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.

    27/170 (page 23)
    [Court of Session,] “4th December, 1744. £‘ The Lords having considered this petition [that is, the reclaiming petition of Catanach], with the answers made thereto, adhere to their former Interlocutor, and refuse the desire of the Bill.” f • 16.—Import of those Interlocutors. The Court of Session thus held, that a Candidate undoubtedly voted for by a majority of the Electors was not entitled to be admit¬ ted to the office: the legally elected Civilist must possess the in¬ dispensable qualification. Had the Court stopped short with the first finding (which is to the effect, that a Diploma of Doctor of Laws from Marischal University was not evidence of a Candidate’s possessing the indispensable qualification), we would have been left in ignorance which of the three following reasons, urged by Gordon, had been sustained by the Court; whether it held :— ls£, That Marischal College and University possessed no authority to grant Degrees in Civil Law ; or ^ 2nd, That, being possessed of such authority, it had not conferred the Degree in question in a proper manner; or 3d, That NEITHER Marischal College and University, NOR ANY OTHER University in Scotland, had authority to grant Degrees in Civil Law, or at least such a Degree as would now qualify a candidate for the Professorship ; an Advocate at the Bar of the Court of Session being now the only description of person possessed of the indispensable qualification. But the second finding (which was to the effect that an Advo¬ cate, admitted by their Lordships to practice at their Bar, possessed the indispensable qualification of a candidate for the Professorship, without his having any Degree of any University whatsoever) proves that the judgment rested upon the third of the fore¬ going reasons, and neither upon the first nor the second; for when the Court had come to the conclusion that no University Degree was necessary, there was no question before it, either as to the right of Marischal University to confer any Degree in Civil Law, or as to its manner of conferring such a Degree—