dr Bonham's case Thomas Bonham doctor in philosophy and physic bring a action  of false imprisonment against Henry Atkins George turner Thomas Moundford and  John argent doctor in physic and John tailor and William Bowden yeoman for  that the defendant the of novemb year  James do imprison he and detain he in  prison by the space of day the defendant plead the letter patent of king Henry  the bear date the of septemb in the year his reign by which he recite quoth  come palace duty Himself service arbitraba power of oneself man faelicitati  omni ration to meet and consider id autem well imprimis before si not good  attempt tempestive to run up c by the same letter patent the king grant to  John Chamber Thomas linacre Ferdinando de victory John Halswel John Frances  and Robert Yaxley quoth Self all man the same means de et in community London  to be in re et nomin One corpus et partnership continuous per nomen to guard  et college  sive partnership means art of medicine London c and that they may  make meeting and ordinance c but the case at bar dothprincipally consist upon  two clause in the charter the first  to go away now too the same presidency et  college  seu partnership et successor n'est quoth nemo in dictam community or  per seven mile in revolution the same to drive dictam means art of medicine  nisi and hoc per dicts precedent et Communit seu successor swine who tempore  to be admission sit per the same to guard et college  litter seal his common  adorned with small figures sub penalty centum undivided pro  whithersoever you please mensae quo non admission the same means to drive half  ind lord king et heir n'est et half dict presidency et college  applicand c  the second clause be which immediate follow in these word to go by  to cause to revolve et  to go away pro see et successor n'est quantum in see  to be quoth per praesident'Collegium predict partnership pro tempore exist et  the dawn successor imperpetuum quatuor one year  per Self to pluck out who  to have supervisum et search  amendment et steering all et singulor dict  community Median act. means art of medicine in by the same route community ac  another Median forinsecorum whoever means that art of medicine to some place   modus to visit frequently et act. infra the same community et suburbia  the same sive infra seven milestone in revolution the same community ac  a punishment the same pro fault n'est in non be exequend faciend et uten that  nor supervisum et search  all the healing art et he reception per speech  medicos seu  once the dawn hujusmodi ligeis speech recently king pro the dawn  weakness patient et sanand dand imponend et utend how often et when opus to be  pro suitably et usefulness the same ligeorum speech recently king ita quoth  a punishment the same Median act. dictam facultate art of medicine such in  send ahead or forward fault per fine amerciamenta et imprisonment  substantial object of oneself et per alias way the pure milk of reason et  salary of pastor to follow to the grave as by the say charter more full appear  and that by force of say letter patent the say John Chamber Thomas linacre c  and all the man of the same faculty in the say city be One corpus et  partnership perpet sive collegium continuous and afterward by Act of  parliament a Henry it be enact that the say corporation and every grant  article and other thing in the say letter patent contain and specify shall be  approve grant ratify and confirm in tam opportunity et largo modus prout  to be able allotmentholding to consider thoroughly et to heap together per  the same litter patenes and further it be enact that the say person nam in the  say letter patent as principal of the say college and other of the say college  who shall be nam dainties  and that the say elect shall choose one of they to  be precedent as by the say Act appear and further they plead the Act of mariae  by which it be enact quoth quaedam permission per litter patent de  incorporatione fanctam per predict recently king Median London et all end  et  articuli content in by the same route concession to assent to  to go away  ratificarentur et confirm per predict Parl in consideration pron. interrog.  inactitat to be authority the same parliament quoth pillage set up et sharply  parliament in omnibus point of time et end  in to the same place content  extunc imposterum to stand et to join in full oak c and further it be enact ed  that whensoever the precedent of the college or commonalty of the faculty of  physic of London for the time be or such as the say precedent and college  shall yearly accord to the tenor and meaning of the say Act authorize to  search examine correct and punish all offender and transgressor in the say  faculty c shall send or commit any such offender or offender for his or their  offence or disobedience contrary to any article or clause contain in the say  grant or Act to any ward gaol or prison within the same city the tower of  London except that then from time to time the warden gaoler or keeper c shall  receive c such person so offend c and the same shall keep at his proper charge  without bail or mainprize until such time as such offender or disobedient be  discharge of the say imprisonment by the say precedent and such person as  shall be thereunto authorize upon pain that all and every such warden gaoler c  do the contrary shall lose and forfeit the double of such fine and amerciament  as such offender and offender shall be assess to pay by such as the say  precedent and college shall authorize as aforesaid so that the fine and  amerciament be not at any one time above