THE original and primary Deſign of the Inſtitution of Colleges and ſuperior Schools of Learning, was to educate young Men for the Work of the Miniſtry: Centuriatores Magdeburgenſes, Lib. 1, Cap. VII, and Lib. XI Cap. VII. Dr. Lightfoots Works, Vol. 11, P. 86. And therefore they have been generally eſteemed to be of divine Inſtitution, Bp. Stillingfleets Works, Vol. 111. P. 878 Alſtedii Chronologia Scholarum. and were anciently called the Schools of the Church Scholae Eccleſiaſticae. To this Effect the Fathers of New-England declare their Sentiments in ſundry Expreſſions in their early Synodical Acts. That we read in Scripture of Schools and Colleges: Synod at Boſton, 1679 2 Chron. 34. 22. That they are neceſſary for the training up of ſuch in good Literature as may be called to the Office of a Paſtor or Teacher in the Church. That the Doctor or Teacher was inſtituted both for the Churches and the Schools. Cambridge Platform Chap. 6. That Samuel, Elijah, and Eliſha were Preſidents of the Schools of the Prophets. 1 Sam. 19, 20. Centuriatores Mag. Lib. II. Cap. VII. And that Eccleſiaſtical Hiſtory informs us that great Care was taken by the Apoſtles and their immediate Succeſſors to ſettle Schools in all Places, where the Goſpel had been preached; that ſo the Intereſt of Religion might be preſerved, and the Truth propagated to ſucceeding Generations. Euſebii Hiſt. Eccl. Lib V. Cap. X.

1698The Deſign of founding a College in the Colony of Connecticut, was firſt concerted by the Miniſters; among which the Rev. Mr. Pierpont of New Haven, Mr. Andrew of Milford, and Mr. Ruſſel of Branford, were the moſt forward and active. They had ſundry Meetings and Conſultations, and received ſeveral Propoſals or Schemes relating to the Conſtitution and Regulation of ſuch a College. The firſt Plan was very formal and minute, drawn up by ſome Gentleman in Imitation of the Proteſtant Colleges and Univerſities in France, founded by their general Synods. See Quick's Synodicon in Gallia Reformata. In which it was propoſed, That a College ſhould be erected by a general Synod of the conſociated Churches Dr. I. Mather, in his Order of the Goſpel, ſays, That a Conſociation of Churches, has ever been the Profeſſion and Practice of thoſe who have been called Congregationaliſts. The Churches in Connecticut, from the Beginning were wont to Conſociate upon ſpecial Emergencies: more frequently, after the Synod at Boſton in the Year 1662: and in a more fixed and ſtated Manner, after the Synod at Saybrook, 1708. in the Colony of Connecticut. To be under the Government of a Preſident and ten Inſpectors or Truſtees, any ſeven of them to be a Quorum. That the Synod ſhould nominate the firſt Preſident and Inſpectors, and ſhould have ſome kind of Influence in all future Elections, ſo far as ſhould be neceſſary, to preſeve Orthodoxy in the Governors. That the Synod ſhould agree upon a Confeſſion of Faith to be conſented to by the Preſident, Inſpectors and Tutors. That the College ſhould be called the School of the Church. And that the Churches ſhould contribute towards it's Support. Accordingly there was a general Contribution in 1703. &c. There was no publick Motion for the calling of a formal Synod, for that Purpoſe, till three Years after; but in the mean Time, in the leſſer Conventions of Miniſters in Aſſociations and Councils, and in private Converſation, ten of the principal Miniſters in the Colony, were nominated and agreed upon by a general1699 Conſent both of the Miniſters and People, to ſtand as Truſtees or Undertakers to found, erect and govern a College, viz. The Rev. Meſſrs. James Noyes, of Stonington. Iſrael Chauncy, of Stratford. Thomas Buckingham, of Saybrook. Abraham Pierſon, of Killingworth. Samuel Mather, of Windſor. Samuel Andrew, of Milford. Timothy Woodbridge, of Hartford. James Pierpont, of New-Haven. Noadiah Ruſſel, of Middletown. Joſeph Webb, of Fairfield.

The Miniſters ſo nominated, met at New-Haven and formed themſelves into a Body or Society,1700 to conſiſt of eleven Miniſters, including a Rector, and agreed to Found a College in the Colony of Connecticut; which they did at their next Meeting at Branford, in the following Manner, viz. Each Member brought a Number of Books and preſented them to the Body; and laying them on the Table, ſaid theſe Words, or to this Effect; "I give theſe Books for the founding a College in this Colony." Then the Truſtees as a Body took Poſſeſſion of them; and appointed the Rev. Mr. Ruſſel of Branford to be the Keeper of the Library, which then conſiſted of about 40 Volumes in Folio. Soon after they received ſundry other Donations both of Books and 1700Money, which laid a good Foundation. This Library with the Additions, was kept at Branford, in a Room ſet apart for that Purpoſe near three Years, and then it was carried to Killingworth.

But afterwards ſome began to doubt whether they were fully veſted with a legal Capacity to hold Lands, and whether private Donations and Contributions would yield a Sufficiency to carry on ſo great a Deſign; it was therefore propoſed to make Application to the Hon. the General Aſſembly of the Colony for ſome Aſſiſtance; and to aſk for a Charter. The Expediency of this Propoſal was debated at ſeveral Meetings; and ſundry Arguments were uſed on both Sides: and ſome of the ableſt Lawyers both in, and out of the Government, were conſulted upon it. After mature Conſideration, they concluded that it was ſafe and beſt to have a Charter, 1701notwithſtanding any Change of the Government which might poſſibly happen; and wrote to the Hon. Judge Sewall, and Mr. Secretary Addington of Boſton to prepare a Draught of a Charter, to be preſented to the next Aſſembly.

Whereupon a large Number of Miniſters and others, drew up and ſigned a Petition to the Hon. the General Aſſembly, repreſenting, That from a ſincere Regard to, and Zeal for, upholding the Proteſtant Religion, by a Succeſſion of learned and orthodox Men, they had propoſed that a Collegiate School ſhould be erected in this Colony, wherein Youth ſhould be inſtructed in all Parts of Learning, to qualify them for publick 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, viz. The Rev. Mr. James Noyes, Mr. Iſrael Chauncy and the reſt before mentioned And thereupon deſired that full Liberty and Privilege might be granted to the ſaid Undertakers for that End.

And in Order to facilitate the Deſign, James Fitch, 1701 of Norwich Eſq one of the Council, ſoon after the Aſſembly met, made a formal Donation under his Hand, predicated upon the great Pains and Charge which the Miniſters had been at in ſetting up a Collegiate School; and therefore in order to encourage a Work ſo pleaſing to God, and beneficial to Poſterity, he gave a Tract of Land in Killingly, of about 600 Acres; and all the Glaſs and Nails which ſhould be neceſſary to build a College Houſe and Hall: and promiſed to give a more ample Conveyance of the Land, as ſoon as it could be reſurveyed.

The Petition being preſented to the Hon. Aſſembly, they appeared very ready to encourage ſuch a laudable and pious Deſign, and accordingly eſtabliſhed the Act or Charter drawn up by Mr. Secretary Addington, with ſome ſmall Additions and Alterations, which is as follows, viz.

The Truſtees receiving an additional Vigour from the Grants and Privileges contained in this Charter, met ſoon after and entered the following ſolemn Declaration, viz.

With ſundry other Rules and Orders for the Regulation of the ſaid School.

The Truſtees choſe the Rev. Mr. Abraham Pierſon, who was one of their Number, to take the Care of Inſtructing and Governing the Collegiate School; under the Title and Character of RECTOR.

And in as much as it was originally propoſed that there ſhould be ten Truſtees beſides the Rector, they choſe the Rev. Mr. Samuel Ruſſel, of Branford, to be a Truſtee to complete the Number of Eleven.

At the ſame Meeting, they entered upon the Conſideration of the moſt convenient Place in the Colony of Connecticut, in which they might erect and fix the Collegiate School: they were not perfectly ſatisfied or united in it; but after a conſiderable Debate they fixed upon Saybrook, as the moſt convenient Place, at Preſent; unleſs upon further Conſideration they ſhould alter their Minds: And this Matter was debated at ſeveral Meetings afterwards.

They alſo deſired the Rector to remove himſelf and Family to Saybrook; but till that could be effected, they ordered that the Scholars ſhould be inſtructed at or near the Rector's Houſe in Killingworth. As this School was ſome Years in forming,1702 ſeveral young Gentlemen were preparing for it under the more private Inſtruction of ſome one of the Truſtees or others: After the School became furniſhed with a Rector and a Tutor, eight of them were admitted, and put into different Claſſes, according to the proficiency they had antecedently made. So that in a Year or two ſome were qualified for Degrees.

The firſt Commencement was held at Saybrook, on Sept. 13th, 1702. at which four young Gentlemen, who had before been graduated at the College at Cambridge, and one more, who had a private Education, received the Degrees of Maſter of Arts. This and ſeveral Commencements following were held privately in the Houſe of the Rev. Mr. Buckingham, becauſe the Truſtees by a preceding Act, had forbid all publick Commencements; to avoid the Charge and other Inconveniences attending them.

Mr. Nathaniel Lynde of Saybrook, was pleaſed generouſly to give a Houſe and Land for the Uſe of the Collegiate School, ſo long as it ſhould be continued at Saybrook. And James Fitch, Eſq in purſuance of his generous Donation made in October laſt, gave an ample Deed of 637 Acres of Land at Killingly. There was alſo a general Contribution throughout the Colony,1703 to build a College Houſe at Saybrook, or whereever the College ſhould be finally fixed: But we have no Account what was obtained by it.

