STATUTE I. The Name and Deſignation of the Ho⯑ſpital.

THIS Charitable Foundation ſhall be called the MAIDEN HOSPITAL, founded by the COMPANY of MER⯑CHANTS of EDINBURGH, and MARY ERSKINE; and, in all rights and wri⯑tings of importance, in which the Ho⯑ſpital is concerned, it ſhall be deſcri⯑bed by this deſignation, and no other.

STATUTE II. The Governours of the Hoſpital.

THE Management and Admini⯑ſtration of the affairs of the Ho⯑ſpital, and of all the Funds thereof, ſhall be in the following Council of Go⯑vernours, viz. the four Old Bailies, and Old Dean of Guild, who ſerve as ſuch in the Town Council of Edinburgh; three Miniſters of the Goſpel of Edin⯑burgh or Suburbs, to be elected by the Miniſters thereof; the Maſter of the Merchant Company of Edinburgh; three Aſſiſtants of the ſaid Company to be e⯑lected by the Maſter, Aſſiſtants, and Treaſurer thereof; and nine others, who have been Maſters, Aſſiſtants, or Treaſurers of the Company, or Bene⯑factors to the Hoſpital, to be elected by a General Meeting of the ſaid Com⯑pany; the Treaſurer of the Hoſpital, while he ſerves, without fee or ſalary; [10]and, on account of the pious and cha⯑ritable MARY ERSKINE, two of the name of ERSKINE to be elected and preſented yearly, in terms of the con⯑tract with her, making in all twenty-four Governours.

The Maſter of the Merchant Com⯑pany to be the Ordinary Preſes.

Which twenty-four ſhall be perpetual Governours of the Hoſpital, for mana⯑ging and directing all its affairs, with power and authority to chooſe and ap⯑point a Governeſs, School-miſtreſſes, and ſuch officers and ſervants as may be neceſſary for education of the children and ſervice of the Houſe, and to diſ⯑miſs them when they ſhall ſee cauſe; to elect the children who are to be ad⯑mitted into the Hoſpital, and expell them for miſbehaviour; to regulate the diet of the family, and to ſettle and di⯑rect the government thereof; with power alſo to make rules and bye-laws for the better adminiſtration and con⯑ducting the buſineſs of the Hoſpital, [11]ſuch rules being no way inconſiſtent with the ſtatutes now ordained.

STATUTE III. The Election of Governours.

UPON the third Monday of Octo⯑ber yearly, the ſeveral Societies who have a right to elect Governours, as in the preceding ſtatute, ſhall chooſe the reſpective number of perſons afore⯑ſaid, and a liſt of their names ſhall be given in by the clerk of the Hoſpital, on the laſt Monday of October, at a meeting of the Governours for the pre⯑ceding year.

In reſpect the old magiſtrates com⯑mence their ſerving as ſuch, and are exauctorated before the laſt Monday of October, and that the annual election of office-men of the Merchant Company is ſome ſpace of time before ſaid day, it is provided, that they who ſerved the [12]preceding year ſhall continue Gover⯑nours until the laſt Monday of October yearly.

But none of the perſons choſen Go⯑vernours, as above mentioned, ſhall en⯑ter on the adminiſtration, or have any voice or intereſt in the concerns of the Hoſpital, until he or they ſolemnly ſwear the following oath.

‘"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 election of the officers and children, or any thing elſe, belonging to the Maiden Hoſpi⯑tal, founded by the Company of Mer⯑chants of Edinburgh and Mary Er⯑ſkine, truly and honeſtly; and, if I know any perſon going about to de⯑fraud or prejudge the ſaid pious work, I ſhall obſtruct it to my power, and reveal it to the Governours."’

After which, ſuch of the former Go⯑vernours as are not continued, ſhall be honourably diſmiſſed.

