Difference between revisions of "Seizure of College Records by Town Council, 1704"

Revision as of 15:31, 22 July 2014

Attempt by staff of Edinburgh University to assert their right to self-government led to the seizure of the University's records by the Town Council of Edinburgh.

In the interval between the death of Gilbert Rule (c1629-1701) and the appointment of a new Principal in William Carstares (1649-1715), the Regents and Professors of Edinburgh University took a number of steps which challenged the Town Council's authority over University matters. Firstly, they issued a protest against the requirement that they consult with the Town Council when electing Edinburgh University's Commissioner to the General Assembly of the Church Scotland. Secondly, at a meeting of 20 January 1703, at which they styled themselves the 'Faculty of Philosophy', they resolved that the current 'magistrand' class would graduate privately rather than publicly as was usually the case. In order to justify their proceedings, the 'Faculty' evoked 'their undoubted right contained in the charter of erection, and their constant and uninterrupted custom in such cases'. Any such right was highly questionable, and it would have been normal procedure to request permission from the Town council, who had historically taken considerable interest in graduations as a public function.

Sir Alexander Grant (1826-1884), the University's most authoritative historian, interprets this move as a deliberate challenge to the Town Council, and the Council certainly treated it as such. The immediate result was a visitation of the University by Lord Provost, Magistrates, and Council on 15 February 1703 which forced the University to back down on both matters. The Town Council issued an order requiring that the 'magistrand' class graduate publicly. On 12 May, however, they acceded to a petition that they be permitted to graduate privately after all, as so many of the class had already left Edinburgh at the end of the session. They nonetheless expressed their displeasure at learning that as many as fourteen of the class had privately graduated before the petition, and expressly forbade any such conduct in future.

Over the coming months, the Town Council asserted their authority on a number of other matters, ordering, for example on 12 May that all diplomas of graduation have the Town's Seal appended to them and make honourable mention of the Town Council as patrons. Finally in 1704, they ordered the College Records be seized on the grounds that they contained numerous inaccuracies and used the term 'Faculty' in a manner implying that the university was a self-governing body. William Carstares, the recently appointed Principal, was told that the Records would be returned once they had been corrected, but they remained in the Council's hands.

Under the Principalship of Carstares, harmonious relations between the University and the Town Council were gradually restored. The eighteenth century was largely a period of fruitful collaboration between the two bodies, particularly during George Drummond's six terms of office as Lord Provost of Edinburgh between 1725 and 1764. Conflict would break out again in the first half of the nineteenth century, until the Universities (Scotland) Act 1858 granted Edinburgh University full control of its own affairs.

Difference between revisions of "Seizure of College Records by Town Council, 1704"