the sum of l the one moiety to the  king the other moiety to the precedent and college c and further plead that  the say Thomas Bonham the that of April within London against the from of the  say letter patent and the say act to drive arm art of medicine non admission  per litter pillage to guard et college  seal the dawn common  adorned with small figures where in fact pillage though Bonham to be minus  sufficient and arm art of medicine exercend by force of which the say Thomas  Bonham April be summon in London by the censor or governor of the college to  appear before the precedent and censor and governor of the college aforesaid  at the college c the that day of April next follow super to send forward  examinand at which day the say Thomas Bonham come before the precedent and  censor and be examine by the censor de knowledge to sew in facultate to sew in  of the art of medicine administrant et because pillage Thomas Bonham such  to weigh minus apt et insufficienter in pillage be art of medicine to answer  et invention to be super examinationem pillage per pillage precedent et  Censores minus insufficient et inexpert and arm art of medicine administrant  ac pro eastern quoth pillage Thomas Bonham multotie ante tunc to weigh et  prohibition per Self to guard et Censores de cause pillage and arm  art of medicine administrant per One month et greater number  post ankle  a prohibiting means that in London pillage without freedom c therefore adtunc  et ibis to look at closely to be per pillage precedent et Censores quoth  pillage Thomas Bonham pro disobedience et contempt n'est pillage amerciaretur  to S in neighbor a place of assembly pillage to guard et college  persolvend  et deincep to keep back c until what time invention to be sufficient c sub  penalty To throw together in prison si in to send forward to fail and that the  say Thomas Bonham october within London do practice physic and the same day he  be summon by the censor to appear before the precedent and they the of october  then next follow at which day Bonham make default therefore to look at closely  to be per pillage Censores that for his disobedience and contempt he shall be  amerce to l and that he shall be arrest and commit to custody and afterward  novemb the say Thomas Bonham at their assembly come before the precedent and  censor and they ask he if he will satisfy the college for his disobedience and  contempt and submit himself to be examine and obey the censure of the college  who answer that he have practice physic and will practice physic within London  ask no leave of the college and that he will not submit himself to the  precedent and censor and affirm that the precedent and censor have no  authority over those who be doctor in the university for which cause the say  censor sure dr turner dr Moundforde dr argent and dr do then be censor or  governor pro collision et disobedience pillage adtunc et ib to order et  to decide quoth pillage Thomas Bonham in prison to put in hand ib remansur  until what time from that source per to guard et censor seu a steersman  college  pillage pro tempore existen to weigh well and there then by their  warrant in write under their common seal do commit the plaintiff to the prison  of the counter in London c without bail or mainprize at the cost and charge of  the say Thomas Bonham until the say Thomas Bonham by the warrant of the  precedent and censor of the say college or their successor be deliver and dr  Atkins then precedent and the censor and Bowden and tailor as their servant  and by the commandment of the say precedent and censor do carry the plaintiff  with the warrant to the gaol c which be the same imprisonment the plaintiff  reply and say that by the say Act of h it be further enact and where that in  the diocese of England out of London it be not like to find always man able  sufficient to examine after the statute such as shall be admit to exercise  physic in they that it may be enact in this present parliament that no person  from henceforth be suffer to exercise or practice physic through England until  such time that he be examine at London by the say precedent and of the say  elect and to have from they letter testimonial of their approve and  examination except he be a graduate of Oxford or Cambridge which have  accomplish all thing for his from without grace and that the plaintiff in the  year of our lord be a graduate sure a doctor in the university of Cambridge  and have accomplish all thing concern his degree for his from without grace by  force whereof he have exercise and practice physic within the city of London  until the de fendants have imprison he c upon which the defendant do demurrer  in law and this case be often argue by the sergeant at bar in diverse several  term and now this term the case be argue by the justice and the effect of  their argument who argue against the plaintiff which be divide into three part  shall be first report the first be whether a doctor of physic of the one  university or the other be by the letter patent and by the body of the Act of  h restrain to practice physic within the city of London c the second be if the  exception in the say Act of h have except he or not the three be that his  imprisonment be lawful for his say disobedience and as to the first they do  rely upon the letter of the grant ratify by the say Act of h which be in the  negative sure nemo in dictam community c to drive dictam means nisi and hoc  per predict to guard et partnership c admission sit c and this proposition be  a general negative and generale dictum be generally to come to know