ENPages
(seq. 1)
The Case on Edward Hopkins Bequest of 500£: for Propagation of ye Gospell.
7th. March. 1657 Edward Hopkins by his Will bequeathed (amongst other things) to Susan Sookor All Such [?] as were than due unto him from Her Upon the amount herein in New England & tho[ough], residue of his Estate There & by his said Will gave & bequeathed unto Tho[ma]s Eaton, John Davenport, John Culloch and William Goodwin in full assurance of their trust in[?] Harth Bishops [?] of disposing it accord -ing to his[?] [?] Testator in/or whith[sic] was to give some Encouragement in those forrein[sic] Plantations for ye breeding up of hopefull[sic] youth in a way of Learning both at ye Grammar School & College for the publique[sic] Service of the country in future times. And as for his Estate in this ENGLAND (meaning OLD ENGLAND) and this dispose (says the testator)amongst other things Viz. My further Mind & Will is that within siz months after the [?] of my wife 500£ be paid over into New England according to the advise [sic] of Robert Thomson & [?] Willoughby & conveyed into the hands of the Trustees before mentioned in further Prosecution of the aforesaid publick [sic] [?] within the Simplicity of my heart and for the upholding and promoting of the Kingdom of the Lord Jesus in those p[ar]ts of the Earth.
30. April. 1657 The said Will was proved by Henry Dally the Nephew Sole Executor & Residuary Signatee[?]. The Said Robery Thompson[sic] & [?] Willoughby accordiong to whose advise[sic] the said 500£ were to be paid over into New England into the Hands of his Trustees above named dyed[sic[ before the Testator Wife without any Disposition or order. And now all the said Trustees are dead[?].
[?]mber 1699 Ann Hopkins Wife of said Edward Hopkins dyed[sic] in December 1699. Henry Dally made a Will & Executor thereof and left his sister Residuary [?]. The Suster Exhibited a Bill in the Exchequer[?]. ag. the Estate of Dally for an amount in taking whereof the Remembrancer allowed the said 500£ to those and an exception being taken to his Report therein the Exception was overruled.
3rd May.1650.
New England is governed: 2. what authority [...]orment has to [...] poration.
The Question here made Will be to whom this 500£ doth belong. by a Deed or Charter made by the thon Government of New England at their Court under the Seal of the Colonissor Rosiling[?] that thro[ugh] the Good hand of God many well & noted persons have been & daily are moved & stirred up to give and bestow Sundry Gifts to Segarios[?] Lands and Revenues for the Advancement of all good Literature Arts and Sciences in Harvard College in Cambridge and to the maintenance of the President & Fellows and for accomodation of Building & all other necessary Provisions that may [?] to the Education of the English and Indian Youth in Knowledge & Godliness. Tried therefore thereby Ordered & Enacted by the Court the for the Furthering so Good a Work and for the purposes aforesaid the said College in New England shall be a Corporation consisting of 7 persons Viz. a President, 5 Fellows and a Treasurer and that the Persons therein named shall be the first President, Fellows and Treasurer And the said 7 or the greater Number of them procuring the [preference?] of the Overseers of the College and by their Counsill[sic] and consent shall have Power to Elect a new President, Fellows or Treasurer as any of the 7 shall dye[sic] or be removed which President and Fellows for the time being shall forever be a Body Pollitick[sic] and have [?] and shall be called by the Names of President & Fellows of Harvard College & have Capacity to take any Lands not exceeding 500£ per ann[um]. and any Goods and sums of money they make ordered for their Governors provided they be allowed by the Overseers and for the better ordering of the Government of the said College & Corporation thus enacted by the Authority Aforesaid that the President & the rest of the Fellows shall from time to time on due Notice to the Rest hold a meeting for Debating & [?]of the Affairs & Disposing of the Lands and Goods, provided that all the said Disposings be according to the Will of the Donors. And for direction in all imminent occasions[?] execution of all ordered & by Laws and for the Procuring a Generall meet -ing of all the Overseers in Society in great difficult cases and in case of non agreement in all, which Cases the Conclusion shall be made by the Major[ity?] of of the President having a casting vote, the Overseers consorting[consulting?] thereto And that all the said Transactions shall send to and for the [?] and Behoof[sic] of the President, Fellows, [?] and Officers of the said College for all accomodations of Buildings and Books and all other necessary furnitures[sic] as may be for the advancement and education of youth in all manner of good Liteature Arts and Sciences - - - - - With certain [?] Exemptions & Priviledges of their Lands and Goods.
4 Dec[ember]. 1704 to this Charter the Name of Thomas Dudley the then Gov[ernor] is set. This College & Corporation us yet subsisting & Mr. John Leveritt is therefore the present President by the election of the Fellows. Which Chairs[?] 4 December 1707. was adopted and approved by the Govern[or?] and Counsell[sic]. Soon after the Restoration of K[ing] Charles 2 [II] Comm[issons? unications?] to New England and one Article of their Instrcutions is said to be that the said Com[missoner?] shall count names and encourage the said College. It is also said that it was never Objected[?] to this Country that a College was here ordered when Entitled[?] were diligently searching after for abolishing the Old Charter. Thatg King William and Mary in their Charter by which New Rngland is now Governed have [?]said in [?] found [formed?] [?] all Grants (tho[ugh] not compleat[sic] quoad forman) made by ye Colledges[sic] which suppose their being, and they will well know of this Colledge[sic] at that time
(seq. 3)
C2 ADmi1662. King Charles the Second by Letters Patent taking Nohito[sic] that his Dominiono [sic] was Enlarged as well on the Continent of America as on Severell[sic] Islands thereof and that the Trade between England and those Colonies hath been [?] & that Severell[sic] English Ministers who had leart ye Languages of the Heathen Natives by their instruction had brought over many of them from the Kingdom of Satan to the Knowledge of the true and only God and to the Profession of the Protestant Religion. But that unless some provision be made for the Educating Clothing Civilizing and instructing the Poor natives and also for the maintenance of such Ministers of the Gospell, Schoolmasters and other instructors as are or shall be sett[sic] apart for the carrying on such a Christian Work the same would be discouraged, the first Planters who first began it being unable to bear the whole charge.