The Truſtees had a ſpecial Meeting at Guilford, March 17th, 1703, and wrote a Circular Letter to the Miniſters, propoſing "to have a general Synod of all the Churches in the Colony of Connecticut, to give their joint Conſent to the Confeſſion of Faith, after the Example of the Synod in Boſton, in 1680." This Propoſal being univerſally acceptable, the Churches in the ſeveral Counties met in a conſociated Council, and aſſented to the Weſtminſter or Savoy Confeſſions; and drew up ſome Rules of Eccleſiaſtical Diſcipline; as Matters preparatory to the Synod. Then each Council choſe ſix Delegates, that is, three Miniſters and three Meſſengers, to meet in a general Synod. This Synod met at Saybrook, in 1708: And having compared the ſeveral Draughts of the Councils in each County, unanimouſly agreed in theſe three general Acts.

Iſt. They drew up and conſented to a Confeſſion of Faith; which is the ſame in Subſtance, and nearly in the ſame Words with the Westminſter and Savoy Confeſſions.

IId. They conſented to the general Plan of Eccleſiaſtical Government, contained in the Heads of Agreement aſſented to, by the united Miniſters, in England, formerly called Preſbyterian and Congregational.

IIIdly. They drew up ſome particular Articles and Rules for the Adminiſtration of Church Diſcipline. The Subſtance of which (ſo far as they ſeemed to contain any Thing new) was this, that whereas in former Times the Boundaries of the ſeveral Councils of Churches Conſociated for mutual Aſſiſtance, were unfixed, and left in the general Terms of the Neighbouring Churches. See Cambridge Platform, Chap. XV. Synod at Boſton, 1662. Now the ſeveral Neighbourhoods of Churches were more preciſely bounded, and limited to the reſpective Counties or Districts. Theſe Acts of the Synod were eſtabliſhed by the Laws of the civil Government: And are called the Eccleſiaſtical Conſtitution of the Churches of the Colony of Connecticut: And are frequently referred to in the Acts of the Truſtees; according to the original Plan of the College, mentioned in Page 2d.

The Truſtees made ſeveral Eſſays to remove the Rector, with his Family, to Saybrook, and propoſed to give him 50 Pounds Sterling, to bear the Charges of his Removal, and 60 Pounds Sterling Salary per Annum. But as this Encouragement was but ſmall, and his Removal was ſtrongly oppoſed by his People, and many of the Truſtees were not ſo well ſatisfied in fixing the College at Saybrook, as to act with ſo much Vigour as otherwiſe they would have done; his Removal was never effected; but the Students continued at Killingworth till his Death;1707 which was in April 1707, to the unſpeakable Grief and Loſs both of the College and of his People.

He was educated at Harvard College and graduated there Anno. 1668; was a hard Student, a good Scholar, a great Divine, and a wiſe, ſteady and judicious Gentleman in all his Conduct: He was for many Years a faithful and well reſpected Paſtor of the Church in Killingworth, and after he was choſen Rector, he inſtructed and governed the Infant College with general Approbation; and compoſed a Syſtem of Natural Philoſophy, which the Students recited for many Years.

Upon the Death of Mr. Rector Pierſon, the Rev. Mr. Andrew of Milford, was choſen Rector pro Tempore, until one could be obtained who ſhould reſide at the Collegiate School. Upon which the Senior Claſs were removed to Milford, to be under his immediate Care and Inſtruction till the Commencement. The reſt of the Students were removed to Saybrook, and put under the Care of two Tutors.

The Tutors and Students being now about twenty in Number, reſided and boarded in private Houſes, where they could be beſt accommodated. And the Students every Day came to their Tutors Chambers to Recitations and Prayers: Mr. Andrew moderated at the Commencements, and ſometimes gave or ſent Directions to the Tutors, in ſpecial Caſes: But inaſmuch as he lived at a great Diſtance, Mr. Buckingham of Saybrook, one of the Truſtees, (while he lived) was ſubſtituted to have ſome Kind of Inſpection over the Tutors and Students. In this obſcure State the College continued at Saybrook about ſeven Years, without any remarkable Occurrent or Alteration. And the Truſtees not being fully agreed or ſatisfied in their own Minds about the Place of the College; and their Incomes being ſcarce ſufficient to ſettle and ſupport a Reſident Rector; they made no conſiderable Attempts to procure one in all that ſpace of Time.

About this Time ſundry Donations of valuable Books were made to the Library,1713 particularly by Sir John Davie, of Groton, who had an Eſtate deſcended to him in England, together with the Title of Baronet: Upon his going to England, he ſent a good Collection of Books to the Library.

But the greateſt Donation of all was by the Generoſity and Procurement of Jeremiah Dummer, Eſq of Boſton, then Agent at London, who in the Year 1714 ſent above 800 Volumes of very valuable Books; about 120 of which were at his own Coſt and Charge; and the reſt by his Procurement from ſundry principal Gentlemen in England; particularly Sir Iſaac Newton, Sir Richard Blackmore, Sir Richard Steele, Dr. Burnet, Dr. Woodward, Dr. Halley, Dr. Bently, Dr. Kennet, Dr. Calamy, Dr. Edwards, the Rev. Mr. Henry, and Mr. Whiston, ſeverally gave a Collection of their own Works, and Governor Yale put in about 40 Volumes: All which I ſuppoſe to be worth 260 Pounds Sterling.

1714The Truſtees and the Colony in general were from the Beginning, not very well agreed in their Sentiments about the Place where to fix the College; and moſt Men's Sentiments were influenced by their Situation; and they generally choſe that Place which would beſt accommodate themſelves. Three or four Places were generally diſcourſed upon viz. Saybrook, Hew-Haven, and Hartford or Weathersfield. The Scholars were alſo ſomewhat uneaſy at their Situation, they thought that Saybrook was not compact enough for their Accommodation, ſince many of them were obliged to reſide above a Mile from the Place of publick Exerciſes,1715 and they were not pleaſed with their Inſtruction and Government; there being no reſident Rector, and the Tutors ſometimes very young. Many of the Students therefore, having manifeſted an Uneaſineſs and Diſreſpect towards their Tutors; the Truſtees met at Saybrook, Apr. 4 1716 and called the Students before them, and enquired into the Occaſion of their Uneaſineſs and Diſorder. They principally inſiſted upon the inſufficiency of their Inſtruction; and ſundry of them who lived in or near Hartford and Weathersfield, ſaid that it was a Hardſhip for them to be obliged to reſide at Saybrook, when they could as well or better be inſtructed nearer home. It is ſaid, that ſeveral of theſe Things were ſuggeſted to them by others, with a Deſign to help forward a Removal of the College.

The Truſtees entered into a long Debate upon all the Circumſtances of the Collegiate School, and it ſeems did not entirely agree in their Sentiments, and ſecret Views and Motives of Action; but at length they condeſcended to give a Sort of Toleration, that thoſe Students who were uneaſy, might go to other Places for Inſtruction, till the next Commencement.

Whereupon the greater Part of the Students went to Weathersfield, 1716 and were under the Inſtruction of Mr. Eliſha Williams; ſome went to other Places, and ſome remained at Saybrook; but the Small-Pox coming there, a little after, moſt of them removed to East-Guilford, June and continued there till the Commencement, under the Tuition of the Reverend Mr. Hart, and Mr. Ruſſel.

The Collegiate School being in this broken and tottering State, the People in ſeveral Parts of the Country begun to Subſcribe large Sums for Building the College, to induce the Truſtees to ſet it where it would beſt accommodate them. About £. 700 Sterling I ſuppoſe the Whole of that Sum was not actually paid. was ſubſcribed for New-Haven; and tis ſaid that about £. 500 Sterling was ſubſcribed for Saybrook; and a conſiderable Sum for Hartford or Weathersfield.

The Truſtees met at the Commencement at Saybrook, September 12, 1716, and entered upon the Conſideration of the State and Place of the Collegiate School, but not being perfectly agreed they adjourned to New-Haven, to meet on the 17th Day of October following; where were preſent, The Rev. Meſſrs. Samuel Andrew, Timothy Woodbridge, Joſeph Webb, Samuel Ruſſel, Moſes Noyes, John Davenport, Thomas Buckingham, Thomas Ruggles.

And Voted, that conſidering the Difficulties of continuing the Collegiate School at Saybrook, and that New-Haven is a very convenient Place for it, for which the moſt liberal Donations are given, the Truſtees agree to remove the ſaid School from Saybrook to New-Haven, and it is now ſettled at New-Haven accordingly. Five Truſtees preſent were in this Vote, Mr. Woodbridge and Mr. Buckingham were for Weathersfield; and Mr. Noyes declared, that he did not ſee the Neceſſity of removing the School from Saybrook; but if it muſt be removed, his Mind was to ſettle it at New-Haven.

At this Meeting the Truſtees received 250 Pounds Sterling, which was granted to them by the General Aſſembly ſome Years before (from the Sale of the equivalent Lands;) and having now in their Treaſury about 125 Pounds Sterling, Part of which might probably be the Effect of the Contribution in 1703, and Part of it ſaved by not having a Reſident Rector; and being alſo encouraged by the large Subſcriptions before-mentioned; they voted to build a large and convenient College and Rector's Houſe at New-Haven; and appointed a Committee to carry on the Work. The College accordingly was raiſed on the 8th Day of October following.

They alſo Voted, that the Rev. Mr. Andrew ſhould continue Rector, pro Tempore, till a ſettled Rector could be obtained, which they would Endeavour with all convenient Speed. And they choſe two Tutors; and ordered that Notice ſhould be given to all the Students belonging to the School, that Proviſion was made for their Inſtruction and Government here. And accordingly thoſe Scholars who had been at Guilford on Account of the Small-Pox, came to New-Haven; but none came from Weathersfield. They alſo choſe the Rev. Mr. Stephen Buckingham of Norwalk, to be a Truſtee; but he conſidering the preſent difficult State of Affairs, (and eſpecially his near Relatives at Saybrook) did not chooſe to act, for ſome Time. Then the Truſtees ſent the Entries of their Acts at this Meeting, to the Rev. Mr. James Noyes of Stonington, who ſigned them, and declared his hearty Concurrence with every Vote, on the 19th of December following.

