Page:Medical jurisprudence (IA medicaljurisprud03pari).pdf/329

 faciendo & utendo facultate medicinæ, by fine and imprisonment: so that the censors have not power by the letters patent, and the act, to fine and imprison any for practising physic in London, but only ''pro delictis suis in non bene exequendo, &c. sc.'' for ill, and not good use and practice of physic. And that was made manifest by five reasons, which were called vividæ rationes, because they had their vigour and life from the letters patent, and the act itself; and the best expositor of all letters patent, and acts of Parliament, are the letters patent and the acts of Parliament themselves, by construction, and conferring all the parts of them together, Optima statuti interpretatrix est (omnibus particulis ejusdem inspectis) ipsum statutum; and injustum est nisi tota lege inspecta una aliqua ejus particula proposita judicare vel respondere. The first reason was, that these two were two absolute, perfect, and distinct clauses, and as parallels, and therefore the one did not extend to the other; for the second begins, præterea voluit et concessit, &c. and the branch concerning fine and imprisonment is parcel of the 2d clause. 2. The first clause prohibiting the practice of physic, &c. comprehends four certainties: 1. Certainty of the thing prohibited, sc. practice of physic. 2. Certainty of the time, sc. practice for one month. 3. Certainty of penalty, sc. 5l. 4. Certainty in distribution, sc. one moiety to the King, and the other moiety to the college, and this penalty he who practises physic in London incurs, although he practises and uses physic well, and profitable for the body of man; and on this branch the information was exhibited in the King's Bench. But the clause to punish delicta in non bene exequendo, &c. on which branch the case at bar stands, is altogether uncertain, for the hurt which may come thereby may be little or great, leve vel grave, excessive or small, &c. and therefore