APPENDIX V.

HOPKINS GRAMMAR SCHOOL. [The full text of Mr. Davenport's Deed of Trust mentioned on p. 291.]

To all Christian people to whom these presents shall come, I John Davenport, sen., pastor of the Church of Christ at New Haven in New England, send greeting :

Whereas Edward Hopkins, Esquire, sometime of Hartford in the colony of Connecticut in New England aforesaid, governor, and since in Old England deceased, by his last will and testament in writing, bearing date the 7th of March, 1657, did give and bequeath to his father-in-law Th'eophilus Eaton, Esquire, then governor of New Haven colony, the said John Davenport, Mr. John Cullick and Mr. William Goodwin sometime of Hartford aforesaid, all the residue and remainder of his estate in New England (his due debts being first paid and legacies discharged), and also the sum of ^500 out of his estate in Old England within six months after the decease of his wife, Mrs. Anne Hopkins, by the advice of Mr. Robert Thompson and Mr. Francis Willoughby to be made over and conveyed into the hands of the said trustees in New England, in full assurance of their trust and faithfulness in dispose of the said remainder of his estate in New England and of the said .^500 in Old England, according to the true intent and purpose of him, the said Edward Hopkins, declared in his said will, viz., for the en­couragement and breeding up of hopeful youths, both at the grammar school and college, for the public service of the coun-

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try in these foreign plantations, as in and by the will doth and may more fully and at large appear.

And whereas the said Mr. William Goodwin and the said John Davenport, the only surviving trustees of the above-named Edward Hopkins, by an instrument or writing under our hands and seals bearing date the 27th of April, 1664, have agreed upon an equitable division, settlement, and dispose of the said remainder of estate above mentioned, received or secured by us severally, or our attornies, and of the said £500, to the use or uses aforesaid; whereby the sum of £412, part of the said remainder besides the full moiety or half part of the said ^500, when it shall become due and received as aforesaid, is by me, the said John Davenport, to be disposed of according to the true intent and meaning of the said testator, as in the said instrument or writing agreed upon : know ye therefore that I, the said John Davenport, in pursuance of the said trust in me reposed, and that the grammar school or college at New Haven already founded and begun may be provided for, maintained, and con­tinued for the encouragement and bringing up of hopeful youths in the languages and other good literature, for the public use and service of the country, according to the sincere and true intent of the donor as above mentioned, and to no other use, intent, or purpose whatsoever, do give, grant, infeoif, and confirm, and have by these presents given, granted, infeoffed, and confirmed unto Mr. William Jones, assistant of the colony of Connecticut, the reverend Mr. Nicholas Street, teacher of the Church of Christ at New Haven, Mr. Matthew Gilbert, Mr. John Davenport, jun. and James Bishop, commissioned magis­trates, Deacon William Peck, and Roger Ailing, and to their successors to be nominated, appointed, and chosen as hereafter in these presents is ordered and directed, the said sum of £412, and the said moiety or half-part of the said £506, and all and every other sum or sums of money, or other estate which is or may be due by virtue of the aforesaid grant or agreement for-

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ever, under the name or title of the Committee of Trustees for the said trust, invested hereby with full power and authority to improve and dispose of the said sums or estate as before ex­pressed, and to oversee, regulate, order, and direct the said grammar or collegiate school according to their best skill, under­standing, and ability, in pursuance of the said trust and ends, in full assurance that they, the said committee and their suc­cessors regularly chosen and appointed, shall so manage and dispose of the said sums or other estate herein mentioned, to the true ends, purposes, and intents of the said donor, in his last will and testament declared and expressed, and to the true meaning and intent of me, the said John Davenport, in these presents before declared and directed, or to be hereby further declared and directed, and not otherwise: that is to say, for the pur­chasing a farm or farms for a yearly revenue for the school­master, or building such dwelling-house for the schoolmaster as the said committee, their successors, or the major part of them, shall judge necessary and convenient; and the said house and present school-house (being granted and confirmed by the said town of New Haven for the use of the said school) to uphold, maintain, and keep in good and sufficient repair from time to time, out of the rents, issues, and profits of the said money or estate so given and granted as aforesaid. And the said committee, or the major part of them, or of their suc­cessors, meeting together from time to time, in some convenient place and agreeing, are hereby fully empowered and authorized to consult, determine, and conclude, act, and do in the prem­ises as is above ordained, appointed, and directed, and to conclude, act, and do, all other thing or things thereabouts in pursuance of the said trust and the true meaning and intent of the foresaid donor, as fully and amply as I, the said John Dav­enport, by virtue of the trust to me committed in and by the said will, or by any other way or means whatsoever might law­fully do in the dispose of the said estate, all, or any part of it,

