Mr. Wilson, Mr. Davenport, Mr. Welde, Mr. Shepard, and Mr. Peters; these, or the greater part of them, whereof Mr. Winthrop, Mr. Dudley, or Mr. Bellingham to be always one, to take order for a college at Newtown.' [At a court, holden the 13th of the 1st month (March), 1638-39.] It is ordered, that the college agreed upon formerly to be built at Cambridge shall be called Harvard College.2 [At a court, holden the 7th day of the 8th month (October), 1640.] The ferry between Boston and Charlestown is granted to the college.3 Concerning the change of the name of Newtown to Cambridge and the naming of the college President Quincy writes: The name of the town was soon after changed to Cambridge, a grateful tribute to the transatlantic literary parent of many of the first emigrants and indicative of the high destiny to which they intended the institution should aspire. In the year 1638, while they were only contemplating its commencement, John Harvard, a dissenting clergyman of England, resident at Charlestown, died, and bequeathed one-half of his whole property and his entire library to the institution. An instance of benevolence thus striking and timely, proceeding from one who had been scarcely a year in the country, was accepted by our fathers as an omen of Divine favor. With prayer and thanksgiving they immediately commenced the seminary, and conferred upon it the name of Harvard.* THE ACT ESTABLISHING THE OVERSEERS OF HARVARD COLLEGE. [At a general court, held in Boston in the year 1642.] Whereas through the good hand of God upon us there is a college founded in Cambridge, in the county of Middlesex, called Harvard College, for the encouragement whereof this court has given the sum of four hundred pounds, and also the revenue of the ferry betwixt Charlestown and Boston, and that the well ordering and managing of the said college is of great concernment: It is therefore ordered by this court, and the authority thereof, That the governor and deputy governor for the time being, and all the magistrates of this jurisdiction, together with the teaching elders of the six next adjoining towns, viz, Cambridge, Watertown, Charlestown, Boston, Roxbury, and Dorchester, and the president of the said college for the time being, shall, from time to time, have full power and authority to make and establish all such orders, statutes, and constitutions as they shall sce necessary for the instituting, guiding, and furthering of the said college, and the several members thereof, from time to time, in piety, morality, and learning; as also to dispose, order, and manage, to the use and behoof of the said college and the members thereof, all gifts, legacies, bequeaths, revenues, lands, and donations, as either have been, are, or shall be, conferred, bestowed, or any ways shall fall or come to the said college. And whereas it may come to pass that many of the said magistrates and said elders may be absent, or otherwise employed about other weighty affairs, when the said college may need their present help and counsel; It is therefore ordered, That the greater number of said magistrates and elders which shall be present, with the president, shall have the power of the whole: Provided, That if any constitution, order, or orders by them made shall be found hurtful to the said college, or the members thereof, or to the weal public, then, upon appeal of the party or parties grieved unto the company of overseers first 'Mass. Coll. Records, Vol. I, p. 217. 3 Ibid., p. 304. 4 History of Harvard University, Vol. I, p. 9. mentioned, they shall repeal the said order or orders, if they shall see cause, at their next meeting, or stand accountable thereof to the next general court.1 CHARTER OF THE PRESIDENT AND FELLOWS OF HARVARD COLLEGE. [Under the seal of the colony of Massachusetts Bay, and bearing date May 3, A. D. 1650.] Whereas through the good hand of God many well-devoted persons have been, and daily are, moved and stirred up to give and bestow sundry gifts, legacies, lands, and revenues for the advancement of all good literature, arts, and sciences in Harvard College, in Cambridge, in the county of Middlesex, and to the maintenance of the president and fellows, and for all accommodations of buildings, and all other necessary provisions that may conduce to the education of the English and Indian youth of this country in knowledge and godliness: It is therefore ordered and enacted by this court, and the authority thereof, That for the furthering of the good work, and for the purposes aforesaid from henceforth, that the said college in Cambridge, in Middlesex, in New England, shall be a corporation, consisting of seven persons, to wit, a president, five fellows, and a treasurer or bursar; and that Henry Dunster shall be the first president; Samuel Mather, Samuel Danforth, masters of art; Jonathan Mitchell, Comfort Starr, and Samuel Eaton, bachelors of art, shall be the five fellows; and Thomas Danforth to be present treasurer, all of whom being inhabitants in the bay, and shall be the first seven persons of which the said corporation shall consist; and that the said seven persons, or the greater number of them, procuring the presence of the overseers of the college, and by their counsel and consent, shall have power, and are hereby authorized, at any time or times, to elect a new president, fellows, or treasurer, so oft, and from time to time, as any of the said persons shall die or be removed; which said president and fellows, for the time being, shall forever hereafter, in name and fact, be one body politic and corporate in law, to all intents and purposes; and shall have perpetual succession; and shall be called by the name of President and Fellows of Harvard College, and shall, from time to time, be eligible as aforesaid, and by that name they, and their successors, shall and may purchase and acquire to themselves, or take and receive upon free gift and donation, any lands, tenements, or hereditaments within this jurisdiction of the Massachusetts, not exceeding five hundred pounds per annum, and any goods and sums of money whatsoever, to the use and behoof of the said president, fellows, and scholars of the said college; and also may sue and plead, or