THE SIXTH AND LAST WILL OF CECIL JOHN RHODES
The Will is arranged in forty-two clauses, followed by four codicils. As
it is the intention here to deal only with those provisions which bear
directly upon the Rhodes Scholarships or Oxford, it would seem natural
to omit all other articles; but, for the sake of giving a comprehensive
view of this remarkable document, it has seemed preferable to follow the
regular order of the clauses, inserting summaries of those which are
irrelevant to our subject.
The quotations in the following pages are made from a copy (in the
Bodleian Library, Oxford) of the full text of the Will as published by
Hollams, Sons, Coward and Hawksley.
Thick Clarendon type has been used to indicate exact quotation of
the text, while the use of ordinary type enclosed in [ ]s indicates
summarizing or abridgement.
The designation of the clauses or articles by Arabic numerals is exactly
as they occur in the text. The Roman numerals have been arbitrarily
inserted to indicate topical divisions.[8]
WILL AND CODICILS OF THE RIGHT HONOURABLE CECIL JOHN RHODES.
Will dated 1st July, 1899.
Codicils of January, 1901.
Codicil of 11th October, 1901.
Codicil of January 18th, 1902.
Codicil of 12th March, 1902.
Testator died 26th March, 1902.
Hollams, Sons, Coward and Hawksley
30, Mincing Lane, E.C.
(London).
[THE WILL.]
I the Right Honourable Cecil John Rhodes of Cape Town in the Colony
of the Cape of Good Hope hereby revoke all testamentary dispositions
heretofore made by me and declare this to be my last Will which I make
this 1st day of July 1899.
I.
1. I am a natural-born British subject and I now declare that I have
adopted and acquired and hereby adopt and acquire and intend to retain
Rhodesia as my domicile.
2. I appoint the Right Honourable Archibald Philip Earl of Rosebery K.G.
K.T. the Right Honourable Henry George Earl Grey Alfred Beit[9] (...)
William Thomas Stead[9] (...) Lewis Lloyd Michell[9] (...) and Bourchier
Francis Hawksley[9] (...) to be my Executors and the Trustees of my Will
and they and the survivors of them or other the Trustees for the time
being of my Will and hereinafter my Trustees.
Articles 3, 4, 5, 6, 7, 8, 9, 10, 11
[give directions and instructions for the burial of Rhodes’s body at
Matoppos in Rhodesia; the disposal of certain small legacies; the
erection of a monument to the men who fell in the first Matabele War
at Shangani in Rhodesia; the disposition of certain properties in
Rhodesia; the disposition of certain moneys to provide for the Matoppos,
the Bulawayo, and the Inyanga ‘Funds’, experimental farming and the
establishment and maintenance of an Agricultural College, and the
management of certain estates.]
II.
[BEQUESTS TO ORIEL COLLEGE, OXFORD.]
12. I give the sum of £100,000 ... to my old college Oriel College in the
University of Oxford ... and I direct that the sum of £40,000 part of the
said sum of £100,000 shall be applied in the first place in the erection
of (the said) new College buildings and that the remainder of such sum of
£40,000 shall be held as a fund by the income whereof the aforesaid loss
to the College[10] revenue shall so far as possible be made good.
And ... I direct that the sum of £40,000 further part of the said sum of
£100,000 shall be held as a fund by the income whereof the income of such
of the resident Fellows of the College as work for the honour and dignity
of the College shall be increased.
And I further direct that the sum of £10,000 ... shall be held as a fund
by the income whereof the dignity and comfort of the High Table[11] may
be maintained by which means the dignity and comfort of the resident
Fellows may be increased.
And I further direct that the sum of £10,000 ... shall be held as a
repair fund the income whereof shall be expended in maintaining and
repairing the College buildings.
[This portion of the Will is concluded with advice to the College
authorities that they consult the Rhodes Trustees as to the investment
and handling of these various funds.]
III.
Articles 13, 14, 15
[provide for the disposition and maintenance of De Groote Schuur,
Rhodes’s South African residence, directing that it be left as a
residence for the Prime Minister for the time being of the Federated
Government of the States of South Africa, and that certain of the
expenses of its maintenance be paid from the income of the estate.]