Then the Preſes ſhall exhort the new Governours to make conſcience of their duty in the government of the Hoſpi⯑tal, and, for that purpoſe, regularly to attend the quarterly and other Meet⯑ings, and to viſit the Hoſpital during the months appointed them; and one of the miniſters preſent ſhall exhort the Children, the Governeſs, the Miſtreſſes, and others, having charge of the edu⯑cation of the young people in the Ho⯑ſpital, to attend to their reſpective du⯑ties, faithfully as in the ſight of God.

STATUTE IV. The Meetings and Quorum of the Go⯑vernours.

FOR the management of the Ho⯑ſpital, and the adminiſtration of all its affairs, there ſhall be ſeven ſtated [14]Meetings of the Governours yearly, viz. Quarterly Meetings on the third Mon⯑days of January, April, July, and Octo⯑ber; the laſt Monday of October for paſſing the Treaſurer's annual accounts, and receiving the new Governours; and the laſt Mondays of November and May for electing girls into the Hoſpital. But the Preſes, and, in his abſence, the Treaſurer, may call other Meetings, as often as the buſineſs of the Hoſpital ſhall require.

No Meeting of the Governours can proceed to buſineſs, unleſs there ſhall be preſent at leaſt eight of their num⯑ber, including the Preſes, who are de⯑clared to be a quorum. In abſence of the Ordinary Preſes, the Old Dean of Guild ſhall preſide; in his abſence, the firſt of the Old Bailies; in abſence of all theſe, a Preſes ſhall be choſen for the time; and, whatever ſhall be concluded on by a majority of thoſe preſent, ſhall ſtand in full force; the Preſes to have [15]the firſt, and, in caſe of an equality of voices, a caſting vote.

All Meetings of the Governours for the buſineſs of the Hoſpital, Commit⯑tees excepted, ſhall be held in the Hall appointed for the Governours, unleſs unavoidably impeded. And all the Go⯑vernours ſhall be warned to every Meeting by the Officer of the Merchant Company, who is to ſerve as Officer to the Hoſpital, by delivering a billet at each of their dwelling-houſes the day before the Meeting at lateſt. He ſhall be paid by the Treaſurer the quarterly ſum of [...]

STATUTE V. The Election and Duty of Treaſurer.

ON the third Monday of October yearly, the Governours of the Ho⯑ſpital ſhall chooſe a ſufficient Merchant in Edinburgh to be Treaſurer of the [16]Hoſpital for one year; but he may be continued for two or more years, if the Governours think fit to elect him of new yearly. Before he is admitted to the exerciſe of his office, he ſhall ſolemnly ſwear the oath following:

‘"I A. B. elected Treaſurer to the Maiden Hoſpital, founded by the Company of Merchants in Edinburgh and Mary 'Erſkine, do ſwear, and faithfully promiſe, with my beſt ſkill and power, to diſcharge all that is re⯑quired of me by the Statutes of the ſaid Hoſpital, truly and honeſtly. So help me God."’

The Treaſurer's office is to receive all the Hoſpital's rents, and intereſt of money; to keep all the ſtock and mo⯑ney belonging to the Hoſpital; and to uplift and re-employ principal ſums, as directed by the Governours; to pay all wages and ſalaries due from the Hoſpi⯑tal; to provide and pay all neceſſaries [17]for the Children and the Houſe; to fur⯑niſh the Governeſs with money for buy⯑ing proviſions, and to take in her ac⯑count thereof monthly; to attend to the repairs of the building; to obſerve the conduct of the Governeſs, Miſtreſſes, and Servants; and, if neceſſary, re⯑port his opinion thereof to the Gover⯑nours of the Hoſpital.

