“_Opinion._--The Charter of Erection and Confirmation of the ‘College
of Edinburgh’ by King James VI., dated 14th April, 1582, granted
certain lands and revenues to the Magistrates and Town Council of
Edinburgh, with a license to employ those revenues, and such others
as well-disposed persons might bestow on them, in the erecting of
suitable buildings for the use of professors and ‘scholars’ of
grammar, humanity, and languages, philosophy, theology, medicine,
and laws, and other liberal sciences. The King, by this charter
(as interpreted by decision of the Courts), delegated to, or
conferred upon, the magistrates and Town Council the character of
patron and founder of this new seminary of education. The powers
of superintendence and control thus conferred upon the Magistrates
and Council remained with them till the Act of 1858 was passed, by
which the more important powers were transferred to the University
Court. The Magistrates and Council never conferred upon the College
any independent constitution, so as to enable the members of it to
exercise any power of internal government. As founders, patrons, and
delegates intrusted by the royal grant, the Magistrates and Council
remained in the full right of management, regulation, and tutelage of
their own institution.
“An Act of Parliament was passed in 1621 (c. 79), which may be
considered as the charter of erection of the University. It narrates
the charter of 1582, and the licence thereby given to found a College
and choose Professors, and sets forth the King’s zeal for the growth
of learning, and his purpose to grant the College all immunities
enjoyed by other colleges. The statute then confirms the erection of
the College, and ratifies all the mortifications made to the town by
the King or others towards its support. It bestows on the College
the name of ‘King James’ College,’ and grants to the Magistrates ‘in
favour of the said burgh of Edinburgh, patrons of the said College,
and of the College, and of rectors, regents, bursars, and _students_
within the same, all liberties, freedoms, immunities, and privileges
pertaining to a free College, and that in as ample a form and large
manner as any College has or bruickis within His Majesty’s realm.’
“The statute concludes with ordaining a new charter to issue, if need
be, for erecting the College, with all such privileges and immunities.
No such charter was ever issued; but the statute itself may be held
equivalent to a charter. It was a charter in favour of the Magistrates
and Council as founders and patrons, and in no way prejudiced, but on
the contrary confirmed their power of superintendence, control, and
regulation of all matters concerning the internal government of the
University.
Public-domain text, read in full here on John Shaqi.
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