Chapter 12

Among the laws, rules, and scholastic forms established between the years 1642 and 1646, by Mr. Dunster, the first President of Harvard College, occurs the following: "Siquis scholarium ullam Dei et hujus Collegii legem, sive animo perverso, seu ex supinâ negligentiâ, violârit, postquam fuerit bis admonitus, si non adultus, _virgis coërceatur_, sin adultus, ad Inspectores Collegii deferendus erit, ut publicè in eum pro merítis animadversio fiat." In the year 1656, this law was strengthened by another, recorded by Quincy, in these words: "It is hereby ordered that the President and Fellows of Harvard College, for the time being, or the major part of them, are hereby empowered, according to their best discretion, to punish all misdemeanors of the youth in their society, either by fine, or _whipping in the Hall openly_, as the nature of the offence shall require, not exceeding ten shillings or _ten stripes_ for one offence; and this law to continue in force until this Court or the Overseers of the College provide some other order to punish such offences."--_Quincy's Hist. Harv. Univ._, Vol. I. pp. 578, 513.

A knowledge of the existence of such laws as the above is in some measure a preparation for the following relation given by Mr. Peirce in his History of Harvard University.

"At the period when Harvard College was founded," says that gentleman, "one of the modes of punishment in the great schools of England and other parts of Europe was corporal chastisement. It was accordingly introduced here, and was, no doubt, frequently put in practice. An instance of its infliction, as part of the sentence upon an offender, is presented in Judge Sewall's MS. Diary, with the particulars of a ceremonial, which was reserved probably for special occasions. His account will afford some idea of the manners and spirit of the age:--

"'June 15, 1674, Thomas Sargeant was examined by the Corporation finally. The advice of Mr. Danforth, Mr. Stoughton, Mr. Thacher, Mr. Mather (the present), was taken. This was his sentence:

"'That being convicted of speaking blasphemous words concerning the H.G., he should be therefore publickly whipped before all the scholars.

"'2. That he should be suspended as to taking his degree of Bachelor. (This sentence read before him twice at the President's before the Committee and in the Library, before execution.)

"'3. Sit alone by himself in the Hall uncovered at meals, during the pleasure of the President and Fellows, and be in all things obedient, doing what exercise was appointed him by the President, or else be finally expelled the College. The first was presently put in execution in the Library (Mr. Danforth, Jr. being present) before the scholars. He kneeled down, and the instrument, Goodman Hely, attended the President's word as to the performance of his part in the work. Prayer was had before and after by the President, July 1, 1674.'"

"Men's ideas," continues Mr. Peirce, "must have been very different from those of the present day, to have tolerated a law authorizing so degrading a treatment of the members of such a society. It may easily be imagined what complaints and uneasiness its execution must frequently have occasioned among the friends and connections of those who were the subjects of it. In one instance, it even occasioned the prosecution of a Tutor; but this was as late as 1733, when old rudeness had lost much of the people's reverence. The law, however, was suffered, with some modification, to continue more than a century. In the revised body of Laws made in the year 1734, we find this article: 'Notwithstanding the preceding pecuniary mulcts, it shall be lawful for the President, Tutors, and Professors, to punish Undergraduates by Boxing, when they shall judge the nature or circumstances of the offence call for it.' This relic of barbarism, however, was growing more and more repugnant to the general taste and sentiment. The late venerable Dr. Holyoke, who was of the class of 1746, observed, that in his day 'corporal punishment was going out of use'; and at length it was expunged from the code, never, we trust, to be recalled from the rubbish of past absurdities."--pp. 227, 228.

The last movements which were made in reference to corporal punishment are thus stated by President Quincy, in his History of Harvard University. "In July, 1755, the Overseers voted, that it [the right of boxing] should be 'taken away.' The Corporation, however, probably regarded it as too important an instrument of authority to be for ever abandoned, and voted, 'that it should be suspended, as to the execution of it, for one year.' When this vote came before the Overseers for their sanction, the board hesitated, and appointed a large committee 'to consider and make report what punishments they apprehend proper to be substituted instead of boxing, in case it be thought expedient to repeal or suspend the law which allows or establishes the same.' From this period the law disappeared, and the practice was discontinued."--Vol. II. p. 134.

