Royal Charter / Transfer to Faculty / Act to Establish a Normal School / Transfer to the State
The Transfer to the Faculty IN VIRGINIA
(February 27, 1729.)
TO all to whom these presents shall come, James Blair, of the city of Williamsburg, in the colony of Virginia, and StephenFouace, of Chelsea, in the county of Middlesex, clerks, send greeting:Whereas their late Majesties, King William and Queen Mary, of the blessed memory, being religiously inclined to promote the Studies of sacred Theology, Philo- sophy, Languages, and other good Arts and Sciences to the end the church of Virginia might be supplied with a seminary of ministers of the gospel, and the youth of that country be piously educated in good manners and learning, and the orthodox Christian faith might be propagated among the Western Indians,at the humble suit of the General Assembly of the colony aforesaid, by their letters patents bearing date at Westminster the eight day of February, in the fourth year of their reign, were pleased of their special grace, cer- tain knowledge, and mere motion to give license to certain trustees, to wit, Francis Nicholson, William Cole, Ralph Wormley, William Byrd, and John Lear, Esqrs.; James Blair, John Farnifold, Stephen Fouace, and Samuel Gray, clerks; Thos. Milner, Christopher Robinson, Charles Scarborough, John Smith, Benjamin Harrison, Miles Cary, Henry Hart- well, William Randolph, and Matthew Page, gentlemen; that they, or the major part of them, or the longest livers of them, might erect, found, and establish a certain general school, or perpetual college, of sacred Theology, Philosophy, Languages,
and other good Arts and Sciences, consisting of one Presi- dent, six masters or professors, and one hundred scholars, more or less, graduates and non-graduates, according to the ordinances and statutes of the said college, by the said trus- tees, or the major part of them, in that behalf to be made and established, in a certain place upon the south side of York river, near Yorktown, in the county of York, in the colony aforesaid; or if that place, for the unwholesomeness of the air, or any other cause should not be agreeable, in any other place within the said colony which to the General Assembly of the said colony should seem most convenient. And did further grant, that the said trustees, or the major part of them receive, hold, and enjoy manors, lands, tene- ments, rents, services, rectories, portions, annuities, pensions, and advowsons of churches, with all other hereditaments, franchises and possessions whatsoever, as well spiritual as temporal, to the value of two thousand pounds by the year and all goods, chattels, money, and personal estate whatso- ever, of the gift of any person whatsoever, willing to give the same to this use, or any gifts, grants, assignments, lega- cies, or appointments whatsoever of them, or any of them, or any other well disposed persons: But to the express intent, and under this special trust, that they the said trustees, or the major part of them, or the longest livers of them, should take and receive the premises, and dispose the same, or the rents, issues, and profits thereof, only for sustaining and de- fraying the expenses in erecting and fitting the buildings of and for the said intended college, and in ordaining the same with books and other convenient utensils, and other expenses to the said college pertaining, as to them or the major part of them, should seem expedient, until the said college should be actually erected, founded and established. And under this trust, and to the intent, that as soon as the said college, ac- cording to the royal design aforesaid, should be erected and founded, the said trustees, or the longest livers or the longest liver of them, and his or their heirs, executors, administrators or assigns, by good and sufficient writings and assurances in
law, should give, grant, and transfer to the President, and masters, or professors, and their successors, the same manors, lands, tenements, rents, services, rectories, portions, annui- ties, pensions, and advowsons of churches, with all other hered- itaments, franchises, possessions, goods, chattels, and per- sonal estate aforesaid, or so much thereof as should not be before expended and laid out in erecting the said college, or in the other uses aforesaid. And by the said charter did make, create and establish the said James Blair, first President of said college, during his natural life. And further, did grant that the said Francis Nicholson, Wm. Cole, Ralph Wormley, Wm. Byrd, John Lear, James Blair, John Farni- fold, Stephen Fouace, and Samuel Gray, Thos. Milner, Chris- topher Robinson, Charles Scarborough, John Smith, Benjamin Harrison, Miles Cary,Henry Hartwell, William Randolph, and Matthew Page, and their successors, or the major part of them, should choose and nominate other able, fit, and cap- able persons into the places of the masters or professors of the said college; and that after the death, or resignation, or deprivation of the said President, or professors, or any of them, they might from time to time, choose and substitute into his or their places some fit person or persons, according to the ordinances and statutes of the same college, by the said Francis Nicholson, William Cole, Ralph Wormley, Wil- liam Byrd, John Lear, James Blair, John Farnifold, Stephen Fouace, Samuel Gray, Thomas Milner, Christopher Robinson, Charles Scarborough,John Smith, Benj. Harrison, Miles Cary, Henry Hartwell, William Randolph, and Matthew Page, or their successors, or the major part of them, for the good and wholesome government of the same college, and of all persons enjoying any office or residing therein, to be made, ordained and established. And further, did grant that when the said college should be so erected, made, founded and established, the same should be for ever called and named the College of William and Mary, in Virginia; and that the said President, and masters, or professors, of the said college, should be one body corporate and politic, and
