Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
by the major part of the fellows then present, he may be proposed at the
next _comitia majora_ to be a fellow, and admitted if the majority of
the fellows then present consent. The ordinary greater meetings
(_comitia majora_) are holden four times a year, and consist of the
president or vice-president and ten fellows at the least. The ordinary
lesser meetings (_comitia minora_) consisting of the president or
vice-president registar and censors of the college, are holden once a
month. A letter was also inserted in the affidavits written by King
_Charles_ the Second to the college not to admit any person who had not
had his education in either of our universities of _Oxford_ or
_Cambridge_: but it was admitted in the argument that no notice could
legally be taken of this letter. It was also stated in the affidavits
that Dr. _Stanger_, when he was licensed; gave his faith or promise to
the college that he would observe the statutes of the college &c. in the
usual mode.
_Adair Serjt. Law_, _Chambre_, and _Christian_, argued in support of the
rule; and
_Erskine_, _Gibbs_, _Dampier_, and _Warren_, against it.
The case was argued very much at length on three several days: but it is
unnecessary to give a detail of the arguments, as the Court in giving
their opinions went into them. The points insisted upon by the counsel
in support of the rule were these; 1st. That under the general words of
the charter “_omnes homines ejusdem facultatis_” &c. Dr. _Stanger_, who
came within that description by his license, had an inchoate right,
which authorised him to tender himself to the college for examination in
order that he might be admitted, if on examination the president and
college thought him qualified; though they admitted that the president
and college were the sole judges of his fitness. And they referred to
the several dicta of Lord _Mansfield_ and _Aston_ J. in _R._ v. Dr.
_Askew_ and others, 4 _Burr._ 2169; 2202; 2193; 2202. Secondly, That the
bye-laws requiring an education at either of our universities or at
_Dublin_ were illegal and void, on grounds of public policy, and also on
the ground that they superadded a qualification not required by the
Charter, 4 _Burr._ 2198, 9; 2203, 4; and that it narrowed the number of
the eligible; _R._ v. _Spencer_, 3 _Burr._ 1827; and _R._ v. _Cutbush_,
4 _Burr._ 2204.
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