The manner in which corporal punishment was formerly inflicted at Yale College is stated by President Woolsey, in his Historical Discourse, delivered at New Haven, August, 1850. After speaking of the methods of punishing by fines and degradation, he thus proceeds to this topic: "There was a still more remarkable punishment, as it must strike the men of our times, and which, although for some reason or other no traces of it exist in any of our laws so far as I have discovered, was in accordance with the 'good old plan,' pursued probably ever since the origin of universities. I refer--'horresco referens'--to the punishment of boxing or cuffing. It was applied before the Faculty to the luckless offender by the President, towards whom the culprit, in a standing position, inclined his head, while blows fell in quick succession upon either ear. No one seems to have been served in this way except Freshmen and commencing 'Sophimores.'[12] I do not find evidence that this usage much survived the first jubilee of the College. One of the few known instances of it, which is on other accounts remarkable, was as follows. A student in the first quarter of his Sophomore year, having committed an offence for which he had been boxed when a Freshman, was ordered to be boxed again, and to have the additional penalty of acting as butler's waiter for one week. On presenting himself, _more academico_, for the purpose of having his ears boxed, and while the blow was falling, he dodged and fled from the room and the College. The beadle was thereupon ordered to try to find him, and to command him to keep himself out of College and out of the yard, and to appear at prayers the next evening, there to receive further orders. He was then publicly admonished and suspended; but in four days after submitted to the punishment adjudged, which was accordingly inflicted, and upon his public confession his suspension was taken off. Such public confessions, now unknown, were then exceedingly common."

After referring to the instance mentioned above, in which corporal punishment was inflicted at Harvard College, the author speaks as follows, in reference to the same subject, as connected with the English universities. "The excerpts from the body of Oxford statutes, printed in the very year when this College was founded, threaten corporal punishment to persons of the proper age,--that is, below the age of eighteen,--for a variety of offences; and among the rest for disrespect to Seniors, for frequenting places where 'vinum aut quivis alius potus aut herba Nicotiana ordinarie venditur,' for coming home to their rooms after the great Tom or bell of Christ's Church had sounded, and for playing football within the University precincts or in the city streets. But the statutes of Trinity College, Cambridge, contain more remarkable rules, which are in theory still valid, although obsolete in fact. All the scholars, it is there said, who are absent from prayers,--Bachelors excepted,--if over eighteen years of age, 'shall be fined a half-penny, but if they have not completed the year of their age above mentioned, they shall be chastised with rods in the hall on Friday.' At this chastisement all undergraduates were required to be lookers on, the Dean having the rod of punishment in his hand; and it was provided also, that whosoever should not answer to his name on this occasion, if a boy, should be flogged on Saturday. No doubt this rigor towards the younger members of the society was handed down from the monastic forms which education took in the earlier schools of the Middle Ages. And an advance in the age of admission, as well as a change in the tone of treatment of the young, may account for this system being laid aside at the universities; although, as is well known, it continues to flourish at the great public schools of England."--pp. 49-51.

CORPORATION. The general government of colleges and universities is usually vested in a corporation aggregate, which is preserved by a succession of members. "The President and Fellows of Harvard College," says Mr. Quincy in his History of Harvard University, "being the only Corporation in the Province, and so continuing during the whole of the seventeenth century, they early assumed, and had by common usage conceded to them, the name of "_The Corporation_," by which they designate themselves in all the early records. Their proceedings are recorded as being done 'at a meeting of _the Corporation_,' or introduced by the formula, 'It is ordered by _the Corporation_,' without stating the number or the names of the members present, until April 19th, 1675, when, under President Oakes, the names of those present were first entered on the records, and afterwards they were frequently, though not uniformly, inserted."--Vol. I. p. 274.

2. At Trinity College, Hartford, the _Corporation_, on which the _House of Convocation_ is wholly dependent, and to which, by law, belongs the supreme control of the College, consists of not more than twenty-four Trustees, resident within the State of Connecticut; the Chancellor and President of the College being _ex officio_ members, and the Chancellor being _ex officio_ President of the same. They have authority to fill their own vacancies; to appoint to offices and professorships; to direct and manage the funds for the good of the College; and, in general, to exercise the powers of a collegiate society, according to the provisions of the charter.--_Calendar Trin. Coll._, 1850, p. 6.

COSTUME. At the English universities there are few objects that attract the attention of the stranger more than the various academical dresses worn by the members of those institutions. The following description of the various costumes assumed in the University of Cambridge is taken from "The Cambridge Guide," Ed. 1845.

"A _Doctor in Divinity_ has three robes: the _first_, a gown made of scarlet cloth, with ample sleeves terminating in a point, and lined with rose-colored silk, which is worn in public processions, and on all state and festival days;--the _second_ is the cope, worn at Great St. Mary's during the service on Litany-days, in the Divinity Schools during an Act, and at Conciones ad Clerum; it is made of scarlet cloth, and completely envelops the person, being closed down the front, which is trimmed with an edging of ermine; at the back of it is affixed a hood of the same costly fur;--the _third_ is a gown made of black silk or poplin, with full, round sleeves, and is the habit commonly worn in public by a D.D.; Doctors, however, sometimes wear a Master of Arts' gown, with a silk scarf. These several dresses are put over a black silk cassock, which covers the entire body, around which it is fastened by a broad sash, and has sleeves coming down to the wrists, like a coat. A handsome scarf of the same materials, which hangs over the shoulders, and extends to the feet, is always worn with the scarlet and black gowns. A square black cloth cap, with silk tassel, completes the costume.