by the name of the President and masters, or professors, of the college of William and Mary, in Virginia, should have perpetual succession, and should for ever be called and named the President and masters, or professors of the college of William and Mary, in Virginia; and by the same name should be persons fit, capable, able and perpetual in law to purchase and receive lordships, manors, lands, tenements, reversions, rectories,portions, pensions, annuities, hereditaments, posses- sions, and serviceswhatsoever, as well spiritual as temporal, and all goods and chattels whatsoever, as well of the gift of their said late majesties, theirs heirs and successors, as of the gift of the said trustees or any other persons whatsoever, to the value of two thousand pounds of lawful money of England, by the year, and no more, to have and to hold to them and their successors for ever: And did further grant to the said President and masters, or professors, and their successors, divers other liberties, privilleges and immunities, in the said letters patents particularly set forth and expressed; and further, did declare, nominate, ordain, and constitute the said Francis Nicholson, William Cole, Ralph Wormley, William Byrd, John Lear, James Blair, John Farnifold, Stephen Fouace, and Samuel Gray, Thomas Milner, Christopher Robinson, Charles Scarborough,John Smith, Benjaimn Harrison, Miles Cary, Henry Hartwell, William Randolph, and Matthew Page, and their successors, to be for ever the true and undoubted visitors and governers of the said College; and did give them, or the major part of them, power, from time to time, to make statutes and ordinances for the good government of the said College: And did grant unto them perpetual succession, and that they and their successors should for ever be eighteen persons, or any other number not exceeding twenty; and that one discreet and fit person, out of their number, should be rector of the said College, to be elected and appointed as in the said letters patents is expressed; and did appoint the said James Blair first rector of the said College, to continue in that office for one year next after the founding of the said College. And for perpetuating the succession of the said visi-
tors and governers, did grant that as often as any of the said visitors and governers of the said College should die, or re- move him or themselves, or their families, out of the said colony, and go into foreign parts with intent not to return, that then it should be lawful for the survivors, or the re- maining, or the greater part of them, to choose, nominate, and appoint one other or more of the principal and better in- habitants of the said colony of Virginia, into the place or places of such visitor or governor, or visitors and governors, so dying or removing. And to the end the charges and expenses for erecting, building, founding, and adorning the College aforesaid for the present, and also of keeping and maintaining the President and masters, or professors, in time to come, might be sustained and supported, their said late majesties, of their further special grace, certain knowledge, and mere motion, by the said letters patents, for themselves, their heirs and successors, did give, grant, assign, and trans- fer unto the said trustees, their executors, and assigns, for ever, that full and entire sum of one thousand nine hundred and eighty-five pounds, fourteen shillings and ten pence, of good and lawful money of England, of the monies received and levied for the quit-rents in the said colony, remaining in the hands of William Byrd, Esq., their said majesties auditor, or of any other person in the said colony for their use, to be expended and applied in, about, and to the building, erecting, and adorning the College aforesaid, and to no other use, in- tents, or purposes whatsoever. And for as much as by one act of parliament, made in the twenty-fifth year of the reign of the late King Charles the second, of blessed memory, en- titled an act for the encouragement of the Greenland and Eastland trades, and for the better securing the plantation trade, it was enacted, that after the first day of September, which should be in the year of our Lord one thousand six hundred and seventy-three, if any ship, which by the law of the land might trade in any of the plantations, should go to any of them to trade, or take on board any tobacco or other commodities therein enumerated, and should not first
