Notes on the foundation and history of Marischal College / [W. Martin ].

  • Willy Martin
Date:
[1849?]
Catalogue details

Licence: Public Domain Mark

Credit: Notes on the foundation and history of Marischal College / [W. Martin ]. Source: Wellcome Collection.

    26/170 (page 22)
    Bringing all these modifications together into one brief propo¬ sition, what Gordon finally maintained in the Court of Session, and persisted in before the House of Lords, in regard to the indispensable qualification, was : — That an Advocate at the Bar of the Court of Ses¬ sion now superseded the University Doctor in Civil Law in Scotland, where NO University could now confer such a Degree in Civil Law as would qualify the Graduate to be a Candidate for the Founder s Professorship in Civil Law. CATANACH, besides contesting this proposition of Gordon’s, and its various modifications, maintained from the beginning of the cause in the Court of Session to the end of it in the House of Lords:— That, if the indispensable qualification is in force at all, no Court of Law had a right to depart from the Founder’s plain meaning, as expressed in liis Charter. GORDON maintained, finally :— That he, as the only qualified candidate voted for, must be held to be not only duly qualified, but duly elected. The following are the two Interlocutors of the Court of Session appealed against by Catanach. 15.—Interlocutors of the Court of Session, [Court of Session,] “20th July, 1744. “ Upon the report of the Lord Kilkerran, Ordinary, the Lords “ Find : (1.). “That James Catanach, Advocate of Aberdeen, was “ NOT DDL'S QUALIFIED TO BE ELECTED aS ProfeSSOr of Civil “Law in the King’s College of Old Aberdeen; and find (2.) “ That Mr. Charles Hamilton Gordon was duly “qualified to be elected into the said office; and find (3.) “That the said Mr. Charles Hamilton Gordon was “ duly elected, and prefer him to the said office; and “decern and declare accordingly.”