and nemo  exclude all and therefore a doctor of the one university or the other be  prohibit within this negative word nemo and many case be put where negative  statute shall be take strict et exclusive which I do not think necessary to be  recite also they say that the statute of h cap which in effect be repeal by  this Act of h have a special proviso for the university of Cambridge and  Oxford which be here leave out do declare the intention of the maker of the  Act that they do intend to include they within thisgeneralprohibition nemo in  dictam community c as to the two point they strong hold that the say latter  clause and where that in the diocese of England out of London c this clause  accord to the word do extend only to place out of London and so much the  rather because they purview for London before nemo in dictam community c also  the maker of the Act put a distinction betwixt those who shall be licence to  practice physic in London c for they ought to have the admittance and  allowance of the precedent and college in write under their common seal but he  who shall be allow to practice physic throughout England out of London ought  to be examine and admit by the precedent and of the elect and so they say that  it be late adjudge in the king bench in a information exhibit against the say  doctor Bonham for practice of physic in London for diverse month as to the  three point they say that for his contempt and disobedience before they in  their college they may commit he to prison for they have authority by the  letter patent and Act of parliament and therefore for his contempt and  misdemeanour before they they may commit he also the Act of mariae have give  they power to commit they for every offence or disobedience contrary to any  article or clause contain in the say grant or act but there be a express  negative article in the say grant and ratify by the Act of h quoth nemo in  dictam community c to drive c and the defendant have plead that the plaintiff  have practice physic in London by the space of one month c and therefore the  Act of mariae have authorize they to imprison he in this case for which cause  they do conclude for the defendant against the plaintiff but it be argue by  coke chief justice Warburton and Daniel justice at the common plea to the  contrary and Daniel conceive that a doctor of physic of the one university or  the other c be not within the body of the Act and if he be within the body of  the Act that he be except by the say latter clause but Warburton argue against  he for both the point and the chief justice do not speak to those point  because he and Warburton and Daniel do agree that this action be clear  maintainable for other point but to the other point he and the say other  justice Warburton and Daniel do speak sure whether the censor have power for  the cause allege in their bar to fine and imprison the plaintiff admit that  they have power to do it if they have pursue their power but the chief justice  before he argue the point in law because that much be say in the commendation  of the doctor of physic of the say college within London and somewhat as he  conceive in derogation of the dignity of the doctor of the university he first  attribute much to the doctor of the say college within London and do confess  that nothing be speak which be not due to their merit but yet that no  comparison be to be make between that private college and any of the  university of Cambridge and Oxford no more than between the father and his  child or between the fountain and the small river which descend from thence  the university be Alma mater from who breast those of that private college  have suck all their science and knowledge which I acknowledge to be great and  profound but the law say to grow red law son to set right parent the  university be the fountain and that and the like private college be tanquam  rivulet which flow from the fountain et well be to strive for a spring how  castrated a small brook brief  the gymnasium near Athens cantabrigiae et  oxoniae are school our men  that is known royal power sole oculi et mind  royal power unde reverence humanitas et education in all royal power part  in greater abundance to spread by pouring but it be true never to put under  copy praiser because never to withdraw means Laudis therefore these university  exceed and excel all private college quantum inter guelder rose cypresstree  and it be observe in the say letter patent and the king and the parliament in  the Act of h in make of a law concerningPhysicians for the more safety and  health of man therein follow the order of a good physician king for all men   be to tax to have inscrinio pect'sui for art of medicine be duplex  to move back et to move to move back sickness et to move and health and  therefore manner of person who more hurt the body of man than the disease  itself be to be remove not good avaricious who art of medicine  to greater extent greed of oneself cause how any good  knowledge trust  to declare publicly full of wickedness rash not knowing and of the other part  manner of person be to be promote as appear by the say Act sure those who be  profound sad discreet groundedly learned profound study and it be well ordain  that the professor of physic shall be profound sad discreet c and not youth  who have no gravity and experience for as one say in youth one who  knowledge  defeat in youth legista bursae defeat in youth medico caemiterii growth and it  ought to be presume every doctor of any of the university to be within the  statute sure to be profound sad discreet groundedly