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 Cornell University LIbirary 
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 Educational legislation and adminlstrati 
 
 olin 
 
 3 1924 030 605 632 
 
The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://archive.org/details/cu31924030605632 
 
I^r^^u mjir^^ 
 
 COLUMBIA UNIVERSITY CONTRIBUTION^ ^^ ^ ^L 11'^ 
 TO 
 PHILOSOPHY, PSYCHOLOGY AND EDUCATION 
 
 Vol. 6 Nos. 1-4 
 
 EDUCATIONAL LEGEATION ADD ADMINISTRATION 
 
 OF THE 
 
 COLONIAL GOVERNMENTS 
 
 BY 
 
 ELSIE "W. CLEWS. Ph. D.. 
 
 May, 1899 
 
 The Macmillan Co., 66 Fifth Avbnub, New York 
 
 Mates and MtJLLER, Mark&rafenstbasse, Beelikt 
 
 Price $2 
 
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COLUMBIA UNIVERSin CONTRIBUTIONS 
 
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1-4 
 
 EDUCATIONAL LECISLATION AND ADMINISTRATION 
 
 OF THE 
 
 COLONIAL GOVERNMENTS 
 
COLUMBIA UNIVERSITY CONTRIBUTIONS 
 
 TO 
 
 PHILOSOPHY, PSYCHOLOGY AND EDUCATION 
 Vol.. 6 Nos. 1-4 
 
 EDDCATIONAL LEGISLATION AND ADMINISTRATION 
 
 OF THE 
 
 COLONIAL GOVERNMENTS 
 
 BY 
 
 ELSIE W. CLEWS Ph. D., 
 
 May, 1899 
 The Macmillan Co., 66 Fifth Avenue, New York 
 Mayeb and MCllek, Markgkafenstrasse, Berlin 
 Price $2 
 K3 
 
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PREFACE 
 
 In spite of the emphasis that in recent years has fallen upon 
 the significance of educational history, the history of American 
 education is as yet unwritten. On closer thought, however, 
 this delay is not at all surprising. The very realization of the 
 weight of educational theory and practice as factors in social 
 evolution must occasion hesitation in the undertaking of any 
 educational history. Moreover, since a people's educational 
 system is so intricately woven into its whole social system and 
 is so entirely the expression and outcome of the whole social 
 life, it would seem as if the historian of our national education 
 were driven to make great requisitions upon the work of our 
 national historians. Is it impertinent, at this point, to suggest 
 that from the sociological point of view at any rate, and that 
 is the necessary point of view of educational thought, the story 
 of American civilization, as well as that of its educational 
 phase, remains untold ? ^ 
 
 In a country of representative government one of the most 
 fruitful and available means of historical study for the socio- 
 logist lies in the tracing out of the development of important 
 social principles through a continuous process of legislation. 
 Single acts of legislation indicate little; but the history of suc- 
 cessful and unsuccessful legislation on any given subject cannot 
 fail to point out the course of a society's thought and activity 
 in relation to such subject. In this view I have endeavored, 
 in the following account of the educational legislation of the 
 
 1 In effect, the new conception of social growth which the science of sociology 
 is giving us will before long necessitate the rewriting of universal history. 
 
 (V) 
 
yj PREFACE 
 
 central governments of the American colonies, to put into 
 available shape the records of that legislative interest in edu- 
 cation which was at times the formulation of, and at times 
 the stimulus to, the colonists' educational efforts. 
 
 But this endeavor has taken the form of a compilation, not 
 a history. A history of the educational legislation of the 
 colonial governments would demand a far greater knowledge 
 of the general legislative history of the colonies than I possess. 
 It would demand a profound insight into the highly complex 
 relations of legislation to popular thought and habit. And 
 such an insight would in turn depend upon a closer and fuller 
 analysis of the characteristics of the American colonists than 
 the historian has hitherto made. Moreover, as all colonial 
 institutions are in major part imitative,^ and as the character 
 of the colonist is the result of inheritance as well as of adopted 
 environment, the social histories of England, Scotland, Holland, 
 Sweden, France, Germany must lie open to the student of 
 American colonial education. But, in fact, the social history 
 of those parent countries, or that part at least of their social 
 history which may properly be called their educational his- 
 tory,' is still unburied treasure; and yet, until we appreciate, 
 for example, the social aims and standards which were em- 
 
 1 Social imitation may be both conscious and unconscious. The college and 
 school of the theocratic New England commonwealth were the outcome of con- 
 scious, critical imitation; the college and school of the aristocratic crown colony 
 of Virginia, of unconscious, uncritical imitation. In the educational activities 
 of the colonies many varieties of both types are to be found. To the student 
 of social imitation American colonization is the richest of all fields of observation. 
 
 ' Obviously, by educational history I do not mean merely the account of the 
 development of a scholastic system. Educational history may be in making with- 
 out the founding of a single school. The most primitive of societies soon learn 
 that the training of their young Is one of the readiest means to the satisfaction 
 of their wants. Therefore the educational history of a society begins as soon as 
 the process of social selection, the adoption of social means of satisfying social and 
 individual wants, begins to encroach upon the process of natural selection, the un- 
 conscious and instinctive satisfaction of individual wants. In this sense, the his- 
 tory of education is the history of social selection. 
 
PREFACE vii 
 
 bodied in the grammar schools and endowed foundations of 
 old England, shall we be able to understand the development 
 of the town school of New England or of the charity school 
 of the Southern colony? How can we comprehend the rela- 
 tions of the College of William and Mary, of Harvard and 
 Yale Colleges to the people of Virginia, of Massachusetts and 
 Connecticut, until we have given careful and detailed study to 
 the growth of the college foundations of the Universities 
 of Oxford and Cambridge ? Can we understand the meaning 
 of the early attempts at industrial education in the colonies 
 without a knowledge of the economic conditions of the parent 
 countries, or without close inquiry into the bearing of the poor 
 laws and apprenticeship laws of those countries upon their 
 industrial systems ? Finally, can we obtain any realization 
 whatsoever of the educational aim and purpose of the Amer- 
 ican colonists without a deep insight into the profound influ- 
 ences of the Reformation in England and Holland ? Queries 
 such as these, and such as are suggested by the relation of the 
 governing agencies of the parent countries, of the sovereign, 
 the legislature and the local administrative board or officer, 
 towards education, demand solution as the indispensable in- 
 troduction to a study of educational legislation in America. 
 
 In emphasizing colonial tradition, I do not wish to belittle 
 the great part played by environment in colonial education. 
 The reader of the following records can not fail to question 
 how it happened that the colonists of New Hampshire and 
 Rhode Island, although of the same Puritan stock as the zeal- 
 ous settlers in the Bay, were so backward in educational legis- 
 lation, or why it was that the charity idea continued to attach 
 to the schools of the South long after it had disappeared from 
 the educational thought of the Northern colonies, or how it 
 came about that in spite of the liberal and enlightened educa- 
 tional views of the early rulers of Pennsylvania, the greater 
 part of the eighteenth century saw the arrest of all attempt to 
 establish public education in that colony. For the answering 
 
viii PREFACE 
 
 of such questions and of a hundred others of more or less 
 scope and detail, a wide knowledge of colonial environment 
 will alone suffice. 
 
 From such considerations it becomes readily apparent what 
 a profound knowledge of colonial circumstance and tradition 
 will be needed by the future historians of early American 
 education. Their labor can not fail to be enormous. And 
 yet their reward will prove commensurate. It will be stamped 
 with a twofold significance. Through the history of the edu- 
 cation of our forefathers, we may obtain a deeper insight into 
 the complex American character and civilization of our own 
 day, an insight essential to all those who would be influential 
 in the development of our national character and civilization ; 
 and through the forceful realization of the chief end and aim 
 of all colonial education as that o{ public usefulness and service, 
 a realization which is borne in upon us at every turn of our 
 early educational history, we may be enabled to add new 
 meaning and vigor to our thought and effort in behalf of the 
 ethical needs of the American people. 
 
 In glancing over the table of contents of this volume, the 
 reader will at once observe that it contains no reference to the 
 educational legislation of the colony of Georgia. Georgia was 
 not settled until 1733, and with the exception of a rejection by 
 the Crown of a petition for the establishment of a collegiate 
 institution,' I have been unable to find in the brief records of 
 this colony any reference whatsoever to a relation between its 
 government and the education of its people. 
 
 In the following compilation reference has been made 
 
 1 This petition was submitted in 1765 in behalf of a charter for the Bethesda 
 Orphan House. (Education in Georgia, p. 14, Charles Edgeworth Jones. Bureau 
 of Education, Circular IV., 188S.) 
 
PREFACE ix 
 
 whenever possible to the primary sources, but as the printed 
 records of the colonies are very incomplete, and as I have been 
 unable to consult the manuscript records, I have been forced 
 to rely in a few instances upon the most accurate of the secon- 
 dary sources of authority. 
 
 I am greatly indebted to Dr. Nicholas Murray Butler and 
 to Dr. Herbert L. Osgood for their kind encouragement and 
 helpful suggestions. 
 
TABLE OF CONTENTS 
 
 PAGE 
 
 Preface v 
 
 Massachusetts 7 
 
 conneciicut 72 
 
 New Hampshire 164 
 
 Rhode Island 185 
 
 New Netherlands and NEWJiYoRK 198 
 
 Pennsylvania 278 
 
 Delaware 313 
 
 New Jersey 317 
 
 Virginia 348 
 
 Maryland 407 
 
 South Carolina 441 
 
 North Carolina 479 
 
 Appendix A. Table of Grants and Appropriations]|of the Colo- 
 nial Governments to Colleges and Schools 501 
 
 Appendix B. Authorities Quoted 502 
 
 General Index 507 
 
 (xi) 
 
MASSACHUSETTS 
 
 HARVARD COLLEGE 
 
 The permanent colonization of Massachusetts began in 1620 
 with the settlement of a company of English Puritans at Ply- 
 mouth.' Eight years later settlements were made at Salem 
 and Charleston under a grant made by the Council of New 
 England to divers English merchants of London and Devon. 
 
 In 1629 this company was incorporated by the King as the 
 Governor and Company of Massachusetts Bay in New Eng- 
 land. In 1630 the corporation removed to the home of the 
 colonists. To the share-holders were allotted larger land- 
 holdings, but all the freemen had a voice in the government 
 of the colony, at first directly and then through representation. 
 Two deputies from each town were elected by the freemen. 
 At a yearly court of election the governor, deputy governor, 
 and 18 magistrates were elected by the' General Court, ?'. ^., 
 deputies, magistrates, governor and deputy governor. In 1644 
 deputies and magistrates were divided into two distinct bodies." 
 The General Court was authorized by the charter of the com- 
 pany to enact laws and ordinances for the general welfare 
 of the colony. 
 
 At a session held at Boston, October 28, 1636, the Court 
 
 ' Plymouth colony was united to the province of Massachusetts in 1691. Al- 
 though there were 12 towns and a population of 5000 under the Plymouth juris- 
 diction in 1665, it was not until 1673 that the central government made any pro- 
 vision for education. In that year, the court voted for the setting up of a public 
 school in the town of Plymouth to be supported by the revenue from the Cape 
 Fishery. {History of New England, III, 35, 36, 99. John G. Palfrey, Bos- 
 ton, 1892, and Plymouth Colony Records, XI, 233, 237.) 
 
 2 Palfrey's History, I, 287-88, 290, 291, 312, 354. 
 
 (7) 
 
8 EDUCATION IN THE COLONIES 
 
 "agreed to give ^400 toward a school or college, whereo 
 ;!C200 to be paid the next year, and i^200 when the work is 
 finished, and the next Court to appoint where and what 
 building."' 
 
 At a General Court met on November 15, 1637, "the college 
 is ordered to be at Newtown."^ The following year the Court 
 changes the name of Newtown to Cambridge.' 
 
 On November 20, 1637, Governor Winthrop, Deputy-Gov- 
 ernor Dudley, Treasurer Bellingham, Mr. Humphrey, Mr. 
 Herlakenden, Mr. Stoughton, Mr. Colton, Mr. Wilson, Mr. 
 Davenport, Mr. Wells, Mr. Shepherd, Mr. Peters, "or the 
 greater part of them whereof Mr. Winthrop, Mr. Dudley or 
 Mr. Bellingham to be always one," are appointed a committee 
 " to take order for a college at Newtown." * 
 
 In 1638, "the Rev. Mr. John Harvard, sometime minister of 
 God's word at Charlestown, by his last will and testament, gave 
 towards the erecting the abovesaid school or college the one 
 moiety or half part of his estate, the said moiety amounting to 
 the sum of ;£'729 19s. 2d."* 
 
 As a result of this gift it is ordered in General Court March 
 13. 1639, "that the college agreed upon formerly to be built 
 at Cambridge shall be called Harvard College."* 
 
 1 Records of the Governor and Company of the Massachusetts Bay in New 
 England, I, 183. Edited by Nathaniel B. SliurtlefiF, M. D., Boston, 1853. 
 
 According to the colony treasurer's accounts in 1644, only £i\,\ 156. of this 
 sum had been paid into the college treasury. (Given by President Quincy in App 
 I, vol. I, p. 455 of his History of Harvard University from College Book no. I, p. 
 9.) See Kec.,\\,2Z. On November 13, 1644, the Court ordered the colony 
 treasurer to pay over to President Dunster ;^I50 "out of the money due for the 
 children sent out of England, to be expended for a house to be built for the said 
 president, in part of the ;^400 promised unto him for his use to belong to the col- 
 lege." (//5jV., II, 84.) 
 
 2 Ibid., I, 208. 3 JtiJ_^ I^ 22jj , j^^j_^ j_ ^ j^_ 
 
 5 Quoted by President Quincy in App. I. of his History of Harvard University, 
 I, 451, from College Book, no. Ill, p. i. John Harvard also bequeathed his en. 
 tire library of 260 volumes to the College. 
 
 '■Rec.,\, 253. 
 
MASSACHUSETTS g 
 
 At this time Mr. Nathaniel Eaton was in charge of the col- 
 lege, and on June 6, 1639, the Court granted 500 acres to him 
 and his heirs on condition that he would continue his employ- 
 ment for life.' Only three months later, however, on September 
 9th, " Mr. Nathaniel Eaton being accused for cruel and barbar- 
 ous beating of Mr. Naza. Briscoe [usher to Mr. Eaton] and for 
 other neglecting and misusing of his scholars, it was ordered 
 that Mr. Eaton should be discharged from keeping of school 
 with us without license ; and Mr. Eaton is fined to the country 
 ;^66 13s. 4d, which fine is respited till the next Court, unless 
 he remove the mean while. The Court agreed Mr. Eaton 
 should give Mr. Naza. Briscoe ;£'30 for satisfaction for the 
 wrong done him and to be paid presently." ' 
 
 The Court proceeded to appoint a committee to " call Mr. 
 Nathaniel Eaton to account the beginning of the next week," 
 and a committee for this purpose was continued by the Court 
 on November 5th of this year,' and on October 7th of the year 
 following.* 
 
 Mr. Samuel Shephard was appointed by the General Court* 
 to fill Mr. Eaton's place until the autumn of 1640, when the 
 Rev. Henry Dunster accepted the call to be president of Har- 
 vard College.^ 
 
 On October 7, 1640, " the ferry between Boston and Charles- 
 town is granted to the College."' Two years later, on Septem- 
 
 1 JMd., I, 262. In 1637 Mr. Eaton was freed from assessment, it having been 
 left to his discretion " what he will freely give." {^Ibid., I, 210.) 
 
 '/6id.,I,2j^. » //5zV., I, 277. • 7(}zV/., I, 302. 
 
 sQuincy, I, 14. 
 
 *A History of Harvard University, App., 79. Benjamin Pierce, A. M , Cam- 
 bridge, 1833. 
 
 ''Bee, I, 304. Mr. Samuel Shephard stated in his accounts for the year 1639 
 [?] that he had received ;^50 from the Ferry. (Quincy's History, I, App. I, 
 453.) The management of the Ferry seems to have been very troublesome to the 
 college people. In answer to President Dunster's petition in 1647, the Court ap- 
 pointed a committee " to examine the ferrymen of Charlestown, therefore they make 
 such complaints to the President as tends [sic] to the loss and damage of the Col- 
 
I o ED UCA TION IN THE COL ONIES 
 
 ber 27, 1642, the General Court, considering the fact that of the 
 six magistrates and six elders who had been appointed in 1637 
 to order th€ college at Cambridge, some had removed out of 
 the jurisdiction, ordered " that the Governor and Deputy for 
 the time being, and all the magistrates of this jurisdiction, to- 
 gether with the teaching elders of the six next adjoining towns, 
 that is, Cambridge, Watertown, Charlestown, Boston, Roxbury 
 and Dorchester, and the president of the College for the time 
 being, shall have from time to time full power and authority to 
 make and establish all such orders, statutes and constitutions 
 as they shall see necessary for the instituting, guiding and 
 furthering of the said college and the several members thereof 
 from time to time in piety, morality and learning ; as also that 
 they shall have full power to dispose, order and manage, to 
 the use and behoof of the said college and members thereof, 
 all gifts, legacies, bequeathals, revenues, lands and donations, 
 as either have been, are, or shall be conferred, bestowed, or 
 any ways shall fall to the said college ; and whereas it may 
 come to pass that many of the said magistrates and elders 
 may be absent, or otherwise empiled in weighty affairs, when 
 the said college need their present help, council and authority, 
 therefore it is ordered, that the greater number of the said 
 magistrates, elders and president shall have the power of the 
 whole ; provided, also, that if any constitution, order, or orders 
 shall be made, that is found hurtful to the said college, or the 
 members thereof, or to the weal public, that then, upon the 
 appeal of the party or parties aggrieved to the said overseers, 
 that they shall appeal the said order or orders at their next 
 meeting, or stand accountable thereof to the next General 
 Court." ' 
 
 lege." {Rec, II, 200.) In May, 1650, the court told President Dunster that 
 they were unable to alter the agreements with the ferrymen, as he had desired 
 (^Ibid., IV, Pt. I, 12); but in the following October they empowered Mr. Dunster 
 to dispose of the ferry " by lease or otherwise," at the expiration of the existing 
 lease, (/ijo'., IV, Pt. I, 30.) 
 1 Ibid., II, 30. 
 
MASSACHUSETTS I I 
 
 Through Mr. Shephard, pastor of the church in Cambridge, 
 President Dunster appealed to the Commissioners of the 
 United Colonies to use their influence in behalf of the College.' 
 The following order made by the General Court on November 
 13, 1644, was one of the results of this appeal : 
 
 " Upon advice from the Commissioners of the United Col- 
 onies for general care to be taken for the encouragement of 
 learning and maintenance of poor scholars in the college at 
 Cambridge, 
 
 " It is ordered, that the deputies shall commend it to the 
 several towns (and the elders are to be desired to give their 
 furtherance hereto) with declaration of the course which was 
 propounded by the said Commissioners, and hath been put in 
 practice already by some of the other colonies, viz.: of every 
 family allowing one peck of corn, twelve pence in money, or 
 other commodity, to be sent in to the Treasurer, for the col- 
 lege at Cambridge, or where else he shall appoint, in Boston, 
 or Charlestown."' 
 
 During his administration President Dunster repeatedly 
 petitioned the government of Massachusetts, as well as the 
 Commissioners of the United Colonies, for aid for the College. 
 
 In 1647, the General Court stated, in answer to a petition 
 that had been presented by Mr. Dunster, that the colony was 
 in debt to the College to the extent of ^379 i6s, £\},i having 
 been entrusted to the colony treasurer for the College by 
 " several donors in England," £\()0 i6s. being arrears of the 
 colony's annual subscription to the College, and £^^6 " in rela- 
 tion to the President having fallen short so much of that 
 which he should have received annually from the country." 
 In view of these facts, the Court ordered that according to Mr. 
 Dunster's request, ;^50 should be paid to Mr. Davison, and 
 that the remaining sum should be paid to the College directly, 
 
 1 Siate Papers of the United States of America, 11, 17, 84. Ebenezer Hazard, 
 A. M., Philadelphia, 1794. 
 " Rec, II, 86. 
 
J 2 EDUCATION IN THE COLONIES 
 
 'Or if it remained in the colony treasury, it should pay interest 
 to the College at the rate of 8 per cent.' At the same time the 
 Court opines that " we conceive it very necessary that such as 
 studies physics or chirurgery, may have liberty to read 
 anatomy, and to anatomize once in four years some malefactor, 
 in case there be such as the Court shall allow of "^ 
 
 Three years later, on May 30, 1650, the Court granted Pres- 
 ident Dunster's petition (i) in directing Mr. Danforth, the sur- 
 veyor of Cambridge, to serve on a committee to lay out a piece 
 of land which Mr. Stoughton had bequeathed to Harvard 
 College ; (2) in exempting the College from certain customs ; 
 (3) in ordering the annual appropriation of £\<X) to be paid 
 over to the College ; ^ (4) in incorporating the institution in 
 the following terms : 
 
 " Whereas, through the good hand of God, many well- 
 devoted persons have been, and daily are, moved and stirred 
 up to give and bestow sundry gifts, legacies, lands and reve- 
 nues for the advancement of all good literature, arts and 
 sciences in Harvard College, in Cambridge, in the county of 
 Middlesex, and to the maintenance of the president and fellows, 
 and for all accommodations and all other necessary provisions 
 that may conduce to the education of the English and Indian 
 youth of the country in knowledge and godliness, it is there- 
 
 ijn 1713, the legislature ordered £\2() los. 4d. to be paid out of the public 
 treasury to Treasurer Brattle of Harvard College:—" £\(xi l6s. 4d. thereof being 
 the whole principal remaining due of money borrowed by the late colony of the 
 Massachusetts Bay of the said college, both that which was the Lady Moulson's 
 gift and all others — ;^263 14s. being interest in full for the said sum at six pound 
 per cent, per annum from the year 1685 to this time. To which year the interest 
 seems to have been paid by the treasury book of the said college." {Court Records 
 (MSS.), IX, 231.) 
 
 '' Rec, II, 200-1. 
 
 ' This order does not seem to have been enforced, for in the following October 
 President Dunster again petitions for the payment of the appropriation and the 
 Court again directs the stated ;£'loo to be paid over by the treasurer to the Col- 
 lege " with two years forbearance." {Ibid., IV, Pt. I, 30.) 
 
MASSA CHUSE TTS 1 3 
 
 fore ordered and enacted by this Court and the authority 
 thereof, that for the furthering of so good a work, and for the 
 purposes aforesaid, from henceforth that the said college in 
 Cambridge, in Middlesex, in New England, shall be a corpor- 
 ation consisting of seven persons, viz., a president, five fellows, 
 and a treasurer or bursar ; and that Henry Uunster shall be 
 the first president, Samuel Mather, Samuel Danford, Masters 
 of Art, Jonathan Michell, Comfort Starr and Samuel Eaton, 
 Bachelors of Art, shall be the five fellows, and Thomas Dan- 
 ford to be present treasurer, all of them being inhabitants in 
 the Bay, and shall be the first seven persons of which the said 
 corporation shall consist ; and that the said seven persons, or 
 the greater number of them, procuring the presence of the 
 overseers of the college, and by their counsel and consent, 
 shall have power, and are hereby authorized, at any time or 
 times, to elect a new president, fellows, or treasurer, so oft and 
 from time to time as any of the said persons shall die or be 
 removed, which said president and fellows for the time being 
 shall for ever hereafter, in name and fact, be one body politic 
 and corporate, in law, to all intents and purposes and shall 
 have perpetual succession, and shall be called by the name of 
 President and Fellows of Harvard College, and shall from time 
 to time be eligible as aforesaid, and by that name they and 
 their successors shall and may purchase and acquire to them- 
 selves, or take and receive, upon free gift and donation, any 
 lands, tenements, or hereditaments, within the jurisdiction of 
 Massachusetts, not exceeding five hundred pounds per annum, 
 and any goods and sums of money what so ever, to the use 
 and behoof of the said president, fellows and scholars of the 
 said college, and also may sue and plead, or be sued and im- 
 pleaded, by the name aforesaid, in all courts and places of 
 judicature within the jurisdiction aforesaid; and that the said 
 president, with any three of the fellows, shall have power and 
 are hereby authorized, when they shall think fit, to make and 
 appoint a common seal for the use of the said corporation ; 
 
14 EDUCATION IN THE COLONIES 
 
 and the president and fellows, or major part of them, from time 
 to time, may meet and choose such officers and servants for 
 the College and make such allowance to them, and them also 
 to remove, and after death or removal, to choose such others, 
 and to make from time to time such orders and by-laws for 
 the better ordering and carrying on the work of the College, 
 as they shall think fit, provided the said orders be allowed by 
 the overseers ; and, also, that the president and fellows, or 
 major part of them, with the treasurer, shall have power to 
 make conclusive bargains for lands and tenements, to be pur- 
 chased by the said corporation for valuable consideration. 
 And for the better ordering of the government of the said col- 
 lege and corporation, be it enacted by the authority aforesaid, 
 that the president and three more of the fellows shall and may, 
 from time to time, upon due warning or notice, given by the 
 president to the rest, hold a meeting for the debating and con- 
 cluding of affairs concerning the profits and revenues of any 
 lands, and disposing of their goods ; provided, that all the said 
 disposings be according to the will of the donors,' and for 
 direction in all emergent occasions, execution of all orders and 
 by laws, and for the procuring of a general meeting of all the 
 overseers and society in great and difficult cases, and in case 
 of non-agreement, in all which cases aforesaid the conclusion 
 shall be made by the major part ; the said president having a 
 casting voice, the overseers consenting thereunto ; and that all 
 the aforesaid transactions shall tend to and for the use and 
 behoof of the president, fellows, scholars and officers of the 
 said college, and for all accommodations of buildings, books, 
 and all other necessary provisions and furnitures as may be for 
 the advancement and education of youth in all manner of good 
 
 1 In 1671 a special order was passed by the Court providing that " all gifts and 
 legacies given and bequeathed to the College, schools of learning, or any other 
 public use " should be disposed of according to the declared intent of the donors 
 And all trustees of such gifts were required to account concerning these trusts to 
 their respective county courts. {Ibid., IV, Pt. II, 488.) 
 
MASS A CHUSE TTS 
 
 15 
 
 literature, arts and sciences. And further, be it ordered by 
 this Court and the authority thereof, that all the lands, tene- 
 ments, hereditaments, houses or revenues within this jurisdic- 
 tion, to the aforesaid president or college appertaining, not 
 exceeding the value of ;^500 per annum, shall from henceforth 
 be freed from all civil impositions, taxes and rates ; all goods 
 to the said corporation, or to any scholars thereof appertain- 
 ing, shall be exempt from all manner of toll, customs, excise 
 whatsoever; and that the president, fellows, and scholars, to- 
 gether with the servants and other necessary officers to the 
 said president or college appertaining, not exceeding ten, viz. : 
 three to the president, and seven to the college belonging, 
 shall be exempted from all personal, civil offices, military ex- 
 ercise, or services, watchings, and wardings;^ and such of their 
 estates, not exceeding one hundred pounds a man, shall be 
 freed from all country taxes and rates whatsoever, and no 
 other." ^ 
 
 On May 27, 1652, the president and fellows of Harvard Col- 
 lege petition " for the removal of sundry difficulties and ob- 
 structions in payments assigned unto them by the country, 
 and that such course may be taken as the ruinous and straight- 
 ened buildings of the College may be enlarged and repaired." 
 Whereupon the Court, " considering the care the Commis- 
 sioners of the United Colonies took at their last meeting for 
 the advancement of learning, etc., sending into England, that 
 if it might be, some help might be procured for the corpora- 
 tion out of such money as it collected there,' judge it meet to 
 
 1 See /Wo'., IV, Pt. II, 61. In November, 1675, at the outbreak of King 
 Philip's War, the Court ordered that the officers and servants of the College (the 
 corporation excepted), should be liable to war taxes and military services. {^Ibid., 
 V, 65.) 
 
 ' /iJja'., IV, Pt. I, 12-14. 
 
 ' President Dunster suggested, in a petition to the United Colonies' Commissioners 
 in 1651, that the funds of the missionary Society for the Propagation of Knowledge 
 might be drawn upon for Harvard College ; but the commissioners answered that 
 although they themselves conceived that the advancement of learning in the College 
 
1 6 EDUCATION IN THE COLONIES 
 
 respite the answer to this petition until we hear from England ; 
 in the meantime, the overseers, president and fellows of the 
 College are desired to write to the elders of the several 
 churches, that they may, with all convenient speed, commend 
 it to the consideration of the towns where they dwell for a 
 voluntary contribution, that so there may be a speedy repara- 
 tion of that which present necessity calls for to be done." ' 
 
 The answer from England was apparently unfavorable," for 
 on October 19, 1652, the Court makes a more positive recom- 
 mendation for a general contribution throughout the colony. 
 
 " A declaration concerning the advancement of learning in New 
 England by the General Court. 
 If it should be granted that learning, namely, skill in the 
 tongues and liberal arts, is not absolutely necessary for the be 
 ing of a commonwealth and churches, yet we conceive that the 
 judgment of the godly wise it is beyond all question, not only 
 laudable, but necessary for the being of the same. And 
 although New England (blessed be God), is competently fur- 
 nished (for this present age) with men in place, and, upon 
 occasion of death or otherwise, to make supply of magistrates, 
 associates in courts, physicians and officers in the com- 
 monwealth and of teaching elders in the churches, yet for 
 the better discharge of our trust for the next generation, 
 and so to posterity, being the first founders do wear away 
 apace, and that it grows more and more difficult to fill 
 
 would also promote "the work of Christ among the Indians," yet before contributing 
 out of the Society's fund it would be necessary to send to England for permission. 
 They also stated that in case this was not granted, they would further recommend 
 to the colonies the wonted contribution " by pecks, half bushels and bushels of 
 wheat," suggesting that " herein, if the Massachusetts please to give a leading ex. 
 ample, the rest may probably the more readily follow." (Hazard's State Papers, 
 11,197-) 
 
 1 Rec, IV, Pt. I, 91. 
 
 ' The next year the Society for the Propagation of Knowledge made a special 
 donation to Harvard College for Indian education. See p. 70. 
 
MASSA CHUSE TTS 
 
 17 
 
 places of most eminence as they are empty or wanting, and 
 this Court, finding by manifest experience, that though the 
 number of scholars at our college doth increase, yet as soon 
 as they are grown up, ready for public use, they leave the 
 country and seek for and accept of employment elsewhere,' so 
 that if timely provision be not made, it will tend much to the 
 disparagement, if not to the ruin of this commonwealth, it is, 
 therefore, ordered and hereby enacted by this Court that a 
 voluntary collection be commended to the inhabitants of this 
 jurisdiction for the raising of such a sum as may be employed 
 for the maintenance of the president and certain fellows and 
 poor scholars of Harvard College, and for that purpose do 
 further order that every town of this jurisdiction do choose 
 one meet person to take the voluntary subscriptions of all 
 such as shall underwrite any sum or sums of money for that 
 purpose, and to make return thereof to the next Court. And, 
 forasmuch as all the colonies are concerned therein, this Court 
 doth order the secretary to signify to the governors of the 
 several colonies our endeavors herein, and to commend the 
 same to them for their help and furtherance in so good a 
 work.'" 
 
 Later in this same month, " in answer to the petition of the 
 president and fellows of Harvard College, the Court doth grant 
 them eight hundred acres of land, and liberty to employ such 
 as they please, to find out such a place or places as may be 
 most commodious and convenient for them, and to return to 
 this Court what they have done therein to the end it may be 
 laid out and confirmed unto them."^ 
 
 The following year. May 18, 1653, in a similar provision 
 
 In 1646, the United Colonies' Commissioners recommended the General Court 
 of Massachusetts to take some course with the parents of the scholars at the Col- 
 lege " that these, when furnished with learning, remove not into other countries, 
 but improve their parts and abilities in the service of the colonies." (Hazard's 
 State Papers, II, 17.) 
 « Rec, IV, Pt. I, loo-i. ' Ibid., IV, Pt. I, 114. 
 
1 8 ED UCA TION IN THE COL ONIES 
 
 the Court granted 2,ooo acres "for the encouragement of 
 Harvard College . . . and for the more comfortable main- 
 tenance and provision for the president, fellows, and students 
 thereof in time to come.'"^ 
 
 Both these grants failed. And so in 1658, the Court made 
 another grant of 2,100 acres of land in the Pequod country to 
 the College. To this land, however, the colony of Connecticut 
 laid a successful claim.' 
 
 On September 10, 1653, the Court "being informed that 
 the present condition of the college at Cambridge calls for 
 supply, do order, that the Cambridge rate for this year, now to 
 be collected, be paid into the steward of the college, for the dis- 
 charge of any debt due from the country to the said college ; 
 and if there be any overplus, to be and remain as the college 
 stock ; and for further clearing and setting all matters in the 
 college in reference to the yearly maintenance of the president, 
 fellows and necessary officers thereof, and repairing the houses, 
 that so yearly complaints may be prevented, and a certain way 
 for the due encouragement of all persons concerned in that 
 work, do hereby appoint Mr. Increase Nowell, Captain Daniel 
 Gookin, Captain John Leveret, Captain Edward Johnson and 
 Mr. Edward Jackson, or any three of them, to be a committee 
 to examine the state of the College in all respects, as hereafter 
 is expressed, Mr. Nowell to give notice of the time and place 
 of meeting. 
 
 1. First, to take account of all the incomes of the college 
 profits arising due to the officers thereof, either by gifts, 
 revenues, studies, rents, tuitions, commencements, or any 
 other profits arising due from time to time, as near as may be, 
 since the president undertook the work. 
 
 2. To examine what hath been paid and disbursed, either 
 for buildings, repairings, or. otherwise, paid and received 
 annually for the maintenance of the president, fellows and 
 other officers thereof. 
 
 1 Rec, IV, Pt. I, 136. ' Quincy, I, 40. 
 
MASS A CHUSE TTS 
 
 19 
 
 3. To consider what hath been yearly received by the presi- 
 dent out of any of the incomes and profits for his own use and 
 maintenance (as near as conveniently may be), ever since 
 he came to the place of president ; also what allowances yearly 
 have been made to the fellows and other officers. 
 
 4. To weigh and consider what may be fit for an honorable 
 and comfortable allowance annually for the president hereto- 
 fore and for the future, and how it may be paid hereafter. 
 
 5. To consider what number of fellows may be necessary for 
 carrying on the work in the said college, and what yearly al- 
 lowance they shall have and how to be paid. 
 
 6. To direct some way how the necessary officers, as stew- 
 ards, butler and cook, may be provided for, that so the scholars' 
 commons may not be so short as they now are occasioned 
 thereby. 
 
 7. To take cognizance of all and every matter or thing con- 
 cerning the said college, in reference to the welfare thereof in 
 outward things, and to present a way how to regulate and 
 rectify any thing that is out of order. 
 
 8. To examine what sums have been, and of late are prom- 
 ised by several towns and persons for the use of the College, 
 and to give order for the collection thereof and propose a way 
 how such monies may be improved for the best benefit of that 
 society for the future; and this committee are hereby author- 
 ized with full power to act in all the premises, and to make re- 
 turn of what they do to the next Court of Election to be con- 
 firmed, if they shall judge meet." ' 
 
 On May 3, 1654, the committee appointed in the foregoing 
 order make their report to the Court. Accordingly the Court 
 "do judge that the ten pounds brought in upon account by the 
 president of the College for his care and pains for these twelve 
 years last past, in looking after the affairs of the College, in 
 respect of building, repairing or otherwise, be respited till this 
 Court take further order therein ; and that the contributions 
 1 Jftc, IV, Pt. I, 178-80, 
 
20 EDUCATION IN THE COLONIES 
 
 and subscriptions lately given in, or which shall hereafter be 
 given in by several towns or persons, together with all other 
 stock appertaining to the College, shall be committed to the 
 care and trust of the overseers of the said college, who have 
 hereby power to give order to the treasurer of the College to 
 collect the several subscriptions and contributions which are 
 or shall be hereafter due from time to time; and in case of 
 non-payment thereof, that it be secured by the several towns 
 and persons, so long as it shall remain unpaid, and the pro- 
 duce of it to be paid to the said treasurer, and to be for the 
 maintenance of the president and fellows and other necessary 
 charges of the College, and the several yearly allowance of the 
 said president and fellows to be proportioned as the said over- 
 seers shall determine concerning the same." ' 
 
 In 1653 worthy President Dunster fell into "the briers of 
 anti-paedobaptism," and was indicted by the grand jury for 
 disturbing the ordinances of infant baptism in the church at 
 Cambridge. Subsequently he was sentenced to a public ad- 
 monition on lecture day, laid under bond for good behavior, 
 and in the spring of 1654 he was compelled to resign from the 
 presidency of the College.' 
 
 On June 12, the Court directed the board of overseers "to 
 make provision, in case he [President Dunster] persist in his 
 resolution more than one month,3 . . . for some meet person 
 
 '^Rec, IV, Pt. I, 186-7. 
 
 'Quincy's History of Harvard University, I, l8. 
 
 ' After further conference with the overseers, Mr. Dunster " in submissive wil- 
 lingness reassumed his place," and kept it until October 24th, when he again re- 
 signed. He then petitioned the Court to consider of some allowance to be made 
 to him " for his extraordinary labors in, about and concerning the weal of the col- 
 lege over and beside his daily employment in the education of youth." Mr. 
 Dunster furthermore petitioned that he might continue to enjoy the house which 
 he had erected "with singular industry through great difficulties," until the cor- 
 poration had paid him all that was due to him. (Pierce's History, Notes, 15 1-2.) 
 The governor and magistrates refused to grant these requests. (Quincy's History, 
 I, App. IH, 465-6.) Mr. Dunster then presented certain "considerations" to 
 
MASSACHUSETTS 21 
 
 to carry an end that work for the present, and also to act in 
 whatever necessity shall call for," until the next session of the 
 Court.' 
 
 Mr. Dunster based his resignation, in the formal letter which 
 he addressed to the General Court on June lo, upon the 
 invalidity of his original appointment to office;" but a measure 
 that was passed by the Court on the third of the preceding 
 month points to the real reason of his resignation. 
 
 "For as much as it greatly concerns the welfare of this 
 country that the youth thereof be educated, not only in good 
 literature, but sound doctrine, this Court doth therefore com- 
 mend it to the serious consideration and special care of the 
 overseers of the College and the selectmen in the towns, not to 
 admit or suffer any such to be continued in the office or place 
 of teaching, educating or instructing of youth or child in the 
 college or schools that have manifested themselves unsound 
 in the faith or scandalous in their lives, and not giving due 
 satisfaction according to the rules of Christ."^ 
 
 In October, 1654, the Court, in view of the fact that some of 
 the overseers of the College had died and others had gone 
 abroad, appoint to the board Mr. John Allin, pastor of Ded- 
 ham, Mr. John Norton, teacher at Boston, Mr. Samuel Whit- 
 ing and Mr. Thomas Cobbett, pastor and teacher at Lynn.* 
 
 the Court, setting forth the hardships that would fall upon him and his family 
 upon his removal at that time of the year, and so the Court consented to its post- 
 ponement to the following March. (Hid., I, 18—20.) At that time the corpora- 
 tion report to the Court that they are still £^0 in debt to Mr. Dunster and are un. 
 able to pay him. They suggest that the Court pay this debt and ;^loo in addi- 
 tion in consideration of Mr. Dunster's " extraordinary pains in raising up and 
 carrying on the College for so many years past." (Hid., I, App. II, 462.) To 
 this plea a committee of the Deputies retorted : " What extraordinary labor in, 
 about and concerning the weal of the College ... we know of none, except what 
 was the president's duty." And so the petition of the corporation was rejected. 
 (Jbid., I, 21.) 
 
 ij?^<r., IV, Pt. I, 197. 
 
 ' Pierce's History, Appendix XV., 79-80. 
 
 'Ktc, IV, Pt. I, 182-3. ^liid., IV, Pt. I, 204. 
 
22 EDUCATION IN THE COLONIES 
 
 At this time the government makes its first annual appropria- 
 tion to the College. 
 
 " Whereas we cannot but acknowledge the great goodness 
 of God towards his people in this wilderness in raising up 
 schools of learning and especially the College, from whence 
 there hath sprung many useful instruments both in church and 
 commonwealth, both to this and other places, and whereas at 
 present the work of the College hath been several ways ob- 
 structed, and seems yet at present, for want of comfortable 
 maintenance for the encouragement of a president, this Court 
 taking the same into their serious consideration, and finding 
 that though many propositions have been made for a voluntary 
 contribution, yet nothing have been hitherto obtained from 
 several persons and towns, although some have done very lib- 
 erally and freely, and fearing lest we should show ourselves 
 ungrateful to God, or unfaithful to posterity, if so good a semi- 
 nary of knowledge and virtue should fall to the ground through 
 any neglect of ours, it is therefore ordered by this Court and 
 the authority thereof, that, besides the profit of the ferry for- 
 merly granted to the College, which shall be continued, that 
 there shall be yearly levied, by addition to the country rate, 
 one hundred pounds, to be paid by the treasurer of the coun- 
 try to the college treasurer, for the behoof and maintenance of 
 the president and fellows, to be distributed between the presi- 
 dent and fellows according to the determination of the over- 
 seers of the College, and this to continue during the pleasure 
 of the country; and it is hereby ordered, that no man stand 
 engaged to pay his voluntary contribution that he hath under- 
 writ by virtue of this proposition, and that such persons as 
 have already done voluntarily for the same in the country rate 
 such a proportion as this addition of one hundred pounds do 
 add to the rate, to be allowed by the constable to each person, 
 and by the Treasurer to the constable." • 
 
 The Court was urged on to making this appropriation by a 
 
 1 Rec, IV, Pt. I, 205. 
 
MASS A CHUSE TTS 
 
 23 
 
 desire to secure Mr. Charles Chauncy, pastor at Scituate, as 
 president of the College. 
 
 On November ist, the Court took into consideration a mo- 
 tion that had been made " in behalf of Mr. Chauncy for the 
 providing of a house and other accommodations for his settle- 
 ment at Cambridge," and decided to refer the matter to the 
 overseers " to whom it most properly belongs." ' 
 
 Mr. Chauncy accepted the call, and in May, 1655, the Legis- 
 lature granted him 500 acres of land at Billerica, "so as he con- 
 tinue in that place three years." ' At the same time, in answer 
 to a petition on his part, Mr. Chauncy was advanced £10 out 
 of the rents of the ferry "to furnish his necessary occasions."' 
 
 During the next two years the Court proceeded to enlarge 
 the powers of the president and fellows in relation both to the 
 students and to the overseers of the College. 
 
 On October 14, 1656, it is ordered "that the president and 
 fellows of Harvard College, for the time being, or the major 
 part of them, are hereby empowered, according to their best 
 discretion, to punish all misdemeanors of the youth in their 
 society, either by fine or whipping in the hall openly, as the 
 nature of the offense shall require, not exceeding ten shillings 
 or ten stripes for one offense ; and this law to continue in force 
 until this Court, or the overseers of the College, provide some 
 other order to punish such offenses." * 
 
 On October 23, 1657, "in answer to certain proposals pre- 
 sented to this Court by the overseers of Harvard College, as an 
 appendix to the college charter, it is ordered, the corporation 
 shall have power from time to time to make such orders and 
 by-laws for the better ordering and carrying on of the work of 
 the College as they shall see cause, without dependence upon 
 the consent of the overseers foregoing ; provided always that 
 the corporation shall be responsible unto, and those orders and 
 by-laws shall be alterable by the overseers according to their 
 
 1 Rec, IV, Pt. I, 216. » md., IV, Pt. I, 237. 
 
 » Ibid. * IHd., IV, Pt. I, 278-9. 
 
24 
 
 EDUCATION IN THE COLONIES 
 
 discretion. And when the corporation shall hold a meeting, 
 and agreeing with college servants, for making of orders and 
 by-laws, for debating and concluding of affairs concerning the 
 profits and revenues of any land or gifts, and the disposing, 
 thereof, (provided that all the said disposals be according to 
 the will of the donors), for managing of all emergent occasions, 
 for the procuring of a general meeting of the overseers and so- 
 ciety in great and difficult cases, and in cases of non-agreement, 
 and for all other college affairs to them pertaining, in all these 
 cases the conclusion shall be valid, being made by the major 
 part of the corporation, the president having a casting vote; 
 provided always, that in these things also they be responsible 
 to the overseers as aforesaid. And in case the corporation 
 shall see cause to call a meeting of the overseers, or the over- 
 seers shall think good to meet of themselves, it shall be suffi- 
 cient unto the validity of college acts that notice be given to 
 the overseers in the six towns mentioned in the printed law, 
 anno 1642, when the rest of the overseers, by reason of the 
 remoteness of their habitations, cannot conveniently be ac- 
 quainted therewith." ^ 
 
 On May 27, 1663, President Chauncy petitioned the General 
 Court for a more liberal allowance, on the ground that " his 
 family being great,' the stipend allowed him by the honored 
 Court has been insufficient for his comfortable subsistence, 
 and the maintenance of his family with necessary supplies of 
 food and raiment, for want whereof he hath been forced both 
 to expend his own estate that he brought with him, and is 
 
 1 Rec, IV, Pt. I, 315. 
 
 2 Consisting of ten persons, according to Mr. Chauncy's statement in a former 
 unsuccessful application which he made to the legislature on October 25, 1655. 
 At this time he also stated that his salary, plus ;f 100 of his personal estate, had 
 been expended on the fittings of his office ; that the country pay of Indian com 
 did not pass for food or clothing ; that " if any part thereof by entreaties be put 06F, 
 1 2d. or 8d. in the bushel must be lost; that the returns which he was supposed to 
 receive from commencement, were hardly sufficient to defray its charges." Quincy's 
 History, I, App. IV, 468. 
 
MASS A CHUSE TTS 
 
 25 
 
 besides by this means run far into debt." ' Mr. Chauncy then 
 set forth in support of his plea, the fact " that there are no col- 
 leges in our English universities (wherein the petitioner hath 
 continued long) but that the presidents thereof, besides their 
 yearly stipend, are allowed their diet, with other necessary 
 provisions, according to their wants." " 
 
 A committee of the Magistrates reported on this petition, 
 June 9, 1663 : 
 
 " We conceive the country have done honorably towards the 
 recompense and encouragement of the petitions both for an- 
 nual allowance and grant of land, and that his parity with 
 English colleges is not pertinent, and as for other things re- 
 specting his removal, that it properly belongs to the feoffees of 
 the College, and that it be referred unto them."' 
 
 The Deputies refused to concur with this report, but " in 
 regard to the urgent necessities of the petitioner, do judge 
 meet that there be allowed : ;^5 a quarter out of the country 
 treasury to supply his wants, and this to be continued during 
 the country's pleasure, with reference to the consent of the 
 honorable Magistrates thereto." * The honorable Magistrates, 
 however, refused their consent.* 
 
 In the following October, Mr. Thomas Danforth, the college 
 treasurer, recalls the affairs of the College to the attention of 
 the Court, which proceeds to appoint " a committee to repair 
 to the College and enquire concerning the state thereof in all 
 respects, and to take the treasurer's accounts, and give him 
 direction for the disposing of the college estate for the future, 
 and what they shall do herein they are to make return to the 
 next General Court, together with such proposals as they may 
 conceive a meet expedient for the redress of any inconveniency 
 that at present doth obstruct the prosperity of the said col- 
 lege.'" 
 
 1 Hid., I, App. IV, 469. » Ibid. > Ibid., I, App. IV, 470. 
 
 « Ibid. <• Ibid. « Ibid., IV, Pt. II, 92. 
 
26 ED UCA TION IN THE COL ONIES 
 
 On September ii, 1666, " the Court, having been informed 
 that the president of the College is in some necessity, by reason 
 of the afflicting hand of God upon him in his son,' and other 
 things concurring thereto, judge meet to order the treasurer 
 of the country forthwith to pay unto the said president the 
 sum of twenty pounds, as a gratuity from the Court for a sup- 
 ply of his present wants." ^ 
 
 President Chauncy died in 1672, and Dr. Hoar was called 
 to the presidency by the corporation and board of overseers. 
 Dr. Hoare was highly acceptable to the legislature, having 
 been recommended to Governor Leverett by the colonial agent 
 in England and by many friends of the colony.' In October, 
 the Court increased its allowance to the college president to 
 ;£'i50, "provided Dr. Hoar be the man for a supply of that 
 place." This salary was moreover to be paid quarterly and in 
 money.* 
 
 Following upon the above provision, a new charter for Har- 
 vard College is entered in the General Court records. This 
 charter was probably procured through the influence of Dr. 
 Hoar ; but its authority was never accepted by the corporation 
 of the College. It enlarged the powers and privileges of the 
 president and corporation in several particulars. The corpora- 
 tion, henceforward to be known as " the President, Fellows and 
 Treasurer of Harvard College," are expressly empowered to ap- 
 point and remove all inferior ofificers of the College. In suits at 
 
 ' This son was "so far distempered as to render him wholly unable to do any 
 thing towards his own maintenance," so states Elnathan Chauncy, another son of 
 the President, in his address to the legislature, after his father's death in 1672. 
 He petitioned for payment in money of the arrears in his father's salary and for 
 support for his afSicted brother. Both requests were granted by the legislature, 
 the Deputies having moved that ten pounds should be paid annually to the dea- 
 cons of Cambridge for the support of the petitioner's brother. (Quincy's History, 
 I, 27-28.) See also Rec, IV, Pt. II, 540. 
 
 'lbid.,\^,'SX. II, 314. 
 
 ' Quincy's History, I, 31. 
 
 ^ Rec, IV, Pt. II, 535. Quincy's History, I, 32-33. 
 
 V 
 
Af.4 SSA CHUSE TTS 
 
 27 
 
 law, the personal property of members of the corporation is not 
 to be liable to attachment. The personal property, to the value 
 of ;^iOO, of all members of the corporation and their officers, is 
 to be exempted from taxation. Any three members of the cor- 
 poration, the president being one, are empowered to " sconse," 
 fine and " otherwise correct " all inferior officers and members 
 of the college in all crimes which were punishable by one 
 magistrate, and to this end the corporation is privileged to 
 enter with the constable " into any houses licensed for public 
 entertainment, where they shall be informed or may be suspic- 
 ious of any enormities to be plotting or acting by any mem- 
 bers " of the society. Moreover, all persons who have been 
 legally expelled from the College are forbidden to remain over 
 ten days in Cambridge, providing their parents do not reside in 
 that town.' 
 
 Soon after Dr. Hoar's installment in office, he obtained 
 permission from the Court to devote £2)00 of the funds which 
 had of late been contributed at home and abroad to the re- 
 building of the college house,^ and which the Court had en- 
 trusted to the college overseers,' to " the better repair necessary 
 to be done to his lodging, by addition of a kitchen, etc., and 
 making of fences for orchards and gardens, meet for such a 
 place and society." * 
 
 During the first year of President Hoar's administration 
 trouble seems to have arisen within the corporation. In the 
 autumn of 1673, four of the fellows resigned from that body, 
 and the overseers, finding that they were determined to persist 
 in their resignation, reported the affair to the legislature. * 
 
 " This Court, having by some of the honored overseers of 
 
 1 Rec, IV, Ft. II, S3S-7. 
 
 'In 1669 the towns of Massachusetts and New Hampshire subscribed £2,6^"] 
 to this purpose; and from 1669 to 1672, ;f 152 were contributed from England. 
 (Quincy's History, I, App. XXIII, 508-9.) 
 
 » Jfec, IV, Ft. II, 516. ' ma., IV, Ft. II, 537. 
 
 ' Quincy's History, I, 34-35, and I, App. VI, 471. 
 
28 EDUCATION IN THE COLONIES 
 
 Harvard College, received a narrative of the uncomfortable 
 debates and motions of the said college lately happening, yet 
 judge not meet at present to take the same into their cogni- 
 zance, but, considering of what great moment it is that the 
 work be not obstructed, which, by divine blessing, hath been 
 of so great advantage, do declare that they highly approve of 
 the pious and diligent endeavors and actings of the honored 
 and reverend overseers therein, and do further commend it 
 to their care and prudence (to whom it properly belongs) to 
 promote a resettlement and encouragement of that society, and 
 that it be, from time to time, so inspected that it may, by the 
 blessing of God, answer the cost and expectation of such 
 whose hearts the Lord hath or shall move to bring up their 
 children in those studies ; likewise declaring, if this means 
 shall be ineffectual, they shall, upon all occasions, be ready to 
 manifest their due resentment as to the obstructors hereof." ' 
 
 During the following year the " resettlement" of the society 
 failed to take place, and it seemed to the Court that a manifes- 
 tation of its resentment was called for. 
 
 " This Court, by good information, understanding that, not- 
 withstanding all former endeavors, the College yet remains in 
 a languishing and decaying condition, do therefore order, that 
 on Wednesday next, at one of the clock, all persons con- 
 cerned be required to appear, and, accordingly, the Secretary 
 to issue out his warrant to require the president and former 
 and present fellows, graduate and student, that were then in 
 the College, whether resident or non-resident, to make appear- 
 ance before the Court, and in like manner that the overseers 
 be desired to attend the Court to give information in that case, 
 that so a full hearing being obtained, and the grounds of the 
 present decay discerned, this Court may, if possible, take fur- 
 ther effectual course for the revival of that great work, and its 
 future flourishing and establishment amongst us. 
 
 After the Court had a full hearing of the doctor, the presi- 
 • Rec, IV, Pt. II, 567. 
 
MASSACHUSETTS 29 
 
 dent, fellows and several students, for the settlement of the 
 College, the president, upon his own voluntary motion, in 
 consideration of the paucity of scholars, doth freely lay down 
 fifty pounds of his salary, and rests satisfied in one hundred 
 pounds money per annum. Upon the same consideration of 
 fewness of scholars, this Court doth judge meet to dismiss all 
 the officers of salary, until Court and overseers take further 
 order ; that the president continue his place until next Elec- 
 tion Court ; in the meantime, the reverend overseers are en- 
 treated to use utmost endeavors for removing of all obstruc- 
 tions therein against the said Court's session, when, if the Col- 
 lege be found in the same languishing condition, the president 
 is concluded to be dismissed without further hearing of the 
 case." • 
 
 In May, 1675, the Court is informed by Deacon John Cooper 
 and Mr. Wm. Manning, who were in charge of the new college 
 building, that several towns that had subscribed to that object 
 in 1669 had not yet sent in their subscriptions. Whereupon 
 the Court directs that " the Secretary do forthwith signify to 
 the towns respectively the pleasure of this Court, which is, that 
 the selectmen in each of the towns (who are behind in their 
 payments according to their subscriptions) do forthwith make 
 such effectual provision, that the one-half thereof, at least, may 
 be speedily brought into the said committee, and the remaining 
 part as soon as may be;' as likewise that letters' may be sent 
 
 ^ Jitc, V, 20-21. On March 15, 1675, ^''- Hoar resigned from the presidency 
 of the College. Quincy's History, I, 35. 
 
 ' In the letter written by the colony secretary in accordance with this order, the 
 delinquent towns are entreated to send in the promised sums within two months, 
 so that the building may be finished and the court " prevented further trouble of 
 taking the same by distress." {Rec, V, 143.) 
 
 • " Gentlemen : The necessity of the case presseth us to write these lines to ex- 
 cite and stir up the godly and well disposed minds of yourselves, brethren and 
 neighbors, the inhabitants of Ipswich, &c., to join your helping hands in a free 
 contribution for finishing the new brick college at Cambridge, which being begun 
 about two years since, and advanced in a good measure, but during the war hath 
 
,Q EDUCATION IN THE COLONIES 
 
 to the secretary to those towns that yet have not subscribed, 
 requiring the elders or minister in the said towns to stir up 
 the inhabitants to so pious and necessary a work." ' 
 
 This matter of getting in the subscriptions to the new col- 
 lege building dragged on for several years. In October, 1678, 
 the Court recommended the selectmen of the towns to appoint 
 special committees in their respective towns to aid them in the 
 work. ' 
 
 In May, 1680, the Court is informed through a committee 
 that had been appointed to receive the returns of the towns, in 
 the preceding month, that the selectmen had neglected the 
 order of Court, and consequently the Court orders that unless 
 these officers bring in the underwritten sums in the following 
 September they shall be liable to a fine of ;^20 for each town.-' 
 
 In May, 1684, the Court adds Mr. Samuel Gookin to the 
 committee on subscriptions, and directs that ;^35 shall be 
 
 stood at a stay for want of money to finish it; but now the old college being fallen 
 down, a part of it, and thereby rendered not habitable, and the new college is like 
 to suffer much damage if it be not speedily finished, these considerations urge us 
 to desire you will follow the example of your brethren and neighbors in other parts 
 of the country, and speedily collect what the Lord doth encline the hearts of the 
 good people of your town to contribute for this good and public work. Touching 
 the way and manner to effect this matter, we leave it to your prudence, only desire 
 your dispatch in this affair within a month or two at the furthest, and that you will 
 endeavor to procure what you can in money, or that which is equivalent, because 
 the work will need such specie ; and what you shall do herein, either by way of 
 subscription, or receive in money or other pay, we desire that you will transmit it 
 to Mr. Manning and Deacon Cooper of Cambridge, stewards for that affair, 
 whose receipt shall be sufficient. We hope there is no need of arguments to ex- 
 cite you hereunto ; we shall only desire you to consider that scripture, I Chron. 
 29, especially from verse lo to 17, wherein David and the people ot Israel gave 
 liberally unto a good work, praising God that He had given them hearts to offer 
 so willingly, acknowledging that all their substance came from God, and that ot 
 His own they had given Him, verse 13. But we shall add no more, but commit 
 you to God, and remain, 
 
 Your loving friends, the General Court ot the Massachusetts. 
 
 Signed by their order, Edward Rawson, Secretary. 
 
 Boston, 23 May, 1677." i^Rec, V, 143-4.) 
 1 Ibid., V, 32. ■>■ /bid., V, 195. 5 Ibid., V, 268. 
 
MASSA CHUSE TTS 
 
 31 
 
 given to Mr. Manning and ;^I5 to Mr. Cooper out of the 
 subscriptions which they may have collected. ' 
 
 In 1679, Mr. Urian Oakes, Fellow of Harvard, and pastor 
 of the Church at Cambridge, was chosen by the corporation 
 and approved by the overseers as president of the College. 
 He had practically been serving in that capacity since Dr. 
 Hoar's dismissal, but up to this time had refused to accept the 
 nominal appointment' In February, 1679, the General Court 
 voted, for " the better encouragement" of Mr. Oakes and "of 
 the Church for providing help for carrying on that work," 
 that £^0 per annum in country pay, over and above the hun- 
 dred pounds already settled, should be allowed to the rever- 
 end doctor, provided he accepted the presidentship.' On com- 
 mencement day, in August, 1680, Mr. Oakes was installed as 
 President of Harvard College by Governor Bradstreet.* 
 
 The following year President Oakes died. His office was 
 offered in turn to the Rev. Mr. Increase Mather, and to Mr. 
 Samuel Torrey, and declined by both these gentlemen. In 
 each case the General Court agreed to continue the same 
 allowance as had been voted to President Oakes. ' Finally, 
 the Rev. Mr. John Rogers accepted the President's chair, and 
 was granted .^100 in money, and ^^50 " in other pay'' during 
 his continuance in that place and employ.^ At the same time, 
 the Court voted ;^50 to Mr. Samuel Andrews and Mr. John 
 Cotton, two of the fellows who had taken " much pains and 
 used much diligence in carrying on the president's work since 
 Mr. Oakes' death." ' 
 
 ' Ibia., V, 445. 
 
 'Quincy's History, I, 35 and App. VI, 472. 
 ' Rec, V, 263. ^Quincy, I, App. VI, 472. 
 
 "Rec.^V, 324,345. 
 
 ' On President Rogers' petition the colony treasurer was ordered in May, 1684, 
 to pay out this salary quarterly. [Ibid., V, 445.) 
 Tlbid^V, 352. 
 
,2 EDUCATION IN THE COLONIES 
 
 In March, 1683, the legislature granted to the College 
 Merrykoneag neck of land, in Casco Bay in the Province of 
 Maine, with one thousand acres of land adjacent, and ordered 
 the President to lay out the land " as may be most behoofful 
 for the College." ' 
 
 President Rogers died within a year of his inauguration, 
 and consequently in May, 1685, " in answer to a motion made 
 by the overseers of the College," the Court orders " that the 
 hundred pounds, part of the annual salary due to the president, 
 be paid to the corporation for the encouragement of such as 
 have done the work that appertains to the president, and dis- 
 charge of some other accounts that have been made for the 
 College benefit."' 
 
 In June, 1685, Mr. Increase Mather agreed, at the request of 
 the overseers, to superintend the affairs of the College until a 
 further settlement could be made.' 
 
 On July 23, 1686, President Dudley, who after the abroga- 
 tion of the Massachusetts charter in 1684, was appointed presi- 
 dent of the colony, met the Council at Cambridge, and appointed 
 Mr. Mather, rector, and John Leverett and Thomas Brattle, 
 tutors of the college. President and Council charged the rector 
 to make his usual visitations to the College and vested the 
 government in the fellows.* 
 
 In 1688 Increase Mather was sent to England to obtain a 
 new charter for the colony. During his absence Governor 
 Andros appointed William Hubbard to the vacant rectorship.' 
 
 Mr. Mather returned to Massachusetts in 1692 with the de- 
 sired charter. He now occupied a position of great influence 
 
 ^ Ibid., V, 397. In 1731 the corporation petitioned the General Court for lib- 
 erty to survey this grant. Court Rec. (MSS.), XV, 13. The corporation then 
 became involved in a law suit and the property was eventually lost to the college. 
 Quincy, I, 399-400. 
 
 » Rec, V, 479. » Quincy, I, 57. * Ibid., I, 58. 
 
 5 Collections of the Massachusetts Historical Society. Third Series, I, 83. 
 Boston, 1825. 
 
MASSACHUSETTS 53 
 
 in the colony, for he had been given by the Crown the right to 
 nominate all the colonial officers who were to be appointed 
 under the new charter, and the first provincial governor, 
 lieutenant-governor and councilmen were consequently Mr. 
 Mather's personal supporters.' Through the influence of Mr. 
 Mather the first Provincial Assembly re-incorporated Harvard 
 College on June 27, 1692. 
 
 The new charter created a corporation consisting of ten per- 
 sons, to whom the entire control of the College was entrusted. 
 
 There was no provision for a board of overseers or for any 
 kind of visitorial authority. All the real and personal prop- 
 erty of the College and of the resident college officers was 
 exempted from taxation. The corporation could hold land to 
 the value of ;£'4,000 per annum, and personal property to any 
 amount whatsoever. The president, fellows, scholars and 1 5 
 of the college servants were freed from all public imposition. 
 The corporation was given a common seal and empowered to 
 confer academical degrees similar to those conferred in Eng- 
 lish universities.' 
 
 In February, 1693, the legislature voted ;£^iOO salary to Presi- 
 dent Mather for the past year. At the same time the Lower 
 House, which now began to show opposition to Mr. Mather 
 and other ecclesiastical leaders, resolved that "it is desired 
 that for the future that the President be resident at the Col- 
 lege." ' This order was read in Council on February 16, but 
 no further action was taken by that body. * On November 
 29, the Lower House again voted that " the President of Har- 
 vard College for the time being shall reside there as hath been 
 accustomed in times past."* Again the Council refused to 
 concur with this order.' On October 31, 1694, the Lower 
 
 1 Quincy, I, 59-60. 
 
 • The Acts and Resolves of the Province of Massachusetts Bay, I, 38-39. 
 Boston, 1869. 
 
 ■ Ibid., VII, 452. • Ibid. • Ibid. 
 
 • Ibid., but see Quincy's History, I, 74. 
 
24 EDUCATION IN IHE COLONIES 
 
 House " voted the Rev. Mr. Increase Mather be thanked for 
 his pains and labor he hath taken at the College in the absence 
 of a settled President there, and that fifty pounds in money be 
 
 paid to him and that he be requested to settle there, or 
 
 else be serviceable as formerly until the corporation or this 
 Court shall agree with some person that they shall call 
 to settle there who will attend said work." The Upper House 
 merely "voted a concurrence in £i,0 to be paid unto Mr. 
 Mather for his pains and labor at the College the last year." ^ 
 
 The wishes of the Lower House were completely ignored 
 by President Mather, and so on June 15, 1695, that body, in 
 voting him £^^0 for his past services, again desire him to go 
 and settle at the College. On this condition he is to be 
 allowed £1 50 ; otherwise the corporation is to " propose some 
 other meet person to the General Court, who may be treated 
 with to settle there, that the College may no longer be desti- 
 tute of a settled president." As usual, this resolve was non- 
 concurred by the Upper House.' Mr. Mather now gave 
 notice to the corporation of his intention to resign from the 
 presidency ; but the corporation refused with much heat to 
 accept his resignation, and so he continued in office and per- 
 sisted in non-residence at the College.^ For the next two 
 years he was allowed the usual salary of £^0, but the usual 
 request was omitted. ' 
 
 In 1696 the college charter of 1692 was negatived by the 
 Crown, ostensibly because the visitatorial power had not been 
 been exclusively reserved to the King or his immediate ap- 
 pointee.^ 
 
 In view of the state of disorganization to which Harvard 
 College was now reduced, Lieutenant Governor Stoughton 
 came to Cambridge in October, 1696, and " desired and ap- 
 
 ^ Acts and Resolves, VII, 452, 60. 
 
 « Ibid., VII, 467, 78. 3 Quincy, I, 75-6. 
 
 * Acts and Resolves, VII, 115, 504, 156. 5 /^j^., 608. 
 
MASSACHUSETTS ,e 
 
 pointed" the former president, fellows and treasurer " to con- 
 tinue and proceed in the institution and government of the 
 house, and in the management of the estate of the College 
 according to the late rules of said college until his Majesty's 
 further pleasure shall be known, or a legal settlement of said 
 college shall be obtained.'" 
 
 On November 9, the corporation voted that " the obtaining 
 a charter of incorporation for the College would be of singular 
 advantage to the churches of New England, both in present 
 and after times." ' In accordance with this vote a bill for a 
 charter was introduced into the Upper House on November 
 27, and passed by that body on December 27. 
 
 As soon as this bill passed the Council, President Mather 
 and three members of the corporation protested against it, on 
 the score that it provided for no president, except one in resi- 
 dence, before the confirmation of the act, that it reduced the 
 corporation estate to ;^2000, that it diminished the number of 
 college servants, and that it required an inconveniently large 
 quorum for corporation meetings.' President Mather then 
 proceeded to draft a more satisfactory bill, with the consent of 
 the Lieut-Governor. His draft was presented to the legisla- 
 ture and passed by that body on June 4, 1697. 
 
 According to this charter, the corporation was to consist of 
 seventeen persons, a president, vice-president, treasurer and 
 fourteen fellows. As in former charters, the corporation was 
 empowered to fill the vacancies which occurred in its body 
 through death or removal. The vice-president was to be elected 
 annually, and any member was liable to dismissal by the cor- 
 poration for disability or misdemeanor, " saving to the party 
 grieved his appeal to the visitors." His Majesty's Governor 
 and the Council for the time being were constituted "visitors" 
 and given a power of visitation at need. The corporation was 
 
 > Quincy, I, 82. ^ Tbid, I, 82. 
 
 » Ibid, I, 86, and App. XI, 488-9, foot note. 
 
,5 EDUCATION IN THE COLONIES 
 
 allowed to hold property to the value of ;£'3000, and ten college 
 servants were privileged to the usual exemptions. The presi- 
 dent and all salaried fellows were to reside at the college. No 
 fellow was to hold a salaried fellowship for more than seven 
 years without re-election.' 
 
 Three days after the passage of this act, the corporation 
 unanimously petitioned the legislature to promote the sending 
 of President Mather to England to recommend the charter to 
 the King or to procure from the King another charter, which 
 would be satisfactory to all concerned.' 
 
 On June 15th, the Lower House voted against complying 
 with this petition. On this same day a second petition was 
 read in the House, in which the members of the corporation 
 threaten to resign from office unless their petition be granted. 
 In support of their position, they urge that " the time has been, 
 when the College has accommodated this colony with a con- 
 siderable sum of money, not repaid unto this hour, and we 
 would persuade ourselves that this province will, in point of 
 gratitude, not refuse to be helpful unto the good settlement of 
 that society, on which the welfare of the public so much de- 
 pends." ' This petition was read, but not acted upon by the 
 House. 
 
 On June 14, 1698, another "unanimous" petition from the 
 corporation for the sending of the President to England was 
 read in Council and rejected.* Later in this year the corpora- 
 tion urged the appointment of a vice-president upon the legis- 
 lature ; ° but the plan was ignored, and on December 7th the 
 
 1 Acts and Resolves, I, 288-290. 
 
 ' Qnincy, I, 90, and App. XII, 495-6. 
 
 » Ibid., I, App. XIII, 496-7. President Quincy calls attention to the fact that 
 neither of these petitions which were signed by only one member of the corpor- 
 ation, although stated to be by unanimous consent, appears to have been acted 
 upon by the corporation. " There is no record of any meeting on either of the 
 days mentioned in them.'' (Quincy, I, 91.) 
 
 « Ibid., I, App. XIV, 497-8. s Acts and Resolves, VII, 609. 
 
MA SSA CHUSE TTS 
 
 37 
 
 legislature passed an act allowing a salary of ;^200 per annum 
 "for an encouragement unto the Rev. Mr. Increase Mather, 
 President, to remove and take up his residence " at the college. 
 It was also ordered that this allowance was to begin " from the 
 time of his removal." ' The original bill which passed the 
 Council fixed the salary at ;^2SO. This was negatived by the 
 House ; then after a conference with the. Council, the above 
 compromise measure resulted.' A joint committee was at once 
 appointed to wait upon President Mather. He promised this 
 committee to communicate his decision to the Lieut.-Governor, 
 and so on December i6th, he writes to Stoughton, declining 
 the proposition of the General Court, both on account of his 
 health and his unwillingness to desert his Boston congrega- 
 tion ; and he again offers to resign from the presidency.' 
 
 This offer was not accepted, and at a meeting of the Council 
 and corporation on February 23, 1699, President Mather pro- 
 mised to remove to Cambridge upon the consent of his wife 
 and his church.* 
 
 In June, 1699, Governor Bellamont in his opening speech 
 to the Assembly, observed that " he would gladly promote a 
 charter of incorporation for the college at Cambridge [the 
 charter of 1697 had been negatived by the Crown], and 
 would heartily join in an address to his Majesty for his royal 
 grant of such privileges and franchises as his majesty, in his 
 goodness, shall think fit."* On the 8th of July following, a 
 bill for a charter was introduced into the Lower House, which 
 with two exceptions, was similar to the charter of 1697. The 
 visitatorial power was reserved exclusively to the governor of 
 the province. On the other hand five members of the Council 
 were appointed members of the corporation. On the strength 
 
 1 Ibid., VII, 202. ' Ibid., VII, 608. 
 
 • IHd., VII, 609-610., and Quincy's History, I, 95-6. 
 */i«V:, I, 97. 
 5 Uid., I, 97-8. 
 
28 EDUCATION IN THE COLONIES 
 
 of a petition signed by eight leading clergymen/ a religious 
 qualification was also incorporated in the bill : 
 
 "Provided that no person shall be chosen and continued 
 president, vice-president, or fellow of said corporation but such 
 as shall declare and continue their adherence unto the princi- 
 ples of reformation, which were espoused and intended by 
 those who first settled this country and founded the College, 
 and have hitherto been the profession and practice of the gen- 
 erality of the churches of Christ in New England." " 
 
 On July 13th, the Governor refused to sign this bill as it 
 had passed both Houses ; and as the Lower House would not 
 agree to the omission of the above clause, the bill was not 
 enacted.' 
 
 On July 25th, the Council, on a motion of the Lower House, 
 advised that the Governor should " continue the government 
 and direction of the College with the gentlemen of the said late 
 corporation [of 1697], to have and exercise the same until 
 further order."* The following year the legislature passed a 
 similar resolve.* In his opening speech at this session the 
 Governor expressed his regret that " what he had proposed 
 last May session for the advantage of the College, in relation 
 to the settlement of the College, had been so coldly received." ° 
 He then suggested that the legislature should petition the 
 King for a royal act of incorporation. 
 
 Consequently, on June 14th, the legislature voted to peti- 
 tion the King for the settlement of the College;' and on July 
 1 2th, both Houses sent in " an humble address '' on the subject 
 to Governor Bellomont. 
 
 " Right Honorable. It having pleased your Excellency to 
 consent and join with us in an humble address to his Majesty 
 referring to the encroachments of the French in our neighbor- 
 
 1 Acts and Resolves, I, 99, foot note. ' Ibid., I, 100. » Ibia. 
 
 * Hid., VII, 228. » Ibia., VII, 230. 
 
 «Quincy's History, I, 104. ' Aas and Resolves, VII, 245. 
 
MASSACHUSETTS 30 
 
 hood . . . also for a settlement of the college at Cambridge 
 within this province, agreeable to the ends and intent of the 
 first founders. And several articles as the heads of a charter' 
 for incorporating of the said college having been agreed to/ 
 we are bold to present the same herewith unto your Lordship. 
 And withal humbly to pray that your Lordship would be 
 pleased to improve your interest in his Majesty and the min- 
 isters of state on behalf of this province, for the obtainment of 
 his Majesty's grace and favor in those matters of so momentous 
 and important concern contained in our said address. 
 
 We repose an entire confidence in your Lordship's good in- 
 clinations and favorable disposition to his people, and are very 
 much encouraged to hope that by your Excellency's medi- 
 ation, we may find the desired success of our said humble 
 supplications to our gracious sovereign. And we pray your 
 Lordship's advice what further steps are fit to be taken by us 
 in order thereto." . . . ' 
 
 The legislature likewise voted ;^500 to be paid over to the 
 Governor " to be improved in managing " their address to the 
 King.' 
 
 On July 9th, the Lower House voted a salary of ;^220 per 
 annum to the President of Harvard College, " already chosen, 
 or that shall be chosen by this Court;" also, "that the person 
 chosen President of Harvard College shall reside at Cam- 
 bridge." A committee was then appointed "to wait on the 
 Rev. Mr. Increase Mather and acquaint him that this Court 
 
 1 Herein the obnoxious religious qualification clause was omitted ; but the visita- 
 torial power was conferred upon the Council as well as upon the Governor — an 
 equally objectionable arrangement to the King and his representative. (Quincy's 
 History, I, 107.) 
 
 ' The motion to submit a drafted charter to the king had proceeded from the 
 Lower House. After a certain amount of controversy between the Houses, the 
 appointments to the corporation were also made by the Lower Branch of Assem- 
 bly. {Ibid., I, 105-6. Also, Court Records (MSS.), VII, 1 24.) 
 
 * Acts and Resolves, VII, 252-3. 
 
 *Ibid., VII, 25o. 
 
40 EDUCATION IN THE COLONIES 
 
 hath chosen him President of Harvard College and desires 
 him to accept of said office, and so expects that he repair to 
 and reside at Cambridge as soon as may be." ' The following 
 day the Council concurred with this order and added Mr. 
 Samuel Sewall to the above committee.' 
 
 On July nth, the committee reported that Mr. Mather 
 could not remove to Cambridge without acquainting his 
 church. A message was immediately sent by the court to 
 Mr. Mather bidding him to call a meeting of his church that 
 very evening. Now, at last, his congregation consented to 
 his removal to Cambridge, and consequently on July 13th the 
 Lower House appointed a committee " to take care that a 
 suitable place at Cambridge be provided for the reception and 
 entertainment of the President of Harvard College, and to see 
 and consider what is meet to be done with respect to the 
 house already built for a president's house.'" At the same 
 time the legislature vested the care of the College in the corpo- 
 ration named in the charter of 1 699 " until his Majesty's 
 pleasure shall be known referring to the settlement of said 
 college, or that this Court take further order therein.'" 
 
 President Mather resided at the College from July until 
 October. On the 17th of that month he returned to Boston 
 and addressed a letter to Lieut- Governor Stoughton giving 
 the reasons of his return, and offering to resign.' This letter 
 was communicated to the legislature on February 26, 1701, 
 and on March 14th the Court confirmed the corporation which 
 had been nominated in the preceding July, and stated that 
 " in case of Mr. Mather's refusal, absence, sickness or death, 
 that Mr. Samuel Willard, nominated to be vice-president, with 
 the other gentlemen before named," should be intrusted with 
 the entire charge of the College.' On the following day, the 
 
 ' Acts and Resolves, VII, 255. ' Ibid. 
 
 ^ Ibid., VII, 262. *^Ibid., VII, 265. 
 
 'Quincy, I, in. <i Acts and Resolves, VII, 271-2. 
 
MASSACHUSi^TTS 
 
 41 
 
 Court ordered that the president's house should be repaired 
 and fitted up for use, and a committee was appointed for that 
 purpose and directed to bring in their accounts to the Gov- 
 ernor and Council.' 
 
 President Mather returned after this to Cambridge, and con- 
 tinued there until June 30th. ' 
 
 On August 1st, the General Court took into consideration 
 the letter to Lieutenant Governor Stoughton, in which Mr. 
 Mather announced his return for a second time to Boston, and 
 a committee was appointed " to signify to President Mather 
 that the Court desired to speak with him at 3 o'clock, post 
 meridian, relating to the affairs of the College." Thereupon 
 the Representatives were summoned to the Council Chamber, 
 and " Mr. Mather acquainted the Court that he was removed 
 from Cambridge to Boston, and as the College remained un- 
 settled, he did not think fit to continue his residence there, 
 and looked at it as a hardship to expect his removing his 
 family thither; but, if the Court thought fit he should con- 
 tinue his care of the College as formerly, he would do so." 
 
 This suggestion was not, however, acceptable to the Court, 
 and a committee was appointed to offer the Presidency to the 
 Rev. Samuel Willard.' On August 5th, the Council appointed 
 a special committee to intercede with Mr. Willard's congrega- 
 tion in favor of his removal to Cambridge.* On August 9th, 
 the Lower House resolved to leave the settlement of college 
 affairs to the care of the Council until the next meeting of the 
 Court, providing " that, if it may be, the person who shall 
 have the chief government of the College reside there." ° Mr. 
 Willard proved to be reluctant to promise to reside at the Col- 
 lege, and so on September 5 th, the Lower House passed a 
 resolve to again invite Mr. Mather " to take care of and reside 
 
 ^Acts and Resolves, VII, 275. 
 'Quincy, I, 112, and App. XVII, 501-2. 
 'Ibid., I, 112-13. *Ibid., I, 114. 
 
 5.ff«., VII, 308. 
 
^2 EDUCATION IN THE COLONIES 
 
 at the College." ' This resolve was sent up to the Council, 
 where it was negatived on the following day. Meanwhile the 
 Council sent again to Mr. Willard, and on the return of their 
 committee, a resolve was passed by the Council and concurred 
 in by the House of Representatives that Mr. Willard should 
 be accepted as vice-president on his own terms, i. e., " to reside 
 there [Cambridge] for one or two days and nights in a week, 
 and to perform prayers and expositions in the Hall, and to 
 bring forward the exercise of analyzing." " 
 
 Mr. Willard continued to serve as vice-president until his 
 death, in 1707, and he was annually allowed ;£'6o by the Gen- 
 eral Court. 3 
 
 On August 17, 1707, Mr. Willard sent in his resignation on 
 account of illness, and humbly thanked the Governor and leg- 
 islature " for their support and acceptance of his service." 
 The Council thereupon appointed a committee to join with a 
 committee of the House " to visit the Rev. Mr. Willard and 
 give him the thanks of this Court for his good service in the 
 care and government of the College for six years past." * 
 
 On November 11, 1707, the Council, 
 
 " Upon reading an humble address by the Fellows of Har- 
 vard College in Cambridge, representing their choice of Mr. 
 John Leverett * to be the present president of the said college, 
 and recommending him to his Excellency's favorable accepta- 
 tion, withal praying that he would please to present him to the 
 General Assembly and move for his honorable subsistence ; 
 
 iQuincey's History, I, 115-16. 
 
 ^Hec, VII, 312. 
 
 « Court Rec. (MSS), VIII, 12, 97, 185, 286, 360. 
 
 * Court Rec. (MSS), VIII, 327. 
 
 ' Mr. John Leverett had been appointed fellow of the corporation in 1685. He 
 became obnoxious to President Mather on account 'of his liberal religious viewsi 
 and in the President's draft of a charter in 1697, his name was excluded from the 
 corporation. It was reinserted, however, by the Lower House. In the drafts of 
 1699 and 1701 Leverett was again excluded. In 1701, Mr. Leverett was speaker 
 of the House. (Quincy's History, I, 87, 101, 106.) 
 
iMASSACBUSETTS 42 
 
 the above said address being also accompanied with addresses 
 from thirty-nine ministers, voted that the said election be 
 accepted, and that Mr. Leverett be desired and impowered to 
 take the care and government of the College as president ac- 
 cordingly.'" 
 
 The Lower House refused to concur in this vote ; and on 
 November 29th, they sent up to the Council a message in 
 writing for " the choice of a suitable person to take care of the 
 College until the session of the Court in May next."^ On De- 
 cember 3d, the Council refused to act with the House in this 
 matter. On December 4th, the House passed a measure re- 
 scinding their vote of July, 1700, for establishing the Presi- 
 dent's salary at iJ^220 per annum.' The Council then proposed 
 that the House should grant a suitable salary to Mr. John 
 Leverett while " residing at Cambridge and discharging the 
 proper duties to a president belonging : — and entirely devote 
 himself to that service." At the same time, the Council re- 
 solve : 
 
 "And inasmuch, as the first foundation and establishment of 
 that house [Harvard College], and the government thereof, had 
 its original from an act of the General Court, made and passed 
 in the year, 1650 which has not been repealed or nulled, the 
 president and fellows of the said college are directed, from 
 time to time, to regulate themselves according to the rules 
 of the constitution by the said act prescribed; and to exer- 
 cise the powers and authorities thereby granted for the gov- 
 ernment of that house and the support thereof"* 
 
 1 Court Rec. (MSS.), VIII, 340. 
 
 ^Ibid., I, 157. ^ Acls and Resolves, VIII, 255. 
 
 ' Hid., VIII, 257. Governor Dudley, shortly after his arrival in Massachusetts 
 in 1703, assured the General Court of his vi'illingness to appeal to Queen Anne in 
 behalf of Harvard College. Again, in 1705, Dudley intimated to the Council that 
 in case of proper application there was reason to hope for the granting of a roya' 
 charter to the College. But no application had been made. (Quincy's History 
 I, 149, IS3-40 
 
,. EDUCATION IN THE COLONIES 
 
 The House concurred with this resolve on December 6th, 
 and appropriated ;£'i50 for a president's salary. 
 
 In November, 1708, the Lower House appointed a com- 
 mittee " to take care for the repairs of the house built for the 
 use of the President of Harvard College at Cambridge." ' In 
 August, the House orders ;^I2 to be paid to this committee 
 for the purchase of necessary materials. ' In February, 1709, 
 this account, together with a further account of £\\ is. 2d., 
 was approved by the committee on repairs, " excepting a 
 pump of three pounds," and reported to the House. The 
 House voted that £% is. 2d. should be paid over to President 
 Leverett, to defray the cost of the articles approved of by the 
 committee.^ In all the above particulars the Council con- 
 curred. 
 
 In November, 171 1, the Lower House resolved on a mem- 
 orial of President Leverett to increase his allowance for the 
 coming year by £10. The Council concurred. * This addi- 
 tional grant was probably continued to President Leverett 
 during his presidency. * 
 
 On February 6, 17x7, Governor Shute, who had succeeded 
 Governor Dudley in 171 5, opened a special legislative session 
 with the following words : 
 
 " Gentlemen : I had not given you or myself the trouble of 
 a winter session, but that through the providence of God in the 
 late sickness we were obliged to break up the last session 
 before some affairs of importance were finished, and among 
 others a proposal that was then made for some additional 
 building to your college at Cambridge. I doubt not but it 
 was very acceptable to hear the sons of the prophets say the 
 place where we dwell is too straight for us. You are very 
 much in the right to have the interests of learning much at 
 heart, and therefore, if any further building for that purpose 
 
 1 Court Rec. (MSS. ), VIII, 420. » Ibid., VIII, 478-9. » Ibid., IX, 7-8. 
 ' Ibid., IX, 147. 6 Quincy, II, 227. 
 
MASSA CHUSETTS 
 
 45 
 
 be intended the next summer, you must make the proper pro- 
 vision for it this session."^ 
 
 On the same day the committee of both Houses that had 
 been appointed to consider a memorial that had been ad- 
 dressed to the legislature in the preceding October, reported 
 that " having met at the college in Cambridge, December 27, 
 17 17, and enquired into the accommodations that are there at 
 present for the students (graduates and undergraduates)," they 
 " find it necessary that some further building be erected for the 
 making provision of 40 or 50 studies more, that all the stu- 
 dents may be entertained within the College." " On February 
 7, this committee was instructed by both Houses to draw up 
 a plan for the needed building, with an estimate of its cost. ' 
 On February 14th, it is moved in the Lower House and con- 
 curred in by the Council that thanks should be returned to 
 the Governor " for his care to promote good literature, without 
 which religion will not be upheld amongst us ; but in as much 
 as the charge of the said building is like to be very consider- 
 able, and a great part of this House is absent," it is further 
 voted that consideration of the affair be postponed to the next 
 May session of the legislature. * 
 
 On July 4th, the Lower House appointed a committee to 
 take charge of the new building and voted ;^iSOO to that 
 object.* On May 29, 1719, petitions from the corporation of 
 Harvard College and the committee on building were pre- 
 sented in the House,^ and it was accordingly voted that the 
 new building should extend lOO instead of 50 feet, and that 
 an additional appropriation of ;^2,ooo ' should be made. It is 
 
 1 Court Rec. (MSS.), X, 228-9. ' ^f>id., X, 229-30. 
 
 » Ibid., X, 233 * Ibid., X, 245. - Ibid., X, 315. 
 
 * By a committee which had been appointed at a special meeting of the Gov- 
 ernor and Council and the overseers of the College called to discuss the affair. 
 Quincy, I, 222-3. 
 
 'Only ;f3339 19s. Ild. of the total appropriation were expended by the com- 
 mittee. The remaining £\(>o id. were given by the Court to the committee for 
 their good services. {^Court Rec. (MSS.), XI, 45.) 
 
46 EDUCATION IN THE COLONIES 
 
 also resolved " that the rent paid by the students ... in the 
 said building shall not exceed 20s. per man per annum. And 
 that the said rents from time to time shall be improved for no 
 other use than the repairs of the said building unless by the 
 direction of this Court.' 
 
 On June 20, 1718, the Lower House ordered " that an addi- 
 tional building of brick be made to Harvard College to begin 
 about 6 foot to the southwest of Stoughton House, and to ex- 
 tend in length westward 47 and an half foot or thereabouts 
 not exceeding 50, of the same breadth of Harvard College and 
 of a suitable height not exceeding the height of Harvard Col- 
 lege ; with three upright stories and a convenient roof of a suit- 
 able pitch." ^ The Council concurred in this order. 
 
 In the year 1722 there was much activity in the legislature 
 concerning the administration of the College. In June the 
 Lower House voted, " Whereas, by reason of the small pox 
 being in the town of Boston and several other towns the sum- 
 mer past, several of the students of Harvard College were 
 absent a great part of the year past. And upon its approach 
 into the town of Cambridge in November last, that society was 
 broken up for some time, and being not long since got to- 
 gether, and the commencement near at hand . . . that the 
 gentlemen of the corporation be advised that the vacation 
 usually allowed and given to the students after the commence- 
 ment, which was four or five weeks, do not exceed one week, 
 but that the students may in some measure regain their lost 
 time by reason of their long absence occasioned as aforesaid, 
 that the fellows, tutors and students be not allowed to be ab- 
 sent more than a week from the commencement; and then 
 put into commons again, and so follow their usual studies and 
 recitations. 
 
 [June 21] In Council read and concurred. Consented to. 
 
 Samuel Shute.'" 
 
 1 Court Rec. (MSS.), X, 397. ^ Ibid., X, 297. ^ Ibid., XI, 323. 
 
MASSACHUSETTS 47 
 
 On June 28th the committee of both Houses, which had 
 been appointed to consider a petition of the overseers for the 
 enlargement of the corporation,' reported: 
 
 " First, that it was the interest of the said college that the 
 tutors of the said college, or such as have the instruction and 
 government of the students there, should be fellows and mem- 
 bers of the corporation of the said college, provided they ex- 
 ceed not five in number. 
 
 " Secondly, that none of the said fellows be overseers. 
 
 " Thirdly, that the president and fellows of the said college, 
 or the major part of them, are not warranted to fix or establish 
 any salary or allowance for their service without the approba- 
 tion and consent of the overseers." 
 
 The Council sent this report to the House with a message 
 " that the Council, being overseers of the College, it is thought 
 proper that the House pass first on the report." The report 
 was accepted by the House of Representatives, and it was re- 
 solved " that the corporation for the future practice accord- 
 ingly." ■' 
 
 The object of these provisions on the part of the legislature 
 was the exclusion from the corporation of three non-resident 
 fellows who had become obnoxious to the majority of the over- 
 seers on account of their ecclesiastical liberality. In view of 
 this fact Governor Shute signed the measures on condition 
 that " the Rev. Mr. Benjamin Wadsworth and the Rev. Mr. 
 Benjamin Colman and the Rev. Mr. Appleton are not removed 
 by said orders, but still remain fellows of the corporation." " 
 
 1 This petition, which was presented to the legislature on June 13, urged that 
 " for as much as by the good hand of God . . the number of students ... is 
 greatly increased, and the affairs and business of the college also much enlarged, 
 it is apprehended that the corporation should be enlarged, which cannot be with- 
 out the aid of the General Assembly; . . . and that if in their wisdom they shall 
 think it beneficial, they will please . . to make a convenient addition to the 
 corporation, and therein to have regard to the President, Fellows and Tutors that 
 they may be of that number." {I6id., XI, 311.) 
 
 2 Hid., XI, 333-4. ' Quincy's History, I, 303. 
 
48 EDUCATION IN THE COLONIES 
 
 On July 5th, the Lower House acquaint the Governor that, 
 inasmuch as this proviso " has a tendency entirely to defeat 
 the design and purpose of those votes," they, therefore, "desire 
 his Excellency to pass absolutely thereupon, according to the 
 constant usage and practice ever since the present happy con- 
 stitution." 
 
 To this the governor answered : " Gentleman, I received your 
 message relating to the affairs of the College, and altho' I am 
 not obliged to give my reasons for my manner of signing or 
 my refusing to sign any vote, yet I think it proper so to do 
 upon this occasion, and therefore I do now inform you, that 
 the limitations with which I signed the Resolve were agree- 
 able to the explanation made to me by the Council at the time 
 of my signing, and also agreeable to the intention of the Over- 
 seers in their address to the General Court; wherefore I can 
 not consent unto those votes upon any other terms than what 
 I have already done, until I have appointed an overseers' meet- 
 ing for their further opinion in this matter." 
 
 It was thereupon voted in the House of Representatives 
 " that the explanation made by the Council to his Excellency 
 seems inconsistent with their own vote upon the Resolve; and 
 therefore this House insist upon their desire that his Excel- 
 lency would pass upon it absolutely without any proviso or 
 limitation." ' 
 
 The struggle between the corporation and the overseers 
 continued. The Lower House sided with the overseers, and 
 on November 22d, they warned the corporation to keep more 
 strictly within the limits of the charter " lest they endanger the 
 early privileges of the institution." ^ The corporation formally 
 protested against this charge and petitioned for a hearing, "the 
 corporation not having as yet been heard thereupon." " On 
 December 12th the Lower House voted that the petition be 
 dismissed "as altogether groundless and no ways to be justi- 
 fied." * 
 
 1 Court Rec. (MSS.), XI, 352. « Quincy's History, I, 306. 
 
 » Ibid., I, 306-7. 1 Ibid., I, 307. 
 
MASSACHUSETTS ^g 
 
 On January i8, 1723, the House revived those measures to 
 which the Governor had refused his unqualified consent in the 
 preceding summer. The Council referred this action of the 
 Lower Branch to the following session.' Then, on August 
 24th, after a hearing had been given to the president of the 
 corporation on the one hand and to tutors Sever and Welsted, 
 who represented the opposition party, the January vote of the 
 Lower House was re-read and non-concurred.^ 
 
 The Council likewise non-concurred in an attack which the 
 House made upon the College in the preceding month of June. 
 " The theses of the bachelors to be graduated at the Com- 
 mencement, to be held at Cambridge the first Wednesday of 
 July next, being produced at the House, and the House 
 observing the dedication thereof not to be properly ad- 
 dressed, " voted that it is derogatory to the honor of the Lieut. 
 Governor, who is now Commander-in-Chief of this province* 
 and the head of the overseers of the College to have the im- 
 pression of those theses go out as they now are ; and therefore 
 ordered that the printer, Mr. Bartholomew Green, be and 
 hereby is directed not to deliver any of those theses till they 
 shall be properly addressed."' 
 
 In May, 1724, President Leverett died. ° On June 12th, the 
 Corporation represent to the Council that it will be necessary 
 to provide a residence for the incoming president, and they 
 suggest that as Mr. Leverett's house is about to be sold by 
 his heirs, ' it would be well for the Court to appoint a com- 
 
 1 Court Rec. (MSS.), XI, 465-6. ' Ibid., XII, 23. 
 
 ' The objection of the House cannot be ascertained from the records. Quincy's 
 History, I, 311. 
 
 * Governor Shute went to England on January I, 1723. 
 
 » Court Rec. (MSS.), XI, 525. 
 
 ^Quincy, I, 323. 
 
 ' President Leverett's estate vpas in debt to the extent of £2fiao. In 1726 Mr. 
 Leverett's daughters stated to the General Court that their father had been obliged 
 to pile up a debt of ;^ioo every year during his presidency. They also stated that 
 the President's house had been pulled down to make way for the new college 
 
to EDUCATION IN THE COLONlES 
 
 mittee to negotiate its purchase in view of the fact that the 
 college revenues are appropriated elsewhere. This memorial 
 " was sent down recommended " to the Lower House ; ' but 
 the only attention it received by that body resulted in the ap- 
 pointment of a committee " to make enquiry into the state of 
 the college treasury, and how the income and profits thereof 
 are appropriated, and how the rents of the new college have 
 been disposed of and what are the necessary charges of the 
 colleges." ' This vote was non-concurred by the Council. 
 
 On December nth, a committee of the overseers informed 
 the Court of the election of the Rev. Mr. Colman' to the 
 presidency of the College, and petitioned the Court to allow 
 him a larger salary than had been usually allowed. The op- 
 position of the Lower House to Mr. Colman is evident from the 
 procrastinating nature of their vote on this subject. " For as 
 much as at present it is uncertain whether the church, of 
 which the Rev. Mr. Colman is pastor, can be persuaded to 
 part from him, or whether Mr. Colman is inclinable to leave 
 his church and undertake the office of President of Harvard 
 College, and this being a matter of great weight and import- 
 ance, especially to the establishment of the churches in this 
 province, as well as to the said college ; therefore, voted that 
 the further consideration of this memorial be referred until the 
 
 building, and that for four years they had been put to the expense of £'2a annual 
 rent; moreover, that two months' rent was due for their house while it was occu- 
 pied by their father's successor. The Lower House refused to grant more than 
 £Tp to the petitioners, £20 for arrears of salary antecedent to President Leverett's 
 death and £\o for the two months' rent of his house by President Wadsworth. 
 The House refused to reconsider this vote, although "earnestly recommended to 
 do so by the Council, who stated that in their opinion "the justice and power of 
 this Court is much concerned in making compensation to the heirs of the said 
 president for the loss accruing to his estate through the insufficiency of his allow- 
 ance." {Court Kec. (MSS.), XIII, 237.) 
 
 1 Ibid., XII, 177-8. 2 Ibid., XII, 200. 
 
 'Mr. Colman had been pastor of the reform Brattle Street church since its 
 foundation in 1698. 
 
MASS A CHUSE TTS 
 
 SI 
 
 said Mr. Colman's mind, as well as of the church of which he 
 is pastor, be communicated to this Court." ' 
 
 This vote was non-concurred in by the Council. Mr. Col- 
 man having refused to accept the presidency until the ques- 
 tion of salary was settled, the overseers again petitioned the 
 General Court on the subject.^ Accordingly, on December 
 1 8th, the question was put in the House of Representatives 
 " Whether the Court will establish a salary or allowance on 
 the President of Harvard College for the time being before the 
 person chosen to that office had accepted the duty and trust 
 thereof." ^ It passed in the negative nemine contradicente. 
 This vote was non-concurred in by the Council. 
 
 On June 17, 1725, the Rev. Mr. Benjamin Wadsworth was 
 elected President of the College, and on the following day the 
 Lower House appointed a committee to enquire into the finan- 
 cial condition of the College and " to look out a suitable house 
 for the reception of the president, that so an honorable settle- 
 ment and support may be allowed for the Reverend the Presi- 
 dent of Harvard College, which is the full intention of this 
 Court." At the same time the Court voted a salary of ^^150 
 to Mr. Wadsworth. 
 
 These measures were concurred in by the Council and con- 
 sented to by Governor Dummer.* 
 
 On June 23d, this Committee was further empowered by the 
 General Court to procure a temporary residence for President 
 Wadsworth and his family until the next legislative session.* 
 On January I, 1726, the Lower House 
 
 " Resolved, That the sum of £'jo be allowed and paid out 
 of the public treasury to the Rev. Mr. Benjamin Wadsworth, 
 President of Harvard College, which, with the sum of ^^'150 
 granted to the said Mr. President Wadsworth the last session 
 of this Court, and the sum of £iZ9^ so much remaining in the 
 
 1 Quincy, I, 333. « Ibid., I, 337. 
 
 s Court Rec. (MSS.), XII, 296. 
 
 ♦ Ibid., XII, 37 1-2. 6 liid,^ XII, 390. 
 
52 
 
 EDUCATION IN THE COLONIES 
 
 hands of the corporation of the College, being for the rents of 
 Massachusetts Hall for the first five years, exclusive of all 
 charges and repairs thereon, together with the sum of ^41 for 
 the rent of the said Massachusetts Hall for the year current, 
 which this Court do hereby appropriate and order to be paid 
 to the said Mr. President Wadsworth, making in the whole the 
 sum of ;£'400, the Court are of opinion is a sufficient and hon- 
 orable support and maintenance for him, the said president, for 
 one year. 
 
 "And that the said Mr. President Wadsworth may be fur- 
 ther encouraged cheerfully to go through the momentous 
 affairs of his office, it is further resolved, and this Court do 
 freely give, grant and appropriate the future annual rents 
 and incomes of Massachusetts Hall to him, the said Mr. 
 President Wadsworth. 
 
 " And, whereas, there is not at present any convenient 
 house provided for the reception and entertainment of the 
 president of the said college for the future, and the Court being 
 willing and desirous to repeat their intentions and inclinations 
 in all things for the prosperity of that society, and that the 
 same may flourish under the divine influence, it is resolved 
 that the sum of ;^iooo be allowed and paid out of the public 
 treasury to the corporation of Harvard College, and by them 
 to be forthwith used and disposed of for the building and finish- 
 ing a handsome wooden dwelling house, barn, housing, etc., 
 on some part of the land adjacent and belonging to the said 
 college, which is for the reception and accommodation of the 
 Rev. the President of Harvard College for the time being." ' 
 
 "And it appearing by the accounts rendered by the college 
 treasurer, that there has been occasion to disburse very con- 
 siderable sums of money the year past out of the incomes and 
 revenues of the said colleges' estate, partly to the resident 
 
 ' The President's house eventually cost ;^l8oo. The corporation twice peti- 
 tioned the legislature to appropriate an additional ;£8oo to the building, but both 
 times they were' unsuccessful. (Quincy, I, 381, 382.) 
 
MASSACHUSETTS 53 
 
 fellows before the election of Mr. President Wadsworth, and 
 other charges occasioned for repairing the ways at Charlestown 
 for the better accommodation of travellers passing over the 
 Ferry at Charles River, which it is to be hoped there will not 
 be the like occasion of for the future, the corporation will be 
 able to grant such allowances out of their unappropriated in- 
 comes and revenues which will in a great measure support and 
 maintain the Rev. Mr. President, and this Court will not have 
 occasion to make such drafts on the public treasury as they 
 have done for the present year for his support and mainten- 
 ance. . . . 
 
 " In Council read and concurred. Consented to. 
 
 " Wm. Dummer." ' 
 
 In June, 1727, Dr. Timothy Cutler" and Mr. Samuel Myles, 
 ministers of the Episcopal church in Boston, petitioned the 
 general court to be assigned a place on the Board of Overseers 
 as " teaching elders " of Boston. This petition was accom- 
 panied by a memorial signed by seventy representative mem- 
 bers of the Episcopal church in and near Boston, who urged 
 that the College was " the common nursery of piety and learn- 
 ing to New England in general, as well to those that are of the 
 order of the Church of England as to them that are of the order 
 of the churches of New England."' 
 
 In August, the Court sent copies of these memorials to the 
 board of overseers and postponed the discussion of the ques- 
 tion to the following session.* On December 28th, these 
 memorials, the overseers' replies and the counter replies of the 
 petitioners were taken into consideration by the House, and 
 " the question was put whether it is within the intent and 
 
 1 Court Rec. (MSS.), XIII, 98-9. 
 
 ' Having been converted to episcopacy Dr. Cutler was forced to resign from the 
 rectorship of Yale College in 1722. He then went to England, was ordained in 
 the established church and in 1724 was sent as missionary to Boston. (Quincy's 
 History, I, 365.) 
 
 » Ibid., I, 369-70. * Hid., I, 37 1 . 
 
e. EDUCATION IN THE COLONIES 
 
 meaning of the charter granted to the said college that the 
 reverend memorialists, the said Dr. Timothy Cutler and Mr- 
 Samuel Myles, ought to be deemed members of the Board of 
 overseers." The resulting negative vote in the House was 
 concurred in by the Council and consented to by the Governor.' 
 
 On January ii, 1728, this question was again discussed by 
 the Court with the same result. 
 
 In 1737 President Wadsworth died and the Rev. Mr. Hol- 
 yoke was elected president. The legislature appropriated ;^200 
 to President Holyoke for one year over and above the rents of 
 Massachusetts Hall, and for the encouragement of his separa- 
 tion from the society at Marblehead where he had been ofificiat- 
 ing as minister, ^^^140 were voted to be granted to the society 
 upon the ordination of his successor.'' About this time the 
 legislature began to make annual grants to the members of the 
 faculty, ;£^iOO to the Hollisian professor of divinity '' as a grat- 
 uity in consideration of his faithful discharge of the great and 
 important trust reposed in him and for his further encourage- 
 ment therein ;" £<^o to the Hollisian professor of mathematics 
 and natural philosophy, and later in the century, from ;£'20 to 
 £i,0 to the instructor in Hebrew. The grant to the president 
 continued to be from i^200 to ;^250.' 
 
 During President Holyoke's administration the corporation 
 became involved in a dispute with the tax assessors of Boston 
 and Chelsea. The action of the General Court was favorable 
 to the corporation,* and on January 5, 1753, upon the report 
 of the joint committee which had been appointed to consider 
 the question of Harvard's liability to taxation, the legislature 
 took occasion to resolve " that the real and personal estate be- 
 longing to the corporation and the president, . . . not exceed- 
 ing the sum of ;£"500 per annum ought to be, and the same is 
 
 1 Court Rec. (MSS.), XIII, 501. ' Quincy, II, 10. 
 
 Ibid., II, 227-8, and Court Rec. (MSS.), XXII, 497-8; XXIII, 244-6; 
 XXV, 136-7, 378-380; XXVI, 166, 383. 
 • Court Rec. (MSS.), XIX, 186-7. 
 
MASSACHUSETTS 55 
 
 hereby exempted from all civil impositions whatsoever, and 
 that for the future a clause be inserted in the several tax acts 
 to exempt the same accordingly, and that as soon as the 
 revenue of the college amounts to ;^Soo per annum, the col- 
 lege treasurer do give an account thereof into the secretary's 
 office." 1 
 
 In 1754 the legislature passed an act empowering the cor- 
 poration to sell all real-estate which might accrue to the College 
 by virtue of a judgment recovered on any mortgage or by vir- 
 tue of an execution for the satisfaction of a judgment in any 
 personal action.^ At the same time the corporation was also 
 empowered to dispose of a farm which belonged to the College 
 and was situated in that part of the town of Billerica called 
 Shawshin." ' 
 
 On January 29, 1762, the inhabitants of the county of Hamp- 
 shire petitioned the legislature for a charter for a college in the 
 western part of Massachusetts. The Council rejected the peti- 
 tion by a large majority. But the House voted in its favor by 
 a small majority. An appeal was then made to Governor 
 Bernard, and he agreed to sign a charter for the petitioners. 
 The overseers of Harvard College at once remonstrated, on the 
 ground that the establishment of a second collegiate institution 
 would be most prejudicial to Harvard College. Governor 
 Bernard was influenced by the stand of the Harvard overseers, 
 and so the scheme for a western seminary was defeated.* 
 
 In 1762 the board of overseers appointed a committee, pre- 
 sided over by Lieutenant Governor Hutchinson, to petition the 
 
 ' Court Rec. (MSS.), XIX, 537. 
 
 ^The charter of 1650 gave no power to the corporation to alienate land. To 
 this end an act of legislature was necessary; as, for example, in 1733, when the 
 legislature granted a petition of the corporation to sell certain small tracts of land 
 in the town of Rowly — a bequest of one Mr. Ezekiel Rogers — and to invest the 
 proceeds in land more advantageously situated. (CoKr/ i?«. (MSS.), XV, 429, 
 464.) 
 
 ^ Acts and Resolves, III, 749. See also Court Rec. (MSS.), XX, 230. 
 
 'Quincy, II, 105-111. 
 
eg EDUCATION IN THE COLONIES 
 
 legislature for aid in the erection of a new college building.' 
 Accordingly, on June 12th, the Lower House appropriated 
 ;£"2000 to this purpose. It was provided that the new building 
 should be of the same dimensions as Massachusetts Hall, and 
 that its cost should be limited to the estimate which had been 
 presented to the Court the preceding year. A joint committee 
 of the two Houses was appointed to carry out the work.' 
 
 Two days later, the Court voted a further sum of ;^500 ster- 
 ling to Royal Tyler " toward purchasing from England nails, 
 glass and other materials for the building the new college in 
 Cambridge, which materials the said Royal Tyler, Esq., has 
 generously offered to procure for the province free from any 
 advance or profit." ' 
 
 In Februaiy, 1763, an additional sum of ;£'iooo was appro- 
 priated to the use of the committee. * 
 
 On December 30th, the committee delivered the keys of the 
 completed structure into the custody of the General Court. 
 The committee also stated that the new hall had cost ;^530 
 7$. and 2d. more than had been estimated, i. e., ;^4283. After 
 a debate in the House the extra sum was voted in full pay- 
 ment of the building. A committee was then appointed by 
 both Houses to consider to what use the rents of the new 
 building should be applied." * 
 
 On January 13, 1764, both branches of the legislature met 
 in the college chapel, and Governor Bernard, at the request of 
 the President, christened the new building Hollis Hall. ° Three 
 days after this dedication the members of the legislature took 
 refuge in Cambridge from the small pox, which had broken 
 out in Boston. They assembled in Harvard Hall. On the 
 night of January 24th this building was burned to the ground.' 
 
 1 Ibid., II, 100. 2 Court Rtc. (MSS.), XXIV, 436. 
 
 »/i5!V., XXIV, 439. 
 
 ♦ Ibid., XXIV, 617. 6 /^jV., XXV, I lo-i. 
 
 « Quincy, II, 102. 1 1bid., II, 112. 
 
MASSACHUSETTS 57 
 
 On January 26th, Governor Bernard sent the following mes- 
 sage to the House of Representatives : 
 
 " I heartily condole with you on the unfortunate accident 
 which has happened to the College, and we have been the 
 melancholy spectators of As your bounty has just now been 
 largely extended to that society, I should not so soon ask you 
 to repeat it upon any common occasion. But as this ex- 
 traordinary event occurred whilst the building was in your 
 immediate occupation, there seems to be an obligation that 
 you should replace it. However it is considered, as a duty 
 or a fresh call for your benevolence, I shall be glad to join 
 with you and the Council in proper measures to retrieve 
 this loss."' 
 
 Both branches of the legislature at once voted unanimously 
 that " the college be rebuilt at the charge of the province." 
 A joint committee^ was appointed, and .£^2000 were appropri- 
 ated for that purpose. This committee was directed " to 
 procure a water engine for the use of the College, not exceed- 
 ing ;^ioo."' During the following year the General Court 
 ordered .^379 4s. i8d. to be paid over to those students who 
 had lost property in the fire. * 
 
 On November 3d, the legislature voted an additional £2.000 
 to the committee on rebuilding. ' 
 
 In March, 1765, the legislature voted that the cellars and 
 rooms of HoUis Hall should be rented, so as to produce 
 ;^ioo of annual rental, £\o to be reserved as a repair fund, 
 and £gQ to be applied for the support of the college tutors, 
 and the purchase of books for the library' 
 
 ' Court Rec. (MSS), XXV, 152. 
 
 ' On January 31 President Holyoke was added to this committee. 
 
 ' Ibid., XXV, 153. * Ibid., XXV, 192, 321. 5 Ibid., XXV, 321. 
 
 ' Quincy, II, 102. The old library had been eiitirely destroyed in the burning 
 of Harvard Hall. (^Ibid., II, 1 13.) In the winter of '65-'66 the laws of the 
 province and the journals of the Lower House were presented to the library by 
 the legislature. (^Court Rec. (MSS.), XXVI, 108.) 
 
eg EDUCATION IN THE COLONIES 
 
 On June 20th, the legislature voted ;^iooo to the committee 
 on rebuilding " to enable them to proceed in that affair." ' 
 
 On June 13th, 1766, the sum of ;£'iii2 i8s. yA.. was or- 
 dered to be paid to the committee as payment in full for 
 the rebuilding of Harvard Hall. "^ 
 
 In this same month a lottery act was passed by the legisla- 
 ture to provide funds for the building of a new college hall. 
 
 The preamble reads as follows : 
 
 " Whereas, the buildings belonging to Harvard College are 
 greatly insufficient for lodging the students of the said col- 
 lege, and will become much more so when Stoughton Hall 
 shall be pulled down, as, by its present ruinous state, it ap- 
 pears it soon must be ; and, whereas, there is no fund for erecting 
 such buildings, and considering the great expense which the 
 General Court has lately been at in building Hollis Hall, and 
 also in rebuilding Harvard College, it cannot be expected 
 that any further provision for the College should be made out 
 of the public treasury, so that no other resort is left but pri- 
 vate benefactions, which it is conceived, will be best excited 
 by means of a lottery. . . . Be it enacted," etc. ' 
 
 ELEMENTARY AND SECONDARY EDUCATION 
 
 Six years after the General Court had made provision for 
 collegiate education, it turned its attention to the general edu- 
 cational conditions ' of the colony. At a General Court of Elec- 
 tions held at Boston on June 14, 1642, the Court, " taking into 
 consideration the great neglect in many parents and masters in 
 training up their children in learning and labor and other em- 
 ployments which may be profitable to the Commonwealth, do 
 hereupon order and decree that in every town the chosen men 
 appointed for managing the prudential affairs of the same shall 
 
 1 Court Etc. (MSS.), XXVI, 49. » Ibid., XXVI, 254-5. 
 
 'Acts and Resolves, iv, 834, and v, 212-13. 
 
 *As early as June 2, 1641, the Court desired the elders lo make out "a cate- 
 chism for the instruction of youth in the grounds of religion." Mass. Col. Rec. 
 
 328. 
 T, 
 
MASS A CHUSE TTS 
 
 59 
 
 henceforth stand charged with the care of the redress of this 
 evil, so as they shall be liable to be punished or fined for the 
 neglect thereof upon any presentment of the grand jurors or 
 other information or complaint in any plantations in this juris- 
 diction ; and for this end they, or the greater part of them, shall 
 have power to take account from time to time of their parents 
 and masters and of their children, concerning their calling and 
 employment of their children, especially of their ability to read 
 and understand the principles of religion and the capital laws 
 of the country, and to impose fines upon all those who refuse 
 to render such accounts to them when required; and they shall 
 have power, with consent of any court or magistrate, to put 
 forth apprentices the children of such as shall not be able and 
 fit to employ and bring them up, nor shall take course to dis- 
 pose of them, of such as they shall find not to be able and fit 
 to employ and bring them up, nor shall take course to dispose 
 of them themselves ; and they are to take care that such as are 
 set to keep cattle be set to some other employment withal, as 
 spinning up on the rock, knitting, weaving tape, etc.;^ and 
 that boys and girls be not suffered to converse together, so as 
 may occasion any wanton, dishonest or immodest behavior. 
 And for their better performance of this trust committed to 
 them, they may divide the town amongst them, appointing to 
 every of the said townsmen a certain number of families to have 
 special oversight of. They are also to provide that a sufficient 
 quantity of materials, as hemp, flax, etc., may be raised in their 
 several towns, and tools and implements provided for working 
 out the same. And for their assistance in this so needful and 
 beneficial employment, if they meet with any difficulty or op- 
 position which they cannot well master by their own power, 
 
 1 All subsequent poor and apprenticeship laws provided for the instruction of 
 apprentices to read and write "as they may be capable." (Acts and Resolves, 
 I, 538, 654.) In 1741 poor children who were bound out were ordered to be taught, 
 "males to read, write and cypher; females to read, as they respectively may be 
 capable." ( Temporary Acts and Laws of His Majesty's Province of the Massa. 
 chusetts Bay in New England, p. 30. Boston, 1742.) 
 
6o EDUCATION IN THE COLONIES 
 
 they may have recourse to some of the magistrates, who shall 
 take such course for their help and encouragement as the oc- 
 casion shall require, according to justice. And the said towns- 
 men, at the next court in those Hmits, after the end of their 
 year, shall give a brief account in writing of their proceedings 
 herein; provided, that they have been so required by some 
 court or magistrate a month at least before. And this order 
 to continue for two years, and till the Court shall take further 
 order." ' 
 
 On May 14, 1645, the General Court passed an order for 
 the military training of youth, an outcome probably of the 
 recently formed defensive league of the United Colonies. 
 
 " Whereas, it is conceived that the training up of youth to 
 the art and practice of arms will be of great use to this coun- 
 try in divers respects, and amongst the rest, that the use of 
 bows and arrows may be of great concernment, in defect of 
 powder upon any occasion, it is therefore ordered that all youth 
 within this jurisdiction from ten years old to the age of six- 
 teen years, shall be instructed by some one of the officers of 
 the band." ' 
 
 Two years later, on November 11, 1647, the General Court 
 laid the foundation of all subsequent school legislation in the 
 colony. 
 
 " It being one chief point of that old deluder, Satan, to 
 keep men from the knowledge of the Scriptures, as in former 
 times, by keeping them in an unknown tongue, so in these 
 latter times, by persuading from the use of tongues, that so at 
 last the true sense and meaning of the original might be 
 clouded by false glosses of saint-seeming deceivers, that learn- 
 ing might not be buried in the grave of our fathers in 
 church and commonwealth, the Lord assisting our endeavors, — 
 It is therefore ordered that every township in this jurisdiction, 
 after the Lord hath increased them to the number of fifty 
 householders, shall then forthwith appoint one within their 
 
 1 Mass. Col. Rec, II, 8-9. » Ibid., Ill, \1. 
 
MASSACHUSETTS 6 1 
 
 town to teach all such children as shall resort to him to write 
 and read, whose wages shall be paid either by the parents or 
 masters of such children, or by the inhabitants in general, by 
 way of supply, as the major part of those that order the pru- 
 dentials of the town shall appoint ; ' providing, those that send 
 
 1 Many of the towns within the colony had already set to keeping schools or 
 schoolmasters. 
 
 In 1635 the town of Boston, " at a general meeting upon public notice," agreed 
 " that our brother Philemon Pormort shall be entreated to become schoolmaster 
 for the teaching and nurturing children with us," (^Second Report of the Record 
 Commissioners of the city of Boston, p. 5, Boston, 1881.) The next year "at a 
 general meeting of the richer inhabitants, there was given towards the mainten- 
 ance of a free school master for the youth with us, Mr. Daniel Maud being now 
 also chosen thereunto." {Hid., p. 160, note.) In 1641 a general townsmeeting 
 ordered that Deare Island should be improved for the maintenance of a free 
 school for the town. {Hid., p. 65.) In 1644 the island was let for three years, 
 paying £•] a year for the use of the school. [Ibid., p. 82.) 
 
 In a general meeting of the town of Dedham in 1643, and by " unanimous con- 
 sent ... 40 acres at the least or 60 acres at the most," were " set apart for public 
 use, viz.: for the town, the church anda free school." (Dedham Town Records, III, 
 92. ) In 1644, " the inhabitants taking into serious consideration the great necessity 
 far providing some means for the education of the youth . . , did with unani- 
 mous consent declare by vote their willingness to promote that work, promising 
 . to provide maintenance for a free school . . . and farther did resolve and 
 consent ... to raise the sum of ;^20 per annum towards the maintaining of a 
 schoolmaster. . Hid., Ill, 105. 
 
 In August, 1645, the inhabitants of Roxbury " in consideration of their religious 
 care of posterity" having taken thought "how necessary the education of their 
 children in literature will be to fit them for public service both in church and com- 
 monwealth," unanimously agree to erect a free school and to allow ;f 20 per annum 
 to the schoolmaster to be raised out of properties given by certain of the inhabi- 
 tants of the town. These donors also elect seven trustees to attend to the whole 
 business of the school. {A History of the Grammar School, pp. 7-9. C. K. 
 DiUaway, Boston, i860.) 
 
 In Charlestown, the school was supported in 1647 by the rent of some islands, 
 the income from the Mystic weir and a rate. ( The Evolution of the Massachu- 
 setts Public School System, p. 49. George H. Martin, A. M., New York, 1894.) 
 Prior to 1647 t*"^ school at Cambridge was supported wholly by tuition fees. 
 {Ibid.) In Dorchester the school was supported by private donations and leased 
 town lands, (Ibid., pp. 49-50.) In Ipswich, income from rents, lands, annuities 
 and tuition fees constituted the school fund. {Ibid., p. 50.) In Salem, parents 
 subscribed to the school and poor children depended on a town rate. {Ibid.) 
 
62 EDUCATION IN THE COLONIES 
 
 their children be not oppressed by paying much more than 
 they can have them taught for in other towns ; and it is forth- 
 with ordered that where any town shall increase to the num- 
 ber of loo families or householders, they shall set up a gram- 
 mar school, the master thereof being able to instruct youth so 
 far as they may be fitted for the university, provided, that if 
 any town neglect that performance hereof above one year, that 
 every such town shall pay £t, to the next school till they 
 shall perform this order." ^ 
 
 In November, 1659, the General Court granted, on petition, 
 one thousand acres of land to Charlestown and Cambridge 
 " upon condition that they forever appropriate it to that use 
 [grammar school], and within three years, at farthest, lay out 
 the same, and put it on improvement ; and in case that they fail 
 of maintaining a grammar school during the said time, they 
 shall so do, the next grammar school of what town so ever, 
 shall have the sole benefit thereof" The next year the Court 
 grants 500 acres of land to Roxbury' and 1000 acres to Bos- 
 ton' (to the latter in answer to a petition) for the maintenance 
 of their free sehools. 
 
 The feoffees of the Roxbury school petitioned the General 
 Court on May 20, 1669, to confirm the agreement which had 
 been made by the first inhabitants of the town for a " founda- 
 tion of a grammar school for the glory of God, the future good 
 and service of the country and of the church of Christ.' This 
 action was occasioned by some opposition in the town to the 
 school corporation, and by the loss of the school records in a 
 recent fire.* Accordingly on June 2, " for the due encour- 
 agement of the school at Roxbury," the Court appoints 
 " Major General Leveret, Mr. Edward Tyng, Mr. Stoughton 
 and Mr. Thomas Shepheard, or any three of them, to be a 
 committee to enquire into the state of this affair, to hear 
 
 1.^^^.11,203. ' /il>i</., IV, Ft. I, 400. 
 
 » Ibid., IV, Pt. I, 438. ♦ Ibid., IV, Ft. I, 444. 
 
 ' Dillaway's Grammar School, 'p^. 15-17. 
 
MASSACHUSETTS g^ 
 
 what may be said pro et con, endeavoring what in them 
 lies an amicable agreement and full settlement of that affair 
 amongst themselves, and if that cannot be obtained, to 
 make their report where the obstruction lies, and what it is, 
 to the next sessions of this Court, that so the obstructions may- 
 be removed, and so good and pious a work maybe confirmed 
 and determined according to the mind of the donors of so char- 
 itable a work."' This committee reported on May 19, 1670, in 
 favor of the petitioners, stating that the opponents of the en- 
 dowed school had admitted that, but for it there would be no 
 school in Roxbury at all.' The Court then ratified the school 
 trusteeship and empowered the feoffees " for the ordering of all 
 things for the settlement and reparation of the school house, 
 choice of master, and order of scholars, to improve all dona- 
 tions, either past or future, for the behoof and benefit of the 
 said school, without any personal or private respects, as also 
 the ordering of 20 acres of arable land, lying in the great lots, 
 which hath been in occupation for the said school about 20 
 years ; as also, that if, for the necessary and convenient future 
 being of a schoolmaster, there be necessary the future levying 
 of any further sums of money, that the said donors be absolutely 
 and wholly free from any such levy or imposition. . . . And the 
 said feoffees to be always responsible to the court of assistants 
 and donors for their faithful discharge of their trust, provided 
 there be constant provision of an able grammar schoolmaster, 
 and the school house be settled where it was first intended, and 
 may be accommodable to those whose home stalls are engaged 
 towards the maintenance thereof; and in case there be need of 
 further contribution, that the levy be equally made on all the 
 inhabitants, excepting only those that do, by virtue of their 
 subscription, pay their full proportion of the annual charges.'" 
 In 1671 the General Court judged meet " upon weighty 
 reasons," to increase the fine upon towns failing to keep a gram- 
 
 1 Rec, IV, Pt. II, 434-s. » Ibid., IV, Pt., II, 4SS-6. 
 
 3 Ibid., IV, Pt. II, 457-8. 
 
5^ EDUCATION IN THE COLONIES 
 
 mar school according to law from ^8 to ;^io/ In 1683 the 
 school law was again amended. It was provided that every 
 town of more than 500 families or householders should set up 
 and maintain two grammar schools and two writing schools, 
 and in towns of 200 famihes, where the school law was not 
 observed, the fine was increased from £\o to;^20.^ 
 
 King William's charter of 1691 to the Massachusetts Bay 
 confirmed all lawful grants which had previously been made, 
 to all persons and corporate bodies, towns, villages, colleges 
 and schools.' 
 
 Chapter 26 of the laws passed by the first Provincial Assem- 
 bly was " an act for the settlement and support of ministers and 
 schoolmasters." It reenacted that every town of the number 
 of fifty householders or upwards should " be constantly pro- 
 vided of a schoolmaster to teach children and youth to read 
 and write;" and that every town of one hundred families should 
 set up a grammar school and procure for it a " discreet person 
 of good conversation, well instructed in the tongues." The 
 selectmen* and inhabitants of every town were directed to 
 " take efifectual care and make due provision for the settlement 
 and maintenance of such schoolmasters and masters," all con- 
 tracts made with them to continue valid for the time agreed 
 upon. Failure to observe this act involved a fine often pounds 
 upon complaint made to the justices in quarter sessions, to be 
 paid towards the support of the school or schools, within the 
 
 > Rec, IV, Pt. II, 486. 2 jua,^ V, 414-5. 
 
 ' Acts and Resolves, I, 9-10. " In 1694 the General Assembly passed an act 
 which gave school trustees and others full control over their property, under the 
 title of " an act to enable towns, villages and proprietors in common and divided 
 lands, etc., to sue and be sued." {Ibid., I, 182-3.) 
 
 'By Section 6 of Chapter 28, "an act for regulating of townships, choice of 
 town officers, and setting forth their power," selectmen were empowered to assess 
 the inhabitants of the towns for the charges of the ministry, the schools and the 
 poor according to the agreement of the major part of the inhabitants in town 
 meeting, and the constables of the towns were empowered to levy and collect such 
 assessments, and to make distress upon all those refusing payment. (^Ibid, I, 66.) 
 
MASSACHUSETTS 65 
 
 same county as the defective town, at the discretion of the mag- 
 istrate. This fine was to be levied by warrant from the court 
 of sessions upon the inhabitants of the defective towns " as 
 other public charges," and to be paid into the county treas- 
 urer."' 
 
 At this same session grammar school masters were exempted 
 from poll taxes.^ The following year " professed school- 
 masters " were freed from military service.' In 1699, grammar 
 schoolmasters were also exempted from watch and ward and 
 from taxes on their personal estate.* 
 
 In the general excise law that was passed in May, 1700, it 
 was provided that of the fine of ^4 for breaking the law, one- 
 half was to go to the informer, and the other half to the support 
 of the grammar or writing school or schools of the town in 
 which the offence should be committed, or in the absence of a 
 school in such town, then to the school in the adjacent town.5 
 This act was renewed in 1701, and again in 1703." 
 
 On June 28, 1701, the legislature passed an act in addition 
 to an act for the settlement and support of schools and school- 
 masters. The additional act is necessarj', according to the 
 preamble, because the observance of the former, " wholesome 
 and necessary law is shamefully neglected by divers towns, and 
 the penalty therefore not required, tending greatly to the nour- 
 ishing of ignorance and irreligion, whereof grievous complaint 
 is made." Therefore it is " enacted and declared by the Lieu- 
 tenant-Governor, Council and Representatives in General Court 
 assembled, and by the authority of the same, that the penalty 
 or forfeiture for non-observance of the said law shall henceforth 
 be twenty pounds per annum, and so proportionably for a lesser 
 time that any town shall be without such settled schoolmaster 
 respectively, to be recovered, paid and employed in manner 
 and to the use as by the law is directed ; any law, usage or 
 custom to the contrary notwithstanding. Every grammar 
 
 ^ Ibid.,l,b7r-z. i Ibid.,\, 2!). '/Wa'., I, 130. 
 
 * Ibid., I, 382, 416. 5 fi,ici_^ I, 435. 6 /^jV/., I, 477, 478, 528-9. 
 
66 EDUCATION IN THE COLONIES 
 
 schoolmaster to be approved by the minister of the town, and 
 the ministers of the two next adjacent towns, or any two of 
 them by certificate under their hands. And be it further en- 
 acted, that no minister of any town shall be deemed, held or 
 accepted to be the schoolmaster of such town within the intent 
 of the law. And the justices of the peace in each respective 
 county are hereby directed to take effectual care that the laws 
 respecting schools and schoolmasters be duely observed and 
 put in execution; and all grand jurors, within their respective 
 counties, shall diligently inquire and make presentment of all 
 breaches and neglect of the said laws, that so due proscution 
 may be made agamst the offenders.'" 
 
 In 1703, fines of 40 s. incurred by failure of tax assessors to 
 enforce the law were ordered to be paid over one-half to the 
 informer, and one-half to the support of the schoolmaster of 
 the town. In case there was no schoolmaster in the town, 
 then the money was to go to the next grammar schoolmaster 
 in the county.' 
 
 Towards the close of Queen Anne's war strenuous efforts were 
 made in the colony towards checking the demoralization natu- 
 ral to a prolonged period of warfare. Chapter 6 of the laws 
 passed at the spring session of 1712, was "An Act against 
 intemperance, immorality and prophaneness, and for reforma- 
 tion of manners." Sections 16, 17 and 18 bear upon education. 
 
 [Section XVI.] " And for as much as the well educating and 
 instructing of children and youth in families and schools are a 
 necessary means to propagate religion and good manners ; and 
 the conversation and example of heads of families and schools 
 having great influence on those under their care and govern- 
 ment to an imitation thereof:" 
 
 [Section XVII.] " Be it enacted by the authority aforesaid, 
 that no person or persons shall or may presume to set up or 
 keep a school for the teaching and instructing of children or 
 
 I Ibid., I, 470. 2 jiij^ I, s 16. 
 
MASSACHUSETTS 67 
 
 youth in reading, writing, or any other science, but such as are 
 of sober and good conversation, and have the allowance and 
 approbation of the selectmen of the town in which any such 
 school is to be kept ; grammar schoolmasters to have appro- 
 bation as the law in such case already provides." 
 
 [Section XVIII.] " And if any person or persons, after pub- 
 lication of this act, shall be so hardy as to set up or continue 
 to keep any such school, without allowance and approbation as 
 aforesaid, the person or persons so offending shall forfeit and 
 pay the sum of forty shillings to the use of the poor of the 
 town where such school shall be set up or continued to be 
 kept, contrary to this act ; and so, toties quoties, as often as 
 they shall be convicted, any law, usage or custom to the con- 
 trary notwithstanding."^ 
 
 Six years later the school law itself was made more strin- 
 gent by " An Act in addition to the several acts for settlement 
 and support of schoolmasters. 
 
 " Whereas, notwithstanding the many good and wholesome 
 laws of this province for the encouraging of schools, and the 
 penalty, first of ten pounds, and afterwards increased to twenty 
 pounds, on such towns as are obliged to have a grammar 
 schoolmaster, and neglect the same; yet by sad experience 
 it is found that many towns that not only are obliged by 
 law, but are very able to support a grammar school, yet chose 
 rather to incur and pay the fine or penalty than maintain a 
 grammar school, 
 
 " Be it enacted by his excellency the Governor, Council and 
 Representatives in General Court assembled, and by the author- 
 ity of the same, that the penalty or forfeiture for non-observ- 
 ance of the said law henceforth shall be thirty pounds on every 
 town that shall have the number of one hundred and fifty fam- 
 ilies, and forty pounds on every town that shall have the num- 
 bumber of two hundred families, and so, pro rata, in case the 
 town consist of two hundred and fifty or three hundred fami- 
 1 Ibid., I, 681-2. 
 
68 EDUCATION IN THE COLONIES 
 
 lies, to be recovered, paid and employed in manner and to the 
 use as by the law is directed ; any law, usage or custom to the 
 contrary notwithstanding.'" 
 
 Laxness of school regulations does not seem to have been 
 checked by increasing severity in the school law. Sections 5 
 and 6 of an act passed in 1735 for employing and providing 
 for the poor of the town of Boston are proof of this condition. 
 
 [Section V.] " And forasmuch as there is great negligence 
 in sundry persons as to the instructing and educating their 
 children, to the great scandal of the Christian name, and of 
 dangerous consequence to the rising generation : 
 
 [Section VI.] " Be it further enacted that where persons 
 bring up their children in such gross ignorance that they do 
 not know or are not able to distinguish the alphabet or twenty- 
 four letters, at the age of six years, in such case, the overseers 
 of the poor are hereby empowered and directed to put or 
 bind out into good families such children, for a decent and 
 Christian education, as when parents are indigent and rated 
 nothing to the public taxes, unless the children are judged 
 incapable, through some inevitable infirmity.'" 
 
 In 1759 the legislature granted a petition of the inhabitants 
 of the West Wing of Rutland, in the county of Worcester, to 
 be incorporated into a precinct, and the inhabitants were em- 
 powered, among other privileges, to " appoint and pay " a 
 schoolmaster for the instruction of their children.' Nine years 
 later a general law was passed for precinct schools. 
 
 " An Act in further addition to the several Acts for the set- 
 tlement and support of schools and schoolmasters. 
 
 " Whereas, it may happen that where towns or districts con- 
 sist of several precincts, some such precincts may be disposed 
 to expend more for the instruction of children and youth, in 
 useful learning, within their own bounds, than, as parts of such 
 towns or districts, they are, by law, held to do, and no provi- 
 sion has hitherto been made to enable precincts to raise money 
 
 1 Ibid., II, 100. « Ibid., II, 757-8. = Ibid., IV, 174. 
 
MASSACHUSETTS 
 
 69 
 
 for that purpose ; and whereas, the encouragement of learning 
 tends to the promotion of religion and good morals, and the 
 establishment of liberty, civil and religious : 
 
 " Be it therefore enacted by the Governor, Council and House 
 of Representatives, that when and so often as the major part of 
 the inhabitants of any precinct, at their annual meeting legallly 
 warned, shall agree on the building, finishing or repairing of 
 any school house, or the defraying any other charge for the 
 support of schools and schoolmasters, and shall also agree on 
 any sum or sums of money for such purpose or purposes, the 
 assessors of such precinct are hereby empowered and required 
 to assess the same on the polls and estates within the said pre- 
 cinct ; and all such rates or assessments shall be paid to the 
 constable or collector to whom the same shall be committed, 
 with a warrant from said assessors in form as by law is pre- 
 scribed for collecting of town assessments ; and every consta- 
 ble or collector to whom any such rates or assessments shall 
 be committed, with a warrant as aforesaid, shall levy, gather 
 and receive the same, according to the direction in the warrant 
 to him given, and shall account for all such sums as he shall 
 so receive, and make payment of the same to the treasurer of 
 such precinct or other receiver, as, by his warrant, he shall be 
 required ; and be subject to the pains and penalties, in case of 
 neglect, as is by law provided in the several acts of this pro- 
 vince, respecting the levying and collecting of other precinct 
 assessments. 
 
