McGill Royal Char

McGill University -- Royal Charter</TITLE>

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<H1><CENTER>The Royal Charter of McGill University</CENTER></H1>

VICTORIA, by the Grace of

God, of the United Kingdom of Great Britain and Ireland, Queen,

Defender of the Faith.

To all to whom these presents shall come, greeting:

WHEREAS, the Honorable JAMES McGILL, late of the City of Montreal,

in that part of the Province of Canada heretofore constituting

the Province of Lower Canada, by his last Will and Testament,

bearing date at Montreal aforesaid, the eighth day of January,

in the year of our Lord one thousand eight hundred and eleven,

did give and bequeath a certain tract of land near the said City

of Montreal, with the dwelling-house and other buildings thereon

erected, to Trustees in trust to convey and assure the same to

the Royal Institution for the Advancement of Learning, established

by virtue of an Act of the Provincial Parliament of the said then

Province of Lower Canada, made and passed in the forty-first year

of the reign of our late Royal Predecessor King George the Third,

intituled "An Act for the Establishment of Free Schools and

the Advancement of Learning in this Province," upon condition

that the said Institution should within ten years from the decease

of the said James McGill, erect and establish, or cause to be

erected and established, upon the said land, an University or

College, for the purposes of Education and the Advancement of

Learning in the said then Province, with a competent number of

Professors and Teachers to render such establishment effectual

and beneficial for the purpose intended, and also upon condition

that one of the Colleges to be comprised in the said University

should be called " McGill College."

And whereas the said James McGill, Esquire, by his said Will,

did further give and bequeath to the said trustees, the sum of

ten thousand pounds in trust, to pay the same with interest to

accrue thereon from and after the expiration of three years from

his decease to the said Royal Institution for the Advancement

of Learning, to be applied as soon as the said Institution should

have erected an University or College on the said land, towards

defraying the expenses thereby incurred, and towards maintaining

the said University or College so erected and established.

And whereas our late Royal Predecessor King George the Fourth,

upon the humble petition to that effect of the said Royal Institution

for the Advancement of Learning, was pleased by His Letters Patent,

bearing date at Westminster the thirty-first day of March in the

second year of His Reign, [1821] to will and ordain in manner

following, that is to say: --

Whereas the Honorable James McGill, late of the City of

Montreal, in the Province of Lower Canada, now deceased, by his

last Will and Testament, bearing date at Montreal the eighth day

of January, in the year of our Lord one thousand eight hundred

and eleven, did give and bequeath a certain tract of land near

the said City of Montreal with the dwellinghouse and other buildings

thereon erected, to Trustees in trust to convey and assure the

same to the Royal Institution for the Advancement of Learning,

established by virtue of an Act of the Provincial Parliament of

Lower Canada, made and passed in the 41st year of the Reign of

His late Majesty, intituled 'An Act for the Establishment of Free

Schools and the Advancement of Learning in this Province,' upon

condition that the said Institution should, within ten years from

the decease of the said James McGill erect and establish, or cause

to be erected and established, upon the said land an University

or College, for the purposes of Education and the Advancement

of Learning in the said Province, with a competent number of Professors

and Teachers to render such establishment effectual and beneficial

for the purpose intended, and also upon condition that one of

the Colleges to be comprised in the said University should be

called 'McGill College'; - And whereas the said James McGill,

Esquire, by his last Will, did further give and bequeath to the

said Trustees the sum of £10,000 in trust to pay the same,

with interest to accrue thereon from and after the expiration

of three years from his decease, to the said Royal Institution

for the Advancement of Learning, to be applied as soon as the

said Royal Institution should have erected an University or College

on the said land, towards defraying the expenses thereby incurred,

and towards maintaining the said University or College so erected

and established; And whereas, We have been humbly petitioned by

said 'Royal Institution for the Advancement of Learning' that

We would be pleased to grant our Royal Charter for the more perfect

erection and establishment of the said College, and for incorporating

the members thereof for the purposes aforesaid, and for such further

endowment thereof as to Us should seem meet, We, having taken

the premises into Our Royal consideration, and being desirous

that an University or College should be established for the education

of youth in the principles of true religion, and for their instruction

in the different branches of science and literature, are willing

to comply with the prayer of the said petition, and to afford

every assistance towards carrying the intentions of the said James

McGill into execution.

