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.

    32/170 (page 28)
    (where its power to confer Degrees was admitted on all hands), it had, in the very words of our assailants in King’s College and University, “ the power of conferring Degrees in Divinity, Laws, and Medicine ?” Gordon, in his first printed paper, has a long section of discussion, prefaced by the following observations: — “As Mr. Catanach’s plea to become a Professor of the Civil Law in this University [King’s College] does singly depend on the validity of that Diploma which he mendicated in manner above mentioned from the Marischal College of Aberdeen, it is ma¬ terial to be enquired—What powers or authority this Marischal College are vested with, that should entitle them to confer the Degree of Doctor or Licentiate, in any of the Faculties of Theolo¬ gy, Law, or Physic?”* In the form that the question came before the House of Lords, there was no difference made between the Faculty of Laws and the Faculties of Divinity and Medicine, except that the right to confer Degrees was represented, as having been more recently brought into exercise, and as being in itself more questionable, in the case of the Faculty of Laws, than in the case of those other two Faculties. 20.— Grounds of the Judgment. According to the most careful inquiries we have been able to make, f it would seem that no Notes of the grounds of the judgment ever were prepared by Lord Chancellor Hardwicke ; certainly, at least, no such Notes by him are to be found among the documents or in the place where they were to be expected, if he had prepared any. But so simple and clear is the formal decision of the House of Lords, as to require no reasons beyond those that are apparent on the face of the document. The substantial point in the decision is the Order of the House, that the Appellant Catanach be preferred to the office of Professor of Civil Law in King’s College; and the twofold reason given for this order is the Judgment that the Appel¬ lant James Catanach was duly qualified to he elected, and was duly elected; that is to say, (1) was duly qualified upon the only ground that his Counsel at the Par of the House pretended that Catanach was qualified, namely, in virtue of his holding a Degree of Doctor of * Page 11 of No. II. in Appendix B. f See Appendix D.