torum et Assessorum judicia et ex animi sui sententia et Promotionibus et gradibus pronunciaturum, Collegij et Academiæ commoda quantum salva pietate licet promoturum, ea denique omnia diligenter acturum quæ Decanus [sic] ANDREANÆ vel alterius cujusvis laudabilis ACADEMIÆ ex officio incumbere intellexerit, et e Republica Christiana et literaria esse certe cognoverit.

DE AGRIS AUT FEUDIS COLLEGIJ NON ALIENANDIS AUT PERPETUO

LOCANDIS.*

CAVEMUS ne ulla fiat perpetua Agrorum aut Feudorum locatio, aut ad emphiteosim alienatio, aut victualium a precio [in pretia, B.R. and C.R.] permutatio, aut prætextu augmentationis, meliorationis, aut alterius rationis, aut nominis cujuscunque; sed in eodem genere, statu et conditione, in qua nunc sunt, perpetuo maneant, non obstante quovis consensu, approbatione, aut confirmatione quacunque.

IN QUORUM OMNIUM TESTIMONIUM, huic Cartæ et erectioni nostræ, manu nostra subscriptæ, Sigillum nostrum appendi curavimus: Apud ABERDEN die secundo Mensis Aprilis Anno Domini Millesimo Quingentesimo Nonagesimo tertio: Coram his testibus JOANNE Forbes a Petslego, Magistris PETRO BLACKBURNO, ROBERTO HOWEO, Ministris Aberdonensibus [Jacobo, C.R.] CRICHTON Juniore a Frendraucht, et Magistro DAVIDE CUNYNGHAME Ministro Aberdoniæ. Sic subscribitur.

GEORGE ERLE MARSHALL.

From a copy entered in "The Foundation Book of the Colledge writtine with a fair hand" (Inventory of 1716, at which date the original was not extant), a small quarto volume in the Marischal College Charter Room (Foundation Charters: No. 1). Another copy is inserted in the Aberdeen Town Council Register, Vol. xli. (1603-5), p. 1025. A third occurs in the "Buik off Register off þe new

Quia hactenus damnosis locationibus Gymnasium nostrum plurimum detrimenti accepit, statuimus et ordinamus nullam locationem sive emphyteosin vel feudifirmam sive in annos plures vel pauciores, aut agrorum aut decimarum aut ædificiorum aut quarumcunque rerum, validam et ratam fore quæ non habeat expressum assensum et consensum Cancellarii, Rectoris, Decani, Principalis et Regentium simul Congregatorum testificatum et approbatum singulis ipsorum chirographis et sigillo communi dicti Collegii, una cum subscriptione ministri Novæ Abredoniæ; alioque irrita deinceps sit locatio.

Colledge off Abirdein [begun] be Master Gilbert Gray Principall þairof att his entrie to þe said colledge quhilk was þe 29 September 1598 3eiris". The last copy has appended the notes:-" Producit 21 Maij 1647 be the Lord Earle Marischall [William, Seventh Earl] before the Commissioners appointit by the generall assemblie". "Aberdein 22 Maij 1656. Producit be Mr. William Moir [Principal] and recordit in the books of Exchequer conforme to the severall acts thairanent by me W. Purves Cls." In connection with a law suit, Skene v. Duff, Mr. James Burnett (afterwards Lord Monboddo), referring to the copy in the Foundation Book, writes (15th June, 1756): "The President said that he thought the Copy of the Foundation Charter authentick, and as good as the originall". This copy has been collated with the two others, and different readings have been indicated within brackets [B.R.= Buik of Register; C.R. Council Register].

IIa.

Translation of the Foundation Charter.

GEORGE, EARL MARISCHAL, Lord Keith and Altrie, to true Christians all and each, everlasting greeting in the Lord.

WHEREAS, being mindful of our birth, position and duty, we had determined, according to our ability, to be of service to the Church, the Country and the Commonwealth, and to further the general well-being by whatever means we could; observing and seriously considering with ourselves in what darkness and ignorance most men lie, so that they exist in misery, erring most shamefully and wickedly as to the method of a good and happy life, and hence failing grievously, so that, stained from natural depravity with every crime, they often suffer the most complete ruin and shipwreck; whence the greatest mischief is done to the Church, the Country and the Commonwealth; which principally arises from the fact that an honourable, liberal and Christian education and training is in many places here either wanting or neglected, so that there are to be found very few men that have received a godly and upright education and have been trained in the humane arts, through whose exertions and zeal the Church might flourish, the Country become illustrious, and the Commonwealth be more and more enlarged, to the glory of God and the safety and security of the people: We, desirous that this evil should be at length attended to-it having pleased Almighty God to vouchsafe unto us His marvellous mercy and