He ſhall make out the accounts of his payments quarterly, fairly written in a book, which he ſhall deliver to the Auditors, ſo as they may examine the accounts, and, with their reports, lay them before the Governours at the Quarterly Meetings, for approbation, and to be allowed in his Annual Ac⯑count. He ſhall alſo make out and de⯑liver to the Auditors the whole Account of his year's intromiſſions with the Stock and Revenue of the Hoſpital, to be exa⯑mined and reported by them to the Governours, at their meeting on the laſt Monday of October; and, after that Account and Report are approved by [18]the Governours, they ſhall diſcharge the Treaſurer of his intromiſſions, the Account and Report ſhall be fully co⯑pied into the record of the Treaſurer's Accounts, and, in caſe of a change, ſigned by the Treaſurer accounting, and his ſucceſſor in office; the diſcharged Account to remain with the Old Trea⯑ſurer for his exoneration. The Gover⯑nours ſhall finiſh their approbation of ſaid Account before the admiſſion of their Succeſſors, that the Treaſurer's Accounts may be judged by thoſe who knew how he has acted. At his remo⯑val, he ſhall deliver up to the ſucceed⯑ing Treaſurer all the Accounts and Pa⯑pers belonging to his office, together with all the Rights and Writings of e⯑very ſort that belong to, or any way concern the Hoſpital; of which Wri⯑tings and Papers two inventories ſhall be made and ſigned by the Old and New Treaſurers, one to be kept by each of them.

If the Treaſurer ſhall die, or be re⯑moved, before the annual expiration of his office, the Governours ſhall, within a month after his death, or removal, elect another, according to the terms of this Statute.

STATUTE VI. The Election and Duty of Auditors.

ON the laſt Monday of October yearly, the new Governours of the Hoſpital ſhall chooſe four Audi⯑tors of the Treaſurer's and all other Accounts which concern the Hoſpital; of which Auditors, one ſhall be an old magiſtrate, one a miniſter, and two o⯑thers, all Governours for the time, who ſhall take the ſame oath as the Treaſu⯑rer, mutatis mutandis; and, if any one of them ſhall not accept, or happen to die, the Governours, at their firſt meeting [20]thereafter, ſhall elect onother in his ſtead.

The Auditors, or any two of them, ſhall examine the Treaſurer's Quarter⯑ly Accounts at the end of every quar⯑ter, and deliver to the Governours, at each Quarterly Meeting, the Account for the three laſt months, written in a Book, containing all the particular ſums paid during that time, with their report thereon ſubſcribed, which ſhall be publicly read, the Account either comptrolled or allowed, and the appro⯑bation thereof ſigned by the Preſes and Clerk, with theſe words: 'By order of the Governours.' On the laſt Monday of October yearly, the Audi⯑tors ſhall deliver to the Governours in Council the Account of the Treaſurer's intromiſſions for the whole preceding year, with their report thereon, which ſhall be read publicly, and the Account comptrolled or allowed, as the Quarterly Accounts. The benefactors to the Ho⯑ſpital, their heirs and repreſentatives, [21]may, if they pleaſe, be preſent at audi⯑ting the Treaſurer's Accounts.

STATUTE VII. The Election, Office, and Duty of a Clerk.

THE Clerk of the Hoſpital ſhall be choſen by the Governours, and continue in office during their pleaſure only. His office and duty is to keep in order all the Writings and Papers be⯑longing to the Hoſpital, to attend the Governours at their meetings, to minute their ſederunts, to draw their orders and reſolutions, and to keep a clear and diſtinct record or digeſt of all their pro⯑ceedings, marking down in the margin of each ſederunt every thing material done at the meeting. He ſhall have the benefit of drawing all manner of ſecurities and writings which ſhall occur in the courſe of the buſineſs, and ſhall [22]receive no greater fee than is uſually paid to the writers to the ſignet, or town clerks of Edinburgh, in like caſes. Before his admiſſion to the office, he ſhall take the oath de fideli, the ſame as the Treaſurer. Upon his death or re⯑moval, the Governours ſhall proceed within a month to the election of ano⯑ther Clerk, in terms of this Statute. He ſhall be paid quarterly the ſum of [...]

STATUTE VIII. The Election, Qualifications, Charge, and Duty of Governeſs.

