THE STATUTES OF GEORGE HERIOT'S Hospital. Prov. Chap. 3. Vers. 9, 10. Honour the LORD with thy Substance, and with the First-fruits of all thine Increase; So shall thy Barns be filled with Plenty. Heb. Chap. 13. Vers. 16. But to do Good, and to Communicate, Forget not: for with such Sacrifices GOD is well Pleased. EDINBURGH, Printed by Order of the Magistrates, Ministers, and Council of George Heriot's Hospital, Anno DOM. 1696. THE STATUTES OF GEORGE HERIOT'S Hospital. To the Honour of Almighty GOD, to the Edification of His Holy Church, and to the Example of all others. Here begins the STATUTES and ORDINANCES of the Hospital, Founded, Builded, and Erected upon the only Charges of the Right Worshipful George Heriot of pious Memory, sometime Burgess and Goldsmith of the City of Edinburgh, and late Jeweller to the two Renowned Princes, King James of happy Memory, and King Charles now Reigning. Compiled by Walter Balcanquel, Dean of Rochester; after Consultation, Advice, and mature Deliberation had thereanent, with the Provost, Bailies, Ministers, and Council of Edinburgh, conform to the Power given to him in the Testament of the said Umquhile George Heriot, and Codicil annexed thereto, and true Meaning of the same. CAP. I. De Nomine Hospitalis. FIrst, this Foundation and Hospital, shall (for all time to come) perpetually and unchangeably be called by the Name of George Heriot his Hospital, and in all Leases let from the said Hospital to any Tennent, and in all Bargains, Evidents, Writings, or any other Writings whatsoever, wherein the Hospital is Interested, it shall be called by that Name, and none else; and shall be Erected, Builded and finished, with all Diligence in the Bounds thereto designed, be the Provost, Bailies, Ministers and Council of Edinburgh, with consent of the said Dean of Rochester, contained in the Act of Council made thereanent, of the date the 22 day of June 1627. And that conform to the Pattern given by him to them, to that effect. CAP. II. De Fundatore Hospitalis. Lest the Memory of so pious a Work should perish, and for the provocation of others to the like Piety; but above all, for the testifying of thankfulness of the Poor there to be maintained, unto Almighty God. He who readeth Prayers every Evening and Morning in the Chapel of the Hospital, shall, amongst other Blessings, give thanks unto God in express words, for the bountiful maintenance, which they living there, receive from the Charity of their pious Founder. The like mention shall be made in every Grace which shall be said after Meals, but especially upon the first Monday of June, every year, shall be kept a solemn Commemoration and Thanksgiving unto God, in this Form which followeth. In the Morning about eight of the Clock of that day, the Lord Provost, all the Ministers, Magistrates, and ordinary Council of the City of Edinburgh, shall assemble themselves in the Committee-chamber of the said Hospital, from thence all the Scholars and Officers of the said Hospital, going before them two by two, they shall go with all the Solemnity that may be, to the Gray-Friers Church of the said City, where they shall hear a Sermon, preached by one of the said Ministers, every one Yearly in their Courses, according to the Antiquity of their Ministry in the said City. The principal Argument of the Sermon shall be to these purposes, to give God thanks for the charitable maintenance, which the Poor maintained in the Hospital, Receive by the Bounty of the said Founder, of whom shall be made honourable mention, to exhort all men of Ability according to their Means, to follow his Example, to urge the necessity of good Works, according to men's Power for the Testimony of their Faith, and to clear the Doctrine of our Church from all the Calumnies of our Adversaries, who give us out, to be the Impugners of good Works. After the Sermon ended, all abovenamed shall return to the Hospital, with the same Solemnity and Order they came from it, where shall be paid to the Minister who Preached, to buy him Books, by the Thesaurer of the Hospital for the time, being out of the Thesaury or Rents of the Hospital, the Sum of CAP. III. De Gubernatoribus Hospitalis. THe perpetual Governors of the said Hospital, shall be the Lord Provost, Bailies, Ministers, and ordinary Council of Edinburgh, for the time being, and their Successors, for whose Prosperity and Happiness by the name of Governors, the Reader of Divine Service in the Chapel, and the Scholars in all Graces after Meals, shall pray in express Words. Likeas the said Hospital and whole Estate thereof, shall be Guided and Governed by the Provost, Bailies, Ministers, and Council for the time. And according to the Plurality of the Voices of the saids Provost, Bailies, Ministers, and ordinary Council of the said Burgh for the time, the whole Estate of the said Hospital, both for the Rents and Theasury, and all things which may depend thereupon: as also the Election of all Officers, Scholars, and Bursers thereunto any way belonging, shall be wholly ordered, governed and ruled, these Cautions being provided, which are hereafter in any part of these Statutes mentioned; But no Member of the said Council of Edinburgh, nor any of the said Ministers, shall ever have any Voice or Interest in any Business, which may any ways concern the said Hospital, either for Rents, or Elections, or any other thing, until such time as he or they, shall in the presence of the Council and Ministers of Edinburgh, take a Corporal Oath, laying his hand upon some part of the Holy Gospel, in these Words, I A. B. do faithfully swear and promise before God, that to the best of my knowledge and power, I shall carry and demean myself in all matters which concern the Rents, the Election of the Officers or Scholars, or any thing else belonging to George Heriot' s Hospital: And if I know any going about at any time, to Defraud or Defeat the Intention of the said Pious Founder, I shall reveal it to this Assembly or their Successors. So help me God: and the Contents of the Bible. Before which Oath Personally taken, no Person