be sued and impleaded by the name aforesaid in all courts and places of judicature within the jurisdiction aforesaid. And that the said president, with any three of the fellows, shall have power, and are hereby authorized, when they shall think fit, to make and appoint a common seal for the use of the said corporation. And the president and fellows, or major part of them, from time to time, may meet and choose such officers and servants for the college, and make such allowance to them, and them also to remove, and after death or removal to choose such others, and to make, from time to time, such orders and by-laws for the better ordering and carrying on the work of the college as they shall think fit; provided, the said orders be allowed by the overseers. And also, that the president and fellows, or any major part of them, with the treasurer, shall have power to make conclusive bargains for lands and tenements to be purchased by the said corporation for valuable consideration. And for the better ordering of the government of the said college and corporation— Be it enacted by the authority aforesaid, That the president and three more of the fellows shall and may, from time to time, upon due warning or notice given by the president to the rest, hold a meeting for the debating and concluding of affairs concerning the profits and revenues of any lands and disposing of their goods (provided that all the said disposings be according to the wills of the donors), and for direc Mass. Coll. Records, Vol. II, p. 30. tion in all emergent occasions, execution of all orders and by-laws, and for the procuring of a general meeting of all the overseers and society in great and difficult cases, and in cases of nonagreement; in all which cases aforesaid the conclusion shall be made by the major part (the said president having a casting voice), the overscers consenting thereto, and that all the aforesaid transactions shall tend to and for the use and behoof of the president, fellows, scholars, and officers of the said college, and for all accommodations of buildings, books, and all other necessary provisions and furnitures as may be for the advancement and education of youth in all manner of good literature, arts, and sciences. And further be it ordered by this court and the authority thereof, That all the lands, tenements, hereditaments, houses, or revenues, within this jurisdiction, to the aforesaid president or college appertaining, not exceeding the value of five hundred pounds per annum, shall from henceforth be freed from all civil impositions, taxes and rates; all goods to the said corporation, or to any scholars thereof appertaining shall be exempted from all manner of toll, customs, and excise whatsoever. And that the said president, fellows, and scholars, together with the servants and other necessary officers to the said president or college appertaining, not exceeding ten, viz, three to the president and seven to the college belonging, shall be exempted from all personal civil offices, military exercises or services, watchings, and wardings; and such of their estates, not exceeding one hundred pounds a man, shall be free from all county taxes or rates whatsoever, and no other. In witness thereof the court hath caused the seal of the colony to be hereunto affixed. Dated the one and thirtieth day of the third month called May, anno 1650. [L. S.] THOMAS DUDLEY, Governor.1 [An appendix to the college charter, granted by an act of the general court of the colony, passed anno 1657.] At a general court, held at Boston the 14th of October, 1657. In answer to certain proposals presented to this court by the overseers of Harvard College as an appendix to the college charter, it is ordered, The corporation shall have power, from time to time, to make such orders and by-laws for the better ordering and carrying on of the work of the college as they shall see cause, without dependence upon the consent of the overseers foregoing: Provided always, That the corporation shall be responsible unto, and those orders and by-laws shall be alterable by, the overseers according to their discretion. And when the corporation shall hold a meeting for agreeing with college servants; for making of orders and by-laws; for debating and concluding of affairs concerning the profits and revenues of any lands or gifts and the disposing thereof (provided that all the said disposals be according to the wills of the donors); for managing of all emergent occasions; for the procuring of a general meeting of the overseers and society in great and difficult cases and in case of nonagreement; and to all other college affairs to them pertaining-in all these cases the conclusion shall be valid, being made by the major part of the corporation, the president having a casting vote: Provided always, That in these things also they be responsible to the overseers as aforesaid. And in case the corporation shall see cause to call a meeting of the overseers, or the overseers shall think good to meet of themselves, it shall be sufficient unto the validity of college acts that notice be given to the overseers in the six towns mentioned in the printed law anno 1612, when the rest of the overseers, by reason of the remoteness of their inhabitants, can not conveniently be acquainted therewith.2 1 Mass. Coll. Records, Vol. III, pp. 195, 196. 