learned and profound study  for none can there be master of be who be a doctor of philosophy under the  study of year and can be doctor in physic under year more in the study of  physic and that be the cause that the plaintiff be nam in the declaration  doctor of philosophy and doctor of physic because it is necessary Median be  philosophical where for philosopher to leave off incipit doctor as to the  point upon which the chief justice Warburton and Daniel give judgement it be  resolve by they that the say censor have not the power to commit the plaintiff  for any of the cause mention in the bar and the cause and reason thereof short  be that the say clause which give power to the say censor to fine and imprison  do not extend to the say clause sure quoth nemo in dictam community c to drive  dictam means c which prohibit every one to practice physic in London c without  licence of the precedent and college but extend only to punish those who  practice physic within London pro delicit n'est in non be  to follow to the grave to make et act. facultate art of medicine by fine and  imprisonment so that the censor have not power by the letter patent and the  Act to fine or imprison any for practice physic within London but only pro  fault n'est in non be to follow to the grave c sure for ill and not good use  and practice of physic and that be make manifest by reason call full of life  account because they have their vigour and life from the letter patent and the  Act itself and the best expositor of all letter patent and act of parliament  be the letter patent and the act of parliament themselves by construction and  confer all the part together optima to cause to stand interpretatrix be  omnibus small part the same to look into Self to cause to stand and in to burn  be nisi all lege to look at One largely he small part proposita to fine well  to answer the first reason be that these two be two absolute perfect and  distinct clause and as parallel and therefore the one do not extend to the  other for the second begin to go by to cause to revolve et  to go away c and  the branch concern fine and imprisonment be parcel of the second clause the  first clause prohibit the practice of physic c do comprehend certainty  certainty of the thing prohibit sure practice of physic certainty of the time  sure practice for one month certainty of penalty sure l certainty in  distribution sure one moiety to the king and the other moiety to the college  and this penalty he who practice physic in London do incur although he  practice and use physic well and profitable for the body of man and upon this  branch the information be exhibit in the king bench but the clause to punish  fault in non be to follow to the grave c upon which branch the case at bar  stand be altogether incertain for the hurt which may comethereby may be little  or great leave well grave excessive or small c and therefore the king and the  maker of the Act can for so uncertain offence impose a certainty of the fine  or time of imprisonment but leave it to the censor to punish such offence  secundum magnitude fault which be include in these word per fine amerciamenta  imprisonamenta substantial object of oneself et per alias way  the pure milk of reason et salary of pastor the harm which accrue by non be  to follow to the grave c do concern the body of man and therefore it be  reasonable that the offender shall be punish in his body sure by imprisonment  but he who practice physic in London in a good manner although he do it  without leave yet it be not any prejudice to the body of man he who practice  physic in London do not offend the statute by his practice unless he practice  it by the space of a month but the clause of non be to follow to the grave c  do not prescribe any time certain but at what time soever he minister physic  non be c he shall be punish by the say branch and the law have great reason in  make this distinction for diverse noble gentleman and other come upon diverse  occasion to London and when they be here they become subject to disease and  thereupon they send for their physician in the country who know their body and  the cause of their disease now it be never the meaning of the Act to bar any  one of his own physician and when he be here he may practice and minister  physic to another by or week c without any forfeiture for any one who practice  physic well in London although he have not take any degree in any of the  university shall forfeit nothing if not that he practice it by the space of a  month and that be the cause that the time of a month be put in the Act the  censor can be judge minister and party judge to give sentence or judgement  minister to make summons and party to have the moiety of the forfeiture  because some non debet be judge in not common with others cause no indeed   uneven be  once Himself rei be judge and one can be judge and attorney for any  of the party dyer e e h b a e a c and it appear in our book that in many case  the commonlaw do control act of parliament and sometime shall adjudge they to  be void for when a Act of parliament be against common right and reason or  repugnant or impossible to be perform the commonlaw will control it and  adjudge such Act to be void and therefore in e a b Thomas Tregor's case upon  the statute of west cap and Arctic super Chartas cap Herle say some statute be  make against commonlaw and right which those who make they will not put they  in execution the statute of west cap give a Writ of cessavit heir  to strive for super to hang tenent et super eos who to make strange to be  hujusmodi