 This act to continue and be in force until July, one thous- 
 and seven hundred and seventy, and no longer. 
 
 Passed February 26; pubhshed March 5, 1768.'" 
 
 INDIAN EDUCATION. 
 
 In a letter written on February 16, 1629, by Mr. Matthew 
 Craddock, Governor of the Massachusetts Company in Eng- 
 land, to Mr. John Endicott in New England, the colonists are 
 
 J Ibid., IV, 988. 
 
yo EDUCATION IN THE COLONIES 
 
 urged not to be " unmindful of the main end " of their planta- 
 tion, " by endeavoring to bring the Indians to a knowledge of 
 the gospel." They are further instructed to "get some of 
 their children to train up to reading, and consequently to 
 religion, while they are young." ' In this earnest purpose to 
 educate and convert the natives, the Company remained stead- 
 fast; but the General Court appears to have delegated the work 
 to the commissioners of the United Colonies, to the corpora- 
 tion of Harvard College, and to individual effort. Through 
 the influence of the agent of the United Colonies in England, 
 the " Society for Propagating the Gospel in New England " 
 was incorporated by act of Parliament in 1649. The society 
 contributed to the education of Indian youths at Harvard.' It 
 may have been noted that the college charter of 1650 provided 
 for the training of Indian as well as English youth. The re- 
 port made by the colony secretary in answer to the enquiries 
 of the royal commissioners in 1665, is suggestive of the general 
 relation of the government to the education of their Indian 
 neighbors. 
 
 " Concerning the civilizing and instructing the Indians in 
 the knowledge of God and humane learning, there is a small 
 college or fabric of brick erected in Cambridge, peculiarly ap- 
 propriated to the Indians, which was built on the account and 
 by order of the corporation. There are eight Indian youths, 
 one whereof is in the College and ready to commence bachelor 
 of art, . . . and at other schools, some ready to come into 
 the College, all of which have been and are maintained on the 
 state's account and charge. There are six towns of Indians 
 within this jurisdiction who profess the Christian religion, who 
 have lands and townships set forth and appropriated to them 
 by this Court ; there are also persons appointed to govern and 
 
 1 Mass. Col. Rec, I, 384. 
 
 ' Unglish Institutions and the American Indian, pp. 53-4. James A. James, 
 Ph. D. Johns Hopkin's University Studies, Baltimore, 1894. 
 
MASSACHUSETTS 7 1 
 
 instruct them in civility and religion.' . . . They have schools 
 to teach their youth to read and write in several of their 
 towns, and many of their youth and elder persons can read 
 and write." ' 
 
 In 1727 we find the general Court directly promoting a 
 special case of Indian education. The title to a certain tract 
 of land which a body of settlers had bought from the Indians 
 of Hassanico was confirmed by the Court upon condition that 
 within three years a meeting house and school house should 
 be built in the settlement, the latter to be for the use of 
 Indian as well as English children, and that a minister and 
 schoolmaster should be always maintained in the place for the 
 benefit of the Indians and their children." 
 
 In 1762 the legislature passed an act " to incorporate certain 
 persons by the name of the society for propagating Christian 
 knowledge among the Indians of North America." The act 
 was disallowed by the Privy Council in the following year on 
 the grounds that although the corporation consisted only of 
 inhabitants of Massachusetts, its power extended beyond the 
 province, and that this extensive control might interfere with 
 the King's management of Indian affairs in America.* 
 
 ' In 1646 the Court ordered two ministers to be chosen yearly by the elders of 
 the churches to " gospelize " the Indians. (Rec, III, loo.) The following year 
 the establishment of a court for Indians was ordered. Fines imposed at this 
 court were to go to the " building of some meeting-house, or education of their 
 poorer children in learning or other public use." At this time a gratuity of ;^io 
 was given by the Court to Mr. Eliott in recognition of his work among "the pray- 
 ing Indians." (Hid., Ill, 106.) 
 
 » IHd., IV, Pt. II, 198-9. 
 
 'Acts and Resolves, II, 466. ^ Ibid., IV, 520-3. 
 
CONNECTICUT 
 
 Connecticut was settled between 1634 and 1638 by immi- 
 grants from Massachusetts and from England. Two groups 
 of settlements were made, the one on the Connecticut River, 
 the other along the sea coast. It will be well to consider 
 separately the educational histories of these two groups of 
 towns. 
 
 In 1634 and 1635, colonists from Newtown, Watertown and 
 Dorchester moved westwards and founded the towns of Hart- 
 ford, Wethersfield and Windsor.' Four years later the free- 
 men of these towns met together at Hartford and adopted a 
 general constitution of government. It was provided that the 
 admitted inhabitants of each town were to choose annually 
 four deputies to the General Court. Each spring there was to 
 be a Court of Election, at which a governor and six magistrates 
 were to be chosen by the whole body of freemen. The depu- 
 ties were to attend this Court, and after the elections, other 
 public business could be transacted. In September of every 
 year the General Court, consisting of governor, magistrates 
 and deputies, was to meet to make and repeal laws, to grant 
 levies, to admit freemen, to dispose of unappropriated lands to 
 towns or persons, to try magistrates and private persons and 
 to deal with any matters concerning the good of the Common- 
 wealth.' 
 
 The first educational project which this Court conceived of 
 as affecting the good of the Commonwealth, resulted from the 
 
 ' Saybrook was also settled at this time, but was not united with the other river 
 towns until 1644. 
 
 * The Public Records of the Colony of Connecticut, I, 20-25. Compiled by 
 J. Hammond Trumbull, Hartford, 1850. 
 
 (72) 
 
CONNECTICUT 7-j 
 
 recommendation of the Commissioners of the United Colonies 
 in September, 1644, that a general contribution in kind should 
 be made throughout the colonies for the benefit of Harvard 
 College in Cambridge." 
 
 At a General Court, held at Hartford, October 25, 1644, 
 
 " The propositions concerning the maintenance of scholars 
 at Cambridge, made by the said Commissioners is confirmed, 
 and it is ordered that two men shall be appointed in every 
 town with in this jurisdiction, who shall demand what every 
 family will give, and the same to be gathered and brought into 
 some room, in March ; and this to continue yearly as it shall 
 be considered by the Commissioners. The persons to demand 
 what will be given are, 
 
 " For Hartford, Nathaniell Waird and Ed. Stebbing. 
 
 (to gather it, Rich. Fellowes, Tho. Woodford.) 
 
 " For Windsor, Will. Gaylard, Henry Clarke. 
 
 " For Wethersfield, Mr. Trott, Mr. Wells. 
 
 " For Stratford, Will. Judson, Jo. Hurd. 
 
 " For Uncowaue, Jehue Burre, Ephraim Wheeler. 
 
 " For Southampton, Mr. More and Robert Band." ' 
 
 Eighteen months later, the Court " recommended to the 
 several towns seasonably to attend the collection for the Col- 
 lege, and send it thither in convenient time." ' 
 
 This provision concerning " college corn " was incorporated 
 in the code of laws* which was adopted by the colony in 
 1650.' The code of 1650 contained two other educational 
 enactments. 
 
 ' Acts of the Commissioners of the United Colonies of A^ew England, vol. I, 
 pp. 20-21. In Plymouth Col. Rec, vol. IV. Edited by David Pulsifer, Boston, 
 1859. 
 
 * Conn. Col Rec, I, 112. 
 
 'IHd.,1, 139. 
 
 •This code was drawn up by Roger Ludlow, who had served at different times 
 as magistrate, deputy governor and United Colonies' commissioner. 
 
 ^Jbid., I, 555. 
 
74 EDUCATION IN THE COLONIES 
 
 " CHILDREN 
 
 " Forasmuch as the good education of children is of singular 
 behalf and benefit to any commonwealth, and whereas many 
 parents and masters are too indulgent and negligent of their 
 duty in that kind ; it is therefore ordered by this Court and 
 authority thereof, that the selectmen of every town, ' in the 
 several precincts and quarters where they dwell, shall have a 
 vigilant eye over their brethren and neighbors, to see first, 
 that none of them shall suffer so much barbarism in any of 
 their families as not to endeavor to teach by themselves or 
 others their children and apprentices so much learning as may 
 enable them perfectly to read the English tongue and know- 
 ledge of the capital laws, upon penalty of twenty shillings for 
 each neglect therein ; ' also, that all masters of families do 
 once a week at least, catechise their children and servants in 
 the grounds and principles of religion ; and if any be unable 
 to do so much, that then, at the least, they procure such 
 children or apprentices to learn some short orthodox cate- 
 chism, without book, that they may be able to answer to the 
 questions that shall be propounded to them out of such cate- 
 chisms by their parents or masters or any of the selectmen, 
 when they shall call them to a trial of what they have learned in 
 this kind/ And further, that all parents and masters do breed 
 
 ' On October lo, 1639, the General Court had incorporated the several towns 
 in the colony, giving them power " to dispose of their own lands undisposed of 
 ... to choose their own officers, and make such orders as may be for the well 
 ordering of their own towns, being not repugnant to any law " estabhshed by the 
 General Court ; and " to choose but 3, S or 7 of their chief inhabitants " to meet 
 together once every two months as a court of judicature. {Ibid., I, 36-37.) 
 
 " In the revision of the laws in 1702, the law entitled " An Act for educating of 
 children " provides that the grand jurymen in each town, as well as the selectmen, 
 should be " very careful in seeing the education of children duly performed ;" and 
 grand jurymen and selectmen, as well as parents and masters, were to be fined 
 20s. for neglecting this law by any one assistant or justice of the peace. The 
 fines were to go to the town poor. {Acts and Laws of Connecticut, p. 16. New 
 London, 1715. This revision is a copy of the revision of 1702.) 
 
 " In May, 1676, the Court " solemnly recommend " the ministry to look into the 
 
CONNECTICUT 
 
 75 
 
 and bring up their children and apprentices in some honest 
 lawful labor or employment, either in husbandry, or some 
 other trade profitable for themselves and the commonwealth, 
 if they will not nor cannot train them up in learning to fit 
 them for higher employments. And if any of the selectmen, 
 after admonition by them given to such masters of families, 
 shall find them still negligent of their duty in the particulars 
 aforementioned, whereby children and servants become rude, 
 stubborn and unruly, the said selectmen with the help of two 
 magistrates shall take such children or apprentices from them, 
 and place them with some masters for years, boys till they 
 come to twenty-one and girls to eighteen years of age com- 
 plete, which will more strictly look unto, and force them to 
 submit unto government, according to the rules of this order, 
 if by fair means and former instructions they will not be 
 drawn unto it." ' 
 
 " SCHOOLS 
 
 " It being one chief project of that old deluder Satan, to 
 keep men from the knowledge of the Scriptures, as in former 
 times keeping them in an unknown tongue, so in these later 
 times by persuading them from the use of tongues, so that at 
 least the true sense and meaning of the original might be 
 clouded with false glosses of saint-seeming deceivers ; and that 
 learning may not be buried in the grave of our forefathers, in 
 Church and commonwealth, the Lord assisting our endeavors, 
 — It is therefore ordered by this Court and authority thereof, 
 that every township within this jurisdiction, after the Lord hath 
 
 state of religious instruction in families and " the townsmen are to . . . assist the 
 ministry for the reformation and education of the children in good literature and 
 the knowledge of the Scripture," according to law. {Conn. Col. Rec, II, 281.) 
 In May, 1680, the Court urges the ministers to catechise young people under twenty 
 in some orthodox catechism on the Sabbath days. {Rec, III, 65. See also Ibid., 
 Ill, 148.) 
 
 '^ Ibid., I, 520-1. 
 
^6 EDUCATION IN THE COLONIES 
 
 increased them to the number of fifty house holders, shall then 
 forthwith appoint one within their town to teach all such chil- 
 dren as shall resort to him, to write and read, whose wages 
 shall be paid either by the parents or masters of such children, 
 or by the inhabitants in general by way of supply, as the major 
 part of those who order the prudentials of the town shall 
 appoint ; provided that those who send their children, be not 
 oppressed by more than they can have them taught for in other 
 towns. And it is further ordered, that where any town shall 
 increase to the number of one hundred families or house hold- 
 ers, they shall set up a grammar school, the masters thereof 
 being able to instruct youths so far as they may be fitted for 
 the University. And if any town neglect the performance 
 hereof above one year, then every such town shall pay five 
 pounds per annum, to the next such school, till they shall 
 perform this order." ' 
 
 1 Ibid., I, 554-5. In 1642, Hartford appropriated £t,o a year for a town school. 
 In this school tuition fees were 203. a year or 6d. per week, and those not able to 
 pay were supported at town charge. In 1648, provision for a school house was 
 made. ( Tht History of Education in Connecticut, pp. 16-17, ^''d foot-note 9, 
 p. 16. Bernard C. Steincr, A. M. Bureau of Education, Circular of Information, 
 No. 2, 1893.) 
 
 The records of the town of Windsor previous to the year 1650 are not extant. 
 In February, 1656-7, the town voted that one Branker should have ^5 paid to 
 him out of the next town rate toward his maintenance of a school. In 1666-7 
 the first school house was built. ( The History and Genealogies of Ancient Wind 
 sor, I, 398. Henry R. Stiles, A. M., M. D., Hartford, 1891,) 
 
 There is no record of school provision in Wethersfield previous to the year 1658. 
 In that year a schoolmaster's salary was set at ^^25 per annum, each child to pav 
 8s. for tuition and the town to pay the balance. ( The River Towns of Connecti- 
 cut, p. 115. Charles M. Andrews. Published in Johns Hopkins University 
 Studies, Baltimore, 1889.) 
 
 In 1650, the town of Stratford agreed "to give JTifi by the year to a school- 
 master, the town to bear one-half and the parents of the children the other half." 
 {Town Rec, quoted in History of the old town of Stratford and the city of 
 Bridgeport, Connecticut, I, 159. Rev. Samuel Orcutt. Published 1886.) 
 
 The town of Farmington was not incorporated until 1645, ""^ 'here seems lo 
 be no record of an established school or schoolmaster prior to 1650. (See History 
 
CONNECTICUT yn 
 
 In 1647 President Dunster of Harvard College laid before 
 the commissioners of the United Colonies a plan for a more 
 regular contribution from the colonies that had hitherto been 
 managed. He suggested the founding of scholarships of ;^8 
 per annum and fellowships of £16 per annum. The com- 
 missioners refused to make any special requisitions upon the 
 respective colonies, but promised " to promote the contribu- 
 tions according to the former propositions.'" President 
 Dunster's suggestion, however, seems to have been acted upon 
 in part by Connecticut, for on November 23, 1653, the Court 
 "agrees and concludes that the ^20 formerly " granted to a 
 fellowship in Harvard College, shall be paid next spring."' 
 
 In 1637 a number of colonists from Yorkshire, Hertford- 
 shire and Kent arrived in Boston Harbor and from there set 
 forth during the two following years to plant settlements in 
 Connecticut. They founded the towns of New Haven, Mil- 
 ford and Guilford. In 1643 these towns agreed upon a con- 
 stitution for a general jurisdiction. It was agreed that all the 
 free burgesses of the towns, i. e. church members, should, in 
 person or by proxy, elect the Governor, Deputy Governor, 
 Magistrates, Treasurer, Secretary and Marshall of the juris- 
 diction ; and that two courts of Magistrates and two general 
 courts consisting of Governor, Deputy Governor, Magistrates 
 and Deputies — two Deputies from each town — should be held 
 
 of New Britain, with sketches of Farmington and Berlin, Connecticut, pp. 21 a- 
 214. David N. Camp, A. M., New Britain, 1889.) 
 
 In 1654, the number of rateable persons in these towns was distributed as fol- 
 lows : (Co««. Col. Rec, I, 265.) 
 
 Towns. Persons. Towns. Persons. 
 
 Hartford 177 Saybrook S3 
 
 Windsor .... 165 Stratford 74 
 
 Wethersfield 113 Farmington 46 
 
 FairHeld 94 
 
 ^ Acts of Commissioners, I, 94-95 > 96- 
 
 ' There is no record of this former grant. 
 
 » Conn. Col. Rec, I, 250. 
 
-g EDUCATION IN THE COLONIES 
 
 every year at New Haven. The General Court was to " with 
 all care and diligence provide for the maintenance of the purity 
 of religion and * * * suppress the contrary, according 
 to their best light from the word of God, and all wholesome 
 and sound advice which shall be given by the Elders and 
 churches in the jurisdiction, so far as may concern their civil 
 power to deal therein." ' The Court was also to make and re- 
 peal laws and to require their execution, " to settle and levy 
 rates and contributions upon all the several plantations, for the 
 public service of the jurisdiction,'"' and to act as a final court 
 of appeals. 
 
 In addition to this constitution of government, certain gen- 
 eral laws were adopted by the jurisdiction during the next 
 few years, which were collected and digested about 1648 or 
 1649, revised in 1655 and pubhshed in 1656.° In this code 
 occurs the following provision : 
 
 " children[s'] education 
 " Whereas too many parents and masters, either through an 
 over-tender respect to their own occasions and business, or 
 not duly considering the good of their children and appren- 
 tices, have too much neglected duty in their education while 
 they are young and capable of learning, it is ordered that the 
 deputies for the particular court, in each plantation within this 
 jurisdiction for the time being, or where there are no such 
 deputies, the constable or other officer or officers in public 
 
 ^ Records of the Colony and Plantation of New Haven, p. 115. Edited by 
 Charles J. Hoadley, M. A. Hartford, 1857. 
 ' Itid. 
 
 • Records of the Colony or Jurisdiction of New Haven. Preface, p. IV. 
 Edited by Charles J. Hoadley, M. A. Hartford, 1858. 
 
 * Governor Eaton had been requested by the Court to make this compilation. 
 In 1655, the Court " further desired the Governor to send for one of the new book 
 of laws in the Massachusetts colony, and to view over a small book of laws newly 
 come from New England which is said to be Mr. Cotton's, and to add to what is 
 already done as he shall think fit." {Ibid., pp. 146-7.) 
 
CONNECTICUT 
 
 79 
 
 trust, shall from time to time, have a vigilant eye over their 
 brethren and neighbors within the limit of the said plantation, 
 that all parents and masters do duly endeavor, either by their 
 own ability and labor, or by improving such school masters or 
 other helps and means as the plantation doth afford, or the 
 family may conveniently provide, that all their children and 
 apprentices, as they grow capable, may, through God's bless- 
 ing, attain at least so much as to be able duly to read the 
 Scriptures and other good and profitable printed books in the 
 English tongue, being their native language, and in some 
 competent measure to understand the main grounds and prin- 
 ciples of Christian religion necessary to salvation, and to give 
 a due answer to such plain and ordinary questions as may by 
 the said deputies, officers or others, be propounded concerning 
 the same. And where such deputies or officers, whether by 
 information or examination, shall find any parent or master, 
 one or more, negligent, he or they shall first give warning, 
 and if thereupon due reformation follow, if the said parents or 
 masters shall thenceforth seriously and constantly apply them- 
 selves to their duty in manner before expressed, the former 
 neglect may be passed by; but if not, then the said deputies 
 or other officer or officers, shall three months after such 
 warning, present each such negligent person or persons to the 
 next plantation court, where every such delinquent, upon 
 proof, shall be fined ten shillings to the plantation, to be levied 
 as other fines. And if in any plantation there be no such 
 court kept for the present, in such case the constable or other 
 officer or officers warning such person or persons before the 
 freemen, or so many of them as upon notice shall meet to- 
 gether, and proving the neglect after warning, shall have 
 power to levy the fines as aforesaid. But if, in three months 
 after, there be no due care taken and continued for the educa- 
 tion of such children or apprentices as aforesaid, the delinquent 
 (without any further private warning) shall be be proceeded 
 against as before, but the fine doubled. And lastly, if after 
 
8o EDUCATION IN THE COLONIES 
 
 the said warning, and fines paid or levied, the said deputies, 
 officer or officers shall still find a continuance of the former 
 negligence, if it be not obstinacy, so that such children or 
 servants may be in danger to grow barbarous, rude and 
 stubborn, through ignorance, they shall give due and reason- 
 able notice. That every such parent or master be summoned 
 to the next court of magistrates, who are to proceed as they 
 find cause, either to a greater fine, taking security for due con- 
 formity to the scope and intent of this law, or may take such 
 children or apprentices from such parents or masters, and 
 place them for years, boys till they come to the age of one 
 and twenty, and girls till they come to the age of eighteen 
 years, with such others who shall better educate and govern 
 them, both for public conveniency, and for the particular good 
 of the said children or apprentices." ' 
 
 The first reference to the subject of higher education, which 
 is recorded in the proceedings of the jurisdiction court' oc- 
 
 1 Ibid., pp. 583-4. 
 
 'The records of this General Court for the Jurisdiction between the years 1644 
 and 1653 are lost. From the records of the town court of New Haven for this 
 period it may be inferred, however, that the Jurisdiction Court took similar meas- 
 ures concerning the " college corn " as were taken by the General Court of Con- 
 necticut. In 1645, ^' * Court in New Haven, "a proposition made to the com- 
 missioners at Hartford, August, 1644, by Mr. Sheppard, pastor of the church at 
 Cambridge in the Bay, for a free contribution out of these parts of a peck of wheat 
 or the value of it of every person whose part is willing for an increase of mainten- 
 ance to the college there begun, that children (to what colony soever they belong), 
 being fit for learning, but their parents not able to bear the whole charge, might 
 the better be trained up for public service, was considered and fully approved, and 
 Mr. Atwater and Goodman Davis were intreated for that first year to receive and 
 collect it that it may be sent accordingly." (Rec. of Col. and Plantation, p. 210.) 
 Accordingly the following year, the Treasurer reported that he had sent 40 bushels 
 of wheat to the College by Goodman Codman, " although he had not received so 
 much." {Ibid., p 225.) At the same Court "it was propounded that the free 
 gift of corn to the College might be continued as it was the last year, and it was 
 granted." [Ibid.) And Brother Abraham Bell and Brother Matthew Camfield 
 were chosen collectors for the current year. Wampum was allowed to be paid by 
 those that had not corn to pay in, and 2 or 3 months time was allowed for men to 
 
CONN^ECTICUT § I 
 
 curred in the year 1655. On May 30 of that year, Governor 
 Eaton " remembered the Court of some purposes which have 
 formerly been to set up a college at New Haven, and informed 
 them that now again the motion is revived,' and that the depu- 
 ties might be prepared to speak to it, letters were sent to the 
 
 bring it in to the collectors. (/^jV., pp. 225-6.) In 1647, " the Governor pro- 
 pounded that the college corn might be forthwith paid, and that considering the 
 work is a service to Christ, to bring up young plants for his service, and besides it 
 will be a reproach that it shall be said New Haven is fallen off from this service." 
 (/«(/., pp. 311-312.) 
 
 1 On March 23, 1647, the town court of New Haven appointed a committee to 
 dispose of certain town lots and " to consider and reserve what lot they shall see 
 meet and most commodious for a college, which they desire may be set up so soon 
 as their ability will reach thereunto." i^Rtc. of Col. and Plantation, p. 376.) 
 
 In the records of the town of Guilford for 1652, it is noted that "the matter 
 about a college at New Haven was thought to be too great a charge for us of this 
 Jurisdiction to undergo alone, especially considering the unsettled state of New 
 Haven town, being publicly declared from the deliberate judgment of the most 
 understanding men to be a place of no comfortable subsistence for the present in- 
 habitants there. But if Connecticut do join, the planters are generally willing to 
 bear their just proportion for erecting and maintaining a college there, however 
 they desire thanks to Mr. Goodyear [Deputy Governor] for his kind proffer to the 
 setting forward of such work." (Given in Steiner's History of Education in Con- 
 necticut, p. 19.) 
 
 On May 22, 1654, the town of New Haven " was informed that there is some 
 -motion again on foot concerning the setting up of a college here at New Haven, 
 which, if attained, will in all likelihood prove very beneficial to this place, but 
 now it is only propounded to know the town's mind and whether they are willing 
 to further the work by bearing a meet proportion of charge, if the Jurisdiction, 
 upon the proposal thereof, shall see cause to carry it on. No man objected, 
 ■but all seemed willing, provided that the pay which they can raise here will do it. 
 {Town Rec, II, 151, given in Rec. of Col. or Jurisdiction, p. 141, foot-note.) 
 
 The next year, on May 21st, 1655, the subject is revived in town meeting, and 
 "because " in some respects this seems to be a season, some disturbances being at 
 present at the college in the Bay, and it is now intended to be propounded to the 
 General Court, therefore this town may declare what they will do by way of en- 
 couragement for the same, and it would be well if they herein give a good example 
 to the other towns in the jurisdiction, being free in so good a work. Mr. Daven- 
 port and Mr. Hooke [assistants to Mr. Davenport] were both present upon this 
 occasion, and spake much to encourage the work." ( Town Rec, II, 169, given 
 in Ibid.) 
 
82 EDUCATION IN THE COLONIES 
 
 plantations to inform them that it would now be propounded. 
 He acquainted them also that New Haven have, in a free way 
 of contribution, raised above three hundred pound to en- 
 courage the work, and now desired to know what the other 
 towns will do. The magistrate and deputies from Milford de- 
 clared that if the work might comfortably be carried on, their 
 town would give one hundred pounds ; but those from the 
 other towns seemed not prepared, as not having taken a right: 
 course, and therefore desired further time to speak with their 
 towns again and take the same course New Haven have done, 
 and they will then return answer. And for a committee to 
 receive these accounts and upon receipt of them to consider 
 whether it be meet to carry on the work, and how, and what- 
 ever considerations and conclusions may be meet for the fur- 
 therance of it, they agree that each town choose some whom 
 they will intrust therein and send them to New Haven upon 
 Tuesday come fortnight, which will be the nineteenth of June, 
 to meet in the afternoon, by whom also they promise to send 
 the account, what their several towns will raise for the work; 
 the major part of which committee meeting and the major 
 part of them that meet agreeing, shall conclude what shall 
 be done in this business."' 
 
 The following July, Governor Eaton ^ reported in a town 
 meeting at New Haven, that about ;£'240 had been promised 
 for the college outside of New Haven. The town thereupon 
 agreed to pay £()0 a year for the president's salary and inci- 
 dental expenses.' 
 
 '^ Rec. of Col. or Jurisdiction, pp. 141-2. 
 
 ' Theophilus Eaton was the son of a minister at Stony Stratford, Oxfordshire. 
 He became deputy governor of the East India Company. In 1637 he came out 
 to New England with his pastor, the Rev. Mr. Davenport. He officiated for a 
 short time as magistrate in Massachusetts, and from 1639 to 1657, the year of his 
 death, he was governor of New Haven Colony. (^History of Connecticut, \, 
 240. Benjamin Trumbull, D. D., Hartford, 1797.) 
 
 'The Founding of Yale College, p. 2. Franklin B. Dexter. New Haven 
 Historical Society Papers, Vol. III. New Haven, 1882. 
 
CONNECTICUT 
 
 83 
 
 Here the project for a college came to a standstill. Two 
 years later, however, the General Court renewed its activity in 
 behalf of education, and on May 27, 1657, " it was propounded 
 that the Court should think of some way to further the setting 
 up of schools for the education of youth in each plantation, for 
 though some do take care that way, yet some others neglect 
 it, which the Court took into consideration, and seeing that 
 New Haven' hath provided that a school master be main- 
 tained at the town's charge, and Milford hath made provi- 
 sion in a comfortable way, they desire the other towns '^ should 
 follow their example, and therefore did now order, that in 
 every plantation where a school is not already set up and 
 maintained, forthwith endeavors shall be used that a school- 
 master be procured they may attend that work, and what 
 salary shall be allowed unto such school master for his pains, 
 one-third shall be paid by the town in general as other rates, 
 the good education of children being of public concernment, 
 and the other two-thirds by them who have the benefit thereof 
 by the teaching of their children." 3 
 
 In 1659 provision for a colony school was undertaken by 
 the General Court. " The Court looking upon it as their great 
 
 • On February 25, 1642, New Haven orders " that a free school shall be set up 
 in this town, and our pastor, Mr. Davenport, together with the magistrates shall 
 consider what yearly allowance is meet to be given to it out of the common stock 
 of the town, and also what rules and orders are meet to be observed in and about 
 the same." {Rec. of Col. and Plantation, p. 62.) Four years later in a 
 revision of certain orders of the town court, which was made in February, 1645, 
 the following statement occurs: "For the better training up of youth in this town, 
 that through God's blessing they may be fitted for public service hereafter, either 
 in church or commonwealth, it is ordered, that a free school be set up. Ac 
 cording to which order, twenty pounds a year was paid to Mr. Ezekiell Cheevers, 
 the present schoolmaster, for two or three years at first, but that not proving a 
 competent maintenance, in August, 1644, it was enlarged to thirty pounds a year 
 and so continued." [I6id., p. 210. See also Tie Republic of New Haven, p. 68, 
 and footnotes. Charles H. Levermore, Ph. D. Baltimore, 1886.) 
 
 ' Guilford, Stamford, Branford. 
 
 * Rec. of Col. or Jurisdiction, pp. 219-220. 
 
84 EDUCATION IN THE COLONIES 
 
 duty to establish some course that (through the blessing of 
 God) learning may be promoted in the jurisdiction as a means 
 for the fitting of instruments for public service in church and 
 commonwealth, did order that £Afi a year shall be paid by the 
 treasurer for the furtherance of a grammar school for the use 
 of the inhabitants of this jurisdiction, and that ;^8 more shall 
 be disbursed by him for the procuring of books of Mr. Blin- 
 man [some time pastor of the church at New London] such 
 as shall be approved by Mr. Davenport and Mr. Peirson [pas- 
 tor of the church at Branford], as suitable for this work. The 
 appointing of the place where this school shall be settled, the 
 person or persons to be employed, the time of beginning, etc., 
 is referred to the Governor, Deputy Governor, the magistrates 
 and ministers settled in the jurisdiction, or so many of them 
 as upon due notice shall meet to consider of this matter." ' 
 
 At this meeting the Deputy Governor' and deputies of 
 Guilford offered the house which formerly belonged to their 
 minister " for the furtherance of this work," and declared 
 " that they judged it reasonable that if the said school should 
 be settled in any other place by those which are appointed to 
 determine this question, that the like allowance should be 
 made by that plantation where it falls, answerable to what by 
 Guilford is now propounded." ' 
 
 The next year the subject of a colony school was revived 
 through the activity of the Rev. Mr. Davenport in procuring 
 an endowment from Edward Hopkins' "for the furtherance of 
 the work of Christ " in the colony.* 
 
 ^ Rec. of Col. or yurisdiition, p. 301. 
 
 'William Leete of Guilford, Governor of Connecticut, 1676-1683. 
 
 ' Ibid., pp. 301-2. 
 
 'About 1655, Mr. Davenport had written to Edward Hopkins in England for 
 aid for the projected college. Hopkins was a son-in-law of Governor Eaton, and 
 was among the first settlers of New Haven. He was alternately Governor and 
 Deputy Governor of Connecticut between 1643 and 1654. He died in England 
 in 1657, and bequeathed all his American estate, about 1000 lbs., with the excep- 
 tion of certain legacies, to the interests of education. (Trumbull's History, I, 
 241-2; Rec. of Col. or Jurisdiction, pp. 370-372.) 
 
 ' Ibid., p. 370. 
 
CONNECTICUT 85 
 
 On May 30, 1660, Mr. Davenport delivered over to the 
 court of magistrates his part in the trusteeship which had 
 been confided to him, together with the late Governor Eaton 
 and Captain Cullick and Mr. Goodwin/ of Hartford, for the 
 advancement of learning in the colony. The charge was 
 " thankfully accepted " by the magistrates,' and on June 4th 
 Mr. Davenport presented the matter in General Court. He 
 attached certain conditions to the government's acceptance of 
 the bequest. The town of New Haven was to appropriate a 
 town lot and the rent of the oyster shell field, " formerly sepa- 
 rated and reserved for the use and benefit of a college," to the 
 erection and yearly support of the college.' 
 
 The colony school was to open before the beginning of win- 
 ter, and a schoolmaster was to be provided to teach Latin, 
 Greek and Hebrew, " so far as shall be necessary to prepare 
 them [the scholars] for the college." Moreover, if the Court 
 settled this school in New Haven and contributed ;£^iOO, over 
 and above the £^0 already promised, to the building of a 
 school-house and library, the town was to appropriate to 
 this common school part of the amount that it had formerly 
 granted to the town school. 
 
 The governor, magistrates, elders and deputies were to 
 " solemnly and together visit the grammar school once every 
 year, — to examine the scholars' proficiency in learning, " and 
 a committee of church members, presided over by the gov- 
 ernor, were to consult together in " emergent difficult cases " 
 concerning the school and college. 
 
 The teaching elders were to make orders for the school and 
 college, to be approved by the magistrates and ratified by the 
 General Court, — Mr. Davenport himself to be consulted in 
 emergencies and given a negative vote. 
 
 • The ruling elder of the church at Hartford. 
 ' Ibid., p. 356. 
 
 ' Compare the donation of the town of Cambridge of 2 acres and % of an acre 
 to Harvard College. Pierce's Hist, of Harvard University, p. 5, foot-note 3. 
 
86 EDUCATION IN THE COLONIES 
 
 It is moreover stipulated "that parents will keep such of 
 their sons constantly to learning in the schools, whom they 
 intend to train up for public serviceableness, and that all their 
 sons may learn, at the least to write and cast up accounts 
 competently, and may make some entrance into the Latin 
 tongue." 
 
 To the above propositions the Court responded as follows: 
 " The Court being deeply sensible of the small progress or 
 efficiency in learning that hath yet been accomplished, in the 
 way of more particular town schools, of later years in this 
 colony, and of the great difficulty and charge to make pay, etc., 
 for the maintaining children at the schools or colleges in the 
 Bay, and that notwithstanding what this Court did order last 
 year or formerly, nothing hath yet been done to attain the ends 
 desired, upon which considerations and other like, this Court, 
 for further encouragement of this work, doth now order, that 
 over and above the £Afi per annum, granted the last year for 
 the end then declared, that .£'100 stock shall be duly paid in 
 from the jurisdiction treasury, according to the manner and 
 times agreed and expressed in the court records, giving and 
 granting that special respect to our brethren at New Haven, to 
 be first in embracing or refusing the Court's encouragement or 
 provision for a school, whether to be settled at New Haven 
 town or not ; but if they shall refuse, Milford is to have the 
 next choice, then Guilford, and so in order every other town on 
 the main within the jurisdiction have their liberty to accept or 
 refuse the Court's tender, yet it is most desired of all that New 
 Haven would accept the business, as being a place most to ad- 
 vantage the well carrying on of the school, for the ends sought 
 after and endeavored after thereby; but the college (after 
 spoken of) is affixed to New Haven (if the Lord shall succeed 
 that undertaking.) It is further agreed that all and every 
 plantation who have any mind to accept the propositions about 
 the school, shall prepare and send in their answer unto the 
 
 ^ Rec. of Col. or yurisdiction, pp. 372-4. 
 
CONNECTICUT %-j 
 
 committee chosen (of all the magistrates and settled elders of 
 this jurisdiction, to order, regulate and dispose all matters con- 
 cerning the school, as the providing instruments and well 
 carrying on of the business, from time to time as they shall 
 judge best), before the 24 of June instant, that so if any planta- 
 tion do accept, the committee may put forth their endeavors to 
 settle the business ; but if all refuse, then it must be suspended 
 until another meeting of this General Court. 
 
 And for further encouragement of learning, and the good 
 of posterity in that way, Mr. John Davenport, pastor of the 
 church of Christ at New Haven, delivered up all his power 
 and interest, as a trustee by Mr. Hopkins, for recovering and 
 beetowing all that legacy given by him, for the end of further- 
 ance to the settlement of a college at New Haven ; . . . The 
 General Court . . . accepted the trust and shall endeavor by 
 God's help to get in the said estate and improve it to the end 
 it was given for.' By way of further answer to what was pro- 
 pounded by Mr. Davenport in his writing presented, the 
 Court declared that it was their desire that the colony 
 school may begin at the time propounded, and to that end 
 desire that endeavors may be put forth by the committee 
 of magistrates and settled elders formerly appointed for 
 the providing a schoolmaster, etc. and to whom also they 
 leave it to appoint a steward or receiver, which steward or 
 receiver they empower as is propounded, and to settle a 
 committee from among themselves to issue emergent cases, 
 and to take order that a chest be provided wherein the 
 writings may be laid up that concern this business. The 
 Court further declared that they do invest Mr. Davenport 
 with the power of a negative vote, for the reason and in the 
 cases according to the terms in his writing specified, and 
 that they shall be ready to confirm such orders as shall be 
 presented which in the judgement of the Court shall be con- 
 ducible to the main end intended. 
 
 1 The General Court of Connecticut laid a restraint upon Mr. Hopkins' estate 
 which was not removed until March, 1664. {Conn. Col. Rec, I, 578, foot note.) 
 
88 EDUCATION IN THE COLONIES 
 
 It is ordered for the encouragement of such as shall dili- 
 gently and constantly (to the satisfaction of the civil authority 
 in each plantation) apply themselues to due use of means for 
 the attainment of learning which may fit them for public 
 service, that they shall be freed from payment of rates with 
 respect to their persons ; provided that if any such shall leave 
 off or not constantly attend those studies, they shall then be 
 liable to pay rales in all respects as other men are. 
 
 It is ordered that if the colony school shall begin at any 
 time within the first half year from this court of election, that 
 £ArO shall be paid by the treasurer for this year, and if it shall 
 begin at any time before the election next, that £20 shall be 
 paid by the treasurer upon that account. 
 
 To the printed law concerning the education of children, it 
 is now added, that the sons of all the inhabitants within this 
 jurisdiction, shall (under the same penalty) be learned to write 
 a legible hand so soon as they are capable of it." ' 
 
 In accordance with the above orders, the school committee, 
 consisting of the Governor, the Deputy Governor, Mr. Treat, 
 Mr. Davenport and Mr. Street, successor to Mr. Hooke, magis- 
 trates and settled elders, met together on June 28, and 
 " agreed that Mr. Peck, now at Guilford, should be school- 
 master, and that it should begin in October next, when his 
 half year expires there ; he is to keep the school, to teach the 
 scholars Latin, Greek and Hebrew, and fit them for the college; 
 and for the salary, he knows the allowance from the colony is 
 ;£'40 a year ; and for further treaties, they must leave it to New 
 Haven, where the school is ; and for further orders concerning 
 the school and well carrying it on, the elders will consider of 
 some against the court of magistrates in October next, when 
 things as there is cause, may be further considered.'" 
 
 At a General Court in May, 1661," sundry propositions" 
 were presented by Mr. Peck, school-master: " i. That the 
 
 ^ Rec. of Col. or yurisdiction, pp. 374-6. 
 i/wjV., p. 377. 
 
CONNECTICUT 89 
 
 master shall be assisted with the power and counsel of any 
 of the honored magistrates or reverend elders, as he finds need 
 or the case may require. 2. That Rectores scholse be now 
 appointed and established. 3. What is it the jurisdiction 
 expects from the master, whether anything besides instruction 
 in the languages and oratory ? 4. That two indifferent men be 
 appointed to prove and send to the master such scholars as be 
 fitted for his tuition. 5. That two men be appointed to tafte 
 care of the school, to repair and supply necessaries as the case 
 may require. 6. Whether the master shall have the liberty to 
 be at neighbors' meetings once every week. 7. Whether it 
 may not be be permitted that the school may begin but at 
 eight of the clock all the winter half year. 8. That the master 
 shall have the liberty to use any books that do or shall belong 
 to the school, g. That the master shall have liberty to receive 
 into and instruct in the school scholars sent from other places 
 out of this jurisdiction, and that he shall receive the benefit 
 of them, over and above what the jurisdiction doth pay him. 
 10. That the master may have a settled habitation not at his 
 own charge. 11. That he shall have a week's vacation in the 
 year to improve as the case may require. 12. That his person 
 and estate shall be rate-free in every plantation of this juris- 
 diction. 13. That half the year's payment shall be made to, 
 and accounts cleared with the master, within the compass of 
 every half year. 14. That 40li, alias forty pounds, per annum, 
 be paid to the schoolmaster by the jurisdiction treasurer and 
 that 10 li, alias ten pounds, per annum, be paid to him by New 
 Haven treasurer. 15. That the major part of the aforesaid 
 payments shall be made to the schoolmaster in these particu- 
 lars as followeth, viz.: thirty bus. of wheat, two bbls. of pork, 
 and two bbls. of beef, forty bus. of Indian corn, thirty bus. of 
 pease, two firkins of butter, one hundred pounds of flax, thirty 
 bus. of oats. Lastly, that the honored Court would be pleased 
 to consider of, and settle these things, this court times, and to 
 confirm the consequent of them, the want of which things, 
 
90 
 
 EDUCATION IN THE COLONIES 
 
 especially some of them, doth hold the master under discour- 
 agement and settlement ; yet these things being suitably con- 
 sidered and confirmed, if it please the honored Court further 
 to improve him who at present is schoolmaster, although un- 
 worthy of any such respect, and weak for such a work, yet 
 his real intention is to give up himself to the work of a gram- 
 mar school, as it shall please God to give opportunity and 
 assistance.' 
 
 The Court considering of these things, did grant as follow- 
 eth, viz.: to the second, they did desire and appoint Mr. J. 
 Davenport, senior, Mr. Street and Mr. Pearson to take that 
 care and trust upon them ; to the third, they declared that 
 besides that which he expressed, they expected he- should 
 teach them to write so far as was necessary to his work ; to 
 the fourth, they declared, that they left it to those before men- 
 tioned ; to the eight, they declared that he should have the 
 use of those books, provided a list of them be taken ; and the 
 ninth, they left to the committee for the school ; and the rest 
 they granted in general, except the pork and butter, and for 
 that, they did order that he should have one barrel of pork 
 and one firkin of butter provided by the jurisdiction treasurer, 
 though it be with some loss to the jurisdiction, and that he 
 should have wheat for the other barrel of pork. This being 
 done Mr. Peck seemed to be very well satisfied.'" 
 
 But Mr. Peck's school did not pro.sper in any high degree, 
 for at a meeting of the committee for the colony school, on 
 June i8, 1662, "the committee considering of the business 
 left to them about the laying down or continuing of the colony 
 school, after serious debate of the business, did this conclude, 
 that finding not sufficient grounds of discouragement at pres- 
 ent so as to lay it down, did leave it to go on for further trial, 
 until the General Court should again meet, desiring that those 
 who have any children fit to send, that they would send them 
 
 > Ibid, pp. 407-8. J Ibid., p, 408. 
 
CONNECTICUT OI 
 
 to it for the encouragement of the school." ' By the following 
 November the school committee decided to close the school 
 at the end of the month, " considering the distraction of the 
 time, that the end is not attained for which it was settled no 
 way proportionable to the charges expended, and that the 
 colony is in expectation of unavoidable necessary charges to 
 be expended." ' After hearing this report, the General Court 
 proposed that New Haven should pay back 40 lbs. of the 100 
 lbs. that had been granted out of the jurisdiction treasury to 
 the colony school, " but the deputies for New Haven told them 
 that the colony school had occasioned a considerable charge 
 to them about the school house and other ways more than else 
 they need have expended in that way, and that they was ready 
 still, if they would continue the school, to perform their con- 
 dition to provide schoolhouse and house for school master, if 
 need require." Then " Mr. Peck propounded about some 
 difference between the treasurer and himself in making up their 
 accounts, but the Court left it to them to issue it between 
 themselves." " It was also propounded about four lb. abated 
 of Mr. Peck's salary, for some time that he left the school, 
 whether it should not return to the jurisdiction. It being 
 debated, it was by vote concluded that so much of it as is 
 proper to them should, and the rest to New Haven." ' 
 
 " The distraction of the time " referred to in the report of 
 the school committee was mainly the outcome of the contro- 
 versy which the colony of New Haven had entered into with 
 the neighboring colony of Connecticut. In 1661, Connecticut 
 petitioned Charles II. for a royal charter. The charter which 
 the King granted to the colony on April 23, 1662, incorporated 
 
 1 Ibid., p. 458. Two months later we find Mr. Davenport upbraiding the town 
 of New Haven becatise " the committee for the school made it a great objection 
 against the keeping of it up, that this town did not send scholars only five or six." 
 Steiner's Hist., p. 22. 
 
 ''Ibid., p. 471. 
 
 ' Ibid., p. 472. 
 
92 
 
 EDUCATION IN THE COLONIES 
 
 all the freemen of Connecticut colony as a body politic by the 
 name of the Governor and Company of the English colony of 
 Connecticut in New England in America ; it provided for two 
 general assemblies in May and in October, to consist of a gov- 
 ernor, deputy governor, 12 assistants and 2 deputies from 
 every town or city ; it authorized the company to elect officers, 
 establish laws, impose fines and unite in military defence ; and 
 it granted the company all the territory between Narragansett 
 Bay and the South Sea, i. e., the Pacific Ocean.^ As the 
 settlement of New Haven was obviously included within this 
 patent, measures were promptly taken by Connecticut to ex- 
 tend her control over that colony. Supported at first by the 
 Commissioners of the United Colonies and stiffened by the 
 intense opposition of the ecclesiastical party, under the leader- 
 ship of Mr. Davenport, to conciliation with Connecticut, New 
 Haven held out against the union for almost three years ; but 
 finally in December, 1664, on account of disaffection from 
 within and pressure from without through the general alarm 
 over Charles the Second's arbitrary treatment of New Eng- 
 land, New Haven submitted to the authority of Connecticut, 
 and in the following spring sent representatives to the General 
 Court of that colony. 
 
 After the receipt of the royal charter, the General Court of 
 Connecticut enacted that all previous laws and orders should 
 continue in full force except those that might be " cross to the 
 tenor " of the charter.' 
 
 In 1666 the enlarged jurisdiction of Connecticut was divided 
 into 4 counties, and county courts were ordered to be held in 
 the towns of Hartford, New London, New Haven and Fair- 
 field.' In 1672, at a court of elections held at Hartford, 600 
 acres of land was granted by the Court to each of these county 
 towns, " to be taken up where it may not prejudice any former 
 
 ' Connecticut Acts and Charter . New London, 17 18. 
 
 » Conn. Col. Rec, I, 387. 
 
 ilbid.. II, 34-35. 
 
CONNECTICUT 93 
 
 grant ; which said land shall be and belong to the said county 
 towns forever/ to be improved in the best manner that may be 
 for the benefit of a grammar school in the said county towns, 
 and to no other use or end whatsoever."' In this year a 
 revision of the laws was made " out of the records of the Gen- 
 eral Court," " with some emendations and additions . . by 
 the authority of the General Court."' In this code under 
 the title " Schools," the preamble and the provisions for 
 elementary education are almost identical with those of the 
 Connecticut code of 1650. * The provision for secondary edu- 
 cation reads as follows : " That in every county town there 
 shall be set up and kept a grammar school, for the use of the 
 county, the master thereof being able to instruct youths so far 
 as they may be fitted for the college."' The code of 1672 fur- 
 thermore provides for the exemption of schoolmasters from 
 poll taxes * and military service.? They were also freed from 
 highway summons.* Five years later the school law was again 
 amended. 
 
 " As an addition to the law title Schools, it is ordained that 
 every town by the said law ordered to keep a school that shall 
 neglect the same above three months in the year, shall forfeit 
 
 'In 1722, upon petition of the town of New London, the legislature granted 
 pernoission for the sale of its school lands. {Ibid., VI, 316.) 
 
 ^ Ibid., II, 176. These land grants were not surveyed until 1702, when the 
 General Court appointed committees for that purpose composed of residents of 
 the respective towns. {Ibid., IV, 402.} A committee was appointed a.% early as 
 1679 to survey the New London grant. {Ibid., Ill, 29.) 
 
 •See title page of the Laws of 1672. Printed at Cambridge, 1673. Reprint 
 Hartford, 1865. 
 
 •Under a sub-title "rebellious children and servants," this law furthermore pro- 
 vides that " whatsoever child or servant within this colony, upon complaint, shall 
 be convicted of any stubborn or rebellious carriage against their parents or gov- 
 ernors, the Governor or any two Assistants have liberty and power from this court 
 to commit such person or persons to the House of Correction, there to remain 
 under hard labor and severe punishment, so long as the Court or Assistants shall 
 judge meet." {Hid., p. 14.) 
 
 ' Ibid., p. 63. « Ibid., p. 59. ' Ibid., p. 49. ' Ibid., p. 28. 
 
94 
 
 EDUCATION IN THE COLONIES 
 
 five pounds for every defect, which said fine shall be paid to- 
 wards the maintenance of the Latin school in their county. 
 All breaches of this order to be taken notice of, and presented 
 by the grand jury at every county court." ' 
 
 " Whereas in the law title Schools it is ordered that every 
 county town shall keep and maintain a Latin school in the 
 said town, which is not fully attended in some places, to move, 
 excite and stir up to the attendance of so wholesome an order, 
 it is ordered by this Court that if any county town shall 
 neglect to keep a Latin school according to order, there shall 
 be paid a fine of ten pounds by the said county town to the 
 next town in their county that will engage and keep a Latin 
 school in it, and so ten pounds annually till they shall come 
 up to the attendance of this order. The grand jury to make 
 presentment of the breach of this order to the county court, 
 of all such breaches as they shall find after September next. 
 It is also ordered by this Court where schools are to be 
 kept in any town, whether it be county town or other, what 
 shall be necessary to the maintaining the charge of such 
 schools, it shall be raised upon the inhabitants by way of rate, 
 except any town shall agree upon some other way to raise the 
 maintenance of him they shall employ in the aforesaid work, 
 any order to the contrary notwithstanding." ' 
 
 In 1678, towns of 30 families were required to keep a 
 school " to teach children to read and write." ' In this year 
 the inhabitants of the village of Poquanock, on the outskirts 
 of Fairfield, stated to the General Court that as they lived four 
 miles distant from the centre of that town they had found it 
 extremely difficult to send their children to the town school, 
 and so had employed a schoolmaster for themselves. They 
 petitioned to be free from the taxes for the Fairfield school, a 
 request that had been refused to them by the town of Fair- 
 field. The General Court recommended the request of 
 
 ■ Conn. Col. Rec, II, 307-308. 
 
 5 Ibid., II, 312. » Ibid., Ill, 9. 
 
CONNECTICUT gj 
 
 Poquanock to the county court of Fairfield, and suggested 
 furthermore that some of the county revenues might be spared 
 towards the encouragement of the grammar school at Poqua- 
 nock.' In October, 1684, the Court orders "for the en- 
 couragement of learning and promoting of public concern- 
 ments . . . that for the future all such houses and lands as 
 are or shall by any charitable persons be given or purchased 
 for, or to help on the maintenance of the ministry, or schools, 
 or poor, in any part of this colony, they shall remain to the 
 use or uses for which they were given forever, and shall be 
 exempted out of the list of estates, and be rate free, any former 
 law or order notwithstanding."^ In January, 1687, the Court 
 orders a contingent surplus in the colonial treasury to be dis- 
 tributed among the county towns for the improvement of their 
 grammar schools.^ 
 
 In 1686 Sir Edmund Andros came to Boston as royal gov- 
 ernor of New England, and at a General Court held at Hartford, 
 October 31, 1687, he " took into his hands the government of 
 this colony of Connecticut, it being by his Majesty annexed 
 to the Massachusetts and other colonies under his excellency's 
 government." ' Two years later, after the accession of William 
 and Mary to the English throne, the charter government of 
 Connecticut was resumed and legislative activity speedily re- 
 turned to its wonted channels. In 1690, at a court of election 
 held at Hartford, the Court " observing that notwithstanding 
 the former orders made for the erudition of children and ser- 
 vants, there are many persons unable to read the English 
 tongue, and thereby uncapable to read the holy word of God, 
 or the good laws of the colony, which evil, that it grow no 
 farther upon their majesties' subjects here, it is hereby ordered 
 that all parents and masters shall cause their respective 
 children and servants, as they are capable, to be taught to read 
 distinctly the English tongue, and that the grand jurymen in 
 
 1 Ibid., Ill, 8, foot-note. ' Ibid., Ill, 158. 
 
 'Ibid., Ill, 224-5. * -'*'''•' ^^^' ^*- 
 
EDUCATION IN THE COLONIES 
 
 each town do once in the year at least, visit each family they 
 suspect to neglect this order, and satisfy themselves whether 
 all children under age and servants in such suspect families 
 can read well the English tongue, or be in a good procedure 
 to learn the same or not, and if they find any such children and 
 servants not taught as their years are capable of, they shall 
 return the names of the parents or masters of the said children 
 so untaught, to the next county court, where the said parents 
 or masters shall be fined twenty shillings for each child or 
 servant whose teaching is or shall be neglected, contrary to 
 this order, unless it shall appear to the satisfaction of the court, 
 that the said neglect is not voluntary, but necessitated by the 
 incapacity of the parent or master or their neighbors, to cause 
 them to be taught as aforesaid, or the incapacity of the said 
 children or servants to learn. This Court, considering the 
 necessity and great advantage of good literature, do order and 
 appoint that there shall be two free schools kept and main- 
 tained in this colony, for the teaching of all such children as 
 shall come there, after they can first read the psalter, to teach 
 such, reading, writing, arithmetic, the Latin and Greek tongues; 
 — the one at Hartford, the other at New Haven, the masters 
 whereof shall be chosen by the magistrates and ministers of 
 the said county, and shall be inspected and again displaced by 
 them if they see cause, and that each of the said masters shall 
 have annually for the same the sum of sixty pounds in county 
 pay, thirty pounds of it to be paid out [of the] country treasury, 
 the other thirty to be paid in the school revenue given by 
 particular persons,' or to be given to that use, so as it will ex- 
 
 1 William Gibbons of Hartford died in 1655, and bequeathed about 30 acres of 
 land in Wethersfield for a Latin school in Hartford. In 1660 John Talcott made 
 a small bequest for the same purpose. {Ibid., IV, 31 foot-note.) In 1664 Hart- 
 ford received 350 lbs. of the Edward Hopkins bequest. Mr. Davenport paid over 
 10 lbs. per annum out of this estate to the so-called Hopkins Grammar School at 
 New Haven, and in 1668 settled the capital, 412 lbs., in the hands of a self-per- 
 petuating board of trustees. [T/ie Republic of New Haven, -pp. 162-3. Charles 
 H. Levermore, Ph. D. Baltimore, 1886.) 
 
CONNECTICUT gj 
 
 tend, and the rest to be paid by the respective towns of Hart- 
 ford and New Haven. This Court considering the necessity 
 many parents or masters may be under to improve their chil- 
 dren and servants in labor for a great part of the year, do order 
 that if the town schools in the several towns, as distinct from 
 the free school, be, according to law already established, kept 
 up six months in each year to teach to read and write the En- 
 glish tongue, the said towns so keeping their respective schools 
 six months in every year, shall not be presentable or fineable 
 by law, for not having a school according to law, notwith- 
 standing any former law or order to the contrary."' In 1691, 
 Jehu Burr, deputy from Fairfield, introduced a bill providing that 
 " for the increase and encouragement of good literature in the 
 education of youth for public service and usefulness, . . there 
 shall be two other grammar schools besides them already ap- 
 pointed, viz : one at Fairfield, and another at New London, for 
 the ease and better advantage of the said two counties : and that 
 for the future, the 60 lbs. payable out of the public treasury 
 shall be paid as followeth, viz: 15 lbs. per annum to each of 
 the said county towns that doth maintain a grammar school ac- 
 cording to the true intent of this act, and the said 15 lbs. to 
 be made 50 lbs. per annum to each of the said schools.'" 
 This bill was read twice in Court, but the Court at this time 
 " did not see reason to make any alteration " in the established 
 law.' Two years later, however, the Court did grant 20 lbs. 
 apiece to the county schools of New London and Fairfield. * 
 
 In 1700, the legislature took further measures to insure the 
 maintenance of the county and town schools. " Ordered, etc., 
 That there shall be four grammar schools constantly kept at 
 the four county towns of this colony, viz. : at Hartford, New 
 Haven, New London, and Fairfield, and all other towns con- 
 sisting of seventy families and upwards shall constantly keep 
 up from year to year, a public and sufficient school for the 
 
 1 md., IV, 30-31. 2 73,-^__ IV, 50, foot-note. 
 
 'Hid., IV, 50. • Hid., IV, 97. 
 
gS EDUCATION IN THE COLONIES 
 
 teaching children to write and read. And that all towns 
 within this colony of any number of families under seventy 
 shall keep up yearly a public school, for the teaching to read 
 and write for one-half of the year, these schools to be furnished 
 with able and sufficient schoolmasters, according to law. And 
 towards the maintenance of the schools respectively, it is 
 ordered, that from the colony rates, as the country rates are 
 paid by the treasurer, shall be yearly paid forty shillings upon 
 every thousand pounds of the public list of persons and estates 
 unto the several towns of this colony, and proportionaljly for 
 lesser sums, for the use of their schools as aforesaid. And if 
 any town shall be wanting of a sufficient and able school- 
 master as aforesaid, then for the fine they shall not have the 
 allowance as aforesaid, but the sum of the forty shillings upon 
 the thousand pounds shall be paid to the public treasury ; pro- 
 vided that one month's want shall not be any bar to them. 
 And it is further ordered, that the forementioned sums for the 
 use of the scoools, shall by the treasurer be added to the 
 assessments of each town j-espectively in his order to the con- 
 stables, and by the treasurer's order paid by the constables to 
 the several schoolmasters; and when the above said allowance 
 shall not be sufficient for the maintenance of the school there, 
 a sufficient maintenance shall be made up of such estate as 
 hath been bequeathed by any for that use, and for want 
 thereof the one-half to be paid by the town, and the other by 
 the children that go to school, unless any town agree other- 
 wise. And all former orders respecting schools are hereby 
 repealed.' 
 
 In 1702, the General Court enacted that the town constables 
 should deliver the school tax, as provided for in the above 
 law, " to the committees for the school in such towns where 
 committees are, or in defect of such officers, to the selectmen of 
 the town or their order." ' 
 
 !/«</., IV. 331-2. 
 
 '^ Ibid., IV, 375. In 1711, the Court, "upon consideration of the great back- 
 
CONNECTICUT gg 
 
 In 1712, the legislature passed an "act for encouragement 
 of learning," which provided that the parishes, the new town 
 divisions which were arising from growth in population and 
 from congregational church quarrels, should have " to the 
 bringing up of their children, and maintenance of a school in 
 some fixed place within the bounds of their parish, the 40s. in 
 every ;£'i,ooo arising on the list of estates within their said 
 parish, any other law notwithstanding.'" 
 
 In 1713, the General Court appointed five inhabitants of 
 New I^ondon trustees of the estate which one Robert Bartlet 
 had bequeathed to the town in 1673 for the use and encour- 
 agement of a school, and thereby relinquished all claim that 
 the government might have against the land as escheated 
 property. The trustees were ordered to improve the property 
 for the use of a public Latin school according to the directions 
 of the school committee or selectmen of the town, and, as the 
 land lay in small parcels, the trustees were empowered to sell 
 it with the consent of the town.' 
 
 In October, 1714, an act was passed " for the encourage- 
 ment and better improvement of town schools." " Forasmuch 
 as the upholding and good ordering of the schools erected in 
 towns by order of this Assembly, and partly maintained out 
 of the public treasury, is of great importance to the public 
 weal, and the neglect thereof will be the occasion of much 
 
 wardness and neglect " . . .in paying this tax, ordered that for the preceding year 
 and until it should be ordered otherwise, the school revenue should be paid directly 
 by the Colony Treasurer to the school committees of the respective towns. [Ibid., 
 V, 213-14.) In 1723, a return was made to the prior method of payment by the 
 town constables to the town committees (Ibid., VI, 400); but in 1726, the Court 
 having observed that this provision occasioned some difficulty in the audit, and 
 that some money was or might be taken when no school was legally kept, the law 
 of 1723 was repealed ( Ibid., VII, 40), and in 1728, payment by the Colony Treas- 
 urer to the school committees was again ordered. {Ibid., VII, 178.) 
 
 ' Ibid, V, 353. 
 
 ' Ibid., V, 377-8. The following year the Court appointed a committee to sur- 
 vey Bartlet's land. {^Ibid., V, 454, also 498.) 
 
100 EDUCATION IN THE COLONIES 
 
 ignorance, disorder and profaneness. Be it therefore ordered 
 and enacted by the Governor, Council and Representatives, in 
 General Court assembled, and by the authority of Ihe same, 
 that the civil authority, together with the select men in every 
 town, or major part of them, shall inspect, and they are hereby 
 empowered, as visitors to inspect the state of ail such schools 
 as are appointed in the said town from time to time, and par- 
 ticularly once in each quarter of the year, at such time as they 
 shall think proper to visit such schools, and inquire into the 
 qualifications of the masters of such schools, and their dili- 
 gence in attending to the service of the said school, together 
 with the proficiency of the children under their care. And 
 they are hereby further required to give such directions as 
 they shall find needful to render such schools most serviceable 
 to the increase of that knowledge, civility and religion, which 
 is designed in the erecting of them. And it is further enacted, 
 that if, in this inspection of the said schools, the said inspectors 
 observe any such disorder, or misapplication of the public 
 money allowed to the support of such schools, as render the 
 said schools not so likely to attain the good ends proposed, 
 they shall lay the same before this Assembly, that the proper 
 orders in such cases necessary may be given." ' 
 
 The above act was undoubtedly the outcome of the general 
 solicitude which was shown by the government about this time 
 concerning the state of religion and morality in the colony. 
 At the close of Queen Anne's war, in May, 17 14, the legisla- 
 ture directed the colonial ministry to enquire whether there 
 was a " suitable " number of bibles in the families of the differ- 
 ent parishes, and particularly whether catechising was duly 
 attended." The report that was made by the general associa- 
 tion of churches in October, 171 5, was so discouraging that 
 the General Court opined that they were " fearful that there 
 hath been too great a neglect of a due execution of those good 
 laws already enacted . . .for the prevention of such decays 
 
 > Ibid., V, 462. ' Ibid., V, 436. 
 
CONNECTICUT lOi 
 
 in religion." ' It was then enacted " that the constables and 
 grand jurymen in the respective towns in this colony shall 
 make diligent search after, and presentment, of all breaches 
 of the following laws of this colony : 
 
 First. An act entitled, Children to be educated." " 
 
 Two years later the school law was made more stringent by 
 the following measures ; 
 " An Act in addition to the Law Concerning Schools. 
 
 Resolved by this Assembly, That every society or parish 
 within the colony shall be obliged to keep a school ; where 
 there are seventy famihes in any parish, the school shall be there 
 kept at least eleven months in a year ; and where there is a less 
 number of families, not less than half the year; and the major 
 part of the householders in any parish or society shall have 
 full power to grant rates for the support of any such school, 
 and choose a collector to gather said rates ; and what the 
 major part of the householders in any parish shall enact and 
 agree to, respecting the encouragement and support of the 
 school amongst themselves, shall be obliging to the whole 
 parish." ' 
 " An Act for the Better Ordering and Regulating Parishes or 
 
 Societies, and for their Supporting the Ministry and Schools 
 
 there. 
 
 It is ordered by the Governor, Council and Representatives, 
 in General Court assembled, and by the authority of the same. 
 That the settled and approved inhabitants in each respective 
 parish or society within this colony, shall annually meet 
 together in December. And the said inhabitants thus met 
 and convened together are hereby fully empowered by their 
 major vote, to choose a clerk for their society and three or 
 more discreet, able inhabitants to be a committee to order the 
 affairs of the society for the year ensuing. And also the said 
 inhabitants assembled as above, or the major part of them, 
 
 ^ Ibid., V, 530. ^ Ibid., V, 531. See Acts and Laws, 17 15, p. 16. 
 
 ' Conn. Col. Rec, V, 10. 
 
102 EDUCATION IN THE COLONIES 
 
 shall have power to grant and levy such rates and taxes on 
 the inhabitants for the advancing of such sum or sums of money 
 for the support of the ministry and school there as the law 
 directs, and to appoint a collector or collectors for gathering 
 thereof, who are hereby ordered and empowered to proceed in 
 collecting the same, according to the direction of the law to 
 collectors chosen for gathering the town and minister's rates. 
 And in case the collector or collectors shall not perform the 
 trust hereby committed to him or them, he or they shall be 
 accountable for such arrearages by him or them neglected to 
 be gathered, to the committee of such society, who are em- 
 powered to demand or distrain for the same, according to the 
 direction of said law." ' 
 
 The following year, the General Court summarily proceeds 
 to the enforcement of the foregoing law for the good of a 
 society in Wethersfield. " Whereas, upon the petition of the 
 inhabitants of the south part of Weathersfield, this Assembly 
 did in May last appoint John Hamlin and Joseph Talcott, 
 Esq,, and Mr. Izahiah Whetmore, a committee to inquire what 
 limits might be most convenient for the bounds of a school 
 precinct, and what place might be most proper to set up a 
 ■ school house there, for the accommodating that precinct, and 
 to report the same to this Assembly, which they having done: 
 This Assembly, for divers good causes, do now appoint the 
 foresaid committee to go once more to said place, at the 
 charge of said inhabitants, and do hereby fully empower said 
 committee fully to determine both the bounds and limits of the 
 precinct, and the place or places for erecting a school house or 
 school houses there, according to their best discretion ; which 
 said inhabitants shall be obliged to abide by, and to bear their 
 rateable part of their charge of erecting such house or houses, 
 and of maintaining a school master there, according to law, 
 and according to the determination of said committee."' 
 
 In 1733, a committee which the legislature had appointed to 
 1 Ibid., V, 33-34. « Ibid., V, 83. 
 
CONNECTICUT IO3 
 
 draw up a plan for the disposal of seven new townships ' which 
 had been laid out in the western part of the colon)', suggested 
 that the money raised by the sale of this land should be 
 divided among the already settled towns " according to the 
 list of their polls and rateable estate in the year last past, and 
 to be secured and forever improved for the use of the schools 
 kept in said towns according to law." The committee also 
 advised that each of the seven towns should be divided mto 
 53 shares, 50 shares to be offered for sale, and 3 shares to be 
 set apart, one for the first settled minister, " one to be 
 sequestered for the use of the present established ministry for 
 ever, and one for the use of the school or schools in such 
 towns forever." * This latter suggestion was acted upon by 
 the legislature in an act passed in 1737 " for the ordering and 
 directing the sale and settlement of all the townships in the 
 western lands." ' The first part of the report was embodied in 
 " an act for the encouragement and better supporting the 
 schools that by law ought to be kept in the several towns and 
 parishes in this colony." This law furthermore provides that 
 the appropriation shall be divided among the parishes of each 
 town and that " the committee of each parish, or town (where 
 there is but one parish), shall receive the proportion of money 
 arising as aforesaid, and give a receipt (which receipts shall 
 be delivered to the Secretary and kept in his office), that they 
 have received such a sum of money to be let out and improved 
 for the support of a school in such town or parish where they 
 are a committee as aforesaid. And that if at any time the said 
 money, or interest thereof, shall be, by order of such town or 
 parish, or the committee chosen by them, put to, or employed 
 for any other use than for the support of a school there, that 
 then such sum of money shall be returned into the treasury of 
 the colony, and the treasurer of the colony shall, upon refusal 
 thereof, recover the same sum of such town or parish for the 
 
 • Norfolk, Goshen, Canaan, Cornwall, Kent, Salisbury, Sharon. 
 ' Ibid., VII, 4S7-8. » Ibid., VIII, 134-5. 
 
I04 EDUCATION IN THE COLONIES 
 
 use of the colony; and such town or parish that have misim- 
 proved such money shall forever lose the benefit thereof." ' 
 
 In this same year, the deputies of the town of New London 
 represented to the legislature that the members of the major 
 part of the committees which had been appointed in 171 3 and 
 in 1723 to attend respectively to the management of the Bart- 
 let School estate and to the sale of the government grant of 
 600 acrqs for a grammar school had died, and the deputies 
 therefore petitioned the legislature to fill the vacancies in the 
 committees. Accordingly, the General Court appointed three 
 New Londoners to join with the two surviving committee men 
 in the management of both the affairs, and the town of New Lon- 
 don was empowered to fill any future vacancies in the com- 
 mittee. The committee was also ordered to make its reports 
 to the town.' The following year the school committee of 
 Middletown reported to the General Court " that sundry well- 
 disposed persons had granted several tracts of land for the 
 benefit of a school in said Middletown," and prayed the 
 Court " to appoint a committee to take care of all such lands, 
 and improve the same, for the benefit of the school in said 
 town." Whereupon the General Court appointed " Capt. Giles 
 Hart, Capt. George Phillips and Mr. Jabez Hamlin, to be a 
 committee to take care of and lease all such lands given as 
 aforesaid, and to receive the rents thereof, and improve the 
 same to and for the use and support of the said school, with 
 full power to sue for, answer and defend, in all cases relating 
 to the said land and premises." This committee was further- 
 more empowered to fill its own vacancies.' 
 
 • Ibid., VII, 459. In 1737, an act was passed by the legislature which em- 
 powered the towns or parishes to divert this appropriation to the support of the 
 established ministry. {Ibid., VIII, 122-3.) I" 1740> 'his act was repealed, on 
 the ground that the original act of 1733 and its amendment of 1737 were "differ- 
 ently understood and . . . like so to be practised upon to the dissatisfaction of 
 many." {Ibid., VIII, 334); — a strong hint of the Separatist controversy of the time. 
 
 ' Ibid., VII, 468-9. 3 Ibid., VII, 509. 
 
CONNECTICUT I05 
 
 In 1737 all lands " sequestered to or improved for schools 
 and other pious uses" were exempted from taxation.' 
 
 In May, 1741, a considerable estate and interest had been 
 sequestered from the sale of the western lands, and the legis- 
 lature consequently ordered the proceeds to be handed over 
 to the selectmen or society committees or school committees 
 of the different towns. These school bodies were given full 
 powers of trustees over all the school property belonging to 
 their towns, with the exception of those special school trusts 
 which had already been created by particular persons, or by 
 the General Court. They were, however, to be accountable 
 for the western lands school fund to their respective towns or 
 societies, which were in turn to be accountable to the General 
 Court." 
 
 In October, 1741, the Neck and Nahantick societies of 
 New London, petitioned to be divided into two societies with 
 school privileges. The legislature granted the petition and 
 ordered that each society should have the same powers and 
 privileges for the management of their school affairs, as were 
 granted by law to the other societies of the colony for their 
 ecclesiastical affairs.' 
 
 The religious agitation which harried New England during 
 the middle of the i8th century did not fail to impress the 
 school legislation of Connecticut. An act " relating to, and 
 for the better regulating schools of learning," that was passed 
 in 1742, was directed against the educational work of the 
 " New Lights" in general, and particularly against a training 
 school for preachers and teachers which had been set up in 
 
 1 Ibid., VIII, 133. 
 
 ^ Ibid., VIII, 387-9. At this same legislative session a. committee was ap- 
 pointed to carry out the above order. {Ibid., VIII, 392-3.) In 1761, a committee 
 was appointed to dispose in a similar way of the bonds which had only then come 
 in from the sale of Norfolk township. {Ibid., XI, 504-5 ; see also XII, 79-80.) 
 
 ''Ibid., VIII, 428. 
 
I06 EDUCATION IN THE COLONIES 
 
 New London, and was known as the Shepherd's Tent.' 
 " Whereas, by sundry acts and laws of this Assembly, they 
 have founded, erected, endowed and provided for the mainten- 
 ance of a college at New Haven, and inferior schools of learning 
 in every town or parish, for the education and instruction of 
 the youth of this colony, which have (by the blessing of God) 
 been very serviceable to promote useful learning and Christian 
 knowledge, and, more especially, to train up a learned and 
 orthodox ministry for the supply of our churches : And inas- 
 much as the well ordering of such public schools is of great 
 importance to the public weal, this Assembly, by one act en- 
 titled An Act for the encouragement and better improvement 
 of town schools, did order and provide, that the civil authority 
 and selectmen in every town should be visitors, to inspect the 
 state of such schools, and to inquire into the qualifications of 
 the masters of them and the proficiency of the children, to 
 give such directions as they shall think needful to render such 
 schools most serviceable to increase that knowledge, civility 
 and religion, which is designed in the erecting of them ; and 
 in case those visitors shall apprehend that any such schools 
 are so ordered as not to be likely to attain to those good ends 
 proposed, they shall lay the state thereof before the Assem- 
 bly, who shall give such orders thereupon as they shall think 
 proper; as by the said act may more fully appear: And 
 whereas the erecting of any other schools, which are not 
 under the establishment and inspection aforesaid, may tend to 
 train up youth in ill principles and practices, and introduce 
 such disorders as may be of fatal consequence to the public 
 peace and weal of this Colony: Which to prevent, 
 
 Be it enacted by the Governor, Council and Representatives, 
 in General Court assembled, and by the authority of the same, 
 that no particular persons whatsoever shall presume of them- 
 selves to erect, establish, set up, keep or maintain any college, 
 seminary of learning, or any public school whatsoever, for the 
 
 '^ Ibid., VIII, 500, foot-note. 
 
CONNECTICUT I07 
 
 instruction of young persons, other than such as are erected 
 and established or allowed by the laws of this colony, with- 
 out special license or liberty first had and obtained of this 
 Assembly. 
 
 And be it enacted by the authority aforesaid, that if any per- 
 son shall presume to act as a master, tutor, teacher or instruc- 
 tor, in any unlawful school or seminary of learning erected as 
 aforesaid, he shall suffer the penalty of five pounds lawful 
 money per month for every month he shall continue to act as 
 aforesaid. And every grand jury, within any county where 
 such school or seminary of learning is erected, shall make 
 presentment of all breaches of this act to the next assistant, 
 justice of the peace, or county court. 
 
 And be it further enacted by the authority aforesaid, that the 
 civil authority and selectmen in each town, or the major part 
 of them, shall inspect and visit all such unlawful schools or 
 seminaries of learning, erected as aforesaid, and shall proceed 
 with all such scholars, students or residents in such school, 
 and all such as harbor, board or entertain them, according to 
 the laws of this colony respecting transient persons or inmates 
 residing in any town without the approbation of the selectmen. 
 
 And be it further enacted by the authority aforesaid, 
 that if any student or resident in such school shall pretend 
 that he is bound as by indenture an apprentice to learn any 
 manual art or trade, and the said civil authority or selectmen 
 shall suspect that such indenture was given only as a color to 
 reside in said town contrary to law, that then it shall be in the 
 power of the said civil authority to examine all the parties to 
 such indentures under oath, in all such questions which they 
 shall think proper, relating to the true intention of such inden- 
 ture and their practice thereupon; and if it shall appear to the 
 said authority or selectmen, or the major part of them, that 
 such indenture was given upon a fraudulent design, as afore- 
 said, that then such authority shall proceed as if no such inden- 
 ture had been made. . . . 
 
I08 EDUCATION IN THE COLONIES 
 
 And be it further enacted by the authority aforesaid, that 
 no person that has not been educated or graduated in Yale 
 College or Harvard College in Cambridge, or some other al- 
 lowed foreign protestant college or university, shall take the 
 benefit of the laws of this government respecting the settlement 
 and support of ministers. 
 
 Always provided, nothing in this act be construed to forbid 
 or prevent any society, allowed by law in this colony to keep 
 a school, by a major vote in such society to order more parish 
 schools than one to be kept therein, and appoint the school or 
 schools to be kept in more places than one in each society. 
 
 This act to continue in force for the space of four years from 
 the rising of this Assembly and no longer." ' 
 
 In May, 1743, on petition, the legislature divided the West 
 School Society of New London into two distinct school socie- 
 ties.^ 
 
 In October, the General Court granted on petition 25 acres 
 of land which had escheated to the colony on the death of one 
 Edward Pierce intestate, for the use of the school in the parish 
 of Wintonbury.' 
 
 In 1752, the General Court, empowered, on petition, the 
 grammar school committee of New London to sell the com- 
 mon and undivided land of the town which had been donated 
 by its proprietors* to the grammar school.' 
 
 In 1754, as a result of the pressure of war expenditures, an 
 act was passed cutting down the colony allowance to town 
 
 1 Ibid., VIII, 500-502. 2 Ibid, VIII, 532. 
 
 '/iija'., VIII, 575-6. This parish came into existence in 1736. It was formed 
 by the inhabitants of Windsor, Farmington and Symsbury. The twenty.five acres 
 of land referred to lay in the town of Symsbury, near the limits of Wintonbury 
 parish. {Ibid., VIII, 76, 575.) 
 
 * Town proprietors formed a land community distinct from the political com- 
 munity of the town. " In origin, they were a body of men who collectively pur- 
 chased lands of the natives through grant of the General Court or otherwise." 
 (The River Towns of Connecticut, pp. 48, 90.) 
 
 ^ Conn. Col. Rec.,yi, 129-30. 
 
CONNECTICUT IO9 
 
 schools for the year preceding and for the future from 40 to 
 10 shillings on every looo Ibs.^ In October, 1766, this allow- 
 ance was raised to 20 s., it having been found that the former 
 provision was " insufficient to answer the important design of 
 educating and instructing children."' And in May, 1767, the 
 school allowance was again raised to 40 s. ' 
 
 In May, 1766, all arrears of excise duties in the towns were 
 ordered to be paid by the selectmen of the towns to the school 
 committees, and the interest of the excise money at that date 
 in the colony treasury was ordered to be paid at the rate of 5 
 per cent, to the several towns in proportion to the sums paid 
 in by them, for the benefit of the school or schools in said 
 towns. * 
 
 In October, power was given to every town and society 
 " to divide themselves into proper and necessary districts for 
 keeping their schools, and to alter and regulate the same from 
 time to time." And it was provided that such districts were 
 to draw upon the school money appropriated to the town, in 
 proportion to their lists of taxables.* 
 
 In 1774, the legislature chartered a private academy in New 
 London. "Upon the memorial of Richard Law, Jeremiah 
 Miller, Thomas Mumford, Duncan Steward, Esqrs. and the rest 
 of the proprietors of a school-house in New London, showing 
 to this Assembly that they have at great cost erected a school- 
 house for the advancement of learning, hired and paid school 
 masters &c. and that difficulties attend their prosecuting their 
 designs from their not being incorporated &c. ; praying that 
 they may be made a body corporate &c. as per memorial on 
 file : Resolved by this Assembly, that the proprietors of said 
 
 1 Ibid., X, 317. ■'■ Ibid., XII, 497. » Ibid, XII, 561. 
 
 ^Ibid., XII, 463-4. In October, 1774, the treasurer of the colony was ordered 
 to " pay out to the several towns the principal sums paid in by them as excise 
 money, together with the interest due at the time of payment." And at the same 
 time the second provision in the act of 1766 was repealed. (Ibid., XIV, 330.) 
 
 6 Ibid., XII, 497-8. 
 
no ED UCA TION JN THE COL ONIES 
 
 school-house be and they are hereby made and constituted a 
 body politic and corporate, and shall be called and known by 
 the name of the Union School in New London, and they and 
 their successors, proprietors of said school-house, have, and 
 they have hereby granted unto them, to have perpetual suc- 
 cession, and shall and may be persons able and capable in law 
 to sue and to be sued, to plead and implead, to answer and be 
 answered unto, to defend and be defended, in all and singular 
 suits, causes, matters, actions and things whatsoever, and also 
 to have, take, possess, acquire and purchase lands and estates, 
 real, personal and mixed, not exceeding the sum of three thou- 
 sand pounds, lawful money, and the same to sell and dispose 
 of as any other corporation may lawfully do. And said pro- 
 prietors of said Union School and their successors shall and 
 may have a common seal, to serve and use for all causes, 
 matters and things and affairs whatsoever, of them and their 
 successors, and the same to alter at their will and pleasure. 
 And for the better ordering the affairs of said school-house and 
 school, the proprietors and their successors have granted to 
 them full power and authority to choose a committee, to con- 
 sist of such number of persons as to them shall seem fit and 
 meet, to order and direct the prudentials of said school from 
 time to time, who shall have full power to make such rules and 
 orders as they judge necessary for the management and order- 
 ing the affairs of said school, which rules and orders shall be 
 binding on all concerned therein unless the same are revoked 
 and disannulled by the proprietors of said school, which they 
 are hereby empowered at any of their legal meetings to do. 
 And said proprietors of said school and their successors are 
 hereby enabled and empowered to choose a clerk and any other 
 officer they judge necessary to advance the best interest of said 
 school, and such officers so chosen shall continue in their re- 
 spective offices until by said proprietors or their committee 
 they shall be removed. And all the votes of the voters present 
 at any meeting of said proprietors shall be determined by a 
 
CONNECTICUT 1 1 1 
 
 majority of the interest of the members present. Provided, 
 that nothing herein shall be construed to exempt any of the 
 proprietors of said school from any duties or taxes which by 
 law they are subjected to, nor shall they by this act be entitled 
 to any donations, grants or public moneys already made, or 
 which may hereafter be made, for the purposes of advancing 
 schooling, unless the same be given expressly to said Union 
 School." ^ 
 
 CONCERNING INDIAN EDUCATION 
 
 The Connecticut code of 1650, provided that one of the 
 teaching elders " with the help of Thomas Stanton, should be 
 desired, twice at least in every year, to go among the neighbor- 
 ing Indians and endeavor to make known to them the counsels 
 of the Lord," and the Governor, Deputy Governor and Magis- 
 trates were desired " to see to the accomplishment of this end." ' 
 
 Four years later the government adopted another plan for the 
 " gospelizing " of the neighboring Indians. 
 
 "Whereas, notwithstanding former provision made for the 
 conveyance of the knowledge of God to the natives amongst 
 us, little hath hitherto been attended through want of an able 
 interpreter, this Court being earnestly desirous to promote and 
 further what lies in them a work of that nature, wherein the 
 glory of God and the everlasting welfare of those poor, lost, 
 naked sons of Adam is so deeply concerned, do order that 
 Thomas Mynor, of Pequot, shall be wrote unto from this Court 
 and desired that he would forthwith send his son, John Mynor, 
 to Hartford, where this Court will provide for his maintenance 
 and schooling, to the end he may be for the present assistant 
 to such elder, elders or others, as this Court shall appoint to 
 interpret the things of God to them as he shall be directed, and 
 in the meantime to fit himself to be instrumental that way as 
 God shall fit and incline him thereunto for the future.' 
 
 1 Ibid., XIII, 382-384. 2 Conn. Col. Fee, I, 531. 
 
 ^ Ibid., I, 265. At a meeting of the Commissioners of the United Colonies, on 
 
112 ED UCA TION IN THE COL ONIES 
 
 During the remainder of the century, as a result of in- 
 cessant Indian warfare, no systematic effort seems to have 
 been made in the colony for the conversion and education of 
 the Indians ; although the subject was brought several times 
 to the attention of the legislature. ' 
 
 In 1706, at the request of the Society for Propogating 
 Christian Knowledge, the General Court advised the ministry 
 to draw up a plan for the conversion of Indians ; '^ and again, 
 in 1 7 17, the Court requested the Governor and Council to 
 consider concerning " the business of gospelizing the Indians," 
 and present the matter at the next session of the legislature.' 
 But nothing seems to have come of either recommendation. 
 
 In 1727, however, a general measure was passed, pro- 
 viding for the conversion and education of Indian children. 
 " Whereas this Assembly is informed that many of the Indians 
 in this government put out their children to the English, to be 
 brought up by them, and yet sundry of the persons having 
 such children, do neglect to learn them to read and to instruct 
 them in the principles of the Christian faith, so that such 
 
 September 23, Magistrate Cullick, of the General Court of Connecticut, brought 
 this plan to the attention of the Commissioners, and they directed that due allow- 
 ance should be made for the diet and education of John Mynor out of the corpora- 
 tion stock. {I&id., I, 265, foot-note.) 
 
 1 In 1669, the Court, being solicited, expressed their approval of Mr. John Black- 
 bach's endeavors at "gospelizing" the natives. [Ibid,, II, III.) Daniel Gookin, 
 Indian agent of the Massachusetts colony, writes, in 1674, that " sundry years 
 since," Mr. Abraham Purson, pastor of the church at Branford, preached the gos- 
 pel to some Indians in those parts, and that he was encouraged in the work by the 
 Commissioners of the United Colonies. James Fitch, pastor of the church at Nor- 
 wich, writes to Gookin this same year, that the Connecticut Indians are in general 
 without inclination to learn the Word of God ; but that he has under his care about' 
 thirty of the Mohegans, whose children for two years past he has been teaching to 
 read. [Mass. Hist. Col., First Series, I, 207-209.) In 167 1, the work of Mr. Fitch 
 was gratefully acknowledged by the Court, and it decided to move the Commis- 
 sioners of the United Colonies to allow him "suitable encouragement." ( Conn. Col. 
 Rec, II, 158; see also foot-note and p. 576.) 
 
 ^Iiid.,V,T. ^ Ibid.,yfl, IS- 
 
CON^NECTJCUT II3 
 
 children are still in danger to continue heathens : Which to 
 prevent, 
 
 Be it enacted by the Governor, Council and Representa- 
 tives, in General Court assembled, and by the authority of the 
 same, that every person in this colony that hath taken, or 
 shall take, any of the Indian children of this or the neighbor- 
 ing governments into the care of their families, are hereby or- 
 dered to use their utmost endeavor to teach them to read 
 English, and also to instruct them in the principles of the 
 Christian faith by catechising of them, together with other 
 proper methods. And the selectmen and grand-jurors in the 
 respective towns shall make diligent inquiry, whether the In- 
 dian children that are or may be put out as above, are by their 
 masters or mistresses that have the care of them, instructed 
 and taught as abovesaid. And if upon inquiry the said ofifi- 
 cers shall find that any such master or mistress hath neglected 
 their duty herein, after due warning given, then said officers, 
 or any two of them, shall inform the next assistant or justice 
 of the peace, upon which the said authority shall summon 
 such master or mistress so informed against, to appear before 
 them ; and if upon examination it appear that said master or 
 mistress hath neglected to instruct any Indian child or chil- 
 dren put to them as aforesaid, they shall be fined at the discre- 
 tion of said assistant or justice, not exceeding the sum of 
 forty shillings, to be to the use of the school in the town 
 where the master or mistress lives." ' 
 
 In 1728 the Assembly granted ;^I5 to Captain John Mason 
 for the encouragement and support of his school among the 
 Mohegans of New London township.' Five years previously 
 the Court had consented to the settlement of Mason among 
 these Indians, and had urged him " to set up a school among 
 them and acquaint them in the Christian religion.'"' In 1729 
 the grant was renewed.' In 1742, upon advice of the Rev. Mr. 
 
 1 Ibid.^ VII, 102-103. •■' Hid., VII, i8l. 
 
 ^Ibid, VI, 429. • riid, VII, 242. 
 
114 EDUCATION IN THE COLONIES 
 
 Addams, the Assembly appropriated £\2 for repairing the 
 schoolhouse at Mohegan.' Ten years later, the Assembly was 
 again addressed on the same subject. " Upon the memorial 
 of the Rev. Messrs. Eliphalet Addams and David Jewet, repre- 
 senting to this Assembly that the society in England for pro- 
 pagating the gospel amongst the natives have, by their com- 
 missioners at Boston, been at great pains and cost on that 
 head, and that the memorialists, by their order and at their 
 expense, have provided a good school-master to teach and in- 
 struct the youth among the Mohegan Indians, &c. ; represent- 
 ing that the school-house at Mohegan is in a shattered condition, 
 and not suitable for the school-master and his family to live in : 
 praying this Assembly to grant a sum of money to be applied 
 for the building a small addition to said school-house, for the 
 comfortable support of the school-master, and also for repair- 
 ing said house, &c. : Resolved by this Assembly, that the 
 treasurer of this colony be, and he is hereby ordered, to pay 
 out of the treasury unto the Rev. Messrs. Eliphalet Addams 
 and David Jewet the sum of one hundred and fifty pounds in 
 bills of credit of the colony of Rhode Island or Province of New 
 Hampshire, to be employed for the building a lean-to to the 
 school-house in Mohegan, and for repairing said house. It is 
 also recommended by this Assembly to the Indians at Mohegan 
 whose children are to be instructed, that they contribute by 
 their labor, or in some other way, to the accomplishment of 
 this necessary work."* In 1755, Benjamin Uncas, sachem of 
 the Mohegan Indians, and other members of the tribe peti- 
 tioned the Assembly to grant £2^, or ;^30 old tenor, to provide 
 dinners for their children at school, and the Assembly accord- 
 ingly ordered 50 s. lawful money to be paid over to Adonijah 
 Fitch and the Rev. Mr. David Jewet for that purpose.' In 
 1757, Robert Clelland, schoolmaster of the Mohegan Indians, 
 represented to the Assembly that the old school house, in 
 
 1 Ibid., VIII, 509. » Ibid., X, 1 15-116. 
 
 '/iStfl',, X, 384. 
 
CONNECTICUT 1 1 5 
 
 which he lived, needed repairing to the extent of £7. The 
 Assembly ordered that such a sum should be expended under 
 the direction of the Rev. Mr. Jewet.' In 1760, the Assembly, 
 in answer to a memorial of school-master Clelland stating that 
 the salary which he was allowed by the commissioners of the 
 evangelizing society was inadequate for his support, granted 
 him £ip for his extraordinary service of eight years to the 
 Mohegan Indians.' The next year Clelland petitioned in be- 
 half of his pupils, and the Assembly appropriated £6 to be 
 expended on their dinners while at school.' In October 1762, 
 the school-master petitioned for both himself and his pupils, 
 and was granted £21 10 s. by the Assembly,;^ 15 in considera- 
 tion of his services for the past three years and £b 10 s. in pay- 
 ment of the sum that he had advanced the Indian children for 
 food.' The following May, on petition of the school-master, 
 the Assembly granted £"] for school dinners.' In 1766, Clell- 
 and was allowed £\i^ for his services during the preceding 
 three years." In 1774, the Assembly granted on petition £\o 
 7s. I id. to William Hubbard and Zachary Johnson, £6 for the 
 support of a school-master in the Mohegan school house and 
 the remainder in payment of the sum which had been advanced 
 by the petitioners in repairing the said school house.' 
 
 About 1733, an Indian school seems to have been estab- 
 lished at Farmington, and to have secured the attendance of 
 Indians from other towns.' In 1733, he legislature, on the ad- 
 vice of the pastor of the town of Farmington, appointed Capt. 
 William Wadsworth and Capt. Josiah Hart of that town to pro- 
 vide during the winter for the dieting of the Indian youth in 
 attendance upon the Indian town school.' The following 
 
 1 Ibid., XI, 34. ' Ibid., XI, 414. ' Ibid., XI, 5 17. 
 
 * Ibid., XII, 100. 5 /^(V/., XII, 169. « Ibid., XIII, 485-6. 
 
 ' Ibid., XIV, 246. 
 
 ^History of New Britain, with Sketches of Farmington and Berlin, p. 215 ; 
 David N. Camp, A. M., New Britain, 1889. 
 ^ Rec, VII, 471. 
 
1 1 6 ED VCA TJON IN THE COL ONIES 
 
 May, 24 £ i6s, 3d, was paid out by the Court to this commit- 
 tee for their winter's dieting of the Indian lads '■ and a similar 
 order was passed for the winter of 1734-5.' In October, 1735, 
 the order was again renewed' and in the following spring 
 Capt. Wadsworth was paid £2% for the work.* 
 
 At this same session of the Assembly, a more general pro- 
 vision for Indian education was made by an act " directing 
 that there shall be a contribution, and the money thereby 
 raised, to be improved for the civilizing, &c. of the Indians, and 
 a sum granted for the instructing the Nahantick Indians in the 
 town of Lyme in the county of New London. Notwithstand- 
 ing that the first settlers of this colony, from time to time, by 
 persons skilled in the Indian tongue, endeavored to gain the said 
 natives to a belief of the Christian religion, yet the said Indians 
 did generally refuse the same; but of late the Indians have 
 desired to be instructed in the Christian religion,' which this 
 government, as well as many pious persons therein, have en- 
 couraged : And to the end that so good a work may be fur- 
 thered, be it enacted by the Governor, Council and Repre- 
 sentatives, in General Court assembled, and by the authority 
 of the same, that at the next public Thanksgiving that shall be 
 appointed in this colony, there shall be a contribution attended 
 in every ecclesiastical society or parish in this government, 
 and that the money that shall be raised thereby shall be im- 
 proved for the civilizing and Christianizing of the Indian 
 natives in this colony, (exclusive of the Moheags, who are 
 already provided for ;) and that his Honor, the Governor, send 
 forth his order to the ministers of the respective parishes 
 accordingly ; and the Governor and Council, for the time be- 
 ing, are hereby appointed to receive the said contribution, and 
 they are hereby directed carefully to improve the same for the 
 
 1 Ibid., VII, 491. « Ibid., VII, 509. 
 
 ' Ibid., VIII, 6. * Ibid., VIII, 8. 
 
 * Many of the Connecticut. Indians participated in the Great Revival. Trumbull's 
 History, II, 144. 
 
CONNECTICUT U7 
 
 end abovesaid; and they shall give an account of their doings 
 therein to this Assembly, that so further care from time to 
 time may be taken. And whereas this Assembly are now in- 
 formed that the said Nahantick Indians desire their children 
 may be instructed, thereupon it is resolved that, the colony 
 treasurer do pay out of the public treasury unto Messrs. 
 Thomas Lee, of Lyme, and Stephen Prentiss, of New London, 
 the sum of ;^I5, who are appointed to receive the same, and 
 therewith they shall hire some suitable person to instruct the 
 said children to read, and also in the principles of the 
 Christian religion, and also render an account to this As- 
 sembly of their disbursements of the money aforesaid.' The 
 above order of the Court seems to have been effective, for in 
 May, 1737, the Court appointed a committee to receive from 
 the Governor the money that had been contributed by the 
 different societies " for the civilizing and Christianizing the col- 
 ony's Indians.'"' 
 
 In 1741 one of these Indians, Atchetoset, represented to the 
 Assembly that he and his family wished to be instructed in the 
 Christian religion, but that he was unable to pay for the cost 
 of schooling and dieting his children. Accordingly the Court 
 ordered the Governor to instruct the Rev. Mr. Anthony Stod- 
 dard and Lieut.-Col. Preston to see to the " victualling" and the 
 schooling and religious training of Atchetoset's children, and 
 the Governor was furthermore directed to pay over ;^20 of the 
 money that had been previously contributed, to the above 
 gentlemen for this purpose.' 
 
 In October, 1 750, one Martin Kellogg, of Stockbridge, stated 
 to the Assembly that some of the Indians of the Six Nations had 
 come to him to be instructed in reading, and that there seemed 
 to be " an opportunity to bring them in the way of receiving 
 the Gospel ;" but that necessary provision for their victualling 
 and clothing was lacking. Whereupon the Assembly appointed 
 ij?«., VIII, 37-38. 
 
 ^ Ibid., VIII, 93. ' Ibid.. VIII, 372-3. 
 
1 1 8 KD UCA TION IN THE COL ONIES 
 
 a committee to take the matter jn charge and to draw upon 
 the public treasury to the extent of ;£'250 " old tenor." ^ In 
 October, 175 1, this committee was further empowered to draw 
 upon the treasury to the extent of ;^SOO old tenor.' 
 
 In May, 1763, the Rev. Mr. Eleazar Wheelock, pastor of the 
 Second Church in Lebanon, presented a memorial to the As- 
 sembly " representing that for some years past he has had 
 under his care and tuition several youths of the Indian tribes, 
 at present increased to more than twenty in number, with a 
 view to their being by proper discipline and instruction fitted 
 for missionaries, school-masters, interpreters, &c., among their 
 own people, and that though his past success therein has so 
 recommended his design as to excite the charity and liberality 
 of divers worthy persons in support of almost all the past ex- 
 penses, yet the present aspect of said undertaking seeming to 
 merit as well as require some further assistance, he was in- 
 duced to ask the favor and countenance of this Assembly 
 therein." Whereupon the Assembly, " seriously considering 
 the present new and extraordinary prospect (by the blessing 
 of Heaven on his Majesty's arms) doth greatly encourage an 
 attempt to promote Christian knowledge and civility of man- 
 ners among the Indian natives of this land, . . . grant and 
 order a brief throughout this colony, recommending it to all 
 inhabitants charitably and liberally to their ability to contrib- 
 ute to such pious and important purposes, and that the 
 moneys so collected, be by the persons therewith in- 
 trusted, delivered to John Ledyard of Hartford, John Whit- 
 ing of New Haven, David Gardiner of New London, David 
 Rowland of Fairfield, Samuel Gray of Windham, and Elisha 
 Sheldon of Litchfield, Esquires, each county's collections to 
 their own respective receivers; which receivers are hereby 
 directed to deliver the same to the treasurer of this 
 colony. . . . 
 
 " And it is further resolved, that said Mr. Wheelock do at his 
 
 > Ibid., IX, 570, and X, 32-33. 2 /^^^.^ x, 66. 
 
CONNECTICUT 1 ip 
 
 discretion, as occasion may be, apply to Jonathan Trumble, 
 Daniel Edwards and George Wyllys, Esquires, for such 
 moneys, parcel of such contributed sum as he shall apprehend 
 to be necessary; which said committee, or any two of them, 
 are hereby appointed, authorized and directed, to draw orders 
 on said Treasurer for such sum or sums thereof as shall be 
 shown to them to be useful and necessary in the then present 
 exigencies of said affair, until the whole is exhausted. 
 
 " Provided nevertheless, that if the state and circumstances 
 of said undertaking by any means hereafter become so altered, 
 as in the opinion of said last mentioned committee, to render 
 the further prosecution or support of said affair impracticable 
 or doubtful whether it may answer the good end and design, 
 in such case they are hereby directed to desist drawing as 
 aforesaid, and by the earliest opportunity to advise this As- 
 sembly thereof, to the end such further order in the prem- 
 ises be taken as the present emergencies may recommend. 
 Always provided such moneys be ultimately and wholly ap- 
 plied to the pious design of propagating the gospel among the 
 heathen. 
 
 " And it is further ordered, that printed copies of this Act be 
 seasonably delivered to the several ministers of the gospel 
 within this colony, who are hereby also directed to read the 
 same in their respective congregations, and thereon appoint a 
 time for making such collection."^ 
 
 In the following autumn, the Assembly ordered the minis- 
 ters to suspend the publication of the aforesaid brief, having 
 heard that where it had already been published, the collec- 
 tions had been small on account of an outbreak among the 
 Western Indians, and that most of the ministers " appre- 
 hensive of the ill success of the charitable design," had ap- 
 pealed, through the Governor, for the advice of the l^islature.'' 
 
 In May, 1766, the Assembly complied with a request of 
 Mr. Wheelock and renewed the brief throughout the colony.* 
 
 i/,5z-a'., XII, 151-152. 2/(5!u'.,XII, 193. 3/^2^., XII, 490-1. 
 
I20 EDUCATION IN THE COLONIES 
 
 YALE COLLEGE 
 
 About 1698, the Rev. Mr. John Pierpont, of New Haven, 
 the Rev. Mr. Andrew of Milford, and the Rev. Mr. Russel of 
 Branford, ' began to agitate the question of the founding of a 
 college in Connecticut. ° In 1 701, they and their associates 
 petitioned the legislature for a charter, representing " that from 
 a sincere regard to, and zeal for, upholding the Protestant relig- 
 ion, by a succession of learned and orthodox men, they had 
 proposed that a collegiate school should be erected in this col- 
 ony, wherein youth should be instructed in all parts of learn- 
 ing, to qualify them for public employments in church and 
 civil state, and that they had nominated ten ministers to be 
 trustees, partners or undertakers for the founding, endowing 
 and ordering the said school."' This petition, which was 
 signed by a large number of the ministers and principal men 
 of the colony, was granted by the legislature at its session in 
 October, 170 1.* 
 
 ACT FOR A COLLEGIATE SCHOOL' 
 
 ' " Whereas several well disposed and public spirited persons, 
 
 1 These three clergymen had all lived in the old New Haven colony, and they 
 had all been graduated at Harvard College. Mr. Pierpont married the grand- 
 daughter of Mr. Davenport, 
 
 ' Yale College, I, 13, 15. William L. Kingsley, New York, 1879. 
 
 ' Quoted in Trumbull's History, I, 500. 
 
 * The charter is dated October 9th, the opening day of the session ; but it was 
 probably granted on October l6th. See Biographical Sketches of the Graduates 
 of Yale College with Annals of the College History, I, 3. Franklin B. Dexter 
 M. A., New York, 1885. 
 
 ' The promoters of the College were doubtful concerning the Assembly's right 
 of incorporation. In view ot this uncertainty, Secretary Addington and Judge 
 Sewall, of Massachusetts, who were in part responsible for the draft of the charter, 
 wrote, on October 6, 1701, to Mr. Thomas Buckingham: "We on purpose gave 
 your academy as low a name as we could that it might the better stand in wind 
 and weather, not daring to incorporate it, lest it should be liable to be served with 
 a writ of quo warranto." An Historical Discourse, pronounced before the gradu- 
 ates of Yale College, August 14, 18 jo, with an appendix, by Theodore D. Woolsey. 
 
CONNECTICUT 121 
 
 of their sincere regard to and zeal for the upholding and propa- 
 gating of the Christian Protestant religion, by a succession of 
 learned and orthodox men, have expressed by petition their 
 earnest desire that full liberty and privelege be granted unto 
 certain undertakers, for the founding and suitably endowing 
 and ordering a collegiate school, within this his Majesty's 
 Colony of Connecticut, wherein youth may be instrncted in the 
 arts and sciences, who through the blessing of Almighty God, 
 may be fitted for public employment both in church and civil 
 state. To the intent therefore that all due encouragement be 
 given to such pious resolutions and that so necessary and 
 religious an undertaking may be set forward, supported and 
 well managed : Be it enacted by the Governor and Company of 
 the said colony of Connecticut in General Court assemblecQ nd 
 it is enacted and ordained by the authority of the same, that 
 there be and hereby is full liberty, right and privilege granted 
 unto Mr. James Noyes of Stonington, Mr. Israel Chancie of 
 Stratford, Mr. Thomas Buckingham of Saybrook, Mr. Abraham 
 Pierson of Kenelworth, Mr. Sam. Mather of Windsor, Mr. Tim. 
 Woodbridge of Hartford, Mr. James Pierpont of New Haven, 
 Mr. Sam. Andrew of Milford, Mr. Joseph Webb of Fairfield, 
 Mr. Noadiah Russell of Middletown, being all reverend min- 
 isters of the gospel and inhabitants within this said colony, 
 proposed to stand as trustees, partners or undertakers for the 
 said school, to them and their successors, to erect, form, direct, 
 order, establish, improve, and at all times, in all suitable ways, 
 for the future to encourage the said school in such convenient 
 place or places, and in such form, manner, and under such 
 orders and rules, as to them shall seem meet and most con- 
 ducive to the aforesaid end thereof, so as such rules or orders 
 be not repuguant to the laws of the civil government : as also 
 to employ the moneys of any other estate which shall be 
 
 App., No. IV, 91 ; see also p. 97 for an interesting comparison of the Massachu- 
 setts draft and the legislative act. The whole phraseology of this document bears 
 out this aim. See Steiner's Hist, of Educ. in Conn., p. 70. 
 
122 EDUCATION JN THE COLONIES 
 
 granted by this Court, or otherwise contributed to that use, 
 according to their discretion for the benefit of the said collegi- 
 ate school from time to time and all times henceforward. 
 
 "And be it further enacted by the authority aforesaid, that 
 the before named trustees, partners or undertakers, together 
 with such others as they shall associate to themselves (not ex- 
 ceeding the number of eleven, or at any time being less than 
 seven, provided also that the persons nominated or associated 
 from time to time to fill up the said number, be ministers of 
 the gospel inhabiting within this colony and above the age of 
 forty years) or the major part of them, the said James Noyes, 
 Israel Chancie, etc. . . . undertakers, and of such persons so 
 chosen and associated as above said, and at any time here- 
 after, have and shall have henceforth the oversight, full and 
 complete right, liberty, power and privilege, to furnish, direct, 
 manage, order, improve and encourage from time to time, and 
 in all times hereafter, the said collegiate school so erected and 
 formed by them, in such ways, orders and manner and by 
 such persons, rector, master and officers appointed by them, 
 as shall according to their best discretion be most conducible 
 to attain the aforementioned end thereof 
 
 "And moreover it is ordered and enacted by the authority 
 aforesaid, that the said James Noyes, etc., undertakers, trus- 
 tees or partners, and the said persons taken from time to time 
 into partnership, or associated as aforesaid with themselves, 
 shall have and receive (and it is hereby given and granted 
 unto them) the full and just sum of one hundred and twenty 
 pounds in country pay \^£6o sterling] to be paid annually and 
 at all times hereafter (until this Court order otherwise) to 
 them, and such person, or persons, only as they shall appoint 
 and empower to receive the same ; to be faithfully disposed of 
 by the said trustees, partners, or undertakers, for the end 
 aforesaid, according to their discretion ; which said sum shall 
 be raised and paid in such ways and manners, and at such a 
 value as the country rates of this colony are and have been 
 usually raised and paid. 
 
CONNECTICUT \ 2 3 
 
 " It is also further enacted by the authority aforesaid, that the 
 said undertakers and partners and their successors be and hereby 
 are further empowered to have, accept, acquire, purchase or 
 otherwise lawfully enter upon, any lands, tenements and hered- 
 itaments to the use of the said school, not exceeding the value 
 of five hundred pounds per annum, and any goods, chattels, 
 sum or sums of money whatsoever as have heretofore already 
 been granted, bestowed, bequeathed, or given, or as from time 
 to time shall be freely given, bequeathed, devised or settled by 
 any person or persons whatsoever upon and to and for the use 
 of the said school towards the founding, erecting, or endowing 
 the same, and to sue for, recover and receive all such gifts, 
 legacies, bequests, annuities, rents, issues, and profits arising 
 therefrom, and to employ the same accordingly ; and out 01 
 the estate, revenues, rents, profits and incomes accruing and 
 belonging to said school to support and pay as the said under- 
 takers shall agree and see cause, the said rector or master, 
 tutors, ushers, or other officers, their respective annual salaries 
 or allowances ; as also, for the encouragement of the students, 
 to grant degrees or licenses as they or those deputed by them 
 shall see cause to order and appoint." ' 
 
 In 1703 there were from 15 to 20 college students' under 
 the tuition of Rector Pierson at Killingworth. Accordingly in 
 October 14 of that year the General Court orders and enacts, 
 " That no scholar being a student in the Collegiate School, 
 shall be entered in the public list of male persons, nor be rated 
 for his head ; and if any such scholar be entered, his or their 
 names shall be taken out again; and that the persons of all 
 such scholars shall be exempted from watching and warding 
 and all other such public service during the whole time that 
 they shall continue in the said school.'" Later in the month, 
 
 ^Conn. Col. Rec, IV, 363-5. ^Dgxter's Annals, I, 13. 
 
 ' Conn. Col. Rec, IV, 440. This order is the more significant in view of the 
 French and Indian war, which was at that time making heavy drains upon the 
 colony. 
 
124 EDUCATION IN THE COLONIES 
 
 the Governor and Council grant the trustees permission to 
 raise money by brief throughout the colony for the mainte- 
 nance of a tutor and the promotion of a college building. 
 " Further more the Governor and Council considering the very 
 hopeful progress the reverend trustees have already made in 
 the said affair, and the comfortable appearance that the said 
 school under the present conduct of the said trustees will 
 (through the divine blessing) conduce to the advancing of the 
 the interest of religion and general good of this colony, do 
 therefore hereby recommend the aforesaid approved measure to 
 all persons within the said colony, not doubting but there will 
 be in all a general readiness in their respective stations, and ac- 
 cording to their respective circumstances to forward so good a 
 work.'" 
 
 There is no record of the result of this recommendation. 
 For the next ten years, however, the Collegiate School con- 
 tinued in a disorganized and impoverished condition. 
 
 In 171 2 the Assembly under an act for encouragement of 
 learning ' increased the appropriation to the Collegiate School 
 for that year by about 25 per cent.' 
 
 In October, 17 14, the Upper House of Assembly passed a 
 bill granting ;£'200 towards a college building, but the Lower 
 House refused to concur and referred the matter to the next 
 session.* In May, on a representation of the trustees, the 
 Lower House " taking it into their serious consideration are 
 fully satisfied of the real necessity of a suitable house being 
 provided for the entertainment of the school. And do there- 
 fore order that for the encouragement of so good a work as 
 building a convenient house for said school, a brief be sent 
 
 1 Ibid., IV, 454. 2 See p. 99. 
 
 ^ Ibid., V, 353. One hundred pounds in money or bills of credit was the appro- 
 priation in lieu of ;^I 20 country pay. " Country pay " consisted of certain com- 
 modities accepted by the government as lawful for the payment of taxes, but rated 
 at fifty per cent, above their hard money value. (Dexter's Annals, I, 109.) 
 
 * Dexter's Annals, I, 143. 
 
CONNECT ICUT 1 25 
 
 unto the several towns and parishes in this colony for the ask- 
 ing the contribution of the well affected to religion and learning 
 among us." ' The Upper House amended this bill by making 
 a special apppropriation of ;i^ioo from the colony treasury for 
 the object in hand. The Lower House refused to accept this 
 amendment and the bill fell through.^ At the next session of 
 the legislature in October, 105,793 acres of land which had 
 come into the possession of Connecticut in the settlement of 
 the boundary line between it and Massachusetts, were ordered 
 by the Assembly to be sold and five hundred pounds of the 
 proceeds were appropriated to the trustees of the Collegiate 
 School " for the building a college house." ' 
 
 The location of this house was in dispute among the trus- 
 tees and students of the college. From 1707* to 17 16 col- 
 legiate instruction had been carried on at Saybrook, but in 
 1 716 some of the students alleged discontent with the instruc- 
 tion and general conditions at Saybrook and gathered together 
 under Tutor Elisha Williams at Wethersfield. * In May of 
 that year two of the Hartford trustees represent to the Gen- 
 eral Court that " as the generous concern which this honored 
 Court have expressed for the promoting of learning in the 
 people under their government, especially in that encourage- 
 ment which they have given for the erecting and subsisting a 
 collegiate school in this colony, is matter of great satisfaction 
 to all such as reflect thereon and do rightly understand the 
 true interests of a people ; so, on the other hand, the present 
 declining and unhappy circumstances in which that school 
 lies, and the apparent hazard of its being utterly extinguished 
 
 ^Ibid. 'liia., I, 144. 
 
 3 Conn. Col. Rec, V, 528-9. 
 
 'During the rectorship of the Rev. Mr. Pierson, 1702-1707, instruction was 
 given at the rector's own house at Killingsworth, and commencements were held 
 at Saybrook, 9 miles distant, in a house donated for the purpose by a citizen of the 
 town. (Dexter's Annals, I, 6.) 
 
 5 Dexter's Annals, I, 148-9. 
 
( 26 JiD UCA HON IN THE COL ONIES 
 
 unless some speedy remedy be applied, affords but a melancholy 
 speculation to such as are acquainted with it." ' In view of the 
 prospects ' which were offered to the school by the town of 
 Hartford, the trustees further petition the Assembly to aid in 
 its location at that place. This memorial was acted upon by 
 the Assembly which met at Hartford on May loth, 17 16. 
 " Upon the representation of the Reverend Mr. Timothy 
 Woodbridge and Mr. Thomas Buckingham and others, that 
 the collegiate school at Saybrook is in a languishing condi- 
 tion, and moving to this Assembly for a committee to hear 
 from them the circumstances thereof: It is resolved by this 
 Assembly, that the several gentlemen, the trustees of the said 
 school, be forthwith notified that this Assembly desire the 
 said trustees to meet in this place on Wednesday next, that 
 they may show to this Assembly the difficulties, and what 
 may by them be thought expedient to be done therein, in 
 order to the further proceedings of this Assembly for the bet- 
 ter advantage of the said collegiate school.'" The trustees 
 who obeyed the above summons persuaded the Assembly to 
 wait until the following October, promising that if they had 
 not unanimously agreed on a place for a college by the next 
 commencement, they would let the legislature name one. * In 
 October, the majority of the trustees chose New Haven for 
 the college site, and arrangements were made accordingly." 
 But in May, 1717, Mr. Woodbridge of Hartford again peti- 
 tioned the Assembly to fix a place for the college. ' Where- 
 
 1 Conn. Col. Sec, V, 550, foot-note. 
 
 'It was urged that Hartford was in the centre of the colony, and surrounded by 
 many considerable towns ; that distinguished persons in Massachusetts had prom- 
 ised to contribute and to send their sons to Hartford ; that 6 or 7 hundred pounds 
 had been raised there for the college, and other donations were expected. 
 
 ' Jiid., V, 550-1. 
 
 'Baxter's Annals, I, 150. 'Hid., I, 160, 162-3, 
 
 'On December 18, 17 16, the annual town meeting of Hartford passed resolu- 
 tions instructing the deputies of the town in the next General Assembly to offer a 
 remonstrance against the settlement of the collegiate school at New Haven. It 
 
CONNECTICUT 
 
 127 
 
 upon the Lower House " resolved that it may be most for the 
 public good and the health of the collegiate school to have it 
 settled in some place at or near Connecticut River." ' At the 
 next meeting of the legislature, ^ on a motion of the Lower 
 House,' the Trustees were summoned, on October 14th, to ap- 
 pear and give an account of their proceedings. The majority 
 report stated that New Haven had been fixed upon for the 
 college site, on account of the conveniency of its situation, the 
 cheapness of subsistence there, and the larger amount of the 
 contributions of particular gentlemen in that town " without 
 which (notwithstanding the sums granted by the colony) we 
 could not go through with so chargeable a work."* Oh 
 October 24th, the Assembly took this report, together with 
 the minority report of the Hartford trustees, into considera- 
 tion. The Upper House agreed on the majority report. 
 The Lower House voted in favor of Middletown, a town 
 midway between Hartford and New Haven." Thirty-five 
 votes were cast for Middletown, 32 for New Haven, and 6 
 for Saybrook. ' At the request of the trustees a joint meet- 
 ing of both Houses was convened on October 26th, and the 
 whole controversy was reviewed, point by point. The result 
 is thus described by Tutor Johnson, an eye witness of the pro- 
 ceedings : 
 
 " The Upper House all as one man agreed that they would 
 advise the trustees settling the school at New Haven to go on 
 with it, esteeming their cause just and good, and they sent it 
 
 was urged that " the counties of Hartford and New London, being more in num- 
 ber than the rest of the government and paying the greatest part of the money 
 given for subsisting the collegiate school, and having furnished the said school with 
 the greater number of scholars, had reason to expect that in appointing the place 
 of the school, good respect should be had to them therein." {Ibid., I, i6i.) 
 
 1 Conn. Col. Rec, VI, 30, foot-note. 
 
 'At this session Mr. Elisha Williams, deputy rom Wethersfield, was clerk of 
 the House. 
 
 5 Kirgsley's History, I, 44. * Dexter's Annals, I, 173. 
 
 » Ibid., I, 174. " Kingsley's History, I, 44. 
 
128 ED UCA TION IN THE COL ONIES 
 
 down to the Lower House, where there was great throes and 
 pangs and controversies and mighty strugglings.; at length 
 they put it to a vote, and there were six more [36 to 30] for 
 the side of New Haven than the contrary ; . . . . And thus at 
 length the up-river party had their will, in, having the school 
 settled by the General Court, though sorely against their will, 
 at New Haven, but many owned themselves fairly beat"' 
 This decision stands as follows in the colonial records: "A 
 question being put, whether under the present circumstancs 
 of the affairs of the collegiate school, the reverend trustees 
 be advised to proceed in that affair and finish the house they 
 have built in New Haven for the entertainment of the schol- 
 ars belonging to the collegiate school : Resolved in the affir- 
 mative.'" It was also resolved by this Assembly, "that in 
 lieu of one hundred and twenty pounds in pay formerly 
 granted by this Court for the encouragement of the collegiate 
 school, and to be drawn out of the public treasury, there shall 
 be the sum of one hundred pounds in bills of public credit 
 distributed among those that have instructed the scholars be- 
 longing to the collegiate school, the year past, both at 
 Weathersfield, New Haven and Saybrook, in proportion, ac- 
 cording to the number of scholars taught by them." 3 To 
 "the reverend trustees sent for by this Assembly five 
 shillings per diem during their attendance" were allowed.* 
 
 In spite of the above settlement, the tutor and students at 
 Wethersfield continued in that place during the winter of 
 1717-18; and at the May session of the legislature, in Hart- 
 ford, the discontented faction reopened the controversy.' In 
 answer to their petition the Lower House " considering the 
 great dissatisfaction of the country in general, do conclude, 
 that in order to [the college] flourishing and having the support 
 
 'Quoted by Dexter, Annals, I, 175. 
 
 2 Conn. Col. Rec, VI. 30. 
 
 " Ibid., VI, 38. * Ibid., VI, 38. 
 
 'Dexter's Annals, I, 175, 176. 
 
CONNECTICUT 1 29 
 
 of this government, it must be settled some where near Con- 
 necticut River, and that for the present and until it be so set- 
 tled, the hundred pounds granted to the tutors shall be divided 
 between the tutors at Wethersfield, Saybrook and New Haven, 
 according to the proportion of scholars under their tuition ; 
 and that it be recommended to the reverend trustees, that the 
 commencements be interchangeably one year at Wethersfield, 
 and one at New Haven, till it be further settled to the satisfac- 
 of the Assembly.'' This order was passed by 35 against 21 
 votes.^ 
 
 The Upper House refused to concur in this measure, voting 
 that " the place of the school was fully determined already by 
 the indisputable vote of the trustees, and the subsequent ad- 
 vice of the Assembly there upon." ' 
 
 In September, the new college building" was opened and the 
 Upper House accepted the trustees' invitation to hold its meet- 
 ings in the college library. At this session the legislature 
 planned to put an end to the sectional quarrels about the col- 
 lege under 
 
 "an act for the encouragement of YALE* COLLEGE." 
 
 " Whereas some difficulty and misunderstanding happened 
 in this colony upon the fixing the Collegiate School and 
 building the house for it at New Haven : therefore, for a final 
 conclusion of said difference and misunderstandings, and for 
 preventing the unhappy consequences that might ensue, and 
 
 • Conn. Col. Rec, VI, 30, foot-note. 
 ' Kingsley's History, I, 45. 
 
 * This building had been designed by Governor Saltonstall. (Dexter's Annals, 
 I, 160.) He subscribed ^^50 to its building. (Kingsley's History, I, 45.) The 
 total cost of the hall was ;^l,ooo sterling. {Ibid.) 
 
 *At the commencement in 17 18 the new building was christened Yale College 
 in honor of Elihu Yale, of England, who, at the solicitation of agent Dummer, of 
 Connecticut, Cotton Mather of Massachusetts, etc., had recently sent over £■200 for 
 a collection of books for the collegiate school. (Dexter's Annals, I, 177). The 
 name was not formally given to the corporation until the charter of 1745. 
 
13° 
 
 EDUCATION IN THE COLONIES 
 
 for the introducing a good and happy agreement in this, as 
 well as in all our public affairs : It is resolved by this Assem- 
 bly, that the following proposals be concluded upon as an ex- 
 pedient for those ends, and it is hereby agreed and enacted, 
 
 I. That the annnal salary allowed out of the public treasury 
 to said collegiate school for the past year shall be distributed 
 the tutors at New Haven, Weathersfield, and Saybrook, in 
 proportion to the scholars under their tuition. 
 
 II. That the scholars who performed their exercise at 
 Weathersfield, shall have their degree at New Haven, without 
 further examination ; and all scholars entered in the school at 
 Weathersfield shall be admitted to the same standing in the 
 school at New Haven. 
 
 III. That there shall be five hundred pounds allowed for 
 the building of a State House at Hartford ; which money 
 shall be procured by the sale of lands belonging to this col- 
 ony, and put into the hands of such committee as this Assem- 
 bly shall appoint for the use. And it is ordered that the 
 scholars at Weathersfield come down to the school at New 
 Haven. 
 
 IV. That fifty pounds be procured by the sale of such lands 
 as above said, and given to the town of Saybrook, for the use 
 of the school in said town. 
 
 V. That the Governor and Council be desired to give (at 
 the desire of the said trustees of said college), such orders as 
 they think proper, for removing the books belonging to the 
 said college, ' left at Saybrook, to the library provided for the 
 placing them in Yale College at New Haven. 
 
 VI. That the several particulars above mentioned that re- 
 late to the said college be recommended by the Governor and 
 Council in the name of this Assembly, to the trustees of the 
 
 1 In 1700 the ten founders of the College met together atBranford and donated 
 40 volumes in folio to the collegiate school. In 17 1 3 Sir John Davie and certain 
 non conformist ministers of Devon sent over 170 volumes, and in 1714 agent 
 Dummer procured about 800 books for the school. (Kingsley's History, I, 20, 37.) 
 
CONNECTICUT 
 
 131 
 
 said school, for their observation, and that said college be 
 carried on, promoted and encouraged at New Haven, and all 
 due care taken for its flourishing." ' 
 
 The bill for this act as it originally passed in the Upper 
 House provided that ;^iooo should be procured from a sale of 
 the public lands, of which sum ;^8oo were appropriated to 
 Hartford and ^200 to the college trustees for the completion 
 of the college house.* 
 
 Governor Saltonstall and Council experienced no little diffi- 
 culty in carrying out the orders concerning the removal of the 
 college books from Saybrook and the College students from 
 Wethersfield. On October 28th, after ordering arrears of 
 allowances for the years 17 16 and '18 to be paid by the col- 
 ony treasurer to Mr. John Prout, treasurer of the College, the 
 Governor and Council also directed " that the secretary write 
 an order on Mr. Daniel Buckingham,' of Saybrook, requiring 
 him to deliver to the rector of Yale College, or his order, the 
 books and papers belonging to that college, which were by 
 direction of the trustees of the same left in his house, when 
 the said college was removed to New Haven, and which he 
 has held in his keeping since that time; and that the said 
 order be inclosed in the forementioned letter to the rector." * 
 At a meeting of the Governor and Council in Saybook, Decem- 
 ber 2, the Governor communicated to the board of trustees the 
 report made by the Rev. Mr. Samuel Russell and Mr. Thomas 
 Rugles, trustees of Branford and Guilford, who had been 
 appointed by the rector of the College to execute the board's 
 order for the removal of the college books. The trustees 
 reported that on November nth, they demanded the books 
 and papers from Mr. Buckingham, who refused to deliver 
 
 I Conn. Col. Rec, VI, 83-4. 
 ' Kingsley's History, I, 47. 
 
 ' Son of the former pastor of Saybrook, in whose house the College had been 
 partly domiciled. (Dexter's Annals, I, 200.) 
 * Conn. Col. Rec, VI, 90-91. 
 
132 ED UCA Tl ON IN THE COL ONIES 
 
 them, " declaring he did not know that he had any books be- 
 longing to Yale College, but when he did, and should receive 
 authentic orders, he would deliver them." 
 
 After hearing this report, the board resolves, " that the said 
 Buckingham refusing to deliver the said books and papers 
 upon the said order given pursuant to the said act of the As- 
 sembly, has a manifest appearance of great misdemeanor and 
 contempt of authority; and that a precept be issued to the 
 sheriff of the county of New London, signed by Capt. Christo- 
 pher Christophers, clerk of the Council, by order of this board, 
 commanding him in his Majesty's name to arrest the said 
 Daniel Buckingham, and have him before the Governor and 
 Council, to-morrow morning at ten of the clock, at the house 
 of Major John Clark in Say Brook, to be examined concerning 
 his said misdemeanor and contempt, and dealt with as the law 
 directs."' Accordingly the following day the recalcitrant 
 Buckingham was brought before the board by the sheriff, and 
 after a statement of the whole affair was read to him, he was 
 asked " what he had to say, in defence of his refusal to render 
 the said books according to order, and for his treating the or- 
 der of this board and the act of the Assembly with such con- 
 tempt, answered that he could only say as he had done, and as 
 was declared in the above said return. 
 
 It was thereupon declared to him, that the "collegiate school 
 to which the books and papers demanded did belong, was 
 erected by this government ; that they had put the said school 
 into the care of divers trustees, and had settled and approved 
 of their carrying on the affairs of the said school at New 
 Haven, as also of the name of Yale College, given to the said 
 collegiate school ; and had not only directed the trustees in the 
 removal of the books and papers belonging to it, to the room 
 prepared for them in Yale College at New Haven, but had pro- 
 vided particularly that the necessary orders for the removal of 
 them should be given by the Governor and Council ; and that 
 
 ' Ibid., VI, 92. 
 
CONNECTICUT 1 3 3 
 
 since he had accepted the charge or keeping of the said books 
 and papers, he was thereby an under-officer or servant of the 
 said school, in the nature of a library keeper, and was abso- 
 lutely under the will of the trustees or masters of the said 
 school, to render the said books to their order and to the use 
 of the said school, as there should be occasion or as they 
 should be required of him by order of the government ; and 
 that its unaccountable for any one entrusted in like manner to 
 keep the said books from the use of the said school. And this 
 board, pursuant to the aforesaid act of Assembly, did more- 
 over require of him the said Buckingham, as entrusted with 
 the keeping of the said books, now to deliver them to this 
 board, that they might give order for the safe conveyance of 
 them to the library in Yale College ; which he, the said Bnck- 
 ingham, refused to do, still saying that he did not know he 
 had any books belonging to Yale College. And it appearing 
 to this board that the books and papers belonging to Yale 
 College are at this present time in the dwelling house of the 
 said Daniel Buckingham, in a chamber of the said house, where 
 they were brought by order of the trustees with consent of 
 said Buckingham, to be kept safe for the use of the said col- 
 lege ; and that the said Buckingham, in contempt of the afore- 
 said order for the rendering of them, designing to hold them 
 from said school, and prevent the said trustees of said college, 
 and students therein, from the use of the said books and 
 papers, whereby the declared resolution of the General 
 Assembly to encourage the said school, and the aforesaid act 
 will be greatly defeated, and the orders they have given for 
 that end become ineffectual, ordered, that a precept be made 
 to the sheriff of the county of New London, requiring him to 
 demand the said books, and upon his refusal, to enter into the 
 said house and chamber, and deliver and cause them to be 
 delivered to the rector of the said college, Mr. Samuel Andrew, 
 or to either of the gentlemen, viz. Mr. Samuel Russell of 
 Branford, or Mr. Thomas Ruggles of Guilford, by him 
 
134 EDUCATION IN THE COLONIES 
 
 appointed to receive them.' Ordered, That the said Bucking- 
 ham to give bond with sureties, in the sum of one hundred 
 pound, to the public treasury of this colony, for his appearance 
 at the General Court to be holden at Hartford in next May, to 
 answer for his misdemeanor and contempt, in refusing to de- 
 liver the said books and papers, according to the aforesaid act 
 of Assembly, and also for his good behavior in the meantime, 
 and that he stand committed until he give bond as aforesaid. 
 And the said Daniel Buckingham as principal, and Nathaniel 
 Chapman and Joseph Dudley as sureties, acknowledge them- 
 selves bound jointly and severally to the public treasury of 
 this colony, in a recognizance of one hundred pounds, that the 
 said Daniel Buckingham shall appear at the General Court to 
 be holden at Hartford in May next, to answer for his aforesaid 
 misdemeanor and contempt, and that he shall be of good be- 
 havior in the meantime.'"' 
 
 In accordance with the order of Assembly, in December, 
 17 18, the rebellious Wethersfield students came to the college 
 at New Haven, but within a month they returned to Wethers- 
 field, alleging dissatisfaction with their instruction. Governor 
 Saltonstall called a special meeting of the Council at New 
 Haven on March 11, 17 19, to consult with the trustees on this 
 afiTair. ' Both Mr. Woodbridge and Mr. Buckingham, of 
 Hartford, refused to attend this meeting. Mr. Woodbridge 
 was reported by one member of the Council to have said that 
 " he had not advised the scholars in their going to or coming 
 from New Haven, and therefore should not concern himself in 
 that business." Mr. Buckingham was also reported to have 
 said that " he had long ago declared to the trustees that he 
 would never contend any more with them in the affairs of the 
 
 ' The fulfillment of this order was in part frustrated by the people of Saybrook, 
 who broke the carts and turned loose the oxen intended for the transportation of 
 the books. About 260 volumes are said to have been destroyed. (Dexter's Annals, 
 I, 200. See also Conn. Col. Rec, VI, 100.) 
 
 " Ibid., VI, 93-94- ' Ibid., VI, 98. 
 
CONNECTICUT 
 
 '35 
 
 College and therefore . . . thought he should not attend the 
 meeting proposed." It was also reported that four of the 
 elder scholars at Wethersfield having been notified by Mr. 
 Pitkin of the Council of the appointed meeting and bidden to 
 attend "to show their grievance, in order to their being 
 redressed," answered " that they understood that Mr. Wood- 
 bridge and Mr. Buckingham would not be there, and could 
 not tell whether they should be there or not." The Governor 
 and Council then proceeeded from the Council Chamber to 
 Yale College hall, where they were received by the rector 
 and trustees of the College. Then " the Governor acquainted 
 the rector that the government which had with great satisfac- 
 tion founded the said college at first by their charter, and had 
 lately professed, with such solemnity, their desire and firm 
 resolution to contribute to its prosperity, could not but take 
 notice of what had lately happened, in the desertion of such a 
 number of the students, in so uncommon a manner, and that 
 he had no other information of it than by common fame, yet 
 that was grown so loud, and was by many evil-minded persons 
 industriously spread abroad, both to the injury of this college 
 and to the great disturbance of peace and good order in the 
 government, that he judged it necessary on that occasion to 
 appoint this meeting, that having a right understanding of the 
 management of the said deserters which had occasioned so 
 much disorder, proper measures might be taken to redress 
 what should be found amiss, and prevent the like for the 
 future, and particularly all needful support and encouragement 
 given to the said College. To which the Rev. Rector made a 
 brief reply, wherein he took suitable notice of the care the 
 government took for the prosperity of the College ; and added 
 that the only pretended cause which he knew of, of the afore- 
 mentioned desertion, was the insufficiency of one of the tutors : 
 but he doubted not it would be found, upon inquiry, most un- 
 reasonable." ' 
 
 ' Ibid., VI, 98-100. 
 
I og ED UCA TION IN THE COL ONIES 
 
 Two days later the aftairs of the College were again dis- 
 cussed at a meeting of the Council and trustees. " Upon con- 
 sideration had of the state of the College, the trustees present 
 did declare, that Mr. Johnson, against whose learning it has 
 been reputed that the deserting scholars had objected, had been 
 for some years improved as a tutor in the said college, and was 
 well known to be a gentleman of sufficient learning, and that 
 they cannot but look upon it as a very unworthy part in them, 
 if any of those that have deserted the College have endeavored 
 to scandalize a gentleman in such a manner, whom much more 
 competent judges highly esteem a man of good learning, and 
 in that respect very well accomplished for the charge he is in. 
 And further they declared, that they had been endeavoring to 
 procure a rector to reside at the College, though their endeav- 
 ors hitherto had been unsuccessful ; and were of the opinion 
 that it was highly necessary to procure immediately some gen- 
 tleman to be resident there, as a rector pro tempore, till the 
 latter end of May next, who should take the charge of the Col- 
 lege, with a tutor under him, to assist in the tuition of the stu- 
 dents ; which they hoped would put the affairs of the College 
 into a desirable state, and give entire satisfaction to all that 
 wished for the prosperity of it. And the gentlemen of the 
 Council, being unanimously of opinion that no expedient could 
 conduce more to the benefit of the College and satisfaction of 
 all, recommended it to the trustees that they would proceed to 
 make choice of a person to reside in the College as a rector 
 pro tempore ; that he might be as soon as possible obtained. 
 The Rev. Rector, Mr. Samuel Andrew, Mr. Samuel Russell, 
 and Mr. Thomas Ruggles, trustees, etc., personally communi- 
 cated to this board, that according to the recommendation 
 made them from hence, to consider of some fitting person who 
 might be obtained to reside as a rector in Yale College, they 
 had considered that matter, and resolved that the Rev. Mr. 
 Timothy Cutler, minister of Stratford, was a person of those 
 qualifications that they could not but think him very proper to 
 
CONNECTICUT 
 
 137 
 
 take charge of the tuition and government of the students in 
 Yale College, from this present time to the last Wednesday of 
 May or the first Wednesday of June next in the quality of 
 a rector to reside there ; and that they had pitched upon him 
 for that end, and designed to procure his residence there forth- 
 with. To which the Rev. Mr. Davenport' added particularly 
 for himself, that he did with the rest of the gentlemen before 
 mentioned fully concur in his opinion of Mr. Cutler's qualifi- 
 cations for that service, but had some scruple of removing him 
 from the church, which he doubted might be attended with un- 
 happy consequences, as to the affairs of that church and town in 
 particular ; wherefore he could not tell how to concur with them 
 in their election of him to this service, unless it be considered 
 strictly as under the limitation to that time set, viz., the last 
 Wednesday in May, or first of June. And the gentlemen there- 
 upon desired the advice of this board, who after consideration 
 had, did advise them, that if the trustees could by any means 
 obtain the Rev. Mr. Cutler to come and reside in Yale College, 
 and take the charge of a rector upon him for the time limited, 
 it would prove an expedient universally acceptable to the col- 
 ony, as it was to this board, and to all persons who have been 
 under any uneasiness respecting the state of that college, and 
 prove a good means to put an end to the contentions, which 
 are unhappily arisen, for want of such a person residing there. 
 And that although the church and town of Stratford must be 
 allowed to be unwilling altogether to part with their reverend 
 pastor, who is worthy of their great respect and honor, yet for 
 so short a time, and for so great and general advantage, as its 
 hoped his residing at Yale College may prove, we can't but 
 think that they will be persuaded to deny themselves, and be 
 satisfied with that provision to supply his desk which you may 
 be able to make for them. And we cannot but add our assur- 
 ance, that if you may be succeeded so far as to gain him to at- 
 
 ' Trustee from Stamford. 
 
138 ED UCA TION IN THE COL ONIES 
 
 tend the proposed service, it will give a particular satisfaction 
 to the Assembly ; and they will be encouraged to come into the 
 consideration of, and favor the measures which, after that, may 
 be thought best to supply the College with an acceptable resi- 
 dent rector for the future." ' 
 
 The Assembly which was convened in the following May ' 
 resolved " that for the encouragement of Yale College, there 
 be sold, by a trustee empowered by this Assembly for that 
 end, so much for the country land as shall amount to the sum 
 of three hundred pounds ; which money shall be put into the 
 hands of such commissioners as shall be appointed by this 
 Assembly, who shall pay to the trustees of the College the sum 
 of forty pounds annually for the space of seven years next. Pro- 
 vided no other income that may happen to appertain to said 
 college be sufficient for the encouragement of said college 
 before the said seven years be expired. Provided also, that 
 said committee shall not sell any lands in large farms where 
 there is conveniency for a township." ' Subsequently it was 
 ordered " that the committee appointed for the sale of the land 
 in the town of Staford, or any three of them, be and are 
 hiereby empowered to sell the land appointed by this Court to 
 to be sold for the encouragement of Yale College, and take 
 care that the money to be made by the said sale, given to the 
 said college, be paid into the treasury of the said college." ' 
 
 Mr. Timothy Cutler accepted his call to the College, and in 
 the autumn of 17 19 was formally appointed rector. One 
 
 1 Ibid., VI, 100-102. 
 
 'At this session the disaffected Hartford faction made a final attack upon Yale 
 College. Woodbridge and Buckingham were returned as deputies from Hartford, 
 and through them an attempt was made to displace Governor Saltonstall, the zeal- 
 ous supporter of the College, at the annual election of Governor. (Dexter's An- 
 nals, I, 202 ; Conn. Col. Rec, VI, io6, foot-note.) 
 
 ''Ibid.,yi, 125-6. 
 
 *• Ibid., VI, 130. In October, 1720, the Assembly ordered that the remainder 
 of this grant should be given by the committee into the treasury of the College " as 
 soon as conveniently they may." (Ibid., VI, 214-5.) 
 
CONNECTICUT 
 
 139 
 
 month later the legislature freed him from all his taxes as long 
 as he continued in office. ' 
 
 In May, 1721, the Assembly agreed that, "whereas, there 
 is great need of providing a suitable dwelling house for the 
 use of the rector of Yale College : It is ordered by this As- 
 sembly, that there be a brief or collection of money made in 
 each town of this Colony, and applied to that end.'" The fol- 
 lowing month the Governor appointed July 23 the time for 
 this subscription."' In October, 1721, it was provided by the 
 Assembly " that what shall be gained by the impost on rum 
 for two years next coming, * shall be applied to the building 
 of a rector's house for Yale College." ' In May, 1722, another 
 appropriation was made by the legislature to further the build- 
 ing of the rector's house. " Whereas, it appears by the result 
 of several audits that there are two articles of debt to the Col- 
 ony, viz., twenty pounds in the hands of Mr. Lucass, a gentle- 
 man of Antigua, and the other is an article of slops left in 
 the hands of Mr. Foxcraft, commissary of Anapolis, to the 
 value of seventy-nine pounds, seven shillings, which we have 
 long endeavored to obtain and are become desperate ; And 
 whereas, it is suggested that if the government would grant 
 them (in case they can be recovered) to the support of the 
 college in New Haven, those who are concerned in them 
 might possibly be prevailed with not to withhold them from 
 such a pious use : It is therefore considered and resolved, that 
 if by direction of the Governor and Council those sums, or 
 any part of them, can be gained, they shall be paid into the 
 treasury of the said college, to be improved by the trustees 
 thereof, to the benefit of said college, and particularly to the 
 carrying on the building of the rector's house, if it shall be 
 wanting to that end. Always provided, that the government 
 
 1 Ibid., VI, 159. ' Ibid., VI, 256. ' Ibid., VI, 260. 
 
 'This impost amounted to over ;£'300, "probably in bills of credit." (Dexter's 
 Annals, I, 259.) 
 ^ Ibid., Ml., 283. 
 
I40 
 
 EDUCATION IN THE COLONIES 
 
 be at no charge in recovering the money." ' The following 
 October, on a petition of the trustees, the Assembly re-enacted 
 the above provision, and furthermore empowered the trustees 
 to recover the debt from the commissary of Annapolis, " al- 
 though it should be of greater value than the sum abovesaid." ' 
 At this session, the trustees successfully petitioned for the 
 grant of a common seal, a provision which had been cautiously 
 omitted in the original charter to the collegiate school. ' 
 A year and a half later the trustees again brought the college 
 charter to the attention of the legislature, and an Act in ex- 
 planation of and addition to the Act for erecting a Collegiate 
 School in this Colony was passed by the Assembly. 
 
 " Whereas, pursuant to the powers and privileges granted to 
 cetrain trustees for erecting a collegiate school in this colony, 
 entitled An Act for a Collegiate School, the said trustees have 
 erected the said school in the town of New Haven, which 
 school is now known by the name of Yale College; And 
 whereas it appears to this Assembly, that an explanation and 
 enlargement of the powers and privileges granted by said act 
 is necessary for the carrying on the affairs of the said college, 
 for want of which it has labored under great difficulties,* very 
 much to the prevention of that order and good education which 
 is to be desired there : Be it therefore enacted by the Governor, 
 Council and Representatives, in General Court assembled, and 
 by the authority of the same, that the said act, which provides 
 that the number of the said trustees be not under seven nor 
 above eleven, is not to be understood or taken so as to be re- 
 strictive of the power of the said trustees never to choose 
 any person to be a trustee when there is, of such persons as 
 have been chosen and acted as trustees, eleven persons living 
 
 1 Ibid., VI, 325. s Ibid., VI, 337-8. » Ibid., VI, 340. 
 
 * The differences which arose among the trustees in the removal of the College 
 from Saybrook to New Haven are here referred to ; likewise the more recent 
 religious controversy which had occurred between the trustees and Rector Cutler 
 and Tutor Browne. See below. 
 
CONNECTICUT 
 
 141 
 
 in the colony or elsewhere ; but that, in cape any person so 
 chosen be by Providence incapacitated from attending that 
 service, or shall himself decline the same, through the necessity 
 of his own affairs or for any other such reason as he shall 
 judge requisite, the trustees, in any of their meetings lawfully 
 called, may be understood to have, and it is hereby enacted and 
 declared that they shall be taken to have, full power, by the 
 majority of such meeting, to proceed to the choice of another 
 trustee in the room of any such person. And it is hereby 
 further declared and enacted to be the true intent and meaning 
 of the act aforesaid, that the said trustees shall be empowered, 
 and they are hereby declared to have power, to meet together 
 for considering, advising about and resolving upon, all matters 
 belonging to the trust of the said college committed unto them 
 as aforesaid, and to agree and conclude, order and determine, 
 concerning them, by the majority of the said meeting; and by 
 the same majority to choose and appoint a clerk, who shall, 
 in a fair book prepared for that end, register and carefully 
 preserve the acts of all such meetings. And whereas it has 
 been doubted wnat number of the said trustees may be 
 looked upon as a sufficient or full meeting, in as much as 
 there is not in the aforesaid act any express mention made of 
 any meeting of the said trustees : It is therefore, to prevent all 
 scruple of that kind for the future, hereby provided and de- 
 clared, that due notice being given to the trustees, by consent 
 of any three of them, of a meeting of the trustees desired at 
 any time or place, any seven or more of the trustees present 
 at such time and place shall be esteemed a full meeting. And 
 it is hereby declared and enacted, that in all such meetings 
 so called, or otherwise as the said trustees in any such full 
 meeting shall agree, all affairs under the care of the said trus- 
 tees shall be determined by the majority of such meeting. 
 And whereas it has been found inconvenient that in the 
 election of persons to be trustees, the trustees' election by the 
 aforesaid act should be limited and restrained so as that the 
 
142 
 
 EDUCATION IN THE COLONIES 
 
 person who shall be chosen must necessarily be forty years 
 of age : It is hereby declared and enacted, that for the future 
 the said trustees in any election of a person into that trust 
 shall not be esteemed or held obliged by said act to choose 
 such persons as shall be above forty years of age, but may 
 choose such persons otherwise qualified according to said act, 
 provided he is thirty years of age. And it is further hereby 
 allowed, enacted, granted and provided, that whosoever shall 
 be chosen and made a rector of the said college shall, by 
 virtue thereof, become a trustee of the same, and be so 
 esteemed and taken during his continuance in the said rector- 
 ship." 1 
 
 In May, 1724, the legislature was pleased to grant a further 
 request of the trustees under an act " to enable the trustees of 
 Yale College to exchange certain lands." These lands con- 
 sisted of a farm of 600 acres in the township of Killingly which 
 had been donated to the college in 1701 by Major James Fitch, 
 member of the Council." The title to this property was dis- 
 puted, but the parties interested declared their willingness to 
 give other lands equal in value and quantity in exchange for 
 the Killingly farm, and the legislature was therefore appealed 
 to by the trustees to legalize this transaction.' A request, how- 
 ever, of the trustees for a renewal of the appropriation of the 
 tax on rum was refused on motion of the Lower House.* 
 
 In 1722 Rector Cutler made a formal acknowledgement of 
 his conversion to the Episcopal persuasion and his resignation 
 was consequently called for by the trustees. For the next four 
 years different members of the board presided over the College. 
 In September, 1725, Rev. Elisha Williams, pastor of Newing- 
 ton parish in Wethersfield, was called to the rectorship, and 
 the trustees successfully petitioned the Assembly to recom- 
 
 1 Ibid., VI, 416-417. 
 
 ' Kingsley's History, I, 22. 
 
 » Conn. Col. Rec, VI, 446-7. See also Ibid., VI, 372. 
 
 ' Dexter's Annals, I, 290. 
 
CONNECTICUT 
 
 143 
 
 pense his parishioners by freeing them from their country 
 rates. " This Assembly rejoiced in the good providence that 
 conducted the reverend trustees to fill up the vacancy of a 
 rector in a said college with a gentleman so agreeable to the 
 country, and so very acceptable to the Assembly ;' and do enact 
 that when the said Mr. Elisha Williams shall remove to New 
 Haven into the service of rector in Yale College, according to 
 appointment of the said reverend trustees, that Newington, or 
 the inhabitants of said parish, shall be freed from paying their 
 country tax for the space of four years next coming, on con- 
 dition that the money be improved towards settling another 
 minister in said parish." " The following May, the trustees in- 
 formed the Assembly that " they had prevailed with the rever- 
 end Mr. Elisha Williams to remove from his parish at New- 
 ington to Yale College," and urged that " the people of New- 
 ington ought to be considered with respect to the disburse- 
 ments they have made in settling Mr. Williams amongst them." 
 It was therefore ordered by the Assembly, " that the treasurer 
 pay out of the public treasury to the inhabitants of Newington 
 the sum of one hundred pounds and sixteen shillings, in satis- 
 faction of part of the sum the trustees agreed the said inhabi- 
 tants should have as a recompence for their said disburse- 
 ments ; provided the said Mr. Williams be settled in the trust 
 of rector of the said college."' 
 
 In October, 1727, a motion was carried in the Upper House 
 to free Mr. Williams from taxation during his continuance in 
 the rectorship, but the Lower House refused to concur.* At 
 
 ' Mr. Williams had been a member of the legislature in 17 18. After his resigna- 
 tion from the rectorship in 1739, he was again returned to the House of Repre- 
 sentatives, and served as Speaker of the House during 5 of the 22 sessions in which 
 he was a member of that body. (Dexter's Annals, I, 632.I See p. 125. 
 
 •' Conn. Col. Rec, VI, 569-570. 
 
 » Ibid., VII, 24. 
 
 ' Dexter's Annals, I, 365. In October, 1729, Rector Cutler petitioned in his 
 own behalf on this subject; but the Lower House persisted in its refusal, {tbid., 
 I. 401O 
 
144 
 
 EDUCATION IN THE COLONIES 
 
 this session, in answer to a petition of the trustees, the Assem- 
 bly granted the College the impost " on rum " for one year.' 
 In 1728 on account of the "pressing circumstances of Yale 
 College " fifty pounds in bills of public credit is advanced by the 
 government out of its yearly allowance to the Collge." In May, 
 1 729, upon a memorial of the trustees, the sum of £%o a year for 
 the term of two years is appropriated to the College.' In Oc- 
 tober, 1730, on account of the depreciation of the bills of 
 credit, this extra grant is increased to ;£'ioo and continued for 
 another year.' In 1732, upon a memorial of the trustees, the 
 Assembly appropriated 1 500 acres to the " benefit and behoof" 
 of the College. This grant was made up of 300 acres in each 
 of the five townships which had recently been laid out east of 
 the Housatonic river." Six years later £^0 was allowed to 
 the trustees for laying out these " college farms,"" and the sur- 
 veys which were then made were accepted and patents granted 
 for them by the legislature.' In 1733 the Assembly orders 
 a special appropriation of ;£^lOO to be paid to the College for 
 the year past and a like appropriation is made for the current 
 year.* This grant is renewed for one year in 1734;' for three 
 years, in 1735,'° and again for three years, in 1738." 
 
 In 1735, a committee appointed by the Assembly, upon the 
 memorial of the trustees, to view the state of Yale College, 
 report that " it will be best that the roof, with some part of the 
 backside and ends, also the kitchen, the doors and back win- 
 dows, be all mended, the aforesaid new colored, and the fences 
 erected." Whereupon the Assembly appoints Capt. Isaac 
 Dickerman and Mr. John Ponderson a committee to oversee 
 the work, and order them to draw fifty pounds out of the 
 treasury of the colony, and to lay their accounts before the As- 
 sembly in the following May." In May the report of the com- 
 
 1 Ibid., VII, 133. ' Ibid., VII, 178. ' Ibid., VII, 229. 
 
 * Ibid., VII, 302. 6 Ibid., VII, 412-13- • Ibid., VIII, 203. 
 
 ' Ibid., VIII, 345-6. 8 /^jV/., VII, 472. 9 Ibid., VII, 523. 
 
 i» Ibid., VIII, 24. " Ibid., VIII, 203. 12 Ibid., VIII, 15. 
 
CONNECTICUT I45 
 
 mittee was received by the Assembly and an additional appro- 
 priation of fifty pounds was made.' The following October, 
 ^53 1 8s, 3d, was paid to the committee on repairs, which sum 
 was stated to be payment in full for the work done;' but later in 
 the month Messrs. Dickermann and Ponderson were empowered 
 to make further repairs and granted £2^, to that end.' In Oc- 
 tober, 1738, Mr. Ponderson laid his final account before the 
 Assembly. It was approved and Mr. Ponderson was given 
 the sum of £t^ 8s, gd, " the balance of said account."* 
 
 In the readjustment of the rates of taxation which was 
 made in the colony in 1737, the rector, tutors and students, 
 " until the expiration of the time for taking their second de- 
 gree," were freed from poll taxes,' and at the same time the 
 estate of the rector of Yale College was included in a provision 
 which exempted the estates of all settled ministers from tax- 
 ation." Three years later the rector, tutors and students were 
 also exempted from all military service.' 
 
 In 1739, Rector Williams resigned and Rev. Mr. Thomas 
 Clap, pastor of the church in the first society of Windham, 
 was chosen rector, and the trustees petitioned the Assembly 
 in behalf of the society of Windham " to allow said society the 
 sum of ;^3io' for the satisfaction of their temporal damages." 
 The Assembly forthwith granted this petition.' 
 
 In 1740, the trustees address the Assembly on the subject 
 of needed building and repairs, and that body resolves " that the 
 
 1 Ibid., VIII, 37. 2 Ibid., VIII, 66. 
 
 s/izo'., VIII, 75. */i5Ja'., VIII, 206. 
 
 ^Ibid., VIII, 131-2. ^ Ibid., VIII, 133. 
 
 ''Ibid., VIII, 379. England declared war against Spain in 1739, and military 
 preparations were in order in all the American colonies. 
 
 ' This sum was half the amount that the society had given to Mr. Clap at the 
 time of his settlement as minister 14 years previous. Fourteen years was con- 
 sidered about half the usual term of a minister's service. (Kingsley's History, 
 i, 65.) 
 
 9 Conn. Col. Rec, VIII, 308. 
 
146 
 
 EDUCATION IN THE COLONIES 
 
 college house of the said college shall be repaired at the charge 
 of this colony as soon as may be, which repairs shall be by new 
 shingling the roof, clap-boarding the backside, ground-silling, if 
 need be, and making necessary repairs of the windows, and in 
 other parts where they are defective. And Mr. John Punderson 
 and Mr. Daniel Edwards are hereby appointed to take care of 
 and procure the said repairs to be made as reasonable as may 
 be, and to render an account of their doings in that affair to this 
 Assembly. And his Honor the Governor' and Nathaniel 
 Stanly, Esq., shall draw out of the public treasury of this 
 colony such sums of bills of public credit as they shall judge 
 necessary for the purpose aforesaid, and deliver the same to 
 said committee for the use aforesaid, taking their receipt 
 therefor. And it is further resolved by this Assembly, that 
 the other matters in the report aforesaid, respecting the build- 
 ing a new house for the entertainment of the students in said 
 college, be referred to the consideration of this Assembly at 
 their sessions in May next."" There is no evidence that the 
 subject of a new college building was considered in the subse- 
 quent May session of the Assembly, but in October, 1741, the 
 trustees again petition the legislature concerning necessary 
 repairs, and it is : "Ordered, that there be erected on the 
 backside of the rector's house a small kitchen of about sixteen 
 feet square, beside the chimney place, and one story high, 
 and that such repairs as are necessary be made about the 
 rector's house, and there be erected a good and decent 
 new fence about the yard before the rector's house, and from 
 thence by the street northward to the corner ; and Messrs. 
 Daniel Edwards and Samuel Mix,' of New Haven, are ap- 
 
 1 In 1741, Governor Talcott having died, Mr. John Hitchcock was associated 
 with Nathaniel Stanley in the above affair. I^Ibid., VIII, 442.) 
 
 '/izV., VIII, 345. 
 
 ' In May, 1743, Edwards and Mix showed to the Assembly that " by some over- 
 sight, nothing had been allowed for their services," and prayed " to be remem- 
 bered respecting that matter." Whereupon the Assembly allowed them £\2. for 
 " their trouble and service." [Iliid., VIII, SSO-) 
 
CONNECTICUT 1 47 
 
 pointed hereby to take care of and procure the said work 
 to be done in the best and most convenient manner, and as 
 reasonably as may be, and to render an account of their doings 
 in that affair to this Assembly ; and Nathaniel Stanly, Esq., 
 and Capt. John Marsh, are hereby ordered to draw out of the 
 public treasury of this colony such sums of bills of credit as 
 they shall judge necessary for the purpose aforesaid, and de- 
 liver the same to the said committee, for the use aforesaid, 
 taking their receipt therefor.'" Later in the month, Nathaniel 
 Stanley, Daniel Hitchcock, John Ponderson and Daniel Ed- 
 wards are appointed a committee to make up accounts " con- 
 cerning what hath been expended, and to give order for what 
 money shall be found due and further needful to finish said 
 repairs."* At this session thirty pounds per annum " in bills 
 of credit of the new tenor, or other bills equivalent thereunto '" 
 are granted to the College for three" years.* In October, 1743, 
 in response to a memorial from the trustees, the annual grant 
 to the College is increased to ;£^iOO " lawful money."* In 
 October, 1744, the trustees report that the rector's house is 
 again in need of repairs and the Assembly resolve that " both 
 roof and sides be new covered, the sides colored and the win- 
 dows filled with sash glass ; and Capt. John Hubbard and Mr. 
 Samuel Mix, of New Haven, are hereby appointed a committee 
 to take care of and procure said work to be done and lay their 
 accounts thereof before this Court before their sessions in May 
 next. And this Assembly orders the treasurer of this colony 
 to pay and deliver to the said committee the sum of two hun- 
 
 1 rUd., VIII, 436-7. » Hid., VIII, 442. 
 
 ' In 1740 a new issue of paper money had been made to meet war expenses. 
 The ratio between this so called new tenor and the outstanding paper issues or old 
 tenor was 2 and yi to one. {A Historical Account of Connecticut Currency, 
 Continental Money, and the Finances of the Revolution, pp. 56, 59. Henry 
 Bronson, M. D. Pub. in New Haven Hist. Coll., vol. I. New Haven, 1865.) 
 
 « Rec. VIII, 436. ' Ibid., VIII, 553. 
 
148 
 
 EDUCATION IN THE COLONIES 
 
 dred pounds in bills of credit, old tenor, to be improved for 
 that purpose."' 
 
 At this session " an act for the more full and complete es- 
 tablishment of Yale College in New Haven, and for enlarging- 
 the powers and privileges thereof" was passed "by the Gov- 
 ernor and Company of his Majesty's Colony in New England 
 in America." " Whereas, upon the petition of several well 
 disposed and public spirited persons, expressing their desire 
 that full liberty and privilege might be granted unto certain 
 undertakers, for the founding, suitably endowing, and ordering 
 a collegiate school within this colony, wherein youth might 
 be instructed in the arts and sciences, the Governor and Com- 
 pany of the said colony in General Court assembled at New 
 Haven, on the 9th day of October in the year of our Lord one 
 thousand seven hundred and one, granted unto the Rev. 
 Messrs. James Noyes, Israel Chauncey [etc.] (who were pro- 
 posed to stand as trustees, partners or undertakers for the said 
 society), and to their successors, full liberty, right and privi- 
 lege, to erect, form, direct, order, establish, improve, and at all 
 times in all suitable ways to encourage the said school in some 
 convenient place in this colony, and granted sundry powers 
 and privileges for the attaining the end aforesaid : And 
 whereas, the said trustees, partners and undertakers, in pur- 
 suance to the aforesaid grant, liberty, license, founded a col- 
 legiate school at New Haven, known by the name of Yale 
 College, which has received the favorable benefactions of many 
 liberal and piously disposed persons, and under the blessing of 
 Almighty God has trained up many worthy persons for the 
 service of God in the State as well as in the Church : And 
 whereas the General Court of this colony, assembled at New 
 Haven the tenth day of October, in the year of our Lord one 
 thousand seven hundred and twenty-three, did explain and en- 
 large the aforesaid powers and privileges granted to the afore- 
 
 ^ Ibid., IX, 62. In July, 1745, this appropriation was increased by £\<x> old 
 tenor. {Tbid., IX, 153.) 
 
CONNECTICUT 
 
 149 
 
 said partners, trustees or undertakers, and their successors, for 
 the purpose aforesaid, as by the respective acts, reference 
 thereto being had, more fully and at large may appear : And 
 whereas the Rev. Messrs. Thomas Clap, Samuel Whitman, 
 Jared Elliot, Ebenezer Williams, Jonathan Marsh, Samuel Cook, 
 Samuel Whittelsey, Joseph Noyes, Anthony Stoddard, Benja- 
 min Lord, and Daniel Wadsworth, the present trustees, partners 
 and undertakers of the said school, and successors of those 
 before mentioned, have petitioned that the said school with all 
 the rights, powers, privileges and interests thereof, may be 
 confirmed, and that such other additional powers and privi- 
 leges may be granted as shall be necessary for the ordering 
 and managing of the said school in the most advantageous 
 and beneficial manner, for the promoting all good literature in 
 the present and succeeding generations: Therefore, Governor 
 and Company of his Majesty's said English Colony of Con- 
 necticut, in General Court assembled, this ninth day of 
 May in the year of our Lord one thousand seven hundred 
 and forty-five, enact, ordain and declare, and by these 
 presents it is enacted, ordained and declared : That the said 
 Thomas Clap, Samuel Whitman, Jared Eliot, Ebenezer 
 Williams, Jonathan Marsh, Samuel Cook, Samuel Whittelsey, 
 Joseph Noyes, Anthony Stoddard, Benjamin Lord, and Daniel 
 Wadsworth, shall be an incorporate society, or body corporate 
 and politic, and shall hereafter be called and known by the 
 name of The President and Fellows of Yale College in New 
 Haven ; and that by the same name they and their successors 
 shall and may have perpetual succession, and shall and may be 
 persons capable in the law to plead and be impleaded, defend 
 and be defended, and answer and be answered unto, and also 
 to have, take, possess, acquire, purchase or otherwise receive, 
 lands, tenements, hereditaments, goods, chattels or other 
 estates, and the same lands, tenements, hereditaments, goods, 
 chattels or other estates to grant, demise, lease, use, manage 
 or improve, for the good and benefit of the said college, ac- 
 
ISO 
 
 EDUCATION IN THE COLONIES 
 
 cording to the tenor of the donation and their discretion. 
 That all gifts, grants, bequests and donations of lands, tene- 
 ments or hereditaments, of goods and chattels, heretofore made 
 to or for the use, benefit and advantage of the collegiate 
 school aforesaid, whether the same be expressed to be made 
 to the president or rector and the rest of the incorporate so- 
 ciety of Yale College, or to the trustees or undertakers of the 
 collegiate school in New Haven, or to the trustees by any 
 other name, style or title whatsoever, whereby it may be 
 clearly known and understood that the true intent and design 
 of such gifts, grants, bequests and donations was to or for the 
 use, benefit and advantage of the collegiate school aforesaid, 
 and to be under the care and disposal of the governors thereof, 
 shall be confirmed, and the same are hereby confirmed and 
 shall be and remain to, and be vested in the president and 
 fellows of the college aforesaid and their successors, as to the 
 true and lawful successors of the original grantees. That the 
 said president and fellows and their successors shall and may 
 hereafter have a common seal to serve and use for all causes, 
 matters and affairs of them and their successors, and the same 
 to alter, break and make new, as they shall think fit. That 
 the said Thomas Clap shall be, and he is hereby established 
 the present president, and the said Samuel Whitman, Jared 
 Eliott, Ebenezer Williams, Jonathan Marsh, Samuel Cook, 
 Samuel Whittelsley, Joseph Noyes, Anthony Stoddard, Benja- 
 min Lord, and Daniel Wadsworth, shall be, and they are 
 hereby established, the present fellows of the said college; 
 and that they and their successors shall continue in their re- 
 spective places during life, or until they, or either of them, 
 shall resign or be removed or displaced, as in this act is 
 hereby expressed. That there shall be a general meeting of 
 the president and fellows of said college in the college 
 library, on the second Wednesday of September annually, or 
 at any other time and place which they shall see cause to ap- 
 point, to consult, advise and act in and about the affairs and 
 
CONNECTICUT 
 
 151 
 
 business of the said college ; and that on any special emer- 
 gency the president or any two of the fellows or any four of 
 the fellows may appoint a meeting at the said college, 
 provided they give notice thereof to the rest by letters 
 sent and left with them or at the places of their respective 
 abode five days before such meeting; and that the presi- 
 dent and six fellows or in case of the death, absence 
 or incapacity of the president, seven fellows convened 
 as aforesaid, (in which case the eldest fellow shall pre- 
 side,) shall be deemed a meeting of the president and 
 fellows of said college ; and that in all the said meetings the 
 major vote of the members present shall be deemed the act of 
 the whole and where an equi-vote happens the president shall 
 have a casting vote. That the president and fellows of said 
 college and their successors, in any of their meetings assem- 
 bled as aforesaid, shall and may from time to time, as occasion 
 shall require, elect and appoint a president or fellow in the 
 room and place of any president or fellow who shall die, re- 
 sign or be removed from his office, place or trust, whom the 
 said Governor and Company hereby declare for any misde- 
 meanor, unfaithfulness, default or incapacity, shall be remov- 
 able by the president and fellows of the said college, six of 
 them at least concurring in such act ; and shall have power to 
 appoint a scribe or register, a treasurer, tutors, professors, 
 steward, and all such other officers and servants usually ap- 
 pointed in colleges or universities, as they shall find necessary, 
 and think fit to appoint, for the promoting good literature and 
 the well ordering and managing the affairs of said college, 
 and them or any of them at their discretion to remove, and to 
 prescribe and administer such forms of oaths (not being con- 
 trary to the laws of England or of this colony) as they shall 
 think proper to be administered, to all the officers, instructors 
 of the said college, or to such and so many of them as they 
 shall think proper, for the faithful execution of their respective 
 places, offices and trusts. That the present president and 
 
152 
 
 EDUCATION [N THE COLONIES 
 
 fellows of said college and their successors, and all such 
 tutors, professors and other officers as shall be appointed for the 
 public instruction and government of said college, before they 
 undertake the execution of their respective offices and trusts, 
 or within three months after, shall publicly in the college hall 
 take the oaths and prescribe the declaration appointed by an 
 Act of Parliament made in the first year of King George the 
 First, entitled an Act for the further security of his Majesty's 
 person and government and the succession of the Crown in the 
 heirs of the late Princess Sophia, being Protestants, and for 
 extinguishing the hopes of the pretended Prince of Wales and 
 his open and secret abettors : that is to say, the president be- 
 fore the Governor, Deputy Governor, or any two of the Assist- 
 ants of this colony, for the time being, and the fellows, tutors 
 and other officers before the president for the time being, who 
 is hereby empowered to administer the same ; an entry of all 
 which shall be made in the records of the said college. That 
 the president and fellows shall have the government, care and 
 management of said college, and all the matters and affairs 
 thereunto belonging, and shall have power, from time to time as 
 occasion shall require, to make, ordain and establish all such 
 wholesome and reasonable laws, rules and ordinances, not re- 
 pugnant to the laws of England, nor the laws of this colony, 
 as they shall think fit and proper, for the instruction and edu- 
 cation of the students, and ordering, governing, ruling, and 
 managing the said college, and all matters, affairs and things 
 thereunto belonging, and the same to repeal and alter, as they 
 shall think fit ; (which shall be laid before this Assembly as 
 often as required, and may also be repealed or disallowed by 
 this Assembly when they shall think proper.) That the presi- 
 dent of the said college, with the consent of the fellows, shall 
 have power to give and confer all such honors, degrees or 
 licenses as are usually given in colleges or universities, upon 
 such as they shall think worthy thereof That all the lands 
 and rateable estate belonging to the said college, not exceeding 
 
CONNECTICUT 153 
 
 the yearly value of five hundred pounds sterling, lying in this 
 government, and the persons, families and estates of the presi- 
 dent and professors, lying and being in the town of New 
 Haven, and the persons of the tutors, students, and such and 
 so many of the servants of said college as give their constant 
 attendance on the business of it, shall be free and exempted from 
 all rates, taxes, military service, working at highways, and other 
 such like duties and services. And for the special encourage- 
 ment and support of said college, this Assembly do hereby 
 grant unto the president and fellows and their successors, for the 
 use the of the said college, in lieu of all former grants, one hun- 
 dred pounds silver money, at the rate of six shillings and eight 
 pence per ounce, to be paid in bills of public credit, or other 
 currency equivalent to the said hundred pounds (the rate or 
 value thereof to be stated from time to time by this Asembly,) 
 in two equal payments in October and May annually : this 
 payment to continue during the pleasure of this Assembly.' 
 In full testimony and confirmation of this grant and all the art- 
 icles and matter therein contained, the said Governor and Com- 
 pany do hereby order that this Act shall be signed by the Gov- 
 ernor and Secretary, and sealed with the public seal of this 
 colony, and that the same, or a duplicate or exemplification 
 
 ' This annual grant varied from year to year, according to petitions of the cor- 
 poration. In October, 1746, £,2(>2, los. old tenor, were granted [Ibid., IX, 256) ; 
 in May, 1747, £?iS '4s. 3d. new tenor, for the preceding half year (Ibid., IX, 
 315); in October, 1747, £?if, 14s. 3d. new tenor, for the first half of the current 
 year {^Ibid., IX, 323) ; in May, 1748, ^IQ"] 3s. new tenor (Ibid., IX, 375) ; in 
 October, 1748, £,^o^ 3s. new tenor {Ibid., IX, 386); in October, 1749, £i-i,-^ 
 7$. new tenor, for the preceding half year and the first half of the current year 
 (Ibid., IX, 464) ; in May, 1750, £,l\fi 13s. 6d. new tenor (Ibid., IX, 535-6); 
 in October, 1850, j^il6 13s. 6d. new tenor {Ibid., IX, 550); in May, 175 1, 
 £\lf> 13s. 6d. new tenor (Ibid., X, 7); in October, 1751, £,\l(i 13s. 6d. new 
 tenor (Ibid., X, 48); in May, 1752, £\M, 6s. new tenor {Ibid., X, 77-78); in 
 October, 1752, ;f 114 6s. new tenor {Ibid., X, 134) ; in May, 1753, £\n 5s. gd. 
 new tenor {Ibid.,^., 187); in October, 1753, ;f 50 " lawful money" {Ibid., X, 
 229); in May, 1754, £S° "lawful money" {Ibid.,X, 274); in October, 1754, 
 £y> " lawful money " {Ibid., X, 323.) 
 
154 ED UCA TION IN THE COL ONIES 
 
 thereof, shall be a sufficient warrant to the said president and 
 fellows, to hold, use, and exercise all the powers and privileges 
 therein mentioned and contained.'" 
 
 The above charter was mainly the work of President Clap. 
 His original draft was slightly amended by Colonel Fitch of 
 the Council to whom it had been sent by the trustees " for his 
 perusal and best thoughts upon it." ' In addition to the favor 
 of the legislature in passing this act of incorporation. President 
 Clap received the support of that body in a breach of religious 
 discipline which occured about that time in Yale College. Two 
 students who had been expelled from the College on account 
 of sympathy with the so-called Separatist movement which had 
 been exciting the whole of New England, petitioned the As- 
 sembly for redress from the college authorities. Their peti- 
 tion was rejected by the Old Light majorities of both Houses.' 
 
 In May, 1747, the long standing effort of the trustees to ob- 
 tain a new college hall was finally successful. "Upon the 
 memorial of the President and Fellows of Yale College in New 
 Haven, representing that the present college house is not large 
 enough to entertain one half of the students, and that there is 
 a necessity of a new house of about one hundred and ten feet in 
 length and thirty-eight feet in breadth and three stories high 
 besides the garrets, praying this Assembly to take the matter 
 into their consideration at this time, and grant that money 
 necessary for the building of such an house may be raised in 
 such a manner as under the present circumstances of the gov- 
 ernment may be thought most convenient : Resolved by this 
 
 »/«</., IX, 113-118. 
 
 ' Dexter's Annals, I, 754-5. 
 
 • Ibid., I, 772. Before this occurrence, in May, 1743, the legislature had already 
 supported the ecclesiastical discipline of the College in accepting the report of a 
 committee which had been appointed to consider a reference made by Governor 
 Law to " the unhappy circumstances of the College." This report was favorable 
 to the corporation in its expulsion of one David Brainard from the student body 
 on the charge of censure of the religious state of the College. (Woolsey's Dis- 
 course, App. XI, p. 106-7.) 
 
CONNECTICUT 
 
 155 
 
 Assembly, that there be a public lottery of fifty thousand 
 pounds old tenor concerted and drawn in the usual and proper 
 form of public lotteries, at New Haven in the county of New 
 Haven, and that fifteen per cent, be deducted out of each prize 
 for building of said house and charge of said lottery. And it 
 is further ordered and enacted, that the said affair of the lottery 
 shall [be] forth with proceeded upon, and that Capt. John Hub- 
 bard, Mr. Samuel Mix and Mr. Chauncey Whittelsey, all of New 
 Haven, be the directors and managers thereof And the money 
 which shall be raised by the lottery as aforesaid shall remain 
 in the hands of the aforesaid directors and managers of said 
 affair, to be disposed of in erecting a college as aforesaid, ac- 
 cording to such orders as shall be given by this Assembly from 
 time to time."' About £7Ti sterling were cleared' from this 
 lottery and at the request of the President and Fellows of Yale 
 College the Assembly of October, 1 747, appointed a committee 
 to see that this sum was properly delivered to the officers of 
 the college.' This money was found insufficient for the pur- 
 pose in hand and the corporation petitioned the Assembly for 
 an additional amount. Accordingly in October, 1749, the As- 
 sembly granted £^cxx> in bills of credit, old tenor, " for the 
 carrying on and finishing the building." * 
 
 In October, 1750, a committee of the Assembly who had 
 been " desired to view the College, and to see what repairs 
 were necessary to be made," show " that it is necessary to 
 take down and rebuild the kitchen chimney in part or whole, 
 and to cover the back side, to mend the floors and make new 
 window frames, and to put pillars under the girts, beside some 
 other smaller repairs," etc. Whereupon the Assembly ap- 
 pointed Captain John Hubbard and Mr. Samuel Mix " a com- 
 mittee to make the aforesaid reparations and emendations in 
 
 1 Conn. Col. Rec , IX, 279-280. 
 
 ' Dexter's Annals, II, 140. • Conn. Col. Rec, IX, 325. 
 
 • Ibid., IX, 492-3. This sum amounted to ;^363 sterling, and was the proceeds 
 of a French prize taken by a Connecticut frigate. (Dexter's Annals, II, 227.) 
 
ic6 EDUCATION IN THE COLONIES 
 
 the said college, and to improve such proper persons as they 
 shall see fit for the purpose aforesaid, and to draw their orders 
 on the treasurer of this colony for all such sums as shall be 
 necessarily expended for making such reparations.'" Mr. 
 Hubbard's accounts were approved in May, 1752, and a bal- 
 ance of ;^627 19 s. 2d, old tenor, was paid over to him.' 
 
 In 1751, the new college hall was still unfinished, and so on 
 petition of the corporation the Assembly appoint a committee 
 to inspect the " college house ... so far as it is already car- 
 ried on, and the expenses of it, and to make some estimates of 
 the future charges which shall be necessary, and consider and 
 propose the most proper measures in order to defray them.'" 
 The committee report, " that they have inspected the said col- 
 lege house, and inquired into the expenses already incurred in 
 building said college house, and find that there is now due from 
 said corporation for work already done, the sum of £ij(>^ 17 s 
 3d, in bills of credit, old tenor, over and above the several sums 
 already obtained by the lottery, grants of this Assembly, and 
 donations made by private gentlemen, and that by their estimate 
 there will be needed to complete and furnish said house the 
 sum of ;^6,ooo OS, od, old tenor bills." Whereupon the Assem- 
 bly appoint William Pitkin and Joseph Buckingham, Esqrs. a 
 committee, to receive of the treasurer of the colony bonds 
 from sundry persons in the colony, payable in bills of credit 
 either of the Connecticut or the neighboring governments, to 
 the value oi £'jj6i, 17s 3d, old tenor, and to deliver the same 
 to Thomas Clap, President of Yale College. The Assembly 
 also authorized President Clap " by himself or his substitutes, 
 to ask, sue for, recover and receive, the money due on such 
 bonds, to be by the said president and fellows improved to- 
 wards the finishing said college house."* The building was 
 opened in September, 1752, and at the following Commence- 
 ment it was named Connecticut Hall.' 
 
 1 //Jjo'., IX, 580. 2/^jfl'., X, 97. 'Iiid.,X,46. * /Wa"., X, 46-47. 
 
 ' The translation of the dedication that was pronounced in Latin at the ceremony 
 
CONNECTICUT 1 5 7 
 
 In October, 1754, upon a memorial of President Clap, the 
 Assembly order Colonel Gurdon Saltonstall and Major Jabez 
 Hamlin, the commissaries of the colony, to turn over the bal- 
 ance of their accounts, about the sum of ;£^3,8oo old tenor' to 
 the Rev. Mr. Clap " to be by him improved towards finishing 
 the new college house, called Connecticut Hall," and President 
 Clap is directed " to proceed, as soon as may be consistent 
 with prudence and good discretion" and to lay his accounts 
 before the Assembly " when he hath expended what said sums 
 amount to."' 
 
 In view of the ecclesiastical controversies which were rife 
 in the third and fourth decades of this century, and in which, 
 as we have seen, the students as well as the faculty of Yale 
 College had become engaged, the corporation began to agitate 
 the establishment of a separate chair of divinity in the College, 
 as a means towards orthodoxy. On October 19, 1752, a com- 
 mittee that had been appointed to consider the propriety of 
 governmental co-operation in this plan, recommended that 
 j£"iO,ooo old tenor should be obtained from a sale of colony 
 lands on Housatonic River, and appropriated to the support of a 
 professor of divinity. The Lower House, apparently dis- 
 trustful of the orthodoxy of the College, refused to accept this 
 recommendation.' 
 
 The following year, the question came up again in Assembly. 
 A joint committee of both Houses reported in favor of a dona- 
 tion to a divinity professorship of the income for ten years 
 from ;^i,000 worth of colony lands, and of a general contribu- 
 tion by all the church to that object. The Lower House 
 agreed only to the second of these proposals.* " Whereas one 
 
 reads thus : " Whereas, through the favor of Divine Providence, this new college 
 house has been built by the munificence of the colony of Connecticut, in perpetual 
 commemoration of so great generosity this neat and decent building shall be called 
 "Connecticut Hall." (Kingsley's History, I, 77-8.) 
 
 ' Of this sum £t.f,o sterling were eventually realized. (Dexter's Annals, II, 354.) 
 
 ' Conn. Col. Jiec.,'X., 122. ' Dexter's Annals, II, 303. */*iV., II, 321. 
 
1 5 8 ED UCA TION IN THE COL ONIES 
 
 principal end proposed in erecting and supporting Yale College 
 in New Haven was, to supply the churches of this colony 
 with a learned, pious and orthodox ministry, to which purpose 
 it is requisite that the students of the said college should have 
 the best instructions in divinity and the best patterns of preach- 
 ing set before them : And whereas the settling a learned, pious 
 and orthodox professor of divinity in the said college would 
 greatly tend to promote that good end and design: And 
 whereas the present incomes of the said college are but in part 
 sufficient to support such a professor: This Assembly being 
 desirous to promote and encourage such a good design, do 
 hereby grant and allow of and order a general contribution to 
 be made in all the religious societies in this colony, and recom- 
 mend the same both to ministers and people, and order that 
 the money raised thereby be remitted to the president of said 
 college, to be improved by the corporation towards the sup- 
 port of such a professor."' At this same session, in view of 
 the demands of students of the Episcopal denomination in the 
 College, the trustees put the question to the legislature 
 " whether all the students of College shall be obliged to attend 
 the public worship on the Lord's Day, together in one place, 
 as heretofore." The point was merely referred to a committee ; 
 no answer seems to have been given to the trustees.' 
 
 In May, 1754, the Lower House expressed its disapproval of 
 the ecclesiastical doings in the College by dissenting from the 
 usual semi-annual grant to that institution. Later, however, 
 upon reconsideration, the grant was passed.' But in the 
 spring of the following year, the Lower House persisted in 
 dissenting from the regular appropriation on the pretext of 
 large current expenses on account of the French War.* The 
 
 ' Conn. Col. Rtc, X, 213. 'Dexter's Annals, II, 320. ^ Ibid., II, 322. 
 
 * IHd., II, 337. Mr. Dexter and Mr. Kingsley explain this action on the ground 
 that the " New Lights " in the Assembly had always been inimical to President 
 Clap, and that he had also alienated the " Old Lights," about two-thirds of the 
 Lower House, by the establishment of the college church and the exaction of x 
 declaration of faith from the college officers. 
 
CONNECTICUT 
 
 159 
 
 grant was never renewed. During the remainder of President 
 Clap's administration until his resignation in 1766, much oppo- 
 sition both from within and without the College was shown to 
 his rigid and arbitrary management of that institution. From 
 1758 to 1763 four distinct appeals were made to the legislature, 
 through the fellows, the graduates and the students of the 
 College, to examine into the college church, whose setting 
 up was held to be " an infringement on the order and rights 
 of the regular churches, . . . and a daring affront to 
 legislative power;" and also into the rate of tuition and 
 the system of fines and punishments administered to the 
 student body." The last attack was in the shape of a memorial 
 addressed to the Assembly and signed by nine gentlemen, in 
 which it was urged that the legislature by right of being 
 founder of the College, should send a committee of visitation 
 to rectify existing abuses.' The arguments of this memorial 
 were met so ably by President Clap, that they failed to move 
 the Assembly to action and the independence of the corpora- 
 tion was preserved.' 
 
 In May, 1762, the President and Fellows petitioned the leg- 
 islature for aid in the erection of the College chapel whose 
 foundation had been laid the preceding year. At this time the 
 Lower House refused to grant the petition ; * but upon its re- 
 newal in 1765 the legislature agreed to pay the deficit in the 
 college treasury to the account of the new chapel, — a matter 
 of ;£'327 IIS, 8d, "lawful money.'" In October, 1766, the ap- 
 peal of the corporation for legislative aid is again successful. 
 " On the memorial of the President" and Fellows of Yale Col- 
 lege in New Haven, showing the necessity of sufficient funds 
 to enable them to support the officers needful for the instruc- 
 
 1 Ibid., II, 507, 564-s, 723-4. 2 /^jv., II, 777-8. 
 
 ' Ibid., II, 780-1. * Ibid. , II, 724. 
 
 5 Conn. Col. Rec, XII, 438-9. 
 
 "President Clap resigned in September, 1766, and Rev. Mr. Naphtali Daggett 
 became President, /r« tern. 
 
l60 EDUCATION IN THE COLONIES 
 
 tion, government and well-being of that society ; praying for 
 such aid and assistance as will enable them to support that im- 
 portant interest, so as to answer the true and great ends of its 
 institution ; a committee appointed to take the affairs into con- 
 sideranon, etc., have reported that they find the want of suffici- 
 ent funds complained of is occasioned by the payment of con- 
 siderable sums out of the college treasury towards building 
 the chapel, finishing a house for a professor of divinity and for 
 his support, also by the inability of the tenants, the great de- 
 crease of the number of students, and the withdrawal of the usual 
 annual grant from this Assembly; that they are of opinion 
 that it is necessary the College be furnished with the following 
 officers, supported with the salaries to their offices severally 
 annexed, viz : 
 
 A President, at .^150 per annum. 
 
 A Professor of Divinity, ;^i 13 6s. 8 d. 
 
 A Senior Tutor, £6^) i s. 4d. 
 
 3 Junior Tutors, at £t)j i s. 4d. each, £1^1 4s. 
 
 That the revenues of College are not sufficient therefor, and 
 that there will be wanting to pay off the debts of the College 
 and support it the current year, the sum of £\^<) 12 s. od. 
 which they recommended to be paid to said president and 
 fellows out of the impost duty on rum collected by the naval 
 officers of the ports of New London and New Haven ; and fur- 
 ther, that it be recommended to said president and fellows 
 that their laws be revised and printed in English as well as 
 Latin, and one book of their laws lodged in the Secretary's 
 office; and that the government of said college be as near like 
 parental, and as few pecuniary mulcts as the circumstances 
 thereof will admit ; and that the steward in making up his 
 quarter bills insert the punishment of each scholar with the 
 offence for which the same was imposed, for the parents' infor- 
 mation ; and that in order for the continual support of college 
 their accounts be annually laid before the General Assembly of 
 this colony in the October sessions : Resolved by this As- 
 
CONNECTICUT l6l 
 
 sembly, that the matters and things herein before mentioned to 
 be reported by said committee be accepted and approved, sav- 
 ing that there be but two junior tutors, and that the salary 
 provided for the third, viz. ^'^'j i s. 4d. be deducted out of the 
 said sum of ;£'i59 I2s. od. And the naval officer of the port 
 of New Haven is hereby accordingly ordered to pay to the 
 treasurer of said college the remaining sum, being ;^I02, los, 
 8 d. out of said duty on rum, or so much thereof as he hath 
 money arising thereon in his hands. And in case he, said 
 naval officer, have not sufficient, the naval officer of New Lon- 
 don is ordered to pay the residue thereof to said treasurer, for 
 the use and purposes aforesaid.'" 
 
 In October, 1767, the accounts of the College were presented 
 to the Assembly in accordance with the recommendations of 
 the preceding year. The corporation report that the College 
 is in debt ;^IS9 8s, 6d, " including a balance of ;£'49 8s, 6d, due 
 towards finishing the chapel, and that some repairs of the old 
 college and coloring the windows of the new college and 
 chapel are now necessary, the cost of which is computed at 
 £6}) IIS, 6d." Two hundred and twenty-three pounds out of 
 the duties on rum are accordingly voted by the Assembly to 
 the College.^ 
 
 In October, 1768, the President and Fellows report that the 
 expenses of the College during the past year have exceeded 
 the revenue by £\22 l6s, lod, and " that several things are 
 wanting to put the College in a reputable condition, and some of 
 them necessary, such as finishing the new library and entries 
 of the brick college, a decent fence to the college yard, and 
 more convenient kitchen and dining room." The Assembly 
 therefore grants ;^i82 i6s, lod " to be improved for payment 
 of said debt and finishing the new library."' 
 
 In October, 1769, the corporation report a debt of ;£'226 i is, 
 iid, " which they have no way of discharging"; and the As- 
 
 » Ibid., XII, 513-14. ' IHd., XII, 539-530. ' Ibid., XIII, 103-4. 
 
1 62 EI> UCA riON IN THE COL ONIES 
 
 sembly grants for this purpose ;^83 4s, iid, to be paid out of 
 the impost duties on rum.' 
 
 In October, 1770, the corporation report a debt of ;£^2i6 4s, 
 6d, and the Assembly grant them an equivalent sum to be 
 paid in bills of credit out of the colony treasury." 
 
 In May, 1772, the Assembly grants lottery privileges to cer- 
 tain of the inhabitants of New Haven for the extension of a 
 wharf in their harbor on condition that " the wharfage of such 
 part of said wharf as shall be built with said moneys so to be 
 raised to be taken on all shipping that shall moor at the same 
 according to the rates that shall from time to time be imposed 
 and laid by the proprietors aforesaid be and the same hereby 
 is appropriated to the use of Yale College in said New Haven, 
 after expending such part thereof as shall be necessary in main- 
 taining the same in good and sufficient repair.'" 
 
 In October, 1772, a committee was appointed by the Assem- 
 bly to inspect the state of the College. " Whereas promoting 
 and encouraging literature and useful arts in the collegiate 
 school in this colony is of the greatest public importance, and 
 for that end is become necessary to establish such durable 
 supports as shall best answer the great purposes of founding 
 said school, and to grant them such powers as shall best an- 
 swer the ends designed : Therefore, Col. Jabez Hamblin, Mr. 
 James Hillhouse, Majr. Samuel Holden Parsons, Ebenezer 
 Silliman, Esq., Col. Jabez Fitch and Col. John Williams are 
 appointed to join with such gentlemen as the Upper House 
 shall appoint, to take into consideration the state of education 
 and learning in said school, the government, laws and consti- 
 tution of the same, to look into the several donations at any 
 time made for the support of said school, the revenues arising 
 therefrom, and the state in which they now are, and to consider 
 and devise the most effectual measures to render the institution 
 most extensively useful and the support thereof permanent and 
 
 » Ibid., XIII, 261. » Ibid., XIII, 396. » Ibid., XIII, 622-3. 
 
CONNECTICUT 163 
 
 lasting, and to confer with the president and fellows of said 
 college concerning the same, and to make report to this or 
 some future Assembly." This order was concurred in by the 
 Upper House, who joined the Hon. Matthew Griswold, Roger 
 Sherman and Abraham Davenport, Esqs. to the above com- 
 mittee.' Upon the report of this committee that the College is 
 in debt £\%0 los, gd, the Assembly appropriates that sum to 
 the college treasury.' 
 
 In May, 1774, the Assembly grants the College £\0^ 7 s, 
 6d, in payment of its debt for the year 177'2-7Z' 
 
 1 Ibid., XIV, 36. • Ibid., XIV, 63. » Ibid., XIV, 328. 
 
NEW HAMPSHIRE 
 
 In 1641 those settlements in New Hampshire which had 
 been planted by Mason and Gorges, and by emigrants from 
 Massachusetts and England, passed under the jurisdiction of 
 the Massachusetts Company, and were accounted members of 
 the Massachusetts colony until the year 1679.' In this year 
 New Hampshire became a royal province. In 1685 it was re- 
 united to Massachusetts under Governor Dudley, and with the 
 
 ' During this period New Hampshire towns were naturally subject to the schoo 
 legislation of the Massachusetts government. In 1680 there were only 4 towns in 
 New Hampshire ; Portsmouth, settled by Mason and Gorges colonists, in 1623, 
 counted 1 20 rateable persons and 7 1 voters ; Dover, settled about the same time, 
 by the same company and later by Massachusetts emigrants, counted 61 voters ; 
 Hampton, settled in 1638 by emigrants from England and Massachusetts, 124 rate- 
 ables and 57 voters, and Exeter, settled at the same time by Antinomian exiles 
 from Massachusetts, 66 rateables and 20 voters. (^Provincial Papers, Documents 
 and Records, relating to the Province of New Hampshire, I, 424, 426-8. Edited 
 by Nathaniel Bouton, D. D. Concord, 1867. The History of New Hampshire, 
 pp. 8-9, 37, 38. Jeremy Belknap, A. M. Philadelphia. 1784. 755* Annals of 
 Portsmouth, p. 65. Nathaniel Adams. Portsmouth, 1825.) 
 
 " At a public town meeting held the 5, 2 mo., 58, it is agreed by the selectmen 
 together with the town, that ;^20 per annum shall be yearly raised for the main, 
 tenance of a school-master in the town of Dover, that is to say, for the teaching of 
 all the children within the township of Dover, the said schoolmaster having the 
 privilege of all strangers out of the township aforesaid. The said master also to 
 have to read, write, cast account ... as the parents shall require." (Dover Town 
 Records, given in Provincial Papers of N. H., I, 234, foot note.) 
 
 " The selectmen of this town of Hampton have agreed with John Legal for this 
 present year ensuing, to teach and instruct all the children of or belonging to our 
 town, both male and female (which are capable of learning) to write and read and 
 cast accounts (if it be desired), as diligently and carefully as he is able to teach 
 and instruct them. And so diligently to follow the said employment at all such 
 time and times this year ensuing, as the weather shall be fitting for the youth 
 to come together to one place to be instructed. And also to teach and instruct 
 
 (164) 
 
NE W HAMPSHIRE 
 
 165 
 
 exception of a short period of union with Massachusetts under 
 charter government, the same royal governor presided over 
 both colonies until 1741. Their legislatures however remained 
 distinct. 
 
 In 1693 the New Hampshire legislature passed the first 
 general enactment in the province concerning education. It 
 was " enacted and ordained that for the building and repairing- 
 of meeting houses, ministers' houses, school houses and allow- 
 ing a salary to a schoolmaster in each town within this 
 province, the selectmen, in the respective towns, shall raise 
 money by an equal rate and assessment upon the inhabitants 
 — and every town within this province (Dover only excepted 
 during the war) shall from and after the publication hereof, 
 provide a schoolmaster for the supply of the town, on penalty 
 of ten pounds ; and for neglect thereof, to be paid one-half to 
 their Majesties, and the other half to the poor of the town." ' 
 
 them once in a week, or more, in some orthodox catechism provided for them by 
 their parents or masters. 
 
 And in consideration hereof we have agreed to pay, or cause to be paid, unto 
 the said John Legat the sum of £'2a, in com and cattle and butter, at price cur- 
 rent, as payments are made of such goods in this town, and this to be paid by ui 
 quarterly . . . John Legat entered upon schooling the 21 day of the 3 month, 
 1649." ( Town Records, given in an Historical Address, delivered at Hampton,. 
 New Hampshire, December 25, 1838, by Joseph Dow, A. M. App. Note F. 
 p. 44. Concord, 1839.) 
 
 In 1669 Dover, Exeter and Portsmouth contributed to Harvard College, Dover,. 
 j^32 15s. ; Exeter, £\o, and Portsmouth, £(x> per annum for 7 years. (Quincy's 
 History of Harvard University, I, App. XXIII, 508.) With this gift the inhabi- 
 tants of Portsmouth sent the following address to the General Court : 
 
 " Humbly sheweth that seeing by your means (under God) we enjoy much peace 
 and quietness, and very worthy deeds are done to us by the favorable aspect of the 
 government of this colony upon us, we accept it always and in all places with all 
 thankfulness ; and although we have articled with yourselves for exemption from 
 public charges, yet we never articled with God and our own consciences for ex- 
 emption from gratitude, which to demonstrate while we were studying, the loud 
 groans of the sinking college, in its present low estate, came to our ears, the re- 
 lieving of which we account a good work for the house of our God, and needful 
 for the perpetuating of knowledge, both religious and civil, among us, and our 
 posterity after us, and therefore," etc. (^Rec. of Mass., IV, Pt. II, 433.) 
 
 ' Cited by Nathaniel Bouton in his address on the History of Education in 
 
1 66 Eb UCA TION IN THE COL ONIES 
 
 In 1714, this provision was in part re-enacted in an Act for 
 the maintenance and supply of the ministry. 
 
 [Section III.] "And it is hereby further enacted and ordained, 
 that for building and repairing of meeting-houses, ministers' 
 houses, school-houses, and allowing a salary to a school-master, 
 of each town within this province ; the selectmen in their respect- 
 ive towns shall raise money by an equal rate and assessment 
 upon the inhabitants, in the same manner as in the present act 
 directed for the maintenance of the minister; and every town 
 within this province shall from and after the publication hereof 
 provide a school-master for the supply of the town." ' 
 
 In 17 19 and 1721 more specific legislation on the same 
 subject took place. 
 
 "AN ACT FOR THE SETTLEMENT AND SUPPORT OF GRAMMAR 
 
 SCHOOLS. 
 
 " Be it enacted by his Excellency the Governor, Council, and 
 Representatives, in General Assembly convened, and by the 
 authority of the same: That every town within this province, 
 having the number of fifty householders, or upwards, shall be 
 constantly provided of a school-master to teach children and 
 youth to read and write. And where any town or towns have 
 the number of one hundred families, or householders, there 
 shall also be a grammar school set up and kept in every such 
 town, and some discreet person of good conversation, well- 
 instructed in the tongues, shall be procured to be master 
 thereof; every such school-master to be suitably encouraged 
 and paid by the inhabitants. And the selectmen of such 
 towns respectively are hereby impowered to agree with such 
 school-masters for salary, and to raise money by way of rate 
 
 New Hampshirt, p. 1 1 ; but 1 am unable to find any reference to this law in the 
 published laws of the colony or in the Index to the Laws of New Hampshirt. 
 Manchester. 1886. 
 
 ' Acts and Laws of his Majesty's Province of New Hampshire, p. 58. Ports- 
 mouth. 1761. 
 
NEW HA MPS HI HE 
 
 167 
 
 upon the inhabitants to pay the same. And if any town quali- 
 fied as aforesaid shall neglect the due observance of this act for 
 the procuring and settling of any such school-master, as afore- 
 said, by the space of six months, every such defective town 
 shall incur the penalty of twenty pounds, for every conviction 
 of such neglect, upon complaint made to the court of quarter 
 sessions of the peace; which penalty shall be towards the sup- 
 port of such school or schools within this province, where 
 there may be most need, at the discretion of the aforesaid 
 court, to be levied by warrant from the court in proportion 
 upon the inhabitants of such defective town, which warrant 
 shall be directed to the selectmen of such town, and paid in to 
 the treasurer of this province, for the end aforesaid. And in 
 default of payment thereof within three months from the date 
 of such warrant, then execution to be issued against the said 
 inhabitants. And if any town that may attain to the number 
 above mentioned do suppose themselves uncapable of comply- 
 ing with this act, they shall apply themselves to the court of 
 general sessions of the peace within this province, who are 
 hereby empowered to determine the same.'" 
 
 "an act in addition to the act for the settlement and 
 support of grammar schools. 
 " Whereas the selectmen of sundry towns within this province 
 often neglect to provide grammar schools for their respective 
 towns, whereby their youth lose much of their time, to the 
 great hindrance of their learning; for remedy whereof: Be it 
 enacted by his Excellency the Governor, Council, and Repre- 
 sentatives, in General Assembly convened, and by the author- 
 ity of the same, that not only each town, but each parish 
 within this province consisting of one hundred families, shall 
 be constantly provided with a grammar school ; and the select- 
 men of such towns and parishes respectively are hereby em- 
 powered to agree with such school-masters for salary, and to 
 
 ' Hid., p. 120. 
 
1 68 EDUCATION IN THE COLONIES 
 
 supply such school with sufficient fuel for fire as there shall be 
 occasion, and to raise money by way of rate upon the inhabi- 
 tants, to pay the same. And further, it is enacted by the 
 authority aforesaid, that so often as it happens that any such 
 town or parish, as aforesaid (after publication hereof), is desti- 
 tute of a grammar school for the space of one month, the 
 selectmen of such town or parish shall forfeit the sum of twenty 
 pounds^ for every such neglect, to be paid out of their own 
 estates, and to be applied towards the defraying the charges 
 of the province."'^ 
 
 Between 1680 and 1775 over 100 towns ^ were incorporated 
 in New Hampshire, and Nathaniel Bouton, who discoursed in 
 1833 to the New Hampshire Historical Society on the history 
 of education in New Hampshire, says that he had concluded 
 after an extended examination of the records of these towns, 
 that one lot was invariably reserved for a school in all the 
 grants of the Masonian proprietors, of Massachusetts and of 
 
 'In 1771 this fine, together with the similar fine on towns failing to keep 
 schools, which was provided for in the foregoing act, was reduced to £,\o in view 
 of the appreciation which had taken place in the provincial currency. {Acts and 
 Laws, p. 260. Portsmouth, 177 1.) 
 
 ' Ibid., p. 121. 
 
 ^ In a large number of these towns there were less than 50 inhabitants, and edu- 
 cation was neglected. (Bouton's History of Education, pp. 13-14.) Belknap 
 writes of the administration of the school law : 
 
 " Formerly when there were but few towns, much better care was taken to ob- 
 serve the law concerning schools than after the settlements were mutiplied ; but 
 there never was uniform attention paid to this important matter in all places. 
 Some towns were distinguished for their carefulness, and others for their negli- 
 gence. When the leading men in a town were themselves persons of knowledge 
 and wisdom, they would provide the means of instruction for children ; but where 
 the case was otherwise, methods were found to evade the law. The usual way 
 of doing this was to engage some person to keep a school for a few weeks before 
 the court term, and discontinue it soon after." (^History of New Hampshire, Wl, 
 288-9.) 
 
 The school records of some of these towns, Chester, Charlestown, Canterbury, 
 Concord, Keene, etc., given in the collections of the New Hampshire Historical 
 Society, bear out the above statements. 
 
NE W HAMPSHIRE I gg 
 
 Governor John Wentworth 2nd ; bnt that in those charters 
 issued to most of the Vermont towns and to Holderness, 
 Chesterfield, Westmoreland, Walpole, Keene, Charlestown and 
 Westminster, by Governor Benning Wentworth, there is no 
 mention of this school grant.^ 
 
 In 1758 a convention of Congregational ministers met at 
 Somersworth, New Hampshire, and having taken " into con- 
 sideration the great advantages which may arise to Church 
 and State from the erecting an academy or college," unani- 
 mously voted to petition Governor Benning Wentworth for a 
 charter for that purpose. Their aims were thus definitely 
 stated. " We . . . beg leave to present a request to your 
 Excellency in behalf of literature, which proceeds not from 
 any private or party views in us, but our desire to serve the 
 government and religion by laying a foundation for the best 
 instruction of youth. We doubt not your Excellency is 
 sensible of the great advantages of learning, and the diffi- 
 culties which attend the education of youth in this province, 
 by reason of our distance from any of the seats of learning, 
 the discredit of our medium, etc. We have reason to hope 
 that by an interest among our people, and some favor with 
 the government, we may be able in a little time to raise a 
 sufficient fund for erecting and carrying on an academy or col- 
 lege within this province." " . . . The following year, the com- 
 mittee to whom the petition had been entrusted, reported that 
 the Governor had manifested some unwillingness to grant a 
 charter agreeable to the convention, but that they hoped that 
 maturer consideration on his part and the advice of his Council 
 would lead him to a change of view.' 
 
 In 1762 this society of ministers, abandoning their own pro- 
 ject, endorsed that of Dr. Eleazer Wheelock for the education 
 
 '^History of Education in New Hampshire, p. 15. 
 
 ^ The History of Dartmouth College, p. 16. Baxter Perry Smith. Boston, 
 1878. 
 ^ Ibid., p. 17. 
 
170 
 
 EDUCATION IN THE COLONIES 
 
 of Indian youth. In 1754 Dr. Wheelock had started an In- 
 dian school at Lebanon, Connecticut. The money that was 
 collected for this school in England was put into the hands of 
 a board of trustees, whose president was the Earl of Dart- 
 mouth. In 1761 the Massachusetts legislature granted aid to 
 this school, and the next year the legislature of New Hamp- 
 shire followed its example. On June 17, 1762, it was voted 
 that the Hon. Henry Sherburne and Mishech Weare, Esquiresi 
 Peter Oilman, Clement March, Esq., Capt. Thomas W. Wal- 
 dron and Capt. John Wentworth, be a committee to consider 
 of the subject matter of Rev. Mr. Eleazar Wheelock's memor- 
 ial for aid of his school. On the favorable report of this com- 
 mittee the legislature made a grant to the school of fifty pounds 
 per annum for five years. This grant was not continued be- 
 yond the first or second year.' 
 
 The developement of the Indian school necessitated the 
 choice of a site for buildings. Dr. Wheelock writes in 1763 
 that among other offers Governor Wentworth had offered a 
 tract of land in the western part of the province of New Hamp- 
 shire for the use of the school.' Five years later Wheelock's 
 agent reported that the Governor ' " appeared very friendly to 
 the design — promised to grant a township, six miles square, 
 to the use of the school, provided it should be fixed in that 
 province, and that he would use his influence that his Majesty 
 should give the quit-rents to the school, to be free from charge 
 of fees except for surveying." * After two unsuccessful appli- 
 cations to the Connecticut legislature for an act of incorpora- 
 tion, a royal charter was obtained in 1769 through Governor 
 Wentworth, and the following year the school, now formally 
 called Dartmouth College, was established at Hanover,* New 
 Hampshire. 
 
 ^ Ibid., p. 22. ^ Ibid., p. 29. 
 
 » John Wentworth, who succeeded his uncle, Benning Wentworth, in 1763. 
 
 ' Ibid., pp. 35-6. 
 
 'A list of proposed donations which determined the location of Dartmonth 
 
NE W HAMPSHIRE 
 
 171 
 
 CHARTER OF DARTMOUTH COLLEGE. 
 
 George the third by the grace of God, of Great Britain, France 
 
 and Ireland, King, defender of the faith, etc. 
 
 To all to whom these presents shall come, greeting : Whereas 
 it hath been represented to our trusty and well beloved John 
 Wentworth Esq., Governor and Commander-in-chief, in and 
 over our Province of New Hampshire, in New England in 
 America, that the Rev. Eleazar Wheelock of Lebanon, in the 
 colony of Connecticut, in New England aforesaid, now Doctor 
 in Divinity, did, on or about the year of our Lord, one thous- 
 and seven hundred and fifty-four, at his own expense, on his 
 own estate and plantation, set on foot an Indian Charity 
 School, and for several years through the assistance of well 
 disposed persons in America, clothed, maintained and educated 
 a number of the children of the Indian natives, with a view to 
 their carrying the gospel in their own language, and spreading 
 the knowledge of the great Redeemer among their savage 
 tribes, and hath actually employed a number of them as mis- 
 sionaries and schoolmasters in the wilderness for that purpose, 
 and by the blessing of God upon the endeavors of said 
 Wheelock, the design became reputable among the Indians, 
 insomuch that a larger number desired the education of their 
 children in said school, and were also disposed to receive mis- 
 sionaries and schoolmasters in the wilderness, more than could 
 be supported by the charitable contributions in these American 
 colonies. Whereupon the said Eleazar Wheelock thought it 
 expedient that endeavor should be used to raise contributions 
 from well disposed persons in England, for the carrying on and 
 
 College at Hanover, is given in an appendix in Smith's History, pp. 442-4. 
 Heading the list are : 
 
 " The King's most gracious Majesty, by advice of his Excellency, John Went- 
 worth, Esq., his Majesty's Governor of the Province of New Hampshire, and of 
 his Council, a charter of the township of Landaff, about 24,000 acres. 
 
 Honorable Benning Wentworth, Esq., late Governor of New Hampshire, 500 
 acres, on which the college is fixed in Hanover." The King gave ;£'20O of the 
 jC9A94 7s- T/4^- which was raised for the school in England, {/bid., p. 409.) 
 
172 ED UCA TION IN THE COL ONIES 
 
 extending said undertaking, and for that purpose said Eleazar 
 Weeelock requested the Rev. Nathaniel Whitaker, now Doctor 
 in Divinity, to go over to England for that purpose, and sent 
 over with him the Rev. Sampson Occom, an Indian minister, 
 who had been educated by the said Wheelock. And to enable 
 the said Whitaker, to the more successful performance of said 
 work on which he was sent, said Wheelock gave him a full 
 power of attorney, by which said Whitaker solicited those 
 worthy, and generous contributors to the charity, viz. the right 
 Hon. Wm. Earl of Dartmouth, the Hon. Sir Sidney Stafford 
 Smythe, Knight, one of the barons of his Majesty's court of 
 Exchequer, John Thornton, of Clapham, in the county of Sur- 
 rey, Esq., Sam Roffey, of Lincoln's Innfields, in the county of 
 Middlesex, Esq. Charles Hardey, of the parish of St. Mary-le- 
 bonne, in said county, Esq. Daniel West, of Christ's Church, 
 Spitalfields, in the county aforesaid, Esq., Samuel Savage, of the 
 same place, gentleman ; Josiah Robarts, of the parish of St. 
 Edmund the King, Lombard Street, London, gentleman, and 
 Robert Keen, of the parish of St. Botolph, Aldgate, London, 
 gentleman; to receive the several sums of money which should 
 be contributed, and to be trustees to the contributors to such 
 charity ; which they cheerfully agreed to. Whereupon, 
 the said Whitaker did, by virtue of said power of attor- 
 ney, constitute and appoint the Earl of Dartmouth, Sir 
 Sidney Stafford Smythe, John Thornton, Samuel Roffey, 
 Charles Hardy, and Daniel West, Esqs., and Samuel Savage, 
 Josiah Robarts, and Robert Keen, gentleman, to be trustees of 
 the money which had then been contributed, and which should 
 by his means be contributed for said purpose ; which trust 
 they have accepted, as by their engrossed declaration of the 
 same under their hands and seals, well executed fully appears, 
 and the same hath also been ratified by a deed of trust, well 
 executed by said Wheelock. And the said Wheelock further 
 represents, that he has, by the power of attorney, for many 
 weighty reasons, given full power to the said trustees, to fix 
 
NE W HAMPSHIRE 
 
 173 
 
 upon and determine the place for said school, most subservient 
 to the great end in view. And to enable them understand- 
 ingly to give the preference, the said Wheelock has laid 
 before the said trustees the several offers which have been 
 generously made in the several governments in America to 
 encourage and invite the settlement of said school among 
 them for their own private emolument, and for the increase of 
 learning in their respective places, as well as for the further- 
 ance of the general design in view. And whereas a large 
 number of the proprietors of lands in the western part of this 
 our Province of New Hampshire, animated and excited thereto 
 by the generous example of his Excellency their Governor, 
 and by the liberal contributions of many noblemen and gen- 
 tlemen in England, and especially by the consideration that 
 such a situation would be as convenient as any for carry- 
 ing on the great design among the Indians ; and also con- 
 sidering that without the least impediment to the said design, 
 the same school may be enlarged and improved to promote 
 learning among the English, and be a means to supply a 
 great number of churches and congregations which are likely 
 soon to be formed in that new country, with a learned and 
 orthodox ministry, they the said proprietors have promised 
 large tracts of land for the uses aforesaid, provided the school 
 shall be settled in the western part of our said Province. 
 And they the said right Hon., Hon. and worthy trustees 
 beforementioned, having maturely considered the reasons 
 and arguments in favor of the several places proposed, have 
 given the preference to the western part of our said Province, 
 lying on Connecticut River, as a situation most convenient for 
 said school. And the said Wheelock has further represented 
 a necessity of a legal incorporation, in order to the safety and 
 well-being of said seminary, and its being capable of the tenure 
 and disposal of lands and bequests for the use of the same. 
 And the said Wheelock has also represented, that for many 
 weighty reasons, it will be expedient, at least in the infancy of 
 
174 
 
 EDUCATION IN THE COLONIES 
 
 said institution, or till it can be accommodated in that new 
 country, and he and his friends be able to remove and settle by 
 and round about it, that the gentlemen whom he has already 
 nominated in his last will (which he has transmitted to the 
 aforesaid gentlemen of the trust in England) to be trustees in 
 America, should be of the corporation now proposed. And 
 also as there are already large collections for said school in the 
 hands of the aforesaid gentlemen of the trust in England, and 
 all reason to believe from their signal wisdom, piety and zeal, to 
 promote the Redeemer's cause (which has already procured for 
 them the utmost confidence of the kingdom) we may expect 
 they will appoint successors in time to come, who will be men 
 of the same spirit, whereby great good may and will accrue 
 many ways to the institution, and much be done by their ex- 
 ample and influence to encourage and facilitate the whole de- 
 sign in view; for which reasons said Wheelock desires that the 
 trustees aforesaid, may be vested with all that power therein 
 which can consist with their distance from the same. Know 
 ye therefore that we, considering the premises and being will- 
 ing to encourage the laudable design of spreading Christian 
 knowledge among the savages of our American wilderness. 
 And also that the best means of education be established in our 
 province of New Hampshire, for the benefit of the said prov- 
 ince, do, of our special grace, certain knowledge and mere 
 motion, by and with the advice of our council for said province, 
 by these presents will, ordain, grant and constitute that there 
 be a college erected in our said province of New Hampshire, 
 by the name of Dartmouth College, for the education and in- 
 struction of youths of the Indian tribes in this land, in reading, 
 writing, and all parts of learning, which shall appear necessary 
 and expedient, for civilizing and christianizing the children 
 of pagans, as well as in all liberal arts and sciences, and also 
 of English youths, and any others. And the trustees of said 
 college may, and shall be, one body corporate and politic in 
 deed, action and name, and shall be called, named, and di.stin- 
 
NEW HAMPSHIRE 
 
 175 
 
 guished by the name of the trustees of Dartmouth College. 
 And further, we have willed, given, granted, constituted and 
 ordained, and by this our present charter, of our special grace, 
 certain knowledge and mere motion, with the advice aforesaid, 
 do for us, our heirs and successors forever, will, give, grant, 
 constitute, and ordain, that there shall from henceforth and for- 
 ever, be in the said Dartmouth College a body politic, consist- 
 ing of trustees of Dartmouth College. And for the more full 
 and perfect erection of said corporation and body politic, con- 
 sisting of trustees of Dartmouth College, we, of our special 
 grace, certain knowledge and mere motion, do, by these pres- 
 ents, for us, our heirs and successors, make, ordain, constitute 
 and appoint, our trusty and well-beloved John Wentworth, Esq., 
 governor of our said province, and the governor of our said 
 province of New Hampshire, for the time being, and our trusty 
 and well-beloved Theodore Atkinson, Esq., now president of 
 our council of our said province, George Jaffrey and Daniel 
 Pierce, Esqs., both of our said council, and Peter Oilman, Esq., 
 now speaker of our House of Representatives in said province, 
 and Wm. Pitkin, Esq., one of the Assistants of our colony of 
 Connecticut, and our trusty and well-beloved Eleazar Wheelock, 
 of Lebanon, Doctor in Divinity, Benjamin Pomeroy, of Hebron, 
 James Lockwood, of Weathersfield, Timothy Pitkin and John 
 Smalley, of Farmington, and Wm. Patten of Hartford, all of our 
 said colony of Connecticut, ministers of the gospel (the whole 
 number of said trustees consisting, and hereafter forever to 
 consist, of twelve and no more) to be trustees of said Dart- 
 mouth College, in this our province of New Hampshire. And 
 we do further, of our special grace, certain knowledge and 
 mere motion, for us, our heirs and successors, will, give, grant 
 and appoint that the said trustees and their successors shall, 
 forever hereafter, be in deed, act and name, a body corporate 
 and politic, and that they, the said body corporate and politic, 
 shall be known and distinguished in all deeds, grants, bargains, 
 sales, writings, evidences or otherwise however, and in all 
 
1^6 EDUCATION IM THE COLONIES 
 
 courts forever hereafter plead and be impleaded by the name 
 of the trustees of Dartmouth College. And that the said 
 corporation by the name aforesaid, shall be able and in law 
 capable for the use of said Dartmouth College, to have, get, 
 acquire, purchase, receive, hold, possess and enjoy, tenements, 
 hereditaments, jurisdictions and franchises for themselves and 
 their successors, in fee simple or otherwise however, and to 
 purchase, receive, or build any house or houses, or any other 
 buildings, as they shall think needful and convenient for the 
 use of said Dartmouth College, and in such town in the west- 
 ern part of our said province of New Hampshire, as shall, by said 
 trustees, or the major part of them be agreed upon, their said 
 agreement to be evidenced, by an instrument in writing under 
 their hands ascertaining the same. And also to receive and 
 dispose of any lands, goods, chattels and other things of what 
 nature soever, for the use aforesaid. And also to have, accept 
 and receive any rents, profits, annuities, gifts, legacies, dona- 
 tions or bequests of any kind whatsoever for the use aforesaid: 
 so nevertheless, that the yearly value of the premises do not 
 exceed the sum of six thousand pounds sterling. And there- 
 with or otherwise to support and pay, as the said trustees, or 
 the major part of such of them as are regularly convened for 
 that purpose, shall agree ; the president, tutors, and other offi- 
 cers and ministers of said Dartmouth College, and also to pay 
 all such missionaries and schoolmasters as shall be authorized, 
 appointed and employed by them for civilizing, christianizing, 
 and instructing the Indian natives of this land, their several 
 allowances, and also their respective annual salaries or allow- 
 ances, and also such necessary and contingent charges, as 
 from time to time shall arise and accrue, relating to said Dart- 
 mouth College. And also to bargain, sell, let or assign lands, 
 tenements, hereditaments, goods or chattels, and all other 
 things whatsoever, by the name aforesaid, in as full and ample 
 a manner, to all intents and purposes as a natural person or 
 other body corporate or politic, is able to do by the laws of 
 
NE W HAMPSHIRE I jj 
 
 our realm of Great Britain, or of said province of New Hamp- 
 shire. And further, of our special grace, certain knowledge 
 and mere motion, to the intent that our said corporation and 
 body politic may answer the end of their erection and consti- 
 tution, and may have perpetual succession and continuance 
 forever, we do for us, our heirs and successors, will, give and 
 grant unto the said trustees of Dartmouth College, and to 
 their successors forever, that there shall be once a year, and 
 every year, a meeting of said trustees, held at said Dartmouth 
 College, at such time as by said trustees, or the major part of 
 them, at any legal meeting of said trustees shall be agreed on. 
 The first meeting to be called by the said Eleazar Wheelock, 
 as soon as conveniently may be, within one year next after the 
 enrollment of these our letters patent, at such time and place 
 as he shall judge proper. And the said trustees, or the major 
 part of any seven or more of them, shall then determine on 
 the time for holding the annual meeting aforesaid, which may 
 be altered as they shall hereafter find most convenient. And 
 we do further ordain and direct, that the said Eleazar Wheelock 
 shall notify the time for holding the first meeting to be 
 called as aforesaid, by sending a letter to each of said trus- 
 tees, and causing an advertisement thereof to be printed in the 
 " New Hampshire Gazette," and in some public newspaper 
 printed in the colony of Connecticut. But in case of the death 
 or incapacity of said Wheelock, then such meeting to be noti- 
 fied in manner as aforesaid, by the Governor or Commander in 
 chief of our said Province for the time being. And we also, 
 for us, our heirs and successors, hereby will, give and grant 
 unto the said trustees of Dartmouth College aforesaid, and to 
 their successors forever, that when any seven or more of the 
 said trustees or their successors are convened and met together 
 for the service of said Dartmouth College, at any time or times, 
 such seven or more shall be capable to act as fully and amply 
 to all intents and purposes, as if all the trustees of said college 
 were personally present ; and all affairs and actions whatsoever. 
 
178 EDUCATION IN THE COLONIES 
 
 under the care of said trustrees, shall be determined by the 
 majority or greater number of those seven or more trustees, so 
 convened and met together. And we do further will, ordain 
 and direct, that the president, trustees, professors, and tutors, 
 and all such officers, as shall be appointed for the public instruc- 
 tion and government of said college, shall, before they under- 
 take the execution of their respective offices or trusts, or within 
 one year after, take the oaths and subscribe the declaration, 
 provided by an act of Parliament, made in the first year of King 
 George the first, entitled, " An Act for the further security of 
 his Majesty's person and government, and the succession of the 
 crown in the heirs of the late Princess Sophia being Protestants, 
 and for the extinguishing the hopes of the pretended Prince 
 of Wales, and his open and secret abettors," that is to say, the 
 president before the Governor of our said Province for the time 
 being, or by one empowered by him to that service, or by the 
 president of our council, and the trustees, professors, tutors 
 and other officers, before the president of said college, for the 
 time being, who is hereby empowered to administer the same ; 
 an entry of all which shall be made in the records of the said 
 college. And we do for us, our heirs and successors, hereby 
 will, give, and grant full power and authority to the president, 
 hereafter by us named, and to his successors, or in case of his 
 failure, to any three or more of said trustees, to appoint other 
 occasional meetings, from time to time, of the said seven trus- 
 tees, or any greater number of them, to transact any matter or 
 thing necessary to be done, before the next annual meeting, 
 and to order notice to the said seven or any greater number of 
 them, of the times and places of meetings for the services afore- 
 said, by a letter under his or their hands of the same, one 
 month before said meeting. Provided always, that no standing 
 rule or order be made or altered, for the regulation of said 
 college, or any president or professor be chosen or displaced, 
 or any other matter or thing transacted or done, which shall 
 continue in force after the then next annual meeting of said 
 
NEW HAMPSHIRE 
 
 179 
 
 trustees as aforesaid. And further, we do by these pre- 
 sents, for us, our heirs and successors, create, make, con- 
 stitute, nominate and appoint our trusty and well beloved 
 Eleazar Wheelock, Doctor in Divinity, the founder of said col- 
 lege, to be president of said Dartmouth College, and to have 
 the immediate care of the education and government of such 
 students, as shall be admitted into said Dartmouth College, for 
 instruction and education ; and do will, give and grant to him 
 in said office, full power, authority and right, to nominate, ap- 
 point, constitute and ordain by his last will, such suitable and 
 meet person or persons as he shall choose, to succeed him in 
 the presidency of said Dartmouth College; and the person so 
 appointed by his last will, to continue in office, vested with all 
 the powers, privileges, jurisdiction and authority of a president 
 of said Dartmouth College, that is to say, so long as until such 
 appointment, by said last will, shall be disapproved by the 
 trustees of said Dartmouth College. And we do also for us, 
 our heirs and snccessors, will, give and grant to the said trus- 
 tees of Dartmouth College, and to their successors forever, or 
 any seven or more of them, convened as aforesaid, that in case 
 of the ceasing or failure of a president, by any means whatso- 
 ever, that the said trustees do elect, nominate and appoint such 
 qualified person, as they, or the major part of any seven or 
 more of them, convened for that purpose, as above directed, 
 shall think fit, to be president of said Dartmouth College, and 
 to have the care of the education and government of the stu- 
 dents as aforesaid. And in case of the ceasing of a president as 
 aforesaid, the senior professor or tutor, being one of the trus- 
 tees, shall exercise the office of a president, until the trus- 
 tees shall make choice of, and appoint a president as afore- 
 said ; and such professor or tutor, or any three or more 
 of the trustees, shall immediately appoint a meeting of 
 the body of the trustees for the purpose aforesaid. And 
 also, we do will, give and grant to the said trustees, convened 
 as aforesaid, that they elect, nominate and appoint, so many 
 
l8o EDUCATION IN THE COLONIES 
 
 tutors and professors, to assist the president in the educa- 
 tion and government of the students belonging thereto as they 
 the said trustees shall, from time to time, and at any time think 
 needful and serviceable to the interests of the said Dartmouth 
 College. And also that the said trustees, or their successors, 
 or the major part of any seven or more of them, convened for 
 that purpose as above directed, shall at any time displace and 
 discharge from the service of said Dartmouth College, any or 
 all such officers, and elect others in their room and stead as 
 before directed. And also that the said trustees or their succes- 
 sors, or the major part of any seven of them which shall 
 convene for that purpose as above directed, do from time to 
 time as occasion shall require, elect, constitute and appoint a 
 treasurer, a clerk, an usher and a steward, for the said Dart- 
 mouth College, and appoint to them, and each of them, their 
 respective businesses and trust ; and displace and discharge 
 from the service of said college, such treasurer, clerk, usher 
 or steward, and elect others in their room and stead; which 
 officers so elected as before directed, we do for us, our heirs 
 and successors, by these presents constitute and establish in 
 their respective offices, and do give to each and every, of them, 
 full power and authority, to exercise the same in said Dart- 
 mouth College, according to the directions and during the 
 pleasure of the said trustees, as fully and freely as any like 
 officers in arfy of our universities, colleges, or seminaries of 
 learning, in our realm of Great Britain, lawfully may or ought 
 to do. And also, that the said trustees or their successors, or 
 the major part of any seven or more of them, which shall con- 
 vene for that purpose, as is above directed, as often as one or 
 more of said trustees shall die, or by removal or otherwise 
 shall, according to their judgment become unfit or incapable 
 to serve the interests of said college, do, as soon as may be, 
 after the death, removal, or such unfitness or incapacity of 
 such trustee or trustees, elect and appoint such trustee or trus- 
 tees as shall supply the place of him or them so dying, or be- 
 
NE W HAMPSHIRE I g i 
 
 coming incapable to serve the interests of said college ; and 
 every trustee so elected and appointed, shall, by virtue of these 
 presents, and such election and appointment, be vested with 
 all the powers and privileges which any of the other trustees 
 of said college are hereby vested with. And we do further 
 will, ordain and direct, that from and after the expiration of 
 two years from the enrollment of these presents, such vacancy 
 or vacancies shall be filled up unto the complete number of 
 twelve trustees, eight of the aforesaid whole number of the 
 body of the trustees shall be resident and respectable freehold- 
 ers of our said Province of New Hampshire, and seven of said 
 whole number shall be laymen. And we do further of our 
 special grace, certain knowledge and mere motion, will, give 
 and grant unto the said trustees of Dartmouth College that 
 they and their successors, or the major part of any seven of 
 them which shall convene for that purpose as above directed, 
 may make, and they are hereby fully empowered from time tO' 
 time fully and lawfully to make and establish such ordinances,, 
 orders and laws, as may tend to the good and wholesome 
 government of the said college, and all the students and the 
 several officers and ministers thereof, and to the public benefit 
 of the same, not repugnant to the laws and statutes of our 
 realm of Great Britain or of this our province of New Hamp- 
 shire (and not excluding any person of any religious denom- 
 ination whatsoever from free and equal liberty and advantage 
 of education, or from any of the liberties and privileges or im- 
 munities of the said college on account of his or their specu- 
 lative sentiments in religion, and of his or their being of a 
 religious profession different from the said trustees of the said 
 Dartmouth College), and such ordinances, orders and laws 
 which shall as aforesaid be made, we do by these presents, for 
 us, our heirs and successors, ratify, allow of and confirm, as 
 good and effectual to oblige and bind all the students and the 
 several officers and ministers of said college. And we do- 
 hereby authorize and empower the said trustees of Dartmouth 
 
1 82 EDUCATION IN THE COLONIES 
 
 College, and the president, tutors and professors by them 
 elected and appointed as aforesaid, to put such ordinances, 
 laws and orders into execution to all intents and purposes. 
 And we do further of our special grace, certain knowledge and 
 mere motion, will, give and grant unto the said trustees, of said 
 Dartmouth College, for the encouragement of learning and 
 animating the students of said college to diligence and indus- 
 try, and a laudable progress in literature, that they and their 
 successors, or the major part of any seven or more of them 
 convened for that purpose as above mentioned, do by the 
 president of said college for the time being, or any other de- 
 puted by them, give and grant any such degree or degrees to 
 any of the students of the said college, or any others by them 
 thought worthy thereof, as are usually granted in either of the 
 universities or any other college in our realm of Great Britain ; 
 and that they sign and seal diplomas or certificates of such 
 graduations to be kept by the graduates as perpetual memor- 
 ials and testimonies thereof. And we do further of our special 
 grace, certain knowledge and mere motion, for us, our heirs 
 and successors, by these presents give and grant unto the 
 trustees of said Dartmouth College and to their successors, 
 that they and their successors shall have a common seal under 
 which they may pass all diplomas or certificates of degrees, 
 and all other affairs of business of and concerning the said 
 college, which shall be engraven in such form and with such 
 an inscription as shall be devised by the said trustees for the 
 time being, or by the major part of any seven or more of them 
 convened for the service of said college as is above directed. 
 And we do further for us, our heirs and successors, give and 
 grant unto the trustees of said Dartmouth College and their 
 successors, or the major part of any seven or more of them con- 
 vened for the service of said college, full power and authority 
 from time to time to nominate and appoint all other officers 
 and ministers which they shall think convenient and necessary 
 for the service of the said college not herein particularly named 
 
NE W HAMPSHIR E 
 
 183 
 
 or mentioned; which officers and ministers we do hereby im- 
 power to execute their offices and trusts as fully and freely as 
 any one of the officers and ministers in our universities or col- 
 leges in our realm of Great Britain lawfully may or ought to do. 
 And further, that the generous contributors to the support of 
 this design of spreading the knowledge of the only true God 
 and Saviour among the American savages, may from time to 
 time be satisfied that their liberations are faithfully disposed of 
 in the best manner for that purpose, and that others may in 
 future time be encouraged in the exercise of the like liberality 
 for promoting the same pious design ; it shall be the duty of 
 the President of said Dartmouth College and of his successors, 
 annually or as often as he shall be thereunto desired or 
 requested, to transmit to the Right Hon., hon. and worthy gen- 
 tlemen of the trust of England before mentioned, a faithful 
 account of the improvements and disbursements of the several 
 sums he shall receive from the donations and bequests made 
 in England through the hands of the said trustees, and also 
 advise them of the general plans laid and prospects exhibited, 
 as well as a faithful account of all remarkable occurrences, in 
 order if they shall think expedient that they may be published. 
 And this to continue so long as they shall perpetuate their board 
 of trust, and there shall be any of the Indian natives remaining 
 to be proper objects of that charity. And lastly, our express 
 will and pleasure is, and we do by these presents for us our 
 heirs and successors, give and grant unto the said trustees of 
 Dartmouth College and to their successors forever, that these 
 our letters patent or the enrolment thereof in the Secretary's 
 office of our province of New Hampshire aforesaid, shall be 
 good and effectual in law to all intents and purposes against 
 us our heirs and successors, without any other license, grant or 
 confirmation from us our heirs and successors hereafter by the 
 said trustees to be had and obtained, notwithstanding the not 
 writing or misrecital, not naming or misnaming the aforesaid 
 offices, franchises, privileges, immunities, or other the premises 
 
I §4 EDUCATION IN THE COLOMES 
 
 or any of them, and notwithstanding a writ of ad quod damnum 
 hath not issued forth to enquire of the premises or any of them 
 before the ensealing hereof, any statute, act, ordinance or 
 proviso, or any other matter or thing to the contrary notwith- 
 standing. To have and to hold, all and singular the privileges, 
 advantages, liberties, immunities, and all other the premises 
 herein and hereby granted and given, or which are meant, 
 mentioned, or intended to be herein and hereby given and 
 granted unto them the said trustees of Dartmouth College and 
 to their successors forever. In testimony whereof we have 
 caused these our letters to be made patent, and the public seal 
 of our said province of New Hampshire to be hereunto 
 affixed. Witness our trusty and well-beloved John Went- 
 worth, Esq., Governor and Commander-in-Chief in and over 
 our said province, etc., this thirteenth day of December, in the 
 tenth year of our reign, and in the year of our Lord one 
 thousand seven hundred and sixty-nine. 
 
 J. Wentworth. 
 
 By his Excellency's command 
 
 with the advice of Council. 
 
 Theodore Atkinson, Secretary.'" 
 
 On April 13, 177 1, an Act was passed by the New Hamp- 
 shire legislature for establishing and making passable a road 
 from the Governor's house in Wolfborough to Dartmouth Col- 
 lege in Hanover. Its preamble reads: " Whereas the opening 
 and making of roads through the various parts of the province, 
 is of great public utility ; and the making of a road to Dart- 
 mouth College will greatly promote the design of that valuable 
 institution ; be it therefore enacted, etc." * 
 
 'Given in Smitii's History of Dartmouth College, pp. 457-464. 
 '^ Acts and Laws, 'p. 266. Portsmouth, 177 1. 
 
RHODE ISLAND 
 
 The educational records of the central government of Rhode 
 Island are extremely scant. They consist of the usual provision 
 for the military exemption of schoolmasters, of an act of incor- 
 poration for a denominational college and a grant of lottery 
 privileges for the establishment of a town school. 
 
 In a revision of the militia laws which was made at a session 
 of the Assembly held at Newport in 171 8, all schoolmasters 
 were stated to be among those persons who were exempted 
 from bearing arms in the " train- bands or companies" of the 
 colony.^ 
 
 In July, 1763, a number of gentlemen of the Baptist persua- 
 sion were called to meet together at the house of Deputy Gover- 
 nor Gardner in Newport to consult about the establishment of 
 a Baptist College in Rhode Island. This meeting was brought 
 about through the efforts of James Manning, a representative 
 of the Philadelphia Baptist Association.' The Association de- 
 signed that the Baptists should have the chief government of 
 the projected institution, but that other denominations should 
 also be represented in the corporation. A draft of a charter 
 drawn up by Dr. Stiles' of the Congregational church of Newport 
 and a petition* signed by 62 prominent citizens were presented 
 
 ' Acts and Laws of his Majesty's Colony of Rhode Island and Providence 
 Plantations in America, p. 86. Boston, 17 19. 
 
 ^History of Brown University, vith illustrative documents, p. 120. Reuben 
 A. Guild. Providence, 1867. 
 
 'President of Yale College in 1778. 
 
 ' The preamble of this petition vvith the exception of one clause was incorpor- 
 ated in the final draft of the charter. The omitted clause read " and whereas 
 there is a confessed absence of polite and useful learning in this colony, your pe- 
 titioners," etc. Uiid., p. 122.) 
 
 (»8S) 
 
J 86 EDUCATION IN THE COLONIES 
 
 to the legislature at its August session in 1763. On a motion 
 of Mr. Jenckes, member from Providence and a Baptist, the 
 consideration of this charter was postponed to the next session 
 of the legislature on the ground that the draft that had been 
 presented gave more power to the Congregationalists than to 
 the Baptists. In October, 1763, a second draft was presented, 
 but on account of sectarian bickerings and quarrels in the As- 
 sembly, the incorporation was again deferred.' Finally in Feb- 
 ruary, 1764, the following act of incorporation was passed by the 
 legislature: "Whereas institutions for liberal education are 
 highly beneficial to society, by forming the rising generation to 
 virtue, knowledge and useful literature, and thus preserving in 
 the community a succession of men duly qualified for discharg- 
 ing the offices of life with usefulness and reputation ; they have 
 therefore justly merited and received the attention and encour- 
 agement of every wise and well-regulated state ; and whereas, 
 a public school or seminary, erected for that purpose, within 
 this colony, to which the youth may freely resort for educa- 
 tion in the vernacular and learned languages and in the liberal 
 arts and sciences, would be for the general advantage and 
 honor of the government ; and whereas, Daniel Jenckes, Esq., 
 Nicholas Tillinghast, Esq., Nicholas Gardner, Esq., Col. Josias 
 Lyndon, Col. Elisha Reynolds, Peleg Thurston, Esq., Simon 
 Pease, Esq., John Tillinghast, Esq., George Hazard, Esq., Col- 
 Job Bennett, Nicholas Easton, Esq., Arthur Fenner, Esq., Mr. 
 Ezekiel Gardner, Mr. John Waterman, Mr. James Barker, Jr., 
 Mr. John Holmes, Solomon Drown, Esq., Mr. Samuel Winsor, 
 Mr. Joseph Sheldon, Charles Rhodes, Esq., Mr. Nicholas 
 Brown, Col. Barzillai Richmond, Mr. John Brown, Mr. Gideon 
 Hoxsey, Mr. Thomas Eyres, Mr. Thomas Potter, Jr., Mr. 
 Peleg Barker, Mr. Edward Thurston, Mr. William Redwood, 
 Joseph Clarke, Esq., Mr. John G. Wanton and Mr. Thomas 
 Robinson, with many other persons, appear as undertakers in 
 the valuable design ; and thereupon, a petition hath been pre- 
 
 ^ Ibid., pp. 126-7. 
 
RHODE ISLAND 1 87 
 
 ferred to this Assembly, praying that full liberty and power 
 may be granted unto such of them, with others, as are here- 
 after mentioned, to found, endow, order and govern a college, 
 or university, within this colony ; and that, for the more effect- 
 ual execution of this design, they may be incorporated into 
 one body politic, to be known in the law, with the powers, 
 privileges and franchises, necessary for the purpose, aforesaid. 
 Now, therefore, know ye, that, being willing to encourage and 
 patronize such an honorable and useful institution, we, the said 
 Governor and Company, in General Assembly convened, do 
 for ourselves and our successors, in and by virtue of the power 
 and authority, within the jurisdiction of this colony, to us by 
 the royal charter granted and committed, enact, grant, con- 
 stitute, ordain and declare, and it is hereby enacted, granted, 
 constituted, ordained and declared, that the Hon. Stephen 
 Hopkins, Esq., the Hon. Joseph Wanton, Jr., Esq., the Hon. 
 Samuel Ward, Esq., the Hon. William Ellery, Esq., John 
 Tillinghast, Esq., Simon Pease, Esq., James Honyman, Esq., 
 Nicholas Easton, Esq., Nicholas Tillinghast, Esq., Darius Ses- 
 sion, Esq., Joseph Harris, Esq., Francis Willet, Esq., William 
 Logan, Esq., Daniel Jenckes, Esq., George Hazard, Esq., 
 Nicholas Brown, Esq., Jeremiah Niles, Esq., Joshua Babock, 
 Esq., Mr. John G. Wanton, the Rev. Edward Upham, the Rev. 
 Jeremiah Condy, the Rev. Marmaduke Brown, the Rev. Gard- 
 ner Thurston, the Rev. Ezra Stiles, the Rev. John Greaves, 
 the Rev. John Maxon, the Rev. Samuel Winsor, the Rev. 
 John Gano, the Rev. Morgan Edwards, the Rev. Isaac Eaton, 
 the Rev. Samuel Stillman, the Rev. Samuel Jones, the Rev. 
 James Manning, the Rev. Russel Mason, Col. Elisha Rey- 
 nolds, Col. Josias Lyndon, Col. Job Bennet, Mr. Ephraim 
 Bowen, Joshua Clarke, Esq., Capt. Jonathan Slade, John Tay- 
 lor, Esq., Mr. Robert Shettel Jones, Azariah Dunham, Esq., 
 Mr. Edward Thurston, Jr., Mr. Thomas Eyres, Mr. Thomas 
 Hazard and Mr. Peleg Barker, or such, or so many of them 
 as shall, within twelve months from the date hereof, accept of 
 
1 8 8 ^D UCA TION JN THE COL ONIES 
 
 this trust, and qualify themselves as hereinafter directed, and 
 their successors, shall be forever hereafter one body corporate 
 and politic, in fact and name, to be known in law by the name 
 of Trustees and Fellows of the College or University, in the 
 English Colony of Rhode Island and Providence Plantations, 
 in New England, in America ; the trustees and fellows, at any 
 time hereafter, giving such more particular name to the col- 
 lege, in honor of the greatest and most distinguished bene- 
 factor, or otherwise, as they shall think proper ; which name, 
 so given, shall, in all acts, instruments and doings of said body 
 politic, be superadded to their corporate name, aforesaid, and 
 become a part of their legal appellation, by which it shall be 
 forever known and distinguished ;' and that, by the same 
 name, they and their successors, chosen by themselves, as 
 hereafter prescribed, shall, and may, have perpetual succes- 
 sion ; and shall, and may, be persons able and capable in the law, 
 to sue and to be sued, to plead and to be impleaded, to answer 
 and to be answered unto, to defend and to be defended against, 
 in all and singular suits, causes, matters, actions and doings, of 
 what kind soever; and also to have, take, possess, purchase, 
 acquire, or otherwise receive and hold lands, tenements, hered- 
 itaments, goods, chattels, or other estates ; of all which they 
 may, and shall, stand and be seized, notwithstanding any 
 misnomer of the college, or the corporation thereof; and 
 by whatever name, or however imperfectly the same shall 
 be described in gift, bequests, and assignments, provided the 
 true intent of the assignor or benefactor be evident ; also the 
 same to grant, demise, aliene, use, manage, and improve, 
 according to the tenor of the donations, and to the purposes, 
 trusts, and to which they shall be seized thereof, and full 
 liberty, power, and authority is hereby granted unto the said 
 trustees and fellows, and their successors, to found a college, or 
 university, within this colony, for promoting the liberal arts, 
 and universal literature; and with the monies, estates and 
 ' Name changed to Brown University in 1804. 
 
RHODE ISLAND 1 89 
 
 revenues of which they shall from time to time become legally 
 seized, as aforesaid, to endow the same ; and erect the neces- 
 sary buildings and edifices thereof, on such place within this 
 colony as they shall think convenient ; and generally to regu- 
 late, order, and govern the same, appoint officers, and make 
 laws, as hereinafter prescribed ; and hold, use, and enjoy all the 
 liberties, privileges, exemptions, dignities, and immunities, 
 enjoyed by any college, or university, whatever. And further- 
 more, that the said trustees and fellows, and their successors, 
 shall, and may, forever hereafter have a public seal, to use for 
 all causes, matters, and affairs whatever of them and their 
 successors, and the same seal to alter, break, and make anew, 
 from time to time, at their will and pleasure ; which seal shall 
 always be deposited with the president, or senior fellow. 
 And furthermore, by the authority aforesaid, it is hereby 
 enacted, ordained and declared that it is now, and at all times 
 hereafter shall continue to be, the unalterable constitution of 
 this college, or university, that the corporation thereof shall 
 consist of two branches, to wit : that of the trustees, and that 
 of the fellowship, with distinct, separate and respective powers; 
 and that the number of the trustees shall, and may be, thirty- 
 six; of which, twenty-two shall forever be elected of the de- 
 nomination called Baptists, or Antipaedobaptists ; five shall 
 forever be elected of the denomination called Friends, or 
 Quakers; four shall forever be elected of the denomination 
 called Congregationalists, and five shall forever be elected of 
 the denomination called Episcopalians; and that the succession 
 in this branch shall be forever chosen and filled up from the 
 respective denominations in this proportion, and according to 
 these numbers, which are hereby fixed, and shall remain to 
 perpetuity immutably the same; and that the said Stephen 
 Hopkins, Joseph Wanton, Samuel Ward, William Ellery, John 
 Tillinghast, Simon Pease, James Honyman, Nicholas Easton, 
 Nicholas Tillinghast, Darius Sessions, Joseph Harris, Francis 
 Willett, Daniel Jenckes, George Hazard, Nicholas Brown, 
 
1 90 
 
 EDUCATION IN THE COLONIES 
 
 Jeremiah Niles, John G; Wanton, Joshua Clarke, Gardner 
 Thurston, John Greaves, John Maxson, John Gano, Samuel 
 Winsor, Isaac Eaton, Samuel Stillman, Russell Mason, Elisha 
 Reynolds, Josias Lyndon, Job Bennet, Ephraim Bowen, John 
 Taylor, Jonathan Slade, Robert Shettell Jones, Azariah Dun- 
 ham, Edward Thurston, Jr., and Peleg Barker; or such, or so 
 many of them as shall qualify themselves, as aforesaid, shall 
 be, and they are hereby declared and established the first and 
 present trustees. And that the number of the fellows, inclusive 
 of the president (who shall always be a fellow), shall, and may 
 be, twelve; of which, eight shall be forever elected of the de- 
 nomination called Baptists, or Antipaedobaptists ; and the rest 
 indifferently of any or all denominations; and that the Rev. 
 Edward Upham, the Rev. Jeremiah Condy, the Rev. Marma- 
 duke Brown, the Rev. Morgan Edwards, the Rev. Ezra Stiles, 
 the Rev. Samuel Jones, the Rev. James Manning, William 
 Logan, Esq., Joshua Babcock, Esq., Mr. Thomas Eyers, and 
 Mr. Thomas Hazard, or such, or so many of them as shall 
 qualify themselves, as aforesaid, shall be, and they are hereby, 
 declared the first and present fellows and fellowship, to whom 
 the president, when hereafter elected (who shall forever be of 
 the denomination called Baptists, or Antipaedobaptists), shall 
 be joined to complete the number. And, furthermore, it is 
 declared and ordained, that the succession in both branches 
 shall at all times hereafter be filled up and supplied according 
 to these number?, and this established and invariable pro- 
 portion from the respective denominations, by the separate 
 election of both branches of this corporation, which shall at 
 all times sit and act by separate and distinct powers; and in 
 general, in order to the validity and consummation of all 
 acts, there shall be in the exercise of their respective, sep- 
 arate and distinct powers, the joint concurrence of the 
 trustees and fellows, by their respective majorities, except 
 in adjudging and conferring the academical degrees, which 
 shall forever belong, exclusively, to the fellowship, as a 
 
RHODE ISLAND 
 
 191 
 
 learned faculty. And furthermore, it is constituted, that the 
 instruction and immediate government of the college, shall for- 
 ever be, and rest, in the president and fellows, or fellowship. 
 And furthermore, it is ordained, that there shall be a general 
 meeting of the corporation on the first Wednesday in Septem- 
 ber, annually, within the college edifice, and until the same be 
 built, at such place as they shall appoint, to consult, advise and 
 transact the affairs of the college or university; at which, or at 
 any other time, the public commencement may be held and 
 celebrated; and that on any special emergencies, the president, 
 with any two of the fellows, or any three of the fellows, ex- 
 clusive of the president, may convoke, and they are hereby 
 empowered to convoke an assembly of the corporation, on 
 twenty days' notice ; and that in all meetings, the major vote 
 of those present of the two branches, respectively, shall be 
 deemed their respective majorities, aforesaid ; provided, that not 
 less than twelve of the trustees, and five of the fellows, be a 
 quorum of their respective branches ; that the president, or, in 
 his absence, the senior fellow present, shall always be moder- 
 ator of the fellows ; that the corporation, at their annual meet- 
 ings, once in three years, or oftener, in case of death or re- 
 moval, shall, and may choose a chancellor of the university, 
 and treasurer, from among the trustees, and a secretary from 
 among the fellows ; that the nomination of the chancellor shall 
 be in the trustees, whose office shall be only to preside as a 
 moderator of the trustees ; and that in his absence, the trustees 
 shall choose a moderator for the time being, by the name ol 
 vice chancellor ; and at any of their meetings, duly formed, as 
 aforesaid, shall, and may be, elected a trustee or fellow, or trus- 
 tees, or fellows, in the room of those nominated in this charter, 
 who may refuse to accept, or in the room of those who may 
 die, resign, or be removed. And furthermore, it is enacted, 
 ordained and declared, that this corporation, at any of their 
 meetings regularly convened, as aforesaid, shall and may elect 
 and appoint the president and professors of languages and the 
 
192 
 
 EDUCATION IN THE COLONIES 
 
 several parts of literature ; and upon the demise of him or them, 
 or either of them, their resignation or removal from his or their 
 office, for misdemeanor, incapacity, or unfaithfulness, (for which 
 he or they are hereby declared removable by this corporation), 
 others to elect and appoint in their room and stead ; and at such 
 meeting, upon the nomination of the fellows, to elect and ap- 
 point tutors, stewards, butlers, and all such other officers 
 usually appointed in colleges or universities, as they shall find 
 necessary, and think fit to appoint for the promoting liberal 
 education, and the well ordering the affairs of this college ; and 
 them, or any of them, at their discretion to remove, and sub- 
 stitute others in their places ; and in case any president, 
 trustee or fellow, shall see cause to change his religious 
 denomination, the corporation is hereby empowered to de- 
 clare his or their place or places vacant, and may pro- 
 ceed to fill up it or them, accordingly, as before directed; 
 otherwise, each trustee and fellow, not an officer of instruc- 
 tion, shall continue in his office during life, or until resignation. 
 And further, in case either of the religious denominations 
 should decline taking a part in this catholic, comprehensive 
 and liberal institution, the trustees and fellows shall, and may, 
 complete their number, by electing from their respective 
 denomination, always preserving their respeetive proportions 
 herein before prescribed and determined ; and all elections 
 shall be by ballot or written suffrage ; and that a quorum of 
 four trustees and three fellows may transact any business, ex- 
 cepting placing the college edifice, election of trustees, presi- 
 dent, fellows and professors ; that is to say : so that their acts 
 shall be of force and validity until the next annual meeting, 
 and no longer. And it is further enacted and ordained by the 
 authority aforesaid, that each trustee and fellow, as well those 
 nominated in this charter, as all that shall heaeafter be duly 
 elected, shall, previous to their acting in a corporate capacity, 
 take the engagement of allegiance prescribed by the law of 
 this colony to His Majesty, King George the Third, his heirs 
 
RHODE ISLAND 
 
 193 
 
 and rightful successors to the crown of Great Britain ; which 
 engagement shall be administered to the present trustees and 
 fellows, by the Governor or Deputy Governor of this colony, 
 and to those from time to time hereafter elected by their re- 
 spective moderators, who are hereby empowered to administer 
 the same. And still more clearly to define and ascertain the 
 respective powers of the two branches, on making and enacting 
 laws, — It is further ordained and declared, that the fellowship 
 shall have power, and are hereby empowered from time to 
 time, and at all times hereafter, to make, enact and publish all 
 such laws, statutes, regulations and ordinances, with penalties, 
 as to them shall seem meet, for the successful instruction and 
 government of the said college or university, not contrary to 
 the spirit, extent, true meaning and intention of the acts of the 
 British Parliament, or the laws of this colony ; and the same 
 laws, statutes and ordinances to repeal ; which laws, and the 
 repeals thereof, shall be laid before the trustees, and with their 
 approbation, shall be of force and validity, but not otherwise. 
 And further, the trustees and fellows, at their meetings afore- 
 said, shall ascertain the salaries of the respective officers, and 
 order the monies assessed on the students for tuition, fines and 
 incidental expenses, to be collected by the steward, or such 
 other officer as they shall appoint to collect the same ; and the 
 same, with their revenues, and other college estates in the 
 hands of the treasurer, to appropriate in discharging salaries 
 and other college debts ; and the college accounts shall be 
 annually audited and adjusted in the meeting of the corporation. 
 And furthermore, it is hereby enacted and declared, that into 
 this liberal and catholic institution, shall never be admitted 
 any religious tests; but on the contrary, all the members 
 hereof, shall forever enjoy full, free, absolute, and uninterrupted 
 liberty of conscience ; and that the places of professors, tutors, 
 and all other officers, the president alone excepted, shall be 
 free and open for all denominations of Protestants ; and that 
 youth of all religious denominations shall, and may, be freely 
 
IQ4 EDUCATION IN THE COLONIES 
 
 admitted to the equal advantages, emoluments, and honors of 
 the college or university; and shall receive a like, fair, gener- 
 ous, and equal treatment during their residence therein, they 
 conducting themselves peaceably, and conforming to the laws 
 and statutes thereof; and that the public teaching shall, in 
 general, respect the sciences; and that the sectarian differences 
 of opinions, shall not make any part of the public and classical 
 instruction ; although all religious controversies may be studied 
 freely, examined and explained by the president, professors 
 and tutors, in a personal, separate, and distinct manner, to the 
 youth of any or each denomination ; and above all, a constant 
 regard be paid to, and effectual care taken of, the morals of 
 the college. And furthermore, for the honor and encourage- 
 ment of literature, we constitute and declare, the fellowship, 
 aforesaid, a learned faculty ; and do hereby give, grant unto, 
 and invest them and their successors with, full power and 
 authority, and they are hereby authorized and empowered, by 
 their president, and in his absence, by the senior fellow, or one 
 of the fellows appointed by themselves at the anniversary com- 
 mencement, or at any other times, and at all times hereafter, 
 to admit to, and confer any and all the learned degrees, which 
 can or ought to be given and conferred in any of the colleges 
 or universities in America, or any such other degrees of literary 
 honor as they shall devise, upon any and all such candidates 
 and persons as the president and fellows, or fellowship, shall 
 udge worthy of the academical honors ; which power of con- 
 ferring degrees, is hereby restricted to the learned faculty, who 
 shall, or may, issue diplomas, or certificates, of such degrees, 
 or confer degrees by diplomas, and authenticate them with the 
 public seal of the corporation, and the hands of the president 
 and secretary, and of all the professors, as witnesses, and de- 
 liver them to the graduates as honorable and perpetual testi- 
 monies. And furthermore, for the greater encouragement of 
 this seminary of learning, and that the same may be amply en- 
 dowed and enfranchised with the same privileges, dignities 
 
RHODE ISLAND 155 
 
 and immunities, enjoyed by the American colleges and Euro- 
 pean universities, — We do grant, enact, ordain and declare, 
 and it is hereby granted, enacted, ordained and declared, that 
 the college estate, the estates, persons, and families of the 
 president and professors, for the time being, lying and being 
 within the colony, with the persons of the tutors and students, 
 during their residence at the college, shall be freed and ex- 
 empted from all taxes, serving on juries, and menial services; 
 and that the persons, aforesaid, shall be exempted from bear- 
 ing arms, impresses and military services, except in case of in- 
 vasion. And furthermore, for establishing the perpetuity of 
 this corporation, and in case that at any time hereafter, through 
 oversight, or otherwise, through misapprehensions and mis- 
 taken constructions of the powers, liberties and franchises 
 herein contained, any laws should be enacted, or any matters 
 done and transacted by this corporation contrary to this 
 charter, — It is hereby enacted, ordained and declared, that all 
 such laws, acts and doings, shall be in themselves null and 
 void; yet, nevertheless, the same shall not, in any courts of 
 law, or by the General Assembly, be deemed, taken, inter- 
 preted, or adjudged into an avoidance, defeazance, or for- 
 feiture of this charter; but that the same shall be, and remain 
 unhurt, inviolate, and entire unto the said corporation, in per- 
 petual succession ; which corporation may, at all times, and 
 forever hereafter, proceed, and continue to act ; and all their 
 -acts, conformably to the powers, tenor, true intent and mean- 
 ing of the charter, shall be, and remain in full force and 
 validity; the nullity and avoidance of any such illegal acts, to 
 the contrary in any wise, notwithstanding. And lastly, we 
 the Governor and Company, aforesaid, do, for ourselves, and 
 our successors, forever, hereby enact, grant and confirm unto 
 the said trustees and fellows, and to their successors, that this 
 charter of incorporation, and every part thereof, shall be good 
 and available in all things in the law, according to our true 
 intent and meaning ; and shall be construed, reputed, and ad- 
 
Iq5 KDUCATIOh' in THE COLONIES 
 
 judged in all cases most favorably on the behalf and for the 
 best benefit and behoof of the said trustees and fellows, and 
 their successors, so as most effectually to answer the valuable 
 ends of this most useful institution. In full testimony of which 
 grant, and of all the articles and matters therein contained, 
 the said Governor and Company do hereby order, that this act 
 shall be signed by the Governor and Secretary, and sealed with 
 the public seal of this colony, and registered in the colony's 
 records ; and that the same, or an exemplification thereof, 
 shall be a sufficient warrant to the said corporation to hold, 
 use and exercise all the powers, franchises, and immunities 
 herein contained.'" 
 
 There was much contention among the towns of the colony 
 concerning the location of Rhode Island College. It was 
 finally established at Providence. Thereupon the discontented 
 contestants of Newport sent in a petition to the legislature for 
 the founding of another college in that town. A charter was 
 granted to the Newport petitioners by the Lower House by a 
 vote of twenty majority. The Upper House, however, influ- 
 enced by a counter-petition of the corporation of Rhode Island 
 College, refused to concur in this measure. 
 
 Provision for elementary and secondary education seems to 
 have been wholly entrusted by the legislature to the town 
 governments,' and to charitable persons and corporations. 
 
 ' Records of the Colony of Rhode Island and Provincial Plantations in New 
 England, VI, 385-391. Edited by John R. Bartlett. Providence, 1862. 
 
 ' Guild's History of Brown University, p. 204-6. 
 
 "A schoolmaster was called in 1640 by a town vote to keep a public school in 
 Newport. One hundred and four acres were granted to him, and 100 acres were 
 appropriated to the building of a school house. (^History of the State of Rhode 
 Island and Providence Plantations, I, 145-6. Samuel G. Arnold. New York, 
 1859.) 
 
 In 1663 the town of Providence voted 100 acres of upland and 6 acres of 
 meadow to the maintenance of a school. {IMd., I, 282.) 
 
 Over a century later, in 1767, Governor Bowen drew up a plan for a system of 
 free public schools for the town ; but it was rejected "by the poorer sort of the 
 people " of the town. (History of Higher Education in Rhode Island, p. 26. 
 William H. Tolman, Ph. D. Washington, 1894.) 
 
RHODE ISLAND 
 
 197 
 
 At a session held at Warwick in October, 1721, an act was 
 passed " to redress the misemployment of lands, goods, and 
 stocks of money, heretofore given to certain charitable uses 
 ... by several well disposed persons, to and for the relief 
 of the poor, and bringing up of children to learning." This act 
 empowered the town council to enforce the carrying out of all 
 such pious trusts according to the will of the donors.' In May, 
 1774 , the legislature incorporated the charitable Baptist Society 
 of the town of Providence. The charter empowers the grantees 
 to receive and hold donations, legacies, assignments, etc., for 
 the use and " support of pastors, relief of the poor, in schooling 
 their children ... or any other religious uses in said church 
 and congregation."' At this same session the lottery act above 
 referred to was passed by the Assembly. " Whereas, a number 
 of the inhabitants of East Greenwich, preferred a petition, and 
 represented unto this Assembly, that there is, at present, but 
 one school house in the compact part of the said town ; and 
 that another is necessary for the education of youth ; and there- 
 upon prayed this Assembly, that a lottery may be granted, to 
 raise the sum of ^600, to be applied towards the purchasing a 
 lot, and building a public school house in the said town ; and 
 that Preserved Pearce, Esq., Mr. Oliver Arnold and Mr. John 
 Reynolds, all of East Greenwich ; and Silas Casey, Esq., and 
 Mr. Isaac Tripp, Jr., both of Warwick, may be appointed 
 directors of the said lottery ; on consideration whereof, — It is 
 voted and resolved, that the prayer of the foregoing petition 
 be, and the same is hereby, granted, on the usual conditions 
 provided, that no charge accrue to the Colony, thereby.'" 
 
 • The Charter and Laws of the Colony of Rhode Island and Providence Plan- 
 tations in America, pp. 122-4. Newport, 1730. 
 
 ' Rhode Island Schedules, p. 9. 
 
 • Rhode Island Col. Rec, VII, 242. 
 
NEW NETHERLANDS AND NEW YORK 
 
 In 1 62 1, a quasi-public corporation known as the Dutch 
 West India Company was granted a monopoly of trade on the 
 coasts of Africa and America by the States-General of the United 
 Netherlands. Under its charter the Company possessed sov- 
 ereign rights of government ; only the appointment of its chief 
 governors and its declarations of war or peace were subject to 
 the approval of the States-General. In return for these priv- 
 ileges of trade and government the Company was bound to 
 advance the interests of its colonies.^ Care for the religious and 
 educational welfare of those colonies it shared with the State 
 Church of Holland through the Classis of Amsterdam.' 
 
 In 1623, the Company sent over its first shipload of col- 
 onists to settle on the Hudson and Delaware rivers.' In the 
 following year a Director and Council were established in the 
 colony by the Company and given supreme legislative and ex- 
 ecutive authority.* 
 
 In 1629, as an inducement to immigration, the Company 
 issued a so-called charter of exemptions and privileges to all 
 patroons, masters or private persons willing to plant colonies 
 in New Netherland. To such colonists the charter granted 
 exemption from taxation for a period of ten years and priv- 
 ileges of land holdings, trade and self-government. In return, 
 among other stipulations, was the following : 
 
 " XXVII. The patroons and colonists shall in particular, and 
 
 1 History of New Netherlands, pp. 89, 90. Edmund B. O'Callaghan, New 
 York, 1846. 
 
 ' History of the State of New York, I, 614. John R. Brodhead, New York, 
 1874. 
 ' C Callaghan' s History, pp. 99, 100. ^ Ibid., p. lOI. 
 
 (198) 
 
NEW NETHERLANDS AND NEW YORK igg 
 
 in the speediest manner, endeavor to find out ways and means 
 whereby they may support a minister and school master, that 
 thus the service of God and zeal for religion may not grow cool 
 and be neglected among them, and they shall, for the first, pro- 
 cure a comforter of the sick there." ' This provision was re- 
 embodied in section 28 of of the New Project of Freedoms and 
 Exemptions drawn up between 1630 and 1635 by the States- 
 General to all persons of condition in the Netherlands, qualify- 
 ing as lords and patroons of New Netherland.'' A wider pro- 
 vision for education was contained in the articles drawn up in 
 1638 by the chamber of Amsterdam, the division of the West 
 India Company having the New Netherlands in special charge, 
 for the colonization and trade of that country. 
 
 " 8. Each householder and inhabitant shall bear such tax 
 and public charge as shall hereafter be considered proper for 
 the maintenance of clergymen, comforters for the sick, school- 
 masters, and such like necessary officers ; and the Director and 
 Council there shall be written to touching the form hereof, in 
 order, on receiving further information hereupon, it be rendered 
 the least onerous and vexatious.'" In a new charter of freedoms 
 and exemptions granted to the colonists by the Company in 
 1640, the Company appears to take upon itself the aforesaid 
 responsibilities. " And no other religion shall be publicly ad- 
 mitted in New Netherland except the Reformed, as it is at 
 present preached and practiced by public authority in the 
 United Netherlands; and for this purpose the Company shall 
 provide and maintain good and suitable preachers, school- 
 masters and comforters of the sick." * This ruling of the Com- 
 pany seems to have not been readily effected, for in 1644 the 
 Company's Board of' Accounts, in a report suggesting meas- 
 ures by which the decay in New Netherland can be prevented, 
 " population increased, agriculture advanced and that country 
 
 ^ New York Colonial Documents, 11,557. Edited by E. B. O'Callaghan 
 M. D., LL. D., Albany, 1858. See also Ibid., I, 405. 
 a Ibid., I, 99. » Ibid., I, 1 12. « Ibid., I, 123. 
 
200 EDUCATION IN THE COLONIES 
 
 wholly improved for the Company's benefit," present among 
 other estimates for the salaries of necessary ofificers and ser- 
 vants an estimate of 360 florins per annum for one school- 
 master, precentor and sexton ; ^ and five years later in a popular 
 remonstrance addressed to the States-General by the New 
 Netherland colonists, the following statement occurs in the 
 account which they gave of the grievous lack of church prop- 
 erty in the colony : " The plate has been a long time passed 
 around for a common school, which has been built with words, 
 for, as yet, the first stone is not laid ; some materials have only 
 been provided. However the money given for the purpose 
 hath all disappeared and is mostly spent, so that it falls some- 
 what short : and nothing permanent has as yet been effected 
 for this purpose."^ In this same memorial which enumerates 
 the reasons for the decay of the country and suggests measures 
 for its relief, the following criticism appears : " Care ought to 
 be taken of the public property, both ecclesiastical and civil. 
 . . . . It is doubtful but Divine worship must be entirely 
 intermitted in consequence of the clergyman's departure, and 
 the Company's inability. There ought to be also a public 
 school provided with at least two good teachers, so that the 
 youth, in so wild a country, where there are so many dissolute 
 people, may first of all, be well instructed and indoctrinated, 
 not only in reading and writing, but also in the knowledge and 
 fear of the Lord. Now, the school is kept very irregularly, by 
 this one or that, according to his own fancy, as long as he 
 thinks proper." ' 
 
 In 1647, Director-General Stuyvesant had taken the 
 same subject into consideration, and among those prop- 
 ositions which he presented to his Council, six months after 
 his arrival in the colony, for the reform of his predecessor's 
 neglect and mismanagement, occurs the following: 
 
 " Sthly. Whereas, by want of proper place, no school has been 
 kept in three months, by which the youth is spoiled, so is 
 
 ' Ibid., I, 155. » Ibid., I, 300. » Ibid., I, 317. 
 
NEW NETHERLANDS AND NEW YORK 2OI 
 
 proposed, where a convenient place may be adapted to keep 
 the youth from the street and under a strict subordination.'" 
 It was consequently decreed by the Council, to wit, Van 
 Dincklagen, vice-director, Van Dyck, fiscal. Van Trinkoven, 
 secretary, and La Montagne, Adraen Keyser and Captain 
 Bryant Newton, councilors, that as this point was of particular 
 interest to the commonalty, it should be proposed to the nine 
 Tribunes, so that the best means might be employed at the 
 smallest expense of the commonalty.' In accordance with 
 this decision, Stuyvesant wrote to the representatives of the 
 people : ' 
 
 ■' 3rdly. Not less necessary than the former article is the 
 building of a new school and dwelling-house for the school- 
 master, for the benefit of the commonalty and the education 
 of the youth. We are inclined to bear personally and in be- 
 half of the Company a reasonable proportion, and continue to 
 do so in the future, and promote this glorious work. Mean- 
 while, it is required to make some previous arrangement to 
 provide a convenient place during next winter, either in one of 
 the out-houses belonging to the Attorney- General's Depart- 
 ment, to which I should give the preference, or any other 
 convenient place as may be approved by the church wardens." * 
 The Nine Men do not seem to have responded to the sug- 
 gestions of the Governor and Council, and so in August, 1649, 
 
 '^Albany Records,yil, 106. These MS. records have been inaccessible to 
 the writer, and this reference and several others to them in the following pages 
 have been taken from D. J. Pratt's able compilation, " The Annals of Public Edu- 
 cation in the State of New York," Albany, 1872. 
 
 ^Ibid, VII, 106. 
 
 ' These representatives constituted an advisory board of nine men, who had been 
 chosen by Siuyvesant from 18 men elected by the people of Manhattan, Brook 
 lyn, Amerfoort and Pavonia, " in order that the government of New Amster- 
 dam might continue and increase in good order, justice, police, population, pros- 
 perity and mutual harmony, and be provided with stronger fortifications, a church, 
 a school, etc." {O'Callagkan's History, II, 37.) 
 
 ''Alb. Ric.,\ll, 107, 108. 
 
202 EDUCATION IN 1 HE COLONIES 
 
 upon the resignation of schoolmaster Cornelessin,^ Stuyvesant 
 writes to the Classis of Amsterdam " for a pious, well-qualified 
 and diligent schoolmaster " on the plea that " nothing is of 
 greater importance than the right, early instruction of youth."' 
 This application was probably referred by the Classis to the 
 Directors of the West India Company," who wrote to Stuy- 
 vesant as follows: "Jan. 27, 1649. We will make use of the 
 first opportunity to supply you with a well-instructed school- 
 master, and shall inform ourselves about the person living at 
 Haarlem, whom your Honor recommended."* "Feb. 16, 
 1650. We appoint, at your request, a schoolmaster [William 
 Verstius], who shall also act as comforter of the sick. He is 
 considered an honest and pious man, and shall embark at the 
 first opportunity.'" "April 15, 1650. The schoolmaster for 
 whom you solicited, comes in the same vessel with this 
 letter. The Lord grant that he may for a long time exem- 
 plify the favorable testimony which he carried with him from 
 here, to the edification of the youth." * 
 
 In 1650, Secretary Van Tienhoven writes in behalf of the 
 Amsterdam Chamber in answer to the Remonstrance to which 
 reference has already been made, and which was presented 
 directly to the States- General by the delegates of the common- 
 alty.' "Although the new schoolhouse, toward which the 
 commonalty contributed something, has not yet been built, it 
 is not the Director, but the church wardens who have charge 
 of the funds. The Director is busy providing materials. 
 Meanwhile a place has been selected for a school, of which 
 Jan Cornelissen has charge. The other teachers ' keep school 
 
 1 Brodhead's History, I, 507. » Hid., I, 508. 
 
 » Fratfs Annals, p. 9. « Ali. Rec, IV, 17. 
 
 ' Ibid., IV, 23. • Ibid., IV, 30. ' Brodhead's History, I, 5 1 1. 
 
 * Private schoolmasters, of whose existence in the colony there are records from 
 the year 1633. {History of the School of the Reformed Protestant Dutch Church 
 in the City of New York, pp. 29, 35, foot-note. Henry W. Dunshee, New York, 
 1853.) The public or common school referred to in the above citations was the 
 church school. 
 
NEW NETHERLANDS AND NEW YORK 
 
 203 
 
 in hired houses, so that the youth are not in want of schools 
 to the extent of the circumstances of the country," Tis true 
 there is no Latin school nor academy ; if the commonalty re- 
 quire such, they can apply for it and furnish the necessary 
 funds . . . The question is, are the Company or the Directors 
 obliged to have constructed any buildings for the people out 
 of the duties paid by the trader in New Netherland on ex- 
 ported goods, particularly as their High Mightinesses granted 
 those duties to the Company to facilitate garrisons, and the 
 payment of the expenses attendant thereupon, and not for 
 building hospitals and orphan asylums, churches and school- 
 houses for the people. In New England there is no impost or 
 duty on imports or exports, but every one is assessed by the 
 local government according to his means, and must pay to the 
 extent of his property and as the magistrates tax him, for 
 . . . erection of schools and salaries of teachers. If they 
 [the colonists] are such patriots as they appear to be, let them 
 be leaders in generous contributions for such laudable objects, 
 and not complain when the Directors requested a collection 
 toward the erection of a church and school."" This document 
 together with others bearing upon the situation in New 
 Netherland were handed over to a committee of the States- 
 General for consideration. This committee submitted a "pro- 
 
 * In certain observations on the colonization of New Netherland, etc., which Van 
 Tienhoven furnished to the States General on February 22, 1650, he enumerated 
 the following persons as necessary to colonists : 
 
 A superintendent to every 250 farmers. 
 
 •• A clergyman ; or in his place provisionally, a comforter of the sick, who could 
 also act as schoolmaster.'' 
 
 A surgeon. 
 
 A blacksmith. 
 
 Three or four house carpenters. 
 
 One cooper. 
 
 One wheelwright. 
 
 Other tradesmen who " follow with them." {N. Y. Col. Doc, I, 361. See 
 also 370.) 
 
 » N. Y. Col. Doc, I, 423, 424, 425, 431. 
 
204 EDUCATION IN THE COLONIES 
 
 visional order " for the government of New Netherland, which 
 they recommended the States- General with the consent of a 
 majority of the Directors of the Company to enact." In the 
 sixth section of this plan, the committee advise that three 
 ministers shall be settled in New Netherland ; " and the com- 
 monalty shall be also obliged to have the youth instructed by 
 good schoolmasters."^ 
 
 In April, 1652, the Company made provision for another 
 school in the colony. In a letter to the Director-General, the 
 Company directors write : " We give our consent above all this, 
 that one public school may be established, for which one 
 school-master would be sufficient, and he might be engaged at 
 250 florins annually. We recommend you Jan de la Montagne, 
 whom we have provisionally favored with the appointment. 
 Your Honor may appropriate the city tavern for this purpose, 
 if this is practicable.'" In this year, as a result of numerous 
 petitions and memorials from the colonists to the home govern- 
 ment, the settlement at Manhattan was created a municipality, 
 with right to elect one schout fiscal or treasurer, two 
 burgomasters and five schepens,* and two years later the Dutch 
 towns on Long Island were also granted municipal privileges. 
 A district court was established for these Long Island towns 
 with authority to regulate roads, to build churches and schools, 
 etc." But the Governor and Council continued both in theory 
 and practice to exert a local as well as a general control over 
 the affairs of the colony. In May, 1654, the Burgomasters of 
 New Amsterdam obtained permission from the Directors of 
 the Company to manage the finances of the city. At the same 
 time they were required to pay all the public salaries out of 
 the excise tax.' They failed, however, to meet this require- 
 ment, and in spite of a formal assurance which they made to 
 the Director and Council to support certain civil and ecclesi- 
 
 1 Brodhead's History, I, 513. ^ N. Y. Col. Doc, I, 389. » Alb. Rec, IV, 68. 
 *Brodhead's History, \,^/\,o. '/(SiV/., I, 580. °/i}j</., I, 588. 
 
NEW NETHERLANDS AND NEW YORK 205 
 
 astical officials, — " a foresinger to act also as school-master," 
 being among the latter, — tax collection and payment of the 
 official salaries were resumed by the provincial government. ' 
 
 The following extracts from the records of the council and 
 the municipality of New Amsterdam show in detail the scope 
 and methods of the Provincial Government's administration of 
 educational questions. On January 26, 1655, "William Ver- 
 stius, schoolmaster and chorister in this city, [New Amsterdam] 
 solicited the Council by a petition, as he had completed his 
 service, and whereas there were now several persons fully com- 
 petent to acquit themselves in this charge, that he might be 
 favored with his dismission, and permitted to return to Hol- 
 land in the first ship. On which petition was given the apostil, 
 that it would be communicated to the Consistory and Min- 
 isters." ' 
 
 [In Council, March 23, 1655,] "Whereas William Vestius, 
 chorister and schoolmaster of this city, hath several times 
 earnestly solicited leave to depart for the Fatherland, so 
 is his request granted him ; and in consequence thereof, have 
 the noble Lords of the Supreme Council, with the consent of 
 the respected Consistory of this city, appointed Harmanus Van 
 Hoboocken as chorister and schoolmaster of this city, at thirty- 
 five guilders per month, and one hundred guilders annual ex- 
 penditures; who promises to conduct himself industriously and 
 faithfully, pursuant to the instructions already given, or here- 
 after to be given. 
 
 (Signed) Nicasius De Sille, La Montagne." ' 
 
 [In Council, August 11, 1655,] "A petition being read 
 of Harman van Hoboocken, now the chorister in this city, 
 soliciting, as he is burthened with a wife and four small 
 children, without possessing any means for their sustenance, 
 that his salary may be paid to him monthly, or, at least, quar- 
 terly, so is, after deliberation, given as apostil as long as the 
 
 1 Ibid., I, 590. ' Alh. Rtc, X, 6. » Ibid., X, 29, 30 ; XXV, 133. 
 
2o6 EDUCATION IN THE COLONIES 
 
 supplicant remains in service, he may depend on the punctual 
 payment of his salary." ' 
 
 The records of the burgomasters and schepens of New 
 Amsterdam, for February 21, 1656, contain this minute: "The 
 schout having exhibited, in conformity to instructions from 
 the Honorable Director General and Council, the request of 
 the schoolmaster, Harman van Hoboocken, in court, they 
 endorse. Said schoolmaster shall communicate to the bur- 
 gomasters and schepens what he is allowed for each child 
 per quarter, pursuant to instructions from the General and 
 Council, which being done, further order shall be taken on 
 petitioner's request." "^ 
 
 [In Council, February 19, 1658,] "On motion the Attorney- 
 General is commanded, to go the house of Jacob Van Corler, 
 who has, since some time, arrogated to himself to keep school, 
 and to warn him that Director General and Council have 
 deemed it proper to send him a supersedeas, till he shall have 
 solicited and obtained from the Director General and Council 
 an act in propria forma."' This action drew forth the fol- 
 lowing protest on March 5, from the municipality of New 
 Amsterdam. 
 
 " TO THE RIGHT HONORABLE, DIRECTOR GENERAL AND COUN- 
 CILLORS OF NEW NETHERLAND. 
 
 " Right Honorable Sirs — The burgomasters and schepens 
 of the city of Amsterdam, in New Netherland, represent with 
 all respect, that some burghers and inhabitants of the above- 
 named city, have presented a certain petition to this Court, 
 whereof copy is hereunto annexed, remonstrating that your 
 
 1 Alb. Rec, X, 81. 
 
 ' The Records of New Amsterdam, II, 39. Edited by Berthold Fernow, New 
 York, 1897. See also Ibid., II, 219-20. On November 4, 1856, the municipal, 
 ity granted Hoboocken's petition for school lodgings by empowering him to 
 charge a rental of 100 guilders per annum to the account of the city. 
 
 ^Alb. Rec.XlV, 114. 
 
NEW NETHERLANDS AND NEW YORK 207 
 
 Honors were pleased to notify Jacob Corlaar, through the 
 Fiscal Nicasius de Sille, not to keep any school ; and as they, 
 the petitioners, find themselves greatly interested thereby, as 
 their children forget what the above-named Jacob van Corlaar 
 had to their great satisfaction previously taught them in read- 
 ing, writing and cyphering, which was much more than any 
 other person, no one excepted; therefore, they request that 
 the above-named Corlaar may be allowed again to keep 
 school ; and although the above-named burgomasters and 
 two schepens have spoken verbally thereon to your Honors, 
 and your Honors were not pleased to allow it, for reasons 
 thereunto moving your Honors, they therefore, in consequence 
 of the humble supplication of the burghers and inhabitants 
 aforesaid, again request that your Honors may be pleased to 
 permit the above-named Corlaar again to keep school, which 
 doing, we remain your Honors subjects. 
 
 The Burgomasters and Schepens." ' 
 
 The above petition was read in Council March 19, 1658, 
 and it was decided that " school-keeping and the appointment 
 of schoolmasters depend absolutely from the jus patronatus in 
 virtue of which Director- General and Council interdicted 
 school-keeping to Jacob van Corlaar, as having arrogated it to 
 himself without their orders, in which resolution they do as 
 yet persist." * 
 
 [In Council, March 26, 1658,] " Being presented a petition 
 of Jacobus van Corler, soliciting the permission to keep school 
 within this city, and to instruct children in reading and writ- 
 ing. For weighty reasons influencing the Director-General 
 and Council, the apostil was nihil actum."' 
 
 [In Council, July 30, 1658,] " A petition being presented of 
 Jan Lubberts, soliciting, that he might be permitted to keep 
 school, to instruct in reading, writing and arithmetic. . . . 
 
 ' New Amsterdam Rec, II, 348. 
 
 > Alb, Rec, XIV, 151. ' Ibid., XIV, 158. See also N. A. Rec, II, 348. 
 
2o8 EDUCATION IN THE COLONIES 
 
 The petition is granted, provided he conducts himself as such 
 a person ought to do." ' 
 
 On August 1 6, 1660, the following petition to keep a 
 school was granted in Council : " To the Honorable, Respect- 
 ful, Valiant Director-General and Council in New Netherland : 
 Shows with all due and submissive reverence Jan Juriaense 
 Becker, your supplicant, that he, through the caprices of the 
 unsteady fortune since a short time — not knowing why — has 
 been compelled to become a tavern keeper — for which he 
 nearly sacrificed all what he possessed and whereas, the sup- 
 plicant is apprehensive that many difficulties, and even poverty 
 is threatening him and his family — so is it, that the supplicant, 
 imploring addresses himself to your Honor, soliciting most 
 humbly, that it may please your Honor to regard with pity 
 the supplicant, being an old Company's servant, and to employ 
 him as a writer in the service of the Company, either in the 
 Esopus, — here or anywhere else, whereever your Honor might 
 deem it proper — or — if your Honor cannot employ him at this 
 time in their service — that then the supplicant might be per- 
 mitted to keep school, to instruct the youth in reading and 
 writing, etc. Expecting a favorable apostil, he remains 
 Your Honor obedient servant, 
 
 J. Becker." ' 
 
 [In Council, October 27, 1661.] " Whereas, Harman van 
 Hoboocken, before schoolmaster and chorister, was removed 
 because another was sent to replace him by the Lords Direc- 
 tors and the Consistory, ' solicits to be employed again in one 
 
 1 Alb. Rcc, XIV, 318. 2 Ibid., XXIV, 374, 375. 
 
 ' Evert Pietersen, concerning whom the Amsterdam Chamber writes to the 
 Director- General and Council under date of May 2, 1661 : "Whereas, we have 
 deemed it necessary to promote religious worship, and to read to the inhabitants 
 the word of God, to exhort them, to lead them in the ways of the Lord, and con- 
 sole the sick, that an expert person was sent to New Netherlands, in the city of 
 New Amsterdam, who at the same time should act there as chorister and school, 
 master; so it is, that we, upon the good report which we have received about the 
 person of Evert Pietersen, and confiding in his abilities and experience in the 
 
NEW NETHERLANDS AND NEW YORK 
 
 209 
 
 or Other manner in the Company's service, so is he engaged as 
 adelborst/ and allowed 10 guilders per month and 175 for 
 board, from 27th Oct., 1661. Nota : Whereas the aforesaid 
 Harman is a person of irreproachable life and conduct, so shall 
 he be employed on the bouwery of the Director-General as 
 schoolmaster and clerk, with this condition, that the Director- 
 General, whenever his service might be wanted for the Com- 
 pany as adelborst, shall replace him by another expert person.'" 
 On September 21, 1662, the Council granted the following 
 petition : ■' To the Noble, Great and Respected the Director- 
 General and Council in New Netherland : Shows reverently, 
 
 aforesaid services, together on his pious character and virtues, have, on your 
 Honor's recommendation, and that of the magistrates of the city of New Amster- 
 dam, appointed the aforesaid person as consoler of the sick, chorister and school- 
 master, at New Amsterdam, in New Netherland, which charge he shall fulfill 
 there, and conduct himself in these with all diligence and faithfulness ; also, we 
 except that he shall give others a good example, so as it becomes a pious and good 
 consoler, clerk, chorister and schoolmaster ; regulating himself in conformity to 
 the instructions which he received here from the Consistory, and principally to the 
 instructions which he received from us, which he shall execute in every point 
 faithfully : Wherefore, we command all persons, without distinction, to acknowl- 
 edge the aforesaid Evert Pietersen as consoler, clerk, chorister and schoolmaster 
 in New Amsterdam, in New Netherland, and not to molest, disturb or ridicule 
 him in any offices, but rather to offer him every assistance in their power, and de- 
 liver him from every painful sensation, by which the will of the Lord and our 
 good intentions shall be accomplished." [liiii., VIII, 321.) 
 
 On May 9, the Directors write that Mr. Pietersen, who has been engaged " as 
 schoolmaster and clerk, upon a salary of 36 guilders per month, and 125 guilders 
 annually for his board," has already embarked for New Netherland. ■• And 
 whereas, he has solicited to be supplied with some books and stationery, which 
 would be of service to him in that station, so did we resolve to send you a suffi- 
 cient quantity of these articles, as your Honor may see from the invoice. Your 
 Honor ought not to place all these at his disposal at once, but from time to time, 
 when he may be in want of these, when his account ought directly to be charged 
 with its amount ; so, too, he must be charged with all such books of which he may 
 be in want as a consoler of the sick, which he might have obtained from your 
 Honor, which afterward might be reimbursed to him, whenever he, ceasing to 
 serve in that capacity, might return these ; all these must be valued at the invoice 
 price." {/bid., IV, 373.) 
 
 ' A sergeant or something above a common soldier. • Ibid., XIX, 383. 
 
2 1 o ED UCA TION IN THE COL ONIES 
 
 Johannes Van Gelder, a citizen and inhabitant of this city, 
 how that he, supplicant, being tolerably acquainted with read- 
 ing and writing, it has happened that several of the principal 
 inhabitants of this city advised and encouraged him too, to 
 open a public school, and consequently induced the suppli- 
 cant, who looks out for a living in an honorable way, to adopt 
 their advice — in the hope that he shall execute this task 
 to their satisfaction who shall make use of his service — but as 
 this is not permitted, except that an admission is previously 
 obtained, so he addresses himself to your Honors, requesting 
 their admission for this exercise — viz — keeping a public school 
 — which doing, etc. 
 
 Your Honors' subject and servant, 
 
 Johannes van Gelder." ^ 
 
 [In Council, December 31, 1665,] "Andreas Hudde ap- 
 peared before the Director- General and Council, and solicited 
 a license to keep school, received for answer that the Council 
 shall ask upon his proposal the opinion of the Minister and the 
 Consistory." '^ 
 
 All the records that have been so far quoted refer to ele- 
 mentary education. In 1658 the West India Company co- 
 operated with Director Stuyvesant and the city of New 
 Amsterdam in a plan for secondary education. On May 20, 
 the Company Directors write to Stuyvesant: " The Rev. 
 Driesius' mentioned to us more than once that it might, in 
 his opinion, be serviceable if a Latin school was established, 
 in which the youth might be instructed — in which he was will- 
 ing to engage his service ; and whereas, we do not disapprove 
 this plan, as we thought its communication proper, that your 
 Honor, if you considered it proper to make an experiment of 
 such an establishment, might advice us in what manner such 
 an institution might be carried into effect to the greatest 
 
 ^Ibid., XX, 215. » Ibid., IX, 309. 
 
 ' The Rev. Samuel Drisius, of Leyden, was settled as minister in New Amster- 
 dam, in 1652. [Brodhtaifs History, I, 537.) 
 
NEW NETHERLANDS AND NEW YORK 2I I 
 
 advantage for the community, and with the least expense to 
 the Company.'" The Directors write to Stuyvesant again on 
 this matter on April 25, 1659: "Our earnest exertions' to 
 provide your city with a Latin schoolmaster shall, we expect, 
 be placed beyond doubt by the arrival of Alexander Carolus 
 Curtius, who was before a Professor in Lithuania, whom we 
 have engaged ' for this purpose, allowing him an annual salary 
 of 1,500 florins . . . boarding included, besides one hundred 
 more as a gift, to purchase merchandise, of which he may dis- 
 pose to his advantage at his arrival, as you will see from the 
 enclosed extract of our resolutions, and the copy of our con- 
 tract with him . . The books which the schoolmaster re- 
 quired to instruct the youth in the Latin language, will not be 
 made ready from the unexpected departure of the vessels, 
 wherefore this must be postponed to the next opportunity."* 
 
 On July 23, Director Stuyvesant and the Council announce 
 the arrival of Alexander Carolus Curtius to the Company. To 
 this point they write : " We hope and confide that the com- 
 
 ^Alb.Rec.,\yi, 268. 
 
 ' The Directors were undoubtedly spurred on to " earnest exertions " by the letter 
 which was written to them on September 19, 1658, by the burgomaster and sche- 
 pens of New Amsterdam ..." Further, laying before your Honors the great 
 augmentation of the youth in this province and place . . and though many of 
 them can read and write, the burghers and inhabitants are nevertheless inclined to 
 have their children instructed in the most useful languages, the chief of which is 
 the Latin tongue ; and as there are no means so to do here, the nearest being at 
 Boston, in New England, a great distance from here, and many of the burghers 
 and inhabitants of this place and neighborhood having neither the ability nor 
 means to send their children thither, we shall therefore humbly request that 
 
 your Honors would be pleased to send us a suitable person for master of a Latin 
 school . . . not doubting but were such person here, many of the neighboring 
 places would send their children hither to be instructed in that tongue, hoping 
 that increasing from year to year, it may finally attain to an academy, whereby 
 this place arriving at great splendor, your Honors shall have the reward and praise 
 next to God, the Lord, who will grant His blessing to it. On your Honors sending 
 us a schoolmaster, we shall endeavor to have constructed a suitable place or 
 school ..." [N. A. Rec, III, 15, 16. 
 
 'On April 10, 1659. See Ibid., VIII, 201, 202. ^ Ibid., IV, 303, 305. 
 
212 Hi^ UCA TION IN THE COL OMES 
 
 munity shall reap great benefits from it for their children, for 
 which we pray that a bountiful God may vouchsafe his bless- 
 sing. The state of this new institution shall be ere long com- 
 municated to your Honors."' 
 
 On December 22, 1659, the Directors write to Stuyvesant: 
 " The complaints which have been made by the Latin school- 
 master or rector shall, in our opinion, in great part be removed. 
 Now henceforward the payment is made according to the value 
 of Holland currency. If to this sum is added that which he 
 receives from his pupils annually,' then it would seem to be 
 adequate lor the sustenance of a single individual, more so, as 
 his salary from time to time must be increased by the increase 
 of the youth whose parents cannot decently neglect to reward 
 his endeavors which he bestows on the instruction of their 
 children. In this your Honor ought to assist him, and recom- 
 mend him to the parents, as the circumstance of time may 
 permit."' 
 
 On April 16, 1660, the Directors send further instructions 
 about the Latin schoolmaster: "As we have been informed 
 that Rector Curtius is practising physic, and did solicit that 
 we would provide him with an herbarium, which would be to 
 
 1 Ibid., XVIII, 19, 20. 
 
 • Curtius was allowed by the Director-General and the burgomasters of New Am- 
 sterdam to take 6 guilders per quarter for each pupil. In 1660 the Burgomasters 
 hear that contrary to this order he is taking one beaver, valued at eight guild- 
 ers, for each boy per quarter. They consequently warn him that unless he con- 
 form to the aforesaid order they will keep from him the yearly stipend of 200 
 guilders which is granted to him by the city. Cited by Pratt in Annals, p. 26, 
 from N. A. Rec, III, 427, 428, but not given in published records. In 1661, 
 Schoolmaster Curtius refused to pay the excise tax, arguing that in Holland pro- 
 fessors, preachers and rectors were exempt, and that the Director-General had also 
 granted him exemption. But the Burgomasters decided that the rector should pay 
 the excise. {N. A. Rec, III, 253.) Later in the year Curtius petitions the Court 
 to allow him 600 guilders a year " on condition of receiving no contribution from 
 the youth." This petition is referred by the Court to the Director General and 
 Council. {IHci., Ill, 344.) 
 
 '■ I6id.,lW., 325. 
 
NEW NETHERLANDS AND NEW YORK 
 
 213 
 
 him of great service, so we send him this book by the present 
 opportunity, which your Honor will deliver to him. But the 
 book ought to remain the property of the Company ; so, too, 
 the books which have been lately transmitted. Your Honor 
 ought to make a memorandum of all these articles, so that it 
 may not be forgotten.'" 
 
 In 166 1, Dr. Curtius having shown himself inadequate was 
 dismissed from his position by the Company Directors' and 
 returned to Holland. Dr. Aegidius Luyck aspired to take his 
 place as rector of the Latin school, and on July 30, 1663, sent 
 in the following petition to the Director-General and his 
 Council : " Shews with all humble reverence, that whereas I, 
 undersigned, called for the private instruction of the Director- 
 General's childrens, sometimes have by a few inhabitants here, 
 who saw and heard the full satisfaction ; be it said without the 
 least arrogance, of the aforesaid Honorable Lord, upon the 
 good method of inculcating the first principles of the Latin 
 and Greek languages, as in writing, arithmetic, catechising and 
 honorum morum praxis, with respect to his children, and even 
 by his Hon. seriously solicited to request that I might be em- 
 ployed in the Rectoratum of this city, and his Hon. fully ac- 
 quainted with the necessity of having the youth in a now rising 
 place, and that several who in behalf of their children submitted 
 before to troubles and expenses, under the former Doctor, now 
 should be compelled to sacrifice all their prospects, or at a yet 
 greater expense send their children to the Patria. So his 
 Honor deemed it proper to employ me for this end, promising 
 that he would advise and recommend it to the Lord Directors, 
 so that a salary might be allowed to me. With this looking 
 forward I remain satisfied, returned to the school, and exerted 
 every nerve so that the number of my disciples was increased 
 to twenty, among whom were two from Virginia and two from 
 Fort Orange, and ten or twelve more from the two aforesaid 
 places were expected, while others were intended to board with 
 
 1 Alb. Rec, IV, 341, 342. ^ Dunshee's History, p. 53. 
 
214 EDUCATION IN THE COLONIES 
 
 me. But while I was waiting with patience for an answer from 
 the Directors, I nevertheless did not receive it, without know- 
 ing its cause. I offer, notwithstanding, cheerfully to continue 
 in my service, but solicit most earnestly and humbly that the 
 Director- General, with his High and Faithful Council, that it 
 may please them to provide me with a decent salary, so as I 
 cannot doubt, it shall meet their aprobation, as well knowing 
 that I cannot hire on the small payment which is received 
 from the disciples, and as a laborer deserve his wages, and if I 
 might obtain a favorable resolution, my ardour and zeal to ac- 
 quit myself well of my duty must be of course increased, by 
 which I am encouraged to remain. 
 
 Your Hon. humble and obedient servant, 
 
 Aegidius Luyck.'" 
 On August 9, a vote was taken on this petition in Council, 
 and Dr. Luyck was told that he should first address himself 
 to the Directors of the West India Company." Director Stuy- 
 vesant was pleased to set down his full opinion on the matter 
 as follows : " My advice on the request of the Rev. ./Egidius 
 Luyck is, that I condescend to acquiesce in the majority of 
 votes. Nevertheless, being of opinion that the instruction of 
 the youth, with well regulated schools, is not less serviceable 
 or less required than even church service, that the many 
 proofs, too, of the supplicant's piety, talents and diligence in 
 instructing children, and his more than common progresses, 
 which have been during five quarters of a year such, that they 
 far excel the instructions of the late rector, Alexander Carolus 
 Curtius, as will be attested by the ministers of the holy word 
 of God, and other competent judges, to which ought to be 
 added, that such a plan is contributing effectually to increase 
 the renown of this place and school — and really an actual 
 advantage, so well for our youth as for our inhabitants, as by 
 example the increase of the school from Virginia and else- 
 where — for these and other reasons, partly already explained 
 
 1 Alb. Rec, XXI, 257, 258. » Ibid. 
 
NEW NETHERLANDS AND NEW YORK 
 
 215 
 
 in that petition, it would be my advice, that aforesaid ^Egidius 
 Luycke, to encourage him in his service, ought to enjoy the 
 quahty and salary which the Lords Directors of the Privileged 
 West Indian Company, Department of Amsterdam, granted to 
 the first Latin schoolmaster, Alexander Carolus Curtius. If 
 not absolutely, at least with decent intercession and recom- 
 mendation, under the aforesaid Lords Directors.'" The fore- 
 going decision of the Council called forth another appeal' 
 from Dr. Luyck and a petition' from the Burgomasters of New 
 Amsterdam in his behalf. To the Burgomasters' petition the 
 following answer was given in Council, August 16, 1663 : 
 " The Director General and Council are, with the supplicants, 
 of opinion that the continuation and encouragement of the 
 Latin school is necessary, and, as it is customary in our 
 Fatherland, that such persons by the cities which make use of 
 them are engaged, so are the supplicants authorized by this, 
 to allow such a salary to the aforesaid Rev. Luyck as they 
 
 1 ihid., XXI, 259. 
 
 » Alb. Rec, XXI, 269, 270. In this second letter. Dr. Luyck states that he has 
 already addressed the Company on the subject of the rectorship, and that he under- 
 stands that the question is left by the Company Directors to the decision of the 
 Director- General and Council. 
 
 ' " Whereas, on your Honor's recommendations, and our letters last year writ- 
 ten to the Directors, the aforesaid Rev. Luyck was requested to act here as school- 
 master in the Latin language, in lieu of the late Rector Curtius, on such a salary 
 as should be allowed to him by the Directors, of which he has no information that any 
 conclusive step was made, so is it that we, experiencing the good instruction and 
 discipline of our youth, deem ourselves obliged humbly to soUcit your Honors that 
 it may please them to grant the supplicant a disposition on his written request, 
 with granting him such a salary as your Honors in their wisdom and discretion 
 shall deem proper. So that the supplicant's growing zeal, to the detriment of your 
 Honors and that of our children and the youth of this city with that sent hither 
 from other places, may not be cooled, but rather daily may be increased, to the re- 
 nown and glory of this city — by our neighbors and other further remote places — 
 in the hope that this our just request shall be maturely considered by your Honors, 
 so that your Honor shall favor the aforesaid Luyck with an ordinary and compe- 
 tent salary, by which we shall feel ourselves obliged, and remain. ..." [Hid., 
 XXI, 271,272.) 
 
2i6 EDUCATION IN THE COLONIES 
 
 shall deem reasonable/ of which salary Director-General and 
 Council, provisionally upon the approbation of the Noble 
 Directors, shall pay the half."" 
 
 By the treaty which was signed at Hartford in 1650 between 
 Director Stuyvesant and the Commissioners of the United 
 Colonies, the western part of Long Island was assigned to the 
 Dutch and the eastern part to the English.' During the next 
 few years, several of the towns which lay west of Oyster Bay, 
 the division point of the Island, sent in petitions to the central 
 government of New Netherland on the subject of schools and 
 schoolmasters. On October 16, 1655, the Director- General 
 and Council passed an ordinance authorizing the magistrates 
 of Midwout * to lay out that village on condition that " 5 @ 6 
 lots be reserved for public buildings, such as for the sheriff, 
 minister, the secretary, schoolmaster, village tavern and public 
 court house."* Three years later the magistrates of Midwout 
 apply to the provincial government for further directions for 
 the administration of the lots which had been appropriated to 
 the church in Midwout. They furthermore suggest that 50 
 acres be appropriated " to the maintenance of a school, church 
 service, etc." The Council agree to this plan." 
 
 In 1 66 1 ten of the inhabitants of Middleburgh present the fol- 
 lowing petition to Director Stuyvesant : " That whereas God 
 hath been pleased of late years to deprive us of Middleburrow, 
 of Long Island, of the public means of grace & salvation, and 
 also of education of our children, in scholastical discipline, the 
 way to true happiness, but yet God in mercy of late hath pro- 
 vided for us a help meet for the discipline of education of our chil- 
 dren, and by the same person help in the Sabbath exercises, 
 
 ' The salary agreed upon was the equivalent of looo guilders in seawant, 
 (IHd., XXI, 273.) 2 Ibid. 
 
 » Brodhead's History, I, 519. * Flatbush, L. I. 
 
 5 Laws and Ordinances of New Netherland, 1638-1674, p. 199. Compiled by 
 Edmund B. O'Callaghan, Albany, 1868. 
 
 «^/^. ^«f., XIV, 73, 74, 7S. 
 
NE W NETHERLANDS AAD NEW YORK 2 1 7 
 
 we, therefore, who never gave nor consented to the giving of 
 the housing, and lands, built and fenced in, and also dedicated 
 for the use of the public dispensation of God's word unto us, 
 we humbly intreat your Honorable Lordship, that this our 
 said schoolmaster, Richard Mills by name, may be by your 
 Lordship's order possessed of the said housing and lands for 
 his use and ours also, for our children's education and the 
 Sabbath exercise, the which God doth require, and we have 
 need for us and our children thereof: As the housing now 
 stands, it is like all to go to wreck and ruin, the fences falling 
 down, the house and barn decaying and wanting repair, and 
 Francis Dowtye ' doeth not repair it, nor the town, as it stands 
 between hitn and them, will not repair it, and by this means is 
 like to come to nothing in a short time ; and so we and your 
 Lordship also, by this means, shall be disappointed; therefore 
 our humble request is to your Lordship, is, that this, our 
 schoolmaster, and at present our souls' help in dispensing 
 God's word to us and our children every Lord's day, may be 
 settled in it, to enjoy it without any molestation from Francis 
 Doughty, or any of his, for so long time our God shall be 
 pleased to continue him amongst us, or to provide another for 
 us, thus knowing that your Lordship is as willing, to further 
 our souls' good as well as our bodies', we rest your Lordship's 
 humble petitioners & loyal subjects." 
 
 In answer to this petition, on February 18 the Director- 
 General orders Francis Doughty to give " a quiet possession 
 unto the present schoolmaster, Mr. Richard Mills, of the house 
 and land, being with our knowledge, consent and help, built 
 for the public use of the ministry, and by these means it may, 
 nor cannot be given and transported for a private heritage." ' 
 
 On July 4, 1 66 1, the Schout and Schepens of Breuckelen 
 
 ' Mr. Doughty had married the widow of Rev. John Moore, minister of Middle- 
 burgh. Moore died died in 1657, and his family continued to live in the parson- 
 age which served also as a church and schoolhouse. {Pratt'i Annals, p. 29.) 
 
 ■'Alb. >?«., XIX, 13, 14. 
 
2 1 8 E.D UCA TION IN THE COL ONIES 
 
 respectfully represent " to the Right Honorable Director- 
 General and Council of New Netheriand : " " that they found 
 it necessary that a court messenger was required for the 
 Schepens' Chamber, to be occasionally employed in the village 
 of Breuckelen and all around where he may be needed, as 
 well as to serve summons, as also to conduct the service of 
 the church, and to sing on Sundays; to take charge of the 
 school, dig graves, etc., ring the bell, and perform whatever 
 else may be required Therefore, the petitioners, with your 
 Honors' approbation, have thought proper to accept for so 
 highly necessary an office, a suitable person who is now come 
 before them, one Carel van Beauvois, to whom they have 
 hereby appropriated the sum of 150 florins, besides a free 
 dwelling ; and whereas, the petitioners are apprehensive that 
 the said C. v. Beauvois would not and cannot do the work for 
 the sum aforesaid, and the petitioners are not able to promise 
 him any more, therefore the petitioners, with all humble and 
 proper reverence, request your Honors to be pleased to lend 
 them a helping hand, in order thus to receive the needful 
 assistance." In answer to this petition the Director and 
 Council agreed to "pay 50 guilders in wampum annually, for 
 the support of the precentor and schoolmaster in the village of 
 Breuckelen." ' 
 
 On December 20, 1663, a similar agreement was entered 
 into between the provincial government and the town of Bush- 
 wick. " Appeared in Council, commissaries of the village of 
 Bushwyck, notifying how that they in their village were in 
 great want of a person who would act as clerk and school- 
 master, to instruct the youth ; and whereas there was proposed 
 to them the person of Boudewyn Maenhout, from Crampen 
 de Lek, that they had agreed with him, viz.: that he should 
 officiate as clerk and keep school for the instruction of the 
 youth, for which he should receive 400 florins in seawant 
 annually, besides house rent, they solicited therefore, that this 
 >/(5/flr., XIX, 194. 
 
NEW NETHERLANDS AND NEW YORK 
 
 219 
 
 transaction might be approved by the Director-General and 
 Council in New Netherland, and that the Company would 
 contribute annually something to facilitate the payment of said 
 salary. Which being taken in consideration by the Director- 
 General and Council in New Netherland, the engagement of 
 the person and the agreement with the aforesaid Boudewyn 
 Maenhout is hereby approved, provided that he shall pre- 
 viously be examined by the Rev. Ministers of this city, and if 
 they deem him competent for the task, then shall annually be 
 paid by the Company, to render it more easy to aforesaid 
 village to pay that salary to the aforesaid Boudewyn 25 florins 
 heavy money."' 
 
 About this time petitions from the towns of New Amster- 
 dam, Bergen and New Harlem were also directed on the same 
 subjects to the central government. On February 2, 1662, the 
 Burgomasters of New Amsterdam petition for the gift of a 
 certain lot in the Brewer Street for the building of a " good 
 schoolhouse for the benefit of the inhabitants of this city." 
 The Director and Council, however, " deem it, for various 
 reasons, more proper that the schoolhouse be constructed on 
 a part of the present church yard."' 
 
 On December 17, 1663, the sheriff, commissaries and school- 
 master of the town of Bergen were summoned to appear in 
 Council on a matter which is fully set forth in the petition 
 which was presented by them to the Director and Council. 
 " Shew reverently, the sheriff and commissaries of the village 
 of Bergen, which they presume, is known to your Honors, that 
 before the election of the commissaries, ye were solicited for 
 Michael Jansen, deceased, to be favored with the appointment 
 of a clerk who should at the same time keep school, to in- 
 struct the youth, the person of Engelbert Steenhuysen, who 
 possessed the requisite abilities, so is it that the sheriff and 
 commissaries now a year past proposed it to the community, 
 who then approved it, and resolved to engage him not only as 
 » Ibid., XX, 297. » Ibid., XX, 39. 
 
220 -S-O ^(^'^ T/ON IN THE COL ONIES 
 
 clerk but with the express stipulation that he, besides this 
 function, was to keep school, which the aforesaid Steenhuysen 
 engaged to do, and did so during five quarters of a year, for 
 which was allowed him 250 florins in seawant annually, be- 
 sides some other stipulations, besides the school money, so as 
 reason and equity shall demand. Now is it so, that the afore- 
 said Engelbert Steenhuysen, whereas he has a lot and house 
 and a double farm, situated in the jurisdiction of the village of 
 Bergen, is, by the complaints of the majority of the com- 
 munity, obliged with the other inhabitants, to provide for the 
 sustenance of a soldier, by which the aforesaid Engelbert 
 Steenhuysen considers himself highly aggrieved, and so re- 
 signed his office, pretending that a schoolmaster and clerk 
 ought to be exempted from all taxes and burthens of the vil- 
 lage, which he says is the common practice through the 
 whole Christian world, which by the sheriff and commissaries, 
 is understood can only take place when such a clerk or school- 
 master does not possess anything else but the schoolwharf 
 [lot], but by no means, when as a schoolmaster in possession 
 of a house and lot, and a double farm, that he, in such a case, 
 should pay nothing from his lot and lands; and the com- 
 munity at large is of the same opinion, as he receives his sal- 
 ary as clerk, and not only is obliged to act well in his capacity 
 as clerk, but even to look out and procure himself a proper 
 and convenient place to keep school, which he thus far 
 neglected, and pretends that the community must effect this^ 
 so that he may keep his school in it. They cannot perceive 
 how Engelbert Steenhuysen can be permitted to resign his 
 office, when he neglected to notify his intention a half year 
 before, wherefore the supplicants address themselves to your 
 Honor, humbly soliciting them to insinuate to the aforesaid 
 Engelbert Steenhuysen to continue in his service this second 
 year — and to decline, if the aforesaid Eng. Steenhuysen is or 
 is not obliged, by his possession of a lot and farm, to provide 
 in the maintenance of a soldier, so well as the other inhab- 
 
NE W NETHERLANDS AND NEW YORK 221 
 
 itants." After the plaintiffs and defendant were heard at length, 
 it was agreed that schoolmaster Steenhuysen should serve his 
 time, ■' agreeably to the contract mentioned in said petition, so 
 as he ought to do.'" 
 
 On December 15, 1663, the commissaries of New Harlem 
 petition as follows : " Gentlemen : With reverence and due sub- 
 mission shew your noble, great and respectful supplicants, 
 subjects residing in N. Haerlem . . . having seen and ex- 
 perienced, from Sabbath to Sabbath, the small success of the 
 public congregation, and fully believing that better care might 
 be taken of the interests of religion, and the whole worship 
 with more decency performed, if a clerk and schoolmaster on 
 a fixed salary could be engaged, so that the word of God might 
 be heard, an edifying sermon read, catechising introduced, and 
 the sick be visited, it seemed, therefore, to the supplicants of 
 your Honors, whose ofifice is to attend to the common welfare 
 and advantage of aforesaid village, . . . to be their duty to 
 speak with the congregation on this subject, and to endeavor 
 to persuade Jean de la Montagne, an inhabitant of that place, 
 to save expense, that he would accept this ofifice by permission. 
 Wherefore they deemed it proper to address your Honor as 
 the patrons of the church of Jesus Christ, and humble . . . 
 to solicit that it might please them to consent, both to the 
 establishment of that office and the appointment of said person 
 for the benefit of the church of God, and the not less necessary 
 instruction of the children, but considering . . . their present 
 utter inability to provide a competent and decent salary, and 
 that it was not in their power to collect more for his sustenance 
 than 24 schepel corn, they are now most reverently soliciting 
 that it may please your Honor agreeably to their usual discre- 
 tion, to contribute something for a decent salary and the better 
 encouragement of " [etc.] ... A grant of 50 guilders per 
 annum from the Company's treasurer was the answer of Direc- 
 tor and Council to the above petition. ' 
 1 JUd., XXI, 439, 440. » Ibid., XXII, II. 
 
222 ED UCA TION IN THE COL ONIES 
 
 On March 17, 1664, was enacted the only general measure 
 for education which was passed during the whole existence of 
 the provincial government of New Netherlands. 
 
 " Ordinance of the Director-General and Council of New 
 Netherland, for the better and more careful instruction of youth 
 in the principles of the Christian religion. 
 
 " Whereas it is highly necessary and most important that 
 the youth from childhood up be instructed not only in 
 reading, writing and arithmetic, but especially and chiefly 
 in the principles and fundamentals of the Reformed re- 
 ligion, according to the lesson of that wise king, Solomon, 
 — train up a child in the way he shall go, and when he is 
 old he will not depart from it, — so that in time such men 
 may proceed therefrom, as may be fit to serve their Father- 
 land as well in the Church as in the State. This then, being 
 taken into particular consideration by the Director-General and 
 Council of New Netherland, because the number of children is 
 through the merciful blessing of the Lord, considerably increas- 
 ing here, they have deemed it necessary, in order that so useful 
 and God-acceptable a work may be the more effectually pro- 
 moted, to recommend and command the schoolmasters, as we do 
 hereby, that they shall appear in the church, with the children 
 committed to their care and intrusted to them, on Wednesday 
 before the commencement of the sermon, in order, after the 
 conclusion of Divine Service, that each may in the presence of 
 the reverend ministers and the elders who may be present, ex- 
 amine his scholars as to what they have committed to memory 
 of the Christian commandments and catechism, and what pro- 
 gress they have made; after which performance, the children 
 shall be dismissed for that day, and allowed a decent recrea- 
 tion." ' 
 
 In 1664, Charles II, King of England granted to his brother, 
 the Duke of York, all the land lying between the Connecticut 
 River and Delaware Bay and in the same year a govenor was 
 
 ' Laws and Ordinances of New Netherland, p. 461. 
 
NEW NETHERLANDS AND NEW YORK 
 
 223 
 
 commissioned and sent over by the Duke of York to take pos- 
 session of this territory. Shortly after the surrender of Man- 
 hattan, Governor NicoUs notified the inhabitants of Long Island 
 to send two delegates from each town to a convention at 
 Hempstead, on February 28th, 1665. At this convention, a 
 body of laws which had been " collected out of the several laws 
 now in force in his Majesty's American colonies and planta- 
 tions " was presented by the Govenor and confirmed by the 
 delegates/ Among these laws was the following provision for 
 
 " CHILDREN AND SERVANTS. 
 
 " The constable and overseers are strictly required frequently 
 to admonish the inhabitants of instructing their children and ser- 
 vants in matters of religion and the laws of the country. And 
 that the parents and masters do bring up their children and 
 apprentices in some honest lawful calling, labor or employment. 
 And if any children or servants become rude, stubborn or un- 
 ruly, refusing to hearken to the voice of their parents or 
 masters, the constable and overseers (where no justice of peace 
 shall happen to dwell within ten miles of the said town or par- 
 ish) have power upon the complaint of their parents or masters 
 to call before them such an offender, and to inflict such cor- 
 poral punishment as the merit of their fact in their judgment 
 shall deserve, not exceeding ten stripes, provided that such 
 children and servants be of sixteen years of age." ^ 
 
 The " Duke's Laws " originally obtained only in the shire of 
 Yorkshire, i. e., Long Island, Staten Island and Westchester 
 County, and did not go into effect in New York until 1674; 
 from that time they probably continued in effect until 1691.' 
 Meanwhile, Dutch laws and usages seem to have continued in 
 force. 
 
 On October 12, 1665, the Governor licensed one John Shutte 
 "for teaching of the English tongue at Albany." " Whereas, 
 
 ' The Colonial Laws of New York, I, 6, 7, Albany, 1894. 
 '' Ibid., I, 26. " Ibid., Historical Note, I, p. xii. 
 
224 
 
 EDUCATION IN THE COLONIES 
 
 the teaching of the English tongue is necessary in this govern- 
 ment ; I have, therefore, thought fit to give license to John 
 Shutte to be the English schoolmaster at Albany. And, upon 
 condition that the said John Shutte shall not demand any more 
 wages from each scholar than is given by the Dutch to their 
 Dutch schoolmasters, I have further granted to the said John 
 Shutte that he shall be the only English schoolmaster at 
 Albany.'" 
 
 On May i6, 1670, Governor Francis Lovelace, who had been 
 commissioned Nicolls' successor in 1667, granted a similar 
 license to Jan Jurians Beecker " to be schoolmaster at Albany." 
 "Whereas, Jan Jurians Beecker had a grant to keep the 
 Dutch school at Albany for the teaching of youth to read and 
 to write, the which was allowed of and confirmed to him by 
 my predecessor. Colonel Richard Nicolls. Notwithstanding 
 which several others not so capable, to undertake the like 
 some particular times and seasons of the year when they have 
 no other employment, where by the scholars removing from 
 one school to another do not only give a great discouragement 
 to the master who makes it his business all the year, but also 
 are hindered and become the more backwards in their learning 
 for the reasons aforesaid, I have thought fit that the said Jan 
 Jurians Beecker, who is esteemed very capable that way, shall 
 be the allowed schoolmaster for the instructing of the youth 
 at Albany and parts adjacent ; he following the said employ- 
 ment constantly and diligently and that no other be admitted 
 to interrupt him. It being to be presumed that the said 
 Beecker for the youth, and Jacob Joosten, who is allowed of 
 for the teaching of the younger children are sufificient for that 
 place." " There is one other record of Governor Lovelace's 
 supervision of education. 
 
 " An order made on behalf of Mr. Charlton for getting in his 
 
 ' The Annals of Albany, IV, l6. Joel Munsell, Albany, 1853. 
 • Ibid., V, 15-16. 
 
NEW NETHERLANDS AND NEW YORK 22S 
 
 money from the Town of Hempstead, for teaching school 
 there." 
 
 " Whereas, I am given to understand that the major part of 
 your town did, at a pubh'c meeting contract with Richard 
 Charlton to keep a school to instruct the children and youth 
 there to write and read, the which he hath performed for the 
 whole time of the contract, yet divers of the town, although 
 they have received the benefit thereof, do refuse, or too long 
 delay, the payment contracted for ; these are to require you to 
 cause speedy payment to be made unto him, according to your 
 contract, that persons of that calling be not discouraged, other- 
 wise he will have good remedy against you at law to your 
 greater charge and disparagement. Given under my hand at 
 Fort James, in New York this 21st day of March 1671. 
 
 Fran. Lovelace. 
 
 To the Justices of the Peace, Constable and Overseers at 
 Hempstead." ' 
 
 During the re- occupation of New York by the Dutch from 
 July 30, 1673 to October 22, 1674, the Governor-General and 
 his Council issued an ordinance on October i, " explaining 
 the duties and powers of the schout and schepens of Midwout, 
 Amesfoort, Breuckelen, New Utrecht, Gravesend and Bush- 
 wyck." The ordinance contained the following provision : 
 "9. The sheriff and schepens shall have power to conclude 
 on some ordinances for the welfare and peace of the inhabi- 
 tants of their district, such as laying highways, setting off lands 
 and gardens, and in like manner, what appertains to agri- 
 culture, observance of the Sabbath, erecting churches, school- 
 houses, or similar public works." Similar instructions were 
 sent to Flushing, Hemsted, Middleburgh, Jamaica, Oysterbay, 
 Southampton, Southold, Seatalcot, Huntington and East 
 Hampton on L. I., to Swanenburg, Hurley and Marbletown, 
 in the Esopus, to Elizabethtown, Woodbridge, Shrewsbury, 
 
 ' General Entries in Office of Sec'y of State, IV, 117, given in Annals of Pub- 
 lic Education, pp. 58, 59, 
 
226 EDUCATION IN THE COLONIES 
 
 Newarke, Bergen, Piscattaway and Middletown behind Achter 
 Cul, and to Staten Island and Westchester. ' In the above 
 general ordinance it was provided that all orders of any im- 
 portance on the part of the respective sheriff and schepens, 
 should be presented before publication to the chief magistrate 
 for his approval. Not long after the passing of this ordinance, 
 the officials of the town of Bergen appealed to the central 
 government concerning a school controversy which had arisen 
 in their town. 
 
 "At a Council holden in Fort Wm. Hendrick, the 24 De- 
 cember, 1673. Present — Anthony Colve, Governor-General, 
 Cornells Steenwyck, Councillor." " The schout and magis- 
 trates of the town of Bergen requesting that the inhabitants of 
 all the settlements dependent on them, of what religious per- 
 suasion soever they may be, shall be bound to pay their share 
 towards the support of the precentor and schoolmaster, etc., 
 which being taken into consideration by the Governor and 
 Council, it is ordered : That all the said inhabitants, without 
 any exception, shall, pursuant to the resolution of the magis- 
 trates of the town of Bergen, dated i8th December, 1672, and 
 subsequent confirmation, pay their share for the support of 
 said precentor and schoolmaster."' 
 
 " In a Council, holden in Fort Willem Hendrick, this 24 of 
 May, 1674. Present — Governor-General Colve, Councillor 
 Cornelis Steenwyck and Secretary Nicholaes Bayard, assumed 
 Councillor." " The schout and magistrates of the town of 
 Bergen, complaining by petition, that some of the inhabitants 
 of their dependent hamlets, in disparagement of the previous 
 order of the Governor-General and Council, dated the 24th 
 December last, obstinately refuse to pay their quota to the sup- 
 port of the precentor and schoolmaster. Ordered : The 
 Governor-General and Council persist in their previous man- 
 
 1 Laws and Ordinances of N, N, pp. 478-480. 
 ■'N. Y. Col. Doc, II, 672-3. 
 
NEW NETHERLANDS AND NEW YORK 
 
 227 
 
 date of the 24th December last and order the schout to pro- 
 ceed to immediate execution against all unwilling debtors.'" 
 
 "At a Council held in Fort Willem Hendrick, 15th June, 
 1674. Present — Governor- General Anthony Colve, Councillor 
 Cornelia Steenwyck, Fiscal Willem Knyff, and Secretary Nich- 
 olas Bayard as assumed Councillors." " On petition of 
 Lourens Andries and Joost van der Linde, agents for the in- 
 habitants of Mingagque and Pemrepogh, requesting to be ex- 
 cused from contributing to the support of the schoolmaster at 
 Bergen, &c. Ordered : Copy hereof to be furnished the magis- 
 trates of the town of Bergen to answer the same.'" 
 
 " At a Court held in Fort Willem Hendrick, on the 5th of 
 July, 1674. Present — as on May 24, 1674." "The Gov- 
 ernor and Council of New Netherland, having seen the com- 
 plaint of the town of Bergen against the inhabitants of the vil- 
 lages of Pemrepogh, Mingagqu}', &c., and the answer given by 
 them, in regard to what the inhabitants of Pemrepogh and 
 Mingagquy aforesaid, owe for the support of the schoolmaster 
 and precentor of the town of Bergen, it is after due inquiry re- 
 solved and ordered, that the inhabitants of Pemrepogh and 
 Mingagquy, shall promptly pay their share for the support 
 aforesaid, on pain of proceeding against them with immediate 
 execution."" 
 
 In 1686, Thomas Dongan was commissioned royal governor 
 of New York. Among his instructions was the following : 
 " 38. And we do further direct that no schoolmaster be 
 henceforth permitted to come from England and to keep school 
 within our province of Nev/ York without the license of the 
 said Archbishop of Canterbury. And that no other person now 
 there or that shall come from other parts be admitted to keep 
 school without your license first had." * Similar instructions 
 
 ' Ibid., II, 714. 2 /^jV., II, 720. » Tbid., II, 730. 
 
 •/lizV., Ill, 372. Until 1700, teachers' licenses were unifornnly granted by 
 the provincial authority. In that year the municipality of Albany " admitted " 
 one Bogardus as schoolmaster for the city. (Pratl's Annals, p. 75.) 
 
228 EDUCATION IN THE COLONIES 
 
 were given to Governor Sloughter, on January 31, 1689/ to 
 Governor Fletcher, on March 7, 1692,' to the Earl of Bellamont, 
 on August 31, 1697,° and to Governor Hunter, on December 
 27, 1709.* In these cases the Bishop of London was named 
 as licenser instead of the Archbishop of Canterbury." In one 
 instance the gubernatorial license seems to have been held un- 
 necessary. In the charter granted by William III. to the 
 the Reformed Dutch Church the following " concession " is 
 made. " And our will and pleasure further is, and we do here- 
 by declare that, that the ministers of said church, for the time 
 being, shall and may, by and with the consent of the elders 
 and deacons of the said church, for the time being, nominate 
 and appoint a schoolmaster and such other under officers as 
 they shall stand in need of" ^ 
 
 In 1689 the so-called Leisler rebellion occurred. The strug- 
 gle between the Dutch democracy and the English aristocracy 
 left its mark upon the school records of the time. 
 
 " To the honorable Major Richard Ingoldsby, Commander in 
 chief of their Majesties' Province of New York, &c. The humble 
 request of Rudolphus Varick, minister, and Joseph Hegeman, 
 elder of the Dutch Church in Flatbush, humbly showeth : That 
 in the late rebellion, Joannes Van Eckelen the then clerk and 
 schoolmaster of Flatbush hath always been a very great zealot for 
 the faction of Leisler &c., as may appear to your Honor, your- 
 
 ' N. V. Col. Doc, III, 688. ^ Ibid., Ill, 821. 
 
 • Ibid., IV, 288. * Ibid., V, 135. 
 
 'In 1685, the Bishop of London proposed to the Lords of Trade that he should 
 be given all ecclesiastical jurisdiction in the West Indies, and " that no school- 
 master coming from England be received without license from his Lordship, or 
 from other His Majesty's plantations virithout they take the governor's license." 
 The Board approved of these suggestions, and " the like instructions were given 
 to other governors. '' [Ibid.,Wl, 362, 363.) A precedent seems to have been 
 established at this time, which was continued as a more or less settled policy dur- 
 ing the remaining period of British control. 
 
 ' Dunshee's History of the School of the Reformed Prot. Dutch Church, pp. 
 56-57- 
 
NEW NETHERLANDS AND NEW YORK 
 
 229 
 
 self having taken letters out of his pocket at the City Hall, which 
 he was carrying to Leisler into the fort, and was very active in 
 raising men in the country to withstand their Majesties' forces. 
 Especially the aforesaid Joanes Van Eckelen hath been always 
 opposing the minister and church council in their endeavors 
 for supporting the government for the crown of England and 
 enticing people to the party of Leisler, contrary to all their ad- 
 monitions, publicly defaming the aforesaid minister, setting the 
 common people against him, offering his service to drag him 
 out of his house, by violence, to a pretended court, as also pro- 
 curing the apprehension and fining of the aforesaid elder for 
 about thirty pounds, because he endeavored to have hindred 
 their committing hostilities on the English towns on Long 
 Island. Upon the considerations and others too long to re- 
 hearse, besides other complaints as to his service in the afore- 
 said office, the church council did dismiss the aforesaid Joanes 
 van Ekelen and did forbid him more to officiate, but choose in 
 his place one Joannes Schenck, a fitter person and well affected 
 to the present government. Now your petitioners give your 
 Honor to understand that said Joanes van Ekelen hath clan- 
 destinely and without any of their knowledge procured a license 
 from your Honor, whereby he again sets up school in de- 
 fiance of their church and accustomed privileges, refusing to 
 obey the civil power, but daily affronting them, whereby he 
 draws many of the late faction to his side, to the manifest 
 scandal of their Majesties' present government, and since it 
 hath never been accustomed to have two schoolmasters in that 
 small town heretofore, your petitioners humbly pray your 
 Honor that said Joanes van Ekelen may be forbid farther to 
 teach school in Flatbush and that your honor would please to 
 authorize Joanes Schenck to be the only schoolmaster there, 
 for the reasons abovesaid, and your petitioners shall ever pray 
 for your Honor's health and happiness. 
 
 Joseph Hegeman, elder. Rudolphus Varick."' 
 
 lyV. Y. Col. MSS., XXXVIII, 4. Given in Pratt's Annals, p. 73. 
 
230 EDUCATION IN THE COLONIES 
 
 The above petition was granted at a Council held at Fort 
 William Henry, September 26, 169 1.' 
 
 "To the Right Honorable Major Richard Ingoldsbey Esq., 
 Commander-in-Chief of the Province of Newf York, and the 
 Honorable Council. The humble petition of Jaques Cortle- 
 jouir, Justice of the peace, and Rudolphus Varick, minister of 
 the gospel in Kings County, humble sheweth : That in the 
 time of the late disorders within the province one Meyndert 
 Coerten lately attained of high treason was marching with some 
 ill men from New Utrecht towards the fort against the King's 
 forces, under your Honor's command, who then did threaten 
 Joost De Baane the schoolmaster and reader of said town, to 
 turn him out of that employ because he refused to side with 
 them in their rebellion, and although the said justice and min- 
 ister since that time have endeavored to hinder the same, yet 
 nevertheless some of those ill effected persons without any 
 cause given, but in contempt of the authority, have forced the 
 said Joost de Baane to forsake the place, although the land out 
 of which the schoolmaster and reader of the town is maintained, 
 was given to the town, by the said justice, out of his proper 
 estate. Wherefore the petitioners have thought it their duty 
 to become humble suppliants in behalf of the said Joost de 
 Baane, humble offering to your Honors that it would tend 
 much to the peace and quiet of the said town that your Hon- 
 ors would be pleased to order, that the said Joost de Baane be 
 continued in the said employ as schoolmaster and reader of the 
 said town, and that he be allowed his salary as formerly from 
 the 14th of April last, since which time he was causeless turned 
 out."' The Council resolved on July 16, 1692, that " a license 
 be granted unto the said Joost de Bane to be schoolmaster of 
 New Utrecht, and that he is entitled to, and ought to receive, 
 the salary belonging to the reader and schoolmaster of said 
 
 ' Council Minutes (MS. in office ofSec'y of State), VI, 55. Text of order given 
 in Pratt's Annals, p. 73. 
 
 ' N. Y. Col. MSS., XXXVIII, 154. Given in Pratt's Annals, p. 74. 
 
NEW NETHERLANDS AND NEW YORK 
 
 231 
 
 town from the 14th of April last; and the justices be wrote to 
 and required to suffer none other to officiate in the quality of 
 a schoolmaster in the said town without a license from the 
 government, nor in the quality of reader, but by the appoint- 
 ment of the minister." ^ 
 
 As a result of the conclusion of the French and Indian War 
 in 1697, Governor Bellamont opened negotiations with the 
 Indians of the Five Nations. Among other plans which he 
 advanced at these Albany conferences, was that of religious 
 education. His promises to supply the tribes with ministers 
 from England and the neighboring country were cordially re- 
 ceived by the Indians,^ A more definite proposition, however, 
 proved unacceptable. At the fourth conference on August 29, 
 1700, Lord Bellamont promised to engage the minister at 
 Albany to learn the Indian tongue, so that they might be 
 better served in the work of the gospel. The Governor also 
 stated, " I hope in a little time to have the Bible translated 
 into your language and to have some of your children taught 
 to read, so that you may have the comfort and edification of 
 God's word, which I am sure will be hugely pleasing to you 
 when your children are able to read it to you. Now that 
 I am upon this subject, I wish you would send two or three 
 Sachems' sons out of each nation to be kept at school 
 at New York, where I will take care to have them taught to 
 write and read both English and Indian, and they shall be well 
 clothed and dieted at the King's charge, and after three or four 
 years that they are perfect in their writing and reading, they 
 shall return home to you and other boys shall come in their 
 places ; by which means you will always have those among 
 you that will understand English and will be serviceable to you 
 upon many occasions."' This offer was passed over by the 
 Sachems on the ground that they were not masters of their 
 children. " That is a matter," they said, " that relates to our 
 
 ' Council Minutes MS., VI, III. Given in VreXVi Annals, p. 74. 
 
 ' N. Y. Col. Doc, IV, 727-8, 729-730, 732-3. ' Ibid., IV, 734. 
 
232 ED UCA TION IN THE COL ON IBS 
 
 wives, who are the sole disposers of their children while they 
 are under age.'" 
 
 Governor Bellamont's successor, Edward Lord Viscount 
 Cornbury, seems to have conceived generous plans for educa- 
 tiion in the colony. In his opening address on October 20, 
 1702, to the General Assembly, a body composed of 21 repre- 
 sentatives from the counties of New York, Richmond, West- 
 chester, King's, Queen's, Suffolk, Ulster and Albany, the manor 
 of Rensselaer Wyck and the Borough of Westchester, Cornbury 
 urged the legislators to prepare a good bill " for the erecting of 
 public schools in proper places," and assured them that such a 
 bill, as well as all others for the good of the country and the 
 preservation and encouragement of the people, would always 
 receive his " ready compliance." ' Accordingly on October 30, 
 the House voted that a " public free-school " should be erected, 
 and it was ordered: " That Major Jackson do acquaint the town 
 of Hempstead, that a public free-school is designed to be 
 erected, and to enquire of them, what encouragement they will 
 allow towards the same, within the bounds of that township; 
 and that he make report thereof to the House Friday next." ' 
 On that day, November 6, Major Jackson reports that Hemp- 
 stead had voted in general town meeting to grant 100 acres of 
 land "for encouragement of a free-school to be erected in 
 the township . . . with conveniences of watering near the 
 East Meadow Point, and also , . . liberty for timber for build- 
 ing, fencing and fire-wood with other conveniences to be had 
 within the township."* On November 10, the House voted 
 that " the city and county of New York have leave to bring in a 
 bill to raise ;^50 per annum for a free-school," and Mr. French 
 and Mr. De Lancey were ordered to bring in a bill according- 
 ly.* On November 14, Mr. French presented to the House a 
 
 1 Ibid., IV, 738. 
 
 'Journal of the Central Assembly of the Colony of New York,\, 145. New 
 York, 1764. 
 
 » Ibid., I, 148. • Ibid., 1, 150. » Ibid., I, 151. 
 
NEW NETHERLANDS AND NEW YORK 233 
 
 bill entitled " An Act to enable the Mayor, Alderman and 
 commonalty of the city of New York to raise ;^50 per annum, 
 for seven years, towards maintaining a schoolmaster, within 
 the said city of New York." • On November 17, the bill was 
 sent to committee where it received some amendments.' It 
 was reported to the House on November 19, passed by that 
 body and sent up to the Council for concurrence.' On Novem- 
 ber 20 the committee of the Council * to whom the bill had 
 been committed, reported that the bill as it stood was contrary 
 to the Governor's instructions relating to the licensing of 
 schoolmasters and that it should be returned to the House for 
 amendment.' But on the House tartly insisting that the amend- 
 ment should proceed from the Council," the following proviso 
 was drawn up by the committee of the Council for insertion in 
 the bill. " Provided always that such schoolmaster, if chosen 
 from England, then to be licensed by the Right Reverend 
 father in God, the Lord Bishop of London, and approved of 
 by the governor or commander-in-chief of this province for the 
 time being. And in case any fit person shall be here found for 
 the discharge of that duty, as well as upon any vacancy that 
 may hereafter happen upon the death, absence or disability of 
 such schoolmasters, that then and in such case, the Common 
 Council of the city of New York, for the time being shall and 
 may recommend to the governor or commander-in-chief of this 
 province for the time being such fit person, qualified as afore- 
 said, for license and approbation, which is always to be had and 
 obtained before such schoolmaster be instituted to the salary 
 aforesaid, any thing herein contained to the contrary thereof 
 in any wise not withstanding." ' When the bill was returned 
 
 1 Ibid., I, 152. ' Ibid., I, 153. 'Ibid. 
 
 'The Council consisted of Governor Combury, Wm. Smith, S. S. Broughton, 
 Rip Van Dam, Caleb Heathcote, John Bridges. 
 
 * Journal of the Legislative Council of the Colony of New York, I. Albany 
 1861. ^fournal of Assembly, I, 155. 
 
 ' Council Journal, I, 186. 
 
224 ■fi'-O UCA TION IN THE CO L ONIES 
 
 to the House with the above amendment, the House desired a 
 conference of the committees of both Houses.' In this 
 conference the above amendment was amended as it stands in 
 the bill as it was finally passed by both House and Council and 
 assented to by the Governor on November 27, 1702.' 
 
 *' AN ACT FOR ENCOURAGEMENT OF A GRAMMAR FREE SCHOOL IN 
 THE CITY OF NEW YORK. 
 
 " The Mayor, Alderman and Commonalty of the City of New 
 York having represented unto the General Assembly of this 
 province the great necessity there is of having a free school in 
 the said city, for the education and instruction of youth and 
 male children ; that such pious and necessary work may re- 
 ceive due encouragement, be it enacted by his Excellency the 
 Governor and Council and Representatives convened in General 
 Assembly, and by authority of the same, that there shall be 
 hereafter elected, chosen, licensed, authorized, and appointed 
 one able, skilful and orthodox person to be schoolmaster for 
 the education and instruction of youth and male children of 
 such parents as are of French and Dutch extraction, as well 
 as of the English, may come and be instructed in the languages 
 or other learning usually taught in grammar schools. And 
 for the encouragement of such schoolmaster, be it further 
 enacted by the authority aforesaid, that henceforward annually 
 there shall be in the said city assessed, levied, collected and 
 paid for the space or term of seven years, the sum of fifty 
 pounds current money of New York for the maintenance of 
 the said schoolmaster, which said sum of fifty pounds shall be 
 assessed, levied, collected and paid by such persons, at such 
 times, in such manner and proportions, and under such penalties 
 respectively as is provided for the assessing levying, collecting 
 and paying of the sum of one hundred pounds per annum for 
 the minister of New York, by an act of Assembly intitled, an 
 Act for settling a ministry, and raising a maintenance for them 
 
 I Journal of Assembly, I, 155. ' Ibid., I, 157, 158. 
 
NEW NETHERLANDS AND NEW YORK 
 
 235 
 
 in the City of New York, County of Richmond, Westchester 
 and Queens County, made in the fourth year of King William 
 and Queen Mary. Provided always, that such schoolmaster 
 shall, from time to time, as a vacancy happens, be chosen and 
 recommended by the Common Council of the said city for the 
 time being, in order to be licensed and approved by the right 
 Honorable the Bishop of London or the Governor or Com- 
 mander-in-chief of this province for the time being, anything 
 herein contained to the contrary thereof in any ways notwith- 
 standing." ^ 
 
 About two months after the passage of this act, the Common 
 Council of the city of New York petitioned Governor Cornbury 
 to use his influence with the Bishop of London and the Society 
 for the Propagation of the Gospel for the procurement of a 
 schoolmaster, the Council being of the opinion that there was 
 no available person in the city " proper and duly qualified to 
 take upon him the office of schoolmaster of said city.'" The 
 Council also desired that the so-called King's Farm should be 
 appropriated to the projected school. In answer to this peti- 
 tion, Mr. George Muirson was " preferred " by the Governor as 
 city schoolmaster.' He was duly licensed for this post by the 
 Governor, who also attended to the payment of his salary. 
 " To Mr. George Muirson, greeting : 
 
 " I do hereby authorize and impower you to teach and keep 
 school within the city of New York, and to instruct all chil- 
 dren with whom you shall be entrusted in the English, Latin 
 and Greek tongues or languages and also in the arts of writ- 
 ing and arithmetic. You are therefore carefully and diligently 
 to discharge the duty of a schoolmaster in the said city and 
 you are to receive and enjoy all such privileges and advantages 
 
 ' The Colonial Laws of New York, I, 516-7. Albany, 1894. 
 
 ' Minutes of the N. Y. Common Council (MSS.), II, 517,5 19, 520. Given in 
 Pratt's Annals, pp. 85-6. 
 
 ' The Documentary History of the State of New York, III, 1 13. Edited by 
 E. B. O'CaUaghan, M. D., Albany, 1850. 
 
236 EDUCATION IN THE COLONIES 
 
 as to the office and place of a schoolmaster doth or may belong. 
 Whereof the mayor, all her Majesty's justices of peace and 
 other officers within the said city, are hereby required to take 
 notice and govern themselves accordingly. Given under my 
 hand and seal at arms at Fort Anne in New York, this twenty- 
 fifth day of April, 1704. Cornbury.'" 
 " To William Peartree, esq", mayor of the city of New 
 
 York : 
 
 " You are hereby directed and required to pay, or cause to 
 be paid, unto Mr. George Muirson, schoolmaster of the city of 
 New York, the sum of five and twenty pounds, for half a year's 
 salary due and ending the second Tuesday in January next, 
 for which this shall be your sufficient warrant. Given under 
 my hand and seal at Fort Anne in New York, this twentieth of 
 October, 1704. Cornbury."" 
 
 The following licenses demonstrate that Governor Cornbury 
 made frequent use of his supervisory prerogative over the 
 schoolmasters of the province. 
 
 " I do hereby authorize and impower you, Andrew Foucautt, 
 to teach an English and French school within the City of New 
 York, and to instruct all children where with you shall be 
 entrusted for the purpose in the said languages, as also in the 
 art of writing, arithmetic, &c. You are therefore carefully and 
 diligently to discharge the duty of a schoolmaster in the said 
 city, and to receive and enjoy all such privileges and advan- 
 tages as to the office and place of a schoolmaster doth and may 
 belong and appertain.'" .... Dated September 13, 1 703. 
 " To THE worthy Mr. Elias Neau, greeting : 
 
 " Reposing special trust and confidence in your ability, pru- 
 dence and integrity, have nominated, constituted and appointed, 
 
 • Deeds (MS ) in office of Sec'y of State, X, 5. Given in Pratt's Annals, p. 
 87. In 1705 Muirson went to England, and Mr. Andrew Clark was appointed by 
 the Common Council, and licensed by the Governor in his stead. {IbiJ., p 88.) 
 
 ^ N, V. Col. MSS., I, 19. Given in Pratt's Annals, p. 87. 
 
 ' Deeds (MS.), IX, 736. Given in Pratt's Annals, p. 90. 
 
NEW NETHERLANDS AND NEW YORK 
 
 237 
 
 and do hereby nominate, constitute and appoint you, the said 
 Elias Neau, to be catechist in the city of New York, and do 
 hereby give and grant unto you full license and power to cate- 
 chise all children, Indians, negroes and other persons within 
 the said city. Given under my hand and seal at Fort Anne in 
 New York this twenty-fourth day of August, 1704. 
 
 " cornbury."' 
 " Edward Viscoimt Cornbury [etc.] to Stephen Gasheris, 
 
 greeting : 
 
 "You are hereby empowered and licensed to read the ser- 
 vice of the Dutch church at Kingstown, in the county of 
 Ulster, from time to time, until you receive further orders from 
 me ; and you are likewise hereby empowered and licensed to 
 keep a writing and reading school at Kingstown aforesaid, 
 until you receive further orders from me to the contrary. 
 Given under my hand at Kingstown, this tenth day of August, 
 in the third year, &c., annoque, Dom. 1704."^ 
 " To Henry Lindley, greeting : 
 
 "I do hereby authorize and empower you to keep and teach 
 school within the town of Jamaica, in Queens County, and to 
 instruct all children with whom you shall be entrusted in the 
 English and Latin tongues, or languages, and also in the art 
 of writing and arithmetic, for and during my pleasure. Given 
 under my hand and seal at Fort Anne, in New York, this i8th 
 day of April, 1 705 . Cornbury.'" 
 
 A license similar to the above was granted to Mr. Alexander 
 Baird on March 6, 1706, for the town of Hempstead, in 
 Queens County.* On June 23, 1705, Elias Bon Repos was 
 licensed to keep school within the town of New Rochell, West- 
 chester County.' Governor Hunter renewed this license on 
 December 12, 1712.' On August 29, 1705, Mr. John Wood 
 
 '^ Deeds, X, 27. Given in Pratt's Annals, p. 91. 
 
 2 N. Y. Col. MSS., XLIX, 165. Given in Pratt's Annals, p. 91. 
 
 ^ Deeds, X, 94. Given in Pratt's Annals,-^. 91. 
 
 * Deeds, X, 171. 5 ji,id,^ x, 65. « Ibid., X, 326. 
 
238 EDUCATION IN THE COLONIES 
 
 was licensed to keep a dancing school and Mr. Prudent De La 
 Fayole, a French school, in New York City/ On December 
 5, 1705, Thomas Huddleston was licensed to teach English, 
 writing and arithmetic in Jamaica, Queens County.^ On 
 April 17, 1706, Mr. James Jeffray was authorized to keep and 
 teach school in New York City.' On May i, 1706, Mr. Ed- 
 ward Fitzgerald was given the same right in Westchester 
 County.* In July, 17 12, one Allane Jarratt obtained from Gov- 
 ernor Hunter a license " to teach writing, arithmetic and navi- 
 gation and other parts of the mathematics to all such persons 
 as shall be desirous to be instructed therein within this city or 
 province of New York," during the Governor's pleasure.* 
 
 About 1704, the Society for the Propagation of the Gospel 
 in Foreign Parts became very active in its missionary ser- 
 vices to New York. In consequence, the Provincial Govern- 
 ment appears to have thrown off for a term of years all educa- 
 tional responsibilities. In addition to supplying ministers and 
 schoolmasters to the province, the Society undertook in 1729, 
 to establish a library in New York. On September 23, 1728, 
 the Society's secretary wrote to Governor Montgomery desir- 
 ing him to advise the legislature to determine upon a proper 
 place for the large and valuable donation which the Society 
 intended to give to the use of the clergy and gentlemen of New 
 York, Jersey, Pennsylvania and Connecticut. It was also sug- 
 gested that the government should pass an act for the preserva- 
 tion of this projected library. This letter was laid before the 
 House on June 24, 1729. The House passed a vote of thanks 
 to the Society for " prefering it [New York] before any of his 
 Majesty's other plantations ... to reposite a library, in which 
 will not only redound to the reputation of this colony but be 
 vastly useful and beneficial to the inhabitants thereof." It 
 was then ordered that the Mayor and Common Council of the 
 city of New York should report upon the facilities at their 
 
 ^IiU,X, 66. ' Hid., X,8z. ' Hid., X, 112. * /did., X, 114. 
 
 "Deeds, X, 319, 310. Given in Annals, pp. 93-4. 
 
NEW NETHERLANDS AND NEW YORK 
 
 239 
 
 disposal for the library.' On June 27, Mayor Lurting reported 
 in behalf of the Common Council that they were " truly sen- 
 sible of the great advantages which may arise from so generous 
 and seasonable a present" and that they were " zealously dis- 
 posed " to provide a large room for the accommodation of the 
 library. The Mayor's letter was ordered to be entered at 
 large upon the journal of the House and the Governor was 
 requested to forward the original with a copy of the minutes 
 of the House to the venerable Society and " to assure them 
 that this House is heartily disposed to pass an act, for the due 
 preservation of the works when here." " The books were sent 
 over by the Society, but the promise of the Assembly does not 
 seem to have been kept.' 
 
 It was not until 1732 that the legislature renewed any direct 
 interest in education. On October 3 of that year a petition 
 of " sundry gentlemen " was presented to the House to bring 
 in a bill to establish a perpetual support for a master to teach 
 Latin and Greek, and it was ordered : " That leave be given to 
 bring in a bill for encouraging a public school, to teach Latin, 
 Greek, arithmetic and the mathematics, in the city of New 
 York ; and that for the encouragement of a schoolmaster for 
 that purpose, the unappropriated money, to rise by the Act for 
 licensing hawkers and peddlers, until the first day of Decem- 
 ber, 1737, be applied for that end; and that the said city make 
 up the income of that fund annually, during that time, to the 
 sum of ... . pounds ; and that in consideration thereof, the 
 said schoolmaster shall be obliged to teach gratis, the number 
 of ... . children."* Accordingly on October 5, Mr. De 
 Lancey introduced a bill on the aforesaid subject.' On Octo- 
 ber 10, the bill was read a second time and committed to a 
 
 ^Journal of the Assembly, I, 601. "^ Ibid., I, 602. 
 
 ' The History of the late Province of New York, I, 262. By the Hon. Wil. 
 liam Smith. Collections of the New York Historical Society, First Series, vol. 
 IV, New York, 1829. 
 
 * Journal of Assembly, I, 645. ^ Ibid., I, 646. 
 
240 EDUCATION IN THE COLONIES 
 
 committee of the whole House." On October 12, Mr. Garrit- 
 sen reported that the committee " had gone through the bill, 
 and made several amendments, and added several clauses 
 thereto." The report was accepted and the bill was passed 
 and sent to the Council for concurrence.'' On October 14, 
 the bill was passed by. the Council without amendment and 
 was assented to by the Governor.' 
 
 " An Act to encourage a public school in the City of New 
 York for teaching Latin, Greek and Mathematics. 
 
 "Whereas, good learning is not only a very great accomplish- 
 ment but the properest means to attain knowledge, improve the 
 mind, morality and good manners and to make men better, 
 wiser and more useful to their country as well as to themselves. 
 And whereas the City and Colony of New York abounds with 
 youths of a genius not inferior to other countries, it must un- 
 doubtedly be a loss to the public and a misfortune to such youths 
 if they are destitute of the opportunity to improve their capacities 
 by a liberal education. And whereas the Mayor and Alderman 
 and a great number of the principal inhabitants of the said 
 City of New York have by their petition to General Assembly 
 set forth that one Mr. Alexander Malcolm has, by keeping of 
 a private school within the said City given a satisfactory prooi 
 of his abilities to teach Latin, Greek and the mathematics ; 
 but as the income of that school does at present fall short of a 
 comfortable support for himself and his family, they humbly 
 pray he may have a suitable encouragement to keep a public 
 school amongst us under such regulations and restrictions as 
 may answer that end. And altho' the not rightly applying of 
 a temporary salary heretofore allowed for a free school, has 
 been the chief cause that an encouragement for the like pur- 
 pose has ever since been neglected; but in as much as the 
 present circumstances afford a better prospect, and to the end 
 our youth may not be deprived of the benefits before mentioned 
 be it enacted by his Excellency the Governour the Council and 
 
 1 /iJiV/., I, 647. '^ Ibid.,\,(ii,%. ^ Council journal, 1, 624-^,626. 
 
NEW NETHERLANDS AND NEW YORK 24I 
 
 the General Assembly, And it is hereby enacted by the 
 authority of the same that there shall be one public school 
 established and kept in the City of New York to teach Latin, 
 Greek and all the parts of mathematics from the first day of 
 December next ensuing to the first day of December v/hich 
 will be in the year one thousand seven hundred and thirty 
 seven and that the above named Alexander Malcolm shall be 
 the master thereof during that time under the regulations 
 and restrictions, and for the reward and encouragement 
 here in after mentioned. Be it further enacted by the same 
 authority that the above named school master or the school 
 master of such school for the time being, shall for and in con- 
 sideration of the encouragement here in after mentioned, be 
 and hereby is obliged during the time aforesaid to provide at 
 his own cost and charge in the said City of New York a 
 proper and convenient house or room and there in during 
 the time and term aforesaid (Sundays and usual Holydays 
 only excepted) to teach gratis and without any farther or other 
 reward or consideration from any person whatever than what 
 is allowed to him by this Act, in the best manner he is able 
 the Latin and Greek languages, arithmetic and all the other 
 branches of the mathematics, or in such of them as the said 
 school master shall be ordered and directed by the persons 
 hereinafter vested with the power to give such orders and di- 
 rections the number of twenty youths in the proportion follow- 
 ing, that is to say. For the City and County of New York, ten. 
 For the City and County of Albany, two. For King's County, 
 one. For Queen's County, one. For Suffolk County, one. 
 For Westchester County, one. For Richmond County, one. 
 For Orange County, one. For Ulster County, one. And for 
 Dutchess County, one. Be it further enacted by the authority 
 aforesaid that the youths so to be taught, are to be recom- 
 mended in manner following, that is to say; for the cities 
 and counties of New York and Albany, by the respective 
 mayors, recorders and alderman thereof. And for the sev- 
 
242 EDUCATION IN THE COLONIES 
 
 eral Counties by the Justices at the General Sessions of the 
 Peace to be held for those Counties respectively. And in such 
 Recommendations under their hands they are respectively to 
 certify the name and names of such youth, their age (which 
 is not to be under fourteen years) and that they have been 
 well instructed in reading and writing of English. And in 
 such certificate is to be added a command to the school- 
 master for the time being, to receive such youth as a scholar ; 
 who is accordingly to receive them them in his school, and to 
 teach him or them in such manner as he by such certificate 
 or order shall be directed. And the persons aforesaid are 
 hereby impowered and directed not only to grant such certifi- 
 cates and orders gratis, but in like manner from time to 
 time to supply such vacancies, as shall or may happen in the 
 said school in the said number of youths by death or other- 
 wise during the continuance of the said Act. And be it 
 enacted by the same authority that if the said Mr. Malcolm 
 or the schoolmaster for the time being shall at any time 
 during the term aforesaid refuse to receive or teach the 
 youths sent to him for that purpose in the manner above 
 mentioned, it shall absolutely barr him of the reward by this 
 Act allowed to him. Provided the number of such youths do 
 not exceed the number herein before limited ; nor shall it be 
 deemed a default in him if either of the said cities or any of 
 said counties shall at any time recommend or send a less 
 number than they hereby have a right to do. And to the 
 end the school hereby intended may be duely and orderly 
 kept and the aforesaid scholars well instructed. Be it further 
 enacted by the same authority that the Justices of the Supreme 
 Court, the Rector of Trinity Church and the Mayor, Recorder 
 and Aldermen of the City of New York for the time being or 
 the major part of them shall be and hereby are impowered 
 constituted and appointed visitors of the said school for the 
 term aforesaid and vested with a power to remove the master 
 for the time being for misbehaviour or neglect of his duty 
 
NEW NETHERLANDS AND NEW YORK 243 
 
 and upon his removal to elect appoint and establish another 
 in his place ; as also when ever the master's place is void by 
 any other means whatsoever during the term aforesaid the 
 visitors aforesaid or the major part of them are hereby further 
 authorized and impowered to elect appoint and establish master 
 in such place so become void ; and the master so by them 
 elected appointed and established shall be entitled to the salary 
 or reward hereby intended for the master aforesaid. Pro- 
 vided and be it enacted by the same authority that the before 
 named Alexander Malcolm hereby appointed master of the said 
 public school, shall not be removed during the term aforesaid 
 except for misbehaviour or neglect of his duty in the keeping 
 of the said school or in teaching of the youth in the manner 
 aforesaid. And that the said Mr. Malcolm or the school master 
 for the time being of the public school before mentioned 
 may be enabled to provide a proper school and be en- 
 couraged to teach the said number of youth in manner as 
 aforesaid be it enacted by the same authority that after the 
 money already appropriated in and by the act entitled 
 An Act for reviving an Act entitled An Act for licencing 
 hawkers and pedlars within this Colony and for paying the 
 sum of sixty pounds unto Richard Bradley Esq'r passed 
 this present session shall be paid and discharged out of that 
 fund ; all the residue of the money that shall arise from thence 
 forward until the first day of December which will be in the 
 year one thousand seven hundred and thirty seven by virtue of 
 the said act shall be and hereby is applied for and towards the 
 encouragement of such schoolmaster as aforesaid. And for the 
 orderly and effectual paying of the same to him, the treasurer 
 of this colony shall be and hereby is enjoined yearly and every 
 year during the continuance of the said act to state an account 
 of that fund deducting out of the money that has already 
 arisen or may arise thereby six pence in the pound for his 
 receiving and paying the same, as likewise what by the said 
 act and a former act he has been directed to pay out of the 
 
244 EDUCATION IN THE COLONIES 
 
 same; which account so stated he is hereby further enjoined 
 annually, between the first and the tenth day of December to 
 deliver unto his Excellency the Governor who is thereupon 
 requested to issue warrants in Council for so much as by such 
 account shall appear in the treasury by the virtue of that fund 
 payable to the said Mr. Malcolm or to the schoolmaster for the 
 time being; which warrants the said Treasurer is hereby like- 
 wise directed from time to time to pay and discharge out of the 
 said fund accordingly. And for a further encouragement to 
 the said schoolmaster or the schoolmaster for the time being, 
 be it enacted by the authority aforesaid th*t over and above 
 the sum or sums of money annually to be raised in the city of 
 New York by virtue of an act entitled An Act for settling a 
 ministry and raising a maintenance for them in the city of New 
 York, counties of Richmond, Westchester and Queen's county 
 passed in the fourth year of King William and Queen Mary 
 there shall at the same time in the same manner and by the 
 same persons be assessed levied and collected and yearty paid 
 to the treasurer of the said city during the continuance of this 
 act the sum of £ArO current money of this colony besides 
 the charge of collecting and paying the same, for which sum 
 so to be annually paid during the said term the Mayor of the 
 said city for the time being in Common Council convened is 
 yearly to issue warrants for the same on the said City 
 Treasurer payable quarterly to the above named Mr. Malcolm 
 or the schoolmaster for the time being. And the said Mayor 
 the said Treasurer and all persons who are to assess levy and 
 collect the above mentioned tax for the minister and poor are 
 hereby strictly charged and commanded to act conformable to 
 the intent and meaning of this clause. Always provided and 
 be it further enacted by the same authority that whenever the 
 fund of hawkers and pedlers shall during the term aforesaid 
 happen to exceed the sum of £Ap per annum such over-plus 
 shall remain in the Treasury, so nevertheless as that the said 
 sallary for the whole five years out of the said fund does not 
 
NEW NETHERLANDS AND NEW YORK 245 
 
 fall short of the sum of ;£'200 an3^hing to the contrary thereof 
 notwithstanding. And be it further enacted by the authority 
 aforesaid that this act shall be deemed a public act and accepted 
 as such in all courts and by all ofiEcers within this colony." ' 
 
 The above act expired by its own limitation in 1737, and 
 consequently on October 18, Mr. Simon Johnson moved for 
 leave to bring into the House a bill for its continuance.* On 
 November 30 the House resolved itself into a committee of the 
 whole House upon the bill to continue the school act of 1732; 
 "after some time spent therein a motion was made by David 
 Jones, Esq., and the question was put, whether Mr. Malcolm, 
 the Latin schoolmaster, be allowed forty pounds per annum 
 out of the moneys to arise by virtue of the Act for licensing 
 hawkers and peddlers within this colony. 
 
 " For the Affirmative. For the Negative. 
 
 Col. Matthews, Adolph Philipse, Esq., 
 
 Capt. Livingstone, Col. Beekman, 
 
 Mr. Abraham Lot, David Jones, Esq., 
 
 James Alexander, Esq., John Walter, Esq., 
 
 Mr. Speaker [Lewis Morris, Jr], Col. Hicks, 
 Col. Schuyler, Col. Chambers, 
 
 Capt. Winne, Mr. Tur Boss, 
 
 Capt. Brat, John Lecount, Esq., 
 
 Johannis Lot, Esq., Mr. Hardenbergh, 
 
 Mr. Verplank, David Pierson, 
 
 Col. Philipse [Frederick], Major Piatt, 
 
 Col. Morris [Lewis Morris, sen.J, Major Mott. 
 Col. Rensselaer. 
 
 It's carried in the affirmative [by a majority of one.] A 
 motion was made, and the question was put, whether Mr. 
 Malcolm, the Latin schoolmaster, be allowed forty pounds 
 per annum from the city of New York. 
 
 1 Col. Laws, II, 103. 
 
 ' yournal of Assembly, I, 718. 
 
246 EDUCATION IN THE COLONIES 
 
 For the Affirmative. For the Negative. 
 
 [The same as on the former [The same as on the former 
 motion, except Mr. Abraham motion, except David Jones, 
 Lot also], Mr. Hardenbergh, Esq., Col. Hicks, Mr. Harden- 
 Col. Hicks, David Jones, Esq., bergh and David Pierson, 
 David Pierson. also,] Mr. Abraham Lot. 
 
 It's carried in the affirmative [by a majority of seven.] A 
 motion was made, and the question vi^as put, whether Mr. 
 Malcolm's salary be continued for a longer period than one 
 year? It's carried in the negative.'" 
 
 On December i the House resolved itself into a committee 
 of the whole House on this bill and, after " some time spent 
 therein Mr. Speaker resumed the chair and Simon Johnson, 
 Esq., reported from the committee that they had gone through 
 the bill, altered the title, made several amendments and added 
 several clauses thereto."^ The report was agreed to by the 
 House and the bill was passed without amendment by the 
 Council,' and assented to by the Governor under the title 
 of an Act for the further encouragement of a public school in 
 the city of New York for teaching Latin, Greek and Mathe- 
 matics.* In a report made by Lieutenant-Governor Clarke to 
 the Lords of Trade on June 2, 1738, after enumerating among 
 the acts passed at the last session of Assembly the above act 
 and the Act for licensing peddlers, etc., the Governor writes : 
 "Being confident that public schools for the education of 
 youth will always find countenance from your Lordships I 
 will lay the two last bills before you without any further remarks 
 in their favor. I wish the Assembly had made the reward 
 greater than it is like to be, from the last of these bills. That 
 money was applied before to the like use, but fell short of the 
 
 ^ Ibid.,\,'j2'}. '^ Ibid., 1,12?,. ^ Council Journal,!, lot,. 
 
 » Col. Laws, II, <)T>r9Tl- The only significant difference in this act from the 
 act of 1732, besides the difference in its duration already referred to, is the fixing 
 of the minimum age limit of "recommended scholars" at nine instead of fourteen 
 years of age. 
 
NEW NETHERLANDS AND NEW YORK 
 
 247 
 
 sum intended, nor could the schoolmaster get any redress 
 though he petitioned for it or got some of his friends to move 
 the House in his behalf. It is not likely it will bring in more 
 now. However the master having at present no other way of 
 living is obliged to submit.'" 
 
 The following account bears out the Governor's statement in 
 this matter. On December 6, three days prior to the passage 
 of the school bill by the Upper House, Schoolmaster Malcolm 
 stated to the Lower House that of the £6po allowed him for 
 5 years by the Act of 1732, he had received only £22>\ 17s. 6d. 
 This shortage was due to a deficiency in the licen.se fund from 
 which one-half of his salary was ordered to be drawn. He 
 then proceeded to beg the honorable House to order the pay- 
 ment of the money due him " and relieve him from the diffi- 
 culty of so great a disappointment." After a debate upon this 
 petition, the question was put "whether the aforesaid ;^II5 2s. 
 6d. be a debt due from this colony ? " The question was car- 
 ried in the negative by a vote of 16 to 7. A motion was then 
 made and carried by a vote of 16 to 8 for the rejection of the 
 petition.'' 
 
 Three years later Alexander Malcolm sent in another peti- 
 tion to the Assembly on the same subject. At this time the 
 arrears of salary in 1738 were figured at £\\i 2S. 6d. A 
 motion was made and the question was put whether Mr. Mal- 
 colm had set forth an equitable demand in his petition. The 
 motion was carried by a vote of 14 to 9.' An act was subse- 
 quently passed by the legislature to pay £\\\ Js. 2d. to Mr. 
 Malcolm out of the license fund.* 
 
 In 1697 Governor Fletcher leased to the Episcopal Church 
 in New York a certain part of the Governor's demesne called 
 
 ^N. y. Col. Doc, VI, 118. ''Journal of Assembly, I, 730. 
 
 » Ibid., I, 788. '■Col. Laws, III, 86-7. 
 
 ' In 1784 re-named Columbia College. 
 
248 EDUCATION IN THE COLONIES 
 
 the King's Farm. This lease was vacated by Governor Bello- 
 mont, who thereby called down upon himself the anger of the 
 colonial church. In writing in justification of his action to the 
 Lords of Trade on April 13, 1699, Governor Bellomont ob- 
 serves : " Mr. Attorney General assures me that in Colonel 
 Dongan's time, he, to make his court to King James, desires 
 this farm might be appropriated to the maintenance of a Jesuit 
 school ; but King James (bigot though he was) refused, saying 
 that he would not have his governors deprived of thier conven- 
 iences.'" Bellomont's successor, Governor Cornbury, proved 
 to be of a different mind concerning this property and 
 through his influence it came into the possession of the cor- 
 poration of the parish of Trinity Church. At a meeting of the 
 church wardens and vestry on February 19, 1703, "it being 
 moved, which way the King's Farm which is now vested in 
 Trinity church should be let to farm, it was unanimously 
 agreed that the Rector and church wardens should wait upon 
 my Lord Cornbury, the Governor, to know what part thereof 
 his Lordship did design towards the college which his Lord- 
 ship designs to have built, and thereupon, to publish placarts for 
 the letting there of at the public outcry, tothe highest bidder." ' 
 Nothing came of the Governor's plans for a college. Whether 
 or not the promoters of the grammar school acts which were 
 passed in the first half of the i8th century had in mind, as it 
 has been supposed, purposes for an institution of higher learn- 
 ing it is difiScult to ascertain. At any rate no direct legislation 
 for a college occurred in the colony until 1746. 
 
 On October 23 of that year it was ordered in the Lower 
 House that " a bill be brought in for raising the sum of ;£'2,250 
 by a public lottery . . for the advancement of learning and 
 towards the founding of a college ;" and Mr. Cruger and Capt. 
 
 ^N. V. Col. Doc, lY,4go. 
 
 ' Record, I, 43. Given in The Origin and Early History of Columbia Col- 
 lege, p. 7. George H. Moore, LL. D., New York, 1890. 
 
NEW NETHERLANDS AND NEW YORK 249 
 
 Richards were appointed a committee to attend to the 
 matter.' 
 
 On October 28 Mr. Cruger reported that the committee 01 
 the whole House to whom the bill had been committed had 
 " made several amendments and added a clause thereto." ' On 
 the following day the bill as amended was passed by the Lower 
 House and sent up to the Council. On November 8 the 
 bill was passed by the Upper House without amendment,' 
 and on December 6 it was assented to by the Governor.* 
 The preamble of this Act reads as follows : " In as much 
 as it will greatly tend to the welfare and reputation of the 
 Colony that a proper and ample foundation be laid for the 
 regular education of youth, and as so good and laudable a 
 design must readily excite the inhabitants of this colony to be- 
 come adventurers in a lottery of which the profits shall be em- 
 ployed for the founding a college for that purpose. Be it 
 enacted, etc." ^ Section 14 reads: "And that the purpose of 
 founding the said college may not be obstructed by any other 
 application of the moneys to arise from the profits of the said 
 lottery, be it enacted by the authority aforesaid, that each and 
 every Representative in General Assembly, for the time being, 
 who shall hereafter in General Assembly move or consent to 
 the applying or appropriating the said moneys to any other 
 purpose whatever, than the founding the college aforesaid, shall 
 be and hereby is declared and made forever incapable of sitting 
 and voting in this or any future General Assembly, and new 
 writs shall issue accordingly."* 
 
 On February 23, 1748, Mr. Cruger moved for leave to bring 
 in a bill in the Lower House for raising ;^2,250 by a public 
 
 ' jfournal of the Votes and Proceedings of the General Assembly of the Colony 
 of New York, II, 128. New York, 1766. ^ Idid., II, 129. 
 
 ' Journal of the Legislative Council of New York, 1743-1775, p. 952. Al- 
 bany, 1861. *■ Lbid., p. 959. 
 
 » The Colonial Laws of New York, III, 607. Albany, 1894 . 
 
 ^Ihid., Ill, 614-15. 
 
250 
 
 EDUCATION IN THE COLONIES 
 
 lottery for a further provision towards founding a college, etc' 
 In committee of the whole House the amount of the sum to be 
 raised was amended to ^1,800.'' The bill as thus amended was 
 passed by the Council without further change on March 25 
 •and assented to by the Governor/ on April 8th.* Its provisions 
 were re-enacted on October 28,* as it had expired the preced- 
 ing month without a sufficient number of contributors having 
 been secured for the drawing of the lottery.' This act, together 
 "with two of the three subsequent college lottery acts, contains a 
 provision similar to that of Section 14 of the preceding act on 
 the same subject' 
 
 (Jn November 7, 1851, the Lower House ordered Capt. 
 Richard and Mr. NicoU to prepare and bring in a bill for vest- 
 ing in trustees the sum of ;^3,443 i8s. raised byway of lottery 
 for erecting a college.' The bill was brought in, amended by 
 a committee of the whole House, passed and on November 14 
 sent up to the Council.' On November 18 the Council re- 
 solved into a committee on the bill, amended it and returned 
 it to the Lower House, where the amendments of the Council 
 were accepted.'" 
 
 "An Act for vesting in trustees the sum of three thousand 
 four hundred and forty -three pounds, eighteen shillings raised 
 by way of lottery for erecting a college within this colony. 
 Whereas the sum of ;^3,443 i8s. has been raised within this 
 colony by way of lottery for erecting a college, for the educa- 
 tion of youth within the same, which sum being not conceived 
 sufficient without further additions to answer the said end of 
 
 1 Journal of the Gen. Ass., II, 226. ^ liiii., II, 228, 230. 
 
 ' Governor Clinton complained, however, that the commissioners named in this 
 
 act had been appointed without his being consulted. (jV. Y. Col. Doc, VII, 
 685.) 
 
 * Council Journal, pp. 1012, 1015. ^ Ibid., p. 1029. 
 
 6 Colonial Laws of N. K, III, 731. ' Ibid., Ill, 686-7. 
 
 8 Journal of Gen. Ass., II, 321. ' Ibid., II, 323. 
 
 ^^ Council Journal, 1085-86. 
 
NEW NETHERLANDS AND NEW YORK 
 
 251 
 
 erecting, completing and establishing a college for the advance- 
 ment of useful learning, it is conceived necessary that trustees 
 be appointed as well for the setting at interest the said sum of 
 ;^3,443 1 8s. already raised for the said purpose, as for receiv- 
 ing the contributions and donations of such persons as may be 
 charitably disposed to be benefactors and encouragers of so 
 laudable an undertaking. Be it therefore enacted by his Ex- 
 cellency the Governor, the Council, and the General Assembly, 
 and it is hereby enacted by the authority of the same, that the 
 eldest Councilor residing in this colony,' the Speaker of the 
 General Assembly, and the Judges of the Supreme Court, [the 
 Mayor of the City of New York, and the Treasurer of this 
 colony for the time being,] ^ together with James Livingston 
 Esquire, Mr. Benjamin Nicol, and Mr. William Livingston oi 
 the survivor or survivors of them the said James Livingston, 
 Benjamin Nicol and William Livingston, shall be and hereby are 
 appointed trustees for managing' the said sum of;£'3,443 i8s. and 
 for managing' any other sum or sums of money, lands, goods 
 or chattels, which may be contributed or given by any person 
 or persons whatsoever to be employed to the said use and 
 purpose of erecting, completing and establishing a college for 
 the advancement of learning within this colony. All which 
 said sum and sums of money they the said trustees [and the 
 major part of them and of the survivors of them] ^ shall be and 
 hereby are impowered, required and directed to put out at in- 
 terest, yearly and every year, together with the interest arising 
 thereon, until the same shall be employed for the use and pur- 
 pose of erecting or establishing a college for the advancement 
 of learning within this colony, in such manner as shall by some 
 Act or Acts hereafter to be passed for that purpose be directed. 
 And be it further enacted by the authority aforesaid, that if 
 
 ■ Amended by the Council from "President of the Council." 
 ' The parentheses indicate Council amendment. 
 ' Amended from " receiving and taking into their hands." 
 'Amended from "receiving." 
 
252 
 
 EDUCATION IN THE COLONIES 
 
 any lands, tenements or hereditaments shall be given by any 
 person or persons whatsoever towards founding the said col- 
 lege, the aforesaid trustees and the major part of them and of 
 the survivors of them shall be, and hereby are enabled to let 
 the same to farm to the best advantage, for advancing the said 
 undertaking [rendering the rent to the treasurer of this colony, 
 for the time being for the use and purpose aforesaid.]' And 
 be it further enacted by the authority aforesaid that the treas- 
 urer of this colony shall and he is hereby required and directed 
 [to pay to the borrowers such sum and sums of money afore- 
 said, from time to time, as shall be specified in the securities 
 by them to be given, with the consent of the major part of the 
 trustees aforesaid or of the survivors of them, which securities 
 shall be in the names of two or more of the trustees aforesaid 
 consenting, with conditions for the payment of the money and 
 interest therefrom arising, to the treasurer of this colony for 
 the time being for the use and purpose aforesaid and such 
 securities given as aforesaid shall be to the said treasurer good 
 vouchers and discharges for the sums paid thereon by him and 
 therein mentioned.]' And be it further enacted by the author- 
 ity aforesaid, that the aforesaid trustees shall be and hereby are 
 enabled to receive proposals from any of the cities or counties 
 within this colony, which shall be desirous of having the said 
 college erected within their said cities or counties, touching 
 the placing or fixing the same therein respectively. And the 
 said trustees [and every of them] shall be and hereby are re- 
 quired to render a just and true account on oath of all their 
 proceeding in the premises, to the Governor, Council and 
 General Assembly, when by them or any of them, thereunto 
 required."^ 
 
 On November 9, 1752, two days before the close of the ses- 
 sion, the Lower House resolved, neinine contradicente , to take 
 
 ' The parentheses indicate Council amendment. 
 * Col. Laws, III, 842-44. 
 
NEW NETHERLANDS AND NEW YORK 253 
 
 into consideration at their next meeting " the establishing a 
 seminary for the education of youth " within the colony/ At 
 the convening of the legislature on May 30, 1753, Governor 
 Clinton observed in his opening address to the Assembly: 
 "The resolution you made at the close of the last session for 
 establishing a seminary for the education of youth within this 
 colony is laudable and worthy your diligent persecution and 
 most serious attention." ' 
 
 On June 6 the Lower House ordered Mr. Cruger and Mr. 
 Livingston to prepare another lottery bill in aid of the projected 
 college and on the same day a bill for raising £\,\2i^ was pre- 
 sented.' After amendment by the House in committee of the 
 whole,* the bill was sent on June 13 to the Council, where it 
 was passed without amendment on June 25.* On July 4 it was 
 signed by the Governor.' On the same day the Governor also 
 signed a bill which provided for the continuance of the excise 
 duty until 1767. The Act furthermore directed that "whereas 
 it has been the intention of the legislature for several years 
 past to establish a seminary within this colony for the educa- 
 tion of youth in the liberal arts and sciences, and as, at present, 
 no other means can be devised," iTsoo of the excise revenue 
 is to be paid annually for seven years by the colony treasurer 
 to the trustees of the projected college, who are to distribute 
 that sum " in salaries for the chief master or head of the sem- 
 inary by whatever denomination he may be hereafter called, 
 and for such and so many other masters and officers, uses and 
 purposes concerning the establishment of the said seminary as 
 the said trustees shall from time to time in their discretion 
 think needful." The trustees are also directed to ascertain the 
 tuition fees of the college and to be ready at all times to report 
 thereon to the government.' 
 
 The day before this Act was passed the Assembly having 
 
 ' Journal of Gen. Ass., II, 336. ' Ibid., II, 337. ' Ibid., II, 339. 
 
 * Ibid., II, 340. " Council Journal, p. III7. « Ibid., p. II23. 
 
 ' Col. Laws, III, 908-910. 
 
254 
 
 EDUCATION IN THE COLONIES 
 
 been " informed that a report had been raised and industriously 
 propagated that in case the money raised by lottery for erect- 
 ing a college . . . should prove insufificient for that purpose, 
 the General Assembly intend to supply the deficiency by a tax 
 on the people, that the said college, if erected, was to be sup- 
 ported and maintained by taxes ; and that the sum of ^500 
 appropriated out of the excise fund for establishing a seminary 
 of learning . . . was to be repaid . . . by a tax on the people 
 . . . Resolved, nemine contradicente, that the said report is 
 groundless, false and malicious, and is calculated and intended 
 to raise and infuse jealousies into the minds of the good people 
 of this colony of their Representatives in General Assembly and 
 other sinister purposes." ' 
 
 On November i, 1754, the Lower House was informed that 
 the college trustees were in attendance to make a majority 
 and a minority report to the House, and it was moved that 
 these reports should be entered at large upon the journal of 
 the House. The motion was carried in the afifirmative, 14 to 
 8. The majority report signed by John Chambers, Daniel 
 Hosmanden, Edward Holland, James Livingston, Benjamin 
 NicoU and A. de Peyster, gave an account of the disposition of 
 the lottery funds on the part of the trustees and likewise stated 
 that an offer had been made to them by the rector and inhab- 
 itants of the city of New York in communion with the Church 
 of England to give a reasonable quantity of the church farm 
 for the erecting and use of a college, and that no proposal had 
 been made to them by any other person for that purpose. 
 Trustee William Livingston in his minority report protested 
 against certain doings of the major part of the trustees which 
 they had not set down in their report to the legislature. He 
 stated that in the preceding month of May the trustees had 
 petitioned the Governor for a charter of incorporation. They 
 had also declared in this address that they were willing to 
 accept the offer of Trinity church with its accompanying con- 
 
 ' Journal of the Gen. Ass., II, 350. 
 
NEW NETHERLANDS AND NEW YORK 
 
 255 
 
 ditions that the Master of the college be a member of the Es- 
 tabHshed Church, and that the liturgy of that church be the 
 " constant morning and evening service, used in that college 
 forever." William Livingston set down 20 articles of objec- 
 tion against the implication of this petition and the draft of the 
 charter which the other trustees had drawn up. He urged 
 that the establishment of the Church of England liturgy in the 
 college without the consent of the legislature would be unjust 
 to the other denominations whose representatives had already 
 voted for the support of the college ; that no religious tests 
 had been prescribed by the legislature for the college officers ; 
 that in the legislature only lay the power to accept gifts of 
 land for the locating of the college, and that they alone had 
 the right to incorporate that institution.' 
 
 On November 6, the House resolved, " nemine contradicente , 
 that this House will not consent to any disposition of the 
 moneys raised by way of lottery for erecting and establishing 
 a college . . . than by act or acts of the legislature of this 
 colony, hereafter to be passed for that purpose." ' At the same 
 time leave was given to Mr. Livingston to bring in a bill of in- 
 corporation. On November 26, the day appointed for the third 
 reading of the bill, Captain Walton moved, in view of the facts 
 that the bill was of the utmost consequence to the people with 
 respect to both their religious and civil liberties and that the 
 advanced season of the year did not allow of its receiving that 
 attention that its vast importance required, that its further con- 
 sideration should be postponed to the next session and that in 
 the meantime it should be printed for the benefit of constituents. 
 And it was so ordered.^ On this same day Mr. Cruger moved for 
 leave to bring in a bill for raising £\\2i, by lottery for the 
 college.* The motion was debated and then carried in the 
 
 ' yournal of Gen. Ass., II, 395-402. ' Ibid., II, 404. 
 
 ^ Ibid., II, 412-13. 
 
 * This was a measure to provide for the re enaction of the lottery bill of July 4, 
 1753, which had already been re-enacted on December 12, 1753. {^Council 
 Journal, 1 144.) 
 
256 EDUCATION IN THE COLONIES 
 
 affirmative, 12 to 9.' On November 28, the day appointed for 
 the second reading of this bill, Mr. Livingston moved its 
 postponement to the next meeting of the legislature ; but the 
 motion was lost by a vote of 12 to 14.' The House then 
 resolved itself into a committee of the whole upon the bill. 
 A motion of Mr. Livingston that the whole amount of the 
 money arising from the lottery should remain in the hands of 
 the managers of the lottery, no part being given over to the 
 trustees, was lost by a vote of 12 to 15. A motion of Mr. 
 Nicoll that the clause providing for the expulsion from the 
 House of any member who might move or consent to the 
 appropriation of the lottery money to any other purpose 
 except that of the college might be struck out, was carried 
 by a vote of 16 to 11." The bill was signed by the Governor 
 on December 7.* Meanwhile, the Governor had also signed 
 the charter that was desired by the majority of the trustees. 
 
 " George the Second, by the grace of God, of Great 
 Britain, France, and Ireland, King, Defender of the Faith, etc. 
 To all whom these presents shall come. Greeting : Whereas, 
 by several acts of the Governor, Council, and General 
 Assembly of our Province of New York, divers sums of money 
 have been raised by public lotteries, and appropriated for the 
 founding, erecting, and establishing a college in our said 
 government, for the education and instruction of youth in the 
 liberal arts and sciences : And Whereas, the rector and in- 
 habitants of the city of New York in communion of the 
 Church of England as by law established, for the encouraging 
 and promoting the same good design, have set apart a parcel 
 of ground for that purpose, of upwards of three thousand 
 pounds value, belonging to the said corporation, on the west 
 
 ^ Journal of Assembly, II, 419. " Ibid., II, 421. 
 
 ^ Ibid., II, 422. On November 27, 1756, an act was passed which incorporated 
 this motion, and extended its application to similar provisions in the lottery acts of 
 1746, 1748 and 1753. {Col. Laws, IV, 105-6.) 
 
 ' Council Journal, 1 181. 
 
NEW NETHERLANDS AND NEW YORK 
 
 257 
 
 side of the Broadway, in the west ward of our city of New 
 York, fronting easterly to Church street, between Barclay 
 street and Murray street, four hundred and forty foot; and from 
 thence running westerly, between and along the said Barclay 
 street and Murray street, to the North river ; and also, a street, 
 from the middle of the said land, easterly to the Broadway, of 
 ninety foot, to be called Robinson street. And have declared 
 that they are ready and desirous to convey the said land in 
 fee, to and for the use of a college, intended and proposed to 
 be erected and established in our said province, upon the 
 terms in their said declaration mentioned : And Whereas, our 
 loving subjects, the trustees, appointed in and by an act of the 
 Governor, Council, and General Assembly of our said Province 
 of New York, entitled an Act for vesting in trustees the sum 
 of three thousand four hundred and forty three pounds, 
 eighteen shillings, by way of lottery, for erecting a college 
 within this colony, esteeming the said lands offered and set 
 apart by the said rector and inhabitants of the city of New 
 York, in communion of the Church of England, as by law 
 established, the most convenient place for the building, erect- 
 ing and establishing a college, in our said province, have, by 
 their humble petition, presented to our trusty and well-beloved 
 James De Lancey, Esq., our Lieutenant-Governor and Com- 
 mander-in-Chief of our said Province of New York, in Council, 
 prayed our letters patent of incorporation for the better estab- 
 lishing, erecting, and building a college, on the said lands, and 
 the more effectually governing, carrying on, and promoting 
 the same, and instructing of youth in the liberal arts and 
 sciences : Wherefore, We, being willing to grant the reason- 
 able request and desire of our said loving subjects, and to en- 
 courage the said good design of promoting a liberal education 
 among them, and to make the same as beneficial as may be, 
 not only to the inhabitants of our said Province of New York, 
 but to all our colonies and territories in America : Know Ye, 
 that We, considering the premisses, do of our especial grace. 
 
258 
 
 EDUCATION IN THE COLUMES 
 
 certain knowledge, and mere motion, by these presents, will, 
 grant, constitute, and ordain, that when, and as soon as 
 the said rector and inhabitants of the city of New York, 
 in communion of the Church of England, as by law estab- 
 lished, shall legally convey and assure the said herein be- 
 fore mentioned lands to the corporation, or body politic, 
 erected and made by these our letters patent, that there be 
 erected and made on the said lands, a college, and other build- 
 ings and improvements, for the use and conveniency of the 
 same, which shall be called and known by the name of King's 
 College, for the instruction and education of youth in the 
 learned languages, and liberal arts and sciences ; and that in 
 consideration of such grant, to be made by the rector and in- 
 habitants of the city of New York, in communion of the Church 
 of England, as by law established, the president of the said 
 college, for the time being, shall forever hereafter be a member 
 of, and in communion with the Church of England, as by law 
 established ; and that the governors of the said college, and 
 their successors, forever, shall be one body corporate and 
 politic, in deed, fact and name, and shall be called, named and 
 distinguished, by the name of the Governors of the College of 
 the Province of New York, in the City of New York, in America, 
 and them and their successors, by the name of the Governors 
 of the College of the Province of New York, in the City of New 
 York, in America, one body corporate and politic, in deed, fact 
 and name, really and fully, we do for us, our heirs and suc- 
 cessors, erect, ordain, make, constitute, declare and create by 
 these presents, and that by that name, they shall and may have 
 perpetual succession : And we do for us, our heirs, and suc- 
 cessors, for the continuance and better establishment of the 
 said college, will, give grant, ordain, constitute and appoint, 
 that in the said college, to be erected and built upon the lands 
 aforesaid, there shall from henceforth forever be a body corpor- 
 ate and politic, consisting of the Governors of the College of the 
 Province of New York, in the City of New York, in America; 
 
NEW NETHERLANDS AND NEW YORK 259 
 
 and for the more full and perfect erection of the said corpora- 
 tion and body politic, consisting of the Governors of the College 
 of the Province of New York, in the City of New York, in 
 America, we do will, grant, ordain, constitute, assign, limit and 
 appoint, by these presents, the most Reverend Father in God, 
 our trusty and well beloved Thomas, Lord Archbishop of 
 Canterbury, and the most reverend the Lord Archbishop of 
 Canterbury for the time being; the right honorable Dunk, Earl 
 of Halifax, first Lord Commissioner for Trade and Plantations 
 for the time being ; our now Lieutenant Governor and Com- 
 mander-in-chief of our said Province of New York, and the 
 Governor or Commander-in-chief of our said Province for the 
 time being ; the eldest Councilor of our said province now and 
 for the time being; the Judges of our Supreme Court of 
 Judicature of our said province now and for the time being; 
 the Secretary of our said province now and for the time being ; 
 the Attorney General of our province now and for the time be- 
 ing ; the Speaker of the General Assembly of our said province 
 now and for the time being ; the Treasurer of said province now 
 and for the time being ; the Mayor of our city of New York in 
 our said province now and for the time being ; the rector of 
 Trinity Church in our said city of New York now and for the 
 time being ; the senior minister of the Reformed Protestant 
 Dutch Church in our said city now and for the time being ; the 
 minister of the ancient Lutheran Church in our said city now 
 and for the time being ; the minister of the French Church 
 in our said city now and for the time being; the minister 
 of the Presbyterian Congregation in our said city for 
 the time being; the president of the said college, appointed by 
 these presents, and the president of the said college for the 
 time being, to be chosen as herein after is directed, and twenty 
 four other persons, who shall be called and named, and are 
 hereby called and named, the Governors of the College of the 
 Province of New York, in the City of New York in America ; 
 and for that purpose we have elected, nominated, ordained, 
 
26o EDUCATION JN THE COLONIES 
 
 constituted, limited and appointed, and by these presents do, 
 for us, our heirs and successors, elect, nominate, ordain, con- 
 stitute, limit, and appoint, the said most Reverend Father in 
 God, Thomas, Lord Archbishop of Canterbury, and the Lord 
 Archbishop of Canterbury for the time being ; the right honor- 
 able Dunk, Earl o Halifax, first Lord Commissioner for Trade 
 and Plantations for the time being; our now Lieutenant Gov- 
 ernor and Commander-in-chief of our Province of New York, 
 and the Governor or Commander in chief of our said Province 
 for the time being ; the eldest Councilor of our said Province 
 now and for the time being ; the Judges of our Supreme Court 
 of Judicature of our said Province now and for the time being; 
 the Secretary of our said Province now and for the time being ; 
 the Attorney General of our said Province now and for the time 
 being ; the Speaker of the General Assembly of our said Prov- 
 ince now and for the time being ; the Treasurer of our said 
 Province now and for the time being ; the Mayor of our said 
 city of New York now and for the time being ; the rector of 
 Trinity Church in our said city now and for the time being; 
 the senior minister of the Reformed Protestant Dutch Church 
 in our said city now and for the time being ; the minister of 
 the ancient Lutheran Church in our said city now and for the 
 time being ; the minister of the French Church in our city now 
 and for the time being ; the minister of the Presbyterian Con- 
 gregation in our said city for the time being ; the president of 
 the said college, appointed by these presents, and the president 
 of the said college for the time being ; and Archbishop Ken- 
 nedy, Joseph Murray, Josiah Martin, Paul Richard, Henry 
 Cruger, William Walton, John Watts, Henry Beekman, Philip 
 Ver Planck, Frederich Philipse, Joseph Robinson, John Cruger, 
 Oliver De Lancey, James Livingston, Esquires, Joseph Read, 
 Nathaniel Marston, Joseph Haynes, John Livingston, Abraham 
 Lodge, David Clarkson, Leonard Lispenard and James De 
 Lancey the younger, gentlemen, to be the present governors of 
 the said college ; and we do by these presents ordain and appoint 
 
NEW NETHERLANDS AND NEW YOKK 261 
 
 our well beloved Samuel Johnson, Doctor of Divinity, to be the 
 first and present president of the said college, for and during 
 his good behaviour ; and do will that he and the president for 
 the time being after him, who shall also hold his office during 
 good behaviour, shall have the immediate care of the education 
 and government of the students that shall be sent to and ad- 
 mitted into the said college for instruction and education, ac- 
 cording to such rules and orders as shall be made by the 
 governors of the said college ; and they are by these pres- 
 ents made and constituted a body corporate and politic, 
 by the said name of the Governors of the College of the Prov- 
 ince of New York, in the City of New York, in America ; and 
 they and their successors, by the said name of the Governors 
 of the College of the Province of New York, in the City 
 of New York, in America, be, and for ever hereafter shall 
 be, a body politic and corporate, in deed, fact and name, 
 and shall be capable and able in law to sue and be sued, 
 implead and be impleaded, answer and be answered unto, 
 defend and be defended, in all courts and places, before us, our 
 heirs and successors, and before all and any the judges, justices, 
 officers and ministers of us, our heirs and successors, in any 
 court or courts, place and places whatsoever, in all and all 
 manner of actions, suits, complaints, pleas, causes, matters and 
 demands whatsoever, and of what kind or nature soever, in as 
 full, ample manner and form as any of our other liege subjects 
 of our said Province of New York can or may sue and be 
 sued, implead and be impleaded, defend and be defended, by 
 any lawful ways and means whatsoever. And, also, that they 
 and their successors, by the said name of the Governors of the 
 College of the Province of New York, in the City of New York, 
 in America, be, and forever hereafter shall be a body corporate, 
 capable and able in law to purchase, take, hold, receive, enjoy 
 and have any messuages, houses, lands, tenements and heredita- 
 ments, and real estate whatsover, in fee simple, or for term of 
 life, or lives, or years, or in any other manner howsoever, for 
 
262 EDUCATION IN THE COLONIES 
 
 the use of the said college ; provided alwa3's, the clear yearly 
 value thereof do not exceed the sum of two thousand pounds 
 sterling ; and also goods, chattells, books, moneys, annuities, 
 and all other things of what nature and kind soever. And, 
 also, that they and their successors, by the same name of the 
 Governors of the College of the Province of New York, 
 in the City of New York, in America, to and for the use of the 
 said college, shall and may have full power and authority to 
 erect and build any house or houses, or other buildings, as 
 they shall think necessary or convenient ; and also to give, 
 grant, bargain, sell, demise, assign, or otherwise dispose of all 
 or any messuages, lands, tenements, rents and other heredita- 
 ments, and real estate, and all goods, chattells, money and other 
 things whatsoever, as to them shall seem fit, either in the 
 payment of the salary or salaries of the president, fellows and 
 professors of the said college, or any other officers or ministers 
 of the same, at their will and pleasure ; excepting always, and 
 it is, nevertheless, our true intent and meaning that the said 
 governors of the said college for the time being, and their 
 successors, or any of them, shall not do or suffer to be done, 
 at any time hereafter, any act or thing whereby or by means 
 whereof the lands set apart and offered to be conveyed by the 
 rector and inhabitants of the city of New York, in commun- 
 ion of the Church of England as by law established, for the 
 use of the college, or any part thereof, shall be vested, 
 conveyed, or transferred, to any other person, contrary to the 
 true meaning hereof, other than by such leases as are here- 
 after mentioned : Our will and pleasure is, therefore, and we do 
 for us our heirs and successors will and ordain, that no grant 
 or lease of the said land, or any part thereof, shall be made 
 by the said governors of the said college which shall 
 exceed the number of twenty-one years, and that either in 
 possession or not above three years before the end and expira- 
 tion or determination of the estate or estates in possession. 
 And we do by these presents will, ordain and direct, that the 
 
NEW NETHERLANDS AND NEW YORK 263 
 
 said governors of the said college (except always the Lord 
 Archbishop of Canterbury for the time being, and our 
 first Lord Commissioner for Trade and Plantations) do, at 
 their first meeting, after the receipt of these our letters patents, 
 and before they proceed to any business of and concerning the 
 said college, take the oaths appointed to be taken by an act 
 passed in the first year of our late Royal Father's reign, en- 
 titled, [an Act for the further security of his Majesty's person 
 and government, and the succession of the Crown, in the heirs 
 of the late Princess Sophia, being Protestants, and for extin- 
 guishing the hopes of the pretended Prince of Wales, and his 
 open and secret abettors], and make and subscribe the declar- 
 ation mentioned in an Act of Parliament made in the twenty 
 fifth year of the reign of King Charles the second, entitled, 
 [an Act for preventing dangers which may happen from popish 
 recusants] ; as also, an oath, faithfully to execute the trust re- 
 posed in them, as members of the said corporation, which oaths 
 we authorize and empower the justices of our Supreme Court 
 of Judicature, for our said Province of New York for the time 
 being, any or either of them to administer ; and that when, and 
 as often as any person or persons, either by his ofifice or place 
 in our said government, or elsewhere, (-except always the Lord 
 Archbishop of Canterbury for the time being, and our first 
 Lord Commissioner for Trade and Plantations for the time 
 being), or by choice of the said governors of the said college, 
 shall become, or be chosen a member or members of the said 
 corporation, they shall, before they are admitted, or enter into 
 the said office or trust, take the said oaths, and subscribe the 
 said declaration to be administered to them in the manner above 
 directed. And we do further will, ordain, and direct, that the 
 governors of the said college, shall yearly, and every year here- 
 after, forever, on the second Tuesday in the month of May, in 
 every year, meet together in our said city of New York, for 
 the better taking care of, and promoting the interest of the 
 said college; and that the said governors of the said college 
 
264 EDUCATION IN THE COLONIES 
 
 or any fifteen or more of them being met, shall be a legal meet- 
 ing of the said corporation, and they, or the major part of them 
 so met, shall have full power and authority to adjourn from day 
 to day, as the business of the said college may require, and to 
 do, execute, and perform, all and every act and acts, thing and 
 things whatsoever, which the said governors of the said college 
 are, or shall by these, our letters patent, be authorized and im- 
 powered to do, act, or transact, in as full and ample manner, 
 as if all and every of the members of the said corporation were 
 present. And we do will, ordain, and direct, that as our right 
 trusty and well beloved Thomas, Lord Archbishop of Canter- 
 bury, and the Lord Archbishop of Canterbury for the time 
 being, and our said first Lord Commissioner for Trade and 
 Plantations, and the first Lord Commissioner for Trade and 
 Plantations for the time being, cannot attend the meetings of 
 the said corporation, they and each of them shall, from time 
 to time, have full power and authority to appoint a proxy, in 
 writing, under their hand and seal, which person or persons 
 so appointed by them, and each of them shall and may represent 
 them, and each of them, respectively, according to such appoint- 
 ment, and shall have full power to vote and act as a governor 
 or governors of the said corporation, at any and every meeting 
 of the said corporation, as fully and amply as if they, the con- 
 stituents, and each of them were present at every such meeting 
 or meetings ; and in case any other meeting or meetings of the 
 said governors of the said college shall, at any time or times, 
 be judged and deemed necessary for the carrying on and pro- 
 moting of the business and interest of the said college, or the 
 government thereof, by any five members of the said corpora- 
 tion, we do, by these presents, authorize and impower such five 
 members, by writing, under their hands, to direct the clerk 
 of the said corporation to give notice of the day appointed by 
 them, for such meeting, at the said city of New York, by ad- 
 vertising the same in one or more of the public newspapers, 
 at least, seven days before such meeting; and, that at such 
 
NEW NETHERLANDS AND NEW YORK 265 
 
 meeting, the said clerk, before entering on any business, shall 
 certify such notification, under his hand, to the Board then met; 
 provided, always, fifteen or more of the said members shall be 
 then met together, which said fifteen or more members, so met, 
 in pursuance of such notification, shall be a legal meeting of 
 the said governors of the said college; and they, or the major 
 part of them so met, shall have full power and authority to ad- 
 journ from day to day, as the business of the said college may 
 require, and to do, transact, and perform, all matters and things 
 whatsoever, that the said governors of the said college are, or 
 shall be authorized and impowered to do, by these presents. 
 And, of our further grace, certain knowledge, and mere motion, 
 to the intent that the said corporation and body politic, may 
 answer the end of their erection and constitution, and may 
 have perpetual succession and continue forever, we do for us, 
 our heirs, and successors, give and grant unto the said gover- 
 nors of the said college of the Province of New York, in the 
 city of New York in America, and to their successors for ever, 
 that when and as often as they or any fifteen or more of the 
 said members of the said corporation or of their successors 
 shall be met together at their said yearly meeting herein before 
 appointed, or at any other meeting upon notification, as afore- 
 said, for the service of the said college, that the Governor or 
 Commander in chief of our said Province of New York, and, in 
 his absence, the first person in rank in our said government, 
 who holds his place as a governor of the said corporation by his 
 office, place, or dignity, and, in the absence of such, the eldest 
 governor or member of the said corporation then present, such 
 seniority to be taken according as they are named in this char- 
 ter, during the lives of the present governors, and after their 
 death, the seniority to be taken and accounted as they have 
 been a longer or shorter time governors of the said corporation, 
 shall preside at such meeting from time to time, and that at such 
 meeting or meetings from time to time, they or the major part 
 of them so met, shall have full power and authority to elect, 
 
266 EDUCATION IN THE COLONIES 
 
 nominate, and appoint any person to be president of the said 
 college in a vacancy of the said presidentship for and during 
 his good behaviour ; provided, always, such president elect or 
 to be elected by them, be a member of, and in communion with 
 the Church of England, as by law established ; and also, to 
 elect one or more fellow or fellows, professor or professors, 
 tutor or tutors, to assist the president of the said college 
 in the education and government of the students belonging to 
 the said college, which fellow or fellows, professor or professors, 
 tutor or tutors, and every of them, shall hold and enjoy their 
 said office or place, either at the will and pleasure of the gov- 
 ernors of the said corporation, or during his or their good 
 behaviour, according as shall be agreed upon between such 
 fellow or fellows, professor or professors, tutor or tutors, and 
 the said governors of the said college, provided, always, such 
 fellow or fellows, professor or professors, tutor or tutors, before 
 they or either of them enter into or take upon themselves such 
 office, do take the oaths and subscribe the declaration herein be- 
 fore directed, to be taken and subscribed by the governors of the 
 said colleges before they enter upon their said respective offices; 
 and that when and as often as any or either of the said offices 
 shall become vacant by death or otherwise, the said governors 
 or the major part of any fifteen or more of them so met as 
 aforesaid, shall have full power to elect, nominate and appoint, 
 other or others in their places, upon the same proviso or con- 
 dition as aforesaid ; and, also, to elect, nominate and appoint, 
 upon the death, removal, refusal to qualify, or other vacancy 
 of the place or places, of any governor or governors of the 
 said corporation not holding his office or place as a member 
 of the same, by the virtue of any other station, office, place, 
 or dignity, from time to time, other or others in their 
 places or stead as often as such vacancy shall happen, which 
 governor or governors so from time to time elected and ap- 
 pointed, shall, by virtue of these presents, and of such election 
 and appointment be vested with all the powers, authoritys, and 
 
NEW NETHERLANDS AND NEW YORK 267 
 
 privileges, which any governor of the said corporation is hereby 
 invested with. And, we do further, of our especial grace, 
 certain knowledge, and mere motion, for us, our heirs, and 
 successors, grant and ordain that when and often as the pres- 
 sident of the said college, or any fellow, professor or tutor 
 holding his place during good behaviour shall misdemean him- 
 self in his or their said offices, and thereupon a complaint or 
 charge in writing of such misdemeanour shall be exhibited 
 against him or them by any member of the said corporation, 
 at any meeting or meetings of the said corporation met and 
 convened as aforesaid, that it shall be lawful for the said 
 members of the said corporation then met, or the major part 
 of them from time to time, upon examination and due proof, 
 to suspend or discharge such president, fellow, professor, 
 or tutor, from his said office, and other or others in his or 
 their place or places to appoint; and, we do further 
 for us, our heirs, and successors, will and grant that the 
 said governors of the said college, or the major part of any 
 fifteen or more of them convened and met as aforesaid, shall 
 and may, from time to time, as occasion may require, elect, 
 constitute, and appoint, a treasurer, clerk and steward, for the 
 said college, and to appoint them and each of them their 
 respective business and trusts, and to displace and discharge 
 from the service of the said college such treasurer, clerk, or 
 steward, and to elect other or others in their places and stead; 
 and such treasurer, clerk and steward, so elected and appointed, 
 we do for us, our heirs, and successors, by these presents con- 
 stitute and establish in their offices, and do give them full 
 power and authority to exercise the same in the said college, 
 according to the direction and during the pleasure of the said 
 governors of the said college, or the major part of any fifteen 
 or more of them convened as aforesaid, as fully and freely as 
 any other the like officers in any of our universities or any of 
 our colleges in that part of our kingdom of Great Britian called 
 England, lawfully may and ought to do. And we do further, of 
 
268 EDUCATION IN THE COLONIES 
 
 our especial grace, certain knowledge, and mere motion, give 
 and grant unto the said governors of the said college, that they 
 and their successors, or the major part of any fifteen or more 
 of them convened and met together in manner aforesaid, shall 
 and may direct and appoint what books shall be publicly read 
 and taught in the said college, by the president, fellows, pro- 
 fessors, and tutors, and shall and may, under their common 
 seal, make and set down, and they are hereby fully impowered, 
 from time to time, to make and set down in writing, such laws, 
 ordinances, and orders, for the better government of the said 
 college, and students and ministers thereof, as they shall think 
 best for the general good of the same, so that they are not 
 repugnant to the Jaws and statutes of that part of our kingdom 
 of Great Britian called England, or of our said province of New 
 York, and do not extend to exclude any person of any religious 
 denomination whatever from equal liberty and advantage of 
 education, or from any the degrees, liberties, privileges, bene- 
 fits, or immunities of the said college, on account of his 
 particular tenets in matters of religion ; and such laws, ordin- 
 ances and orders, which shall be so made as aforesaid, we do 
 by these presents, for us, our heirs, and successors, ratify, 
 confirm, and allow, as good and effectual to bind and oblige 
 all and every the students and officers and ministers of the said 
 college ; and we do hereby authorize and impower the said 
 governors of the said college, or the major part of any fifteen 
 or more of them, at any of their meetings convened as aforesaid, 
 and the president, fellows, and professors for the time being, to 
 put such laws, ordinances, and orders, in execution, that is to 
 say, such as inflict upon any student the greater punishments 
 of expulsion, suspension, degradation, and public confession, 
 by the governors of the said college, or the major part of any 
 fifteen or more of them, convened and met together as afore- 
 said only ; and such as inflict the lesser punishments, by the 
 president, fellows and professors, or any of them, according to 
 the true intent of such laws, ordinances, and orders, as shall 
 
NEW NETHERLANDS AND NEW YOklC 
 
 269 
 
 be made in pursuance of these presents for that purpose. And 
 we do further will, ordain, and direct, that there shall be for- 
 ever hereafter public morning and evening service constantly 
 performed in the said college, morning and evening forever, 
 by the president, fellows, professors, or tutors, of the said 
 college, or one of them, according to the liturgy of the 
 Church of England as by law established, or such a collection 
 of prayers out of the said liturgy, with a collect peculiar for 
 the said college, as shall be approved of from time to time by 
 the governors of the said college, or the major part of any 
 fifteen or more of them convened as aforesaid : and we do 
 further will and grant, that the said governors of the said col- 
 lege for the time being, or the major part of any fifteen or 
 more of them convened as aforesaid, shall have full power and 
 lawful authority to visit, order, punish, place and displace, the 
 treasurer, clerk, steward, students, and other officers and min- 
 isters of the said college, and to order, reform, and redress, all 
 and any the disorders, misdemeanors and abuses in the persons 
 aforesaid, or any of them, and to censure, suspend, or deprive 
 them, or any or either of them, so always, that no visitation, 
 act, or thing, in or concerning the said college, be made or done 
 by any person or persons whatsoever but as is herein before 
 directed and declared. And we do further, of our especial grace, 
 certain knowledge, and mere motion, will, give and grant, unto 
 the said governors of the said college, that for the encourage- 
 ment of the students of the said college to diligence and industry 
 in their studies, that they and their successors, and the major 
 part of any fifteen or more of them convened and met together 
 as aforesaid, do, by the president of the said college, or any 
 other person or persons by them authorized and appointed, 
 give and grant any such degree and degrees to any the 
 students of the said college, or any other person or persons by 
 them thought worthy thereof, as are usually granted by any or 
 either of our universities or colleges in that part of our king- 
 dom of Great Britian called England, and that the president, 
 
270 
 
 EDUCATION IN THE COLONIES 
 
 or such other persons to be appointed for that purpose as 
 aforesaid, do sign and seal diplomas or certificates of such 
 degree or degrees, to be kept by the graduates as a testimonial 
 thereof. And further, of our especial grace, certain knowledge, 
 and mere motion, we do for us, our heirs, and successors, will, 
 give and grant, unto the said governors of the said college, and 
 their successors, that they shall and may have one common 
 seal, under which they shall and may pass all grants, diplomas, 
 and all other writings whatsover, requisite, necessary, or con- 
 venient to pass under the seal of the said corporation ; which 
 seal shall be engraven in such form and with such devices and 
 inscriptions as shall be agreed upon by the said governors of 
 the said college, or the major part of any fifteen or more of 
 them that shall be convened for the service of the said college, 
 in the manner above directed ; and by these our letters patent 
 it shall and may be lawful for them and their successors, at any 
 of their meetings convened as aforesaid, as they shall see cause, 
 to break, change, alter, and new make the same, or any other 
 common seal, when and as often as to them shall seem con- 
 venient. And we, further, for us, our heirs, and successors, 
 give and grant unto the said governors of the said college, and 
 their successors, or the major part of any fifteen or more of 
 them convened as aforesaid, full power and authority, from 
 time to time, and at all times hereafter, to nominate and appoint 
 all other inferior officers or ministers which they shall think 
 convenient and necessary for the use of the college, not herein 
 particularly named or mentioned, which officers and ministers 
 we do hereby impower to excute their respective offices or trusts, 
 during the will and pleasure only of the governors of the said 
 college, or the major part of any fifteen or more of them convened 
 as aforesaid, as fully and freely as any other the like officers or 
 ministers in and of our universities or any other college in that 
 part of the kingdom of Great Britain called England may or 
 ought to do. And, lastly, of our express will and pleasure, 
 and mere motion, we do, for us, our heirs, and successors, give 
 
NEW NETHERLANDS AND NEW YORK 27 1 
 
 and grant unto the said governors of the said college, and to 
 their successors for ever, that these our letters patent, being 
 entered of record, as is herein after particularly expressed, or 
 the enrollment thereof, shall be good and effectual in the law, 
 to all intents and purposes, against us, our heirs, and successors, 
 without any other license, grant or confirmation from us, our 
 heirs or successors, hereafter by the said Governors of the said 
 college to be had or obtained, notwithstanding the not reciting 
 or misrecital, or not naming or misnaming, of the aforesaid 
 offices, franchises, privileges, immunities, or other the premises, 
 or any of them ; and notwithstanding a writ ad quod damnum 
 hath not issued forth to inquire of or concerning the premises, 
 or any of them, before the ensealing hereof, any statute, act, 
 ordinances, or provision, or any other matter or thing to the 
 contrary thereof in any wise notwithstanding; to have, hold, 
 and enjoy, all and singular, the privileges, liberties, advantages 
 and immunities, and all and singular other the premises herein 
 or hereby granted, or meant, mentioned, or intended to be 
 herein and hereby given and granted unto them, the said 
 Governors of the said College of the Province of New York, 
 in the City of New York, in America, and to their successors 
 forever. In testimony whereof, we have caused these our let- 
 ters to be made patent, and the great seal of our Province ot 
 New York to be hereunto affixed, and the same to be entered 
 of record in our Secretary's office of our said Province, in one 
 of the books of patents there remaining. Witness our trusty 
 and well-beloved James De Lancy, Esq., our Lieutenant Gov- 
 ernor, and Commander-in Chief in and over our Province ot 
 New York, and the territories depending thereon, in America, 
 in, by, and with the advice and consent of our Council of our 
 said Province, this thirty-first day of October, in the year of 
 our Lord one thousand seven hundred and fifty-four, and of 
 our reign the twenty-eighth." ' 
 
 • Charters, Acts and Official Documents, pp. 10-24, compiled by John B. Pine, 
 New York, 1895. 
 
