Editing Royal charter (section)

====British Isles====

Both Oxford and Cambridge received royal charters during the 13th century. However, these charters were not concerned with academic matters or their status as universities but rather about the exclusive right of the universities to teach, the powers of the [[chancellor (university)|chancellors']] courts to rule on disputes involving students, and fixing rents and interest rates.<ref>{{cite book |page=463 |title=The Struggle for Mastery: Britain, 1066–1284 |author=David A. Carpenter |publisher=Oxford University Press |date=2003 |isbn=9780195220001 |url=https://books.google.com/books?id=FLbdk_L9TYQC&pg=PA463 |access-date=14 July 2022 |url-status=live |archive-url=https://web.archive.org/web/20240822182248/https://books.google.com/books?id=FLbdk_L9TYQC&pg=PA463#v=onepage&q&f=false |archive-date=22 August 2024}}</ref><ref>{{cite book |page=274 |chapter=The Endowments of the University and Colleges to circa 1348 |author1=Trevor Henry Aston |author2=Rosamond Faith |title=The History of the University of Oxford: The early Oxford schools |editor=Trevor Henry Aston |publisher=Clarendon Press |date=1984 |isbn=9780199510115 |chapter-url=https://books.google.com/books?id=AkJO3TAxMtwC&pg=PA274 |access-date=14 July 2022 |url-status=live |archive-url=https://web.archive.org/web/20240822182210/https://books.google.com/books?id=AkJO3TAxMtwC&pg=PA274#v=onepage&q&f=false |archive-date=22 August 2024}}</ref>

The University of Cambridge was confirmed by a papal bull in 1317 or 1318,<ref>{{cite book |chapter-url=https://archive.org/details/collectionstatu00cambgoog/page/n71 |page=45 |chapter=Papal Bull to the University of Cambridge |title=Collection of Statutes for the University and the Colleges of Cambridge |date=1840 |author=James Heywood |publisher=William Clowes and Sins}}</ref> but despite repeated attempts, the University of Oxford never received such confirmation.<ref name=Kivinen/> The three [[ancient universities of Scotland|pre-Reformation Scottish universities]] were all established by papal bulls: [[University of St Andrews|St Andrews]] in 1413; [[University of Glasgow|Glasgow]] in 1451; and [[King's College, Aberdeen]] (which later became the [[University of Aberdeen]]) in 1494.<ref>{{cite book |title=Nineteenth-century Scottish Rhetoric: The American Connection |publisher=[[Southern Illinois University Press]] |date=1993 |author=Winifred Bryan Horne |page=19 |isbn=9780809314706 |url=https://books.google.com/books?id=mSffiLqVtuUC&pg=PA19 |access-date=25 February 2020 |url-status=live |archive-url=https://web.archive.org/web/20240822182212/https://books.google.com/books?id=mSffiLqVtuUC&pg=PA19#v=onepage&q&f=false |archive-date=22 August 2024}}</ref>

Following the Reformation, establishment of universities and colleges by royal charter became the norm. The [[University of Edinburgh]] was founded under the authority of a royal charter granted to the [[The City of Edinburgh Council|Edinburgh town council]] in 1582 by [[James VI and I|James VI]] as the "town's college". [[Trinity College Dublin]] was established by a royal charter of [[Elizabeth I]] (as [[Queen of Ireland]]) in 1593. Both of these charters were given in [[Latin]].<ref>{{cite book |pages=109–111 |title=Charters of Foundation and Early Documents of the Universities of the Coimbra Group |editor1=Jos. M. M. Hermans |editor2=Marc Nelissen |publisher=Leuven University Press |date=2005 |isbn=9789058674746 |url=https://books.google.com/books?id=QE-P0ffkTUoC&pg=PA109 |access-date=7 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20240822182213/https://books.google.com/books?id=QE-P0ffkTUoC&pg=PA109#v=onepage&q&f=false |archive-date=22 August 2024}}</ref>

