A justification of the right of every well educated physician of fair character and mature age, residing within the jurisdiction of the College of Physicians of London, to be admitted a fellow of that corporation, if found competent, upon examination, in learning and skill : together with an account of the proceedings of those licentiates who lately attempted to establish that right; including the pleadings of the counsel, and the opinions of the judges, as taken in short-hand by Mr. Gurney / by Christopher Stanger, M. D. Gresham professor of physic, and physician to the Foundling Hospital.
- Christopher Stanger
- Date:
- 1798
Licence: Public Domain Mark
Credit: A justification of the right of every well educated physician of fair character and mature age, residing within the jurisdiction of the College of Physicians of London, to be admitted a fellow of that corporation, if found competent, upon examination, in learning and skill : together with an account of the proceedings of those licentiates who lately attempted to establish that right; including the pleadings of the counsel, and the opinions of the judges, as taken in short-hand by Mr. Gurney / by Christopher Stanger, M. D. Gresham professor of physic, and physician to the Foundling Hospital. Source: Wellcome Collection.
Provider: This material has been provided by University of Bristol Library. The original may be consulted at University of Bristol Library.
![[•474 ] are the great objefrs, and for this purpofe the appointment is, as I faid before, of prefident, ele£ls, and fupervifors. • I obferve, that how or when the fellows are to be chofen or admitted, is not fpecified any where in the charter, but it is left to the difcre- tion of the perfons named in it to provide for*, under the general power given them to perpe- tuate the corporation, and to make ftatutes and ordinances for the well governing, fupervifion, and dire£lion of the college, and all the men praftifing phyfic. The charter is, therefore, to- tally filent as to any eleftion of a fellow, and as to any examination, an examination is inciden- tal to an elcftion, and the charter being filent as to prefs words of the ftatute. See note to Lord Kenyon's fpeech, p. 454. * The terms of the charter warrant a direftly oppofite con- clnfion. The grant was to the perfons named in it, and to all other men of the fame faculty. It allowed the perfons named no difcretion with refpcft to admiffion in the firft inftarice. The charter fpecifies the qualifications for incorporation, which im- plies that no difcretion was to be exercifed, but that of afcertain- ing and determining whether candidates pofTefTed the requifitcs mentioned in an adequate degree. The flatute was prayed for, in the name of the fame perfons to whom the charter had been granted, and in the name of all other men of thefame faculty, which implies that no difcretion of limiting the admiffion of men of the faculty duly qtiallfied, had been exercifed dining the time which elapfed between the charter and a6l of parliament. Lord Mansfield was decidedly of opinion that the college had not a difc-etionary power of rejet^ting, which is fanftioncd by Lord Kenyon.](https://iiif.wellcomecollection.org/image/b21442630_0490.jp2/full/800%2C/0/default.jpg)