The Truſtees met again at New-Haven, April 5,1717 1717, where were preſent, The Rev. Meſſrs. James Noyes, Samuel Andrew, Samuel Ruſſel, Joſeph Webb, John Davenport, Thomas Ruggles, Stephen Buckingham.

The foregoing Acts paſt at the laſt Meeting were all read and confirmed, and ſubſcribed to by all the Members preſent; except Mr. Stephen Buckingham. And again on the 11th of September following.

Theſe Proceedings were ſtrongly oppoſed by many Gentlemen in the Northern and Eaſtern Parts of the Government, and the Colony in general were much engaged on one Side or the other; inſomuch that the Affair was ſeveral Times moved in the General Aſſembly, for their Interpoſition; which occaſioned ſome warm Debates, but no Vote was paſt.

Notwithſtanding theſe Difficulties, the Truſtees ſteadily purſued their own Determinations of ſettling the College at New-Haven; and accordingly held the firſt Commencement here on September 11, 1717. To which four Senior Sophiſters came from Saybrook, and received the Degree of Batchelor of Arts, and ſeveral others commenced Maſters. Mr. Andrew moderated, and gave Degrees, as Rector pro Tempore. The laſt Year 13 Scholars had reſided at New-Haven, 14 at Weathersfield, and 4 at Saybrook.

Mr. Woodbridge and Mr. Buckingham were very deſirous to ſtop the Proceedings of the Truſtees in New-Haven, and therefore in October following, they entered a Kind of Remonſtrance to the General Aſſembly, then ſitting at New-Haven: wherein they repreſented, that the Votes of the Truſtees for fixing the College at New-Haven, paſt October 17th, 1716, and April 5th, 1717, were not legal Votes; for that the Major Part of the Truſtees were not in them. That there were Nine Truſtees at leaſt, ſubſiſting in October 1716, and but Four of them in the Vote, viz. Mr. Andrew, Mr. Webb, Mr. Ruſſel and Mr. Davenport. That Mr. Ruggles was choſen before he was forty Years of Age, and therefore that Choice was null. And that Mr. James Noyes's Conſent to that Act, at ſuch a Diſtance and ſo long after, could be no Confirmation of it. And that in the Act of April 1717, there were but Five Truſtees out of Ten.

To which the Truſtees, being then convened, replied, That in October 1716, there were but Nine Truſtees, Mr. Pierpont being dead, and none then choſen in his Room; and Mr. Mather of Windſor had been Bed-rid many Years, and had reſigned the Miniſtry; and therefore could not be look'd upon as a Truſtee. That if it ſhould be granted that Mr. Ruggles could not act as a Truſtee, at the Time when he was firſt nominated, yet he was forty Years old before the paſſing of that Vote; and the Truſtees by permitting him, in purſuance to a former Nomination, to ſit and act with them, thereby aſſociated him, according to the Charter. That inaſmuch as the Truſtees were not limited in their Way and Manner of acting or voting, Mr. Noyes, tho' abſent from the Meeting, might give his Conſent to an Act by ſubſcribing it at home, within two or three Months after, as well as if he had been preſent. And ſo there was a Majority of Six out of Nine. And in April 1717, after Mr. Stephen Buckingham was choſen, there was a Majority of Six out of Ten. But if Mr. Ruggles ſhould not be reckoned at either of the Meeting, nor Mr. Noyes, nor any other Truſtee when abſent, then there will be a Majority of thoſe who were preſent, which makes a legal Act.

Whereupon the upper Houſe were of Opinion, that the Objections againſt the Vote of the Truſtees were inſufficient. And after a long Debate in the lower Houſe, they did not ſee Cauſe to Vote any Thing upon it.

The Truſtees being then convened at New-Haven, Oct. 30 and being inclined to cut of all Occaſion of Objection for the future, paſt a Vote, wherein they declared and aſſociated Mr. Ruggles a Truſtee. And another Vote predicated upon ſundry former ones, wherein they finally ſettled the College at New-Haven, to which Seven Truſtees, for greater Solemnity, ſet their Hands, Viz.

The Reaſon aſſigned by the Truſtees in their Votes (and other Papers) for ſettling the College at New-Haven, were theſe; the Difficulty of keeping it at Saybrook, which aroſe partly from the Uneaſineſs of the Scholars, partly from the continual Endeavours of ſome to carry it to Hartford, which they ſuppoſed to be at too great a Diſtance from the Sea, and would no ways accommodate the Weſtern Colonies. That they look'd upon New-Haven to be in itſelf the moſt convenient Place, on the Account of the commodiouſneſs of its Situation, the agreableneſs of the Air and Soil, and the Cheapneſs of Commodities; and that very large Donations had been made towards the Building an Houſe there, without which they had not ſufficient to defray the Charge.

The Major Part of the General Aſſembly, being deſirous to ſtrengthen the Hands of the Truſtees in the preſent Difficulties, paſt the following Vote, in the ſame Seſſion, viz. That under the preſent Circumſtances of the Affairs of the Collegiate School, the Rev. Truſtees be adviſed to proceed in that Affair; and to finiſh the Houſe they have built in New-Haven, for the Entertainment of the Scholars belonging to the Collegiate School.

Notwithſtanding theſe Votes of the Truſtees and the General Aſſembly, ſome Gentlemen ſtill purſued their Deſign of carrying the College to Weathersfield, and therefore encouraged the Scholars there, which were about 14 in Number,1718 to continue there: and in May following they again moved the Affair to the General Aſſembly at Hartford. The lower Houſe voted, to deſire the Truſtees, to Conſent that the Commencements ſhould be held alternately at Weathersfield and New-Haven, till the Place of the School be fully determined. The Upper Houſe were of Opinion that the Place of the School was fully determined already, by the indiſputable Votes of the Truſtees, and the ſubſequent Advice of the Aſſembly thereupon; and therefore did not concur.

Preſently after this, the Collegiate School at New-Haven, received ſundry very large and generous Donations; (which were very acceptable at this difficult Time.) The greateſt of which was from the Honorable ELIHU YALE, of London, Eſq Governor of the Eaſt-India Company. He was Heir to a Manor in Wales, of the Value of 500 Pounds Sterling per Annum, beſides the vaſt Treaſures he got by his perſonal Induſtry while he was in the East-Indies. The paternal Eſtate (as it was ſaid) being entailed to the Male Heir of the Family, and he, having no Son, but three Daughters, ſent to his firſt Couſin and next Male Heir Mr. John Yale of New-Haven, with whom he had been formerly acquainted in England, to ſend him one of his Sons, to inherit the paternal Eſtate. Accordingly in the Year 1712, he ſent his Son Mr. David Yale, to London, who upon his Return was graduated at this College 1724.

Theſe Things brought Governor YALE into Correſpondence with the Honorable Governor Saltonſtall and the Rev. Mr. Pierpont of New-Haven, which was the Occaſion of his generous Donations. In the Year 1714 he ſent 40 Volumes of Books in Mr. Dummer's Collection. Laſt Year he ſent above 300 Volumes, both which Parcels I ſuppoſe to be worth 100 Pounds Sterling. This Summer he ſent Goods to the Value of 200 Pounds Sterling at prime Coſt, beſides the King's Picture and Arms; with ſome Intimations that he would yet add; and accordingly three Years after, he ſent to the Value of 100 Pounds more; both which Parcels were ſold here for an Equivalent to 400 Pounds Sterling.

Mr. Dummer at this Time alſo ſent 76 Volumes of Books, whereof 20 were Folios, in Value about 30 Pounds Sterling. The Honorable Gurdon Saltonſtall, Eſq and Jahaleel Brenton, of Newport, Eſq gave, each of them, 50 Pounds Sterling.

Upon the Receipt of theſe and other large Donations, the Circumſtances of the Collegiate School were very much altered for the better, and the Truſtees were now well enabled to finiſh the large and commodious College Houſe, which they had before erected; it was raiſed on the 8th Day of October 1717, and within a Year after was ſo far finiſhed, as to be fit for the commodious Reception of the Students. It was 170 Feet long, 22 Feet wide, and 3 Story high; made a handſome Appearance, and contained near 50 Studies in convenient Chambers, beſides the Hall, Library and Kitchin, and Coſt about 1000 Pounds Sterling.

On September 12, 1718, there was a ſplendid Commencement held at New-Haven, where were preſent, beſides the Truſtees, the Honorable GURDON SALTONSTALL, Eſq Governor of the Colony of Connecticut, the Honorable William Taylor, Eſq as repreſenting Governor Yale, the Honorable Nathan Gold, Eſq Deputy Governor, ſundry of the worſhipful Aſſiſtants, the Judges of the Circuit, a great Number of Rev. Miniſters, and a great Concourſe of Spectators.

The Truſtees, in Commemoration of Governor Yale's great Generoſity, called the Collegiate School, after his Name, YALE-COLLEGE; and entred a Memorial thereof upon Record, which is as follows.

Which I ſhall tranſlate, for the Sake of the Engliſh Reader.

On the Commencement Day Morning, this Monument both of Generoſity and Gratitude was with ſolemn Pomp read off in the College Hall, both in Latin and Engliſh; then the Proceſſion moved to the Meeting-Houſe, to attend the Publick Exerciſes of the Day: Wherein, beſides the Oration made by one of the Bachelors, the Rev. Mr. John Davenport, one of the Truſtees, at the Deſire of the Body, made a florid Oration, wherein he largely inſiſted upon and highly extolled the Generoſity of Governor Yale. Eight Candidates received the Honour of a Degree of Bachelor of Arts; and ſeveral more were created Maſters. And the Honorable Governor Saltonſtall was pleaſed to Grace and Crown the whole Solemnity, with an elegant Latin Oration; wherein he congratulated the preſent happy State of the College, in being ſixed at New-Haven, and enrich'd with ſo many noble Benefactions; and particularly celebrated the great Generoſity of Governor Yale, with much Reſpect and Honour.