Revision as of 15:31, 22 July 2014

Navigation menu

Search

@@ Line 1: / Line 1: @@
-An attempt by staff of Edinburgh University to assert their right to self-government led to the seizure of the University's records by the Town Council of Edinburgh.
+Attempt by staff of Edinburgh University to assert their right to self-government led to the seizure of the University's records by the Town Council of Edinburgh.
-On 20 January 1703, a meeting of the Regents and Professors of Edinburgh University, styling themselves the 'Faculty of Philosophy', resolved that the current 'magistrand' class would graduate privately rather than publicly as was usually the case. In order to justify their proceedings, the 'Faculty' evoked 'their undoubted right contained in the charter
+In the interval between the death of [[Gilbert Rule (c1629-1701)]] and the appointment of a new [[Principal]] in [[William Carstares (1649-1715)]], the Regents and Professors of Edinburgh University took a number of steps which challenged the Town Council's authority over University matters. Firstly, they issued a protest against the requirement that they consult with the Town Council when electing Edinburgh University's Commissioner to the General Assembly of the Church Scotland. Secondly, at a meeting of 20 January 1703, at which they styled themselves the 'Faculty of Philosophy', they resolved that the current 'magistrand' class would graduate privately rather than publicly as was usually the case. In order to justify their proceedings, the 'Faculty' evoked 'their undoubted right contained in the charter of erection, and their constant and uninterrupted custom in such cases'. Any such right was highly questionable, and it would have been normal procedure to request permission from the Town council, who had historically taken considerable interest in graduations as a public function.
-of erection, and their constant and uninterrupted custom in such cases'. Such a right was highly questionable, and it would have been normal procedure to request permission from the Town council, who had historically taken considerable interest in graduations as a public function.
-[[Sir Alexander Grant (1826-1884)]], the University's most authoritative historian,interprets this move as a deliberate challenge to the authority of the Town Council, and the Council certainly treated it as such. The Lord Provost, Sir Hugh Cunningham, announced a visitation of the College, to be held
+[[Sir Alexander Grant (1826-1884)]], the University's most authoritative historian, interprets this move as a deliberate challenge to  the Town Council, and the Council certainly treated it as such. The immediate result was a visitation of the University by Lord Provost, Magistrates, and Council on 15 February 1703 which forced the University to back down on both matters. The Town Council issued an order requiring that the 'magistrand' class graduate publicly. On 12 May, however, they acceded to a petition that they be permitted to graduate privately after all, as so many of the class had already left Edinburgh at the end of the session. They nonetheless expressed their displeasure at learning that as many as fourteen of the class had privately graduated before the petition, and expressly forbade any such conduct in future.
-on the 15th February 1703. On which day there
-were assembled in the Library the Lord Provost,
-Magistrates, and Council, bringing with them two
+Over the coming months, the Town Council asserted their authority on a number of other matters, ordering, for example on 12 May that all diplomas of graduation have the Town's Seal appended to them and make honourable mention of the
+Town Council as patrons. Finally in 1704, they ordered the College Records be seized on the grounds that they contained numerous inaccuracies and used the term 'Faculty' in a manner implying that the university was a self-governing body. William Carstares, the recently appointed Principal, was told that the Records would be returned once they had been corrected, but they remained in the Council's hands.
+Under the Principalship of Carstares, harmonious relations between the University and the Town Council were gradually restored. The eighteenth century was largely a period of fruitful collaboration between the two bodies, particularly during [[George Drummond (1688-1766)|George Drummond]]'s six terms of office as Lord Provost of Edinburgh between 1725 and 1764. Conflict would break out again in the first half of the nineteenth century, until the Universities (Scotland) Act 1858 granted Edinburgh University full control of its own affairs.
-.] THE VISITATION OF THE COLLEGE. 241
-Assessors ; namely, Sir James Stewart, Lord Advo-
-cate and a veteran in statesmanship, and Sir Gilbert
-Elliot, afterwards a Lord of Session and First Lord
-Minto; and eight Ministers of the City. The
-"Masters of the College" were called in, when
-there appeared the six persons above mentioned
-as forming the sederunt of "the Faculty," and in
-addition to them the Professors of Divinity, Hebrew,
-and Ecclesiastical History. It is observable that
-the Professors of Botany and Practice of Physic
-do not seem to have been reckoned among the
-"Masters."
-The Lord Provost ordered the Laws given by
-the Council of Edinburgh, 1628, to be read, and
-especially the acts concerning Visitation, 1628 and
-. He then said that he had seen "an unwar-
-rantable Act of the Masters of the College, viz. the
-Professors of Philosophy, Humanity, Mathematics,
-and Church History, in which they asserted them-
