Such subsequent Charters would not however annul the original Letters Patent. “A new Charter doth not merge or extinguish any of the ancient privileges of the old Charter. And if an ancient corporation is incorporated by a new name, yet their new body shall enjoy all the privileges that the old corporation had.” _Raym._ 439: 4 _Rep._ 37. For other points as to renewed or substituted Charters, see _The King v. Amery and Monk_, by information in the nature of a _quo warranto_, 1 T.R. 575. _Newling against Francis_ (the election of Mayor of Cambridge) 3 T. R. 189. _The King against Miller_, 6 T. R. 268. And more particularly _Rex v. the Vice-Chancellor &c. of Cambridge_, 3 _Burr._ 1656. “A Corporation already existing are not obliged to accept the new Charter in toto, and to receive either all or none of it. They may act partly under it and partly under their old Charter or Prescription. Whatever might be the notion in former times, it is now most certain, that the Corporations of the Universities are Lay-Corporations; and that the Crown cannot take away from them any rights that have been formerly subsisting in them under old Charters or prescriptive usage.” Footnote 73: An alien cannot now be a Fellow of the College, and there is good reason for this, as he may have judicial authority when elected to serve as Censor, &c. By 9 _J._ 1. _c._ 5. _s._ 8. no Popish Recusant shall practice Law or Physic, or exercise any public office, or the trade of an Apothecary; but this Act is in part repealed by 31 _Geo._ 3. _c._ 32. There is also a considerable distinction in law between a person who is merely a Papist and one who is a Recusant. Footnote 74: It is true that the College has no means of punishing the disobedient in the country, because the Statute is not supported by penalties; but it must be remembered that the acting in defiance of a Statute is in itself a misdemeanour. According to the opinion of Chief Justice _Mansfield_, a Doctor’s Diploma does not itself entitle the possessor to practise in the country parts (provinces) of England. He must be an Extra-Licentiate of the Royal College of Physicians, or Medical Graduate of an English University. The provincial physician, unless thus protected, is placed under very humiliating circumstances; he is only a doctor by _courtesy_, and therefore cannot claim rank, or defend himself in courts of law. In a cause tried at Stafford before Judge _Mansfield_, a physician who had graduated in Scotland, having been grossly abused in his professional capacity, sued for redress, but could obtain none, because he had not complied with the act of _Henry_ the 8th. _Middleton v. Hughes. See Harrison’s Address._ 62. Footnote 75: