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STANTON. 1831. ^o'Q^i^^ H-o?,^ H- OCT 1 9 W I VTfTMmmT - 1 BW i r.u.,1 THE € H A R T K R, &fC, GEORGE THE FOURTH, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, and so forth, to all to whom these Presents shall come. Greeting :— Whereas the establishment of a Col- lege within our Province of Upper Ca- nada in North America, for the Education of Youth in the Principles of the Chris- tian Religion, and for their instruction in the various branches of Science and Litera- ture which are taught in our Universities in this Kingdom, would greatly conduce to the welfare of our said Province : And WHEREAS humble application hath been made to Us by many of our loving Subjects in our said Province, that we would be pleased to grant our Royal Charter for the more perfect establishment of a College therein, and for Incorporating the mem- bers thereof for the purposes aforesaid : Now know ycy that We, having taken the premises into our Royal consideration, and duly weighing the great utility and im- portance of such an Institution, have, of our special grace, certain knowledge, and mere motion, ordained and granted ; and do by these presents, for Us, our Heirs and Successors, ordain and grant, that there shall be established at or near our Town of York, in our said Province of Upper Canada, from this time ^j^ Col- lege,' with the style and privileges of an University, as hereinafter directed, for the education and instruction of youth and / students in arts and faculties, to continue for ever, to be called " King's College." And We do hereby declare and grant, that our trusty and well-beloved, the Right Reverend Father in God, Charles James, Bishop of the Diocese of Quebec, or the Bishop for the time being of the Diocese in which the said Town of York may be situate, on any future division or alteration of the said present Diocese of Quebec, shall for Us and on our behalf be Visitor of the said College ; and that our trusty apd well-beloved Sir Peregrine Maitland, our Lieutenant-Governor of our said Pro- vince, or the Governor, Lieutenant-Go- vernor, or other persons administerir.'v tLa Government of our said Province for the time being, shall be the Chancellor of our said College. And We do hereby declare, ordain, and grant, that there shall at all times be one President of our said'College, who shall 6 V be a Clergyman in Holy Orders of tlie United Church of England and Ireland ; and that there shall be such and so many Professors in different arts and faculties within our said College, as from time to time shall be deemed necessary or expe- dient, and as shall be appointed by Us or by the Chancellor of our said College, in our behalf, and during our pleasure. And We do hereby grant and ordain, that the Reverend John Strachan, Doctor in Divinity, Archdeacon of York, in our said Province of Upper Canada, shall be the first President of our said College, and— the Archdeacon of York, in our said Pro- vince for the time being, shall, by virtue of such his office, be at all times the Presi- dent of the said College. And We do hereby, for Us, our Heirs and Successors, will, ordain and grant, that the said Chancellor and President, and the said Professors nf our said Collp£r<^, ( the land ; many ultics ne to expc- Us or ?e, in rdain, 'octor 1 our ill be ', and — ' Pro- firtuc Presi- Heirs jrant, ident, llpgp, and all person. «Uo shall be duly uiatncu- latcd into and admitted as scholars of our said College, and their successors for ever, shall be one distinct and separate body politic and corporate in deed and in name, by the name and style of " the Chancellor, President, and Scholars of King s Col- lege at York, in the Province of Upper Canada ;" and that by the same name they shall have perpetual succession and a com- mon Seal ; and that they and their suc- cessors shall from time to time have full power to alter, renew, or change such common Seal at their will and pleasure, and as shall be found convenient ; and that by the same name they, the said Chancel- lor. President and Scholars, and their successors from time to time, and at all times hereafter, shall be able and capable to have, taJie, receive, purchase, acquire, hold, possess, enjoy and maintam, to and for the use of the said College, any mes- 8 suages, lands, tenemejils, and heredita- ments of what kind, nature or qiieMty soever, situate and being within our said Province of Upper Canada, so as the same do not exceed in yearly value the sum of Fifteen Thousand Pounds Sterling above all charges ; and moreover, to take, pur- chase, acquire, have, hold, enjoy, receive, possess and retain, all or any goods, chat- tels, charitable or other contributions, gifts or benefactions whatsoever. And We do hereby declare and grant, that the said Chancellor, President and Scholars, 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 or be answered, in all or any Court or Courts of Record within our United Kingdom of Great BTitain and Ireland, and our said Province of Upper Canada, and other our dominions, in all and singular actions, causes, pleas, suits, 9 maltevs and demands whatsoever, of what nature or kind soever, in as large, ample, and beneficial a 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 sue, im- plead or answer, or be sued, impleaded or answered, in any manner whatsoever. And We do hereby declare, ordain and grant, that there shall be within our said College or Corporation, a Council, to be called and known by the name of " the College Council ;" and we do will and or- dain that the said Council shall consist of the Chancellor and President for the time being, and of seven of the Professors in arts and faculties of our said College ; and that such seven Professors shall be Mem- bers of the Established United Church of England and Ireland ; and shall, previ- ously to their admission into the said Col- lege Council, severally sign and subscribe B /I ^^■fjJ- r f 10 \ the Thirty-nine Articles of Rehgion as declared and set forth in the Book of Common Prayer ; and in case at any time there should not be within our said Col- lege seven Professors of arts and faculties, being members of the Established Church aforesaid, then our will and pleasure is, and We do hereby grant and ordain, that the said College Council shall be filled up to the requisite number of seven, exclusive of the Chancellor and President for the time being, by such persons, being gradu- ates of bur said College, and being mem- bers of the Established Church aforesjiid, as shall for that purpose be appointed by the Chancellor for the time being of our said College ; and which Members of Council shall in hke manner subscribe the Thirty nine Articles aforesaid, previously to their admission into the said College Council. And whereas it is necessary to make provision for the completion and filling up 11 of ilio liaiil Council at the fiv^t institution of our said College, and previously to the appointment of any Professors, or the con- ferring of any degrees therein ; now Wc do further ordain and declare, that the Chancellor of our said College for the time being shall, upon or immediately after the first insiituiioft thereof, by war- rant under his hand, nominate and appoint seven discreet and proper persons, resident within our gaid Province of Upper Canada, to constitute jointly with him, the said Chancellor, and the President of our said College for the time being, the first or ori- ginal Council of our said College ; which first or original members of the said Coun- cil shall in like manner respectively sub- scribe the Thirty-nine Articles aforesaid, previously to thcr admission into the said Council. And Wc do iurlhcr declare and grant, tho.t the mombor? of the soid College •4 ^ 12 Council, holding within our said College the offices of Chancellor, President, or Professor in any art or faculty, shall respectively hold their seats in the said Council, so long as they and each of them shall retain such their offices as aforesaid, and no longer ; and that the members of the said Council, not holding offices in our said College, shall from time to time vacato their seats in the said Council, when and so soon as there shall be an adequate num- ber of Professors in our said College, being members of the Established Church afore- said, to fill up the said Council to the re- quisite number before mentioned. And We do hereby authorise and em- power the Chancellor for the time being, of our said College, to decide in each case, what particular member of the said Coun- cil, not holding any such office as aforesaid, shall vacate his seat in the said Council, upon the admission of any new member of Council holding any such office. 13 And We do hereby declare aud grant, that the Chancellor, for the time being, pf our said College, shall preside at all meet- ings of the said College Council, which he may deem it proper or convenient to attend ; and that, in his absence, the President of our said College shall preside at all such meetings ; and that, in the absence of the said Fresident, the senior member of the said Council, present at any such meeting, shall preside thereat ; and that the seniority of the members of the said Council, other than the Chancellor and President, shall be regulated according to the date of their respective appointments. Provided always, that the members of the said Council, being Professors in our said College, shall, in the said Council take precedence over, and be considered as seniors to the members there- of, not being Professors in our said College. Aud Wc do ordain and declare, that no meeting of the said Council shall be, or bo 14 held to be, a lawful meeting lliercof, unless five members, at the least, be present du- ring the whole of every such meeting : And that ail questions and resolutions proposed for the decision of the said College Council, shall be determined by the majority of the votes of the members of Council present, including the vote of the presiding member; and that in the event of an equal division of such votes, the member presiding at any such meeting shall give an additional or casting vote. And We do further declare, that if any member of the said Council shall die, or resign his scat in the said Council, or shall be suspended, or removed from the same, or shall, by reason of any bodily or mental infirmity, or by reason of his absence from the said Province, become incapable, for three calendar months, or upwards, of at- tending the meetings of the said Council ; then, and in every such casr, o lit and 15 proper person shall be appointed by the said Chancellor to act as, and be, a mem- ber of the said Council in the place and stead of the member so dying or resigning, or so suspended or removed, or incapaci- tated as aforesaid ; and such new member succeeding to any member, so suspended or incapacitated, shall vacate such his office on the removal of any such suspension, or at the termination of any such incapacity as aforesaid, of his immediate predecessor in the said Council. And We do further ordain and grant, that it shall and may be competent to and for the Chancellor, for the time being, of our said College, to suspend from his seat in the said Council any member thereof for any just ana reasonable cause to the said Chancellor appearing. Provided, that the grounds of every such suspension shall be entered and recorded at length by the said Chancellor in the books of the said mi 16 i( Council, and signed by him. And every person so suspended shall thereupon cease to be a member of the said Council, unless and until he shall be restored to, and re- established in, such his station therein by any order to be made in the premises by Us, or by the said Visitor of our said College, acting on our behalf, and in pursuance of any special reference from Us. And We do further declare, that any member of the said Council, who, without sufficient cause, to be allowed by the said Chancellor, by an order entered for that purpose on the books of the said Council, shall absent himself from all the meetings thereof, which may be held within any six successive calendar months, shall thereupon vacate such his seat in the said Council. And We do by these prcsnts for Us, our heirs and successors, will, ordain and grant, that the said Council of m said College shall have power and authority to frame 17 and make Statutes, Rules and Ordinances, touching and concerning the good govern- ment of the said College, the performance of divine service therein, the studies, lec- tures, exercises, degrees in arts and facul- ties, and all matters regarding the same, the residence and duties of the President of our said College, the number, residence and duties, of the Professors thereof, the management of the revenues and property of our said College, the salaries, stipends, provision and emoluments of, and for the President, Professors, Scholars, Officers and Servants thereof, the number and du- ties of such Officers and Servants, and also touching and concerning any other matter or thing which to them shall seem good, fit and useful, for the well being and ad- vancement of our said College, and agree- able to this our Charter : And also, from time to time, by any new statutes, rules qr ordinances, to revoke, renew, augment of c 1 ugmmammmme^mm 18 altnr, all, evoiy, or any of the said statutes, rules and ordinances, as to them shall seem meet and expedient. Trovidcd always, that the said statutes, rules and ordinances, or any of them, shall not be repugnant to the laws and statutes of the United Kinff- doms of Great Britaiii and Ireland, or of our said Province of Upper Canada, or to this our Charter. Provided also, that the said statutes, rules and ordinances, shall be subject to the approbation of the said Visitor of our said College for the time being ; And shall be forthwith transmitted to the said Visitor for that purpose : And that in case the said Visitor shall for Us, and on our behalf in writing, signify his disapprobation thereof, within two years of the time of their being so made and framed, the same, or such part thereof as shall be so disapproved of by the said Vi- sitor, shall, from the time of such disappro- bation being made known to the said L 19 Clianccllor of our said College, be utterly void and of no effect, but otherwise shall be, and remain in full force and virtue. Provided nevertheless, and we do hereby expressly save and reserve to Us, our heirs and successors, the power of reviewing, confirming or rftversinff, by any order or orders, to be by Us or them made in our or their Privy Council, all or any of the decisions, sentences or orders, so to be made as aforesaid, by the said Visitor, for Us and on our behalf, in reference to the said statutes, rules and ordinances, or any of them. And We do further ordain and declare, that no statute, rule or ordinance, sh^ll be framed or made by the said College Coun- cil, touching the matters aforesaid, or any of them, excepting only such as shall be proposed for the jnsideration of the said Council by the Chancellor for the time being of our said College. \ i MmmxM...mi uncr" i 20 i And We do require and enjoin the said Chancellor thereof to consult with the Pre- sident of our said College, and the next setiior member of the said College Council, respecting all statutes, rules and ordi- nances, to be proposed by him to the said Council for their consideration. And We do hereby, for Us, our heirs and successors, charge and command that the statutes, rules and ordinances, afore said, subject to the said provisions, shall be strictly and inviolably observed, kept and performed, from time to time, in full vigour and effect, under the penalties to be thereby or therein imposed or contained. And We do further will, ordain and grant, that the said College shall be deemed and taken to be an University, and shall have and enjoy all such and the like pri- vilegies as are enjoyed by our Universities of our United Kingdom of Great Britain and Ireland, as far as the same are capable 21 of being had or enjoyed by virtue of these our Letters Patent. 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 times ; and shall have liberty within themselves of per- forming all scholastic exercises, for the con- ferring such degrees in such rmnner as shall be directed by the statutes, rules, and ordinances of the said College. And We do farther will, ordain, and appomt, that no religious test or qualifica- tion shall be required of, or appointed for, any persons admitted or matriculated as Scholars within our said College, or of persons admitted to any degree in any art or faculty therein, save only, that all per- sons admitted within our said College to any degree in Divinity, shaU make such and the same declarations and subscrip. tions, and take such and the same oaths. \- \l 22 ' as are required of persons admitted to any degree of Divinity in our University of Oxford. And We do further will, direct, and or- dain, that the Chancellor, President, and Professors of our said College, and all per- sons admitted therpin to thp di^groe of Master of Arts, or to any degree in Divi- nity, Law, or Medicine, and who, from the time of such their admission to such de- gree, shall pay the annual sum of twenty shillings, sterling money, for and towards the support and maintenai.ce of Lie said College, shall be, and be deemed, taken, and reputed to be. Members of the Convo- cation of the said University ; and as such members of the said Convocation shall have, exercise, and enjoy, all such and the like privileges as are enjoyed by*the mem- bers of the Convocation of our University of Oxford, so far as the same are dhpable of being had and enjoyed, by virtue of 23 these uur Letters Patent, and consistently with the provisions thereof. And we will, and by these presents for Us, our heirs and successors, do grant and declare, that these our Letters Patent, or the enrolment or exempUfication thereof, shall and may he good, firm, valid, suffi- cient, and eftectuai in the law, according to the true intent and meaning of the same ; and shall be taken, construed, and adjudged, in the most favourable and bene- ficial sense, for the best advantage of the said Chancellor, President,' and Scholars, of our said College,^ as well in our Courts of Record, as elsewhere, and by all and singular Judges, Justices, Officers, Minis- ters, 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 any wise notwithstand- ing. i" r.i I; 24 In witness whereof, We have cauaed these our Letters to be made Patent. Witness ourself at Westminster, the fifteenth day of March, in the eighth year of our reign. By writ of Privy Seal, (Signed) BATHURST, 'I Printed by R. Stawtow, York Upper Canada.