abovementioned, shall intermeddle with any thing belonging to the said Hospital, and if any one shall give his Voice, before the said Oath administered and taken, all Conclusions or Elections resolved upon at that Meeting, shall be utterly void, and of no effect to all Purposes whatsoever. CAP. IU. De iis, quae generaliter Electiones, & Hospitalis Negotia spectant. THere shall be no Election of Scholars, or any Officers any ways belonging to the Hospital, nor any Transaction which concerns any way the Estate, or any other thing belonging to the Hospital, be made or done, but in the Committee-Chamber of the said Hospital, or in some other Place within the Buildings of the said Hospital, whensoever there shall be any Election, of Officers or Scholars. First, the eldest Minister of the Town then present shall distinctly read unto the whole Electors, the ensuing Statute concerning the Election of the Scholars, or the Officer or Officers which are to be Chosen; after which he shall briefly desire them in the Fear of God, and according to their Oath which they have formerly taken for their Fidelity to the Hospital, to give their Suffrages, according to the true Meaning and Intention of that Statute presently read unto them, and then immediately, and not before, they shall proceed to the Election. And because it is fit, that the Master of the Hospital should be well regarded in his Place, to breed the greater Respect unto him in all Elections and other Business which any way concern the Hospital, he shall have a single Suffrage and Voice, as well as any of the rest of the Electors of the said Hospital. The Compiler of these Statutes, Walter Balcanquel Dean of Rochester, during his natural Life, shall have a single Suffrage in all Elections and Business concerning the Hospital, whensoever he shall be in the City of Edinburgh. It is Ordained, that in all things belonging to the Hospital, either Elections, Rents, or Government, or any other thing whatsoever, all these who by the Statutes have a Voice, shall be warned by the Officer of the Hospital, who shall be elected by the Governors to that effect, and they being warned, what shall by the manyest Voices of these who compear, be concluded, shall stand in Force and Effect. CAP. V. De Electione & Officio Thesaurarii. UPon the first Monday, after the Election of the Magistrates of this Burgh yearly, there shall be chosen by the saids Governors and Master of the Hospital, a sufficient able man to be Thesaurer of the said Hospital for a year thereafter, whose Office shall be, to receive all the Hospital Rents, to keep all Stock and Monies belonging to the Hospital, to pay all Wages and Allowances due to the Officers and Scholars, or any other belonging to the Hospital: to look diligently to the Reparation of the Building of the Hospital: to deliver Weekly to the Master of the Hospital, so much Money as to provide the Diet of the whole Hospital: and every Friday at Night, to take the Master and the Caterers Accounts, how they have Dispursed the said's Monies, whose particular Accounts he shall keep by him on a File, subscribed by the said Master and Caterers Hands, and it shall be in the said Thesaurer his Power to Control or Allow of the said's Accounts; which Weekly Accounts (both for the Diet of the Hospital, and all other Charges incident to the same any way) he shall upon the last Day of every Month, if it be not Sunday, and in that case, upon the next Day following, deliver up to the four Auditors of the Hospital, these Weekly Accounts of all Charges belonging to the Hospital. He shall be Elected by the Plurality of Suffrages of the ordinary Council, and Ministers of Edinburgh, the Master of the Hospital, and Doctor Balcanquel, if he be there present; after which Election the Clerk shall administer to him this Oath, in presence of the Governors, upon some part of the Holy Gospel, viz. I A. B. Elect Thesaurer of George Heriot his Hospital, do Swear and faithfully Promise, with my best Skill and Power, to Discharge all that is required of me, by the Statutes of the said Hospital. So help me God: and by the Contents of this Book. He shall yearly make his Accounts, and at his removing from his Office, shall deliver to the succeeding Thesaurer all Accounts and Papers which any way belong to his Office, and may give all Insight for the Discharge of the same, which Papers shall be always keeped and digested in good Order, in the Thesaur-house of the said Hospital. If the Thesaurer shall die, or by any Necessity be removed, the Governors within ten days of his Death or Removal, shall proceed to the Election of a new one, observing in his Election all things before mentioned. CAP. VI De Electione & Officio Auditorum. ON the same day of the Election of the Thesaurer, there shall be chosen yearly, four Auditors of his and all other Accounts belonging to the said Hospital, viz. One of the Bailies of the said Burgh, one of the Ministers of the same, one of the Merchants, and one of the Craftsmen of the Council of the said Burgh, who shall ilk last day of every Month, if it be not Sunday, and then the next day following, hear and perfect the Thesaurer his Accounts, for the Month last passed, and shall have power to Control or allow them, and whatsoever Monthly Accounts shall be perfected, and subscribed by the said hands of the Thesaurer, and any two of the said Auditors, shall be taken for a good Monthly Account, and not otherwise, reserving always to the whole body of the Governors that power, to Control all the whole Accounts, which shall hereafter be declared. The day after the end of every three Months, or at the furthest within four days after, the said Thesaurer and Auditors, shall deliver up unto the whole body of the Governors assembled in the Committe-Chamber, their Accounts for the three Month's last passed, fairly written in a Book; they shall be read publicly, and there either controlled or allowed; the Allowance shall be under the hand of the Register of the Hospital, with these words ex Jussu Dominorum Gubernatorum Hospitalis, which Book of Accounts