and that all Kéepers of Prisons in London except the Lieutenant of the Tower ought to receive them that shall be committed which they might have refused before 2. Being but a confirmation for the greater part it shall not be a reviver for the lesser part As if Tenant for life of 20 Acres grant his estate in one Acre to I. S. and he in Reversion confirm the estate of tenant for life in all the 20 Acres to the Lessée and his heirs this is a confirmation but of the 19 Acres and although I. S. attorn yet his Acre doth not pass by way of Grant of the Reversion because that he this confirmation for the greater part 18 E. 3. 8. Husband tenant for life and the estate of the husband is confirmed to him and his wife and to their heirs the wife takes nothing and yet the husband is the man that ought to attorn if it would amount to a grant of the Reversion 3. This Statute of 1 Mariae doth not extend to repeal 34 H. 8. in any part because that 34 H. 8. is a general act and the Iudges ought to take notice thereof but 1 Mariae is a particular Statute and therefore doth not repeal the other which is general without express words Vide Holland's case For the point of special demurrer the replication wants form In all replications you ought to confess and avoid or traverse the barr here is implied an avoidance but no confession thereof 34 H. 8. 22. 7 H. 6. 2. where there is an avoidance but no confession therefore ill Lastly here is a departure Stat. de 14 H. 8. remains in force for all diseases but the Stone Strangury and Agues and for them their action lies upon the Stat. 1 Mariae and not upon 14 H. 8. therefore they ought to have named this Statute at the beginning 2 Ass 6. 37 H. 6. 5. 21 H. 7. 18. And for answer to the Iudgment cited in B. R. there the Iudgment was general and 1 Mariae was there pleaded with these words staret continuaret but here it is continuaret which is nonsense And I have credibly heard the case there was not defended omnino but onely argued for the Plaintiff Wherefore upon the whole matter he prayed judgment for the Defendant Davenport è contra Exception hath béen taken to the person that brought the action that the action was not brought according to the name of the College scil by the President and College but by the President onely 8 Report Dr. Bonham's case and although the words of the Statute be that the Action shall be brought by the President and College yet all Suites shall be in the name of the President And so be the Precedents Mich. 5 Jac. rot 299. and Mich. 5 Jac. rot 438. 11 H. 7. 12. 18. where a Charter of Corporation may be granted that they shall not be sued by any other name than their Corporation For the matter in law he said that he would observe the course in 3 Rep. 7. Haydon's case 1. What the Common Law was before the Statutes 2. The mischief to be remedied 3. What remedy is appointed by Parliament 4. The true reason of this remedy The common law before 3 H 8. was that every one might exercise any lawfull trade But there is a different consideration betwéen the practice of Physick and other Mechanick Trades In Mechanick Trades if any one undertake a thing and doth not doe it duly an Action upon the case lieth But in the practice of Physick it is otherwise for the mischief that falls upon the party takes away the remedy scil the death of the Patient by the unskilfulness of the Physician And for this inconvenience was 3 H. 8. cap. 11. made which Statute did not redress the mischief sufficiently because that the allowance or disallowance of Physicians was not referred to Competent Iudges for the fitness of every person should be tried by them which be experienced in the same kind as 8 H. 7. the Ordinary tries whether a Parson sit idoneus ad Ecclesiam but here the Bishop is to be Iudge of the skilfulness of Physicians Another imperfection in this Statute is that the penalty is given and to be recovered by every one that will sue and therefore the care was in no person and also there was not sufficient care for practisers in London There was care that none should practise c. in the negative but what care was there in the affirmative Sir George Farmars case 8 rep 126. Then came the Statute of 10 and the Statute of 14 H. 8. which do not extend to every one that giveth Physick but to him that professeth the practice thereof It hath béen said that 14 H. 8. doth not extend to restrain the practice of those diseases but they confess that they be within the letter of the Statute but not within the meaning but by the Common Law they be taken to be within Physick The Common Law takes notice of a Physician and Surgeon but for an Empirick he is not known to the Law See the Entries fol. 187. A Physician may have debt for his fées so may a Surgeon without doubt but where is there any precedent for an Empirick or Herbalist to have action An Assumpsit he may have but not debt Knowledge of Herbs pertains to Physicians and so of Waters for who can judge of Baths but Physicians and