The Edinburgh charter gave permission for the town council "to build and to repair sufficient houses and places for the reception, habitation and teaching of professors of the schools of grammar, the humanities and languages, philosophy, theology, medicine and law, or whichever liberal arts which we declare detract in no way from the aforesaid mortification" and granted them the right to appoint and remove professors.<ref>{{cite web |title=Charter by King James VI, 14 April 1582 |publisher=University of Edinburgh |url=http://ourhistory.is.ed.ac.uk/index.php/Charter_by_King_James_VI,_14_April_1582 |access-date=8 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20211128055056/http://ourhistory.is.ed.ac.uk/index.php/Charter_by_King_James_VI,_14_April_1582 |archive-date=28 November 2021}}</ref> But, as concluded by Edinburgh's principal, [[Sir Alexander Grant, 10th Baronet|Sir Alexander Grant]], in his tercentenary history of the university, "Obviously this is no charter founding a university".<ref>{{cite book |page=123 |author=Sir Alexander Grant |publisher=Longmans, Green, and Company |title=The Story of the University of Edinburgh During Its First Three Hundred Years |date=1884 |volume=1 |url=https://books.google.com/books?id=xJAKAAAAMAAJ&pg=PA123 |access-date=9 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20240822182215/https://books.google.com/books?id=xJAKAAAAMAAJ&pg=PA123#v=onepage&q&f=false |archive-date=22 August 2024}}</ref> Instead, he proposed, citing multiple pieces of evidence, that the surviving charter was original granted alongside a second charter founding the college, which was subsequently lost (possibly deliberately).<ref>{{cite book |pages=107–132 |author=Sir Alexander Grant |publisher=Longmans, Green, and Company |title=The Story of the University of Edinburgh During Its First Three Hundred Years |date=1884 |volume=1 |url=https://books.google.com/books?id=xJAKAAAAMAAJ&pg=PA107 |access-date=9 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20240822182847/https://books.google.com/books?id=xJAKAAAAMAAJ&pg=PA107#v=onepage&q&f=false |archive-date=22 August 2024}}</ref> This would also explain the source of Edinburgh's degree awarding powers, which were used from the foundation of the college.<ref>{{cite book |page=143 |author=Sir Alexander Grant |publisher=Longmans, Green, and Company |title=The Story of the University of Edinburgh During Its First Three Hundred Years |date=1884 |volume=1 |url=https://books.google.com/books?id=xJAKAAAAMAAJ&pg=PA143 |access-date=9 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20240822182728/https://books.google.com/books?id=xJAKAAAAMAAJ&pg=PA143#v=onepage&q&f=false |archive-date=22 August 2024}}</ref>

The royal charter of Trinity College Dublin, while being straightforward in incorporating the college, also named it as "mother of a University", and rather than granting the college degree-awarding powers stated that "the students on this College ... shall have liberty and power to obtain degrees of Bachelor, Master, and Doctor, at a suitable time, in all arts and faculties".<ref>{{cite web |title=Charter of Queen Elizabeth I |publisher=Trinity College Dublin |format=English; translated from Latin |url=https://www.tcd.ie/Secretary/assets/pdf/Charter%2520Elizabeth%2520I.pdf |access-date=10 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20160416065350/http://www.tcd.ie/Secretary/assets/pdf/Charter%20Elizabeth%20I.pdf |archive-date=2016-04-16}}</ref> Thus the [[University of Dublin]] was also brought into existence by this charter, as the body that awards the degrees earned by students at Trinity College.<ref name="TCD Legal FAQ">{{cite web |title=Legal FAQ |publisher=Trinity College Dublin |url=https://www.tcd.ie/Secretary/corporate/legal-faq/ |access-date=10 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20180528215940/https://www.tcd.ie/Secretary/corporate/legal-faq/ |archive-date=28 May 2018}}</ref><ref>{{cite book |chapter=Note by the Lord Chief Baron on the relation between the College and the University |author=[[Christopher Palles]] |chapter-url=https://books.google.com/books?id=SPwLAQAAIAAJ&pg=PA62 |title=Royal Commission on Trinity College, Dublin, and the University of Dublin: Final Report of the Commissioners |date=1907 |access-date=16 March 2019 |url-status=live |archive-url=https://web.archive.org/web/20240822182730/https://books.google.com/books?id=SPwLAQAAIAAJ&pg=PA62#v=onepage&q&f=false |archive-date=22 August 2024}}</ref>