272 
 
 EDUCATION IN THE COLONIES 
 
 On May 13, 175S, the Governors of the College of the Pro- 
 vince of New York petitioned Governor De Lancey for an 
 additional charter providing for the establishment of a pro- 
 fessorship in divinity of the Reformed Protestant Dutch 
 Church.' This charter was granted on May 30, 1755. 
 
 " George the Second, by the grace of God, of Great Britain, 
 France and Ireland, Defender of the Faith and so forth, to all 
 to whom these presents shall come, greeting. 
 
 " Whereas our loving subjects, the Governors of the College 
 of the Province of New York, in the City of New York, in 
 America, by their humble petition presented to our trusty 
 and well-beloved James De Lancey, Esq. ; our Lieutenant- 
 Governor and Commander-in-chief of our said Province of New 
 York, in Council, have set forth, that although by our letters 
 patent of incorporation, bearing date the thirty-first day of 
 October last past, the sole power of electing professors in said 
 college is vested in the said governors: Yet the said peti- 
 tioners humbly conceived, that it would tend to. the prosperity 
 of the college, and the increase of the number of students, if 
 provision could be made for establishing a professorship in 
 divinity in the same, for the instruction of such youth as may 
 intend to devote themselves to the sacred ministry, in those 
 churches in this province that are in communion with, and 
 conform to the doctrine, discipline and worship established in 
 the United Provinces, by the National Synod of Dort; and 
 any other students that may be desirous to attend his lec- 
 tures: And therein did humbly pray, that an additional 
 charter might be granted them for that purpose; and that the 
 nomination of such professor, from time to time, be in the 
 ministers, elders and deacons of the Reformed Protestant 
 Dutch church in the City of New York. 
 
 " And whereas upon the surrender of this our province by 
 the Dutch, in the year of our Lord one thousand six hundred 
 and sixty-four, it is provided by the eighth article of surrender, 
 
 > I Ibid., p. 25. 
 
NEW NETHERLANDS AND NEW YORK 
 
 273 
 
 that the Dutch here shall enloy the liberty of their consciences 
 in divine worship and church discipline. And we being will- 
 ing and desirous, that all our loving subjects, the members of 
 the Reformed Protestant Dutch churches, who are very num- 
 erous in our government of New York, should always con- 
 tinue as they have hitherto done, to enjoy the liberty of their 
 consciences in divine worship and church discipline, and that 
 they may always have learned pastors and teachers to instruct 
 and assist them therein ; as also to promote the prosperity 01 
 the aforesaid college, and the increase of the number of stu- 
 dents therein. Know ye, that of our especial grace, certain 
 knowledge, and mere motion, we have willed, granted, consti- 
 tuted and appointed, and by these presents, do will and grant 
 to the Governors of the College of the Province of New York, 
 in the City of New York, in America, and to their successors, 
 that from time to time, and at all times hereafter forever, there 
 may, and shall be in the said college, a professor of divinity of 
 the Reformed Protestant Dutch Church, for the instruction of 
 such youth as may intend to devote themselves to the sacred 
 ministry in those churches, in this our Province of New York, 
 that are in communion with, and conform to the doctrine, dis- 
 cipline and worship established in the United Provinces, by 
 the National Synod of Dort ; and any other students that may 
 be desirous to attend his lectures. 
 
 " And we do by these presents, will, give, grant and appoint, 
 that such professor shall be from time to time, and at all 
 times hereafter, nominated, chosen and appointed by the min- 
 isters, elders and deacons of the Reformed Protestant Dutch 
 Church in the City of New York, for the time being, when they 
 shall see fit to make such nomination, choice and appoint- 
 ment. And they are hereby fully empowered and authorized 
 to make such nomination, choice and appointment ; and they 
 are hereby required to certify such nomination, choice and 
 appointment, to the governors of the said college, under their 
 corporation seal: Provided always, such professor so to be 
 
274 
 
 EDUCATION IN THE COLONIES 
 
 chosen from time to time by them, be a member of, and in 
 communion with the said Reformed Protestant Dutch Church. 
 And thereupon the governors of the said college, and the 
 president thereof for the time being, shall, and are hereby re- 
 quired and commanded to receive and admit him accordingly: 
 Anything in our herein beforementioned charter of incorpora- 
 tion to the contrary notwithstanding. Which professor of 
 divinity, we will and direct, shall, before he enter into or take 
 upon himself such office, take the oaths and subscribe the 
 declaration directed in our charter aforesaid, for the other pro- 
 fessors and officers of the said college to take, before one of the 
 judges of our supreme court of judicature for our said Pro- 
 vince of New York, who is empowered and authorized to 
 administer the same. 
 
 "And we do further will, ordain and grant, that the said pro- 
 fessor of divinity, shall hold his said place or office during his 
 good behavior, or during will and pleasure, according to such 
 agreement as shall be made between him and the said minis- 
 ter, elders and deacons of the Reformed Protestant Dutch 
 Church, at the time of his nomination and appointment, and be 
 entitled unto, and have, exercise and enjoy the same, and like 
 powers, privileges, and authorities in the said college, as other 
 professors of and in the same do or may have, hold, exercise, 
 or enjoy in the same. And also shall demean and conform 
 himself to such rules, laws and regulations as the other pro- 
 fessors in the said college are or shall be obliged to conform 
 unto, and regulate themselves by. And in case he shall mis- 
 demean himself in said office, he shall be liable to be sus- 
 pended or discharged from the same, in the same manner as 
 other professors of and in the said college are or may be sus- 
 pended or discharged, by virtue of our aforesaid charter of in- 
 corporation." • 
 
 On June 12, 1755, the Governors of the College of the Prov- 
 ince of New York petitioned the Lower House to vest in their 
 body the money which had been raised by lotteries and excise 
 
 1 Ibid., pp. 26-28. 
 
NEW NETHERLANDS AND NEW YORK 275 
 
 duty for the benefit of the college and also to grant them "such 
 further and other assistance and encouragement, the better to 
 enable them to carry on the useful work aforesaid, as to the 
 honorable House shall seem reasonable and consistent with the 
 public good." A motion was made and carried by a vote of 
 II to 9 to postpone the consideration of this petition to the 
 next session of the legislature/ At that time, however, the 
 petition was not brought up for discussion, for on December 
 18, in response to a counter petition presented by William 
 Livingston and two others, the House stated that the governors 
 of the college had not, as the counter petitioners supposed, ap- 
 plied to the legislature for an act of incorporation nor for a 
 legislative appropriation of the college funds,' and it was not 
 until the following year, on November 29, 1756, that an ap- 
 propriation bill was passed by the House.' This bill, which 
 was passed by the Council on November 30, and signed by the 
 governor on December i,' vests one-half of the money raised 
 by lotteries for the college plus interest and profits in the gov- 
 erning board of the college " to be disposed of by them in such 
 manner as to them shall seem best for the advancement of 
 learning." The annual appropriation of £^00 from the excise 
 revenue together with all tutition fees which had become due 
 were also to be handed over to the governors, and the trustees 
 appointed in the acts of 175 1 were discharged from all further 
 trust.' 
 
 In 1762, the governors of the college sent an agent to Eng- 
 land to solicit subscriptions for the college. A royal brief was 
 obtained for a joint collection with the College, Academy and 
 Charitable School of Philadelphia. On October 6, 1 762, arch- 
 
 ' Journal of Gen. Ass., 11, 446-7. ^Ibid., II, 468. ^Ibid., II, 520. 
 
 ^Council yournal, pp. 1287-1289. Governor Hardy writes to the Board of 
 Trade on February 26, 1757, that he passed this act " to reconcile the differences 
 that had arisen about the college." (^N. Y. Col. Doc, VII, 217.) 
 
 ' The other half was appropriated to the purchasing of land for the erection of a 
 pest house for New York City and for the building of a gaol in this city. 
 
 • Col. Laws, IV, 160-2. 
 
276 EDUCATION IN THE COLONIES 
 
 bishop Seeker writes to President Johnson that there had been 
 considerable opposition to his college in the King's Council ; 
 but that he had obtained twice as much from the King for the 
 New York college as for the Philadelphia institution, " because 
 the former is a royal foundation and hath no other patron." ' 
 
 In 1764 an application was made to the King for a grant of 
 land in behalf of the New York college, but although it re- 
 ceived the approval of the Lords of Trade,' no grant was 
 made by the Crown.' Eight years later the Governors of 
 King's College petitioned King George the Third to remit 
 their quit rents and to incorporate their seminary as a univer- 
 sity " with such privileges and such an establishment of pro- 
 fessors as his Majesty shall approve."* Nothing came of this 
 petition ; but the Governors persisted in their plan. 
 
 On August 22, 1774, Lieutenant-Governor Colden writes to 
 Governor Tryon in England : " The Governors of King's Col- 
 lege in New York have desired that the draft which they have 
 made of a royal charter may pass through my hands to your 
 Excellency.' I make no doubt you will use your influence 
 with the ministry in order to obtain it. The dissenters from 
 the Church of England have the sole education, not only in 
 all the seminaries of learning in the New England colonies, 
 
 1 N. V. Col. Doc, VII, 507. » Ibid., VIII, 397. 
 
 ' Prejident Johnson, in writing to Archbishop Seeker, in April, 1763, remarks in 
 reference to the illiberality of the New York Colonial authoritiei on the general 
 subject of educational grants : " It is a great pity, when patents are granted, as 
 they often are, for large tracts of land, no provision is made for religion or schools. 
 I wish therefore instructions were given to our governors never to grant patents 
 for townships or villages, or large manors, without obliging the patentees to se- 
 quester a competent portion for the subject of religion and education." (^Ibid. 
 VII, 497.) 
 
 • Ibid., VIII, 296. 
 
 'Before Governor Tryon's departure from New York, King's College conferred 
 the degree of doctor of law upon him. (^History of the New Netherlands, Pro- 
 vince of New York, and State of New Kor^, I, 451. William Dunlap, New 
 York, 1839.) 
 
NEW NETHERLANDS AND NEW YORK 277 
 
 but likewise in New Jersey and other colonies. It therefore 
 seems highly requisite that a seminary on the principles of the 
 Church of England be distinguished in America by particular 
 privileges, not only on account of religion, but of good policy, 
 to prevent the growth of republican principles which already 
 too much prevail in the colonies."^ In the royal instructions 
 that were given to Governor Tryon on May 4, 1775, previous 
 to his return to New York, reference was made to this subject 
 of university incorporation in the following terms: "The King 
 has no doubt that the religious communities in New York, as 
 well the dissenters as those of the Established Church, are 
 fully satisfied of his Majesty's gracious intentions to afford 
 
 them all reasonable support and protection What 
 
 is now requested, however, by the Reformed Dutch and Pres- 
 byterian Churches and by the members of King's College, in- 
 volves constitutional questions of great difficulty, and it is 
 more especially necessary that the charter proposed in the lat- 
 ter case should have the fullest consideration before any step 
 is taken upon it. To that end I have received the King's 
 commands to lay the draft of that charter transmitted to you 
 by Mr. Colden, before the Privy Council in order that it may 
 be put into such a train of examination as shall be judged 
 necessary, but I do not think it likely that their Lordships 
 will be induced to advise the King to grant a charter which 
 is to have the effect to increase the number of members in the 
 House of Representatives without the consent and concurrence 
 of that House ; in other respects, the charter does not appear 
 to me to be liable to any material objection.^ 
 
 -^N. Y. Col. Doc, VIII, 486. 
 
 'Z^^-./., VIII, 573-4. 
 
 Note. — The above chapter was already in press when my attention was drawn 
 to the fact that a bill was proposed in the New York Assembly in 169 1 "to ap- 
 point a school- master for the educating and instructing of children and youth, to 
 read and write English in every town in the Province." (Journal of Assembly, 1,7.) 
 
PENNSYLVANIA 
 
 In 1 68 1, William Penn received a grant from Charles the 
 Second of a tract of land lying between the fortieth and forty- 
 third parallels of latitude, bounded on the East by the Del- 
 aware River and extending westward five degrees of longitude. 
 For this territory Penn, in accordance with his charter rights 
 of absolute proprietor, drew up a frame of government which 
 was published in England in May, 1682. The twelfth and 
 thirteenth provisions of this document read as follows : 
 
 " Twelfth. That the Governor and Provincial Council shall 
 erect and order all public schools, and encourage and reward 
 the authors of useful sciences and laudable inventions in the 
 said province. 
 
 " Thirteenth. That for the better management of the powers 
 and trust aforesaid, the Provincial Council shall from time to 
 time divide itself into four distinct and proper committees, for the 
 more easy administration of the affairs of the province, which 
 divides the seventy-two into four eighteens, every one of which 
 eighteens shall consist of six out of each of the three orders or 
 yearly elections, each of which shall have a distinct portion of 
 business, as foUoweth : First, a committee of plantations, to sit- 
 uate and settle cities, ports, market-towns and high-ways, and 
 to hear and decide all suits and controversies relating to planta- 
 tions. Secondly, a committee of justice and safety, to secure 
 the peace of the province, and punish the mal-administration 
 of those who subvert justice to the prejudice of the public or 
 private interest. Thirdly, a committee of trade and treasury, 
 who shall regulate all trade and commerce according to law, 
 encourage manufacture and country growth, and defray the 
 public charge of the province. And fourthly, a committee of 
 
 (278) 
 
PENNS YL VA NIA 
 
 279 
 
 manners, education and arts, that all wicked and scandalous 
 living may be prevented, and that youth may be successively 
 trained up in virtue and useful knowledge and arts.' The quorum 
 of each of which committees being six, that is, two out of each 
 of the three orders or yearly elections as aforesaid, making a 
 constant and standing council of twenty-four, which will have 
 the power of the Provincial Council, being the quorum of it, 
 in all cases not excepted in the fifth article ; and in the said 
 committees and standing Council of the province, the Governor, 
 or his deputy, shall or may preside as aforesaid ; and in the 
 absence of the Governor or his deputy, if no one is by either of 
 them appointed, the said committees or Council shall appoint a 
 president for that time, and not otherwise ; and what shall be 
 resolved at such committee, shall be reported to the said council 
 of the province, and shall be by them resolved and confirmed 
 before the same shall be put in execution ; and that these 
 respective committees shall not sit at one and the same time, 
 except in cases of necessity."^ 
 
 Penn arrived in his province in October, 1682, and in the 
 following month issued writs for the election of members to a 
 General Assembly.' Accordingly, on December 4, a body of 
 seven representatives elected by the freeholders of the province 
 
 1 William Penn gave expression to his great solicitude for education in several 
 of his writings. The following passage embodying his idea of the relation between 
 government and education is quoted by Proud in his History of Fennsylvania, 
 voL I, p. 1 1 : " If we would preserve our government, . . . we must secure the 
 youth. This is not to be done but by the amendment of the way of their educa- 
 tion, and that with all convenient speed and diligence. I say, the government is 
 highly obliged. It is a sort of trustee for the youth of the kingdom, who, though 
 now minors, yet will have the government, when we are gone ... If this be 
 done, they will owe more to your memories for their education than for their 
 estates." 
 
 * Charters and Laws oftke Province of Pennsylvania, 1682-1700, pp. 95, 96. 
 Compiled by Geo. Stoughton, B. M. Nead, Tho. McCamant, Harrisburg, 1879. 
 
 ' Seven representatives were ordered to be returned from each of the six coun- 
 ties. There is, however, no evidence of the exact number of persons who actually 
 constituted the First Assembly. (See Charters and Laws, Appendix B, p. 474. ) 
 
28o EDUCATION IN THE COLONIES 
 
 met together at Chester, " alias Upland." The Proprietary's 
 Frame of Government was confirmed and the so-called Great 
 Body of Laws, which was based on ninety bills presented to 
 the Assembly by the Proprietary was enacted. Chapter 60 was 
 as follows : " Chap. LX. And be it, &c. That the laws of this 
 province, from time to time, shall be published and printed, 
 that every person may have the knowledge thereof. And they 
 shall be one of the books taught in the schools of this province, 
 and territories thereof.'" 
 
 On March loth, 1863, a second Assembly met at Philadelphia 
 consisting of 72 Councilmen and Assemblymen. To this As- 
 sembly a second frame of government was presented, which, 
 in limiting the Council to 19 members, the Governor and 3 Rep- 
 resentatives from each county, abolished the division of the 
 Council into the four standing committees provided for by the 
 first frame or charter. In their stead, it was provided : 
 " Eleventh. That one-third of the Provincial Council residing 
 with the Governor, shall with the Governor from time to time 
 have the care of the management of all public affairs, relating 
 to the peace, justice, treasury, trade and improvement of the 
 province and territories, and to the good education of youth 
 and sobriety of the manners of the inhabitants therein as afore- 
 said."" The tenth provision of the charter of 1683 was identi- 
 
 1 Ibid., p. 123. The action of a Council held at Philadelphia, May 23, 1683, at 
 which Governor Penn and Councilmen Chr. Taylor, Wm. Clark, Ralph Withers, 
 Jo. Harrison, Lasse Cock, Jno. Symcock and Wm. Haigne were present, witnesses 
 to the problematical administration of this law. " It was proposed to have an at- 
 tested copy of the laws printed. After some debate, the Governor put the question, 
 and it was carried in the negative, they should not be printed. It was then moved 
 that an attested copy under the Secretary's hand should be transmitted to the 
 president and clerk of each respective county, for the people to have the course 
 to for their information, and that the people may have copies of the copy from the 
 president and clerk, so as it be attested to by two justices as authentic. After a 
 short debate, the Governor put the question . . . Passed in the affirmative. " ( Col- 
 onial Records, Minutes of the Provincial Council, I, 74. Philadelphia, 1852.) 
 
 ^ Charters and Laws, p. 157. 
 
PENXS \LVA NIA 2 8 1 
 
 cal with the twelfth provision of the charter of 1682. Among 
 the 81 bills drawn up by the Council and passed by the House 
 at this session was the following : 
 
 CHAPTER CXII. 
 
 " And to the end that poor as well as rich may be instructed 
 in good and commendable learning, which is to be preferred 
 before wealth, Be it &c. that all persons in this province and 
 territories thereof, having children, and all the guardians or 
 trustees of orphans, shall cause such to be instructed in read- 
 ing and writing ; so that they may be able to read the Scrip- 
 tures; and to write by that time they attain to twelve years of 
 age ; and that then they be taught some useful trade or skill, 
 that the poor may work to live, and the rich, if they become 
 poor, may not want. Of which every county court shall take 
 care ; and in case such parents, guardians, or overseers shall be 
 found deficient in this respect, every such parent, guardian or 
 overseer, shall pay for every such child, five pounds, except 
 there should appear an incapacity in body or understanding to 
 hinder it.'" 
 
 Ten months later, December 26, 1683, the administration of 
 this law came under consideration at a Council held at Phila- 
 delphia, at which Governor Penn and Councilmen Thos. 
 Holmes, Wm. Clayton, Wm. Haigue and Lasse Cock were 
 present. " The Governor and Provincial Council, having taken 
 into their serious consideration the great necessity there is of 
 a school-master for the instruction and sober education of 
 youth in the town of Philadelphia, sent for Enoch Flower, an 
 inhabitant of the said town, who for twenty years past hath 
 been exercised in that care and employment in England, to 
 whom having communicated their minds, he embraced it upon 
 these following terms : to learn to read English, 4 s by the 
 quarter, to learn to read and write, 6 s. by the quarter, to learn 
 to read, write and cast account, 8 s. by the quarter; for board- 
 
 ' Ibid., p. 142. 
 
282 EDUCATION IN THE COLONIES 
 
 ing a scholar, that is to say, diet, washing, lodging and school- 
 ing, ten pounds for one whole year."' 
 
 On the 17th of the following month, at a Council composed 
 of Governor Penn and Councilmen James Harrison, John 
 Symcock, Chris. Taylor, Lasse Cock, Wm. Biles, Wm. Clay- 
 ton and Thos. Holmes, the following proposals were made : 
 "A law proposed for making of several sorts of books, for 
 the use of persons in this Province. 
 
 " Proposed that care be taken about the learning and instruc- 
 tion of youth, to wit: a school of arts and sciences."' 
 
 There is no evidence that either of the above plans was 
 presented by the Council to the Assembly which met in 
 May, 1684. In fact, during the ensuingnine years, so great 
 was the spirit of hostility between the Council and the 
 House, that there was scant legislation of any kind, and 
 "neglect and miscarriage of government" furnished an argu- 
 ment for the royal abrogation of the proprietary charter, 
 which occurred in 1692.' The same year. Colonel Benjamin 
 Fletcher, Governor of New York, was likewise commissioned 
 royal Governor of Pennsylvania. Within a month after his 
 arrival at Philadelphia in 1693, a General Assembly was con- 
 vened, consisting of eight Councilmen, appointed by the Gov- 
 ernor, and twenty Assemblymen, elected by the freeholders. 
 At this Assembly, after a lengthy controversy between the 
 Governor and Representatives concerning the confirmation of 
 the pre-established proprietary laws, under a bill called a Pe- 
 tition of Right, the Governor ordered " that all justices, sher- 
 iffs and constables and other officers in the Province of 
 Pennsylvania and country of New Castle should execute or 
 cause the same to be executed until their Majesties' pleasure, 
 should be further known."* Among the proprietary laws 
 
 > Col. Rec, I, 91. 2 Ibid., I, 93. 
 
 ' The History of Pennsylvania, I, 377. Robert Proud, Philadelphia, 1797. 
 
 * Charters and Laws, App. B, p. 551. 
 
PENNS YL VAN I A 283 
 
 which were thus continued, the law for the education of youth, 
 which had been enacted by the Assembly of 1683, was in- 
 cluded with one qualification. 
 
 CHAPTER XXV. 
 
 " And to the end that the poor as well as the rich may be 
 instructed in good and commendable learning, which is to be 
 preferred before wealth, be it enacted by the authority afore- 
 said, that all persons in this province and territories hereof 
 having children, and all guardians and trustees of orphans 
 (having sufficient estate and ability so to dof shall be instructed 
 in reading and writing ; so that they may be able, at least, to 
 read the Scriptures, and write by the time they attain to twelve 
 years of age. And that they be taught some useful trade and 
 skill, that the poor may work to live and the rich, if they be- 
 come poor may not want. Of which every county court shall 
 take care. And in case such parents, guardians, overseers 
 shall be found deficient in that respect, every such parent, 
 guardian or overseer, shall pay for every such child, five pounds, 
 except there should appear an incapacity in body or under- 
 standmg to hinder it." ' 
 
 Increasing hostility between the royal governor and the 
 people and a reconciliation between the Crown and the Pro- 
 prietary resulted in the restoration to Penn in August, 1694, 
 of the full rights of proprietary government. At the second 
 assembly, which was convened October 26, 1696, by Deputy 
 Governor Markham, a new frame of government was drawn up 
 by the Governor and accepted by the Assembly. In this act of 
 settlement, the provisions for erection of public schools, encour- 
 agement of science and invention, and oversight of youthful 
 education on the part of the Governor and Council, which had 
 been contained in the charters of 1682 and 1683, but which 
 had been omitted from the Petition of Right of 1693, were re- 
 
 ' These words are italicized to indicate the aforesaid qualification. 
 ' Ibid, p. 238. 
 
284 EDUCATION IN THE COLONIES 
 
 newed.' The following year, Governor and Council were called 
 upon to use their educational prerogative. 
 
 AT A COUNCIL HELD AT PHILADELPHIA, SATURDAY, I2TH 
 FEBRUARY, 1 697-8. 
 
 " Upon reading the petition of Samuel Carpenter, Edward 
 Shippen, Anthony Morris, James Fox, and David Lloyd, Wil- 
 liam Southbee and John Jones, in these words, viz. To the 
 Governor and Council of the Province of Pennsylvania and 
 Territories thereof, sitting at Philadelphia, the tenth day of the 
 twelfth month, Anno Domini, 1697-8. The humble petition 
 of Samuel Carpenter, Edward Shippen, Anthony Morris, James 
 Fox, David Lloyd, William Southbee and John Jones, in be- 
 half of themselves and the rest of the people called Quakers, 
 who are members of the Monthly Meeting, holden and kept 
 at the new meeting house, lately built upon a piece of ground 
 fronting the High street, in Philadelphia aforesaid, obtained of 
 the present Governor by the said people, sheweth ; That it 
 hath been and is much desired by many, that a school be set 
 up and upheld in this town of Philadelphia, where poor chil- 
 dren may be freely maintained, taught and educated in good 
 literature, until they are fit to be put out apprentices, or cap- 
 able to be masters or ushers in the said school. And for as 
 much as by the laws and constitutions of this government, it 
 is provided and enacted that the Governor and Council shall 
 erect and order all public schools, and encourage and reward 
 the authors of useful sciences and laudable inventions, in the 
 said province and territories, therefore, may it please the Gov- 
 ernor and Council to ordain and establish that at the said 
 town of Philadelphia a public school may be founded, where 
 all children and servants, male and female, whose parents, 
 
 ' Ibid., p. 251. With but one slight modification. Tn the Frame of '96, "Gov- 
 ernor and Council" are to supervise public affairs, etc., instead [of " one-third of 
 the Provincial Council residing with the Governor," together with the Governor, 
 as was provided by the Frame of '83. In 1696, the Council was cut down from 
 three to two representatives from each county. 
 
PENNSYLVANIA 285 
 
 guardians and masters be willing to subject them to the rules 
 and orders of the said school, shall from time to time, with the 
 approbation of the overseers thereof for the time being, be 
 received or admitted, taught and instructed ; the rich at reason- 
 able rates, and the poor to be maintained and schooled for 
 nothing. And to that end a meet and convenient house and 
 houses, buildings and rooms, may be erected for the keeping 
 of the said school, and for the entertainment and abode of such 
 and so many masters, ushers, mistresses, and poor children, as 
 by the order and direction of the said Monthly Meeting shall 
 be limited and appointed from time to time. And also, that 
 the members of the afoi-esaid Meeting for the time being, may, 
 at their respective monthly meetings, from time to time make 
 choice of, and admit such and so many persons as they shall 
 think fit, to be overseers, masters, ushers, mistresses, and poor 
 children of the said school, and the same persons, or any ol 
 them, to remove and displace, as often as the said Meeting 
 shall see occasion. And that the overseers and school afore- 
 said, may forever stand and be established and founded in 
 name and in deed, a body politic and corporate, to have con- 
 tinuanee forever, by the name of the Overseers of the Public 
 School founded in Philadelphia, at the request, costs and 
 charges of the people of God called Quakers. And that they, 
 the said overseers, may have perpetual succession, and by that 
 name they and their successors may forever have, hold and 
 enjoy, all the lands, tenements and chattels, and receive and 
 take all gifts and legacies, as shall be given, granted or devised 
 for the use and maintenance of the said school and poor schol- 
 ars, without any farther or other license or authority from this 
 government in that behalf; saving unto the chief Proprietor his 
 quitrents out of the said lands. And that the said overseers, 
 by the same name, shall and may, with consent of the said 
 Meeting, have power and capacity to devise and grant, by writ- 
 ing, under their hands and common seal, any of the said lands 
 and tenements, and to take and purchase any other lands, tene- 
 
286 EDUCATION IN THE COLONIES 
 
 ments or hereditaments, for the best use and advantage of the 
 said school. And to prescribe such rules and ordinances for 
 the good order and government of the same school, and of the 
 masters, ushers, mistresses, and poor children successively, and 
 for their and every of their stipends and allowances, as to the 
 members of the said Monthly Meeting for the time being, or 
 the major part of them, shall seem meet ; with power also to 
 sue and be sued, and to do. perform and execute all and every 
 other lawful act and thing, good and profitable for the said 
 school, in as full and ample manner as any other body politic 
 or corporate, more perfectly founded and corporate, may do. 
 The Governor and Council do grant this petition as is desired.'" 
 
 This Quaker school which was established in 1689 through 
 a suggestion, it has been said,^ of the Proprietary to Thomas 
 Lloyd, President of the Council, had already been brought to 
 the formal notice of the Governor and Council at a Council 
 held at Philadelphia, August i, 1693, at which William Mark- 
 ham, Lieutenant-Governor, Patrick Robinson, secretary, and 
 Andrew Robeson, Robert Turner and Lawrence Cock, Coun 
 cilmen, were present. " Thomas Meaking, keeper of the free 
 school in the town of Philadelphia, being called upon before 
 the Lieutenant-Governor and Council, was told that he must 
 not keep school without a license. Answered that he was 
 willing to comply, and to take a license. Was therefore 
 ordered to procure a certificate of his ability, learning and dili- 
 gence, from the inhabitants of note in this town, by the six- 
 teenth instant, in order to the obtaining a license, which he 
 promised to do."' 
 
 The Friends' Free School was presumably chartered by the 
 Governor in 1697, although no such charter is on record. It 
 received additional charters from the Proprietary in 170 1, 1708 
 
 ' Col. Rec, I, S31-3. 
 
 'See History of Education in Pennsylvania, p. 41. James P. Wickersham, 
 LL. D., Lancaster, 1886. 
 » Col. Rec, I, 383. 
 
PENNSYLVANIA 2%J 
 
 and 171 1, and came to be known as the " William Penn Charter 
 School." The charter of 171 1 reviews and ampHfies the two 
 preceding charters. 
 
 " Whereas, the prosperity and welfare of any people depend, 
 in a great measure, upon the good education of youth, and 
 their early instruction in the principles of true religion and 
 virtue, and qualifying them to serve their country and them- 
 selves, by breeding them in reading, writing and learning of 
 languages, and useful arts and sciences suitable to their sex, 
 age and degree ; which cannot be effected in any manner so well 
 as by erecting public schools for the purposes aforesaid. 
 
 "And whereas, upon the petition of Samuel Carpenter, Edward 
 Shippen, Anthony Morris, James Fox, David Lloyd, William 
 Southby and John Jones, on behalf of themselves and others, 
 to William Markham, my then Lieutenant-Governor, and to the 
 Council of the said Province, on the first day of the twelfth 
 month, in the year one thousand six hundred and ninety-seven, 
 desiring that a public school for teaching and instructing 
 children and servants, both male and female, might be founded 
 in the town of Philadelphia, in this Province, to continue for- 
 ever, under certain overseers, to be incorporated for that pur- 
 pose, and to have perpetual succession, with several powers 
 and privileges therein mentioned. My said then Lieutenant- 
 Governor and Council did grant and order that such school 
 should be founded and erected with the incorporation privi- 
 leges and powers as desired; and such a school was accord- 
 ingly founded in the town of Philadelphia. 
 
 " And whereas, several of the same petitioners having in the 
 year one thousand seven hundred and one, made fresh applica- 
 tion to me in Council, to confirm the said order and grant, I 
 did, with the consent of my Provincial Council, and pursuant to 
 the power vested in me by the late King Charles the Second, 
 and to the laws of said province, by an instrument or patent, 
 under my hand and my great provincial seal, bearing date the 
 five and twentieth day of October in the said year, grant and 
 
288 EDUCATION IN THE COLOMES 
 
 confirm all and every request, matter and thing contained in 
 the petition above mentioned, and did thereby found, ordain and 
 establish the said public school to be kept forever, in the 
 said town of Philadelphia, or in some convenient place adjacent, 
 with power to frame and erect such and so many buildings, for 
 the use and service of the said school and the entertainment of 
 masters, ushers, mistresses and poor children, and to choose 
 and admit such and so many masters, ushers, mistresses and 
 poor children therein as they shall see meet, and I did by the 
 same patent, for me, my heirs and successors, grant and ordain 
 the said overseers to be a body politic and corporate, in name 
 and deed, to continue forever, by the name of the Overseers 
 of the Public School founded in Philadelphia, at the request, 
 cost and charges of the people of God called Quakers, and 
 that the said overseers and their successors should forever 
 have, hold and enjoy, to the use of said school, all the mes- 
 suages, lands, tenements and hereditaments, goods and chattels, 
 and receive and take all gifts and legacies then before given, 
 granted or devised, or that should be thereafter given, granted or 
 devised, to the use and maintenance of the said school and 
 masters, ushers, mistresses and poor children thereof, without 
 further, or other leave, license or authority whatsoever from 
 me, my heirs or successors, saving to me and them the respec- 
 tive quit-rents, duties and payments thereout reserved, and 
 payable by their original grants and patents, and with full 
 power to frame, make and prescribe such rules and ordinances, 
 for the good order and government of the said school and of the 
 masters, ushers, mistresses and poor children, with other priv- 
 ileges in the same patent expressed, or by the same patent, 
 relation thereto being had, may appear. 
 
 " And whereas, at the further request of the several trusty 
 and well beloved Friends, I did, by an instrument, or charter, 
 under my hand and my greater provincial seal, bearing date 
 the twenty-second day of the fifth month, called July, in the 
 year of our Lord, one thousand seven hundred and eight, give 
 
PENNS YL VANIA 2 89 
 
 and grant to Samuel Carpenter, Edward Shippen, and others, 
 therein named and designated, full license, power and authority 
 to build, erect, found and establish, in the said town of Philadel- 
 phia, or in the county of Philadelphia, one public school, to con- 
 sist of such and so many masters, mistresses and ushers and 
 teachers, and for maintaining, teaching and instructing such and 
 so many poor children of both sexes in reading, work, lan- 
 guages, arts and sciences, as to the overseers therein named 
 should seem meet ; and that such public school should forever 
 thereafter be incorporated and called the Public School founded 
 in the town and county of Philadelphia, in Pennsylvania, at the 
 request, cost and charges of the people called Quakers, and that 
 there should be forever thereafter fifteen discreet and religious 
 persons of the people called Quakers, overseers of the same 
 public school, to be incorporated and made one body politic and 
 corporate, by the name of the Overseers of the Public School, 
 founded in the town and county of Philadelphia, in Pennsylvania, 
 at the cost and charges of the people called Quakers, to have 
 perpetual succession forever; in which last charter or instru- 
 ment, I granted to the said overseers several powers, authori- 
 ties and privileges, for the good government, improvement and 
 support of such school, as by the said charter or instrument 
 may appear. 
 
 " And whereas, it hath lately been represented to me by some 
 of the said overseers that the good ends intended by erecting 
 such school will be better answered and effected if the said 
 corporation were made more extensive, and the powers and 
 privileges granted to the said overseers were more enlarged. 
 
 " Now know ye that I being desirous to give all further due 
 encouragement to so pious and useful an undertaking, do 
 hereby, for me and my heirs, will and ordain that the public 
 school erected and founded by e'ither of the former grants, 
 hereinbefore recited, shall forever hereafter be incorporated, 
 called and known by the name of the Public School founded by 
 charter in the town and county of Philadelphia, in Pennsyl- 
 
2go EDUCATION IN THE COLONIES 
 
 vania, and not by any other name, style or title whatsoever, 
 and that fifteen discreet and religious persons shall be the 
 overseers of the said school, who, and their successors, shall 
 forever hereafter be one body politic and corporate in deed, 
 name and law, to perpetual succession, and to be named and 
 called by the name of the Overseers of the Public School, 
 founded by charter in the town and county of Philadelphia, in 
 Pennsylvania, and not by any other name, style or title what- 
 soever, and then by the said name, I do confirm and establish 
 any name or names of the said school, or of the said overseers, 
 in any former patent or charter by me granted, in any wise 
 notwithstanding, and the same school by the name aforesaid, 
 I do by these present erect, found, establish and confirm, to 
 have continuance forever. And that the said pious foundation 
 and undertaking may have and take better effect, and for the 
 good government of the said school, and that the lands, tene- 
 ments, rents, revenues, stock, goods, money and other things 
 that have been given, granted, assigned and appointed, and 
 which now are intended to be, or hereafter shall be given, 
 granted, assigned or appointed, for the continual maintenance 
 and support of the said school, may be well ordered, and be 
 justly converted or employed to the use of the said school for- 
 ever, I hereby will and ordain, and by these presents do assign, 
 nominate, constitute and appoint my trusty and well beloved 
 friends, Samuel Carpenter, the elder, Edward Shippen, Griffith 
 Owen, Thomas Story, Anthony Morris, Richard Hill, Isaac 
 Norris, Samuel Preston, Jonathan Dickinson, Nathan Stanbury, 
 Thomas Masters, Nicholas Wain, Caleb Pusey, Rowland Ellis 
 and James Logan to be the present overseers of said school. And 
 I further will and ordain, for me and my heirs, that the above 
 named overseers of the said school and their successors shall 
 and may, by the said name of the Overseers of the Public 
 School, founded by charter, in the town and county of Phila- 
 delphia, in Pennsylvania, be persons able and capable in 
 law, to purchase, receive, obtain, retain, possess and enjoy 
 
PENNSYLVANIA 
 
 291 
 
 to them and their successors, overseers of said school 
 forever, for the use and benefit of the said school, any 
 manors, lands, tenements, revenues, rents, money, goods 
 and chattels, whatsoever of any person or persons whom- 
 soever. And that the said overseers and their successors 
 shall and may have a common seal, on one side whereof shall 
 be engraved my coat of arms, with this inscription, " Good In- 
 struction is better than Riches," to be made use of and serve 
 for the business relating to the said school, and the possession 
 and revenues thereof. And that the said overseers and their 
 successors by the name aforesaid, shall and may sue and be 
 sued, plead and be impleaded, defend and be defended, answer 
 and be answered, in all manner of courts, pleas and demands 
 of what kind and nature soever they be, either in law or equity, 
 or of any transgression, offence, thing, cause or matter done or 
 committed, or to be done or committed, in, upon or about the 
 premises, or touching or concerning anything specified in these 
 presents, in the same manner as any private persons, natives, 
 inhabitants or planters in Pennsylvania aforesaid, being per- 
 sons able, and in law capable, may plead or may be impleaded, 
 defend or be defended, answer or be answered. And I do 
 hereby for me and my heirs, will, ordain and grant that the 
 houses and buildings already erected, for the use of the said 
 school, by virtue of any of the charters hereinbefore recited or 
 mentioned, shall be, remain and continue for uses, purposes 
 and services of the said school only, according to the design 
 and intention of the erectors thereof, unless the said overseers 
 herein nominated and appointed shall think fit otherwise to 
 employ the same, in pursuance of the powers granted by these 
 presents. And that the said overseers and their successors 
 shall and may from time to time, as they shall think conven- 
 ient, and the increase of the inhabitants of the said town and 
 county of Philadelphia shall require, erect in any other place 
 or places within the said town and county, as they, or the 
 major part of them, shall think proper and convenient, any 
 
292 
 
 EDUCATION IN THE COLONIES 
 
 number of houses or buildings, for places of instruction of 
 said scholars, and for the dwelling and abode of masters, 
 mistresses, ushers, teachers, scholars, officers and servants, 
 belonging and to belong to such school. And I do by 
 these presents, for me and my heirs, give and grant to the 
 said overseers, and their successors forever, that they, or the 
 major part of them, for the time being, shall have full power 
 and authority to make, set down, establish and ordain such 
 good and necessary statutes, orders, rules and ordinances in 
 writing under their hands, and under their common seal, for 
 the better ordering, ruling, governing and improving of the 
 said school, school-masters, school-mistresses, ushers, teachers, 
 scholars and servants, belonging to the same, for the time 
 being, and their several allowances, stipends and wages, and 
 of the houses, buildings, lands, possessions, revenues, incomes, 
 rents, goods and chattels of the said school from time to 
 time, with all other things whatsoever, unto the said school 
 belonging, as to the increase or improvement of the rents, re- 
 pairing of the premises, or any other matter or thing, that may 
 tend to the good of the said school, as the overseers for the time 
 being, or the major part of them, shall think meet and conven- 
 ient, so as the said statutes, orders, rules and ordinances, be in no 
 wise repugnant to the rights, privileges and jurisdiction of me 
 and my heirs, as governors of the said province, nor contrary to, 
 but as near as may be agreeable to, the laws and statutes of the 
 said province : all of which statutes, orders, rules and ordi- 
 nances, until they shall be repealed, or altered, by the same 
 authority, I will and enjoin, by these presents, to be entirely 
 obeyed, kept and observed from time to time forever hereafter, 
 by the overseers, masters, mistresses, ushers, teachers, scholars, 
 and other officers and servants, of or belonging to the said 
 school, for the time being, and every of them. And I have fur- 
 ther given and granted, and by these presents, for me and my 
 heirs, do give and grant unto all and every person and persons, 
 who now are, or hereafter shall be, owners of land, or inhabi- 
 
PENNS YL VANIA 
 
 293 
 
 tants of Pennsylvania aforesaid, and territories thereunto be- 
 longing, special license, free power, and lawful authority, to 
 give, grant, bargain and sell, alien and devise, demise, set and 
 let unto the above named overseers of the said public school, 
 and their successors, for the use and benefit of the said school, 
 any manors, messuages, lands, tenements, hereditaments, sum 
 or sums of money, goods or chattels whatsoever, saving to my- 
 self and my heirs, all quit- rents issuing, and to issue out of 
 such manors, messuages, lands, tenements, and hereditaments 
 provided nevertheless. And I do, for me and my heirs, ordain 
 that the said overseers, for the time being, or any of them, or 
 their successors, or any of them, shall not make any lease of 
 any of the lands, tenements or hereditaments, of or belonging 
 to the said corporation, which shall exceed the number of one 
 and fifty years, in possession and not in reversion, and where- 
 upon shall not be reserved, payable yearly or half yearly, dur- 
 ing every such lease, the best and most improved rent that can 
 be got for the same respectively at the time of making such 
 lease or leases. And for the better government of the school, 
 I do hereby, for me and my heirs, give and grant full license, 
 power and authority, unto the said overseers of the said school, 
 and their successors or the major part of them, from time to 
 time, to nominate, place and displace, and visit the masters, 
 mistresses, ushers, teachers, scholars and other inferior officers 
 and servants of or belonging to the said schools, for the time 
 being, and to order, reform and redress all or any disorders, 
 misdemeanors, offences and abuses, done or committed by the 
 person aforesaid, or any of them, according to the statutes and 
 ordinances, which shall be made, ordained or appointed as 
 aforesaid, as the said overseers for the time being, or the major 
 part of them shall think fit. And that the said schoolmasters, 
 mistresses, ushers, teachers, scholars and other ofificers and ser- 
 vants thereunto belonging, for the time being, shall be exempted, 
 freed and discharged from all visitation and correction of or by 
 any other person or persons whatsoever. And I do hereby, 
 
294 
 
 EDUCATION IN THE COLONIES 
 
 for me and my heirs, ordain, grant and appoint, that when and 
 so often as any overseers of the said school shall die, surrender 
 or be removed from his or their place of overseer or overseers, 
 for any misdemeanor, (in which case I will that any overseer, 
 shall and may be removed by a majority of the overseers, for 
 the time being, who shall be the only judges thereof,) then and 
 so often, the residue of the said overseers shall remain, continue 
 and be corporate by the name of the Public School founded by 
 charter, in the town and county of Philadelphia, in Pennsylva- 
 nia, to all intents and purposes, as if the whole number of 
 overseers were in being. And also that then and so often it 
 shall be lawful for the rest of the overseers, or the major part 
 of them, and they are hereby directed and enjoined to nomi- 
 nate, elect and appoint, by an instrument, under their common 
 seal, one or more discreet, religious persons in the room and 
 place, rooms and places, of such overseer or overseers so dying, 
 surrendering, or being removed, within forty days after such 
 death, and due notice thereof, and after such surrender or re- 
 moval, which person or persons so nominated, elected and ap- 
 pointed shall from thenceforth be, and be reputed and deemed 
 an overseer or overseers of the said school, to all intents and 
 purposes, according to the true intent and meaning of these 
 presents. In testimony whereof I have set my hand, and 
 caused the greater provincial seal of Pennsylvania to be af- 
 fixed to these presents, Dated the nine and twentieth day of 
 November, one thousand seven hundred and eleven. 
 
 Wm. Penn." ' 
 These charters to a private educational agency are suggestive 
 of a change of State policy concerning education. In Decem- 
 ber, 1699, the Proprietary returned to his province after an ab- 
 sence of sixteen years, and in 1701 he presented for the accept- 
 ance of the Assembly a new and, as it proved, final frame of 
 government. In this charter, which continued in force until 
 1776, the provisions for education which had been made in the 
 
 ' Given by Wickersham, pp. 44-48. 
 
PENjVSYL vania 
 
 295 
 
 former charters were entirely omitted. The charters to the 
 Friends' Public School and the following general Act, which 
 was passed on May 28, 17 15, point to the government's 
 acceptance of private societies as proper educational agents : 
 
 CHAPTER CCIII. AN ACT FOR EMPOWERING RELIGIOUS 
 
 SOCIETIES TO BUY, HOLD AND ENJOY LANDS, 
 
 TENEMENTS AND HEREDITAMENTS. 
 
 " Be it enacted by Charles Gookin, Esq., by the royal appro- 
 bation Lieutenant-Governor, under William Penn, Esq., Pro- 
 prietary and Governor-in-Chief of the Province of Pennsylvania, 
 by and with the advice and consent of the freemen of the said 
 province in General Assembly met, and by the authority of the 
 same, that it shall and may be lawful to and for all religious 
 societies or assemblies and congregations of Protestants, within 
 this province, to purchase any lands or tenements for burying 
 grounds, and for erecting houses of religious worship, schools 
 and hospitals ; and by trustees, or otherwise, as they shall 
 think fit, to receive and take grants or conveyances for the 
 same, for any estate whatsoever, to and for the use or uses 
 aforesaid, to be holden of the lord of the fee by the accustomed 
 rents and services. And be it further enacted by the authority 
 aforesaid, that all sales, gifts or grants made to any of the said 
 societies, or to any person or persons in trust for them, or any 
 of them, for or concerning any lands, tenements or heredita- 
 ments within this province, for and in any estate whatsoever, 
 to and for the use and uses aforesaid, shall be and are by this 
 Act ratified and confirmed according to the tenor and true 
 meaning thereof, and of the parties concerned therein. And 
 where any gifts, legacies or bequests have been or shall be 
 made by any person or persons to the poor of any of the said 
 respective religious societies, or to or for the use or service of 
 any meeting or congregation of the said respective societies, 
 the same gifts and bequests shall be employed only to those 
 charitable uses, or to the use of those respective societies or 
 
296 
 
 EDUCATION IN THE COLONIES 
 
 meetings, or to the poor people to whom the same are or shall 
 be given or intended to be given or granted, according to what 
 may be collected to be the true intent and meaning of the re- 
 spective donors or grantors." ' 
 
 A memorial addressed to the Lords of Trade and Planta- 
 tions on December 9, 17 18, by " William Penn, Proprietary and 
 Governor of the Province of Pennsylvania, and several of his 
 friends, in behalf of the people of that province, humbly shew- 
 eth : . . . The true reason of this Act [Chapter CCIII.] was 
 to encourage in an infant colony, where there were no endow- 
 ments, the building of hospitals, churches, and other places for 
 religious worship, and charity schools for educating of youth, 
 etc., without any other view that we can understand ; but that 
 if any lands or tenements, etc., are or shall be given to any 
 such pious uses, they shall in such case be applied to that use, 
 according to the intent of the donor, and to no other use 
 whatsoever. Therefore, we hope the pious meaning of this 
 Act will have that weight with the Lords of Trade to be 
 by them favorably reported. It being the interest of persons 
 of all persuasions that this law should pass without any view 
 to this or that persuasion only, we hope will gain it the royal 
 assent." " This plea, however, proved unsuccessful. 
 
 On July 9, 17 19, the Board of Trade wrote to the Lords Jus- 
 tices, enumerating those laws which had been passed by the 
 Pennsylvania legislature between 1712 and 1715 and which 
 were proper to be repealed. Among these the above Act was 
 included on the ground that it contained a clause " which 
 confirms all sales, gifts or grants already made to those soci- 
 eties, which retrospect, we are of opinion, may probably be 
 attended with ill consequences to purchasers, creditors and 
 other persons."' Consequently, the law was repealed by the 
 
 1 Statutes at Large of Pennsylvania, III, 37-38. 
 
 2 Ibid., III., App. IV., 448. 
 
 3 Ibid., Ill, App. IV, 463-4. 
 
PENNS YL VANIA 
 
 297 
 
 Lords Justices in Council on July 21, 17 19. About eleven 
 years later, a similar Act was passed by the colonial legislature. 
 
 CHAPTER CCCXX. AN ACT FOR THE ENABLING RELIGIOUS 
 
 SOCIETIES OF PROTESTANTS WITHIN THIS PROVINCE 
 
 TO PURCHASE LANDS FOR BURYING-GROUNDS, 
 
 CHURCHES, HOUSES FOR WORSHIP, 
 
 SCHOOLS, ETC. 
 
 " Whereas sundry religious societies of people within this 
 province professing the Protestant religion have at their own 
 respective costs and charges purchased small pieces of land 
 within this province of Pennsylvania, and thereon have erected 
 churches and other houses of religious worship, school-houses 
 and almshouses, and enclosed part of the same lands forburying- 
 grounds ; and whereas the said lands were purchased and paid 
 for by the said respective societies in the name or names ot 
 persons at that time being of or professing themselves to be 
 of the same rehgious persuasion with the societies who made 
 use of the names of the said persons as trustees for and in be- 
 half of the said societies. And whereas some of the said trus- 
 tees or their heirs, having afterwards changed their opinions 
 and joined themselves to other religious societies of a different 
 persuasion from the people by whom the said persons were at 
 first entrusted, and upon pretext of their having the fee-simple 
 of the lands so purchased in their names vested in them, have, 
 contrary to the true intent and meaning of the first grant or gift, 
 attempted by granting away the said lands, houses of religious 
 worship and burying-grounds, to deprive the society of people 
 in possession of the same of the right and use of the said houses 
 of worship and burying-grounds, to the great disquiet and un- 
 easiness of many of the good people of this province ; and 
 others, being entrusted in the like manner, may hereafter do 
 the same : ' For remedy whereof, and for the better securing 
 
 ' See Votes and Proceedings of the House of Representatives of the Province 
 of Pennsylvania, 111, 145-47. Philadelphia, 1754. On the House Journal for 
 
298 EDUCATION IN THE COLONIES 
 
 the several religious societies in the quiet and peaceable pos- 
 session of their churches, houses of worship, school-houses and 
 almshouses and burying-grounds within this province: Be 
 it enacted by the Honorable Patrick Gordon, Esq., Lieutenant- 
 Governor of the Province of Pennsylvania and of the Counties 
 of New Castle, Kent and Sussex on Delaware, by and with the 
 advice and consent of the representatives of the freemen of the 
 said province in General Assembly met, and by the authority 
 of the same, that all sales, gifts or grants made of any lands or 
 tenements within the Province of Pennsylvania to any person 
 or persons in trust for sites of churches, houses of religious 
 worship, schools, almshouses and for burying-grounds or for 
 any of them, shall be and are hereby ratified and confirmed to 
 the person or persons to whom the same were sold, given or 
 granted, their heirs and assigns, in trust, nevertheless, and for 
 the use of the respective religious societies for whose use the 
 same were at first sold, given, granted or purchased, according 
 to the true intent and meaning of such gifts or grants ; and that 
 every sale, gift, grant or devise of any such trustee or trustees 
 or any person or persons in whose name or names the said 
 lands for erecting churches, houses of religious worship, schools, 
 almshouses or burying-grounds within this province were pur- 
 chased, taken or accepted, or the heirs or assigns of such trus- 
 tees, shall be and are hereby declared to be for the sole use, 
 benefit and behalf of the said respective societies, who have 
 been in the peaceable possession of the same for the space of 
 twenty-one years next before the tenth day of June, in the year 
 of our Lord one thousand, seven hundred and thirty, or for 
 whose use the same were at first given, granted or devised, and 
 no other. And be it further enacted by the authority aforesaid, 
 that it shall and may be lawful to and for any religious society 
 of Protestants within this province to purchase, take and re- 
 
 January 27, 1731, is entered in full a remonstrance of the Baptist Society of Phil- 
 adelphia against the Episcopal Church of Philadelphia on the grounds mentioned 
 in the above Act. 
 
FENNSYL VANIA 
 
 299 
 
 ceive by gift, grant or otherwise, for burying-grounds, erecting 
 churches, houses of religious worship, schools and almshouses, 
 for any estate whatsoever, and to hold the same for the uses 
 aforesaid of the lord of the fee by the accustomed rents . . . 
 Provided also, that this Act nor anything therein contained, 
 shall be deemed or construed to impeach the just right or title 
 which any person or persons may have to any of the lands or 
 tenements hereinbefore mentioned, so that they prosecute such 
 their right or claim within the space of three years next after 
 the publication of this Act. Passed February 6, 1730-31." " 
 
 Concerning this Act, his Majesty's counsel at law, at the 
 request of the Board of Trade in November, 1739, stated his 
 objection as follows : " It seems to me that as this Act enables 
 societies to purchase in mortmain without any restriction or 
 limitation, though there is an Act in force in Great Britain 
 against such purchases, it is on that account improper to be 
 confirmed.'" 
 
 The Act, however, was apparently never considered by the 
 Crown, but allowed to become a law by lapse of time in accord- 
 ance with the proprietary charter. 
 
 In 1 73 1, through the influence of Benjamin Franklin, a small 
 number of Philadelphia gentlemen subscribed the sum of 
 ;^iOO towards the founding of a circulating library. In 1742 
 this library society was incorporated by the Proprietaries of the 
 province under the name of the Library Company of Philadel- 
 phia. Franklin and 74 associates were given full power to 
 hold lands, to sue and be sued, etc., to have a common seal, 
 and to meet and make laws for the government of the com- 
 pany, for the admi.ssion of new members, and for the appoint- 
 ment of all necessary ofificers. In the preamble of the charter 
 the grantees are stated to " have, at a great expense, purchased 
 a large and valuable collection of useful books, in order to erect 
 a library for the advancement of knowledge and literature in the 
 
 ' Statutes at Large, IV, Z08-210. See also Col. Rec, III, 394. 
 ' Statutes at Large, III, App. V, 504. 
 
,00 EDUCATION IN THE COLONIES 
 
 city of Philadelphia," and, therefore, John Penn, Thomas Penn 
 and Richard Penn," true and absolute Proprietaries," proceed 
 to declare that " being truly sensible of the advantage that may 
 accrue to the people of this province by so useful an undertak- 
 ing, and being willing to encourage the same, have given and 
 granted," etc/ 
 
 In 1740, certain citizens of Philadelphia of various religious 
 denominations built a hall for religious worship, and for the 
 special use of George Whitfield during his visits to Philadel- 
 phia. The building was also intended to serve as a charity 
 school for poor children. Nine years later the property was 
 vested in 24 trustees, with the additional object of the founding 
 of an academy. A private endowment|of ;^8oo per annum for 
 a term of 5 years was secured, |and" the city of Philadelphia 
 granted ;£'200 to the institution with a promise of an annual 
 endowment of ;^ioo for 5 years.' In 1753, a charter was 
 obtained from the Proprietaries. 
 
 CHARTER TO THOMAS LAWRENCE AND OTHERS, TO BE TRUSTEES 
 
 OF THE ACADEMY AND CHARITABLE SCHOOL IN THE 
 
 PROVINCEjOF PENNSYLVANIA 
 
 " Thomas Penn and Richard Penn, true and absolute Propri- 
 etors and Governors-in- Chief of the|Province of Pennsylvania 
 and Counties of New Castle, Kent and Sussex, on Delaware, to 
 all persons to whom these presents shall come, greeting: 
 Whereas, the well-being of a society depends on the education 
 of their youth, as well as, in great measure, the eternal welfare 
 of every individual, by impressing on their tender minds 
 principles of morality and religion, instructing them in the 
 several duties they owe to the society in which they live, and 
 
 1 Charter given in A Catalogue of the Books belonging to the Library Com- 
 pany of Philadelphia, vol. I, pp. XIII-XV,5Philadelphia, 1835. 
 
 ^ Benjamin Franklin and the University of Pennsy Ivania, ^"p. 234-76. Edited 
 by F. N. Thorpe, Ph. D. Bureau of Education. Circular of Information, No. 2, 
 1892. 
 
PENNSYL VANIA 
 
 301 
 
 one towards another, giving them the knowledge of languages, 
 and other parts of useful learning necessary thereto, in order 
 to render them serviceable in the several public stations to 
 which they may be called. And whereas, it hath been repre- 
 sented to us by Thomas Lawrence, Wm. Allen, John Inglis, 
 Tench Francis, William Masters, Lloyd Zachary, Samuel Mc- 
 Call, junior, Joseph Turner, Benjamin Franklin, Thomas 
 Leech, William Shippen, Robert Strettell, Philip Syng, Charles 
 Willing, Phineas Bond, Richard Peters, Abraham Taylor, 
 Thomas Bond, Joshua Maddox, William Plumstead, Thomas 
 White, William Colemen, Isaac Norris and Thomas Cadwala- 
 der,' of our city of Philadelphia, gentlemen, that for the erecting, 
 establishing and maintaining an academy within our said city 
 as well to instruct youth for reward, as poor children, whose 
 indigent and helpless circumstances demand the charity of the 
 opulent part of mankind, several benevolent and charitable 
 persons have generously paid, and by subscriptions promised 
 hereafter to pay into their hands as trustees, for the use of the 
 said academy, divers sums of money, which sums already paid, 
 they, the said trustees, have expended in the purchase of lands 
 well situated, and a building commodious for the uses afore- 
 said, within our said city, in maintaining an academy there, as 
 well for the instruction of poor children on charity, as others 
 whose circumstances have enabled them to pay for their learn- 
 ing, for some time past, and in furnishing the said academy 
 with books, maps, mathematical instruments, and other neces- 
 saries of general use therein, according to the intentions of the 
 donors. And whereas, the said trustees to facilitate the prog- 
 ress of so good a work, and to perfect and perpetuate the same, 
 have humbly besought us to incorporate them and their suc- 
 cessors. Now know ye, that we, favonng such pious, useful, 
 generous, and charitable designs, hoping through the favor of 
 Almighty God, this academy may prove a nursery of virtue 
 
 ' Eleven of these trustees were likewise trustees of the Library Company. 
 
302 
 
 EDUCATION IN THE COLONIES 
 
 and wisdom, and that it will produce men of dispositions and 
 capacities beneficial to mankind in the various occupations of 
 life; but more particularly suited to the infant state of North 
 America in general, and for other causes and considerations 
 us hereto especially moving, have granted, ordained, declared, 
 constituted, and appointed, and by these presents we do, 
 for us, our heirs, and successors grant, ordain, declare, 
 constitute, and appoint, that the said Thomas Lawrence, [etc.,] 
 and such others as shall be from time to time chosen, nomi- 
 nated or elected in their place and stead, shall be one com- 
 munity, corporation and body politic, to have continuance 
 forever, by the name of the Trustees of the Academy and 
 Charitable School in the province of Pennsylvania, and that 
 by the same name, they shall have perpetual succession, and 
 that they and their successors by that name, shall be capable 
 in law to purchase, have, take, receive, and enjoy to them and 
 their successors in fee and in perpetuity, or for any other or 
 lesser estate or estates, any manors, lands, tenements, rents, 
 annuities, pensions, or other hereditaments within the said 
 province of Pennsylvania, or three lower counties of New 
 Castle, Kent and Sussex, by the gift, grant, bargain, sale, 
 alienation, enfeoffment, release, confirmation, or device of any 
 person or persons, bodies politic or corporate, capable to make 
 the same. And further, that they may take and receive any 
 sum or sums of money or any kind, manner or portion of 
 goods or chattels that shall to them be given, granted or be- 
 queathed by any person or persons, bodies politic or cor- 
 porate, capable to make a gift, grant or bequest thereof; and 
 therewith to erect, set up, maintain, and support an academy 
 or any other kind of seminary of learning in any place within 
 the said province of Pennsylvania, where they shall judge the 
 same to be most necessary and convenient for the instruction, 
 improvement and education of youth in any kind of literature, 
 erudition, arts and sciences, which they shall think fitting and 
 proper to be taught. [Here follow provisions for a common 
 
PENNSYLVANIA 
 
 303 
 
 seal, for corporate rights of suing, being sued, etc.j And 
 further, in order to continue and perpetuate this community 
 and corporation, we do grant, ordain and declare,that when any 
 one or more of the present or future trustees of this academy 
 and school shall remove his or their habitation or habitations, 
 and shall dwell at a distance of five miles from the seat of the 
 said academy at that time, or shall go and reside out of the pro- 
 vince of Pennsylvania, although at a place nearer to the said acad- 
 emy than five miles, or shall happen to die or be otherwise dis- 
 abled from performing the office and duty of a trustee or trustees, 
 the other trustees shall, as soon after as they conveniently can, 
 proceed to elect and choose one or more fit person or persons, 
 then residing within five miles of the said academy, and within 
 the said province, to fill the place or places of such absenting, 
 deceased or disabled person or persons. And we do also, for 
 us, our heirs and successors, give and grant to the said trustees 
 and corporation and their successors, full power and authority 
 in all time and times coming to make, ordain, and enact all 
 such rules, ordinances, laws and statutes, and from time to time 
 to alter and amend the same as they shall judge most con- 
 venient, reasonable and needful for the good government of 
 the said community, the management of the affairs thereof, 
 and the perfectual promotion of the good ends hereby intended ; 
 provided always, that the said rules, ordinances, laws and 
 statutes be not repugnant to the laws and statutes then in force 
 at the kingdom of Great Britain, or to the laws then in force in 
 our said province of Pennsylvania."' 
 
 Two years later a confirmatory charter was granted. By 
 this Act the name of the institution was changed to " The 
 College, Academy and Charitable School," and in it cer- 
 tain amplifications, fitting to an institution assuming col- 
 legiate standing, were incorporated. ..." And whereas 
 the said trustees'" have, by their petition to Robert Hunter 
 
 'Given in Benj. Franklin and the University of Pennsylvania, pp. 68-70. 
 ' Alexander Stedman and John Mifflin had taken the places of Thomas Law- 
 rence and Isaac Norris on the board of trustees. 
 
304 
 
 EDUCATION IN THE COLONIES 
 
 Morris, Esq., our Lieutenant Governor and Commander-in- 
 chief, in and over our said province of Pennsylvania and 
 counties of New Castle, Kent and Sussex, on Delaware, 
 repreented, that since our granting our said recited charter, 
 the academy therein mentioned, by the blessing of the 
 Almighty God, is greatly improved, being now well provided 
 with masters not only in the learned languages, but also in the 
 liberal arts and sciences, and that one class of hopeful students 
 have now attained to that station in learning and science by 
 which, in all well constituted seminaries, youth are entitled to 
 their first degree, and which the said students are earnestly 
 desirous to be admitted to ; and that it is hoped, from the 
 capacities and diligence of this class, they will hereafter merit 
 admission to the higher degrees in the arts and sciences ; from 
 whence the said trustees reasonably expect a succession of 
 youth in this college and academy, equally meritorious, and de- 
 serving of such public honors, which are at the same time the 
 strongest incentives to, and the justest rewards of, diligence and 
 merit ; and therefore prayed an addition to our recited charter, 
 to empower them and their successors, to admit deserving 
 students to the usual degrees, and to confer such dignity on 
 the masters in the said seminary, as shall seem meet and neces- 
 sary for its good government and establishment upon this en- 
 largement of the design, for the benefit both of the present and 
 future times. And we being willing to grant this reasonable 
 request of the said trustees, and to give all proper encourage- 
 ment to an institution so happily begun, and hitherto so suc- 
 cessfully carried on, for the benefit of our said province, as well 
 as the neighboring provinces and colonies in America; Now 
 know ye also, that we do hereby, for us, our heirs, and suc- 
 cessors, give and grant full power and authority to the said 
 trustees, and their successors, from time to time, and at all 
 times forever hereafter, in such manner, and under such limi- 
 tations, as they shall think best and most convenient, to con- 
 stitute and appoint a provost and vice-provost of the said 
 
PENl^S YL VAN/A 
 
 305 
 
 college and academy, who shall be severally named and styled 
 Provost and Vice-Provost of the same. Also to nominate and 
 appoint professors for instructing the students of the same 
 seminary, in all the liberal arts and sciences, the ancient lan- 
 guages, and the English tongue, who shall be severally styled 
 professor of such art, science, language or tongue, according 
 to such particular nomination and appointment ; which provost, 
 vice-provost and professors, so constituted and appointed, shall 
 be known and distinguished, as one body and faculty, by the 
 name of the Provost, Vice- Provost and Professors of the Col- 
 lege and Academy of Philadelphia, in the Province of Penn- 
 sylvania and by that name shall be capable of exercising such 
 powers and authorities, as the said trustees and their succes- 
 sors shall think necessary to delegate to them, for the disci- 
 pline and government of the said college, academy and chari- 
 table school; provided always, that the said trustees, the 
 provost and vice-provost and each professor, before they shall 
 exercise their several and respective powers or authorities, 
 offices and duties, do and shall take and subscribe the three 
 first written oaths, appointed to be taken and subscribed, in 
 and by one act of Parliament, passed in the first year of the 
 reign of our late sovereign Lord George the First, entitled. An 
 Act for the Further Security of his Majesty's Person and Gov- 
 ernment, and the Succession of the Crown in the Heirs of the 
 Late Princess Sophia, being Protestants, and for Extinguishing 
 the Hopes of the Pretended Prince of Wales, and his Open 
 and Secret Abettors ; and shall also make and subscribe the 
 declaration, appointed to be made and subscribed, by one 
 other act of Parliament, passed in the twenty-fifth year of the 
 reign of King Charles the Second, entitled. An Act for Pre- 
 venting Dangers which may Happen from Popish Recusants : 
 excepting only the people called Quakers, who, upon taking, 
 making and subscribing the affirmations and declarations, ap- 
 pointed to be taken, made, and subscribed by the acts of General 
 Assembly of the Province of Pennsylvania to qualify them for 
 
3o6 EDUCATION IN THE COLONIES 
 
 the exercise of civil offices, shall be admitted to the exercise of all 
 and every the powers, authorities, offices and duties above men- 
 tioned, anything in this provision to the contrary notwithstand- 
 ing; all which oaths and affirmations we do hereby authorize and 
 empower the Lieutenant-Governor of our said province, or the 
 Mayor or Recorder of the City of Philadelphia aforesaid, or any 
 twojusticesofthepeace, for the time being to administer. . . . 
 And we do hereby, at the desire and request of the said trus- 
 tees, constitute and appoint the Reverend William Smith, M. 
 A. to be the first and present provost of the said college and 
 academy, and the Reverend Francis Allison, M. A,, to be the 
 first and present vice- provost of the same, who shall also re- 
 tain the name and style of Rector of the Academy, which 
 offices the said persons shall have and hold only during the 
 pleasure of the said trustees. And we do further, for us, 
 our heirs and successors, authorize the said trustees and 
 their successors to meet on such day or days, as they 
 shall by their laws and statutes appoint, to examine the can- 
 didates for admission for degrees in the said college and 
 academy, and also to transact, determine and settle all the 
 business and affairs of the same. And we do will and ordain, 
 that at all those meetings, such a number of members so met 
 and convened, as shall by the laws and statutes be authorized to 
 transact any particular affairs or business, and the majority of 
 them shall have full power to transact, determine and settle 
 such affairs and business, in as ample and effectual a manner as 
 if all the said trustees were present; excepting always the nom- 
 inating, constituting and discharging the provost, vice-provost 
 and professors, or any of them ; in all and every of which acts, 
 there shall be thirteen at least of the members of the said 
 corporation present and consenting. And we do further, for 
 us, our heirs and successors, authorize and empower the said 
 trustees and their successors, met from time to time as afore- 
 said, to make laws and statutes to regulate, ascertain and settle 
 the precedence, powers and duties of the said provost, vice- 
 
PENNSYLVANIA 307 
 
 provost, (or rector) and professors, in the execution of the laws 
 made, or to be made, for the education of the youth, and the 
 wholesome government of the said college, academy and chari- 
 table school; and also by these laws and statutes, in such 
 manner and form as they shall think convenient, to empower the 
 provost, viceprovost and professors for the time being, to 
 make and execute ordinances, for preserving good order, 
 obedience and government, as well among the students and 
 scholars, as the several tutors, officers and ministers, belonging 
 to the said college, academy and charitable school ; and 
 further, by the said laws and statutes, to enact all other mat- 
 ters and things, in and concerning the premises, which may 
 by the said trustees and their successors, be thought conducive 
 to the well-being, advancement and perpetuating the said col- 
 lege, academy and corporation ; provided always, that the said 
 laws be not repugnant to the laws and statutes then in force 
 in the Kingdom of Great Britain ; nor to the laws and statutes 
 then in force in our said province of Pennsylvania. And we 
 do further, for us, our heirs and successors, give and grant the 
 trustees of the said college and academy, that for animating and 
 encouraging the students thereof to a laudable diligence, indus- 
 try, and progress in useful literature and science, they and their 
 successors, met together on such day or days as they shall ap- 
 point for that purpose, shall have full power and authority, by the 
 provost, and in his absence, by the vice-provost, and in the ab- 
 sence of both provost and vice-provost, by the senior professor, 
 or any other fit person by them authorized and appointed, to ad- 
 mit any the students within the said college and academy, or 
 any other person or persons meriting the same, to any degree 
 or degrees, in any of the faculties, arts, and sciences, to which 
 persons are usually admitted, in any or either of the universities 
 or colleges in the kingdom of Great Britain. And we do 
 ordain, that the provost, vice-provost, or other person appointed 
 as foresaid, shall make, and with his name, sign diplomas or 
 certificates of the admission to such degree or degrees, which 
 
308 EDUCATION IN THE COLONIES 
 
 shall be sealed with the public seal of the said corporation, and 
 delivered to the graduates as honorable and perpetual testi- 
 monials thereof, provided always, and it is hereby declared to 
 be our true meaning and express will, that no student or stud- 
 ents, within the said college and academy, shall ever or at any 
 time or times hereafter, be admitted to any such degree or 
 degrees, until such students have been first recommended and 
 presented as worthy of the same, by a written mandate, given 
 under the hands of at least thirteen of the trustees of the said 
 college and academy, and sealed with the privy seal belonging 
 to the said corporation, after a public examination of such 
 student or students in their presence, and in the presence of 
 any other persons choosing to attend the same, to be had in 
 the hall of the said college and academy, at least one whole 
 month before the admission to such degree or degrees ; and 
 provided further, that no person or persons, excepting the 
 students belonging to the said seminary, shall ever, or at any 
 time or times, be admitted to any such degree or degrees, 
 unless with the express mandate of at least two-thirds of the 
 whole number of trustees, first to be obtained under their hands 
 and the privy seal aforesaid and to the provost, vice-provost 
 and professors of the said college and academy directed." 
 [Here follows a provision for enabling the corporation to hold 
 propreity to the extent of .^5000 annual value.] " 
 
 The Reverend William Smith, who was appointed provost 
 of the college in the above charter, belonged to the Church of 
 England, and he and the institution which he represented 
 seem to have fallen quickly into disfavor with the Assembly, 
 a body made up mainly of Quakers and German sectarians. 
 In 1758, Dr. Smith was arrested and imprisoned for three 
 months by order of the Assembly on charge of implication in 
 a libellous attack upon that body. During his imprisonment. 
 Dr. Smith sent an appeal to the King and on June 26, 1759, 
 
 ' Given in Benj. Franklin and the University of Pennsylvania, pp. Tl-JI- 
 
PENNS YL VA NIA 
 
 309 
 
 the King in Council " declared his high displeasure at the un- 
 warrantable behavior of the House of Representatives of Penn- 
 sylvania in assuming to themselves powers which do not 
 belong to them, and invading both his majesty's royal pre- 
 rogative and the liberties of the subject." ^ About this time 
 the College, Academy and Charitable School of Philadelphia 
 was indirectly attacked by the legislature. 
 
 " At a council held at Philadelphia, Tuesday, the 2d of June, 
 1759, the Governor laid before the Board a bill sent up to him 
 by the House entitled, ' An Act for the more effectual sup- 
 pressing of lotteries and plays,' which was read and taken into 
 consideration. The members of Council acquainted the Gov- 
 ernor they had been well informed, and believed it to be true, 
 that this bill was principally intended to destroy the College, 
 Academy and Charity School of this city, which was a most 
 noble and useful institution; that some members of the House 
 were known to have thrown all possible discouragements on 
 it, and failing of success, they had probably fallen on this 
 method to prohibit lotteries, from which of late the Academy 
 had drawn its principal support. That eighty poor boys and 
 forty poor girls were instructed gratis in the School to read, 
 write and cast accounts, and the girls to sew and do all sorts 
 of plain needle-work, under two masters and a mistress. That 
 in the schools there were one hundred and thirty boys who 
 were instructed in the Greek, Latin and English tongues, and 
 were likewise taught at the same time writing and mathe- 
 matics. And that in the College there were above twenty 
 students who were instructed by able professors in all the 
 higher branches of learning, oratory, Euclid, logic, ethics, 
 natural and experimental philosophy ; that the expenses of 
 professors and masters were very great, amounting to thirteen 
 hundred pounds a year, and that all the sums they received 
 from such scholars as paid did not exceed five hundred pounds 
 a year, so that they were at an annual expense of eight hun- 
 
 1 Penn. Col. Rec, VIII, 442-7. 
 
210 EDUCATION IN THE COLONIES 
 
 dred pounds, which at first they raised by subscription ; but 
 this proving too heavy upon a few individuals, who had sub- 
 scribed largely towards the support of this useful seminary of 
 learning, they have of late supported this expense by lotteries, 
 which had been uprightly managed by people of the best 
 credit in the province, and the prizes always paid with the 
 utmost punctuality and honor. That there had been no lotter- 
 ier carried on in this province other than for the most neces- 
 sary and charitable purposes, viz., the fortification of the city, 
 the defense of the province in time of war, and the finishing the 
 Episcopal church of this city, all which were managed with 
 the greatest uprightness." ' 
 
 The Act for the more effectual suppressing of lotteries 
 and plays was passed, however, on the twentieth of the same 
 month.' It was repealed by the King on September 2, 1760.' 
 
 During a visit to England in 1759, Dr. Smith secured from 
 Proprietary Thomas Penn a deed for the college of one fourth 
 of the manor of Perkasie in Bucks county, a matter of 2,500 
 acres. Three years later. Smith obtained the royal permission 
 to collect subscriptions in England for his institutions.* He 
 subsequently collected £(i,g2\, of which sum Thomas Penn 
 gave ;^S00, and the King, ;^200.' The Proprietaries gave in all 
 
 1 Ibid., VIII, 339-40. According to the Journal of the Assembly much pres- 
 sure had been brought to bear for the suppression of plays. During the latter part 
 of May addresses on the subject were presented to the legislature by the Quakers, 
 the Baptists and the German Lutherans of the City of Philadelphia. And in answer 
 to these petitions the Lower House appointed a committee on May 26, " to prepare 
 and bring in a bill to prevent the exhibition of theatrical entertainments, and for 
 suppressing of lotteries with this government." ( Votes and Proceedings, V, 51-2.) 
 
 ' The Charters and Acts of Assembly of the Province of Pennsylvania, II 
 109. Philadelphia, 1762. 
 
 'Ibid.,1, 162. 
 
 ' Order in Council given in Benjamin Franklin and the University of Penn, 
 sylvania, pp. 77-9. 
 
 ' Penn. Col. Rec, VIII. 236-8. 
 
PENNS YL VAN/A 3 1 j 
 
 ;^4,500 to the College, Academy and Charitable School of Phila- 
 delphia. Their opinion of that institution is further shown in the 
 joint letter written by them, the Archbishop of Canterbury and 
 the Reverend Samuel Chandler to its trustees under date 
 of April 9, 1764. "This institution you have professed 
 to have been originally founded and hitherto carried on for the 
 general benefit of a mixed body of people. In his Majesty's 
 royal brief, it is represented as a seminary that would be of great 
 use for raising up all instructors and teachers as well as for the 
 service of the Society for Propagating the Gospel in Foreign 
 Parts, as for other Protestant denominations in the colony. At 
 the time of granting this collection, which was solicited by the 
 Provost, who is a clergyman of the Church of England, it was 
 known that there were united with him a vice-provost who is 
 a Presbyterian, and a principal professor of the Baptist persua- 
 sion, with sundry inferior professors and tutors, all carrying on 
 the education of youth with great harmony ; and people of 
 various denominations have hereupon contributed liberally and 
 freely. But jealousies now arising lest this foundation should 
 afterward be narrowed and some party endeavor to ex- 
 clude the rest, or put them on a worse footing than they have 
 been from the beginning, or were at the time of this collec- 
 tion, which might not only be deemed unjust in itself, 
 but might likewise be productive of contentions un- 
 friendly to learning and hurtful to religion ; we would there- 
 fore recommend it to you to make some fundamental rule or 
 declaration to prevent inconveniencies of this kind."' On the 
 following June, such a declaration was made and recorded by 
 the trustees of the college.' 
 
 The State's policy of favoring charitable institutions by the 
 granting of lottery privileges was reasserted several times after 
 its temporary suspension in 1759. Chapter XVIII of the Acts 
 
 •Given in Benj. Franklin and the University 0/ Pennsylvania, pp. 79-80. 
 *y?»a'., pp. 80-81. 
 
312 EDUCATION IN THE COLONIES 
 
 of Assembly of iy66-y was an "Act for raising by way of 
 lottery, the sum of ;^490, 19s., to be applied to the payment 
 of the arrears of debt, due for the building and finishing the 
 German Lutheran Church in Earl township, in Lancaster 
 county, and towards the erecting and building a school house 
 to the same church." ' 
 
 On February 18, 1769, the Assembly passed an Act giving 
 ampler powers to the managers of a lottery for erecting a new 
 school house for the High Dutch Reformed Congregation, etc' 
 
 ' Tii Acts of Assembly of the Province of Pennsylvania. Philadelphia, 1775. 
 ' Laws of the Commonwealth of Pennsylvania, 1,466. Philadelphia, 1803. 
 
DELAWARE 
 
 In 1682, William Penn found about 1,000 Swedes and 1,000 
 Dutch and English settled along the banks of the Delaware. 
 The Swedes had made a permanent settlement on the west 
 bank, at the mouth of the Christina Creek, in 1638; the Dutch 
 captured this region in 1655, and in 1664 the English took 
 possession. The governments of Sweden, Holland and Eng- 
 land had all considered the subject of education in their re- 
 spective settlements. In 1640 Queen Christina of Sweden 
 granted to one Henry Hochhaumer the right to plant a colony 
 in New Sweden. Article seven of this charter reads: "As 
 regards religion, we are willing to permit that besides the 
 Augsburg Confession, the exercise of the pretended reformed 
 religion may be established and observed in that country; in 
 such manner, however, that those who profess the one or the 
 other religion, live in peace, abstaining from every useless dis- 
 pute, from all scandal and from all abuse. The patrons of 
 this colony shall be obliged to support at all times, as many 
 ministers and schoolmasters, as the number of inhabitants 
 shall seem to require; and to choose, moreover, for this pur- 
 pose, persons who have at heart the conversion of the pagan 
 inhabitants to Christianity."' 
 
 John Printz was commissioned Governor of New Sweden, 
 August 15, 1642, and among the royal instructions given to 
 him for the government of the colonj' was the following: 
 
 " XXVI. Before all the Governor must labor and watch 
 that he renders in all things to Almighty God, the true wor- 
 ship which is his due, the glory, the praise and the homage 
 
 1 Pennsylvania Archives, .Second Series, V, 760. Harrisburg, 1877. 
 
 (313) 
 
314 ED UCA TION IN THE COL ONIES 
 
 which belong to him, and take good measures that the divine 
 service is performed according to the true confession of 
 Augsburg, the Council of Upsal and the ceremonies of the 
 Swedish Church, having care that all men, and especially 
 the youth, be well instructed in all the parts of Christianity, 
 and that a good ecclesiastical discipline be observed and 
 maintained.'" 
 
 After the seizure of Fort Christina by Governor Stuyvesant, 
 the West India Company took control of the northern part of 
 Delaware Colony and the City of Amsterdam, of the southern. 
 In the draft of the conditions offered by the City of Amster- 
 dam to emigrants to the Delaware, " to the end that the said 
 colonists may gain their livelihood there safely, honestly and 
 prosperously, the City aforesaid doth beforehand guarantee as 
 follows: 
 
 " VII. Said City shall cause to be erected about the market 
 or in a more convenient place, a public building suitable for 
 divine service ; item, also a house for a school which can like- 
 wise be occupied by the person who will hereafter be sexton, 
 psalm-setter and school master ; the City shall besides have a 
 house built for the minister. 
 
 " VIII. The City aforesaid shall provisionally provide and 
 pay the salary of a minister and school- master, unless their 
 High Mightinesses or the Company think otherwise. 
 
 " X. Concerning the Company's custom, the City shall agree 
 therefore as favorable as possible, and especially that the duty 
 to be paid in New Netherlands shall be employed in building 
 and maintaining public works.'" 
 
 The West India Company agreed to the above conditions, 
 reserving only the duty on peltries to the exclusive use of the 
 Company.' 
 
 School-master Evert Pietersen reached New Amstel with 
 the first body of colonists from the City of Amsterdam on 
 
 1 IbiJ., V, 773. 2 Ibid., V, 793, 794, 795. ' Ibid., V, 795. 
 
DELAWARE 3x5 
 
 April 25, 1657, and on August 10, 1657, he reports to the 
 Municipal Commissioners of Amsterdam that he has already 
 begun to keep school, having 25 children.' In a return of 
 moneys paid for the colony on the Delaware by the Amster- 
 dam Commissioners, Pietersen is accounted to have received 
 for his services as " comforter of the sick, etc.," a total of 
 1068 florins and 16 stivers; on March i8, 1661,927 florins, 16 
 stivers; on March 23, 1661, 66 florins and on October 10, 
 1661, 75 florins.' In this last entry he is referred to as "late 
 comforter of the sick, etc." 
 
 The royal grant to James, Duke of York, made in 1664, in- 
 cluded all the territory between the Connecticut and the Dela- 
 ware Rivers, and five days after the capitulation of New Am- 
 sterdam, Governor Nicolls sent a force to take possession of 
 both sides of the Delaware River. A deputy-governor was 
 appointed for New Castle (New Amstel) and the province of 
 Delaware became an appendage to the province of New York. 
 But the Dutch laws were probably continued in the province, 
 for the Duke's code was not introduced until 1676. For the 
 educational provision in those laws and for the instructions 
 concerning education given to subsequent royal governors of 
 New York and Delaware, the reader is referred to the history 
 of the educational legislation and administration of the colony 
 of New York. 
 
 In 1682 the Duke of York ceded the so-called three lower 
 counties on ' the Delaware, New Castle, Kent and Sussex to 
 William Penn. Until 1702 this country was an integral part 
 of the province of Pennsylvania. In that year a separate legis- 
 lature was elected by the three lower counties. 
 
 In 1743 the Delaware legislature pa.ssed an Act similar to' 
 that passed by the Pennsylvania legislature in 1731 "for the 
 
 1 Ibid., V, 290. ' Hid., V, 419. 
 
 1 The two Acts are identical in form and content, except that the retrospective 
 clause of the Delaware act was for a period of 7 instead of 21 years. 
 
, 1 6 ED UCA TION IN THE COL ONIES 
 
 enabling religious societies of Protestants ... to purchase 
 lands for burying grounds, churches, houses for worship, 
 schools, etc.'" 
 
 In 1772, the legislature passed an Act vesting the public 
 lands and buildings of New Castle in a body town trustees 
 In Section 2 of this Act, a certain piece of land which had 
 always been held " as ground dedicated and set apart for the 
 use of the said town " and upon which the inhabitants intended 
 to erect a school house and desired the same to be appro- 
 priated and applied to that use, was " settled upon and vested 
 in David Finney, John Thompson, George Read, Thomas 
 M'Kean and George Munroe, gentlemen, and the survivors 
 and survivor of them, and the heirs and assigns of survivor, in 
 trust nevertheless for the erecting a .school house or school 
 houses thereon, and to be for that use forever,'" 
 
 ^ Laws of the State of Delaware, I, 271-4. New Castle, 1797. 
 2/*2V., 11., 516-7. 
 
NEW JERSEY 
 
 Under the name of Nova Caesaria or New Jersey the Duke 
 of York transfered in 1664 that part of his royal grant which 
 lay between the Hudson River and the ocean on the east, and 
 the Delaware River on the west and south, to two proprietaries 
 in England. Ten years later West New Jersey came into the 
 possession of William Penn and four other Quaker proprietors, 
 and in 1682, East New Jersey was likewise disposed of to 
 Quaker associates. The government of West Jersey consisted 
 of a general elective assembly and an executive board of com- 
 missioners. Subsequently a single executive officer appointed 
 by the Assembly was substituted for this board. Among the 
 laws passed by the Assembly of West Jersey at a session held 
 at Burlington, in 1682, was the following. 
 
 " VIII. And for the encouraging learning, for the better 
 education of youth ; Be it hereby enacted, and agreed by 
 authority aforesaid, that the island called Matininuck Island, 
 late in the possession of Robert Stacy, with all and every the 
 appurtenances, is hereby given, and shall from hence forth for 
 ever hereafter, be and remain to and for the use of the town of 
 Burlington, and to others concerned therein, within the first 
 and second tenths, the rents, issues and profits thereout and 
 therefrom yearly arising to be by the overseers appointed or 
 to be appointed in Burlington, employed for the maintaining 
 of a school for the education of youth within the said town, and 
 in the first and second tenths." ' 
 
 In 1683, the 24 proprietors for East Jersey published certain 
 
 "^The Grants, Concessions and Original Contributions of the Province of New 
 Jersey, compiled by Aaron Learning and Jacob Spicer, p. 455. Philadelphia. 
 
 (317) 
 
3 1 8 £D UCA TION IN THE COL ONIES 
 
 fundamental constitutions for the government of the province. 
 They provided for a governor to be chosen from their own 
 number to be represented in the colony by a deputy governor; 
 for an assembly consisting of the proprietors or their deputies 
 and 72 representatives elected by the inhabitants of the eight 
 towns in the colony ; and for a common council to be asso- 
 ciated with the governor and to consist of the proprietors or 
 their proxies and 1 2 freemen chosen from the members of the 
 grand assembly, which " common council will thus consist of 
 six and thirty, whereof they shall be three committees ; twelve 
 for the public policy, and to look to manners, education and 
 arts ; twelve for trade and management of the public treasury ; 
 and twelve for plantations and regulating of all things, as well 
 as deciding all controversies relating to them. In each com- 
 mittee, eight shall be of the Proprietors, or their proxies, and 
 four of the freemen. Each of these committees shall meet 
 at least once a week, and all the thirty-six once in two months, 
 and oftener, in such places and at such times as they shall find 
 most convenient. And if it happen the number of freemen in 
 the great council to be doubled, there shall also be twelve more 
 of them to be added to the common council ; in this common 
 council and those several committees the one-half shall be a 
 quorum, as in the former article." ' 
 
 In 1688, the Jersey proprietaries surrendered their patents 
 to the Crown, and for a short period East and West Jersey 
 were annexed to New York. In 1690, under Governor Andros, 
 the Proprietaries re-asserted their authority, and two years 
 later Andrew Hamilton was appointed governor of both the 
 Jerseys. During his administration two school bills were 
 passed by the legislature. Chapter 3 of the laws passed at an 
 Assembly held at Perth Amboy, East New Jersey, in 1693, 
 reads as follows : 
 
 " Whereas the cultivating of learning and good manners 
 tends greatly to the good and benefit of mankind, which hath 
 
 ' Ibid., p. 156. 
 
NEiV JERSEY 319 
 
 hitherto been much neglected within this province ; Be it 
 therefore enacted by the Governor, Council and Deputies in 
 grand Assembly now met and assembled, and by the authority 
 of the same, that the inhabitants of any town within this 
 province, shall and may by warrant from a justice of the peace 
 of that county, when they think fit and convenient, meet 
 together and make choice of three more men of the said 
 town, to make a rate for the salary and maintaining of a school- 
 master within the said town, for so long time as they think fit. 
 And the consent and agreement of the major part of the inhab- 
 itants of the said town, shall bind and oblige the remaining part 
 of the inhabitants of the said town to satisfy and pay their 
 shares and proportion of the said rate ; and in case of a refusal 
 or non-payment, distress to be made upon the goods and 
 chattels of such person or persons so refusing or not paying, 
 by the constable of the said town, by virtue of a warrant from 
 a justice of the peace of that county. And the distress so 
 taken to be sold at a public vendue, and the overplus, if any 
 be after payment of the said rate and charges, to be returned 
 to the owner." ' 
 
 The bill of this Act was sent up by the House of Deputies to 
 the Council on October 30, 1693. It was passed by that body 
 on the same day, and was returned to the house.' 
 
 Chapter 5 of the laws passed at a session in Perth Amboy in 
 1695 was 
 
 AN ACT FOR REGULATING OF SCHOOLS 
 
 "Whereas there was an Act made Anno Domini 1693, for 
 the establishing of schools in each respective town in this 
 province, and by experience it is found inconvenient by reason 
 of the distance of the neighborhood, the said Act directing no 
 suitable way whereby all the inhabitants may have the benefit 
 
 > Ibid., p. 328. 
 
 '' Record of the Governor and Council of East Jersey, 1682-1703, pp. 165, 
 166. Jersey City, 1872. 
 
320 EDUCATION IN THE COLONIES 
 
 thereof; Be it therefore enacted by the Governor, Council and 
 Representatives in General Assembly now met and assembled, 
 and by the authority of the same, that three men be chosen 
 yearly and every year in each respective town in this province, 
 to appoint and agree with a school master, and the three men 
 so chosen shall have power to nominate and appoint the most 
 convenient place or places where the school shall be kept from 
 time to time, that as near as may be the whole inhabitants may 
 have the benefit thereof."' 
 
 In 1702 New Jersey was reunited with New York as a royal 
 province. In 1738 the two colonies were again separated. 
 During this period there was constant strife between the Epis- 
 copal Governors and Councils and the Assemblies of Quaker 
 and Dissenter constituencies. In 1745 Governor Morris was 
 petitioned by representatives of the Presbyterian Synod of New 
 York for a charter for a college.'^ The petitioners were refused. 
 The following year, upon the death of Governor Morris, a sim- 
 ilar petition was assented to by Andrew Hamilton, President of 
 the Council and acting Governor. There is no official record 
 of the charter which was then granted, but in a contemporary 
 number of the Pennsylvania Gazette a summary of the docu- 
 ment is given together with certain particulars about the new 
 institution. 
 
 " These are to give notice to all concerned, that by his 
 
 1 The Grants, Concessions, etc., p. 358. 
 
 'About 1726, William Tennent, a Presbyterian clergyman, opened a small school 
 for the study of divinity and the liberal arts on the southwest bank of the Nesha- 
 miny River in Pennsylvania. The success of this school and of others modeled 
 upon it, led the Presbyterian Church to plan in 1739 for the erection of a college 
 for the middle colonies. Three years later discussion arose between the presby- 
 eries of New Brunswick and Philadelphia on the refusal of the latter to recognize 
 the ecclesiastical training of Tennent's so-called Log Cabin College as adequate 
 for admission into the Presbytery. A split in the church resulted, and the Synod 
 of New York came into existence in 1745 as » union of the presbyteries of New 
 York, New Brunswick and New Castle. See The Planting of Princeton College, 
 p. 186. John DeWitt in The Presbyterian and Reformed Review, April, 1897. 
 
NEW JERSEY 321 
 
 Majesty's royal charter for erecting a college in New Jersey, 
 for the instructing of youth in the learned languages, and in 
 the liberal arts and sciences, bearing date October 22, 1746, 
 Messrs. William Smith, Peter Vanbrugh Livingston, William 
 Peartree Smith, gent, and Messrs. Jonathan Dickinson, John 
 Pierson, Ebenezer Pemberton and Aaron Burr, ministers of 
 the gospel, are appointed trustees of the said college, with 
 full power to any four or more of them, to choose five more 
 trustees to the exercise of equal power and authority in the 
 said college, with themselves. By virtue of which power, the 
 said trustees nominated in the charter, have chosen the Rev. 
 Messrs. Gilbert Tennent, William Tennent, Samuel Blair, 
 Richard Treat and Samuel Finley as trustees of the said college 
 of New Jersey. Which trustees, are by the said charter, con- 
 stituted a body corporate and politic, both in fact and name, 
 with full power to act as such to all intents and purposes, and 
 rendered capable of a perpetual succession to continue forever. 
 By which royal charter, there is authority given to the major 
 part of any seven or more of the said trustees, and their suc- 
 cessors convened for that purpose, to purchase, receive and 
 dispose of any possessions, tenements, goods, and chattels, 
 gifts, legacies, donations and bequests, rents, profits, and 
 annuities of any kind whatsoever, and to build any house or 
 houses, as they shall think proper, for the use of the said 
 college. And also by the said charter is given to the major 
 part of any seven or more of the said trustees and their suc- 
 cessors, full power to choose, and at pleasure to displace, a 
 president, tutors, professors, treasurer, clerk, steward, and 
 usher, with any other ministers and officers as are usual in any \\ 
 of the universities or colleges in the realm of Great Britain. 
 And also by the said charter is given 'to the major part of any 
 seven of the said trustees, and their successors, full power to 
 make any laws, acts and ordinances for the government of the 
 said college as are not repugnant to the laws and statutes of 
 the realm of Great Britain, nor to the laws of the province of 
 
322 EDUCATION IN THE COLONIES 
 
 ) New Jersey ; provided, that no person be debarred of any of 
 i the privileges of the said college on account of any speculative 
 I principles of religion ; but those of every religious profession 
 have equal privilege and advantage of education in the said 
 college. And also by the said charter power, is given to the 
 major part of any seven of the said trustees and their suc- 
 cessors, by their president, or any other appointed by them, to 
 give any such degrees as are given in any of the universities 
 or colleges in the realm of Great Britain, to any such as they 
 shall judge qualified for such degrees; and power to have and 
 use a common seal to seal and confirm diplomas or certificates 
 of such degrees, or for any other use which they shall think 
 proper." ^ 
 T~"»~l!l,464!^Jonathan Belcher was appointed royal governor of 
 New Jersey. During the ten years of his administration he 
 took great interest in the College of New Jersey. On March 
 21, 1747, he writes to Aaron Burr, one of the trustees : " You 
 cannot be more thoughtful and solicitous for the growth and 
 prosperity of my adopted daughter, our future Alma Mater, 
 than I am.'"' On May 12, 1748, the Governor encloses the 
 draft of a new charter for the College to James Logan of Phila- 
 i delphia for his approval, with a request that he serve as the 
 head of the trustees, being as he is " in the first class of learn- 
 ing of the English America.'" The charter in question passed 
 under the great seal of the province on October 22, 1746. 
 
 CHARTER OF THE COLLEGE OF NEW JERSEY 
 
 " George the Second, by the grace of God, of Great Britain, 
 France and Ireland, king, defender of the faith, &c., to all to 
 whom these presents shall come, greeting — 
 
 " Whereas sundry of our loving subjects, well-disposed and 
 
 ' Pennsylvania Gazette, August 13, I747,given in Princeton College Bulletin, 
 pp. 1-2. February, 1891. 
 
 ' Archives of the State of New Jersey, First Series, VII, 1 15-6. Edited by 
 W. A. Whitehead, Newark, 1883. 
 
 ' Ibid., VII, 124-5. 
 
XEW JERSEY 323 
 
 public-spirited persons, have lately, by their humble petition, 
 presented to our trusty and well-beloved Johnathan Belcher, 
 Esquire, Governor and Commander in chief of our province of 
 New Jersey in America, represented the great necessity of 
 coming into some method for the encouraging and promoting 
 a learned education of our youth in New Jersey, and have ex- 
 pressed their earnest desire that a college may be erected in our 
 said province of New Jersey in America, for the benefit of the 
 inhabitants of the said province and others, wherein youth may 
 be instructed in the learned languages, and in the liberal arts 
 and sciences. And whereas by the fundamental concessions 
 made at the first settlement of New Jersey by the Lord Berkley 
 and Sir George Carteret, then proprietors thereof, and granted 
 under their hands and the seal of the said province, bearing date 
 the tenth day of February, in the year of our Lord one thous- 
 and six hundred and sixty-four, it was, among ocher things, 
 conceded and agreed, that no freeman within the said province 
 of New Jersey should at any time be molested, punished, dis- 
 quieted or called in question, for any difference in opinion or 
 practice in matters of religious concernment, who do not actu- 
 ally disturb the civil peace of the said province; but that all 
 and every such person or persons might, from time to time, 
 and at all times thereafter, freely and fully have and enjoy his 
 and their judgments and consciences, in matters of religion, 
 throughout the said province, they behaving themselves 
 peaceably and quietly and not using this liberty to licentious- 
 ness, nor to the civil injury or outward disturbance of others, 
 as by the said concessions on record in the secretary's office of 
 New Jersey, at Perth Amboy, in lib. 3, folio 66, &c., may ap- 
 pear. Wherefore and for that the said petitioners have also 
 expressed their earnest desire that those of every religious 
 denomination may have free and equal liberty and advantages 
 of education in the said college, any different sentiments in re- 
 ligion notwithstanding We being willing to grant the reason- 
 able requests and prayers of all our loving subjects, and to 
 
324 
 
 EDUCATION IN THE COLONIES 
 
 promote a liberal and learned education among them — Know 
 ye therefore, that we, considering the premises, and being 
 willing for the future that the best means of education be es- 
 tablished in our said province of New Jersey, for the benefit and 
 advantage of the inhabitants of our said province and others, do, 
 of our special grace, certain knowledge and mere motion, by 
 these presents, will, ordain, grant and constitute, that there be 
 a college erected in our said province of New Jersey, for the 
 education of youth in the learned languages and in the liberal 
 arts and sciences; and that the trustees of the said college and 
 their successors forever, may and shall be one body corporate 
 and politic, in deed, action and name, and shall be called, and 
 named and distinguished, by the name of the Trustees of the 
 College of New Jersey — and further, we have willed, given, 
 granted, constituted and appointed, and by this our present 
 charter, of our special grace, certain knowledge and mere 
 motion, we do, for us, our heirs and successors, will, give, 
 grant, constitute and ordain, that there shall, in the said college 
 from henceforth forever, be a body politic, consisting of trus- 
 tees of the said College of New Jersey. And for the more full 
 and perfect erection of the said corporation and body politic, 
 consisting of trustees of the College of New Jersey, we, of our 
 special grace, certain knowledge and mere motion, do, by these 
 presents, for us, our heirs and successors, create, make, ordain, 
 constitute, nominate and appoint, the Governor and Com- 
 mander-in-Chief of our said Province of New Jersey, for the 
 time being, and also our trusty and well- beloved John Read- 
 ing, James Hude, Andrew Johnston, Thomas Leonard, John 
 Kinsey, Edward Shippen and William Smith, Esquires, Peter 
 Van Brugh Livingston, William Peartree Smith and Samuel 
 Hazard, gentlemen, John Pierson, Ebenezer Pemberton, Joseph 
 Lamb, Gilbert Tennent, William Tennant, Richard Treat, 
 Samuel Blair, David Cowell, Aaron Burr, Timothy Johnes, 
 Thomas Arthur and Jacob Green, ministers of the gospel, to be 
 trustees of the said College of New Jersey. That the said trus- 
 
NEW JERSEY 325 
 
 tees do, at their first meeting, after the receipt of these presents, 
 and before they proceed to any business, take the oath 
 appointed to be taken by an Act, passed in the first year of the 
 reign of the late King George the First, entitled " An Act for 
 the further security of his Majesty's person and government, 
 and the succession of the crown in the heirs of the late 
 Princess Sophia, being Protestants, and for extinguishing the 
 hopes of the pretended Prince of Wales and his open and secret 
 abbetors ; " as also they make and subscribe the declarations 
 mentioned in an act of parliment, made in the twenty-fifth year 
 of the reign of King Charles the Second, entitled "An Act for 
 preventing dangers which may happen from popish recusants;" 
 and likewise take an oath for faithfully executing the office or 
 trust reposed in them, the said oaths to be administered to 
 them by tliree of his Majesty's justices of the peace, quorum 
 unns ; and when any new member or officer of this corpora- 
 tion is chosen, they are to take and subscribe the aforementioned 
 oaths and declarations before their admission into their trusts 
 or offices, the same as to be administered to them in the pres- 
 ence of the trustees, by such persons as they shall appoint for 
 that service. That no meeting of the trustees shall be valid or 
 legal for doing any buisness whatsoever, unless the clerk has 
 duly and legally notified each and every member of the cor- 
 poration of such meeting ; and that before the entering on any 
 business, the clerk shall certify such notification under his 
 hand, to the board of trustees. That the said trustees have 
 full power and authority or any thirteen or greater number of 
 them, to elect, nominate and appoint, and associate unto them 
 any number of persons as trustees upon any vacancy, so that 
 the whole number of trustees exceed not twenty-three, 
 whereof the president of said college for the time being, to 
 be chosen as hereafter mentioned, to be one, and twelve of 
 the said trustees to be always such persons as are inhabi- 
 tants of our said province of New Jersey. And we do 
 further, of our special grace, certain knowledge, and mere 
 
326 EDLCATION IN THE COLONIES 
 
 motion, for us, our heirs and successors, will, give, grant and 
 appoint, that the said trustees and their successors shall, for 
 ever hereafter, be in deed, fact and name a body corporate and 
 politic ; and that they, the said body corporate and politic, shall 
 be known and distinguished in all deeds, grants, bargains, sales, 
 writings, evidence, muniments or otherwise howsoever, and in 
 all courts forever hereafter, plead and be impleaded, by the name 
 of the Trustees of the College of New Jersey. And that they 
 the said corporation, by the name aforesaid, shall be able and 
 in law capable, for the use of the said college, to have, get, ac- 
 quire, purchase, receive and possess lands, tenements, heredita- 
 ments, jurisdictions and franchises, for themselves and their 
 successors, in fee simple or otherwise howsoever ; and to pur- 
 chase, receive or build, any house or houses, or any other 
 buildings as they shall think needful or convenient for the use 
 of the said college of New Jersey, and in such place or places 
 in New Jersey, as they the said trustees shall agree upon, and 
 also to receive and dispose of any goods, chattels, and other 
 things of what nature soever, for the use aforesaid ; and also to 
 have, accept and receive any rents, profits, annuities, gifts, leg- 
 acies, donations and bequests of any kind whatsoever, for the use 
 aforesaid, so, nevertheless, that the yearly clear value of the prem- 
 ises do not exceed the sum of two thousand pounds sterling : 
 And therewith or otherwise to support and pay, as the said trus- 
 tees and their successors, or the major part of such of them as 
 (according to the provision herein afterwards) are regularly con- 
 vened for that purpose, shall agree and see cause, the president, 
 tutors and other officers or ministers of the said college, their 
 respective annual salaries or allowances, and all such other 
 necessary and contingent charges as from time to time shall 
 arise and acrue, relating to the said college; and also to grant, 
 bargain, sell, let, set or assign, lands, tenements or heredita- 
 ments, goods or chattels, contract or do all other things what- 
 soever, by the name aforesaid, and for the use aforesaid, in as 
 full and ample manner, to all intent and purposes, as any nat- 
 
NE W JERSE Y 327 
 
 ural persons, or other body politic or corporate is able to do, 
 by the laws of our realm of Great Britain, or of our said prov- 
 ince of New Jersey. And of our further grace, certain knowl- 
 edge and mere motion, to the intent that our said corporation 
 and body politic may answer the end of their erection and con- 
 stitution, and may have perpetual succession and continue for- 
 ever, we do for us, our heirs and successors, hereby will, give 
 and grant, unto the said trustees of the College of New Jersey, 
 and to their successors forever, that when any thirteen of the 
 said trustees or of their successors are convened and met 
 together as aforesaid, for the service of the said college, the 
 Governor and Commander in chief of our said province of New 
 Jersey, and in his absence, the president of the said college, 
 and in the absence of the said Governor and president, the 
 eldest trustee present at such meeting, from time to time, shall 
 be president of the said trustees in all their meetings : and at 
 any time or times such thirteen trustees convened and met as 
 aforesaid, shall be capable to act as fully and amply, to all in- 
 tents and purpose, as if all the trustees of the said college were 
 personally present ; provided always, that a majority of the said 
 thirteen trustees be of the said province of New Jersey, except 
 after regular notice they fail of coming, in which case those 
 that are present are hereby empowered to act, the different 
 place of their abode notwithstanding ; and all affairs, and 
 actions whatsoever, under the care of the said trustees, shall be 
 determined by the majority or greater number of those thirteen, 
 so convened and met together, the president whereof shall have 
 no more than a single vote. And we do for us, our heirs and 
 successors, hereby will, give and grant full power and authority, 
 to any six or more of the said trustees, to call meetings of the 
 said trustees, and to order notice to the said trustees of the 
 times and places of meeting for the service aforesaid. And also 
 we do hereby for us, and our heirs and successors, will, give 
 and grant, to the said trustees of the College of New Jersey, 
 and to their successors forever, that the said trustees do elect, 
 
,28 EDUCATION IN THE COLONIES 
 
 nominate and appoint such a qualified person as they, or the 
 major part of any thirteen of them convened for that purpose as 
 above directed, shall think fit, to be the president of the said 
 college, and to have the immediate care of the education and 
 government of such students as shall be sent to, and admitted 
 into the said college for instruction and education; and also that 
 the said trustees do elect, nominate and appoint so many tutors 
 and professors, to assist the president of the said college, in the 
 education and government ofthe students belonging to it, as they, 
 the said trustees, or their successors, or the major part of any 
 thirteen of them, which shall convene for that purpose as above 
 directed, shall, from time to time, and at any time hereafter, 
 think needful and serviceable to the interests ofthe said college; 
 and also, that the said trustees, and their successors, or the 
 major part of any thirteen of them, which shall convene for 
 that purpose, as above directed, shall at any time displace and 
 discharge from the service of the said college such president, 
 tutors and professors, and to elect others in their room and 
 stead ; and also that the said trustees, or the successors, or the 
 major part of any thirteen of them, which shall convene for that 
 purpose, as above directed, do from time to time, as occasion 
 shall require, elect, constitute and appoint a treasurer, a clerk, an 
 usher, and a steward for the said college, and appoint to them, 
 and each of them, their respective business and trusts, and dis- 
 place and discharge from the service of the said college such 
 treasurer, clerk, usher or steward, and to elect others in their 
 room and stead; which president, tutors, professors, treasurer, 
 clerk, usher and steward so elected and appointed, we do for 
 us, our heirs and successors, by these presents, constitute and 
 establish in their several offices, and do give them, and every of 
 them, full power and authority to exercise the same in the said 
 College of New Jersey, according to the direction, and during 
 the pleasure of the said trustees, as fully and freely as any 
 other, the like officers in our wniversities or any of our colleges, 
 in our realm of Great Britain, lawfully may and ought to do. 
 
NEW JERSEY 329 
 
 And also that the said trustees, and their successors, or the 
 major part of any thirteen of them, which shall convene for that 
 purpose as above directed, as often as one or more of the said 
 trustees shall happen to die, or by removal or otherwise shall 
 become unfit or incapable, according to their judgment, to 
 ser\'e the interest of the said college, do, as soon as conven- 
 iently may be, after the death, removal or such unfitness or in- 
 capacity of such trustee or trustees to serve the interest of the 
 said college, elect and appoint such other trustee or trustees 
 as shall supply the place of him or them so dying, or other- 
 wise becoming unfit or incapable to serve the interest of the 
 said college; and every trustee so elected and appointed shall 
 by virtue of these presents, and of such election, and appoint- 
 ment, be vested with all the power and privileges which any of 
 the other trustees of the said college are hereby invested with. 
 And we do further, of our special grace, certain knowledge and 
 mere motion, will, give and grant, and by these presents do for 
 us, our heirs and successors, will, give and grant, unto the said 
 trustees of the College of New Jersey, that they and their suc- 
 cessors, or the major part of any thirteen of them, which shall 
 convene for that purpose as above directed, may make, and 
 they are hereby fully empowered from time to time, freely 
 and lawfully to make and establish such ordinances, orders 
 and laws as may tend to the good and wholesome government 
 of the said college, and all the students and the several 
 officers and ministers thereof, and to the public benefit of the 
 same, not repugnant to the laws and statutes of our realm of 
 Great Britain, or of this our province of New Jersey, and 
 not excluding any person of any religious denomination 
 whatsoever from free and equal liberty and advantage of educa- 
 tion, or from any of the liberties, privileges, or immunities 
 of the said college, on account of his or their being of a relig- 
 ious profession different from the said trustees of the said col- 
 lege; and such ordinances, orders and laws, which shall be so 
 as aforesaid made, we do, by these presents, for us, our heirs 
 
330 
 
 EDUCATION IN THE COLONIES 
 
 and successors, ratify, allow of and confirm, as good and effec- 
 ual, to oblige and bind all the said students and the several 
 officers and ministers of the said college; and we do hereby 
 authorize and empower the said trustees of the college, and 
 the president, tutors and professors by them elected and ap- 
 pointed, to put such ordinances and laws in execution, to all 
 proper intents and purpose. And we do further, of our 
 especial grace, certain knowledge and mere motion, will, give 
 and grant, unto the said trustees of the College of New Jer- 
 sey, that, for the encouragement of learning and animating the 
 students of the said college to diligence, industry and a laud- 
 able progress in literature, that they and their successors, or 
 the major part of any thirteen of them, convened for that pur- 
 pose as above directed, do, by the president of the said college 
 for the time being, or by any other deputed by them, give and 
 grant any such degree and degrees to any of the students of 
 the said college, or to any others by them thought worthy 
 thereof, as are usually granted in either of our universities or 
 any other college in our realm of Great Britain ; and that they 
 do sign and seal diplomas or certificates of such graduations, 
 to be kept by the graduates as perpetual memorials or testi- 
 monials thereof And further, of our especial grace, certain 
 knowledge and mere motion, we do, by these presents, for us, 
 our heirs and successors, give and grant unto the said trustees 
 of the College of New Jersey and to their successors, that they 
 ! and their successors shall have a common seal, under which 
 they may pass all diplomas, certificates of degrees, and all 
 other the affairs and business of and concerning the said cor- 
 poration, or of and concerning the said College of New Jersey, 
 which shall be engraven in such form and with such inscrip- 
 tion as shall be devised by the said trustees of the said college, 
 or the major part of any thirteen of them, convened for the 
 service of the said college as above directed. And we do 
 further, for us, our heirs and successors, give and grant unto 
 the said trustees of the College of New Jersey and their sue- 
 
NEW JERSEY 33! 
 
 cessors, or the major part of any thirteen of them, convened 
 for the service of the college as above directed, full power and 
 authority from time to time, to nominate and appoint all other 
 inferior officers and ministers, which they shall think to be 
 convenient and necessary for the use of the college, not herein 
 particularly named or mentioned, and which are accustomary 
 in our universities, or in any of our colleges in our realm of 
 Great Britain, which officers or ministers we do hereby empower 
 to execute their offices or trusts as fully and freely as any other 
 the like officers or ministers, in and of our universities or any 
 other college in our realm of Great Britain, lawfully may or 
 ought to do. And lastly, our express will and pleasure is, 
 and we do by these presents for us, our heirs and successors, 
 give and grant unto the said trustees of the College of 
 New Jersey and to their successors forever, that these our 
 letters patent, or the enrolment thereof, shall be good and 
 effectual in the law, to all intents and purposes, against us, 
 our heirs and successors, without any other license, grant or 
 confirmation from us, our heirs and successors, hereafter by 
 the said trustees to be had or obtained ; notwithstanding the 
 not reciting or misrecital, or not naming or misnaming of the 
 aforesaid offices, franchises, privileges, immunities, or other the 
 premises, or any of them ; and notwithstanding a writ of ad 
 quod damnum hath not issued forth to inquire of the premises 
 or any of them, before the ensealing hereof; any statute, act, 
 ordinance or provision, or any other matter or thing to the con- 
 trary notwithstanding; to have, hold and enjoy, all and sin- 
 gular the privileges, advantages, liberties, immunities and all 
 other the premises herein and hereby granted and given, or 
 which are meant, mentioned or intended to be herein and 
 hereby given and granted, unto them the said trustees of the 
 said College of New Jersey, and to their successors forever. 
 
 " In testimony whereof we have caused these our letters to 
 be made patent, and the great seal of our said Province of 
 New Jersey to be hereunto affixed. Witness our trusty and 
 
232 EDUCATION IN THE COLONIES 
 
 well-beloved Jonathan Belcher, Esquire, Governor and Com- 
 mander in-Chief of our said Province of New Jersey, this 
 fourteenth day of September, in the twenty-second year of our 
 reign, and in the year of our Lord, one thousand seven hun- 
 dred and forty-eight. 
 
 " I have perused and considered the written charter of incor- 
 poration, and find nothing contained therein inconsistent with 
 his Majesty's interest or the honor of the Crown. 
 
 J. Warrell, Att. Gen'l. 
 
 "September the 13th, 1748, this charter, having been read in 
 Council, was consented to and approved of. 
 
 Cha. Read, CI. Con. 
 
 " Let the great seal of the Province of New Jersey be affixed 
 to this charter. 
 
 J. Belcher. 
 
 " To the Secretary of the Province of New Jersey.'" 
 
 The representation of the provincial government in the col- 
 lege corporation in the person of the Governor of New Jersey 
 for the time being, seems to have met with opposition on the 
 part of the founders of the College. In a letter to one of them, 
 dated April 2, 1748, the Governor writes: "As to the matter 
 of the president of the trustees, I think Mr. Burr was con- 
 vinced with what I said, that it would be best to be always the 
 King's Governor for the time being, which may be of service 
 on many accounts. He is to be confined to a single vote, nor 
 is he to call or adjourn a meeting but in conformity to the 
 constitution. It is now 30 years since my first being one of 
 the trustees of Harvard College' by virtue of my being a 
 member of his Majesty's Council for the Massachusetts Bay, 
 and I could never observe any inconveniency in that part of 
 that charter. However I will consider and talk further with 
 
 > Given in the History of the College of New Jersey, I, 90-7. John Maclean, 
 Philadelphia, 1877. 
 
 2 Governor Belcher was graduated from Harvard College in 1699. 
 
NEW JERSEY 333 
 
 some of the Trustees on this article, and will give what dis- 
 patch I can to the charter."' 
 
 Four members of the Council of New Jersey were appointed 
 by the charter to the Board of Trustees. They were nomi- 
 nated, however, as individuals, not as ex-officio members. 
 According to Governor Belcher, the Assembly was ill disposed 
 towards the College of New Jersey. He writes on June 27, 
 1748: 
 
 " I am at present much discouraged about a college, not 
 seeing where money will be found to build the house and to 
 support the necessary officers ; for the Assembly (many of 
 them Quakers) will do nothing towards it, so that if carried 
 into execution it must be by subscriptions — which I will en- 
 courage and do all in my power that so noble a design may 
 not miscarry."^ 
 
 He writes again in 1750 : " When I consider the poverty of 
 this little province where are very few people of fortunes, and 
 great numbers of Quakers among us, who you know are 
 enemies to what they call human learning and to orthodoxy in 
 religion, and this sect has so much influence in the legislature 
 that I almost despair of any help there towards the building 
 and support of our college. We must therefore hope for and 
 beg the benevolence and generosity of such well disposed 
 Christians as may be induced to assist in this difficult under- 
 taking, and may God speed the plough."' 
 
 Colonel Alford, of Boston, to whom the above plea was ad- 
 
 ^ New Jersey ArcAives, VII, 118. See also Maclean's History of the College 
 of New Jersey, I, 87-89. 
 
 2 Ibid., VII, 146. In this same letter, which was addressed to a land company, 
 known as the West New Jersey Society, the Governor remarks : " You very justly 
 observe that the building of a college and putting forward inferior schools in the 
 Province of New Jersey will promote trade, increase the inhabitants, make them see 
 the advantage and beauty of government, and all these things must add consider- 
 able value to your estate in the rise of lands." 
 
 ^Ibid., VII, 579-80. 
 
334 EDUCATION IN THE COLONIES 
 
 dressed, seems to have responded, for two years later Governor 
 Belcher thanks him in the name of the trustees for his " kind 
 and generous subscription for the encouragement and better 
 establishmentof this seminary put forward . . . for promoting 
 the honor and interest of the kingdom of the blessed Jesus, as 
 well as for giving an opportunity to the inhabitants of this and 
 the neighboring provinces to improve themselves in religion 
 and human literature." ' 
 
 The Governor had already privately written to this gentle- 
 man : " I thank God and thank you for the generous and noble 
 example you have set at the head of a subscription in favor of 
 our poor college, which crawls along but very slowly. If we 
 can by the favor of heaven get wherewith to build a proper 
 house, and to support the president and two tutors, I am well 
 satisfied this seminary would be a great blessing to these parts 
 of America and in time would be more probable to furnish 
 missionaries to the heathen nations than any other of our 
 colleges." ' 
 
 The Governor also proposed that an agent should be sent to 
 England to solicit subscriptions, and on October 2, 1 751, he 
 suggested to President Burr to follow the example of Dr. 
 Increase Mather on a similar occasion in behalf of Harvard 
 College. The Governor adds : " Pillow this matter, and let 
 me have your answer by the return of the post, and if you 
 approve it, we must immediately send circular letters for a 
 speedy meeting of the trustees, for there must not be a day 
 lost. This great affair hangs heavy upon me." ' 
 
 Funds for the College were eventually obtained, and in 1755 
 a building was erected at Princeton, which the trustees pro- 
 posed to name " Belcher Hall " in honor of Governor Belcher. 
 
 1 Ibid., VIII, 109. 2 Ibid., VIII, 10. 
 
 ^ Ibid., VII, 618-9. President Burr was unable to go to England, but agents 
 were sent over in 1753. They carried with them a petition for aid for the College 
 from the Synod of New York to the General Assembly of the Church of Scotland. 
 Their mission was highly successful. (Maclean's History, I, 149-152.) 
 
NEW JERSEY 335 
 
 But at the Governor's suggestion it was instead christened 
 Nassau Hall in tribute to King William the Third.' 
 
 Governor Belcher died in 1757, and Francis Bernard suc- 
 ceeded him as royal governor. Among the royal instructions 
 to Governor Bernard were the following : " Sect. 65. We do 
 further direct that no schoolmaster be henceforth permitted to 
 come from England and to keep school in the said province 
 without the license of the said bishop of London, and that no 
 other person now there or that shall come from other parts, 
 shall be admitted to keep school in that our said province of 
 New Jersey, without your license first obtained. . . . 
 
 " Sect. 67. . . . And it is our further will and pleasure that 
 you recommend to the Assembly to enter upon proper meth- 
 ods for the erecting and maintaining of schools in order to the 
 training up of youth to reading and to a necessary knowledge 
 of the principles of religion." "... 
 
 The Assemblies of 176 1 and '62, passed two lottery Acts in 
 the interest of education, in 1761, " an Act to empower the 
 church wardens and vestrymen of St. Peters Church, in the 
 city of Perth Amboy, to raise by lottery a sum of money for 
 repairing the church, parsonage, school house and ferry house 
 in said city," ' and in 1762, " an Act to empower the trustees of 
 the College of New Jersey to raise by a lottery,* a sum of money 
 for the use of said college." ' . . . 
 
 In 1763, William Franklin was appointed Governor and he 
 
 1 Hid., I, 147. 
 
 2 N. y. Archives, First Series, IX, 68, 69. 
 
 ' Acts of the General Assembly of the Province of New Jersey, ch. 348, p. 245. 
 Samuel Allinson, Burlington, 1776. This act was limited to one year. 
 
 *In 1749 the Board of Trustees had petitioned the Assembly for a lottery for the 
 benefit of the College, and had been refused. Subsequently a lottery was set up for 
 that purpose in Philadelphia, and in 1753-4 the General Court of Connecticut 
 granted a license for a lottery to the trustees of the College of New Jersey. (See 
 Maclean's History, I, 136-7. 
 
 ° Allinson, ch. 364, p. 252. 
 
236 EDUCATION IN THE COLONIES 
 
 continued in office until the Revolution. On February 21, 
 1769, he laid before his Council a draft of a charter for incor- 
 porating " The Trustees of the free schools of the Town of 
 Woodbridge " which had been presented to him for his appro- 
 bation.' It was referred for futher consideration and in the 
 following May, " the Board resumed the consideration of the 
 charter of " The Trustees of the free schools of the town of 
 Woodbridge '' which being again read paragraph by paragraph 
 and some amendments made therein, the Council advised his 
 Excellency to cause the great seal to be affixed thereto." 
 
 Between 1730 and 1740 the Reformed Dutch Church in 
 America became divided on a question of the ordination of 
 clergymen. The party of the Coetus, in opposition to the party 
 of the Conferentia, desired a separate ecclesiastical organization 
 from that of the Classis of Amsterdam with an independent 
 power of ordination. A provincial seminary of the Dutch 
 Reformed persuasion was essential to this purpose ; conse- 
 quently after several vain petitions to the Governor of New 
 Jersey for a charter for such an institution,' the ministers of 
 the Coetus finally obtained a charter from the government 
 and, in 1770, Queens College was founded. 
 
 CHARTER* OF QUEEN's COLLEGE* 
 
 "George the third, by the grace of God, of Great Britain, 
 France and Ireland, King, Defender of the Faith, &c. To all 
 to whom these presents shall come greeting ; 
 
 " Whereas our loving subjects being of the Protestant Re- 
 
 > N. y. Archives, First Series, XVIII. I. = Ibid, XVIII, 6. 
 
 ' See the Historical Discourse delivered by the Hon. Joseph P. Bradley at the 
 Centennial celebration of Rutgers' College, 1870, pp. 76-7. 
 
 *The original charter was granted on November 10, 1766, but it was found 
 unsatisfactory, and the following charter was therefore obtained. See The Char, 
 ter of Queen's College in New Jersey, with Appendix, printed for the Trustees 
 at New Brunswick. 
 
 * Renamed Rutgers College in 1S25. 
 
a\-EIV JERSEY 337 
 
 formed religion, according to the constitution of the reformed 
 churches in the United Provinces, and using the discipline of 
 the said churches, as approved and instituted by the national 
 Synod of Dort in the years one thousand six hundred and 
 eighteen, and one thousand six hundred and nineteen, are in 
 this and the neighbouring provinces very numerous, consist- 
 ing of many churches and religious assemblies, the ministers 
 and elders of which having taken into serious consideration 
 the manner in which the said churches might be properly 
 supplied with an able, learned and well-qualified ministry ; 
 and thinking it necessary, and being very desirous that a 
 college might be erected for that purpose within this our 
 Province of New Jersey, in which the learned languages and 
 other branches of useful knowledge may be taught, and de- 
 grees conferred ; and especially that young men of suitable 
 abilities may be instructed in divinity, preparing them for the 
 ministry, and supplying the necessity of the churches ; for 
 themselves and in behalf of their churches, presented a peti- 
 tion to our trusty and well-beloved William Franklin, Esq., 
 Governour and Commander-in-Chief, in and over our Province 
 of New Jersey in America, setting forth that inconveniences 
 are manifold and the expenses heavy, in either being supplied 
 with ministers of the gospel from foreign parts, or sending 
 young men abroad for education ; that the present and in- 
 creasing necessity for a considerable number to be employed 
 in the ministry is great ; that a preservation of a fund for the 
 necessary uses of instruction very much depends upon a char- 
 ter ; and therefore humbly entreat, that some persons might 
 be incorporated in a body politic, for the purposes aforesaid : 
 " And we being willing to grant the reasonable request and 
 prayer of the said petitioners, and to promote learning for the 
 benefit of the community and advancement of the Protestant 
 religion of all denominations ; and more especially to remove 
 as much as possible the necessity our said loving subjects have 
 hitherto been under, of sending their youth intended for the 
 
338 EDUCATION IN THE COLONIES 
 
 ministry, to a foreign country for education, and of being sub- 
 ordinate to a foreign ecclesiastical jurisdiction : 
 
 " Know ye therefore, that considering the premises, we do of 
 our special grace, certain knowledge and mere motion, by these 
 presents, will, ordain, grant and constitute, that there be a 
 college, called Queen's College, erected in our said Province 
 of New Jersey, for the education of youth in the learned lan- 
 guages, liberal and useful arts and sciences, and especially in 
 divinity preparing them for the ministry and other good 
 offices : And that the trustees of the said college and their 
 successors for ever, may and shall be one body corporate and 
 politic, in deed, fact and name, and shall be called, known and 
 distinguished by the name of the Trustees of Queen's College, 
 in New Jersey: And we having further willed and constituted, 
 and by these presents of our special grace, certain knowledge 
 and mere motion, do for us, our heirs and successors, will, give, 
 grant, constitute and ordain, that there shall be from hence- 
 forth for ever a body politic consisting of the Trustees of the 
 said Queen's College, in New Jersey. 
 
 " And for the more full and more perfect erection of the said 
 corporation and body politic consisting of the Trustees of 
 Queen's College, in New Jersey; We do of our special grace, 
 certain knowledge and mere motion, by these presents, for us, 
 our heirs and successors, create, ordain, constitute, nominate 
 and appoint, the Governor or Commander in chief, the Presi- 
 dent of the Council, our Chief Justice, and our Attorney 
 General of said Colony, for the time being ; Sir William John- 
 son, Baronet, and Johannes Henricus Goetschius, Johannes 
 Leydt, David Maurinus, Martinus Van Harlingen, Jacob R. 
 Hardenbergh, and William Jackson of our said Colony of 
 New-Jersey, Samuel Verbryk, Barent Vrooman, Maurice 
 Goetschius, Eilardus Westerlo, John Schuneman, of our Pro- 
 vince of New- York ; and Philip Wyberg, and Jonathan Dubois 
 of the Province of Pennsylvania; Hendrick Fisher, Peter 
 Zabriskie, Peter Hasenclever, Peter Sclienck, Tunis Dey, 
 
NEW JERSEY 339 
 
 Philip French, John Covenhoven, Henricus Kuyper, of our 
 Colony of New-Jersey, Esqrs., and Simon Johnson, Philip 
 Livingston, Johannes Hardenbergh, Abraham Hasbrouck, 
 Theodorus Van Wyck, Abraham Lott, Robert Livingston, 
 Levi Pauling, John Brinckerhoff, Nicholas Stillwill, Martinus 
 Hoffman, Jacob H. Ten Eyck, John Haring, Isaac Vrooman, 
 Barnardus Ryder, of our Province of New- York, Esqrs., 
 Trustees of our said Queen's College, in New Jersey. 
 
 "And that the said trustees do at their first meeting, after the 
 receipt of these presents and before they proceed to any busi- 
 ness, take the oaths appointed to be taken by an act passed in 
 the sixth year of our reign, entitled, " An Act for altering the 
 " oaths of abjuration and assurance, and for amending so much 
 " of an Act of the seventh year of her late majesty Queen Anne, 
 " entitled, for the improvement of the union of the two king- 
 " doms, as after the time therein limited, requires the delivery 
 " of certain lists and copies therein mentioned to persons in- 
 " dieted of high treason, or misprision of treason : as also that 
 " they make and subscribe the declaration mentioned in an Act 
 " of parliament, made in the twenty-fifth year of the reign of 
 King Charles the second, entitled," An Act for preventing 
 dangers which may happen from Popish recusants, and like- 
 wise take an oath for faithfully executing the office or trust 
 reposed in them, which said oaths shall be administered to them 
 by any one of our justices of the supreme court, or judges of 
 the inferior court of common pleas of this our Colony of New- 
 Jersey ; and when, and as often as any new member or officer 
 shall be elected or chosen hereafter pursuant to this our 
 charter, he or they so elected or chosen shall take and subscribe 
 the aforementioned oaths and declarations in the manner above 
 directed, before his admission into his trust or office. 
 
 "And we do will and direct, that the first meeting of the said 
 trustees shall be at or near the Court Hou.se in New Barba- 
 does, in the County of Bergen, on the second Tuesday in May 
 next, but all other meetings hereafter to be held, shall be at 
 
340 
 
 EDUCATION IN THE COLONIES 
 
 such times and places in our said colony, as the majority of the 
 trustees from time to time shall think proper. And we do will 
 and direct that no meeting of the trustees, succeeding the first 
 already fixed, shall be valid, or legal, for doing any business 
 whatsoever, unless public notice of such meeting shall have 
 been given in the Gazette, or other public papers printed in 
 New- York, at least three weeks before the day of meeting, 
 signed by the president or person officiating as clerk to the 
 trustees, for the time being ; or unless the time and place shall 
 be fixed by the majority of the trustees, at their last meeting, 
 and notice thereof given as before directed. 
 
 " And we further will and grant that the said trustees, or any 
 twelve, or greater number shall have full power and authority 
 to elect by ballot, and not otherwise, any number of persons 
 or trustees, at any, and upon any vacancy, so that the whole 
 number of trustees do not exceed forty-one, and that not above 
 one-third of the said number, at any time, be of those ordained 
 ministers of the gospel ; and that at their first and every meet- 
 ing, the Governour of our Colony for the time being, shall be 
 president of the trustees, and in his absence, the President of 
 our Council, and in his absence, our Chief Justice, and in his 
 absence, our Attorney General, each for the time being; and in 
 case of their absence, we will, and order that the trustees 
 present, shall elect and choose one from among themselves, 
 who shall be president of the trustees at that meeting ; which 
 said president, hereinbefore appointed, or so chosen, is hereby 
 authorised and empowered to be president of the trustees at the 
 said meeting; to regulate their proceedings, take in suffrages, 
 and have, over and above his vote as a trustee, a casting vote, 
 when the votes of the trustees are equal. 
 
 " And we further of our special grace, certain knowledge, and 
 mere motion, for us, our heirs and successors, will, give, grant, 
 and , appoint, that the said trustees and their successors shall 
 forever hereafter, be in deed, fact, and name, a body corporate 
 and politic, and that they the said body corporate and politic, 
 
NEW JERSEY 34 1 
 
 shall he known and distinguished in all deeds, grants, bargains, 
 sales, writings, evidences, moniments, or otherwise however, 
 and in all courts for ever hereafter, shall and may sue, and be 
 sued, plead and be empleaded, by the name of the Trustees of 
 Queen's College in New-Jersey ; and that the said corporation 
 by the name aforesaid, shall be able, and in law capable, for the 
 use of the said college, to have, get, acquire, purchase, receive 
 and possess, lands, tenements, hereditaments, jurisdictions and 
 franchises, for themselves and their successors, in fee simpie or 
 otherwise howsoever; and to purchase, receive, or build any 
 house, or houses, or any other buildings as they shall think 
 needful and convenient, for the use of the said Queen's College 
 and in such place or places in this our Colony of New- Jersey, 
 as they the said trustees, or the major part of them, met as 
 aforesaid, shall agree upon ; and also to receive any goods and 
 chattels, lands or tenements, for the use aforesaid ; and also to 
 have, accept and receive, any rents, profits, annuities, gifts, 
 legacies, donations and bequests of any kind whatsoever, for 
 the use aforesaid : Neverthelef^s that the yearly clear value of 
 the premises, do not exceed the sum of three thousand pounds 
 sterling ; and therewith or otherwise to support and pay (as 
 the said trustees and their successors, or the major part of 
 them which regularly convene for that purpose shall agree and 
 see cause) the president, professors, tutors, and other officers 
 or ministers of the said Queen's College, their respective annual 
 salaries or allowances, and all such other necessary and con- 
 tingent charges, as from time to time shall arise and accrue 
 relating to the said Queen's College. And also to grant, bar- 
 gain, sell, let or assign, lands, tenements, hereditaments, goods 
 or chattels, and contract, or do all other things whatsoever by 
 the name aforesaid, and for the use aforesaid, in as full and 
 ample manner to all intents and purposes, as any natural per- 
 son, or any other body politic or corporation, is able to do 
 by the laws of our realm of Great Britain, or of our said 
 Province of New- Jersey. 
 
342 
 
 EDUCATION IN THE COLONIES 
 
 "And of our further grace, certain knowledge, and mere 
 motion, to the intent that our said corporation and body poli- 
 tic, may answer the end of their erection and constitution, 
 and may have perpetual succession, and continuance forever. 
 We do for us, our heirs and successors, hereby will, give and 
 grant, unto the said trustees of Queen's College in New-Jersey, 
 and to their successors forever, that when any twelve of the 
 said trustees for the time being, are convened and met together 
 as aforesaid for the service of the said college, they shall be 
 capable to act as fully and amply to all intents and purposes, as 
 if all the trustees of the said college were personally present; 
 and all matters whatsoever, under the care of the trustees, 
 shall be determined by the majority of those twelve, or any 
 greater number so convened and met together, as fully and 
 effectually as if the same had been concluded by the plurality 
 of votes of the whole number of trustees, met and assembled. 
 And we do hereby give and grant full power and authority to 
 any five or more of the said trustees, to call meetings of the 
 said trustees from time to time, and to order notice to be given 
 to the said trustees, of the time and places of meetings for the 
 service aforesaid, as hereinbefore is directed. 
 
