Analysis of information sources in references of the Wikipedia article "Royal charter" in English language version.
It will be necessary to examine this subject a little more minutely, and particularly with reference to the power of conferring degrees, and the nature of a university. The only place where I can find any legal discussion on matters so little brought under consideration as these, is the argument of Mr. Attorney General Yorke, in Dr. Bentley's case, which is reported in 2nd Lord Raymond, 1345 ... In this proposition of Mr. Yorke two principles are laid down. The first is that 'granting degrees flows from the Crown;' and the second is, that if 'a University be erected, the power of granting degrees is incidental to the grant.' ... The subject matter granted, is the power of covering degrees; an emanation, as Mr. Yorke expresses it, from the Crown. It is the concession of this power that constitutes the direct purpose and the essential character of a University. ... This question of law arises:– How can this anomalous and strange body be constituted in the manner professed? It is to be a 'University,' but degrees in theology it is not to give. But Mr. Attorney-General Yorke tells us, that the power of giving degrees is incidental to the grant. If this be law, is not the power of conferring theological degrees equally incident to the grant, as other degrees; and if this be so, how can you constitute a University without the power of giving 'all' degrees: The general rule of law undoubtedly is, that where a subject matter is granted which has legal incidents belonging to it, the incidents must follow the subject granted; and this is the general rule as to corporations; and it has been decided upon that principle, that as a corporation, as an incident to its corporate character, has a right to dispose of its property, a proviso against alienation is void.
[p. 492] But when it has been seriously argued before the Privy Council by Sir Charles Wetherell, on behalf of the English Universities ... that the simple fact of the crown incorporating an academy under the name of university, necessarily, and in spite of reservations, concedes to that academy the right of granting all possibly degrees; nay when (as we are informed) the case itself has actually occurred, – the 'Durham University,' inadvertently, it seems, incorporated under that title, being in the course of claiming the exercise of this very privilege as a right, necessarily involved in the public recognition of the name: – in these circumstances we shall be pardoned a short excursus, in order to expose the futility of the basis on which this mighty edifice is erected. [p. 497] ... in all the Universities throughout Europe, which were not merely privileged, but created by bull and charter, every liberty conferred was conferred not as an incident through implication, but by express conversion. And this in two ways:– For a university was empowered, either by an explicit grant of certain enumerated rights, or by bestowing on it implicitly the known privileges enjoyed by other pattern Universities
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ignored (help)The Royal Charter, bearing date May 12, 1802, granted by His Majesty King George III, authorizing the 'Governors, President and Fellows of King's College at Windsor in the Province of Nova Scotia' to confer degrees, is not affected by this Act, except in so far as may be necessary to give effect to this Act.
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ignored (help)The Royal Charter, bearing date May 12, 1802, granted by His Majesty King George III, authorizing the 'Governors, President and Fellows of King's College at Windsor in the Province of Nova Scotia' to confer degrees, is not affected by this Act, except in so far as may be necessary to give effect to this Act.