coke b dr BONHAMS case hill James in a action for false imprisonment bring  against the precedent and censor of the college of physician and other the  defendant justify under the charter for the incorporation of the college and  the stat and Henry cap by which the charter be confirm and the stat I mary cap  enlarge the power of the censor and set forth that the plaintiff practice  physic not be admit c that be examine he be find insufficient and forbid to  practice but notwithstanding such prohibition be afterward practice for a  month or more whereupon they amerce he to be pay to they at their next  assembly c and likewise enjoin he to forbear practice any more until he be  find sufficient c under pain of imprisonment that he continue still to  practice be further fine and order to be commit that be question if he will  submit to the say college he reply that he have practice and will practice  without leave of the college and deny that by the statute they have any  authority over he he have take his degree of doctor of physic within the  university regular whereupon the censor order he to prison which be execute  accord the plaintiff in his replication show the clause in the Act upon which  he rely and aver that he have take the degree of doctor of physic in the  university of Cambridge and practice physic in the city of London as he well  may upon demurrer to this replication judgement be give for the plaintiff  Resolved I the censor have no power to commit the plaintiff for any of the  cause mention in the bar because the say clause which give power to the say  censor to fine and imprison do not extend to the clause that none in the say  city c exercise the say faculty c which clause prohibit every one from  practice in London c without licence of the precedent and college but extend  only to punish those who practice in London pro fault nest in non bene to  follow to the grave to make et act  facultate medicine so that their power be  limit to the in and not to the good use and practice admit the censor have  power yet they have not pursue it because the censor alone have power to fine  and imprison whereas here the precedent and censor impose this fine of the  plaintiff be summon to appear before the precedent and censor and for not  appear be fine whereas the precedent have no authority the fine impose by they  by virtue of this Act belong to the king and not to they and yet the fine be  limit to be pay to themselves c and for nonpayment they have imprison coke  report a er p he they ought to have commit the plaintiff immediate although no  time be limit in the Act their proceed ought not to be by parole inasmuch as  their authority be by patent and Act of parliament and especial it be to fine  and imprison the Act give a power to imprison until he be deliver by the  precedent and censor or their successor shall be take strict or otherwise the  liberty of the subject be at their pleasure fl nun can be punish for practice  physic within London but by forfeiture of a month which be to be recover by  the law if any practice physic there for less time than a month he shall  forfeit nothing if any person prohibit by the statute offend in non bene to  follow to the grave c they may punish he accord to the statute within the  month those who they commit to prison by the statute ought to be commit  immediate the fine which they assess accord to the statute belong to the king  they can impose fine or imprisonment without make a record thereof the cause  for which they impose a fine and imprisonment ought to be certain for it be  traversable S C brown Carth Mod Skinner Inst brown c ld raym Com dig why a vin  ab phys a burr coke a 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 that November year James do imprison he and  detain he in prison seven day the defendant plead the letter patent of king h  hear date September year of his reign by which he recite quod cum palace duty  Himself service arbitraba power sum man flicitati omni ration to meet and  consider id autem well imprimis before si not good attempt tempestive to run  up c and by the same letter patent the king grant to John Chamber Thomas  linacre Ferdinando de victorian John Halswel John Frances and Robert Yaxley  quod Self all man the same means de et in community London to be in re et  nomin One corpus et partnership perpetual per nomen prsidentis et college sive  partnership means medicie London c and that they may make meeting and  ordinance c but the case at bar do principal consist on two clause in the  charter the first to go away etian the same prsidenti et college seu  partnership et successor nest quod no one in dictam community or per seven  mile in revolution the same to drive dictam means medicine nisi ad hoc per  dict prsident et fortify strongly seu successor swine who tempore to be  admission sit per the same prsidentis et college litter seal his common  adorned with small figures sub pna centum coke b undivided pro whithersoever  you please mensae quo non admission the same means to drive dimid ind dom king  et hredibus nest et half dict prsidenti et college applicand c the second  clause be which immediate follow in these word prterea to cause to revolve et  to go away pro see et successor nest quantum in see to be quod per precedent  collegium Prdict 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  medicine in eaden community ac another Median forinsecorum whoever means that  medicine to some place modus to visit frequently et act  infra the same  community et suburbia the same sive infra seven milestone in