Medical Women: Two Essays

Section 19 of the Act of 1858. If They Stand on the Authority of the

Court, or of any other power in the University itself, we should think that they may be altered by the University Court under section 12 of the Act, ‘after due communication with the Senatus Academicus, and with the sanction of the Chancellor,’ but with the proviso that the proposed alteration ‘shall be submitted to the University Council for their consideration.’ In one or other of these ways it appears to us that any provision which may be deemed necessary, or proper and reasonable, for enabling women to complete their medical studies, with a view to graduation, maybe made.”

“Query 5.--Whether the Senatus, University Court, University Council and Chancellor, had collectively the power of granting to women the permission to matriculate as students as they did in 1869, and whether the regulations issued officially (November 12, 1869) are valid as regards such matriculation?

“Opinion.--We are of opinion that the University Court, in virtue of the powers conferred upon it by the 12th section (2) of the Act 1858, have power, after communication with the Senatus, and with the sanction of the Chancellor, and after the University Council have considered the subject, to grant permission to women (as they did in 1869) to matriculate as students, and the resolutions of the Court in that year are valid.

“Query 6.--Whether the medical Professors are exonerated from obligation to teach, in some way or other, all matriculated students, by the fact, that, in clause 3 of the regulations quoted above, it is merely stated that they ‘shall be permitted to have separate classes for women?’

“Opinion.--The University Court having statutory powers to ‘effect’ improvements in the ‘internal arrangements of the University,’ and it being within their power, under this enactment, to allow women to be educated at the University, we are of opinion that this resolution must be carried out in good faith and obeyed by the Professors. The third resolution of the University Court of November 1869, which ‘permits’ the Professors to have separate classes for women, in no way derogates from the resolution of the Court that women ‘shall be admitted to the study of medicine.’

“Query 7.--In case such women as are matriculated students of medicine in the University are refused instruction by the individual medical Professors, what is their legal mode of redress, and against whom should it be directed?

“Opinion.--We are of opinion that the University Court can compel, by action, the medical Professors to obey the resolutions of November, 1869, by holding separate classes for the education of women. With respect to the title of the women, we think that those of them who have matriculated and passed the preliminary examinations have a title, and may enforce their rights by action. The proper form of action is, we think, a declarator against the Professors refusing to obey the resolution of the University Court, with petitory conclusions to the effect that they should be ordained to hold separate classes for the instruction of the pursuers, they receiving their due remuneration.

“Query 8.--Whether, in the first constitution or charter of the University, or in any of the subsequent statutes, there is anything which limits the benefits of the University to male students.

“Opinion.--The Charter of Erection and Confirmation of the ‘College of Edinburgh’ by King James VI., dated 14th April, 1582, granted certain lands and revenues to the Magistrates and Town Council of Edinburgh, with a license to employ those revenues, and such others as well-disposed persons might bestow on them, in the erecting of suitable buildings for the use of professors and ‘scholars’ of grammar, humanity, and languages, philosophy, theology, medicine, and laws, and other liberal sciences. The King, by this charter (as interpreted by decision of the Courts), delegated to, or conferred upon, the magistrates and Town Council the character of patron and founder of this new seminary of education. The powers of superintendence and control thus conferred upon the Magistrates and Council remained with them till the Act of 1858 was passed, by which the more important powers were transferred to the University Court. The Magistrates and Council never conferred upon the College any independent constitution, so as to enable the members of it to exercise any power of internal government. As founders, patrons, and delegates intrusted by the royal grant, the Magistrates and Council remained in the full right of management, regulation, and tutelage of their own institution.

“An Act of Parliament was passed in 1621 (c. 79), which may be considered as the charter of erection of the University. It narrates the charter of 1582, and the licence thereby given to found a College and choose Professors, and sets forth the King’s zeal for the growth of learning, and his purpose to grant the College all immunities enjoyed by other colleges. The statute then confirms the erection of the College, and ratifies all the mortifications made to the town by the King or others towards its support. It bestows on the College the name of ‘King James’ College,’ and grants to the Magistrates ‘in favour of the said burgh of Edinburgh, patrons of the said College, and of the College, and of rectors, regents, bursars, and students within the same, all liberties, freedoms, immunities, and privileges pertaining to a free College, and that in as ample a form and large manner as any College has or bruickis within His Majesty’s realm.’