AN unmarried woman of good cha⯑racter, and of the eſtabliſhed re⯑ligion of the country, ſhall be choſen Governeſs of the Hoſpital. She muſt be free of the burden of Children, not under thirty-five, nor above fifty years of age, and well qualified for all the duties of the office. She ſhall have the [23]charge and ſuperintendance of the whole houſe and family, and be ac⯑countable for her management to the Governours. In this ſhe ſhall ſtrictly ob⯑ſerve the Rules for the government and order of the Houſe appointed by the Governours of the Hoſpital the twenty-ſeventh day of May ſeventeen hun⯑dred and ſeventy-ſix, or ſuch other Rules as they ſhall afterwards ordain. That, after conſidering the Statutes and Rules of the Hoſpital, a copy of which ſhall be previouſly given her, ſhe ſhall, in the preſence of the Governours, ſo⯑lemnly take the following oath:

‘"I A. B. elected Governeſs of the Maiden Hoſpital founded by the Com⯑pany of Merchants of Edinburgh and Mary Erſkine, do ſwear, and faithfully promiſe, before God, that, to the beſt of my power, I ſhall diſcharge all that the Statutes and Rules of the Hoſpi⯑tal require of me, and ſhall do my beſt to ſee them obſerved by all o⯑thers [24]under my care and inſpection; and I promiſe faithful obedience to the preſent Governours of the Hoſpital, and their ſucceſſors in office."’

After which, ſhe ſhall, in the pre⯑ſence of the Miſtreſſes, Children, and Servants, be publicly declared Gover⯑neſs over them, and they commanded to yield her all reſpectful obedience, on pain of being expelled the Hoſpital.

She having the whole charge of the Houſe committed to her, ſhall keep an exact Inventory of the houſehold fur⯑niture and linens, and deliver the ſame to the Treaſurer, before making up his annual Accounts. She ſhall be alſo careful to keep the furniture, with all the apartments of the houſe, neat, clean, and in good order, and ſhall not be any night out of the Hoſpital with⯑out leave of the Preſes, or the Treaſu⯑rer, or two of the Governours.

If, at any time, the Governeſs ſhall marry, her place ſhall thereby become [25]void. The Governour may alſo re⯑move her from her office at any time, and for any cauſe they think ſhe de⯑ſerves to be diſmiſſed. If, through in⯑firmity, old age, or otherwiſe, ſhe ſhall become unable to diſcharge her duty, which ſhall be made unqueſtionably to appear to the Governours, then ſhe ſhall be reſpectfully diſmiſſed from her office; but, if ſhe hath ſerved in it any conſiderable time, ten years at leaſt, and be not able to maintain herſelf, ſhe ſhall be allowed ſuitable lodging and maintenance in the Hoſpital during life, or, in the option of the Governours, ſuch an annual penſion, out of the Houſe, as they ſhall judge proper.

In caſe of a vacancy in this office, the Governours ſhall, with all convenient expedition, inquire after and elect a new Governeſs. She ſhall be paid quarterly the ſum of [...]

STATUTE IX. The Qualifications, Election, and Duty of the Schoolmiſtreſſes.

THERE ſhall be choſen as many Schoolmiſtreſſes as the Gover⯑nours think the number of girls in the Houſe require. They muſt be unmar⯑ried, free of the burden of children, not under twenty-five, nor above forty years of age, of good character, of the eſtabliſhed religion of the country, and well qualified for all the duties of their office. They ſhall teach the children to read, to ſew coloured and white ſeam, the waſhing and dreſſing of li⯑nens, and ſuch other parts of educa⯑tion as belong to their different depart⯑ments, and are pointed out to them by the Governours. They ſhall alſo have an eye over the morals and manners of the children, and correct thoſe under their care for their faults. They ſhall [27]be careful to ſee the ſchools and cham⯑bers kept clean, and in good order, and the children neat and clean in their per⯑ſons and clothes. They ſhall ſtrictly obſerve the Rules appointed by the Go⯑vernours for the management and or⯑der of the Houſe, and, in all the duties of their office, ſhall be ſubject to the di⯑rection of the Governeſs, to whom they muſt give a reſpectful obedience, and ſet an example thereof to the children and ſervants.