And the said King reciting that he was not only resolved to look outward to offer of those parts by puting industrious People in a way of Trade and Commerce for the Benefit of this Kingdom but to endeavour[sic] rhe Salvation of their Souls and the Publishing the Gospell of Christ amongst them. And to those they who began this war[?] may not be discouraged for want of authority to order and dispose of what Lands et[c?] had or should be given for the purposes aforesaid.
The said King for the further Propagation of the Gospell among the Heathen Natives in or near New England and the parts adjacent in America & for the better Civilizing Educating and instructing of the said Heathen Natives in Learning & in Knowledge of the true and only God & in the Protestant Religion and for the better encouragement of such others of them as shall enbrace the same did ordain that there should be forever within the Kingdom of England a Society or Company for the Propagation of the Gospell in New England and those parts adjacent in America and did Incorporate Edward Earl of Clarendon then Lord Chancellor and divers[sic] others therein named to be the first members whereof the said Company should consist, and that they and their purposes by the Name of the Company for Propagation of the Gospel[sic] in New England and the parts adjacent in America to have the value of 2000£ ann[ually?] & goods & to any value.
To the End that the yearly Revenues & also the Goods & that of the Said Company might be faithfully disposed and apply so for the Propagating the Gospell amongst the Heathen Natives in or near New England & parts adjacent in America and also for Civilizing teaching & instructing the said Heathen Natives & their Children not only in the true religion & in the Knowledge of the English Tongue and in Liberal Arts and Sciences But for Educating them and Placing them or their Children in some Trade History[?] or Lawfull[sic] Calling. Power is given to the Company to Constutute and appoint persons residing in the Colonies on behalf of the Company to contract with Ministers Schoolmasters and others to teach instruct & to contract & agree with any other persons for Cloth[e]s, Books {?} & other Neccessarys[sic] to the Civilizing Employing Ecucation or placing out any of the Natives or their Children who shall profess the Protestant religion in English families and under English Masters or otherwise as such Comm[ittee?]s think fit. And divers[sic] other Powers Siberlies[?] and Privileges are given to the said Company for better effecting the end of their Inorporation. NB This Charter seems confined to the Instructing the Heathen Natives only of New England in the Xian[sic] Religion to Clothing them & setting them to work 16.June.vz. W[illia]m 3[r]d. An[n]o D[omini] mad 1701[?]. King William the 3rd: By Letters Patent Recording[?] that in many of the Plantations, Colonies and Factories beyond the sea belongin to England the provision for Ministers is very mean and many other of his Plantations etc are not wholy [?] and unprovided of a maintenance for Ministers and the publick[sic] worship of God and for lack of Support & maintenance for Such, many of his Subjects [?] want the Admission of Gods[sic] word & Sacrament & seemed to be abandoned to Atheism & Infidelity and for want of Learn'd and Orthodox Ministers to instruct his Subjects in the Principles of true religion Divers[sic] Rom[e]ish Priests & [?] are the more encouraged to pervert & draw over his said Subjects to Popish Superstition. Therefore that a maintenance for an Orthodox Clergy and that such other Provision may be made for ye Propagation of the Gospell[sic] in these parts. So his Majesty did incorporate the A[rch]B[isho]p of Canterbury and 93 other persons by the name of the Society for the Propagation of the Gospell[sic] in Forreign[sic] parts to have [?] [?] and be able to purchase and take Lands, not exceeding 2000 £ ann[ually?] and Estates for Lives or Years or Goods of any value to which Society are granted divers[sic] Powers and Privileges for the effecting the end of their Incorporation. This Society doth now actually subsist Missionarys or Orthodox Clergy men in New England.
1.2. To whom this 500th [?] belongs (which there also £ to pay.)
2.2. By what method and same may be recovered & wsho must be made [?] & defend[er?] unto the Suite.
1/2
(seq. 5)
The opinion of [?] King upon reading the foregoing Case was as follows -
In Answer to the 1st Question.
I conceive that the Trustees being dead into whose hands the said Legacy was to be paid. It now belongs to the Crown to dispose of it as near as may be according to the Institution of the Testater.
In answer to the 2nd Question.
The method to recover it will be by an Information in Chancory by the Attorney General against the Ex[change?] of Dally Executor of Edward Hopkins the first Testator. December 9th. 1700 R. King
The Opinion of Mr. T. Vernon was as follows Viz: In Answer to the First Question. In conceive the (s)[?](/s) must be applyed to to the (s)[?](/s) in the Will Viz. for the Brooding up of Youth in a way of Learning at the GrammarSchool and Colledge[sic] in New England. But Mr. Thompson & Mr. Willoughby who [want?] to direct how the money should be transmitted to the Trustees named in the Will being both Dead & all the Trustees being also Dead, It belongs now to the Queen to nominate & Appoint Trustees to Execute and perform this Charity.
And in Answer to the 2nd Question. The proper method to be taken for that Purpose is Exhibit an Information in the Name of the Attorney General ag[ainst?] the Ex[change?] of Hon. Dally to have ye 500 paid in the Incorporated[?] the Corporation for Propagating the Gospel in Forrein[sic] parts. May if they please be Named by them or by or with their Privily or direction for the purposes in the Will mentioned. December. 10. 1708. T. Vernon.