IV.
[THE SCHOLARSHIPS AT OXFORD.]
16. Whereas I consider that the education of young Colonists at one of
the Universities in the United Kingdom is of great advantage to them for
giving breadth to their views for their instruction in life and manners
and for instilling into their minds the advantage to the Colonies as well
as to the United Kingdom of the retention of the unity of the Empire And
whereas in the case of young Colonists studying at a University in the
United Kingdom I attach very great importance to the University having a
residential system such as is in force at the Universities of Oxford and
Cambridge for without it those students are at the most critical period
of their lives left without any supervision And whereas there are at
the present time 50 or more students from South Africa studying at the
University of Edinburgh many of whom are attracted there by its excellent
medical school and I should like to establish some of the Scholarships
hereinafter mentioned in that University but owing to its not having
such a residential system as aforesaid I feel obliged to refrain from
doing so And whereas my own University the University of Oxford has such
a system and I suggest that it should try and extend its scope so as
if possible to make its medical school at least as good as that at the
University of Edinburgh And whereas I also desire to encourage and foster
an appreciation of the advantages which I implicitly believe will result
from the union of the English-speaking peoples throughout the world and
to encourage in the students from the United States of North America who
will benefit from the American Scholarships to be established for the
reason above given at the University of Oxford under this my Will an
attachment to the country from which they have sprung but without I hope
withdrawing them or their sympathies from the land of their adoption or
birth Now therefore I direct my Trustees as soon as may be after my death
and either simultaneously or gradually as they shall find convenient and
if gradually then in such order as they shall think fit to establish for
male students the scholarships hereinafter directed to be established
each of which shall be of yearly value of £300 and be tenable at any
College in the University of Oxford for three consecutive academical
years.
17. I direct my Trustees to establish certain Scholarships and these
Scholarships I sometimes hereinafter refer to as ‘the Colonial
Scholarships’.
18. The appropriation of the Colonial Scholarships and the numbers to be
annually filled up shall be in accordance with the following table:—
---------+-----------------------------------------+--------------
Total | | No. of
No. | To be tenable by Students of or from[12]| Scholarships
appro- | | to be filled
priated | | each year
---------+-----------------------------------------+--------------
| |
9 | Rhodesia | 3 and no more
3 | The South African College School |
| in the Colony of Cape of Good Hope | 1 and no more
3 | The Stellenbosch College School |
| in the same Colony | 1 and no more
3 | The Diocesan College School of |
| Rondebosch in the same Colony | 1 and no more
3 | St. Andrews College School |
| Grahamstown in the same Colony | 1 and no more
3 | The Colony of Natal | 1 and no more
3 | The Colony of New South Wales | 1 and no more
3 | The Colony of Victoria | 1 and no more
3 | The Colony of South Australia | 1 and no more
3 | The Colony of Queensland | 1 and no more
3 | The Colony of Western Australia | 1 and no more
3 | The Colony of Tasmania | 1 and no more
3 | The Colony of New Zealand | 1 and no more
3 | The Province of Ontario in the |
| Dominion of Canada | 1 and no more
3 | The Province of Quebec in the |
| Dominion of Canada | 1 and no more
3 | The Colony or Island of Newfoundland |
| and its Dependencies | 1 and no more
3 | The Colony or Islands of the Bermudas | 1 and no more
3 | The Colony or Island of Jamaica | 1 and no more
---------+-----------------------------------------+--------------
19. I further direct my Trustees to establish additional Scholarships
sufficient in number for the appropriation in the next following clause
hereof directed and those Scholarships I sometimes hereinafter refer to
as ‘the American Scholarships’.
20. I appropriate two of the American Scholarships to each of the
present States and Territories of the United States of North America
provided that if any of the said Territories shall in my lifetime be
admitted as a State the Scholarships appropriated to such Territory
shall be appropriated to such State and that my Trustees may in their
uncontrolled discretion withhold for such time as they shall think fit
the appropriation of Scholarships to any Territory.
