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.

    53/170 (page 49)
    GJ ._Whether, in consequence, the election is void ? or, .—Mr. Hamilton Gordon duly Elected ? 1, _Impossible, as affairs are situated in Scotland, to comply with the very words of the Statute. No professorship of the Civil Law in any of the universities of Scot¬ land after the Reformation, till of very late years. Now one founded in Edinburgh and Glasgow. The question is, What is the equivalent for it ? There has been no advocate admitted since the Union, but upon a trial in Civil Law. The election at Aberdeen has followed this; but 2. —As to Mr. Catanach’s qualification, this was an apprenticeship to a procurator at Aberdeen. . About 9 days before the election obtained his Doctor's degree. As to a diploma, ’tis but an honorary degree per saltum. The college was erected by a subject, to teach the liberal Arts—philo¬ sophy, &c., not for Divinity, Law, or Physic. The conferring of degrees is inter regalia major a. The conferring it by Parliament would not make it broader than it was in itself. . „ , As it was founded to teach the liberal arts, it may confer degrees in those arts. No instance of a Doctor of Civil I^aw in the College till 1727. No degrees in Scotland in divinity but what are conferred by the Presbytery. 3d Point.—Whether election void? Where there is a jus devolutum this can’t be, wherever an incapable person is chosen. In corporate elections, if a majority vote for an unqualified person, the person voted for by the minority is elected. Mr. SOLICITOR GRANT AD IDEM. Three General Questions. 1. _Whether the appellant qualified within the statute and intention of the founder? . . 2. —Whether the respondent capable, according to the present circum¬ stances, in Scotland? 3. —Suppose the appellant not capable, and the respondent capable, what will be the consequence of voiding part of this election ? 1 s to first* The foundation of the Marischal [King’s] College m 1594 [1494.] A preference is first given to this College ; next, to the University of Aberdeen; lastly, to be of some other univeisity. _ The Electors did not examine the merits or learning of either ol the candidates. . . _ , The Sovereign may confer power of giving Degrees either in part or The Marischal College founded by the Earl of Marischal, after the Reformation, for the promotion of the Libeial Aits. . , .. . Nothing, however, of their conferring a degree m the civil law, in [till?] 1727. ^ 77 , 7 2.—Act of 1 Pari. Chas. II., c. 4., puts the new College of Aberdeen upon the same footing with the College of Edinburgh,