2 Records of the general court, Vol. IV, p. 265. [Final resolve of the provincial legislature, declaring the college charter of 1650 not repealed, and directing the president and fellows of the college to exercise the powers granted by it.] Anno Regui Annæ Reginæ Sexto. At a great or general court or assembly for Her Majesty's province of the Massachusetts Bay, in New England, begun and held at Boston, upon Wednesday, the twenty-eighth of May, 1707, and continued by several prorogations unto Wednesday, the twenty-ninth of October following, being the third session. In council, Thursday, December 4, 1707. The governor and council, having accepted and approved the choice made by the fellows of Harvard College, in Cambridge, of Mr. John Leverett to be present president of the said college, to fill up that vacancy— Propose that the house of representatives consider of and grant a suitable salary to be paid to the said president annually out of the public treasury, for his encouragement and support during his continuance in said office, residing at Cambridge, and discharging the proper duties to a president belonging, and entirely devoting himself to that service. And inasmuch as the first foundation and establishment of that house and the government thereof hath its original from an act of the general court, made and passed in the year one thousand six hundred and fifty, which has not been repealed or nulled; The president and fellows of the said college are directed from time to time to regulate themselves according to the rules of the constitution by the said act prescribed, and to exercise the powers and authority thereby granted for the government of that house and support thereof. Voted. Scut down for concurrence. ISA. ADDINGTON, Secretary. In the house of representatives, December 5, 1707. Read, and concurred, and voted, that the sum for salary be one hundred and fifty pounds. Agreed to in the council, December 6, 1707. JOHN BURRILL, Speaker. ISA. ADDINGTON, Secretary. J. DUDLEY. The following provisions, found in the provincial charter of Massachusetts Bay, bearing date October 7, 1691, were inserted, it is supposed, in the interest of Harvard College. Their insertion in that document is a striking proof of the position that the college then held in the life of the colony. Increase Mather, who was president of Harvard at the time, according to President Quincy, was chiefly instrumental in procuring the new charter, and in persuading the people of the colony to accept it.2 These provisions are believed to be the only mention of schools, colleges, education, or learning in the royal charters constituting or recog nizing the American colonies. The antique spelling is preserved: Provided neverthelesse and Wee doc for Vs Our Heires and Successors Grant and ordeyne that all and every such Lands Tenements and Hereditaments and all other estates which any person or persons or Bodyes-Politique or Corporate Townes Villages Colledges or Schooles doe hold and enjoy or ought to hold and enjoy within the bounds aforesaid by or vnder any Grant or estate duely made or granted by any 1 See Quincy, History of Harvard University, Vol. I, pp. 611, 612. History of Forvard Uniterțity, Vol. I, p. 59. Generall Court formerly held or by virtue of the Letters Patents herein before recited or by any other lawfull Right or Title whatsoever shall be by such person and persons Bodyes Politique and Corporate Townes Villages Colledges or Schooles their respective Heires Successors and Assignes for ever hereafter held and enjoyed according to the purport and Intent of such respective Grant vnder and Subject neverthelesso to the Rents and Services thereby reserved or made payable any matter or thing whatsoever to the contrary notwithstanding. . . . . It being Our further Will and Pleasure that no Grants or Conveyances of any Lands Tenements or Hereditaments to any Townes Colledges Schooles of Learning or to any private person or persons shall be judged or taken to be avoided or prejudiced for or by reason of any want or defect of Form but that the same stand and remaine in force and be mainteyned adjudged and have effect in the same manner as the same should or ought before the time of the said recited Judgment according to the Laws and Rules then and there vsually practised and allowed.1 2. COMMON SCHOOLS. ORDINANCE OF JUNE 14, 1642. This court, taking into consideration the great neglect of many parents and masters in training up their children in learning and labor, and other employments which may be profitable to the commonwealth, do hereupon order and decree that in every town the chosen men appointed for managing the prudential affairs of the same shall henceforth stand charged with the care of the redress of this evil, so as they shall be sufficiently punished by fines for the neglect thereof upon presentment of the grand jury, or any other information or complaint in any court within this jurisdiction; and for this end they, or the greater number of them, shall have the power to take account from time to time of all parents and masters, and of their children, concerning their calling and employment of their children, especially of their ability to read and understand the principles of religion and the capital laws of this country, and to impose fines upon such as shall refuse to render such accounts to them when they shall be required; and they shall have power, with consent of any court or the magistrate, to put forth apprentices the children of such as they shall [find] not to be able and fit to employ and bring them up. They shall take employing them themselves; and they are * # up, nor shall take course to dispose of * to take care of such as are set to keep cattle be set to some other employment withal, as spinning upon the rock, knitting, weaving tape, &c., and that boys and girls be not suffered to converse together, so as may occasion any wanton, dishonest, or immodest behaviour. And for their better performance of this trust committed to them, they may divide the town amongst them, appointing to every of the said townsmen a certain number of families to have special oversight of. They are also to provide that sufficient quantity of materials, as hemp, flax, etc., may be raised in their several townes, and tools and implements provided for working out the same; and for their assistance in this so needful and beneficial employment, if they meet with any difficulty or opposition which they cannot well master by their own power, they may have recourse to some of the magistrates, who shall take such course for their help and encouragement as the occasion shall require according to justice; and the said townsmen, at the next court in those limits, after the end of their year, shall give a brief account in writing of their proceedings herein, provided that they have been so required by some court or magistrate a month at least before, and this order to continue for two years, and till the court shall take further order. 1 Poore, Vol. I, p. 948. 2 Mass. Coll. Records, Vol. II, pp. 6-9. |