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 without bail or mainprize untill he shall be delivered by the said President and Censors.
It pleased the Lord Chancellor to move these Questions to the Judges as material for the execution of the Statutes.
1 Quest. Whether the party committed for unskilful or temerarious practice may have an action of false imprisonment against them, and thereby draw in question or issue the goodness or badness of the Physick?
Resp. All resolved, That the Party so committed was concluded by the sentence and judgement of the 4 Censors of the College of Physicians.
2 Quest. Whether if any not admitted do practise Physick within London or 7 miles of the same but once twice or thrice in one month, be an Offender against the Charter and Statutes of the College?
Resp. All resolved it was, if he be a professed Physician.
These I conceive to be the resolutions of their Lordships and the Judges upon the Questions which I humbly refer to themselves to affirm or disaffirm