poral or ecclesiastical courts, is a cause of deprivation of benefice, Deprivation, in notis.] E. 11 W. Bishop of St. David's case. By Holt chief justice: It has been a question, whether perjury in the spiritual court can be tried in the temporal: and in all the cases where it hath been, the persons have been acquitted, and so it hath been ended, but it is not yet settled. L. Raym. 451. M. 4 Geo. K. and Lewis. An information was moved for against a clergyman, for perjury at his admission to a living, upon an affidavit that the presentation was simoniacal. But the court refused to grant it, till he had been convicted of the simony. Str. 70. (s) PETER-PENCE was an annual tribute of one penny paid at Physicians. 1. WETHERSHEAD. Forasmuch as the soul is far more precious than the body, we do prohibit under the pain of anathema, that no physician for the health of the body, shall prescribe to a sick person any thing which may prove perilous to the soul. But when it happens that he is called to a sick person, he shall first of all effectually persuade him to send for the physicians of the soul; that after the sick person hath taken care for his spiritual mendicament, he may with better effect proceed to the cure of his body. And the transgressors of this constitution shall not escape the punishment appointed by the council. Lind. 330. That is, by the council of Lateran, under Innocent the third; (s) There are authorities and dicta to shew, that perjury in any court, not excepting courts ecclesiastical, may be punished by indictment or information in the temporal courts; see 5 Mod. 348. 2 Roll. Ab. 257. 16 Vin. Ab. 313, 314.; but it must be at common law, as it is aided by stat. 2 G. 2, c.25. and 23 G. 2. c.11. and not upon the stat. of Eliz. [88] from the canons of which council this constitution was taken: which punishment is, a prohibition from the entrance of the church until they shall have made competent satisfaction. Johns. Wethersh.. 2. By the 3 H. c. 11. No person within the city of London, nor within seven miles of the same, shall take upon him to exercise and occupy as a physician or surgeon, except he be first examined, approved, and admitted by the bishop of London, ro by the dean of Paul's for the time being, calling to him or them four doctors of physic, and for surgery other expert persons, in that faculty, and for the first examination such as they shall think convenient, and afterwards always four of them that have been so approved; upon pain of forfeiture, for every month that they do occupy as physicians or surgeons, not admitted nor examined after the tenor of this act, of 5l., half to the king, and half to him that shall sue. And that no person out of the said city and precinct of seven miles of the same, except he have been as is aforesaid approved in the same, take upon him to exercise and occupy as a physician or surgeon, in any diocese within this realm; unless he be first examined and approved by the bishop of the same diocese, or (he being out of the diocese) by his vicar general, either of them calling to them such expert persons in the said faculties as their discretion shall think convenient, and giving their letters testimonial under their seal to him that they shall so approve; upon like pain to them that occupy contrary to this act (as is aforesaid) to be levied and employed after the form before expressed. Provided, that this act shall not be prejudicial to the universities of Oxford or Cambridge, or either of them; or to any privileges granted to them. 3. (A) By the 14 & 15 H. 8. c. 5. Physicians in London and within seven miles thereof are incorporated with power to make statutes for the government of the society; and no physician shall practise within the said limits, till admitted by the president and community under their common seal; on pain of 5l. a month, half to the king, and half to the society. And four censors are to be chosen yearly, who shall have the ordering of the practitioners within the said limits, and the supervising of medicines; with power to fine and imprison. (6) And it is further enacted, that whereas in dioceses of England out of London, it is not light to find always men able sufficiently to examine (after the statute) such as shall be admitted to exercise physic in them: therefore no person shall be suffered to exercise or practise in physic through England, until such time as he be examined at London, by the president and three of the elects of the said society; and to have from them letters testi monial of their approving and examination; except he be a graduate of Oxford or Cambridge, which hath accomplished all things for his form without any grace. (t) But as to surgeons, the law remained as before; that they shall be licensed by the bishop of the diocese, or his vicar general respectively. [By 32 H. 8. c. 42. The barbers and surgeons of London were [Surgeons.] united and incorporated, and exempted from bearing arms, or serving on inquests or offices. But they were not to use each other's trade. By 18 G. 2. c. 15. the union was dissolved; and the surgeons of London were made a separate corporation, with power to enjoy the same privileges as by former acts or grants. See 4 Burr. 2133. (7) By 25 G. 2. c. 37. The bodies of murderers convicted and executed in London or Middlesex shall be delivered to Surgeons' Hall; and in other counties to such surgeons as the judge shall direct.] In the case of the college of physicians against Levett, E. 11 W. The plaintiffs brought an action of debt against the defendant for 251. for having practised physic within London five months without licence. Upon nil debet pleaded, it was tried before Holt chief justice at Guildhall; and the defence was, that he was a graduate doctor of Oxford. But it was ruled by Holt, upon consideration