 " And also, we do hereby for us, our heirs and successors, will, 
 give and grant unto the Trustees of Queen's College, in New- 
 Jersey, and their successors forever, that the said trustees, from 
 time to time, and forever hereafter, do elect, nominate and ap- 
 point such a qualified person, being a member of the Dutch 
 Reformed Church aforesaid, as they or the major part of any 
 twelve of them, convened for that purpose, as above directed, 
 shall think fit, to be the president of the said college; and to have 
 the immediate care of the education and government of such 
 students as shall be sent and admitted into the said college for 
 education and instruction ; and shall and may, by and with the 
 consent of the majority of the said trustees as aforesaid, confer 
 all such honorar)'- degrees as usually are granted and conferred 
 in any of our colleges in any of our colonies in America ; and 
 
NEW JERSEY 343 
 
 also, that the said trustees do elect, nominate and appoint a 
 professor in divinity, who shall and may read lectures in 
 theology, instruct the students in the science of divine truths 
 and the knowledge of the holy scriptures, who also may be 
 president of the college, or not, as the trustees shall see meet 
 and convenient ; and also such a number of other professors 
 and tutors, to assist the president of the said college, in the 
 education and government of the students belonging to it, as 
 they the said trustees, or their successors, or the major part of 
 them, which shall convene for that purpose, as above directed, 
 shall from time to time, and at any time hereafter, think neces- 
 sary for the advantage and well being of the said college. 
 
 "Provided always, and it is hereby declared and expressly 
 enjoined, that there shall always be, residing at or near said 
 college, at least one professor, or teacher well versed in the 
 English language, elected, nominated, maintained and sup- 
 ported by the said corporation, from time to time, and at all 
 times hereafter, grammatically to instruct the students of the 
 said college in the knowledge of the English language. Pro- 
 vided also, that all minutes of the meetings, and transactions 
 of the trustees, and all rules, orders and regulations, relating 
 to the government of the said college, and all accounts relating 
 to the receipts, and payments of money, shall be in the English 
 language, and no other. 
 
 "And we do hereby further give and grant to the said trus- 
 tees, and their successors, or the major part of any twelve of 
 them convened for that purpose, as above directed, full power 
 and authority, at any time to displace and discharge from the 
 service of the said Queen's College, such president, professor 
 of divinity, professors and tutors, and to elect others in their 
 room and stead ; and also that the said trustees, or their suc- 
 cessors as above directed, do, from time to time as occasion 
 shall require, elect, constitute, and appoint a treasurer, (which 
 treasurer shall give security to the trustees for the faithful 
 performance of his office, for such sum and in such manner as 
 
244 EDUCATION IN THE COLONIES 
 
 the said trustees shall see fit to require,) a clerk, and steward 
 for the said college, and shall likewise appoint to them, and 
 each of them, their respective business and trusts, and displace 
 and discharge from the service of said college, said treasurer, 
 clerk, or steward, and elect others in their room and stead; 
 which president, professor of divinity, tutors, professors, 
 treasurer, clerk, and steward, so elected and appointed. We do 
 for us, our heirs, and successors, by these presents, constitute 
 and establish in their several offices, and do give them and 
 every of them, full power and authority, to exercise the same 
 in the said Queen's College, in New-Jersey, according to the 
 direction, and during the pleasure of the said trustees, as 
 fully and freely as any other the like officers in any of our 
 colleges in our realm of Great Britain, lawfully may or ought 
 to do. 
 
 "And also, that the said trustees, and their successors in the 
 manner above directed, as often as the place of any one or 
 more of the said trustees shall become vacant by the death, 
 removal or immoral conduct of any one of the members (which 
 conduct shall be determined by the trustees, or the majority of 
 them,) shall and may elect and appoint, in the manner before 
 directed, such other trustee, or trustees, to supply the place of 
 him or them so dying, or otherwise becoming unfit or in- 
 capable to serve the said college ; and every trustee so elected 
 and appointed, shall by virtue of these presents, and of such 
 election and appointment, be vested with all the powers and 
 privileges which any of the other trustees of the said college 
 are hereby invested with. 
 
 " And we do further of our special grace, certain knowledge, 
 and mere motion, will, give and grant, and by these presents, 
 for us, our heirs and successors, do give and grant unto the 
 said Trustees of the said Queen's College, in New-Jersey, that 
 they and their successors, convened for that purpose, as above 
 directed, may make, and they are hereby fully empowered 
 from time to time, freely and fully to make and establish such 
 
NEW JERSEY 345 
 
 ordinances, orders and laws as may tend to the good, whole- 
 some government of the said college, and all the students, and 
 the several officers and ministers thereof, and to the public 
 benefit of the same, not repugnant to the laws and statutes o^ 
 our realm of Great Britain, or of this our province of New 
 Jersey ; and such ordinances, orders and laws, which shall be 
 so made as aforesaid, we do by these presents, for us, our heirs 
 and successors, ratify, allow and confirm, as good and effectual 
 to oblige and bind all the said students, and several officers 
 and ministers of the said Queen's College; and we do hereby 
 authorize and empower the said trustees of the said college, 
 and the president, professor of divinity, professors and tutors, 
 by them elected and appointed, to put such laws and ordinances 
 in execution, to all proper intents and purposes. 
 
 "And we do further by these presents, for us, our heirs and 
 successors, of our special grace, certain knowledge and mere 
 motion, give and grant, unto the said Trustees of Queen's Col- 
 lege, in New-Jersey, and to their successors, that they shall 
 have a common seal, under which they may pass diplomas and 
 certificates of advancement in literature, and the science of 
 theology, as aforesaid ; and that the said trustees of said col- 
 lege, by deed or deeds of conveyance, leases, or other legal 
 instruments, duly executed, under the hands of seven of the 
 trustees, at any public meeting, convened as hereinbefore 
 directed, and with the seal of the corporation affixed thereto, 
 may pass the estate of the said corporation, in lands or tene- 
 ments, in fee, or for years, to any person or persons ; and the 
 same deeds or leases shall pass the estate thereby intended to 
 be granted or leased, to all intents and purposes ; and to notify 
 all the necessary affairs and business of and concerning the 
 said corporation, or of and concerning the said Queen's College 
 in New- Jersey ; which common seal shall be engraved in such 
 form, and with such inscription as shall be devised by the said 
 Trustees of the said College, or the majorify convened as above 
 directed ; and shall have a book or books of entry, for the use 
 
246 EDUCATION IN THE COLONIES 
 
 of the trustees to be in such custody, with all other writings as 
 they shall appoint. 
 
 "And we do further for us, our heirs and successors, give 
 and grant unto the said Trustees of Queen's College, in New 
 Jersey, and their successors, or any twelve of them, as above 
 said, full power and authority from time to time, to nominate 
 and appoint all other inferior officers and ministers, which they 
 shall judge necessary for the use of the College, not herein 
 particularly named or mentioned ; which officers, or ministers, 
 we do hereby empower to execute their offices or trusts, as 
 fully and freely as any other the like officers and ministers in 
 any of our colleges, in our realm of Great Britain, lawfully 
 may or ought to do. 
 
 "And lastly, our express will and pleasure is, and we do by 
 these presents, for us, our heirs and successors, give and grant 
 unto the Trustees of Queen's College, in New-Jersey, and their 
 successors forever, that these, our letters patent, or the enrol- 
 ment thereof, shall be good and effectual in law to all intents 
 and purposes, against us, our heirs and successors, without any 
 other license, grant or confirmation from us, our heirs, and 
 successors, hereafter by the said trustees to be had and ob- 
 tained. Notwithstanding the not reciting or misreciting, or 
 not naming or misnaming of the aforesaid officers, franchises, 
 privileges, immunities, or other the premises, or any of them, 
 and notwithstanding a writ of Ad Quod Damnum hath not 
 issued forth to enquire of the premises, or any of thern before 
 the ensealing hereof, any statute, act, ordinance, provision, or 
 any other matter or thing, to the contrary, notwithstanding ; 
 To have, hold and enjoy, all and singular, the privileges, ad- 
 vantages, liberties, immunities, and all other the premises 
 herein or hereby granted and given, or which are meant, men- 
 tioned, or intended to be herein and hereby granted, unto 
 them, the said Trustees of the said Queen's College, in New 
 Jersey, and to their successors forever. 
 
 " In testimony whereof, we have caused these our letters to be 
 
NE W JERSE Y 347 
 
 made patent, and the great seal of our said province of New- 
 Jeraey to be hereunto affixed. Witness, our trusty and well 
 beloved, William Franklin, Esquire, Governour and Com- 
 mander in Chief of our said province of New-Jersey, this 
 twentieth day of March, in the tenth year of our reign, Anno 
 Domini, one thousand seven hundred and seventy." 
 
VIRGINIA 
 
 The colonization of Virginia was initiated in 1607 by the 
 London branch of the Virginia Company, a trading corpora- 
 tion which came to consist of a large number of shareholders, 
 and an executive council appointed by the shareholders and 
 presided over by the treasurer of the Company. A colonial 
 council and then a colonial governor was appointed by this 
 council in England, and in 1619 provision for a colonial 
 Assembly was made. 
 
 On November 18, 161 8, the following instructions were 
 given by the Council to the Colonial Governor : " Whereas by 
 a special grant and license from his Majesty, a general con- 
 tribution over this realm hath been made' for the building and 
 
 ' About the year 1616 the King ordered the bishops of England to collect money 
 for the erection of a college in Virginia. In 1619 Treasurer Sandys reported that 
 about ;£'l,500 had been raised by the bishops and that more subscriptions were 
 expected. (^History of the Virginia Company of London, p. 147, Edward D. 
 Neill, Albany, 1869.) A few months later, Sir Edwin Sandys reported that the 
 total receipts for the college for that year were ^^2,043 2s. Il^d., the disburse- 
 ments amounting to ;^I,477 '5^- iA- I" itemizing these figures the Treasurer 
 states that " two persons unknown have given fair plate and other rich ornaments 
 for two communion tables, whereof one for the college. . . . Another unknown 
 person (together with a goodly letter) \_Ibid., pp. 168-170] hath lately sent to the 
 Treasurer £,^,^0 in gold for the bringing up of children of the infidels: first, in the 
 knowledge of God and true religion; and next in fit trades whereby honestly to 
 live. Mr. Nicholas Ferrar, deceased, hath by his will given ;^30O for the college 
 in Virginia, to be paid when there shall be ten of the infidels' children placed in 
 it." . . {Ibid., pp. 181-2.) The donor of the ^£'550 wrote again to the Com- 
 pany in 1621, complaining that his gift had not been applied according to his 
 intent, and promising to increase it by £^^3 if eight or ten of the Virginians' chil- 
 dren should be brought to England and placed in Christ's Hospital, or in a new 
 foundation to be called the Virginian School and Hospital; otherwise, he wished 
 his original gift to be expended upon the erection of a free school in Southhampton 
 
 (348) 
 
VIRGINIA 
 
 349 
 
 planting of a college for the training up of the children of 
 those infidels in true religion, moral virtue and civility, and 
 for other godliness, we do, therefore, according to a former 
 grant and order,' hereby ratify, confirm and ordain that a 
 
 Hundred, where both English and Virginians might be taught together. (^Ibid , 
 pp. 287-9.) After this letter was read in Court, Sir Edwin Sandys gave a sum- 
 mary of the whole transaction. He stated that the Company had finally resolved 
 to settle the £^^0 upon Southhampton Hundred, "to undertake for a certain 
 number of infidel children to be brought up by them in Christian religion and 
 some good trade to live by ;" but that Southhampton Hundred offered to pay one 
 hundred pounds to be excused from the undertaking; that at length, however, 
 after being earnestly pressed by the Court, that Society had agreed to use the 
 money, " together with an addition out of the Society's purse of a far greater sum, 
 towards the furnishing out of Captain Bluet and his company, being ten able, very 
 sufficient workmen, with all manner of provisions for setting up of an ironwork in 
 Virginia," the profits to be appropriated to the education of 30 Indian children in 
 religion ; that the Society had written to Governor Yeardly, Governor of Virginia 
 and Captain of Southhampton Hundred, to employ his best care and industry 
 therein, as a work whereon the eyes of God, angels and men were fixed; that the 
 work had been checked by the death of Captain Bluet soon after his arrival in the 
 colony and by the unwillingness of the Indians, but that a fresh supply had been 
 sent over, and it was hoped that the donor " would receive good satisfaction of that 
 faithfiil account which they should be able, and at all times ready, to give touching 
 the employment of the said money." The Treasurer also observed that he thought 
 it would be futile, judging from Sir Thomas Dale's experience, to bring over In- 
 dian children to England, and that the cost would be too great to build a free 
 school for them in Virginia. He urged that the unknown donor should meet with 
 the Southhampton Hundred Society and resolve upon some constant course for the 
 "perfecting of this most pious work, for which he prayed the blessing of God to 
 be upon the author thereof. And all the Company said, ' Amen.' " (^Abstract 
 of the Proceedings of the Virginia Company of London, prepared from the 
 records in the Library of Congress by Conway Robinson, I, 163-5 '" '^^ Collec- 
 tions of the Virginia Historical Society, New Series, VII, Richmond, 1888.) 
 
 ' I have been unable to find any specific record of this " former grant 
 and order." In a letter of complaint addressed by the Company to Deputy- 
 Governor Argall on August 22, l5i8, a reference seems to be made to this grant. 
 The Company write : " As for the debts and wages which you say you have paid 
 for, we marvel you do not send us a note of the particulars, ... if there be any 
 such matter, or that you have provided any stuff for the college as you writ, yet 
 you must not imagine that we are so insensible of reason as to suffer either of those 
 to be a cloak for you to detain our hides or to convey away all our cattle and corn." 
 {History of the Virginia Company, p. 117.) 
 
35° 
 
 EDUCATION JN THE COLONIES 
 
 convenient place be chosen and set out for the planting of a 
 university at the said Henrico in time to come, and that in the 
 mean time, preparation be there made for the building of the 
 said college for the children of the infidels according to such 
 instructions as we shall deliver. And we will and ordain that 
 ten thousand acres, partly of the lands they impaled and partly 
 of the land within the territory of the said Henrico, be allotted 
 and set out for the endowing of the said university and college 
 with convenient possessions." ' 
 
 On May 26, 1619, Sir Edwin Sandys, the recently elected 
 Treasurer of the Company, moved that 50 persons should be 
 sent out to develop this college grant, and that they should 
 retain one-half of their profits and give over the other half 
 " to go in getting forward the work and for maintenance of the 
 tutors and scholars." And in the following month it was 
 agreed by the Court that a ship should be sent out for this 
 purpose not later than the middle of the following July." 
 
 On June 14, 1619, " it was moved by Mr. Treasurer that the 
 Court would take into consideration to appoint a committee of 
 choice gentlemen and others of his Majesty's Council for Vir- 
 ginia concerning the college, being a weighty business, and so 
 great that an account of their proceedings therein must be 
 given to the State.'" And the same was done. 
 
 In the spring of i6ig, one hundred children were supplied 
 by the City of London to be sent out by the Company to 
 Virginia, and as a contribution to this purpose ;^500 were 
 subscribed by " divers well and godly disposed persons, chari- 
 tably minded towards the plantation in Virginia." On Feb- 
 ruary 2, 1620, the Company agreed that all these children 
 should be educated and brought up in some good trade or 
 profession, so that they might gain their livelihood by the 
 time they were 21 years old, or by the time they had served 
 
 1 Manuscript instructions to Yeardley. Va. Records, small folio, in Library 
 of Congress. Quoted by Neill in History of the Virginia Company, p. 137. 
 »/3ii^., pp. 146-9. '/(5ju'., p. 150. 
 
VIRGINIA 
 
 351 
 
 their seven years apprenticeship.' These apprentices were 
 very welcome to the colonists,' and so the following year the 
 Company requested the City to supply some more children, 
 and because people at home could bind out their children as 
 apprentices for 5 marks, the Company agreed to send them 
 to Virginia on the same terms.' 
 
 In 1 62 1 Sir Francis Wyatt was commissioned Governor 01 
 Virginia by the Company. Besides the new charter which he 
 carried with him providing for an elective Assembly, he was 
 given certain personal instructions. Among others, he was 
 bidden " to use means to convert the heathen, viz., to converse 
 with some ; each town to teach some children fit for the col- 
 lege intended to be built .... to put prentices to trades, 
 and not let them forsake their trades for planting, or any such 
 useless commodity." * 
 
 In 1622, the overseer and some of the tenants who had 
 been sent over by the Company to settle the college land 
 were killed in the Indian massacre which occurred in that 
 year. And although the Company wrote to the Governor 
 and Council in Virginia that the replanting of the college 
 lands and the other places which had been deserted was " of 
 absolute necessity lest the best fire that maintains the action 
 here alive be put out," and urged them to take the college 
 affairs into their consideration " not only as a public, but as a 
 sacred matter," ' there is no record of there settling of the 
 " college plantation." 
 
 About this time an abortive attempt was also made by the 
 Company for the provision of elementary education in Virginia. 
 On October 24, 1621, the Court was informed that one Dr. 
 Copeland ' had collected i.'jo from his fellow passengers on 
 
 1 Proceedings of the Va. Co., I, 40. ' Ibid., I, 24. » Ibid., I, 96. 
 
 * The Slatutes-at Large, being a collection of all the laws of Virginia, I, 1 14, 
 115. Compiled by William Waller Hening, New York, 1823. 
 6 History of the Va. Co., pp. 328, 329. 
 « Dr. Copeland was afterwards admitted as a Free Brother of the Company, and 
 
352 
 
 EDUCATION IN THE COLONIES 
 
 board one of the ships of the East India Company, for the 
 building of a church or school in Virginia. A committee was 
 consequently appointed to manage this affair and they reported 
 that having taken " into consideration whether a church or 
 school was most necessary, and might nearest agree to the 
 intentions of the donors, it was conceived that for as much as 
 each particular plantation, as well as the general, either had 
 or ought to have a church appropriated unto them, there was 
 therefore a greater want of a school than of churches. As also 
 for that it was impossible, with so small a proportion, to com- 
 pass so great a charge as the building of a church would 
 require, they therefore conceived it most fit to resolve for the 
 erecting of a public free school, which, being for the education 
 of children and grounding of them in the principles of religion, 
 civility of life and humane learning seemed to cany with it the 
 greatest weight and highest consequence unto the plantation 
 as that whereof both church and commonwealth take their 
 original foundation and happy estate, this being also like to 
 prove a work most acceptable unto the planters, through want 
 thereof they have been hitherto constrained to their great 
 costs to send their children from thence hither to be taught 
 .... It was also thought fit that in honor of the East Indy 
 benefactors, the same should be called the East Indy School, 
 who shall have precedence before any other to prefer their 
 children thither to be brought up in the rudiments of learning. 
 It was also thought fit that this, as a collegiate or free school, 
 should have dependence upon the college in Virginia, which 
 
 presented with 300 acres of land in Virginia in recognition of his zeal for the good 
 of the colony. (Ibid., pp. 252, 256.) Shortly before the news of the Indian 
 massacre reached England, Copeland was appointed rector of the college at Hen- 
 rico (/i5zV.,p. 251, foot-note), and was allowed one-tenth of the profits of the labor 
 of the college tenants. He was also to have pastoral charge of these tenants, with 
 the benefit of a parsonage house, and he was appointed on the Council in 
 Virginia. ( Va. Hist. Coll., VII, 218; Virginia Carolorum, pp. 196-7, footnote, 
 E. D. Neill, Albany, 1886. See, also. Proceedings of the Virginia Company, I, 
 146-7 and foot-note, 152, 165-6.) 
 
VIRGINIA 
 
 353 
 
 should be made capable to receive scholars from the school 
 into such scholarships and fellowships of said college, shall be 
 endowed withal for the advancement of scholars as they arise 
 by degrees and deserts in learning. That for the better main- 
 tenance of the schoolmaster and usher intended there to be 
 placed, it was thought fit that it should be moved at the next 
 Quarter Court that lOOO acres of land should be allotted unto 
 the said school, and that five persons, besides an overseer of 
 them, should be forthwith sent upon this charge, in the condi- 
 tion of apprentices, to manure and cultivate the said land, and 
 that, over and above this allowance of land and tenants unto 
 the schoolmaster, such as send their children to this school 
 should give some benevolence unto the schoolmaster, for the 
 better increase of his maintenance. That it should be specially 
 recommended to the Governor to take care that the planters 
 there be stirred up to put their helping hands towards the 
 speedy building of the said school, in respect their children are 
 like to receive the greatest benefit there by in their education ; 
 and to let them know that those that exceed others in their 
 bounty and assistance hereunto shall be privileged with the 
 preferment of their children to the said school before others 
 that shall be found less worthy' . . . . " On November 
 19th, this report v/as approved by the Quarter Court, but the 
 Court experienced difficulty in finding a schoolmaster, and so 
 the colonial authorities were empowered to fill that place.' 
 However in 1622, a carpenter and 5 apprentices were sent over 
 to build a schoolhouse and, in 1623, the East India Company 
 took up a collection for the school and handed over the proceeds 
 to the Virginia Council.' One Carolofif was sent over to look 
 after the school. In June, 1625, the Governor and Council of 
 Virginia write to the home authorities : " We should be ready 
 with our utmost endeavors to assist the pious work of the East 
 India free school, but we must not dissemble that besides the 
 
 1 Hist, of the Va. Co., pp. 251-6. 'Ibid., p. 256. 
 
 ' Va. Carolorum, p. 196, foot-note. 
 
354 
 
 EDUCATION IN THE COLONIES 
 
 unseasonable arrival, we thought the acts of Mr. Carolofif will 
 overbalance all his other sufficiency, though exceeding good.'" 
 There is no further mention of the proposed foundation. 
 
 In 1624 the charter of the democratic Virginia Company 
 was annulled and Virginia became a royal province. A royal 
 Governor and Council were appointed by the King, and after 
 an interval of five years a General Assembly was again con- 
 vened. 
 
 At an Assembly held at James City, March 2, 1643, and 
 consisting of Sir William Berkeley, Governor, lO Councilmen 
 and 27 Burgesses, representatives of ten counties, a general 
 revisal of the laws of the province was undertaken. In it were 
 included the following Acts: 
 
 ACT XVIII 
 
 " Be it also enacted and confirmed upon consideration had 
 of the godly disposition and good intent of Benjamin Symms, 
 deceased, in founding by his last will and testament a free 
 school in Elizabeth County, for the encouragement of all 
 others in the like pious performances, that the said will and 
 testament with all donations therein contained concerning the 
 free school and the situation thereof in the said county and 
 the land appertaining to the same, shall be confirmed accord- 
 ing to the true meaning and godly intent of the said testator, 
 without any alienation or conversion thereof to any place or 
 county.'" 
 
 ACT XXXIV 
 
 " Whereas there hath been the general suffering of the 
 colony that the orphans of divers deceased persons have been 
 very much abused and prejudiced in their estates by the negli- 
 gence of overseers and guardians of such orphans, Be it 
 therefore enacted and confirmed, . . . And all overseers and 
 guardians of such orphans are enjoined by the authority 
 aforesaid to educate and instruct them according to their best 
 
 ' Hist, of Va. Co., pp. 256-7. '■' Hening, I, 252. 
 
VIRGINIA 355 
 
 endeavors in Christian religion and in rudiments of learning' 
 and to provide for them necessaries according to the compe- 
 tence of their estates." "... 
 
 In 1646 an elaborate plan for industrial education was 
 advanced by the Assembly. As the foregoing Act for the 
 education of orphans was continued in the government's sub- 
 sequent provisions for such children, so the following Act 
 marks out the settled policy of the State in the matter of 
 industrial training. 
 
 At a Grand Assembly begun at James City, the sth of 
 October, 1646. 
 
 ACT xxvii 
 
 " Whereas sundry laws and statutes by act of Parliament 
 established, have with great wisdom ordained, for the better 
 education of youth in honest and profitable trades and manu- 
 factures, as also to avoid sloth and idleness wherewith such 
 young children are easily corrupted, as also for relief of such 
 parents whose poverty extends not to give them breeding, 
 that the justices of the peace should, at their discretion, bind 
 out children to tradesmen or husbandmen to be brought up 
 
 ^ All subsequent legislation concerning orphans provided for their education in 
 some sort. It was enacted in 1656 that they were " to be educated upon the in- 
 terest of the estate, if it will bear it, according to the proportion of the estate ; but 
 if the estate be so mean and inconsiderable that it will not reach to a free educa- 
 tion, then that orphan be bound to some manual trade till one and twenty years 
 of age, except some friends or relations be willing to keep them." . . [Hid., 
 I, 416.) The courts were empowered to remove to other guardians orphans who 
 were not maintained and educated according to their estates, or who, when ap- 
 prenticed, were neglected in their industrial training. {Hid., II, 417.) See, also, 
 14th Charles II, Chap. LXVI, and 4th Anne, Chap. XXXIII. In this latter act 
 it is ordered that orphans that are bound apprentices shall also be taught to read 
 and write by their masters. [Ibid., Ill, 375.) This is, likewise, provided for in 
 22d George IF, Chap. IV. In this Act male orphans may be bound apprentice to 
 tradesmen, merchants and mariners, and female orphans "to some suitable trade 
 or employment." [Ibid., V, 452.) 
 
 ^Ibid., I, 260-1. 
 
356 
 
 EDUCATION IN THE COLONIES 
 
 in some good and lawful calling. And whereas God Almighty, 
 among his many other blessings, hath vouchsafed increase of 
 children to this colony, who now are multiplied to a consider- 
 able number, who if instructed in good and lawful trades, may 
 much improve the honor and reputation of the country, and 
 no less their own good and their parents comfort : But foras- 
 much as for the most part, the parents either through fond 
 indulgence or perverse obstinacy, are most averse and un- 
 willing to part with their children, Be it therefore enacted by 
 authority of this Grand Assembly, according to the aforesaid 
 laudable custom in the Kingdom of England, that the com- 
 missioners of the several counties respectively do, at their 
 discretion, make choice of two children in each county at the 
 age of eight or seven years at the least, either male or female, 
 which are to be sent up to James City between this and June 
 next to be employed in the public flax houses under such 
 master and mistress as shall be there appointed in carding, 
 knitting and spinning. And that the said children be furn- 
 ished from the said county with six barrels of corn, two 
 coverlets, or one rug and one blanket, one bed, one wooden 
 bowl or tray, two pewter spoons, a sow shote of six months 
 old, two laying hens, with convenient apparel both linen and 
 woolen, with hose and shoes. And for the better provision of 
 housing for the said children, it is enacted that there be two 
 houses built by the first of April next of forty feet long 
 apiece with good and substantial timber, the houses to be 
 twenty foot broad apiece, eight foot high in the pitch and a 
 stack of brick chimneys standing in the midst of each house, 
 and that they be lofted with sawn boards and made with con- 
 venient partitions. And it is further thought fit that the 
 commissioners have caution not to take up any children but 
 from such parents who by reason of their poverty are disabled 
 to maintain and educate them. Be it likewise agreed that the 
 Governor hath agreed with the Assembly for the sum of 
 10,000 lbs. of tobacco to be paid him the next crop, to build 
 
VIRGINIA 
 
 357 
 
 and finish the said house in manner and form before ex- 
 pressed."' 
 
 During the session of Assembly in the spring of 1661, 
 efforts were made for the provision of both elementary and 
 secondary education. 
 
 By the Grand Assembly, held at James City, March 3 2d, 
 I 660- I. 
 
 ACT XX 
 
 " Provision for a college 
 " Whereas the want of able and faithful ministers in this 
 country deprives us of these great blessings and mercies that 
 always attend upon the service of God, which want, by reason 
 of our great distance from our native country, cannot in 
 probability be always supplied from thence. Be it enacted, 
 that for the advance of learning, education of youth, supply of 
 the ministry and promotion of piety, there be land taken upon 
 
 ^ Ibid., I, 336-7. In 1668 an Act was passed "empowering county courts 
 to build work-houses, assisted by the vestry." " Whereas, the prudence of 
 all states ought, as much as in them lies, to endeavor the propagation and increase 
 of all manufactures conducing to the necessities of their subsistance, and God 
 having blessed this country with a soil capable of producing most things necessary 
 for the use of man, if industriously improved, It is enacted by this Grand Assembly 
 and the authority thereof, that for the better converting of wool, flax, hemp, and 
 other commodities into manufactures, and for the increase of artificers in the 
 country, that the commissioners of each county court, with the assistance of the 
 respective vestries, of the parishes of their counties, shall be and hereby are im- 
 powered to build houses for the educating and instructing poor children in the 
 knowledge of spinning, weaving, and other useful occupations and trades, and 
 power granted to take poor children from indigent parents to place them to work 
 in those houses." (/izV., II, 266-7.) In 1727, in "an Act for . . restraint of 
 vagrants and idle people, . , and for making provision for the poor," it was 
 ordered that church wardens should bind out as apprentices the children of all 
 poor persons who were unable or who neglected to duly educate them or instruct 
 them in the principles of Christianity, [fiiii., IV, 212. See, also, 22 George 
 II, Chap. XVIII.) In 1755 parish vestries were ordered to erect work houses in 
 which to set the poor to work and to levy allowances in their parishes for the edu- 
 cation of poor children in such houses until they were bound out according to law. 
 (Ibid., VI, 476-7.) 
 
358 
 
 EDUCATION IN THE COLONIES 
 
 purchases for a college and free school, and that there be with 
 as much speed as may be convenient, housing erected thereon 
 for entertainment of students and scholars.'" 
 
 ACT XXV 
 
 " A petition in behalf of the Church 
 " Be it enacted, that there be a petition drawn up by this 
 Grand Assembly to the King's most excellent Majesty for his 
 letters patent to collect and gather the charity of well dis- 
 posed people in England for the erecting of colleges and 
 schools in this country, and also for his Majesty's letters to 
 both Universities of Oxford and Cambridge to furnish the 
 church here with ministers for the present, and this petition to 
 be recommended to the right honorable Governor, Sir William 
 Berkeley.'" 
 
 The following order was also passed at this session : 
 " Whereas for the advancement of learning, promoting piety 
 and providing of an able and successive ministry in this coun- 
 try, it hath been thought that a college of students of the 
 liberal arts and sciences be erected and maintained, in pur- 
 suance thereof, the Right Honorable his Majesty's Governor, 
 Council of State, and Burgesses of the present Grand As- 
 sembly have severally subscribed several considerable sums of 
 money and quantities of tobacco (out of their charity and 
 devotion) to be paid to the honorable Grand Assembly, or 
 such treasurer or treasurers as they shall now, or their suc- 
 cessors hereafter at any time appoint, upon demand, after a 
 place is provided and built upon for that intent and purpose. 
 It is ordered that the commissioners of the several county 
 courts do at the next following court in their several counties, 
 subscribe such sums of money and tobacco towards the fur- 
 thering and promoting the said persons and necessary work, 
 to be paid by them, or their heirs, as they shall think fit, and 
 
 1 Iii<i., II, 25. ■' liiil., II, 30-31. 
 
VIRGIXIA 
 
 359 
 
 that they also take the subscriptions of such other persons at 
 their said courts, who shall be willing to contribute towards 
 the same. And that after such subscriptions taken, they send 
 orders to the vestries of the several parishes in their several 
 counties, for the subscription of such inhabitants and others 
 who have not already subscribed, and that the same be re- 
 turned to Francis Morrison, Esq."' 
 
 There is no evidence that the subscriptions provided for in 
 the preceding order were forthcoming ; for among the state- 
 ments made by Governor Berkeley in 1671 to certain en- 
 quiries which had been submitted to him the previous year by 
 the Commissioners of Foreign Plantations, he writes in answer 
 to the question " What course is taken about the instructing 
 the people within your government in the Christian religion ?" 
 " The same course that is taken in England out of towns ; 
 every man according to his ability instructing his children 
 But, I thank God, there are no free schools nor print- 
 ing, and I hope we shall not have these hundred years ; for 
 learning has brought disobedience and heresy and sects into 
 the world, and printing has divulged them and libels against 
 the best government. God keep us from both ! "^ 
 
 In 1685, Dr. James Blair was sent as missionary to Virginia 
 by the Bishop of London, and four years later was appointed 
 
 ' Ibid., II, 37. 
 
 ' Ibid., II, 517. Hening states (II, 518) that the first evidence of printing in 
 Virginia is an edition of the year 1733 of the revised laws of the province. There 
 was no newspaper printed in Virginia until 1736. " February 21, 1682, John 
 Buckner called before the Lord Culpepper and his council for printing the laws 
 of 1680 without his Excellency's license, and he and the printer ordered to enter 
 into bond in £\oo not to print anything hereafter until his Majesty's pleasure 
 should be known." Quoted by Hening (II, 518) from Bland MS. pa. 498. 
 The above hot-tempered utterances of Governor Berkeley seem inconsistent with 
 the views of the Assemblies of 1642, 1660 and 1661, of which he was no insig- 
 nificant part. See, The College of William and Mary, ■^^. 13-14; Herbert B. 
 Adams, Ph. D., Circular of Information of the Bureau of Education, No. I, 
 1887. 
 
360 EDUCATION IN THE COLONIES 
 
 the Bishop's commissary or representative in the province. 
 He seems to have agitated the suspended project for a college, 
 and in 1691 he went to England as the agent of the legislature 
 to solicit a royal charter.' The Bishop of London advised 
 Commissary Blair to present the matter as a petition to the 
 King in Council ; but to this method of procedure Dr. Blair 
 objected. In a letter to Governor Nicholson on December 3, 
 169 1, he writes: "I told his Lordship that I never doubted 
 the obtaining of the charter, but the great difficulty would be 
 in obtaining a gift of such things from his Majesty as we had 
 a mind to ask for the college ; and that in order to this, the 
 best way seemed to me to be to engage the bishops about 
 Court zealously in the thing, and to get the King so prepared, 
 that when the address was presented to him he should consult 
 the bishops in it, it being an ecclesiastical affair, . . . and 
 then at last, if it was necessary, that it might be brought be- 
 fore the Committee of Plantations to see what they had to say 
 against it, but for the Council and the Committee of Planta- 
 tions to be the first meddlers and contrivers of the business I 
 did not like it, because, as his Lordship told me himself, the 
 Church of England party was the weakest in the Council, and 
 if there is any of the revenue to be spared, the courtiers are 
 more apt to beg it for themselves than to advise the bestowing 
 of it upon any public use."^ 
 
 The Archbishop of Canterbury agreed with Dr. Blair about 
 the method of managing the college interests in Court, and so 
 through his influence, Dr. Blair obtained an audience with the 
 King. He gives the following account of it to Governor 
 Nicholson. " I kneeled down and said these words, ' Please 
 your Majesty here is an humble supplication from the govern- 
 ment of Virginia for your Majesty's charter to erect a free 
 
 ' Contributions to the Ecclesiastical Hiitcry of the United States of America^ 
 I, 74-76. Francis L. Hawks, New York, 1836. 
 
 " Historical Collections of the American Colonial Church, I, 3-5. Edited by 
 William S. Perry, D. D., 1870. 
 
VIRGINIA 261 
 
 school and college for the education of their youth' . . . 
 He answered, ' Sir, I am glad that that colony is upon so good 
 a design, and I will promote it to the best of my power.' " i 
 The charter which Dr. Blair carried back with him in 1692 
 testifies to King William's good will. 
 
 " William and Mary, by the grace of God, of England, 
 Scotland, France and Ireland, King and Queen, defenders of 
 the faith, &c. To all whom these our present letters shall 
 come, greeting — 
 
 " Forasmuch as our well-beloved and faithful subjects, con- 
 stituting the General Assembly of our Colony of Virginia, 
 have had it in their minds, and have proposed to themselves, 
 to the end that the Church of Virginia may be furnished with 
 a seminary of ministers of the gospel, and that the youth may 
 be piously educated in good letters and manners, and that the 
 Christian faith may be propagated amongst the Western In- 
 dians, to the glory of Almighty God ; to make, found and 
 establish a certain place of universal study, or perpetual col- 
 lege of divinity, philosophy, languages, and other good arts 
 and sciences, consisting of one president, six masters or pro- 
 fessors, and an hundred scholars, more or less, according to 
 the ability of the said college, and the statutes of the same ; to 
 be made, increased, diminished, or changed there, by certain 
 trustees nominated and elected by the General Assembly 
 aforesaid, to wit, our faithful and well-beloved Francis Nichol- 
 son, our Lieutenant Governor in our Colonies of Virginia and 
 Maryland ; Wm. Cole, Ralph Wormley, William Byrd and 
 John Lear, Esquires; James Blair, John Farnifold, Stephen 
 Fouace and Samuel Gray, clerks; Thomas Milner, Chris- 
 topher Robinson, Charles Scarborough, John Smith, Benjamin 
 Harrison ; Miles Cary, Henry Hartwell, William Randolph 
 and Matthew Page, gentlemen,^ or the major part of them, or 
 
 ^IHd.,l, 5,6. 
 
 ^ This original board of visitors and governors consisted, according to a contem- 
 
362 
 
 EDUCATION IN THE COLONIES 
 
 of the longer livers of them, on the south side of a certain 
 river, commonly called York river, or elsewhere, where the 
 General Assembly itself shall think more convenient, within 
 our Colony of Virginia, to be supported and maintained, in all 
 time coming. 
 
 " I. And forasmuch as our well-beloved and trusty the Gen- 
 eral Assembly of our Colony of Virginia aforesaid, has humbly 
 supplicated us, by our well-beloved in Christ, James Blair, clerk, 
 their agent duly constituted, that we would be pleased, not 
 only to grant our royal license to the said Francis Nicholson, 
 William Cole, Ralph Wormly, William Byrd and John Lear, 
 Esquires; James Blair, John Farnifold, Stephen Fouace and 
 Samuel Gray, clerks ; Thomas Milner, Christopher Robinson, 
 Charles Scarborough, John Smith, Benjamin Harrison, Miles 
 Cary, Henry Hartwell, William Randolph, and Matthew Page, 
 gentlemen, or the major part of them, or of the longer livers of 
 them, to make, found, erect and establish the said college, 
 but also to extend our royal bounty and munificence towards 
 the erection and foundation of the said college, in such way 
 and manner as to us shall seem most expedient : We, taking 
 the, premises seriously into our consideration, and earnestly de- 
 siring, that as far as in us lies, true philosophy, and other good 
 and liberal arts and sciences may be promoted, and that the 
 orthodox Christain faith may be propagated: And being desir- 
 ous, that forever hereafter, there should be one such college, or 
 place of universal study, and some certain and undoubted way 
 within the said college, for the rule and government of the 
 same, and of the masters or professors, and scholars, and all 
 others inhabiting and residing therein, and that the said col- 
 lege should subsist and remain in all time coming; of our 
 special grace, certain knowledge, and mere motion, have 
 granted and given leave, and by these presents do grant and 
 
 porary account, of the " Lieutenant Governor, four gentlemen of the Council, four 
 of the clergy, and the rest named out of the House of Burgesses." ( An Account 
 of the Present State and Government of Virginia, Mass. Hist. Coll., V, 164.) 
 
VIRGINIA 
 
 363 
 
 give leave, for us, our heirs and successors, as much as in us 
 lies, to the said Francis Nicholson, William Cole, Ralph 
 Wormley, William Byrd and John Lear, Esquires ; James 
 Blair, John Farnifold, Stephen Fouace and Samuel Gray, 
 clerks ; Thomas Milner, Christopher Robinson, Charles Scar- 
 borough, John Smith, Benjamin Harrison, Miles Cary, Henry 
 Hartwell, William Randolph and Matthew Page, gentlemen ; 
 that they or the major part of them or of the longest livers of 
 them, for promoting the studies of true philosophy, languages, 
 and other good arts and sciences, and for propagating the pure 
 gospel of Christ, our only Mediator, to the praise and honor of 
 Almighty God, may have power to erect, found and establish 
 a certain place of universal study, or perpetual college, for 
 divinity, philosophy, languages and other good arts and 
 sciences, consistmg of one President, six masters or professors, 
 an hundred scholars, more or less, graduates and non- 
 graduates, as abovesaid, according to the statutes and orders of 
 the said college, to be made, appointed and established upon 
 the place by the said Francis Nicholson, William Cole, &c., or 
 the major part of them, upon the south side of York river, on 
 the land late of Colonel — Townsend, deceased, now in posses- 
 sion of John Smith, near the port appointed or laid out for 
 York county, by the said General Assembly, within our said 
 Colony of Virginia ; or if by reason of unwholesomeness, or 
 any other cause, the said place shall not be approved of, 
 wheresoever else the General Assembly of our Colony of Vir- 
 ginia, or the major part of them, shall think fit, within the 
 bounds of the aforesaid colony, to continue for all times coming. 
 " II. And further, of our special grace, certain knowledge, 
 and mere motion, we have granted, and given leave, and by these 
 presents do grant, and give leave, for us, our heirs and succes- 
 sors, to the said Francis Nicholson, William Cole, etc., that they, 
 or the major part of them, or of the longer livers of them, may 
 be enabled to take, hold and enjoy, and that they may be persons 
 apt and capable in law, for taking, holding and enjoying all man- 
 
364 EDUCATION IN THE COLONIES 
 
 ors, lands, tenements, rents, services, rectories, portions, annui- 
 ties, pensions and advowsons of churches, with all other inheri- 
 tances, franchises and possessions whatsoever, as well spiritual 
 as temporal, to the value of two thousand pounds a year ; and 
 all other goods, chattels, money and personal estate whatsoever 
 of the gift of any person whatsoever, that is willing to bestow 
 them for this use ; or any other gifts, grants, assignments, leg- 
 acies or appointments, of the same, or any of them, or of any 
 other goods whatsoever : But with this express intention, and 
 upon the special trust we put in them that they the said 
 Francis Nicholson, Wm. Cole, &c. or the major part of them, 
 or of the longer livers of them, shall take and hold the prem- 
 ises, and shall dispose of the same, and of the rents, revenues, 
 or profits thereof, or of any of them only for defraying the 
 charges that shall be laid in erecting and fitting the edifices of 
 the said intended college, and furnishing them with books, and 
 other utensils, and all other charges pertaining to the said col- 
 lege, as they, or the major part of them, shall think most ex- 
 pedient, until the said college shall be actually erected, founded 
 and established, and upon this trust and intention, that so soon 
 as the said college shall, according to our royal intent be erec- 
 ted and founded, the said Francis Nicholson, Wm. Cole &c. or 
 the longer livers or liver of them, and their or his heirs, exec- 
 utors, administrators or assigns, shall by good and sufficient 
 deeds and assurances in law, give, grant and transfer to the 
 said president and masters, or professors, or their successors, 
 the said lands, manors, tenements, rents, services, rectories, 
 portions, annuities, pensions and advowsons of churches, with 
 all other inheritances, franchises, possessions, goods, chattels 
 and personal estate aforesaid, or as much thereof as has not 
 been laid out and bestowed upon the building the said college, 
 or to the other uses above mentioned. 
 
 " III. And seeing the said General Assembly of our Colony 
 of Virginia, has named, elected or appointed, the said James 
 Blair, clerk, as a fit person to be president of the said college ; 
 
VIRGINIA 365 
 
 we of our special grace, certain knowledge, and mere motion, 
 do approve, confirm and ratify the said nomination and elec- 
 tion, and do by these presents make, create and establish the 
 said James Blair first president of the said college, during his 
 natural life. 
 
 " IV. And further we grant our special license to the said 
 Francis Nicholson, Wm. Cole, &c., and their successors, or the 
 major part of them, that they have power to elect and nominate 
 other apt, fit and able persons, into the places of the masters or 
 professors of the said college ; and that, after the death, resigna- 
 tion or deprivation of the said president, or professors, or any of 
 them, the said Francis Nicholson, Wm. Cole, &c., and their 
 successors, or the major part of them, shall have power to put 
 in, and substitute, a fit person, or persons, from time to time, 
 into his or their place, or places, according to the orders and 
 statutes of the said college, to be made, enacted and estab- 
 lished, for the good and wholesome government of the said 
 college, and of all that bear office, or reside therein, by the 
 said Francis Nicholson, Wm. Cole, &c., or their successors, or 
 the major part of them. 
 
 " V. And further, we will, and for us, our heirs and successors, 
 by these presents, do grant, that when the said college shall be 
 so erected, made, founded and established, it shall be called 
 and denominated forever the College of William and Mary, in 
 Virginia, and that the president and masters, or professors, of 
 the said college, shall be a body politic and corporate, in deed 
 and name ; and that by the name of the President and Masters, 
 or Professors, of the College of William and Mary, in Virginia, 
 they shall have perpetual succession ; and that the said presi- 
 dent, and masters, or professors, shall forever be called and 
 denominated the President, and Masters, or Professors, of 
 William and Mary, in Virginia : And that the said president 
 and masters, or professors, and their successors, by the name 
 of the President and Masters, or Professors, of the College of 
 William and Mary, in Virginia, shall be persons able and 
 
366 EVOCATION IN THE COLONIES 
 
 capable, apt and perpetual in law, to take and hold lordships, 
 manors, lands, tenements, rents, reversions, rectories, portions, 
 pensions, annuities, inheritances, possessions and services, as 
 well spiritual as temporal, whatsoever, and all manner of 
 goods and chattels both of our gift, and our heirs and succes- 
 sors, and of the gift of the said Francis Nicholson, Wm. Cole, 
 Ralph Wormley, Wm. Byrd, and John Lear, Esquires ; James 
 Blair, John Farnifold, Stephen Fouace and Samuel Gray, 
 clerks; Tho. Milner, Christopher Robinson, Charles Scar- 
 borough, John Smith, Benj. Harrison, Miles Carey, Henry 
 Hartwell, Wm. Randolph and Matthew Page, gentlemen ; or 
 of the gift of any other person whatsoever, to the value of two 
 thousand pounds, of lawful money of England, yearly, and no 
 more, to be had and held by them and their successors forever. 
 
 " VI. And also, that the said president, and masters, or pro- 
 fessors, by and under the name of the president, and masters, 
 or professors, of the College of William and Mary, in Virginia, 
 shall have power to plead and be impleaded, to sue and be sued, 
 to defend and be defended, to answer and be answered, in all and 
 every cause, complaint and action, real, personal and mixed, of 
 what kind and nature soever they be, in whatsoever courts and 
 places of judicature belonging to us, our heirs and successors, 
 or to any person whatsoever, before all sorts of justices and 
 judges, ecclesiastical and temporal, in whatsoever kingdoms, 
 countries, colonies, dominions or plantations, belonging to us, or 
 our heirs; and to do, act, and receive, these and all other things, 
 in the same manner, as our other liege people, persons able 
 and capable in law, within our said Colony of Virginia, or our 
 Kingdom of England, do, or may act, in the said courts and 
 places of judicature, and before the said justices and judges. 
 
 " Vn. As also, that the said president, and masters or profes- 
 sors, and their successors shall have one common seal, which 
 they may make use of in any whatsoever cause and business 
 belonging to them and their successors ; and that the president 
 and masters or professors, of the said college, and their sue- 
 
VIRGINIA 
 
 367 
 
 cessors, shall have leave to break, change and renew, their 
 said seal, from time to time, at their pleasure, as they shall see 
 most expedient. 
 
 "VIII. And further of our more special grace, we have given 
 and granted, and for us, our heirs and successors, we give and 
 grant our special license, as far as in us lies, to the said 
 Francis Nicholson, Wm. Cole, Ralph Wormley, Wm. Byrd 
 and John Lear, Esquires; James Blair, John Farnifold, Stephen 
 Fouace, Samuel Gray, clerks ; Tho. Milner, Christopher Rob- 
 inson, Charles Scarborough, John Smith, Benj. Harrison, 
 Miles Cary, Hen. Hartwell, Wm. Randolph and Matthew 
 PagS) gentlemen ; that they, or any other person or persons, 
 whatsoever, after the said college is so founded, erected, made, 
 created and established, may have power to give and grant, 
 assign and bequeath, all manors, lands, tenements, rents, ser- 
 vices, rectories, portions, annuities, pensions and advowsons of 
 churches, and all manner of inheritance, franchises and pos- 
 sessions whatsoever, as well spiritual as temporal, to the value 
 of two thousand pounds a year, over and above all burthens 
 and reprisals, to the president, and masters or professors, of 
 the said college, for the time being, and their successors, to be 
 had, held and enjoyed, by the said president, and masters or 
 professors, and their successors, forever ; and that they, the 
 said president and masters, or professors aforesaid, may take 
 and hold, to themselves, and their successors, forever, as is 
 aforesaid, manors, lands, tenements, rents, reversions, services, 
 rectories, portions, pensions, annuities, and all manner of in- 
 heritances, and possessions whatsoever, as well spiritual as 
 temporal, to the aforesaid value of two thousand pounds a year, 
 over and above all burthens, reprisals and reparations : It not 
 being our will, that the said president, and masters or profes- 
 sors of the said college, for the time being, or their successors, 
 shall be troubled, disquieted, molested or aggrieved by reason, 
 or occasion of the premises, or any of them, by us, our heirs 
 and successors, or by any of our justices, escheators, sheriffs. 
 
368 EDUCATION IN THE COLONIES 
 
 or other bailiffs, or ministers, whatsoever, belonging to us, our 
 heirs and successors. 
 
 " IX. And further, we will, and by these presents, do declare, 
 nominate, ordain and appoint, the said Francis Nicholson, Wm. 
 Cole, Ralph Wormley, Wm. Byrd and John Lear, Esquires; 
 James Blair, John Farnifold, Stephen Fouace and Samuel 
 Gray, clerks; Tho. Milner, Christopher Robinson, Charles 
 Scarborough, John Smith, Benj. Harrison, Miles Cary, Henry 
 Hartwell, Wm. Randolph and Matthew Page, gentlemen, and 
 their successors, to be the true, sole and undoubted Visitors 
 and Governors of the said college forever : And we give and 
 grant to them, or the major part of them, by these our letters 
 patents, a continual succession, to be continued in the way 
 and manner hereafter specified ; as also full and absolute 
 liberty, power and authority of making, enacting, framing and 
 establishing such and so many rules, laws, statutes, orders and 
 injunctions, for the good and wholesome government of the 
 said college, as to them the said Francis Nicholson, Wm. 
 Cole, &c. and their successors, shall from time to time, accord- 
 ing to their various occasions and circumstances, seem most 
 fit and expedient: All which rules, laws, statutes and injunc- 
 tions so to be made, as aforesaid, we will have to be observed, 
 under the penalty therein contained : Provided not withstand- 
 ing, that the said rules, laws, statutes, orders and injunctions, 
 be no way contrary to our prerogative royal, nor to the laws 
 and statutes of our Kingdom of England or our Colony of 
 Virginia, aforesaid, or to the canons and constitutions of the 
 Church of England, by law established. 
 
 " X. And further, we will and by these presents, for us our 
 heirs and successors, do grant and confirm to the said visitors, 
 and governors of the said college, and their successors, that 
 they and their successors shall, forever, be eighteen men, or 
 any other number not exceeding the number of twenty, in the 
 whole, to be elected and constituted in the way and manner 
 hereinafter specified; and that they shall have one discreet 
 
VIRGINIA 369 
 
 and fit person that shall be elected and nominated, out of their 
 number, in the manner hereafter mentioned, that shall be, and 
 shall be called Rector of the said college : And we have ap- 
 pointed and confirmed, and by these presents, do appoint and 
 confirm the said James Blair, to be the present rector of the 
 said college, to be continued in the said office for one year next 
 ensuing the foundation of the said college, and thereafter till 
 some other of the visitors and governors of the said college 
 shall be duly elected, preferred and sworn into the said office; 
 and that from time to time, and in all time coming, after the 
 said year is expired, or after the death of the rector within the 
 year, the visitors and governors of the said college, or the 
 greater part of them, or of their successors, shall have power 
 to elect and nominate another discreet and fit person, from 
 amongst themselves to be rector of the said college, and that 
 he who is elected, preferred and nominated, as abovesaid, into 
 the place of rector of the said college, shall have power to 
 have, exercise and enjoy the said office of rector of the said 
 college, for one whole year, then next ensuing, and thereafter, 
 until some other rector of the said college shall be duly 
 elected, preferred and sworn into the said office : And to per- 
 petuate the succession of the said rector, and of the said 
 visitors and governors of the said college, we will, ordain and 
 appoint, that as often as any one or more of the said visitors 
 and governors of the said college, shall die, or remove himself 
 and family out of our said colony, into any other country for 
 good and all, that then, and so often, the rector for the time 
 being, and the other visitors and governors of the said college, 
 then surviving and remaining within the colony, or the major 
 part of them, shall and may have leave to elect, nominate and 
 choose one or more of the principal and better sort of the in- 
 habitants of our said Colony of Virginia, into the place or places 
 of visitor and governor, or visitors and governors, so dead or 
 removed, to fill up the aforesaid number of visitors and gover- 
 nors, for the said college ; and that he or they so elected and 
 
37° 
 
 EDUCATION IN THE COLONIES 
 
 chosen, shall take his or their corporal oath, before the rector, 
 and the other visitors and governors of the said college, or the 
 major part of them, well and faithfully to execute the said 
 office; which oath the said rector, and two or more of the 
 visitors, shall have power to administer : And that after the 
 taking of the said oath, he or they shall be of the number of 
 the said visitors and governors of the said college. 
 
 "XI. And further, we will, and by these presents, for us, our 
 heirs and successors, do grant and confirm, to the said president, 
 and masters, or professors of the said college, and their suc- 
 cessors, that they and their successors shall have one eminent 
 and discreet person, to be elected and nominated, in the manner 
 hereafter expressed, who shall be, and shall be called Chan- 
 cellor of the said college : And we have appointed and con- 
 firmed, and by these presents, for us, our heirs, and successors, 
 do appoint and confirm, our well beloved and right trusty the 
 reverend father in God, Henry, by divine permission. Bishop 
 of London, to be the first chancellor of the said college, to be 
 continued in the said office for seven years next ensuing, and 
 thereafter, until some other chancellor of the said college shall 
 be duly elected and chosen into the said office : And that from 
 time to time, and in all time coming, after these seven years 
 have expired, or after the death of the said bishop, or of the 
 chancellor, for the time being, the rector, and visitors, and 
 governors of the said college for the time being, or the major 
 part of them, shall and may have power to elect, choose and 
 nominate, some other eminent and discreet person, from time 
 to time, to be chancellor of the said college ; and that he who 
 is so nominated and elected to be chancellor of the said col- 
 lege, shall and may have, execute, and enjoy, the said office of 
 chancellor of the said college, for the space of seven years then 
 next ensuing, and thereafter until some other chancellor of the 
 said college shall be duly elected and constituted. 
 
 " XII. Further, we will by these presents and for us, our heirs 
 and successors, do grant and confirm to the said president, and 
 
VIRGINIA 
 
 371 
 
 masters, or professors, of the said college, and to their succes" 
 sors, that after the said college is erected, founded and estab- 
 lished, they may retain and appoint some convenient place, or 
 council chamber, within the said college; and that the rector 
 and other visitors, and governors of the said college, or the 
 major part of them, for the time being, as often as they shall 
 think good, and see cause, may convocate and hold a certain 
 court of convocation within the said chamber, consisting of the 
 said rector, and visitors, and governors, of the said college, or 
 the major part of them, in all time coming ; and in the said 
 convocation, may treat, confer, consult, advise and decree, con- 
 cerning statutes, orders, and injunctions, for the said college. 
 " XIII. And further, we will, and by these presents, for us, our 
 heirs and successors, do grant and confirm to the said president 
 and masters, or professors of the said college, and their succes- 
 sors, or the major part of them, that from time to time, and in 
 all time coming, the said rector and visitors, or governors of the 
 said college, and their successors, or the major part of them, 
 shall have power and authority yearly, and every year, on the 
 first Monday which shall hapen next after the feast of the 
 annunciation of the blessed Virgin Mary, to elect and nomi- 
 nate, and that they shall and may elect and nominate one of 
 the said visitors or governors of the said college, to be rector 
 of the said college, for one whole year then next ensuing: And 
 that he, after he is so elected and chosen into the said office of 
 rector of the said college, before he be admitted to execute the 
 said office, shall, on the same day and in the same place, take 
 his corporal oath before the last rector, and visitors, or gov- 
 ernors of the said college, or any three of them, well and 
 faithfully to execute the said office ; and that after so taking the 
 said oath, he shall and may execute the said office of rector of 
 the said college, for one whole year then next ensuing : And 
 also, that every seventh year, on the same Monday, next after 
 the feast of the annunciation of the blessed Virgin Mary, afore- 
 said, they shall, in like manner, have power and authority to 
 
372 
 
 EDUCATION IN THE COLONIES 
 
 elect and nominate another chancellor of the said college, to 
 be continued for seven years then next ensuing : And that he 
 who shall be elected, chosen, and nominated, into the office of 
 chancellor of the said college, shall and may, immediately after 
 such election and nomination, execute the office of chancellor 
 of the said college for seven years then next ensuing. 
 
 " XIV. And that the charge and expense of erecting, build- 
 ing, founding and adorning, the said college at present, and also 
 of supporting and maintaining the said president and masters 
 or professors, for the future, may be sustained and defrayed, of 
 our more ample and bounteous special grace, certain knowl- 
 edge, and mere motion, we have given, granted, assigned, and 
 made over, and by these presents for us, our heirs and succes- 
 sors, do give, grant, assign, and make over to the said Francis 
 Nicholson, Wm. Cole, Ralph Wormley, Wm. Byrd and John 
 Lear, Esqs.; James Blair, John Farnifold, Stephen Fouace and 
 Samuel Gray, clerks; Tho. Milner, Christopher Robinson, 
 Charles Scarborough, John Smith, Benj. Harrison, Miles 
 Gray, Henry Hartwell, Wm. Randolph and Matthew Page, 
 gentlemen, and their executors and assigns forever, the whole 
 and entire sum of one thousand nine hundred and eighty-five 
 pounds, fourteen shillings and ten pence, of good and lawful 
 money of England, that has been received and raised out of 
 the quit- rents of the said colony, now remaining in the hands 
 of William Byrd Esq. our auditor, or in whosesoever other 
 hands the same now is, for our use, within the said colony : 
 And, therefore, we command and firmly enjoin the said auditor, 
 or any other person with whom the said money is deposited, 
 or who is obliged to pay the same, immediately upon sight of 
 these our letters patents, to pay, or cause to be paid, the said 
 sum of one thousand nine hundred and eighty-five pounds, 
 fourteen shillings and ten pence, to the said Francis Nicholson, 
 Wm. Cole &c. or the major part of them, or of the longer 
 livers of them, or to their attorney, in that part lawfully con- 
 stituted, with any other warrant, mandate, or precept to be ob- 
 
VIRGINIA 
 
 373 
 
 tained or expected from us, to be laid out and applied about 
 and towards the building, erecting, and adorning, the said col- 
 lege, and to no other use, intent or purpose whatever. 
 
 " XV. Seeing also, by a certain act of parliament, made the 
 twenty-fifth year of the reign of our royal uncle, Charles the 
 Second, of blessed memory, entitled. An Act for the encourage- 
 ment of the Greenland and Eastland trades, and for better secur- 
 ing the plantation trade, it was enacted, that after the first day of 
 September, in the year of our Lord M. DC. LXXIII, if any ship, 
 which by law, might trade in any of the plantations, should 
 come to any of them to load, and take on board tobacco, or 
 any other of the commodities there enumerated, and if bond 
 were not first given, with one sufficient security, to carry the 
 said tobacco to England, Wales or the town of Berwick upon 
 Tweed, and to no other place, and there to unload and put the 
 same on shore, (the dangers of the sea only excepted) ; in such 
 case there should be paid to our said uncle, and his heirs and 
 successors, one penny for every pound of tobacco so loaded 
 and put on board, to be levied, collected, and paid in such 
 places, and to such officers, and collectors, as should be ap- 
 pointed in the respective plantations, to collect, levy, and re- 
 ceive the same, and under such penalties, both to the officers 
 and upon the goods as for non-payment of his Majesty's 
 customs in England : And if it should happen, that any person 
 or persons who are to pay the said duties, shall not have ready 
 money to satisfy the same, that the officers who are appointed 
 to collect the said duties, shall in lieu of the said ready money, 
 take such a proportion of tobacco, that was to be shipped, as 
 may amount to the value thereof, according to the usual rate 
 of the said commodity, in such plantation respectively : All 
 which things are to be ordered, and disposed, and these sev- 
 eral duties are to be caused to be levied, by the commissioners 
 of our customs in England, for the time being, under the 
 authority and direction of the lord treasurer of England, or 
 the commissioners of the treasury, for the time being, as by the 
 
274 EDUCATION IN ri-lE COLONIES 
 
 said act of parliament, amongst other things therein contained, 
 reference being thereto had, doth more fully appear ; we, of our 
 more bounteous grace, mere motion, and certain knowledge, 
 have given and granted, and for us, and our successors do 
 give, and grant, to the said Francis Nicholson, Wm. Cole, &c. 
 and the other trustees above mentioned, and their heirs for- 
 ever, the said revenue of one penny for every pound of tobacco 
 in Virginia, or Maryland, in America, or either of them that 
 shall be so loaded, and put on board, as is above said ; and 
 the nett produce which shall accrue in England, or elsewhere, 
 by selling there the tobacco that shall be collected in our col- 
 onies of Virginia, and Maryland, in lieu of the penny that 
 ought to be paid for every pound of tobacco so loaded and put 
 on board, as is abovesaid: Provided always, that the commis- 
 sioner of our customs in England, for the time being, shall 
 name and appoint all the collectors and receivers of the said 
 money and tobacco, and their inspectors and comptrollers, 
 from time to time, as they have hitherto done : And that the 
 salaries of the said collectors, receivers, and comptrollers, shall 
 be deducted and paid out of the said revenue ; and that the 
 said Francis Nicholson, Wm. Cole, Ralph Wormley, Wm. 
 Byrd and John Lear, Esq., James Blair, John Farnifold, Step. 
 Fouace and Sam. Gray, clerks ; Tho. Milner, Christopher 
 Robinson, Charles Scarborough, John Smith, Benj. Harrison, 
 Miles Gray, Henry Hartwell, Wm. Randolph and Matthew 
 Page, gentlemen, and their successors, as also the president.and 
 masters, or professors, of the said college, and their successors, 
 for the time being, shall be obliged to receive and observe such 
 rules, orders, and instructions, as shall be transmitted to them, 
 from time to time, by the said commissioners of our customs 
 in England, for the time being, under the inspection and direc- 
 tion of the lord treasurer, or the commissioners of our treasury 
 in England, for the time being, for the better and more exact 
 collecting of the said duty, as by the said act of parliament, 
 reference being thereto had, is more particularly directed and 
 
VIRGINIA 
 
 375 
 
 appointed : but with this express intention, and upon the special 
 trust and confidence we place in the said Francis Nicholson, 
 Wm. Cole, and the rest of the aforesaid trustees, that they, and 
 the longest livers of them, and their heirs, shall take, hold, and 
 possess the said revenue of a penny per pound, for every 
 pound of tobacco aforesaid, with all its profits, advantages, and 
 emoluments, to apply and lay out the same, for building and 
 adorning the edifices and other necessaries for the said college, 
 until the said college shall be actually erected, founded, and 
 established, and with this express intention, and upon the 
 special trust and confidence that so soon as the said college 
 shallbe erected and founded, according to our royal purpose, 
 the said trustees, and the longest livers or liver of them, and 
 his or their heirs, or assigns, shall, by good and sufficient 
 deeds and assurances in law, give, grant, and transfer to the 
 president, and masters, or professors, of the said college, this 
 whole revenue, with all its profits, issues, and emoluments 
 before mentioned, or so much thereof, as shall not have been ex- 
 pended and laid out for the aforesaid uses, to be held, pos- 
 sessed, and enjoyed, by the said president and masters, or 
 professors, and their successors, forever. 
 
 " XVI. And also, of our special grace, mere motion, and cer- 
 tain knowledge, we have given and granted, and by these pres- 
 ents, for us, our heirs, and successors, do give and grant to 
 Francis Nicholson, Wm. Cole, and the rest of the said trustees, 
 and to the longest livers or liver of them , and to his or their heirs, 
 the office of surveyor-general of our said Colony of Virginia, 
 if the said office be now void, or whensoever and how often 
 soever it shall hereafter fall void, to be had, held and executed, 
 with all its issues, fees, profits, advantages, conveniences, 
 liberties, places, privileges, and pre-eminence whatsoever, be- 
 longing to the said office, in as ample form and manner, as any 
 other person, who has heretofore had, executed, or possessed 
 the said office, ever had received or enjoyed, or ought to have, 
 receive or enjoy, by the said trustees, and their heirs ; or by 
 
376 EDUCATION IN THE COLONIES 
 
 such officers and substitutes, as they or the major part of them, 
 or of the longest livers of them, or of their heirs, shall from 
 time to time nominate and appoint, until the said college shall 
 be actually founded and erected : But with this express inten- 
 tion, and upon this special trust and confidence, which we 
 place in the said Francis Nicholson, Wm. Cole, and the rest 
 of the said trustees, that they and the longest livers of them, 
 and their heirs, shall give back and restore to the president 
 and masters, or professors, of the said college, for the time be- 
 ing, whatsoever money remains in their hands, that has risen 
 from this ofifice, during their administration, not yet laid out 
 upon the building of the said college, and the other above- 
 mentioned uses, as soon as the said college shall be actually 
 erected and founded. And after the said college shall be 
 actually erected and founded, we will, at the said office of 
 surveyor-general, if it be then void, as often as it shall be void, 
 for the time to come, shall be had, held, and executed, with all 
 its profits and appurtenances above-mentioned, by the said 
 president and masters, or professors, and their successors, for- 
 ever : Provided always that the said Francis Nicholson, and 
 the rest of the above-mentioned trustees, or the major part of 
 them, or of the longest livers of them, and the president and 
 masters, or professors, for the time being, shall from time to 
 time, nominate and substitute such and so many particular 
 surveyors for the particular counties of our Colony of Vir- 
 ginia, as our Governor-in-chief, and the Council of our said 
 Colony of Virginia, for the time being, shall think fit and neces- 
 sary. 
 
 "XVII. And also, of our more bounteous special grace, 
 mere motion, and certain knowledge, we have given, granted, 
 and confirmed, and by these presents, for us, and our heirs, 
 and successors, do give, grant and confirm, to the said Francis 
 Nicholson, Wm. Cole, and the rest of the trustees above- 
 mentioned, ten thousand acres of land, not yet legally occu- 
 pied or possessed by any of our other subjects, lying, and 
 
VIRGINIA 277 
 
 being, on the South side of the Blackwater Swamp, and also 
 other ten thousand acres of land, not legally occupied or pos- 
 sessed by any of our other subjects, lying and being in that 
 neck of land, commonly called Pamunkey Neck, between the 
 forks or branches of York River : which twenty thousand acres 
 of land, we will have to be laid out and measured in the places 
 above-mentioned, at the choice of the said Francis Nicholson, 
 Wm. Cole, and the rest of the fore-mentioned trustees, or the 
 major part of them, or of the longest livers of them, to be had 
 and held by the said Francis Nicholson, Wm. Cole, and the 
 rest of the above-mentioned trustees, and their heirs forever; 
 but with this intention, and upon special trust and confidence, 
 that the said Francis Nicholson, William Cole, and the rest of 
 the said trustees, or the major part of them, or of the longest 
 livers of them, so soon as the said college shall be actually 
 founded and established, shall give, grant, let, and alienate the 
 said twenty thousand acres of land to the said president and 
 masters, or professors of the said colloge, to be had and held 
 by them, and their successors, forever, fealty, in free and com- 
 mon soccage, paying to us, and our successors, two copies of 
 Latin verses yearly, on every fifth day of November at the 
 house of our Governor, or Lieutenant-Governor of Virginia, 
 for the time being, forever, in full discharge, acquittance, and 
 satisfaction of all quit-rents, services, customs, dues and burdens 
 whatsoever, due, or to be due, to us, or our successors, for the 
 said twenty thousand acres of land, by the laws and customs 
 of England or Virginia. 
 
 "XVIII. And also, of our special grace, certain knowledge, 
 and mere motion, we have given, and granted, and by these pres- 
 ents, for us and our successors, do give, and grant, to the said 
 president, and masters, or professors of the said college, full and 
 absolute power, liberty, and authoritj.-, to nominate, elect, and 
 constitute one discreet and able person of their own number, or 
 of the number of the said visitors, or governors, or lastly, of the 
 better sort of inhabitants of our Colony of Virginia, to be pres- 
 
378 EDUCATION IN THE COLONIES 
 
 ent in the House of Burgesses, of the General Assembly of our 
 Colony of Virginia, and there to act and consent to such things, 
 as by the common advice of our said colony shall (God will- 
 ing) happen to be enacted. 
 
 "XIX. And further, it is our pleasure, that such further con- 
 firmations and ratifications of the premises shall be granted, 
 from time to time by us, our heirs and successors, to the said 
 Francis Nicholson, and the rest of the trustees abovementioned, 
 and to their successors, or to the president, and masters, or 
 professors of the said college, or to their successors, for the 
 time being, upon their humble petition under the great seal of 
 England, or otherwise, as the attorney-general of us, our 
 heirs, or successors, for the time being, shall think fit and ex- 
 pedient. 
 
 " In testimony whereof, we have caused these our letters to 
 be made patent. Witness ourselves, at Westminster, the 
 eighth day of February, in the fourth year of our reign. 
 
 By writ of the privy seal, Pigott." ' 
 
 Upon President Blair's return with this charter, the Assem- 
 bly promptly decided upon a proper site for the building of 
 the College, and upon an appropriation of a certain part of the 
 state revenues for its support. 
 
 At a General Assembly begun at James City, the tenth day 
 of October, 1693. 
 
 ACT III 
 
 • 
 
 "An Act ascertaining the place for erecting the College of Wil- 
 liam and Mary in Virginia. 
 
 " Whereas their Majesties have been most graciously 
 pleased upon the humble supplication of the General As- 
 sembly of this country, by their charter bearing date the 
 eighth day of February, in the fourth year of their reign, to 
 grant their royal license to certain trustees to make, found, 
 
 ' Given in TAe History of the College of William and Mary, pp. 3-16. 
 Richmond, 1874. 
 
VIRGINIA 
 
 379 
 
 erect and establish a college named the College of William 
 and Mary, in Virginia, at a certain place within this govern- 
 ment known by the name of Townsends Land, and heretofore 
 appointed by the General Assembly, or if the same should be 
 found inconvenient, at such other place as the General 
 Assembly shall think fit, and whereas the said former de- 
 signed place for divers causes is found to be very unsuitable 
 for such an use, and several other places have been nominated 
 in the room thereof, upon consideration of which, and a full 
 inquiry into the conveniences of each one of the said places, 
 the Middle Plantation, situated between York and James 
 rivers, appearing to be the most convenient and proper for 
 that design. Be it therefore enacted by the Governor, Council 
 and Burgesses of this present General Assembly and the 
 authority thereof, and it is hereby enacted that Middle Planta- 
 tion be the place for erecting the said College of William and 
 Mary in Virginia, and that the said college be at that place 
 erected and built as near the church now standing in Middle 
 Plantation old fields as convenience will permit."^ 
 
 ACT IV 
 
 "An Act laying an imposition upon skins and furs for the 
 better support of the College of William and Mary in Virginia. 
 
 " Be it enacted by the Governor, Council and Burgesses of 
 this present General Assembly and by the authority thereof, 
 and it is hereby enacted, that from and after the first day of 
 January next, there shall be satisfied and paid to their 
 Majesties, their heirs and successors, for and towards the 
 better support and maintenance of the College of William and 
 Mary in Virginia, speedily intended by God's grace to be 
 erected at Middle Plantation within this government, the 
 following duties, customs and impost for the following goods, 
 wares and merchandise which shall be exported, carried out 
 of their Majesties' dominion either by land or water, (that is 
 
 1 Hening, III, 122. 
 
380 
 
 EDUCATION IN THE COLONIES 
 
 to say) for every raw hide, three pence, for every tanned hide, 
 six pence, for every dressed buckskin, one penny, three farth- 
 ings, for every undressed buckskin, one penny, for every doe 
 skin dressed, one penny, halfpenny, for every undressed doe 
 skin, three farthings, for every pound of beaver, three pence, for 
 every otter skin, two pence, for every wild-cat skin, one penny, 
 halfpenny, for every mink skin, one penny, for every fox skin, 
 one penny, halfpenny, for every dozen of racoon skins, three 
 pence, and so proportionably for a greater or lesser quantity, 
 for every dozen muskrat skins, two pence, and so proportion- 
 ably for a greater or lesser quantity, and every elk skin, four 
 pence, halfpenny. 
 
 " And be it enacted by the authority aforesaid, and it is hereby 
 enacted, that the said duties, customs and impost shall be paid 
 and satisfied by the person or persons exporting, or carrying 
 out the same either by land or water, to the collector, or col- 
 lectors which shall be appointed by the Governor, or Com- 
 mander-in-Cheif for the time being, to receive the said duties, 
 customs and impost, before the said goods, wares or merchan- 
 dises shall be shipped off, exported or carried out of and from 
 this dominion, either by land or water, and a certificate thereof 
 obtained from the collector, or collectors of the district where 
 such goods, wares and merchandises shall be so exported or 
 carried away, signifying the payment and satisfaction of such 
 duties, customs and impost as aforesaid, under the penalty of 
 forfeiting such of the said goods, wares and merchandises 
 which shall be shipped off, or loaden on board of any boat, 
 sloop, ship or other vessel, in order to the exportation thereof 
 by water, or endeavored to be carried out of this country by 
 land, the one moiety thereof to their Majesties, their heirs and 
 successors, to and for the better support of the government 
 and the contingent charges thereof, the other moiety to him, 
 or them that shall sue, or prosecute for the same in any court 
 of record within this colony, by action of debt, bill, plaint or 
 information wherein no essoin, protection, or wager of law 
 shall be allowed. 
 
VIRGINIA 381 
 
 " And be it further enacted, that the several collectors or 
 officers appointed to collect and receive the said duties, cus- 
 toms and imposts, shall from time to time be accountable and 
 pay the same to the Governors of the said College of William 
 and Mary, or such other person or persons as shall be by them 
 lawfully deputed, and that for the receiving and paying thereof, 
 the said collector or collectors shall be allowed two per cent." ' 
 
 By means of this appropriation and sundry private subscrip- 
 tions'' the college building was completed in X'JOO, and in it 
 
 ' Ibid., II, 123-4. 
 
 ' In the Calendar of Virginia State Papers is included a bill for facilitating the 
 payment of the donations to the College of William and Mary in Virginia. This 
 Act is undated, but owing to its internal evidence, Francis Nicholson, Governor, 
 the Queen dead, the King, William, still living, and the Trustees of the College 
 active in establishing the school, the editor assigns it to the year 1698. He says, 
 " the bill seems to have been suggested by the Council, but whether the House of 
 Burgesses ever passed it cannot be determined." 
 
 " Whereas, for a continual supply of the ministry for the church of Virginia for 
 the pious education of truth in morality and good learning, arid for the propaga- 
 tion of the Christian faith in the West Indies, propositions have been made by 
 certain persons piously inclined, for the founding and erecting a college or place 
 of universal study within the dominion of Virginia pursuant to which said proposi- 
 tion, certain briefs were at several times issued for subscription to be made of free 
 and voluntary donatiens toward the promoting and carrying on so good a work; 
 to which said briefs or instruments of writing several persons did subscribe for 
 divers sums of money, tobacco and other things, did by such subscription oblige 
 themselves, their heirs, executors and administrators, to pay the said several sums 
 of money, tobacco and other things in the said subscriptions mentioned at a time 
 to come to such person or persons as by law should be appointed to re- 
 ceive the same. Now, to the end, that the building and furnishing the said college 
 
 may be carried on with the greater ease and expedition, and for the about 
 
 the persons to whom the said donations Be it enacted by the Governor in 
 
 Council and Burgesses Henry Harwell and Charles , Esq., James Blair, 
 
 John , Benjamin Harrison and Miles Cary, Wm. Randolph Esqs., and 
 
 Mathew Page, Gent., trustees and founders of the College of William and Mary, 
 in Virginia, or the major part of them or of the longest livers or the longest liver 
 of them, and his or their heirs shall be or are hereby declared to be persons apt 
 and capable in law and sufficiently empowered by the charter granted by his 
 present Majesty and the Queen of blessed memory to take and receive all such 
 subscriptions or donations as before the date of this Act by any obligation or sub- 
 
382 
 
 EDUCATION IN THE COLONIES 
 
 the House of Burgesses met until 1705 when the building was 
 destroyed by fire. In that year it was decided to locate the 
 
 scription have been made or given towards the building, erecting and founding a 
 free school and college within the colony and dominion of Virginia , and that in 
 case of refusal or nonpayment of the said subscription or donation, or any part 
 thereof by any person or persons whatsoever, the said Francis Nicholson and the 
 rest of the trustees and founders aforementioned, or the major part of them, or of 
 the longest livers or the longest liver of them, and his or their heirs shall be and are 
 hereby declared and from henceeforward shall be taken and deemed to be apt and 
 capable in law to sue, implead and prosecute all and every such person or persons 
 whatsoever, and to use all other lawful ways and means for the recovery of all and 
 every such subscription or subscriptions, donation or donations, and of every part 
 and parcel thereof as fully and amply to all intents and purposes as if the said ob- 
 ligation had been expressly made payable to the said Francis Nicholson and the 
 rest of the trustees and founders aforementioned, or to the major part of them, or 
 the longest livers or the longest liver of them or their heir or heirs, to and for the 
 uses, interest and purposes aforesaid, and after the receipt of any of the said sub- 
 scriptions or donations, either by such legal process or by voluntary payment of 
 any person or persons, the said trnstees and founders as aforesaid, are hereby fiiUy 
 empowered to acquit, exonerate and discharge all and every such person or per- 
 sons whatsoever of and from the said payment or payments and every 
 
 that all and every part and parcel of the said subscriptions or dona- 
 tions present Act or any part thereof. Aud be it further enacted, 
 
 &c,, that the heirs, executors and administrators of any person or persons, de- 
 ceased, who hath made any of the said subscriptions or donations, shall be and 
 
 are hereby and intended to be held and obliged to the payment thereof as 
 
 and firmly as any other person or persons whatsoever ." (^Calen- 
 dar of Virginia State Papers and other manuscripts, 1652-1781. Edited by 
 William P. Palmer, M. D., Richmond, 1875. ^> 61-62. Also footnote, p. 61.) 
 
 There are some striking facts concerning the condition which the above bill 
 implies, and the relation between the college and the government during the years 
 1693 to 1698, the interval between the two administrations of Governor Nich- 
 olson, which was marked by the coming of Sir Edmund Andros to Virginia, in the 
 anonymous " Account of the Present State and Government of Virginia" which 
 is supposed to have been written in England about 1697 by one who had been resi- 
 dent in Virginia. 
 
 " Towards the building he [the King] gave near two thousand pounds, in ready 
 cash, out of the bank of quit-rents, in which Governor Nicholson left at that time 
 about four thousand, five hundred pounds ; and toward the endowment, the King 
 gave the neat produce of the penny per pound in Virginia and Maryland, worth 
 two hundred pounds per annum, and the surveyor general's place, worth fifty 
 pounds per annum, and the choice of ten thousand acres of land in Pamunckey 
 
VIRGINIA 
 
 383 
 
 new Capitol at Middle Plantation. A town to be known by the 
 name of Williamsburg was also to be settled there, and the 
 
 Neck, and ten thousand more on the south side of the Black-water swamp, which 
 were tracts of land till that time prohibited to be taken up. The General Assem- 
 bly also gave the college a duty on skins and furs, worth better than one hundred 
 pounds a year, and they got subscriptions in Virginia, in Governor Nicholson's 
 time, for about two thousand, five hundred pounds towards the building. With 
 these beginnings the trustees of the college went to work, but their good Governor, 
 who had been the greatest encourager in that country of this design (on which he 
 had laid out three hundred and fifty pounds of his own money) being at that time 
 removed from them, and another put in his place, that was of a quite different 
 spirit and temper, they found their business go on very heavily, and such difficul- 
 ties in everything, that presently, upon change of the Governor, they had as many 
 enemies as ever they had friends ; such an universal influence and sway has a 
 person of that character in all affairs of that country. The gentlemen of the 
 Council, who had been the forwardest to subscribe, were the backwardest to pay; 
 then every one was for finding shifts to evade and elude their subscriptions, and the 
 meaner people were so influenced by their countenance and example (men being 
 easily persuaded to keep their money) that there was not one penny got of new 
 subscriptions, nor paid of the old two thousand, five hundred pounds but about five 
 hundred pounds. Nor durst they put the matter to the hazard of a lawsuit, where 
 this new Governor and his favorites were to be their judges. Thus it was with the 
 funds for building; and they fared little better with the funds for endowments ; for 
 notwithstanding the first choice they are to have of the land by the charter, patents 
 were granted to others for vast tracts of land, and every one was ready to oppose 
 the college in taking up the land ; their survey was violently stopped, their chain 
 broken, and to this day they can never get to the possession of the land. But the 
 trustees of the college being encouraged with a gracious letter the King writ to the 
 Governor, to encourage the college, and to remove all the obstructions of it, went 
 to work, and carried up one-half of the designed quadrangle of the building, advanc- 
 ing money out of their own pockets where the donations fell short. They founded 
 their grammar school, which is in a very thriving way, and having the clear right 
 and title to the land, would not be baffled in that point, but have struggled with 
 the greatest man in the government next the Governor, i. e., Mr. Secretary 
 Wormley, who pretends to have a grant in futuro for no less than thirteen thou- 
 sand acres of the best land in Paumunkey Neck. The cause is not yet decided, 
 only Mr. Secretary has again stopped the chain, which it is not likely he would do, 
 if he did not know that he should be supported in it. 
 
 The collectors of the penny per pound likewise are very remiss in laying their 
 accounts before the governors of the college, according to the instructions of the 
 commissioners of the customs ; so that illegal trade is carried on, and some of these 
 gentlemen refuse to give any account upon oath. — This is the present state of the 
 college. {Mas;. Hist. Col., First Series, V, 164-166.) 
 
384 
 
 EDUCATION IN THE COLONIES 
 
 Assembly opined that it would " prove highly advantageous 
 and beneficial to his Majesty's royal College of William and 
 Mary to have the conveniences of a town near the same.'" 
 The College, however, does not seem to have immediately 
 enjoyed the promised advantages and benefits of this arrange- 
 ment; for on October 23, 1710, Governor Spotswood writes to 
 William Blathwayt, Surveyor and Auditor General of all the 
 King's revenues in America, concerning the impoverished 
 condition of the College : " I must, however, entreat you will 
 be pleased to use your interest that no new draughts be made 
 on the quit-rents of this colony till her Majesty's gracious 
 instructions for re-building the College shall be accomplished, 
 since you will observe by the accounts which Mr. Byrd tells 
 me he sends by this conveyance, how much that revenue is 
 sunk by the large drafts that have been lately made on it and 
 the decrease of the price of tobacco. I have endeavored to 
 make the Governors of the College sensible how much they 
 already owe to your favor, and they all acknowledge it with 
 the gratitude that becomes them . . . ." ^ 
 
 Alexander Spotswood, who was Governor of Virginia from 
 1710 to 1722, showed great devotion to the well being of the 
 College. He was specially interested in its attempts at the 
 education of Indian youths. In 1797 an Indian school had 
 been annexed to the College by special endowment.' In 171 1, 
 Governor Spotswood remitted the tribute of skins required 
 from the colony's tributary Indians on condition that two sons 
 
 •■ Hening, III, 422. 
 
 ^ Spotswood Letters, I, 17-18. Virginia Historical Society, Richmond, 1882. 
 
 ' In 1691 the estate of the Hon. Robert Boyle was left in trust for such char- 
 itable and pious uses as the executors might think best. Consequently, 5,400 
 pounds sterling was invested in lands whose rents were appropriated to the edu- 
 cation of Indian youths at the Colleges of William and Mary, and Harvard in 
 Cambridge. For seven years Harvard's portion was ;^90, and then the Bishop 
 of London arranged for the whole amount to go to the Virginian college. {Eng- 
 lish Institutions and the American Indian, p. 52. James A. James, Ph. D., in 
 Johns Hopkins University Studies, Baltimore, 1894.) 
 
VIRGINIA 
 
 38s 
 
 of the chief men of each settlement should be sent to the 
 Brasserton, the so-called Indian school in the College.' Re- 
 ferring to this remittance of one of the special gubernatorial 
 perquisites, Spotswood writes to the Board of Trade on No- 
 vember 17, 171 1 : 
 
 " I hope the example I have set with what I have recom- 
 mended in my speech to the Assembly [on] the subject, will 
 prompt them to settle some fund towards the education of the 
 Indians,' since that already given to the College by Mr. Boyle 
 [200 Ibs.j is too small for the maintenance of so great a num- 
 ber as are like to be there in a short time." ' 
 
 The Governor's hopes prove to have been ill-founded. On 
 December 28, he writes to Lord Dartmouth : " I cannot 
 but be much concerned to see this design [conversion of and 
 friendship with the Indians] so much slighted, and such a vio- 
 lent disposition prevail among the Burgesses for extirpating 
 all Indians without distinction of friends or enemies, that a 
 project I laid before them for assisting the College to support 
 the charge of these hostages, though proposed on such a foot 
 as would not have cost the country one farthing, has been 
 thrown aside without allowing it a debate in their House."* 
 The Governor gives a different version of this episode to the 
 Bishop of London on July 26, 17 12. 
 
 " I could have wished our Assembly would have settled 
 some fund for this service, but as they value themselves upon 
 furnishing a handsome maintenance to a number of the ortho- 
 dox clergy equal, if not exceeding all the other English plan- 
 
 ' Letters, I, 122. Before this, the Indians in the College had been ransomed 
 from other Indians who had held them as prisoners of war. {English Institutions 
 and the American Indian, p. 52.) 
 
 ' The Assemblies of 1655 and 1656 had offered to see to it that the Indian chil- 
 dren who might be brought into the colony as hostages should be reared "in 
 Christianity, civility, and the knowledge of necessary trades." The Assembly 
 also agreed to recompense those persons in the colony who had such children in 
 charge. (/i^zV., I, 396, 410.) 
 
 ^Ibid., I, 133. *'Ibid., I, 134. 
 
386 
 
 EDUCATION IN THE COLONIES 
 
 tations on the continent, there's very little expectations of 
 bringing them either to augment the present salaries of the 
 ministers or entering upon new expenses for evangelizing the 
 heathen." ' 
 
 In the same letter, the Governor appeals for aid in this work 
 to the Society for Propagating the Gospel in Foreign Parts 
 and to the nobility and gentry of England. He also suggests 
 that the churches and schools thus established for the Indians 
 might likewise profitably supply the needs of the more remote 
 English in the colony. 
 
 Governor Spotswood was also solicitous of the other affairs 
 of the College. July 28, 171 1 he writes to Mr. Blathwayt: 
 . . . "having seen the letter you writ to Colonel Diggs in 
 behalf of Mr. Le Fevre, I very gladly embrace the opportunity 
 of doing honor to your recommendation by getting the Gov- 
 ernor of the College to receive him as mathematic professor 
 with the salary of eighty pounds per annum. "^ May 8, 1712, 
 the Governor writes on the same business to the Bishop of 
 London. . . . " I gave your Lordship an account of Mr. Le 
 Fevre's admission into the College upon your Lordship's 
 recommendation and am now to acquaint you that after a trial 
 of three quarters of a year, he appeared so negligent in all the 
 posts of duty and guilty of some other very great irregulari- 
 ties, that the Governors of the College could no longer bear 
 with him, and were obliged to remove him from his office, 
 though at the same time out of regard to the honorable recom- 
 mendation he brought with him, they continued his salary for 
 four months longer than he officiated. I'm apt to believe 
 most of his irregularities were owing to an idle hussy he 
 brought over with him, because since .she left him, (for I got 
 her a passage back to England last February) he has left off 
 that scandalous custom of drinking, and appears quite another 
 
 ' Ibid., I, 175. On this subject see also Letters, I, 156-7, 176-8; II, 63-4. 
 » Ibid., I, 103. 
 
VIRGINIA 
 
 387 
 
 man, being now settled at a gentleman's house for teaching 
 his son and some others of that neighborhood, and has a com- 
 petent salary, enough to keep him from being any more bur- 
 densome to your Lordship or his other friends, especially if 
 the small exhibition which he says was promised him at his 
 leaving England is still continued, and I'm not without hopes, 
 from this extraordinary change in him, that he may yet recom- 
 mend himself to his former place in the College.'" 
 
 Even if the backslider was eventually reinstated in the Col- 
 lege, he could not have continued long in the place, for in 
 June, 1 7 16, the Governor writes to the Reverend Francis Fon- 
 taine in England that he had recommended him, Francis Fon- 
 taine, for the vacant chair of philosophy and mathematics and 
 that the Governors of the College had agreed to his appoint- 
 ment. The Governor furthermore assures the divine that if 
 he accepts the position he will be honored as being the first 
 professor of " university learning " in the colony ; for hitherto 
 owing to exigencies of building and destruction by fire, the 
 College had not "arrived to any greater perfection than a 
 grammar school." ' 
 
 In 17 18 a special appropriation was made by the Assembly 
 to the College. 
 
 At a General Assembly, begun at the Capitol the twenty- 
 third day of April, 1718. 
 
 CHAPTER III. " AN ACT FOR GRANTING ONE THOUSAND POUNDS 
 
 OUT OF THE PUBLIC FUND, FOR THE MAINTAINING AND 
 
 EDUCATING SCHOLARS OF THE COLLEGE OF 
 
 WILLIAM AND MARY 
 
 "One thousand pounds out of the fund in the hand of Colonel 
 Peter Beverley, Treasurer, is given to the Visitors and Gover- 
 nors, to be by them laid out for the maintaining and educating 
 such and so many of the ingenious scholars, natives of this 
 colony, as they shall think fit. 
 
 1 Ibid., I, 156-7. ' Ibid., II, 166-7. 
 
288 EDUCATION IN THE COLONIES 
 
 " Provided, that distinct accounts of this benefaction be kept 
 and ready always for the inspection of the General Assembly, 
 or their order."' 
 
 Of this Act Governor Spotswood in a report to the Board 
 of Trade under date of August 14, 17 18, writes as follows : 
 
 " The second is entitled An Act for granting one thousand 
 pounds out of the public fund for the maintaining and edu- 
 cating scholars at the College of William and Mary. The title 
 of this Act sufificiently expresses the intention. The money is 
 to be laid out by the Visitors and Governors of the College, and 
 the profit thereof applied towards the maintenance and edu- 
 cation of such scholars as shall be chosen from time to time 
 by the said Visitors. This being an act of charity, I readily 
 give my assent, though there be some thing in it which I 
 could have wished had been left out. I mean the partiality 
 the Assembly has shown in confining the benefit of these schol- 
 arships solely to the natives of this colony, which, in my 
 opinion, shows but little regard for the public interest in mak- 
 ing such a distinction between the natives and others who re- 
 move hither ; for seeing a person who brings in a family to 
 dwell here contributes more to the increase of the country 
 than he who by his birth and the fortune he receives from his 
 ancestors, is necessarily determined to a residence, perhaps in- 
 voluntary, the children of one have at least an equal right 
 with those of the other to whatever advantages the country 
 affords, and indeed as this case is rather more since the fund 
 out of which this money is given hath arisen chiefly by the 
 duties on foreign importation, to which the natives contributed 
 very little; but there's no arguing against men of such selfish 
 principles, and to have made the objection would have proved 
 the loss of the charity. However, if your Lordships should 
 for this cause disapprove the Act, it is in a manner suspended, 
 for a time since the money can not be paid without my war- 
 rant, and the Governors of the College being yet unresolved 
 
 ' Hening, IV, 74. 
 
VIRGINIA 5 go 
 
 bout the manner of laying it out, I can easily delay the pay- 
 ment 'till your Lordships shall be pleased to signify your 
 opinion thereon." ' 
 
 During the next thirty years several orders and grants in 
 aid of the College of William and Mary were made by the 
 Assembly. 
 
 In 1723, the president, masters, professors and students, 
 were exempted from all military service.^ Schoolmasters had 
 been exempted in 1705.' 
 
 In 1726, certain excise duties were granted to the College. 
 
 "an act for laying a duty on liquors. 
 
 " XIX. And for as much as the present revenue of the Col- 
 lege of William and Mary is not sufificient to maintain the full 
 number of masters or professors required by the charter of the 
 said College, and thereby the progress of learning hath been 
 much obstructed, and the will of the royal founders in great 
 measure frustrated, 
 
 " XX. Be it further enacted by the authority aforesaid, that 
 the sum of two hundred pounds per annum, out of the said 
 duty of one penny upon every gallon of wine, rum, brandy and 
 other distilled spirits, by this Act imposed as aforesaid, is and 
 shall be appropriated for the relief of the said College, for and 
 during the said term of twenty-one years, shall be paid by the 
 said Treasurer half yearly, in equal proportions, unto the sur- 
 viving trustees of the said College, until the same shall be 
 transferred to the president and masters and from and after 
 such transfer then to the president and masters and their suc- 
 cessors, for and towards the maintaining and supporting the 
 full number of masters and professors, which are to reside in 
 the said college. 
 
 " And if at any time there shall be no trustees of the said 
 college residing in this country, before such transfer shall be 
 
 ' Letters, II, 287-8. ' Ibid., IV, 119. » Ibid., Ill, 336. 
 
,gO EDUCATION IN THE COLONIES 
 
 made, then the said sum of two hundred pounds shall be, in 
 manner aforesaid, paid to the visitors and governors of the said 
 college, or to such person as they shall appoint to receive the 
 same." ' 
 
 In 1734 was passed 
 
 "AN ACT FOR THE BETTER SUPPORT AND ENCOURAGEMENT OF 
 THE COLLEGE OF WILLIAM AND MARY IN VIRGINIA. 
 
 " Whereas the College of William and Mary in Virginia, 
 consisting of a president, six masters, or professors, and one 
 hundred scholars, more or less^ graduated or non-graduates, 
 founded and endowed by William and Mary, of blessed 
 memory late King and Queen of England, etc., by their royal 
 charter, under the great seal of England, bearing date at 
 Westminster, the eighth day of February, in the fourth year 
 of their reign, and since encouraged and supported by several 
 other gifts and donations, hath, of late, been much injured in 
 its revenues by divers frauds and abuses, particularly in the 
 exportation of tobacco from hence to other British plantations 
 in America, without paying the duty of one penny per pound, 
 imposed by a statute of the Parliament of England, made in 
 the twenty-fifth year of the reign of King Charles the Second, 
 which was granted by the said royal charter, among other 
 things, to certain trustees therein appointed, for erecting, 
 building and founding of said college, and since transferred 
 by the survivors of them, pursuant to the charter, to the said 
 president and masters, and in the exportation of skins and furs 
 without paying the several duties imposed by an Act of the 
 General Assembly, of the fourth year of the reign of the late 
 Queen Anne, for the better support of the said college, so that 
 by the deficiency of these revenues, which fall short of the 
 annual expenses of the College about one hundred and fifty 
 pounds per annum, it is fallen much in debt, and that must 
 
 ' Hening, IV, 148-9. 
 
VIRGINIA 
 
 391 
 
 increase when the edifices and buildings thereunto belonging 
 shall require repairs, which must necessarily be expected. 
 
 " II. And, for as much as the supporting and encouraging 
 so hopeful a work, is of the greatest importance to the people 
 of this colony, for the advancement of learning, and the good 
 education of youth, wherein we have already seen some good 
 effects, Be it enacted, [here follow provisions for the swearing 
 to of con3ignments of skins and tobacco.] . . . 
 
 " VII. And to the end the said duties upon skins and furs 
 may not be defrauded by the carrying the same by land or 
 water, into Maryland, Pennsylvania, or North Carolina, which 
 is very easy and much practised by many people, not only to 
 the impoverishing the College, but to the great diminution of 
 the trade of this colony, Be it further enacted, that where any 
 person, or persons shall hereafter be found travelling upon the 
 frontiers with any skins or furs, it shall be lawful for any 
 justice of the peace, sheriff or constable of the county where 
 such person shall be found, to seize such skins or furs, unless 
 the person, or persons carrying the .same, shall produce a 
 certificate under the hand of a justice of the peace in this 
 colony, that he is an inhabitant of the colony ; and, moreover, 
 shall make oath that he will not carry the said skins or furs, 
 or cause the same to be carried, into any other colony or 
 province, without paying the said duties. And in case any 
 skins or furs shall be hereafter seized by virtue of this act, one 
 moiety thereof shall be forfeited to the person seizing the 
 same, and the other moiety to the King, his heirs and succes- 
 sors, for the better support of the College of William and 
 Mary in Virginia. 
 
 " VIII. And be it further enacted, that where any hides, 
 skins or furs shall be exported, either by land or water, contrary 
 to this or the said former Act, the owner shall forfeit the value 
 thereof: And that one moiety of all the penalties herein 
 inflicted and not otherwise disposed of, shall be to the King, 
 his heirs and successors, for the better support of the College 
 
2Q2 EDUCATION IN THE COLONIES 
 
 of William and Mary in Virginia, and the other moiety to the 
 informer, to be recovered with costs by action of debt, or 
 information, in any court of record within this dominion.^ 
 
 " IX. And, to the end the said president and masters may 
 not depend altogether upon the provisions herein made for the 
 improvement of their revenues, which may be perhaps still 
 precarious, but may receive a more certain relief. Be it further 
 enacted, that after the twenty-fifth day of October, in the year 
 of our Lord one thousand seven hundred and thirty-five, the 
 whole duty of one penny for every gallon of rum, brandy, and 
 other distilled spirits, and of wine imported, laid by one Act of 
 the General Assembly, made at a session held in the twelfth 
 year of the reign of the late King George the first, to continue 
 for twenty-one years, out of which two hundred pounds per 
 annum was appropriated for the relief of the said college, be 
 given to the said president and masters and their successors 
 for the residue of the said term ; and shall be applied and dis- 
 posed of to such good uses, for the better support of the Col- 
 lege, as by the visitors and governors of the College, or the 
 greater part of them, shall from time to time be directed and 
 appointed ; so as some part thereby shall be laid out and 
 applied for buying such books for the use of the scholars and 
 students in the College, as the said visitors and governors, or 
 the greater part of them, shall think most necessary ; and such 
 books so to be bought, shall be marked thus, ' The Gift of the 
 General Assembly of Virginia, in the year 1734,' and shall 
 forever be preserved and kept in the public library of the said 
 College. 
 
 "And be it further enacted. That the president, masters, 
 scholars and students of the College of William and Mary in 
 Virginia, and all the domestic servants belonging to the Col- 
 lege, be from henceforth exempted from being listed as tith- 
 
 ' Similar provision.s were made in 1748 to prevent the fraudulent exportation 
 of tobacco. {Ibid., VI, 92-94.) 
 
VIRGINIA 
 
 393 
 
 ables in the county of James-City, and from paying any public, 
 county or parish levies, forever.'" 
 
 In 1 744 the duty on hides was raised to 2s. 6d. for every raw 
 hide and Js. for every tanned hide exported out of the province. 
 This increase of revenue was planned for the benefit of the 
 College, the former revenue having been found " by experience 
 . . . insufficient to answer the purposes for which the same 
 was laid." ^ 
 
 In 1745, the whole of the excise tax — one penny upon every 
 gallon of wine, rum, brandy and other distilled spirits — was 
 appropriated " to the relief" of the College of William and 
 Mary for a term of eleven years. It was to " be applied and dis- 
 posed of for the founding scholarships, and such other good 
 uses, for the better support of the College, as by the Visitors 
 and Governors of the said College, or the greater part of them, 
 shall, from time to time, be directed and appointed, and not 
 otherwise ; and shall be accounted for to the Assembly." ' 
 
 This Act was continued in 1759, 1764, 1766 and 1769. In 
 this last year the duty was taken off beer and ale. And at this 
 time the founding of professorships, as well as scholarships, is 
 urged upon the Visitors and Governors of the College. 
 
 In 1752, Lord Dinwiddle came to Virginia as royal Gover- 
 nor. In reply to the welcoming address made to him by the 
 President and Masters of the College, he said : 
 
 " I have always looked on seminaries of learning with an 
 awful respect and true regard. The College of William and 
 Mary is undoubtedly a very great blessing to Virginia. The 
 education of the young gentlemen in the different sciences, the 
 examination into their several genuises, the cultivating their 
 minds with morality, virtue, religion and honor, so far as to 
 qualify them for the services of their country, is a very great 
 1 Ibid., IV, 429-433. 
 
 ''Ibid., V. 236-7. Four years later a return was made to the former customs 
 {Ibid.,y\,<)l-2.) 
 ''Ibid., V, 317-318. * Ibid., VIII, 335-6. 
 
294 EDUCATION IN THE COLONIES 
 
 and important charge which is reposed in you ... I shall 
 watch every opportunity wherein I can be of use or service to 
 the College." ' 
 
 Governor Dinwiddle did prove to be anxious for the pros- 
 perity of the College. On September 12, 1757, he writes to 
 the Lord Bishop of London : 
 
 "... The Visitors of the College, and indeed the country 
 in general, have for many years been greatly dissatisfied with 
 the behaviour of the Professor of Philosophy [Rev. Wm. Pres- 
 ton] and the Master of the Grammar School, [Rev. Wm. Rob- 
 inson] notoriously on account of intemperance and irregu- 
 larity laid to their charge, but also because they had married, 
 and contrary to all rules of seats of learning, kept their wives 
 children and servants in college, which must occasion much 
 confusion and disturbance. And the Visitors having frequently 
 expre.ssed their disapprobation of their families remaining in 
 college, about a year ago they removed them into town, and 
 since that time, as if they had a mind to show their contempt 
 of the Visitors, they have lived much at home, and negligently 
 attended their duty in college. In a meeting, therefore, on the 
 twentieth of May last, there was a complaint laid before them 
 of their neglect of duty and immoral conduct, being often very 
 drunk and very bad examples to the students, on which it was 
 ordered that the President should write to your Lordship to 
 be so kind as to recommend and send over two proper persons 
 in their room. The Professor of Philosophy declared his in- 
 tention of going home, which prevented a strict enquiry into 
 his conduct. He goes home in the fleet, which is happy for 
 the College and the country, for he is a warm, turbulent man, 
 and I fear has beeh the chief promoter of all the disturbances 
 lately here." ' 
 
 During the next ten years several special Acts for elementary 
 
 ' The Official Records of Robert Dinwiddie, in the Collections of the Virginia 
 Historical Society, I, 5. Edited by R. A. Brock, Richmond, 1883. 
 ■'Ibid., 11,696-7. 
 
VI RG IX I A 
 
 395 
 
 education and an additional appropriation to the College were 
 passed by the legislature. In 1752 the legislature passed an ad- 
 ditional Act for incorporating the borough of Norfolk — Section 
 9 reads as follows : " IX. And whereas at the time of laying out 
 the aforesaid town of Norfolk, a lot, or parcel of land, was laid 
 off and set apart, for the use of a school, for the benefit of the 
 inhabitants of the said Borough and County of Norfolk, which 
 said lot, or parcel of ground, is capable of being improved and 
 built upon. Be it enacted by the authority aforesaid, that the 
 Court of the said County of Norfolk, and the mayor, recorder 
 and aldermen of the said borough, or the major part of them, 
 shall have full power and authority to build on, or let the said 
 lot, or parcel of land, for any term of years, for the use and 
 benefit of the said school, and to provide and agree with an 
 able master for the said school, capable to teach the Greek and 
 Latin tongues, which said master, before he be received or ad- 
 mitted to keep school, shall undergo an examination before 
 the masters of the College of William and Mary, and the min- 
 ister of Elizabeth parish, for the time being, and produce a 
 certificate of his capacity, and also a license from the Governor, 
 or Commander- in Chief of this dominion, for the time being, 
 agreeable to his Majesty's instructions ; which said master, 
 qualified as aforesaid, shall continue in such office during his 
 good behavior, and no longer."' Ten years later the attention 
 of the government was again turned to the administration of 
 the Norfolk town school. It appeared that " by reason of the 
 variety of opinions frequently happening " between the county 
 justices and the mayor, recorder and aldermen of the borough 
 in the choice of a schoolmaster and in the government of the 
 school, the school had been greatly neglected and the good in- 
 tentions of the Assembly's Act of 1752 in great measure frus- 
 trated. Accordingly the Assembly proceeded to vest the right 
 of nominating a schoolmaster wholly in the mayor, recorder 
 and aldermen of the borough.^ 
 
 ' Ibid., VI, 265. ' Ibid., VII, 510-511. 
 
2q6 education in the colonies 
 
 In 17s 3 and Act was passed " for enabling the justices of the 
 peace of the county of Elizabeth City, and the minister and 
 church wardens of the parish of Elizabeth City, in that county, 
 to take and hold certain lands devised by the will of Benjamin 
 Sym, for a free school, and other charitable uses." 
 
 "Whereas Benjamin Sym, late of the county of Elizabeth 
 City, deceased, was in his life time seized in fee-simple, of a 
 tract or parcel of land, containing two hundred acres, or there- 
 abouts, with a marsh contiguous thereto ; situate, lying, and 
 being in the county of Elizabeth City, and being so seized, by 
 his last will and testament bearing date the twelfth day of 
 February, in the year of our Lord, one thousand six hundred 
 and thirty-four, devised the use of the said land (by the des- 
 cription of two hundred acres of land being in the Poquoson 
 River), with the milk, and increase of eight milch cows, for the 
 maintenance of a learned, honest man, to keep upon the said 
 ground a free school for the education and instruction of the 
 children of the adjoining parishes of Elizabeth City, and 
 Kiquotan, viz., from Mary's-Mount downwards, to the Poquo- 
 son River, and declared his will and desire to be, that the 
 justices of the peace of the said county, (by the name and title 
 of the worshipful the commanders, and the rest of the commis- 
 sioners of this liberty) with the minister and church wardens 
 of the said parish of Elizabeth City, should see his said will, 
 from time to time justly and truly performed, and further de- 
 clared his will and desire to be, that when there should be a 
 sufficient increase of the said cattle, part of them should be 
 sold and the money raised by such sale, laid out in building a 
 school-house ; and that the residue of the said increase, after 
 the schoolmaster should have a sufficient stock, should be 
 applied towards repairing the school-house, and maintaining 
 poor children, or decayed or maimed persons, according to 
 the directions of the said justices, minister and church wardens. 
 
 " II. And whereas the charitable intentions of the said Ben- 
 jamin Sym, the donor, hath not been effectually fulfilled, to the 
 end that the said charity may be more beneficial for the future. 
 
VIRGINIA _ 3Q7 
 
 " III. Be it enacted by the Lieutenant-Governor, Council, 
 Burgesses of this present General Assembly, and it is hereby 
 enacted by the authority of the same, that the present justices 
 of the peace of the said county of Elizabeth City, and such as 
 after them shall succeed to be justices of the peace for the said 
 county, during the time they shall so continue justices; the 
 present minister of the said parish of Elizabeth City, and such 
 as after him shall succeed to be minister thereof, during the time 
 they shall so continue or be in the same office, and the present 
 church-wardens of the said parish of Elizabeth City, and such 
 as after them shall succeed to be church-wardens thereof, dur- 
 ing the time they shall so continue in the same office ; shall 
 and may be trustees and governors of the said free school, and 
 of the said tract or parcel of land and marsh, with the appur- 
 tenances at all times hereafter forever. And that the said 
 trustees and directors shall forever hereafter stand and be in- 
 corporated, established and founded, in name and deed, a body 
 politic and corporate, to have continuance forever, by the name 
 of the Trustees and Governors of Sym's free school in the 
 County of Elizabeth City, and that they, the said trustees and 
 governors, may have perpetual succession, and that by that 
 name they and their successors may forever after have, hold, 
 and enjoy the above mentioned tract or parcel of land, contain- 
 ing by estimation two hundred acres, according to the known 
 and reputed bounds thereof, and the marsh aforesaid, with the 
 appurtenances ; and that the said trustees and governors, and 
 their successors, or the greater part of them, by the same 
 name shall and may have power, ability and capacity, to demise, 
 lease and grant the said tract or parcel of land and marsh, with 
 the appurtenances, and the present stock of cattle being 
 thereon, and belonging thereto, for any term of years not ex- 
 ceeding twentyone years, or for any term of years determin- 
 able upon one, two, or three lives or for one, two, or three 
 lives, reserving the best and most improved rent that can be 
 got for the same ; and to take, acquire, and purchase, and to 
 
3g8 KDUCAlIOh' IN THE COLONIES 
 
 sue and be sued, and to do, perform, and execute all other law- 
 ful acts and things, good, necessary, and profitable, for the said 
 corporation, in as full and ample a manner and form, to all in- 
 tents, constructions and purposes, as any other incorporation, 
 or body politic or corporate, fully and perfectly founded and 
 incorporated, may do. And that the said trustees and gov- 
 ernors, and their successors for the time being, may have and 
 use a common seal for the making such their demises, leases, 
 and grants, and for the doing all and every other thing and 
 things touching, or in any wise concerning, the said incorpora- 
 tion ; and that the said trustees and governors, and their suc- 
 cessors for the time being, or the greater part of them, shall 
 and may have full power and authority, by writing under their 
 common seal, to nominate and appoint when, and as often as 
 they shall think good, such person as they shall approve of, to 
 be master of the said free school ; which said master, before 
 he be received or admitted to keep school, shall undergo an 
 examination before the minister of the said parish, for the time 
 being, and produce a certificate of his capacity, and also a 
 license from the Governor or Commander-in-chief of this 
 dominion, for the time being, agreeable to his Majesty's in- 
 structions. And the said trustees and governors, and their 
 successors for the time being, shall and may have full power 
 and authority to visit the said free school, and to order, reform 
 and redress all disorders and abuses in and touching the gov- 
 ernment and disposing of the same, and to remove the said 
 master, as to them, or the greater part of them, shall seem just, 
 fit, and convenient. And that the said trustees and governors, 
 and their successors, or the greater part of them for the time 
 being, shall apply the rents to be paid for the said tract or 
 parcel of land, with the appurtenances, and stock of cattle, 
 aforesaid, to the maintenance of the said school-master, and 
 erecting and keeping in repair a sufficient school-house for his 
 dwelling, and teaching the children of the adjoining parishes of 
 Elizabeth City and Kiquotan, viz. from Mary's-Mount down- 
 
VIRGINIA 299 
 
 wards, to the Poquoson river; and the surplus, in case there 
 shall be any, to the maintenance of such poor children, or 
 decayed or maimed persons, as the said trustees and governors, 
 and their successors, or the major part of them, shall think fit. 
 
 " IV. And be it further enacted by the authority aforesaid, 
 that the said trustees and governors, and their successors, or 
 the greater part of them for the time being, shall have full 
 power, ability and capacity, by the name aforesaid, to sue for, 
 and recover all rents, and arrears of rents, and all and every 
 sum and sums of money, due for the occupation of the said 
 tract or parcel of land, by virtue of any agreement or contract, 
 heretofore made with the present justices of the peace of the 
 said county, and minister and church-wardens of the said 
 parish, or their predecessors, or the greater part of them, 
 against the person and persons from whom the same are due, 
 his and their executors and administrators ; and also all dam- 
 ages sustained by occasion of not repairing the houses on the 
 said tract of land, or by the occasion of the breach of any 
 other part of such contract or agreement, any law, or custom 
 to the contrary, notwithstanding. 
 
 " V. Saving to the King's most excellent Majesty, his heirs 
 and successors, and to all and every other person and persons, 
 bodies politic and corporate, their heirs and successors, other 
 than the person and persons claiming as heir or heirs of the 
 said Benjamin Sym, all such estate, right, title, claim and 
 demand, which they, or any of them, should or might have, of, 
 in, to, or out of the premises, or any of them, or any part 
 thereof.'" 
 
 In 1756 an Act was passed " for appointing trustees to lease 
 out certain lands and slaves, and for other purposes therein 
 mentioned." 
 
 " I. Whereas Henry Peasley, formerly of the County of 
 Glocester, deceased, was in his life time, and at the time of his 
 death, seized in fee-simple of a tract or parcel of land, con- 
 1 Ibid., VI, 389-392. 
 
400 
 
 EDUCATION IN THE COLONIES 
 
 taining six hundred acres, or thereabouts, lying and being in 
 the Parish of Abingdon, in the said county, and being so seized 
 by his will and testament in writing, bearing date the seven- 
 teenth day of March, in the year of our Lord, one thousand 
 six hundred and seventy-five, devised the same by the de- 
 scription of the land he then lived on, together with ten cows 
 and one breeding mare, for the maintenance of a free school 
 forever, to be kept with a schoolmaster for the education of 
 the children of the Parishes of Abingdon and Ware, forever. 
 
 "II. And whereas several slaves have been by different per- 
 sons, since the above devise, given for the same purposes, but, 
 by reason of the inconvenient situation of the said land, few 
 children frequent the free school kept there, so that the chari- 
 table intention of the said Henry Peasley, and the other 
 donors, is of little benefit to the said two parishes. 
 
 " III. And whereas it is represented to this present General 
 Assembly, by the ministers, church wardens, and vestrymen 
 of the said two parishes of Abingdon and Ware, that if proper 
 persons were impowered to lease out the said land and slaves, 
 the annual rents thereof would be sufficient to support and 
 maintain a free school in each of the said parishes for the edu- 
 cation of the children residing there. Be it therefore enacted, 
 by the Lieutenant-Governor, Council and Burgesses, of this 
 present General Assembly, and it is hereby enacted by the 
 authority of the same, that the present ministers, church 
 wardens, and vestrymen of the said two parishes of Abingdon 
 and Ware, and the ministers, church wardens and vestrymen 
 of the same parishes, for the time being, shall and may be, and 
 they are hereby nominated and appointed trustees and gov- 
 ernors of the said lands, slaves and other premisses forever; 
 and that the said trustees and governors shall forever here- 
 after, stand, and be incorporated, established, and founded, in 
 name and deed, a body politic and corporate to have continu- 
 ance forever, by the name of the Trustees and Governors of 
 Peasley's Free School, and that they the said trustees and gov- 
 
VIRGINIA 
 
 401 
 
 ernors may have perpetual succession, and that by that name 
 they and their successors may forever hereafter have, hold and 
 enjoy the above-mentioned tract or parcel of land, slaves and 
 other premisses, with their increase, and that the said trustees 
 and governors and their successors, or the greater part of 
 them, by the same name, shall and may have power, ability, 
 and capacity to demise, lease and grant the said tract or parcel 
 of land, slaves and other premisses, for any term of years, not 
 exceeding twenty-one years, or for any term of years determi- 
 nable upon one, two, or three lives, or for one, two, or three 
 lives, reserving the best and most improved rents that can be 
 got for the same, and to take, acquire and purchase, and to sue 
 and be sued, and to do, perform and execute all other lawful 
 acts and things, good, necessary and profitable for the said in- 
 corporation, in as full and ample a manner and form, to all in- 
 tents, constructions and purposes, as any other incorporation 
 or body politic and corporate, fully and perfectly founded and 
 incorporated, may do ; and that the said trustees and gover- 
 nors, and their successors, for the time being, may have and 
 use a common seal for making such their demises, leases and 
 grants, and for the doing all and every other thing and things 
 touching, or in any wise concerning, the said incorporation. 
 
 " IV. And be it further enacted, by the authority aforesaid, 
 that they, the said trustees and governors, and their successors, 
 or the greater part of them, shall and may, and they are hereby 
 impowered and required, to erect and found a free school in 
 some convenient part of each of the said parishes of Abingdon 
 and Ware, and by writing under their common seal, to nomi- 
 nate and appoint when, and as often as they shall think neces- 
 sary, such person, or persons, as they shall approve of to be 
 masters of the said free school, respectively, which masters, 
 before they be admitted to keep school, shall undergo an ex- 
 amination before the minister of the parish in which the school 
 he shall be appointed master of shall be situated, and produce 
 a certificate of his capacity, and also a license from the Cover- 
 
402 EDUCATION IN THE COLONIES 
 
 nor or Commander-in-chief of this dominion, for the time 
 being, agreeable to his Majesty's instructions. And the said 
 trustees and governors shall issue and apply the rents of the 
 said tract or parcel of land, slaves and other premisses for the 
 erecting, maintaining and supporting a free-school and school- 
 master, in each of the said parishes forever, for the education 
 of the children of the said parishes respectively, and the said 
 trustees and governors, and their successors, for the time 
 being, shall and may have full power and authority to visit the 
 said free-schools, and to order, reform and redress all disorders 
 and abuses in, and touching, the government and disposing of 
 the same, and to remove the masters, as to them, or the greater 
 part of them, shall seem just, fit, and convenient. 
 
 " V. And be it further enacted, by the authority aforesaid, that 
 the said trustees and governors, and their successors, or the 
 greater part of them, for the time being, shall have full power, 
 ability and capacity, by the name aforesaid, to sue for and 
 recover all rents and arrears of rent, and all and every sum 
 and sums of money due for the use and occupation of the said 
 tract or parcel of land, slaves and other premisses, by virtue of 
 any agreement or contract heretofore made by any person or 
 persons whatsoever. 
 
 " VI. Saving to the King's most excellent Majesty, his heirs 
 and successors, and to all and every other person and persons, 
 bodies politic and corporate, their heirs and successors, other 
 than the person or persons claiming as heir, or under the will 
 of the said Henry Peasley, all such estate, right, title, claim and 
 demand, which they, or any of them, should or might have, of, 
 in, to, or out of the premisses, or any of them, or any part 
 thereof" ' 
 
 In 1759 three pounds of the tax upon pedlars' licenses was 
 appropriated to the College of William and Mary. At the 
 same time it was provided that one-half the fine of ;£^20 
 
 1 Ibid., VII, 41-43. 
 
VIRGINIA 
 
 403 
 
 incurred by tax collectors through failure to enforce the law, 
 was to go to the College.^ 
 
 Chapter 30 of the laws passed at this same legislative 
 session was, 
 
 " AN ACT FOR THE BETTER REGULATING EATON's CHARITY-SCHOOL. 
 
 " I. Whereas notwithstanding the act of General Assembly, 
 made in the third and fourth years of the reign of his present 
 Majesty, intitled, An Act to enable the justices of the peace 
 of the County of Elizabeth City and the minister and church- 
 wardens of the Parish of Elizabeth City, in the said county, 
 for the time being, to take and hold certain lands, given by 
 Thomas Eaton, and to let leases thereof,^ part of the said lands 
 hath been unprofitable, the trustees having neglected to let the 
 same; and it is doubted whether the said trustees have power 
 to recover damages for any waste committed on the said land 
 by the tenants, or for breach of contract in not building and 
 planting thereon according to the terms of the leases, or for 
 any arrearages of rent, the said trustees not being incorporated 
 by the said act, and some of the said leases being either lost, 
 or in the custody of the tenants who will not produce them : 
 Be it therefore enacted, by the Lieutenant-Governor, Council, 
 and Burgesses, of this present General Assembly, and it is 
 hereby enacted, by the authority of the same, that the present 
 justices of the peace of the said County of Elizabeth City, and 
 ministers and churchwardens of the said Parish of Elizabeth 
 City and their successors, during the time they shall so con- 
 tinue in their respective offices, shall and may be trustees and 
 governors of the charity-school on the said land, with the 
 appurtenances, and shall forever hereafter stand and be in- 
 corporated, established and founded, in name and deed, a 
 body politic and corporate, to have continuance forever by the 
 name of Trustees and Governors of Eaton's Charity-school, in 
 
 1 Ibid., VII, 284-5. 
 
 ' Ibid., IV, 306. Title only given by Hening. 
 
404 EDUCATION IN THE COLONIES 
 
 the County of Elizabeth City, and shall and may have per- 
 petual succession, and by that name forever hereafter have, 
 hold and enjoy the said land with the appurtenances; and 
 that the said trustees and governors, and their successors, or 
 the greater part of them, by the same name, shall and may 
 have power, ability and capacity to demise, lease and grant 
 any part of the said tract of land, with the appurtenances, not 
 already letten, for any term of years not exceeding twenty-one, 
 or for any term of years determinable upon one, two. or three 
 lives, reserving the best and most improved rent that can be 
 got for the same; and to take, acquire and purchase, sue and 
 be sued, and to do, perform and execute all other acts and 
 things good, necessary and profitable for the said incorpora- 
 tion, in as full and ample manner and form, to all intents, 
 constructions and purposes, as any other incorporation or 
 body politic or corporate may do ; and may have and use a 
 common seal for making such their demises, leases and grants, 
 and for doing all and every other thing and things touching 
 or concerning the said incorporation; and that the said 
 trustees and governors, and their successors, for the time 
 being, or the greater part of them, shall and may have full 
 power and authority, by writing, under their common seal, to 
 nominate and appoint, when, and as often as they shall think 
 good, such person as they shall approve of to be master of the 
 said charity-school, such master having been first examined 
 by the minister of the said parish for the time being, and 
 producing from him a certificate of his capacity, and a license 
 from the Governor or Commander-in-chief of this dominion, 
 for the time being, agreeable to his Majesty's instructions. 
 And the said trustees and governors, and their successors, for 
 the time being, shall and may have full power and authority 
 to visit the said charity-school, and to order and reform the 
 government thereof and to remove the said master as to them, 
 or the greater part of them, shall seem just and convenient; 
 and that the said trustees and governors, and their successors. 
 
VIRGINIA 
 
 405 
 
 or the greater part of them, for the time being, shall apply the 
 rents of the said land, with the appurtenances, to the main- 
 tenance of the said master and erecting and keeping in repair 
 sufficient houses for his dwelling and teaching the children 
 entitled to the said charity, and the surplus, in case there shall 
 be any, to the other purposes mentioned in the will of the said 
 Thomas Eaton, recited in the said Act. 
 
 " II. And be it further enacted, by the authority aforesaid, 
 that the said trustees and governors, and their successors, or 
 the greater part of them, for the time being, shall have full 
 power, ability, and capacity, by the name aforesaid, to sue for 
 and recover damages for any waste or trespass committed on 
 the said land, and for not building, planting on and improving 
 the same according to the terms of any leases heretofore made, 
 and all rents and arrears of rents against the person or persons 
 from whom the same are due, his and their executors and ad- 
 ministrators ; and, in case any person or persons, holding any 
 part of the said land by virtue of any lease or leases, will not 
 produce such lease or leases, or accept of a new lease or leases, 
 and cause the same to be recorded in the court of the said 
 County of Elizabeth City, within six months after the passing 
 of this Act, such lease or leases shall be void, and the said 
 trustees and governors, and their successors, or the greater 
 part of them, shall and may demise and let such tenements in 
 the same manner as if such lease or leases had never been made. 
 
 " III. And whereas it will be for the benefit of the said 
 charity if part of the timber and woods on the said land are 
 sold : Be it therefore enacted, that the said trustees and gov- 
 ernors, and their successors, shall have full power to sell the 
 said timber and woods off the said land, reserving as much as 
 will be sufficient for building on, repairing and fencing the 
 same, in such manner as shall appear to them to be most bene- 
 ficial for the said charity, and shall apply the interest thereof, 
 and of the money to be recovered for the damages, rents and 
 arrearages aforesaid, to the purposes hereinbefore mentioned. 
 
4o6 EDUCATION IN THE COLONIES 
 
 " IV. And whereas the said foundation hath been abused by 
 admitting a great number of children into the said school, 
 whose parents are well able to pay for their education, for 
 remedy whereof, Be it enacted by the authority aforesaid, that 
 no person shall enjoy the benefit of the said charity school 
 without consent of the master for the time being, except such 
 poor children as the said trustees and governors, and their suc- 
 cessors, or the greater part of them, shall from time to time de- 
 clare to be the proper objects of the pious founder's charity. 
 
 " V. Saving to the King's most excellent Majesty, his heirs 
 and successors, and to all and every other person and persons, 
 bodies politic and corporate, their heirs and successors, other 
 than the person and persons claiming as heir or heirs of the 
 said Thomas Eaton, all such estate, right, title, claim and de- 
 mand which they, or any of them, should or might have of, in, 
 to or out of the premises, or any of them, or any part thereof 
 
 " VI. Provided always, that no lease shall hereafter be made 
 of the said land, or any part thereof, to the said trustees or 
 their successors, or to any other person or persons to their use 
 or benefit.'" 
 
 1 liiii., VII, 317-320. 
 
MARYLAND 
 
 In 1632 Charles I. granted the territory which was bounded 
 on the north by the 40th parallel and on the south west by the 
 Potomac River, to Cecelius, Lord Baltimore, to whom palatine 
 rights of government were also given. In 1633 a company of 
 about 300 persons was sent over by the Proprietor, and within 
 the next ten years the colony was increased by Puritan exiles 
 from Virginia. From this time until 1664 constant strife and 
 dissension existed in the province between the appointees of 
 the Catholic proprietor and the representatives of the Puritan 
 colonists. The first regular legislative body was convened in 
 January, 1638, by Lieutenant-governor Calvert. It consisted 
 of the Lieutenant-governor and three Councillors appointed by 
 the Proprietary and 47 of the freemen and proxies of freemen 
 in the province. In 1649 the Assembly was divided into two 
 houses." 
 
 The first indication of the attitude of these bodies towards 
 education is to be found in the laws which they enacted for the 
 protection of orphans and orphans' estates. At a session 
 held at St. Mary's, on September 27, 1663, an additional Act 
 for the Advancement of Children's Estates was returned to the 
 Council from the Lower House, " wherein they desired the 
 words ' handicraft, trade ' might be struck out." The Upper 
 House " ordered that answer be returned that to strike out 
 those words, ' handicraft, trade,' was to destroy the very thing 
 intended by the act, which was to breed up all the indigent 
 youth of this province to handicraft trade and no other.'" 
 
 ' The History of Maryland, II, 49, 55, 349. John Leeds Bozman. Balti. 
 more, 1837. 
 
 2 froceedings and Acts of the General Assembly of Maryland, January, 1637- 
 September, 1664, p. 470. Archives of Maryland. Edited by William Hand 
 Browne. Baltimore, 1883. 
 
 (407) 
 
 \ 
 
4o8 EDUCATION IN THE COLONIES 
 
 This bill was passed in accordance with the desire of the 
 Upper House. It provided " First that no account be allowed 
 for diet, clothes, physic or else against any orphans' estates, 
 but they be educated and provided for by the interest of the 
 estate and increase of their stock according to the proportion 
 of their estates, if it will bear it. But if the estate be so mean 
 and inconsiderable that it will not extend to a free education, 
 that it is enacted that such orphans shall be bound apprentices 
 to some handicraft, trade or other person at the discretion of 
 the court, until one and twenty years of age, except some kins- 
 man or relation will maintain them for the interest of the sole 
 estate they have without diminution of the principal, . . . . 
 That the court take able and sufficient security for orphans' 
 estates and enquire yearly of the security, and if the court see 
 cause, to have it changed and called in and placed as the court 
 shall think fit. The said court to enquire also whether the 
 orphans be kept maintained and educated according to their 
 estates, and if they find any notorious defect, to remove the 
 orphans to their other guardians, and also for those that are 
 bound apprentices to change their masters if they use them 
 rigorously or neglect to teach them their trades."^ This Act 
 was disapproved by the Proprietary in 1669 and a new Act for 
 the preservation of orphans' estates was passed in 1671.* The 
 new Act originated in the Lower House. It was read on 
 October 16 in the Upper House. Four amendments were 
 made, the first of which maintaining that " care must be taken 
 to have the children educated in the religion of their deceased 
 parents."' In a general Act that was passed in 17 15 for testa- 
 mentary administration, the liberality of this proviso was re- 
 stricted. "X. Provided always, That where any person, being 
 a Protestant, shall die, and leave a widow and children, and 
 
 1 Ibid., p. 495. 
 
 ''Laws of Maryland, 1663, ch. 16 and note. Thomas Bacon. Annapolis, 1765. 
 
 ''^ Maryland Archives. Proceedings and Acts, 1666-1676, p. 317. 
 
MARYLAND 
 
 409 
 
 such widow shall intermarry any person of the Romish com- 
 munion, or be herself of that opinion and profession, it shall 
 and may be lawful for his Majesty's Governor and Council, 
 within this province, upon application to them made, to remove 
 such child or children out of the custody of such parents, and 
 place them where they may be securely educated in the Prot- 
 estant religion." 
 
 In this Act the same reference was made to the free educa- 
 tion of orphans as in previous Acts, and it was left to the dis- 
 cretion of the county courts to bind out poor children to 
 " mariners or some handicraft trade." The justices of the 
 county courts were also directed to annually summon a jury 
 of twelve " good and lawful " men to enquire upon oath 
 " whether the orphans be kept, maintained and educated, ac- 
 cording to their estates ? And whether apprentices are taught 
 their trade, or rigorously used, and turned to common labor 
 at the ax or hoe, instead of learning their trades ? And if 
 they find that orphans are not maintained and educated accord- 
 ing to their estates, or apprentices neglected to be taught their 
 trades, upon pretence that the last year is enough to learn their 
 trade, that they remove them to other guardians and masters. 
 And in case the jury find that any apprentice is not taught his 
 trade, but put to other labor as aforesaid, the county court shall 
 condemn the master of such apprentice to make the apprentice 
 such satisfaction, as in justice his years of labor, or other work, 
 shall deserve."" 
 
 1 Bacon's Laws, 1715, ch. XXXIX. 
 
 » Hid., section XXI. 
 
 An interestiDg case of the application of these orphan and apprenticeship laws 
 is entered on the legislative journals of May 13, i68z. On that day the Lower 
 House sent the following message in writing to the Upper House : " This House 
 have read a certificate from the Commissioners of St. Mary's County Court con- 
 cerning Wadden Hanse, the daughter of one Hanse, a Swede, who was killed at 
 the Susquehanna fort ; and thereupon voted that ;^4000 be raised this year out 
 of the public and. ordered to be paid in St. Mary's county, that ;^looo thereof 
 be paid to William Wherritt for his keeping the child hitherto, that the other 
 
410 EDUCATION IN THE COLONIES 
 
 On April 13, 1 671, at a session held at East St. Mary's, a 
 bill was introduced in the Upper House " for the Founding 
 and Erecting of a School or College within this Province for 
 the Education of Youth in Learning and Virtue." ' 
 
 Two days later the Lower House took this bill into consid- 
 eration, and " resolved that this House is willing to assent to 
 this Act with these amendments, viz : That the place where the 
 said college shall be erected shall be appointed by the Assem- 
 bly most convenient for the country.' 
 
 " 2. That the tutors or school masters of the said school or 
 college may be qualified according to the reformed Church of 
 England or that there may be two school masters, the one for 
 the Catholic, and the other for the Protestant children, and 
 that the Protestants may have liberty to choose their school 
 master. 
 
 " 3. That a time be appointed when the work shall begin 
 and be set on foot. 
 
 " 4. That the Lord Proprietor be pleased to set out his declar- 
 ation of what privileges and immunity shall be enjoyed by the 
 scholars that shall be brought up or taught at such school or 
 college." 
 
 These amendments killed the bill, much to the regret of 
 the Proprietaries, as may be inferred from the tenor of the 
 correspondence between Governor Calvert and his father, 
 
 ;^3000 be paid to the commissioners of St. Mary's County to be by them paid 
 to such person as shall take the child as an apprentice or orphan child, till she 
 shall come to l8 years of age, the person that takes her to oblige to teach the girl 
 to read and sew. Also voted that the girl be further considered when she comes 
 to marry, or at the expiration of her time." The Upper House concurred with 
 these votes on the same day. {^Archives of Maryland. Proceedings and Acts of 
 the Assembly, 1678-1683, p. 312.) 
 
 ^ Ibid., Proceedings and Acts, etc. April, 1666-June, 1676, p. 262. 
 
 'St. Mary's, the seat of the proprietary government, was not thought to be 
 ' ' most convenient for the country. " After the Puritan revolution the capitol was 
 removed to Annapolis. 
 
 'Ibid., pp. 263-4. 
 
MAR YLAND 
 
 411 
 
 Lord Baltimore. On June 2, 1673, the Governor writes: 
 "Your Lordship's of the 21 of November, on the behalf 01 
 Mr. Robert Douglas, I received by his own hand, whom at 
 present I entertain at my own house and employ him to teach 
 my children, and shall give him all the encouragement that 
 lies in my power. Shall endeavor the promoting of a school 
 house and make him the master. In the mean time, till he 
 can more advantageously dispose of himself, he shall be where 
 he is; but doubt he will not find the people here so desirous 
 of that benefit of educating their children in that nature as he 
 might probably expect, for the remoteness of the habitation 
 of one person from another will be a great obstacle to a 
 school in that way that I perceive your lordship arrives at, 
 and that would much conduce to the profit and advantage of 
 the youth of this province."' 
 