for three Months so allowed, for the space of eight days after, shall lie open upon the Table in the Committee-Chamber, so that if any one of the Governors, (but none else) have a mind to peruse them, they may, and if they shall find any Oversight or Fault in them, they are charged by virtue of their Oath of Fidelity to the Hospital, taken at the first, to reveal it to the rest of the Governors, who shall take order to correct and amend it. The Auditors and Thesaurer, within four days of the last Month of every year, shall deliver up the whole last years Accounts to the whole body of the Governors, assembled in the Committee-Chamber, where they shall be allowed or controlled every way, as is expressed in the Quarterly Accounts. The Election of the Auditors, shall be by Plurality of Suffrages, and in all respects, as is expressed in the Election of the Thesaurer. After the Election, the Auditors shall give their Oaths in presence foresaid, as is taken by the Thesaurer mutatis mutandis. The Auditors shall be yearly chosen, as the Thesaurer is, and if any of them shall happen to decease, the Governors shall proceed to the Election of one in his place, within the time prefixed, in case of Removal or Death of the Thesaurer. It is to be observed, that the Monthly, Quarterly and Yearly Accounts of the Thesaurer, and Auditors Accounts, shall comprehend all manner of layings out for the Hospitals Diet, Wages, clothes, Prentice-fee, Reparations, and all things else. As also all manner of Comings in, whether Rents or Stock in the Treasure-house; so that upon the fitting of every Monthly, Quarterly and Yearly Accounts, there may clearly appear, what Rents remaineth in the Thesaurer his hands, and what Stock in the Treasure-house: and if at any time the Charges to be laid out, shall come to be more than the Rents received, because of the late coming in of the Rents sometimes, the Thesaurer shall borrow so much of the Stock of the Treasure-house, with the allowance of any two of the Auditors, who shall see it presently repaid again to the Treasure-house, upon the coming in of the Rents. CAP. VII. De Electione & Officio Registrarii. THere shall be chosen by Plurality of Voices of all them, who have Voices in the Election of the Thesurer, a Register or Clerk of the Hospital, who shall hold the same Office during his natural life, unless for his misdemeanour he shall be removed by them, whom in one of the ensuing Statutes, shall have power so to do: his Office shall be fairly and faithfully to keep, order, and digest all the Evidents, and all other Papers whatsoever belonging to the said Hospital: as also as Clerk, to sit with the Governors of the Hospital at all their Meetings: and there in modo & forma, to enact all Orders and Resolutions, made by the said Governors: Likewise he shall have the sole Benefit, of drawing and engrossing all manner of Evidents, Securities, and Writings, which are made betwixt the Hospital, and any Party; and shall receive therefore, no greater Fee than is usually paid to other Writers to the Signet, or to the Clerk of the Town of Edinburgh, in such cases. After his Election, and before his admission into the place he shall receive the Oath in the same from as is before expressed in the Oath of the Thesau er mutatis mutandis. Upon his Death or Removal, the Governors of the Hospital, shall proceed within ten days to the Election of a new one, in the same from and manner as is before expressed. The Register shall have Quarterly paid him by the Thesaurer of the Hospital, fifty Marks Scots. And the said Register shall receive as a Fee, from him or them to whose use any thing is Sealed, and no more. CAP. VIII. De Sigillo Hospitalis. THere shall be one Common Seal for the said Hospital, Engraven with this Device: Sigillum Hospitalis Georgii Heriot, about the Circle, and in the middle, the Pattern of the Hospital: no Security, or Evident, nor Deed, shall be reputed to be a Security, Evident, or Deed of the Hospital, unless it be Sealed and Confirmed with the said Seal. The keeping of the said Seal shall be after this manner: It shall be kept in a Chest which shall have four several Locks of four several Works, so that one Key can but open one Lock. On the 24th. day of June in every year, if it be not Sunday: and in that case the next day following, the Governors of the Hospital, shall cause to be delivered one of the Keys of the said Chest, to the Dean of Gilled of the said Burgh, for the time being: at which time also by Plurality of Voices, they shall choose three more of their own Number, to keep the other three Keys; of which, the one shall be one of the Ministers of the Town, the other a Merchant of the Body of the Council, the third one of the Deacons of the Crafts; three several Keys shall be delivered to them accordingly, but not without this Oath first administered unto them by the Clerk, in Presence of the Provost, or one of the Bailies of the said Burgh, and remanent Governors. I A. B. Do faithfully Swear and Promise, to carry myself to my best Skill and Power, in the keeping of the Seal of George Heriot his Hospital, and that I shall never suffer (so far as lieth in my Power to hinder) the Seal of the said Hospital to be put to any Security, Evident, or Writing whatsoever, unless it be first so Decreed and resolved upon, by the Suffrages of the major part of the Governors of the said Hospital. So help me God: and the Contents of this Holy Book. Their Office shall continue only for one whole year: and this to have beginning, so soon as the Hospital shall be Finished, Builded, and Perfected. CAP. IX. De Electione Magistri. BEcause no Body can be well governed without a Head, there shall be one of good Respect chosen Master of the Hospital, who shall have power to govern all the Scholars, and Officers who live within the same his principal care shall be, to see that the Scholars be brought up in the Fear of Almighty God: And therefore, he shall in the Chapel of the Hospital every Tuesday, Thursday, and Sundays some part of the Afternoon, Catechise and Instruct the Scholars, in