February Meeting, 1946
A STATED Meeting of the Society was held at the Club of Odd Volumes, No. 77 Mount Vernon Street, Boston, on Thursday, February 28, 1946, at three o’clock in the afternoon, the President, Charles Eliot Goodspeed, in the chair.
The records of the last Stated Meeting were read and approved.
The Corresponding Secretary reported the receipt of letters from Mr. Ellis Wethrell Brewster, Mr. Richard Walden Hale, Jr., and Mr. Russell Leigh Jackson accepting their election to Resident Membership in the Society.
Mr. Richard Walden Hale, Jr., read the following paper:
The First Independent School in America
PERHAPS the best way to begin this paper may be to say what it is not. It is not a discussion of “firsts” in the history of colonial education. Such a discussion inevitably leads to more heat than light, as the editors of the Stars and Stripes found, when they tried to run stories about the first American soldier to do some particular thing. No matter how carefully they checked their facts, somebody always wrote in to dispute their statements, and each story only caused profitless argument and hurt pride. If this happened when the statements at issue could be vouched for by living eye-witnesses, what hope is there of setting definitive dates for the foundation of schools three centuries ago? For example, there is no indisputable answer to the question whether the Boston Latin School, which was certainly founded in 1635, is or is not older than the Collegiate School in New York and the Syms School in Hampton, Virginia. Probably Adam Roelantsen, the first master of the Collegiate School, did not teach in New Amsterdam until after he had secured his license to do so, from Holland, in 1637. But he was in New Amsterdam in 1633, and there is no complete proof he did not teach between then and 1637. As for the Syms School, it was founded by a clause in Benjamin Syms’s will, which was probated in 1633/4, but there is no record of teaching being done there until 1643. With five years’ leeway in one case, ten in the other, there can be no certainty. Presumably one can say that the Syms School is the oldest in the country, Boston Latin next, but this statement will not be universally accepted, especially when local pride is at stake.
Similarly, though it can be confidently stated that almost all schools in New England became public schools, in the modern sense of the word, shortly after they had been founded, it is, practically speaking, impossible to say which was the first public school. This may serve to show why there will be no attempt to assign a date to “the first independent school,” except to make clear one point, the relationship between the Roxbury Latin School and the Collegiate School in New York. The Collegiate School is the older, as a school. It was founded, in 1633, 1637, or 1638, as one chooses to look at the question. Roxbury Latin was founded according to its own computation in 1645, though it could stretch a point and lay claim to the dates 1643 and 1644. But the Collegiate School was a public school, in the present sense of the word, until 1674, whereas Roxbury Latin was from the start what Mr. Porter Sargent calls an “independent school.”
The purpose of this paper is, rather, to explain something which has not always been brought out, that the early schools of New England were not exclusively either public schools under town or colony management or private schools run for the profit of the teacher. Roxbury Latin was in neither category, and my investigations in writing its Tercentenary History have shown that it was not unique. I have come across at least five other such schools—the Ipswich Grammar School, the three Hopkins Grammar Schools in New Haven, Hartford, and Hadley, and the Elliot School of Jamaica Plain—which were also independent corporate bodies of one sort or another. Probably research could turn up more. What I hope to do is to show how Roxbury Latin, the first of the seventeenth-century independent schools, was if not the model at least a prototype of a group of educational institutions which played an important part in keeping up the standards of American education in the early days.
Please notice that these six schools have been called independent and not either endowed or free. For the respect in which they differed from the average New England town school was not in endowment—almost all the early schools either public or independent were endowed; and not in being free of tuition charges—almost all early schools of any type charged some sort of tuition; but in being free alike from political control and from dependence on the purses of parents. Before 1647 and the compulsory school law of that year, and indeed for several years afterwards, the average New England school might be described as a subsidy to persuade a schoolmaster to stay in a town that needed him but whose residents could not afford the fees he normally would charge. This is a solution of the fee problem not unknown in more recent times in Western Canada, where in the 1930’s, according to the Committee on the Cost of Medical Care, a similar payment system was in effect to meet a similar situation. There local authorities paid a doctor a basic salary, or gave him a house, or in some other way subsidized him, in return for which he agreed to charge low fees to the people of that region. But that analogy is not complete. The subsidies New England gave her teachers usually did not come out of town treasuries, as did the Canadian ones here mentioned. There was a prejudice, which lasted until the 1660’s, against using local taxes for such purposes. Instead pieces of land were rented for what they would bring in, and the proceeds turned over to the schoolmaster. The rents of Thompson’s Island were thus used in Dorchester, those of Spectacle and Noddle’s Islands in Boston, and the feoffees of the Dedham School also drew their funds from “lands and rents.” Therefore what made Roxbury Latin unique when it was founded was not that it drew its funds from land, and not that although called a “Free School” its benefits were restricted to those who “had the priveledg of the school,” but that its governing body of seven feoffees was independent of the town of Roxbury.
Just when the idea of an independent managing body took root it is hard to say. The first mention of Roxbury Latin in any records is in Samuel Hagburne’s will of 1643, in which he left a perpetual annual subscription of ten shillings to the Free School, to be paid whenever it should be founded. This does not show whether the proposal was then for an independent school or a town school. Nor does Laurence Whittamore’s codicil of 1644, which gave land to Roxbury Latin, give any information. But the agreement of 1645 is perfectly explicit. It not only contains sixty-four pledges of perpetual annual subscriptions to create an endowment but further sets up seven feoffees who really form a body corporate and who are to collect the income of the school and to receive future gifts. To be perfectly accurate, what is today in existence is a copy or redraft of the agreement of 1645, which was made on August 31 of that year, because the original had been blown up in a gunpowder explosion on April 6, 1645, shortly after it had been signed. It is this copy which is now preserved by the lineal descendants of these seven feoffees, the Roxbury Latin trustees, and which may be considered the oldest school charter in America. The importance of this agreement of 1645, it seems to me, is that it explicitly creates a type of governing body until then not known among American schools, a governing body utterly independent of political control, since it was not answerable to the town authorities of Roxbury, and yet one not engaged in teaching for profit.
Of course it is doubtful whether the citizens of Roxbury had any legal right, as English law then stood, to create a corporate body by themselves, or to ask the General Court of the Massachusetts Bay Company to do it for them, though it might be argued that they could create a trust. Apparently the feoffees of the newly founded school shared this doubt, for not until 1669 did they do as the Agreement of 1645 had said they should, and go to the General Court to secure confirmation of their charter and, in 1715, in a later petition to the General Court, they spoke of themselves as “feoffees in trust.” But, however serious this legal point may have been then, it no longer has bearing. Colonial charters of this sort have by now successfully stood the test of time, no matter how technically illegal they may once have been. The charter which in 1650 the Massachusetts General Court issued to Harvard may have been under fire in the early 1700’s, but it is still in effect. Just recently, when doubt was expressed whether the two hundred and fifty year old Hopkins Grammar School of New Haven had any legal existence, its trustees secured recognition as a corporation by prescription. Therefore, whatever were the legal difficulties of the past, it is safe to say today that the agreement of 1645 is the oldest school charter in the United States.
The question naturally rises, who in Roxbury caused the taking of this new step in American educational policy. Two men probably did. One was Thomas Dudley, that year Governor of Massachusetts. He was the first to sign the agreement of 1645. Five years later, when he was again Governor of Massachusetts, he signed Harvard’s charter. Clearly he was interested in education, as he might well be, being himself the graduate of a Latin school. He had the business and legal knowledge necessary for the drawing up of the agreement, since he had been the business manager of the Earl of Lincoln’s estate, had caused Massachusetts to introduce the recording of land titles, and added to the agreement a clause making the collection of the annual subscription more certain. But though Thomas Dudley may have drafted the terms of the charter, it was probably Roxbury’s pastor and teacher, the Reverend John Eliot, who gave it its spirit. He himself later founded yet another independent school, and when Roxbury Latin’s independence was attacked he struggled manfully to preserve it.
It would be pleasant to be able to assert that all the rest of the seventeenth-century independent schools in America were copies of Roxbury Latin. That would round out this argument neatly, and allow saying that John Eliot was the founder of independent non-profit secondary education in the United States. But there is little on which such a claim could be based, and it is far more likely that when those schools were founded the idea of making them independent of town governments had nothing to do with Roxbury Latin. It really cannot be said that just because Thomas Dudley lived in Ipswich before 1640—when it is true an attempt was made to found a grammar school—he influenced something that happened in 1651, when Robert Payne turned over to seven feoffees certain lands, which they the next day leased for one thousand years to the Coggswell family. Nor can much connection be found between Edward Hopkins of New Haven and his bequest of property in 1664 and events in Roxbury in 1645. Only in the case of the Elliot School is there any question of copying, since John Eliot founded both schools. But though Roxbury Latin was not a model for these others, it shared and exemplified their characteristics. What happened to it sooner or later happened to them, too, and its history therefore sums up their history.
It seems to have been a law of the being of these seventeenth-century independent schools that they should sooner or later find their independence threatened by town authorities, who always wanted to control funds which to their minds were being used for town purposes. Regularly the town fathers of New Haven invited their Hopkins Grammar School to turn its funds over to them, which indeed yielded and did so at least once, if not more often. At Hadley the town took over the Grammar School in 1673, and then repeated the performance in 1908. At Hartford the Hopkins Grammar School has finally been absorbed into the city school system, and now helps provide for Latin teaching in the city’s high schools. As for the Ipswich feoffees, they have had unusually stormy relations with their town. Having in 1714 allowed the analogous sum to Philip of Macedon’s mule-load of gold—in their case £10—to pass through their gates as a town subsidy, in 1721 they found their school taken away from them, and run by the selectmen, who pocketed their endowment. The disgruntled feoffees retired from the field, until the last survivor of them, practically on his death-bed, in 1750 filled up the vacancies in their membership. This new board fought so hard to get back control of the school that a compromise was reached. It was agreed that for a limited period the three selectmen of Ipswich should be the ex-officio feoffees. This temporary compromise has become permanent, and to this day the feoffees of the Ipswich Grammar School consist of four life members and three selectmen. However, since 1836 they have not managed a school of their own but have paid their income over to the Ipswich School Committee. Thus in having had at one time or another to fight for its life Roxbury Latin has not differed from the other seventeenth-century independent schools.
It was in the 1660’s that this struggle between town and school began in Roxbury. The first symptom was unrest in the school corporation itself, an unrest culminating in the resignation of the entire board of feoffees, after which only two were re-elected. The next symptom was the way in which seemingly innocent proposals in town meeting led to bitter dissensions. Questions of rights of way over or to school land, of building a watchhouse near the schoolhouse, of granting land next the schoolhouse lot, all led up somehow to one question—asked apparently with some asperity—“If Roxbury Latin is a free school, why must I pay for my child’s tuition.” These were not the words—Roxbury Latin as the school’s name is comparatively recent—they were the sense. All over New England such questions were being asked in town meeting, as town school after town school stopped charging fees and became a true free school. At Roxbury the strain may have been accentuated by an increase in the demands made by the schoolmaster. In the 1650’s Daniel Weld had drawn comparatively large sums for the board and lodging of Indian scholars, and may have therefore been somewhat lenient as to the fees he charged. But his Indians died of consumption, and when he asked for replacements, they were not sent him. Finally Daniel Weld died, in 1666, and the trouble came to a head. The management of the school was attacked, there even being a party which “desired the removal of the school,” to quote the old records.
Here Roxbury Latin was fortunate in securing the aid of John Eliot, who was quickly elected a feoffee. He started making peace in a most effective way—he pegged away at raising the school’s endowment. Gifts of three acres here, four there, a salt marsh from a delinquent subscriber, ten shillings a year extra from Thomas Bell in London, all eased the financial pressure. A petition to the General Court started, at long last, the process of giving legal force to the agreement of 1645, which matter seems to have been gone into very thoroughly. After a puzzled committee of investigation had visited Roxbury, had secured an extension of time to allow the gathering of more evidence, and had, to judge from its report, heard some very forceful pros and cons, it proposed an important step in Roxbury Latin’s development. It suggested that the school be made a free school for all in the town, when the agreement should be legalized. This brought Roxbury into line with the average town school, by ending the restriction of the “priveledg of the school” to a special group. But in the process of passing this Act of 1670 through the General Court a proviso was added—that Roxbury Latin continue permanently to be what it had been hitherto, a Latin school. Thus it was that when the Act was finally passed, the town of Roxbury woke up and discovered that it had a town school to be sure, but one which was entirely free from the control of the town authorities, and which was forced by law to have a high grade of teaching, whether or not the town wanted that much done for education.
Then, a little later, Roxbury discovered that John Eliot had succeeded in diverting the rents of Thomas Bell’s farm, which had supported the poor of the town, to the benefit of Roxbury Latin. That roused a further flurry, which was only settled by passing two more acts, both in 1674. With all this in mind, it does seem that when Cotton Mather wrote of John Eliot, “God so blessed his endeavours that Roxbury could not live quietly without a free school in the town,” he had his tongue in his cheek. He knew how little quiet Roxbury had seen.
But by doing all this John Eliot made Roxbury Latin a school which in its day did for secondary education what today certain private colleges do for public university education. Roxbury Latin did not reserve itself for a special clientele. It took exactly those whom the town schools taught and then taught them better than the town schools did. Thus it led the way in performing a valuable service in American education.
For the groups of schools which have been here called the seventeenth-century independent schools almost all shared two other characteristics besides this perhaps truculent independence of outside authority. All except the Elliot School were Latin schools—that is, stood for quality in teaching—and all without exception kept in line with the trend of their times in reducing or giving up the charging of fees. They used their independence to set standards, and thus by example and the force of competition formed a defense against lowering the quality of education. Furthermore, they all met the town schools on their own ground, and took their students from the same sources. Therein these seventeenth-century independent schools differed greatly from the private schools of the nineteenth and twentieth centuries, which have had from the nature of their existence a limited clientele, and resembled those private colleges which have by low fees or a broad endowment policy attracted the same groups as go to state universities, and have tried to teach them better.
It would take too long to give all the details of the stand the seventeenth-century independent schools made in their day for quality in education. Suffice it to refer to Professor Morison’s Harvard in the Seventeenth Century, and to point out that two of the four leading schools in preparing for Harvard were the Ipswich Grammar School and the Roxbury Latin School, and that these two had a smaller local population from which to draw students than had the other two leaders, Boston Latin and Cambridge Latin. Furthermore, it was the Ipswich Grammar School that brought to Massachusetts the great schoolmaster Ezekiel Cheever; and it was Roxbury Latin that earned from Cotton Mather the title schola illustris for its pre-eminence in teaching. But perhaps enough has been said here to suggest why it is of importance to consider Roxbury Latin the first independent school in America. Not only does that give a pleasant claim to fame for the credit due to age; it also gives a most honorable claim to fame for the credit due for bringing high quality education to all. It is because Roxbury Latin can lay claim to have been the first of a group of schools that had as their policy a determination to bring the best of schooling to those who deserved it that its foundation may be considered a landmark in our colonial history.