21. I direct that of the two Scholarships appropriated to a State or
Territory not more than one shall be filled up in any year so that at
no time shall more than two Scholarships be held for the same State or
Territory.
22. The Scholarships shall be paid only out of income and in the event
at any time of income being insufficient for payment in full of all
the Scholarships for the time being payable I direct that (without
prejudice to the vested interests of holders for the time being of
Scholarships) the following order of priority shall regulate the payment
of Scholarships.
[Provided that:—
Scholarships shall be paid of (i) students from Rhodesia, (ii) of
students from the South African Stellenbosch, Rondebosch, and St. Andrews
School, (iii) of students from the other British Colonies, (iv) of
students holding the American Scholarships.
Articles 23, 24, 25, which dealt with the qualities of _candidates and
methods of selection_, were replaced by clauses in the Codicil of Oct.
11, 1901. See p. 18.]
26. A qualified student who has been elected as aforesaid shall within
six calendar months after his election or as soon thereafter as he can
be admitted into residence or within such extended time as my Trustees
shall allow commence residence as an undergraduate at some College in the
University of Oxford.
27. The Scholarship shall be payable to him from the time when he shall
commence such residence.
28. I desire that the Scholars holding the Scholarships shall be
distributed amongst the Colleges of the University of Oxford and not
resort in undue numbers to one or more Colleges only.
29. Notwithstanding anything hereinbefore contained my Trustees may in
their uncontrolled discretion suspend for such time as they shall think
fit or remove any Scholar from his Scholarship.
Article 30
[gives the Trustees authority to _make vary or repeal_ regulations
general or particular with regard to (i) the election of qualified
students and the methods by which qualifications are to be ascertained,
(ii) the tenure of Scholarships, (iii) suspension and removal of
Scholars, (iv) payment of scholarships, (v) the method for giving effect
to clause 28, (vi) any other matter which they may think necessary with
regard to the Scholarships.]
Articles 31, 32
[continue specifications as to the authority of the Trustees.]
33. No regulations made under clause 30 or made and approved of under
clauses 31 and 32 hereof shall be inconsistent with any of the provisions
herein contained.
34. In order that the Scholars past and present may have opportunities of
meeting and discussing their experiences and prospects I desire that my
Trustees shall annually give a dinner to the past and present Scholars
able and willing to attend at which I hope my Trustees or some of them
will be able to be present and to which they will I hope from time to
time invite as guests persons who have shown sympathy with the views
expressed by me in this Will.
Article 35
[leaves the Trustees free to “set apart out of my estate such a
Scholarship fund ... as they shall consider sufficient by its income to
pay the Scholarships and in addition a yearly sum of £1,000”.]
Articles 36, 37
[leave the Trustees free to invest the Scholarship fund as they shall “in
their uncontrolled discretion” see fit.]
Article 38
[provides for the establishment of “further Scholarships”—“for students
of such British Colonies or Dependencies” as the Trustees shall
see fit—such Scholarships to “correspond in all respects with the
Scholarships hereinbefore directed”.]
39. Until the Scholarship fund shall have been set apart as aforesaid
I charge the same and the Scholarships upon the residue of my real and
personal estate.
40. I give the residue of my real and personal estate unto such of them
the said Earl of Rosebery Earl Grey Alfred Beit William Stead Lewis Lloyd
Michell and Bourchier Francis Hawksley as shall be living at my death
absolutely and if more than one as joint tenants.
41. [Trustees may employ a Secretary or Agent to transact all business
required to be done by the Trust.]
42. My intention is that there shall always be at least three Trustees
of my Will so far as it relates to the Scholarship Trusts and therefore
I direct that whenever there shall be less than three Trustees a new
Trustee or new Trustees shall be forthwith appointed.
In witness whereof I have hereunto set my hand the day and year first
above written.
Signed (...) C. J. Rhodes.
(Witnesses)
Charles T. Metcalfe,
P. Jourdan,
Arthur Sawyer.
_CODICILS._
I. ‘Jan. 1900.’ Really Jan., 1901.
(1.) A Codicil added by Rhodes revoking the appointment of Mr. Stead as
one of his executors. (See Clause 2, p. 10.)