"_Doctors in the Civil Law and in Physic_ have two robes: the _first_ is the scarlet gown, as just described, and the _second_, or ordinary dress of a D.C.L., is a black silk gown, with a plain square collar, the sleeves hanging down square to the feet;--the ordinary gown of an M.D. is of the same shape, but trimmed at the collar, sleeves, and front with rich black silk lace.

"A _Doctor in Music_ commonly wears the same dress as a D.C.L.; but on festival and scarlet-days is arrayed in a gown made of rich white damask silk, with sleeves and facings of rose-color, a hood of the same, and a round black velvet cap with gold tassel.

"_Bachelors in Divinity_ and _Masters of Arts_ wear a black gown, made of bombazine, poplin, or silk. It has sleeves extending to the feet, with apertures for the arms just above the elbow, and may be distinguished by the shape of the sleeves, which hang down square, and are cut out at the bottom like the section of a horseshoe.

"_Bachelors in the Civil Law and in Physic_ wear a gown of the same shape as that of a Master of Arts.

"All Graduates of the above ranks are entitled to wear a hat, instead of the square black cloth cap, with their gowns, and the custom of doing so is generally adopted, except by the HEADS, _Tutors_, and _University_ and _College Officers_, who consider it more correct to appear in the full academical costume.

"A _Bachelor of Arts'_ gown is made of bombazine or poplin, with large sleeves terminating in a point, with apertures for the arms, just below the shoulder-joint.[13] _Bachelor Fellow-Commoners_ usually wear silk gowns, and square velvet caps. The caps of other Bachelors are of cloth.

"All the above, being _Graduates_, when they use surplices in chapel wear over them their _hoods_, which are peculiar to the several degrees. The hoods of _Doctors_ are made of scarlet cloth, lined with rose-colored silk; those of _Bachelors in Divinity_, and _Non-Regent Masters of Arts_, are of black silk; those of _Regent Masters of Arts_ and _Bachelors in the Civil Law and in Physic_, of black silk lined with white; and those of _Bachelors of Arts_, of black serge, trimmed with a border of white lamb's-wool.

"The dresses of the _Undergraduates_ are the following:--

"A _Nobleman_ has two gowns: the _first_ in shape like that of the Fellow-Commoners, is made of purple Ducape, very richly embroidered with gold lace, and is worn in public processions, and on festival-days: a square black velvet cap with a very large gold tassel is worn with it;--the _second_, or ordinary gown, is made of black silk, with full round sleeves, and a hat is worn with it. The latter dress is worn also by the Bachelor Fellows of King's College.

"A _Fellow-Commoner_ wears a black prince's stuff gown, with a square collar, and straight hanging sleeves, which are decorated with gold lace; and a square black velvet cap with a gold tassel.

"The Fellow-Commoners of Emmanuel College wear a similar gown, with the addition of several gold-lace buttons attached to the trimmings on the sleeves;--those of Trinity College have a purple prince's stuff gown, adorned with silver lace,[14] and a silver tassel is attached to the cap;--at Downing the gown is made of black silk, of the same shape, ornamented with tufts and silk lace; and a square cap of velvet with a gold tassel is worn. At Jesus College, a Bachelor's silk gown is worn, plaited up at the sleeve, and with a gold lace from the shoulder to the bend of the arm. At Queen's a Bachelor's silk gown, with a velvet cap and gold tassel, is worn: the same at Corpus and Magdalene; at the latter it is gathered and looped up at the sleeve,--at the former (Corpus) it has velvet facings. Married Fellow-Commoners usually wear a black silk gown, with full, round sleeves, and a square velvet cap with silk tassel.[15]

"The _Pensioner's_ gown and cap are mostly of the same material and shape as those of the Bachelor's: the gown differs only in the mode of trimming. At Trinity and Caius Colleges the gown is purple, with large sleeves, terminating in a point. At St. Peter's and Queen's, the gown is precisely the same as that of a Bachelor; and at King's, the same, but made of fine black woollen cloth. At Corpus Christi is worn a B.A. gown, with black velvet facings. At Downing and Trinity Hall the gown is made of black bombazine, with large sleeves, looped up at the elbows.[16]

"_Students in the Civil Law and in Physic_, who have kept their Acts, wear a full-sleeved gown, and are entitled to use a B.A. hood.

"Bachelors of Arts and Undergraduates are obliged by the statutes to wear their academical costume constantly in public, under a penalty of 6s. 8d. for every omission.[17]

"Very few of the _University Officers_ have distinctive dresses.

"The _Chancellor's_ gown is of black damask silk, very richly embroidered with gold. It is worn with a broad, rich lace band, and square velvet cap with large gold tassel.

