into any of the other topics that have been argued, I am of opinion that these are good and reasonable bye-laws, and that we are bound to refuse the writ.
Ashhurst, J. Though this matter has taken a considerable time in the argument, it is now reduced to a narrow compass. The counsel who have argued for the issuing of the mandamus do not contend that a licentiate, as such, does ipso facto become a member or a fellow of the college: they only say that any man who is fit in learning and morals has a right to offer himself for examination, without any super-added qualification; and therefore that the bye-law requiring "that every licentiate, in order to entitle him to offer himself for examination, shall be a doctor of one of the two univerties in England or that of Dublin," is a void bye-law. It is not denied by counsel who have argued for the rule that the corporation have the right of making bye-laws for the regulation of their own body. And Lord Mansfield, on whose authority they ground themselves as in their favour, said in 4 Burr. 2199, "that such bye-laws as only require a proper education and a sufficient degree of skill and qualification may be still retained; that there can be no objection to cautions of this sort; and the rather if it be true that there are some amongst the licentiates unfit to be received into any society." This brings it then to the question, whether the bye-law now under discussion is or is not to be considered as a bye-law of regulation. It does appear to me that in order to ensure a proper education and a competence in a learning, there cannot be a more likely method than the having spent fourteen years in one of our learned universities, and, after having been examined by persons competent to the subject, having been admitted to a doctor's degree. This it should seem would prevent in limine the danger of that happening, which Lord Mansfield complains of, namely, of persons being admitted amongst the licentiates unfit to be received into that society. Indeed the Legislature so long ago as the passing of the act of the 14 and 15 Henry 8. seemed to shew their own opinion how