circuit the same  community ac a punishment the same pro fault nest in non bene exequend faciend  et uten that nor supervisum et search all the healing art et earun 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 quod a punishment the same Median act  dictam facultate medicine such in  prmiss fault per fine amerciament et imprisonment substantial object of  oneself et per alias way the pure milk of reason et salary of pastor to follow  to the grave prout by the say charter abundantly to be fluid et quod army prd  a letter to stand open prd I Nambre though linacre c et all men man the same  means in to cause to go prd fuer One corpus et partnership perpet sive  collegium continuous and coke report a er p afterward by Act of parliament  make year a h c roll Inst Rastals physician Bulst light Rep Jones Cr James Cr  car palm 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 c in tam opportunity et largo modus prout to be able  allotmentholding to consider thoroughly et to heap together per easden litter  patenes and further it be enact that the say six person name in the say letter  patent as principal of the say college shall elect to they two other of the  say college who shall be name 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 b mark c Rastals physic light r Jones Cr car Cr James Inst brown b  nariae by which it be enact quod qudam permission per litter patenes de  incorporation facto per predict recently king Median London et all men clause  et articuli content in eaden concession bee to make good concederedur  ratificarentur et confirm per predict parliament in consideration pron   interrog  inactitat to be authority the same parliament quod prod set up et  sharply parliament in omnibus point of time et clausalis in eoden content  extunc imposterum to stand et to join in full oak c and further it be enact  coke a that whensoever the precedent of the college or commonalty of the  faculty of physic at 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 ware 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 the one moiety to the king  the other moiety to the precedent and college c and further plead that the say  Thomas Bonham April within London against the form of the say letter patent  and the say act to drive arm medicine non admission per litter prd prsidentis  et college seal the dawn common adorned with small figures where in fact prod  though Bonham to be minus sufficient ad arm medicine to drive by force of  which the say Thomas Bonham April be summon in London by the censor or  governor of the college ad compare in person prsiden et censor sive  gubernatorib college prd at the college c the that day of April next follow  super prmissis examinand at which day the say Thomas Bonham come before the  precedent and censor and be examine by the censor de knowledge svan in  facultate svan in medicine administrant et because prod Thomas Bonham such to  weigh minus apt et insufficienter in prd art medicine to answer et invention  to be super examinationem prd per prd prsident et censor minus insufficient et  inexpert ad arm medicine administrant ac pro eastern quod prd Thomas Bonham  multotie ante tunc to weigh et prohibition per prsident et censor de cause prd  ad arm medicine administrand per One month et greater number post ankle a  prohibiting means that in London prd without freedom c therefore odtunc et  ibidem to look at closely to be per prd precedent et censor quod prod Thomas  Bonham pro inobedienta et contempt nest prd amerciaretur to S in neighbor a  place of assembly prd precedent et college persolvend et deincep to keep back  c until what time invention to be sufficient c sub pna coke b To throw  together in prison si in prmissis to fail and that the say Thomas Bonham Oct  within London do practice physic and the same day he be summon by the censor  to appear before the precedent and they October then next follow at which day  Bonham make default therefore coke report a er p to look at closely to be per  prd censor that for his disobedience and contempt he shall be amerce to and  that he shall be arrest and commit to custody and afterward November 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 and will practice physic within London no one a college  to strive for venian 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 four censor see dr  turner dr Moundford dr argent and dr do then be censor or governor pro  collision et disobedience prd adtunc ei ib to order et to decide quod prd  Thomas Bonham in prison to put in hand ib remansur until what time from that  source per prsident et censor seu a steersman college prd 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 compter of London c without  ballio sive manucapt ad custagia et over Self Thomas Bonham while prd Thomas  Bonham per prcept prsiden et censor college prd sive successor to sew free be  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  three 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 form without any grace and that the  plaintiff year dom be a graduate see a doctor in the university of Cambridge  and have accomplish all thing concern his degree for his form without a Brownl  a grace by force whereof he have exercise and practice physic within the city  of London until the defendant have imprison he c upon which the defendant  demurrer in law and this case be often coke a 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 from practice physic within the city of London c the  second be if the exception of the say Act of b h cap b h have except he or not  the three be