Therefore, know ye that We, of Our special grace, certain

knowledge, and mere motion, have willed, ordained, and granted,

and do by these presents for Us, Our Heirs and Successors, will,

ordain, and grant, that upon the said land and in the said buildings

thereon erected, or to be erected, there shall be established

from this time one College, at the least, for the education of

youth and students in the Arts and Faculties, to continue for

ever, and that the first College to be erected thereon shall be

called 'McGill College,' and that Our trusty and well beloved

the Governor of Lower Canada, Lieutenant-Governor of Lower Canada,

Lieutenant-Governor of Upper Canada, the Bishop of Quebec, the

Chief Justice of Montreal, and the Chief Justice of Upper Canada,

for the time being, shall be Governors of the said McGill College,

and that the said McGill College shall consist of one Principal,

to be elected in manner hereinafter mentioned, and who shall be

during his continuance in the said office, a Governor of the said

College, of four Professors to be also elected in manner hereinafter

mentioned. and of Fellows, Tutors, and Scholars in such numbers,

and at such salaries and subject to such provisions, rules and

regulations as shall hereafter be appointed by the Statutes, Rules,

and Ordinances of the said College; And We do, by these Presents,

for Us, Our Heirs and Successors, will, ordain and grant that

the Principal and Professors of the said College shall be from

time to time elected by or the major part of them as shall be

present at any meeting to be holden for such and in case of an

equality of votes, the officer present at such meeting whose office

is first described in order in these presents shall have a double

and casting vote; provided always, that the persons by whom such

election shall be made shall notify the same respectively to Us,

Our Heirs and Successors, through one of Our or Their principal

Secretaries of State, by the first opportunity, and in case that

We, Our Heirs, or Successors shall disapprove of any person so

elected, and shall cause such disapprobation to be notified to

him under the Royal signet and sign manual, or through one of

the principal Secretaries of State, the person so elected as aforesaid

shall immediately upon such notification, cease to hold the office

of Principal or Professor to which he shall have been elected

as aforesaid, and the said Governors shall thereupon proceed to

the election of another person to fill the office of such Principal

or Professor respectively, and so, from time to time, as often

as the case shall happen.

And We do by these presents, for Us, Our Heirs and Successors,

will, ordain, and grant that the said Governors, Principal, and

Fellows, and their Successors for ever, shall be one distinct

and separate body politic and corporate in deed and in word, by

the name and style of 'The Governors, Principal, and Fellows of

McGill College, at Montreal, in the said Province of Lower Canada,'

and that by the same name they shall have perpetual succession

and a common seal, and that they and their successors shall, from

time to time have full power to break, alter, make new, or change

such common seal at their will and pleasure, and as shall be found

expedient, and that by the said name the said Governors, Principal,

and Fellows, and their successors, from time to time, and at all

times hereafter, shall be a body politic and corporate in deed

and in law, and be able and capable to have, take, receive, purchase,

acquire, hold, possess, enjoy and retain.

And we do hereby, for Us, Our Heirs and Successors, give

and grant full authority and free license to them and their successors,

by the name aforesaid, to have, take, receive, purchase, acquire,

hold, possess, enjoy, and retain, to and for the use of the said

College, notwithstanding any statutes or statute of mortmain,

any manors, rectories advowsons, messuages, lands, tenements,

rents, hereditaments of what kind, nature, or quality soever,

so as that the same do not exceed in yearly value the sum of £6,000

above all charges; and moreover, to take, purchase, acquire, have,

hold, enjoy. receive, possess, and retain, notwithstanding any

such statutes or statute to the contrary, all or any goods, chattels,

charitable or other contributions, gifts and benefactions whatsoever;

and that the said Governors, Principal, and Fellows, and their

successors, by the same name, shall and may be able and capable

in law to sue and be sued, implead and be impleaded, answer and

be answered in all and every Court or Courts of record or places

of judicature within Our United Kingdom of Great Britain and Ireland,

and Our said Province of Lower Canada, and other Our dominions,

and in all and singular actions, causes, pleas, suits, matters,

and demands whatsoever, of what kind and nature and sort soever,

in as large, ample, and beneficial manner and form as any other

body politic and corporate, or any other our liege subjects being

persons able and capable in law may or can have, take, purchase,

receive, hold, possess, enjoy, retain, sue, implead, or answer,

or be sued, impleaded, or answer, in any manner whatsoever.

