This reversal occasioned
the passage of the statute (7 and 8 W. III c. 7) which gives an action
against the returning officer, for all false returns "wilfully made, and
for double returns _falsely, wilfully and maliciously made_."
_Groenvelt v. Burwell & al_ (1 Salk. 396, S.C. 2 Ld Ray. 230, Comyns
76.) In this case, the Censors of the College of Physicians and
Surgeons, in London, were empowered to inspect, govern and censure, all
practices of physic in London--and to punish by fine and imprisonment.
They convicted the plaintiff of administering noxious medicines, and
fined him L20, and imprisonment 12 months. Being taken in execution, he
brought trespass against the Censors. It was held
1. That the Censors had judicial power.
2. That being judges of the matter, what they had adjudged was not
traversable. That the plaintiff could not be permitted to gainsay, what
the Censors had said by their judgment--that the medicines were noxious.
3. Though the medicines were really good, yet no action lies against the
Censors, because it is a wrong judgment in a matter within the limits of
their jurisdiction; and a judge is not answerable, either to the King or
the party, for the mistakes or errors of his judgment in a matter of
which he has jurisdiction; It would expose the justice of the nation,
and _no man would execute the office upon peril of being arraigned by
action or indictment for every judgment he pronounces_.
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