Difference between revisions of "Foundation of Faculty of Law, 1707"

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The creation of a Regius Professorship of Public Law in 1707 led to the creation of the [[Faculty of Law]].  
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The creation of a Regius Professorship of [[Public Law]] in 1707 led to the creation of the [[Faculty of Law]].  
  
Some controversy surrounds the creation of the Regius Professorship. It resulted from a sign-manual issued by [[Queen Anne]], which amended the terms of an annual grant of £300 awarded by her predecessor William III. The grant had hitherto funded twenty bursaries in theology to supply ministers for the many vacancies in the Church of Scotland following the 'Glorious Revolution' of 1688. Anne's sign-manual stated that this purpose had now been met, and that it would be of greater public benefit to employ £150 from the grant to endow a chair of 'Public Law and the Law of Nature and Nations'. The number of theology bursaries was reduce to five, and Charles Erskine was appointed to the newly created Chair.  
+
Some controversy surrounds the creation of the Regius Professorship. It resulted from a sign-manual issued by [[Queen Anne]], which amended the terms of an annual grant of £300 awarded by her predecessor William III. The grant had hitherto funded twenty bursaries in theology to supply ministers for the many vacancies in the Church of Scotland following the 'Glorious Revolution' of 1688. Anne's sign-manual stated that this purpose had now been met, and that it would be of greater public benefit to employ £150 from the grant to endow a chair of 'Public Law and the Law of Nature and Nations'. The number of theology bursaries was reduced to five, and [[Charles Erskine, 1680-1763]] was appointed to the newly created Chair.  
  
This document stated that His late Majesty's pious
+
For some of the University's historians, such as [[Andrew Dalzel (1742-1806)]] and Roger L. Emerson, the creation of the Professorship was essentially a cynical means of creating a sinecure for Charles Erskine who enjoyed much influence at Court. Dalzel points to the protest raised by the [[Town Council]] of Edinburgh and to the fact that Erskine was immediately granted leave of absence to pursue his studies abroad and did not commence teaching until 1711. Another historian [[Sir Alexander Grant (1826-1884)]] is more inclined to believe that the Chair was a deliberate first step towards the creation of a law faculty. He argues that it was consistent with the programme of reforms initiated by Principal [[William Carstares (1649-1715)]] which aimed to remodel Edinburgh University along European lines. These reforms would lead in 1708 to the [[End of Regenting System, 1708|abolition of the regenting system]] and the [[Foundation of Faculty of Arts, 1708|creation of the Faculty of Arts]]. Grant notes too the growing desire for a Scottish law school which would prevent the need for Scots to study abroad at centres such as Leiden, Groningen, Utrecht, or Halle if they wished to practise law. There was certainly a strong argument for instituting a chair in a discipline that was popular among Scottish students, but which they had hitherto been forced to go abroad to study.
intention in founding twenty Bursaries in Theology
 
had been to provide qualified Ministers for the many
 
vacancies in the Scottish Kirk after the Revolution
 
Settlement ; — but that this end was already fulfilled,
 
" most of the Kirks being now being supplied with
 
learned and pious Ministers ; whereby, it now
 
becomes of more use and benefit to our ancient king-
 
dom to establish and settle a foundation for a Pro-  
 
fessor of the Public Law and the Law of Nature and
 
Nations." To this Chair ^150 a year was allotted
 
as an endowment, and to provide that amount the  
 
Divinity Bursars were reduced to five in number. 1
 
Charles Areskine, " Professor of Philosophy in the  
 
College of Edinburgh " (z.e. one of the four Regents),
 
was appointed the first Professor of Public Law. A
 
certain amount of mystery hangs over the creation  
 
of the Chair ; it was either, as some have suggested,
 
a job, Areskines influence at Court enabling him to
 
obtain the diversion of Bursaries in order to create
 
for his benefit a Professorship, which for a long time
 
was of little or no use ; or, on the other hand, it
 
may have been a measure suggested or approved by
 
Carstares for providing a scientific and philosophical
 
basis for a future Faculty of Laws, in imitation,  
 
  
1 The Town Council protested against this alteration, but without
+
The Faculty of Law was indubitably constituted by 1710, when [[James Craig (1672-1732)]] was appointed to the newly created Chair of [[Civil Law]]. This was elevated to a Regius Professorship of Civil and Canon Law in 1715.
avail. Dalzel (p. 294) denounces it as "a scandalous job, which
 
ought not to have been consented to by Her Majesty's ministers, and
 
which was resisted by the patrons, and the Principal, and Professors
 
of the University." The patrons certainly resisted it, but there is no
 
trace of Carstares, or any of the Professors, having done so.  
 
