Unfortunately the history of the College litigations does not cease with their proceedings against unlicensed practitioners; they have also had to contend, on the defensive, with their own Licenciates, who have claimed a full participation in the rights and privileges of the Fellows:[102] we hope most earnestly that the question is now at rest, and that the cases we are about to cite may serve as beacons to avoid past errors, not as precedents for future proceedings. “It would require a volume,” says Sir _James Burrows_, vol. 4. p. 2186, “to give a full and particular detail of this long contest between the Fellows and the Licenciates; which was litigated with great spirit and eagerness between several very learned and respectable gentlemen of the faculty on both sides. It must not therefore be attempted within the compass of a collection, already perhaps too faulty in this respect[103], as being in many instances more minute and circumstantial than may appear absolutely necessary, or at all agreeable to some readers.” “The substance of it ought not however to be omitted, which was as follows.” “A rule had been obtained upon the application of Doctor _Letch_ for the College of Physicians to shew cause why a mandamus should not issue, directed to them, commanding them to admit _John Letch_, Doctor of Physic, to be a member of the College.” “This Rule was made upon the whole body of the College or Community of the Faculty of Physic of the city of London; and also on the President and Censors of the said College.” “Mr. _Yorke_ against the Rule, Sir _Fletcher Norton_ for it.” “The short state of the material facts, with respect to this mandamus, was, that Doctor _Letch_, who practised as a Man-Midwife,[104] was summoned by the College to be examined. He thereupon came in, and was examined thrice at the _comitia minora_: And after the third of these examinations, he was there balloted for ‘Whether he should be _approved of by them_ or not.’ A dispute arose upon this ballot. The majority of the number of balls _appeared_ to be for approving him: but one of the Censors declared ‘that he had by mistake put in his ball for approbation; which he meant and intended to be against approving him.’ It was proposed to ballot over again, but the President declared this to be an approbation by a majority of votes on the ballot. On Doctor _Letch_ being proposed to the _comitia majora_, nineteen to three of the members present were against putting the College Seal to his letters testimonial. And he was informed that he was not elected.” “His Counsel insisted that having been returned sufficient by the _comitia minora_, he had already acquired an inchoate right to admission, which the Court would enforce the completion of, by mandamus.”[105] For the argument and authorities vide _Rex_ v. _Askew_ _ubi supra_ and _Appendix_. “Lord _Mansfield_ in his judgment laid down the following among other rules.”