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of persons (who more hurt the body of man than the disease itself, one of which said of one of their patients, fugiens morbum incidit in medicum) are to be removed; 1. Improbi. 2. Avari, qui medicinam magis[1] avaritiæ suæ causa quam ullius bonæ conscientiæ fiducia profitentur. 3. Malitiosi. 4. Temerarii. 5. Inscii. And of the other part five manner of persons were to be promoted, as appears by the said act, sc. those who were, 1. profound. 2. sad. 3. discreet. 4. groundly learned. 5. profoundly studied. And it was well ordained, that the professors of physic should be profound, sad, discreet, &c. and not youths, who have no gravity and experience; for as one saith,[2] In juvene theologo conscientiæ detrimentum, in juvene legista bursæ detrimentum in juvene medico cœmiterii incrementum. And it ought to be presumed, every doctor of any of the universities to be within the statutes, sc. to be profound, sad, discreet, groundly learned, and profoundly studied, for none can there be master of arts (who is a doctor of philosophy) under the study of seven years, and cannot be doctor in physic under seven years more in the study of physic; and that is the reason that the plaintiff is named in the declaration doctor of Philosophy, and doctor of physic; quia oportet medicum esse philosophum,[3] ubi enim philosophus desinit, medicus incipit: as to the two points upon which the Chief Justice, Warburton and Daniel, gave judgment. 1. It was resolved by them, that the said censors had not power to commit the plaintiff for any of the causes mentioned in the bar; and the cause and reason thereof shortly was, that the said clause, which gives power to the said censors to fine and imprison, doth not extend to the said clause, sc. quod nemo in dictâ civitate, &c. exerceat dictam facultatem, &c. which prohibits every one from practising physic in London, &c. without licence from the president and college; but extends only to punish those who practise physic in London, pro delictis suis in non bene[4] exequendo,

  1. 2 Brownl. 258.
  2. 2 Brownl. 264.
  3. 2 Brownl. 263.
  4. 2 Brownl. 258.