And We do by these presents, for Us, Our Heirs, and Successors,

will, ordain, and grant, that the Governors of the said College,

or the major part of them, shall have power and authority to frame

and make statutes, rules, and ordinances touching and concerning

the good government of the said College, the performance of Divine

Service therein, the studies, lectures, exercises, and degrees

in arts and faculties and all matters regarding the same, the

election, qualification, and residence of the Principal, Professors,

Fellows, and Scholars, the salaries, stipends, and provisions

for the Principal, Professors, Fellows, and Scholars, and Officers

of the said College, and touching and concerning other matter

or thing which to them shall seem good, fit, useful, and agreeable

to this our Charter, provided that no such statutes, rules, and

ordinances shall have any force or effect until allowed and confirmed

by Us, Our Heirs, and Successors; and also from time to time to

revoke, augment, or alter the same as to them, or the major part

of them, shall seem expedient, subject always to Our allowance

and confirmation as aforesaid, provided that the said statutes,

rules, and ordinances or any of them shall not be repugnant to

the laws and statutes of this Our realm, and of our said Province

of Lower Canada; and we do hereby for Us, Our Heirs, and Successors,

charge and command that the statutes, rules, and ordinances aforesaid,

subject to the said provisions, shall be strictly and inviolably

observed, kept, and performed, so long as they shall respectively

remain in force and effect, under the penalties to be thereby

or therein inflicted or contained; And we do by these presents,

for Us, Our Heirs, and Successors, will, ordain, direct, and appoint,

that the members of the Royal Institution aforesaid, for the time

being, shall be visitors of the said College; And We do further

will, ordain, and grant, that the said College shall be deemed

and taken to be an University, and that the Students in the said

College shall have liberty and faculty of taking the degrees of

Bachelor, Master, and Doctor in the several Arts and Faculties,

at the appointed time, and shall have liberty within themselves

of performing scholastic exercises, for the conferring of such

degrees, in such manner as shall be directed by the statutes,

rules, and ordinances of the said College; And We do by these

presents for Us, Our Heirs, and Successors, grant and declare

that these Our Letters Patent, or the enrolments or exemplifications

thereof shall and may be good, firm, and valid, sufficient and

effectual in the law according to the true intent and meaning

of the same, and shall be taken and construed and adjudged in

the most favourable and beneficial sense for the best advantage

of the said Governors, Principal, Fellows, and Scholars of the

said College at Montreal aforesaid, as well as in Our Courts of

Record, as elsewhere, and by all and singular Judges, Justices,

Officers, Ministers, and other subjects whatsoever, of Us, Our

Heirs, and Successors, any misrecital, nonrecital, omission, imperfection,

defect, matter, cause, or thing whatsoever to the contrary thereof,

in anywise notwithstanding, without fine or fee. great or small,

to be for the same in any manner rendered, done, or paid to Us

in Our hanaper or elsewhere to Our use.

And whereas it is deemed expedient for the interests of the

said College, and for the augmentation of its funds, and the better

and more easy management of its affairs and the government of

the said College, to make certain alterations in the provisions

of the said hereinbefore recited and existing Letters Patent,

which said Alterations are and have been assented to by the said

Royal Institution for the Advancement of Learning and by the said

Corporation of the said College:

Now Know Ye, that We, of Our Special Grace, certain Knowledge

and mere motion, have willed, ordained and granted, and by these

presents do, for Us, Our Heirs, and Successors, will, ordain and

grant, that henceforth from the date hereof, the members of the

Royal Institution aforesaid for the time being shall be and remain

Governors of the said College, and shall have and exercise all

and every the powers, authority and jurisdiction given and granted

unto the Governors nominated and appointed in and by the said

Letters Patent, save only in so far as the provisions of the said

Letters Patent in that behalf are or may be by these presents

altered; and shall also have and exercise all and every the powers,

authority and jurisdiction given and granted under and by virtue

of these presents;

And We do further by these presents for Us, Our Heirs, and

Successors, will, and ordain, that henceforth from the date hereof,

the Governor of Lower Canada, the Lieutenant Governor of Lower

Canada, the Lieutenant Governor of Upper Canada, the Bishop of

Quebec, the Chief Justice of Montreal, the Chief Justice of Upper

Canada, and the Principal of the said College, shall not, nor

shall any or either of them, as such Governor of Lower Canada,

Lieutenant Governor of Lower Canada, Lieutenant Governor of Upper,

Canada, Bishop of Quebec, Chief Justice of Montreal, Chief Justice

of Upper Canada, and Principal of the said College, be Governor

of the said College, or use or exercise any power, authority or

jurisdiction in or over the same in any manner or way whatsoever;