After this the Truſtees ſent a very Complaiſant Letter of Thanks to Governor Yale; and gave him a particular Account of all the Tranſactions at the Commencement. They alſo ſent a Letter of Thanks to their great Friend and Patron Jeremiah Dummer, Eſq for his late Donation of Books; and another to the Honorable General Nicholſon for his Donation of Books in Mr. Dummer's Collection; and for a late Donation, the Number or Value of which I can't find.

On the ſame Day upon which the Commencement was carried on at New-Haven, ſomething like a Commencement was carried on at Weathersfield, before a large Number of Spectators; five Scholars, who were originally of the Claſs, which now took their Degrees at New-Haven, performed publick Exerciſes; the Rev. Mr. Woodbridge acted as Moderator; and he and Mr. Buckingham and other Miniſters preſent ſigned Certificates, that they judged them to be worthy of the Degree of Bachelor of Arts; theſe Mr. Woodbridge delivered to them in a formal Manner in the Meeting-Houſe; which was commonly taken and repreſented as giving them their Degrees.

Notwithſtanding this Irregularity, which wiſe and good Men fell into in a Time of Strife and Temptation; yet the Truſtees were diſpoſed to condeſcend, as far as poſſible, to gain and reconcile thoſe who had withdrawn from them; and therefore ordered,Sept. 13. that if any of thoſe Five Scholars ſhould produce to the Rector, a Teſtimony under the Hands of any two Truſtees, of their having been approved by them, as qualified for a Degree, the Rector upon eaſy and reaſonable Terms, ſhould give them a Diploma in the uſual Form, and that their Names ſhould be inſerted in the Claſs, as they were at firſt placed; which was done accordingly. They alſo directed the reſt of the Scholars remaining at Weathersfield to come to New-Haven, and paid for their Tuition while they were there.

Oct. 9.The General Aſſembly in October following, in Order to quiet the Minds of People, and introduce a general Harmony in the Publick Affairs, ordered that a State Houſe ſhould be built at Hartford, to compenſate for the College at New-Haven; that 25 Pounds Sterling ſhould be given to Saybrook for the Uſe of the School, to compenſate for the Removal of the College: That the Governor and Council ſhould, at the Deſire of the Truſtees, give ſuch Orders as they ſhould think proper for the Removal of the Library from Saybrook to New-Haven: That the Scholars at Weathersfield, ſhould go to New-Haven; and the College ſhould be carried on, promoted and encouraged at New-Haven, and all due Care taken for its flouriſhing.

In December following the Governor and Council, at the Deſire of the Truſtees, met at Saybrook; and gave a Warrant to the Sheriff, to deliver the Books to the Truſtees. The Houſe where the Books were, was filled and ſurrounded with a great Number of Men, who were determined to prevent the Removal of the Books; and therefore reſiſted the Officer: But he, with his Attendants, broke open the Door, and delivered the Books to the Truſtees, or their Order; and ſo they were conveyed to New-Haven. But in this Tumult and Confuſion, about 250 of the moſt valuable Books, and ſundry Papers of Importance were conveyed away by unknown Hands, and never could be found again.

After this unhappy Struggle, the Spirits of Men began, by Degrees to ſubſide; and a general Harmony was gradually introduced among the Truſtees, and the Colony in general. The Rev. Mr. Woodbridge and Mr. Buckingham became very friendly to the College at New-Haven, and forward to promote all its Intereſts. The Truſtees, in Teſtimony of their Friendſhip and Regard to Mr. Woodbridge, choſe him Rector pro Tempore; and he accordingly moderated and gave Degrees at the Commencement Anno 1723. Yet in this Time of Anarchy and Confuſion, while all College Order and Authority was in a Manner diſſolved, the Scholars contracted ſuch licentious and vicious Habits, as were not wholly ſuppreſſed and extirpated out of the College in ſeveral Years.

Governor Yale, 1721 the great Benefactor to this College died July 8th, 1721. He deſcended from an ancient and wealthy Family in Wales; who for many Generations poſſeſt the Manor of Plas Grannow, and ſeveral other Meſſuages, near the City of Wrexham, of the yearly Value of 500 Pounds. Thomas Yale, Eſq the Governor's Father, for the Sake of Religion, came over to America with the firſt Settlers of New-Haven, in the Year 1638. Here the Governor was born, April 5, 1648. He went to England at the Age of about 10 Years; to the East-Indies at about 30, where he lived near 20 Years; acquired a very great Eſtate, was made Governor of Fort St. George; married an Indian-Lady of Fortune, the Relict of Governor Hinmers, his Predeceſſor; by whom he had three Daughters; viz. Katharine, who was afterwards married to Dudley North, Eſq commonly called Lord North. Ann, who was married to the Lord James Cavendiſh, Uncle to the Duke of Devonſhire. And Urſula, who died unmarried. After his Return to London, he was choſen Governor of the Eaſt-India Company; and made the Donations beforementioned. And it is ſaid, that a little before his Death, he wrote his Will, wherein he gave 500 Pounds more: But afterwards, thinking it was beſt to execute that Part of his Will in his Life-time, he packed up Goods to that Value, ready to be ſent; but before they were ſhipped, he took a Journey into Wales, and died at Wrexham, in or near the Seat of his Anceſtors. So that the Goods were not ſent; neither could the Will obtain a Probate; altho' Governor Saltonſtall took much Pains to effect it.

He was a Gentleman, who greatly abounded in good Humour and Generoſity, as well as in Wealth: And his Name and Memory will be gratefully perpetuated in YALE-COLLEGE.

After the College was fixed at New-Haven, was enriched with ſundry noble Benefactions, and had a handſome and commodious Houſe built for the Reception of the Students, it began to flouriſh; and was much more taken Notice of in the World, than it was in its more obſcure State at Saybrook. The Number of the Students was now about 40, who were under two Tutors, and ſometimes viſited by Mr. Andrew, Rector pro Tempore. But yet the College was under great Inconveniencies both with Reſpect to Government and Inſtruction, for want of a Reſident Rector.

The Truſtees therefore met at New-Haven,1719 in March 1719, and choſe the Rev. Mr. Timothy Cutler, Miniſter of Stratford, to be Reſident Rector, till the next Meeting of the Truſtees. He preſently came to New-Haven, and entred upon the Buſineſs. At the next Commencement the Truſtees voted, that Mr. Cutler's Service hitherto in the Place of a Rector was to their good Satisfaction, and therefore they deſired him to continue in it.1720 And after ſeveral Conferences with, and Propoſals to the People at Stratford, it was finally agreed, that the People at Stratford ſhould have Mr. Cutler's Houſe and Home-lot there, in Conſideration of his Removal; and that the Truſtees ſhould give him 84 Pounds Sterling for it: Which was paid out of the 120 Pounds lately given by the General Aſſembly, by the Sale of Lands.1721

To accommodate the Rev. Mr. Cutler and his Family, the Truſtees built the Rector's Houſe,1722 in the Year 1722, which with the Land and Appurtenances Coſt 260 Pounds Sterling, of which 35 Pounds was raiſed by Subſcription, 55 Pounds by a general Contribution, 115 Pounds by Impoſt on Rum, and 55 Pounds out of Governor Yale's laſt Donation.

The College ſeemed now to be in a ſettled and flouriſhing State, but there was a ſudden and unexpected Change; for at the next Commencement, it was diſcovered, that the Rector, one of the Tutors, and two of the neighbouring Miniſters had agreed to leave the Communion of the Churches in the Colony of Connecticut, and to go to England for epiſcopal Ordination. This Event was ſomewhat ſurpriſing to the Truſtees and to the Body of the People; for at that Time there was not one epiſcopal Miniſter in the Colony of Connecticut; and but very few of the Laity, who were epiſcopally inclined. Whereupon the Truſtees met, and paſſed the following Votes.

1723Mr. Daniel Turner of London ſent to the Library ſundry Volumes of his own Works, on Phyſick and Chirurgery; and a Collection of other valuable Books, principally on the ſame Subject; and particularly the large Volume of Cowper's Anatomy. Whereupon the Truſtees ſent him a Diploma, creating him Doctor of Phyſick.

The Controverſy about moving the College had occaſioned ſeveral Queſtions upon the College Charter;Oct. 10 1723 whereupon the General Aſſembly made an Explanatory and additional Act; in which it was declared, that any Truſtee might reſign his Office when he ſhould ſee cauſe. That ſeven Truſtees conven'd at any Meeting, properly warned, ſhould be a Quorum; and have Power to act by a Majority then preſent: And to appoint a Clerk to Regiſter their Acts. That a Miniſter of Thirty Years of Age, might be choſen a Truſtee: And that the Rector ſhould be a Truſtee ex Officio. There was, for a Time, ſome Heſitation about the Reception of this Act.

After Mr. Cutler's Removal there was no ſettled reſident Rector for near 4 Years. In this Interval the Truſtees agreed, that each of them, by turns, ſhould reſide at College, about a Month at a Time, with the Authority of a Rector. But this Form of Government did not very well anſwer the End; for tho' there were ſeveral Inſtances of ſtrict Diſcipline and Puniſhment of Offences; yet the ill Habits formerly contracted by the Students were not eaſily and ſuddenly eradicated, and before the Vice-Rector could have Time to learn ſufficient Experience how to execute his Office to Advantage, he reſigned his Poſt. But at the Commencements, Mr. Andrew moderated, and gave Degrees, in the Years 1724, 1725 and 1726.