During the compilation of the Tercentenary History of the Roxbury School, 1645–1945, it became evident that colonial source material on independent secondary schools was either unprinted or so scattered as to be as unavailable as if it were unprinted. When this was brought to the attention of the late Allyn B. Forbes, then the editor of the Colonial Society’s Publications, he suggested that the Society publish as an appendix to the paper here presented a selection from the documents that had been collected.
What are to be found here are the key documents in the history of two such independent schools—the Roxbury Latin School and the Ipswich Grammar School—from their foundation to the dates at which they were re-incorporated, respectively 1789 and 1756. As much has been printed as has seemed possible. Whatever has been omitted has been 1.) elections of feoffees or masters, 2.) lists of expenditures that seem to throw no new light on the period, 3.) metes and bounds in deeds or legal documents and repetitive legal formulas, including repetition of petitions in preambles of colonial legislation. On the other hand short excerpts from such available sources as the diaries of John Winthrop and Samuel Sewall have been included, in order that as complete as possible an account might be given of these two schools.
Special mention should be made of the kindness of the Ipswich Grammar School feoffees in allowing a photostat to be made of their School Book. Although the package in which it is kept in the Ipswich Savings Bank bears this endorsement—“Not to be opened even by Angels”—they allowed this precious document to be copied to enable a check to be made on the transcript now in the Town Clerk’s office, and have thus made available to general research the second oldest private school record in America, the Roxbury Latin School Book being the oldest.
The following list of abbreviations used should serve to show what sources have been brought together here.
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Account Book |
The Account Book of the Roxbury Latin School, 1774–1851, MS., which contains entries of feoffee’s meetings, 1774–1788. |
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acuc |
“Acts of the Commissioners of the United Colonies of New England, 1653–1679,” Records of the Colony of New Plymouth in New England, David Pulsifer, Editor, x (Boston, 1859). |
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Dillaway |
C. K. Dillaway, A History of the Grammar School, or, “The Free Schoole of 1645 in Roxburie” (Roxbury, 1860), which is chiefly a reprinting of Dr. Rufus Wyman’s abstract of the Roxbury Latin School trustees’ records, prepared in 1842. |
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Ellis |
Charles M. Ellis, The History of Roxbury Town (Boston, 1847). |
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Hale |
Richard Walden Hale, Jr., Tercentenary History of the Roxbury Latin School, 1645–1945 (Cambridge, 1946). |
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hj |
Journals of the House of Representatives of Massachusetts: 1715–1748 (Boston: Massachusetts Historical Society, 1919–1949). |
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isb |
Ipswich Grammar School Book, MS. Original at the Ipswich Savings Bank; transcript at Town Clerk’s office, Ipswich. |
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Mass. Archives |
The Massachusetts Archives, in custody of the Secretary of the Commonwealth, room 438, State House, Boston. |
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Mass. Bay Records |
Records of the Governor and Company of the Massachusetts Bay, N. B. Shurtleff, Editor (Boston, 1853–1854). |
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osb |
The Old School Book of Roxbury Latin, MS. Original and photostat at Roxbury Latin School. |
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Parker |
Richard Green Parker, A Sketch of the History of the Grammar School in the Easterly Part of Roxbury (Roxbury, 1826). |
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rcr |
“Roxbury Church Records,” Boston Record Commissioners’ Reports, vi. 73–212. |
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“Roxbury Land Records,” Boston Record Commissioners’ Reports, vi. 1–70. |
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rtr |
Roxbury Town Records, MS. Original at City Hall, Boston; microfilm at Boston Public Library. |
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Sup. Court Files |
Files of the Superior Court of Judicature, in custody of the Clerk of the Supreme Judicial Court, room 1400, Suffolk County Court House, Boston. |
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Winthrop |
Winthrop’s Journal “History of New England,” J. K. Hosmer, Editor (New York, 1908). |
When two or more sources are given, the first is that which has been copied. No significant variations were found, though differences in wording but not meaning were frequent. Whenever possible, hitherto unprinted versions have been followed, to allow study of these variations.
Documents of the Hopkins Grammar Schools have been published by the Hopkins Trustees and in Thomas R. Davis’s Chronicles of the Hopkins Grammar School.
Roxbury Latin School Documents
1643
. . . Further, out of my greate desire to promote learning for God’s honor and the good of his Church my will is that when Roxbury shall set up a free schoole in the towne, there shalbe ten shillings per annum out of the house and home lot paid unto it forever . . .
Will of Samuel Hagburne, made January 19, 1642/3, deposed March 8, 1642/3; witnessed by William Parkes, Joseph Weld, Joshua Hewes, John Johnson.
Suffolk Wills, i. 23 [of original], 20 [of 1892 copy]. Dillaway, 194 [in part].
1644
Month 9, day 18. Laurence Whittamore,1 an ancient Christian of 80 years of aige died.
rcr, 172.
1645
July 3. Divers free schools were erected, as at Roxbury (for maintenance whereof every inhabitant bound some house or land for a yearly allowance forever) . . .
Winthrop, ii. 224.
April 6. Two great fires happened this week, one at Salem . . . the other was at Roxbury2 this day.
Winthrop, ii. 220.
Whereas the Inhabitantes of Roxburie out of their relligious care of posteritie have taken into consideration how necessarie the education of theire children in Literature wilbe, to fitt them for publicke service both in Church and Commonwealth in succeeding ages; They therefore unanimously have consented and agreed to erect a Free schoole in the said Towne of Roxburie; and to allowe twenty pounds per Annum to the Schoolemaster, to bee raised out of the Messuages and part of the Lands of the severall Donors (Inhabitants of the said Towne) in severall proportions as hereafter followeth expressed under theire hands. And for the well ordering thereof they have chosen and elected seven Feoffees, who shall have power to putt in or remoove the SchooleMaster, to see to the well ordering of the Schoole and Schollers, to receive and pay the said twenty poundes per annum to the SchooleMaster, and to dispose of any other gift or giftes which hereafter may or shalbe given, for the advancement of Learning and education of children. And if it happen that any one or more of the said Feoffees to dye, or by removall out of the Towne or Excommunication to be displaced, the said Donors hereafter expressed doe hereby covenant for themselves and for their heires, will in the space of one Month after such death or removall / removall of any one or more o[f the] Feoffees, to elect and choose others in their room [in order tha]t the Number may be complete. And if the said Donors or the greater parte of them doe neglect to make an election within the tyme forelimited, then shall the Surviving Feoffees or the greater part of them elect new Feoffees in the roome or roomes of such as are dead or removed (as before) to fulfill the number of seven, and then their election shalbe of equal validity and force as if it had beene made by all or the greater number of the said Donors.
IN consideration of the premisses and that due provision may not be wanting for the maintenance of the SchooleMaster for ever, the Donors hereafter expressed for the severall proportions or Annuities by them voluntarily undertaken and underwritten
have given and granted, and by these presentes doe for themselves their heires and Assignes respectively, hereby give and grant unto the present Feoffees, vizt. Joseph Weld, John Johnson, John Roberts, Joshua Hewes, Isaac Morrell, Thomas Lambe
and theire Successors chosen as is aforesaid, the severall rents or summes hereafter expressed under their handes issueinge and goeinge forth of their severall / severall M [essuages] lands and tenements in Roxbury hereafter expressed, to have and to hould, perceive and enjoy the said Annual rents or summes, to the only use of the said Free Schoole in Roxbury, yearely payable at or upon the last of the first Monthe and the last of September by even portions, the first payment to begin the last of September in this present yeare. And the said Donors for themselves theire Heires and Assignes doe covenant and grant to and with the Feoffees and theire Successors, that if the said annuall rent or any part thereof be arriere and unpayd the space of twenty days next after the dayes appointed for payment, that then and from thence forth it shalbe lawfull for and to the said Feoffees and theire Successors into the said Messuages Lands and premisses of the partie or parties makeing default, to enter and distreine, and the said distresses then / then and there found, to leade, drive and carry away, and the same to prize and sell for the paymente of the said rents, returning the overplus unto the Owners or proprietors of the said houses and Lands. And further the said Donors doe for themselves their heires and Assignes covenant and grant to and with the Feoffees aforesaid, and theire Successors, that if no sufficient distresse or distresses can be had or taken in the premisses according to the true intent and meaninge of this present deed, or if it shall happen any rescous or [illegible] to be made, or replevie or replevine to be sued or obtained of, or for, or by reason of any distresse or distressed to bee taken by virtue of these presents, as is aforesaid, that then and from thenceforth it shall and may be lawfull for the said Feoffees and theire Successor into the said Messuages Lands and premisses to enter, and the same and every part thereof to have use and enjoy to the use of the Schoole, and the rents issues and profitts thereof to receive and take, and the same to detain and keepe to the use and behoofe of the Schoole as is aforesaid, without any account makeing thereof unto the said Donors theire heirs or Assignees, and to use and occupie the said houses lands and premisses to the use aforesaid, untill such time as the said annuall rents or summes and every part or parcell thereof, with all arrierages and Damages for Non-payment be fully satisfyed and payd unto the said Feoffees theire Successors or Assignes by the said Donors their heires or Assignes or any of them: Of which said rents or summes the said Donors every and singular of them have putt the said Feoffees in full possession and seizin at the Delivery thereof. And for the further satisfaction hereof the said Donors become Suitors to the honoured Generall Court for the establishment thereof by theire Authority and power. Always provided that none of the Inhabitants of the said towne of Roxbury, that shall not joyne / by subscribinge their names and summes / in this Act with the rest of the Donors, shall have any further benefitt thereby, than other strangers shall have, who are no Inhabitants. And lastly it is granted by the said Donors, that the Feoffees and theire Successours shall from time to time be accountable unto the Court of Assistants / and the Donors / for the trust committed to them, when at any time they shalbe he thereunto called and required. In witness whereof the Donors aforesaid have herunto subscribed their names and summes given yearly the Last day of August in the year of our Lord 1645.
osb, 3–5. Dillaway, 8–9. Parker, 25–26.
[In addition to the subscriptions as made in 1645, lists of donors in 1669 and 1700 are printed in parallel columns in order to indicate what families actually paid.]
Agreement of 1645, osb, 5–11.
Covenant of 1669, Dillaway, frontispiece.
List of Donors and Estates, ca. 1700. Ellis, 56–57, practically identical with John Bowles’s account book of 1703–1705 in possession of Roxbury Latin School.
1646
It is agreed by all such of the Inhabytants of Roxbury as have or shall subscribe their names or marks to this book for themselves severally and for their severall and respective heirs and executors that not only their houses, but also their yards orchards gardines outhouses and homesteads shalbe and are hereby bound and be made lyable to and for the severall yearly sums and rents befor or hereafter in this book mentioned to be paid by every of them: Dated this xxviiith day of December. 1646
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osb, 19. Dillaway, 13. Ellis, 39.
1648
We have appointed William Hely to receive all the demands from us for boarding of Father Stowe and his son and the rent for his house made the Schoole of Bro Bridges, being 25 18 and a 1 d. which is to be discounted of his rent of the Schoole Land this being the 27th of November 1648.
osb, 117. Dillaway, 25.
This witnesseth that I, Isaac Morrell, having agreed and undertaken, yearlie, too collecte and Gather the schoole money and paye it in too the Schoole Master with in sixteen daies after each A halfe yeare the first halfe yeare being the 25th of March and the other halfe yeare the 25th of September / This bargaine and agrement was made bye all the feoffees, the 27th day of November, wherein wee doe hereby invest and indowe the affore said Isaac Morrell, with all power we have to collect gather and share of all and of eache persons or person that hath engaged himself house or and garden and barns for the paienge of those engagements for the maintanentce of the free schoole for evere att Roxbury* unto which agreement I the said Isaac Morrell hauve subscribed my name in the presence of the 27th of November
1648
Isaac Morrell
Witness
Nathaniell ?????
Caleb Foote
* The said Isaac Morrell to have yearly 20/8 for the gathering of the yearly payment for the scholmaster.
osb, 116. Dillaway, 25–26.
1650
The Feoffees have agreed with Mr. Hanford to teach the Free School the next year beginning the 25th of the first moneth in the yeare 1650 and for his wages we do promise to give him twenty two pounds.
osb, 114. Dillaway, 26.
Payd to Mr. Hanford by Diett att Bro Peacock 13th. Money payd him by Bro Peacock . . . 16.1.4
osb, 121.
1652
The Feoffees have agreed with Mr. Weld this 22nd of the 9th, 52, that he provide convenient Benches and forms with tables for the scholars to sitt on, and to write att, with a convenient seat for the schoolmaster and a desk to put the Dictionarys on and shelves to lay up books and to keep the house and windows and doors with the chimney sufficient and proper. And in consideration hereof there shalbe added to his yearly stipend due by the book the rent of the School Land being four pounds the year. He having promised to the Feoffees to free them of the labor of gathering up the particulars of the contribution, and they to stand by him in case any be refractory:
Daniel Weld
By virtue of this Agreement the Feoffees are Discharged untill the twenty Ninth of Sept: 1666. the Michelmas after his Decease, viz. Mr. Daniell Weld late Schoolemaster.
osb, 114. Dillaway, 26–27. Ellis, 51. Hale, 16.
1655
[From the New England Commissioners to Edward Raw son, New Haven, September 15, 1655.]
Mr. Rawson wee have Received youer letter together with youer account which wee have perused and signed what you delivered to Mr. Eliote and Mr Weld . . .
acuc, 139.
It is left to the Commissioners for the Massachusetts to agree with Mr. Weld for the diate and teaching of the Indian Children with him and to doe what elss may further the Indian worke till the next meeting of the Commissioners; . . .
Minutes of September, 1655, acuc, 141.
1656
A Note of the persons in the Indian worke and their sallaries per annum . . . To Mr. Weld for diett and for teaching eight Indians boyes and one gerle
|
085–00–00 |
|
|
For clothing the said boyes and gerle about |
050–00–00 |
|
Minutes of September, 1656, acuc, 167. |
1657
A Note of the persons Imployed in the Indian worke and theire sallaries per annum . . .
|
The charge of diett of 9 Indian Children |
085–00–00 |
|
Theire Clothing |
050–00–00 |
. . . And further it is desired the said Mr. Chauncey and Mr. Elliott with the advice of the Commissioners of the Massachusetts doe take care to remove soe many of the Indian youthes which live att Mr. Wells to Cambridge as they shall Judge capable of farther improvement to provide for them accordingly; . . .
Minutes of September, 1657, acuc, 189–190.
