[85]. This forbidding is not absolutely necessary, but ex abundanti cautela is expedient.
[86]. This custom of amercing for unlicenced practice appears to have been very commonly adopted by the College: (see Goodall’s Proceedings,) it was undoubtedly erroneous, but as it was less expensive to the parties so fined than a suit for five pounds a month, according to the Statute, of which the defendant must have paid the costs, it was very generally acquiesced in till 1622, when the above trial took place.
[87]. And this has been determined by subsequent authorities, that the exception of Graduates of the two Universities of Oxford and Cambridge, in the concluding clause, applies to persons practising in all England, except the privileged district of the City of London, and seven miles circuit, which is in the peculiar and exclusive jurisdiction of the College of Physicians, in which no person whatsoever may practise under any pretence whatsoever except by their licence. See Coll. v. West. 10 Mod. p. 353.
[88]. For the power of punishment for Mala Praxis, Vide Post.
[89]. The King is Creditor Penæ, and therefore all fines for offences belong to him. Viner. tit action Qui Tam (A) 10. The fines are however granted to the College by the Charter of James. Vide Supra.
[90]. But contra, see the opinion of Chief Justice Holt.
[91]. This must be strictly laid in the declaration, for in the case of the College against Bush, 4 Mod. 47, an exception was taken to the Declaration, “that the defendant practised Physic in Westminster,” without stating that Westminster is within seven miles, &c. and the defendant had judgment. See also 12 Mod. 10.
[92]. For the same case see also Brownlow, part 2. Merrett’s Collec. p. 79.
[93]. See same case, 5 Mod. 327: 2 Salk. 451, and cases there cited.
[94]. See also the King and the President and College of Physicians against Marchmont Neadham. Trin. Ter. 28 Car. 2. B. R. Goodalls Pro. 273. Coll. of Phys. v. Bugge, 15 Car. 1. Scacc. Mag. Rot. 23, Car. 1; Goodall 259. Coll. v Bourne, 24 Car. 2: Coll. v Harder: Coll. v Merry: Coll. v Stone, 35 Car. 2: Goodall 275. Coll. v Levett, 1 Ld. Raym. 472: v Salmon, ib. 680: v Talbois. ib. 153: v West. ib. 472: Coll. v Tenant. Jones 262. Dr. Trigg v the Coll. Stiles Rep. 329.