dom as now by Law established . . . Therefore . . . for the greater security of the foresaid Protestant Religion and of the Worship Discipline and Government of this Church as above established Her Majesty with advice and consent foresaid Statutes and Ordains That the Universities and Colledges of Saint Andrews Glasgow Aberdeen and Edinburgh as now established by Law shall Continue within this Kingdom for ever And that in all time comeing no Professors Principals Regents Masters or others bearing office in any University Colledge or School within this Kingdom be capable or be admitted or allowed to continue in the exercise of their said functions but such as shall own and acknowledge the civil Government in manner prescribed or to be prescribed by the Acts of Parliament As also that before or at their admissions they do and shall acknowledge and profess and shall subscribe to the foresaid Confession of Faith as the confession of their faith, and that they will practise and conform themselves to the worship presently in use in this Church, and submit themselves to the Government and Discipline thereof and never endeavour directly or indirectly the prejudice or subversion of the same and that before the respective Presbytries of their bounds by whatsoever gift presentation or provision they may be thereto provided. From The Acts of the Parliaments of Scotland, Vol. xi. (1824), p. 402, cap. 6.* LXXXVII. The British Parliament grant to each of the Scottish Universities the right to receive a copy of every work registered at Stationers Hall. 1709. Whereas Printers, Booksellers, and other Persons have of late frequently taken the Liberty of Printing, Reprinting, and Publishing, or causing to be Printed, Reprinted, and Published, Books, and other Writings, without the Consent of the Authors or Proprietors of such Books and Writings, to the very great Detriment, and too often to the Ruin of them and their Families: For Preventing there * Ratified by the next Act, the Act of Union, p. 406; and by the Parliament of England, 6th Anne, cap. 11 (Statutes of the Realm, 1821, viii., p. 573). fore such Practices for the future, and for the Encouragement of Learned Men to Compose and Write useful Books; May it please Your Majesty, that it may be Enacted and be it Enacted. [that Authors and their Assignees shall have certain terms of copyright] . . . Provided always, and it is hereby Enacted, That Nine Copies of each Book or Books upon the best Paper, that from and after the said Tenth day of April, One thousand seven hundred and ten, shall be Printed and Published, as aforesaid, or Reprinted and Published with Additions, shall, by the Printer and Printers thereof, be Delivered to the Warehouse-Keeper of the said Company of Stationers for the time being, at the Hall of the said Company, before such Publication made, for the Vse of the Royal Library, the Libraries of the Universities of Oxford and Cambridge, the Libraries of the Four Universities in Scotland, the Library of Sion College in London, and the Library commonly called the Library belonging to the Faculty of Advocates at Edinburgh respectively, which said Warehouse-Keeper is hereby required, within Ten Days after Demand by the Keepers of the respective Libraries, or any Person or Persons by them or any of them Authorized to Demand the said Copy, to Deliver the same, for the Vse of the aforesaid Libraries; and if any Proprietor, Bookseller or Printer, or the said Warehouse-Keeper of the said Company of Stationers, shall not observe the Direction of this Act therein, that then he and they, so making Default in not Delivering the said Printed Copies as aforesaid, shall Forfeit, besides the value of the said Printed Copies, the Sum of Five Pounds for every Copy not so Delivered, as also the value of the said Printed Copy not so delivered, the same to be Recovered by the Queen's Majesty, Her Heirs and Successors, and by the Chancellor, Masters and Scholars of any of the said Universities . . . From Statutes of the Realm (1822), ix., p. 256. 8th Anne, cap. 21.* From the Procuratory Accounts we learn that Marischal College lost little time in putting forward a claim to share in the results of this grant. lib. s. d. 1711, Nov. 10th. "Spent by the procurator when he was appointed to go and wait on Earle Marischall concerning the Division of the Books granted to the University by Parliament 07 05 0" 1715, Aug. 28th. ... "Paid to Alexander Oughterlony Factor at London for 35 00 In 1736 the Masters of King's College raised an action against Marischal College before the Lords of Session, seeking to have it declared-1st, That they, the King's College, are one of the four Universities of Scotland; 2nd, That the Marischal College is no University; 3rd, That consequently the King's College alone is entitled to receive the Stationers Hall books. The summons bears that Marischal College had obtained books by calling for them in London. This is virtually admitted in An Account of the Erection of the Marishal College and University in the City of Aberdeen [By Principal Blackwell, 1736], * but it is contended-1st, That "Marishal College and University, being equally the University of Aberdeen with the Old College (Primogeniture being here of no Validity) at the Time the Act 8vo Annae passed," is " equally entitled to receive and keep the Books thereby granted to the said University"; or, "by vertue of the unrepealed Union, in consequence of which the two Colleges still act conjunctly in many Cases, the Right of the Marishal College" is "equal in that respect to the said Books". 