1658
25 March 1658 The names of the Foefese of the schole of Roxbury now in being are Isack Heath elder of the Church of Roxbury John Johnson Willyam Parks Isack Morrell for as much as it hath pleased God by his providence to remove by death and removal sundry of the Foefese now to make up the number of names, according to the order mentioned in the booke we the surviving Foefese have chosen to make the number complete namely Griffin Crafts (John Ruggles Senior) John Pairepoint Thomas Weld: Since John Johnson death was chosen 18 day May 1660—John Ruggles Senr to compleat the number of them
osb, 21. Dillaway, 27.
To Mr. Weld for diating and Teaching the Indians from July 25, 1657 till October 25 following 22–10–00
To him for a yeares diate and Teaching five of them from 25 October 1657 to 25 October 1658 50–00–00
acuc, 206.
Joane the Indian Mayde now att Mr. Welds is to be with the Governor of the Massachusetts after her yeare is up untill she bee otherwise disposed hee finding her Clothes for her service The other Indians at Scoole are to be disposed of by the Commissioners of the Massachusetts.
Minutes of September, 1658, acuc, 207.
1659
To Mr. Daniell Weld of Rocksbury for Dieting and Teaching four Indians
Minutes of September, 1659, acuc, 219. 20–00–00
To the honored Gouernour, Deputie Gouernour, and the rest of the Maiestrates, together with the Deputies, assembled in the generall Court at Boston
The humble petition of Daniel Weld & Elijah Corlett
sig. sig.
humbly sheweth that your petitioners hath [sic] lived in this Country for the space of twenty yeares and upward, And hath all this tyme been exercised in publike imployment, namely in teaching scholers, as wherein they might be most servicable to the Commonwealth: And thereby hath hitherto neglected the lookinge after future supplie in providinge land for our selves and our smale Children, ourselfes haueinge not soe much as one Acre of land in our owne possession for their support. In consideration whereof your Petitioners most humbly make their Addresse unto this honoured assembly, humbly intreatinge you to graunt unto us some convenient portion of Land, as shall seeme good unto your graue wisdomes, lyinge where your petitioners shall fynd out, not intrenchinge in the least measure upon any former graunt given to any man: And your petitioners shall pray, for the flourishinge estate of this Country longe to Continue, etc.
[To this petition of Daniel Weld’s Elijah Corlett obviously added his name before presentation, making the above changes in wording.]
Our Publications, xvii. 141.
The Committe considering the usefulness of the Petitioners in an imployment of so common concernment for the good of the whole County, and the little incouragement that they have had from their respective Townes for their service and unwearied paynes, in that imployment, do judge meet that they be granted 200 acres of Land apiece to be taken up adjoyning to such Lands as have been already granted [and] layd out by order of this Court.
21 (8) 59
Thomas Danforth
Anthony Stoddard
Roger Clapp.
Mass. Archives, lviii. 40.
Boston in New England, Octob 18, 1659
In answer to the petition of Danield Wells and Elijak Corlett schoolmasters, the Court considering the usefulness of the Petitioners, in an imployment of so common consideration for the good of the whole country, and the little encouragement that they have had from their respective townes, for their services and univaried paynes in the imployment, do judge meet to grant to each of them, two hundred acres of land, to be taken up adjoyning to such lands, as have ben already granted and layd out by order of this Court.
Mass. Archives, lviii. 39.
1660
[From the New England Commissioners to the Corporation in London, September 10, 1660.]
. . . two youthes at Roxburry that were Inisiated with Mr. Wells died alsoe this summer in which hath bine much mortallitie amon[g]st the Indians, the other two are yett with him; . . .
acuc, 242.
To Mr. Weld of Roxburrow for the Diett and Teaching of two Indian boyes one yeare: and two for pane of the yeare that died afterwards and for charges of buriall &c; 35–00–00
acuc, 246.
At the second session of the General Court held at Boston the 16th Oct., 1660. The Court judgeth it meet to grant to the town of Roxbury five hundred acres of land toward the maintenance of a free school.
Dillaway, 55.
1661
To Mr. Weld of Rocksburrow for the Diett Clothing and Teaching of 2 Indians Boyes one yeare ending the 10th Decem next 30–00–00
Minutes of September, 1661, acuc, 263.
1662
[From the New England Commissioners to the Corporation, September 10, 1662.]
. . . the laborers in the worke for the Instruction of the Indians in the severall Colonies are still Continewed together to the education of sundry youth two whereof have been the yeare past brought up att the Colledge att Cambridge . . . alsoe others are att the Grammer Scoole and two more att the English Scoole where they learne to read and write; one whereof is now fitted for the Gramer Scoole . . .
acuc, 375.
To Mr. Daniell Weld att Roxbury for Diet Clothing and Scooling of two youthes the yeare last past abateeing three quarters of a yeare for one of them ending Decem: 20 next 25–00–00
acuc, 277.
The Commissioners doe order that the senior3 of those Indian Scollars att Mr. Welds bee Removed to the gramer Scoole att Cambridge att the expiration of this year and hee is alowed to take another youth now sent from Martins Vinyard that came to him about the 9th of this Instant and another Pequot youth if hee may bee procured and such allowance to bee made to Mr. Weld for the clothing of him that is Removed as the Commissioners of the Massachusetts shall thinke meet; . . .
acuc, 280–281.
. . . Captaine Denison Thomas Stanton and James Averell . . . are alsoe desired to Improve theire Interest with the said Pequotts to procure some towardly youth to bee brought up in learning for future service and to send him up to Mr. Weld of Roxburry whoe is ordered to take care of him;
acuc, 285.
1663
The same day [January 19, 1662/3] there was given for the use of the scholemaster ten Accers of this common land, That is to say the use of the wood and timeber for his own use not to give and sell any and so this to be for ever for the use of the scholemaster.
rtr, 1. 35.
At the townemeeting the nineteenth day of the eleventh month 1662 it was unanimously agreed that all the donors of the schole in Roxbery doe meete together, in the scholehouse at nine of the clock upon the forth day then fortnight being the fourth day of the last month, the same year, And whoever else of the Inhabitants and neighbours of the said towne that are willinge to joyne in the promotinge the good and benefitt of the said schole are desired alsoe to be present at the said meeting.
osb, 21. Dillaway, 27.
The Doners did meet upon the fifteenth day of February 1663 and they came to a new choise of seven feoffees and they chose theas following Deacon Parks (21) Edward Denison (21) Robert Williams (19) Willyam Cheney (15) Giles Payson (13) John Bowles (15) Thomas Weld (21) The Doners being warned to the formentioned end upon the eight day of the said month when there was a towne meeting legally called and the doners who were entred in the book haveing pertickuler warning from house to House (with severall others) both of the meeting and the end of it.
osb, 21 [voting list, 121]. Dillaway, 28 [without votes].
To the diett clothing and scooling of two Indians with Mr. Weld att Roxburry for one yeare past 30–00–00
Minutes of September, 1663, acuc, 296.
1664
To Mr. Weld of Roxberry for Diett Clothing and scooling three Indian youths one yeare 45–00–00
Minutes of September, 1664, acuc, 317.
Much Honored. I humbly salute you in the Lord, with my humble service unto your good Worships. I doe here present myne accounts unto you, of the Indians that are committed to my trust: I have onely three Indian Schollers, and their yeares came out upon the 25 of July last: And I acknowledge my selfe fully satisfied for the yeare past, by your Worships direction to Mr. Usher: And I could wish, if it might stand with your Worships likeinge, that there might be one Indian more added to those I have, because they are much subject to consumptions whereof 4 have died within these few years. Soe prayeinge the Lord to bless you and to send you safe home, I humbly rest, From Roxbury, Sept. 5 (64).
Your Worships humble servant
Daniel Weld
To the much honored Mr. Bradstreet & Mr. Danforth & the rest of the honored Commissioners of the united Colonyes now sittinge at Hartford, these present.
acuc, 382–383.
1665–1666
In 1665, the school house, probably the first, was repaired by Capt. Johnson. But in 1666 it was complained of as out of repair.
Ellis, 53.
Upon the 26, 12, 66, the Feoffees met together and agreed to speak with Mr. Mighill to be school master for our town . . . to begin his time by the 26th of March next.
Dillaway, 29, quoting lost document.
In the year Sixty Six,4 in the month of January, Mr. Daniel Weld being formerly dead the Feoffees thought it needful for them to meete together and accordingly did to consider what course was best to be taken for the setling of the Scoole in Roxbury, and upon consultation they judged it conveninent to advise with all the donors to have there counsell therein, wheupon the Feoffees sent out to call together the donors, who upon warning and notice came in and mett the same month aforesaid and after some discourse it was thought covenient and a matter most tending to peace and love to propound the case to the whole towne that so opportunity might be given to as many as thought good of the Towne to come in and joyne in this worke; and as to help beare the charge, so to have the priveledg of the schole; according to which conclusion at the genrall towne meeting that was in January it was propounded to the towne that they would apoynt a time to meete and consider of the schole and either come in and joyne with us in this foundation of the schole or ells that they wouod present a better way settled upon as good or a better foundation and we would gladly joyne with them when it should be presented to us. upon the propositin of this motion to the towne it was voated and concluded to meete that day seaven night, and upon that day the towne mett, and when they were mett the scope of the discourse of some persons that spake the most was for the removall of the schoole (which was not the worke of the day) without which there seemed to appeare (we will not say a party) severall persons that would not doe anything for the schoole; so after much discourse speinding the day, they neither coming in to joyne in the old foundation of the school nor present us an any other or better, that meeting was orderly dissolved and nothing done.
Parker, 30.
1667
The same day it was voated that the Selectmen and the Foeefose of the Schole are appointed to see whether a convenient place may be found nere the watch and school House about a rod and a half of ground that may be granted for a house plot to Nathll Seaver without loss or detriment either to the towne schoole or Inhabitants which finding have power to grant.
The same day it was voted and agreed that the towne should meet upon the 4 day of Feb. to agitate about the setling of the schoole.
rtr, 46.
The second of April 1667 the selectmen and Feoffees mett together and did consent to the grant that he should have that Ground given him as one the other had mentioned and the said Nathaniell [Seaver] to have it on which end of the Schole House he pleases.
rtr, 47.
To Diett and clothing of two Indian Youthes att Roxbury 30–00–00
Minutes of September, 1667, acuc, 330.
1668
The Lord having taken away two of the Feofesse by death5 and by the Liberty the rest of the Foefese have they have compleated there number by the choice of our two Elders namly Mr. John Eliot our teacher and Mr. Samuell Danfourth our pastor the 24 of November, 1668.
osb, 23. Dillaway, 29.
1669
This covenant was made the 25th of the 12th.68 [i.e. Feb. 1669]
Know all men by these presents, that Mr. Elliote Sen: William Parks, Thomas Welds, John Boles, Robert William, Giles Payson, at present Feoffees in Roxberry, have covenanted, and agreed with John Prudden to keep a schoole in the towne of Roxberry, for the space of one full year, beginning on the first of March next ensuing the date herof: but not longer except the said John Prudden see cause for to doe; provided he give a quarters warning to the aforesaid Feoffees that they may other-wise conveniently provide themselves another schoolmaster where-upon the said John Prudden doth promise and engage to use his best skill, and endeavour, both by praecept, and example, to instruct in all scholasticall, morall, and theologicall discipline, the children, (soe far as they are or shall be capable) of those persons whose names are here under-written. All Abcdarians excepted.6
In consideration wherof the afore-sayd feoffees (not enjoyning, not leting the said John Prudden from teaching any other children; profided the number therof doe not hinder the profiting of the fore-named youth) doe promise, and engage (for the due recompence of his labour) to all the said John Prudden the full, and just summe of twenty-five pounds: the one halfe to be payed on the 29 of September next ensuing the date hereof, and the other halfe on the 25 of March next ensuing. i:e: in the year (70) the said 25£ to be payed by William Parks, and Robert Williams, their heirs or administrators, at the upper-mills in Roxbeny, three-quarters in Indian-corne, or peas, and the other fourth-part in barley, all good and merchantable, at price currant in the countrey rate, at the dayes of payment. It is also further added (by agreement) for the encouragement of the said John Prudden in the said employment: that if any person or persons in the towne of Roxberry shall for like ends desire, and upon like grounds with those above mentioned see meet to adde their names to this writeing; they shall enjoy the like priviledges with those whose names are above-written, provided that whatsoever they shall give in that way, shall be an addition to the 25£ and to be payed with it as afore-sayd. For the confirmation of which covenant, we mutually subscribe our hands herto.
Wheras it is above-sayd that William Parkes, and Robert Williams doe engage both for the time, place, and manner of the paying the afore-said twenty-five pounds: Giles Payson and Robert Williams their heirs, or administrators doe herby engage for the payment of the one halfe of the afore-said twentie-five pounds, at the same place and in the manner as above written, but in the month commonly called November, next ensuing the date herof. and for the Payment of the other halfe the fore-said William Parks, and Jonh Boless: doe in the like manner engage themselves heirs and administrators, to be payed on the 25 of March next ensuing that: i:e: in the year (70) or before the time.
John Eliot
William Park
John Prudden
Thomas Weld
John Bowles
This Covenant fulfilled to the satisfaction of the covenantees.
Robert Williams
Giles Payson
John Prudden.
Covenant’s original in possession of Roxbury Latin School. Facsimile forms frontispiece of Dillaway.
Dillaway, 30–32. Parker, 29–30. Ellis, 51–52, in part.
The humble petition of the Feoffees of the Schoole of Roxbury to the honored Gen: Court this 20th of the 3d m. 69 sheweth
your humble petitioners
John Eliot
Thomas Weld
Mass. Archives, lviii. 64. Dillaway, 15–17. Ellis, 42–43, in part.
(Ansr to Mr. Elliots petion for free schhole at Roxbury)
At a generall Court held at Boston the 19 3 1669
In answere to the petition of the feoffees of the School of Roxbury signed by Mr. John Eliot and Mr. Thomas Weld [and] for the Due Encouragement of the School [at] of Roxbury This Court Do[e]th Appoint Major General Leveret, Mr. Edward Ting Mr. Stoughton Mr. Thomas Shepard or any three of them to be a Committee to inquire into the true state of this affair to heare what may be said pro et con, Indeavouring what in them lyes an Amicable Agreement and full settlement of that affair amongst themselves and if that cannot be obtained to Make their report where the obstruction lyes and what it is to the Next Session of this Court that so the obstructions may be removed and so good and pious a work may be confirmed and determined according to the mind of the donours of so charitable a work.
This is past by the Magistrates and their brethren the
deputys hereto Consenting Consented to by the Deputys
Edward Rawson Secrety
William Torrey Clerk
2 June, 1669
This is a true Copye of the Court order
taken out of the Court Records
as attests Edw. Rawson Secrtary.
Mass. Archives, lviii. 64a. Mass. Bay Records, iv (ii). 434. osb, 27. Dillaway, 17.
