Concerning Punishment & Correction against Offenders.
Quest. 1. Whether the President and four Censors together, or the Censors alone may not commit to Prison without bail or mainprize all Offenders in the Practice of Physick according to the Statute of _primo Mariæ_ and how long, whether till he have paid such Fine as shall be assessed upon him, or have submitted himself to their Order, and in what manner?——
Resp. They all resolved, That for not well doing using or practising the faculty or Art or Physick or for disobedience or contempts done and committed against any Ordinance made by the College, by virtue and according to the power and authority to them granted, they may commit the Offenders without bail or mainprize, as the words of the Statute are. Which they all resolved, would not be altered or interpreted otherwise than the express words of the Statute are.
Quest. 2. Whether they may not commit to prison for disobedience and contempt of the private Statutes and Ordinances of the College made for the better Government thereof, and for not payment of such reasonable fines as shall be imposed by the President and Censors for maintenance of the said College, among the Members of the same College?
Resp. They all resolved, That the President and College might commit to prison for offences and disobedience done and committed against any lawfull Ordinance made by the said College, and might impose reasonable fines for the breach thereof, and detain the parties committed till these fines were satisfied.
Quest. 3. Whether they may not justly take upon every admission a reasonable sum of money for the better maintenance and defraying of necessary expences, as in other Corporations?
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.