 In spite of Lord Baltimore's evident zeal for education, 
 nothing was accomplished by the government in that direction 
 during the remainder of the 60 years of proprietary rule. 
 
 In 1692 a rebellion against proprietary authority was suc- 
 cessful in the province and Maryland became a crown colony. 
 The Protestant Episcopal church was established and a poll 
 tax of 40 pounds of tobacco was levied for its support. The 
 step from a government church to government schools was 
 short, and to Governor Nicholson, ex-governor of Virginia 
 and governor to Maryland in 1694, it seemed highly necessary. 
 
 At the opening of the Assembly in September, 1694, Gov- 
 ernor Nicholson sent a message proposing " that a way be 
 found out for building of a free school, and the maintenance 
 for a schoolmaster and usher and writing master that can cast 
 accounts."^ The Governor also proposed to give ;^50 
 towards the building and £2^^ sterling a year during his 
 
 ' Quoted in History of Maryland, p. 15. Bernard C. Steiner, Ph. D. Unitea 
 States Bureau of Education, Circular of Information, No. 2, 1894. 
 
 ^History of Education in Maryland, p. 19. Bernard C. Steiner, Ph. D. 
 United States Bureau of Education, Circular of Information, No. 2, 1894. 
 
412 EDUCA riON IN THE COL ONIES 
 
 continuance in office towards the maintenance of the master. 
 Sir Thomas Lawrence, secretary of the province, subscribed 
 5000 pounds of tobacco for the building and 2000 pounds per 
 annum while in office towards the support of the masters. 
 Four members of the Council subscribed 2000 lbs. of tobacco, 
 2 members, 1 200 pounds, 3 members, 1000 pounds, and Coun- 
 cillor Brooke and Auditor General Randolph promised the re- 
 spective yearly subscriptions of ;£'s 3s. and j^'io sterling.' On 
 October 3 the Lower House replied to the Governor's message: 
 " We have endeavored as far as able to follow your Excellency's 
 example and in order thereunto have contributed towards the 
 building such a free school as your Excellency hath proposed 
 the sum of 45,400 pounds of tobacco and some absent mem- 
 bers as yet have not subscribed ; and doubt not that every 
 well minded person within this province will contribute towards 
 the same. And upon consideration thereof have had some 
 debate concerning the building of one free school on the west- 
 ern and another on the eastern shore, and have nominated 
 Severn and Oxford for the two places, which debate we leave 
 to your Excellency's consideration and appointment. And to 
 that end and purpose humbly desire a conference with your 
 Excellency and council to consider of the best ways and 
 methods to establish the same."^ At this session the legislature 
 enacted four laws bearing directly and indirectly upon edu- 
 cation. 
 
 Chapter I was " An Act for the encouragement of learning 
 and advancement of the natives of this province.'" 
 
 Chapter XIX was " An Act for the imposition of 4 pence per 
 gallon on liquors imported into this province." Its purpose 
 was to raise money " for building and repairing court houses, 
 
 ^History of Maryland, I, 350. J. Thomas Scharf, Baltimore, 1879. 
 
 ■^Ibid. 
 
 '^Bacon's Laws, 1694, ch. I. Only the titles of this and the three following laws 
 are given by Bacon. Nor are the texts of the laws to be found in any of the 
 earlier compilations. 
 
MARYLAND ^Ij 
 
 free schools, bridewells, or such public services."' The Act 
 was continued in 1695 for three years/' 
 
 Chapter XXIII was " an Act for laying an imposition on 
 several commodities exported out of this province." The 
 " imposition " was laid upon furs, beef, bacon, etc., for the 
 maintenance of free schools.' 
 
 Chapter XXXI was " a supplicatory Act to their sacred 
 Majesties, for erecting of free schools." ' 
 
 Upon the signing of these session laws by the Governor, the 
 Assembly addressed a vote of thanks to him for his support of 
 religion and education.* The Assembly also wrote to the 
 Bishops of London and Canterbury in reference to their school 
 legislation. To the Bishop of London they write, on October 
 18, 1694: 
 
 " May it please your Lordship, under so glorious a reign, 
 wherein by God's providence, his true religion has been so 
 miraculously preserved, should we not endeavor to promote it, 
 we should hardly deserve the name of good Protestants or 
 good subjects ; especially considering how noble an example 
 is set before us by their Majesties' royal foundation now vigor- 
 ously carried on in Virginia. We have therefore in Assembly 
 attempted to make learning an handmaid to devotion, and 
 founded free schools in Mar3^1and, to attend on their college in 
 that country. We only beg their Majesties' confirmation of an 
 act we have proposed for their establishment and of your Lord- 
 ship a share of that assistance and care you have taken in pro- 
 moting so great and so good a design as that of the College.* 
 So charitable a founder of a school in opposition to that shop 
 of poisoning principles set open in the Savoy, we are confident 
 will favor our like pious designs in this province, wherein in- 
 
 ' Hid. ' Ibid., chapter 20. 
 
 'IHd. ''Ibid. 
 
 ^Council Proceedings, Liber F F., 791, 927, 1029. Cited in An Historical 
 View of the Government of Maryland, I, 263. John V. L. McMahon, 
 Baltimore, 1831. 
 
414 ^ -O OCA TION IN THE COL ONIES 
 
 structing our youth in the orthodox, preserving them from the 
 infection of heterodox tenets and fitting them for the service 
 of church and state in this uncultivated part of the world, are 
 our chiefest aim and end." ' 
 
 The assistance of the Archbishop of Canterbury was also 
 requested by the Assembly, and Secretary Lawrence and Mr. 
 Frisby of the House of Burgesses were commissioned to wait 
 upon the Archbishop in person and entreat his grace to take 
 upon himself the patronage of the free school.' The acceptance 
 of the Archbishop was laid before the Assembly on October 
 13, 1695, and two days later the Upper House instructed the 
 Lower House to send his lordship a letter of thanks.' 
 
 Governor Nicholson writes to the Archbishop, on May 26, 
 1698 : " I . . . hope in God that before this by your Grace's 
 interest, the laws are passed, especially that for free schools." * 
 
 In October, 1695, and in May, 1696, the Upper House made 
 two unsuccessful proposals to the Lower House that the 
 revenue that had been already raised by the tax on furs, etc., 
 should be laid out on the building of a small schoolhouse and 
 the maintenance of a schoolmaster.' 
 
 On September 18, 1695, the Upper House also proposed 
 that the sheriffs should proceed to collect the .school subscrip- 
 tions. To this proposition the Lower House answers : " The 
 tobacco that is subscribed is thought to be in good and secure 
 hands, and when the work is begun and the workmen are 
 agreed with by the trustees of the said free school, then the 
 subscribers will be ready to pay their several subscriptions."' 
 
 On September 25, the Upper House informs the Lower that 
 the Bishop of London has sent over a schoolmaster and that 
 the school building must therefore go forward, and a collection 
 of the subscriptions be made.' Consequently on September 
 
 ^Historical Collections relating to the American Colonial Church, IV, 1-2. 
 ^Ibid., IV, 3. ^Scharfs History, I, 352. 
 
 ^American Col. Church Coll., IV, 26. 
 ''Steiner's History, p. 20. 
 
MARYLAND 
 
 415 
 
 29, the Lower House resolves that the school trustees should 
 speedily meet together and begin the building of a schoolhouse 
 and to that end get in the school subscriptions as they were 
 needed. " As to the schoolmaster, the House desire his Ex- 
 cellency will make him reader of some parish, and that he have 
 half the 40 lbs. per poll," if the same exceed not 10,000 lbs. of 
 tobacco.'" 
 
 On October i, the Upper House renewed its request that 
 some part of the fur revenue should be granted to the school- 
 master. On October 2, the Lower House replied that sufificient 
 encouragement had already been granted to him by their 
 recent resolves. On October 7, Schoolmaster Geddes was ap- 
 pointed reader of All Saints parish by the Governor at a salary 
 of 10,000 lbs. of tobacco per annum "' until further order." On 
 June 3, 1697, Mr. Geddes was '• placed out as undermaster to 
 the college school in Virginia to save a present charge and to 
 gain himself the more experience against the school here is 
 built.'" 
 
 In 1696 the Supplicatory Act for free schools which had 
 been passed in 1694 was revised and amended in accordance 
 with the King's instructions,' and then re enacted by legisla- 
 ture as 
 
 " A PETITIONARY ACT FOR FREE SCHOOLS. 
 
 " To His Most Excellent Majesty, &c. 
 
 " Dread Sovereign, From the sincerity of our humble and 
 loyal hearts, we offer to your sacred person, our most dutiful 
 and sincere thanks, for your royal care and protection to us, 
 for your Majesty's princely zeal and pious care of our mother, 
 the Church of England, and extending your royal benediction 
 to our neighboring colony, your Majesty's subjects and terri- 
 tory of Virginia, in your gracious grant and charter ' for the 
 
 ^Steiner's History, 20-21. 'J bid., 2i. 
 
 ^American Col. Church Coll., IV, 28. 
 
 •This charter granted the revenue from the impost on tobacco exported from 
 Maryland as well as from Virginia to the College of William and Mary. See 
 P- 374- 
 
41 6 EDUCATION IN THE COLONIES 
 
 propagation of the college, or place of universal study, in that 
 your Majesty's said Colony. In humble contemplation 
 whereof, and being excited by his present Excellency Francis 
 Nicholson, Esq., your Majesty's Governor of this your prov- 
 ince, his zeal for your Majesty's service, pious endeavors and 
 generous offers for the propagation of Christianity and good 
 learning, herein we become humble suitors to your most 
 sacred Majesty, to extend your royal grace and favor to us 
 your Majesty's subjects of this province, represented in this 
 your Majesty's General Assembly thereof, that it may be 
 enacted. 
 
 " II. And may it be enacted, by the King's most excellent 
 Majesty, by and with the advice, prayer and consent of this 
 present General Assembly, and the authority of the same, that 
 for the propagation of the gospel, and the education of the 
 youth of this province in good letters and manners, that a cer- 
 tain place or places, for a free school or schools, or place of 
 study of Latin, Greek, writing, and the like, consisting of one 
 master, one usher, and one writing master or scribe, to a 
 school, and one hundred scholars, more or less, according to 
 the ability of the said free school, may be made, erected, 
 founded, propagated and established under your royal patron- 
 age. And that the most reverend father in God Thomas, by 
 Divine Providence Lord Archbishop of Canterbury, Primate 
 and Metropolitan of all England, may be chancellor of the said 
 schools ; and that, to perpetuate the memory of your Majesty, 
 it may be called King William's School, and managed by cer- 
 tain trustees, to be chosen and appointed by your sacred 
 Majesty, to wit., — as also by the following trustees, nominated 
 and appointed by this present General Assembly, that is to 
 say, by your Majesty's said Governor, Francis Nicholson, 
 Esq.; the Honorable Sir Thomas Lawrence, Baronet, Col. 
 George Robotham, Col. Charles Hutchins, Col. John Addison, 
 of your Majesty's honorable Council of this province; the 
 reverend divine, Mr. Peregrine Cony, and Mr. John Hewett, 
 
MAR YLAND 
 
 417 
 
 together with Robert Smith, Kenelm Cheseldyne, Henry 
 Coursey, Edward Dorsey, Thomas Ennals, Thomas Tasker, 
 Francis Jenkins, William Dent, Thomas Smith, Edward 
 Boothby, John Thompson, and John Bigger, gentlemen, or the 
 greatest part, or the successors of them, upon and in a certain 
 place of this province, called Ann- Arundel Town, upon Severn 
 River, and at such other place or places, as by the General 
 Assembly of this province shall be thought convenient and 
 fitting, to be supported and maintained in all time coming. 
 And that your Majesty will, for your heirs and successors, 
 grant and give leave to the said Francis Nicholson, Esq., and 
 trustees abovesaid, or the major part or longest livers of them, 
 that they may be enabled to take, hold and enjoy, and that 
 they may be apt and capable in law, for taking, holding and 
 enjoying, all manors, lands, tenements, rents, services, rectories, 
 portions, annuities, pensions, with all other inheritances, fran- 
 chises and possessions whatsoever, spiritual or temporal, to 
 the value of fifteen hundred pounds sterling, and all other 
 goods, chattels, money and personal estate whatsoever, of the 
 gift of any person whatsoever, that is willing to bestow them, 
 for the said use, or any other gifts, grants, assignments, lega- 
 cies, or appointment of the same, or any of them, or of any 
 other goods whatsoever, with this express intention and trust 
 put in them, that the said Francis Nicholson, and other the 
 trustees aforesaid, or the major part or the longest livers of 
 them, shall take and hold the premises, and shall dispose of 
 the same, and of the rents, revenues and profits thereof, or of 
 any of them, only for the defraying the charges that shall be 
 laid out in erecting and fitting the edifices of the said free 
 school or schools, as they, or the major part of them, shall 
 think most expedient, until the said free school or schools 
 shall be actually erected, founded and established ; and upon 
 the trust and intention, that as soon as the said free school or 
 schools shall be erected and founded, the said Francis Nichol- 
 son, and other the trustees above named, shall, from time to 
 
4i8 
 
 EDUCATION IN THE COLONIES 
 
 time, and at all times hereafter, apply all lands, tenements, 
 rents, annuities, goods, chattels, profits, incomes, or advantages 
 whatsoever, real or personal, or as much as shall not be laid 
 out and bestowed upon building the said free school or schools 
 as aforesaid, as shall be hereafter expressed. 
 
 " III. And, that when the said free school or schools, shall 
 be so erected and established, the said Francis Nicholson, and 
 other the trustees above named, or the major part of the longest 
 livers of them, shall apply and appropriate to the use, benefit 
 and maintenance, out of the revenues or incomes to the said 
 trustees for the use aforesaid, the sum of one hundred and 
 twenty pounds sterling per annum, for the salary, support and 
 maintenance of the said first mentioned free school, master, 
 usher and scribe, and the necessary repairs and improvements 
 of the same, as to the said Francis Nicholson, and trustees 
 aforesaid, the major part or survivors of them, shall seem 
 expedient from time to time to ordain in the premises. 
 
 " IV. And that for the uses and purposes aforesaid, they, 
 the said Francis Nicholson, and the trustees aforesaid, the 
 survivors, or the major part of them, shall, and may be 
 incorporated into a body politic, by the name of the Rectors, 
 Governors, Trustees and Visitors of the Free Schools of 
 Maryland; with full power to plead and be impleaded, to sue 
 and be sued, to defend and be defended, to answer and be 
 answered, in all and every cause, complaint and action, real, 
 personal or mixed, of whatsoever kind or nature it shall be, 
 whatsoever courts and places of judicature belonging to your 
 Majesty, your heirs and successors, or by, from, or under 
 your royal grant or authority. 
 
 " V. And, that your Majesty will be graciously pleased to 
 give and grant your special license, as far as your Majesty 
 see expedient, to the said Francis Nicholson, Esq.; and the 
 other trustees aforesaid, that they, or any of them, or that any 
 person or persons whatsoever, after the said free school or 
 schools is, or are so erected, founded and established, or 
 
MARYLAND 
 
 419 
 
 before, may have power to give and grant, assign and be- 
 queath all or any manor, lands, tenements, rents, services, 
 portions, annuities, pensions, inheritances, franchises, and pos- 
 sessions whatsoever, spiritual or temporal, to the value of 
 fifteen hundred pounds sterling per year, besides all burthens, 
 reprisals, and reparation, to them the said Francis Nicholson, 
 and others the governors, trustees and visitors of the said free 
 school of Maryland, the major part or survivors of them 
 incorporate, for the uses aforesaid, to them and their succes- 
 sors forever. 
 
 "VI. And further, that the said Francis Nicholson, and 
 other the governors, trustees and visitors aforesaid, the 
 longest livers and successors of them, be the true, sole and 
 undoubted visitors, trustees and governors of the said free 
 school or schools, in perpetual succession forever, to be con- 
 tinued in the way and manner hereafter specified, with full and 
 absolute power, liberty and authority in making and ordaining 
 such laws, orders and rules, for the good government of the 
 said free school, or schools, as to them the said trustees and 
 governors and visitors aforesaid, and their successors, shall 
 from time to time, according to the various occasions and 
 circumstances, seem most fit and requisite. All which shall 
 be observed by the master, usher, tutors and scholars of the 
 said school, upon the penalties therein contained. 
 
 " VII. Provided notwithstanding, that the said rules, laws 
 and orders, be no ways contrary to your Majesty's prerogative 
 royal, nor to the laws and statutes of your Majesty's Kingdom 
 of England, or Province of Maryland aforesaid, or to the 
 canons and constitutions of the Church of England by law 
 established. 
 
 " VIII. And that they, the said governors and visitors and 
 trustees aforesaid, and their successors, shall forever be eighteen 
 men, and not exceeding twenty in the whole, to be elected and 
 constituted in the way and manner hereafter specified; of 
 which one discreet and fit person, that shall be called Rector 
 
420 EDUCATION IN THE COLONIES 
 
 of the said Iree school and schools. And that, from time to 
 time, and in all times coming, the said rector shall exercise 
 the said office during one year (death and legal disability ex- 
 cepted) and after, until some others of the said visitors and 
 governors of the said school and schools shall be duly elected, 
 preferred and sworn to the said office. And that, from time 
 to time, and at all times coming, after the said year is expired, 
 or after the death of the said rector, the visitors or governors 
 of the said school or schools, or the greatest part of them, or 
 their successors, should have power to elect and nominate 
 another discreet and fit person from amongst themselves, to 
 be rector of the said free school or schools ; and that he, who 
 is so elected, preferred and nominated into the place of rector 
 as aforesaid, shall have power to have, exercise, and enjoy the 
 said office of rector for one whole year, except before excepted, 
 then next ensuing ; and thereafter until some other rector of 
 the said school or schools shall be duly elected, preferred to, 
 and sworn in the said office. 
 
 " IX. And to perpetuate the succession of the said gover- 
 nors, rectors and visitors, that as often as one or more of the 
 governors or visitors of the said school or schools shall die or 
 remove himself and family out of this province into any other 
 country for good and all, that then, and so often, the rector for 
 the time being, and the other visitors and governors of the 
 said free school and schools, then surviving and remaining 
 within the province, or the major part of them, shall and may 
 have leave to elect, nominate and choose, one or more of the 
 principal and better sort of the inhabitants of the said province, 
 into the place or places of the said visitors and governors so 
 dead or removed ; and so to fill up the number of the visitors 
 and governors of the said school and schools : And that he 
 and they, so elected and chosen, shall take his and their cor- 
 poral oath before the rector and other visitors and governors 
 as aforesaid, or the major part of them, well and faithfully to 
 execute the said office : Which oath the rector and two or 
 
MARYLAND 
 
 421 
 
 jnore of the said visitors shall have power to administer. And 
 that, after taking the said oath, he or they shall be of the num- 
 ber of the said visitors and governors of the said school or 
 schools. 
 
 " X. And further, that the said rector, for the time being, 
 by and with the advice and consent of three or more of the said 
 governors and visitors shall and may, from time to time, and 
 as often as need shall require, and they see convenient, call 
 and convocate the said governors and visitors together, to do, 
 consult and consent to such things, as for the propagation, 
 good and benefit of the said free school or schools, shall be 
 ordained and established. And that the said governors and 
 visitors shall, and may hold such their court or convocation 
 in such free school, or such part thereof, as to them shall seem 
 convenient. And shall and may, from time to time, punish 
 any disorder, breaches, misdemeanors or offences, of any 
 master, usher, or scribe, or scholars, of any such free school or 
 schools, against any orders, laws or decrees of the said gover- 
 nors and visitors aforesaid. And if they find cause, to alter, 
 displace and turn out, any master, usher or scribe, of any such 
 school or schools, and put others in their steads and places, as 
 to the said rector, governors and visitors of the said school or 
 schools, or the major part of them, shall seem convenient and 
 fitting. 
 
 " XI. And also, that the said rectors, governors and visitors 
 of the said free school or schools, and their successors, shall 
 have one common seal, which they may make use of in what- 
 soever cause and business belonging to them and their succes- 
 sors, relating to the said ofifice of rector, governors and visitors 
 of the said free school or schools. And that the said governors 
 and visitors may have leave to break, change and renew their 
 said seal, from time to time at their pleasure, as they shall see 
 most expedient. 
 
 " XII. And further, that it may please your Majesty to grant 
 to the said rector, governors and visitors aforesaid, of the said 
 
422 -S-C UCA TION IN THE COL ONIES 
 
 free school or schools aforesaid, that as soon as they shall be 
 enabled by any gifts, grants, pensions, donations, or incomes, 
 of any manors, lands, tenements, or other estate whatsoever, 
 real or personal exceeding the sum of one hundred and twenty 
 pounds per year, allotted and allowed for support and repara- 
 tions of the first free school at Severn, as aforesaid ; that then, 
 as they shall be enabled as aforesaid, the said rector, governors 
 and visitors, shall proceed to erect, found and build, one other 
 free school at the town of Oxford, on the eastern shore of this 
 province, in Talbot county, or in such other place of the same 
 county, as to the said rectors, governors and visitors as afore- 
 said, shall seem most expedient. And, after the same shall be 
 built, founded and established, to appropriate and apply to the 
 said second free school (out of the treasure accruing to them 
 for the benefit and advantage of free schools aforesaid, over 
 and above the one hundred and twenty pounds per year, 
 allowed as aforesaid, to the first free school) the like sum of 
 one hundred and twenty pounds per ye^r, for the benefit, ad- 
 vantage and support of such second free school, and shall and 
 may place a master, usher and scribe therein, as in the other 
 first free school as aforesaid, and shall in all respects be under 
 the same benefits, privileges, injunctions and restrictions, as the 
 said first free school. 
 
 " XIII. And also, after the said second free school is built, 
 erected, founded and furnished, the said rectors, governors and 
 visitors, shall as fast as they shall be enabled as aforesaid, pro- 
 ceed to the erecting other and more free schools in this prov- 
 ince, that is to say, in every county of this province at present, 
 one free school. And shall and may be impowered to estab- 
 lish, constitute, enjoin and restrain, to and under the same 
 benefits, advantages, instructions and restrictions as aforesaid, 
 and appropriate and apply such and so much of the said reve- 
 nue, not before disposed or ordained to each free school, as to 
 them shall seem most convenient and expedient, not exceeding 
 one hundred and twenty pounds per annum, as aforesaid." ' 
 
 '^Macon's Laws, 1696, ch. XVII. 
 
MARYLAND 433 
 
 After the passage of this Act, Governor Nicholson, " excited 
 by a laudable zeal and pious inclination of promoting a free 
 school within the town and port of Annapolis," contributed 
 three lots which he owned in that town together with £\o 
 sterling to the building of a school house. At the same time 
 he "prevailed" upon one Anthony Workman, inn keeper, to 
 advance £\^0 sterling for the building of a house on the 
 aforesaid lots, which house was to remain in the possession of 
 Anthony Workman during his natural life and " afterwards to 
 remain over to the use of the free schools." This arrange- 
 ment was successfully carried out, for in 17 15, in view of the 
 fact that the records of the transaction which had been ordered 
 to be entered upon the legislative journals could not be found, 
 (the journals being " defaced and torn ") the legislature formally 
 vested the title to the house and land in the Rector, Governors 
 and Visitors of the Free School at Annapolis.' 
 
 Upon the establishment of the Church of England in Mary- 
 land, the Bishop of London sent out Dr. Bray as his commis- 
 sary to that colony. Dr. Bray is reported to have been able 
 "to do many public services in Maryland, to settle and pro- 
 cure a support for several new ministers, to fix and furnish 
 some parochial libraries and to provide schoolmasters, very 
 much to the advancement of religion in those parts."' In 
 1704 the legislature passed an Act for securing these parochial 
 libraries. According to this Act the libraries were to be cared 
 for by the parish ministers who were accountable for them to 
 the Governor, Council and vestry. The vestries were required 
 to inspect the libraries twice during the year on pain of 
 forfeiture of i ,400 pounds of tobacco. Moreover, the Governor 
 was empowered to appoint one or more visitors for the general 
 supervision of all the libraries.' 
 
 '^Bacon's Laws, 1715, ch. IV. See also sec. XVI of ch. XXIV, 1696. 
 'Humphrey's Account of the Society for the Propagation of the Gospel, p. I2. 
 'Bacon's Laws, 1704, ch. LVI. 
 
424 EDUCATION IN THE COLONIES 
 
 In 1704, upon a representation that the one school which 
 had been erected under the Act of 1696, King William's, at 
 Annapolis, was in need of funds/ the legislature passed an Act 
 laying an export duty upon several kinds of skins and furs for 
 the maintenance of a free school or schools within the 
 province. The duty was "for every bear-skin, nine pence 
 sterling; for beaver, four pence per skin; for otter, three 
 pence per skin; for wild-cats', foxes', minks', fishers' and wolfs' 
 skins, one penny, halfpenny per skin; for musk-rat, four pence 
 per dozen ; for raccoons, three farthings per skin ; for elk 
 skins, twelve pence per skin ; for deer skins dressed or un- 
 dressed, four pence per skin ; for young bear and cub skins, 
 two pence per skin." 
 
 Non-residents not trading directly with England were re- 
 quired to pay double these amounts. In case of fraudulent 
 shipment, the property was to be confiscated, one-half to go to 
 the informer, and one-half to the school fund. Shipmasters 
 who were party to such fraud were to be fined 5000 lbs. of 
 tobacco, one-half of which was likewise to be paid over to the 
 school fund. This Act also imposed an export tax upon non- 
 resident exporters of beef, bacon and pork : for dried beef and 
 bacon, 12 pence the hundred weight; for pork and undried 
 beef, 12 pence the barrel.' 
 
 In 1723, the above export duties on skins and furs were 
 repealed by the legislature, and in their stead the following 
 imposts were laid upon non-resident importers of pork, pitch 
 and tar : " For every barrel of pork, the sum of one shilling 
 per barrel, or for every hundred weight thereof, six pence ; for 
 pitch, one shilling per barrel; for tar, six pence per barrel." 
 These duties were appropriated to the Free School Society, 
 whereas one-half of the property confiscated in the case of 
 fraudulent importation, was appropriated " towards the use of 
 public schools in the several counties." ' 
 
 ^Steiner's History, p. 23. 
 
 ^Bacon's Laws, 1704, ch. XXVII. ^Ibid., 1723, ch. XI. 
 
MARYLAND 
 
 42 s 
 
 Governor Hart called a convention of the Episcopal clergy 
 at Annapolis in June, 1714, and put certain enquiries to 
 them concerning the demoralization of the established 
 colonial church.' Question 5 was, " Are there any school- 
 masters within your respective parishes that came from 
 England and do preach without the Lord Bishop of Lon- 
 don's license? or that come from other parts, and teach 
 without a license from the Governor ?" ^ The answers to 
 these enquiries were drawn up by 21 clergymen. In refer- 
 ence to the question concerning schools, they state that 
 " the case of schools is very bad ; good schoolmasters are 
 very much wanting, what we have very insufficient, and of 
 their being qualified by the Bishop of London's or Governor's 
 license, it has been entirely neglected." " 
 
 In 1 71 5,* it having been represented to the legislature that 
 the trustees of the free schools lay " under great difficulties 
 in procuring a meeting of a competent number" at their meet- 
 ings according to their act of incorporation, it was enacted 
 that the rector and five of the governors and visitors should 
 be deemed to constitute a quorum for the Free School Society.' 
 
 In 1717 an Act was passed " for laying an additional duty of 
 20 s. current money per poll on all Irish servants, being 
 Papists, to prevent the growth of Popery by the importation 
 of too great number of them into this province ; and also the 
 additional duty of 20 s. current money per poll on all negroes, 
 for raising a fund for the use of public schools within the sev- 
 eral counties of this province." Sections 3 and 4 of this Act 
 refer to this latter provision. 
 
 " III. And be it further enacted [etc.,j that from and after 
 the time aforesaid [12 months after the close of this General As- 
 
 '^ Contributions to the Ecclesiastical History of the United States, II, 137,- 
 •^American Col. Church Coll., IV, 74. ^Ibid., IV, 76. See also IV, 98. 
 
 * In this year the proprietary authority was re-established in the colony. 
 ^Bacon's Laws, 1715, ch. IV, sec. III. 
 
. 426 EDUCATION IN THE COLONIES 
 
 sembly], for every negro imported into this province, either 
 by land or water, the importer or importers of such negroes, 
 shall pay unto the naval officer aforesaid, the sum of twenty 
 shillings current money per poll, over and above the twenty 
 shillings sterling per poll, imposed by a former Act of 
 Assembly of this province, on penalty and forfeiture of five 
 pounds current money per poll, for every negro kept back or 
 unaccounted for ; . . . 
 
 " IV. Which said duties of twenty shillings current money 
 per poll, shall, for the advancement of learning, be applied to- 
 wards the encouragement of one public school in every 
 county within this province (that is to say) one equal share 
 thereof towards the support of each school, according to the 
 directions of such Act or Acts of Assembly, as shall hereafter 
 direct therein."^ 
 
 This Act appears to have been open to misconstruction, and 
 so, in 1728, an explanatory Act was passed, in which it was 
 definitely stated that resident as well as non-resident owners of 
 trading vessels were liable to these poll taxes on Papists and 
 negroes ' 
 
 In 1763, an additional poll tax of two pounds was imposed 
 on every imported negro, and the penalty for fraudulent im- 
 portation was raised from 5 to 10 pounds. The revenue from this 
 additional tax, as well as one-half of the forfeiture money was 
 appropriated to the county schools. The Act was limited to 
 three years.' 
 
 In 1 7 19, under an Act for the application of such intestate 
 estates as have no legal representatives, etc., it was provided 
 that after the satisfaction of creditors, the balance of such es- 
 tates was to be paid over to one of the public treasurers " to 
 be applied to the use of schools" within the several counties 
 
 '^Bacon's Laws, 17 17, ch. X. 
 
 ^Bacon's Laws, 1728, ch. VIII, sections 4 and 5. 
 
 ^Ibid., 1763, ch, XXVIII. 
 
MAR YLAND 
 
 427 
 
 of the province. In case legal representatives eventually ap- 
 peared, the money was to be refunded out of the school stock.' 
 
 In 1720, an Act was passed " for raising a duty of three 
 pence per hogshead on all tobacco exported out of this prov- 
 ince." Of this sum three half pence were appropriated to " the 
 use of public schools." This Act was continued in 1721, in 
 1723 and in 1726, expiring in 1727.^ 
 
 On October 26, 1723, the legislature passed 
 
 " AN ACT FOR THE ENCOURAGEMENT OF LEARNING AND ERECTING 
 SCHOOLS IN THE SEVERAL COUNTIES WITHIN THIS PROVINCE. 
 
 " Whereas, the preceding Assemblies for some years past 
 have had much at heart the absolute necessity they have lain 
 under in regard both to duty and interest ; to make the best 
 provision in their power for the liberal and pious education of 
 the youth of this province, and improving their natural abili- 
 ities and acuteness (which seems not to be inferior to any) so 
 as to be fitted for the discharge of their duties in the several 
 stations and employments they may be called to, and employed 
 in either in regard to Church or State ; and for that end laid 
 an imposition on sundry commodities exported out of, and 
 others imported into this province, and other fines, for the 
 raising a fund for the erecting and supporting a good school 
 in each county within this province, which has succeeded with 
 such desired effect, that it is now thought necessary, and is 
 prayed that it may be enacted, and Be it enacted, by the 
 right honorable the Lord Proprietor, by and with the advice 
 and consent of his Lordship's Governor, and the Upper and 
 Lower Houses of Assembly, and the authority of the same, that 
 in some convenient time after the end of this present session 
 of Assembly, there shall (for the ends before mentioned) be 
 erected one school in each county within this province, at the 
 most convenient place as near the center of the county as may 
 be, and as may be most convenient for the boarding of chil- 
 
 ^Bacon's Laws, 1719, ch. XIV. ''Bacon's Laws, 1720, ch. XV. 
 
428 EDUCATION IN THE COLONIES 
 
 dren, at the discretion of the visitors or the major part of 
 them, that are hereafter nominated, appointed and empowered 
 by this Act, in each county. And be it therefore enacted, by 
 the authority, advice and consent aforesaid, that for the time 
 being, the seven several persons hereafter named for each 
 county, be, and are hereby nominated, appointed and named 
 visitors and are empowered with full and sufficient authority 
 for discharging the several offices, duties and trusts, reposed 
 in and required of them by this Act, within the several and re- 
 spective counties within which they reside (that is to say) for 
 St. Mary's County, the Rev. Leigh Massey, James Bowles Esq., 
 Nicholas Lowe Esq., Mr. Samuel Williamson, Col. Thomas 
 Trueman Greenfield, Mr. Thomas Waughop, and Cap. Justin- 
 ian Jordan ; for Kent County, the Rev. Richard Sewall, the 
 Rev. Alexander Williamson, James Harris Esq., Col. Edward 
 Scott, Mr. Simon Wilmer, Mr. Gideon Pearce, Mr. Lambert 
 Wilmer ; for Ann-Arundel County, the Rev. Mr. Joseph 
 Colebatch, Col. Samuel Young, William Lock Esq., Capt. 
 Daniel Mariartee, Mr. Charles Hammond, Mr. Richard War- 
 field, and John Beale Esq. ; for Calvert County, the Rev. Mr. 
 Jonathan Cay, John Rousby Esq., Col. John Mackall, Col. 
 John Smith, Mr. James Heigh, Mr. Walter Smith of Leonard's 
 Creek, Mr. Benjamin Mackall; for Baltimore County, the 
 Rev. Mr. William Tibbs, Col. John Dorsey, Mr. John Israel, 
 Mr. William Hamilton, Mr. Thomas Tolley, Mr. John Stokes, 
 and Mr. Thomas Sheredine ; for Charles County, the Rev. Mr. 
 William Machonchie, Mr. Gustavus Brown, Mr. George 
 Dent, Capt. Joseph Harrison, Mr. Robert Hanson, Mr. Sam- 
 uel Hanson and Mr. Randal Morris ; for Talbot County, the 
 Rev. Mr. Henry Nicholls, Col. Matthew Tilghman Ward, 
 Robert Ungle Esq., Mr. Robert Goldsborough, Mr. William 
 Clayton, Mr. John Oldham, and Mr. Thomas Bozman; for 
 Somerset County, the Rev. Mr. Alexander Adams, the Rev. 
 Mr. James Robertson, Mr. Joseph Gray, Mr. Robert Martin, 
 William Stoughton Esq., Mr. Robert King, and Mr. Levin 
 
MAR YLAND 429 
 
 Gale ; for Dorchester County, the Rev. Mr. Thomas Howell, 
 Col. Roger Woolford, Maj. Henry Ennalls, Capt. John Rider, 
 Capt. Henry Hooper, Capt. John Hudson, and Mr. Govert 
 Lockerman ; for Caecil county, Col. John Ward, Maj. John 
 Dowdall, Col. Benjamin Pearce, Mr. Stephen Knight, Mr. 
 Edward Jackson, Mr. Richard Thompson, and Mr. Thomas 
 Johnson, junior; for Prince George's County, the honorable 
 Charles Calvert Esq., Governor, the Rev. Mr. Jacob Hender- 
 son, Mr. Robert Tyler, Col. Joseph Belt, Mr. Thomas Grant, 
 Mr. George Noble, and Col. John Bradford; for Queen Ann's 
 County, the Rev. Mr. Christopher Wilkinson, Philemon 
 Lloyd Esq. ; Richard Tilghman Esq., Mr. James Earl, sen- 
 ior, Mr. William Turbutt, Mr. Augustine Thompson, and Mr. 
 Edward Wright. 
 
 " The which persons, so nominated, appointed, authorized 
 and named, for the several and respective counties as aforesaid 
 or the major part of them, in case of death, or absence of any 
 are hereby required with all convenient speed, to meet at such 
 place within their county as to them shall seem meet, to qual- 
 ify themselves for the office of visitors of their county schools, 
 which they are to do, by taking the several oaths appointed 
 by Act of Assembly, and signing the oath of abjuration, and 
 the test, according to the directions thereof; and also taking 
 an oath for the discharge of the several duties and trusts re- 
 posed in them, in the words following : ' I, A. B., do swear 
 that I will dully and faithfully discharge the duties and trusts 
 committed to me, as a visitor of county school, accord- 
 
 ing to the best of my skill and cunning. So help me God.' 
 The which oaths are to be administered by any of the four 
 persons last named for the county, to the person first named, 
 or in his absence, to any one of three persons first named that 
 shall be present, the which person being sworn as aforesaid, 
 shall administer the oaths aforementioned to all the rest ; and 
 so successively, the persons first named that shall be present, 
 shall always administer the said oaths to any that have been 
 
430 
 
 EDUCATION IN THE COLONIES 
 
 absent, or that shall hereafter be elected and chosen, pur- 
 suant to the direction of this Act, to supply the place of any 
 that shall be dead, or removed out of the county. And the 
 aforesaid persons, or the major part of them, being sworn as 
 aforesaid, shall be constituted and qualified as visitors of the 
 school of their said county, and as such, are hereby invested 
 with full power and authority, as a body politic, to plead and 
 be impleaded, to sue and be sued, to defend and be defended, 
 to answer and be answered, in all and every cause, complaint 
 and action, real, personal or mixed, of whatsoever kind or nature 
 it shall be, in any of the courts and places of judicature within 
 this province ; and that they, or any of them, or any other 
 person or persons whatsoever, either before or after such 
 school shall be erected, founded and established, in any county 
 as aforesaid, have full power to give and grant, assign and be- 
 queath, all or any manors, lands, tenements, rents, services, 
 portions, annuities, pensions, inheritances, franchises and pos- 
 sessions whatsoever, spiritual or temporal, to the value of one 
 hundred pounds sterling, per annum (besides all burthens, re- 
 prisals and reparations) to them the said visitors, or the major 
 part, or survivors of them incorporate, for such county school, 
 to them and their successors forever. And further, that the 
 said persons so incorporate, the longest livers and successors 
 of them, shall be the true, sole and undoubted visitors of such 
 schools in perpetual succession forever; to be continued in 
 the way and manner hereafter specified ; with full and abso- 
 lute power, liberty and authority, in making and ordaining 
 such laws, orders and rules for the good government of the 
 said schools, as to them the said visitors, and their successors 
 shall, from time to time, according to their various occasions 
 and circumstances, seem to them most fit and requisite; all 
 which shall be observed by the master, usher, tutor, and 
 scholars of the said school, upon the penalties therein con- 
 tained. Provided always, that the said rules, laws and orders, 
 be no wise contrary to the royal prerogative, nor to the laws 
 
MAR VLAND 
 
 431 
 
 and statutes of England, and Acts of Assembly of this province, 
 or to the canons and constitutions of the Church of England 
 by law established. And for the perpetuating the succession 
 of the aforementioned number of seven visitors to each school 
 as aforesaid; Be it enacted, by the authoriy, advice and con- 
 sent aforesaid, that as often as any one or more of the visitors 
 of any of the aforesaid schools shall die, or remove himself 
 and family out of the province, or into any other county 
 to reside, that then and so often, the visitors for the 
 time being, then surviving and remaining within the county, 
 or the major part of them, be, and are hereby author- 
 ized and required to elect, nominate and choose, one or more 
 of the principal and better sort of the inhabitants of the county, 
 into the place and room of the said visitors of such school, so 
 dead or removed, and so to fill up the full number of visitors 
 for each school ; the which persons so elected and chosen from 
 time to time, are always to be qualified in the same manner as 
 is before mentioned. And be it further enacted, that the visi- 
 tors (for the time being) of such school, being qualified as 
 aforesaid, be, and are hereby authorized and directed with all 
 convenient speed, to purchase one hundred acres or more of 
 land, for the use of such school, having a special regard as to 
 its conveniency, that it be as near as possible in such place in 
 the county, as is before directed for the erecting of schools, by 
 this Act ; the which land, when so purchased, the visitors are 
 to assign such part of it as they shall see meet, not to exceed 
 one moiety thereof, to be built upon, and cleared (if not before 
 built on and cleared) for the conveniency of making com and 
 grain, and for pasturage, for the encouragement, use and bene- 
 fit of the master of such school, for the time being ; the other 
 moiety whereof is to be preserved in woodland ground, and 
 no other use made thereof by such master, without the license 
 and direction of the said visitors, than what may be absolutely 
 necessary for fire-wood, and the repairing of the houses and 
 fencing already built and made, or to be built and made, on 
 
432 
 
 EDUCATION IN THE COLONIES 
 
 such other moiety thereof, and that no master be permitted 
 either by himself or by any other person, on any pretense what- 
 soever, to plant any tobacco on such land or plantation ; and 
 the visitors of the several schools as aforesaid, are further em- 
 powered and directed, in case there shall not be sufficient 
 building upon any such land at the time of making a purchase 
 thereof for a dwelling house and necessary conveniences for 
 the master, and for keeping a school therein, and ground 
 cleared sufficient for the use aforesaid, that then they shall 
 with all possible speed, agree with such workmen and laborers 
 or other person, in the best manner they can, that will under- 
 take the necessary buildings and improvements upon such 
 lands, for the uses aforementioned ; and the visitors aforesaid 
 are likewise hereby directed to take all proper methods for the 
 encouraging good school masters, that shall be members of 
 the Church of England, and of a pious and exemplary lives and 
 .conversations, and capable of teaching well the grammar, good 
 writing, and the mathematics, if such can conveniently be got; 
 and that they allow every such master for his encouragement 
 for the present (besides the benefit and use of his plantation) 
 the sum of twenty pounds per annum, and to take such other 
 measures, or make such other agreements, from time to time, 
 for the future, as the circumstances will admit of, as may give 
 due encouragement to one or more masters, and be necessary 
 and useful for the improving and perpetuating such school. 
 And further, the visitors of every school, after it shall be 
 erected, are hereby required to meet thereat, at least four times 
 a year, to inspect into and consider thereof, and direct the 
 necessary affairs thereof. And for the enabling the visitors of 
 the schools as aforesaid, for the purchasing of lands, and erect- 
 ing of schools, and encouraging of masters in manner as afore- 
 said. Be it enacted, that the money already raised for the use 
 of county schools, and that is now in the public treasurer's 
 hands, being divided into twelve equal parts, answering to the 
 pumber of county schools now to be erected, the treasurers in 
 
MAX YLAND 
 
 433 
 
 whose hands such money lies, are hereby required to make due 
 payment of one of those twelve parts or dividends of money in 
 their hands, to the visitors of the schools for each county or 
 the major part of them, or their orders, whensoever they shall 
 have occasion to draw on such treasurers for the same ; and 
 the like payment shall, from time to time, be made to the visi- 
 tors as aforesaid, by the treasurers, of the like dividends that 
 shall hereafter arise, due to such schools, and some to their 
 hands ; and the visitors of the schools as aforesaid, are hereby 
 empowered to dispose of all such money as they shall receive 
 from time to time, in such manner as may be most for the en- 
 couragement and advancement of such schools. And be it 
 likewise enacted, that the visitors of each school, to be con- 
 stituted, qualified and incorporated in manner aforesaid, or the 
 major part of them and their successors, be, and hereby are 
 enabled to take, hold and enjoy, and be apt and capable in law, 
 for taking, holding and enjoying, all manors, lands, tenements, 
 inheritances, franchises and possessions whatsoever, spiritual or 
 temporal, to the value of fifteen hundred pounds sterling, and 
 all other goods, chattels, money and personal estate whatso- 
 ever, of the gift of any person whatsoever, that already hath or 
 hereafter shall be willing to bestow them for the use of the 
 said school, or any other gifts, grants, assignments, legacies or 
 appointments of the same or any of them, or any other goods 
 whatsoever ; to be applied by the visitors for the uses and in 
 manner as afore mentioned : And the said visitors are likewise 
 hereby authorized to receive all and every such fines and for- 
 feitures as have already arisen due or that shall hereafter arise 
 due to their several county schools, in whose hands soever the 
 same are lodged, and upon refusal or delay of payment 
 thereof, that then they may, at their discretion exercise the 
 powers and authorities, (given them as a body politic by this 
 Act) for the recovery of the same ; the which fines and forfeit- 
 ures are likewise to be applied to the uses and in manner 
 aforesaid. Provided always, that the visitors to be appointed 
 
434 EDUCATION IN THE COLONIES 
 
 for every such school as aforesaid, and their successors, from 
 time to time, are hereby empowered to appoint a register, and 
 allow him a reasonable salary, who is hereby obliged to keep 
 a fair account of all their proceedings, and of the applications 
 by them to be made of all moneys, tobaccoes, or other com- 
 modities or matters or things whatsoever, that shall come to 
 their hands by virtue of the authorities given them by this Act, 
 which shall at all times hereafter be subject to the examination 
 and correction of the General Assembly of this province. And 
 be it further enacted, that every person by this Act appointed 
 as a visitor of the county schools, or that shall hereafter be 
 nominated and appointed as such, pursuant to the direction 
 hereof, that shall willfully refuse or delay to take upon him 
 the said office, shall forfeit and pay for every such refusal or 
 delay, the sum of five hundred pounds of tobacco for the use 
 of the school of that county where such offense shall be com- 
 mitted ; to be recovered in his Lordship's name, or at the visi- 
 tors suit, before the justices of that county court by bill, plaint 
 or information, wherein no essoin protection or wager of law 
 shall be allowed." ^ Five years after the passage of this Act, it 
 was found expedient to pass an Act to supply some of its defects. 
 " Several inconveniences and much damage " had been caused 
 by the negligence of school visitors, and consequently it was 
 enacted " that in case any of the visitors of the said schools, 
 shall hereafter willfully and obstinately refuse or neglect to 
 meet, and be present at any of the times appointed for the 
 meeting of the said visitors, so that the necessary affairs of the 
 said school or schools cannot be transacted and directed, that 
 then it shall and may be lawful for the visitors of each school, 
 or the major part of such visitors, who shall so meet, are 
 hereby directed and empowered to nominate and choose one 
 or more of the principal and better sort of the inhabitants of 
 the county, into the place and room of the said visitor so refus- 
 ing or neglecting " . . . . It is further enacted " that the 
 
 ^Bacon's Laws, 1723, ch. XIX. 
 
MAR YLAND 
 
 43 S 
 
 master of every public school within this province, shall, and 
 is hereby required to teach as many poor children gratis, as 
 the visitors or the major part of them, of the respective schools 
 shall order, or be immediately discharged and removed from 
 his trust in the said school, and a new master put in.'" 
 
 From 1741 to 1776 several Acts were passed concerning the 
 administration of the different county schools. 
 
 In 1 74 1, the visitors of the Kent County school were em- 
 powered to divide part of the school lands into lots and lease 
 them out for the use of the master. In case of vacancy in the 
 post of master, the rents were to be applied to the use of the 
 school. ' 
 
 In 1765, the majority of the visitors of Kent County school 
 were empowered to lease out upon ten days' notice part of the 
 school land in lots not exceeding three acres ^ to the highest 
 bidder for a term not exceeding 2 1 years. They were like- 
 wise authorized to renew expiring leases, and to apply all the 
 rents that were taken in to the greatest advantage of the school.* 
 
 In 1746, an Act was passed for establishing a county school 
 in Worcester County, a new division that had been made 
 through the division of Somerset County.* Seventeen years 
 later the visitors of the Somerset County school were ordered 
 to pay over to the Worcester school one-half of the school 
 fund which was in their hands at the time of the division of 
 the two counties. At the same time the visitors of the Wor- 
 cester school were directed " with all convenient speed " to 
 purchase four lots in Snow Hill town — the funds of the school 
 being insufficient to purchase the 100 acres pursuant to the 
 
 1 Ibid., 1728, ch. VIII. 2 nij^^ 1^41^ ch. I. 
 
 • Three years later this limitation was removed by a supplementary Act. At 
 this time, the visitors were also empowered " to lay out 10 acres of the school 
 land, including the school house and free school spring, for the use of the mas- 
 ter." Laws of Maryland, l^6&,di.'X.'X.. Annapolis, 1787. 
 
 *Ibid., 1765, ch. XXX. 
 
 ^Bacon's Laws, 1746, ch. VII. 
 
436 EDUCATION IN THE COLONIES 
 
 school law of 1723 — and to cause the erection of a public 
 school for the use of the county.' 
 
 In 1753, the visitors of St. Mary's County school were em- 
 powered to add to their number." Five years later, the school 
 house was destroyed by fire, and an Act was passed enabling 
 the visitors to sell the school land — the site having been found 
 very inconvenient for a school — and to purchase another piece 
 of ground with the proceeds and erect a school house.' 
 
 In 1763, an Act was passed " for erecting a public school in 
 Frederick County" on the ground that " it is reasonable that 
 education should be extended equally to the several parts of 
 the province." Seven visitors were appointed, and a share of 
 the county school fund was paid to them with which they 
 were to purchase one acre in Frederick Town and erect a 
 school house.* 
 
 In 1768, seven new visitors were appointed for the public 
 school in Frederick County. They were empowered to buy 
 half an acre of ground in Frederick Town and to build a 
 school house, and the colony treasurer was directed to pay 
 over to them a dividend of the county school duties.' 
 
 In 1770, the free schools of Somerset and Worcester 
 Counties were united by act of legislature. Ten visitors 
 were appointed from each county and empowered to dispose 
 of the old school lands and to devote the proceeds, together 
 with all the moneys in the hands of the former visitors and all 
 moneys which had been subscribed to the respective schools, 
 to the erection of a new school at a place most convenient for 
 each county. The public treasurers were also directed to pay 
 over two dividends of the county school revenue " to this new 
 board.' 
 
 1 Ibid., 1763, ch. XVI. « Ibid., 1753, ch. XIX. 
 
 ^Ibid., 1758, ch. XIII. <-Ibid., 1763, XXXII. 
 
 ^ Laws of Maryland, 1787. 1768, ch. VI. 
 
 ^Ibid., 1770, ch. XII. 
 
 ' In 1774 this board was reduced from 20 to 7 members. Ibid., iTJi,, ch. XII. 
 
MARYLAND 
 
 437 
 
 In 1774, the free schools of Saint Mary's, Charles and 
 Prince George's Counties were also united by act of legislature. 
 The consolidated school was to be erected at the Cool Springs, 
 and to be called Charlotte Hall. It was to be governed by a 
 president and 21 trustees or visitors, of which 15 were to con- 
 stitute a quorum. The other conditions of consolidation were 
 similar to those of the consolidation act of 1770.' In this same 
 year, an Act was passed relative to the administration of King 
 William's School in Annapolis. The governing board was 
 empowered " to receive any gift, devise or conveyance of goods, 
 chattels or lands, according to the estate given, and not exceed- 
 ing an annual income of .^200 sterling. In the absence of the 
 rector, seven members of the board could act in all matters re- 
 lating to the school. The register was directed to give per- 
 sonal notice to every member resident in Annapolis, or to leave 
 a written notice at his house, of any intended meeting of the 
 corporation. He was also to give similar notice to any non- 
 resident member whom he knew to be in town. Failure to 
 notify members involved a fine of 20 s. which was to be applied 
 to the use of the school.'^ 
 
 The establishment of a collegiate institution was several 
 times brought to the attention of the legislature during the 
 1 8th century. In 1732 an extremely liberal and comprehen- 
 sive plan for founding a college at Annapolis was presented to 
 the Upper House of Assembly. It was read and recommended 
 to the Lower House.' In 1754, Governor Sharpe, in his open- 
 ing address to the legislature, observed : " Shall I also take the 
 liberty of intimating what considerable benefit must accrue to 
 the inhabitants and what honor must redound to yourselves 
 from the foundation of a more perfect and more public semi- 
 nary of learning in this province; a scheme this, long since put 
 in execution among our neighbors, to whom our youth are 
 still obliged, much to the disadvantage and discredit of this 
 
 !/«</., 1774, ch. XIV. ' Ibid., 1774, ch. XV. 
 
 ' Steiner's History of Education in Maryland, pp. 26-29. 
 
438 EDUCATION IN THE COLONIES 
 
 province, to recur for a liberal education. Of such an estab- 
 lishment your descendants and late posterity will reap the 
 advantage and remember the present age with gratitude. 
 From my knowledge of what vast pleasure and satisfaction his 
 Lordship receives from being able to contribute to and promote 
 the reputation, honor and prosperity of his province,' I will 
 presume to encourage you to expect something more than his 
 bare approbation of such a proposal." '^ 
 
 Accordingly, on May 6, the question was put in the Lower 
 House whether the fund that had been appropriated to the 
 county schools and the money which would arise on the sale 
 of the lands and houses belonging to them, should be applied 
 towards the erection of one public seminary of learning within 
 the province. It was carried in the affirmative, 38 to 13. On 
 May 28, the question whether the establishment of this semi- 
 nary should be referred to the next Assembly or not, was de- 
 cided by the casting vote of the Speaker in the negative. But 
 here the matter came to a standstill.* 
 
 In 1 76 1 a bill was introduced "for the appropriation of or- 
 dinary licenses towards the support of a college in Annapolis." 
 This bill was warmly supported by the people's delegates ; 
 but it was opposed by the Proprietary and his representatives. 
 Governor Sharpe, in writing to Lord Baltimore on June 23, 
 1761, tried to justify the apparent disloyalty of one Dr. Stuart, 
 in voting for this bill. The Governor states that Dr. Stuart 
 was " obliged to vote against his inclination for appropriating 
 the ordinary licenses as a fund for its [the projected college] 
 support, or run a great risk of being rejected at the next elec- 
 
 ^On May z, 1754, Governor Sharpe writes to Lord Baltimore: "The trustees 
 of the Charity School about to be established in Talbot county [for poor children 
 and negroes] gratefully accept your Lordship's proposals and are preparing a 
 thankful address for the most kind testimony of your Lordship's approbation.'' 
 (^Archives of Maryland. Correspondence of Governor Horatio Sharpe, II, 55.) 
 This address was forwarded to Lord Baltimore by the Governor on August 8. 
 (Ibid,, II, 79. See also Steiner's History, pp. 34-6.) 
 
 ' Given in Steiner's History, p. 29. 3 Ibid., p. 30. 
 
MARYLAND 
 
 439 
 
 tion by the inhabitants of this city [Annapolis], many of 
 whom expecting to receive vast advantages from such an in- 
 stitution were apt to think every one an enemy to the town 
 who would not vote for a college at all events." ' 
 
 On October 19, Cecilius Calvert writes to Governor Sharpe 
 in reference to this matter, that Lord Baltimore " will not 
 allow such a strip of his right or from his secretary office, and 
 thereof he depends you will follow his instructions." ^ 
 
 In 1763, the Lower House passed, by a vote of 21 to 19, 
 the report of a committee which recommended that the house 
 in Annapolis, which was intended for a Governor's residence, 
 should be completed and appropriated for a college building. 
 The 30CX) pounds necessary for this end were to be appropriated 
 from funds in the hands of the commissioners of the loan 
 office. The running expenses were estimated at .£'1380, dis- 
 tributed as follows : president, or first master, ^£^300 ; second, 
 third and fourth masters, each ;^200 ; mathematical master, 
 ;^200 ; two English and writing masters, ;^iOO each, and five ser- 
 vants and a boy, £60. This amount was to be raised by a tax 
 on ordinary licenses, estimated at .^600 ; from a tax from 5 to 
 10 shillings on bachelors, estimated at ;£^420 ; from the Hon. 
 Benedict Calvert's donation to King William's School of ^40, 
 and from the profits arising on 80 boys at £0^ per annum.' 
 On November 19, the Upper House sent a message to the 
 Lower House on this bill, which states that : " Satisfied 
 that the establishment of a college or seminary of learn- 
 ing in this province on a good foundation would be productive 
 of many great advantages to the inhabitants, we are much 
 pleased to find that you are also convinced of the expediency 
 of such an establishment." The Upper House, however, ob- 
 jected to the bill as it had been drawn up by the Lower 
 House, and as the end of the session was at hand, it was de- 
 cided to postpone the discussion of the subject. * 
 
 ' Correspondence of Governor Horatio Sharpe, II, 525. See also, 523. 
 '^ Ibid., II, 545. ^ Steiner's History, p. 30. 'Ibid., pp. 30-31. 
 
440 
 
 EDUCATION IN THE COLONIES 
 
 In October, 1773, Governor Eden recalled the subject of 
 a collegiate foundation to the attention of the legislature. 
 He said in his message : " Permit me to recommend to your 
 reflections the extensive utility which can not fail to flow from 
 an establishment in this province of a regular seminary for our 
 youth, liberally instituted and supported, and to express my 
 warmest wishes that it may engage your peculiar attention." ' 
 
 »/«(/., p. 31. 
 
SOUTH CAROLINA 
 
 In 1663 and 1665 Charles II. granted to eight persons that 
 region in America which was bounded on the north by 
 latitude 36° 30', on the south by the 29th parallel, on the 
 east by the Atlantic and on the west by the Pacific Ocean, 
 Proprietary rights of government and trade were given 
 together with the land, and a feudal system of government was 
 drawn up for this territory in 1669 under the name of "the 
 fundamental constitutions ;'" but this plan of government was 
 never actualized among the Virginian and New England dissen- 
 ters and Quakers who began to come into the northern part 
 of the country in 1653, nor among the immigrants from Bar- 
 badoes and England, the Scotch-Irish, the Dutch New Yorkers, 
 and the French Huguenots who settled the southern part of 
 the colony between 1665 and 1686. In both these divisions a 
 governor and council came to be appointed by the proprietaries 
 and an assembly to be elected by the people. In 1700, the 
 Assembly of South Carolina made provision for the library of 
 225 volumes which had been donated to the colony two years 
 previous through the influence of Dr. Thomas Bray, commis- 
 sary of the Bishop of London in Maryland.^ 
 
 ' It is remarkable that in this instrument of government, which was drawn up 
 by the ablest philosopher and the ablest statesman of the time, there is no pro- 
 vision of any kind for education. This omission was probably deliberate. Locke 
 was an outspoken advocate of private instruction. (See The History of South 
 Carolina under the Proprietary Government, p. lo8. Edward McCrady, New 
 York, 1897.) 
 
 ^Education in South Carolina, p. 41. Edward McCrady, Jr. In the collec- 
 tions of the Historical Society of South Carolina. Charleston, 1 883. 
 
 (441) 
 
442 EDUCATION IN THE COLONIES 
 
 " AN ACT FOR SECURING THE PROVINCIAL LIBRARY AT 
 CHARLESTOWN IN CAROLINA. 
 
 " Whereas, at the promotion of the Rev. Mr. Thomas Bray, 
 and the encouragement and bount)- of the right Honorable 
 the true and ab.solute Lords and Proprietors of this Province, 
 and the aforesaid Dr. Bray, and the inhabitants of this Prov- 
 ince, a hbrary hath been sent over to Charlestown, for the use 
 of this province, and it is justly feared that the books belong- 
 ing to the same will quickly be embezzeled, damaged or lost, 
 excepting a law be passed for the effectual preservation of the 
 same. 
 
 " I. Be it therefore enacted by his Excellency John Earl of 
 Bath, Palatine, and the rest of the true and absolute Lords and 
 Proprietors of this Province, by and with the advice and con- 
 sent of the rest of the members of the General Assembly, now 
 met at Charlestown, for the south-west part of this province, 
 and by the authority of the same, that the Provincial Library 
 of Carolina shall be, continue and remain in the hands, custody 
 and possession and safe-keeping of the incumbent or minister 
 of the Church of England, in Charlestown, in this province, for 
 the time being ; which said incumbent is and shall be hereby 
 bound and obliged to keep and preserve the several and re- 
 spective books therein, from waste, damage, embezzlement, 
 and all other distruction (fire and all other unavoidable acci- 
 dents only excepted), and is and shall be hereby accountable 
 for the same, and every book thereof, to the commissioners 
 hereafter nominated; And to that end and purpose, the incum- 
 bent of Charlestown, and his successors, shall pass two 
 receipts for the books belonging to the library aforesaid, one 
 to the commissioners hereafter named, and the other to the 
 church-wardens of Charlestown for the time being, in which 
 receipts the titles of each book shall be inserted ; and in case 
 all or any of the books is or shall be found to be wasted, en- 
 damaged or embezzled, or any otherwise destroyed, except as 
 
SOUTH CAROLIXA 443 
 
 before excepted, the respective incumbent, his executors or 
 administractors, are and shall be hereby bound and obliged to 
 answer double the value of the same ; and the said commis- 
 sioners are hereby empowered to sue for the same, in any 
 court of record in this province, by bill, plaint, or information, 
 or other action, wherein no essoign, protection, injunction or 
 wager of law shall be allowed ; and what thereby shall be re- 
 covered, reasonable charge and expences deducted, to employ 
 and dispose towards the completing and perfecting the afore- 
 said library, so vifasted, endamaged, embezzled or otherwise de- 
 stroyed, within the space of twelve months after such recovery. 
 
 " II. And be it further enacted by the authority aforesaid, 
 that in case of the death or removal of the incumbent of 
 Charlestown, in this province, that then the respective church- 
 wardens of Charlestown shall immediately take into their re- 
 spective hands, custody, possession and safe-keeping, all the 
 books belonging to the said library, and shall be answerable 
 for the same to the commissioners hereafter nominated. 
 
 " III. And be it further enacted by the authority aforesaid, 
 that the church-wardens of Charlestown, upon their receiving 
 of the books belonging to the said Provincial Library into 
 their custody, shall compare the same with the catalogue and 
 receipt for the same, in their custody, and if any of the books 
 are wanting or damaged, they shall give an account thereof in 
 twenty days time at farthest, to tiie commissioners hereafter 
 mentioned, who are hereby impowered to sue the said incum- 
 bent, or, in case of his death, his executors or administractors, 
 for the same, as aforesaid ; And in case the said church- war- 
 dens refuse to give such account, then they, their executors 
 and administractors, are hereby made accountable to the com- 
 missioners hereafter named, for all the books belonging to the 
 said library, and contained in the catalogue thereof 
 
 " IV. And be it further enacted by the authority aforesaid, 
 that the inhabitants of this province shall have liberty to 
 borrow any book out of the said Provincial Library, giving a 
 
^4 EDUCATION IN THE COLONIES 
 
 receipt for the same to the incumbent of Charlestown, for the 
 time being, with a promise to return the said book or books; 
 if a folio, in four months time; if a quarto, in two months 
 time; if an octavo, or under, in one month, upon penalty of 
 paying three times the full value of the said book or books so 
 borrowed, in case of failure of returning or damnifying the 
 same : And the said incumbent is hereby obliged to enter such 
 receipt in a book, to be fairly kept for that purpose, and upon 
 the same being returned, shall note it returned, on the other 
 side or column of the said book, and not cross or blot the same: 
 And in case the persons that borrowed any book or books out 
 of the said library, doth refuse to return the same, or doth 
 damnify the said book, upon complaint thereof given by the 
 said incumbent, his executors or administractors, to two or 
 more of the commissioners, and by them, or any five of them, 
 to the chief justice of this province for the time being, or any 
 two justices of the peace, it shall be lawful, and the said chief 
 justice, or any two justices of the peace, are hereby empowered 
 and required, by warrant of distress, directed to any of the 
 constables of this province, to levy three times the value of 
 such book or books, on the goods and chattels of the person 
 so refusing to deliver, or damnifying the same ; and for want 
 of such distress, to commit the person to prison, till satisfac- 
 tion be made to the incumbent. 
 
 " V. And be it further enacted by the authority aforesaid, that 
 the commissioners hereafter named shall make, or cause to be 
 made, seven catalogues of all and singular the books in the 
 said library, and the same being fairly written, one of which 
 shall be sent to England to the right honorable the Lords 
 Proprietors of this Province ; one to the right reverend father in 
 God, the Lord Bishop of London ; one to the aforesaid Rev. 
 Dr. Bray ; one to be entered on record in the Secretary's office 
 of this province; one to be in the custody and for the use of 
 the commissioners hereafter named, under which the incum- 
 bent shall sign a receipt for the respective books ; one to be 
 
SOUTH CAROLINA 
 
 445 
 
 in the custody of the church-wardens of Charlestown, for the 
 time being, under which the incumbent shall also sign a receipt 
 for the respective books ; and one to be fairly entered in a book 
 for that purpose to be kept by the incumbent in the said 
 library, that so any person may know what books are contained 
 in the said library. 
 
 " VI. And be it further enacted by the authority aforesaid, 
 that the commissioners hereafter named, after making an exact 
 catalogue of all and singular the respective books in the said 
 library, shall, and are hereby empowered to, appraise and rate 
 each book, at a price certain, in the current money of this 
 province ; which appraisement shall be an established rule to 
 judge and determine the value of the said books, in case any 
 suit is brought by the said commissioners against any person 
 that shall detain or damnify any of the said books, or against 
 the incumbent of Charlestown, or his executors or admin- 
 istractors. 
 
 "VII. And be it further enacted by the anthority aforesaid, 
 that the commissioners hereafter named, or any five of them, 
 shall, every year, on the fifth day of November, resort to the 
 house built for the incumbent of Charlestown, where the said 
 library shall be kept, and there examine the books thereof by 
 the catalogue, and see that there be the full number, and that 
 they are not damnified nor spoiled : And therefore the incum- 
 bent is hereby required, in lending any of the several books 
 out of the said library, notwithstanding the time usually allowed 
 by this Act, to oblige the said persons to return all such books 
 as they borrow, to the said incumbent, ten days before the said 
 fifth day of November, that so all and singular the books be- 
 longing to the library aforesaid, may be exposed to the view 
 of the said commissioners, the better to enable them to judge 
 if they are any way damnified or spoiled, and to give their 
 order accordingly. 
 
 "VIII. And be it further enacted by the authority aforesaid, 
 that James Moore, Esq., now Governor of Carolina, Joseph 
 
446 EDUCATION IN THE COLONIES 
 
 Morton, Nicholas Trott, Ralph Izard, Esqs., Capt. Job Howes, 
 Capt. Thomas Smith, Mr. Robert Stevens, Mr. Joseph Cros- 
 keys and Mr. Robert Fenwicke, or any five of them, be, and 
 are hereby nominated to be, commissioners and trustees, for 
 the due inspection and preservation of the library aforesaid, and 
 all and singular the respective books to the same belonging: 
 And they, or any five of them, shall have power to commence 
 or bring any suit or action given by this Act : And in case by 
 death or absence, there be not five of the said commissioners 
 in this province, that the Governor for the time being shall 
 nominate such person or persons as shall make the number of 
 the commissioners five, which shall have all the power given 
 the said commissioners in this Act, and shall so continue untii 
 the next meeting of the General Assembly of this province, 
 who shall then choose so many persons as shall make up the 
 full number of nine ; which persons so chosen by an ordinance 
 of a General Assembly, shall, and are hereby declared to, be 
 the commissioners and trustees required by this Act; and they 
 or any five of them, to have and execute all and singular the 
 powers given the commissioners above named by this Act. 
 
 " IX. And be it further enacted by the authority aforesaid, 
 that the commissioners above named, after having examined 
 the respective books belonging to the library aforesaid, if they 
 find any books wanting, shall summons such persons as have 
 the said books in their custody, to deliver the same in twenty 
 days after such notice in writing left with the persons, or their 
 places of abode; and in case any persons shall fail or refuse 
 to deliver the said respective books to the said commissioners, 
 or any five of them, that upon complaint being made by the 
 said commissioners, or any five of them, to the chief justices 
 of this province, for the time being, or any two justices of 
 the peace, against such persons refusing to deliver the said 
 books, that the said chief justices, or any two justices of the 
 peace, are hereby authorized, empowered and required, by 
 warrant of distress, directed to any of the constables of this 
 
SOUTH CAROLINA 447 
 
 province, to levy to the treble value of such respective book 
 or books, on the goods and chattels of the person or persons 
 so refusing the same, and to make sale of the same, rendering 
 the overplus to the owner; and for want of such distress, to 
 commit the persons to prison till satisfaction be made. 
 
 " X. And be it further enacted by the authority aforesaid, that 
 all persons that have borrowed or have in their custody any of 
 the books belonging to the Provincial Library aforesaid, shall, 
 on or before the first day of January next, return the same to 
 the present incumbent of Charlestown, upon the penalty of 
 the forfeiture of treble the value of each book not returned as 
 aforesaid, the better to enable the commissioners before named 
 to make a perfect catalogue of the books belonging to the 
 library aforesaid. 
 
 " Read three times, and ratified in open Assembly, November 
 16, 1700. 
 
 James Moore (L. S.), 
 John Wich (L. S.), 
 Edmd. Bellinger (L. S.), 
 Robert Gibbes (L. S.), 
 Henry Noble (L. S.).'" 
 
 Three years after the passage of this Act, Chief Justice Trott 
 informed the Lower House that Dr. Bray had sent sundry books 
 as a further addition to the public library, together with addi- 
 tional books for a layman's library. The chief justice was ac- 
 cordingly instructed to write and thank Dr. Bray for his gift.' 
 In May following the Receiver was instructed to pay ;^5 15 s. 
 for transcribing the catalogue of the library books.' 
 
 In the Church Acts of 1704 and 1706, a room was reserved 
 in the house of the rector of the Parish of St. Philips, Charles- 
 ton, for the use ofthe Provincial Library.* 
 
 '^The Statutes at large of South Carolina, VII, 13-16. Edited by Thomas 
 Cooper, M. D., LL. D. Columbia, 1837. 
 
 ^McCrad/s History, p. 353. *Jbid. ^Statutes, II, 237, 286. 
 
448 EDUCATION IN THE COLONIES 
 
 In 1 710, the legislature passed 
 
 " AN ACT FOR THE FOUNDING AND ERECTING OF A FREE SCHOOL, 
 FOR THE USE OF THE INHABITANTS OF SOUTH CAROLINA 
 
 " Whereas, it is necessary that a free school be erected for the 
 instruction of the youth of this province in grammar and other 
 arts and sciences and useful learning, and also in the principles 
 of the Christian religion ; and whereas several charitable and 
 well disposed Christians, by their last wills and testaments, 
 have given several sums of money for the founding of a free 
 school, but no person as yet is authorized to take the charge 
 and care of erecting a free school, according to the intent of 
 the donors, and to receive the said legacies, if tendered, nor to 
 demand the same, in case of refusal to pay the same ; so that 
 for want of some person or persons, or body politic and cor- 
 porate, proper for the lodging the said legacies therein, the 
 same are not applied according to the pious and charitable in- 
 tention of the testators or donors; 
 
 " I. Be it therefore enacted by his Excellency William Lord 
 Craven, Palatine, and the rest of the true and absolute Lords 
 and Proprietors of this province, by and with the advice and 
 consent of the rest of the members of the General Assembly, 
 now met at Charleston for the south west part of the province, 
 and by the authority of the same, That the Honorable Colonel 
 Edward Tynte, Esq., Governor, Colonel Thomas Broughton, 
 Esq., Landgrave Joseph Morton, Mr. William Gibbon, Colonel 
 George Logan, Richard Beresford, Esq., Arthur Middleton, 
 Esq., Capt. John Abraham Motte, Colonel Hugh Grange, 
 Ralph Izard, Esq., Lieut. Colonel Alexander Parris, Esq., 
 Capt. Lewis Pasquereau, Dr. Gideon Johnston, Dr. Francis 
 Lejau, Mr. Alexander Wood, and Nicholas Trott, Esq., or 
 any nine of them, and their successors, to be elected in man- 
 ner as hereafter is directed, be, and shall forever hereafter be 
 one body politic and corporate, in deed and in name, by the 
 name of the Commissioners for Founding, Erecting, Governing, 
 Ordering and Visiting a School for the Use of the Inhabitants of 
 
SOUTH CAROLINA 
 
 449 
 
 South Carolina ; and that they and their successors, by the same 
 name, by the authority aforesaid, be fully made, ordained, consti- 
 tuted and declared one body politic and corporate, in deed and 
 in name, and that by the same name they and their successors 
 by that name shall and may perpetual succession, and that they 
 and their successors by that name shall and may forever hereafter 
 be persons able and capable in law to purchase, have, take, re- 
 ceive and enjoy to them and their successors, land, messuages, 
 tenements, rents, liberties, privileges, jurisdictions, franchises, 
 and other hereditaments, whatsoever, of whatsoever nature, 
 kind, quality or value they be, in fee and in perpetuity; and 
 also estates for lives and for years, and all manner of goods, 
 chattels and things whatsoever, of what name, nature, quality 
 and value soever they be, for the better support and mainten- 
 ance of masters or teachers for the said school, and also for 
 the erecting of school houses and convenient dwelling houses 
 for the accommodation of the said several masters and teach- 
 ers. And that by the name aforesaid, they shall and may be 
 able to plead and be impleaded, answer and be answered unto, 
 defend and be defended in all courts and places whatsoever, 
 and before whatsoever judge or judges, justice or justices, or 
 other officer or officers belonging to this province, in all and 
 singular actions, plaints, pleas, matters and demands of what 
 kind, nature and quality soever they be. And to act and to 
 do all other matters and things in as ample manner and form 
 as any other the inhabitants of this province, being persons 
 capable in law, or any other body corporate or politic, by the 
 laws of England can or may have, purchase, receive, possess, 
 take, enjoy, grant, set, let, demise, plead and be impleaded, 
 answer and be answered unto, defend and be defended, do, 
 permit and execute. And that the said commissioners, and 
 their successors forever hereafter, shall and may have a com- 
 mon seal to serve for the causes and business of them and their 
 successors, to change, break, alter and make new the said seal, 
 from time to time, and at their pleasure, as they shall think best. 
 
450 EDUCATION IN THE COLONIES 
 
 " II. And for the better execution of the purpose aforesaid, 
 Be it further enacted by the authority aforesaid, that the said 
 commissioners and their successors forever, shall and may on 
 the second Tuesday in July, yearly meet at some convenient 
 place to be appointed by the president of the said Commis- 
 sioners, between the hours of eight in the morning and five in 
 the afternoon, and that they, or the major part of them that shall 
 then be present, shall choose one president and vice-president, 
 and such other officers, ministers and servants as shall be 
 thought convenient to serve in the said offices for the year en- 
 suing ; and that the said president and all officers then elected 
 shall, before they act in their respective offices, take an oath, 
 to be to them administered by the president, or in his absence, 
 by one of the vice-presidents of the year preceding, who are 
 hereby authorized to administer the same, for the faithful and 
 due execution of their respective offices and places during the 
 said year. 
 
 "III. And be it further enacted by the authority aforesaid, 
 that the first president of the said commissioners shall be the 
 Honorable Colonel Edward Tynte, Esq., Governor, and that 
 the said president shall within three days after the ratification 
 of this Act, cause summons to be issued to the several commis- 
 sioners herein particularly mentioned, to meet on the second 
 Tuesday of June next ensuing, at such place as he shall 
 appoint, and that they, or the major part of such of them as 
 shall then be present, shall proceed to the election of such 
 other officers, ministers and servants as to them shall seem 
 meet; which said officers, from the time of their election into 
 their respective offices, shall continue therein until the second 
 Tuesday in July which will be in the year of our Lord one 
 thousand seven hundred and eleven, and from thenceforward 
 until others shall be chosen in their places in manner aforesaid. 
 
 "IV. And be it enacted by the authority aforesaid, that if it 
 shall happen that any of the persons at any time chosen into 
 any of the said offices shall die, or on any account be removed 
 
so UTH CA R OLINA 
 
 451 
 
 from such office at any time between the said yearly days of 
 election, that, in such case, it shall be lawful for the surviving 
 and continuing president, or any of the vice-presidents, to 
 issue summons to the several members of the body corporate 
 to meet at the usual place of the annual meeting of the said 
 commissioners, at such time as shall be specified in the said 
 summons, and such members as shall meet upon such summons, 
 or the major part of them, shall and may choose an officer or 
 officers in the room of such person or persons so dead or 
 removed, as to them shall seem meet. 
 
 " V. And be it further enacted by the authority aforesaid, 
 that in case of death or removal from this province of any of 
 the said commissioners, that then it shall be lawful for the 
 president, or any one of the vice-presidents, to issue summons 
 to the several surviving commissioners to meet at the usual 
 place of the annual meeting of the said commissioners, at such 
 time as shall be specified in the said summons, and that such 
 members as shall meet upon such summons, or the major part 
 of them, shall or may choose a commissioner or commis- 
 sioners in the room or place of such person or persons, so dead 
 or removed, as to them shall seem meet. 
 
 " VI. And be it further enacted by the authority aforesaid, 
 that it shall and may be lawful for the said commissioners and 
 their successors to meet at some convenient place to be ap- 
 pointed for that purpose, on the second Tuesday in February 
 and July and oftener if occasion requires, upon public summons 
 given five days before, then and there to transact the business 
 of the said commissioners, and to put in force and execute the 
 several powers given them by this Act; and no act done in any 
 assembly of the said commissioners shall be effectual and valid 
 unless the president or one of the vice-presidents and eight mem- 
 bers of the said commissioners, at least, be present, and the 
 major part consenting thereunto. 
 
 " VII. And be it further enacted by the authority aforesaid, 
 that all gifts or legacies formerly given, for the use of a free 
 
452 EDUCATION IN THE COLONIES 
 
 school for this province, by any person or persons whatsoever, 
 are hereby appropriated for the use of the school intended to 
 be founded and erected, pursuant to the several powers granted 
 to the said comissioners by this Act ; and the said commission- 
 ers and their lawful successors are hereby authorized and im- 
 powered to demand and sue for the same, either by action of 
 debt, suit, bill, plaint or information, in any court of record in 
 this province, wherein no essoign, protection, privilege, injunc- 
 tion, or wager of law, or stay of prosecution by non vult ulte- 
 rius prosequi, or otherwise, shall be admitted or allowed. 
 
 "VIII. And be it further enacted by the authority aforesaid, 
 that if any action, claim, suit or information shall be com- 
 menced or prosecuted against any person or persons, for what 
 he or they shall do in pursuance or execution of this Act, such 
 person or persons so sued may plead the general issue not 
 guilty, and upon issue joined, give this Act and the special 
 matter in evidence ; and if the plaintiff or prosecutor shall be- 
 come non-suit, or suffer discontinuance, or if a verdict pass 
 against him, the defendant or defendants shall recover his or 
 their treble costs, for which he or they shall have the like 
 remedy as in any case by law is given to the defendants. And 
 a receipt signed by such person or persons as shall be lawfully 
 chosen and appointed treasurer to the said commissioners, 
 shall be a sufficient discharge to such executor or executors as 
 shall pay such legacies. And the moneys so received by such 
 treasurer, shall be disposed by order of the said commissioners 
 and their successors, towards the purchasing of lands and the 
 erecting of a school house and dwelling houses, for the use of 
 the several masters and professors. 
 
 " IX. And be it further enacted by the authority aforesaid, 
 that the said commissioners and their successors shall have 
 power, and they are hereby authorized and empowered, to 
 take up by grant from the Lords Proprietors, or purchase, 
 have, take and receive from any other person or persons 
 soever, so much land as they shall think necessary for the use 
 
SOUTH CAROLINA 
 
 453 
 
 and conveniency of the several masters and teachers ; and also 
 direct the building of a school house upon the same, and such 
 dwelling houses and convenient out-houses and buildings for 
 the accommodation of the several masters and teachers ; and 
 shall also nominate and appoint one or more persons to be 
 supervisor or supervisors for the said buildings. The said 
 several buildings to be on such places on the said land, so 
 taken up or purchased or received as aforesaid, and of such 
 dimensions and of such materials as the said commissioners 
 shall order and direct. 
 
 " X. And be it further enacted by the authority aforesaid, 
 that the said commissioners and their successors shall have 
 power, and lawful authority to nominate and appoint a fit per- 
 son to be master of the said school, by name and style of 
 Preceptor and Teacher of grammar and other arts and 
 sciences to be taught in the School for the Province of South 
 Carolina ; and so from time to time, when and as often as the 
 said place of master of the said school, by death, resignation, 
 deprivation, or otherwise, shall become void, shall nominate and 
 appoint a fit person to succeed to be master of the said school. 
 
 " XL And be it further enacted by the authority aforesaid, 
 that the person to be master of the said school, shall be of the 
 religion of the Church of England, and conform to the same, 
 and shall be capable to teach the learned languages, that is 
 to say, the Latin and Greek tongues, and also the useful parts 
 of the mathematics. 
 
 " XIL And be it further enacted by the authority aforesaid, 
 that these commissioners and their successors, shall have 
 power and authority, under their common seal, to set down 
 and prescribe such orders, rules, statutes, and ordinances for 
 the order, rule and good government of the said school, and of 
 the masters, teachers, ushers and scholars thereof, as to them 
 and their successors shall seem meet and convenient; and that 
 the same orders, rules, statutes and ordinances, so by them 
 made and set down, shall be and stand in full force and 
 
454 EDUCATION IN THE COLONIES 
 
 strength in law, so always that the same be reasonable, and 
 not repugnant nor contrary to the established laws of this 
 province. And the said commissioners for the time being 
 shall have full power and authority to visit the said school, 
 and to order, reform, and redress all disorders and abuses in 
 and touching the government of the same ; and further, to 
 censure, suspend and deprive any of the masters, teachers or 
 professors of the said school, or the usher or ushers thereof 
 for the time being, as to them shall seem just, fit and convenient. 
 " XIII. And be it further enacted by the authority aforesaid, 
 that the said master or teacher of the said school shall have, 
 hold, occupy, possess and enjoy, to him and his lawful succes- 
 sors, all such land as shall, pursuant to this Act, be taken up, 
 purchased, had or received for the use of the master of the 
 said school, and the school house, and dwelling house, and 
 the out-houses, and other buildings upon the same. 
 
 " XIV. And be it further enacted by the authority afore- 
 said, that in case the commissioners shall think it necessary 
 that there be an usher appointed for the said school, that then 
 the usher of the said school shall be chosen by the master, but 
 approved of by the said commissioners and their successors. 
 
 " XV. And because it is necessary that a fit person to teach 
 the youth of this province to write, and also the principles of 
 vulgar arithmetic and merchants' accounts, Be it therefore en- 
 acted by the authority aforesaid, that a fitting person shall be 
 nominated and appointed by the said commissioners, to teach 
 writing, arithmetic, and merchants' accounts. 
 
 " Read three times, and ratified in open Assembly this 
 eighth day of April, Anno Dom. 1710. 
 
 Edw. Tynte, 
 f. turberville, 
 Robert Gibbes, 
 Robert Daniell, 
 Tho. Broughton.'" 
 
 ^Ibid., II, 342-346. 
 
SOUTH CAROLINA 455 
 
 Two years later, further provision was made by the legisla- 
 ture for the colonial library under an Act entitled " An additional 
 Act to the several Acts relating to the establishment of relig- 
 ious worship in this province and now in force in the same, 
 and also to the Act for securing the Provincial Library at 
 Charlestown in Carolina." Governor Charles Craven, Arthur 
 Middleton, Charles Hart, Colonel George Logan and Colonel 
 Hugh Grange were nominated to fill the vacancies which had 
 occurred in the Library Commission through the decease of 
 its members, and the commission was empowered to fill its 
 own vacancies thenceforward. The commission was directed 
 to meet yearly on the third Wednesday of March and the third 
 Wednesday of October, at the same place where the church 
 commissioners were appointed to meet, and to choose a day to 
 inspect the library in accordance with law. Failure on the part 
 of a commissioner to meet at these appointed times involved 
 a forfeiture of 20 s., unless an excuse was submitted to and 
 accepted by the major part of the commissioners at a subse- 
 quent meeting. Sections 25 and 26 of this Act provide for a 
 restriction upon the circulation of the Provincial Library and 
 for the extension of the commissioners' control over certain 
 recently established parochial libraries. 
 
 " XXV. And whereas, by the said Act all the inhabitants of 
 this province, without any exception, may have liberty to bor- 
 row any book out of the Provincial Library, giving a receipt 
 for the same, which unrestrained liberty hath already proved 
 very prejudicial to the said library, several of the books being 
 lost and others damnified, and therefore, for the preservation 
 of the said library, it will be necessary to lodge a discretional 
 power in the person that keeps the same, to deny any person 
 the loan of any book that he shall think will not take care 
 of the same; Be it therefore enacted by the authority afore- 
 said, that in case any person shall desire to borrow any book 
 out of the said Provincial Library, which the keeper of the 
 said library hath just reason to think will not take care of the 
 
456 EDUCATION IN I^HE COLONIES 
 
 said book and return the same in time, that in such case the 
 said library keeper may refuse such person the loan of any 
 book; anything in the said Act for securing the library, to the 
 contrary hereof in any wise notwithstanding. 
 
 " XXVI. And whereas, there are several parochial libraries 
 belonging to the rectors or ministers of the several parishes in 
 this province, given for the use of them and their lawful suc- 
 cessors by the honorable Society for the Propagation of the 
 Gospel in Foreign Parts, and by the honorable Francis 
 Nicholson, Esq., and other charitable persons; for the better 
 preservation of the said libraries, Be it enacted by the author- 
 ity aforesaid, that the Commissioners for the Provincial 
 Library shall have power to authorize and empower any one 
 or more persons, as to them shall seem convenient, to make 
 catalogues of the books belonging to each of the said paroch- 
 ial libraries, and to dispose of the said catalogues as before 
 directed by the said Library Act, and also to impower any of 
 the said persons to visit the said libraries and to compare the 
 books with the catalogues and see that they are in good order, 
 and further to exercise all the powers and authorities given 
 by the said Library Act to the Commissioners of the Provin- 
 cial Library.'" 
 
 On the same day of the passage of this Act, an Act was also 
 passed entitled 
 
 "An Act for the Encouragement of Learning. 
 
 (One-half of a leaf of the original Act is torn off". What 
 remains is here copied.) 
 
 "Whereas, several sums of money have been given by well 
 disposed persons for building a free school, which cannot at 
 this time be done conveniently; to supply which defect for the 
 present, 
 
 " L Be it enacted, by his Excellency the Palatine, and the 
 rest of the true and absolute Lords Proprietors of Carolina, by 
 and with the advice and consent of the rest of the members of 
 ^Ibid., ir, 374-6. 
 
SOUTH CAROLINA 
 
 457 
 
 the General Assembly, now met at Charlestown for the south- 
 west part of the said province, and by the authority of the 
 same, that from and after the ratification of this Act, John 
 Douglas shall be and is hereby declared to be Master of a 
 Grammar School in Charlestown, for teaching the Greek and 
 Latin languages, and shall choose one usher to the said school, 
 who is empowered and required to assist the master aforesaid 
 in teaching the languages, reading, English, writing, arith- 
 metic or such other parts of the mathematics as he is capable 
 to teach. 
 
 * ^ * J(t * :J: 
 
 "III. And Whereas, Mr. Benjamin Dennis is sent over by 
 the recommendation of the honorable Society for the Propa- 
 gation of the Gospel in Foreign Parts,' to be a school-master 
 for the parish of St. James, Goose Creek, in which parish he 
 having been a considerable time to great satisfaction and ap- 
 probation of their inhabitants thereof, therefore worthy our 
 consideration, and whereas there cannot be sufficient provision 
 
 1 The Society for the Propagation of the Gospel in Foreign Parts was incor- 
 porated in lyoi through the efforts of Dr. Bray, Dr. Stanley, Bishop Compton, 
 Archbishop Tenison, etc. It was the natural outcome of the practice of the Es- 
 tablished Church of sending out ministers for the " charge and cure of souls " in 
 his Majesty's fleets and in the lands to which those fleets were bound. This 
 missionary work was supported by endowments and donations from the sover 
 eigns, nobility, gentry and clergy of England. The undertaking of the Society 
 was threefold — the care and instruction of the English settled in the colonies, 
 the conversion of the Indians and the conversion of the negroes. (^An Histor- 
 ical Account of the Incorporated Society for the Propagation of the Gospel in 
 Foreign Parts, pp. 22-23. David Humphreys, D. D., London, 1733.) The 
 missionaries sent by this Society to South Carolina " represented frequently 
 . . . the great want of schools in this Province, for the instruction of the 
 children in the principles of religion, and teaching convenient learning." (Hid., 
 p. 124.) Dr. Le Jeau had been sent as missionary by the Society for the Propa- 
 gation of the Gospel to the parish of Goosecreek in 1706, and while there he "did 
 very earnestly press the Society to allow a salary for a schoolmaster in his parish.'' 
 Mr. Dennis was consequently appointed schoolmaster there in 17 10. We are 
 told that " he had a good number of scholars for several years, till the Indian war 
 broke out, which dispersed the people and all his scholars." (/ifzi/., p. 124.) 
 
458 ^-D UCA riON IN THE COL ONIE S 
 
 made for the maintenance of the said Dennis in the parish, by 
 reason of the neglect of many of the said parishioners, which 
 for the future (if not prevented) will be a discouragement to 
 the honorable societies sending over such school- masters as 
 will be wanting in this province; to prevent which, and that 
 some encouragement may be given to the the said Dennis out 
 of the public treasury. Be it enacted by the authority afore- 
 said, that from and after the ratification of this Act the public 
 receiver for the time being shall pay unto the aforesaid Mr. 
 Benjamin Dennis a salary of sixteen pounds a year, which 
 salary shall be paid at four equal quarterly payments, and 
 shall continue to be paid during the space and term of three 
 years after the ratification of this Act. 
 
 " IV. Be it further enacted by the authority aforesaid, that 
 the aforementioned John Douglas, school master aforesaid, 
 shall take and receive for each scholar to whom is taught in 
 the school aforesaid the Greek and Latin tongues, the sum of 
 three pounds a year, and so a proportional sum for a longer or 
 shorter time ; and for every scholar to whom is taught Eng- 
 lish, writing, arithmetic or any other parts of the mathematics, 
 such a sum as shall be agreed upon betwixt the master afore- 
 said and the learner himself or any other in his behalf; and 
 that two-thirds of all money received from the scholars taught 
 in the school aforesaid, by the master and usher above men- 
 tioned, shall be for the proper use of the master, John Doug- 
 las, aforesaid, and the other third part for the use of the 
 usher. 
 
 " V. Be it likewise enacted by the authority aforesaid, that 
 if any person refuse or neglect to pay what he agreed to pay 
 to the school master above mentioned, either for being taught 
 or for having any other taught by his agreement or order, 
 such sum so neglected or refused to be paid shall be recovered 
 by the master aforesaid, after such manner as is directed 
 by one Act, entitled an Act for the trial of small and mean 
 causes. 
 
SOUTH CAROLINA 
 
 459 
 
 " VI. Be it further enacted by the authority aforesaid, that 
 in case of the death or surrender of the school master afore- 
 said, another shall be appointed in his place by order of the 
 General Assembly, and shall enjoy the salary and other bene- 
 fits allowed by this Act, as if he were therein expressly men- 
 tioned. 
 
 "VII. Be it further enacted by the authority aforesaid, that 
 the school master above mentioned, shall not be superseded or 
 divested of the place, salary and perquisites given unto him by 
 this Act, by any other authority whatsoever, unless by ordi- 
 nance of the General Assembly. 
 
 " VIII. Whereas, by an Act entitled an Act for erecting and 
 founding a free school, etc., there is no provision made for 
 choosing a president on the death, absence or resignation of 
 the president nominated in the said Act, and whereas. Colonel 
 Edward Tynte, the president nominated by the Act aforesaid, 
 is since deceased, by which means the surviving commission- 
 ers cannot proceed to transact the business of the said Act; 
 Be it therefore enacted, that the honorable Charles Craven 
 Esq., Governor, be and is hereby nominated and appointed 
 president to the said commissioners, and hereby declared to 
 have all the powers and authorities which by the said Act were 
 vested in Colonel Edward Tynte, aforesaid, as fully and to all 
 intents and purposes whatsoever, as if the said Charles Craven 
 was nominated president in the body of the said Act. 
 
 " IX. And be it further enacted, that if any of the said com- 
 missioners shall neglect to attend, being duly summoned as in 
 the said Act is directed, such commissioner or commissioners 
 shall forfeit ten shillings for every day that the commissioners 
 shall meet to transact the business of that Act, unless he or 
 they so neglecting to attend shall give the commissioners, or 
 the major part of them, such reasons as to them shall be satis- 
 factory ; and the forfeitures arising by the neglect of the said 
 commissioners to attend, shall be disposed of as the majority 
 of the commissioners then met shall order and appoint. 
 
-6q education in the colonies 
 
 " Read three times and ratified in open Assembly, the sev- 
 enth day of June, 1712. 
 
 Charles Craven, 
 
 Charles Hart, 
 Arthur Middleton, 
 Tho. Broughton, 
 Rich. Beresford, 
 Sam. Eveleigh.'" 
 In the following December the School Act of 1710 and the 
 foregoing Act for the encouragement of learning, were repealed, 
 and an Act for the founding and erecting of a free school in 
 Charleston, etc., was passed. With the exception of certain 
 administrative details this Act embodied all the provisions of 
 the Act of 1 7 10. 
 
 Governor Craven, Charles Hart, Thomas Broughton, Nich- 
 olas Trott, Arthur Middleton, Richard Beresford, William 
 Rhett, the Reverend Mr. Gideon Johnston, the Rev. Dr. 
 Francis Legau, Robert Maul, Ralph Izard, Landgrave Joseph 
 Morton, Col. George Logan, Col. Alexander Parris, Col. Hugh 
 Grange and William Gibbon, " or any seven of them," were 
 nominated school commissioners, and were directed to meet 
 together every March and October. At the first meeting of 
 the commission, the president, who, as in the former Act, was 
 the governor of the province was to be sworn in to the faithful 
 and due discharge of his trust, and this oath was to be admin- 
 istered to him by the chief justice, or, in his absence, by any 
 two of the commissioners ; the president was then to administer 
 a similar oath to the other officers that might be elected by the 
 commissioners. The president or one of the vice-presidents, 
 and six commissioners instead of eight, as provided in the pre- 
 vious Act, were to constitute a quorum. A fine of 10 s. was 
 imposed for every day's absence from a meeting of the com- 
 mission, unless reasons for such absence were found satisfac- 
 tory by a majority of the commissioners. The Act appointed 
 i/iiV., II, 376-378. 
 
SOUTH CAROLINA 461 
 
 Mr. John Douglass the first master of the school, and directed 
 that all future school masters should not only conform to the 
 Church of England, as was provided in the Act of 17 10, but 
 should also " catechise and instruct the youth in the principles 
 of the Christian religion," as professed by that church. Sec- 
 tions 14 to 32 of this Act contain additional educational pro- 
 visions. 
 
 " XIV. And for an encouragement to all charitable and 
 well disposed persons to contribute liberally towards the 
 erecting and founding of the said school or academy. Be it 
 further enacted by the authority aforesaid, that any person or 
 persons that within seven years after the ratification of this Act, 
 will contribute twenty pounds, current money of this province, 
 towards the erecting and founding of the said school, and will 
 pay the same to the treasurer appointed by the said commis- 
 sioners, that he or they shall have power to nominate any one 
 person to be taught free in the said school for the space of five 
 years after such gift, provided the person nominated by him 
 or them shall so long live, but in case of the death of the per- 
 son so nominated to be taught free, then that privilege to 
 cease, and not another person to be nominated in his room or 
 place ; and so proportionably for so many twenty pounds as 
 any person will give, so many persons to be taught free for 
 five years, as aforesaid, provided the number of scholars so in 
 the whole to be taught free, do not exceed the number ot 
 twenty. 
 
 " XV. And be it further enacted by the authority aforesaid, 
 that the school master shall have, hold, occupy, possess and 
 enjoy to him and his lawful successors, all such land as shall, 
 pursuant to this Act, be taken up, purchased, had or received 
 for the use of a school master of the said school, and the 
 school house, and dwelling houses, and the out houses and 
 other buildings upon the same; and also, as a further encour- 
 agement unto him, shall have and receive out of the public 
 treasury of this province, the full sum of one hundred pounds 
 
.Q2 EDUCATION IN THE COLONIES 
 
 per annum, to be paid him half yearly, and the public receiver 
 for the time being is hereby authorized, required and com- 
 manded punctually to pay the same out of the public treasury. 
 
 " XVI. And be it further enacted by the authority aforesaid, 
 that in consideration of the said school master being allowed 
 the use of the lands, dwelling house and other buildings upon 
 the same land, and also the yearly salary of one hundred 
 pounds per annum, he shall teach freely, and without any man- 
 ner of fee or reward whatsoever, over and above the number 
 of free scholars to be appointed by each person contributing 
 twenty pounds as aforesaid, any number of scholars not exceed- 
 ing twelve, the same scholars to be taught free, to be nomin- 
 ated and appointed by the above named commissioners and 
 their lawful successors. 
 
 " XVII. And be it further enacted by the authority afore- 
 said, that for every scholar the said master shall teach, besides 
 those who by this Act are appointed to be taught free, he shall 
 be allowed at the rate of four pounds per annum, current 
 money of this province, to be paid him by the parent or guar- 
 dian of such scholar. 
 
 " XVIII. And be it further enacted by the authority afore- 
 said, that in case the said school master shall have more 
 scholars in his said school than any one man can well manage, 
 then and in such case, the said commissioners, or the major 
 part of them that shall meet, shall order and appoint a fit per- 
 son to be usher of the said school, and for his encouragement 
 shall be allowed by order of the said commissioners and their 
 successors, not exceeding fifty pounds per annum, to be paid 
 him half yearly out of the public treasury of this province, . . . 
 and over and above that, shall be allowed for every scholar 
 that is under his charge (excepting those that by this Act are 
 appointed to be taught free) at the rate of thirty shillings per 
 annum, which sum of thirty shillings shall be allowed out of 
 the four pounds per annum before directed to be paid for each 
 scholar that is not taught free ; and in case any dispute or dif- 
 
SOUTH CAROLINA 
 
 463 
 
 ference shall arise between the master and the usher, what 
 scholars shall belong to the more immediate charge of the 
 master and which to the usher, that the same shall be decided 
 by the commissioners and their successors. 
 
 " XIX. And because it is necessary to give encouragement to 
 a fit person that will undertake to teach the youth of this prov- 
 ince to write, and also the principles of vulgar arithmetic and 
 merchants' accounts ; Be it further enacted by the authority 
 aforesaid, that a fit person shall be nominated and appointed by 
 the said commissioners, to teach writing, arithmetic, and mer- 
 chants' accounts, and also the art of navigation and surveying, 
 and other useful and practical parts of mathematics, and for his 
 encouragement shall be allowed by order of the said commis- 
 sioners and their successors, not exceeding fifty pounds per 
 annum, to be paid him half yearly, out of the public treasury 
 of this province, . . . and in consideration of the said yearly 
 salary to be paid him, he shall be obliged to teach free all such 
 persons as by this Act are appointed to have their learning free, 
 and for other scholars that are not to be taught free, he shall be 
 allowed for teaching them writing, at the rate of thirty shillings 
 per annum, if writing and arithmetic, forty shillings, if mer- 
 chants' accounts, fifty shillings per annum, and if the mathe- 
 matics, at such rate as he shall agree with the several parents 
 and guardians of the said children, not exceeding six pounds 
 per annum. 
 
 " XX. And be it further enacted by the authority aforesaid, 
 that as to the public salaries appointed by this Act to be paid 
 out of the public treasury of this province, the public receiver 
 for the time being is hereby authorized, required and com- 
 manded to pay the same out of the remaing part of the moneys 
 received for the duties upon skins and furs, after payment of 
 the ministers' salaries appointed by the Act of Assembly of 
 this province commonly called the Church Act, and also of the 
 parochial charges, and all other charges and sums of money 
 that are appointed to be paid by one Act of Assembly of this 
 
464 HDUCATION IN THE COLONIES 
 
 province, entitled a further Additional Act to an Act entitled 
 an Act for the establishment of religious worship in this prov- 
 ince, according to the Church of England, and for erecting of 
 churches for the public worship of God, and also for the main- 
 tenance of ministers, and the building convenient houses for 
 them, ratified in open Assembly the eighth day of April, one 
 thousand, seven hundred and ten ; and also all the moneys ap- 
 pointed to be paid by one other Act of Assembly of this 
 province, entitled an Additional Act to the several Acts relat- 
 ing to the establishment of religious worship in the province, 
 and now in force in the same, and also to the Act for securing 
 the Provincial Library at Charlestown, in Carolina, ratified in 
 open Assembly the seventh day of June, one thousand, seven 
 hundred and twelve ; and the remaining part of the moneys re- 
 ceived upon the duties on skins and furs, after the payments 
 above mentioned being deducted, is hereby appropriated to the 
 payments of the several salaries appointed by this Act to be 
 paid .... And in case the remaining part of the moneys re- 
 ceived out of the said duties upon skins and furs, after the de- 
 duction aforesaid, shall not be sufficient to discharge the sev- 
 eral salaries appointed to be paid by this Act, that in such case, 
 what is wanting to discharge the same, the said public receiver 
 for the time being is hereby strictly charged and required to 
 pay what is wanting to discharge the same, out of the public 
 treasury. 
 
 " XXI. And as a further and more general encouragement 
 for the instructing of the youth of this province in useful and 
 necessary learning; Be it enacted by the authority aforesaid, 
 that as soon as a school master is settled in any other, or all 
 the rest of the parishes of this province, and approved by the 
 vestry of such parish or parishes, such school master so ap- 
 proved, from time to time, shall receive the sum of ten pounds 
 per annum, out of the public treasury, by quarterly payments, 
 and the public receiver is hereby required to pay the same. 
 
 " XXII. And be it further enacted, that the vestry of each 
 
SOUTH CAROLINA 465 
 
 parish in this province shall have power, and they are hereby 
 empowered, to appoint a place where the parish school shall be 
 built, and shall draw upon the pubHc receiver towards building 
 the same, the sum of twelve pounds current money, and the 
 public receiver is hereby required to pay the same accord- 
 ingly.'" 
 
 In 17 19 the people of South Carolina rebelled against the 
 proprietary rule, the proprietary charter was forfeited to the 
 Crown and Carolina became a royal province. During the 
 administration of Francis Nicholson, royal Governor from 
 1 72 1 to 1724, two educational Acts were passed by the legis- 
 lature. 
 
 In 1722, under an Act additional to an Act entitled " An Act 
 for Establishing County and Precinct Courts" the justices of 
 these courts were authorized to purchase lands, erect a free 
 school in each county and precinct, and to assess the expense 
 upon the lands and slaves within their respective jurisdictions. 
 They were to appoint masters who were to be "well skilled in 
 the Latin tongue," and who were to be allowed £■2^^ proclama- 
 tion money per annum. Ten poor children were to be taught 
 gratis yearly, if sent by the justices.' 
 
 In 1724 an Act was passed " for founding and erecting, gov- 
 erning, ordering and visiting a free school at the town of Dor- 
 chester, in the parish of St. George, in Berkeley County, for 
 
 i/i^v., II, 389-396. 
 
 'The title only of this Act is given in Cooper's Statutes. The above abstract is 
 given by McCrady in his Education in South Carolina, p. 10, from the text 
 of the Act in Trott's Laws of South Carolina (p. 898), a work inaccessible to the 
 writer. 
 
 Ten days prior to the passage of this Act an Act was passed giving certain 
 powers to the general court at Charles City which were allowed to the county 
 and precinct courts. Section IV gave " full power to this general court to sue 
 for all legacies, gifts and donations given to free schools and other public uses 
 within the jurisdiction." The Public Laws of the State of South Carolina, p. 
 120. John F. Grimke, Philadelphia, 1790. 
 
^66 EDUCATION IN THE COLONIES 
 
 the use of the inhabitants of the province of South Carolina."' 
 The text of this Act is lost and its content can only be inferred 
 from the following Act which bears the same title and which 
 was passed ten years later by the legislature. 
 
 " Whereas, by the blessing of almighty God, the youth of 
 this province are become very numerous, and their parents 
 so well inclined to have them instructed in grammar, and 
 other liberal arts and sciences, and other useful learning, 
 and also in the principles of the Christian religion, that the 
 free school erected, authorized and established in Charlestown 
 for this purpose, is not sufficient fully to answer the good 
 intent of such an undertaking: And whereas, several of the 
 inhabitants of this province who have a numerous issue, and 
 live at such a distance from the said free school now established 
 in Charlestown, that their circumstances may not be sufficient 
 to permit them to send their children thither to be educated, 
 whereby they may be deprived of so great a benefit ; and it 
 therefore appearing necessary that one or more schools be 
 founded and erected in other part or parts of this province as 
 shall be most convenient for the carrying on so laudable a 
 design, we therefore most humbly pray your most sacred 
 Majesty that it may be enacted, 
 
 " I. And be it enacted, by his Excellency Robert Johnson, 
 Esq. Governor of this his Majesty's Province of South Caro- 
 lina, by and with the consent and advice of his Majesty's Hon- 
 orable Council and Assembly of this Province, and by the 
 authority of the same, that the Honorable Alexander Skene, 
 Thomas Waring, Joseph Blake, Arthur Middleton, Ralph 
 Izard, Robert Wright, Paul Jenys, Walter Izard, Benjamin 
 Waring, Esqrs. the Rev. Francis Vernod, Walter Cattell and 
 
 • Statutes, III, 236. A Congregational Church from Dorchester, Massachu- 
 setts, settled in 1696 on the Ashley River about 20 miles from Charlestown and 
 remained at this place which they called Dorchester, as a distinct settlement, 
 until 1752 when they removed to Medway, Georgia. See McGrady's History 
 of South Carolina under the Proprietary Government, pp. 326-7. 
 
SOUTH CAROLINA 467 
 
 John Williams, Esqrs. and their successors to be elected as 
 hereinafter directed, be and shall forever hereafter be one body 
 politic and corporate in deed and in name, by the name of the 
 Commissioners for the founding, erecting, governing, ordering 
 and visiting a Free School at the town of Dorchester, in the 
 Parish of St. George, in Berkley County, for the use of the 
 inhabitants of South Carolina ; and that they and their suc- 
 cessors by the same name, by the authority aforesaid, be fully 
 made, ordained, constituted and declared one body politic and 
 corporate in deed and in name ; and that by the same name, 
 they and their successors shall and may have perpetual suc- 
 cession ; and that they and their successors by that name, shall 
 and may forever hereafter be persons able and capable in law 
 to purchase, have, take, receive and enjoy to them and their 
 successors, lands, messuages, tenements, rents, liberties, privi- 
 leges, jurisdictions, franchises, and other hereditaments of 
 whatsoever nature, kind, quality or value they be, in fee, and in 
 perpetuity, and also estates for lives and for years, and all other 
 manner of goods, chattels and things whatsoever, of what 
 name, nature, value or quality soever they be, for the better 
 maintenance and support of masters or teachers for the said 
 school ; and also for the erecting of school houses and con- 
 venient dwelling houses for the accommodation of the said 
 school masters and teachers ; and that by the name aforesaid 
 they shall and may be able to plead and be impleaded, answer 
 and be answered unto, and to defend and be defended in all 
 courts and places whatsoever, and before whatsoever judge or 
 judges, justice or justices, or other officer or officers belonging 
 to this province, in all and singular actions, plaints, pleas, 
 matters and demands, of what nature, kind, or quality soever 
 may be, and to act and do all other matters and things in as 
 ample manner and form as any other the inhabitants of this 
 province being persons able and capable in law, as any other 
 body politic or corporate, by the laws of England can or may 
 have, purchase, receive, possess, take, enjoy, set, let, demise, 
 
468 EDUCATION IN THE COLONIES 
 
 plead and be impleaded, answer and be answered unto, defend 
 and be defended, do, permit and execute ; and that the said 
 commissioners and their successors forever hereafter, shall and 
 may have a common seal to serve for the causes and business 
 of them and their successors, and to change, break, alter and 
 make new the said seal from time to time, and at their pleasure 
 as they shall think best ; and the said commissioners shall 
 take the State oaths, and an oath for the faithful execution of 
 their offices. 
 
 " II. And for the better execution of the purposes aforesaid, 
 Be it further enacted by the authority aforesaid, that the said 
 commissioners and their successors forever, shall and may 
 yearly on St. George's Day, being the three and twentieth day 
 of April (unless it shall be on Sunday, and then on the Mon- 
 day following) meet at some convenient place to be appointed 
 by the president of the said commissioners, for the time being, 
 between the hours of nine and twelve in the morning of the 
 same day, and that they, or any three of them that shall be 
 then present, shall choose a president for the year ensuing, 
 and that such president shall (before he acts in his said office) 
 take the State oaths, to be administered to him by any one 
 justice of the peace, who is hereby authorized and empowered 
 to administer the same, as also an oath for the faithful and due 
 execution of his office and place during the said year, and 
 until discharged of the same. 
 
 " III. And be it further enacted by the authority aforesaid, 
 that the president of the said commissioners shall be the Hon. 
 Alexander Skene, Esq., and that the said president shall, 
 within forty days after the ratification of this Act, cause sum- 
 mons to be issued to the several commissioners hereinbefore 
 particularly mentioned, to meet on such a day, and at such a 
 place as he shall appoint ; and the said president is hereby em- 
 powered, then and there to administer to the said commis- 
 sioners the State oaths, as also an oath for the due execution 
 of their offices ; and that they, or the major part of them as 
 
SOUTH CAROLINA 
 
 469 
 
 shall be then present, shall proceed to the election of such 
 officers, ministers and servants as shall be thought convenient, 
 to serve for the year ensuing ; and that each of such officers, 
 ministers and servants as shall be then elected, shall take the 
 State oaths, and an oath to be to them administered by the 
 president of the said commissioners, for the faithful and due 
 execution of their respective offices and places until duly dis- 
 charged of the same. 
 
 " IV. And be it further enacted by the authority aforesaid, 
 that if any of the persons at any time chosen into any of the 
 said offices shall die, resign, or any account be removed from 
 such offices, at any time between such yearly days of election, 
 that in such case it shall and may be lawful for the president 
 for the time being, to issue summons to the other commission- 
 ers to meet at the usual place of annual meeting, at such time 
 as shall be specified in the said summons, and such commis- 
 sioners as shall meet upon such summons (provided not less 
 than five in the whole), or the major part of them, shall and may 
 choose an officer or officers, in the room or place of such per- 
 son or persons so dead or removed, as to them shall seem 
 meet. 
 
 " V. And be it further enacted by the authority aforesaid, that 
 in case of the death, resignation or removal from this province 
 of any of the said commissioners, that then it shall be lawful 
 for the president, for the time being, to issue out his summons 
 to the several surviving and remaining commissioners, to meet 
 at the usual place of the annual meeting of the said commis- 
 sioners, at such time as shall be specified in the said summons ; 
 and that such members as shall meet upon any summons, 
 (provided not less than five in the whole) or the major part of 
 them, shall or may choose a new commissioner or commis- 
 sioners, in the room or place of such person or persons so dead 
 or removed, as to them shall seem meet. 
 
 " VI. And be it further enacted by the authority aforesaid, 
 that in case of the death, resignation or removal from this 
 
470 EDUCATION IN THE COLONIES 
 
 province of the president, any five or more of the commissioners 
 shall meet and choose another president for the remaining 
 part of the year, who shall have and enjoy all the powers and 
 authorities given and granted to the president by this Act ap- 
 pointed. 
 
 "VII. And be it further enacted by the authority aforesaid, 
 that it shall and may be lawful for the said commissioners and 
 their successors, to meet at some convenient place in the said 
 parish, to be appointed for that purpose, on the twenty-third 
 day of April, being St. George's day, or oftener if occasion 
 require, upon public summons given ten days before, then and 
 there to transact the business of the said commissioners, and 
 to put in force and execute the several powers given them by 
 this Act ; and no Act done in any assembly of the said commis- 
 sioners, shall be effectual and valid, unless the president and 
 four members of the said commissioners at least be present, 
 and the major part consenting thereunto. 
 
 "VIII. And be it further enacted by the authority aforesaid, 
 that if any of the said commissioners shall neglect to attend, 
 being duly summoned, as in this Act is directed, such commis- 
 sioner or commissioners shall forfeit ten shillings for every day 
 that the commissioners shall meet to transact the business of 
 this Act, unless he or they so neglecting to attend, shall give 
 the commissioners, or the major part of them, such reasons as 
 to them shall be satisfactory; and the forfeitures arising by the 
 neglect of the said commissioners to attend, shall be disposed 
 of as the majority of the commissioners then met shall order 
 and appoint. 
 
 "IX. And be it further enacted by the authority aforesaid, 
 that all gifts, legacies and voluntary subscriptions that shall or 
 may hereafter be given or subscribed to or for the use of the 
 free school by this present Act established, by any person or 
 persons, are hereby appropriated to and for the sole use and 
 benefit of the said school; and the several commissioners 
 appointed by this Act, and their lawful successors, are hereby 
 
SOUTH CAROLINA 
 
 An 
 
 authorized and empowered to demand and sue for the same 
 in the courts of this province or elsewhere, by all such lawful 
 ways and means for the recovery and obtaining of the same, as 
 they might or could do if the said gifts, legacies and subscrip- 
 tions had been given to them expressly by name, and a receipt 
 signed by such person or persons as shall be appointed 
 treasurer to the said commissioners, shall be a sufficient dis- 
 charge to such executor or executors as shall pay such lega- 
 cies and subscriptions; and the money so received by such 
 treasurer, shall be disposed of by order of the said commis- 
 sioners and their successors, for the use and benefit of the 
 school by this Act intended to be established, in such manner 
 as the majority of them shall think most proper and conven- 
 ient. 
 
 " X. And be it further enacted by the authority aforesaid, 
 that the said commissioners and their successors, shall have 
 power, and they are hereby authorized and empowered, to take 
 up by grant from his Majesty, or purchase, have, take and re- 
 ceive from any other person or persons whatsoever, so much 
 land as they shall think necessary and convenient for the mas- 
 ters and teachers of the school hereby intended to be estab- 
 lished, and shall direct the building of such houses as may be 
 necessary to be erected thereon for their accommodation ; the 
 said buildings to be in such places on the said lands so taken 
 up or purchased as aforesaid, and of such dimensions and ma- 
 terial as the said commissioners shall order and appoint. 
 
 " XL And be it further enacted by the authority aforesaid, 
 that the master of the said school shall be capable to teach the 
 learned languages, Latin and Greek tongues, and to catechise 
 and instruct the youth in the principles of the Christian relig- 
 ion. 
 
 " XII. And be it further enacted by the authority aforesaid, 
 that the said commissioners and their successors, shall have 
 power and authority under their common seal, to set down 
 and prescribe such orders, rules, statutes and ordinances for the 
 
472 EDUCATIO!^ IN THE COLONIES 
 
 order, rule, Igood government and management of the said 
 school, and for the master or teacher and scholars thereof, as to 
 them and their successors, from time to time shall seem meet 
 and convenient ; and that the same orders, rules, statutes and 
 ordinances so by them made and set down, shall be and stand 
 in full force and virtue in law ; Provided always that the same 
 be reasonable and fit, and not repugnant or contrary to the 
 established laws of this province ; and the said commissioners 
 for the time being, shall have full power and authority to visit 
 the said school, and to order, reform and redress all disorders 
 and abuses in and touching the government of the same ; and 
 further to censure, suspend and deprive any of the masters, 
 ushers or teachers of the said school, as to them shall seem 
 just, fitting and convenient. 
 
 " XIII. And be it further enacted by the authority aforesaid, 
 that if any action, claim, suit or information, shall be com- 
 menced or prosecuted against any person or persons, for what 
 he or they shall do in pursuance or execution of this Act, such 
 person or persons so sued, may plead the general issue, not 
 guilty, and upon issue joined, give this Act and the special 
 matter in evidence ; and if the plaintiff or prosecutor shall be- 
 come nonsuit or suffer discontinuance, or if a verdict pass 
 against him, the defendant or defendants shall recover his or 
 their treble costs, for which he or they shall have the like 
 remedy as in any case where costs by law are given to the 
 defendant. 
 
 " Paul Jenys, Speaker. 
 
 " In the Council Chamber, 9th April, 1734. 
 
 " Assented to : Robt. Johnson." ^ 
 
 Later on in the century the attention of the legislature 
 was again directed to this school. An Act in 1756 re- 
 cites that all the original commissioners were dead and 
 that no successors had been appointed. Accordingly, the 
 rector of St. George's Parish for the time being and Henry 
 
 >7<5,V., Ill, 378-383. 
 
SOUTH CAROLINA ^y, 
 
 Middleton, Walter Izard, Ralph Izard, Daniel Blake, John 
 Ainslie, Benjamin Waring, Richard Waring, and Joseph 
 Waring are appointed commissioners. Oaths of office are to 
 be administered by any two of the commissioners. If the 
 commissioners refuse to fill vacancies in their body within six 
 months after such vacancy occurs, the vestry and church 
 wardens of the parish are directed to choose a new commis- 
 sioner or commissioners. In addition to the use of the school 
 house, dwelling house, out-houses and other buildings, the 
 schoolmaster is to be paid half yearly £2^, proclamation 
 money out of the church fund in the colony treasury and in 
 return the schoolmaster, ushers and teachers are to instruct 
 gratis ten poor scholars, " and as many more as the president 
 and any four of the . . commissioners shall from time to 
 
 time, according as the public or school salaries may or shall be 
 hereafter increased, approve of and judge fit to nominate and ap- 
 point'" On May 21, 1757, an Act was passed for " supplying 
 the defects in the execution " of the Act of the preceding year. 
 This Act states that " through sickness and other unavoidable 
 accident" the commissioners named in the Act of 1756 did not 
 meet at the appointed time and place and that, consequently, 
 doubts had arisen concerning the lawfulness of any other 
 meeting. It was accordingly enacted that if the requisite num- 
 ber of commissioners did not meet at the regularly appointed 
 time, that the meeting might be adjourned from day to day 
 until a quorum was finally obtained.^ 
 In 1733 the legislature passed 
 
 " AN ACT FOR ERECTING A FREE SCHOOL AT CHILDSBURY. 
 
 " Whereas, nothing conduces more to the private advantage 
 of every man, or the public benefit of a country in general than 
 a liberal education, and the same cannot be had without due 
 encouragement to persons qualified to instruct youth ; and Mr. 
 James Child, late of this province, deceased, desiring as far as 
 
 > Ibid., IV, 23-24. 2 Ibid., IV, 41-42. 
 
474 EDUCATION IN THE COLONIES 
 
 lay in his power to promote the same, did in and by his last 
 will and testament, give and bequeath the sum of five hundred 
 pounds current money of Carolina, towards the encouragement 
 of a grammar school and other learning at Childsbury in St. 
 John's Parish, in Berkley County; and also did further give, 
 devise and bequeath the sum of one hundred pounds like 
 money, and a lot to build a convenient house for the said 
 school, and left the same to certain trustees in his said will 
 named, to manage the same according to the directions of his 
 will ; and the said sums being far too short for the said purposes, 
 several gentlemen, well weighing the great want of necessary 
 learning in this province, and being desirous to encourage so 
 good an undertaking, (according to their several abilities,) 
 have by voluntary subscription raised the sum of two thousand, 
 two hundred pounds like current money, to be added to the 
 legacy of the said James Child, and have also chosen trustees 
 to be joined with those named in the said Mr. James Child's 
 will, to manage the said sums for the use of the said school, 
 and as visitors to order, direct and govern the said school ; we 
 therefore humbly pray your most sacred Majesty that it may 
 be enacted. 
 
 " I. And be it enacted, by his Excellency, Robert Johnson^ 
 Esq., Governor, by and with the advice and consent of his 
 Majesty's honorable Council and the Commons House of As- 
 .<:embly of this province, and by the authority of the same, 
 that the said several sums given and bequeathed in and by the 
 last will and testament of the said James Child, for the use of 
 the said school, and the several sums raised by subscription for 
 the same use, be for the future united and declared to be one 
 individual fund for the purpose aforesaid, and that the same 
 shall not be applied or diverted to any other use or uses what- 
 soever. 
 
 " II. And be it further enacted by the authority aforesaid, 
 that the Hon. Thomas Broughton, Esq., Lieut. Governor, the 
 Rev. Mr. Thomas Hassell, Anthony Bonneau, John Harleston, 
 
SOUTH CAROLINA 
 
 An 
 
 Nathaniel Broughton, Thomas Cordes and Francis Lejau, 
 Esquires, shall be trustees for the said school, and that they 
 shall have full power and authority to manage the several leg- 
 acies and subscriptions already given and made, and which 
 shall from time to time hereafter be made, devised or given 
 for the use of the said school, according to their discretion. 
 
 " III. And be it enacted by the authority aforesaid, that they 
 or the majority of them, shall have full power and authority 
 to elect a master or masters, usher or ushers, and appropriate 
 such a sum or sums for a salary or salaries out of the income 
 of the said fund, as they shall think proper; and also the said 
 master or masters, usher or ushers, to turn out and others to 
 elect ; and to make such rules for the better ordering and gov- 
 erning the said school, as they or a majority of them shall in 
 their discretion think necessary. 
 
 " IV. And be it further enacted by the authority aforesaid, 
 that the trustees are hereby empowered to receive from time to 
 time, such sum or sums of money, houses, lands, tenements, 
 or any other gifts or legacies, as any well disposed persons 
 shall think fit to give or bequeath unto them for the use of the 
 said school, and to build such house or houses as they shall 
 think necessary and convenient. 
 
 " V. And be it further enacted by the authority aforesaid, 
 that no person shall be a trustee, except he hath subscribed 
 an hundred pounds, and no person shall have a vote in electing 
 trustees, except he hath subscribed fifty pounds for the use of 
 the said school ; and that after the death of any of the sub- 
 scribers, their heirs or assigns by them appointed, shall have 
 the same privileges as the subscribers themselves had, or of 
 right ought to have. 
 
 "VI. And be it further enacted by the authority aforesaid, 
 that upon the death or resignation of any of the trustees, the 
 survivors of them shall give notice to the subscribers, or to 
 the heirs or assigns of such of the subscribers as shall be 
 dead, within three months to meet at Childsbury, at a certain 
 
4^6 EDUCATION JN THE COLONIES 
 
 day, to elect another trustee in the place of the person de- 
 ceased. 
 
 " VII. And be it further enacted by the authority aforesaid, 
 that the trustees or the majority of them, be obliged to meet 
 at Childsbury once in three months at least, to consider of all 
 things for the benefit of the said school, and that if any of 
 them omit meeting for the space of one whole year without a 
 reasonable excuse, to be approved of by the rest of the trus- 
 tees or the majority of them, that then it shall be lawful for 
 them to declare his place to be vacant; and in such case, they 
 shall give notice to the subscribers to meet and elect another 
 trustee in his room, as in case of death or resignation; and if 
 the trustees shall neglect or refuse to summon the subscribers 
 to meet within the time aforesaid to elect a trustee or trustees, 
 that then the subscribers may meet and elect a trustee or trus- 
 tees, of their own accord, and the said person or persons so 
 elected, shall be deemed to be a trustee or trustees, and have 
 the same power and authority to act jointly with the others as 
 those named in this Act. 
 
 "VIII. And whereas, Francis Williams, late of Berkley 
 County, deceased, did in and by his last will and testament 
 empower his executors to dispose of such sums as were re- 
 maining of his estate, to such charitable uses as they thought 
 fit ; his said executors have given the sum of two hundred 
 pounds to the said school. Be it enacted by the authority afore- 
 said, that the interest of the said sum be appropriated to the 
 teaching so many poor scholars as the trustees shall think 
 proper. 
 
 " IX. And be it further enacted by the authority aforesaid, 
 that if any charitable person or persons, shall hereafter sub- 
 scribe any sum or sums of money to the said school, or give 
 the same by will, he or they so subscribing or giving (or their 
 assigns by them appointed) shall have the same privileges as 
 those who have already subscribed, subject, nevertheless, to 
 the exceptions in this Act mentioned. 
 
SOUTH CAROLINA 
 
 477 
 
 "X. And be it further enacted by the authority aforesaid, 
 that the trustees above mentioned and their successors, are 
 hereby empowered to lend the said moneys out at interest, and 
 to take bonds or notes, or any other instruments of writing, 
 and to purchase lands and let them out by the year or lease 
 them for a term of years; and the said bonds, notes and other 
 instruments of writing, shall be in the name of themselves and 
 their successors, for the use of the said school ; and they are 
 hereby empowered to demand and sue for any rents, legacies, 
 notes, bonds or any other moneys that are or shall hereafter 
 become due unto them, and to take possession of any houses, 
 lands or tenements which shall be given or bequeathed to them 
 for the use of the said school. 
 
 " Paul Jenys, Speaker. 
 
 " In the Council Chamber, 9th June, 1733. 
 
 "Assented to: Robt. Johnson.'" 
 
 In 1740, the legislature passed two Acts " to encourage the 
 better settling and improvement of Beaufort Town, on Port 
 Royal Island, in Granville County." Both Acts provided that 
 every person who obtained grants for lots in this town and who 
 failed to build houses on them according to certain specifica- 
 tions within three years should pay an annual fine of two 
 pounds proclamation money until the co nditions were fulfilled. 
 These forfeitures were to be paid to seven or less commis- 
 sioners who were to be discreet and fit persons nominated by 
 the governor of the province for the time being, under the 
 name of Commissioners of the Free School at Beaufort. And 
 this school was to be established by the commissioners for the 
 education of poor children.' 
 
 During the last three decades of the colonial period, the 
 Assembly of South Carolina passed several private Acts incor- 
 porating various educational agencies. The Charlestown 
 Library Society was incorporated in 1754.* The Winyan 
 
 1 Ibid., Ill, 364-366. ^ Ibid., Ill, 574-6. 
 
 ' The History of South Carolina, II, 378. David Ramsay, M. D., Charleston, 
 1809. 
 
478 EDUCATION IN THE COLONIES 
 
 Indigo Society was incorporated in 1756 for the improvement 
 of the culture and manufacture of indigo and the endowment 
 of a free school.' The Fellowship Society, which appropriated 
 one-half of its funds to the care of the insane and the other 
 half to the education of poor children, was incorporated in 
 1769.' 
 
 During the colonial period no provision was made in South 
 Carolina for collegiate education, although certain attempts 
 were made to interest the government in its behalf In 1723 
 the Rev. Thomas Morrit, who had been " fixed " as school- 
 master at Charlestown by the Society for the Propagation of 
 the Gospel, presented a plan to the Lower House for the found- 
 ing of a college.' Again in 1769, an elaborate bill was drawn 
 up providing for public schools and for a college of South Car- 
 olina, but no action was taken by the legislature in this 
 direction.* 
 
 » Ibid., II, 363. > Ibid., II, 363. 
 
 ^History of Higher Education in South Carolina, p. 52. Colyer Mere- 
 weather. Bureau of Education, Circular of Information, No. 3, 1888. 
 • Ibid. 
 
NORTH CAROLINA 
 
 The first General Assembly of North Carolina was held 
 between 1664 and 1665. It consisted of 20 Representatives 
 from the four precincts of the colony, of a Governor' com- 
 missioned by the Proprietaries and of a Council appointed by 
 the Governor with the consent of the Proprietaries. 
 
 In North Carolina as in South Carolina, the first legislative ' 
 action for the educational betterment of the colony was an Act 
 to secure the library which Commissary Bray had sent to 
 North Carolina in the year 1700. This collection was valued 
 at ;£^iOO; but after its establishment at Bath, it seems to have 
 fallen into careless hands and its value was much impaired. 
 The Act for its preservation is given in the revisal of the laws 
 in 1715. The provisions of the Act are similar to those of the 
 Library Act of South Carolina. The Governor, Councillors, 
 Chief Justice, Secretary, Speaker of Assembly, Attorney Gen- 
 eral and the members of the precinct court and ten others are 
 named library commissioners. They are directed to appoint a 
 library keeper to be responsible for the books until the settle- 
 
 ^ Until 1689 the Governor was commissioned as the Governor of Albemarle, 
 from 1689 to 1712 as Deputy Governor of the Governor of South Carolina. 
 
 ' The highest judiciary body in the colony was a general court composed of a 
 chief justice and seven assistants appointed by the Proprietaries. At a general 
 court met on Feb. 25, 1695, at which Deputy Governor Thomas Harvey was 
 present, a certein orphan boy who had been left destitute was " bound unto the 
 said Thomas Harvey and Sarah his wife until he be at the age of 21 years, and 
 the said Thomas Harvey to teach him to read." ( The Colonial Records of North 
 Carolina, I, 448, edited by William L. Saunders, Raleigh, 1886. See also Be- 
 ginnings of the Common School System in the South. Stephen B. Weeks, 
 Ph. D. Published in the Report of the Com. of Educ, 1896-97, p. 1381). 
 
 (479) 
 
48o EDUCATION IN THE COLONIES 
 
 ment of a minister in the parish, the minister to be ex-officio 
 library keeper.' 
 
 In this same revisal of the laws is " an Act concerning 
 orphans." By this Act, precinct courts are directed to grant 
 " letters of tuition or guardianship " to proper persons " for 
 the care of bringing up and education of all orphans." Sec- 
 tion 3 enacts " that all orphans shall be educated and provided 
 for according to their rank and degree, out of the income or 
 interest of their estates or stocks, if the same will be sufficient; 
 otherwise such orphan shall be bound apprentice to some 
 handicraft trade, (the master or mistress of such orphans not 
 being of the profession of the people called Quakers) until 
 they shall come of age"' 
 
 In 1728, North Carolina became a royal province. In 1734 
 Gabriel Johnston ' was commissioned the second royal gover- 
 nor of the province. He continued in office for 18 years. In 
 an address which he made to the Assembly on September 21, 
 1736, embodying recommendations of much needed reforms 
 he arraigned the colony for its lack of religion and education 
 in these terms : 
 
 " I shall begin with observing the deplorable and almost 
 total want of divine worship throughout the province. . . . 
 After observing this, nobody will be surprised at the many dis- 
 orders which have always prevailed among us, especially when 
 it is considered how little care is taken of the education of youth. 
 In all civilized societies of men, it has always been looked 
 upon as a matter of the greatest consequence to their peace 
 and happiness, to polish the minds of young persons with 
 some degree of learning, and early to instil into them the 
 principles of virtue and religion, and that the Legislature has 
 never yet taken the least care to erect one school, which 
 
 1 A Collection of all the Public Acts of Assembly of the Province of North 
 Carolina, pp. 34-37, Newbern, 1752. 2 Ibid., p. 30. 
 
 'Governor Johnson had been a student in the University of St. Andrews, 
 Scotland. 
 
NORTH CAROLINA 48 1 
 
 deserves the name in this wide extended country, must in the 
 judgment of all thinking men, be reckoned one of our greatest 
 misfortunes. To what purpose, gentlemen, is all your toil and 
 labor, all your pains and endeavors for the advantage and en- 
 riching your families and posterity, if within yourselves you 
 cannot afford such an education as may qualify them to be 
 useful to their country and to enjoy what you leave them with 
 decency."' 
 
 To this the Upper House made answer on September 25 : 
 "We lament very much the want of divine public worship 
 (a crying scandal in any, but more especially in a Christian 
 community) ; as well as the general neglect in point of educa- 
 tion, the main source of all disorders and corruptions, which 
 we should rejoice to see removed and remedied, and are ready 
 to do our parts towards the reformation of such flagrant and 
 prolific evils."' 
 
 On October 7, the Lower House presented to the Governor 
 a list of grievances drawn up by a committee of that House, 
 concerning the collection of quit rents, the violation of an 
 Indian treaty, the removal of magistrates from office, etc. In 
 his response, the Governor discussed these several points in 
 order and then observed in conclusion : " I am sorry they [the 
 committee on grievances] have been so remiss in their duty as 
 to present so few grievances and those, so little material. In 
 any other country besides this, I am satisfied they would have 
 taken notice of the want of divine worship, the neglect of the 
 education of youth, the bad state of your laws and the impos- 
 sibility to execute them. Such as they are grievances which 
 will deserve redress, but these, it seems, are not reckoned 
 grievances in this part of the world. The more unhappy for 
 the people you represent ; for all the world must now see who 
 is to be blamed for neglecting matters so essential to the 
 peace, quiet and good government of the province.'" The 
 
 1 Col. Rec, IV, 227. See also Hid., IV, 228. 
 
 ' IHd., IV, 231. ' Hid., IV, 239. 
 
482 EDUCATION IN THE COLONIES 
 
 following year, March 4, 1737, the Governor again referred to 
 the subject in his opening speech to the Assembly : It is so 
 short a time since I laid the miserable state of your public 
 affairs before you that I flatter myself I have no occasion to 
 remind you of them at present. I shall only therefore once 
 more assure you that if you are disposed to take any measures 
 for maintaining and establishing the public worship of Al- 
 mighty God, making any provision for the education of youth 
 or the reformation and better execution of your laws, I am 
 come with a most sincere intention of concurring with you in 
 promoting such valuable ends.'" 
 