-selves a Faculty empowered by a charter of erection,
-etc. ; " and "desired the pretended Act to be read."
-The Lord Advocate (having previously con-
-ferred with the Regents and Professors) here
-mediated, and asked that the reading of the Act
-should be deferred, as the Masters were willing to
-pass from the Act, and to withdraw the protest
-they had previously made anent the electing of a
-Commissioner from the College to the General
-Assembly. 1 And his Lordship offered "to wait
-The practice had been for the College to elect their Member of
-Assembly in conjunction with the Town Council. Principal Rule,
-VOL. I. R
-THE STORY OF THE UNIVERSITY. [1703.
-upon any Committee of the Council, and make such
-overtures as might regulate such matters in time
-coming, to the honour of the Council, as patrons,
-and advantage of the Masters, with their due
-dependence upon the Council." The Masters were
-then interrogated individually if they agreed to the
-overture of the Lord Advocate, and they each
-severally gave their consent. The Meeting then
-terminated ; the Lord Advocate agreeing to draw
-up a statement of the proceedings.
-The patrons, to assert their authority, passed an
-order that Mr. Scott's class should be publicly
-graduated on the first Tuesday of May, but this
-order was not obeyed. On the 12th May Mr. Scott
-petitioned the Council, alleging that many of his
-class had dispersed into the country, and that "other
-insuperable difficulties falling in the way of a public
-graduation in this juncture, the same could not be
-performed, and craving therefore the Council to
-allow the said class to be graduated privately, pro
-hoc vice. 7 ' To this petition the Council assented.
-But the Regents had in the meantime very much
-taken the matter into their own hands ; for as many
-as fourteen of the class had been already privately
-however, always conformed with this practice under reservation that
-compliance with it should not be interpreted as a giving up by the
-College of its right to elect its own representative. In the interval
-between the death of Principal Rule and the appointment of Principal
-Carstares, the Regents being in their aggressive mood, one of them
-entered a protest against the Town Council's interfering in the election
-by the College of a Member of Assembly. And to this protest all the
-Regents and Professors, except one, subscribed their names. This
-was treated as an act of insubordination by the Town Council.
-.] THE VISITATION OF THE COLLEGE. 243
-graduated, which the Town Council commented on,
-" expressly inhibiting " such conduct for the future.
-This little conflict had been wholly unnecessary,
-for it is evident that private graduation would have
-been at once agreed to, if civilly asked for. And
-the result of the whole matter was to put back the
-growth of the independence of the College for some
-time to come. The Regents should never have
-raised a legal issue; but, as it was, the Lord
-Advocate, a man of great ability and experience, and
-very well disposed to the College, was called in to
-pronounce upon the legal aspect of the question,
-and he, after interposing so as to prevent any un-
-seemly rupture between the parties, drew up a minute
-of the Act of Visitation, in which, after citing the
-charter of James VI., he laid it down that " con-
-formably thereto, and ever since the erecting of the
-said College, the Magistrates and Council have had
-and exercised the only and full government of the
-said College." There was nothing more to be said
-on the subject ; the " undoubted right " of the Regents
-"contained in the charter of erection," and their
-" constant and uninterrupted custom in such cases,"
-vanished to the winds. Thus, at the beginning of
-the eighteenth century, the absolute powers of the
-Town Council over the College were declared by
-legal authority. And not only was this the case, but
-also what had occurred naturally stirred up a spirit
-of governing activity in the Town Council. On the
-d May 1 703, when Carstares came to be installed
-as Principal, he was presented by the Lord Provost
-THE STORY OF THE UNIVERSITY. [1703.
-with a fresh set of rules drawn up in Latin for his
-guidance. Carstares was too old a statesman either
-to quarrel with the patrons, or to suffer any deroga-
-tion from the rights of his position. So with suavity
-he addressed Sir Hugh Cunningham : "You maybe
-sure, my Lord, that I would have called for any rule
-that may concern my post from the Keeper of the
-Library, but I shall read the paper which your
-Lordship hath given me; yet, my Lord, I cannot
-but tell your Lordship and the other worthy magis-
-trates of the city that are here present, that I look
-upon myself as coming into this post upon no other
-terms than what my predecessors did ; and that, as
-to my part, all affairs relating to this College remain
-entire." Gradually Carstares acquired a great deal
-of influence with the Town Council ; and, had he
-been there a few months earlier to guide his Regents,
-he would probably have restrained them from their
-mistaken course of action.
-The results of this continued to appear in exhibi-
-tions of authority on the part of the Town Council.
-On the 1 2th May 1703 they passed an order that
-all diplomas of graduation must have the Town's
-Seal appended to them in a white iron box. The
-Primar, with three or four of the Regents, were to
-sign the diploma, and the Librarian was not to exact
-above £4 (Scots) as a fee, while poor Students were