give bond with one sufficient surety, to transport the same tobacco into England, Wales, or the town of Berwick upon Tweed, and tono 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 the said king, his heirs and successors, for every pound of tobacco unloaded and put on board, one penny, to be levied, collected, and paid in such place, and to such collectors or other officers in the re- spective plantation, as should be appointed to collect, levy, and receive the same; and under such penalties, as well on the officers as goods, to be inflicted as for the non-payment or defraying the king�s taxes or customs in England ought to be inflicted: And if it should happen that any person or persons who outght to pay the said duties should not have ready money wherewith to satisfy the same, that the officers appointed to collect the same might accept, instead of ready money, such proportion of tobacco, to be laden as aforesaid, as might amount to the value thereof, according to the cur- rent rate of that commodity in such plantation respectively: All which matters are to be ordered and managed, and the respective duties to be caused to be levied by the commis- sioners of the 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 same act of parliament, among other things therein contained, relation being thereunto had, more fully appears: Their said late majesties, for themselves, and their succes- sors, did give and grant to the said Francis Nicholsons, Wil- liam Cole, and the rest of the trustees aforesaid and their heirs, for ever, the said revenue of one penny for every pound of tobacco to be shipped as aforesaid, out of Virginia or Maryland, or either of them, and the net produce which should accrue in England, or elsewhere, by the sale of tobacco to be collected in the colonies of Virginia or Maryland, in lieu of the penny aforesaid to be paid for every pound of tobacco to be shipped. But to the express intent, and under this special trust and confidence, that the said trustees, and
the longest livers of them, and their heirs, should hold, take, and possess the said revenue of one penny for every pound of tobacco aforesaid, with all profits, commodities, and emolu- ments of the same; and the same should apply, and employ, to the erecting and adorning of the buildings and other things necessary for the said College, until the said College should be actually erected, founded, and established; and to the express intent, and under this special trust and confidence, that as soon as the said College, according to the royal design aforesaid, should be erected and founded, the said trustees, and the longest livers or liver of them, and his or their heirs or assigns, by good and sufficient assurances in law, should give, grant, and transfer to the said President and masters, or professors, of the College aforesaid, the entire revenue aforesaid, with all profits, issues and emoluments of the same, or so much thereof as should not be expended and laid out in the uses aforesaid; to be held, possessed, and enjoyed by the said President and masters, or professors, and their suc- cessors,for ever. And further, did give and grant to the said Francis Nicholson, William Cole, and the rest of the trustees aforesaid, and the longest livers or liver of them, and to his or their heirs, the office of surveyor-general of the colony of Virginia aforesaid, if the said office should then be vacant: To be had, held, and exercised with all perquisites, fees, al- lowances,profits, commodities, advantages, liberties, places and pre-eminences to the said office belonging or appertain- ing, in as ample manner and form as any other person having, exercising, or enjoying the said office ever had, received, or enjoyed, or might have had, received or enjoyed the same, by the said trustees, and their heirs, or by such officers and deputies as they, or the major part of them, or the longest livers of them, and their heirs, should, from time to time, nominate and appoint, until the said College should be ac- tually founded and erected. But under this express intent, and special trust and confidence, that the said Francis Nich- olson,William Cole, and the rest of the trustees aforesaid, and the longest livers of them, and their heirs, as soon as
the said college should be actually erected and founded, should render unto the President and masters, or professors, of the said College, for the time being, whatsoever should remain of the monies arising from that office during their administra- tion, which should not be before laid out in erecting the said College, and the other uses aforesaid. And of their further grace did give, grant, and confirm, for themselves, their heirs and successors, to the said Francis Nicholson, William Cole, and the rest of the trustees aforesaid, ten thousand acres of land, not before legally occupied and possessed by any other of their subjects, lying and being on the south side of Black- water swamp: and also other ten thousand acres of land, not be- fore legally occupied or possessed by any other of their subjects, lying and being in that isthmus commonly called Pamunkey neck, between the forks or branches of York river; which twenty thousand acres of land their said late majesties did direct to be bounded and measured in the places aforesaid, where- soever it should please the said trustees, or the major part of them, or of the longest livers of them: To be held to them the said Francis Nicholson, William Cole, and the rest of the trustees aforesaid, and their heirs, for ever. Neverthe- less to this intent, and upon this special trust and confidence, that the said trustees, or the major part of them, or of the longest livers of them, when the said College should be founded and established, should give, grant, bargain, and alien the twenty thousand acres aforesaid to the President and mas- ters, or professors of the College aforesaid; to be held to them, and their successors, for ever, by fealty, in free and common soccage, as by the said letters patents, among other things therein contained, relation being thereunto had, more fully and at large doth and may appear. And whereas divers well disposed charitable persons, for encouraging and further- ing so good a work, did give unto the said trustees sundry sums of money, amounting to two thousand pounds sterling, and upwards: and the General Assembly of the colony afore- said, by one act of Assemly made in the fourth year of the reign of the late Queen Anne, entitled, An act for laying an