 In spite of Governor Johnston's appeal, nothing was done 
 for education by the legislature until April, 1745, when in the 
 Lower House " Mr. Craven brought in a bill for an Act to 
 empower the Commissioners for the Town of Edenton to keep 
 in repair the town fences and to erect and build a pound, 
 bridges, public wharf and market house as also to erect and 
 build a school house in the said town and other purposes 
 therein mentioned."^ 
 
 This bill was passed by both Houses and assented to by the 
 Governor on April 20, 1745. The Act empowered the town 
 commissioners to appropriate the money arising from the sale 
 of town lots to defray the expense of erecting the school 
 house, market house, etc. The commissioners were further- 
 more empowered to "receive donations and subscriptions 
 towards defraying the expenses of building the school house 
 in the said town, and apply the same accordingly;" . . . and 
 also to " commence suits or actions for the recovery of any 
 sums given or subscribed to be paid, for the purpose aforesaid, 
 by any person or persons whosoever.'" 
 
 On April 5, 1749, "a bill for an Act for founding, erecting, 
 ordering and visiting a free school at for the use of the 
 
 inhabitants of this province," was introduced in the Upper 
 
 1 Ibid., IV, 271-2. 2 ji,icl,^ IV, 786, 787, 788, 790. 
 
 'Laws, 1752, pp. 203-4. 
 
NORTH CAROLINA 483 
 
 House/ and on April 8 it was read for the first time and 
 passed by that House/ It was then sent down to the Lower 
 House." On April 10, it was read for the second time in the 
 Lower House and " passed with amendments."* There is. no 
 further record of this bill, and as no reference is made to it in 
 the revisals of the laws in 175 1 and 1752, it probably never 
 became a law. 
 
 In Governor Johnston's opening address to the Assembly in 
 April, 1752, after recommending the past behaviour of the 
 legislators in reforming prevalent abuses and enormities, he 
 recommends to their diligence and assiduity to take in partic- 
 ular "the most effectual measures for promoting religion and 
 virtue and suppressing vices and immorality, which are come 
 to such a dreadful height in the province."" 
 
 In answer to this speech the Lower House promised to 
 take measures " whereby the public worship of Almighty God 
 may be effectually supported " and " the virtuous education of 
 our youth promoted." Accordingly, on April 7, a bill was 
 brought up from the Lower House and passed in the Upper 
 House " for the better establishing the church, for erecting of 
 schools, and for granting to his Majesty certain rates and 
 duties for the support of the same."* There is no further 
 record of this bill. 
 
 In 1754, the legislature passed an Act granting an aid to the 
 King of ;^40,000 in bills of public credit. Section 12 of this 
 Act appropriated ;^6,ooo " for the founding and endowing a 
 public school, in such manner and under such regulations as 
 the Governor, or Commander in Chief, for the time being, the 
 Council and General Assembly, shall order, direct and ap- 
 point."' 
 
 1 Col. Rec, IV, 990. ' Hid., IV, 979. 
 
 ' Ibid., IV, 993. * Ibid., IV, 994. 
 
 5 Ibid., IV, 1318. « Ibid., IV, 1335, 1332. 
 
 ' A Complete Revisal of all the Acts of Assembly of the Province of North 
 Carolina, p. 158, Newbern, 1773. 
 
.g. EDUCATION IN THE CO&ONJES 
 
 Governor Johnston died in 1752. In October, 1754, Gov- 
 ernor Dobbs arrived in the province and held office for a 
 period of ten years. He was continually solicitous for the pro- 
 motion of colonial education. On December 24, 1754, he laid 
 before the Assembly a plan for an endowed school, of which 
 one George Vaughan, an Irish merchant, had written to him. 
 
 '"Twas the dependence I had on your goodness and public 
 spirit which I had observed from my earliest acquaintance 
 with you, that under God induced the donation of one 
 thousand pounds yearly forever for the propagation of the 
 Gospel among the Indian natives in and near your govern- 
 ment, and that you and your successors as Governors, the 
 Council and the Assembly of North Carolina be perpetual 
 trustees for this donation to commence after the death of my 
 said nephew. . . . My said nephew . . . having informed 
 me that he shew my letters to some of the members of your 
 Council and Assembly for said province and that they assured 
 him that provided my donation was not confined to the In- 
 dians only, but made to extend as an academy or seminary for 
 religion and learning to all his Majesty's subjects in North 
 Carolina, they in that case would enlarge my donation by a 
 reasonable tax on each negro in that province. Whereupon 
 
 my lawyer in conference with my Lord Bishop of 
 
 Derry . . . both concurred in advising me to suspend the 
 execution of said deeds [of endowment] . . . until by some 
 Act of Assembly a perpetual tax was fixed to induce me to alter 
 my original scheme, and until said Bishop in conference with 
 the Society in London for the Propagation of the Gospel and 
 on their recommendation to the King and Council, a charter 
 and further encouragement may be obtained. . . . So as this 
 public good may be put on as rational and lasting a foundation 
 as human wisdom can advise, I make no doubt of your zeal 
 and expedition in laying the purpose of this my letter in proper 
 form before the states of said province."^ Influenced by this 
 
 ' Col. Rec, V, I44b-I44c. 
 
NORTH CAROLINA 485 
 
 offer of Mr. Vaughan, on January 9, 1755, a Committee of the 
 Lower House on Propositions and Grievances reported among 
 other particulars " That under a sense of the many advantages 
 that will arise to the province from giving our youth a liberal 
 education (whether considered in a moral, religious or political 
 light) a public school or seminary of learning be erected and 
 properly endowed. And that for effecting the same, the sum 
 of ;^6,ooo already appropriated for that purpose be properly 
 applied.'" This committee also urged " that vagrants be 
 restrained from strolling and wandering about, and that 
 children whose parents are unable or neglect to educate and 
 teach them some useful business may be bound out to proper 
 trades."'' Three days previous to this report, on January 6, 
 the Lower House had agreed to a motion of the Upper House 
 to devote the ;£'6,ooo in question to war purposes.' Two days 
 before this decision. Governor Dobbs had written to the Board 
 of Trade : " What I have chiefly observed since I came here as 
 to the wants and defects of this province, is first the want of a 
 sufficient number of clergymen to instil good principles and 
 morality into the inhabitants and proper schoolmasters to in- 
 struct their youth . . . But as all the chief planters now are 
 sensible of their wants and difficulties, the Assembly is deter- 
 mined to give a proper encouragement to learned and pious 
 clergymen and to encourage schools."* A tax was levied to 
 pay back this borrowed school fund,' but in 1757 the returns 
 of this tax upon the approval of the Board of Trade* were ap- 
 propriated to war purposes instead of to its original object. 
 Governor Dobbs, however, continued to push the question of 
 an educational provision. In his opening speech to the Assem- 
 bly on November 23, 1758, he says, " I must also recommend 
 to you the erecting proper schools in the province, for the ed- 
 ucation of youth in the reformed Protestant religion, and in 
 
 • Ibid., V, 298-9. » Ibiii., V, 299. 
 
 ' Ibid., V, 267, 268. *Ibid., V, 315, 316. 
 
 ' Ibid., V, 573. ' Ibid., V, 749, also 640. 
 
486 EDUCATION IN THE COLONIES 
 
 moral religious principles, otherwise in the next age we shall 
 have a succession of infidels, deists, enthusiasts and sectaries to 
 the disgrace of our holy religion and destruction of the society.'" 
 On November 24, the Lower House made answer : " The 
 regard your Excellency discovers for the rising generation and 
 future ages in recommending the establishing schools for the 
 education of youth, is a fresh instance of that public spirit and 
 benevolent disposition which has ever been discernable in all 
 your conduct; and we beg leave to assure your Excellency 
 that nothing shall be wanting to promote a work of such in- 
 teresting consequences, though at present we are somewhat at 
 a loss in what manner to accomplish it; the sum of ;^6ooo 
 having been heretofore granted for that purpose, by an Act 
 under a suspending clause, which has not yet had the Royal 
 assent.'" On November 25, the Upper House said in response 
 to the Governor's speech : " We have at heart nothing more 
 than the defences of the country, the promoting true religion, 
 the education of our youth in the reformed Protestant religion 
 and moral virtues, the support of our credit and the encourage- 
 ment of our commerce."^ The following month, the Lower 
 House drafted a petition to the King for aid in the support of 
 churches and schools. In a letter to the Board of Trade, 
 dated January 22, 1759, Governor Dobbs takes exception to 
 the sending of this petition and opines that " one public pro- 
 vincial school for the languages, etc., would be enough to be 
 endowed, and the county schools be only for English scholars 
 to learn to read, write and account with some other branches 
 of the mathematics."* 
 
 Li his opening speech on November 23, 1759, the Gov- 
 ernor reiterates his injunction concerning the founding of the 
 schools.* But the next month, in view of the fact that he has 
 been forbidden by the King to pass any paper bills of credit 
 N" as legal tender and that payment of the troops is in arrears 
 
 1 Ibid., V, 1014. 2 /^/ar., V, 1041. 3 Ibid., V, 1016. 
 
 * Ibid., VI, 5. 5 Ibid., VI, 134. 
 
NORTH CAROLIXA 487 
 
 and that the only money in the Treasury is that which has 
 been returned on the borrowed school fund, the Governor sug- 
 gests that this ready money be again devoted to war expenses.' 
 The Governor's suggestion was accepted by the legislature and 
 the school fund was again paid out' In a letter to the Board 
 of Trade on January 19, 1760, the Governor proposes that the 
 Board advise the King to allow the borrowed money, after its 
 return to the provincial treasury through taxation, to be at 
 length appropriated to the building of schools.' In his 
 speech on November 1 1 , 1 760, he again urges the legislature 
 to " seriously consider of giving encouragement for schools to 
 be paid for the education of your youth in Christian principles 
 and in other branches of learning that may make them val- 
 uable members of society;"* In 1761, the Lower House re- 
 solved that as there was not sufficient money in the treasury to 
 pay the salaries of the judges of Superior Court or the allow- 
 ances to the General Assembly or the claims of the frontier 
 scouting parties, etc., the glebe and school fund should be 
 drawn upon for those purposes and should be afterwards re- 
 placed by a tax for the contingent fund. The Upper House 
 concurred in this resolve.^ In 1762, the Lower House voted 
 the school fund as a supply to the Governor for the garrison- 
 ing of forts Johnston and Granville. The borrowed sum was 
 to be returned by special tax.' This year, in response to the 
 Governor's annual recommendation about the building of 
 schools the Upper House promised its co-operation in the fol- 
 lowing terms : " Your Excellency's warm recommendation 
 of laws for the proper encouragement of schools for the educa- 
 tion of the rising generation in the principles of religion and 
 virtue . . . merits our most grateful acknowledgement, as 
 the necessity of our having such laws are but too obvious and 
 will be highly conducive of the happiness and interest of this 
 
 ^ Jbid., VI, 150-1. ^ Hid., VI, 151, 153, 207, 219. 
 
 ' Ibid., VI, 219. ^'Ibid., VI, 450. 
 
 5 Ibid., VI, 657, 658, 661, 686, 691. 6 Ibid., VI, 831. 
 
488 EDUCATION JN THE COLONIES 
 
 province, and your Excellency may be assured we shall 
 heartily concur with the other House in passing such bills as 
 may secure to us those desirable ends."' On December 9, it 
 was ordered by the Lower House that " thanks ... be given 
 to the Reverend James Reed for his sermon preached at the 
 beginning of this session of Assembly, recommending the 
 establishing public schools for the education of youth, and 
 that he be desired to furnish the printer' with a copy thereof, 
 in order that the same may be printed and dispersed in the 
 several counties within this province.' On December 13, 
 1763, on a petition presented to the Board of Trade by an 
 agent of the Lower House of the Assembly, " their lordships 
 took into consideration the Act passed in North Carolina in 
 1754 by which a sum of money is appropriated for erecting 
 schools and endowment of parishes, and it appearing that this 
 Act had been found upon a former examination to be liable to 
 great objection and that an instruction had been given to the 
 Governor to recommend to the Assembly to amend it in those 
 points in which it was objected to, which recommendation the 
 Assembly had refused to comply with, their lordships were of 
 opinion that it was not fit to grant what the Assembly now de- 
 sired until they thought proper to comply with his Majesty's 
 reasonable expectation in what had been recommended to 
 them.'" In spite of this decision of the Board of Trade, a few 
 months later, March 29, 1764, Governor Dobbs in writing to 
 the Board says that the Assembly had applied to him to recom- 
 mend to the King through the Board of Trade a re-issuance of 
 the bills of credit originally issued for religious and educa- 
 tional ends.* On February 3 of this year, the Governor recom- 
 mended to the Assembly " as a wise measure, to raise a fund to 
 encourage schools in each parish that at least the appearance 
 
 ' Ibid., VI, 841. 
 
 ' Dr. Weeks draws attention to the fact that this was probably the first actual 
 appropriation for education, p. 1384. '■Ibid., VI, 955. 
 
 * Ibid., VI, 1006. 6 /^jV/., VI, 1036-37. 
 
NORTH CAROLINA 489 
 
 of religion may be kept up in this province.'" On Februar}' 8, 
 the Upper House assured his Excellency " that whatever may 
 tend to support, not only the appearance but the real existence 
 and practice of true religion in this province and contribute in 
 any shape to the prosperity and happiness of the people and to 
 the honor of your Excellency's administration, shall always 
 meet with our hearty and zealous occurrence.."^ On February 
 20, a " bill for the building of a house for a school and the 
 residence of a school master in the town of New Bern'" was 
 introduced in the Lower House and sent to the Upper House 
 for concurrence.* On February 28, the bill was read for a 
 second time, amended and passed by the Upper House.* On 
 March 2, the bill was read for a third time in the Upper 
 House and passed by that body.^ 
 
 In 1766 the above Act was repealed and the four lots which 
 had been appropriated to the school in Newbern, — three lots 
 having been appropriated by the Act of 1764 and one lot hav- 
 ing been purchased since then by the school subscribers — were 
 
 ' Ibid., VI, 1091. 2 ji,ici_^ VI, 1093-4. 
 
 'On January I, 1764, Mr. Thomas Tomlinson had opened a private school in 
 Newbern. A subscription was started for the building of a school house, and on 
 June 21, 1764, Missionary James Reed of Craven County writes to the Secretary 
 of the Society for the Propagation of the Gospel that he has received for this pur- 
 pose about ;^ilo sterling in notes drawn to his order. {Rec, VI, 1048.) 
 
 On May 16, 1765, Missionary Reed and 39 residents of Newbern petitioned 
 Governor Tryon to use his influence with the Society to settle a salary upon 
 Schoolmaster Tomlinson, since part of the money that had been subscribed was 
 " already expended in purchasing materials for a large and commodious school 
 house." {Idid., VII, 35-36.) 
 
 On July 31, Governor Tryon enclosed this petition to the Society with the fol- 
 lowing remarks : " I had a long conversation with Mr. Tomlinson, and from the 
 sense and decency of his behaviour and the general good character he maintains, 
 obliges me to warmly solicit the Society in his behalf. He is the only person of 
 repute of that profession in the country." (^Ibid,, VII, 104.) 
 
 » Ibid., VI, 1 174. 5 Ibid,^ VI, 1 1 13. 
 
 ^ Jbid., VI, 1120. The title only of this Act is given in the revisal of 1773, 
 p. 326. 
 
4pO EDUCATION IN THE COLONIES 
 
 vested in a body of eleven school trustees or directors who 
 were to be elected by and form the subscribers to the school. 
 These trustees were incorporated under the name of the " In- 
 corporated Society for promoting and establishing the public 
 school in Newbern," and they were given all the rights of 
 a body politic and corporate. The trustees were required to 
 swear to the oaths of government and to a special oath of 
 office before a magistrate. They were also directed to elect a 
 treasurer from among themselves who was to give bond for 
 ;£^2,ooo and to report annually to the board of trustees. This 
 board was also empowered to fill its own vacancies. Section 
 3 of the Act provides " that no person shall be admitted 
 to be master of the said school, but who is of the established 
 Church of England ; and who, at the recommendation of the 
 trustees or directors, or the majority of them, shall be duly 
 licensed by the Governor or Commander in Chief for the time 
 being." 
 
 The preamble and the ninth section of this Act set forth 
 its purpose and general character : " Whereas a number of 
 well-di.sposed persons, taking into consideration the great 
 necessity of having a proper school or public seminary of 
 learning established, whereby the rising generation may be 
 brought up and instructed in the principles of the Christian 
 religion, and fitted for the several offices and purposes of life, 
 have at a great expense erected and built, in the town of 
 Newbern, a convenient house for the purposes aforesaid; and 
 being desirous that the same may be established by law on a 
 permanent footing, so as to answer the good purposes by the 
 said persons intended: Be it enacted, etc." 
 
 " IX. And whereas the aforesaid contributors being desirous 
 that the benefits arising from the said school may be as ex- 
 tensive as possible, and that the poor, who may be unable to 
 educate their children there, may enjoy the benefits thereof: 
 Be it enacted, etc., that a duty of one penny per gallon on all 
 rum or other spirituous liquors imported into the river Neuse, 
 
NORTH CAROLINA 
 
 491 
 
 be paid, for and during the space of seven years, from and 
 after the passing of this Act, by the importers thereof, for and 
 towards raising a fund for the education of ten poor children in 
 the said school (to be chosen by the trustees) whose parents 
 may be unable to pay for the same. And that the said duty 
 be part of the common stock of the said school, and to be 
 appropriated as aforesaid, and towards giving a salary of £2,0 
 per year to the master of the said school towards enabUng 
 him to keep an assistant.'" . . . 
 
 In 1768 an Act was passed reaffirming the school title to the 
 land in Newbern and empowering the school trustees to col- 
 lect the subscriptions due to the school.* 
 
 The above legislation was very strongly objected to by the 
 King's Counsel as violating the statute of limitations,' the 
 Board of Trade recommended its disallowance,* and conse- 
 quently it was repealed by the King in Council in June 1771.' 
 Two years later, however, in view of the facts that the School 
 Society of Newbern had erected " a large and convenient 
 building for the use and accommodation of the master 
 and scholars " of the school, and that it was inconvenient 
 to erect any other buildings on the school lots, an Act was 
 again passed appropriating the aforesaid lots to the use of the 
 school for ever.' 
 
 On December 28, 1767, a bill was introduced into the Lower 
 House for establishing a school house in the town of Eden- 
 ton. 
 
 On January 4, the Assembly received the following mes- 
 sage from the Council in reference to this bill : " On reading a 
 third time the bill for establishing a school house in the town 
 of Edenton, we observe you have deled the following clause, 
 viz.: Provided also that no person shall be admitted to be 
 
 ^ Sevisal, 1774, pp. 359-361. ''Hid., p. 450. Title only given. 
 
 3 Rec, VIII, 266. >'I6id., VIII, 276-7. "Hid., VIII, 616. 
 
 « Revisal, 1773, p. 552. ' Col. Rec, VII, 586. 
 
4g2 EDUCATION IN THE COLONIES 
 
 master of the said school, but who is of the established Church 
 of England and who at the recommendation of the trustees or 
 directors, or the majority of them, shall be duly licensed by 
 the Governor or Commander in Chief for the time being, which 
 clause we propose steting. If you agree thereto, please send 
 some of your members to see the same done, otherwise we 
 cannot agree to pass the bill,"^ The Lower House answered 
 on the same day that they could not agree to the proposed 
 clause. Whereupon the Upper House rejected the bill.' The 
 following year Mr. Hewes, the promoter of the preceding 
 measure, introduced another bill into the Lower House under 
 the title of a bill for vesting the school house in Edenton in 
 trustees.' This time the bill was passed by both Houses;* 
 but it was rejected by the Governor* on the ground that the 
 words "with the approbation of his Excellency the Governor 
 or Commander in Chief for the time being" in the commis- 
 sioners' appointment of the school master were not as full and 
 comprehensive as the qualifications for a school master in the 
 Newbern school bill of 1766.^ In the same letter in which 
 Governor Tryon thus states his objection to the repealed school 
 bill, he continues, " should your Lordship [Lord Hillsbor- 
 ough] judge the above objection immaterial, I imagine there 
 will be no difficulty in getting the bill re-enacted next session, 
 if your Lordship will honor me with your sentiments and the 
 return of the bill. Though these institutions are extremely 
 wanted in this colony, yet the foundations of them cannot be 
 too securely laid by the legislature.'" 
 
 The next year the Edenton school was finally chartered 
 under an Act for vesting the school house in Edenton in trus- 
 tees. The preamble of this Act reads: "Whereas the inhabi- 
 tants of the town of Edenton, for the promoting the education 
 of youth, and encouragement of learning, have by voluntary 
 subscription purchased two lots, and erected a convenient 
 
 1 Ibid., VII, 598. 2 Ibid., VII, 600. 3 Ibid., VII, 943. 
 
 • Ibid., VII, 954, 970. 5 /^^v., VII, 978. 6 Ibid., VIII, 6. ' /bid., VIII, 6-7 
 
NORTH CAROLINA 4^3 
 
 school house thereon, in an agreeable and healthy situation in 
 the said town, therefore for the rendering more useful and 
 effectual so laudable an undertaking ; Be it enacted, etc. The 
 trustees were empowered to receive subscriptions and dona- 
 tions, to " employ one or more person or persons, of approved 
 morals, and well instructed in the languages, to preside in, 
 and keep the said school," and to have the general manage- 
 ment of the institution. The school master was required to 
 belong to the established Church and to be duly licensed by 
 the Governor.^ 
 
 At the opening of the session of 1770-1, Governor Tryon 
 announced that but for the troubled state of the colony he 
 would have recommended the establishment of " a public 
 seminary in some part of the back country . . .for the edu- 
 cation of youth," and suggested that possibly at a more favor- 
 able opportunity the legislature might not lose sight of this 
 beneficial object."" The Upper House responded : " The idea 
 of a public seminary in this province for the education of 
 youth, as suggested by your Excellency is a fresh proof of 
 your tender concern for its prosperity. The object is im- 
 portant, morals and good government depend greatly upon 
 early instruction and virtuous example, and we hope in this, 
 or some future session, a foundation may be laid for so desir- 
 able a purpose."' The Lower House responded: "We entirely 
 agree with you, sir, in the measure you propose of establishing 
 a public school in the frontier part of this province. We are 
 convinced that the peace and happiness of society much de- 
 pends on a pious and liberal education of its members. To 
 neglect an object so interesting and important, is to withhold 
 from this country a blessing that will necessarily accrue to it, 
 from a rising and instructed generation."* 
 
 On December 27, the Lower House appointed a committee 
 of its own members " to prepare and bring in a bill to estab- 
 
 ^Revisal, 1773, pp. 478-9. ^ Col. Rec, VIII, 285-6. 
 
 3 Ibid., VIII, 289-90. * Ibid., VIII, 312. 
 
494 EDUCATION IN THE COLONIES 
 
 lish a public seminary in the western part" of the province. 
 As an outcome of this action the Queen's College was incor- 
 porated by the government." 
 
 " AN ACT FOR FOUNDING, ESTABLISHING AND ENDOWING QUEEN's 
 
 college in the town of charlotte in 
 mecklenberg county. 
 " Whereas the proper education of youth has always been 
 considered the most certain source of tranquility, happiness 
 and improvement both of private families and of states and 
 empires and there being no institution or seminary of learning 
 established in this province, whither the rising generation may 
 repair, after having acquired at a grammar school a competent 
 knowledge of the Greek, Hebrew and Latin languages to imbibe 
 the principles of science and virtue and to obtain under learned, 
 pious and exemplary teachers in a collegiate or academic 
 mode of instruction, a regular and finished education in order 
 to qualify them for the service of their friends and country, 
 and whereas several grammar schools have been long taught 
 in the western part of this government, in which many students 
 have made very considerable progress in the languages and 
 other literary attainments, and it being thought by many pious, 
 learned and public-spirited persons that great and singular 
 benefits and advantages would be derived to the public, could 
 some one of them receive the encouragement and sanction of 
 a law, for the establishment thereof on a lasting and permanent 
 basis, wherefore be it enacted by the Governor, Council and 
 Assembly, and by the authority of the same, that Messrs. 
 Edmund Fanning, Thomas Polk, Robert Harris, Jr., Abraham 
 
 1 Ibid., VIII, 338. 
 
 ^ During the decade 1760-1770 several schools and academies were opened in 
 the province by the Presbyterians, a sect that had been rapidly increasing in the 
 western part of North Carolina since the ingress of the Scotch and Scotch Irish in 
 1735. It was one of these small classical schools that was chartered by the gov- 
 ernment as Queen's College. ( The Church and Private Schools of North Caro. 
 Una, pp. 31, 44-5. Charles Lee Raper, Greensboro, 1898.) 
 
NORTH CAROLINA 
 
 495 
 
 Alexander, Hezekiah Alexander, John McNitt Alexander, 
 Ezekiel Polk, Thomas Neal, Wm. Richardson, Hezekiah T. 
 Balch, Joseph Alexander, Waitstell Avery, Henry Patillo and 
 Abner Nash, be and they are hereby formed and incorporated 
 into a body politic and corporate, by the name of the Fellows and 
 Trustees of the Incorporated Society for Founding Establish- 
 ing and Endowing Queens College in Charlotte Town by that 
 name to have perpetual succession and a common seal, and 
 that they and their successors by the name aforesaid shall be 
 able and capable in law to purchase, have receive enjoy possess 
 and retain to them and their successors forever, in special 
 trust and confidence to and for the uses and purposes of found- 
 ing establishing and endowing the said college, and support- 
 ing a president of the same and the number of three or less 
 tutors, any lands, rents, tenements and hereditaments of what 
 kind nature or quality whatsoever and also to sell, grant, 
 demise, alien or dispose of the same, and also receive and take 
 any charity, gift or donation, whatsoever to the said college 
 and by the same name to sue implead be sued and impleaded, 
 answer and be answered in all courts of record whatsoever. 
 And be it further enacted by the authority aforesaid that 
 Edmund Fanning, Thomas Polk, Robert Harris, Jr., Abraham 
 Alexander, Hezekiah Alexander, John McNitt Alexander, 
 Ezekiel Polk, Thomas Neal, Wm. Richardson, Hezekiah 
 Balch, Joseph Alexander, Waitsell Avery, Henry Patillo and 
 Abner Nash, trustees and fellows or a majority of them are 
 hereby authorized, required and directed to meet at the gram- 
 mar school in the county of Mecklenberg aforesaid on the first 
 day of March next after the passing of this Act then and 
 there to elect, nominate, constitute and appoint by commission 
 in writing under their hands sealed with the common seal of 
 the said college, some learned, pious, exemplary and discreet 
 person to be president of the said college and in like manner 
 three or a less number of tutors duly qualified for instructing 
 and educating of the students of the said college and from 
 
4q6 education in the colonies 
 
 time to time thereafter at the said school until the College 
 shall be erected in the town of Charlotte aforesaid and then in 
 the hall of the said college to convene and meet together and 
 under their common seal to make such rules, regulations and 
 ordinances for the admission or dismission of the president 
 and tutors of the said college and for ascertaining the time of 
 the admission of students or members and also the time of 
 their continuance at college before they shall be entitled to 
 receive the degree of Batchelor and Master of Arts, which said 
 degrees the president of the said college for the time being is 
 hereby authorised and empowered to confer at the public com- 
 mencement on such as may be thought deserving of receiving 
 the honors of the said seminary of learning and in testimony 
 thereof to give and deliver to the said student so graduated a 
 diploma under the seal of the said college and signed by the 
 president and a majority of the said fellows and trustees. Also 
 for directing the mode of instruction and the course of studies 
 to be pursued by the several classes, and for the better regulat- 
 ing and well ordering the morals, studies and collegiate exer- 
 cises of the students and members of the said college as to 
 them shall seem requisite and necessary and best calculated to 
 answer the good purposes hereby intended, provided always 
 that the said rules and ordinances correspond and be as near 
 as may be agreeable the laws and customs of the Universities 
 of Oxford and Cambridge or those of the colleges in America. 
 And provided further that no person shall be admitted to be 
 president of the said college but who is of the Established 
 Church and who upon being nominated and appointed by the 
 fellows and trustees as aforesaid or the majority of them shall 
 be duly licensed by the Governor or Commander-in-chief for 
 the time being. And be it further enacted by the authority 
 aforesaid that the said fellows and trustees before they be 
 deemed qualified to enter on the execution of the trust reposed 
 in them by this Act do before some magistrate, take the several 
 oaths of government, subscribe the test, and also take the fol- 
 
NORTH CAROLINA 
 
 497 
 
 lowing oath to wit, I, A. B. do swear that I will duly and 
 faithfully to the best of my skill and ability execute and 
 discharge the several trust, power and authorities wherewith 
 I am invested by an Act of Assembly, for founding, establishing 
 and endowing of a College in Charlotte and that in all things 
 for the well ordering and government thereof I will do equal 
 and impartial justice to the best of my knowledge, so help me 
 God. And be it further enacted by the authority aforesaid, 
 that, the said fellows and trustees or a majority of them after 
 their qualification as aforesaid shall meet at the school house 
 the first day of March next after the passing hereof, to nominate 
 and elect out of their number a fit and proper person to be treas- 
 urer to the said society, which treasurer shall be annually elected 
 on the first Tuesday in March, into whose hands shall be paid all 
 moneys or belonging to the said school, he first giving bond and 
 security in the sum of three thousand pounds proclamation 
 money to the first in nomination of his brother fellows and 
 trustees for the faithful discharge of his office and the trust 
 reposed in him, and that the said treasurer shall annually on 
 the said first Tuesday in March settle his accounts with the 
 fellows and trustees of all disbursements, donations, gifts, be- 
 quests or other charities that may belong or accrue to the said 
 college the preceding year, and upon the said treasurer's 
 neglect or refusal to settle and pay over to the succeeding 
 treasurer what money may be in his hands belonging to the 
 said society the same method of recovery may be had against 
 him as is provided for the recovery of moneys from sheriffs or 
 other persons chargeable with public moneys. And whereas 
 it will be necessary that a successor of the fellows and trus- 
 tees should be kept up, be it enacted by the authority afore- 
 said, that on the death, refusal to qualify or removal out of the 
 province of the said fellows and trustees the remaining fellows 
 and trustees, or a majority of them, elect other fellows and 
 trustees in the room and stead of those dead, removed out of 
 the province or refusing to act, which fellows and trustees so 
 
.q8 education in the colonies 
 
 elected, nominated and appointed shall be vested with the 
 same trusts, powers and authorities as other fellows and trus- 
 tees, he or they first taking the several oaths by this Act 
 directed for his or their qualification, And the said fellows 
 and trustees being desirous that some certain revenue be 
 raised for founding, establishing and endowing the said col- 
 lege, Be it enacted by the authority aforesaid, that a duty of 
 six pence per gallon on all rum or other spirituous hquors 
 brought into and disposed of in Mecklenberg County be paid 
 for and during the space of ten years from and after the pass- 
 ing of this Act, by the owners and carriers thereof, for and 
 towards raising a fund for the purposes aforesaid, which said 
 duty shall be collected, accounted for and paid to the treas- 
 urer of the said college in the same manner and under the 
 same penalties and restrictions as other duties on spirituous 
 liquors are now paid and collected by law. 
 
 William Tryon, 
 James Hasell, President, 
 Richard Caswell, Speaker. 
 Read three times and ratified in open Assembly the isth 
 day of January, 1771."' 
 
 This Act was repealed by the King. The legislature then 
 passed a new Act of incorporation in the form of an amend- 
 ment to the original Act.'' This second Act was also negatived 
 by the King in 1773 on the following representations of the 
 Board of Trade : i. That if this college were incorporated it 
 would operate as a "seminary for the education and instruc- 
 tion of youth in the principles of the Presbyterian Church." 2. 
 That " a foundation professedly for general uses ought not in 
 regularity to be supported by a tax partially imposed upon 
 any one county in particular." 3. That the Act was unaccom- 
 panied by a clause of suspension.' 
 
 1 Col. Rec, VIII, 486-490. 
 
 ''Laws, 1773, p. 501. 3 Col. Rec, IX, 250, also 811. 
 
NORTH CAROLINA 
 
 499 
 
 In support of the first of these enumerated objections, the 
 Lords of Trade quote the following passage from Governor 
 Tryon's communication to them of March 12, 1771 : "It [the 
 law in question] is but the outline of a foundation for the edu- 
 cation of youth that the necessity for such an institution in 
 that country is obvious and the propriety of the mode therein 
 adopted must be submitted to your Majesty; that although 
 the President is to be of the established Church and licensed 
 by the Governor, yet the fellows, trustees and tutors, he ap- 
 prehends, will be generally Presbyterians, the College being 
 promoted by a respectable settlement of that persuasion from 
 which a considerable body marched to Hillsborough in Sep- 
 tember 1768 in support of government.'" 
 
 ' Ibia., IX, 249-50. 
 
APPENDIX A. 
 
 TABLE OF GRANTS AND APPROPRIATIONS OF THE COLONIAL GOV- 
 ERNMENTS TO COLLEGES AND SCHOOLS.' 
 
 
 Colleges. 
 
 Schools. 
 
 
 Land. 
 
 Money. 
 
 Revenues. 
 
 Land. 
 
 Money. 
 
 Revenues. 
 
 Massachusetts . . 
 
 18,900 
 acres 
 
 i»5oo 
 
 acres 
 
 ;£23,403 
 
 ;C25>403 
 ;^ioo 
 
 From Charles- 
 town Ferry. 
 
 From New 
 Haven Lone 
 Wharf. 
 
 3,500 acres 
 2,425 acres 
 
 
 
 Connecticut .... 
 New Hampshire. 
 
 ^£1,078 and 40S. 
 upon every £\,- 
 000 of taxes 
 (1700-1754), lOS. 
 
 (1754-1766), 2CS. 
 (1766-1767), 40s. 
 {1767-). 
 
 (^4) for break- 
 ing excise law 
 (1700-1710); 
 one-half of fine 
 (40s.) upon 
 negligent tax 
 assessors 
 (1703)- 
 Arrears of excise 
 tax (1766) and 
 interest on ex- 
 cise fund in 
 colony treas- 
 ury. 
 
 
 
 
 
 
 New Netherlands 
 
 2,500 
 
 acres 
 
 ;£3»5oo 
 ;C4,5oo 
 
 
 
 S 5»445 guilders, 
 / £790- 
 
 
 
 
 
 
 
 
 
 1,068 florins. 
 
 
 
 
 
 
 Matininuck 
 
 Island. 
 i,Doo acres 
 
 
 Virginia 
 
 30,000 
 acres 
 
 ;Ca,985 
 
 From office of 
 Surveyor-Gen- 
 eral; from du- 
 ties on tobacco, 
 skins, furs, liq- 
 uors; from li- 
 cense tax; from 
 fines upon neg- 
 ligent tax col- 
 lectors. 
 
 From duties on 
 tobacco. 
 
 
 
 45,000 lbs. to- 
 bacco. 
 
 ;^48 and ^£300 an- 
 nually (1712-). 
 ;£22 to every 
 parish school es- 
 tablished, £,2$ 
 annually (1756-). 
 
 ;^6,ooo. 
 
 
 
 
 
 
 skins, furs, 
 beef, pork, 
 pitch, tar, to- 
 bacco, papist 
 servants, ne- 
 groes; intestate 
 estates without 
 legal represen- 
 tatives. 
 From fines upon 
 negligent land 
 contractors in 
 Beaufort. 
 
 From liquor du- 
 ties (g years). 
 
 
 
 
 From liquor du- 
 ties (10 years). 
 
 3 lots in 
 
 Newbem. 
 
 Georgia 
 
 
 
 ^ This table presents, necessarily, only an approximate calculation. In many cases the grants were 
 made in the fluctuating values of paper currency or " proclamation money;" moreover, no attempt 
 has been made to estimate the returns from the grants of specific sources of revenue; and, finally, 
 many of the grants, both of land and money, were never realized. 
 
 (S°i. 
 
APPENDIX B. AUTHORITIES QUOTED 
 
 MASSACHUSETTS 
 
 Records of the Governor and Company of the Massachusetts Bay in New Eng- 
 land. Edited by Nathaniel B. Shurtleff, M. D. Boston, 1853-54. 
 The Acts and Resolves, public and private, of the Province of the Massachusetts 
 
 Bay. Edited by Ellis Ames and Abner Cheney Goodell. Boston, 1869-95. 
 State Papers of the United States of America. Edited by Ebenezer Hazard, 
 
 A. M. Philadelphia, 1794. 
 Court Records of Massachusetts (MSS. in Massachusetts State Library). 
 Temporary Acts and Laws of his Majesty's Province of the Massachusetts Bay in 
 
 New England. Boston, 1742. 
 Records of the Colony of New Plymouth in New England. Edited by N. B. 
 
 Shurtleff, David Pulsifer and others. Boston, 1855-61. 
 Report of the Record Commissioners of the City of Boston, 1881. 
 Dedham Records : Town and Selectmen. Edited by Don Gleason Hill. Ded- 
 
 ham, 1892-94. 
 History of New England. John G. Palfrey. Boston, 1892. 
 Collections of the Massachusetts Historical Society: Third Series. Boston, 
 
 1825-46. 
 The Evolution of the Massachusetts Public School System. George H. Martin, 
 
 A. M. New York, 1894. 
 A History of the Grammar School of Roxbury, C. K. Dillaway. Boston, i860. 
 A History of Harvard University. Benjamin Pierce, A. M. Cambridge, 1833. 
 The History of Harvard University. Josiah Quincy, LL. D. Boston, i860. 
 English Institutions and the American Indian. James A. James, Ph. D, (Johns 
 
 Hopkins University Studies in Historical and Political Science.) Baltimore, 
 
 1894. 
 
 CONNECTICUT 
 
 The Public Records of the Colony of Connecticut. Edited by James Hammond 
 Trumbull and Charles J. Hoadly. Hartford, 1850-90. 
 
 Records of the Colony and Plantation of New Haven from 1638 to 1649. Ed- 
 ited by Charles J. Hoadly, M. A. Hartford, 1857. 
 
 Records of the Colony or Jurisdiction of New Haven from May, 1653, to the 
 Union. Edited by Charles J. Hoadly, M. A. Hartford, 1858. 
 
 The General Laws and Liberties of Connecticut Colonic. Cambridge, 1673: 
 Reprinted at Hartford, 1865. 
 
 (502) 
 
AUTHORITIES QUOTED 503 
 
 Acts and Charters of Connecticut. New London, 1718. 
 
 A Complete History of Connecticut, civil and ecclesiastical, from the emigration of 
 its first planters from England in 1630 to 1713. Benjamin Trumbull, D. D. 
 Hartford, 1797. 
 
 The River Towns of Connecticut. Charles M. Andrews. (Johns Hopkins Uni- 
 versity Studies in Historical and Political Science.) Baltimore, 1889. 
 
 The History and Genealogies of Ancient Windsor. Henry R. Stiles, A. M., 
 M. D. Hartford, 1891. 
 
 A History of the Old Town of Stratford and the City of Bridgeport, Connecticut. 
 Rev. Samuel Orcutt. Published under the auspices of the Fairfield County 
 Historical Society, 1886. 
 
 History of New Britain, with Sketches of Farmington and Berlin, Connecticut. 
 David N. Camp, A. M. New Britain, 1889. 
 
 The Republic of New Haven. Charles H. Levermore, Ph. D. Baltimore, 1886, 
 
 Papers of the New Haven Colony Historical Society. New Haven, 1865-94. 
 
 Collections of the Massachusetts Historical Society : First Series. 
 
 The History of Education in Connecticut. Bernard C. Steiner, A. M. Bureau 
 of Education. Circular of Information No. 2. 1893. 
 
 An Historical Discourse, pronounced before the graduates of Yale College, August 
 14, 1850. By Theodore D. Woolsey. 
 
 Yale College : A Sketch of its History. William L. Kingsley. New York, 1879. 
 
 Biographical Sketches of the Graduates of Yale College, with Annals of the Col- 
 lege History. Franklin B. Dexter, A. M. New York, 1885. 
 
 The Founding of Yale College. Franklin B. Dexter. (New Haven Historical 
 Society Papers, vol. iii.) New Haven, 1882. 
 
 NEW HAMPSHIRE 
 
 Acts and Laws of his Majesty's Province of New Hampshire. Portsmouth, 1761. 
 Acts and Laws of his Majesty's Province of New Hampshire. Portsmouth, 1771. 
 Records of New Hampshire : Provincial Papers : Edited by Nathaniel Bouton, 
 
 D. D. Concord, 1867 — Nashua, 1873. 
 The History of New Hampshire. Jeremy Belknap, A. M. Philadelphia, 1 784. 
 Annals of Portsmouth. Nathaniel Adams. Portsmouth, 1825. 
 An Historical Address, delivered at Hampton, New Hampshire, December 25, 
 
 1838. By Joseph Dow, A. M. Concord, 1839. 
 Collections of the New Hampshire Historical Society. Concord, 1827-66. 
 The History of Education in New Hampshire. Nathaniel Bouton. 
 The History of Dartmouth College. Baxter Perry Smith. Boston, 1878. 
 
 RHODE ISLAND 
 
 Records of the Colony of Rhode Island and Providence Plantations in New Eng- 
 land. Edited by John Russell Bartlett. Providence, 1856-65. 
 
 Acts and Laws of his Majesty's Colony of Rhode Island and Providence Planta- 
 tions in America, Boston, 1719. 
 
S04 
 
 AUTHORITIES QUOTED 
 
 The Charter and Laws of the Colony of Rhode Island and Providence Planta- 
 tions in America. Newport, 1 730. 
 
 Rhode Island Schedules. 
 
 History of the State of Rhode Island and Providence Plantations. Samuel G. 
 Arnold. New York, 1859. 
 
 History of Brown University with illustrative documents. Reuben A. Guild. 
 Providence, 1867. 
 
 History of Higher Education in Rhode Island. William H. Tolman, Ph. D. 
 United States Bureau of Education. Circular of Informotion No. I, 1894. 
 
 NEW YORK 
 
 The Colonial Laws of New York. Albany, 1894. 
 
 The Documentary History of the State of New York. Edited by Edmund B. 
 
 O'Callaghan, M. D. Albany, 1850-51. 
 Documents relative to the Colonial History of the State of New York. Edited 
 
 by Edmund B. O'Callaghan, M. D., LL. D., and others. Albany, 1856-83. 
 Journal of the General Assembly of the Colony of New York. New York, 1 764-66. 
 Journal of the Legislative Council of the Colony of New York. Albany, 1861. 
 The Records of New Amsterdam from 1653 to 1674. Edited by Berthold Fer- 
 
 now. New York, 1897. 
 Laws and Ordinances of New Netherland, 1638-1674. Edited by Edmund B. 
 
 O'Callaghan. Albany, 1868. 
 The Annals of Albany. Joel Munsell. Albany, 1850-59. 
 The History of New Netherland. Edmund B. O'Callaghan. New York, 1846. 
 History of the State of New York. John R. Brodhead. New York, 1874. 
 The History of the Late Province of New York, from its Discovery to 1762. By 
 
 the Hon. William Smith. (Collections of the New York Historical Society.) 
 
 New York, 1829. 
 History of the New Netherlands, Province of New York and State of New York. 
 
 William Dunlap. New York, 1 839. 
 Annals of Public Education in the State of New York from 1626 to 1746. 
 
 Daniel J. Pratt, A. M. Albany, 1872. 
 History of the School of the Reformed Protestant Dutch Church in the City of 
 
 New York. Henry W. Dunshee. New York, 1853. 
 Charters, Acts and Official Documents of Columbia College in the City of New 
 
 York. Compiled by John B. Pine. New York, 1895. 
 The Origin and Early History of Columbia College. George H. Moore, LL. D, 
 
 New York, 1890. 
 
 PENNSYLVANIA 
 Statutes at large of Pennsylvania. Compiled by James T. Mitchell and Henry 
 
 Flanders. Published, 1896. 
 Charters and Laws of the Province of Pennsylvania (1682-1700.) Compiled by 
 
 Geo. Staughton, B. M. Nead, Tho. McCamant. Harrisburg, 1879. 
 Colonial Records : Minutes of the Provincial Council of Pennsylvania. Phila- 
 delphia, 1852-60. 
 
AUTHORITIES QUOTED 505 
 
 Laws of the Commonwealth of Pennsylvania. Philadelphia, 1803. 
 
 Votes and Proceedings of the House of Representatives of the Province of Penn- 
 sylvania. Philadelphia, 1752-76. 
 
 The History of Pennsylvania. Robert Proud. Philadelphia, 1 797. 
 
 History of Education in Pennsylvania. James P. Wickersham, LL. D. Lan- 
 caster, 1886. 
 
 Benjamin Franklin and the University of Pennsylvania. Edited by F. N. Thorpe, 
 Ph.D. Bureau of Education. Circular of Information No. z. 1892. 
 
 A Catalogue of the books belonging to the Library Company of Philadelphia, to 
 which is prefixed a short account of the institution with the charter, laws and 
 regulations. Philadelphia, 1S35. 
 
 DELAWARE 
 Pennsylvania Archives : Second Series. Edited by John B. Linn and William H. 
 
 Egle. Harrisburg, 1874-90. 
 Laws of the State of Delaware. New Castle, 1797. 
 
 NEW JERSEY 
 
 The Grants, Concessions and Original Constitutions of the Province of New Jer- 
 sey. Compiled by Aaron Learning and Jacob Spicer. Philadelphia. [1758]. 
 
 Record of the Governor and Council of East Jersey. Jersey City, 1872. 
 
 Acts of the General Assembly of the Province of New Jersey, 1 702-1 776. Com- 
 piled by Samuel AUinson. Burlington, 1776. 
 
 Archives of the State of New Jersey. Edited by W. A. Whitehead and others. 
 Newark, 1880-97. 
 
 The History of the College of New Jersey. John Maclean. Philadelphia, 1877. 
 
 The Planting of Princeton College. John De Witt. (Presbyterian and Reformed 
 Review.) April, 1897. 
 
 Princeton College Bulletin for February, 1891. 
 
 An Historical Discourse delivered by the Hon. Joseph P. Bradley at the Centen- 
 nial Celebration of Rutgers College in 1870. 
 
 VIRGINIA 
 
 The Statutes-at-Large, being a Collection of all the Laws of Virginia. Compiled 
 by William Waller Hening. New York, 1823. 
 
 Calendar of Virginia State Papers and other manuscripts (1652-1781). Edited 
 by Wm. P. Palmer, M. D. Richmond, 1875. 
 
 History of the Virginia Company of London. Edward D. NeiU. Albany, 1869. 
 
 Virginia Carolorum. Edward D. Neill. Albany, 1886. 
 
 Collections of the Virginia Historical Society. Richmond, 1882-92. 
 
 The College of William and Mary. Herbert B. Adams, Ph. D. Bureau of Edu- 
 cation. Circular of Information No. I. 1887. 
 
 The History of the College of William and Mary. Richmond, 1874. 
 
 Historical Collections relating to the American Colonial Church. Edited by 
 William S. Perr>', D. D., 1878. 
 
5o6 AUTHORITIES QUOTED 
 
 Contributions to the Ecclesiastical History of the United States. Francis L. 
 Hawks,tD. D. New York, 1839. 
 
 MARYLAND 
 Archives of Maryland. Edited by William Hand Browne. Baltimore, 1883-94. 
 Laws of Maryland at Large. Compiled by Thomas Bacon. Annapolis, 1765. 
 Laws of Maryland. Annapolis, 1787. 
 History of Maryland. J. Thomas Scharf. Baltimore, 1879. 
 An Historical View of the Government of Maryland. John V. L. McMahon. 
 
 Baltimore, 1831. 
 The History of Maryland. John Leeds Bozman. Baltimore, 1837. 
 History of Education in Maryland. Bernard C. Steiner, Ph. D. United States 
 
 Bureau of Education. Circular of Information No. 2. 1894. 
 An Historical Account of the Incorporated Society for the Propagation of the 
 
 Gospel in Foreign Parts. David Humphrey, D. D. London, 1730. 
 
 SOUTH CAROLINA 
 
 The Statutes at Large of South Carolina. Compiled by Thomas Cooper, M. D., 
 LL. D., and David J. McCord. Columbia, 1836-41. 
 
 The Public Laws of the State of South Carolina. John F. Grimk6, LL. D. 
 Philadelphia, 1790. 
 
 The History of South Carolina under the Proprietary Government. Edward 
 McCrady. New York, 1897. 
 
 The History of South Carolina, from its first Settlement in 1670, to the year 1808. 
 David Ramsay, M. D. Charleston, 1809. 
 
 History of Higher Education in South Carolina. Colyer Meriweather. Bureau 
 of Education. Circular of Information No. 3. 1888. 
 
 Education in South Carolina. Edward McCrady, jr. 'Collections of the His- 
 torical Society of South Carolina.^ Charleston, 1883. 
 
 NORTH CAROLINA 
 
 The Colonial Records of North Carolina. Edited by William L. Saunders. 
 Raleigh, 1886-90. 
 
 A Collection of all the Public Acts of Assembly of the Province of North Caro- 
 lina. (Davis' Revisal.) Newbern, 1752. 
 
 A Complete Revisal of all the Acts of Assembly of the Province of North Caro- 
 lina. (Davis' Revisal.) Newbern, 1773. 
 
 Beginnings of the Common School System in the South. Stephen B. Weeks, 
 Ph. D. Published in the Report of the Conunissioner of Education. 
 1896-97. 
 
 The Church and Private Schools of North Carolina. Charles Lee Raper. Greens- 
 boro, 1898. 
 
 GEORGIA (See Preface) 
 
 Education]in Georgia. Charles Edgeworth Jones. Bureau of Education. Cir- 
 cular of Information No. IV. 1888, 
 
GENERAL INDEX 
 
 Academical degrees: Corporation of 
 Harvard College empowered to con- 
 fer, 33; Trustees of Yale College, 
 123; Corporation of Yale College, 
 152; Trustees of Dartmouth College, 
 182; Fellows of College of Rhode 
 Island, 190, 194; Governors of the 
 College of the Province of New York, 
 269-70; Trustees of the Academy and 
 Charitable School of Philadelphia pe- 
 tition for power to confer, 304; peti- 
 tion granted, 307; Trustees of the 
 College of New Jersey empowered to 
 confer, 322, 330; Trustees of Queen's 
 College, N. J., 342; President of 
 Queen's College, N. C, 496. 
 
 Academy and Charitable School in the 
 Province of Pennsylvania: see Col- 
 lege, Academy and Charitable School 
 in the Province of Pennsylvania. 
 
 Albany: scholars at Latin School in 
 New Amsterdam, 213; schoolmasters 
 licensed, 223, 224; municipahty 
 grants teacher's license, 227 footnote 
 4; Governor Bellamont proposes edu- 
 cational scheme to Indians at, 231. 
 
 Amsterdam Chamber : see Dutch West 
 India Company. 
 
 Amsterdam, City of: to provide school- 
 house and schoolmaster for colonists 
 on the Delaware, 314, 315. 1 
 
 Amsterdam, Classis of: in charge of 
 colonial education, 198; correspond- 1 
 ence with Governor Stuyvesant about j 
 schoolmaster, 202; party in Reformed I 
 Dutch Church desirous of independ- ; 
 ence from, 336. ' 
 
 Analyzing : to be forwarded in Harvard 
 College, 42. 
 
 Anatomy: recommended by the Gen- 
 eral Court as a study in Harvard Col- 
 lege, 12. 
 
 Andros, Governor: appoints William 
 Hubbard rector of Harvard College, 
 32- 
 
 (S07) 
 
 Annapolis : free school at, 423 ; Epis- 
 copal convention at, 425 ; plan for a 
 college at, 437, 438, 439. 
 
 Antipoedo baptism : see Baptists. 
 
 Apprenticed: ignorant chUdren to be, 
 59, 68, 75, 80, 357 footnote i; in- 
 digent orphans to be, 355 footnote I, 
 408, 409, 480. 
 
 Apprentices : education of, 74-5, 78-80, 
 95, 112-13, 223, 355 footnote I, 408, 
 409, 479 footnote 2; provision against 
 false indenture of, 107; sent from 
 London to Virginia planters, 350-1 ; 
 Governor of Virginia charged with 
 oversight of, 351. 
 
 Appropriations: Cape Fishery to Ply- 
 mouth school, 7 footnote i ; ^^400 for 
 a college from General Court of Mas- 
 sachusetts, 7-8 ; Charlestown Ferry to 
 Harvard College, 9; Cambridge rate 
 to Harvard College, 1 8; ;^ioo annually 
 to Harvard College, 22; gratuity to 
 President Chaimcy, 26; to afflicted 
 son of President Chaunc)', 26 footnote 
 I ; for salary of President of Harvard 
 CoUege, 26, 31, 33, 34, 37, 39, 42, 44, 
 49 footnote 7, 51, 52, 54; to Gov- 
 ernor Bellamont in behalf of Harvard 
 College, 39 ; for President's house, 44, 
 52; for buildings at Harvard College, 
 45,56,57,58; to Marblehead as com- 
 pensation for the call of its minister 
 to Harvard College, 54; to faculty of 
 Harvard College, 54; for indemnity 
 of Harvard students, 57; to Mr, 
 Elliott for missionary work, 71 foot- 
 note I ; from Hartford to town school, 
 76 footnote I; from Windsor, Weth- 
 ersfield and Stratford to town school- 
 masters, 76 footnote I ; for fellowship 
 in Harvard College from General 
 Court of Connecticut, 77; for colony 
 school at New Haven, 84, 86, 88; of 
 surplus in Connecticut treasury to 
 county schools; to schools at Hart- 
 
So8 
 
 GtNEHAL INDEX 
 
 ford and New Haven, 96; at New 
 London and Fairfield, 97; of 40 s. 
 upon every ;£'l,ooo of taxable prop- 
 erty to Connecticut schools, 98, 
 108—9; '°f Indians' education in Con- 
 necticut, 113, 114, 115, 116, 117, 118; 
 to Yale College, 122, 125, 128, 138, 
 
 139. 144. 145. 146, 147-8, 153. 155' 
 156, 157, l6l, 162, 163; to Saybrook 
 school, 130; to Wethersfield and 
 Windham as compensations for the 
 call of their ministers to Yale College, 
 143, 145 ; to Indian school from New 
 Hampshire Legislature, 170; to Dutch 
 schoolmasters, 204, 205, 206 footnote 
 2, 218, 219, 221 ; from New York 
 Legislature to New York grammar 
 school, 234-s, 243-s, 247; to college, 
 253; to College, Academy and Chari- 
 table School of the Province of Penn- 
 sylvania from Proprietary Thomas 
 Penn, 310-1 1 ; to College of William 
 and Mary from William and Mary, 
 372,374,375; from Virginia Legisla- 
 ture, 379-80, 381 footnote 2, 387, 389, 
 392, 393, 402; from Maryland Legis- 
 lature to Swedish orphan, 409 foot- 
 note 2; to schools, 412, 413, 424, 
 425-6, 427; from South Carolina 
 Legislature to Provincial Library, 447; 
 to school teachers, 458, 461, 462,463, 
 464; for building parish schools, 465 ; 
 from North Carolina Legislature for a 
 public school, 483, 485; for school at 
 Newbern, 490-1 ; to Queen's College, 
 498. See Land Grants. 
 
 Baltimore, Lord : desirous of a school 
 in Maryland, 411. 
 
 Baptists: President Dunster a Baptist, 
 20; of Rhode Island plan for a col- 
 lege, 185; 22 trustees, 8 fellows and 
 president of College of Rhode Island 
 to be, 189, 190; Baptist Society of 
 Providence incorporated, 197; of Phil- 
 adelphia protest against Episcopal 
 Church, 297 footnote; professor in 
 College, Academy and Charitable 
 School of Pennsylvania a, 311. 
 
 Bath : library in, 479. 
 
 Beaufort : commissioners for school in, 
 
 477- 
 
 Belcher, Governor: promotes College 
 of New Jersey, 322, 332, 333, 334; 
 trustee of Harvard College, 332. 
 
 Bellamont, Governor : addresses Massa- 
 
 chusetts Assembly in support of Har- 
 vard College, 37, 38; instructions 
 about teachers' licenses to, 228; pro- 
 poses to educate New York Indians, 
 231 ; vacates lease of Kings Farm to 
 Trinity Church, 248. 
 
 Bequests: Rev. John Harvard to the 
 college at Cambridge, 8; Mr. Stough- 
 ton to Harvard College, 12; to Har- 
 vard College, schools, etc., provided 
 for by Massachusetts Legislature, 14 
 footnote I ; of Ezekiel Rogers to Har- 
 vard College, 55 footnote 2; Edward 
 Hopkins to education in Connecticut, 
 84, 87; to Hartford school, 96 foot- 
 note I; to help maintain schools in 
 Connecticut, 98; Robert Bartlet to 
 New London School, 99; Nicholas 
 Farrar to college in Virginia, 348 
 footnote I ; Benjamin Symms to 
 school in Elizabeth County, Va., 354, 
 396; Robert Boyle to Harvard Col- 
 lege and College of William and 
 Mary, 384 footnote 3; Henry Peas- 
 ley toschoolin Virginia, 399; Thomas 
 Eaton to school in Virginia, 403; in 
 South Carolina for a free school, 448; 
 for school at Childsbury, S. C, 474^ 
 476. 
 
 Bergen : controversy between town 
 government and schoolmaster,2l9-2i ; 
 sheriffs and schepens empowered to- 
 provide school-house, 226; ordered 
 to support schoolmaster, 226-7. 
 
 Berkeley, Sir William: a petition for 
 erection of schools, etc., in Virginia 
 recommendc-.i to, 358; objects to free 
 schools and printing, 359. 
 
 Bernard, Governor : approves of a col- 
 lege in western Massachusetts, 55; 
 names HoUis Hall, 56; sends message 
 to Legislature on the rebuilding of 
 Harvard Hall, 57. 
 
 Blair, James : missionary to Virginia, 
 359; commissary of Bishop of Lon- 
 don, 360; presents petition for a col- 
 lege charter to the King, 360-1; 
 named president of College of Will- 
 iam and Mary by Virginia Assembly, 
 364- 
 
 Books: bequeathed by John Harvard 
 to the college at Cambridge, 8 foot- 
 note 5 ; Corporation of Harvard Col- 
 lege to provide, 14, 57; to be pro- 
 cured for New Haven colony school, 
 84; schoolmaster Peck empowered to 
 
GENERAL INDEX 
 
 509 
 
 use, 89, 90; donated to the Collegiate 
 School (Yale College), 129 footnote 
 4, 130 footnote I; controversy about 
 removal of Yale College books to 
 New Haven, 130, 131-4; Dutch West 
 India Company provide public school- 
 master vifith, 208 footnote 3, 211, 213; 
 Governors of College of Nevf York 
 to appoint college text-books, 268; 
 laws of Pennsylvania to be among 
 text -books of colony schools, 280; to 
 be introduced by law into Pennsyl- 
 vania, 282; to be provided in College, 
 Academy and Charitable School of 
 the Province of Pennsylvania, 301 ; 
 to be supplied in College of William 
 and Mary, 392. 
 
 Boston : Elder, appointed an overseer 
 of Harvard College, 10; maintenance 
 of school in, 61 footnote I; 1,000 
 acres granted for school, 62; over- 
 seers of the poor empowered to ap- 
 prentice neglected children, 68. 
 
 Bowen, Governor : plans school system 
 for Providence, 196 footnote 3. 
 
 Brattle, Thomas : tutor at Harvard Col- 
 lege, 32. 
 
 Bray, Dr. Thomas: provides school- 
 masters and parochial libraries for 
 Maryland, 423; provides library for 
 South Carolina, 441,442,447; cata- 
 logue of Charleston Library to be sent 
 to, 444; a founder of the Society for 
 Propagating the Gospel, 457 footnote 
 I ; sends library to North Carolina, 479. 
 
 Brief : from Connecticut Assembly for a 
 collection for the conversion of the 
 colony Indians, 118, 119; for Rector's 
 house in Yale College, 139; for 
 divinity chair in Yale College, 157-8; 
 from George III. for a collection for 
 College of New York and College, 
 Academy and Charitable School of 
 Pennsylvania, 275, 310, 311; from 
 James I. for a college in Virginia, 
 
 348-9- 
 
 Brooklyn : support of schoolmaster in, 
 217-18. 
 
 Broughton, Lieutenant Governor : trus- 
 tee for Childsbury School, S. C, 474. 
 
 Brown University : see College of 
 Rhode Island. 
 
 Burlington : grant of Matininuck Island 
 for school at, 317. 
 
 Calvert, Governor : employs private 
 
 I teacher, 41 1; desirous of promoting 
 
 I school in Maryland, 411. 
 Cambridge : named by General Court 
 
 1 of Massachusetts, 8; Elder, appointed 
 
 I an overseer of Harvard College, 10 ; 
 
 I rate appropriated to Harvard College, 
 
 I l8; expelled students forbidden to 
 remain in, 27; Massachusetts Legisla- 
 
 I ture meets in, 56; support of school in, 
 
 ' 6i footnote i; 1,000 acres granted 
 for school, 62; grants land to Har- 
 
 j vard College, 85 footnote 3. 
 Catechising : to be performed weekly 
 
 I by parents and masters in Connecti- 
 
 ] cut, 74; inquiry in Connecticut re- 
 garding, 100; for Connecticut In- 
 dians, 113; v/eekly at Hampton, N. 
 H., 164 footnote i; of Governor 
 Stuyvesant's children, 213; desired at 
 New Harlem, 221 ; of Dutch School 
 children, 222; Elias Neau licensed 
 for, 237; for youth in South Caro- 
 lina, 471. 
 Catechism : Massachusetts Elders in- 
 structed to draw up a, 58 footnote 4. 
 Charitable : work of Roxbury grammar 
 school so-called, 63; donations in 
 Connecticut exempt from taxation, 
 95; contributions to conversion of 
 Lebanon Indians, 118, 119, 171; 
 donations to College of the Province 
 of New York in trust, 251; subscrip- 
 tions to the Academy and Charitable 
 School of Pennsylvania, 301 ; exporta- 
 tion of children to Virginia, 350; in- 
 tention of Henry Peasley in founding 
 free school in Virginia, 400; bequests 
 in South Carolina for a free school, 
 448; donors of libraries to South 
 Carolina, 456; Dorchester School, 
 476. 
 
 Charity : of people in England desired 
 for a college in Virginia, 358; of 
 members of Virginia Assembly di- 
 rected to a college, 358; scholarship 
 endowment in College of William 
 and Mary an act of, 388. See Schools. 
 
 Charleston : library at, 442, 447 ; gram- 
 mar school in, 457, 460, 466; school- 
 master at, 478. 
 
 Charlestown: ferry revenue granted to 
 to Harvard College, 9, 22; advanced 
 to President Chauncy, 23; Elder, 
 appointed an overseer of Harvard 
 College, 10; roads repaired by Har- 
 vard College, 53; support of school 
 
510 
 
 GENERAL INDEX 
 
 in, 6i footnote I ; looo acres granted 
 for school, 62. 
 
 Charlotte Hall : a consolidation of Mary- 
 land county schools, 437. 
 
 Charters : Harvard College, first charter 
 (1650), 12-15; appendix to charter 
 (1650), 23-4, 55; charter (1672), 
 26-7; charter (1692), 33, 34; charter 
 (1696;, 35; charter (1697), 35-6; 
 charter (1699), 37-8, 39; charter 
 (1650) revived, 43; Union School, 
 New London, 109-11; Collegiate 
 School or Yale College, 120-3, 140-2, 
 148-54; Dartmouth College, 171-84; 
 CoUegeof Rhode Island, 186-96; Re- 
 formed Dutch Church, 228; College 
 of Province of New York, 256-71; 
 appendix to above, 272-4; William 
 PennCharter School, 287-^4; Library 
 Company of Philadelphia, 299-300; 
 Academy and Charitable School of 
 Pennsylvania, 300-303; College, 
 Academy and Charitable School of 
 Pennsylvania, 303-308; College of 
 New Jersey, 322-32; Queen's Col- 
 lege, N. J., 336-47; College of WUl- 
 iam and Mary, 361-78; Queen's Col- 
 lege, N. C, 494-98. 
 
 Chauncy, Rev. Charles: President of 
 Harvard College, 23; granted 500 
 acres, 23 ; advanced £yi out of ferry 
 rates, 23; petitions for more liberal 
 salary, 24-5; receives ;^20 gratuity 
 from the General Court, 26. 
 
 Childsbury : school incorporated in, 473. 
 
 Church of England ; members petition 
 for representation on Board of Over- 
 seers of Harvard College, 53; Rector 
 Cutler converted to, 142; students at 
 Yale College, 158; S trustees of Col- 
 lege of Rhode Island to belong to, 
 1 89 ; President of College of Province 
 of New' York to belong to, 255, 258, 
 266; liturgy for College, 255, 269; 
 seminary needed in America, 277; 
 Baptists of Philadelphia protest 
 against, 297 footnote i ; teachers 
 of proposed school in Maryland to 
 belong to, 410; clergymen report on 
 schoolmasters in Maryland, 425; 
 schoolmasters of county schools in 
 Maryland to belong to, 432 ; Charles- 
 ton library in charge of ministers of, 
 442; master of free school at Charles- 
 ton to belong to, 453, 461 ; mission- 
 ary work of, 457 footnote I; students 
 
 in Charleston grammar school to be 
 instructed in religion of, 461 ; rector 
 in St. George's parish, S. C, appointed 
 commissioner of Dorchester school, 
 472; Bath library in charge of minis- 
 ter of, 480; schoolmaster at Newbem 
 to belong to, 490; Upper House of 
 North Carolina Legislature stipulate 
 that master of Edenton school should 
 belong to, 492, 493; President of 
 Queen's College to belong to, 496. 
 
 Clap, Rev. Thomas: Rector of Yale 
 College, 145; college charter of 1745 
 obtained by, 154; opposition to, 159. 
 
 Clinton, Governor, college lottery com- 
 missioners named without consulting 
 him, 250 footnote 3; commends 
 foundation of a college, 253. 
 
 College, Academy and Charitable School 
 of the Province of Pennsylvania: 
 grant of Philadelphia to, 300; first 
 charter of, 300-303; second charter 
 of. 303-308; attacked by Pennsyl- 
 vania Legislature, 309-10; subscrip- 
 tions in England for, 310-11; useful 
 as teachers' training school, 311; 
 stated to be non-sectarian by trustees, 
 
 3"- 
 
 College of New Jersey : synopsis of first 
 
 charter, 320-22 ; charter of 1 748, 322- 
 
 32; Governor Belcher interested in, 
 
 322, 333, 334; located at Princeton, 
 
 334; first building named Nassau 
 
 Hall, 335; lottery act for, 335. 
 
 College of the Province of New York : 
 
 lottery acts for, 248-52; appropriation 
 
 I to, 253; charters of, 256-71, 272-4; 
 
 ! Governors petition George III, 276. 
 
 I College of Rhode Island: charter of, 
 
 I 18&-96; located at Providence, 196. 
 
 i College of William and Mary : charter 
 
 1 of, 361-78; site of, 378-9; appropri- 
 
 i ations to, 379-81, 387-8, 389-93, 402- 
 
 ! 3; location of capitol at VViUiams- 
 
 I burg advantageous to, 384; in debt, 
 
 I 390; preparatory schools in Maryland 
 
 \ for, 413; Maryland schoolmaster sent 
 
 : to,4i5; Maryland youth attend,437-8. 
 
 Colman, Rev. Benjamin : desired by 
 
 ! Governor Shute to continue in Cor- 
 
 ] poration of Harvard College, 47; 
 
 1 elected President by the Overseers, 
 
 j 50; opposed by Lower House, 50-1. 
 
 Columbia University : see College of the 
 
 I Province of New York. 
 
 Commissioners of the United Colonies: 
 
GENERAL INDEX 
 
 5" 
 
 active in behalf of Harvard College, 
 n, 15, 17 footnote i, 73, 77, 80 foot- 
 note 2; charged with education of 
 the Indians, 70 ; provide for education 
 of a Connecticut Pequot, 1 1 1 footnote 
 3; encourage conversion of Indians, 
 112 footnote I. 
 
 Congregationalists : ministers in New 
 Hampshire petition Governor Went- 
 worth for college charter, 169; con- 
 troversy with Baptists about Rhode 
 Island College, 186; four trustees of 
 the College to be, 189. 
 
 Connecticut Hall : lottery for building, 
 »S4-i; grants to, 155, 156, 157; 
 named, 156. 
 
 Combury, Governor : recommends pub- 
 lic school to New York Assembly, 232; 
 teachers' licenses granted by, 236, 237 ; 
 plans for a college, 248. 
 
 Corporation of Harvard College: see 
 Harvard College. 
 
 Craven, Governor Charles : appointed on 
 Library Commission of South Caro- 
 lina, 455; on commission of Charles- 
 ton grammar school, 459, 460. 
 
 Curricula: colony school of New 
 Haven, 85, 88, 89, 90; schools of 
 New Haven jurisdiction, 86, 88; Con- 
 necticut schools, 94, 96, 97, 98; New 
 Hampshire schools, i66; College of 
 Rhode Island, 194; Dutch schools, 
 207; New York schools, 235, 236, 
 241 ; College, Academy and Chari- 
 table School of Pennsylvania, 309; 
 College of William and Mary, 363; 
 Charleston grammar school, 457, 463. 
 
 Cutler, Rev. Timothy: petitions to be 
 made an overseer of Harvard College, 
 53; approved Rector of Yale Col- 
 lege, 136—7; exempted from taxation, 
 139; converted to Church of England, 
 142. 
 
 Dartmouth College : established at Han- 
 over, 170; charter, 171-84; road to, 
 184. 
 
 Davenport, Rev. Mr. : on committee for 
 a college at Newtown, 8; encourages 
 foundation of college in Connecticut, 
 80 footnote 2, 82 footnote 2, 84; ap- 
 pointed to order school at New 
 Haven, 83 footnote i; to approve 
 books for colony school, 84; trustee 
 of Hopkins endowment, 85, 87, 96 
 footnote I; on school committee of 
 
 colony school, 88, 90; upbraids New 
 Haven about colony school, 91 foot- 
 note I; related to Mr. Pierpont, a 
 founder of Yale College, 120 foot- 
 note I. 
 
 Dedham: school in, 61 footnote i. 
 
 Diet : of students in Harvard College to 
 be improved, 19; allowed to presi- 
 dents of English universities, 25. See 
 Indians. 
 
 Dinwiddle, Governor : addresses presi- 
 dent and masters of College of Wil- 
 liam and Mary, 393-4; reports on 
 College to Bishop of London, 394. 
 
 Divinity chair: in Harvard College, 54; 
 in Yale College, 157-8, 160; in Col- 
 lege of the Province of New York, 
 272-4; in Queens College, 343. 
 
 Dobbs, Governor : interested in educa- 
 tion of North Carolina, 484, 485 ; re- 
 commends erection of schools to the 
 Assembly, 485, 486, 487, 488-9. 
 
 Donations : to Harvard College, schools, 
 etc., provided for by Massachu- 
 setts Legislature, 14 footnote i; to 
 schools, etc., exempt from taxation 
 in Connecticut, 95 ; to the Collegiate 
 School or Yale College, 125 footnote 
 4, 129 footnote 4, 130 footnote I, 
 142, 148, 156; of school land to 
 New Utrecht, 23c; to Indian College 
 in Virginia, 348 footnote i ; to free 
 school in Annapolis, 423, 439; of 
 parochial libraries to South Carolina, 
 456; for a free school in South Caro- 
 lina, 456; to Society for Propagating 
 the Gospel, etc., 457 footnote I. See 
 Subscriptions. 
 
 Dongan, Governor: royal mstructions 
 about teachers' licenses given to, 227; 
 recommends Jesuit school, 248. 
 
 Dorchester, Mass. ; Elder, appointed an 
 overseer of Harvard College, lo; sup- 
 port of school in, 61 footnote i. 
 
 Dorchester, S. C. : incorporation of 
 school in, 466-72. 
 
 Dover: rate for schoolmaster at, 164 
 footnote I; contributes to Harvard 
 College, 1 64 footnote i ; exempted 
 from school tax, 165. 
 
 Dudley, Deputy Governor : on commit- 
 tee for a college at Newtown,, 8. 
 
 Dudley, President : reorganizes govern- 
 ment of Harvard College, 32; desirous 
 of obtaining charter for college, 43 
 footnote 4. 
 
512 
 
 GENERAL INDEX 
 
 Duke's Laws : educational provision of, 
 223; introduced into Delaware, 315. 
 
 Dunster, Rev. Henry: appropriation 
 from General Court of Massachusetts 
 for house of, 8 footnote I ; first presi- 
 dent of Harvard College, 9, 13; ne- 
 gotiates about Charlestown ferry, 9 
 footnote 7; appeals to Commissioners 
 ' of United Colonies, 11, 15 footnote 3, 
 77; to General Court of Massachu- 
 setts, II, 12, 20, footnote 3; indicted 
 for heterodoxy and forced to resign 
 from presidency, 20, 21. 
 
 Dutch West India Company : responsi- 
 ble for colonial education, 198, 199; 
 sends schoolmaster to New Amster- 
 dam, 202, 208 footnote 3; not bound 
 to build school house in New Amster- 
 dam, 203; appropriates city tavern 
 for a school, 204; establishes Latin 
 school, 210, 211, 215, 216; agrees to 
 support of schoolmaster on the Dela- 
 ware by City of Amsterdam, 314. 
 
 Duties ; contributions from New Haven, 
 Connecticut and Plymouth to Har- 
 vard College free from, 12. See Ap- 
 propriations, Excise duties, Taxes. 
 
 East India Free School : Subscriptions 
 to> 351.353; dependent upon college 
 in Virginia, 352; land grant to, 353; 
 planters charged with support of, 
 353; school master for, 353—4. 
 
 Eaton, Governor Theophilus : compiles 
 New Haven code of laws, 78 footnote 
 4; refers to establishment of a college 
 at New Haven, 81-2; related to Ed- 
 ward Hopkins, 84 footnote 4; trustee 
 of Hopkins endowment, 85. 
 
 Eaton, Nathaniel: superintendent of 
 Harvard College, 9; discharged and 
 fined for abuse of scholars, 9. 
 
 Eden, Governor: recommends estab- 
 ment of a college in Maryland, 440. 
 
 Edenton : Acts for school in, 4S2, 
 
 492-3- 
 
 Episcopal Church : See Church of Eng- 
 land. 
 
 Excise duties : appropriated to town 
 schools in Connecticut, 109; to Yale 
 College, 139, 144, 161, 162; to pay- 
 ment of schoolmasters' salary, etc., in 
 New Amsterdam, 204; to College of 
 the Province of New York, 253; to 
 College of William and Mary, 389-90, 
 392j 393; to free schools in Maryland, 
 
 412-13; to Newbern School, 490-1 ; 
 to Queen's College, 498; school- 
 master Pietersen refuses to pay, 212 
 footnote 2. See Fines. 
 Exeter : contributes to Harvard College, 
 164 footnote I. 
 
 Fairfield : land grant to grammar school 
 at, 92; remoter inhabitants petition 
 to be free from town school tax, 94, 
 95; £zo appropriated to grammar 
 school by the General Court, 97; 
 grammar school to be constantly 
 maintained, 97. 
 
 Farmington : no school records before 
 1650, 76 footnote I ; Indian school at, 
 
 US- 
 Fees, tuition : committee of general court 
 to look into income to Harvard Col- 
 lege from, 18; to be paid by parents 
 or masters for support of town schools 
 in Massachusetts, 61 ; in Connecticut, 
 76; support of schools in Cambridge 
 and Ipswich by, 61 footnote i; in 
 Hartford, Wethersfield and Stratford, 
 76 footnote I ; in New Haven colony 
 schools, 83; shortage in income of 
 Connecticut schools to be made up 
 by, 98 ; to be paid in New Amsterdam 
 to public schoolmaster, 206, 212; of 
 English schoolmaster at Albany not 
 to be greater than those of Dutch 
 schoolmaster, 224 ; Trustees of College 
 of the Province of New York directed 
 to report on, 253; of College of New 
 York handed over to Governors of the 
 college, 275; at Enoch Flower's 
 school in Philadelphia, 281-2; for 
 rich children in Academy and Chari- 
 table School of Pennsylvania, 301, 
 309; in East India Free School in 
 Virginia, 353; in grammar school of 
 Charleston, 45S, 462, 463. 
 Fellowship : established in Harvard 
 College by the General Court of Con- 
 necticut, 77. 
 Female Education: See Girls' Educa- 
 tion. 
 Fines: misdemeanor of Harvard stu- 
 dents punishable by, 23, 27; select- 
 men failing to bring in subscriptions 
 to Harvard College, subject to, 30; 
 selectmen failing to enforce children's 
 education in Massachusetts subject 
 to, 59; parents and masters failing to 
 report to selectmen subject to, 59; for 
 
GENERAL INDEX 
 
 SI3 
 
 breaking Massachusetts school laws, 
 62, 63, 64, 65, 67-8; for breaking 
 excise law in Massachusetts appropri- 
 ated to town schools, 65 ; for neglect- 
 ing to assess taxes in Massachusetts 
 appropriated to town schools, 66; for 
 teaching without license in Massachu- 
 setts, 57; exacted at the Massachu- 
 setts Court for Indians, appropriated 
 to Indian education, 71 footnote i; 
 for breaking school laws in Connecti- 
 cut, 74, 76. 79, 80, 93-4, 96, 98; for 
 teaching without license in Connecti- 
 cut, 107 ; for failure to instruct Indian 
 apprentices in Connecticut, 113; for 
 breaking school laws in New Hamp- 
 shire, 165, 167, 168; in Pennsylvania, 
 281,283; for breaking customs laws, 
 appropriated to College of William 
 and Mary, 391 ; upon negligent tax 
 collectors, appropriated to College of 
 William and Mary, 402-3 ; for break- 
 ing customs laws in Maryland, appro- 
 priated to schools, 424, 426; for 
 refusing to serve as visitor in Maryland 
 county schools, appropriated to school 
 fund, 434; negligence of register of 
 King William's School punishable by, 
 437; failure to attend meetings of j 
 Provincial Library Commissioners of i 
 South Carolina punishable by, 455; ! 
 also of Charleston School Commision, | 
 459, 460; also of Dorchester School 1 
 Commission, 470 ; incurred by settlers | 
 at Beaufort, appropriated to school, ! 
 
 477- j 
 
 Franklin, Benjamin : promotes library 
 
 in Philadelphia, 299; trustee of [ 
 
 Academy and Charitable School of 
 
 Pennsylvania, 301. 
 
 Frederick County : Act for schools in, ' 
 
 436. ; 
 
 Free Education : provided for 20 youths . 
 
 inNew York grammar schools, 241— 2; ; 
 
 ordered for orphans in Virginia, 355, | 
 
 footnote I; in Maryland, 408, 409; 1 
 
 free schooling for poor children in [ 
 
 Maryland, 435. See Schools. | 
 
 Girls' education: in industry, 59, 355 I 
 footnote I, 356; poor girls in Massa- 1 
 chusetts to be taught reading, 59 foot- j 
 note I; in Connecticut, 75, 80; in I 
 Hampton, N. H., 164, footnote i ; not I 
 provided for by New York grammar 1 
 school, 234; provided for in William ! 
 
 Penn Charter School, 284, 287, 289; 
 in College, Academy and Charitable 
 School of Pennsylvania, 309; educa- 
 tion of the orphan Wadden Hanse in 
 Maryland, 409 footnote 2. 
 Guilford: willing to co-operate in es- 
 tablishing a college in Connecticut, 
 80 footnote 2; appropriates school 
 house to colony school, 84; a possible 
 site for colony school, 86. 
 
 Hampshire county : inhabitants petition 
 Massachusetts Assembly for college 
 charter, 55. 
 
 Hampton : schoolmaster at, 164 foot 
 note I. 
 
 Hart, Covernor : convention of Epis- 
 copal clergy called at Annapolis by, 
 425. 
 
 Hartford : town school in, 76 footnote 
 I; 600 acres granted to grammar 
 school, 92; annual grant to colony 
 school at, 96; grammar school to be 
 constantly maintained at, 97; estab- 
 lishment of the Collegiate School 
 (Yale College) desired at, 125, 126; 
 compensated for loss of college, 130. 
 
 Harvard College: established at Cam- 
 bridge, 8 ; Overseers appointed by the 
 General Court, 10, 21; powers, 10, 
 14, 20, 22, 23-4,47; advised by Gen- 
 eral Court to write to church elders 
 for -voluntary contribution to College, 
 16; empowered to dismiss President 
 Dunster, 20-1 ; charged by General 
 Court with superintendency of ortho- 
 doxy and morality of college teachers, 
 21; provision for a president's house 
 referred by General Coiurt to, 23, 25; 
 advised by General Court to end dis- 
 agreements in College, 27-9; petition 
 Massachusetts legislature for enlarge- 
 ment of corporation, 47; oppose 
 ecclesiastical liberality in corporation, 
 47-8; petition General Court for 
 President Colman's salary, 50, 51; 
 Episcopalian clerg>'men petition to be 
 made, 53-4; remonstrate against es- 
 tablishment of a western college, 55; 
 petition General Court for a new 
 building, 56-7; poor scholars at, 11; 
 Massachusetts colony in debt to, 11; 
 Corporation established by General 
 Court, 13; powers and privileges, 13- 
 15; petition General Court, 15, 17, 
 20 footnote 3, 36, 42, 45, 48, 52 foot- 
 
SH 
 
 GENERAL INDEX 
 
 note I, 55 footnote 2; advised by 
 General Court to write to church 
 elders for voluntary contributions to 
 College, i6; salaries to be appor- 
 tioned by Overseers, 20, 22, 47; em- 
 powered to punish students, 23; made 
 less dependent upon Overseers, 23-4 ; 
 powers enlarged, 26-7, 33 ; vice-presi- 
 dent added to, 35; Councillors ap- 
 pointed members of, 37; orthodoxy 
 required of, 38; advised by General 
 Court to cut down college vacation, 
 46; fellows not to be Overseers, 47 ; 
 quarrels with tax assessors, 54; em- 
 powered to sell real estate, 55 ; dedi- 
 cation of Bachelors' theses condemned 
 by Lower House, 49; contribution 
 ordered in Connecticut for, 73; fel- 
 lowship founded by General Court of 
 Connecticut in, 77; stated in New 
 Haven to be in disturbed condition, 
 80 footnote 2; difficult to send stu- 
 dents from New Haven to, 86; grad- 
 uates to have the benefit of Connecti- 
 cut laws for the support of the minis- 
 try, 108; founders of Yale College, 
 graduates of, 120 footnote I; Gov- 
 ernor Belcher of New Jersey, Overseer 
 of, 332. 
 
 Harvard Hall: Massachusetts Legisla- 
 ture assemble in, 56; appropriation 
 for rebuilding of, 57, 58. 
 
 Harvard, Rev. John : makes a bequest 
 to the college at Cambridge, 8. 
 
 Hempstead : ordered by pay school- 
 master, 225; sheriffs and schepens 
 empowered to provide schoolhouses, 
 225; grants 100 acres for a free 
 school, 232; license for schoolmaster 
 at, 237. 
 
 Highway summons : Connecticut school- 
 masters exempted from, 93; tutors, 
 students and servants of Yale College 
 exempted from, 153. 
 
 Hoar, Dr. : salaried by General Court 
 as President of Harvard College, 
 26; obtains new college charter, 26; 
 allowed by General Court to draw 
 upon college funds for repair of his 
 house, 27; salary decreased, 29; re- 
 signs from presidency, 29. footnote I. 
 
 HoUis Kail : named by Governor Ber- 
 nard, 56; appropriations to, 56; rents 
 of, 56, 57- 
 
 Hopkins Grammar School : income and 
 administration of, 96 footnote i . 
 
 Indians: education provided for in 
 charter of Harvard College, 12; pro- 
 vided for at Harvard College by So- 
 ciety for Propagating the Gospel in 
 New England, 15, 16 footnote 2, 70; 
 Secretary of Massachusetts reports 
 on, 70-1 ; at Hassanico, Massachu- 
 setts, 7 1 ; Society for Propagating 
 Christian Knowledge among the 
 Indians of North America, 71; to 
 be taught the gospel in Connecticut, 
 III; John Mynor, a Pequot, to be 
 sent to Hartford school. III; educa- 
 tion recommended by General Court 
 of Connecticut, 112; apprentices to 
 be taught to read English and in- 
 structed in religion, 112, 113; grants 
 from Connecticut General Court for 
 diet and schooling of, 113. 114, 115, 
 116, 117; contributions ordered in 
 Connecticut for, 116, 117, 118, 119; 
 education at Stockbridge of, 117-18; 
 college for, 171-84; Governor Bella- 
 mont of New York proposes to edu- 
 cate, 231 ; Elias Neau licensed to 
 catechize, 237 ; Swedish ministers and 
 schoolmasters to convert, 313; College 
 of New Jersey proper to furnish mis- 
 sionaries to, 334; provision for college 
 in Virginia for, 348-50, 351; College 
 of William and Mary to christianize, 
 361, 381 footnote 2; education at 
 College of William and Mary, 384-6; 
 Society for Propagating the Gospel in 
 Foreign Parts charged with conver- 
 sion of, 457 footnote I, 484. 
 
 Industrial education : to be enforced by 
 selectmen in Massachusetts, 59; like- 
 wise in Connecticut, 74-5; ordered 
 by Pennsylvania Legislature, 281, 283, 
 309; for Indians in Virginia, 348 
 footnote I, 385 footnote 2; for Lon- 
 don children in Virginia, 350-1 ; Gov- 
 ernor of Virginia charged with, 351; 
 plan in Virginia for, 355-7; for or- 
 phans in Virginia, 355 footnote I; 
 also m Maryland, 407, 408; also in 
 North Caro'ina, 480; proposed for 
 neglected children in North Carolina, 
 
 485- 
 Inspection : of Harvard College, 34, 35, 
 37> 39 footnote l; of New Haven 
 colony school, 85; of Connecticut 
 Colony schools, 96; of Connecticut 
 town schools, 100, 106, 107; of New 
 Y^ork grammar school, 242; of William 
 
GENERAL INDEX 
 
 SI5 
 
 Penn Charter School, 293; of paro- 
 chial libraries in Maryland, 423. See 
 Library and School Trustees. 
 Ipswich : support of school in, 6l foot- 
 note I. 
 
 Jamaica: license of schoolmaster at, 
 
 237. 238. 
 Jesuit school: advocated by Governor 
 
 Dongan of New York, 248. 
 Johnson, Samuel: named President of 
 
 College of Province of New York, 261 ; 
 
 hears of opposition to College, 276; 
 
 condemns illiberality of government 
 
 towards religion and education, 276 
 
 footnote 3. 
 Johnston, Governor Gabriel: addresses 
 
 North Carolina Assembly on necessity 
 
 of education, 480—1, 482, 483. 
 
 Kent County : visitors of school in, 428; 
 administration of school in, 435. 
 
 Killingsworth : students of the Colleg- 
 iate School (Yale College) at, 123, 
 125 footnote 4. I 
 
 King's College : See College of the Pro- 1 
 vince of New York. | 
 
 King William's School : first free school 1 
 in Maryland chartered as, 416; dona- 
 tions to, 423, 439 ; appropriations to, 
 424; Act for administration of, 437. 
 
 Land grants: from General Court of 
 Massachusetts to Nathaniel Eaton, 9; 
 to Harvard College, 17, 18, 32; to 
 President Chauncy, 23 ; from Dedham 
 to free school, 61 footnote i; for 
 grammar schools at Charlestown, Cam- 
 bridge, Roxbury, Boston, 62; from 
 Cambridge to Harvard College, 85 
 footnote 3; from General Court of 
 Connecticut to grammar schools of 
 Hartford, New London, New Haven, 
 Fairfield, 92-3; to town schools, 103; | 
 to parish school of Wintonbury, lo8; | 
 to Yale College, 144; from government ! 
 of New Hampshire to town schools, j 
 168-9; from Governor Wentworth of j 
 New Hampshire to Dartmouth Col- 
 lege, 170 footnote 5; from Newport 
 , and Providence to town schools, 196 
 footnote 3; from Director General 
 and Council of New Netherlands for 
 school in Midwout, 216; from Pro- 
 prietary Thomas Penn to College, | 
 Academy and Charitable School of i 
 
 Pennsylvania, 310; from West Jersey 
 Legislature for school at Burlington, 
 317; from the London Company for 
 Indian College in Virginia, 350; to 
 East India Free School, 353; firom 
 William and Mary to College of Will- 
 iam and Mary, 376-7. 
 Letters: General Court of Massachu- 
 setts to the colony towns, 29 foot- 
 notes 2 and 3; Increase Mather to 
 Lieutenant Governor Stoughton, 37, 
 40; Court of New Haven jurisdiction 
 to towns, 81-2; Mr. Davenport to 
 Edward Hopkins, 84 footnote 4; Di- 
 rector General Stuyvesant to Classis 
 of Amsterdam, 202; Dutch West 
 India Company to Stuyvesant, 202, 
 204,208 footnote 3, 210, 211, 212-13; 
 Director General Stuyvesant and 
 Council to Company, 211-12; Burgo- 
 masters of New Amsterdam to Com- 
 pany, 211 footnote 2; Society for 
 Propagating the Gospel in Foreign 
 Parts to Governor Montgomery, 238; 
 Lieutenant-Governor Qarlce to the 
 Board of Trade, 246—7; Governor 
 Hardy to the Board of Trade, 275 
 footnote 4; Archbishop Seeker to 
 President Johnson, 276; President 
 Johnson to Archbishop Seeker, 276 
 footnote 3; Lieutenant-Governor Col- 
 den to Governor Tryon, 276-7; Arch- 
 bishop of Canterbury, etc., to trustees 
 of College, Acadmy and Charitable 
 School of Pennsylvania, 31 1 ; Gover- 
 nor Belcher to Aaron Burr, 322, 334; 
 to James Logan, 322; to a trustee of 
 College cf New Jersey, 332 ; to Colonel 
 Alford, 333, 334; Commissary Blair to 
 Governor Nicholson, 360; William 
 HI. to Governor of Virginia, 381 foot- 
 note 2; Governor Spotsvifood to Mr. 
 Blathwayt, 384, 386-7; to the Board 
 of Trade, 385, 388-9; to Lord Dart- 
 mouth, 385; to the Bishop of Lon- 
 don, 385-6; to the Rev. Francis Fon- 
 taine, 387 ; Governor Calvert to Lord 
 Baltimore, 41 1; Maryland Assembly 
 toBisbopof London,4i3-i4; to Arch- 
 bishop of Canterbury, 418; Governor 
 Nicholson to Archbishop of Canter- 
 bury, 414; Governor Sharpe to Lord 
 Baltimore, 438-9, 438 footnote i; 
 Cecilius Calvert to Governor Sharpe, 
 439; George Vaughan to Governor 
 Dobbs, 484; Governor Dobbs to 
 
5i6 
 
 GENERAL INDEX 
 
 Board of Trade, 485, 486, 487, 488; 
 to Society for Propagating the Gospel, 
 etc., from missionary Reed, 489 foot- 
 note 3; from Governor Tryon, 489 
 footnote 3; Governor Tryon to Lord 
 Hillsborough, 492. 
 
 Leverett, John : tutor at Harvard Col- 
 lege, 32; chosen President by the 
 Corporation, 42; accepted by the 
 Council, 42-3; memorializes Assem- 
 bly for increase of salary, 44; death 
 of, 49. 
 
 Liberty: learning promotes civil and 
 religious, 69. 
 
 Library : origin of Harvard College, 8 
 footnote 5; Province laws, etc., pre- 
 sented by Massachusetts Legislature 
 to Harvard College, 57 footnote 6; 
 plan for New Haven, 85; Yale Col- 
 lege, 129, 130, 161; Society for Pro- 
 pagating the Gospel, etc., presents 
 New York with, 238-9; Library Com- 
 pany of Philadelphia, incorporated, 
 299-300; parochial libraries in May- 
 land, 423; Act for Provincial Library 
 of South Carolina, 442-47; appro- 
 priation from Carolina Legislature for 
 library catalogue, 447; accommoda- 
 tions for Library, 447; additional Act 
 for Provincial,455-6; parochial libra- 
 ries in South Carolina, 455, 456; 
 society incorporated, at Charleston, 
 477; secured in North Carolina by 
 act of legislature, 479- 80. 
 
 License : Nathaniel Eaton forbidden to 
 teach without, 9; required of gram- 
 mar schoolmasters in Massachusetts, 
 65-6; of primary school teachers 
 66-7 ; of all teachers in Connecticut, 
 106-7; of Dutch school masters, 206, 
 207, 208, 210; granted to school 
 masters by New York Governors, 
 223-4, 228-31, 235-6; required of 
 school teachers in New York, 227-8, 
 233, 235, 236-8; of Thomas Meaking 
 of Philadelphia, 286; of all school 
 teachers in New Jersey, 335; of 
 school master at Norfolk, 395; at 
 Elizabethtown, 398, 404; at parishes 
 of Ware and Abingdon, 401-2; 
 teaching in Maryland without, 425; 
 required for parish schoolmasters in 
 South Carolina, 464; for schoolmaster 
 at Newbern, 490; at Edenton, 493; 
 for President of Queen's College, 
 496. 
 
 Locke, John : advocate of private in- 
 struction, 441 footnote I. 
 
 Long Island : district court authorized 
 to build schools, etc., 204; towns 
 petitition concerning schools and 
 schoolmasters, 216, 217, 218. 
 
 Lottery : Act for Harvard College, 
 58; for new building in Yale 
 College, 154-5; for New Haven 
 Long Wharf, 162; for school house 
 in East Greenwich, 197; for college 
 in New York, 248-50, 253; College, 
 Academy and Charitable School of 
 Pennsylvania supported by, 309-10; 
 Act for schoolhouse of German Luth- 
 eran Church, Lancaster County, 
 Pennsylvania, 312; for schoolhouse 
 of High Dutch Reformed Congrega- 
 tion, Pennsylvania, 312; for school- 
 house of St. Peter's Church in Perth 
 Amboy, 335; for College of New 
 Jersey, 335. 
 
 Lovelace, Governor Francis: grants 
 teacher's license, 224; enforces pay- 
 ment of Hempstead schoolmaster, 225. 
 
 Lutheran Church ; one of the Governors 
 of the College of the Province of New 
 York a minister of, 259; lottery Act 
 for schoolhouse of, 312. 
 
 Maine : land granted by General Court 
 of Massachusetts to Harvard College, 
 32. 
 
 Massachusetts Hall : committee on 
 building, 45; appropriations to, 45; 
 built by order of Massachusetts Legis- 
 lature, 46; rents of, 50, 51-2, 54. 
 
 Mather, Increase : offered presidency 
 of Harvard College, 31; appointed 
 rector of the College, 32; sent to 
 England for a charter, 32; influential 
 with Provincial Assembly, 33 ; contro- 
 versy about residence at Cambridge 
 of, 33, 34, 37, 4°. 41 ; drafts a new 
 college charter, 35; cited by Gover- 
 nor Belcher as an example for the 
 President of College of New Jersey, 
 334- 
 
 Mather, Samuel : fellow of Harvard 
 College, 13. 
 
 Medicine: anatomy to be studied at 
 Harvard College by students of, 12. 
 
 Middletown: school committee ap- 
 pointed by Connecticut General Court 
 for, 104; voted a proper site for the 
 Collegiate School (Yale College), 127. 
 
GENERAL INDEX 
 
 517 
 
 Milford : williDg to help establish a col- 
 lege in Connecticut, 82; schoolmaster 
 provided for, 83; entitled to bid for 
 colony school, 86. 
 
 Military service : Corporation, scholars 
 and servants of Harvard College ex- 
 empt, 15; schoolmasters exempt in 
 ilassachusetts, 65; in Connecticut, 
 93; rector, tutors, and students of 
 Yale College exempt, 145, 153; school- 
 masters in Rhode Island exempt, 185 ; 
 instructors and students of College of 
 Rhode Island exempt, 195; school- 
 masters in Virginia exempt, 389 ; presi- 
 dent, masters, professors and students 
 of College of William and Mary 
 exempt, 389. 
 
 Military training : ordered for youth in 
 Massachusetts, 60. 
 
 Moore, Governor : trustee of Provincial 
 Librar)' of Carolina, 445. 
 
 Moral instruction : one of the objects of 
 Harvard College, 10; Council of 
 Pennsylvania to attend to, 278-9, 280; 
 object for establishing a school in 
 Maryland, 410 j of social conse- 
 quence, 480. 
 
 Morality: learning promotes, 66, 69, 
 240, 300, 493; Common Council of 
 East Jersey to attend to, 318. 
 
 Negroes: Elias Neau licensed to cate- 
 chise, 237; taxed in Maryland for 
 school fund, 425—6; school ii> Mary- 
 land for, 438 footnote i ; Society for 
 Propagating the Gospel in Foreign 
 Parts charged with conversion of, 457 
 footnote I; North Carolina Legisla- 
 ture propose to tax negroes for the 
 benefit of a seminary, 484. 
 
 New Amstel : See New Castle. 
 
 New Amsterdam: burgomasters under- 
 take to pay salary of schoolmaster, 
 204-5; petition for retention of 
 schoolmaster Corlaer, 206—7 > petition 
 in behalf of Dr. Luyck as Latin school- 
 master, 215; petition for school lot, 
 219. 
 
 Newbern: Acts for school in, 489, 
 490-1. 
 
 New Castle: school at, 315; school 
 land invested in trustees, 316. 
 
 New Haven : town court arranges for a 
 contribution to Harvard College, 80 
 footnote 2; plan for a college at, 81, 
 82, 86, 87; schoolmaster at, 83; con- 
 
 tribution to colony school from, 85, 
 86; colony school at, 88-91, 92, 96; 
 to pay part of colony schoolmaster's 
 salary, 97; Collegiate School (Yale 
 College) located at, 126, 127; wharf- 
 age appropriated to Yale College, 
 162. 
 
 New London : 600 acres granted to 
 grammar school at, 92; ;^20 appro- 
 priated to grammar school at, 97; 
 grammar school ordered to be con- 
 stantly maintained at, 97; trustees ap- 
 pointed by General Court for Latin 
 school, 99 ; Deputies petition Legisla- 
 ture to reorganize school committees, 
 104; Neck and Nahantick societies 
 granted school privileges, 105; West 
 School Society petitions to be divided, 
 108; grammar school committee peti- 
 tions to sell school land, 108; Union 
 School chartered by Legislature, 109— 
 II. 
 
 Newport: plan for a Baptist college 
 drawn up at, 185; residents petition 
 for a college charter, 196; school at, 
 196 footnote 3. 
 
 New Rochelle : license of schoolmaster 
 at, 237. 
 
 Newtown : college located at, 8 ; name 
 changed to Cambridge, 8. 
 
 New York City : school established by 
 law in, 233-5, 240-5, 246; Common 
 Council empowered to recommend 
 public schoolmaster, 233, 235; peti- 
 tions Governor Combury to provide 
 schoolmaster, 235 ; desires appropria- 
 tion of King's Faim to school, 235; 
 appoints Andrew Clark schoolmaster, 
 236 footnote I ; Mayor and Common 
 Council undertake to provide library 
 accommodations, 239; Mayor ap- 
 pointed a trustee of college lottery 
 fund, 25 1 ; named a governor of the 
 College of the Province of New York, 
 259. See New Amsterdam. 
 
 Nicholson, Governor Francis: corre- 
 sponds with Commissary Blair about 
 College of William and Mary, 360-1 ; 
 elected trustee of College by Virginia 
 Assembly, 361; promoter of College, 
 381 footnote 2; proposes building of a 
 free school to Maryland Assembly, 
 411, 412,416; thanked by Assembly 
 for his interest in religion and educa- 
 tion, 413; trustee of King William's 
 School, 416; contributes to School, 
 
Si8 
 
 GENERAL INDEX 
 
 423; donor of parochial libraries to 
 South Carolina, 456. 
 
 Non-sectarianism : provided for in Col- 
 lege of Rhode Island, 193 4 : College, 
 Academy and Charitable School of 
 Pennsylvania, 311. 
 
 Norfolk : officials empowered by ViJ- 
 ginia Legislature to provide for school 
 in, 395- 
 
 Oratory: taught in the colony school 
 of New Haven, 89. 
 
 Orphans : to be taught reading, writing 
 and some trade or skill in Pennsylva- 
 nia, 281, 283; to be educated in 
 Christianity and in the rudiments of 
 learning in Virginia, 354—5; to be 
 given a free education or trained to 
 some trade in Maryland, 408-9; like- 
 wise in North Carolina, 480. 
 
 Parents: of Harvard scholars to keep 
 them in the colony, 17 footnote i; 
 responsible for children's education, 
 59, 66, 74, 78-9, 95-6, 223, 281, 283; 
 to pay schoolmasters in Massachusetts, 
 61; also in Connecticut, 76; neglect- 
 ful of children's education, 68; au- 
 thority of, 93 footnote 4, 223; to 
 be informed of punishment of their 
 sons at Yale College, 1 60; to direct 
 instruction of schoolmaster at Dover, 
 164 footnote I; to reward school- 
 master at New Amsterdam, 212; in- 
 struct their children in Virginia, 359; 
 orphans in Maryland to be educated 
 in religion of their, 408-9. 
 
 Patroons : of New Netherlands, to sup- 
 port schoolmasters, 198-9; of Dela- 
 ware, to support schoolmasters, 313. 
 
 Penn, William : views on relation of 
 government to education, 279 foot- 
 note I. 
 
 Petitions : President Dunster to the Gen- 
 eral Court of Massachusetts, 9 foot- 
 note 7, II, 12,20 footnote3; to Com- 
 missioners of the United Colonies, 
 II, 15 footnote 3; Corporation of 
 Harvard College to General Court, 15, 
 17, 20 footnote 3, 36, 45, 48, 52 foot- 
 note I, 55 footnote 2; President 
 Chauncy to General Court, 24-5; 
 Elnathan Chauncy to General Court, 
 26 footnote I; President Rogers to 
 General Court, 31 footnote 6; Massa- 
 chusetts Legislature to the King, 38; to 
 
 Massachusetts Legislature from Presi- 
 dent Leverett, 44; from Overseers of 
 Harvard College, 47, 50, 51, 55; from 
 daughters of President Leverett, 49 
 footnote 7; from Episcopalians, 53-4; 
 from Hampshire County, 55; from 
 Charlestown, Cambridge and Boston, 
 62; from West Wing of Rutland, 68; 
 schoolmaster Peck to Jurisdiction 
 Court of New Haven, 88-90; to Gen- 
 eral Court of Connecticut from inhab- 
 itants of Poquanock, 94; from Dep- 
 uties of New London, 104; from 
 Middletown, 104; from inhabitants 
 of New London, 105, 108; from New 
 London school committee, 108; in 
 behalf of Mohegan Indians, 114, 115; 
 from Eleazar Wheelock, 118; from 
 founders of Collegiate School, 120; 
 from Hartford trustees of the Col- 
 legiate School, 125-6; from the 
 Trustees of Yale College, 140, 142, 
 154, 156, 159; from Yale students, 
 154, 159; from President Clap, 157; 
 Congregational ministers to Governor 
 Wentworth, 169; Dr. Wheelock to 
 New Hampshire Legislature, 170; res- 
 idents of Rhode Island to Legislature, 
 185, ig6; corporation of College of 
 Rhode Island to Legislature, 196; 
 residents of East Greenwich to Legis- 
 lature, 197; to provincial government 
 of New York from Dutch school- 
 masters, 205, 2o5 footnote 2, 207, 
 212 footnote 2, 213-14, 215; from 
 burgomasters and schepens of New 
 Amsterdam, 206-7, 215, 219; from 
 Midwout, 216; from Middleburgh, 
 216-17; from Breuckelen, 217-18; 
 from Bushwick, 218-19; *ro™ Bergen, 
 219-21, 226, 227; from New Harlem, 
 221; from Flatbush, 228 29; from 
 New Utrecht, 230-1 ; Common Coun- 
 cil of New York City to Governor 
 Montgomery, 235; to New York 
 Legislature from inhabitants of New 
 York, 239, 240; from schoolmaster 
 Malcolm, 247; trustees of college 
 lottery fund to Governor De Lancey, 
 254; Governors of the College of 
 New York to Governor De Lancey, 
 272; to Lower House of New York 
 Legislature, 274, 275 ; to George III., 
 276; Quakers of Philadelphia to 
 Pennsylvania Legislature, 284-6; 
 trustees of Academy and Charitable 
 
GENERAL INDEX 
 
 SI9 
 
 School of Pennsylvania to Governor \ 
 Morris, 303 ; Provost Smith to George I 
 III., 308; Presbyterian Synod of New 
 York to Governor Morris and Presi- 
 dent Hamilton, 320; trustees of Col- 
 lege of New Jersey to Governor 
 Belcher, 322-3 ; Synod of New York 
 to Scottish Church, 334 footnote 3; 
 to New Jersey Legislature from trustees 
 of College of New Jersey, 335 footnote 
 4; from ministers of Reformed Dutch 
 Church. 336, 337; Virginia Assembly 
 to the King, 358, 360; North Caro- 
 lina Assembly to the King, 486; to 
 Board of Trade, 488 ; residents of New- 
 bern to GovemorTryon, 489 footnote 3. 
 
 Perth Amboy : lottery Act for school- 
 house, etc., in, 335. 
 
 Philadelphia : schoolmaster provided 
 for, 281 ; Quakers petition for a 
 school charter, 284-6; the Academy 
 and Charitable School of Pennsylvania 
 endowed by the municipality of, 300; 
 lottery for College of New Jersey set 
 up in, 335 footnote 4. 
 
 Physicians : needed in Massachusetts, 16. 
 
 Piety : members of Harvard College to 
 be furthered in, 10, 12; Harvard Col- 
 lege a nursery of, 53; trustees of 
 Dartmouth College men of, 174; 
 college planned in Virginia for pro- 
 motion of, 357, 358; an object of 
 College of William and Mary, 361. 
 
 Pious : endeavors of overseers to settle 
 difficulties in Harvard College, 28; 
 subscription to Harvard College, 29 
 footnote 3, 30; work of Roxbury 
 grammar school, 63; use of land for 
 schools, etc., 105; contribution to 
 conversion of Lebanon Indians, 118, 
 119; undertaking of a collegiate 
 school in Connecticut, 121; support 
 of Yale College, 139, 148; design of 
 converting New Hampshire Indians, 
 183; donations to education, 197; 
 William Penn Charter School, 289, 
 290; Academy and Charitable School 
 of Pennsylvania, 301; education of 
 Virginian Indians, 349 ; work of East 
 India Free School, 353; bequests of 
 free schools in Virginia, 354, 406; 
 founding of free schools in Maryland, 
 413; education for youth in Mary- 
 land, 427; donors to free school in 
 South Carolina, 448; education con- 
 ducive to social happiness, 493. 
 
 Plymouth : public education in, 7 foot- 
 note I. 
 
 Political instruction: in Massachusetts, 
 59; in Connecticut, 74, 95; in New 
 York, 223; in Pennsylvania, 280; may 
 be promoted by schools in New Jer- 
 sey, 333 footnote 2. 
 
 Poor children: education in Massa- 
 chusetts of, 59 footnote i, 68; schooled 
 through town rates in Salem, 61 foot- 
 note I ; education desired for them in 
 Philadelphia, 284; school in Philadel- 
 phia for, 301,309; industrial education 
 in Virginia for, 355-7 ; Eaton's Charity 
 School only for, 406; free education 
 in Maryland county schools for, 435; 
 school in Maryland for, 438 footnote 
 I ; to be taught gratis in county and 
 precinct schools of South Carolina, 
 465 ; in Dorchester school, 473; school 
 at Beaufort, S. C, for, 477; educated 
 by Fellowship Society of S. C, 478; to 
 be educated in Newbern school by 
 public appropriation, 491. 
 
 Poor scholars: general collection 
 ordered for them at Harvard College, 
 II, 17, 73. See Scholarships. 
 
 Portsmouth : contributes to Harvard 
 College, 164 footnote i. 
 
 Posterity : learning of service to, 16, 87; 
 Harvard College of service to, 22, 164 
 footnote I; government responsible 
 for education to, 279 footnote i, 481, 
 486; college foundation in Maryland 
 of advantage to, 438. 
 
 Presbyterian : minister of New York 
 appointed a Governor of the College 
 of New York, 259; Vice-Provost of 
 College, Academy and Charitable 
 School of Pennsylvania a, 311; 
 Synod of New York petitions Gov- 
 ernor of New Jersey for a college 
 charter, 320 ; Queen's College, N. C, 
 opposed by King as a Presbyterian 
 seminary, 498, 499. 
 
 Princeton College : see College of New 
 Jersey. 
 
 Printing: ofgraduatingthesesof Harvard 
 students suspended by Lower House 
 of Massachusetts Legislature, 49; 
 of laws of Pennsylvania, 280; Gov- 
 ernor Berkely of Virginia inveighs 
 against, 359; of a sermon recom- 
 mending public schools ordered by 
 North Carolina Legislature, 488. 
 
 Providence: College of Rhode Island 
 
520 
 
 GENERAL INDEX 
 
 located at, 196; school at, 196 foot- 
 note 3. 
 
 Public Service; scholars for, 17, 22, 106, 
 120, 121; children to be trained for, 
 58, 60, 61 footnote I, 75, 80 footnote 2, 
 83 footnote I, 84, 86, 88, 97, 222; 
 Roxbury grammar school for, 62; 
 New , Haven colony exempts from 
 poll taxes students for, 88; Yale stu- 
 dents trained for, 148, 158; learning 
 for, 186, 24c, 306; youth to be quali- 
 fied for, 287, 393, 414, 427, 481, 
 487, 494. 
 
 Public welfare: learning necessary to, 
 l6, 36, 162, 480; dependent upon 
 Harvard College, 36; education of, 
 21, 74, 80, 83, 473, 487; public schools 
 of importance to, 99, 106, 186, 201, 
 232, 287, 485-6; Collegiate School 
 (Yale College") conducive to, 124; a 
 New Hampshire college conducive to, 
 169 ; a New York college conducive to, 
 249; seminary of Church of England 
 needed for the, 277; dependent upon 
 education of youth, 287, 300, 352, 
 493; learning promotes, 318, 337; 
 industrial education of, 356, 357 foot- 
 note I; support of College of Wil- 
 liam and Mary of great importance 
 to, 391 ; a college at Annapolis would 
 conduce to, 437, 438, 439, 440. 
 
 Punishment: of Harvard students by 
 fine and whipping, 23, 27; in Yale 
 College referred to Connecticut Legis- 
 islature, 159; of Yale students to be 
 put on record, 160; of children and 
 servants according to law in New 
 York, 223; in College of New York, 
 268-9. 
 
 Quakers : 5 trustees of College of Rhode 
 Island to be, 1 89 ; petition Pennsylva- 
 nia Legislature for incorporation of 
 Philadelphia charity school, 284; hos- 
 tile to College, Academy and Chari- 
 table School of Pennsylvania, 308; 
 unwilling to support College of New 
 Jersey, 333; reputed to be enemies of 
 human learning, 333; orphans in 
 North Carolina not to be apprenticed 
 to, 480. 
 
 Queen's College, N. J. : charter of, 
 
 336-47- 
 Queen's College, N. C. : incorporation 
 of, 494-98; opposed by King; 498; 
 a Presbyterian institution, 499. 
 
 Reformed Dutch Church : empowerd by 
 William III. to appoint a school- 
 master, 228 ; senior minister named a 
 Governor of College of New York, 
 259; directed to fill divinity chair in 
 (College, 272-4; schoolhouse built in 
 Pennsylvania by, 312; Queen's Col- 
 lege incorporated through the Coetus 
 party in the, 336; president of Col- 
 lege to be a member of, 342. 
 
 Religion : good literature necessary to, 
 45, 61 footnote I ; dependent upon 
 education, 66, 69, 169, 337, 300, 
 485-6; dependent upon reading, 70; 
 Connecticut schools aim to increase, 
 ICO, 106; decay in Connecticut, of 
 ICO; Collegiate School (Yale Col- 
 lege) conducive to, 124; schoolmaster 
 necessary to, 199, 200; contention in 
 College, Academy and Charitable 
 School of Pennsylvania hurtful to, 
 311; College of New Jersey provides 
 opportunity for improvement in, 334; 
 education of children in Maryland in 
 religion of parents, 408; in Protestant, 
 408-9; advanced in Maryland by 
 parochial libraries and schoolmasters, 
 
 423- 
 Religious instruction : an object of Har- 
 vard College, 10; to be given by 
 Vice-President Willard in Harvard 
 College, 42; in charge of Elders in 
 Massachusetts, 58 footnote 4; to be 
 enforced by selectmen in Massachu- 
 setts, 59; likewise in Connecticut, 74, 
 79; Indian apprentices in Connecti- 
 cut to receive, 113; desired for In- 
 dians in Connecticut, 116— 7; in 
 College of Rhode Island, 194; pre- 
 scribed for children and servants in 
 New York, 223; for the youth in 
 Swedish Delaware, 314; in New Jer- 
 sey, 335; for Indian children in Vir- 
 ginia, 349, 350; object of a public free 
 school in Virginia, 352; prescribed 
 for orphans in Virginia, 355; given 
 by parents to children in Virginia, 
 359; for orphans in Maryland, 40S-9; 
 aim of Maryland free schools, 414, 
 416; school in South Carolina neces- 
 sary for, 448; lack of schools in 
 South Carolina for, 457 footnote I; 
 according to Church of England, pre- 
 scribed for Charleston grammar 
 school, 461; desired by parents in 
 South Carolina, 466; of social conse- 
 
GENERAL INDEX 
 
 521 
 
 quence, 480; object of school at New- 
 bern, 490. 
 
 Religious societies : empowered to buy 
 school land, etc., in Pennsylvania, 
 295-6, 297-9; in Delaware, 315-16. 
 
 Roman Catholic : widow of a Protestant 
 to educate children as Protestants in 
 Maryland, 408; schoolmaster pro- 
 posed for Maryland school, 410; im- 
 ported servants taxed for Maryland 
 school fund, 425. 
 
 Roxbury : Elder, appointed an Overseer 
 of Harvard College, 10; school at, 61 
 footnote I; 500 acres granted to 
 school at, 62; school trustees appeal to 
 general Court of Massachusetts, 62-3. 
 
 Rutgers College : See Queen's College. 
 
 Salaries of collegiate instructors : Presi- 
 dent of Harvard College, n, 19, 20, 
 22, 24-5, 26, 31, 33, 34, 37, 39, 42, 
 43. 44. 47. 49 footnote 7, 51, 52, 54; 
 professors at Harvard College, 54; at 
 Yale College, 160, 161; at College of 
 William and Mary, 386; at the pro- 
 posed college in Maryland, 439. 
 
 Salaries of schoolmasters: in Massa- 
 chusetts, 61; in Cormecticut colony 
 schools, 76 footnote l, 83 footnote i, 
 88, 96; in New Hampshire, 166; in 
 New Netherlands, 200, 204, 205, 206, 
 208 footnote 3, 211, 212, 213, 214, 
 215, 216, 218, 219, 220, 315; in New 
 York, 236, 243-5, 247; in Philadel- 
 phia, 281-2; in Maryland, 415, 418, 
 432; in South Carolina, 458, 461, 
 462, 463,464, 465, 473; in North 
 Carolina, 491. 
 
 Salem: support of school in, 61 foot- 
 note I. 
 
 Saltonstall, Governor: designs building 
 for Yale College and subscribes £^0, 
 129 footnote 3; attends to ordering of 
 college affairs, 131-8; attacked by 
 Hartford trustees, 138 footnote 2. 
 
 Saybrook: collegiate instruction at, 
 125; votes in Connecticut Legislature 
 for locating Collegiate School at, 127; 
 grant to school at, 130, removal of 
 Yale College books from, 130, 131-4. 
 
 Scholarships: in Harvard College, 77; 
 in College of William and Mary, 387, 
 393; in Charleston school, 461, 462; 
 in Childsbury school, 476. 
 
 Schools: writing, 61, 64, 65, 71, 76, 94, 
 97, 98, 166, 237; free, 61 footnote i. 
 
 83 footnote I, 96, 97, 232, 234, 240, 
 286, 336, 348 footnote I, 352, 353, 
 354. 358. 3S9> 360, 381 footnote 2, 
 396, 397. 398, 400, 401,402,411,412, 
 413. 414. 415. 416, 417. 418, 419. 
 420, 421, 422, 423, 448, 451, 456, 
 459. 465. 466, 467, 473, 477, 482; 
 endowed, 61 footnote i, 63, 485; 
 grammar, 62, 63, 64, 65, 67, 76, 84, 
 90, 93, 95, 96 footnote I, 97, 108, 
 166, 167, 168, 234, 381 footnote 2, 
 387. 394. 457.474. 494.495; precinct, 
 68-9, 102; Latin, 94, 96 footnote I, 
 203, 210, 211 footnote 2, 213, 215; 
 public, 97, 98, 106, 186, 197,200,204, 
 210, 232, 239, 240, 241, 243, 246, 278, 
 284, 285, 287, 288, 289, 290, 293, 294, 
 
 352, 424j 425. 426, 427. 435. 436. 483. 
 485, 486, 488, 490, 493; parish, loi, 
 108, 167, 465; charity, 171, 296, 300, 
 403, 404, 406, 438 footnote I ; danc- 
 ing, 238; boarding, 281-2, 427. 
 
 School books : See Books. 
 
 School hours: in New Haven colony 
 school, 89; in Dutch schools, 222. 
 
 School laws: in Massachusetts, 60-2, 
 63-4, 65-6, 66-7, 68-9; in Connecti- 
 cut, 75-6, 88, 93-4, 95-8, loi, 106-8; 
 in New Hampshire, 165, 166, 167; in 
 New York, 234-5, 240-5; in Pennsyl- 
 vania, 278; in New Jersey, 318-19, 
 319-20; in Maryland, 412-13, 415-22, 
 427-35; in South Carolina, 448-54, 
 456-60, 461-5. 
 
 Schoolmasters: Philemon Pormort, 61 
 footnote I ; Daniel Maude, 61 foot- 
 note I ; Mr. Branker, 76 footnote I ; 
 Ezekiel Cheevers, 83 footnote I ; Mr. 
 Peck, 88; John Legat, 164 footnote 
 I; Jan Comelissen, 202; William 
 Verstius, 202, 205; Jan de la Mon- 
 tague, 204; Hermanus Van Ho- 
 boocken, 205, 206, 208; Jacob Van 
 Corler, 206, 207; Jan Lubberts, 207; 
 Jan Juriaense Becker, 208, 224; Evert 
 Pietersen, 208 footnote 3, 314, 315; 
 Johannes Van Gelder, 210; Andreas 
 Hudde, 210; Dr. Carolus Curtius, 
 211, 212, 213, 214; Dr. Aegidius 
 Luyck, 213, 214, 215; Richard Mills, 
 217; Carel Van Beauvois, 218; Bon- 
 dewyn Maenhout, 218, 219; Engel- 
 bert Steenhuysen, 219, 220, 221 ; John 
 Shutte, 223,224; Jacob Joosten, 224; 
 Richard Charlton, 224, 225 ; Mr. Bo- 
 gardus, 227 footnote 4; Joannus 
 
522 
 
 Van Eckelen, 228-9 ! Joanes Schenck, 
 229; Joost de Baane, 230; George 
 Muirson, 235, 236; Andrew Foucault, 
 236; Elias Neau, 236-7; Andrew 
 Clark, 236 footnote I ; Stephen Gash- 
 eris, 237; Henry Lindley, 237; Alex- 
 ander Baird, 237; Elias Bon Repos, 
 237; John Wood, 237-8; Prudent 
 de la Fayole, 238; Enoch Flower, 
 281; Thomas Meaking, 286; Mr. 
 Carolofl, 353, 354; Robert Douglas, 
 411; John Douglas, 457, 458, 461; 
 Benjamin Dennis, 4157, 458; Rev. 
 Thomas Morrit, 478; Thomas Tom- 
 linson, 489 footnote 3. 
 
 School taxes: in Massachusetts, 61, 63, 
 69; in Connecticut, 76, 83, 94,98,99, 
 lOi, 102, IC9; in New Hampshire, 
 164 footnote I, 165, 166, 168 : in New 
 Netherlands, 199, 204, 226; in New 
 York, 234, 243-5; i" New Jersey, 
 319; in Maryland, 412-13,424,425, 
 426, 427; in South Carolina, 465; 
 in North Carolina, 483, 485, 487, 
 490-1. 
 
 School term, 93, 97, loi, 164 footnote 
 I, 241. 
 
 School trustees : for grammar school of 
 Roxbury, 61 footnote i, 62-3; given 
 full control of school property in Mas- 
 sachusetts, 64 footnote 3; for Hopkins 
 Grammar School, 96 footnote i ; for 
 New London Latin School, 99, 104; 
 for Middletown School, 104; school 
 committees in Connecticut given full 
 powers of, 105; for Union School, 
 New London, 109-11; for William 
 Penn Charter School, 287; school 
 lands in New Castle vested in, 316; of 
 Woodbridge, N. J., 336; for Syms' 
 School, Va., 397 ; for Peasley 's School, 
 Va., 399; for Eaton's Charity School, 
 Va., 403; for free schools in Mary- 
 land, 416-22; for county schools in 
 Maryland, 428-34; for Charlotte Hall, 
 437; for free school of South Caro- 
 lina, 448-54, 459, 460; for Dorches- 
 ter school, 466-72, 473; for Childs- 
 bury school, 474-77; for school at 
 Beaufort, 477; for Newbern school, 
 490; for Edenton school, 492-3. 
 
 Separatists : controversy of, 104 foot- 
 note I; opposition to seminary of, 
 105-107; in Yale College, 154, 158 
 footnote 4. 
 
 Sewall, Samuel: member of legislative 
 
 GENERAL INDEX 
 
 committee to request President Mather 
 to reside at Cambridge, 40. 
 
 Sbarpe, Governor : urges founding of a 
 college upon Maryland Legislature, 
 437-8; opposes appropriation to pro- 
 posed college, 435, 
 
 Shephard, Samuel : on committee for a 
 college at Newtown, 8; superinten- 
 dent of Harvard College, 9; influ- 
 ential with Commissioners of United 
 Colonies, 11, 80 footnote 2. 
 
 Shute, Governor : recommends addi- 
 tional building for Harvard College, 
 44-5; opposes Lower House on 
 changes in Corporation of Harvard 
 College, 47-9. 
 
 Smith, Rev. William: named Provost 
 of College, Academy and Charitable 
 School of Pennsylvania, 306; mem- 
 ber of Church of England, 308, 311; 
 imprisoned by Pennsylvania Legisla- 
 ture, 308; active in England in be- 
 half of College, 310, 311. 
 
 Society for Propagating the Gospel in 
 Foreign Parts: Governor Cornbury 
 petitioned to procure a schoolmaster 
 from, 235; sends a library to New 
 York, 238-9; the College, Academy 
 and Charitable School of Pennsylvania 
 of service to, 311; appealed to in 
 behalf of Indians at College of Wil- 
 liam and Mary, 386; donates paro- 
 chial libraries to South Carolina, 456; 
 origin and work of, 457, footnote i ; 
 sends schoolmaster to Charleston, 
 478; donation to, 484; missionary 
 promotes school in Newbern, 489 
 footnote 3. 
 
 Society for Propagating the Gospel in 
 New England: President DunSter 
 suggests that Harvard College might 
 be aided by, 15 footnote 3; incorpor- 
 ation of, 70. 
 
 Somerset County : visitors of school in, 
 428; administration of school in, 435, 
 436. 
 
 Spotswood, Governor : interested in Col- 
 lege of William and Mar?, 384, 385, 
 386, 387, 388-9. 
 
 St. Mary's County: visitors of school 
 in, 428; administration of school in, 
 436, 437- 
 
 Stoughton, Lieutenant-Governor: con- 
 tinues the government of Harvard 
 College, 34-5; letters from Increase 
 Mather to, 37, 40. 
 
G£NERAL INDEX 
 
 523 
 
 Stratford: appropriation to school- 
 master in, 76 tootnote i 
 
 Stuyvesant, Director-General : urges 
 maintenance of school in New Am- 
 sterdam, 200-1 ; procures school- 
 master from Holland, 202; patron of 
 Dr. Luyck, 213, 214. 
 
 Subscriptions: ordered by General 
 Court of Massachusetts for Harvard 
 College, II, 16, 17; to Harvard Col- 
 lege from England, 11, 12 footnote i, 
 27 footnote 2 ; committee of General 
 Court to look into college, 19; to be 
 in charge of Overseers, 20, 27 ; from 
 towns of Massachusetts and New 
 Hampshire to College, 27 footnote 2, 
 29-31; to school in Roxbury, 61 foot- 
 note I, 63; to school in Dorchester, 
 61 footnote I; ordered in Connecticut 
 for Harvard College, 73, 80; in New 
 Haven colony for a college, 82; to 
 Middletown school, 104; ordered for 
 Connecticut Indians, 1 1 6-7; from 
 Hartford and New Haven residents 
 to the Collegiate School, 126 foot- 
 note 2, 127; from Governor Salton- 
 stall to building of Collegiate School, 
 129 footnote 3; to Dartmouth Col- 
 lege, 170 footnote 5, 173; to school- 
 house in New Amsterdam, 202; to 
 Academy and Charitable School of 
 Pennsylvania, 300, 301, 310; to Col- 
 lege of New Jersey, 334; to Indian 
 college in Virginia, 348 footnote i; 
 for sending children to Virginia, 350; 
 to East India Free School, 351; to 
 college in Virginia, 358, 359; to Col- 
 lege of William and Mary, 381; to 
 Maryland free school, 411-12, 414, 
 415; to Childsbury school, S. C, 474, 
 to Newbem school, 489 footnote 3; 
 Edenton school built by voluntary, 
 492. 
 
 Taxes : Superintendent Eaton freed from 
 assessment of, 9 footnote i ; Harvard 
 College exempt from, 15, 54-5; Cor- 
 poration, scholars and servants of 
 College exempt, 15, 27,33; imposed 
 for support of Harvard College, 22; 
 selectmen in Massachusetts em- 
 powered to assess school, 62, 64 foot- 
 note 4; grammar schoolmasters in 
 Massachusetts exempt, 65, 93; stu- 
 dents in New Haven colony exempt 
 from poll, 88; schoolmaster of New 
 
 Haven colony school petitions for 
 exemption from, 89; school endow- 
 ments in Connecticut exempt, 95 ; all 
 school lands in Connecticut exempt, 
 105 ; imposed for support of the Col- 
 legiate School, 122; scholars of Col- 
 legiate School exempt frompoU, 123; 
 Rector Cutler exempt, 139; parish 
 of Newington exempt from country, 
 143; rector, tutors and students of 
 Yale College exempt, 145, 153; col- 
 lege property exempt, 153; College of 
 Rhode Island and instructors and stu- 
 dents exempt, 195; Dutch West India 
 Company not called upon to appro- 
 priate public taxes to schools, 203; 
 schoolmaster Pietersen claims exemp- 
 tion from excise, 212 footnote 2; 
 schoolmaster Steenhuysen claims ex- 
 emption from, 220; president, mas- 
 ters, students and servants of College 
 of William and Mary exempt, 392-3. 
 
 Teachers: removal of, 9, 242-3, 412, 
 454. 459. 472. 475; qualifications of, 
 21, 38, 39 footnote I, 64, 67, 166, 
 202, 208 footnote 3, 234, 395, 410, 
 432. 453. 465. 47'. 492; appointment 
 of, 21, 96, 228, 243, 420, 453, 454, 
 459, 465, 475; private, 202 footnote 
 8, 387, 411,441 footnote l; examina- 
 tion of, 219, 395, 401, 404; training 
 of, 284, 311; female, 285, 288,292, 
 309, 356. See License, 
 
 Trinity Church : rector appointed visitor 
 of New York public school, 242; 
 rector and churchwardens plan for a 
 college on King's Farm, 248, 254, 
 256-7; rector named a Governor of 
 College of New York, 259. 
 
 Trott, Nicholas: trustee of Provincial 
 Library of Carolina, 446; commis- 
 sioner of free school of South Caro- 
 lina, 448, 460. 
 
 Tynte, Governor : commissioner of free 
 school of South Carolina, 448, 459. 
 
 Tryon, Governor : given LL.D. by King's 
 College, 276 footnote 5 ; approves of 
 Newbern schoolmaster, 489 footnote 
 3; opposes Edenton school bill, 492; 
 recommends establishment of a west- 
 ern seminary, 493. 
 
 Union School: incorporated in New 
 London, 109-11. 
 
 Vacation : General Court of Massachu- 
 
524 
 
 GENERAL INDEX 
 
 setts advises Corporation of Harvard 
 College to cut down college, 46; 
 schoolmaster of New Haven Colony 
 school petitions for, 89, 
 Visitation : See Inspection. 
 
 Wadsworth, Rev. Benjamin : member 
 of the Corporation of Harvard Col- 
 lege, 47; requested by Governor 
 Shute to continue in presidency of 
 College, 51; rents of Massachusetts 
 Hall appropriated to, 52; death of, 54. 
 
 Watch and Ward : Corporation, scholars 
 and servants of Harvard College ex- 
 empt from, 1 5 ; Massachusetts school- 
 masters exempt, 65; students of the 
 Collegiate School (Yale College) ex- 
 empt, 123, 153; tutors and servants 
 of Yale College exempt, 153. 
 
 Watertown : Elder, appointed an Over- 
 seer of Harvard College, 10. 
 
 Wentworth, Governor Benning: no 
 school grant in certain town charters 
 issued by, 169; unfavorable to plan 
 for a Congregational college, 169; 
 encourages Wheelock's Indian School 
 (Dartmouth College) , 1 70, footnote 5. 
 
 Wentworth, Governor John : school 
 grants in town charters issued by, 
 168-9; promotes foundation of Dart- 
 mouth College, 170; trustee of Dart- 
 mouth College, 175. 
 
 Wheelock, Rev. Eleazar: memorializes 
 Connecticut Legislature for Indians' 
 education, 1 18-19; endorsed by Con- 
 gregational ministers of New Hamp- 
 shire, 169-70; aided by Legislatures 
 of Massachusetts and New Hamp- 
 shire, 170; President of Dartmouth 
 College, 179. 
 
 Wethersfield : schoolmaster in, 76 foot- 
 note I ; land bequeathed to Hartford 
 Latin School, 96 footnote i ; legisla- 
 tive committee appointed for settle- 
 ment of school in, 102; discontented 
 Yale students at, 125, 128, 130, 134. 
 
 Willard, Rev. Samuel: Vice-President 
 of Harvard College, 40; offered presi- 
 dency, 41; to give religious instruc- 
 
 tion and instruction in analyzing in 
 College, 42; thanked by General 
 Court for his services, 42. 
 
 William Penn Charter School : petition 
 of founders to Governor and Council 
 of Pennsylvania, 284-6; schoolmaster 
 required to take out a license, 286; 
 charter of, 287-94. 
 
 Williams, Elisha: tutor to collegiate 
 students at Wethersfield, 125; clerk 
 of the Lower House of Connecticut 
 Legislature, 127 footnote 2; Rector 
 of Yale College, 142, 143; Legislature 
 refuses to exempt him from taxation, 
 143; resigns from rectorship, 145. 
 
 Windsor: school in, 76 footnote i. 
 
 Winthrop, Governor John: on com- 
 mittee for a college at Newtown, 8. 
 
 Woodbridge: trustees of free schools 
 incorporated, 336. 
 
 Worcester County: administration of 
 school in, 435-6. 
 
 Yale College: graduates to have the 
 benefit of Connecticut laws for sup- 
 port of ministry, 108; trustees nomi- 
 nated by General Court of Connecti- 
 cut, 121; age qualification, 122,142; 
 power of appointment, 122; of pay- 
 ing salaries, 123; of granting degrees, 
 123, 152; petition General Court, 126, 
 128, 140, 142, 143, 144, 14s, 146, 147, 
 154, 155, 156, 159; choose New Ha- 
 ven for college site, 126; instructed 
 by General Court to build college 
 bouse at New Haven, 128, 129; al- 
 lowed 5 s. per diem for attendance 
 upon General Court, 128; invite Up- 
 per House to assemble in college 
 library, 129; desire Governor and 
 Council to order removal of college 
 books, 1 30; consult with Governor 
 and Council, 134; petition for a com- 
 mon seal, 1 40; number constituting a 
 quorum, 141 ; rector to be one of, 142; 
 charter of, 148-54. 
 
 Yale, Elisha : Collegiate School receives 
 donation from, 129. 
 
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 4. On the Accuracy of Movement, by Robert S. Woodworth. (June, 
 1899. Price, $1.00.) 
 
 VOL. 6. 
 1-4. Educational Legislation and Administration in the Col- 
 onies, by Elsie Worthington Qews, Ph. D. (October, 1899. Price, S2.00.) 
 
 VO£.. 7- 
 
 1. The Education of the Pueblo Child, by Frank C. Spencer, Ph.D. 
 In press.) 
 
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