2nd, "As being situated in the large and flourishing city of Aberdeen,† to which great Numbers of Gentlemen of Birth and Fortune daily resort, and of consequence as being the most noted University, and that design'd and intended by the Legislature under the Title of the University of Aberdeen," the Marischal College has, "both in respect of private Right and public Utility, a preferable Claim to any other". Marischal College had thus much more at stake than the loss of the books, and she naturally, therefore, appealed against Lord Ordinary Murkle's interlocutor of 20th December, 1737, "That the University and King's College of Old Aberdeen are intitled to a Copy of each Book, lodged in the Stationers Hall, for the Use of the four Universities in Scotland, in Terms of the Act of Parliament libelled on, and that the Marishal College in New Aberdeen have no Title thereto, in Virtue of the said Act, and to decern accordingly". Blackwell wishes the Officers of State to be summoned in the interest of the Crown, as the patron of the College. He defends his views in long letters contributed to the Caledonian Mercury, Edinburgh, and the Daily Journal, London. On a reclaiming petition being presented to the Inner House on behalf of Marischal College, the Lords finally decided, 1st July, 1738, "That the King's College of Aberdeen have right to the Custody of such Books as shall have been lodged in Stationers Hall for Cf. Ker's Frasereides (1732), p. 10. "Anno 1712, mensis Aprilis die XVIImo, Londini [Fraserius] tradidit THO. BLACKWELLIO, tum S. T. P. in COLLEGIO MARESCHALLANO, postea Gymnasiarchae, volumina centum et amplius: necnon ad eundem, mense Septembri sequentis anni quinquaginta volumina Londino devehenda curavit. Hi codices huc usque in Bibliotheca Collegii Mareschallani clauduntur, licet eos deponendos in Bibliotheca Collegii Regii subinde moneant ipsius FRASERII Epistolae, et ad GYMNASIARCHAM nostrum et ad meipsum missae, una cum eorum catalogo qui penes nos est, ex ipsius etiam Chirographo." +"The Petitioners' Library," say the King's College Masters in the Answers, "is a very ill Place for Books, being exposed to all eastern Storms and Steams from the Sea; whereas the Respondents have a magnificent Fabrick, and large Precincts, well fenced, and lying to the South-sun" (p. 7). the University of Aberdeen, conform to the grant in the Act of Parliament the eight of Queen Anne lybelled on, and that the said Books ought to be lodged in the publick library of the said King's College for the use of both Colleges". The pleadings are lengthy, but have much interest in their bearing upon the relations of the two Colleges. They should be read in connection with those in the Catanach case of 1743-44, supra, p. 71 (Summons by King's Coll.; Defences for Mar. Coll.; Reclaiming Petition of Mar. Coll.; Answers for King's Coll.). The Act 41 Geo. III., cap. 107 (2nd July, 1801), extended the privilege to the Libraries of Trinity College and the King's Inn, Dublin; and 54 Geo. III., cap. 156 (29th July, 1814), repealed the provision compelling printers to deliver the eleven copies at Stationers Hall, enjoining instead the Warehouse Keeper to demand production thereof within twelve months of publication. The rights of the Scottish Universities, of Sion College, and of the King's Inn were bought up by Parliament in 1836 (6 and 7 Will. IV., cap. 110—infra). LXXXVIII. The British Parliament grant to the Scottish Universities a "drawback" of duties imposed upon paper. 1711. Provided always, and be it Enacted by the Authority aforesaid, That for the Incouragement of Learning, so much as shall, from time to time, be paid for the Duties granted by this Act, for any Quantities of Paper, which, during the Continuance of the said Duties, shall be used in the Printing of any Books in the Latin, Greek, Oriental, or Northern Languages, within the Universities of Scotland, or any of them, by Permission of the Principal of the same respectively, shall and may be drawn back and repaid in manner following; (that is to say) The Chief Manager of the Press in the said Universities shall and may from time to time, make proof by Oath in Writing before the Principal (who is hereby impowered to administer the same) expressing therein the Kinds and Quantities of the Paper, so used, and how much the Duty thereof payable by this Act doth amount to; which Oath in Writing being Certified by the said Principal, and produced, the Lord Treasurer of Great Britain, or the Lords Commissioners of the Treasury for the time being, shall forthwith, from time to time, issue his or their Orders or Warrants to the respective Commissioners, who by this Act are to manage the Duties upon Paper, to Cause Payment to be made of so much Monies as the Duties so used in the Printing of the said Books in the said Universities of Scotland shall amount to; the same Payments to be made without any Fee or Charge whatsoever, and without Delay, to such Person or Persons as the said respective Principals shall authorize and appoint to receive the same, out of any the Duties upon Paper arising by this Act in Scotland; Anything in this Act contained to the contrary notwithstanding From Statutes of the Realm (1822), ix., p. 595. 10th Anne, cap. 18.* * The duties on paper were regulated by a series of Acts consolidated by 2 and 3 Vict., cap. 23 (19th July, 1839). By the Acts 54 Geo. III., cap. 153 (28th July, 1814), and 57 Geo. III., cap. 76 (7th July, 1817), the privilege of drawback, so far as concerned the Scottish |