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
Lord KENYON, Ch. J. If in deciding this question it were necessary for
us to answer all the arguments that have been urged at the bar, I should
have desired further time to consider of the subject; but as the grounds
on which I am warranted to determine the case lie in a very narrow
compass, and I have formed my opinion upon it, I wish to put the
question at rest now. By what fatality it has happened that almost ever
since this charter was granted this learned body have been in a state of
litigation I know not; and I cannot but lament that the learned Judges
in deciding the cases reported in _Burrow_ did not confine themselves to
the points immediately before them, and dropped hints that perhaps have
invited litigation; though indeed I cannot see what these parties are
contending for that is worth the expense and anxiety attending this
litigation. The public already have the benefit of the assistance of the
licentiates; and their emoluments, the fair fruits of their education
and advice, are just the same as those that the fellows of the college
receive. We have however been pressed with the authority of those who
have preceded us here: no person can have a greater veneration for those
characters than I have, and if this point had been decided by them, I
should have thought myself bound by their decision. But the cases are
unlike. The principal ground on which it was said in 4 _Burr._ 2199.
that the bye-laws of the college were bad was, that “they interfered
with their exercising their own judgment, and prevented them from
receiving into their body persons known or thought by them to be really
fit and qualified;” and if I had found that objection existed in this
case, I should have thought it fatal: but in the very sentence in which
Lord _Mansfield_ expressed himself as above, he added “such of them
indeed as only require a proper education and a sufficient degree of
skill and qualification may be still retained.” Two universities have
been founded in this country, amply endowed and furnished with
professors in the different sciences; and I should be sorry that those
who have been educated at either of them should undervalue the benefits
of such an education.
Public-domain text, read in full here on John Shaqi.
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