property and yet it isadjudged in Edward cessavit where the case be  two coparceners lord and tenant by fealty and certain rend one coparcener have  issue and die the aunt and the niece shall not join in a cessavit because the  heir shall not have a cessavit for the cesser in the time of his ancestor f n  b f and therewith agree blow come a and the reason be because in a cessavit  the tenant before judgement may render the arrearage and damage and hold his  land again and that he can do when the heir bring a cessavit for the cesser in  the time of his ancestor for the arrearage incur in the life of the ancestor  do not belong to the heir and because it shall be against right and reason the  commonlaw shall adjudge the say Act of parliament as to that point void the  statute of Carlisle make year  e enact that the order of the Cistercians and  augustine who have a covent and common seal that the common seal shall be in  the keep of the prior who be under the abbot and other of the most grave of  the house and that any deed seal with the common seal which be not so in keep  shall be void and the opinion of the court year  h annuity be that this  statute be void for it be impertinent to be observe for the seal be in their  keep the abbot can seal any thing with it and when it be in the abbot hand it  be out of their keep Self facto and if the statute shall be observe every  common seal shall be defeat upon a simple surmise which can be try note reader  the word of the say statute of Carlisle which be make e which be call  to cause to stand conscientious be et insuper to order dominus king et statuit  quoth abbate Cisterc et Praemonstraten order conscientious c de the other  to have sigillum common et mock in custodian earlier times monastery seu house  et quatuor de worthy et discretioribus the same loci convent sub  private citizen seal abbot Self loci guard depo c et si perhaps largely scribe  obligation  donation purchase sale transference of ownership seu another  whoever contractuumaliosigilloquam tali seal common as to send forward guard  to come upon a modus adorned with small figures pro nullo inside to have all   to be without firmness so the statute of e c give chantry c to the king save  to the donor c all such rend service c and the commonlaw do control it and  adjudge the same void as to service and the donor shall have the rend as a  Rentseck distrainable of common right for it shall be against common right and  reason that the king shall hold of any or do service to any of his subject  Elizabeth dyer and so it be adjudge mich Elizabeth in common plea in Strowd's  case so if any Act of parliament give to any to hold or to have Conusans of  plea of all manner of plead arise before he within his manor of d yet he shall  hold no plea to which he himself be party for as have be say uneven be  once  of oneself rei be judge if he shall forfeit l for one month by the first  clause and shall be punish for practice at any time by the second clause two  absurdity will follow that one shall be punish not only twice but many time  for one and the same offence and the divine say quoth Deus non stir about bis  in together and the law say nemo debet bis to punish pro to make one fault it  shall be absurd by the first clause to punish practice for a month and not for  lesser time and by the to punish practice not only for a day but at any time  so he shall be punish by the first branch for one month by the forfeiture of l  and by the by fine and imprisonment without limitation for every time of the  month in which anyone do practice physic and all these reason be prove by two  ground or maxim of law general  clause non to stretch out and she who  specifically are to bind together and the case between carter and Ringstead  hill Elizabeth rot in common plea be cite to this purpose where the case in  effect be that a seize of the manor of staple in Odiham in the county of  Southampton in fee and also of other land in Odiham aforesaid in fee suffer a  common recovery of all and declare the use by indenture that the recoverer  shall stand seize of all the land and tenement in Odiham to the use of a and  his wife and to the heir of his body beget and further that the recoveror  shall stand seize to the use of he and to the heir of his body and die and the  wife survive and enter into the say manor by force of the say general word but  it be adjudge that they do not extend to the say manor which be special nam  and if it be so in a deed a strong it shall be so in a Act of parliament which  as a will be to be expound accord to the intention of the maker word m near  certainty to put to and earlier times who certainty indigent are to bear back  e a b sir Adam de Clydrow knight bring a praecipe quoth  To give back against  John de Clydrow and the Writ be quoth just c  To give back manor de Wicombe et  two carucatus terrae come pertinentiis in Clydrow in that case the town of  Clydrow shall not relate to the manor because non to need for a manor may be  demand without mention that it lie in any town but come pertinentiis although  it come after the town shall relate to the manor because to need vide e the  like case but it be object that where by the second clause it be grant that  the censor shall have supervisum et search  amendment et steering all et  singulor Median c they have power to fine and imprison to that it be answer  that the same be but part of the sentence for by the entire sentence it appear  in what manner they shall have power to punish for the word be ac a punishment  the dawn pro fault n'est in non be to follow to the