Mr. Bell at the request of Mr. Eliot hath given power to D [ ] and to Mr. Eliot to make the sum of his donation upon his farm the sum of twenty shi[llings wi]tness his letters dated the 22nd of the third month 1669. This is twenty shillings per annum.
osb, 14.
21: 8 69
Return of committee about Roxbury schole
Through some unexpected occurents of providence we find ourselves unavoidably debarred from the opportunity of gaining that clear, and full understanding of the true state of things referring to the school in Roxbury which is necessary to our making that report to this honoured Generall Court in the present session thereof, as is meet; only we judge think it very expedient that the present Schoolmaster be incouraged in his work by the due payment of his salary, from time to time, according to agreement, [and] untill this honor Court shall take further order about that affair.
Jno Leverett
Edward Tynge
William Stoughton
Thomas Shepard
22 October 69
The Deputys Judge meete to re impower this Committee, for the finishing of what was committed to them in this matter and to make returne thereof at the next Court of Election the Hon’d Magistrates consenting hereto
William Torrey, Clerk
Consented by the Magistrates
Edward Rawson Secretary.
Mass. Archives, lviii. 65. Mass. Bay Records, iv (ii). 441.
1670
In pursuance of the Appointment of the Honord Generll Court May the 19th, 1669 and further renewed Octobr the 12, 1669, appointing us Referrees to inquire into the true state of the matter of a petition presented in the name of the Feoffees of the Schoole at Roxburrough signed by Mr. Jno Eliott and Mr. Thomas Weld; wee having read the papers presented by the persons concerned and heard their severall Allegations, doe find that in the yeare 1645 there was an Agreement of many of the then Inhabitants of Roxburrough for the laying a foundation for a Schoole for the Instruction of youth in Litterature, and that the Schoole work that hath been carryed an end in that towne hath been performed upon that foundation, and that there hath not any other provision at any time been made for the providing of Litterature amongst the youth there. We find also that many of the present Inhabitants are strongly desirous that that foundation may be incouraged, who doubt not but by the countenance of the Authority of this Court they shall be able to carry an end the worke effectually to the ends proposed. Wee find also that severall of the Inhabitants do strongly oppose the way proposed, and that hath beene in practise as declared by the petitioners, yet do not find that they propound any other effectual way, but some of them desirous that this may be altered provided another might be settled first that might be more acceptable to them, yet they declared, that they feared if the way that hath beene formerly attended be wholly waved they should have no School at all therefore desire that, that way that hath beene, and yet is, may be continued and established rather than that there should be no Schoole. And for as much that ye the endeavours we have used to persuade them to a mutual agreement, we find not any desirable effect, nor that the temper of those opposing the former foundation is incouraging that by any other indeavours they will be persuaded, the premisses considered we conceive that the petitioners desires should be granted in granting a confirmation of the School at Roxburrough, and to be a free school for all in that towne, and that the present Feoffees and their Successors chosen as by that Agreement be confirmed and impowered, as to collect former subscriptions, soe to take in others and to collect what rents by donation or otherwise may arise due to them, and that those whose names are not in this book (two witnesses upon oath appearing to prove they did assent and agree to the way of the Booke) be obliged and their heyres and assignes as if their names had been thereunto: we also conceive that the Land of Laurance Whittemore be improved to the best good of the towne in being settled upon the Free School; all which we submitt to the wisdome and determination of this Honored Court.
Jno Leverett
Edward Tyng
May 19: 1670
William Stoughton
Thomas Shepard
This Magistrates have past this their bretheren
the Deputies hereto Consenting and that
there be an order drawn up accordingly.
Edward Rawson, Secretary
William Torrey, Clerk
Mass. Archives, lviii. 66. Mass. Bay Records, iv (ii). 455–456. osb, 28–30.
Dillaway, 19–21. Ellis, 43–44, in part.
Whereas certain of the Inhabitants of Roxbury out of a religious care of their posterity and their education in good Literature did heretofore sequester and set apart certain summes of money amounting to twenty pounds to be paid annually unto certain Feoffees and their successors by the said Donors or Feoffees orderly chosen for the sole and only behoof benefit and settlement of a free school in the said town of Roxburie obliging themselves, heirs, executors and assignes, together with their Houses and Homesteads for the true and full performance of their respective obligations all which doth fully appear by their Agreement bearing date the last of August one thousand six hundred forty five, in which Agreement the originall Donors were wisely suitors to the general Court for the establishment of the premisses according to which a petition was proferred in the name of the present Feoffees to the General Court Holden at Boston May 19, 1669. in answer of which the court impowered a committee to take cognizance of and return the case to the court which accordingly was done as appears by their return dated May 19. 70. After serious consideration whereof this Court doth hereby order and enact that the said Agrement made and signed by the Donors of the said Summe of Money the last of August 1645 be by our Authority ratified and established to all Intents Ends and Purposes therein specified both with respect to the orderly choice and power of the Feoffees, as also for the time and manner of the Payment of the said summes of Money distinctly to be yielded and payed by the Donors of the same, according to their respective subscriptions. And in case of the refusall of payment of any Part of the said summes of money to which subscription is made or consent legally proved, that the orderly distress of the Feoffees upon the respective estates obliged shall be valid for the payment of any such summes of money refused to be paid, as also this Courty by their Authority doth settle and Determine the lands of Lawrence Whittamore, with all the Rents and Arrearages that have or may arise from the same to be received and Improved by the said Feoffees to the use, behoofe and benefit of the Free Schoole in Roxbury which said Feoffees are hereby Impowered for the ordering of all things for the settlemation and reparation of the Schoole House, Choice of Master, and order of Schollers and to Improve all Donations either past or future for the behoofe and benefit of the said School without any Personal or private respects, as also the ordering of twenty acres of Arable land lying in the Great Lotts, which hath been in occupation for the said School about twenty years, as also that if for the necessary and Convenient future being of a schoolemaster there be necessary the future levying of any further summes of money, that the Donors be absolutely and wholly free, from any such levy or Imposition those only being accounted Donors, who are Possessors of or responsible for the said summes of money according to subscriptions, and the said Feoffees to be allways responsible to the Court of Assistants and Donors for their Faithfull Discharge of their Trust.
(The Deputies have past this Desiring the Consent of the Honord Magistrates hereto.
23:3:1670 William Torry Clerk
The Magistrates Consent hereto provide the proviso hereto annexed.) Provided there be constant provision of an able grammar schoolemaster and the schoolehouse is settled where it was first intended and may be accomodable to those whose homesteads were engaged towards the Maintainnance thereof and in Case there be need of further Contribution that the levy be equally made on all the Inhabitans excepting only those that Do by virtue of their subscription pay their full proportion of the annual charges.
23:3:1670
Edward Rawson Secretary
Consented to by the Deputies. William Torry Clerk
Mass. Archives, lviii. 67–69. Mass. Bay Records, iv (ii). 456–48. osb, 32–33.
Dillaway, 33–35.
1672
A coppy of that Article in Mr. Bells wil wherein he gives his land to the free schoole of Roxbury.
E Regeo Curia prorogativa Cant: Extract
In testamento sive ult volo Thomas Bell Seniors muy Civitatis Londini Mercator Dest:gerent Dat. 290 Die Mensis Januarii Anno Dom 1671, penis Regrum Curia Prorogativa Cant Romanem inter alia in eodem continetur prae sequitur vizt.
Imprimis I give unto Mr. John Eliot Minister of the Church and people of God in Roxbury in New England and Capt: Isaak Johnson whom I take to be an officer or overseer of and in the said Church and to one such other like Godly person now bearing office in the said Church and their Successors the Minister and other such two head officers of the said Church at Roxbury as the whole Church there from time to time shall best approve of successively from time to time for ever, all those my Messuages or tenements Lands and heriditaments with their and every of their appertenances situate Lying and being at Roxbury in New England aforesaid in parts beyond the seas to have and to hold to the said Minister and officers of the said Church of Roxbury for the time being for ever in trust only notwithstanding to and for the Maintainance of a schoole Master and free schoole for the teaching and Instructing of Poor Mens children at Roxbury aforesaid for ever And to be for no other use intent or purpose whatsoever
Probatum apud London Coram venti viro Johanne Clark Legum surro Or 30 Die Mensis May Anno Dom. 1672, Juramto Susanna Bell Relica et Extricis a Cui et de bene Volo jurat
Marcus Cottle Reg.
Examinatu cum testamto original 23 Mensis Augusti 1673
Per me Robtum Perry
Notm Pubcum
osb, 40–41.
1673
Upon the 9 day of January 1672 [/3] the Selectmen and the Feoffees of the Schoole of Roxbury met together with the commoners of the Great Lotts and they did otherwise agree about the way7 to the schooles land, above mentioned.
rtr, 1. 60.
Mm. That on the 10.12.1673 the above said Testament of Land was read to the church and the Revnd Mr. Samuell Danforth Pastor to the said Church of Roxbury was Chosen and Impowered to Act with the other two above mentioned, as above.
osb, 41. Dillaway, 39.
17. 12. 1673
Agreed by a full Meeting of the Feoffees that the first second day of May next the Feoffees Do appoint to meet to settle the SchooleMaster and other affairs of the schoole properly belonging to them for the year next ensuing
Die supradicto Whereas the first second Day is Mentioned the first second Day of March is concluded to be the Day and that the Next year do begin on the twenty fifth of March in Consideration of what was due to Mr. Gore for keeping schoole before his formal entrance there upon.
osb, 42. Dillaway, 37–38.
I Benjamin Gambling of Roxbury Being well acquainted with the management of that farm in Roxbury which was Mr. Bells, now in the teanure of Ebenezer Gore, and the same in Controversy, I being desired by Both parties to speak what I know in the concern, And it is as followed [viz.] When Mr. Bell went for England he left his brother Meekins upon his farm, afterwards went off from thence, leaving the farm, when his wife died, who was Mr. Bells sister, then Mr. Bell desired Mr. Johnson to take care of it and let it out and to improve the Income for the poor of the Town of Roxbury. Then Mr. Johnson lett it to Mr. Morris who lived upon it divers years, when said Morris left it: he let it to Jonathan Peak Senr who injoyed it some years, then Mr. Bell altered the disposal of the income and impowered Mr. Eliot and Capt. Johnson to improve the income for the use of the School, Mr. Jno Gore being then the schoolmaster. The said Mr. Eliot and Capt. Johnson put the farm into the hands of said Gore he allowing 8£ per Annum for the Rent towards his sallery for keeping school. Said Gore not willing to take up with that proposal Except he had a lease for some considerable time because the houseing and fences were gone much to decay and would be for a great charge to repair them According they / with the Feoffees / gave him a lease for twenty one years, this lease was given above fourty years ago, before this lease was Expired by many years, the Trustees for the said School Made Proposals to Mr. Gore of taking a lease for 500 years if he would acquitt the former And take up with a new for so long a term and releasing near half the land leased in the former, and pay to the use of the school twelve pounds per Annum, which proposals Mr. Gore taking into consideration, the benefit such a lease might be to his children because they then would be Incoraged to build and to plant orcharding, which might so prosper to Increase the Income of the place he accepted and took a lease for 500 years accordingly And hath been in possession by himself and Children to this day
Benjamin Gambling
Dated Nov 5th 1717
Suffolk Ss. Boston November 5, 1717
Sworn to in the Superiour Court by B. Gamblin
Attest: Elisah Cooke Clerk
Sup. Court Files, 12314.
Agreed 21 4. 1672
By the Feoffees of the Free Schoole
That whatsoever ScholleMaster be hired for the Towns use it shall be done in writing under the hands of five at least of the feoffees and the Schoole Master and that for the tearm of and for a year only and to be renewed and agreed upon every year. In which agreement the summe of Money to be paid the Duty of the Schoolemaster, and manner and Nature of his Performance therein is to be set Down and no Donour to be obliged to Pay any Dues unto any other but such a schoole Master so hired And that a Quarter of a years warning and notice shall be required to be given either by the feoffees or by the schoole Master when either or both will hire or be hired for no longer time.
osb, 39. Dillaway, 37–38.
1674
Roxbury, this 27.12. 1673 (/4)
Whereas Mr. Thomas Bell of London Merchant Lately deceased hath by his last will and Testament given his farm in Roxbury in N.E. to Certain Trustees for the mainetainance of a schoolemaster and free school in Roxbury for ever and Mr. John Eliot and Capt. Isaak Johnson two of the Trustees have afixed the rent of the said farm to the present free schoole in Roxbury as appeareth, by their lease of the said farm to Mr. John Gore I Samuell Danforth being according to the Direction given in Mr. Bell’s will chosen 12.12.73 by the church to be the third trustee upon Mature Deliberation I do allow and approve and Do hereby confirm the affixing of the said Donation of Mr. Bell to the present free schoole in Roxbury
Written Mine Hand Samuell Danforth
osb, 43. Dillaway, 39–40.
Articles of agreement made and concluded upon between Mr. John Eliot, Mr. Samuel Danforth, and Capt. Isaak Johnson, being overseers and husbands in trust of that part of the estate of Mr. Thomas Bell, formerly of Roxbury deceased, which lyeth and is contained in said Roxbury on the one partie, and John Gore of said town, schoolmaster, on the other, partie, is as followeth, viz:—The said overseers husbands or trustees have, and by these presents do rent, let out and hire unto the said John Gore, the houses, barns and homestead of the said Mr. Thomas Bell, together with all and every parcel of land whatsoever, which was the proper estate of Mr. Thomas Bell at his decease and by him given to the use and benefit of a master and free school for teaching and instructing the children of Roxbury, (with special regard to the children of the poor,) and with all the priviliges,—to have and to hold, from the first day of May one thousand six hundred seventy-three for twenty one years.
In consideration whereof, the said Gore doth covenant to teach, or by his substitute, against whom there shall be no just objection, to cause to be taught a grammar free school according to the order and appointment of the said trustees, or paying unto the said overseers the sum of twelve pounds per annum in corn, or in cattle, or paying the same sum to any other person for the use and benefit of a school and schoolmaster as above mentioned,—finally, also, to repair said houses and barns upon his own proper cost and charge; both parties respectively to these presents have set their hands and seals this fourth day of March, one thousand six hundred and seventy three.
Signed by
John Gore
Signatures of two witnesses.
Dillaway, 43–44, reprinted from lost original.
John Gore to ?
“that he apprehended some inconvenience, and wishes some postponement while the Feoffees and Trustees of Mr. Bell’s will should come to a nearer union in some points that there seems to be some difference between us in. I do hereby declare that it shall not be in anywise grievous to me, if the Feoffees make choice of another schoolmaster. 26 March, 1674.
Signed John Gore.
According to Dillaway, this was printed on the other side of a draft agreement, which had not been signed, of which Dillaway reprinted these words—
This 27.1.1674 between the Feoffees and Mr. Gore, that the said Mr. Gore shall . . . tend the said school and all scholars that shall attend belonging to said Town, whether Latin scholars, writers, readers, or spellers, for the term of a full and compleat year, beginning from the twenty-fifth of March past.