  
 +
== Other Key Events of Carstares's Principalship ==
  
 +
*[[Seizure of College Records by Town Council, 1704]]
 +
*[[End of Regenting System, 1708]]
 +
*[[Foundation of Faculty of Arts, 1708]]
  
1707] CHAIR OF PUBLIC LAW CREATED. 233
+
== Sources ==
  
perhaps, of the Dutch Universities. Whichever
+
*[[Alexander Bower (fl. 1804-1830)|Alexander Bower]], ''The History of the University of Edinburgh''. 3 vols. Edinburgh, 1817-1830.
was the case, 1 the Chair^afLEublic Law formed a
+
*[[Andrew Dalzel]], ''History of the University of Edinburgh from its Foundation'', 2 vols (Edinburgh: Edmonston and Douglas, 1862)
new feature in the College of Edinburgh (though its
+
*Roger L. Emerson, ''Academic Patronage in the Scottish Enlightenment: Glasgow, Edinburgh and St Andrews Universities'' (Edinburgh: Edinburgh University Press, 2008)
possessor was for most of his time residing abroad,  
+
*[[Sir Alexander Grant]], ''The Story of the University of Edinburgh during its First Three Hundred Years'', 2 vols (London: Longmans, Green, and Co., 1884)
instead of lecturing to a class), and it was the last
+
[[Category:Events|Foundation of Faculty of Law, 1707]][[Category:Incomplete|Foundation of Faculty of Law, 1707]]
addition made to the^ establishment before the new
 
start taken in 1 708. The staff then had grown to )
 
be as follows : Principal, who was also nominally
 
Professor of Theology; Professors of Divinity,
 
Hebrew, and Church History ; a Professor of Public
 
Law ; a Professor of Mathematics ; four Regents of
 
Philosophy ; and a Regent of Humanity,  
 
 
 
As the College grew in its teaching powers and  
 
in importance, questions as to its constitution and
 
government under the vague terms of King James
 
VI.'s charter naturally arose. The Town Council
 
having, as we have seen, declared it, by an Act of
 
1685, to have been created as a University from the  
 
 
 
1 A curious fact relating to this matter may be here men-
 
tioned, namely, that there is in the University Library a book
 
entitled Hugonis Grotii De Jure Belli ac Pacts Librorum III. Com-
 
pendium, Annotationibus et Commentariis SelecHs illustratutn. In
 
usum studiosa Juventutis Academic* Edinensis. Edinburgi, A.D.
 
MDCCVII. It is by William Scott, one of the Regents at that time ; it is
 
dedicated to the Lord Provost and Town Council, and on the title
 
page is written Liber Bibliotheca Edinensis ex dono Authoris, 410
 
Aprilis 17&J. In a Latin preface Scott tells us that the book had
 
been printed for the use of a private class to whom he had previously
 
dictated its contents as a preparation for wider studies, and he gives
 
in full his opening address, delivered in his private class-room (in
 
auditorio privatd), on the study of Grotius. This shows that there
 
was some little demand among the Students of the College for lectures
 
on the Law of Nature and Nations. It is possible that Carstares may
 
have suggested the delivery of these lectures as a first step towards
 
the foundation of a Chair. But under the circumstances it is remark-
 
able that the Chair, when founded, should have been given to Areskine
 
and not to Scott
 
 
 
The Faculty was further established during the first quarter of the eighteenth century. Previous to this, many scholars intent on training in law had chosen to go to known centres of learning such as Utrecht, Leyden, Groningen or Halle.
 

Latest revision as of 13:18, 13 July 2015

The creation of a Regius Professorship of Public Law in 1707 led to the creation of the Faculty of Law.

Some controversy surrounds the creation of the Regius Professorship. It resulted from a sign-manual issued by Queen Anne, which amended the terms of an annual grant of £300 awarded by her predecessor William III. The grant had hitherto funded twenty bursaries in theology to supply ministers for the many vacancies in the Church of Scotland following the 'Glorious Revolution' of 1688. Anne's sign-manual stated that this purpose had now been met, and that it would be of greater public benefit to employ £150 from the grant to endow a chair of 'Public Law and the Law of Nature and Nations'. The number of theology bursaries was reduced to five, and Charles Erskine, 1680-1763 was appointed to the newly created Chair.

For some of the University's historians, such as Andrew Dalzel (1742-1806) and Roger L. Emerson, the creation of the Professorship was essentially a cynical means of creating a sinecure for Charles Erskine who enjoyed much influence at Court. Dalzel points to the protest raised by the Town Council of Edinburgh and to the fact that Erskine was immediately granted leave of absence to pursue his studies abroad and did not commence teaching until 1711. Another historian Sir Alexander Grant (1826-1884) is more inclined to believe that the Chair was a deliberate first step towards the creation of a law faculty. He argues that it was consistent with the programme of reforms initiated by Principal William Carstares (1649-1715) which aimed to remodel Edinburgh University along European lines. These reforms would lead in 1708 to the abolition of the regenting system and the creation of the Faculty of Arts. Grant notes too the growing desire for a Scottish law school which would prevent the need for Scots to study abroad at centres such as Leiden, Groningen, Utrecht, or Halle if they wished to practise law. There was certainly a strong argument for instituting a chair in a discipline that was popular among Scottish students, but which they had hitherto been forced to go abroad to study.

The Faculty of Law was indubitably constituted by 1710, when James Craig (1672-1732) was appointed to the newly created Chair of Civil Law. This was elevated to a Regius Professorship of Civil and Canon Law in 1715.

Other Key Events of Carstares's Principalship

Sources

  • Alexander Bower, The History of the University of Edinburgh. 3 vols. Edinburgh, 1817-1830.
  • Andrew Dalzel, History of the University of Edinburgh from its Foundation, 2 vols (Edinburgh: Edmonston and Douglas, 1862)
  • Roger L. Emerson, Academic Patronage in the Scottish Enlightenment: Glasgow, Edinburgh and St Andrews Universities (Edinburgh: Edinburgh University Press, 2008)
  • Sir Alexander Grant, The Story of the University of Edinburgh during its First Three Hundred Years, 2 vols (London: Longmans, Green, and Co., 1884)