the common Grounds and Principles of Faith and Christian Religion, and shall not offer to meddle further with any Points of Divinity, than the Doctrine of the Catechism: and he shall expone no other Catechism unto them, but such as shall either be made, or appointed and approved by the Ministers of Edinburgh, for the time being: after the end of every Catechism he shall read a Prayer, and not conceive one of his own. The Prayer shall be delivered him by the Ministers of Edinburgh, in which, there shall be express thanks unto God for the raising up their Founder, and an express Petition for the prosperity and happiness of the Council and Ministers. Next he shall have a special care, that the Scholars and inferior Officers of the House, be brought up in good Manners; and therefore that in all cases of Misdemeanours, as Swearing, Fight, Lying, spoiling of their clothes or Chambers, or the like, they receive due Correction and Chastisement. Thirdly, his care shall be as is above-expressed, that every Week once, he take the Butlers, Bakers, Brewers, Cooks, and all other Officers Weekly Accounts, and shall deliver them to the Thesaurer. And therefore, the Governors shall have a special care, that the Master to be elected at all times, have these Qualities, that he be a man fearing God; of honest life and conversation; of so much Learning as he be fit to teach the Catechism; a man of that discretion, as he may be fit to govern and correct all that live within the House; and a man of that care and Providence, that he may be fit to take the Accounts of the same; a man of that worth and respect, as he may be fit to be an Assessor with the Governors, having a Suffrage given unto him in all Businesses concerning the Hospital, by the 4th. Chapter of these Statutes: he shall be an unmarried man, otherways let him be altogether uncapable of being Master: his Election shall be by the plurality of Suffrages, of all those who (by the Statutes before mentioned in the fourth Chapter) have Voices in Elections: And we Charge the Consciences of the Governors in the Lord, that in the Election of him, all particular and personal Respect laid aside, they only look unto the fitness of the man, and observe the true meaning and Intention of this Statute. CAP. X. De sequentibus Electionem Magistri. AFter his Election, and before his Admission, the Clerk in presence of the Governors there present, shall require him first to take the Oath of Alledgeance, and afterward the Party elected, laying his hand upon some part of the Gospel, shall Swear further thus. I A. B. Elected Master of George Heriot his Hospital, do Swear and faithfully promise before God, that to my best Power, I shall Discharge all which the Statutes of the Hospital require from me, and shall do my best to see all the Statutes of the said Hospital observed, by others, whom they do Concern, and I do promise all faith and obedience to the Lord Provost, Bailies, Ministers, and Council of Edinburgh now present, and to their Successors So help me God, and the Contents of this Holy Book. After which Oath taken, he shall have by some of the Governors of the Hospital, Possession of the Master's Lodgings delivered unto him, and there publicly in the Hall of the said Hospital, all the Scholars and all Officers living in the House, shall be assembled together, and some one of the Governors, whom they shall think fittest, shall declare unto them, that this is he, whom they have chosen to be Master and Governor over them: And therefore, do command them to yield unto him, all respectful obedience in all things, that he shall command them, upon pain of being expulsed from the said Hospital: the Master of the Hospital, within the Precincts of the same, shall never go without his Gown. In the Hall he shall have his Diet, he and the Schoolmaster in the upper end at a little Table by themselves. He shall have a care to see the Committee-Chamber, & Garden with all the Walks, kept fair and clean without spoiling: But especially, that the Chapel, the Hall and all the Office-houses, be kept sweet and clean, as likewise the Scholar's Chambers. He shall have given yearly unto him, a new Gown, and Quarterly for his Wages, Fifty pounds' Scots Money. CAP. XI. De Amotione aut Castigatione Magistri ubi opus sit. IF at any time the Master shall Marry, his Place ipso facto shall be void. If at any time he shall be Convicted before the Governors of the said Hospital as a Fornicator, Adulterer, Drunkard, or notorious Swearer and Blasphemer, he shall ipso facto be deposed. If at any time he shall be found Remiss or Negligent in his Place, let him be publicly Admonished by the Governors of the Hospital, which Admonition shall be Registrat in the Hospital-Book. If he offend in the like kind again, let him receive a second public Admonition, which also shall be Registered: After which, if he shall offend in the same kind the third time, let him receive a third public peremptory Admonition, which is likewise to be Registered. After which three Registrat Admonitions; If ever he Offend again in the Premises, let him be irrevocably Deposed by the Governors; in which case they are presently to proceed to the Election of a new Master. If at any time the Master of the Hospital shall lie a whole Night out of the Hospital (except in cases of violent detention,) without leave of the Lord Provost of Edinburgh for the time, or in his absence one of the Ministers of the said Burgh, he shall receive a public Admonition from the Governors, and Forfault a whole Quarter's Wages, which in no case shall be pardoned. If he do so the second time, he shall receive a second public Admonition, and Forfault two Quarters Wages, in no case to be remitted to him; after which, if he shall Offend again in that kind the third time, and shall be thereof sufficiently Convicted before the Governors of the Hospital, he shall be absolutely Deposed. Whensoever the Master's Place of the Hospital shall be void, either by Death, voluntary Session, Deprivation, or any other way, the Governors shall within forty days Elect and Admit