Dillaway, 44.
As an addition to the Courts declaration or resolve as to Roxbury Free schoole, the las sessions, in May, this Court judgeth it meet that the trustees of Mr. Bell’s estate, from time to time, pay the rents of said estate unto the Feoffees aforesaid, or theire assignes, for the use of the said Schoole.
Mass. Bay Records [October 7, 1674], v. 22.
May 27, 1674
In answer to the petition of the Feoffees of the free school of Roxbury, settled heretofore by order of the Court, in Town Street the General Court having heard and seen the pleas and evidences in the case, doe, upon mature deliberation, judge that the declared intent of Mr. Thomas Bell, both in his life and at his death, in his will, was the settlement of his estate in Roxbury upon that free school then in being at his death in the said town.
Mass. Bay Records, v. 5–6. Dillaway, 42.
28–2–1674
A Joynt Meeting and vote of all the Feoffees chose Mr. Thomas Weld Jr., scholemaster for the year ensuing and agreed that the whole Donations and Rents of the free school, together with the rent of Mr. Bells farm, be payd him except so much as is necessary for repair of the schoole house etc.
osb, 44. Dillaway, 44.
It should be noted that at some time in 1674 the donations were halved.
Ellis, 57.
Deacon William Parke mr Joseph Dudley and Thomas Weld John Bowles Deacon Giles Payson and Robert Williams Feoffees of the Freeschoole of Roxbury Plaintiffs against Edward Morisse Senior Defendant in an action of the case for witholding and not delivering up unto the saide Feoffees a certain part of the Estate of the Late mr. Thomas Bell of London consisting in household stuffe and movable goods nor a just Account of them supposed to amount unto the Summe of twenty pounds, perticularly a pair of good shod wheeles plowes plow Irons, bedding and other implements of husbandry and house keeping given by the said Thomas Bell unto the schoole of Roxbury aforesaide of which said schoole and the Estate thereof the abovenamed persons are Feoffees in Trust, together with all due damages as shall then and there bee made appear according to Attachment dated 22:5: 74 . . .
The Jury . . . founde for the plaintiffs all the goods in the Defendants hand relating to the Freeschool aforesaid to be delivered to the plaintiffs aforesaid the Defendant purging himselfe by this Oath and paying cost of Court in the poenall Summe of thirty pounds in mony.
Records of Suffolk County Court [our Publications, xxix. 463–464].
Md. Novm. 10. 1674 Disposed of the twenty pounds Money received of Edward Morris by virtue of judgment graunted against him on Account of Mr. Bells Moveables ten pounds to John Ruggles six pounds to Jonathan Fairbanks twelve shillings 6 * to the Charges of Court, so their remayns in Deacon Park his hand, three pounds eight shillings. August 4. 1676
osb, 44.
1677
24.1.76/7 Received of John Ruggles the aforesaid ten pounds with thirteen shillings Interest and is in Deacon Parks hands for the schooles use.
osb, 44.
1679
The same day it was voted that without the consent of the town the scollers shall not keep school in the meeting hous.
rtr [January 13, 1678/9].
1680
At a meeting of the doners in Roxbury March 16, 1679–80, for the supply of wood for the school. It is ordered that parents masters and guardians for the several children comeing to the school, whether inhabitants or strangers, shall in the month of October or November pay to the school master four shillings per child coming to school, or bring half a cord of good merchantable wood, except such as for poverty or otherwise shall be acquitted by the Feoffees.
Dillaway, 45–46, from lost original.
Mr. Eliot and Mr. Boles declaring their intention of laying down their trust as Feoffees, Mr. John Pierpont and Gen. Timothy Stevens were made choice of by a unanimous vote of the donors for the supply of that place, and after information and upon complaint that many of the donations remain unpaid . . . it is agreed and ordered that the Feoffees annually appoint and empower one of themselves or the donors as Baily for the year, who shall give notice from house to house of the donors, the place and time of payment, . . . and in case of failure to make distress, . . . and that Robert Williams is empowered for the year ensuing, and that twenty shillings be annually allowed out of the donations for satisfaction of their service.
No date. On back of same sheet as the above.
Dillaway, 46, from lost original.
1681
Of inconveniences I shall instance in no other than that of the school-house, the confused and shattered and nastie posture that it is in, not fitting for to reside in; the glass broken, and thereupon very raw and cold, the floor very much broken and torn up to kindle fires, the hearth spoiled, the seats, some burnt and others out of kilter, so that one had as well nigh as goods keep school in a hog stie as in it.
I thought it good to acquaint you with it, and would entreat to acquaint the rest of the Feoffees therewith.
(signed.) T.B.
To this much quoted document Dillaway assigns the date 1681, and assumes that T.B. was Thomas Bernard, who taught at Roxbury Latin from 1680 until he was ordained colleague of the Rev. Francis Dane of Andover, and called to that parish, January 13, 1682/3.
Dillaway, 47, from lost original.
1682
Robert Williams is chosen steward for the gathering of the year’s rent ending March 25, 1682.
Dillaway, 47, from lost original.
Roxbury. Aprill. 24. 1682.
Then agreed with Ensigne Tobias Davis that he shall improve the Schoole Land in the Great Lotts except where it let to Joshua Seaver at fifty shillings money per annum he leaving the fences belonging thereto in tenantable repayr, until the first day of May, 1689.
Tobias Davis
Present.
J Dudley
W Park
T. Stevens.
osb, 110. Dillaway, 47, in part.
1683
Memorand: 29th October, 1683.
Given by Mr. William Mead late of Roxbury deceased (as is thus expressed in his will) unto the free school of Roxbury for the incouragement of learning all the aforesaid little tenement by me purchased, in case my wife marry, and in case my beloved wife Rebbekah marry not my will is that after her desease the whole abovementioned tenement shall be for the use and benefit of the aforesaid School and managed by the Feoffees of the said School for the best advantage.
osb, 48. Dillaway, 47.
1684
July 25, 1684. Roxbury.
Whereas there are three Acres of Pasture land belonging to Giles Payson, lying within the schoole Land at the Great Lotts which the said Giles Payson in consideration of his respect and affection to the free schoole and for an acquittance from the book rent which is four shillings per Annum he doth hereby give and graunt the said Lands to the Free school to have and to hold to the Feoffees for the time being for the said free schooles use and the feoffees accept the same and accordingly acquit and discharge the said Donation for ever and have therefore hereunto set their hands.
Testes
John Bowles
Giles Payson
James Pierpont
Joseph Dudley
Robert Williams
Samuell Williams
John Ruggles Senor
Timothy Stevens
osb, 45. Dillaway, 48, in part.
1687
School House in Roxbury. Jan. 15, 1686 [i.e. 1686–87]
Joseph Dudley Esq. and Ensigne Timothy Stevens are hereby Impowered by the Feoffees to Let and sell the whole estate of Mr. Thomas Bell belonging to the free schoole in the severall lotts and Divisions thereof for the space of five Hundred years next Coming from the first day of May Next to such Tenants as are Inhabitants of Roxbury. Provided that the whole estate in the severall parcels thereof amount to Sixteen pounds per Annum and Provided the Feoffees of the free school for the Time being have Liberty of re-entrance into any part or parcell thereof in Case of Non payment of rent for the same.
J Dudley
Robert Williams
Giles Payson
Sameull Williams Senr
John Ruggles Senr
William Gary
Timothy Stevens.
osb, 49. Dillaway, 48, in part. Dillaway also says: “There is on file a public advertisement of intention to sell.”
A lease for 500 years to Timothy Stevens and Samuel Ruggles of various farm lots made on January 21, 1686–1687, is recorded in Lib. 28, F. 167–168 of Suffolk Deeds. It was acknowledged on October 22, 1714, by Joseph Dudley, Edmund Weld and Joseph Weld. The rent was £4. Cancelled June 6, 1717.
Another lease for 500 years to John Gore for Bell’s farm made on February 25, 1686–1687 is recorded in Lib. 30, F. 199–201 of Suffolk Deeds. It was acknowledged on July 30, 1716 by Joseph Dudley and Edmund Weld. The rent was £12.
1691
There is a third instance of his [John Eliot’s] regards to the welfare of the poor children under his charge: and that is, his perpetual resolution and activity to support a good school in the town that belonged to him. A grammar-school he would always have upon the place, whatever it cost him; and he importuned all other places to have the like. I cannot forget the ardour with which I once heard him pray, in a synod of these churches which met at Boston to consider “how the miscarriages which were among us might be prevented;” I say, with what fervour he uttered an expression to this purpose: “Lord, for schools every where among us! That our schools may flourish! That every member of this assembly may go home and procure a good school to be encouraged in the town where he lives! That before we die, we may be so happy as to see a good school encouraged in every plantation of the country!” God so blessed his endeavours, that Roxbury could not live quietly without a free school in the town; and the issue of it has been one thing, which has made me almost put the title of Schola Illustris upon that little nursery; that is, that Roxbury has afforded more scholars—first for the colledge, and then for the publick—than any town of its bigness, or, if I mistake not, of twice its bigness in all New England. From the spring at the school at Roxbury, there have run a large number of the “streams which have made glad this whole city of God.” I perswade my self that the good people of Roxbury will for ever scorn to begrutch the cost, or to permit the death of a school which God has made such an honour to them; and this the rather, because their deceased Eliot has left them a fair part of his estate for the maintaining of the school in Roxbury;8 and I hope, or at least I wish, that the ministers of New-England may be as ungainsayably importunate with their people as Mr. Eliot was with his, for schools which may seasonably tinge the young souls of the rising generation. A want of education for them, is the blackest and saddest of all the bad omens that are upon us.
Cotton Mather, Magnolia Christi Americana, i (Hartford, 1820), 498–499.
1695
This list Containes an account of the first Range of lots in the Town’s half of Woodstock land as they were drawn at a Town Meeting appointed for that end 26 April 1695 . . .
The under list Containes the number and quantity of each of the Lots of the third Range . . .
58 Free Schole of Roxbury . . . 20–Acres.
rlr, 51–53.
1696
16 March 1695/6 The Feoffees for the School of Roxbury joyntly met and unanimously chose Mr. Joseph Green Schoole-master for the year ensuing and agreed that all the donations that can be obtained together with all the rents belonging to the free School in said Town be payed to him for his service.
osb, 38.
1697
The 26th of March, 1698. [Identical entry, appointing Andrew Gardiner,9 with this addition:] It is also agreed for this yeare ensuing schollers shall pay 2 s 0 d in money or bringe half a Corde of wood at a weeks warning of the Master.
osb, 38.
[Receipts for payment seem to have followed this general form:] Augt. 24. 1716. Then Received of the Gentlemen Enfeoff’d with the Care of the Free School in Roxbury, The Just Sum of Seventy Seven Pounds, as my Salary for keeping said School the full Term of two years (from March 30, 1714–to March 30–1717). I say recd
per me Thomas Foxcroft, (Schoolmaster)
osb, 54.
1713
At a meeting of the proprietors in Woodstock Lands held by adjournment the 19th. May 1713 wherein it was voted as follows . . .
9: That the Scool Lot be free of all charges:
rlr, 67–68.
1714
March 1, 1713/14. The same day it was by the Moderator [William Dudley] proposed to the town whether they would allow the selectmen to levy ten pounds for the better support of a grammar schoolmaster to teach schoole in the town street in as much as the rents and donations belonging to the said schoole were not sufficient incouragement for a schoolemaster, but being put to the vote it passed in the negative.
rtr, 1. 276.
1715
Att a Meeting of the feoffees of the free schoole in Roxbury the 6th of September 1715 Present His Excellencye Joseph Dudley Esqre: Stephen Williams, Samll. Williams, Edward Dorr, John Mayo John Holbrook and John Bowles, They made Choice of Capt: Stephen Williams and John Bowles as a Comitte to draw up a Petition and wait upon the Generall Court—Requesting them to—Confirm the grant of five hundred acres of Land to the Free Schoole in Roxbury, it not being taken up by our predecessors nor known by us till now. This Grant as follows.
Att the Second Sessions of the Generall Court
Held at Boston the 16th October 1660
The Court Judgeth it Meet to Grant the Town of Roxbury Five Hundred Acres of Land toward the Maintenance of a free schoole.
Copy examined
Joseph Hillers, Clerk.
osb, 33.
To his Excellency Joseph Dudley Esq., Captain Generall and Govenor in Chief in and over His Majesty’s Province of the Massachusetts Bay in New England etc, and to the Honorable the Councill and House of Representatives in General Court Assembled the Day of The Petition of Stephen Williams, Samuell Williams, Edward Dor, John May, John Holbrook and John Bowles Humbly Sheweth the said Free school is one of the ancientest and most famous Schools in this Province where: by the favour of God, more Persons have had their Education, who have been, and now are worthy Ministers of the everlasting Gospel, than in any, (we may say) than in many Towns of the like Bigness, in the Province, where by (Your Petitioners crave leave humbly to suggest) the said Town have deserved well of the Publick. And the Generall Court were pleased at their Session in October anno 1660, So far to consider Said School as to make a Grant of Land towards the Maintenance thereof in the Terms following, viz: “The Court judgeth it meet to grant the Town of Roxbury Five Hundred Acres of Land towards the maintenance of a Free School.”
An attested Copy whereof is herewith exhibited. Which Grant your Petitioners cannot find was ever laid out, altho: they have made diligent Inquirey. And they are well assured It hath never been. Your Petitioners therefore now humbly pray that Your Excellency and this Honorable Court will please to perfect and make effectual the pious Intent on and Design of the afore recited Grant by allowing your Petitioners to take up and protract the afore Granted Trace of Five hundred Acres of Land by a skilful Surveyor with Chainmen under Oath in any Place in this Province not yet granted, at the Charge of the said School, and present a plott thereof to this Honourable Court for their Allowance and Confirmation for the Use and Benefit of the said School for ever. And the Petitioners as in Duty bound shall ever pray, etc. Upon Reading a Petition of Stephen Williams, Samuel Williams Edward Dor, John Mayo, John Bowles and John Holbrook, Feoffees in Trust for the Oversight and Management of the free school in the Town of Roxbury, setting forth that the said free School is one of the most ancient and famous Schools in this Province, Where, by the favor of God, more Persons have had their Education, who have been, and now are, worthy Ministers of the everlasting Gospel than in any, we may say, than in many Towns of the Like Bigness in this Province, Whereby, (Your Petitioners humbly crave leave to suggest) the said Town hath well deserved of the Publick, and the Generall Court were pleased at their Session in October anno 1660, so far to consider Said School as to make a Grant of Lands towards the maintenance of it, in the terms following, Viz: “The Court judgeth it meet to grant the Town of Roxbury Five hundred Acres of Land towards the maintenance of a free School (an attested Copy whereof is herewith exhibited) Which Grant your Petitioners cannot find was ever laid out, altho’ they have made diligent Inquirey, and they are well assured It hath never been. Your Petitioners therefore humbly pray to perfect and make effectual the pious intention of the former Grant by allowing your Petitioners to take up and protract the afore Granted Tract of Five hundred Acres of Land by a skilful Surveyor with Chain Men under Oath in any Place within this Province not yet granted, at the Charge of the said School, And present a Platt thereof to this Honorable Court for their Allowance and Confirmation for the Use and Benefit of the said School for ever. ordered that the Prayer of this Petetion be granted
Provided the Said Grant has not been satisfied and laid out heretofore, the petitioners to present their Platt for Confirmation at or before the Session of this Court in Autumn next; Provided Likewise that it be not taken up between the purchase of Moguncoy and Sutton.