of all the statutes concerning this matter, that he could not practise within London or seven miles round, without licence of the college of physicians, and by his direction a verdict was given for the plaintiffs. L. Raym. 472. (u) And the like was adjudged on a special verdict, M. 4 Geo. 1717; in the case of Dr. West, who was a graduate of Oxford. [ 91 ] Id. 10 Mod. 353. drugs. [3. (B) By the 32 H. 8. c. 40. All members of the college of May search physicians in London are discharged of keeping watch or ward, for faulty or being chosen constables, &c. and are enabled to practise surgery. And it shall be lawful for the president and fellows of the said college yearly to chuse four of their number, who shall have power, after being sworn, to enter the house of any apothecary (t) Vid. 12 Mod. 602. (7) Sharpe q. t. v. Law. (u) See also Dr. Bonham's case, 8 Rep. 107. where seven rules are laid down for the better direction of the president and commonalty of the college for the future; and note, that under the charters granted to the college, and confirmed by acts of parliament, they may fine and imprison any person for bad practice as a physician within the limits of their jurisdiction. Groenvelt v. Burwell, Ld. Raym. 454. Com. 76. 12 Mod. 386. For further information as to the rules of the college, see Rex v. Dr. Askew et al. 4 Burr. 2186; and note, that a physician cannot maintain an action for his fees, they being honorary. Chorley v. Belcot, 4 T. Rep. 317. in the said city, to search and view his wares and drugs; and such as they shall find defective and corrupted, having called to their assistance the wardens of the mystery of apothecaries, or one of them, shall cause to be burnt, or otherwise destroyed. Apothecaries denying entrance, to forfeit 57. And by 1 Mar. § 2. c.9. if the wardens of the apothecaries' company shall neglect to go with the president, or the said four physicians so elected, they may search and punish apothecaries for faulty drugs without their assistance; and all persons resisting to forfeit 107.] 4. By the 34 & 35 H. 8. c. 8. Every person being the king's subject, having knowledge and experience of the nature of herbs, roots and waters, or of the operation of the same, by speculation or practice, to use and minister in and to any outward sore, uncome, wound, apostemations, outward swelling or disease, any herb or herbs, ointments, baths, pultess, and emplaisters, according to their cunning, experience, and knowledge, in any of the diseases, sores and maladies aforesaid, and all other like the same, or drinks for the stone and strangury, or agues; without suit, trouble, penalty, or loss of their goods: the foresaid statute, or any other act, ordinance, or statute notwithstanding. [In Laughton v. Gardner, Cro. Jac. 121. 159. this act is considered as repealed quoad the college of physicians by 1 Mar. Sess. 2. c. 9. which confirms the 14 & 15 H. 8. c. 5. and thereby abrogates all subsequent acts contrary to it; and though this was afterwards doubted in Butler v. The College of Physicians, Cro. Car. 256., it seems to receive some confirmation from the 10 G. 1. c. 20. since expired; which, though it recites former acts on the subject, does not mention the 34 & 35 H. 8.] [Apothecaries. By 6 & 7 W. 3. c. 4. Practising members of the London Society of Apothecaries, and apothecaries acting as such in England, Wales, and Berwick, after serving seven years apprenticeship, are exempted from serving parish offices and on juries. By 55 G. 3. c. 194. The master, wardens and assistants of the Society. of Apothecaries are empowered to search apothecaries shops for bad medicines, to examine apothecaries, and their assistants, and to execute many other provisions for better regulating the art.] Pie. THE pie was a table to find out the service belonging to each day. Gibs. 263. Pious uses. See Charitable uses. Plays in the church or churchyard. See Church. Plough-alms. THE plough-alms was a kind of oblation, being most commonly a penny for every plough, to be paid between easter and whitsuntide. 2 Still. 177. Plurality. See Lapse. 92 [93] by canon. 1. BY a canon made in the council of Lateran, holden under Restraints pope Innocent the third, in the year of our Lord 1215, it of plurality is ordained, that whosoever shall take any benefice with cure of souls, if he shall before have obtained a like benefice shall ipso jure be deprived thereof; and if he shall contend to retain the same, he shall be deprived of the other (8), and the patron of the (8) Holland's case, 4 Rep. 75. Brazen-nose College v. The Bishop of Salisbury, 4 Taunt. 831. So though the second benefice be under Sl. per annum, Shute v. Higden, Vaugh. 131. The King v. Bishop of London and Baldcock, Jones, 404.; and thereupon the patron may, if he will, present without sentence of deprivation, Cro. Car. 357. 2 Wils. 174. The King v. Priest, Jones, 337. and a subsequent dispensation obtained pursuant to 25 H. 8. c.21. is too late, and does not take away the right of presentation vested in the patron, Jones, 404. It seems that the first benefice will be void on institution to the second before induction; though a lapse does not occur till six months after induction; for induction to the second is sufficient notice to the patron of the first. Moor. 448. Wolverstan v. Bishop of Lincoln. 2 Wils. 174. 200. 3 Bur. Rep. 1504. S. C.; see also that a church is full by institution. Colt and Another v. Bishop of Coventry, Hob. 154. Goldsb. 164. 2 Wils. 183-191. argued. The first benefice is so void that a grant of the advowson or next presentation made after it will be void, 2 Wils. 174.; nor can he sue for tithes, Cro. Car. 357. Jones, 337, 338. 340. except where the first is under 8l. per ann., and then even only after deprivation under canon law, ib.; for the first is then |