Page:A Catalogue of Graduates who have Proceeded to Degrees in the University of Dublin, vol. 2.djvu/18

xii INTRODUCTION. the University as to its corporate character, but also impugned the received opinion as to the import of certain parts of the Charter of Queen Elizabeth, I felt that, having succeeded to the office of Vice- Chancellor, I vsras in some degree called on, if not bound, to consider the several positions which he put for- ward, and the arguments and proofs which he offered in order to sustain them. In the Introduction to the Book of Graduates, it is more than once asserted that the University of Dublin is not a body corporate. It is true that an eminent lawyer gave an opinion to this effect, when consulted on this question, in the early part of the year 1858. But this was known to, and had been con- sidered by, the late Vice-Chancellor of the University before he drew up the opinion that he publicly communicated to the Senate at the end of the same year. His great learning and judicial experience, as well as the soundness of his judgment, give an impressive authority to his deliberate exposition. In this Introduction it is said, that "the true ancient notion of a University was a special society of students, although not in the strictly legal sense a Corporation." It might suffice to say that the material question is not as to the ancient notion, but in what sense was the word understood by the advisers of Queen Elizabeth and of King Charles I. at the time of granting the Charters ? The case of the University of Paris is referred to, and a passage is cited from Halmagrand on the origin of that University, in which this writer says that it was formed of itself by the association of its members, and that it never had either a Eegal or Papal Charter. It does not follow from this that it was not a corporate body. Blackstone says that, by the Civil Law, corporations might be created by the mere act and voluntary association of their members, provided such conven- tion was not contrary to law. Perhaps it is more accurate to say that such bodies could not assume a corporate character without the consent of the head of the State. It stands con- fessed that the University of Paris has been recognised by both