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_.

All that I have quoted from the English cases and our own to show that
_malice_ must be proven to make out the offense, _is expressly contained
in the_ statute under which this indictment is framed. The words are
(Sec. 19) "shall knowingly and _wilfully_ receive the vote of any person
not entitled to vote." (And Section 20 as amended) "If any such officer
shall knowingly and _wilfully_ register, as a voter any person not
entitled to vote."

And wilfully means, to use the language of Mr. Justice Wilson,
"_contrary to a man's own conviction_."

If it be said that the defendants must be presumed to know the law, that
is answered above by the quotations from the opinion of Mr. Justice
Wilson.

Besides when the statute speaks of "knowledge," aside from the
expression "wilfully" it means _knowledge_ as a _fact_--not any _forced
presumption of knowledge_ against the clear facts of the case.

To this extent and _to this extent only_, does the presumption that
defendants were bound to know the law go, viz: They were bound to know
that if they _as a fact_ "knowingly and wilfully registered as a voter
any person not entitled to be registered" or "knowingly and wilfully
received the vote of any person not entitled to vote," in either case
they were liable to the penalty; and they could not be allowed to urge
in