another into his Place, in Form and Manner abovementioned, else it shall be absolutely in the power of the Lord Chancellor of Scotland for the time being, to Nominat, Present, and Admit into the said Place, whomsoever he shall please, being qualified according to the Statute before-written, but still to be admonished, mulcted, and deposed by the Electors, according to his Offences, mentioned in this Statute. CAP. XII. De Electione & Officio Didascali. ANd because, that the Scholars shall be brought up in Letters, there shall be a Schoolmaster, whose Office shall be to teach the Scholars to read and write Scots distinctly, to cipher and cast all manner of Accounts: As also to teach them the Latin Rudiments, but no further. He shall be careful to see the Scholars keep their Chambers clean, their clothes handsome, to keep good order in the Chapel, & in the Hall, and elsewhere. He shall correct them for all their Faults. For his Qualities of Life, good Report, etc. For the manner of his Election, Admission, Admonition, Mulcting, Deposition, and the Election of a new one in his Place, it shall be in all points observed, as is expressed in the Statutes which concern the Master. He must be Un-married, he shall yearly have a Gown given him, without which he must never go within the Precincts of the Hospital: He shall receive Quarterly from the Thesaurer of the Hospital for his Stipend. CAP. XIII. De Electione Discipulorum. THere shall be chosen and admitted into the Hospital at the first, so many poor Scholars as the Revenue of the Hospital shall be able to maintain, deductis deducendis: who shall all be Children of Burgesses, and Freemen of the said Burgh, and amongst these, the Kinsmen of the said Umquhile George Heriot to be preferred: all others indifferently to be admitted without any respect, but according as the plurality of Voices shall fall. We do charge the Consciences of the Electors in the Lord, that they choose no Burgess Children into these places, if their Parents be well and sufficiently able to maintain them, since the Intention of the Founder, is only to relieve the Poor. All these Scholars when they are admitted, must not be under seven years of Age complete, and they shall not stay in the Hospital, after they are of the Age of sixteen years complete; at which time, if it be found by their Masters, that they are like to prove hopeful Scholars, the Hospital out of the Thesaurie-house, shall allow them for the space of four years, to bring them up in the College of Edinburgh, the yearly allowance of and their Regent shall be bound to take nothing for teaching them. If by their Masters they shall be thought not fit to be scholars, than they shall be bound out Prentices, to some such Trade as by the Governors shall be thought fit: the Thesaur-house of the Hospital paying for their Prentice-fee and no more. And the Governors taking good Security of their Masters, for performing of Covenants with the Prentices so bound: but after the Scholars, have learned to read and write Scots distinctly, and the Latin Rudiments, they shall be put out to the free Grammar-School of Edinburgh, there to be taught, until such time as they be either fit for the College, or to be Prentices, they shall all come to, and go from the School together, at all times of the Meeting, of scalling of the Grammar-School, orderly, and in their Gowns. The Master of the Grammar-School shall yearly receive from the Thesaurer of the Hospital, for teaching of these Scholars The Election of them shall be thus, at two times in the year, that is to say, upon the second Monday of October after the Election of the Magistrates yearly, and upon the third Monday of April thereafter, ensuing yearly, the Governors shall assemble themselves in the Commitee-House, and shall there carefully examine, how many places of Scholars have been voided since the last six Months, either by Death, putting to the College, being made Prentices, or any other way whatsoever: as also they shall examine the Revenue and Estate of the Hospital, whether it be able to maintain any more, then according to the number of the places voided, and according to what they find after both these Searches and Examinations, we do charge their Consciences in the Lord, that they do presently Elect and Admit so many Scholars qualified, as is before expressed; which Scholars, besides their Bedding, Lordging, Washing, Common-fires, shall be allowed from the Thesaurer of the Hospital, yearly for their Diet and for their clothes The Election of them shall be by Plurality of Suffrages, as is expressed in other Elections. They shall be comely and decently Apparelled as becometh, both in their Linnings, and clothes; and their Apparel shall be of sad Russet Cloth, Doublets, Breeches, and Stockings or Hose, and Gowns of the same Colour, with black Hats and Strings, which they shall be bound to wear during their abode in the said Hospital, and no other. CAP. XIV. De Electione & Officio Promi. THere shall be chosen a Butler by Plurality of Voices, to continue in that Office during his natural life; he shall not marry without the consent of the Governors asked and obtained; his care shall be to take charge of all the Bread and Drink, and laying the Tableclothes at the times of Meals in the Hall; he shall be in all things, obedient to the Master of the Hospital; and if he shall be convicted before the Electors of Fornication, Adultery, of being a Drunkard, a common Swearer, or of wilful and often disobedience to the Master of the Hospital, he shall be presently expulsed the Hospital. For his Wages he shall Quarterly receive for himself, and for his Boy. The Butler shall be charged with the keeping of all the Silver-plate that belongs to the Hospital; as also with all other, Spoons, Salts, Stoops, Cups to Drink in, and Candlesticks which belong to the Hall-service. CAP. XV. De Electione & Officio Coqui. THere shall be chosen a man of good and honest report to be Cook of the Hospital, whose Election, Admission, Licence to Marry, Punishment and Expulsion, shall be observed in all