(Witnesses)
Lewis L. Michell.
H. Godder.
[Sidenote: German Scholarships.]
(2.) This is a further Codicil to my Will. I note the German Emperor
has made instruction in English compulsory in German schools. I leave
five yearly Scholarships at Oxford of £250 per annum to students of
German birth the Scholars to be nominated by the German Emperor for the
time being. Each Scholarship to continue for three years so that each
year after the first three there will be fifteen Scholars. The object
is that an understanding between the three great Powers will render war
impossible and educational relations make the strongest tie.
C. J. Rhodes.
America has already been provided for. C. J. R.
(Witnesses)
C. V. Webb.
W. G. V. Carter.
(3.) [Endorsed on back of above.]
A yearly amount should be put in British Consols to provide for the
bequests in my Will when the Diamond Mine works out; the above is an
instruction to the Trustees of my Will.
C. J. R.
(4.) [Provisions for certain Inyange farms.]
II. Oct. 11, 1901.
I appoint the Right Honourable Alfred Lord Milner to be an Executor
and Trustee of my said Will ... in all respects as though he had been
originally appointed (...) I revoke clauses 23, 24 and 25 of my said Will
and in lieu thereof substitute the three following clauses which I direct
shall be read as though originally clauses 23, 24 and 25 of my said Will:—
23. My desire being that the students who shall be elected to the
Scholarships shall not be merely bookworms I direct that in the election
of a student to a Scholarship regard shall be had to:—
(i) his literary and scholastic attainments.
(ii) his fondness for and success in manly outdoor sports such as cricket
football and the like.
(iii) his qualities of manhood truth courage devotion to duty sympathy
for and protection of the weak kindliness unselfishness and fellowship and
(iv) his exhibition during school days of moral force of character and of
instincts to lead and to take an interest in his schoolmates for those
latter attributes will be likely in after life to guide him to esteem the
performance of public duty his highest aim.
As mere suggestions for the guidance of those who will have the choice
of students for the Scholarships I record that (i) my ideal qualified
student would combine these four qualifications in the proportions of
3/10 for the first 2/10 for the second 3/10 for the third and 2/10 for
the fourth qualification[13] so that according to my ideas if the maximum
number of marks for any Scholarship were 200 they would be apportioned as
follows—60 to each of the first and third qualifications and 40 to each
of the second and fourth qualifications. (ii) The marks for the several
qualifications would be awarded independently as follows (that is to say)
the marks for the first qualification by examination for the second and
third qualifications respectively by ballot by the fellow students of the
candidates and for the fourth qualification by the head-master of the
candidate’s school. (iii) The results of the awards (that is to say the
marks obtained by each candidate for each qualification) would be sent
as soon as possible for consideration to the Trustees or to some person
or persons appointed to receive the same and the person or persons so
appointed would ascertain by averaging the marks in blocks of 20 marks
each of all candidates the best ideal qualified students.[14]
24.[15] No student shall be qualified or disqualified for election to a
Scholarship on account of his race or religious opinions.
25.[16] Except in the cases of the four schools hereinbefore mentioned.
[The four South African Colleges. See Clause 18.]
The election to Scholarships shall be by the Trustees after such (if any)
consultation as they shall think fit with the Minister having control of
education in such Colony, Province, State or Territory.
Signed (...) C. J. Rhodes.
Witnesses:
George Frost.
Frank Brown.
III. Jan. 18, 1902.
[This codicil deals chiefly with the disposition of various properties
and of the Dalham Hall estate in England.]
IV. Mar. 12, 1902.
I make Dr. Jameson one of the Trustees of my Will with the same rights as
Lord Milner Lord Rosebery Mr. Michell Lord Grey Mr. Beit and Mr. Hawksley.
C. J. Rhodes.
Witnesses:
G. J. Krieger.
A. Helaler.
Hollams, Sons, Coward and Hawksley,
30, Mincing Lane,
E.C.
[The Trustees at present are as follows:—The Earl of Rosebery, Earl Grey,
Lord Milner, Sir Lewis Lloyd Michell, Bourchier Francis Hawksley, Dr.
Jameson.]