imposition upon skins and furs, for the better support of the College of William and Mary, did lay certain duties upon raw hides and tanned hides, and upon all deer skins and furs that should be exported and carried out of the said col- ony, either by land or water, to be paid to her said majesty, her heirs and successors, for and towards the better support and maintenance of the said College, as in the said act is more fully expressed. And her said late majesty, Queen Anne, in the year of her reign, was graciously pleased to give unto the said trustees the sum of one thousand pounds sterling, out of the money arising from the quit-rents of the said colony. And whereas the said trustees since the grant- ing the said letters patents, did purchase one certain parcel of land, containing three hundred and thirty acres, lying and being in the parish of Bruton, in the county of James City, near the City of Williamsburg, for the consideration of one hundred and seventy pounds, which was sold and conveyed to the said trustees by Thomas Ballard by his certain in- denture bearing date the twentieth day of December, one thousand six hundred and ninety-three: and have expended divers considerable sums of money in maintaining and sup- porting a grammar school for the immediate education of the youth of the said colony, in the Latin and Greek tongues, until the said College should be actually founded as afore- said, and the number of masters, or professors, in the said letters patents mentioned, made complete: And did also cause to be erected, on part of the said purchased lands, in the par- ish of Bruton aforesaid, by the appointment of the General Assembly of the said colony, a convenient building of brick for the said College, which some time in the month of Octo- ber, in the year of our Lord, one thousand seven hundred and five, happened to be destroyed by fire; but by the care of the surviving trustees hath been since rebuilt there more conveniently than before, and is now fitted with a hall, and covenient apartments for the schools, and for the lodging of the President, masters, and scholars, and hath it in a con- venient chamber set apart for a library, besides all other
offices necessary for the said College, and is adorned with a handsome garden; whereby several sums of money, so as aforesaid contributed, for the carrying on of this work, and the rents, issues and profits, and emoluments, of the said twenty thousand acres of land, and the other revenues afore- said, have hitherto been in a great measure exhausted, and the founding of the said College delayed and hindered. And whereas the said surviving trustees, pursuant to the trust in them reposed, have establised in the said College one school of sacred theology, and one other school of philosophy, be- sides the grammar school aforesaid, and have appointed cer- tain masters or professors in each of the said schools; that is to say, two masters in the theology school, two other masters in the philosophy school, and one in the grammar school; and have chosen and appointed Bartholomew Yates, late of the parish of Christ Church, in the county of Middlesex, in the colony of Virginia, clerk, and Francis Fontain, late of the parish of York Hampton, in the county of York, in the colony aforesaid, clerk, masters or professors of theology; and Alexander Irvin, of the city of Williamsburg aforesaid, gen- tleman, and William Dawson, late of Queen College, in Ox- ford, clerk, masters or professors of philosophy; and Joshua Fry, of Williamsburg aforesaid, gentleman, master of the gram- mar school in the said College. And whereas the honorable Robert Boyle, Esq., deceased, being in his life-time possessed of a personal estate to the value of ten thousand pounds, and being minded to leave the greatest part thereof to be em- ployed for charitable uses, about the eighteenth of July, in the year of our Lord one thousand six hundred and ninety- one, made his last will and testament in writing, and did thereby, and by one or more codicils, direct that the residue of his personal estate, after debts and legacies paid, should be disposed of by his executors for such charitable and pious uses as they in their discretion should think fit; but recom- mended unto them the laying out the greatest part thereof for advancement of the Christian religion; and made the right honorable Richard, earl of Burlington, Sir Henry Ashurst,