Nov. 24. 1715.
Parker 31–32. Cf. Prov. Mass. Acts and Resolves, Appx. iv. 425.
1716
June 25, 1716
A Petition of Nehemiah Walter, Pastor, and John Payson and John Mayo, Deacons, of the Eldest Church in Roxbury, praying this Court to Remedy the great inconveniency which the School in the said Town labours under by the Leasing of the Lands, with which it is endowed, at a low Rate, for the term of Five Hundred Years, contrary, as they suppose, to the pious intention of the Doner. Sent down from the Board, passed on there, viz. June 25. 1716. Read, and Ordered that the Petitioners cause the adverse Party to be served with a Copy of this Petition, that they may be heared before this Court, on the First Fryday of the next Session. Sent down for Concurrence.
hj, 117. 25.
August 3, 1716.
A Message from the Board, by John Clark Esq; That the House now come up to the Council Chamber, to Attend the Hearing appointed to be this Day upon the Petition of the Reverend Mr. Nehemiah Walter, Pastor, and John Payson, and John Mayhew, Deacons of the Eldest Church in Roxbury, between them on the one part, and the Lessees of the School Lands in the said Town on the other part.
Mr. Speaker and the House went up, and both Parties being heard, they returned again to their own Chamber.
hj, 127, 31.
Andrew Belcher, and Addington Davenfort, Esqrs; brought down the Petition of Mr. Nehemiah Walter &c. upon which there was a Hearing this Day, with the following Vote Pass’d thereon, viz. In Council August 3d. 1716.
In Answer to the Petition of the Reverend Mr. Nehemiah Walter Pastor, and John Payson and John Mayhew Deacons of the First Church in Roxbury, the present Feoffees in Trust, according to the Will of Mr. Thomas Bell of London, Merchant, Deceased, and upon a full Hearing of both Parties.
Resolved, That the Lands and Tenements of the said Mr. Thomas Bell late of London, Merchant, Deceased, in Roxbury, in New-England, Devised by him to Feoffees in Trust, only to and for the Maintenance of a School-Master and a Free-School, for the Teaching and Instructing of Poor Men’s Children at Roxbury for ever; and to, and for no other use, intent or purpose whatsoever; being Leased for Five Hundred Years, is contrary to the Law, and Statutes of England, where the Testator lived and dyed, when he made his afore-recited Will; and beyond the Power of the Feoffees in Trust in the said Will, and a frustration, in a great Degree, of the Pious Intention of the Donor; and that the full Benefit and Profits of the said Estate, be hence-forward restored, to the Petitioners, to the Uses and Intents aforesaid: Any Lease or Leases made to the Contrary notwithstanding.
Provided, That all things being duly weighed what the Estate has been bettered by the Lessees and equitable Allowance therefore shall be made according to Apprizement, of three persons of Integrity, upon Oath. Sent down for Concurrence. Read and Non-Concurr’d.
November 9, 1716.
Ordered, That a Message be sent up to the Board, Desiring, That the Petition of the Reverend Mr. Nehemiah Walter Pastor, John Payson, and John Mayo, Deacons, of the first Church in Roxbury, which was before this Court at their last Sessions, may be sent down.
Capt. Noyes, and Capt. Chambers were sent up with the Message, and returned with the said Petition.
Ordered, That the said Petition be Reconsidered.
The said Petition read. And the following Vote Pass’d thereon, viz.
Ordered, That a rehearsing be had thereon upon the 22d of November Currant. And that the Petitioners Notify the Adverse Party of this Order . . .
A Message from the Board by Eliakim Hutchinson, Isaac Winslow, and Thomas Fitch Esqrs, with a Petition of Nehemiah Walter Pastor, and John Payson and John Mayo Deacons, of the first Church in Roxbury, Praying That this Court would Reassume their Case as Feoffees of the School in Roxbury, in behalf of that School, which was before the Court at the last Session, and Relieve them; which they intimated was Pass’d upon at the Board this Session, before the Vote of House was sent up. viz. Nov. 7th. Voted, That the Petition be Dismisst, for that the Subject Matter thereof is cognizable at the Common Law.
A Message sent up to the Board by Capt. Noyes, and Col. Goffe, That this House don’t Apprehend how the Petitioners have their Remedy at Common Law, otherwise should not have Voted another Hearing.
hj, 132–134 (35–36).
1717
June 13, 1717 writ for £300 issued against Ebenezer Gore at request of Nehemiah Walter, John Payson and John Mayo in a plea of trespass and ejectment, by Elisha Hutchinson.
Sup. Court Files, 12314.
Ebenezer Gore Yeoman Defendant vs. Nehemai Walter Minister of the First Church of Roxbury John Payson Yeoman and John Mayo Cordwainer both of Roxbury Deacons or head Officers of same Church plaintiffs In a plea of Trespass and Ejectment.
The Defendant comes into Court and Sayes that the plaintiffs their Action against him for the Lands and Premisses Mentioned In the Writ ought not be have and Maintain but that the Same ought to be barred for that the Defendant and his Ancestors Under who he Claims Title to the Premisses in Question was in quiet possession of the Lands Sued for on and before the First of October 1692 and so Continued till the first of October 1704 and from thence to this time so that by the Laws of this Province for quieting of possessions the Defendandt Saith the Plaintiff’s Action ought to be barred, and of this prays Judgment.
R. Robinson, Attorney for
Defendant
Sup. Court Files, 6233.
At an Inferiour Court of Common Pleas begun and held at Boston for and within the County of Suffolk on the First Tuesday of July being the second day of the said Month Anno Dom: 1717.
Nehemiah Walter of Roxbury in the County of Suffolk Clerk, And Minister of the first Church of Roxbury, John Payson Yeoman and John Mayo Cordwainer both of Roxbury aforesaid, Deacons or head Officers of the Same Church Plaintiffs vs. Ebenezer Gore of Roxbury, aforesaid Yeoman, Defendant, In a plea of Trespass and Ejectment. For that the Defendan hath Illegally Entred into and Refuses to Deliver to the Plaintiffs the Possession of the Land and Orchard formerly called the Homestead of Thomas Bell . . . heretofore the Estate and Inheritance of Thomas Bell the elder formerly of the City of London Merchant . . . who by his Last Will and Testament . . . gave . . . unto . . . the Minister and two such head Officers of the said Church at Roxbury . . . to have and to hold . . . forever in trust only and Notwithstanding to and for the Maintenance of a School Master and free School . . . at Roxbury . . . Now the Plaintiffs in fact Say that . . . they the Plaintiffs are the Successors of the said Devisees who by Virtue of the said Will ought to be in the possession of the premisses to Execute and perform the said Trust yet the Defendant though often requested hath hitherto Denyed and refused and still doth deny and refuse to deliver to the plaintiffs the possession of the Land and premises above mentioned to the damage of the said Nehemiah Walter John Payson and John Mayo as they say the Sum of Three hundred Pounds. The Defendant appeared by Robert Robinson his Attorney and Saving his pleas in Abatement and Barr upon file which were overruled by the Court, pleaded not Guilty. Upon which Issue being joined the Case after a full hearing was Comitted to the Jury who were sworn according to Law to try the Same and Returned their Verdict therein upon Oath, That is to say they found for the Plaintiff the Land Sued for and Costs of Suit. It’s therefore Considered by the Court; that the said Nehemiah Walter, John Payson, and John Mayo Qualifyed as aforesaid Shall recover against the said Ebenezer Gore the Land sued for and Costs of Suit.
The Defendant Appealed from this Judgment unto the Next Superiour Court of Judicature to be holden for this County and Entred into Recognizance with Sureties as the Law directs for prosecuting his Appeal with Effect.
2. Jury.
A True Copy as Appears of Record.
Examined per John Ballantine Cler
A true Copy Examined per Elisha Cooke Cler.
R. Robinson Atty for Appellant
Endorsed.
Gore v Walter &C
Reasons of Appeal
Filed in the Office Octobr
21st, 1717
Att
John Ballantine Clerk.
Answers to the Appellants Reasons of Appeal
Ss John Vallentine the Att for Appellees
A True Copy Examined Elisha Cooke Cler.
Sup. Court Files, 12314.
1718
Gore vs. Walter. This Action was Commenced at the Superiour Court of Judicature begun and held at Boston within and for the County of Suffolk on the first Tuesday in November being the fifth day of Said Month, Anno Domini 1717. When and where the Jury found Specially in the words following. We find for the plaintiffs the Land Sued for and Costs of Suit Provided the Law in England that a Lease for publick and Pious Uses shall stand but for Twenty-one Years shall be in force here. Whereupon the Court Advised til this Term. It’s therefore considered by the Court That the Judgment of the Inferiour Court be and hereby is Reversed and the Appellant Recover Cost of Courts. (Tried before Samuel Sewall, Chief Justice, Nathaniel Thomas, Benjamin Lynde, Addington Davenport, Edmond Quincy, Justices.)
Boston. May 6, 1718
Sup. Court Files, vol. 1715–1721, ff. 219–220.
1719
Walter vs. Gore. Plea of a Review of a plea of Trespass and Ejectment . . . This Action was Commenced at the Session of this Court in November last passed, When the Defendant appeared by Robert Robinson his Attorney and pleaded not Guilty. Upon which Issue being joyned the Case after a full hearing was then committee to the Jury who . . . returned their Verdict therein upon Oath, That is to say they find specially Vizt: The Jury find for the Plaintiffs the Land sued for and Costs of Suit provided the Common Law will not allow a Lease for Publick and Pious uses shall stand but for fourty years and shall be in force here; if otherwise we find for the Defendants Costs of Court; and from thence Continued to the Session of this Court held on the first Tuesday of May Instant under advisement and from thence to this time and after mature Deliberation It’s now considered by the Court that the former Judgement be and hereby is Reversed and that the said Nehemiah Walter, John Payson and John Maho for the use aforesaid shall recover against the said Ebenezer Gore possession of the Land and Premisses Sued for and Costs of Suit. (Tried before Samuel Sewall, Chief Justice, Benjamin Lynd, Addington Davenport, Paul Dudley and Edmon Quincy, Justices.) Boston, May 26. 1718. M
Sup. Court Files, vol. 1715–1720, f. 18.
Gave Judgment for Roxbury School.
Samuel Sewall, Diary. May 26, 1719.
The 14th of July 1719 the Town haveing had Legall warning met to Consider of the Circumstances of the Estate belonging to the Free Schoole In Roxbury which att present is in the hands of Ebenezer Gore.
As allso to know the Town’s mind whether the way by John Weld Junr His House should be altered. John Bowles being chosen moderator they then proceeded to make the following votes, Viz:
1). the town desire the Trustees of Mr. Bell’s will to let Ebenezer Gore have the farm which is in his improvement for 21 years next Coming att 1511 per year.
2.) It was put to vot that uppon Condition the Trustees should let the farm to Ebenezer Gore for 21 years at 1511 per year and their should want a Further levy for the free Schoole whether they would Consent this Levy or further Sum of money should be made uppon their Estates. It was voted in the Negative.
rtr, 1. 276.
1720
Will of Joseph Dudley, dated Oct. 27, 1719, probated April 11, 1720 . . . I give to the Free-School in Roxbury Fifty Pounds to be put out to use, or to purchase Land to assist the Support of a Latin Master by the Feoffees of the Said School from time to time. This and other Legacies in this Will to be paid in that which passeth for currency in this Province.
Suffolk Wills 21, 709, and reprinted in Everett Kimball, The Public Life of Joseph Dudley [Harvard Historical Study xv. 202], with verbal variation.
1723
Whereas there has been some difference as to the Donation or Subscription of Isaac Morrell to and for the freeschool of Roxbury whether Joseph Scarbor who possesses one half of the homestead and Land Doned or obliged By the said Morrell and which the late Scarboro purchased of Joseph Williams late of Roxbury decesed and Abigail his wife, Should not pay Equally with Sam’l Stevens who hold the other part of the said Homestead, for the final Ending of which Difference the said Abigail Williams and her Brother John Williams together with his Uncle Mr. Sam’ll William and the said Scarboro have advanced and paid the Summ of three pounds money to the said Sam’l Stevens, for and in consideration whereof the said Sam’l Stevens for him self his Heirs Executors and Administrators doth hereby Covenant with the Feoffees of the Freeschool in Roxbury and their Successors for Ever that the whole of the subscription of the said Isaac Morrell which now is six shillings per year shall be paid from time (according to the subscription) By him the said Stevens his Heirs and Assignes that succeed him in his present Dwellinghouse and Homestead and that neither the said Abigail Williams Her Heirs or assignes, the said Joseph Scarbor His Heirs or assignes shall at anytime hereafter Be obliged to pay any part or proportion of the said Subscription, But be wholly and always Saved harmless therefrom in witness whereof the said Saml. Stevens hath herewith put his hand and seal this 4th of March Anno Domini 1722.
Samuel Stevens
Signed Sealed and Delivered
In presence of us
Ju Walleye
Harbuttle Dorr
osb, 88.10
1735
Roxbury, Nov. 10. “At a meeting of the Feoffees, ordered, that the parents or masters of each and every child sent to the said school, shall either send with said child eight shillings in money or two feet of good wood, and in case they do neither, the master is hereby ordered to suffer no such children to have the benefit of the fire. Provided always that this order shall not extend to any child or children who shall be exempted by the Feoffees by reason of poverty or low circumstances of the parents or master; they applying to the Feoffees for the purpose.
Paul Dudley
John Bowles
Edward Sumner
Isaac Williams
Shubael Low
Eben’r Dorr
December 16. A Petition of Paul Dudley, and John Bowles, Esqrs; and five others, Feoffees in Trust for the Free School in Roxbury, shewing that the said Free School is supported partly by the yearly payment of certain Sums of Money, and partly by the profits of certain parcels or tracts of Land, that there is one piece of Pasture Land of about twenty acres encompassed with other Men’s Lots, fronting on no road, and which lets for no more than four pounds four shillings per annum, nor is it like to rise; yet there are some of those that bound on it that would give Four Hundred Pounds for the Fee of it; praying they may have leave to make Sale of the same for the benefit of the said School, for the better support of a School Master, it being very difficulty to procure one at present, the Salary being so low. Read [and sale authorized, under restrictions to protect the money].
hj, xiii. 165 (151). [This was not enacted into law.]