The Schoolmiſtreſſes may be diſmiſſed in the ſame manner as the Governeſs; and their office ſhall become void on marriage. In like manner, they may be rewarded for long and faithful ſervice, of twenty years at leaſt, if the Gover⯑nour ſhall think fit. On the marriage, diſmiſſion, or death of a Schoolmiſtreſs, the Governours ſhall inquire after and elect another with all proper expedition. Each Miſtreſs ſhall be paid quarterly the ſum of [...]

STATUTE X. A Maſter, or Maſters, to teach Writing and Arithmetic, Church Muſic, and Reading. A Chaplain, to ſay Pray⯑ers, and catechiſe the Children.

AS, from the increaſed number of girls now in the Houſe, it is found impracticable for the Governeſs or Miſtreſſes faithfully to diſcharge their reſpective duties, and, at the ſame time, to teach them to write and to caſt ac⯑compts, to ſing church-muſic, and to read with propriety, the Governours may therefore chooſe Maſters for theſe different branches of education, to at⯑tend at ſuch hours as they ſhall judge proper. The teacher of writing and a⯑rithmetic ſhall be paid quarterly the ſum of [...] and the teacher of church⯑muſic and reading the ſum of [...]

For the ſame reaſon, the Governours may chooſe a Chaplain regularly to ſay [29]prayers in the Hoſpital, and alſo to ca⯑techiſe and inſtruct the children in the principles of religion, in ſuch days, and at ſuch hours, as they ſhall appoint. He ſhall be paid quarterly the ſum of [...]

Neither the Teaching Maſters nor Chaplain ſhall reſide in the Hoſpital.

STATUTE XI. The Qualifications and Election of Poor Children.

THERE ſhall be choſen and ad⯑mitted into the Hoſpital ſo many Girls as the ſtated and certain revenue ſhall be able to maintain and educate, with the reſervation after provided. They ſhall be the children or grandchildren of ſuch who are or were merchants, burgeſſes of Edinburgh, or miniſters of Edinburgh, Canongate, Leith, or Weſt Church, or who have been Governours of, or be⯑nefactors [30]to the Hoſpital; reſerving to Patrons their right of preſenting any Girls who are objects of charity, un⯑leſs, by the patronage, it be otherwiſe reſtricted, providing they preſent with⯑in a year after every vacancy, other⯑wiſe the preſentation ſhall fall pro iſta vice, and the Governours may elect a Girl to ſupply the vacancy, qualified as above expreſſed.

It is provided, that no girls be choſen or preſented, either on patronage, or o⯑therwiſe, who are under ſeven, or above eleven years of age. They muſt be wholeſome, and ſound in body and mind at their entry to the Hoſpital; and, ſeeing the intention of this foun⯑dation is only to relieve the poor, none are to be choſen or admitted, until it is certified to the Governours that the pa⯑rents are unable to maintain them, or that the children have not whereupon to maintain themſelves; and the Go⯑vernours are ſtrictly required, on their conſciences, to chooſe none but ſuch as [31]are objects of this charity. It is alſo ſpecially recommended to the Gover⯑vours, not to receive into the Hoſpital a greater number of children than they can reaſonably ſuppoſe the ſtated and clear revenue will eaſily maintain and educate, after the reſervation of a cer⯑tain part thereof, to be added to ſtock, for incidental expences, and for build⯑ing a new Hoſpital, when found neceſ⯑ſary, as the preſent Houſe is very old.

The ordinary election of Girls ſhall be twice in the year, viz. the laſt Mon⯑days of November and May, when it is to be conſidered by the Governours what vacancies there are, and how ma⯑ny the certain and ſtated revenue of the Hoſpital, making a reſerve as above, is able to maintain, that ſo many, quali⯑fied as above expreſſed, may be choſen. They ſhall have lodging, diet, clothing, waſhing, and common fires allowed them, beſides education, ſuitable to the deſign of this charitable inſtitution.

