allowed each of them £40 beside what shall be due to them from their several pupils.

"3d. The scholars of the house (for this year) shall be Sir Gibbs, Rogers, Mitchel, and Dudley, who shall be allowed each of them at least £5. Sir Gibbs's pension to be paid out of Mr. Webb's legacy, and Rogers's out of Capt. Keyn's legacy.

"4th. Major Richards shall be allowed for his care, in improving the College stock, after the proportion of £1 for £100. "J. Dudley, "William Stoughton."

The President of the Colony, and afterwards the Governor, assumed the whole authority when they thought fit. The rights of Magdalen College Oxford invaded, justly might alarm the whole nation, but Harvard College was too inconsiderable, had the proceedings been ever so arbitrary and oppressive, to occasion any great notice. Mr. Mather, the Rector, went to England in 1688. No person was appointed in his stead. Sir E. Andros, the Governor, wrote to Mr. Samuel Lee, the minister of Bristol in NewPlymouth colony, to desire him to officiate at the Commencement; but not receiving an answer in proper season (it seems the letter was delayed) Mr. William Hubbard was appointed, and officiated accordingly. In 1692, upon the arrival of the Province Charter, although by a clause in the Charter with a special view to the College, it was provided, that no grants, &c. to any towns, colleges, schools of learning, &c. should be prejudiced through defect of form, &c. but should remain in force as at the time of vacating the Colony Charter; yet the President, and many others with him, were desirous of a new Charter, with additional powers and privileges. An Act, of the General Court, passed for that purpose in 1692, incorporating the College on a larger foundation than the former Charter. Among other things, the College' was enabled to confer such degrees as are conferred by the Universities in Europe, whereas under the former Charter no higher degrees had been given than those of Bachelors and Masters of Arts. This privilege was exercised in one instance only, a diploma for a doctorate, under the College seal, being presented to Mr. Mather the President. Before the expiration of three years the Act of Incorporation was disallowed. Those who interested themselves for the College were resolved upon further attempts; another Provincial Act, passed in 1697, with some variations, which before 1700 was likewise disapproved; for at a session of the Court, that

year, a vote passed the Council and House of Representatives approving the form of a Charter which they were willing the College should accept from the King, and I make no doubt the agents were instructed to endeavour to obtain a Charter in such form. By this Charter, the Corporation was to consist of a President, Vice-President, and fifteen Fellows. It may not be unacceptable to some to have their names preserved. Increase Mather, President, Samuel Willard, Vice-President, James Allen, Michael Wigglesworth, Samuel Torrey, Nehemiah Hobart, Peter Thacher, Samuel Angier, John Danforth, Cotton Mather, Nehemiah Walter, Henry Gibbs, John White, Jonathan Pierpoint, and Benjamin Wadsworth, together with the two senior Tutors resident at College, were the first Corporation named in the Charter. The College was impowered to hold real estate to the amount of three thousand pounds per annum. The Governor and the Council were made the visitors. This application proved as ineffectual as the former. The true reason, of the several failures, appears from a letter of Mr. Blaithwaite to the President, dated 1st June 1704, which says, "that the only obstruction to the passing the Charter was Sir Henry Ashurst's refusing to allow of a clause for a visitation by the King or his Governor." A letter from Lord Bellamont to Mr. Stoughton upon this subject deserves notice,

"New York, 31st May, '98.

Sir, I received a letter from the reverend President of Harvard College, by Mr. White, Fellow of the said College, together with a copy of an Act of the Assembly for incorporating the College. And I am of opinion, that his Majesty will not give his royal approbation to that act as it stands worded, because it differs very materially from the terms of incorporation proposed by their excellencies the Lords Justices of England, viz. that the King and his Governors should be the visitors, whereas the Act of Assembly vests the power of visitation of that College as well in the Council as Governor, which his Majesty may probably think derogatory to his prerogative. And I am apprehensive also, that those noble Lords who, under the title of Lords Justices of England, lately exercised the royal authority, will confirm his Majesty that it will be a diminution to the prerogative of the crown, to make the Council co-ordinate in the power of visitation with the King's GovFor my own part I have a very great respect for the King's prerogative, but I could wish a way were found to secure

ernor.

the statutes or privileges of Harvard College against the capricious humour of future Governors, who, out of prejudice to the way of worship used there, or for some sinister ends, may be vexatious to the College. There is great difference between the exercise of the prerogative in England and in these remote parts of his Majesty's dominions. There, the subject, whenever that exercise is abused, has the King, the fountain of justice, near at hand to recur to for redress. In these Provinces, Governors, I fear by what I have discovered since my being in America, are made bold and presumptuous in breaking the laws and governing arbitrarily, out of conceit that their being so far from under the eye of the government of England will be a sure cause of impunity to them. Therefore upon the whole matter, I must in judgment and conscience declare for a qualification of the power of a Governor in the case of the visitation of Harvard College, but what that qualification should be, I must leave to his Majesty's wisdom and goodness to determine.