Points, as is expressed in the former Chapter, in the case of the Butler. He shall be charged, besides the clean dressing of the Hospitals Diet, with the keeping of all the Utensils belonging to the Kitchen. He shall receive Quarterly, Wages for himself for his Boy He shall deliver up his Accounts for Bread, Drink, Candle, and other things belonging to his Charge, to the Master, so often in the Week as he shall require. CAP. XVI. De Electione & Officio Opsonatoris. THere shall be chosen a man of good and honest Report to be Caterer, whose Office shall be faithfully and at the best rates, to buy good and wholesome Meat for the Diet of the Hospital, as also to deliver up his daily Accounts (clean and fairly written) to the Master of the Hospital, so often in the Week as he shall require them from him. His Election, Admission, Licence to Marry, his Punishment or Expulsion in all Points to be observed, as is expressed in the two former Statutes, concerning the Butler and Cook: he shall receive Quarterly for his Wages CAP. XVII. De Electione & Officio Janitoris. THere shall be chosen a Man, Unmarried of honest Report, to be Porter of the Hospital. He shall be a man of good Strength, able to keep out all sturdy Beggars, and vagrant Persons. He shall lock the Gates at all times of Prayers and Meals, every Night he shall lock up the Gates, and bring the Keys of them up to the Master at Seven of the Clock in Winter, and at Nine in Summer. He shall keep the Court very clean, he shall sweep clean the Chapel every day, and the Hall after every Meal; he shall see the Walks kept clean and fair, and make all the public Fires in the Hall; and if at any time he dispose himself to Marry, he shall dimit his Place, or else be deprived of the same. His Election, Admission, Punishment, or Expulsion, shall be in all Points observed as is expressed in the Statutes which concern the three former Officers. He shall have for his Quarterly Wages and every year a Gown, which he must wear continually at the Gate. These four Officers, viz. the Butler, Cook, Caterer, and Porter, shall have their Diet in the Hall immediately after the Master have dined, and the Scholars risen from the Table, with whom likewise the Master's man shall be allowed his Diet. CAP. XVIII. De Electione & Officio Hortulani. THere shall be provided for the Hospital a good and sufficient Gardener, whose care shall be to look well to the Committee-Garden, whereof the Master is to have the use; to the Kitchen-Garden, and to all the Walks and Hedges belonging to the Hospital. The Governors to Elect, Place, and Displace the Gardener at their pleasure, he shall receive Quarterly for his Wages CAP. XIX. De Electione & Officio Foeminarum. THere shall be chosen Six Women, of good and honest Report, Un-married, and who must never Marry; they shall be of the Age of Forty five years at the least; their Charge shall be diligently to Wash all the Linnings, that belongeth either in general to the Hospital, or in particular to any Scholar, and to make all the Scholar's Beds, and Sweep their Chambers, and to attend such of them as shall be sick. Their Election, Admission, Punishment, or Expulsion, is in all Points to be observed as in the case of the Hospital-Butler is expressed in the 14 Chapter. They are to have their Diet in some Room by themselves; they are to be charged with, and answerable for all the public Linnings of the Hospital, and the particular Linnings of the Scholars. They shall receive Quarterly for their Wages, every one of them. All these Officers beforementioned, in case of Misdemeanour, shall be punished by the Master of the Hospital; and therefore there shall be a pair of Stocks, placed at the end of the Hall in the Hospital, in which the Master shall command to be laid any Officer for any such Offence, as in his Discretion shall seem to deserve it; and the the Master likewise shall have Authority to lay in the same Stocks, any vagrant Stranger of mean Quality, who within the Precincts of the Hospital shall commit any such Offence as may deserve it. The Officer for executing the Master's Command in this Point of Justice, shall be the Porter of the Hospital. All these Under-Officers, viz. Caterer, Butler, Cook, Porter, womans, and Gardiner, shall find sufficient Security for their Intromission, and discharge of their Duties in their Offices. CAP. XX. De Electione & Officio Medici, Pharmacopolae & Tonsoris seu Chyrurgi. THere shall be appointed One Doctor of Physic, who for Visiting and Looking to all the Sick in the Hospital, shall receive yearly from the Thesaurer, One Apothecary who shall be paid for all his Bills of Drugs, if they be Subscribed with the Doctor of Physic his Hand; One Chirurgeon Barber, who shall Cut and Poll the Hair of all the Scholars in the Hospital; as also, look to the Cure of all those within the Hospital, who any way shall stand in need of his Art, and shall receive for his Wages yearly CAP. XXI. De iis quae generaliter Hospitalem spectant. FIrst, for the Service of Almighty God, there shall be in the Chapel of the Hospital every day in the Morning, betwixt Seven and Eight of the Clock, Divine Service read by the Master of the School in this order. First, shall be read the ordinary Confession of Sins; Next, some one or more of the Psalms in Prose; after that, one Chapter of the Old Testament; and after that, one of the New Testament, both of them in order as the Ministers of Edinburgh shall direct; after which, shall be said the Creed; after that, a Prayer shall be said, in which Thanks shall be given to God for all his Spiritual and Temporal Blessings; amongst his Temporal Blessings, for the present Maintenance which they receive from God by the Hands of their bountiful Founder: Moreover, they shall pray for the life and happy Reign of our Sovereign Lord the King, the Queen, & all of the Royal Progeny; for the Lords of his most Honourable Privy Council and more especially for the Provost, Bailies, Ministers, and Council of Edinburgh, their most religious and honoured Governors; beseeching God to raise up unto them such