LORD KENYON. 403 



remote that can be conceived from honour and 

 good faith. 



It will perhaps be expected, that I should 

 illustrate what I have said upon the theory of 

 this by-law, by an appeal to the facts which 

 have relation to it. But scarcely any such 

 exist. During the nineteen years which inter- 

 vened between the framing of the law, and the 

 decision of the Court of King's Bench in the 

 case of Dr. Stanger, the licentiates had been so 

 intimidated both by its intrinsic difficulties, and 

 by the threats of fellows of the college, that no 

 person who applied under it should ever obtain 

 what he desired, that only one of them, Dr. 

 James Sims, had endeavoured to profit by it. 

 He was regularly proposed for examination by 

 Dr. Burges, whose motion, however, the college 

 refused even to consider, on the ground that no 

 one had seconded it. With what justice or de- 

 cency this was done, I learn from your Lord- 

 ship. " He is not to wait to be seconded, 5 * 

 your Lordship said, in Dr. Stanger's case, while 

 speaking of a licentiate in the situation of Dr. 

 Sims, " the by-law does not require that." 

 These circumstances respecting Dr. Sims were 

 mentioned to the court by Mr. Christian, one 

 of Dr. Stanger's counsel, but, I suppose, in a 

 manner too unimpressive to fix them in your 

 Lordship's mind. For had they been present 



D D 2 