forfeiture of such as being elect refuse to be sworn or to make search Any of the Physicians in London may practise Surgery The authority and liberties of Barbers and Surgeons in London being made of one Company By whom and at what time the Barbers of London were incorporate The benefit like to ensue by joyning the Barbers and Surgeons in one Company The Barbers and Surgeons of London made one Company and incorporated The Barbers and Surgeons in London shall be exempt from bearing of armes or to be in Watches or Inquests 5 H. 8. 6. 19 H. 7. 7. The Surgeons may take yearly four condemned Persons for Anatomies No Barber in London shall use Surgery No Surgeon in London shall use the craft of shaving Every Surgeon in London shall have a Sign at his door None shall be a Barber in London but a Freeman of that Company Four Wardens shall be chosen and their authority The forfeitures of the Offenders Any person may keep a Barber or Surgeon as his Servant Any person being no common Surgeon may minister outward Medicines By what means the Surgeons of London have abused the Statute of 3 H. 8. 11. for their own gain It shall be lawfull for any person to cure outward sores notwithstanding the Statute of 3 H. 8. 11. A confirmation of the Statute of 14 H. 8. 5. touching the corporation of Physicians in London Whosoever shall be committed to Prison by the President of the Colledge of Physicians in London shall be received and kept thereby The offendours forfeiture and who shall have it and by what meanes Searching in London for Apothecary wares The penalty for resisting of search of Apothecary wares Other Magistrates shall assist the Physicians in their search * supple * rect Collegio sive Communitati * Collegio * Communitatis * Communitatis * Collegio Preamble Recitall of the Patent of Incorporation And that the same was confirmed by Act of Parliament And whereas by other Acts other Priviledges are given and yet divers Enormities abound His Majestie hereby Approves of and confirms the Premises Power to sue for the Penalties And to retayne them to their owne use Power to the Censors to examine and Correct Physicians Apothecaries c. and their Medicines And to punish them by fine imprisonment or otherwise Power granted to the Censors to call before them Physicians and examine them and to fine them that refuse to come To impose a fine upon such as practise without licence and to imprison them Apothecaryes c. to testify against undue practisers of Physick If they refuse to testify they are to forfeit twenty Shillings Power to search and destroy The Drugs and Medicines of Apothecaries c. And to examine them upon Oath or otherwise concerning the same Power to convent Apothecaries c. And to fine them for Non-appearance 20 s. And to fine them for defective Medicines 3 l. and Imprisonment Grant of fines c. to the Colledge To have an Hall And call a Convocation To make Ordinances To have a Register Who shall be sworn for the true performance of his Office Power to appoint other Officers and to give them an Cath. And them upon just cause to remove Power to take Recognizances to his Majesties use To purchase Lands Discharged from bearing Armes To have this confirmed the next Parliament To pay to his Majestie 6 l. per ann Grant of H. 8. Power to choose a President Perpetual succession A Common Seal Several Priviledges Letters Patents c. Confirmed Ao. 14 H. 8. by Act of Parliament Best construction to be made thereof Several other Powers given by several Acts of Parliament Preamble to the Grant of K. James Grant of K. James Confirmation Grant of several other Priviledges Preamble to this Grant The Grant Body Politique Perpetual succession Capable to purchase To grant and dispose To sue and be sued Common Seal Forty fellows constituted One President Ten Elects and four Censors To be chosen as hereafter mentioned The first forty Fellows For life if not removed for cause Sir Edward Alston to be the first President Ten first Elects For lives if c. Four Censors to continue till the morrow of St. Michael Elections duely to be made Power to make a Vice-President To exercise the place and power of the President in his absence Censors to be chosen out of the Fellows How New Election of Censors in case of death or removal New Elects to be chosen on death or removall How the Fellows are to be chosen Power to remove any of the Elects Fellows or Censors for cause Each person his single voice in Election Where voices even a casting voice to the President The President and all Fellows and Officers to be sworn duely to execute c. And to take the Oaths of Obedience and Supremacy Three persons to swear the present President Elects Censors and Fellows Power to the Elects or any two of them to swear the Presidents hereafter chosen Power to the President to swear the Fellows and all other Officers hereafter chosen To have a Hall President to call a Court. Not less than 15. President one of them To treat of matters c. To make Laws To punish by fine or imprisonment So as not repugnant to the Laws of the Kingdom None to practise in London or within seven miles except licensed as herein expressed Under pain of 10 l. for every Month. Power to sue for the same Power to the President Vice-President and Censors or any three of them to supervise practisers c. Power in them to summon censure and punish any Practisers offending To examine Refuse to answer Not to exceed 40 s. Power to fine for giving unwholsome Physick at will not exceeding 10 l. Also to imprison not exceeding 14 dayes Power to summon persons by Precept under hand and Seal To give an Oath The person summoned as a Witness to forfeit 20 s. if not appear or not depose or refuse the Oath c. Power to the Censors to enter houses and search To examine upon Oath To burn or destroy such Medicines c. as they find defective or corrupted Power to summon all Druggists c. If not appear To fine them at pleasure not exceeding 20 s. Bad Medicines Medicines not made according to direction c. To fine the party not exceeding 3 l. for any one offence To imprison him till payment All practisers of Physick in the Country out of the limits aforesaid to be licensed by the President and Elects or any four of them First to be examined If able approved c. By testimonial under the hands of the particular tryers Power to the President and Elects c. to summon examine and give Testimonials c. Reject persons unfit None to practise in the Country till licensed under pain of 5. l. per Mensem except Graduates in the Universities To be recovered as the 10 l. forfeiture All Fines Forfeitures and Amerciaments to be