Court will not take it from them in the due and proper exercise of it." The same power that authorises them to judge of fitness also authorises them to regulate the mode by which they shall judge. They think, of which they are much better judges than we can be, that every man who is to be a candidate ought either to have taken his degree at one of our universities or in Dublin, or shall be proposed by one fellow, or by the president. The bye-laws requiring this do not appear to me unreasonable or inconsistent with the character any more than requiring a particular mode of education, and in the case so often alluded to Lord Mansfield thought such bye-laws were good; for when he recommended it to the college to revise their bye-laws, he said "Such of them indeed as only required a proper education and a sufficient degree of skill and qualification may be still retained." In consequence of that opinion the college have reviewed and altered their bye-laws, requiring in some cases an education at either of our universities or at Dublin, in others permitting a nomination of persons as fit to be examined by men whom they deem worthy of such a trust, considering such degree and nomination merely as tests of the person taking it or named having skill and learning and being fit to be examined. And in making these bye-laws I think that the college have shewn a due attention to discharge their duty to the public and to attain the ends of their institution. Therefore I concur in the opinion already given that this rule ought to be discharged.
Lawrence, J. This is an application for a mandamus to compel the College of Physicians to examine Dr. Stanger in order that he may be admitted a fellow; and the foundation of the application is that he has been admitted to the practise of physic and is one of the homines facultatis within the meaning of the charter; which (it is said) gives him a right to admission, if on examination he shall be found fit; and that all the bye-laws militating against such right are illegal. His counsel have been under the necessity of insisting on the licence giving him a right to examination; for if the