The Girls may continue in the Ho⯑ſpital until they are ſeventeen years of age, and no longer; but, ſhould any of them be guilty of any immorality or miſbehaviour, or be diſobedient to the Miſtreſſes, they may be put out of the Hoſpital, if the Governours ſhall think they deſerve to be expelled.

It is appointed and declared, that the miniſters of Edinburgh, Canongate, Leith, and Weſt Church, who have been very inſtrumental in promoting the intereſt of the Hoſpital, and their ſucceſſors in office, ſhall jointly have the preſentation of two girls in all time coming; the one unlimited, the other limited to a daughter or grand-daughter of a merchant-burgeſs of Edinburgh, or miniſter of the church of Scotland. And it is likewiſe hereby declared, that the ſucceſſors of the worthy Mary Er⯑ſkine ſhall, in all time coming, have the preſentation of four girls, qualified in terms of the contract before mentioned.

STATUTE XII. For ſecuring the Stock and Eſtate, and ſafe keeping of Rights and Writings belonging to the Hoſpital.

IN reſpect frequent loſſes fall out in lending money, it is appointed that no money belonging to the Hoſpital ſhall be laid out or employed, but by warrant of the Governours, voted by way of balloting, and that either for purchaſing land, or on ſufficient heri⯑table bonds, or to the city of Edin⯑burgh, on the public ſecurity, or to two or more reſponſible perſons, bound, conjunctly and ſeverally, provided the ſum lent to them do not exceed five hundred pounds Sterling.

And that the rights, ſecurities, and other writings, may be ſafe, and kept in good order, it is appointed that they ſhall be lodged in the preſs now fitted [34]up, fire proof, in the New Hall of the Hoſpital.

STATUTE XIII. The Salaries due from the Hoſpital.

THE Salaries of the Clerk and Of⯑ficer, of the Governeſs, School⯑miſtreſſes, Teaching Maſters, and Chap⯑lain, payable quarterly, and left blank in the Statutes, ſhall be appointed and filled up by the Governours, after due conſide⯑ration and experience, of what may be ſuitable to be allowed for the time, which may be augmented or diminiſhed after⯑wards, as they ſhall ſee cauſe. And none bearing office, or ſerving in the Hoſpital, ſhall take any gift or perqui⯑ſite from the children, their parents, or friends, on pain of deprivation.

STATUTE XIV. Power reſerved to the Contributors for reviſing and altering the Statutes.

FOR the better eſtabliſhing and im⯑proving the government of the Hoſpital, it ſhall be lawful for the do⯑nors and contributors, their heirs and repreſentatives, to meet by themſelves or proxies, in the Hall of the Hoſpital, as often as they ſhall find it neceſſary, or be deſired by the Governours, for the purpoſe of reviſing or altering the Statutes, there being always preſent at ſuch meetings at leaſt fifteen donors and contributors, whoſe donations and mor⯑tifications amount to twenty thouſand pounds Scots; and it ſhall be lawful for them to reconſider the foreſaid Sta⯑tutes and Rules, and alter or innovate the ſame, or add thereto, as they ſhall judge proper, keeping always the origi⯑nal purpoſes of the Inſtitution in view; [36]and the articles agreed on between the Governours and Mary Erſkine, con⯑tained in the contract before mention⯑ed; providing that ſuch alterations, in⯑novations, or additions, be agreed to by at leaſt two thirds of the perſons pre⯑ſent, and ſubſcribed by them. And, in caſe, at any of the ſaid meetings, there ſhall not be a full quorum, as above mentioned, it ſhall be lawful to ſuch as have met to adjourn from time to time, until they get a full quorum, and pro⯑ceed as above.

And it is further ordained, that it ſhall be competent to the donors and contributors, or one appointed by them, to inſpect the accounts and manage⯑ment of the Hoſpital; and, for that purpoſe, the neceſſary accounts and pa⯑pers ſhall lie open to their inſpection on the firſt Monday of November yearly, from the hour of ten in the morning to two o'clock afternoon, in the Hall of the Hoſpital.