246 Additional Points Set Forth by the Tutors

    [ca. March 1722]

    An Extract from the College Charter of 1650, the English Laws, and form of Installment of Fellows representing the State of the College.

    When the College was Incorporated all its Affairs were by the Charter put into the hands of the Corporation consisting of Seven persons, viz: A President five Fellows, and a Treasurer (all Resident at the College) and their Successors; under the Countenance and direction of the Governour and the Honourable and Reverend Overseers.

    The Corporation were particularly empowered to make by-laws, dispose of the College Revenues, Execute all Orders, and By-laws, and manage all Affairs of the College without exception. And thus the Government and business of the College was limited to the Seven, and cannot by that Charter be commited to any body else . . . .

    Two or Somtimes three of the Senior Fellows being Tutors, there necessarily arose a destinction between the Tutors and other Fellows that were not Tutors.

    In the form of Admission of Fellows the powers of the College commited to them are limited to the time of their Residence in the College, they are obliged to observe the College Laws themselves and to take care that others do so too; they are directed to take good care that the College may receive no detriment, in its Expences, in its buildings, in its lands, in its Revenues, and they are obliged to take care of all other matters that belong to the College, or that may belong to it during the time of their Residence there. The Overseers likwise promise them their Assistance, and that they will support them with their Authority and power, in all their just Administrations, they likwise promise them suitable rewards for their Services in the College, and this form of Installment of Fellows is suited to the Fellows of the Corporation, and to none else, and there is no other form to be found on the College Records. The destinction between Fellows of the Corporation, and Fellows of the House is not found on the College Records till very lately . . . .

    Somtime after the College Charter was granted, Viz: between the Years 1660 and 1670, the Records shew that the Corporation was not full. Its likly that it was found that so great a Number as Seven were not all necessary for the Management of the College Affairs at that time, when there were but a few Scholars, and the College Estate, for their Subsistence being small, the Corporation was not full. At several Meetings it appears by the Books that there were present only a President two or three Fellows and a Treasurer . . . .

    And no person [in 1672] was even then employed in the service of the College as a Fellow but upon the foundation.1 So that there being at that time Several Non-Residents when there were a Sufficient Number Resident, upon the foundation, to manage the College business dos not hurt our Argument, Although the College were allowed to be upon that foundation of 72, which it seems not to be, for although the Country Charter Secures all rights to the College, and the grant of 72 among others, yet the Generall Court has since limited the College to the Charter of 1650, and the College has taken up with it, so that the Charter of 72 is no rule for us now.

    The powers of the Charter were surely never wanted in the College more than now, when our Numbers are encreased to above 150 Undergraduates. It was never yet known that Resident Fellows of a College, who have the care and business of it commited to them, should be kept off from the foundation, and that the powers granted, for the Government of it, should lye without use in the hands of Non-Residents. And inasmuch as the resident Fellows of Harvard College are regularly elected and confirmed Fellows, according to the directions of the Charter, and have the care and business of the Society commited to them as such, it is the most reasonable thing in the world, and conducive to the weal and good of the College, that in conformity to the Usages of all Colleges, and to the Original state of this, to the true intent of the Charter and laws upon it, and to the Act of the Generall Court, passed in 1707: they should be enabled to carry on that business upon the foundation of the Charter, and according to the rules of that Constitution . . . .

    The Allowances which the Fellows had formerly.

    In 1692: Mr. Leveret and Mr. Brattle each of

    In 1693:

    15 Pupils

    them were allowed 25 pounds out of the College

    In 1694:


    Treasury and the Rent of CharlesTown Ferry,

    In 1695:


    which was £50 per Annum and their Pupil

    In 1696:



    In 1697:


    In 1693 the Same.

    In 1698:


    In 1694 the same and £20 each of Mr. Penoyers

    In 1699:



    In 1700:


    In 1695 the same.

    In 1701:



    In 1696 the same.

    In 1697 £30 each Tutor besides Pupil Money.

    In 1697

    In 1698 the Tutors were Allow’d

    after the same Proportion

    By this Computation the Classes for nine years together amounted to 14: each Class, one with another.

    And each Tutor having two Classes, his Tuition Money amounted to 56 pounds per Annum.

    College Papers, i. 56 (No. 125). Omitted portions, indicated by three dots, are taken almost word for word from Sever and Welsteed’s argument of October 17, 1721 (No. 240). Quincy, History, i. 296 calls this Sever and Welsteed’s second memorial, but adds it is not now extant, he having taken the title from the Overseers’ records. The document is in Sever’s hand. The chief addition is the compilation as to the Tutors’ salary, which Foster thinks contains errors (“Out of Smalle Beginnings” pp. 228–229).