“We are of opinion that, in virtue of the powers they thus possessed,
the Magistrates and Town Council could at any time, during their 266
years of University rule, have done what the University Court did in
1869--grant permission to women to be educated at the University.
“On examining the records, we find that the superintendence of the
patrons was active and constant. They made, at various times during
the two centuries and a half while their jurisdiction lasted, sets
of laws and regulations for the College, which embrace all things
connected with the duties and rights of professors and students, the
series and order of studies, the days and hours of lecture, the books
to be read, the conduct of students in and out of College hours, the
modes of trial and graduation, the attendance of the professors at
their classes, attendance at church, dress to be worn by students,
fees to be paid, &c., &c. “All these regulations proceed on the
footing that only male students attended the University; many of them
were inapplicable to females, and we cannot find any trace of its
being contemplated by the patrons that females might be students. And
we do not find any evidence of a female having attended the University.
“Therefore, while we are of opinion that the Magistrates and Council
had the power to pass a regulation authorising the attendance of women
at the University, and to compel the professors to teach them, yet as
they never passed any such regulation, no women could have insisted
upon admission to University education as a legal right prior to 1869.
“The University Court, by sec. 12 (2), are now vested with all the
powers of internal management and regulation formerly possessed by
the Magistrates and Council; they have done what the latter never
did, although they lawfully might. They have, by their resolution of
November 1869, given to women the right to demand, equally with male
students, admission to the University.”
NOTE R, p. 111,
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