goodness, not only in the other benefits that He has conferred on us, but especially in that He has enlightened us with a purer and fuller knowledge of Himself, implanting thereby in our mind such a disposition and understanding, that we have nothing more warmly at heart than to do the utmost good to the Church, the Country and the Commonwealth-have determined, not without the advice and opinion of prudent and grave men, or the due consideration of our course of action, to do diligently what it is in our power to effect, and not to refuse the aid that men might either wish or demand from us in so unjust and pitiful a state of affairs, but rather of our own accord and most willingly to further the public good, both otherwise as time and circumstance might demand, and especially by establishing, aiding and promoting education for the young, which here, in the northern parts of this kingdom of Scotland, is generally deficient; to the end that those disadvantages and grievances under which, to the deep grief of all good men, the Church, the Country and the Commonwealth have hitherto laboured, may (so far as under God's providence we shall be able) be most speedily and thoroughly removed. And this our resolution has no other motive than our desire to follow the example and in the footsteps of others whose highest aim was to benefit the Church, the Country and the Commonwealth as much as possible, and of many of our ancestors who zealously pursued the same course; and thus to be enabled to strengthen and to adorn the Church, as well as the Country and the Commonwealth. Therefore, because of old in this realm of Scotland (as elsewhere in divers places) kings, princes, nobles and bishops, in their zeal for the good of the Church, the Country and the Commonwealth, did found and erect colleges, to be abodes sacred to the Muses, and, as it were, nurseries where young men might receive a godly and liberal education in letters and in arts, thence to be transferred, as should seem fit, to all parts of the Commonwealth, whether to spread the preaching of God's Word in the churches, or better to instruct the young, or to administer the government, or for other purposes, wheresoever either the Church or the Commonwealth might require; and did endow these colleges as public schools for study with revenues and salaries sufficient to maintain, comfortably and honourably, the teachers being professors in Arts, and also certain students too poor to be able to live on their own resources: We-induced by the same motive (may it be happy and blessed in its results!), praying Almighty God that He may vouchsafe to favour this our undertaking, and may direct it to the glory of His name, the extension of the Church and the good of the Commonwealth, so that this work may always have happy issues, and that

He may never suffer it to fall into decay or to perish--desire to found at Aberdeen (called New, to distinguish it from Old Aberdeen), a city which has deserved well at our hands, and which, being specially bound to us by this our benefaction, will, we trust, deserve still better of us and of our successors and of our whole family, a public "Gymnasium,"* in the buildings formerly belonging to the Franciscans (the transference of which to this use has seemed most opportune and convenient), where young men may be thoroughly trained and instructed, both in the other humane arts, and also in Philosophy and a purer piety, under the charge of competent and learned teachers, to whom shall be given from our endowment such salaries as may be required.

THEREFORE WE DO GIVE and grant freely and for nought, and do alienate and transfer from ourselves and from our successors, and (as they say) do mortify to the teachers and students and other ordinary members of our "Academia," appointed and to be appointed by us, all and whole the manse and offices, glebes, yards, cloisters, church and wells, that formerly belonged to the Franciscan Friars, commonly called the Gray Friars, of Aberdeen, as they are bounded and marked off by walls, lying on the east side of the street called the Braid Gate; † all and sundry the lands, crofts, roods, rigs, orchards, barns, dovecots, tenements, houses, buildings, yards, acres, annual rents, feu duties, kilns, offices and others whatsoever, belonging to the Preaching and the Carmelite Friars of Aberdeen, commonly called the Black and the White Friars; and the estates and lands belonging to us in Bervy, once the Chaplainry of Bervy, and also the Chaplainry of Cowy, commonly called St. Mary's, belonging to us; as the particulars of each are more fully set forth in our charters and evidents, which it will suffice here to have noticed generally, as if they had been specially described:

TO BE HELD and had from [of] us and our successors, Earls Marischal, in pure and perpetual alms:

RENDERING therefor only the offering of pious prayers.

And because we bestow and confer all these possessions out of our

66

This term is used elsewhere in the Charter only twice (p. 73, 11. 26, 38), though the Principal is throughout styled Gymnasiarcha". "Academia" is applied to the foundation fifty-six times; "Collegium" seven times; and "Universitas " once (p. 74, 1. 14). On p. 75, 1. 22, and p. 76, 1. 6 "Academia" and "Collegium" are distinguished; elsewhere they seem to be used indifferently, to denote either the building or the corporation.

+ See the subsequent grant of the Grayfriars' property by the Town Council, p. 85. See the Charter of Confirmation by William, 6th Earl Marischal, in which the Chaplainries of Bervy and Cowy are not included, postea.

mere liberality on our Academia, therefore we free ourselves and our heirs from every bond of eviction and warranting, our own deed alone excepted.

And we desire that these revenues and annual rents, freely bestowed for the up-bringing and training of youth, be distributed among so many persons, namely, a Principal, three teachers (Regents as they are called), six alumni of the Academia, a Steward, a Cook; and to ensure that the buildings of the Academia be kept in sufficient repair, we desire that all these persons live in a collegiate manner, that is, having their meals and sleeping within the walls of the Academia.

THE PRINCIPAL, it is especially requisite, must be an upright and godly man, who shall look after the whole Academia and each of its members, and to whom we entrust the ordinary jurisdiction over each individual of our "College". He must be well versed in the Scriptures, able to unfold the mysteries of faith and the hidden treasures of the Word of God. He must also be skilled and learned in languages, and especially in Hebrew and in Syriac, which we wish to be spread abroad. Every week upon Monday he shall teach in the Scriptures one hour. He shall also (after the eight acroamatic books which the third Regent will explain) set forth all the rest of Physiology from the Greek text of Aristotle, to which he shall add a short explanation of Anatomy. He shall also expound Geography, History and the outlines of Astronomy. Moreover, he shall also add Hebrew Grammar, together with some practice in the rules. After the course of studies has been completed, he shall invest those that are qualified with the Master's cap. And as the charge of public discipline falls to him (for such is our desire), we assign to him and his servants what we think to be necessary, three chalders of barley and one hundred merks money of this realm.

THE REGENT next after the Principal shall expound the elements of Arithmetic and Geometry, selections from Aristotle's books of Ethics and Politics from the Greek text, to which he shall add Cicero's books De Officiis, to mould the character and extend acquaintance with the Latin tongue, and towards the end of the third year he shall interpret the acroamatic books of Aristotle's Organum Physicum. The third in order shall teach the Organum Logicum and a system of rules of invention and judgment from the best authors of both languages, and shall exercise the youths both in writing and in public speaking, that they may make equal progress in mastering both languages. The fourth, and lowest, shall profess instruction in Greek, explaining also the easiest authors of both languages, and shall accustom the students, by frequent written exercises, for the first six months to