that his imprisonment be lawful for his say disobedience and as  to the first they rely upon the letter of the grant ratify by the say Act of h  which be in the negative see no one in dictam community c to drive dictam  facultatent nisi ad hoc per predict prsidentem et partnership c admission sit  c and this proposition be a general negative and a   a   light a Inst hard a  generale dictum be generally to come to know and no one exclude all and  therefore a doctor of the one university or the other be prohibit within this  negative word no one and many case be put where negative statute shall be take  strict et exclusive which I do not think necessary to be recite here also they  say that the statute of b rastal physician b h c which in effect be repeal by  this Act of c h c roll Inst rastal physician Bulstr light Rep Jones Cr James  Cr car palm cart c 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 this general prohibi coke  report b er p cion no one in dictam community c as to the second 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 extend only to place  out of London and so much the rather because they provide for London before no  one 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 three  of the elect and so they say that it be late adjudge in the king bench in a  information exhibit against the say dr Bonham for practice physic in London  for diverse month as to the three point they say that for his contempt and  disobedience before they at their assembly in their college they may well  commit he to prison for they have authority by the letter patent and Act of  parliament and therefore for a contempt or misdemeanour before they they may  commit he also the Act of d mark e rastal physician light Rep Jones Cr car cro  James Inst Brownl cart d I m 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 coke b quod no one 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 nariae have authorize they  to imprison he in this case wherefore they conclude against the plaintiff but  it be argue by coke chief justice Warburton and Daniel justice at the common  plea to the contrary and Daniel justice 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 a and the chief justice do not  speak to those two point because he and Warburton and Daniel agree that this  action be clear maintainable for two other point a a graduate doctor of one of  the university can practice physic within London or seven mile round without  licence from the college of physician college of physician v dr west Mod  college of physician v Levett ld raym a and therefore in this action the chief  justice omit to speak to the say two point but to two other point be and the  say two other justice Warburton and Daniel do speak know 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 hadpursued their power  but the chief justice before be argue the point in law because much be say in  commendation of the doctor of physic of the college in London and somewhat as  he conceive in derogation of the dignity of the doctor of the say university  be first attribute much to the doctor of the say college in London and confess  that nothing be speak in their commendation which be not due to their merit  but yet that no comparison be to be make between that private college and  either 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 it 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 melius be to strive for rend how  castrated a small brook brief academy Cantabrigi et Oxford are Athens our men  nobilissim royal power sole oculi et anim royal power unde religion humanitas  et education in all men royal power sufficient co part in greater abundance to  spread by pouring but it be true never sufficient copy praiser because never  to withdraw means Laudis and therefore those university exceed and excel all  private college quantum inter guelder rose cypresstree and it be observe that  king Henry VIII in his say letter patent and the king and coke report a er p  the parliament in the Act of h in make of a law concern physician for the more  safety and health of man therein follow the order of a good physician king for  all men art to tax to have in box pect Himself for art of medicine coke a be  duplex to move back et to move to move back sickness et to move ad health and  therefore five manner of person who more hurt the body of man than the disease  itself one of which say of one of their patient Jugiens sickness to fall in in  Median be to be remove not good avaricious who art of medicine to greater  extent greed set causan how any bon knowledge trust to declare publicly full  of wickedness rash not knowing and of the other part five manner of person be  to be promote as appear by the say Act know those who be profound sad discreet  groundly 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  burr defeat in youth medico cmiterii growth and it ought to be presume every  doctor of any of the university to be within the statute know to be profound  sad discreet groundly learned and profound study for none can there be master  of art who be a doctor of philosophy under the study of seven year and can be  doctor in physic under seven year more in the study of physic and that be the  reason that the plaintiff be name in the declaration doctor of philosophy and  doctor of physic because it is necessary Median be philosophical where for  philosopher to leave off doctor incipit as to the two point upon which the  chief justice Warburton and Daniel give judgement it be resolve by they that  the say censor have not 