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to the ends aforesaid; and do further invest them, the said committee and their successors, and the major part of them, with full power, authority, and trust, to order, regulate, and direct the said collegiate school, by such laws' and rules as are by me provided, or shall be further as additionals by them, or the major part of them, judged necessary and expedient for the better ordering, regulating, and directing of the said school for the advancement of learning and good government therein; and to make choice of such schoolmaster (and usher, if need be) as they shall approve of to be sufficiently qualified to undertake such a' charge, and able to instruct and teach the three learned languages, Latin, Greek, and Hebrew, so far as shall be necessary to prepare and fit youth for the college; and to state and allow out of the said rents and profits such yearly stipend and salary toward his or their encouragement and main­tenance as they, the said committee, or the major part of them, or of their successors, shall judge meet and convenient; and also upon just grounds, either insufficiency, wilful neglect of trust, scandal, or the like causes, to exclude or remove him or them upon due proof and conviction of such offences, and to provide, to nominate, and choose some other fit person or per­sons in his or their room and place. And that there may be a certain and orderly succession of able and fit persons to manage the several trusts herein before mentioned in the room and place of any of the said committee or trustees before named, that shall die or remove his or their dwelling from New Haven afore­said, the said committee, or the major part of them surviving, shall immediately, or at furthest within three months after, choose such other person or persons of known integrity and faithful­ness, to» succeed in the room and place of any such person or persons so dying or removing as aforesaid, that the work may be carried on (in the said grammar or collegiate school) hereby committed to them, that so learning may be duly encouraged and furthered therein, in the training up of such hopeful youth

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as, in time, by the blessing of God upon good endeavors, may be fitted for public service in church and commonwealth, for the upholding and promoting of the kingdom of our Lord Jesus Christ in these parts of the earth, according to the true and sincere desire and ends of the aforesaid Worthy Donor in his said last will and testament mentioned and expressed. And because I stand under an engagement to attend the will of the said donor deceased, that his ends may be attained in the dispose of his said legacy, if the said committee or their suc­cessors shall find the said ends by this grant not attained at New Haven, and that the said grammar or collegiate school hereby endowed and provided for, should be dissolved and wholly cease, I do obtest them by the will of the dead, which no man may alter, and by the trust committed to me and them, whereof we must give our account to the great Judge of all, that this gift of the said Edward Hopkins, Esquire, de­ceased, be by them the said committee wholly transferred and • disposed of elsewhere, where the said ends may be attained. But if the true ends of the testator, and of this settlement be attained at New Haven, I stand firm to the place in this my grant, reserving nevertheless to myself in all cases, matters, and things respecting the laying out or improvement of the said estate, as aforesaid, for the said school, full power of a negative voice whilst it shall please God to continue my living and abiding in this country, or any part of it, to hinder and prevent any act or acts, thing or things, to be acted or done in or about the premises, to the detriment of the said estate, or contrary to the said trust to me committed and hereby transferred to the said committee and their successors aforesaid, upon this further condition, that the rent, profit, and improvement of the Oyster-shell Field, containing by estimation forty acres, more or less, formerly separated and reserved for the use and benefit of a college at New Haven, and also one other field commonly called Mrs. Eldred's lot, containing by estimation three acres

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more or less, be to the use of the said school at New Haven forever settled, ratified, and confirmed by the said town accord­ingly. And to prevent any further re-interruption which this settlement by me made may meet with by reason of a former grant of the abovesaid sum or sums of money and estate for encouragement of a colony school at New Haven, made by a memorandum in writing under my hand, containing sundry particulars to that purpose, and bearing date the fourth day of the fourth month, 1660, the same being registered in the records of the then General Court, and by the said Court at the time approved and accepted, as by the said records, page 260, doth appear, I therefore, the said John Davenport, in regard that the said Court by their act bearing date the 5th of November, 1662, for sundry reasons therein alleged, did lay down and discharge the said school, and withdraw the yearly exhibition by them formerly allowed, whereby (the said school being so dissolved) the said grant by me made became null and void: I do therefore hereby declare the same to be null and void accordingly, any thing-in the said writing or memorandum to the contrary notwithstanding. And the grant herein made of the premises to be good against the same, and against all or any other pretences whatsoever, according to my true intent and meaning herein before declared and expressed. In witness whereof I have hereunto set my hand and seal the eighteenth day of the second month, commonly called April, one thousand six hundred, sixty and eight.

john davenport, Senior.l. s. |

Signed, sealed, and delivered by the Reverend Mr. John Davenport, senior, as his act and deed, in the presence of benjamin ling, john hodson. This is a true record of the original examined by me.

james bishop, Recorder,