because he doth it as Judge, by the statutes of[1] 15 R. 2. and 8 H. 6. and so there is a difference when one makes a record as a Judge, and when he doth a thing by special authority, (as they did in the case at bar) and not as a Judge. And afterwards, for the said two last points, judgment
was given for the plaintiff, nullo contradicente, as to them. And I acquainted Sir Thomas Fleming, Chief Justice of the King's Bench, with this judgment, and with the reasons and causes of it, and he well approved of the judgment which we had given: and this is the first judgment on the said branch concerning fine and imprisonment which has been given since the making of the said charter and acts of Parliament, and therefore I thought it worthy to be reported and published. (See Carthew 492. 6 Mod. 125.) [For the Pleadings in this Case see 8 Co. Rep. p. 107.]
Dr. Groenvelt vers. Dr. Burwell and others, Censors of the College of Physicians
(from 1 Comyns Rep. p. 75) This was an action of trespass for an assault, battery, wounding and false imprisonment. The defendants as to the beating and wounding, plead not guilty, and as to the residue of the trespass they justify; for that by letters patent dated the 23 of September 10 H. 8 the king granted, that they, viz. the doctors of physick in London, should be a body and perpetual community, per nomen præsidentis & collegii five communitat' facultat' medicin' London', &c. and that they might make By-Laws; & quod quatour
- ↑ 15 R. 2. c. 2. 8 H. 6. c. 9.