1738
August the 15th. 1738 At a meeting of the Feoffees on Said Day in order to pay Mr. Stephen Fessenden for his servis in Keeping the Scool the last year and the Scool Dues being insufishant for the same we then Borrowed and Disbursed the Severall Sums hereafter mentioned
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osb, 66.
1742
Whereas the Old School House in the Easterly part of Roxbury was gone very much to Decay, it was thought proper by the Feoffees of the Said School to Erect a New School House and with the help of many well Disposed persons by way of Subscription they did in the year 1742 Erect a new House for the Said Use for which in the Same year the Honourable Paul Dudley Esqr. was Pleased to bestow for the Use of the Said School a good handsome Bell.
osb, 68. Dillaway, 64.
1770
At a meeting of the Feoffees . . . on Tuesday the 11th day of September Annoque Domini, 1770, at the house of Doctor Thomas Williams, present Rev. Amos Adams, Deacon Samuel Gridley, Deacon Stephen Williams, Trustees of Mr. Bell’s donation; Joseph Williams Esq., Messrs. Daniel Williams, Samuel Sumner, John Williams, James Mears and Doctor Thomas Williams, Feoffees of said School.
Voted, that they would meet Thursday the 20th day of September instant, at the house of James Mears, Junr. in order to visit said School at three o’clock, afternoon, and then further to advise, and on suitable days to visit said school quarterly for the future.
Dillaway, 68, from lost original.
1783
March the 31st 1783 at a meeting of the Feoffees by adjournment Present Messrs. Deacon William Gridley Dor Thomas Williams Mr. Aaron White and Col. Joseph Williams In Expectation of Receiving an Account Currant of the rents Recieved for Bell’s farm (so called) since the Decease of our Revd. Paster Mr. Amos Adams Deceased and in Sted of an Account Currant we had only a Narrative of sum part of the proceedings of the Deacons with Messrs Gore and Burrel which was not Sattisfactory and as Deacon Gridly was pleased to say he Questioned the Feoffees Right of Calling for an Account from the Trustees and was Willing it should be Tryed therefore proposed and Voted that the matter be speedinly put to Tryal by Regular Course of Law and voted they would Choose a Committee to prosecure the matter and accordingly chose Dr. Thomas Williams Mr. Aaron White the Committee—and after that the Trustees Desired the feoffees would adjourn this meeting to Thursday the 3d. Day of april next and they would Exhibit an account and they adjourned accordingly to meet at six of the Clock afternoon—and April the 3d met pursuant to adjournment and Deacon Gridley and Deacon Sumner Exhibited an account—which was to the sattisfaction of the Feoffees.
Account Book, 1783.
1785
May the 1th 1785—at A meeting of the Feoffees of the Grammer School in Roxbury, to look into the State of said School and finding the same In debt; Therefore Voted. That Col. Joseph Williams School-Treasurer be Desired to wait on the Trustees of Mr. Bell’s Donation to Know the State of their Accounts and what Cash may be further Comeing from them Due the 25th of March Last.
Account Book, 1785.
1787
Novbr the 1st: 1787 at a meeting of the Feoffees to Recieve an account of the State of the Trustees of Mr. Bell’s Donation respecting what Sum or Sums of money was liekly to be received from them between this and the twenty fifth of March next in order to Enable us to Discharge the School’s Debts the Revd. Mr. Porter Gave in sum miniuts not acceptable to the Feoffees: Therfour Voted to adjourn the meeting unto Thursday the 8th Da of November Instant to meet again at 5 of the Clock at Col. Williams’s In order to Receive an more full and Sattisfactory account of Debt and Credit from the same Trustees present
Joseph Williams
Thomas Williams
Feoffees Aaron White
Joseph Williams Junr
Thursday. Novbr. the 8 The Feoffees met according to adjoirnment and the Rev. Mr. Eliphalet Porter and the Deacons of the Church met with them and Mr. Porter Exhibited an account of Sundry Debts Due to the School the 25th of Novbr 1787 amounting to £52: 12: 8 as also two note of hand against Gore and Burrel amount to £91: 13: 2 Burrel’s note for £74:19:10 a part thereof not on Interest (as was supposed) and is Dubious———all which was not acceptable to the Feoffees who wished for a True State of Debt and Credit, with all the Tenants on Bells Donation from April 1783 to the 25th of March 1786 and a Just account of the outsets and repairs of fences etc. The Revd. Mr. Porter supposed they were not so accountable Decon Sumner was willing to give such an Account Decon Roe was young in office and wanted Time to consider and advise upon it: and so the Feoffees adjourned against unto next Thursday 5 of the Clock p.m. then to meet at the School house in Roxbury Street in hopes the Trustees might be sattisfied they must account to save Trouble and Charge in the law—Thursday November the 15 the Feoffees met according to adjournment and the Trustees not attending the meeting, therefore voted that Mr. Edward Sumner be Desired to Notify the Trustees once more that the meeting of the feoffees was further adjourned to Thursday the 6th of Decembr. at 5 of the Clock after noon then to meet at the School house In hopes the Feoffees may then Recieve an account Currant from the Trustees of Debt and Credit from 1783 to 1786 as before Requested—and Voted that Doctor Thomas Williams and Capt. Joseph Williams be a Committee to audit the Treasurers accounts and Report at said adjournment.—
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Feoffees Present with Master Heywood |
Col. Joseph Williams
Mr. James Mears
Doctor Thomas Williams
Captain Joseph Williams
Mr. Aaron White.
Account Book, 1787.
1788
Memorandum of Business Transacted 1788 April 24. Met at Col. Williams Voted to Excuse Coll. Williams at his request from the Trouble of School payer as Treasurer and Clark choose Dr. Thomas Williams Treasurer and Clark Directed said Clark to purchase New Book to record in. Drew two orders.
June 16 met at School House Feoffees and Trustees and a large number of the Inhabitants to Inquire why the School was Vacant could come to no Settlement with the Trustees and therefore would not open the school there being no money in the Treasury and some of the rents anticipated to pay Mr. Smith [for boarding the teacher].
June 19, and June 23, entries of payments from Eliphalet Porter and from him through Abdiel Haywood.
Account Book, 1788.
To the honourable Senate and honourable House of Representatives of the said Commonwealth in General Court Assembled, October twenty ninth Anno Domini 1788.
The petition of the subscribers inhabitants of the Town of Roxbury most respectively sheweth. That in the year one thousand six hundred and fourty five a number of our worthy Ancestors then the inhabitants of the said town of Roxbury, out of a religious care of their posterity and to promote the education thereof in future, did mutually agree to appropriate and set apart certain sums of money, and certain lands situate in the said town, the annual incomes whereof to be duly paid unto certain Feoffees and to their Successors to be regularly chosen by the said Donors and to be thereafterwards applied soley to the support and maintainance of a free Grammar School in the said town of Roxbury
That the Great and General Court of this then Province, now Commonwealth of Massachusetts on the twenty ninth day of May, One thousand six hundred and seventy were pleased, on the petition of the then Feoffees to ratify and confirm the said agreement, and to authorize and impower the said Feoffees, and their Successors to carry the said agreement into effect, and to improve the said donations for the benefit of the said School.
That Mr. Thomas Bell of London with a view of contributing to the same Benevolent design did by his last Will and Testament bearing date the twenty ninth day of January One thousand six hundred and seventy one, gave unto the Reverend Mr. John Elliot, then Minister of the said Town of Roxbury; and the two next Officers of the Church there, and their successors in the said Offices forwar, all his Messuages or tenements lands and hereditaments situate in the said town of Roxbury in trust only to be applied to and for the maintainance of a School Master and free School for the instruction of poor men’s children in Roxbury aforesaid forever.
That in the year One thousand six hundred and seventy four the Legislature were pleased to determine that the intention of the said Thomas Bell in his said last Will and Testament was the settlement of his said estate upon the free School then in being.
That in consequence of the management of the said revenues and incomes being devolved on two distinct bodies of men, denominated Feoffees and Trustees, the several Acts of the Legislature above refered to are found to be inadequate to the good purposes intended by them and attended with many inconveniences, and in our opinion require the interposition of this honourable Court wherefore we most earnest pray, as you are the Guardians of the interests of Literature and the Sciences, and all seminaries of them; that you will be pleased to take the premisses into your wise consideration and if you shall judge it expedient to repeal all the Laws heretofore made relative to the said free School and to incorporate such a number of reputable Characters being freeholders of the said town of Roxbury with such powers and under such regulations as may be necessary to carry into effect the benevolent design of our virtuous ancestors or otherwise relieve your petitioners, as to your Honors in your wisdom shall seem meet, and as in duty bound shall ever pray, etc. Moses Davis and 23 more signatures.
Mass. Archives, Docs. of Chap. 42, Resolves of October, 1788.
Ipswich Grammar School Documents
The Original Records of the Grammar School, (or as by some
tearmed, the free school) of Ipswich, with an account of what
hath been given thereunto, by the Town in Generall, o[r by]
any of the Inhabitants in particular.
In the first place it is to be Remembered, that there
was a Grammar School set up in Ipswich, in the year 1636.
But some of the more prudent and publick spirited In [ha-]
bitants, percieving; That such Children as were
usually sent to be trained up in grammer Learning, w[ere]
not like to Afford maintenance [suf]ficient for [the]
Encouragement of one to Attend s[uc]h a [sc]hool, m[oved the]
Town some yeares after, to give [so]me [Tract] of [Land within]
their precincts, to be Emproved [for the Maintaining a]
Grammer School, and that it mig[ht be put into the hands of]
Some Meet persons, as Feoffe[es to be Trusted with the]
Management thereof for such [an end to them and their]
Successors for ever, Acc[ordingly upon general]
Town meeting of the Inhabi[tants of the said Ipswich]
Held January 11: 1650, [all that neck of land be-]
yond Chebacco River, and [the rest of the ground]
up to Gloucester line adjoinin [g to it was Granted to]
Mr. Robert Payne, Mr. Wi[lliam Payne, Mr. Daniel]
Denison Captain of the trained [bands at that time, and]
Mr. William Bartholomew, for [the use of such a schoole,]
who did the 16 of January foll[owing make a lease of]
the foresaid land to Mr. John [Coggswell Jr. of the]
said town, and his heyres or Ass[igns for one thousand years,]
He or they paying yearly four[teen pounds for the use of]
the said School, to them, their he[irs or assigns.]
The said Mr. Robert Payne, about [the year 1652 purch-]
ased a dwelling house, with an house Lo[tt of Samuel Hei-]
-fer, and gave it for a Dwelling house [for the Schoolmasters]
use, that should be Called to keep the S[chool. And in the year]
following, he built an Edifice for A Schoo[l at his own]
Propper cost and charges, which was erected upon p[art of that]
Land by him purchased of the said Samuel Heifer, which was
to be ordered by Feoffees Chosen for that end.
Mr. William Hubbard gave about an Acre of Land adjoining to the said school-masters house, about the same time.
2 The Barn builded by Mr. Cheevers, the first schoolmaster Imployed in that school, and the orchard planted by him: was Afterwards, upon his Removall, purchased by the Feoffees of the said School, upon his Removale to Charlestown, and given Likewise to the School.
Mr. William Payn, Likewise, gave the Little Neck, adjoining to Jefferyes Neck about the same time, which was then leased out to Robert Roberts for six pound of yearly Rent to be paid to the use of the School.
Also John Cross, did give tenn shillings a year to be paid out of his farm, lying betwixt Ipswich and Rowley, to the use of the said school forever.
isb, 1–2, supplemented by Mass. Archives, lviii. 402–403.
1650
This Indenture made the Sixteen day of January in the Year of our Lord one thousand six hundred and Fifty Between Deaniel Denison, Robert Pain William Payne and William Bartholmew all of Ipswich in the County of Essex in New England on the one part and John Cogswell of Ipswich Iw. aforesaid in the County aforesaid on the other part Wittnesseth That the said Daniel Denison Robert Pain William Payne William Bartholmew have Demised, Granted and to Farm Letten all that parcell of Land Commonly Called the neck beyond Chebacco River bounded by the Said River on the one Side and by two Great Creeks on the two other sides and from the Heads of the Creeks as it was formerly bounded upon a Streight Line from Either doth Extend within two Rods of the Line that Divideth Ipswich from Glocester bounds (which Said Land Situate and being in Ipswich aforesaid) was Granted to Daniel Denison Robert Payne William Payne and William Bartholmew by the Town of Ipswich For the Use of a Free School in Ipswich for Ever. To the said John Cogswell Jnr. his Heirs, Executors and Assigns for and During the Space of One Thousand Years next Ensuing the Date hereof to be fully Compleat and Ended Yeilding and paying therfor Yearly During the Said Term the Yearly Sum of Fourteen Pounds in Manner Following That is to Say Four Pounds in Butter and Cheese Five Pounds In Beef and Pork and Five Pounds in Corn att the Current Price they shall bear att the Dayes of Payment which Shall be Yearly the one half att or before the Fifteenth day of November and the other half on the Fifteenth day of March after All which payments Shall be made to the Said Daniel Denison, Robert Payne, William Payne and William Bartholmew their Heirs and Assigns att the Days Aforesaid att the Meeting House in Ipswich. Provided it shall be always Lawfull for the said John Cogswell to Discount so Much of the Yearly Rent as shall be att any Time (if any be) Charged Upon the Said Lands for Towns Rates but not for County Rates or Ministry Maintenance And if it Shall Happen the said Yearly Rent or any part thereof to be behind unpaid after any of the days of payment aforesaid by the Space of one Month Then it Shall be Lawfull for the said Daniel Denison Robert Payne William Payne and William Bartholmew or any of them their Heirs or Assigns to Enter and Distrein and the Distresses there Lawfully to Bear Lead and Drive and Carry Away and to Retain the the Same Untill the Yearly Rent and Arrearages be Lawfully paid and satisfied and if Sufficient Distress be not there to be found Then att all times After it shall be Lawfull for the Said Daniel Denison Robert Payn William Payne and Willim Bartholmew or any of their Heirs or Assigns Upon the Said Lands and Appurtenances to Reenter and the same to have Again and Possess and the Said John Cogswell his Heirs Executors or Assigns to Expell and put out any thing in this Indenture Contained to the Contrary Notwithstanding In Wittness whereof the Parties Aforesaid have to this Indenture Interchanbly Sett their Hands and Seal the day and year Abovewritten Sealed and Dd in Presence of Us.
Joseph Payne, Francis French
John Cogswell and seal
Joseph Noyes, John Payne.
Copy Examd. Attest Saml. Rogers Cler. Feoffees.
Mass. Archives, lviii. 384.