grave to make well act.  that facultate so that without question all their power to correct and punish  the physician by this clause be only limit to these case sure in non be  to follow to the grave to make well act. c also this word a punishment be  limit and restrain by these word ita quoth a punishment the same Median c such  in to send forward fault c which word such in to send forward fault limit the  first word in the first part of this sentence ac a punishment the dawn pro  fault n'est in non be to follow to the grave c it shall be absurd that in one  and the same sentence the maker of the Act shall give they a general power to  punish without limitation and a special manner how they shall punish in one  and the same sentence hill Elizabeth in a quo warranto against the mayor and  commonalty of London it be hold that where a grant be make to the mayor and  commonalty that the mayor for the time be shall have plenum et integrum  search  steering et amendment all et singulor a secret c without grant they  any court in which shall be legal proceed that the same be good for search by  which discovery may be make of offence and defect which may be punish by the  law in any court but it do not give nor can give they any irregular or  absolute power to correct or punish any of the subject of the kingdom at their  pleasure it be object that it be incident to every court create by letter  patent or Act of parliament and other court of record to punish any  misdemeanour do in court in disturbance or contempt of the court by  imprisonment to which it be answer that neither the letter patent nor the Act  of Parliamenthathgranted they any court but only a authority which they ought  to pursue as it shall be afterward say if any court have be grant they they  can not by any incident authority implicit grant unto they for any  misdemeanour do in court commit he to prison without bail or mainprize until  he shall be by the commandment of the precedent and censor or their successor  deliver as the censor have do in this case there be not any such misdemeanour  for which any court may imprison he for he only show his case to they to which  he be advice by his counsel he may justify which be not any offence worthy of  imprisonment the second point admit that the censor have power by the Act if  they have pursue their authority or not and it be resolve by the chief justice  Warburton and Daniel that they have not pursue it for cause by the Act the  censor only have power to impose a fine or amercement and the precedent and  censor impose the amercement of l upon the plaintiff the plaintiff be summon  to appear before the precedent and censor c and do not appear and therefore he  be fine l whereas the precedent have not any authority in that case the fine  or amercement to be impose by they by force of the Act do not belong to they  but to the king for the king have not grant the fine or amercement to they and  yet the fine be appoint to be pay to they in neighbor a place of assembly and  they have imprison the plaintiff for nonpayment thereof they ought to have  commit the plaintiff present by construction of law although that no time be  limit in the Act as in the statute of west cap de to be a servant bailiff c  who and master of reddend to hold c come Dom hujusmodi to be a servant  to hand over the dawn auditor put in possession of et to touch Self in  arrearagiis super master of suum omnibus allocatis et allocandis arrestentur  corpora the dawn et per testimonium listener the same put in possession of  to cause to go et to set free neighbor gaolae domini king in birth  strike against etcetera in that case although no time be limit when the  accountant shall be imprison yet it ought to be do present as it be hold in h  a and the reason thereof be give in fogassa's case Plowd come b that the  generality of the time shall be restrain to the present time for the benefit  of he upon who the pain shall be inflict and therewith agree blow come b in  Stradling's case and a justice of peace upon view of the force ought to commit  the offender present for as much as the censor have their authority by the  letter patent and Act ofParliament which be high matter of record their  proceed ought not to be by word and so much the rather because they claim  authority to fine and imprison and therefore if judgement be give against one  in the common plea in a Writ of recaption he shall be fine and imprison but if  the Writ be vicontiel in the county there he shall not be fine or imprison  because that the court be not of record f n b in breed recaption so in f n b a  a plea of trespass way et arms  do not lie in the county court hundred court c  for they can make Recordoffineandimprisonment andregular those who can make a  record can fine and imprison and therewith agree h book of entry the auditor  make a record when they commit the defendant to prison a justice of peace upon  view of the force may commit but he ought to make a record of it because the  Act of h have give power to imprison until he shall be deliver by the  precedent and the censor or their successor reason require that same be take  strict for the liberty of the subject as they pretend be at their pleasure and  the same be prove by a judgement in parliament in this case for when this Act  of h have give power to the censor to imprison yet it be take so literal that  the gaoler be not bind to receive they which they commit to he and the reason  thereof be because they have authority to do it without any court and  thereupon the statute of ma cap be make that the gaoler shall receive