In September 29, 1725,1725 the Truſtees choſe the Rev. Mr. Eliſha Williams, Miniſter of Newington, in Weathersfield, to be Rector of the College; and appointed Mr. Woodbridge, Mr. Buckingham and Mr. Whitman, to obtain his acceptance of the Office. In May following they put in a Memorial to the General Aſſembly, deſiring them to make Satisfaction to the Pariſh of Newington, on the Account of their Miniſter's Removal; and they accordingly releaſed the Pariſh from their County Tax for Three Years.

The Circumſtances of Mr. Williams's Removal were1726 not ſettled before the next Commencement. And therefore, Mr. Andrew ſtill preſided. And on the next Day after, Mr. Rector Williams was inſtalled, in the following Manner, viz. In the Library, before the Truſtees, he gave his Conſent to the Confeſſion of Faith and Rules of Church-Diſcipline, agreed upon by the Churches of this Colony, in 1708. After Dinner he made a publick Oration in the Hall; and the Truſtees ſucceſſively came and ſaluted him as RECTOR.

After Mr. Rector Williams was ſettled in his Poſt, he began, by Degrees, more effectually to ſuppreſs Vice and Diſorder among the Students; and to introduce and ſettle a Number of good Cuſtoms: A Taſte for many Parts of uſeful and polite Literature increaſed; and the State of the College has been gradually growing better ever ſince.

1730In the Year 1702, Major James Fitch gave a Deed, in Confirmation of the Donation of Land, he had made ſome Time before. Afterwards there was a Controverſy and Law Suit with Mr. John Fiſk, and James Leavins, about the Bounds of it, (they having a Survey which interfered with it.) A Clauſe in the Deed to the College was conſtrued to Limit the Grant to Saybrook. Upon an Agreement with Major Fitch, in the Year 1719, he gave the Truſtees a new Deed of it; and they paid him 15 Pounds Sterling in Money, and expended 15 Pounds more for pious Uſes, according to Major Fitch's Direction. And finally, in the Year 1730, to put an End to all Controverſies with Mr. Fiſk and Leavins, the Truſtees, by Way of Exchange, gave them a Deed of the Land given by Major Fitch, and they gave the Truſtees a Deed of 628 Acres of Land in SALISBURY. I judge that the Truſtees gave and expended, in various Ways on Account of the ſaid Land, near half the Value of it, at that Time.

1732In October 1732, the General Aſſembly were pleaſed generouſly to Grant 1500 Acres of Land to the College, viz. 300 in each of the new Towns of Norfolk, Canaan, Goſhen, Cornwal and Kent. In Confirmation of which a Patent was given May 16, 1741.

The Rev. Dr. GEORGE BERKELEY, then Dean of Derry, in Ireland, afterwards Biſhop of Cloyne, came into North-America, in Order to found an Epiſcopal College. He reſided a Year or two at Newport in Rhode-Iſland, where he purchaſed a Country Seat, with about 96 Acres of Land; and became acquainted with the Rev. Mr. Jared Eliot of Killingworth, one of the Truſtees, the Rev. Mr. Samuel Johnſon, Epiſcopal Miniſter at Stratford, and ſome other Gentlemen, who informed him of the State and Genius of this College; he had alſo a Correſpondence with Mr. Rector Williams; all which were the Occaſions of his generous Donations. While he reſided at Newport, he ſent all his own Works, a Preſent to the College. It ſo happened, that he did not purſue his Deſign of founding a College in North-America; but returned back to London. And being a Gentleman who was furniſhed with a great Treaſure of ingenious and polite Learning, and endowed with a generous Diſpoſition to promote and propagate the ſame among Mankind; he ſent a Deed of his Farm at Rhode-Iſland to this College, in the Year 1732. The Deſcriptions and Conditions in the Deed not being perfectly adapted to the State of the College, at the Deſire of the Truſtees he, next Year, ſent another Deed, in which it was ordered, that the Rents of the Farm, (after neceſſary Charges are deducted,) ſhould be appropriated to the Maintenance of the Three beſt Scholars in Greek and Latin, who ſhould reſide at College, at leaſt nine Months in a Year, in each of the Three Years between their firſt and ſecond Degrees: That on the 6th Day of May annually, or in Caſe that ſhould be Sunday, on the Seventh, the Candidates ſhould be publickly examined by the Preſident or Rector, and the Senior Epiſcopal Miſſionary within this Colony,1733 who ſhould be then preſent; and in Caſe none be preſent, then by the Preſident only. And in Caſe the Preſident and Senior Miſſionary ſhould not agree in their Sentiments, who are the beſt Scholars, the Caſe ſhall be determined by Lot. And that all Surpluſages of Money which ſhould happen by any Vacancies, ſhall be diſtributed in Greek and Latin Books to ſuch under-graduate Students as ſhould make the beſt Compoſition or Declamation in the Latin Tongue, upon ſuch a moral Theme as ſhall be given them.

This Premium has been a great Incitement to a laudable Ambition to excell in the Knowledge of the Claſſics.

At the ſame Time the Rev. Dr. Berkeley purſuing his generous Intentions, ſent to this College the fineſt Collection of Books that ever came together at one Time into America. The Number was near 1000 Volumes, (including thoſe which he had ſent before) whereof 260 were Folios, and generally very large. I judge that this Collection coſt, at leaſt 400 Pounds Sterling. This Donation of Books was made, partly out of the Doctor's own Eſtate, but principally out of Monies which he procured from ſome generous Gentlemen in England. Upon the Receipt of them, the Truſtees ſent the Doctor a Letter of Thanks, and have ſince given him repeated Expreſſions of the grateful Senſe which they retain of his Generoſity towards this College.

1739The College flouriſhed many Years under Mr. Rector Williams's Adminiſtration; but the Sea Air and ſoutherly Winds at New-Haven did not agree with his Conſtitution, and ſometimes incapacitated him for Buſineſs, ſo that he found himſelf by Degrees neceſſitated to reſign his Office; which he accordingly did, at a Meeting of the Truſtees October the 31ſt, 1739. The Truſtees returned him their hearty Thanks for his good Service to the College.

After this he retired, and lived on his own Eſtate at Weathersfield; was ſoon made Speaker of the Honorable Houſe of Repreſentatives, a Judge of the Superior Court, and Colonel of a Regiment, in an intended Expedition againſt Canada. Afterwards he went to England, to receive the Wages due to himſelf and his Regiment; and there cultivated a perſonal Acquaintance, with ſeveral Gentlemen of Diſtinction; and married a Gentlewoman of ſuperior Accompliſhments. He then returned to his Seat at Weathersfield; and died there, July 24th, 1755.

He was educated at Harvard-College in Cambridge, in New-England, and graduated there, Anno. 1711: Was furniſhed with moſt Parts and Kinds of academical Literature: And left the College in a much better State than he found it. His juſt Character is given at large in a funeral Sermon preached by the Rev. Mr. Lockwood; and in the Appendix. The Rev. Dr. Doddridge, who had an intimate Acquaintance with him in England, gives this Short, but comprehenſive Character of him, in a Letter to a Friend; I look upon Col. Williams to be one of the moſt valuable Men upon Earth, he has joined to an ardent Senſe of Religion, ſolid Learning, conſummate Prudence, great Candour and ſweetneſs of Temper, and a certain nobleneſs of Soul, capable of contriving and acting the greateſt Things, without ſeeming to be conſcious of his having done them.

October 31, 1739, the Rev. Mr. Thomas Clap, Miniſter of Windham, was choſen Rector of this College; and the Rev. Meſſieurs Ebenezer Williams, and Samuel Woodbridge, were appointed a Committee to treat with him and his People, in Order to obtain his Acceptance of the Office. The Committee went to Windham on the 10th of November; having given previous Notice of their coming and Deſign. The Generality of the People could not be ſatisfied that it was their Duty to part with their Miniſter, on this Occaſion; on the other Hand they were not ſatisfied that they ſhould be in the Way of their Duty to oppoſe his going; ſo that after a conſiderable Debate, they did little or nothing, but left the whole Affair to the Conduct of Providence.

The Committee moved for the calling of a Council of the Churches in the County, to adviſe in this important Affair; who after a publick Hearing of the Objections, which ſome of the People made againſt his Removal, gave it as their Opinion and Advice, That it was Mr. Clap's Duty to accept of the Office of Rector of the College, as being a Call of Providence, to greater and more extenſive Uſefulneſs. The Committee of the Truſtees conſidering the great Inconveniencies which the College had formerly ſuſtained by the long Intervals in which it was deſtitute of a reſident Rector, urged Mr. Clap to be ſpeedy in accepting and undertaking the Buſineſs: Whereupon he concluded to accept of it, as a Call of Providence; and accordingly in December made a Viſit to the College.

1740At a Meeting of the Truſtees, on the 2d Day of April following, he was inſtalled, in the following Manner, viz. He gave his Conſent to the Confeſſion of Faith and Rules of Church Diſcipline, agreed upon by the Churches in the Colony of Connecticut, aſſembled by Delegation at Saybrook, in the Year 1708: And gave Satisfaction as to the Soundneſs of his Principles, according to the Act of the Truſtees, Anno. 1722. Then they went into the Hall; the Rev. Mr. Whitman, the Moderator began with Prayer; and one of the Students made an Oration proper for the Occaſion; then the Moderator made a Speech, in Latin, wherein he committed the Care of inſtructing and governing the College to the Rector; and he concluded the whole with an Oration.

The Truſtees met at Hartford in May following; and the Committee of the firſt Society in Windham, moved that they might have Recompence for the Removal of their Paſtor; they mutually agreed to refer it to three Gentlemen of the General Aſſembly, to conſider what Recompence they ought to have; thoſe Gentlemen were of Opinion, that inaſmuch as Mr. Clap had been in the Miniſtry at Windham 14 Years, which was about Half the Time Miniſters in general continue in their publick Work; the People ought to have Half ſo much as they gave him for a Settlement, which upon Computation was about 53 Pounds Sterling. Whereupon the Truſtees put in a Memorial to the General Aſſembly, praying them to grant that Sum to the People of Windham; which they readily did.

