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.

    57/170 (page 53)
    Remarks on the decision of the House of Lords in the Case of Catanach. [Note.—In tlie following extract, the meaning of the writers is rendered difficult of apprehension, from their making use of the phrase ‘ The Validity of a Degree from Marischal College’ to signify ‘ The Authority of Marischal College to confer a Degree.’ The writers have thus involved themselves in unintentional self-contra¬ diction ; as, when after stating that “ the validity of the Degree from Marischal College was not taken into consideration” by the House of Lords, they go on to narrate that their Lordships actually held that validity in such consideration that they would not suffer the adverse party to call it in question. To bring out what we believe to be the meaning our assailants intended to express (if they could), we have put at the right hand side, paraphrases of passages where there is this or other kindred ambiguity.] “ This case has been considered sufficient to set at rest the question as to the validity of a Degree [the authority of Marischal Col- from Marischal College. lege to confer a Degree of Doctor.] Catanach, by the decision of the House of Lords, was found to be eli¬ gible;—therefore, it is said, the Degree which had been granted to him by Marischal College was really a valid one. On examining the deci¬ sion more carefully, however, it will be found that it does not in the least affect the question. “ According to the Deed of Foundation, the persons to be chosen as Professors of the Civil Law, Theology, and Medicine, must be ‘ Doc- tores ; aut licentiati cum rigore examinis. habito, si Doctores commode ' haberi non possunt, qui similiter licentiati, infra annum ad Doctoiatus gradus ascendere teneantur.,# (Evidence, &c., vol. iv. p. ) Now, in deciding on this case— the validity of the De¬ gree from Marischal College was not taken into consideration ; [the authority of Marischal College to confer a Degree of Doctor was assumed (on the ground of established usage), not discussed (on the ground of Charter and Act of Parliament); ] for, though Gordon assigned as a reason for the disqualification of’Catanach, that 'Marischal College was erected only for the « study of the liberal arts, without any foundation for the Professions 'of Divinity, Law, or Physick; therefore it never could confer 'Degrees in these Sciences,’—yet it was given and accepted by the Court as a sufficient answer, ' that Marischal College had been 'used to confer the Degree of Doctor of the Civil Law, there- ' fore its powers cannot be called in question in a suit to which the College ‘ is not a party.' The decision in favour of Catanach was given, therefore, not because he had a De- [not because Marischal _ College had, gree from Marischal College, from the first, authority ^ to confei any such Degree as Catanach’s,] but on grounds from which this plea was excepted. In the printed Reports of the Decisions of the House of Lords, the reasons for judgment are not * This, which is a summary rather than an extract, is taken from Bishop Blphin- ston’s First Charter, instead of his Second and Final Charter, which has been given in our Appendix A. H