Benefactors, as may by the Testimony of their good Works, bear witness to the Holiness of our Profession and Religion. This Prayer is not to be conceived by the Schoolmaster, but to be read by him every day, as it shall be delivered unto him, Penned by the Ministers of Edinburgh. Every Meal before Meat, Grace shall be said in the midst of the Hall, by one of the Scholars, and it shall be a set Form of Grace, pronounced in the midst of the Hall, after the said Scholar hath first read one of the Psalms; after Dinner the same Scholar shall say the Grace, giving God Thanks, amongst other things, for their Founder, and praying for their Governors. This Grace likewise, is to be in a set Form, as it is to be delivered unto them by the Ministers. Every Sunday, the Master, the Schoolmaster, and all the Scholars, in order two and two, shall go solemnly in order in their Gowns, and all the Officers of the house that can be spared, going after them, to the Grayfrier Church, both to the Forenoon and Afternoon Sermon, and there shall sit in such a place as shall be appointed for them; and in that decent order, return back again from the Church to the said Hospital. All the Scholars in the Chapel, Hall, Church, and all other places whatsoever, shall take place, according to that rank and order in which they are elected and admitted to be Scholars of the Hospital, and no otherways. There shall ever be kept in the Treasure house of the Hospital, so great a Stock of Money, as in all probability is able to defray the Charges of these Scholars, who are maintained in the Hospital; and pay the Prentice-fees of all such as are to be bound out Prentices, and pay the Charges of Reparations, and all other common Charges whatsoever, belonging to the Hospital. Twice every year, that is to say, upon the second Monday of October after the Election of the Magistrates yearly, and upon the third Monday of April thereafter ensuing yearly, being six Months distant one from another: the Electors shall visit the said Hospital, hear and determine all Complaints that can be made, either against the Master, Schoolmaster, or Officers: shall reform all Abuses which they find in the same; see that all parts of the Hospital be teight and in good Reparation, and inquire whether the Scholars Diet be good and wholesome, their clothes honest and seemly, their Beds and Chambers sweet and cleanly according to the Allowances bestowed upon them, and set strait all other things which need to be amended. All the Moneys which by Debts, Rents, or any other way shall belong to the Hospital, besides that which shall come in to the Stock of the Treasure-house, shall be bestowed upon Land, and no otherways, for all time to come whatsoever. CAP. XXII. De Reservatis. THe Compiler of these Statutes Doctor Balcanquel, doth reserve unto himself, full power for the filling up of all Blanks in these Statutes, and all the power which he now hath, for the determining of the Stipends, or Wages of all persons, to whom by these Statutes, Wages or Stipends are to be allowed, until such time as after the Building and erecting of the said Hospital, and a perfect Examination of the clear probable Revenue of the said Hospital, after the perfecting and clearing of all manner of Accounts and Deductions, either in his own presence, or by the Information of the Lord Provost, Bailies, Ministers and Council of Edinburgh, it may appear unto him, what Wages the Revenue of the Hospital is able to allow to all such, as by the Statutes before mentioned, are to receive Wages and Allowances: as also, he doth reserve unto himself, all the power which is given unto him, by the last Will of the pious Founder, or the Codicil thereunto annexed, for the ordering and settling of the ten Bursars places therein mentioned, until such time as the building of the said Hospital shall be finished. And if it shall please God, that the said Walter Balcanquel (before the times abovementioned) depart this life, he doth by these Presents, transmit the whole power now resident in him, concerning these two Points, of determining Stipends and Wages, and ordering and settling of the Ten Bursars, to the Lord Provost, Bailies, Ministers and Council of Edinburgh, for the time being, whom he doth earnestly beseech in the Lord, to take all faithful and possible pains, that these two Points be conscionably settled, according as they shall find the Revenue of the Hospital will give leave. To prevent all Corruptions in after times, there shall never be made by the Electors, any praeelection of any place whatsoever belonging to the Hospital, nor shall the praeelection or Election of any Officer or Scholar, before the place unto which he is praeelected or elected be actually void, stand good, but it shall be void ipso facto: and therefore, before the Hospital Building be finished, and fit to receive these who are appointed to inhabit in it, there shall be made no Election nor Praeelection of any Officer or Scholar belonging to the Hospital, excepting only such, as must of necessity attend the Fabric of the said Building, or the present Revenue, Moneys, or Estate presently belonging or intended for the said Hospital, and these after the Building is finished, or before, to leave their places, unless they be then again the novo chosen by the Electors, but after the house is fitted for the receiving of those who are to live in it; then all Elections shall go as is expressed in the Statutes beforementioned. The Compiler of these Statutes Walter Balcanqual Dean of Rochester, doth reserve unto himself, during his own natural life, all power for adding unto, or diminishing from, or altering of these present Statutes accordingly, as upon emergent occasions, he shall be thereunto induced be his own Conscience, or Consultations with the Lord Provost, Magistrates, Ministry, and Council of Edinburgh; or by the Advice of those who are Learned in the Laws of the Realm of Scotland: Otherways if from the said Dean of Rochester in his Life-time, these Statutes shall receive no Addition, Diminution, nor Alteration, than these