BUT, after hearing counsel on this writ of error, it was ORDERED and ADJUDGED, that the judgment given in the Queen’s Bench, for the President and College, or Commonalty of the faculty of Physic, _London_, against the said _Wm. Rose_, should be reversed.
The King _against_ the President and College of Physicians.
This was a rule calling on the president and College or commonalty of physic in _London_ to shew cause why a mandamus should not issue, commanding them to examine C. Stanger, M.D. as to his qualification and fitness to be admitted into the said Corporation as a member or fellow thereof.
Doctor Stanger, after referring to the above statutes (3 Hen. 8: 14 & 15 Hen. 8) and Charter, stated in his affidavit that in 1783 he took a degree of doctor of physic at _Edinburgh_ after a residence there for three years, and after having studied physic there and at other places for many years; that afterwards he went abroad to _France_, _Italy_, and _Germany_, and studied physic there for several years more. That in 1789 he obtained a licence from the college of physicians here in the usual way to practise in _London_ and within seven miles thereof, and that he has practised ever since. That in _June_ 1796 he applied to the president and college at their general meeting to be admitted by them to be a member of their corporation, submitting himself to be previously examined by them concerning his qualification and fitness to be admitted a member of the corporation, which the college refused. Dr. _Stanger_ also added in his affidavit that he was duly qualified and fit to be admitted a member of the college.