A collection of acts of Parliament, charters, trials at law, and judges opinion concerning those grants to the Colledge of Physicians London, taken from the originals, law-books, and annals, commanded by Sir Edward Alston Kt., president, and the elects and censors / made by Christopher Merret ...
About this Item
Title
A collection of acts of Parliament, charters, trials at law, and judges opinion concerning those grants to the Colledge of Physicians London, taken from the originals, law-books, and annals, commanded by Sir Edward Alston Kt., president, and the elects and censors / made by Christopher Merret ...
Author
Merret, Christopher, 1614-1695.
Publication
[London :: s.n.],
1660.
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Subject terms
Royal College of Physicians of London.
Medical laws and legislation -- England -- Early works to 1800.
Cite this Item
"A collection of acts of Parliament, charters, trials at law, and judges opinion concerning those grants to the Colledge of Physicians London, taken from the originals, law-books, and annals, commanded by Sir Edward Alston Kt., president, and the elects and censors / made by Christopher Merret ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A50695.0001.001. University of Michigan Library Digital Collections. Accessed May 8, 2024.
Pages
descriptionPage 110
Termino Trinitatis anno quarto Jacobi Regis in Banco Regis.
Crokes Reports the Second Part.
Doctor Langhton versus Gardener.
DEbt upon the Statute 14. H. 8. cap. 5. by the Plaintiff, as President of the Colledge of Physicians in London, and of the Corporation of Physicians there: For that the Defendant used the Art of Physick in London, without Licence from the Colledge there, against the Statute, and their Charter: For which he demanded 5 l. for eve∣ry moneth, being the penalty given by the Statute: The Defendant pleaded the Statute of 34. H. 8. which enables every one to practise Physick or Chirurgery, being skilful therein, notwithstan∣ding any Act to the contrary. The Plaintiff replies, and shewes the Statute primo Mar. cap. 9. which confirms their Charter, and every Article thereof to stand in force; Any Act, Statute, Law, or Custome to the contrary notwithstanding. Hereupon the Defendant demurred; First, because this general clause in this Law doth not restrain the Statute of 34. H. 8. Secondly, that this pleading is a departure: For it ought to have been shewn before. Stephens argued for the Plaintiff. First,
descriptionPage 111
That the Act of 34. H. 8. is repealed by the Sta∣tute of of Prim. Mar. Quoad the Colledge of Phy∣sicians in London, as fully as if it had been by ex∣press words recited and repealed: For when it confirms the Charter of 14. H. 8. and appoints, that it, and every part thereof shall stand, and be available: The Statute of 34. H. 8. cannot stand with it, Quia leges posteriores leges priores con∣trarias abrogant, 4. Ed. 4. Porters Case Co. 1. fol, 25. Secondly, That it is not any departure: Because there is not any new matter; but matter pleaded in reviving of the former, or fortifica∣tion thereof: And a Record was shewn, Mich. 10. & 11. Eliz. betwixt Bomelins & ..... where the Record was in the same manner as this Record is; and there the Plaintiff had Judgement: Wherefore, &c. And there being none on the Defendants part to argue, The Court upon hearing of the Record, gave rule, that Judg∣ment should be entred for the Plaintiff, un∣less, &c.