1652
1652, Jan. 26. For the better aiding of the schoole and the affaires thereof, Mr. Samuel Symonds, Mr. Nathaniel Rogers, Mr. Jonathan Norton Major Daniel Dennison Mr. Robert Paine, Mr. William Payne, Mr. Wm. Hubbard, Dea. John Whipple and Mr. Wm. Bartholemew weare chosen a committee to receive all such sums of money, as have and shall be given toward the building or maintaining of a Grammar schoole and schoole master, and to disburse and dispose such sums as are given to provide a schoole house and schoole master’s house, either in buildings, or purchasing the same house with all convenient speed, and such sums of money, parcels of land, rents or annuities, as are or shall be given towards the maintenance of a schoole master, they shall receive and dispose of to the schoole master, that they shall call or choose to that office from time to time, towards his maintenance, which they shall have power to enlarge by appointing from yeare to yeare what each scholler shall yearly or quarterly pay or proportionably, who shall allso have full power to regulate all matter concerning the schoole master and schollers as in their wisdome they thinke meet from time to time, who shall also consider the best way to make provission for teaching to write and cast accounts.
Town Records of Ipswich, quoted in Felt, History of Ipswich, 83. This coincides in sense with a fragmentary entry on page 2 of the Ipswich Book, in which a preamble seems to recite the gist of this vote before the following entry:
(Since) some of the first Committee are Deceased, and (others) remote, by Occassion whereof, the Inhabitants (of the Town?), att a meeting Feb 18: 1661: did Nominate the (Rev.?) Mr. Cobbett, Mr. Hubbard, together with Mr. John (Roge)rs, Leaving Mr. Robert Payne, Liberty to nominate (two) more, who hath since nominated Mr. John Appleton (and) his own son John, to be added to the former Committee to make up Nine in all, which persons the former Committee do Approve, and accept and shall Readily Join, with them, In Acting according to the Trust at first committed to them.
isb, 2.
1665
Terms of appointment of Thomas Andrews. Besides rents of the School land and use of its house and barn:—
. . . sayd Mr. Andrewes shall bee allowed ? shillings by the yeare, for every Grammar [scholle]r; but for such as are Taught to write cipher or Read English: Hee shall agree with the Parents or overseers of the Children what they shall allow yearly or otherwise As he shall think meet. If that be found insufficient incouragement more shall be allow[ed] [paid?] as need shall require.
William Hubbard [in the]
name of the Rest.
Mr. Symonds, Major Denison Mr. Cob[bett] Mr. Robt: Payne, Mr. John [Appleton] Mr. Whipple Mr. John Payne b[eing] there present.
isb.4–5.
1680
A Lease of sixtie years of the Little Neck was Granted to John Pengry for seaven pounds per annum. 1680.
isb, 10.
1683
Mr. Robert Payne’s Assignment of the Lease of Chebacco Neck to the Feoffees of Ipswich School
To all Christian People to whom this Present Writing shall come Robert Payne Senior of Ipswich in New England sendeth Greeting. Whereas after severall overtures and endeavours Amoung the Inhabitants of said Ipswich for setting a Grammar Schoole in that Place, it was Profered by the said Robert that he would erect an edifice for such a Purpose, Provided it might be put into the hands of certain discreet And faithful Persons of the said Towne, And their Successors which himselfe Should nominate to be ordered and managed by them as Feoffees in Trust for that end, and their successors for that end forever; Provided also that the Towne or any Particular Inhabitants of the towne would devote set apart and give any land or other Annuity for the yearly maintenance of such a one as should be fit to keep a Grammar Schoole: And whereas the said Towne of Ipswich at a publique meetin[g of] the Inhabitants January 11th. 1650. did give all the neck of Land beyond Chebacco River, And the Rest of the ground up to Glocester Line Adjoyning to it to the said Robert Payne and William Payne to whom by the Desire and Consent of the said Town At the same time were added Major Denison and William Bartholemew for the use of such a schoole, And that the forementioned Major Denison, Robert Payne, William Payne, and William Bartholemew didfor themselves, their Heirs and Assigns immediately after make a lease of all the said Neck of land to John Cogswell Junr for one thousand years, he, his Heirs or Assigns paying a yearly Rent for the same of 14£ per annum for the use of the school with a power And liberty of reentry reserved to themselves, their Heirs and Assigns in case of nonpayment of the said Rent, as may more largely appear by an Indenture betwixt the said Cogswell on the one party And Major Denison, Robert Paine William Payne and William Bartholemew on the other party bearing Date Jany 16, 1650. And that also the said Inhabitants of the said Ipswich att a Publick Meeting January 26th, 1650, did add five more Scil: Mr. Simonds, Mr. Nathaniel Rogers Mr. John Norton, Mr. William Hubbard and Deacon John Whipple to the forementioned Major Denison, Robert Payne, William Payne and William Bartholemew According to the desire of said Robert Payne, all of whom they constituted and ordained As a Committee to have full power to regulate all matters concerning Sayd schoole, Masters, and Scholars as they shall see best from time to time. And that the said Robert did in the year following Scilit in the year 1652 purchase an House with two Acres of Land belonging to it, more or less of Richard Coye as Attorney to Samuel Heyfer the propperand rightfull owner thereof for the use of the Schoole Master, And did Likewise in the succeeding year 1653 at his own proper cost and charge build an edifice for a Grammar School which was Erected upon part of the Land so purchased, And whereas Likewise some of the First Committee being deceased and some liveing remote the Inhabitants of said Town att A meeting Feb: 18. 1661 did nominate the Reverend Mr. Cobbet, Mr. William Hubbard, Mr. John Rogers, leaveing the said Robert Payne liberty to Nominate two more who hath since nominated Captain John Appleton and Mr. John Pain Elder son of the said Robert to be Added to the former committee which persons the former Committee did Approve and Accept, as being ready to joyn with them According to the trust at first committed to them and that as any other of the said Committee have deceased they have continually made up the first number by some meet Person, or Persons chosen by themselves to be the succeeding members thereof And whereas lastly the gift of the said House and Land with the edifice erected for the Schoole upon part thereof was never yet recorded in any publique Register Now know yee that the said Robert Payne for severall good causes and considerations him thereunto moveing, especially for the increase of Learning in the next Generation hath seen cause by this publique Instrument to signify And declare that as he did in the years 1653 and 1653 make the said purchase of an house and two Acres of land and erect an edifice at his own cost and charge for the use of a Gram-Schoole in the said Ipswich, so he doth hereby Ratify and confirme the same for the Aforsaid Intent and purpose forever hereby Also makeing over en-feoffing and confirming his whole Right and Interest in all the Premises viz: in the neck of land beyond Chebacco River given him with three others (who are all besides himself deceased) for the use of the Schoole, And in the said House and Land purchased and the edifice erected thereon to the Rest of the Committee yet remaining or lately chosen to them and their Heires and successors or Assignes forever, which successors shall be chosen By themselves as any shall be taken away by death, or any other way Removed, so as to be uncapable to Act in and about the Premises hereby also debarring any of his other heires hereafter or any other person whatsoever from, by, or under him from makeing claime, challeng or demand to any of the Premises Aforesaid, or any part thereof whatsoever in witnesse whereof the said Robert hath hereunto set his hand and seal this fourth day of October in the year of our Lord 1683.
Robert Payne
Signed, sealed, and delivered with his seale
in the presence of us
Daniel Epps
Robert Payne, Jun
John Denison
Daniel Rogers
Mr. Robert Payne did Acknowledge this writeing above written to be his act and deed before me Octb 4, 1683
Samuel Appleton Assistant
Recorded in the Fifth book of Records in Folio 2682 March the twenty first, sixteen hundred eight six seven
As Attest John Appleton, Recorder
(Copy examd.
Attest Samuel Rogers Cler Feoffees
Ipswich Aprill 9t. 1754.)
isb, 13–14. Mass. Archives, lviii. 381–383.
1696
March 24th. The town grant the school ten acres of marsh at Castle Neck, for the house belonging to the school, “seeing it was declared, at a general town-meeting formerly upon divisions of Plum and Hog Islands, every house should have a lot.”
Felt, History of Ipswich, 84.
After 1700
At a meeting of the Feoffees in the New Schoolhouse . . . [election of Jabez Fitch] . . . Mr. Robert Paine in behalf of the Rest having received [??] Schoolhouse from the Committee of the Town did in the Name of the Rest deliver the same to Mr. Daniell Rogers the [School] master, desiring him to remove thither as soon he could [with con]venience.
isb, 16.
1714
[Ap]ril 1, 1714. The Feoffees had a meeting with several persons Chosen by the Town as a Committee to treat of matters relating to the School and it was agreed by all present to propose to the Town at their next meeting to Advance 25 1—for this year—
1716 and 1717
Committees appointed to negotiate terms with the Town.
1719
The Feoffees agreed to give Mr. Croker 6£ a month till November (out of the) School Rents and the Boys go free unless the Town come (to an agreement).
1720
The Town not Coming to any Agreement with the Feoffees, A com-[illegible] it was left vacant about two months, and the Selectmen [voted] to keep up a School the Rest of the year, viz: till June, 1720.
The Town having made no proposal about the School [and] by their Selectmen acting Separately have sett up another Schoo[l] propper and necessary for us to Assert our Right and Express our [illegible] Grammar School with which were entrusted and accordingly—
Ipsw. June 21, 1720. We whose Names are [subscribed] Feoffees for the Disposing of the Rents
of A Grammar School in Ipswich. Holting it as the U[se] [illegible] Schoolmaster that have the Benefitt of the [wanting] hath been practised by the Feoffees from the begin[ning] until the present year Have Chosen and Agreed with [wanting] to be the Schoolmaster And those are to [wanting] of the Town if that they send their Children to [wanting] [pay]ing for each child after the Rent of 20 s per annum.
isb, 17.
1722
Feb. 21 Lease to Dr. Berry of Homestead belonging to the school, and election of two Feoffees.
1750
Ipswich February the 10th 1749.
I Jonathan Wade of Ipswich in the County of Essex being the only Survivour of the Trustees or Feoffees of the Lands and Rents Set apart for the Use of the Grammar School in Ipswich according to the power Committed [to them] to Chuse and appoint their Successor in that [office] I do now hereby in my Capacity aforesaid Chuse [and] Appoint as Successor in the said office the Honble. [Thomas Ber]ry Esqr., Coll. Daniel Appleton Mr. Thomas [illegible] Major Samuel Rogers, Mr. Benjamin [Crocker].
Jonathan Wade
isb, 18.
1753
His Excellency William Shirley Esqre,
Captain General and Commander in
Chief in and over His Majesties Province
of the Massachusetts Bay in New
England; the Honourable his Majtes:
Council, and The Honourable the
House of Representatives, in General
Court Assembled the 5th of Sept: 1753
The Memorial of Thomas Berry Daniel Appleton Samuel Rogers and Benjamin Crocker Feoffeers of the Grammar School in Ipswich
Beg leave Humbley to Shew to this Honble: Court, that a number of well disposed Gentlemen in the early times of the Country, for the Incouragment of Learning (and before there was any Law to Oblige Towns to keep a Grammer School) were Pleased to give of their Estates, and appropriate them to the use of such a school, to be regulated by Feoffees, to be chosen and appointed by themselves Successively for the purpose aforesaid; Who prevailed on the Town, Also to make a Grant of Land for the use aforesaid to be regulated by them, who accordingly Leased out the same for the term of One Thousand years, And uninterruptedly received the Rents and took Care of the School for near one hundred years. But the Affair now Labouring under some difficultys—The power of the present Feoffees is questioned; being appointed by one, and that the only Surviving Gentlemen of the former Feoffees; So that neither your Memorialists, Constituted as Aforesaid, nor the Town (who for some years past, Have Recd: the Rents) can gett them without difficulty and Loss—Wherefore we pray Your Excellency and Honours, that upon view of the Records, You would please to take such Order thereupon, as that all the Estate heretofore Given to the said Grammar School may be secured for the valluable purposes aforesaid, in such way and manner, as to your Excellency and Honours shall seem meet and Just.
Thos Berry
Dan Appleton
Benjm Crocker
Samuel Rogers
In Council September 6, 1753 Read and Ordered that this Memorial be dismissed.
Thos Clarke Dpty Secry.
Mass. Archives, lviii. 377–378.
1754
The Committee to whom was Refferr’d the Consideration of the Petition of the Honble Thomas Berry Esqre and others to the Generall Court Relating to the School Rents and the Court’s Order thereon, Report that the Following Answer be made thereto which is Submitted by Order of the Committee.
John Choate
To His Excellency William Shirley, Esqre, The Honble His Majesty’s Council and House of Representatives in General Court Assembled this Twenty Ninth day of March 1754.
The Answer of the Town of Ipswich to the Memorial of the Honble Thomas Berry Esqre and others Respecting the School Rents in Ipswich
Most Humbly Sheweth
That your Respondents have nothing to Object to the Subject Matter of that Petition but Agree with these Gentlemen, that the Interposition of this Court in that Affair if not Absolutely Necessary yet would much promote the Grammar School in this Town, Tho with what propriety they Could stile themselves Feoffees Under the Present Circumstances of the Case, we Leave your Excellency and Honours to Judge, and Beg Leave to Lay before this Hon.d Court Some Reasons Why we think it would be most for the advantage of the School and Quiet of the Town and not Inconsistent with the Main Design of the Grantors of the School Lands, That for the Future the Rents be Recd. and the School Regulated by them According to Law.
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Wherefore your Respondents most Humbly pray That the Recieving the Rents, and Regulating the Grammar School among us may be Confirmed and Continued in the Town, and that the same rents For Ever appropriated to the use of a Grammar School here may be by the Town Applyed for the future to the paying (So Far as they will Go) such Grammar Schoolmaster or Masters as they from time to time Shall Chuse and as Shall be Approbated as the Law Directs.
And Your Respondents Shall most Humbly pray &C Att an Anniversary or Generall Town Meeting of the Freeholders and others the Inhabitants of the Town of Ipswich begun and Held March 5th, 1754. and Continued by Adjournment to March 19th, 1754, The Honble Thomas Berry Esqre. Modr. of the Meeting, The Committee to Whom was Refferr’d the Petition of Thomas Berry Esqr. and other Respecting the School Rents and the Generall Courts Order thereon Made Report and Presented to the Town the Foregoing Answer which was Read and Accepted—and
Voted that the Said Answer be Fairly Draughfted and Presented to the Great and Generall Court as their Answer, and that Mr. William Dodge be Appointed and Impowered to Present the Same In the Town’s Behalfe.
Copy Exam’d Attest.
Dated. Ips. March 25th. 1754 Samuel Rogers To. Cler.
Mass. Archives, lviii. 397–398.
Photostats of the material here printed have been deposited at the Massachusetts Historical Society by the Roxbury Latin School Trustees, the Feoffees of the Ipswich Grammar School and this Society.