Statutes being subscribed with his Hand, and sealed with his Seal at any time before his Death, shall have the Strength, Validity, and Force to all Purposes whatsoever, of the Statutes mentioned in the Will of the Founder, by which and no otherways the said Hospital shall be perpetually Governed, Ordered, and Directed for Ever hereafter, unto the End of the World. And if there shall arise any Controversy concerning the Interpretation of the said Statutes, or of any Part, Sentence, or Word in the same, It is Ordained, That those five mentioned in the Founders Will, viz. The Lord Chancellor, the two Arch-Bishops, the Lord Precedent of the College of Justice, the Lord Advocate to His Majesty of this Realm of Scotland for the time being, shall have sole and whole Power to Interpret the same, and to Determine all Controversies arising about the Interpretation of the same. So that whatsoever any three of these five met together, and all Parties Interessed being convened, shall Judicially or Extra-Judicially declare in their Consciences, to come nearest the true Meaning of these Statutes, That, and nothing but That, shall be taken for the true Meaning of the same, and in all Points, without further Scruple be observed and followed. And that these Statutes may never be concealed, there shall be one true Copy of them for ever kept, and Registrated in the Books of Session, one in the Register of the Council of Edinburgh, one in the Register Office of the said Hospital, and more in other Places needful, if any shall be thought upon, that so any Party Interessed in them, may have open and free Recourse unto them. CHAP. XXIII. CONCLUSIO. AND, now finally, I the Unworthy Servant of GOD, Walter Balcanqual the Composer of these Statutes, do Onerate and Charge the Consciences of you the Lord Provost, the Magistrates, the Ministry, and Council of the City of Edinburgh, and of all those who shall be your Successors, unto the second coming of the Son of GOD, and that by the Bowels of our Lord JESUS CHRIST, who one day will come to Judge the Quick and the Dead, and take a particular account of every one of you for this particular Stewardship, wherewith you are trusted, by the Zeal and Honour of our Reformed Religion, which by this Pious Work of the Founder, is Illustrated and Vindicated from the Calumnies of the Adversaries to our Holy Profession, by that Pious Respect which you his Fellow-Citizens ought to carry to the Pious Memory, and last Will of of the Religious Founder, your Worthy Citizen George Heriot. And lastly, For the Clearing of your own Consciences, and your own particular Accounts in that great Day of the LORD, let none of you who Read these Presents, nor your Successors, who in after Ages shall come to Read them, offer to Frustrate the Pious Founder of his Holy Intention, either by taking directly or indirectly from this Hospital, any thing which he in his Piety hath Doted unto it, or by altering of it, or bestowing it upon any other use, though you shall conceive it to be far more Pious, or Profitable; Or to go about to alter any of these Statutes and Ordinances, after they shall be once delivered up unto you, completely Subscribed and Sealed, as you will answer the contrary, at the uttermost of your Perils, in the Day of the Lord JESUS, to whom, (being fully assured of your Godly Care, and Zealous Conscience in these particulars,) with His Father, and the Holy Ghost, Three Persons, but One undivided Essence of the Godhead, as for all other Their Blessings, so in particular, for the great Charity of this most Pious and Religious Founder, be Ascribed, as is most due, all Praise, Honour and Glory from Age to Age. AMEN. EGO Gualterus Balcanqual S. S. Theologiae Doctor Ecclesiae Cathedralis Roffensis Decanus; Civis Edinburgenus natus & juratus; Pientissimi viri Gualteri Balcanqual Civitatis Edinburgenae circiter quadraginta tres annos Pastoris vigilantissimi filius; potestate ad id mihi facta ex Testamento & Codicillo clarissimi optimique Viri Georgii Heriot Gemmarii Regii, Trado Clarissimis, Reverendissimis, Spectetissimis viris, D. D. Praefecto, Balivis, Pastoribus, reliquisque Senatoribus Edinburgenis Ordinariis, Statuta haec viginti tribus capitibus comprehensa, observanda, habendaque in perpetuum, pro Statutis seu Ordinationibis illis in Testamento & Codicillo Georgii Heriot commemoratis, reservatis mihi-met semper cunctis & singulis, qua per Statuta haec reservantur: Ita est quod Syngrapha & Sigillo meo ratum esse jubeo, Gualterus Balcanqual. Locus Sigilli. Edinburgi 13 Julii, anno post Incarnatum Redemptorem, 1627. annoque regni Domini nostri Caroli primi, tertio. A List of the CHAPTERS. Chap. 1. OF the Name of the Hospital. Page 5 Chap. 2. Of the Foundator of the Hospital. Page 6 Chap. 3. Of the Governors of the Hospital. Page 8 Chap. 4. Of those things which generally concerns the Elections, and the Affairs of the Hospital. Page 10 Chap. 5. Of the Election and Office of the Thesaurer. Page 12 Chap. 6. Of the Election and Office of the Auditors. Page 15 Chap. 7. Of the Election and Office of the Clerk. Page 19 Chap. 8. Of the Seal of the Hospital. Page 20 Chap. 9 Of the Election and Office of the Master. Page 22 Chap. 10. Of what follows the Election of the Master. Page 25 Chap. 11. Of the Removal or Chastisement of the Master, where it's needful. Page 27 Chap. 12. Of the Election and Office of the Schoolmaster. Page 30 Chap. 13. Of the Election of the Scholars. Page 31 Chap. 14. Of the Election and Office of the Butler. Page 35 Chap. 15. Of the Election and Office of the Cook. Page 36 Chap. 16. Of the Election and Office of the Caterer. Page 36 Chap. 17. Of the Election and Office of the Porter. Page 37 Chap. 18. Of the Election and Office of the Gardener. Page 38 Chap. 19 Of the Election and Office of the Women. Page 39 Chap. 20. Of the Election and Offices of the Physician, Apothecary, and Chirurgeon Barber. Page 41 Chap. 21. Of such things as concerns the Hospital in General. Page 42 Chap. 22. Of such things as was reserved to the Compiler. Page 46 Chap. 23. The Conclusion. Page 51 FINIS.