And We do further, by these presents, for Us, Our Heirs, and

Successors, will, ordain and grant, that the said College shall

consist of one Principal, of such and so many Professors in the

various Arts and Faculties as from time to time may be judged

necessary and expedient by the said Governors, and of Fellows,

Tutors and Scholars, in such numbers and at such Salaries, and

subject to such provisions, rules and regulations as shall be

appointed by the Statutes, Rules and Ordinances of the said College;

that save and except for the purposes hereinafter specially mentioned

and excepted, three of the said Governors shall be a sufficient

number to be present at any meeting for the transaction of the

ordinary business of the said College; that the determination

of all questions, matters and things submitted to the said Governors

at their meetings, shall be made by the votes of the majority

of those present, including the vote of the Governor presiding

at such meeting, who shall have a double or casting vote in the

case of an equality of votes thereat; that the President or Principal

for the time being of the said Royal Institution, in all cases

when present, shall preside at the said meetings, and in his absence

the member of the said Royal Institution first or senior in order

of appointment of those present at the meeting, shall preside

thereat; that the Principal and all the Professors of the said

College shall from time to time be elected by the said Governors

or the major part of them present specially convened and holden

for the purpose of such election, and shall and may hold their

respective offices subject to the right and power of amotion by

the said Governors for the time being, at a meeting specially

convened and holden for the said purpose; provided always that

no less than five of the said Governors shall be present at every

such special meeting for the purpose of election or amotion, and

that special notice in writing of the time, place and object of

every such special meeting, by the Secretary of the said College,

addressed to each of the said Governors, shall have been delivered

by the said Secretary into the Post Office of the said City of

Montreal at least fifteen days before the time appointed for such

meeting; that within forty-eight hours after every such election

or amotion, notice thereof in writing, sealed with the College

Seal, signed by the Secretary of the said College or in his absence

by the Governor who shall have presided at the meeting whereat

such election or amotion shall have been voted, and addressed

to Our Visitor of the said College hereinafter mentioned, for

the time being, shall be delivered into the Post Office of the

said City of Montreal; that every such election or amotion shall

be subject to the review of Our said Visitor, whose determination

thereon being signified in writing to the said Governors within

sixty days after such delivery as aforesaid at the said Post Office

of the City of Montreal, of the said notice of such election or

amotion, shall be final and conclusive unless the same by any

order or orders to be by Us, Our Heirs or Successors made in Our

or Their Privy Council shall be altered, revoked or disallowed

as hereinafter is provided; that during the said last mentioned

period of sixty days the said election or amotion, as the case

may be, shall have no force or effect; and that failing such signification

within the said last mentioned period, such election or amotion

shall be and be held and taken to be by him approved and confirmed;

And We do further by these presents for Us, Our Heirs and Successors,

will and ordain, that henceforth. from the date hereof such election

shall not be required to be notified to Us, Our Heirs, and Successors,

in the manner provided and required in and by the said Letters

Patent, or in any other manner whatsoever;

And we do further by these presents, for Us, Our Heirs and

Successors, will, ordain and grant, that the said Governors, Principal

and Fellows,. and their Successors for or ever, shall be one body

politic and corporate, by the name of "The Governors, Principal

and Fellows of McGill College," and by the said name shall

have perpetual succession, and a common seal, and shall by the

same name sue and be sued, implead and be impleaded, and answer

and be answered unto, in every Court of Us, Our Heirs and Successors,

henceforth from the date hereof, and shall no longer be known

by the name in the said Letters Patent mentioned, and shall retain

all and every the property, franchises, rights and privileges

granted under and by virtue of the said Letters Patent, and belonging

to the said Corporation immediately before the date hereof, and

shall be and remain liable to all claims and duties to which immediately

before the date hereof they were subject, save only in so far

as by these presents may be otherwise specially provided;

And We do further by these presents, for Us, Our Heirs, and

Successors, will, ordain and grant, to the said Governors, Principal

and Fellows, and their Successors, by the name aforesaid, full

authority and free license to have, take, purchase and hold, to

them and their Successors to and for the use of the said College,

a any goods, chattels or personal property whatsoever; and also

that by the name aforesaid they shall be able and capable in law,

notwithstanding any Statutes or Statute of mortmain, law, usage

or custom whatsoever to the contrary, to have, take, purchase

and hold to them and their Successors to and for the use of said

College, any other manors, rectories, advowsons, messuages, lands,

tenements, rents and hereditaments of what kind, nature, or quality

soever over and above the manors, rectories, advowsons, messuages,

lands, tenements, rents and hereditaments in the said Letters

Patent mentioned of the yearly value of Six thousand pounds above

all charges as in the said Letters Patent is set forth, but not

for the purpose or with the view of reaching the same; provided

always, that the whole shall not exceed the yearly value of Twelve

thousand pounds above all charges, such annual value to be calculated

and ascertained at the period of taking, purchasing or acquiring

the same;