-to have the diploma gratis. All certificates of
-graduation were to make honourable mention of the
-Town Council as patrons !
-In October of the same year they issued a
-WlLrJLIAM CarSTARES,
-.] THE COLLEGE RECORDS SEIZED. 245
-vexatious order to the effect that as some of the
-Masters or Regents of the College had "never
-extracted or taken out their Acts of Admission,"
-they were to have no more salary paid them until
-they should have done so.
-And in 1704 they proceeded to a still more
-arbitrary act of authority in ordering the College
-Records to be seized 1 on the ground of certain
-alleged inaccuracies, which seem very trifling ; the
-real blot in the eyes of the Town Council being,
-that "In the 19th page it is observed that the word
-Faculty is then first assumed, and without warrant,
-At first the order was that the book be " trans sumed n with a
-view to its being corrected ; Carstares, on behalf of himself and the
-Regents, craved, " with all submission," to have it recorded that it was
-not with their will that the book was delivered up. He was told that
-the book was only wanted for correction. But next year (1705) the
-Town Council " appointed the book belonging to the College of Edin-
-burgh, entitled Register of the University of Edinburgh^ to be put up
-in the charter-house ; and ordained their clerk to write at the end of
-it, that the same was condemned as informal, and in many ways
-vitiated." It was kept by the Town Council thenceforward, but was
-produced, by the order of the Court of Session, at the great case of
-the Town Council versus the University in 1825-29. And now it was
-the fate of this luckless Record to perish in obscurity. It became part
-of the u process " in the lawsuit, and as such ought still to be in the
-Register House, where the other documents of the process lie, or else
-it should have been restored to the keeping of the Town Council.
-But we find it noted that the book was borrowed by Messrs. Cran-
-stoun and Anderson, law agents for the Senatus, and never returned.
-And the writer of these pages on applying to Messrs. J. and F.
-Anderson, lineal successors to Messrs. Cranstoun and Anderson, and
-occupying the same premises, found it hopeless to inquire after a
-MS. volume received by their predecessors more than half a century
-before. Masses of documents had, in the meantime, been carted
-away and reduced to pulp by the papermaker. Such was the fate of
-this book ; a few extracts, suited to the purposes of the defendants in
-the lawsuit, were printed, and these remain, but the "Old College
-Record" from 1645 t0 J 703 would surely have contained racy entries
-and perhaps valuable hints, and its loss must be deplored.
-THE STORY OF THE UNIVERSITY. [1704.
-or any former practice, inserted in October 1686.
-And although the College had been now one
-hundred years standing before the said time, no
-record bears the word ' Faculty/ " This word
-" Faculty " was evidently as a red rag to the Town
-Council, and their anger at it made them forget that
-in 1668, eighteen years prior to the obnoxious entry,
-they had themselves endorsed a set of regulations,
-one of which bore that theses for graduation
-" must be revised and cognosced upon by the whole
-Faculty." They forgot also that " the Faculty " of
-the College of Edinburgh had been distinctly recog-
-nised in a letter under the Great Seal of William III.
-(1694), in which the words occur "as shall seem
-expedient to the said College or its Faculty "
-(dictae academise vel facultati suae expediens visum
-fuerit). 1 And still more did they forget their own
-declaration in 1685 (see above, p. 223), that the
-College of this City was "from the original erec-
-tion and foundation thereof erected as a University."
-It was now made clear that the ordinary rights of a
-University were denied to be inherent in the College
-of Edinburgh, and at the same time that College
-was humiliated by being deprived of its Records.
-Thus what may be called the first period of this
-history drew to its close under unpleasant circum-
-stances the results of a rupture between the teachers
-of the College and their patrons the Town Council.
-This form of expression was doubtless used at the instance of
-Carstares, who had previously been in correspondence with Dr. Rule,
-and of course had learned from him to style the Principal and Regents
-of the College " the Faculty" as their proper official designation.
-.] THE COLLEGE RECORDS SEIZED. . 247
-In itself this rupture was a sign of the growing
-strength of the College. The Regents and Pro-
-fessors doubtless thought themselves justified in
-claiming an independence equal to that enjoyed by
-the Senatus of any of the older Universities, on a
-level with which the College of Edinburgh had been
-repeatedly placed. But they were imprudent in
-stepping forward to assert their position without
-ascertaining, by legal advice, what it really was.
-They ignored the tremendous powers given to the
-Town Council by the charter of James VI. And
-hence they brought upon themselves the humiliation
-which has been related. The wisdom of Carstares
-soon restored happier relations, and there set in a
-halcyon period, which lasted, with hardly a cloud,
-for more than a century. After that the University,
-having grown exceedingly strong, again thought
-that it could throw off the government of the Town
-Council, but, as we shall see, with as bad success as
-the Regents met with in 1 703.
 [[Category:Events|Seizure of College Records by Town Council, 1704]]