Still we do find curious practical relics of the privileges
of the universities. On the 19th of June 1509, a general
convocation—_congregatio generalis_—of the University of Glasgow was
held in the chapter-house of the cathedral—the now venerable University
edifices had not then been built. In that assembly solemn discussion was
held upon certain momentous matters, the first and most important of
which was a representation by the Chancellor and temporary Rector of the
University that the exclusive jurisdiction and adjudication of
causes—_jurisdictio_, _causarumque cognitio_—were falling into
desuetude, to the great prejudice of the University, and the no small
diminution of its valuable privileges. The next notice that one finds in
the _Records_ is a few years later—28th March 1522—but it is rather a
conflict between the privileges of two of the universities than between
the academic and the judicial authorities. In the general convocation of
the University, Peter Alderstoun is accused of having served a citation
from the Conservator of the Privileges (_Conservator Priviligiorum_) of
the University of St Andrews on a certain Mr Andrew Smyth—the
aristocratic spelling is older than we thought it had been in Scotland.
The breach of privilege was aggravated by its occurring in the
habitation of the Reverend David Kinghorn, Pensioner of Cross Raguel.
The bailiff, or whatever else he might be, pleaded ignorance of the
nature of the writ; but he was obliged, barehead, to seek pardon from
the injured party. We find nothing more bearing on the question of the
special university privileges, until, in the year 1670, a sudden and
singularly bold attempt appears to be made for their revival, a court of
justiciary being held by the University, and a student put on trial on a
charge of murder. The weighty matter is thus introduced:—
“Anent the indytment given in by John Cumming, wryter in Glasgow,
elected to be Procurator-Fiscal of the said University; and Andrew
Wright, cordoner in Glasgow, neirest of kin to umquhile Janet Wright,
servetrix to Patrick Wilson, younger, gairdner there, killed by the
shot of ane gun, or murdered within the said Patrick his
dwelling-house, upon the first day of August instant, against Robert
Bartoun, son lawful of John Bartoun, gairdner in the said burgh, and
student in the said University, for being guilty of the said horrible
crime upon the said umquhile Janet.”[135]
Public-domain text, read in full here on John Shaqi.
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