knight and baronet, and John Marr, gentlemen, executors of the said will, and soon after died: And the said executors proved his will, and possessed themselves of his personal estate, and had agreed to lay out five thousand four hun- dred pounds, being looked upon to be the greater half, in the purchase of lands, and to apply the yearly rent thereof to- wards the propagating the Christian religion amongst infidels; and had agreed with sir Samuel Gerrard for the purchase of the mannor of Brafferton, in the county of York, for the sum of five thousand four hundred pounds, and upon payment thereof, the said sir Samuel Gerrard was to convey the said estate to them anad their heirs; and for the settling the said charity had agreed on the methods following, that out of the said manor the said executors should grant a rent charge in perpetuity of ninety pounds per annum to the company, for propagating the gospel in New England, and the parts adja- cent, in America, and their successors, to be paid at Guildhall in London, yearly at Michaelmas and Lady-day, by equal portions, clear of taxes; and that the said company should apply forty-five pounds per annum, one moiety thereof, for the salary of two ministers to instruct the natives, in or near his majesty�s colonies in New England, in the christian re- ligion; and the other forty-five pounds per annum, residue of the said rent charge, the said company, and their succes- sors, were to transmit unto the President and fellows of Har- vard College, in Cambridge, in New England, and their suc- cessors, to be by them employed and bestowed for the salary or two other ministers to teach the said natives, in or near the College there, the christian religion; and that the said manor, subject to the said ninety pounds per annum, should be conveyed to the mayor, commonalty, and citizens of Lon- don and their successors, upon trust, that the rents and profits thereof, over and above the said ninety pounds per annum, receiver�s salary, and other incident charges deducted, should be laid out for the advancement of the christian religion in Virginia, in such a manner, and subject to such methods and rules as the said earl of Burlington, and the Bishop of Lon-
don, for the time being, should, under their hands and seals, appoint, so as such appointment were made on Lady-day, one thousand six hundred and ninety-seven, and confirmed by the decree of the high court of chancery. But there being delays in the said purchase, some time in Trinity term, in the year of our Lord, one thousand six hundred and nintety- five, sir Thomas Trevor, knight, attorney-general of his then majesty, and dame Elizabeth Gerrard, and Thomas Owen, executors of the last will and testament of the said sir Samuel Gerrard, late deceased, exhibited their bill in the high court of chancery against the right honorable Richard earl of Burlington, sir Henry Ashurst, knight and baronet, and John Marr, gentlemen, executors of the last will and testament of the honorable Robert Boyle, Esq. deceased: And the said dame Elizabeth Gerrard, and Thomas Owen, being desirous to go on with the said purchase, to that end prayed the said defendants might be decreed to pay the said five thousand four hundred purchase money, on conveyance of a good estate in fee simple. And in as much as it was the proper work of the said court to see charitable uses pursued, the said attorney-general prayed that the defendants might go on with the said purchase, and be decreed to settle the rents thereof on such pious uses as were agreed on, in case the same were according to the testator�s mind, or otherwise, as the court should direct: To which bill the said defendants put in their answer, whereupon, and upon the debate of the matters, and hearing what was alleged on either side, the court thought fit, upon the first day of August, one thousand six hundred and ninety-five, to decree that it should be re- ferred to one of the masters of the said court, to take an account of the personal estate of the said testator, Robert Boyle, which had come to the hands of the defendants, and to examine and certify whether the five thousand four hun- dred pounds, agreed to be laid out in the said purchase, were the major part of the said testator�s personal estate, and whether the value of the said manor and lands were equiva-
lent to the purchase money agreed to be paid for the same: upon whose report it was, upon the eighth day of August, in the seventh year of the reign of the late king William the third, ordered and decreed, that the defendants should pro- ceed on the said purchase, for the said sum of five thousand four hundred pounds; and that the rules and methods, touching the disposition of the said charity, before mentioned, should be and were thereby ratified and confirmed, with this further addition only, that the yearly account of the said ninety pounds per annum, after the death of the said earl of Bur- lington and sir Henry Ashurst, should be sent to the Presi- dent of Trinity College, in Oxford, for the time being, as well as to the several heirs of the earl of Burlington and sir Henry Ashurst, of which College the said Robert Boyle was a mem- ber. And it was further decreed, that after the said purchase made, the said defendants should grant the said rent charge of ninety pounds per annum, to the said company, for propagating the gospel in New England, and parts adjacent, in America, and their successors, for the purposes aforesaid; and after- wards should convey the said manor and purchased premises, so charged as aforesaid, unto the mayor, commonalty, and citizens of London, and their successors, subject to the trusts and