Mr. Justice _Willes_, confining himself to the subject in question, concluded, “they cannot before their admission maintain this rule.” Lord _Mansfield_ and Mr. Justice _Yates_ said they gave no opinion how it might be upon a _mandamus_. The Court were unanimous in discharging the rule. The hint thrown out by three of the Judges was followed up by the Licenciates. On Thursday, 17th Nov. 1768, Sir _F. Norton_ and Mr. _Norton_ moved the Court on behalf of Doctor _Edward Archer_, and Mr. _Walker_ on behalf of Dr. _Fothergill_, for writs of _mandamus_, to oblige the College to admit these two Licenciates, with an intention to try the question “whether the Licenciates had a right to be admitted Fellows;” and that litigation lasted till June 1771. But they only came round to the same point which had been already determined, as above; for these two gentlemen had accepted licenses _under the by-law_ of 1737, and the Court were of opinion “that they ought not afterwards to desert it, and treat it as null and void; and set up a right of admission under the Charter, upon the foundation of this very license which they had accepted _under the by-law_, upon the supposition that the by-law was a bad one.” So that the return was allowed, upon that objection to their claim. And the intended question remained unsettled. See 5 Burr. 2740, where also will be found the form of the mandamus and the return.[113] The last case on this subject is that of Doctor _Stanger_. (7 Term Rep. 282, which as the most recent decision, and for the luminous judgment of Lord _Kenyon_, we have inserted in the appendix.) This, like the cases in _Burrows_, was argued by the most celebrated lawyers of the day, Mr. Serjeant _Adair_, Mr. _Law_, (afterward Lord _Ellenborough_) Mr. _Chambre_, (afterward a Judge) Mr. _Christian_, (now Chief Justice of _Ely_) having argued in support of the rule; and Mr. _Erskine_, (afterward Chancellor) Mr. _Gibbs_, (Chief Justice C. P.) Mr. _Dampier_, (a Judge) and Mr. _Warren_, (now Chief Justice of _Chester_) against it. The rule for a _mandamus_ was discharged;[114] it may therefore now be considered as a resolved point of law, that a Doctor of Physic, who has been licensed by the College of Physicians to practise physic in _London_ and within seven miles, cannot claim as a matter of right to be examined in order to his being admitted a Fellow of the College. The College, who have power by their Charter (confirmed by Act of Parliament) to make by-laws, have made by-laws respecting the qualifications of persons to be admitted; by them it is ordained that no person shall be admitted into the class of candidates before admission into the College, unless he has taken a degree of M. D. at Oxford, Cambridge, or Dublin, except in two cases: in one of those cases the President may propose in every other year a Doctor of Physic of a certain standing, and if he be approved by the College, he may be