The College was now, in the main, in a good State; yet not ſo perfect, but that it would admit of ſundry Emendations. The Rector therefore endeavoured by all Ways and Means in his Power, to bring it forward towards a State of Perfection. The firſt Buſineſs of ſpecial Importance, which he entered upon, was the compiling a Body of Laws. At the firſt founding of this College, it was ordered, that where no ſpecial Proviſion was made by the Truſtees, the Laws of Harvard-College ſhould be the Rule. About the Time the College was fixed at New-Haven, a ſhort Body of Laws was drawn up, which was uſually tranſcribed by the Scholars at their Admiſſion; but theſe, in Time, were found to be very defective; and ſeveral of them became obſolete. In the Year 1735, the Truſtees appointed a Committee with the Rector, to draw up a new Body; but he, being in a declining State of Health, did little or nothing upon it. As ſoon therefore as Rector Clap was fixed in his Poſt, the Truſtees deſired him to enter upon the Buſineſs; accordingly a large Body was drawn up, partly out of the ancient Laws and Statutes of this College, partly from the principal and moſt important Cuſtoms which had obtained, partly from the Laws of Harvard College, and partly from the Statutes of the Univerſity of Oxford; and ſome few new ones were added. This Body was peruſed by a Committee, then by moſt of their Members at their own Homes, and after ſeveral Readings at the Truſtee's Board, paſſed their Sanction in 1745. Theſe Laws were afterwards tranſlated into Latin and printed in 1748: And ſome Additions have been made ſince, with ſeveral new Editions.

About the ſame Time the Rector collected and wrote down, under proper Heads, all the Cuſtoms of College, which had from Time to Time obtained and been eſtabliſhed by Practice, which made as large a Volume as the Statutes. By all which Means, the Rules by which the Officers and Students of the College were to conduct themſelves, became better fixed and known, and the Government of the College was rendered more ſteady and uniform, and leſs arbitrary.

Before this Time there never had been any perfect Catalogue of the Books in the Library;1742 for want of which the Students were deprived of much of the Benefit and Advantage of them. The Rector therefore placed all the Books in the Library, in a proper Order (but in Honour to the Rev. Dr. Berkeley, for his extraordinary Donation, his Books ſtood by themſelves, at the South End of the Library) and put a Number to every Book in it's proper Claſs and Box; and then took three Catalogues of the Books, one as they ſtood in their proper Order on the Shelves; and another in an Alphabetical Order; and a Third, wherein the moſt valuable Books were placed under proper Heads, according to the Subject Matter of them; together with Figures referring to the Place and Number of each Book. By which Means it might be eaſily known what Books were in the Library upon any particular Subject, and where they might be found, with the utmoſt Expedition. This Catalogue was printed, and was a great Incitement to the Diligence and Induſtry of the Scholars in reading of them. About the ſame Time the General Aſſembly augmented their annual Grant to the College, whereby they were enabled to ſupport three Tutors, one to each Claſs, including the Rector. This removed a great Inconveniency which the College had before been under by one Tutor's hearing two Claſſes, and ſometimes more. And thereupon the Scholars ſtudied and recited much more than they had done in Years paſt.

1743Mr. Anthony Nougier of Fairfield, in his Will, was pleaſed generouſly to beſtow on this College Twenty Seven Pounds Sterling, to be put out to Intereſt, and the Intereſt thereof to be appropriated for the Maintenance of the Rector and Tutors and their Succeſſors forever, in Part. This Sum was received in 1744, and put out to Intereſt accordingly.

1744The former Acts or Charters did not eſtabliſh the College in ſo perfect and complete a Form as it was capable of; particularly the Name, Truſtees, by which the firſt Undertakers and Founders of the College and their Succeſſors were uſually called, was not ſo proper and uſual a Title for the Governors of a College, in a more mature and perfect State. The Rector therefore drew up a Draught of a new Charter, wherein the Truſtees were incorporated by the Name of, The Preſident and Fellows of Yale-College in New-Haven. This Draught was reviſed by the Honorable Thomas Fitch, Eſq and approved by the Truſtees, and by them ordered to be preſented to the Honorable the General Aſſembly for their Sanction: Which was obtained in May following; and is as follows, viz.

Mr. Samuel Lambert, 1746 of New Haven, a Scotch Merchant, by his Will, dated February 19th, 1718, gave almoſt all his Eſtate, for the Benefit of the College; and ordered, that Ten Pounds ſhould be paid to the Truſtees, towards the Building of the College; and the reſt to be paid, three Pounds Sterling to each Scholar graduated at New-Haven, who ſhould ſettle in the Miniſtry; and impowered his Executors to ſell his Lands for that End. The Executors paid the Ten Pounds to the Truſtees, but being informed that there was a large Debt due from the Eſtate, in England, paid nothing to the graduated Miniſters; and they living at a great Diſtance, and ſome Difficulties intervening, did nothing further in many Years. In the mean Time many of the young Miniſters grew uneaſy, and ventured to ſell ſome of the Lands, tho' none of them had any Authority to ſell; and the greater Part had no Right to the Money, becauſe, as the Lands were appraiſed in the Inventory, the Money would all be run out, before it came to them. And other Perſons, who had no Pretence of Right, got into Poſſeſſion of ſome of the Lands, and kept them ſo long as to claim them by Poſſeſſion. And it appeared that Mr. Lambert was cheated in ſome Parcels, becauſe the Perſons who ſold them to him, had no Right. The Preſident being unwilling that the Eſtate ſhould be loſt, as to the End for which it was given, ſet up a Notification in the Hall at the Commencement 1744, deſiring thoſe Miniſters who had any Intereſt, to meet and conſult upon it. They met and choſe a Committee to Manage the Affair; but they found it attended with ſo many Difficulties that they could not do it, to any Advantage; and therefore agreed to reſign it up to the Preſident and Fellows; who would be under a better Capacity to manage it. Accordingly moſt of thoſe who were ſuppoſed to have any Intereſt, freely reſigned it up to the Preſident and Fellows, to be improved for the Benefit of the College, in ſuch a Manner as they ſhould think beſt; and the reſt of the Rights were purchaſed. And the Executors gave to the Preſident and Fellows a Deed of all the Lands of which Mr. Lambert died ſeized; whereupon with conſiderable Pains and Expence, they became poſſeſſed of about an Hundred Acres of Land in Wallingford, and Sixty Two Acres, lying in five Parcels, in New-Haven; excluſive of thoſe ſold by the young Miniſters.

The Honorable Phillip Livingston, Eſq one of his Majeſty's Council for the Province of New-York, having had four Sons educated at this College, was pleaſed generouſly to beſtow Twenty Eight Pounds and Ten Shillings Sterling, to be put out to Intereſt, and the Intereſt to be appropriated for the Support of a Profeſſor of Divinity, or to any other Uſe the Preſident and Fellows ſhould think to be moſt for the Advantage of the College. And they being of Opinion that a Profeſſor of Divinity would be moſt Advantageous, appropriated the Donation to that Uſe.

1748The Number of Students being about One Hundred and Twenty, more than half of them were obliged, for want of Room, to live out of the College; which was upon many Accounts inconvenient. The Preſident therefore projected a Scheme for building a new College Houſe. And accordingly, upon Conſultation with ſome of the Fellows, obtained of the General Aſſembly in May 1747, the Liberty of a Lottery for that Purpoſe; by which Five Hundred Pounds Sterling was raiſed, clear of all Charge and Deductions.

The Foundation of the Houſe was laid April the 17th, 1750. And the Outſide was finiſhed in September 1752.It took about 230,000 Bricks, and the Coſt of the Outſide was about £. 1180 Sterling. It is 100 Feet long, 40 Feet wide,1750 and three Story high, beſides the Garrets; and a Cellar under the whole, containing 32 Chambers, and 64 Studies. It makes a good Appearance, and was ſet back in the Yard that there might be a large and handſome Area before it, and toward the North Side of the Yard, with a View that when the old College ſhould come down, another College or Chapel or both ſhould be ſet on the South of the preſent Houſe; and additional Lands were purchaſed on the North and on the Weſt for better Accommodation.

The General Aſſembly in October 1749, ordered, that 363 Pounds in the Hands of Gurdon Saltonſtall, Eſq which came by a French Prize, taken by the Frigate belonging to the Government; and in October 1751, ordered that the Remainder of the Prize aforeſaid, and the Effects of the ſaid Frigate (which, after the War, was ſold) amounting to 500 Pounds more, and in October 1754, £. 280 in the Hands of Gurdon Saltonſtall, and Jabez Hamlin, Eſqrs, on ſome old Accounts, ſhould be paid to the Preſident, towards building the new College.

1751The Outſide of the Houſe being finiſhed, principally by the Generoſity of the Government, (tho' nothing came directly out of the publick Treaſury) the Preſident and Fellows, at the Commencement 1752, ordered that the New College be called and named CONNECTICUT-HALL, and then walked, in Proceſſion, into it, and the Beadle, by Order, made the following Declaration, viz.

CUM e Providentiae Divinae Favore, per Coloniae Connecticutenſis Munificentiam gratiſſimam, hoc novum Edificium Academicum, Fundatum et Erectum fuerit; in perpetuam tantae Generoſitatis Memoriam, Aedes haec nitida et ſplendida, AULA CONNECTICUTENSIS nuncupetur.

In Engliſh thus; WHEREAS thro' the Favour 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.

The Building of this new Houſe was very neceſſary; for, after it was finiſhed, both Houſes would not contain all the Students, which were then in Number more than 170; ſo that more than 50 were obliged to live out of College.