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 know quod no one in dictam community c to drive dictam means  c which prohibit every one from practice physic in London c without licence  from the precedent and college but extend only to punish those who practice  physic in London pro delict nest in non bene to follow to the grave to make et  act  facultate medicine by line and imprisonment b mala praxis in a physician  surgeon or apothecary be a great misdemeanour and offence at commonlaw whether  it be for curiosity or experiment or by neglect because it break the trust  which the party have place in his physician and tend to the patient  destruction dr Groenvelts case ld raym SC Mod b so that the censor have not  power by the letter patent and the Act to fine or imprison any for practice  physic in London but only pro fault nest in non bene to follow to the grave c  know for ill and not good use and practice of physic and that be make manifest  by five reason which be call vivid account because they have their vigour and  life from the letter patent and the Act itself and the best a godb roll Rep  wing Max a expositor of all letter patent and act of parliament be the letter  patent and the act of parliament themselves by construction and confer b   a    b godb   light   a b all the part of they coke b together c wing Max c optima  to cause to stand interpretatrix be omnibus small part the same to look into  Self to cause to stand and d WingMax d unjust be nisi totan lege to look at  One aliquan he small part proposita to fine well responder e 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 prterea  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 comprehend four certainty certainty of the thing prohibit  see practice of physic certainty of the time know practice for one month  certainty of penalty know certainty in distribution know one moiety to the  king and the other moiety to the college and this penalty he who practice  physic in London incur although he practice and use physic well and profitable  for the body of man and on this branch the information be exhibit in the king  bench but the clause to punish fault in non bene to follow to the grave c on  which branch the coke report b er p case at bar stand be altogether uncertain  for the hurt which may come thereby may be little or great leave well grave  excessive or small c and therefore the king and the maker of the Act can not  for a offence so uncertain 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 emporum of oneself et per alias way the pure milk of reason et  salary of pastor the harm which accrue by non bene to follow to the grave c  concern the body of man and therefore it be reasonable that the offender shall  be punish in his body know by imprisonment but he who practice physic in  London in a good manner although he do it without licence 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 be practice it by the space of a month but  the clause of non bene to follow to the grave c do not prescribe any certain  time but at what time soever be minister physic non bene c he shall be punish  by the say second branch and the law have great reason in make this  distinction for diverse noble a cart a 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 to  another by two or three week c without any forfeiture for any one who practice  physic bene c in London although he have not take coke a any degree in any of  the university shall forfeit nothing unless he practice it by the space of a  month and that be the reason that the time of a month be put in the Act the  censor can be b   light a bridge dyer pl b judge minister and party judge to  give sentence or judgement minister to make summons and party to have the  moiety of the forfeiture because c   light a c some non debet be judge in not  common with others causan no indeed uneven be once sum 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 will d   a calvin case  Brownl hard d control act of parliament and sometime adjudge they to be utter  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 Tregors case on the  statute of W c et Arctic super Chartas c Herle e e b e say some statute be  make against law and right which those who make they perceive will not put  they in execution c Lord Ellesmere observe observation on the report p and for  novelty in dr Bonhams case the chief justice have no precedent for he but many  judgement against he yet do he strike in sunder the bar of government of the  college of physician and without any pause on the matter frustrate the patent  of king Henry VIII whereby the college be erect and trample upon the Act of  parliament h whereby that patent be confirm blow they both away as vain and of  no value and this be in triumph of himself be accompany but with the opinion  of one judge only for the matter in law where three other judge be against he  which case possess a better room in the press than be deserve in serjeant hill  copy of the observation in Lincoln inn library there be the follow manuscript  observation on the stricture of Lord Ellesmere in page of the report of dr  Bonhams case in   it appear that two of the other judge agree with coke as to  the two point of which they give judgement the second point be in b and the  matter of law in support of it which be condemned here be in page videlicet  that a statute against reason be void and be support by many authority then  and by other before and since in our court and the antiquity of it be still  more ancient just Inst lib title text dr Bonhams case be report in