Following this, no surviving universities were created in the British Isles until the 19th century. The 1820s saw two colleges receive royal charters: [[St David's College, Lampeter]] in 1828 and [[King's College London]] in 1829. Neither of these were granted degree-awarding powers or university status in their original charters. The 1830s saw an attempt by [[University College London]] to gain a charter as a university and the creation by Act of Parliament of [[Durham University]], but without incorporating it or granting any specific powers. These led to debate about the powers of royal charters and what was implicit to a university.

The essence of the debate was firstly whether the power to award degrees was incidental to the creation of a university or needed to be explicitly granted and secondly whether a royal charter could, if the power to award degrees was incidental, limit that power – UCL wishing to be granted a royal charter as "London University" but excluding the power to award degrees in theology due to the secular nature of the institute. Sir [[Charles Wetherell]], arguing against the grant of a royal charter to UCL before the Privy Council in 1835, argued for degree-awarding powers being an essential part of a university that could not be limited by charter.<ref>{{cite book |author=Charles Wetherell |title=Substance of the Speech of Sir Charles Wetherell: Before the Lords of the Privy Council, on the Subject of Incorporating the London University |publisher=J. G. & F. Rivington |year=1834 |pages=[https://archive.org/details/substancespeech01wethgoog/page/n87 77]–82 |url=https://archive.org/details/substancespeech01wethgoog |quote=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.}}</ref> [[Sir William Hamilton, 9th Baronet|Sir William Hamilton]], wrote a response to Wetherell in the [[Edinburgh Review]], drawing in Durham University and arguing that the power of universities, including the power to award specific degrees, had always been explicitly granted historically, thus creating a university did not implicitly grant degree-awarding powers.<ref>{{cite book |title=Discussions on philosophy and literature, education and university reform |publisher=Longman, Brown, Green and Longman's |year=1853 |author=Sir William Hamilton |pages=492, 497 |url=https://archive.org/details/bub_gb_4i1CAQAAIAAJ/page/n505 |quote=[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}}</ref> Other historians, however, disagree with Hamilton on the point of whether implicit grants of privileges were made, particularly with regard to the ''ius ubique docendi'' – the important privilege of granting universally-recognised degrees that was the defining mark of the ''[[studium generale]]''. [[Hastings Rashdall]] states that "the special privilege of the ''jus ubique docendi'' ... was usually, but not quite invariably, conferred in express terms by the original foundation-bulls; and was apparently understood to be involved in the mere act of erection even in the rare cases where it is not expressly conceded".<ref>{{cite book |title=The Universities of Europe in the Middle Ages: Volume 1, Salerno, Bologna, Paris |author=Hastings Rashdall |date=1895 |pages=11–12 |location=Oxford |publisher=Clarendon Press |author-link=Hastings Rashdall |url=https://archive.org/stream/universitieseur00unkngoog#page/n44/mode/1up}}</ref> Similarly, Patrick Zutshi, Keeper of Manuscripts and University Archives in Cambridge University Library, writes that "Cambridge never received from the papacy an explicit grant of the ''ius ubique docendi'', but it is generally considered that the right is implied in the terms of John XXII's letter of 1318 concerning Cambridge's status as a studium generale."<ref>{{cite book |chapter=When Did Cambridge Become a Studium generale? |title=Law as profession and practice in medieval Europe : essays in honor of James A. Brundage |editor1-first=Kenneth |editor1-last=Pennington |editor2-first=Melodie Harris |editor2-last=Eichbauer |last=Zutshi |first=Patrick |location=Farnham, Surrey, England |publisher=Ashgate |isbn=9781409425748 |pages=153–171 |doi= |year=2011}}</ref>

