Page:A Catalogue of Graduates who have Proceeded to Degrees in the University of Dublin, vol. 2.djvu/13

 INTEODUCTION. vii cellor), and the making of regulations for conferring Degrees, were confided to the governing body of the College. Although the actual creation of the University was, under the provisions of the Charter of Elizabeth, only effected by the instrumentality of the College, it does not follow that the Uni- versity is not to be considered as having been founded by the Queen herself. What was done in pursuance of the Charter was done by the Queen's authority, and is deemed in law to have been done by herself. It has long been settled by law that the Sovereign, in erecting a corporation, may either name the officers and corporators, of his or her own authority, or by express words empower others to do so. The distinction between the founding of the College and the founding of the University should be clearly understood. There were available means of completing the foundation of the College at once and directly; but the case was different as to the University ; for although in legal intendment it was founded by the Charter, it had afterwards to be brought forth by the College as its ' mater.' If the Charter of Queen Elizabeth be looked at, without reference to what was done under its provisions, it is likely to be (and it often has been) misunderstood to have merely founded a College with University privileges. But when the whole matter shall be duly considered, it will appear that the University designed by and constituted under this Charter was intended to be and was a distinct incorporation. The power given to the Provost and Fellows, with refe- rence to the conferring of Degrees, sufficiently implied a power to make such subsidiary regulations as were not unreasonable, nor against any rule of law, but were suitable to the purpose for which the express power was given. These were made and were entitled " Consuetudines seu Kegulse Universitatis Dubli- niensis, pro solenniore graduum collatione." The meaning of Universitas, as then and now understood, is shown by the pre- scribed form of supplication for a Degree. In Barrett's MSS, the learned writer says — "The Crown