Biſhop Berkeley received Information from Time to Time, by Letters, and from Gentlemen who were occaſionally here, concerning the Management and Effects of his generous Donations; particularly from an Iriſh Gentleman, who was preſent at one of his Examinations, and carried to him two Calculations, made by his Scholars, viz. one of the Place of the Comet, at the Time of the Flood; which appeared Anno 1680, having a periodical Revolution of 575½ Years; which Mr. Whiſton ſuppoſes to have been the Cauſe of the Deluge. And another of the remarkable Eclipſe of the Sun in the 10th Year of Jehoiakim; mentioned by Herodotus, Lib. I. Cap. LXXIV. And in Uſhers Annals. The Biſhop, therefore, about that Time, wrote ſeveral Complaiſant Letters to the Preſident, in one of which dated July 25, 1751, he has theſe Words, viz.

The daily Increaſe of Religion and Learning, in the Seminary under your auſpicious Care and Government, gives me a very ſenſible Pleaſure, and an ample Recompence for all my Donations. He died within a few Months after; and this College will always retain a moſt grateful Senſe of his Generoſity and Merits; and probably, a favourable Opinion of his Idea of material Substance; as not conſiſting in an unknown and inconceivable Substratum, but in a stated Union and Combination of ſenſible Ideas, excited from without, by ſome Intelligent Being. His juſt Character is elegantly ſummed up in his Epitaph.

The College Lands in the County of Litchfield, mentioned Anno 1732, lying in the moſt remote and uncultivated Part of the Colony, had hitherto lain wholly dormant; Land being ſo plenty in the County, none appeared as Tenants upon any advantageous Terms. And the Corporation being deſirous to put the Lands under ſome profitable Improvement, more eſpecially for maintaining a Profeſſor of Divinity; the Preſident projected the following Scheme, viz. that the Lands ſhould be leaſed for the Term of 999 Years; the Rent to be the Intereſt of the preſent Value of the Lands, at 5 per Centum; to be forfeited in Caſe of non Payment of the Rent, at the annual Times appointed, but redeemable within Six Months after, upon Payment of the Rent, with lawful Intereſt upon it. This Method of Leaſing appeared upon all Accounts, to be the moſt Advantageous both for Landlord and Tenant. The Rents were ſecured to the College in the beſt Manner, and they were free from the Trouble and Charge of Inſpection and Reparation. And the Tenants had all poſſible Encouragement to cultivate and improve the Lands, as their own. And the Rents were much higher than moſt other Lands were leaſed for, altho' cleared and fenced; tho' poſſibly in future Times they may ſeem low. Upon theſe Terms ſundry Parcels were leaſed out, from Time to Time, as there was opportunity.

The Farm at Rhode-Iſland given by Biſhop Berkeley, in purſuance to the Advice of the Rev. Mr. George Berkeley, the worthy Son of the Donor, was in the Year 1762 leaſed to Captain John Whiting, for the Term of 999 Years; upon the ſame Conditions with the other College Lands, before-mentioned. The annual Rent to be 18 Pounds Sterling, and 40 Rods of Stone-Wall, to the Year 1769: Then £. 36, to the Year 1810; and after that 240 Buſhels of good Wheat, to the End of the Term.

The College was in an agreeable and happy State, in moſt Reſpects, but had for many Years been under, ſome Difficulties and Diſadvantages with Regard to Religion. The Corporation in the Year 1746, Voted, That they would chooſe a publick Profeſſor of Divinity in the College, as ſoon as they could procure a ſufficient Support. In the Year 1752,1752 the Neceſſity appearing to be greater, they Voted, That a Profeſſor of Divinity in the College would be upon all Accounts Advantageous, and therefore reſolved, that they would endeavour to get a Support for ſuch a Profeſſor, as ſoon as may be; by all ſuch Ways and Means as Prudence ſhould direct: And afterwards, ordered, that one half of the College Lands, in the County of Litchfield, ſhould be leaſed out for that Purpoſe.

1753 Octo. The General Aſſembly reſolved, that one principal End propoſed in erecting the College was to ſupply the Churches in this Colony with a learned, pious and orthodox Miniſtry; to which End it was requiſite that the Students of the College ſhould have the beſt Inſtructions in Divinity, and the beſt Patterns of Preaching, ſet before them. And that the Settling a Learned Pious, and Orthodox Profeſſor of Divinity in the College, would greatly tend to promote that good End and Deſign. And therefore recommended a general Contribution to be made in all the Religious Societies in the Colony, for that Purpoſe. A French War, and extraordinary Taxes coming on, it was tha't beſt to have it in the Form of a Subſcription: Of which you have an Account afterwards. The College being in Danger of being infected with Errors, the Corporation deſired the Preſident to undertake and carry on the Work of a Profeſſor of Divinity, by preaching to the Students in the College Hall on the Lord's Day, until a Profeſſor of Divinity could be obtained: which he accordingly did, with the Aſſiſtance of ſundry Miniſters; in purſuance to the Advice of the general Aſſociation. And to preſerve and ſecure the Religion of the College upon it's original Foundation and Conſtitution, they came into the following Act.

In September 1755 the Corporation nominated the Rev. Mr. Naphtali Daggett, 1755 Paſtor of a Church on Long-Iſland, to be Profeſſor of Divinity. Upon Application made to the Preſbytery he was diſmiſs'd from his Charge; and in November following came and preached in the College-Hall to good Satisfaction.

The Preſident and Fellows met March 3, 1756,1756 and ſpent a Day in examining Mr. Daggett, as to his Principles of Religion, his Knowledge and Skill in Divinity, Caſes of Conſcience, Scripture Hiſtory and Chronology, Antiquity, Skill in the Hebrew Tongue, and various other Qualifications for a Profeſſor; in all which he acquitted himſelf to the good Satisfaction of the Corporation. The next Day he preached a Sermon in the College-Hall, upon that Text, 1 Corinth. II. 2; and gave his full and explicit Conſent to all the Doctrines contained in our Catechiſm and Confeſſion of Faith, and to the Rules of Church Diſcipline eſtabliſhed in the Churches of this Colony. And alſo exhibited a full Confeſſion of his Faith, of his own Compoſure; and expreſsly renounced the principal Errors prevailing in theſe Times; according to the Act of the Corporation, before recited. Then he was by the Corporation, inaugurated and inſtalled Profeſſor of Divinity, in this College; with nearly the ſame Solemnities and Formalities, as are uſual at the Inſtalment of other Miniſters, who have been before ordained. All which are particularly entered in the Records of the College.

Mr. Gerſhom Clark, of Lebanon, Graduated 1743. generouſly gave 33 Pounds 10 Shillings Sterling to be put out to Intereſt, for the Uſe of the Profeſſor of Divinity. The Intereſt of which together with the Intereſt of Mr. Livingston's Donation before-mentioned, and the Rents of the College Lands agreed to be leaſed, were ſufficient for the annual Support of the Profeſſor.

The Preſident having before given a Lot of Land, for the Uſe of a Profeſſor of Divinity, for the Time being, who ſhould be ſettled and continued according to the Act of the Corporation, November 21, 1753, and conſtantly preach in the College-Hall or Chapel, except in Vacations: By Deed dated September 10, 1756. Sundry generous and principal Gentlemen came into a Subſcription, or Contribution for Building a Houſe for the Profeſſor, under the like Limitations. The Houſe was raiſed in June 1757;1757 completely finiſhed the next Summer; and coſt 285 Pounds Sterling. The Preſident in the Preſence of a conſiderable Number of Gentlemen, with all proper Formalities, put the Profeſſor into the Poſſeſſion of the Houſe; declaring that it was built, for the Uſe of a Profeſſor of Divinity, in the College, who ſhould hold and preach all the Doctrines contained in our Catechiſm and Confeſſion of Faith; and in Caſe he, or his Succeſſors ſhould hold, teach or maintain any contrary Doctrine, he or they would have no Right to any Uſe or Improvement of it, &c. And the Solemnity was concluded with Prayer and Singing a Pſalm. Auguſt 28, 1758.

At a Meeting of the Preſident and Fellows June 29, 1757. The Tutors and a Number of the Students made Application as follows, viz.

WHEREAS this Rev. Corporation of their paternal Care and Goodneſs, have ſettled a Profeſſor of Divinity in this Eccleſiaſtical Society, whom we receive as an able Miniſter of the New-Teſtament; We the Subſcribers, Members of this Society, having been admitted Members in full Communion in ſundry Churches, and conſenting to the Eccleſiaſtical Conſtitution of the Churches of this Colony, as agreeable to the Word of God in Doctrine and Diſcipline; are deſirous to attend upon the Ordinance of the Lord's Supper, under the Adminiſtration of the Rev. Profeſſor; and to walk together in ſtated Chriſtian Communion and holy Subjection to all the Ordinances of Chriſt; and deſire the Approbation and Sanction of this Rev. Body.

This was approved of by the Corporation; and a Sermon was preached in the Hall by the Profeſſor; and all proper Solemnities attended upon this Occaſion. And the Sacrament of the Lord's Supper is accordingly adminiſtred in the College-Hall, or Chapel, on the firſt Lord's Day in each Month; agreeable to the Practice of the Colleges in England. By all which the State and Conſtitution of the College was rendred more perfect and agreable; tho' not pleaſing to ſome particular Gentlemen of different Sentiments.

In May 1763, nine Gentlemen preferred a Memorial to the Honorable the General Aſſembly,1763 wherein they repreſented, that the General Aſſembly were the Founders of the College; and as ſuch, had right to appoint Viſitors, to reform Abuſes if any were found. Which right the Memoraliſts ſuggeſted, ought to be ſeaſonably, and moſt explicitly vindicated and aſſerted: or otherwiſe the College might become too independent. And therefore prayed, that the ſaid Aſſembly, would paſs an Act, to authorize an Appeal, from any and every Sentence given by the Authority of the College, to the Governor and Council of this Colony; for the Time being. And that the ſaid Aſſembly would immediately iſſue forth a Commiſſion of Viſitation, enabling ſome ſuitable Perſons to inquire into all the Affairs of ſaid College, and either of themſelves rectify all Abuſes, which they may diſcover; or make Report of what they ſhall find, with their Opinions thereon, to the ſaid Aſſembly at their next Seſſion.