Brownl to  and in p it appear that the case be argue by all the justice of c b and at two  several day it be argue by foster Daniel and Warburton against the plaintiff  and the second day by Walmsley I and coke CJ but the argument of foster Daniel  and Warburton be not report by Brownlow but he report full saint the argument  of Walmsley for the plaintiff and afterward that of coke against he and in  page the like reason and authority be give by coke for his opinion as appear  in his report and then Brownlow mention only at the end that so he coke  conclude that judgement shall be enter for the plaintiff which be do accord  this last report be I think a confirmation of Lord coke report though Lord  coke only report the effect of the argument of the justice who be of opinion  against the plaintiff fol there be it be true in some part of the argument  some thing that savour of the pedantry and quaintness peculiar to the time but  nothing to impeach that part of it which be the part object to by Lord Egerton  and as above observe coke opinion as to that part at least be confirm by many  authority before that case in the city of London v wood Mod debt be bring in  the mayor court a court hold before the mayor and alderman on a bylaw to  recover a forfeiture for refuse to serve the office of sheriff and such action  be bring in the name of the mayor and commonalty and it be hold to be error  and per holt g j what my Lord coke say in Bonhams case in his   be far from  any extravagancy for it be a very reasonable and true say that if a Act of  parliament shall ordain that the same person shall be party and judge or which  be the same thing judge in his own cause it will be a void Act of parliament  for it be impossible that one shall be judge and party for the judge be to  determine between party and party or between the government and the party and  a Act of parliament can do no wrong though it may do several thing that look  pretty odd for it may discharge one from his allegiance to the government he  life under and restore he to the state of nature but it can make one who life  under a government judge and party a Act of parliament may not make adultery  lawful that be it can make ft lawful for a to lie with the wife of b but it  may make the wife of a to be the wife of b and dissolve her marriage with a  Vid doctor and Stud p day v savage hob Stewart v Lawton I bing SC b more  serjeant hill in his copy of the report refer to Forbes parliament Deb Vol VII  p as mention several void act c the coke report a er p stat of W f Inst f c  give a writ of cessavit hredi to strive for super hredem tenent et super eos  who to make strange to be hujusmodi property and yet it be adjudge in e a  Brownl Inst f n b f a 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 b Brownl Vet n b b  Inst Com dig parliament r b shall not have a cessavit for the cesser in the  time of his ancestor f n b and therewith agree blow Com a and the reason be  because in a cessavit the tenant before judgement may render the arrearage and  damage c and retain his land 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 will be against  common right and reason the commonlaw adjudge the say Act of parliament as to  that point void the statute of c Inst c Skinner c Carlisle make year e enact  that the order of the Cistercians and augustine who have a convent and common  seal that the common seal shall be in the keep of the prior who be under the  abbot and four 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 in a h annuity be that this statute be a Inst Brownl a void for it  be impertinent to be observe for the seal be in their keep the coke report b  er p 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 b Brownl Inst b  observe every common seal shall be defeat upon a simple surmise which can be  try note reader the word coke b of the say statute at Carlisle year e which be  call to cause to stand conscientious be et in super to order dominus king et  statuit quod abbate Gisterc et prmonstraten order reliqiosorum c de ctero 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 forfan aliquan scribe obligation  donation purchase sale transference of ownership seu another whoever  contraduum elsewhere seal how tali seal common as to let go 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 control it and adjudge it void as to  service and the donor shall have the rend as a rentseck distrainable of common  right for it will be against common right and reason that the c die pl   a day  a   light b cro car roll Rep Jones light Rep c king shall hold of any or do  service to any of big subject Elizabeth dyer and so it be adjudge mich  Elizabeth n Com banc in d and Leon Leon d Strowds case so if any Act of  parliament give to any to hold or to have conusans of all manner of plead  arise before he within big manor of d yet he shall hold no plea to which he  himself be party for as have be say uneven be once sum rei be judge if he  shall forfeit for one month by the first clause and shall be punish for  practice at any time by the second clause two absurdity shall follow I that  one shall be punish not only twice but many time for one and the same offence  and the divine say quod e   a e Deus non stir about bis in together and the  law say f vent   a   a   b roll Rep Cawly Noy Bridgm cro James wing Max f no  one debet bis to punish pro to make one fault it will be absurd by the first  clause to punish practice for a month and do for a lesser time and by the  second 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 forfeit of and