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
right they mean any thing more, I dissent from them. It is admitted by
this application that the college have a right to insist on an
examination: and upon what ground? as a test of fitness—but though this
right is not expressly given to them by the charter, nor is there a word
denoting any obligation either to admit or examine, it is incident to
their power of judging who is fit to be admitted. That Lord _Mansfield_
thought that they have such a right incidently is clear from what fell
from him in Dr. _Askew’s_ case, in which he said, “It is true that the
judgment and discretion of determining upon this skill ability learning
and sufficiency to exercise and practise this profession is trusted to
the college of physicians: and this Court will not take it from them in
the due and proper exercise of it.” The same power that authorises them
to judge of fitness also authorises them to regulate the mode by which
they shall judge. They think, of which they are much better judges than
we can be, that every man who is to be a candidate ought either to have
taken his degree at one of our universities or in Dublin, or shall be
proposed by one fellow, or by the president. The bye-laws requiring this
do not appear to me unreasonable or inconsistent with the character any
more than requiring a particular mode of education, and in the case so
often alluded to Lord _Mansfield_ thought such bye-laws were good; for
when he recommended it to the college to revise their bye-laws, he said
“Such of them indeed as only required a proper education and a
sufficient degree of skill and qualification may be still retained.” In
consequence of that opinion the college have reviewed and altered their
bye-laws, requiring in some cases an education at either of our
universities or at _Dublin_, in others permitting a nomination of
persons as fit to be examined by men whom they deem worthy of such a
trust, considering such degree and nomination merely as tests of the
person taking it or named having skill and learning and being fit to be
examined. And in making these bye-laws I think that the college have
shewn a due attention to discharge their duty to the public and to
attain the ends of their institution. Therefore I concur in the opinion
already given that this rule ought to be discharged.
Public-domain text, read in full here on John Shaqi.
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