the letters patent, and by the body of the act of 14 H. 8. restrained from practising physic within the City of London, &c. The second was, if the exception in the said act of[1] 14 H. 8. has excepted him or not. The third was, that his imprisonment was lawful for his said disobedience. And as to the first, they relied upon the letter of the grant, ratified by the said act of 14 H. 8. which is in the negative, sc. nemo in dictâ civitate, &c. exerceat dictam facultatem nisi ad hoc per prædict' præsidentem & communitatem, &c. admissus sit, &c. And this proposition is a general negative, but[2] generale dictum est generaliter intelligendum; and nemo excludes all; and therefore a doctor of the one university or the other, is prohibited within this negative word nemo. And many cases were put where negative statutes shall be taken stricte et exclusive, which I do not think necessary to be recited here. Also they said, that the statute of[3] 3 H. 8. c. 11. which in effect is repealed by this act of[4] 14 H. 8. has a special proviso for the universities of Cambridge and Oxford, which being here left out, doth declare the intention of the makers of the act, that they did intend to include them within this general prohibition, nemo in dictâ civitate, &c. As to the second point they strongly held, that the said latter clause, "and where that in the dioceses of England, out of London," &c. this clause, according to the words, extends only to places out of London, and so much the rather, because they provided for London before, nemo in dictâ civitate, &c. Also the makers of the act put a distinction betwixt those who shall be licensed to practise physic in London, &c. for they ought to have the admittance and allowance of the president and
- ↑ 14 & 15 H. 8. cap. 5.
- ↑ 11 Co. 59. a. Co. Lit. 36. a. 2 Inst. 81. Hard. 305.
- ↑ Rastal. Physician 1.
- ↑ 14 & 15 H. 8. c. 5. 1 Roll. 598. 4 Inst. 251. Rastal Physician 3. 2 Bulstr. 185. Lit. Rep. 168, 169, 172, 212, 215, 246, 247, 248, 249. 1 Jones 261. Cr. Jac. 121, 159, 160. Cr. Car. 256. Palm. 486. Cart. 115. 6 Mod. 125.