by the second  by fine and imprisonment without limitation for every time of the month in  which he practice physic and all these reason be prove by two ground or maxim  in law g postea b Raymond Hawkess Max style g general clause non to stretch  out ad she queen specifically are to bind together and the case between carter  and a cro Elizabeth Leon Owen and   b Bulstr roll Rep winch lane light Rep  style a Ringstead hill Elizabeth rot in common banc 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 big body beget and further that the  recoveror coke a shall stand seize to the use of he and to the heir of big  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 name 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 b wing Max light Rep b word m near certainty to put to ad earlier  times queen certainty indigent are to bear back e c light Rep wing Max style c  a b sir Adam de Clydrow knight bring a prcipe quod To give back against John  de Clydrow and the writ be quod just c To give back manor de wicomb et two  carucatus terr cum appurtenance in Clydrow in that case the town of Clydrow  shall not relate to the manor coke report b er p because non to need for a  manor may be demand without mention that it lie in any town but  cumpertinentiis 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 this 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 nest in non bene 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 three  case know in non bene to follow to the grave to make well act  c also this  word a punishment be limit and restrain by these word ita quod a punishment  the same Median c such in prmissis fault c which word such in prmissis fault  limit the former word in the first part of this sentence ac a punishment the  dawn pro fault nest in non bene to follow to the grave c it will 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 n 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 d cart d  plenum et inteqrum search steering et amendment all et singulor a secret c  without grant they any court in which shall be legal proceed that be good for  search whereby a 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 coke b 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 d Vid ante note c butt case   a d to which it be answer that  neither the letter patent nor the Act of parliament have grant they any court  but only a a postea a 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 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 ensors 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 which he be advice by his counsel he may  justify which be not any offence worthy of imprisonment the second point be  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 six reason by the Act the censor only have  power to impose a fine or amerciament and the precedent and censor impose the  amerciament of upon the plaintiff the plaintiff be summon to appear in person  prsidente et censor c et non to be evident and therefore he be fine whereas  the precedent have no 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 a in the statute of W cap b Inst W c Plowd b raze account b de to be a  servant bailiff c who ad master of reddendo to hold c cum dom hujusmodi to be  a servant to hand over the dawn auditor put in possession of et coke report a  er p to touch Self in arrearagiis sum corpora the dawn et per master of suum  omnibus allocates et allocandis arrestentur per testimonium listener the same  put in possession of millantur et to set free neighbor gaol 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 c postea b Brownl Inst  Bulstr Fitzherbert bar Br account Br Det Br execution Br faux imprisonment ld  raym c present as it be hold in h a and the reason thereof be give in Fogassas  case Plowd Com 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 Com b in Stradlings coke a case and a justice a Brownl r  c h c Mod a of peace upon view of the force ought to commit the offender  present forasmuch as the censor have their authority by the letter patent and  Act of parliament which be high matter of record their proceed ought not to be  by parole et eastern 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  b before b a     b f n b d vin ab amerc I a pl l raym b 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 a writ of the court be not of record f n b in  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 a record of fine and  imprisonment and regular they who can make c before foe b a b f n b d   a salk  t r c a record can fine and imprison and therewith agree h book of entry title  account fol 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 forasmuch as the Act of h have give power to imprison till he  shall be deliver by the precedent and the censor or their successor reason  require that it shall be take strict for the liberty of the subject as they  pretend be at their pleasure and this be well prove by a judgement in  parliament in this very case for when this Act of h have give the censor power  to imprison yet it be take so literal that the gaoler be not bind to receive  such as they shall commit to he and the reason thereof be because they have  authority to do it without any court and thereupon the statute of I man d  Brownl raze phys light Rep Cr James Cr car Jones car Inst d cap be make that  the gaoler shall receive they upon a penalty and yet none can commit any to  prison unless the gaoler receive he but the first Act for the cause aforesaid  be take so literal that no necessary incident be imply and where it be object  that this