they  upon a pain and none can be commit to any prison if the gaoler can receive he  but the first Act for the cause aforesaid be take so literal that no necessary  incident be employ and where it be object that this very Act of mariae c have  enlarge the power of the censor and upon the word of the Act it be clear  resolve that the say Act of mariae do not enlarge the power of the censor to  fine or imprison any person for any cause for which he ought not to be fine or  imprison by the say Act of h for the word of the Act of queen marry be accord  to the tenor and meaning of the say Act also shall send or commit any offender  or offender for his or their offence or disobedience contrary to any article  or clause contain in the say grant or Act to any ward gaol c but in this case  Bonham have not do any thing which appear within this record contrary to any  article or clausecontainedwithin the grant or Act of h also the gaoler who  refuse shall forfeit the double valve of the fine and amerciament that any  offender or disobedient shall be assess to pay which prove that none shall be  receive by any gaoler by force of the Act of h but he who may be lawful fine  or amerce by the Act of h and for that be not Bonham as by the reason and  cause aforesaid it appear and admit that the replication be not material and  the defendant have demurrer upon it yet forasmuch as the defendant have  confess in the bar that they have imprison the plaintiff without cause the  plaintiff shall have judgement and the difference be when the plaintiff do  reply and by his replication it appear that he have no cause of action there  he shall never have judgement but when the bar be insufficient in matter or  amount as this case be to a confession of the point of the action and the  plaintiff reply and show the truth of the matter to enforce his case and in  judgement of law it be not material yet the plaintiff shall have judgement for  it be true that sometime the count shall be make good by the bar and sometime  the bar by the replication and sometime the replication by the rejoinder c but  the difference be when the count want time place or other circumstance it may  be make good by the bar so of the bar replication c as appear in e b but when  the count want substance no bar can make it good so of the bar replication c  and therewith agree Edward a good case and mark there the word of choke vide  Edward b Edward a Edward Henry Henry Henry c but when plaintiff make  replication surrejoinder c and thereby it appear that upon the whole matter  and record the plaintiff have no cause of action he shall never have judgement  although the bar or remainder be insufficient in matter for the court ought to  judge upon the whole record and every one shall be intend to make the best of  his own case vide Rigeway's case in the part of my report b and so these  difference be resolve and adjudge between Kendal and Helyer mich Elizabeth in  the king bench and mich Elizabeth in the same court between galley and Burbry  and coke chief justice in the conclusion of his argument do observe thing for  the better direction of the precedent and commonalty of the say college in  time to come that none can be punish for practice of physic in London but by  forfeiture of l by the month which be to be recover by the law if any practice  physic there for a less time than a month that he shall forfeit nothing if any  person prohibit by the statute offend in non be exeq c they may punish he  accord to the statute within the month those who may commit to prison by the  statute ought to commit present the fine which they set accord to the statute  do belong to the king they can impose a fine or imprison without a record of  it the cause for which they impose fine and imprisonment ought to be certain  for it be traversable for although they have the letter patent and a Act of  parliament yet because the party grieve have no other remedy neither by Writ  of error or otherwise and they be not make judge nor a court give to they but  have a authority only to do the cause of their commitment be traversable in a  action of false imprisonment bring against they as upon the statute of  bankrupt their warrant be under the great seal and by Act of parliament yet  because the party grieve have no other remedy if the commissioner do not  pursue the Act and their Commission he shall traverse that he be not a  bankrupt although the commissioner affirm he to be one as this term it be  resolve in this court in trespass between cut and Delabarre where the issue be  whether William Piercy be bankrupt or not who be find by the commissioner to  be a bankrupt a strong in the case at bar the cause of the imprisonment be  traversable for otherwise the party grieve may be perpetual without just cause  imprison by they but the record of a force make by one justice of peace be not  traversable because he do it as judge by the statute of Richard and Henry and  so there be a difference when one make a record as a judge and when he do a  thing by special authority as they do in the case at bar and not as a judge  and afterward for the say two last point judgement be give for the plaintiff  nullo to speak against as to they and I acquaint sir Thomas Fleming chief  justice of the king bench with this judgement and with the reason and cause  thereof who approve of the judgement which we have give and this be the first  judgement upon the say branch concern fine and imprisonment which have be give  since the make of the say charter and act of parliament and therefore I think  it worthy to be report and publish