“The statute concludes with ordaining a new charter to issue, if need be, for erecting the College, with all such privileges and immunities. No such charter was ever issued; but the statute itself may be held equivalent to a charter. It was a charter in favour of the Magistrates and Council as founders and patrons, and in no way prejudiced, but on the contrary confirmed their power of superintendence, control, and regulation of all matters concerning the internal government of the University.

“We are of opinion that, in virtue of the powers they thus possessed, the Magistrates and Town Council could at any time, during their 266 years of University rule, have done what the University Court did in 1869--grant permission to women to be educated at the University.

“On examining the records, we find that the superintendence of the patrons was active and constant. They made, at various times during the two centuries and a half while their jurisdiction lasted, sets of laws and regulations for the College, which embrace all things connected with the duties and rights of professors and students, the series and order of studies, the days and hours of lecture, the books to be read, the conduct of students in and out of College hours, the modes of trial and graduation, the attendance of the professors at their classes, attendance at church, dress to be worn by students, fees to be paid, &c., &c. “All these regulations proceed on the footing that only male students attended the University; many of them were inapplicable to females, and we cannot find any trace of its being contemplated by the patrons that females might be students. And we do not find any evidence of a female having attended the University.

“Therefore, while we are of opinion that the Magistrates and Council had the power to pass a regulation authorising the attendance of women at the University, and to compel the professors to teach them, yet as they never passed any such regulation, no women could have insisted upon admission to University education as a legal right prior to 1869.

“The University Court, by sec. 12 (2), are now vested with all the powers of internal management and regulation formerly possessed by the Magistrates and Council; they have done what the latter never did, although they lawfully might. They have, by their resolution of November 1869, given to women the right to demand, equally with male students, admission to the University.”

NOTE R, p. 111,

“The extraordinary history of the vicissitudes endured by the lady students seems at last to have reached its most extraordinary phase. It appears, as stated in our columns of yesterday, that on Saturday last the Medical Faculty of the University of Edinburgh--a body which, collectively, forms one of the law-makers of the College--passed a vote by a majority whereby they instructed their Dean deliberately to break a law of the University, or rather expressly ‘interdicted’ him from complying with it. What makes the matter the more remarkable is that this special law was in the first instance inaugurated by themselves, and subsequently approved by the Senatus and other authorities, and incorporated in the official regulations published in the ‘Calendar.’ ... It would seem clear enough that a decision which had been deliberately confirmed by each university authority successively, and which had thus become law, could not be disturbed by any one except after an equally formal process of revocation. It is, however, well known that, though all the bodies enumerated passed the above regulations by a majority, there was in most cases a dissatisfied minority, who wished that all privileges should be withheld from the lady students. It would have surprised no one to hear that a formal attempt had been made to obtain the withdrawal of the privileges conferred; but the public were probably sufficiently astonished to learn yesterday that, though no such open and honourable attempt had been made, a secret coup d’état was planned, by which it was apparently hoped, at the very last moment, when no appeal to the Senatus, or other authorities was possible, to crush the hopes of the medical ladies, at least for the present year. At the Faculty meeting to which we have referred, a vote was actually passed to ‘interdict’ the Dean, whose friendliness to the ladies was well known, from giving to any women who were about to join the medical class the papers necessary to enable them to pass the preliminary examination in Arts, which is indispensable before registration--this examination having been not only previously allowed, but actually passed by numerous ladies on no less than four occasions! At this same notable meeting, a vote was also passed that the Medical Faculty should disregard alike their own previous resolutions, the official regulations of the ‘Calendar,’ and the tickets of admission already paid for and obtained by those other ladies who are now ready to proceed to their first professional examination; and, accordingly, a letter was sent to each of these three ladies, informing them that their tickets had been granted ‘in error,’ and that they could not be examined ‘without the sanction of the Senatus Academicus,’ as if that sanction had not been already given in the most emphatic manner!

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