very Act of mark c have enlarge the power of the censor and they  urge it upon the word of the Act it be clear resolve that the say Act of I Mr  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 e h cap  roll Inst raze phys Bulstr light Rep Jones cro James cro car palm cart e h for  the word of the Act of queen mary 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 ware gaol c but in this case Bonham have not do any thing  which appear within this record contrary to any article or clause contain  within the grant or Act of h S also the gaoler who refuse shall forfeit the  double value of coke b 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 coke report a er  p fine or amerce b the Act of h and that be not Bonham as by the reason and  cause aforesaid 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 reply and by his  replication it appear that he have no cause of action there he shall never  have judgement but when the a   b and ref more lev a bar be insufficient in  matter or amount as the 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 declaration 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 declaration 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 declaration want substance no bar can make it  good so of the bar replication c and therewith agree e a good case and notam  there dictum coke vide e b e fa e h h h c e Vid note c bull be case ante   a  tippet v may Bos and pull e but when the plaintiff make replication  surrejoinder c and thereby it appear that upon the hob hard whole record the  plaintiff have no cause of action he shall never have judgement although the  bar or rejoinder c be insufficient in matter for the court ought to judge upon  the whole record f Vid Com dig pleader c e and William sander colour v  southern Vid also note f Frauncess case ante p a f and every one shall be  intend to make the best of his own case vide b style b Ridgeways case in the  three part of my report b and so these difference be resolve and adjudge  between   b Kendal and Helier mich Elizabeth in the king bench and mich  Elizabeth n the same court between c   b cro Elizabeth Leon c galley and  Burbry and coke chief justice in the conclusion of his argument observe seven  thing for the better direction of the precedent and commonalty of the say  college for the future that none call be punish for practice physic in London  but by forfeiture of 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 S if any person prohibit by the statute offend in non bene exeq c they  may punish he accord to the statute within the month those who they may commit  to prison by the stat ought to be commit d before b Brownl Inst bar Br account  Br Det Br exec Br faux imprisonment Bulstr Mod b and c d present the fine  which they coke a set accord to the statute belong to the king they can impose  a fine or imprisonment without a record of it the cause for which they impose  fine and imprisonment ought to be certain for it be a brown hard a traversable  for although they have letter patent and ail 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 they but have ail b ante b b authority  only to do it the cause of their commitment only be traversable in ail action  of false imprisonment bring against they g in Groenvelt v Burwell ld raym holt  CJ observe that the opinion of coke that the case of the fine and imprisonment  be traversable be ail opinion obiter and not pertinent to the case there  because dr Bonham be commit for practice without licence and not for  malpractice and the power of commitment do not extend to practice without  licence nor can they inflict the say punishment for such a offence but coke  enlarge on their power and include a commitment for malpractice but coke be  transport that the doctor be a member of the university and of his university  as one may see by his excursion in praise of it which he look upon as affront  by that prosecution and as the say opinion be not judicial so it have not any  authority in law for its foundation coke himself say that they ought to make a  record of their proceed then they be judge of record and therefore accord to  himself   their act be not traversable Vid hasten v Carew barn and Cress SC  dow and Ryl note g the Marshalsea case   a g as upon the statute of c  Elizabeth c James cap c bankrupt their warrant be coke report b er p 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 Cult d lust d  and Delabarre where the issue be whether William Cheyney be a 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 h the general rule of the law as  to action of trespass against person have a limit authority and commissioner  of bankrupt be such person be plain and clear if they do any act beyond the  limit of their authority they thereby subject themselves to a action of  trespass but if the act do be within the limit of their authority although it  may be do through a erroneous or mistake judgement they be not thereby liable  to a action per abbot CJ Doswell v impey I barn and Cress SC dow and Ryl cite  miller v fear W black h for otherwise the party grieve may be perpetual  without just cause imprison by they but the record of a force make by a  justice of peace be not traversable because he do it as judge by the statute  of e r c h c e Richard and Henry and so there be a difference when one make a  record as a judge and when be 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 of it and he well approve of the  judgement which we have give and this be the first judgement on 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