To the Honourable

"I am,

Wm. Stoughton, Esq. &c.

"Sir, your most humble servant,
"BELLAMONT."

During these attempts, until advice of the respective Acts being disallowed, the College was governed conformable to them. While no Acts were in force, temporary orders passed the General Court from time to time, impowering such persons to act as a Corporation as were therein named. But in 1707, all prospect of a new foundation being gone, it was thought proper to resort to the old, and the Charter of 1650 hath been conformed to ever since. The several heads of the College, from its first establishment to this day, have been as follows. Mr. Eaton, appointed in 1638, continued until 1640, when Mr. Henry Dunster was appointed, who was succeeded by Mr. Charles Chauncy in 1654, who continued until 1671. Doctor Leonard Hoar succeeded Mr. Chauncy. Douglass says, Mr. Hoar was a doctor of physick from Cambridge in Old England. He was educated at Cambridge in New England, and took his Bachelor's degree in 1650, went over to England in November 1653, was made a Doctor at Cambridge, and returned not long before he was elected July 30, 1672. The students were too much indulged in their prejudices against him, and he was obliged to resign March 15, 1674-5. His wife was daughter to

Lord Lisle. Mr. Urian Oakes, minister of Cambridge, was his successor, and continued from April 7, 1675, until his death in 1681. Mr. Mather was chosen by the Corporation and confirmed by the Overseers, and moderated at the masters' disputations, and conferred the degrees at the Commencement in 1681; but his church in Boston being unwilling to part with him, on April 20th, 1682, Mr. John Rogers was chosen and confirmed, but died in 1684, being suddenly seized the morning of Commencement, July 1st, and dying the next day. Mr. William Hubbard of Ipswich moderated at the publick exercises. Mr. Mather succeeded Mr. Rogers, and continued at the head of the College until September 6, 1701. Mr. Samuel Willard, by order of Court, officiated several years as Vice-President, no President being appointed instead of Mr. Mather, until Mr. John Leverett was by the Governor, at the head of the Overseers, declared President, January 14, 1707, and the College was put under his care "agreeable to the choice of the Fellows of the house, approbation of the Overseers, and votes of the Council and Assembly in their last preceding session. The Governor directing him to govern that house and the scholars there with duty and allegiance to our sovereign lady the Queen and obedience to her Majesty's laws." Mr. Leverett continued in the presidentship until his death in 1724. Mr. Benjamin Wadsworth, a minister of one of the churches in Boston, succeeded him. He died in 1737, and was succeeded by Mr. Holyoke, who continues in the presidentship at this time. [Hutchinson's Hist. I. pp. 171-175, note.]

1. The Colonial Act of 1642. Vide ante, page 9th of this Appendix.

2. The Charter of 1650. Vide ante, page 11th, of this Appendix.

3. Appendix to the Charter of 1650. Vide ante, page 14th of this Appendix.

4. The articles of the Constitution of the Commonwealth of Massachusetts, confirming and securing to Harvard College, the perpetual possession, and enjoyment of all its estates, rights, powers, and privileges. [A. D. 1780.]

CHAPTER V.

Article 1.

SECTION I.

The University.

Whereas our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard College, in which University, many persons of great eminence have, by the blessing of GOD, been initiated into those arts and sciences, which qualified them for public employments, both in Church and State; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of GOD, the advantage of the Christian religion, and the great benefit of this, and the other United States of America It is declared, that the President and Fellows of Harvard College in their corporate capacity, and their successors in that capacity, their officers and servants, shall have, hold, use, exercise and enjoy, all the powers, authorities, rights, liberties, privileges, immunities and franchises, which they now have, or are entitled to have, hold, use, exercise and enjoy: And the same are hereby ratified and confirmed unto them, the said President and Fellows of Harvard College, and to their successors, and to their officers and servants, respectively, for ever.