And we do further by these presents, for Us, Our Heirs and

Successors, appoint as our Visitor in and over and for the said

College, Our Governor General of Our said Province of Canada,

for the time being, or in his absence the Administrator of the

Government of the same for the time being; who shall exercise,

use and enjoy all and every the powers and authority of a Visitor,

for and in the name and behalf of Us, Our Heirs and Successors,

of the said College in all matters and things connected with the

said College, as to him shall seem meet, according to the tenor

and effect of these presents, and of the laws in force in Our

Realm of England in relation to such powers and authority.

And We do further by these presents, for Us, Our Heirs and

Successors, revoke and annul the power and authority in and by

the said Letters Patent given and granted to the members for the

time being of the Royal Institution for the Advancement of Learning,

to be Visitors of the said College; and do will and ordain that

henceforth from the date of these presents the power and authority

so given and granted to the said members of the said Royal Institution

to be such Visitors, shall absolutely cease and determine, and

shall not be exercised or used by them or any of them.

And We do further by these presents, for Us, Our Heirs and

Successors, will, ordain and declare that the Statutes, Rules

and Ordinances from time to time framed and made by the said Governors

of the said College, touching the matters and things in the said

Letters Patent and in these presents enumerated, or any thereof,

or for the revoking, augmenting or altering of any Statutes, Rules

or Ordinances theretofore framed and made, so always as the same

be not repugnant to the Laws of Our Realm or of Our said Province

of Canada, or to the objects and provisions of this Our Charter,

shall have full force and effect, without the Allowance and Confirmation

of Us, Our Heirs and Successors, as ordained in and by the said

Letters Patent; provided always, that a certified Copy of all

such Statutes, Rules and Ordinances, sealed with the College seal

and addressed to Our said Visitor of the said College for the

time being, shall have been delivered into the Post Office of

the said City of Montreal, and that the same shall not have been

disallowed by Our said Visitor, and such disallowance signified

in writing to the said Governors, within sixty days after such

delivery of such Copy into the said Post Office.

And We do by these presents, for or Us, Our Heirs and Successors,

expressly save and reserve to Us, Our Heirs and Successors, the

power of receiving, and by any order or orders to be by Us, or

Them made in Our or Their Privy Council revising, confirming,

altering, revoking or disallowing, all or any of the decisions,

sentences or orders so as aforesaid from time to time by the said

Visitor to be made and rendered in reference to any such Statutes,

Rules and Ordinances, or the disallowing thereof, or in reference

to any matter or thing whatsoever, as to which any power or authority

is by these presents given and granted to him;

And We do by these presents, for Us, Our Heirs and Successors,

will, ordain and grant, that nothing herein contained shall be

held, construed or considered to have in any manner or way whatsoever

revoked, cancelled, abrogated or altered the provisions, powers,

authorities and grants in and by the said Letters Patent ordained

and granted, or any thereof, save and except in the particulars

hereinbefore specially and expressly set forth; but that all and

every the said provisions, powers, authorities and grants in and

by the said Letters Patent ordained and granted, shall subsist

and continue in full force and effect, save and except in the

particulars aforesaid, in the same manner as if these Our Letters

Patent had never been made, ordained or granted; And We do further

by these presents for Us, Our Heirs and Successors, grant and

declare that these Our Letters Patent, or the enrolment or exemplification

thereof, shall be in all things valid and effectual in the Law

according to the true intent and meaning of the same, and shall

be taken construed and adjudged in the most favorable and beneficial

sense for the best advantage of the said College, and of the said

Governors, Principal, Fellows and Scholars thereof, as well in

Our Courts of Record as elsewhere, and by all and singular judges,

Justices, Officers, Ministers and other subjects whatsoever of

Us, Our Heirs and Successors, any mis-recital, non-recital, omission,

imperfection, defect, matter, cause or thing whatsoever to the

contrary thereof in any wise notwithstanding.

In witness whereof We have caused these Our Letters to be made

Patent.

Witness Ourself at Our Palace at Westminster, this sixth day

of July, in the sixteenth year of Our Reign. (1852.)

By Her Majesty's command,

(Signed,)

EDMUNDS.

Note: This copy of McGill's Royal Charter has

been scanned and edited from McGill University: Charters Provincial

Statutes and Various Agreements (1934).

<CENTER>31 October 1998</CENTER>

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