purposes in the aforesaid rules and agreements made concerning the same. In pursuance of which decree, the said earl of Burlington, and Henry, lord bishop of London, agreed on, and appointed certain rules and methods for the settle- ment of the said charity in Virginia, under their hands and seals, bearing date the twenty-first day of December, one thousand six hundred and ninety-seven, to the purport and effect herein after mentioned, that is to say: first, that all the yearly rents and profits of the said manor of Brafferton, as well those incurred due since the purchase thereof, as which should therafter grow due, after the deduction thereout of ninety pounds a year to the College for propagating the gospel in New England, and other necessary or incident charges, should be by the present or future receivers of the rents thereof paid into the hands of Micajah Perry of London, merchant, agent
in London for the President and masters of the College of William and Mary, in Virginia, and to all future agent and agents in England, for the said College, for the time being, for the purposes thereafter mentioned, and such agent or agents receipts and acquittances, should be sufficient discharges to such receiver or receivers for what should be so paid. Sec- ondly, all sum and sums of money already or that should thereafter be received out of the said manor, subject to the deductions aforesaid, should be thereafter remitted to the said President and masters for the time being. Thirdly, that the said President and masters, and his or their successors, should thereout expend so much as should be necessary to- wards fitting and furnishing lodgings and rooms for such Indian children as should be thereafter brought into the said College. Fourthly, the said President and masters, and his or their successors, should keep at the said College so many Indian children in sickness and health, in meat, drink, wash- ing, lodging, clothes, medicines, books and education, from the first beginning of letters till they should be ready to re- ceive orders, and be thought sufficient to be sent abroad to preach and convert the Indians, at the rate of fourteen pounds per annum for every such child, as the yearly income of the prem- ises, subject to the deduction aforesaid should amount to. Fifthly, that the care, instruction, and education of such chil- dren as should be thereafter placed in the said College, should be left to the President and masters thereof, for the time being, but yet subject therein as they were for all their trusts to the visitation and inspection of the rector and gov- ernors of the said College, for the time being, Sixthly, that the said President and masters, and his and their successors, should once every year trasmit to the earl of Burlington, and lord bishop of London, for the time being, a particular ac- count of what sum and sums of money they should hereafter receive by virtue of the said decree, as also lay out or expend on all or any the matters aforesaid, and the occasion or oc- casions thereof, as also the number and names of the Indian children that should thereafter be brought into the said Col-
lege, together with their progress or proficiency in their studies, and of all other matters relating thereto. Seventhly, that the laying out of money from time to time thereafter to be remitted, as also the manner and method of educating and instructing such children, and all other matters, relating to this charity, or the execution of it, should be subject to such other rules and methods, as should from time to time thereafter, be transmitted to the said President and masters, and his and their successors, by the earl of Burlington, and lord bishop of London, for the time being, and in default thereof to such rules and methods as the rectors and gov- ernors of the said College, for the time being, should make or appoint: But until such other and further rules were made, the rules and directions thereby given were taken place. Eighthly, and lastly, that the name of the benefactor might not be forgotten, the said earl of Burlington and bishop of London did direct and appoint that the said charity should thereafter be called The Charity of the Honorable Robert Boyle, Esq., of the city of London, deceased. And afterwards at the hum- ble petition of the defendants, preferred to the lord high chancellor of England, praying a day for his lordship�s direc- tions for the constitution of the said rules and methods for the settlement of the said charity in Virginia; the right honorable John, lord Somers, baron of Eversham, lord high chancellor of England, the ninth day of June, one thousand six hundred and ninety-eight, ordered, adjudged, and decreed that the said rules and methods, and all and every of the matters and things therein contained, should be ratified, con- firmed and established, with the additions and alterations here- in after mentioned, viz: In the sixth rule, that the yearly account therein appointed to be transmitted to the earl of Burlington, and lord bishop of London, for the time being, should be, from time to time, by the said earl and bishop, transmitted into the said court to be filed by the register thereof. And whereas in the seventh rule it is mentioned that the laying out the money, the manner of educating the children, and all other matters relating to the said charity or the execution of