The Counſel for the Memoraliſts alledged, that the General Aſſembly founded the College by giving a Charter, in the Year 1701: which contained a Donation of about Sixty Pounds Sterling, to be annually paid out of the publick Treaſury; and by ſundry ſubſequent Donations, eſpecially five Tracts of Land in the Year 1732. And that the preſent Aſſembly, as Succeſſors to the Founders, had a right of Viſitation, by the Common Law. They further alledged, that ſuch an Appeal, and Viſitation were very neceſſary to preſerve the good Order and Regulation of the College, upon all Accounts, and particularly to preſerve Orthodoxy in Religion.

To which the Preſident replied;

That the General Aſſembly, in their Legiſlative Capacity, have the ſame Authority over the College, and all the Perſons and Eſtates belonging to it; as they have over all other Perſons and Eſtates in the Colony; and all that Power which is neceſſary for the good of the College, or the general Good of the Community. And that an eſpecial Reſpect and Gratitude is due to them, as the greateſt Benefactors; yet they are not to be conſidered as Founders or Viſitors in the Senſe of the Common Law. That the first Truſtees, Undertakers and Inſpectors, who were nominated by the Miniſters with the general Conſent of the People, and by Compact, became a Society or Quaſi Corporation (as my Lord Coke ſays) near two Years before they had a Charter, were the Founders of the College; and that they formed it, by making a large and formal Donation of Books; above a Year before they had a Charter from the Government. That the College had a Being, not only in fieri in the Purpoſe and Intention of the Undertakers (as Lord Coke ſays) Coke 10 Rep. but in eſſe by the Donation of Books, Money and Land actually made to it, before it had a Charter. That Major Fitch of Norwich, made a Donation, in Writing, to the Undertakers, of Six Hundred Acres of Land, and ſome Materials to build a College Houſe, in the Time of the ſitting of the Aſſembly, ſome Days before the Charter was given. And this Donation he made to the Collegiate School, as already ſet up by the great Pains and Charges of the Miniſters. That the King, by giving a Licence to found a College, does not thereby, in Law, become the Founder in Senſu Dotationis. And that he is the Founder only of thoſe Colleges or Hoſpitals, to which he makes the firſt Donation for founding. My Lord Coke diſtinguiſhes between Fundator Incipiens and Fundator Perficiens; and ſays, that he only is the Founder quoad Dotationem, (to whoſe Heirs or Succeſſors the Law gives a Right of Viſitation) who makes the FIRST DONATION. Coke 10 Reports. And the Right of Viſitation ariſes in Law, from the Intereſt which the Founder has in the College or Hoſpital by his Donation.

For if it be eſſentially perverted from the Deſign for which it was given, the Donation becomes void, and reverts to the Donor or his Heirs. That the firſt Donation only creates the Founder; and all ſubſequent Donations are preſumed in Law to be given upon the ſame End and Deſign with the firſt, unleſs ſome particular Limitation be expreſsly made.

That if a common Perſon makes a Donation to found a College or Hoſpital, tho' ever ſo ſmall, and the King afterwards endows it with large Poſſeſſions, yet the common Perſon is the Founder and not the King. Wood's Inſtitutes.

That a Licence to found, and a Charter of Incorporation, are in their own Nature diſtinct; and either may be firſt, in Law, yet they are often Times both contained in the ſame Inſtrument; and may either preceed or ſucceed the firſt fundamental Donation.

When the fundamental Donation is made before the Licence to found, there the Licence is only a formal and explicit Confirmation from the Crown, of what was before done by the general Licence given by the Common and Statute Law; whereby every Man may give his Eſtate, for publick, pious and charitable Uſes; upon ſuch Conditions and Regulations, as he ſhall ſee Cauſe. See 39 Eliz. C. 5, and Connecticut Laws. And the Feoffees in truſt, are the legal Proprietors of ſuch Donations; according to the Conditions and Limitations with which they are made. And have a legal Right to hold and leaſe; and to diſpoſe of the Profits as a quaſi Corporation, for thoſe particular Purpoſes. And may, by a long Courſe of ſtated and regular Conduct, become a complete legal Corporation, by Preſcription. And the King's Charter or Licence only makes or declares that to be a legal Corporation, at the first, which may become ſuch, by immemorial Uſage and Cuſtom.

In a Licence to found, the Words FOUND, ERECT or any other Words of the like Import, are indifferent in Law; and ſufficient to make a Foundation; And in the firſt Charter or Grant to the College, theſe Words are promiſcuouſly uſed, and applied to the first Truſtees only. The firſt Charter plainly ſuppoſes ten Truſtees, Partners or Undertakers antecedently exiſting; and a School already founded, in fact, (tho' not fully and completely ſo in Law) by Donation of Lands, Goods, and Monies, before given; and therefore gives them a full legal Right, Liberty and Privilege to proceed, in erecting, endowing and governing the School; which they had a general and imperfect Right to do by the Common Law. And the Charter declares them to be in a legal Capacity to demand, have, hold, and poſſeſs all ſuch Lands, Goods and Monies as have heretofore been given, (as well as thoſe which might hereafter be given) for the founding, erecting and endowing the ſaid School.

And there is no Intimation, that their giving to the firſt Truſtees, a Right to receive Sixty Pounds out of the publick Treaſury, a Year after, and annually, and to improve it, at their Diſcretion, for the Good of the School, ſhould be deemed the ſounding of it; to be ſure not in ſuch a Senſe as to annul the former Foundation; much leſs could any Endowments made thirty Years after, make them the Founders in the Senſe of the Common Law. Beſides the Preamble to the Charter of 1745, expreſsly ſays, that the firſt Truſtees founded the College.

It was further obſerved, that an Appeal from all and every Sentence given by the Authority of College; to the Governor and Council of this Colony, for the Time being, (as propoſed in the Memorial,) would retard and obſtruct all the Proceedings of the Authority of College. It being found, by univerſal Experience, that in all Inſtances, wherein a Liberty of Appeal is allowed, the Judgment appealed from, is of no Force or Efficacy; except that which may ariſe from the extraordinary Trouble and Charge of bringing the Caſe to a Trial, in the Court appealed to. That ſuch a Conſtitution would take the Government of the College wholly out of the Hands of thoſe, in whom it was originally veſted; and be contrary to the Charter. That ſuch a univerſal Liberty of Appeals, eſpecially in criminal Caſes, is not allowed in any Community whatſoever; and that thoſe few Caſes in which Appeals are allowed in ſome other Colleges, are under peculiar Conditions and Reſtrictions.

It was alſo obſerved that the Power of Viſitation is, by the Common Law, expreſsly limited to the Statutes of the Founder; Lord Raymond's Reports, Vol. I. P. 7. which are the Conditions or Limitations of the Uſe of the Founder's Donation; and the Viſitor can do nothing but rectify thoſe Things which are plainly repugnant to thoſe Limitations; or claim a Forfeiture. But as no ſuch Statutes, made by the General Aſſembly, can be found; ſuch Viſitors would have no Power at all, or be altogether arbitrary, like the Viſitors ſent to Magdalen College, by King James II.

If it ſhould be ſuppoſed, that there is any Need of any Overſeers, under the Name and Title of Viſitors; the firſt Truſtees and their Succeſſors, may properly be denominated ſuch: And in the firſt Plan of the College, they are expreſsly called Inſpectors. That to have Viſitors over Viſitors or Inſpectors, would make endleſs Trouble and Confuſion. That Matters of Property muſt be determined by the ſtated, executive Courts, according to the Courſe of the Common Law; but to erect any new Kind of Court over the Affairs of the College, which are committed to the Preſident and Fellows, would be an Infringement on their Charter. Though the General Aſſembly ſtill retain ſuch a ſupreme Power, as that if there ſhould be any plain Breach of Truſt, cognizable by a Court of Chancery, or any ſuch Miſconduct in the Corporation, as ſhould be plainly detrimental to the publick Good, they may rectify it in their legiſlative Capacity.

As to the Advantage of Viſitors to preſerve Orthodoxy in the Governors of the College;

The Preſident obſerved, that whatever was the Occaſion, or Deſign of that Argument, he was glad that ſuch an important Point was moved. That it was well known, that the Preſident and Fellows or Truſtees have from the Beginning, ſhewn a proper Care and Zeal to preſerve Orthodoxy in all the Governors of the College; and to ſuch a Degree, as to be diſagreable to ſome Gentlemen of late; who have thereupon endeavoured to obſtruct the Government, and flouriſhing State of the College. That the Orthodoxy of the College was ſettled and ſecured upon the beſt Foundation, that human Wiſdom, directed by the general Rules of God's Word, could deviſe. That according to the original Deſign of the Founding of the College, the Preſident, Fellows, Profeſſor of Divinity, and Tutors, are to be admitted upon Condition of their Conſent to the Confeſſion of Faith, agreed upon by the Churches in the Colony, Anno 1708, and eſtabliſhed by the Laws of the Government. See Anno 1753. That there is not the like Security of the Orthodoxy of Viſitors or any other in the civil Order, except his moſt excellent Majeſty; who, by the Act of Union, is obliged to Conſent to the Weſtminſter Confeſſion of Faith, received in the Church of Scotland, as being agreable to God's Word, and containing the Sum and Subſtance of the Doctrine of the Reformed Churches.

See Anno 1722.

Since the Act of Union every King takes the following Oath, viz.

See Dunlop's Preface to the Weſtminſter Confeſſion, P. 63.