The objection was, that whereas the election ought to be by the _whole_ body, these gentlemen had been elected only by a _select_ body; namely by the Fellows, _exclusive_ of the Licenciates, who _demanded admittance_; which was refused them by the Fellows, on pretence of their having no business there, upon that occasion. After an argument on three several days, during which Sir _Fletcher Norton_, Mr. _Morton_, Mr. _Wedderburn_ (afterwards Lord _Roslyn_,)[106] Serjeant _Glynn_, Mr. _Walker_, and Mr. _Mansfield_ (afterwards Chief Justice of the Common Pleas), were heard for the Licenciates, and Mr. _Yorke_ (afterwards Lord _Chancellor_), Mr. _Dunning_ (afterwards Lord _Ashburnham_), Serjeant _Davy_, Mr. _Ashurst_ (afterwards a Judge), and Mr. _Wallace_ for the College, Lord _Mansfield_ delivered his opinion.[107] “The question now before us is singly this, Whether the persons applying for the information _are Fellows_ and _entitled to vote_ in the election of Censors. If they are, the election of these Censors, being made in _exclusion_ of their votes, is _not good_. If they are not Fellows, and have no right to vote in the election of Censors, then this election stands unimpeached.” The question is, “Whether these _Licenciates_ are Socii, or Collegæ, or Fellows,” which are synonimous terms. The facts are not disputed: and there is no doubt about the law. It has been admitted on both sides that there has been a great number of _by-laws_ and _long-usages_; and the permission of these Licenciates _to practise_ is not disputed. But I doubt whether this _permission to practise_, and these _letters testimonial_, can amount to an admission into the Fellowship of the Corporation or College. Nothing can make a man a Fellow of the College without the _Act of the College_. The power of examining, and admitting after examination, was not an arbitrary power, _but a power coupled with a trust_. They are bound to admit every person whom upon examination they think to be fit to be admitted, within the description of the Charter and the Act of Parliament which confirms it. The person who comes within that description has a _right_ to be admitted into the _Fellowship_; he has a claim to several exemptions, privileges, and advantages, attendant upon admission into the _Fellowship_; and not only the candidate himself, if found fit, has a personal right, but the _public_ has also a right to his service; and that not only as a physician, but as a censor, as an elect, as an _officer_ in the offices to which he will upon admission become eligible.[108] They have power not only by their charter, but by the law of the land, to make fit and reasonable by-laws, subject to certain qualifications. It appears from the Charter and the Act of Parliament, that the Charter had an idea of persons who might practise physic in _London_ and yet not be Fellows of the College. The President was to overlook _not only_ the College, but also “_omnes homines ejusdem