LORD KEN YON. 311 



to examine Dr. Stanger, or any other person of 

 similar qualifications, for admission into their 

 body. 



But it seems superfluous to offer proof, that 

 the college were bound by .the repeated and 

 unchecked declarations of their counsel, to a 

 prompt and honourable execution of the statute 

 for the admission of licentiates to examination, 

 when it is considered in what light that statute 

 was regarded by the court. For in delivering 

 your opinion on Dr. Stanger's case, your Lord- 

 ship, after speaking of the by-law which had 

 formerly restricted admission into the college 

 to the graduates of Oxford and Cambridge, was 

 pleased to express yourself in the following 

 manner : 



" If it, [the restrictive statute] had been a 

 sine qua non, if it had controlled the parties 

 who are to form their judgment, and taken 

 from them all power of decision upon candi- 

 dates, it would have had that seed of death in it, 

 which Lord Mansfield found in that by-law* which 

 he decided to be bad. But this is not so ; here 



* The only difference between the present restrictive sta- 

 tute, and that which was in existence in the time of Lord 

 Mansfield, is, that foreigners, who have taken degrees at 

 Oxford or Cambridge, are not now prevented from entering 

 the college : but it is evident that tl^is relaxation can affect 

 very few persons, perhaps not more than one in a century. 



