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.
Transcriber’s Note: The words ‘Thick Clarendon type’ will appear in the ‘Clarendon Bold’ font if you have it. If they don’t look any different from the rest of the paragraph, consider installing that font to get the full experience!
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]
Testator died 26th March, 1902.
Hollams, Sons, Coward and Hawksley
30, Mincing Lane, E.C.
(London).
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.
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.]
[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.]
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.]
[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. appropriated | To be tenable by Students of or from[12] | No. of Scholarships to be filled 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)
(1.) A Codicil added by Rhodes revoking the appointment of Mr. Stead as one of his executors. (See Clause 2, p. 10.)
(Witnesses)
(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)
(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.]
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:
[This codicil deals chiefly with the disposition of various properties and of the Dalham Hall estate in England.]
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:
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.]