12
consideration had of the charter; or legal advice taken in framing them." In the foregoing opinion of lord Mansfield, his brother, Mr. Justice Aston, entirely coincided.
In 1768, lord Mansfield again reminded the College of their duty, and added: "The College will now consider whether they will trust to a return upon these by-laws, or mend them." And in 1771 he again censured the by-laws, repeating his question, "whether they (the fellows of the College) would think it advisable to trust to a return upon their present by-laws; or whether they would not consider about mending them?"
In consequence of lord Mansfield's recommendation a by-law was made, by which the president of the College was empowered, if he chose, to recommend annually "two licentiates, of ten years' standing," to be elected by a majority into the fellowship. Afterwards this privilege of the president was narrowed, first, to proposing one licentiate annually; and, subsequently, to proposing one licentiate biennially. And about the same time another by-law was made, by which any fellow of the College might propose a licentiate " of seven years' standing, who had completed his 36th year," to be examined for admission to the fellowship.
It is not necessary to describe the operation of these new by-laws further than to say, that between 1771 and 1798, the president exercised his privilege exceedingly rarely; and the proposals by individual fellows issued in disappointments so unexpected, as to induce the