UCL was incorporated by royal charter in 1836, but without university status or degree-awarding powers, which went instead to the [[University of London]], created by royal charter with the explicit power to grant degrees in Arts, Law, and Medicine. Durham University was incorporated by royal charter in 1837 (explicitly not founding the university, which it describes as having been "established under our Royal sanction, and the authority of our Parliament") but although this confirmed that it had "all the property, rights, and privileges which ... are incident to a University established by our Royal Charter" it contained no explicit grant of degree-awarding powers.<ref>{{cite web |title=Royal Charter |publisher=Durham University |url=https://www.dur.ac.uk/about/governance/charter/ |access-date=10 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20150923004625/https://www.dur.ac.uk/about/governance/charter/ |archive-date=23 September 2015}}</ref> This was considered sufficient for it to award "degrees in all the faculties",<ref>{{cite book |chapter-url=https://books.google.com/books?id=hmpBAAAAcAAJ&pg=PA471 |page=471 |title=[[Encyclopedia Britannica]] |chapter=Universities |publisher=Black |date=1860 |volume=21 |access-date=11 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20240822182733/https://books.google.com/books?id=hmpBAAAAcAAJ&pg=PA471#v=onepage&q&f=false |archive-date=22 August 2024}}</ref> but all future university royal charters explicitly stated that they were creating a university and explicitly granted degree-awarding power. Both London (1878) and Durham (1895) later received supplemental charters allowing the granting of degrees to women, which was considered to require explicit authorisation. After going through four charters and a number of supplemental charters, London was reconstituted by Act of Parliament in 1898.<ref>{{cite web |pages=7–24 |title=History of the University |publisher=University of London |date=1912 |work=The Historical Record (1836–1912) |url=https://books.google.com/books?id=h0VAAAAAIAAJ&pg=PA7 |access-date=18 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20240822182814/https://books.google.com/books?id=h0VAAAAAIAAJ&pg=PA7#v=onepage&q&f=false |archive-date=22 August 2024}}</ref>

The Queen's Colleges in Ireland, at [[Queen's University Belfast|Belfast]], [[University College Cork|Cork]], and [[NUI Galway|Galway]], were established by royal charter in 1845, as colleges without degree awarding powers. The [[Queens University of Ireland]] received its royal charter in 1850, stating "We do will, order, constitute, ordain and found an University&nbsp;... and the same shall possess and exercise the full powers of granting all such Degrees as are granted by other Universities or Colleges in the faculties of Arts, Medicine and Law".<ref>{{cite book |page=16 |title=The Queen's University Calendar |date=1859 |publisher=Queens University (Ireland) |url=https://books.google.com/books?id=UeMNAAAAQAAJ&pg=PA16 |access-date=19 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20240822182742/https://books.google.com/books?id=UeMNAAAAQAAJ&pg=PA16#v=onepage&q&f=false |archive-date=22 August 2024}}</ref> This served as the degree awarding body for the Queen's Colleges until it was replaced by the [[Royal University of Ireland]].

The royal charter of the [[Victoria University (United Kingdom)|Victoria University]] in 1880 started explicitly that "There shall be and is hereby constituted and founded a University" and granted an explicit power of awarding degrees (except in medicine, added by supplemental charter in 1883).<ref>{{cite book |pages=6–7 |title=The Victoria University Calendar |date=1882 |last1=Univ |first1=Manchester |url=https://books.google.com/books?id=_t8NAAAAQAAJ&pg=RA1-PA6 |access-date=19 February 2019 |url-status=live |archive-url=https://web.archive.org/web/20240822182905/https://books.google.com/books?id=_t8NAAAAQAAJ&pg=RA1-PA6#v=onepage&q&f=false |archive-date=22 August 2024}}</ref>

From then until 1992, all universities in the United Kingdom were created by royal charter except for [[Newcastle University]], which was separated from Durham via an Act of Parliament. Following the independence of the [[Republic of Ireland]], new universities there have been created by Acts of the [[Oireachtas]] (Irish Parliament). Since 1992, most new universities in the UK have been created by [[Order of Council|Orders of Council]] as secondary legislation under the [[Further and Higher Education Act 1992]], although granting degree-awarding powers and university status to colleges incorporated by royal charter is done via an amendment to their charter.