as a matter of right but only by election. In making such elections there is a trust and duty to keep up the body by a choice of learned men sufficient to answer the purposes of the charter; and if this be done all the interest that the public have is consulted; they have no interest in this or that man being a member of the college: so long as the body is continued and there are proper censors elects and other officers, and so long as proper persons are licensed and improper ones restrained, the objects of the charter as far as concerns the public will be attained. We have been pressed however with the dicta of Lord Mansfield in R. v. Dr. Askew; very great deference is always due to whatever fell from him: but it sufficient to say that this was not the point then before the Court, the only question there being whether licentiates were of the body.
On the other question respecting the validity of the bye-laws, I can hardly add to what has already been said by the Court; and therefore shall only say that I agree with them in thinking the bye-laws reasonable.
Rule discharged[1].
- ↑ Dr. Stanger had before made an unsuccessful application to this
Court. He had obtained a rule calling on the president and fellows of
the college to shew cause why a mandamus should not issue "commanding
them to admit him to examination for admission into the class
or order of candidates for election into the society or fellowship of the
said college." But as Dr. Stanger had presented himself to the comitia
minora to be examined, which court is constituted by one of the bye-laws
with power only to examine candidates of a certain description
within which Dr. Stanger did not come, this Court in Easter term 1796
discharged the rule for the mandamus; saying that it did not appear
that Dr. Stanger had a right to be examined by the comitia minora; but
that if he had any title as being one of the homines facultatis under the
charter, he should apply to the body at large. The Court also intimated
at that time a strong opinion that the bye-laws were reasonable and
valid.
