1796. J Cafe of the 
was firft eftablifhed, bya charter granted 
by Henry VIII, incorporating fix per- 
fons therein named, and all other men of 
the fame faculty. It has been doubted, 
whether all the phyficians then pracétifing 
in London were intended to be included 
in this grant; but there can be no doubt 
that all who had been approved under 
the prior aét, in which there was no li-. 
mitation to the graduates of Oxford and 
Cambridge, certainly were. The char- 
ter, after {pecifying the fame objects as 
the preceeding at, namely, ‘the reftrain- 
ing of the audacity of prefumptuous per- 
fons, who practife from motives of avarice, 
to the detriment of the community ; and 
‘the difcouraging and punifhing of them,” 
eftablifhes a perpetual college of learned 
and fedate men. It grants the right of 
electing a prefident, of having perpetual 
fucceffion, a common feal, of holding law- 
ful meetings, and of making bye-laws 
for the wholefome government, fuper- 
vifing, and correétion of the faid college 
or commonalty, and of all men exercifing 
the fame faculty. The Licentiates ob- 
ferve, that gravity and learning are the 
only qualifications mentioned, without 
any reitri€tion of the right of admiffion 
to graduates of particular fchools. About 
four years afterwards, in 1522, this char- 
ter was confirmed by an aét of parliament, 
obtained on the application of the fix per- 
fons named in the charter, and of all other 
men of the fame faculty ; which again 
{tates the only requifites for admiffion to 
be morality and learning. The terms 
‘of the aét are, “that no perfon of the faid 
politic body and commonalty aforefaid be 
{uffered to exercife and praétife phyfic, 
but only thote perfons that fhall be pro- 
found, fad, and difcreet, groundly learned 
and deeply ftudied in phyfic.”’ 
The fubfequent ats of parliament of 
the 32d of Henry VIII, and 1ft of Mary, 
take no notice of the requifites for ad- 
miffion. The intended charters of James 
1, and Charles II, the latter of which 
was applied for 161 years after the ori- 
ginal charter, mention no other requifites 
for admiffion than learning, kill, and pro- 
bity. Itis admitted on both fides, that 
the original charter, and aét of parliament 
which confirms it, are the fources from 
which the college derives all its power. 
Both of thefe having fpecified the only 
requifite qualifications to be, learning and 
probity, and the college having accepted 
the charter as it was granted, the Licen- 
tiates contend, that the college are bound 
to abide by the conditions. They affert, 
that the college cannot fuperadd qualifi- 
Licentiates. 
rations not mentioned inthe charter, and 
that they cannot narrow the number of 
the eligible. They affirm, that the power 
of making bye-laws is to be taken ftridtly, 
and not extended beyond the manifeft in- 
tention of the charter; and that, con- 
fequently, to confine the right of adinif- 
fion to the graduates of Oxford and Cam- 
bridge, is illegal. Theyaffert, that where 
the terms and {pirit of a charter are ex- 
plicit, there is no occafion to illuftrate or 
confirm them by ufage ; but they alfo 
prove that the principal perfons who ob- 
tained the charter and act of parliament, 
and were firft incorporated, were not 
graduates of Oxford or Cambridge, and 
that the early and long-continued ufage 
was to admit all who were competent, to 
pafs the examinations. ‘This they prove 
from the bye-laws of the college, as well 
as other unqueitionable authorities.. They 
affert, that the only pericd when the 
bye-laws which required previous gra- 
duation at Oxford or Cambridge were 
not refified, was when degrees of the 
fame rank with thofe obtained in other 
univerfities, might be purchafed at Ox- 
ford and Cambridge for a fmall fum, 
without any delay. They afhirm, that 
the judicial and recorded opinion of Lord 
Mansfield is explicitly in favour of every 
claimant for admiffion into the college, 
who poflefies the qualifications pointed 
out by the charter, and aét of parliament 
confirming it. ‘That great Judge, in the 
cafe of the Licentiates againit the college, 
faid, “* that the chief end of the incor. 
poration was to keep up the fucceflion, 
and it wasto be kept up by the admif- 
fion of fellows after examination. ‘The 
power of examining and admitting after 
examination, was not an arbitrary power, 
but a power coupled with a trujt: they were 
bound ,toadmit every perfon whom, upon 
examination, they thought 7 to be ad- 
mitted, within the defcription of the 
charter, and the act of parliament which 
confirms it. The perfor who comes with- 
in that defcription has a right to be ad- 
nitted into the fellowship: he had a 
claim to feveral exemptions, privileges, 
and advantages attendant upon admif- 
fion into the Fellowthip. And not only 
the candidate himfelf, if found fit, hada 
perfonal right ; but the pubic had alfo a 
right fo bis fervice ; and that not only as 
a phyfician, but as acenfor, as an e/eét, as 
an officer in the offices to which he would 
upon admiilion become eligible.” Found- 
ing their title then, on the exprefs terms 
of the charter, confirmed, if what is ma- 
nifeft can be confirmed, by the folemn 
ee judicial 
323 