it, should be subject to such other rules and methods as should, from time to time thereafter, be transmitted to the said Presi- dent and masters, and his and their successors, by the said earl of Burlington and bishop of London, for the time being, or in default thereof to such rules and methods as the rector and governors of the said college, for the time being, should make or appoint: it was ordered, that such other rules and methods, touching the charity, at any time so made or ap- pointed, should be first confirmed and approved of by the said honorable court. And it was further ordered, that Micajah Perry, of London, merchant, should be allowed the receiver of the rents and profits of the said trust estate, for the pur- pose in the said rules and methods mentioned, who was, from time to time, to appoint a receiver under him of the said rents until further order; and also, from time to time, to take and allow such receiver�s accounts yearly, and to take the account of the then receiver of the said rents, and of the arrears in his hands, since the time of the said purchase, as by the proceedings and decree of the high court of chan- cery, in the same court remaining, as of record, relation being thereunto had, more fully, and at large, doth, and may appear. And whereas by reason of the delays in founding the said College, and in completing the full number of masters by the said letters patents required, the clear rents of the said manor of Brafferton have hitherto been paid to the sur- viving trustees aforesaid, who have from time to time, ap- plied the same to the education and maintaining such a number of Indian children as could be procured; and out of the said charity have caused to be erected one convenient building of brick for an Indian school, and for the lodgings of such Indian children as shall hereafter be brought into the said College; and for the educating of them from the first beginning of letters till they should be ready to receive orders, and be thought sufficient to be sent abroad to preach and convert the Indians, have appointed a master who is called the Indian master, and shall hereafter be deemed the sixth master or professor of the said College, and into the place of that master
have chosen, nominated and appointed Richard Cocke, gen- tleman. And whereas by one act of Assembly, made in the fourth year of the reign of his late majesty king George the first, of blessed memory, entitled, An act for granting one thousand pounds out of the public fund for the maintaining and educating of scholars at the College of William and Mary, in Virginia, it is enacted, that the said sum of one thousand pounds current money of Virginia, should be paid to the governors and visitors of the said College, to be by them laid out to the best advantage for maintaining and educating such and so many ingenious scholars as to them and their successors should seem fit and expedient, having regard in their elec- tions principally to the learning, virtue and straitened cir- cumstances of such children, and that all natives of the said colony, and no other, should be freely admitted to the said scholarships: Pursuant to which act, the sum of one hundred and fifty pounds, current money of Virginia, hath been laid out in the purchase of one certain tract or parcel of land, containing two thousand one hundred and nineteen acres, lying and being on both sides of Nottoway river, in the coun- ties of Prince George, Surry and Brunswick; and one other sum of four hundred and seventy-six pounds four shillings, of the like money hath been laid out in the purchase of seven- teen negro slaves, to be employed in tilling and manuring the said lands; and the sum of three hundred and seventy- three pounds sixteen shillings, residue of the said sum of one thousand pounds, for the present, is placed out at interest, the profits of which land and negroes, and the interest of the said money, being judged not sufficient to maintain more than three scholars, after the rate of twelve pounds per an- num for each scholar, three scholarships are accordingly set- tled and appointed pursuant to the said act of Assembly. And whereas, Edward Hill, late of the county of Charles City, Esq., deceased, by his last will and testament, bearing date the day of in the year did give and bequeath unto the said College the sum of one hundred and fifty pounds, to be paid at certain times, in the
the revenue of one penny per pound upon tobacco exported out of Virginia and Maryland as aforesaid, and the office of surveyor-general aforesaid, and all and singular other the premises last mentioned, with all profits, issues, emoluments, perquisites, fees, advantages, liberties, places and pre-emi- nences to the same respectively belonging or appertaining to the said President and masters, or professors of the College of William and Mary, in Virginia.
In witness whereof, we have hereunto set our hands and affixed our seals, this twenty-seventh day of February, in the second year of the reign of our sovereign lord king George the second.
James Blair (L. S.)
Stephen Fouace, (L. S.)
Sealed and delivered by the within
named James Blair, in the presence of
William Gooch,
Mann Page,
John Grymes,
John Clayton,
John Randolph.
Sealed and delivered by the within
named Stephen Fouace, in the presence of
A. Spotswood,
Joshua Monger,
Arthur Grymes,
(his mark)
Sam'l Blackshaw, at Mr. Cuel's, Stationer,
Chancery lane, London.
John Randolph.