Resp. They all held That they might take such reasonable sums.
Quest. 4. Whether those onely are to be committed that are Offenders in Non bene exequendo, faciendo & utendo facultate Medicinæ, as in the Letters Patents; and such as are sufficient and not admitted, are to be sued for 5 li. a month and not be committed?
Resp. They all held That by the Charter and Acts of Parliament they might commit Offenders and Practisers that offended in non bene exequendo faciendo et utendo facultate: But for the committing to prison of such as practise (not being admitted by the College) they held it doubtful, for that the Charter and Statute do in that case inflict a punishment of 5 li. a month against such practiser without admittance by the College. But they all resolved, That if the President and College made an Ordinance to prohibit the practising of all without admittance under the common Seal of the said College, That for breach and contempt of this Ordinance, the President and College might both impose a reasonable fine upon the Offender and commit him without bail or mainprize.
Quest. 5. Whether refusal to come to be examined upon warning given be not a sufficient cause of Commitment?
Resp. They all resolved, That if the College do make an Ordinance, That if any Practiser of Physick in London or within 7 miles of the same shall obstinately refuse to be examined by the Censors of the College in non bene exequendo faciendo & utendo the Art of Physick in his Medicines or Receipts that the said President or Censors may commit him to prison, there to remain without bail or mainprize, untill he be delivered by the President and Censors and to forfeit and pay to the said College some reasonable sum of money, That the same Ordinance will be good and lawfull. And if any after shall offend contrary to the said Ordinance, the President and Censors may lawfully commit such Offender to prison, there to remain with-
