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UNIVERSITY

Volume 18 · 1,280 words · 1797 Edition

is the name of a corporation formed for the education of youth in the liberal arts and sciences, and authorized to admit such as have studied in it, to certain degrees in different faculties, which not only served as certificates of proficiency in science, but also confer on those who obtain them considerable privileges within the university, as well as some rank in the state without it. Universities generally comprehend within them one or more colleges; but this is not always the case; for the university of St Andrew's was in being before either of its colleges was founded, and it would continue in being with all its pri- In every university with which we are acquainted, there are four faculties, viz., Theology, Law, Physic, and the Arts and Sciences, comprehending mathematics, natural and moral philosophy, &c.; and in Oxford, Cambridge, and some other universities, Music is considered as a fifth faculty. In each of these there are two degrees, those of Bachelor and Doctor; for though in the universities of Great Britain and Ireland we have no such degree as Doctor in Arts and Sciences, our Master of Arts answers to the degree of Doctor in Philosophy, which is conferred by many of the universities on the continent.

Universities in their present form, and with their present privileges, are institutions comparatively modern. They sprang from the convents of regular clergy, or from the chapters of cathedrals in the church of Rome, where young men were educated for holy orders, in that dark period when the clergy possessed all the little erudition which was left in Europe. These convents were seminaries of learning probably from their first institution; and we know with certainty, that in Old Aberdeen there was a monastery in which youth were instructed in theology, the canon law, and the school philosophy, at least 200 years before the university and King's College were founded. The same was doubtless the case in Oxford and Cambridge, and probably in every town in Europe where there is now a university, which has any claim to be called ancient; for it was not till the more eminent of the laity began to see the importance of literature and science, that universities distinct from convents were founded, with the privilege of admitting to degrees, which conferred some rank in civil society. These universities have long been considered as lay corporations; but as a proof that they had the ecclesiastical origin which we have assigned to them, it will be sufficient to observe, that the Pope arrogated to himself the right of vesting them with all their privileges; and that, prior to the Reformation, every university in Europe conferred its degrees in all the faculties by authority derived from a papal bull.

It is perhaps no improbable conjecture, that the church of Rome derived her idea of academical honours from the Jews, among whom literary distinctions extremely similar subsisted before the nativity of our Saviour. Among them, the young student, with respect to his learning, was called a disciple; from his minority a junior; and the chosen or elected, on account of his election into the number of disciples. When he had made some progress in knowledge, and was deemed worthy of a degree, he was by imposition of hands made rabbi, a companion to a Rabbi, the person who officiates using this form, I affixate thee, or, Be thou affixated; and as soon afterwards as he was thought worthy to teach others, the affixate was raised to the rank of Rabbi. Whether this process suggested the idea or not, it has certainly some resemblance to that by which a young man in our universities passes through the degree of Bachelor to that of Master of Arts or Doctor.

The most ancient universities in Europe are those of Oxford, Cambridge, Paris, Salamanca, and Bologna; and in the two English universities, the first founded colleges are those of University, Balliol, and Merton, in the former, and St Peter's in the latter. Oxford and Cambridge, however, were universities, or, as they were then called, studia, some hundreds of years before colleges or schools were built in them; for the former flourished as a seminary of learning in the reign of Alfred the Great, and the other, could we believe its partial partizans, at a period still earlier. The universities of Scotland are four, St Andrew's, Glasgow, Aberdeen, and Edinburgh. In Ireland there is but one university, viz. that of Dublin, founded by Queen Elizabeth, and very richly endowed.

An idle controversy has been agitated, whether the constitution of the English or of the Scotch universities be best adapted to answer the ends of their institution; and, as might be expected, it has been differently decided, according to the partialities of those who have written on the subject. Were we to hazard our own opinion, we should say, that each has its advantages and disadvantages; and that while the English universities, aided by their great schools, to which we have nothing that can be compared, are unquestionably fitted to carry their young members farther in the knowledge of the learned languages, the mode of teaching in our own universities is better adapted to the promotion of arts and sciences, and the communication of that knowledge which is of most importance in active life.

University-Courts, in England. The two universities enjoy the sole jurisdiction, in exclusion of the king's courts, over all civil actions and suits whatsoever, where a scholar or privileged person is one of the parties; excepting in such cases where the right of freehold is concerned. And then by the university charter they are at liberty to try and determine, either according to the common law of the land, or according to their own local customs, at their discretion; which has generally led them to carry on their process in a course much conformed to the civil law.

This privilege, so far as it relates to civil causes, is exercised at Oxford in the chancellor's court; the judge of which is the vice-chancellor, his deputy, or successor. From his sentence an appeal lies to delegates appointed by the congregation; from thence to other delegates of the house of convocation; and if they all three concur in the same sentence, it is final, at least by the statutes of the university, according to the rule of the civil law. But if there be any discordance or variation in any of the three sentences, an appeal lies in the last resort to judges delegates appointed by the crown, under the great seal in chancery.

As to the jurisdiction of the university courts in criminal matters, the chancellor's court at Oxford, and probably also that of Cambridge, hath authority to try all offences or misdemeanors under the degree of treason, felony, or mayhem; and the trial of treason, felony, and mayhem, by a particular charter, is committed to the university jurisdiction in another court, namely, the court of the lord high steward of the university.

The process of the trial is this. The high steward issues one precept to the sheriff of the county, who thereupon returns a panel of 18 freeholders; and another precept to the bedells of the university, who thereupon return a panel of 18 matriculated laymen, iacov privilegio universitatis gaudentem: and by a jury formed de medietate, half of freeholders and half matriculated persons, is the indictment to be tried; and that in the guildhall of the city or Oxford. And if execution be necessary to be awarded in consequence of finding the party guilty, the sheriff of the county must execute the university process; to which he is annually bound by oath.