facultatis_.” So when the College or Corporation were to make by-laws, these by-laws were to relate _not only_ to the Fellows, but to _all others_ practising physic within _London_ or seven miles of it. Then let us see how the usage was. In 1555 they must have had a probationary license before admission into the College. Afterwards it was to be a probation for four years before admission. The College might grant such probationary licenses, with some reason, and agreeably to their Institution. This shews that some licenses were granted to persons not Fellows of the College. The 3 H. 8 takes away all former privileges.[109] In 1561, a _partial_ license was granted to an occulist. A person may be fit to practise in _one_ branch who is _not_ fit to practise in _another_. Licenses have also been granted to _women_.[110] _Partial_ licenses have been given for above 200 years.[111] In 1581 notice is taken of _three classes_: Fellows, Candidates, and Licenciates. The licenses probably took their rise from that illegal by-law (now at an end) which restrained the number of Fellows to twenty. This being premised, let us inquire “Who these gentlemen are that are now applying to the Court.” They are persons who set up a title directly contrary to the _sense_ in which their license is given _to_ them and received by them. They cannot avail themselves of their instruments in this way: it would be a _cheat_ upon the College. And they have acquiesced many years under this license given them by the College, as merely a license to practise. But even supposing them to have a right to be Fellows, yet, as it is clear that the license does not make them _ipso facto_ Fellows, they could not vote _in the election_ of Censors _before their_ admission to the Fellowship; and therefore the exclusion of their votes cannot impeach this election. I am of opinion “that this rule ought to be discharged.” His Lordship (but this was _obiter_) then made some comment on the statutes and by-laws of the College; and recommended their revisal under the best advice, saying, “I see a source of great dispute and litigation in them as they now stand.”[112] Mr. Justice _Yates_ concurred with the Chief, as did Mr. Justice _Aston_ on some points; but upon the construction of the Charter and Act of Parliament, he thought that in grants of this kind, the construction ought to be made in a _liberal_ manner; and this grant includes “_Omnes homines ejusdem facultatis de et in civitate prædictâ_,” and the application to Parliament for the Act of 14 and 15 H. 8. to confirm the Charter is made by the six persons particularly named in it, “_and all other men of the same faculty_ within the City of London and seven miles about.” It seemed to him that the idea was “that all persons duly qualified, who took testimonials under the College seal, were to be of the community.” He should, however, give no opinion, he said, how it might turn out upon a _mandamus_.