"The _Vice-Chancellor_ dresses merely as a Doctor, except at Congregations in the Senate-House, when he wears a cope. When proceeding to St. Mary's, or elsewhere, in his official capacity, he is preceded by the three Esquire-Bedells with their silver maces, which were the gift of Queen Elizabeth.

"The _Regius Professors of the Civil Law and of Physic_, when they preside at Acts in the Schools, wear copes, and round black velvet caps with gold tassels.

"The _Proctors_ are not distinguishable from other Masters of Arts, except at St. Mary's Church and at Congregations, when they wear cassocks and black silk ruffs, and carry the Statutes of the University, being attended by two servants, dressed in large blue cloaks, ornamented with gold-lace buttons.

"The _Yeoman-Bedell_, in processions, precedes the Esquire-Bedells, carrying an ebony mace, tipped with silver; his gown, as well as those of the _Marshal_ and _School-Keeper_, is made of black prince's stuff, with square collar, and square hanging sleeves."--pp. 28-33.

At the University of Oxford, Eng., the costume of the Graduates is as follows:--

"The Doctor in Divinity has three dresses: the first consists of a gown of scarlet cloth, with black velvet sleeves and facings, a cassock, sash, and scarf. This dress is worn on all public occasions in the Theatre, in public processions, and on those Sundays and holidays marked (*) in the _Oxford Calendar_. The second is a habit of scarlet cloth, and a hood of the same color lined with black, and a black silk scarf: the Master of Arts' gown is worn under this dress, the sleeves appearing through the arm-holes of the habit. This is the dress of business; it is used in Convocation, Congregation, at Morning Sermons at St. Mary's during the term, and at Afternoon Sermons at St. Peter's during Lent, with the exception of the Morning Sermon on Quinquagesima Sunday, and the Morning Sermons in Lent. The third, which is the usual dress in which a Doctor of Divinity appears, is a Master of Arts' gown, with cassock, sash, and scarf. The Vice-Chancellor and Heads of Colleges and Halls have no distinguishing dress, but appear on all occasions as Doctors in the faculty to which they belong.

"The dresses worn by Graduates in Law and Physic are nearly the same. The Doctor has three. The first is a gown of scarlet cloth, with sleeves and facings of pink silk, and a round black velvet cap. This is the dress of state. The second consists of a habit and hood of scarlet cloth, the habit faced and the hood lined with pink silk. This habit, which is perfectly analogous to the second dress of the Doctor in Divinity, has lately grown into disuse; it is, however, retained by the Professors, and is always used in presenting to Degrees. The third or common dress of a Doctor in Law or Physic nearly resembles that of the Bachelor in these faculties; it is a black silk gown richly ornamented with black lace; the hood of the Bachelor of Laws (worn as a dress) is of purple silk, lined with white fur.

"The dress worn by the Doctor of Music on public occasions is a rich white damask silk gown, with sleeves and facings of crimson satin, a hood of the same material, and a round black velvet cap. The usual dresses of the Doctor and of the Bachelor in Music are nearly the same as those of Law and Physic.

"The Master of Arts wears a black gown, usually made of prince's stuff or crape, with long sleeves which are remarkable for the circular cut at the bottom. The arm comes through an aperture in the sleeve, which hangs down. The hood of a Master of Arts is black silk lined with crimson.

"The gown of a Bachelor of Arts is also usually made of prince's stuff or crape. It has a full sleeve, looped up at the elbow, and terminating in a point; the dress hood is black, trimmed with white fur. In Lent, at the time of _determining_ in the Schools, a strip of lamb's-wool is worn in addition to the hood. Noblemen and Gentlemen-Commoners, who take the Degrees of Bachelor and Master of Arts, wear their gowns of silk."

The costume of the Undergraduates is thus described:--

"The Nobleman has two dresses; the first, which is worn in the Theatre, in processions, and on all public occasions, is a gown of purple damask silk, richly ornamented with gold lace. The second is a black silk gown, with full sleeves; it has a tippet attached to the shoulders. With both these dresses is worn a square cap of black velvet, with a gold tassel.

"The Gentleman-Commoner has two gowns, _both of black silk_; the first, which is considered as a dress gown, although worn on all occasions, at pleasure, is richly ornamented with tassels. The second, or undress gown, is ornamented with plaits at the sleeves. A square black velvet cap with a silk tassel, is worn with both.

"The dress of Commoners is a gown of black prince's stuff, without sleeves; from each shoulder is appended a broad strip, which reaches to the bottom of the dress, and towards the top is gathered into plaits. Square cap of black cloth and silk tassel.

"The student in Civil Law, or Civilian, wears a plain black silk gown, and square cloth cap, with silk tassel.

"Scholars and Demies of Magdalene, and students of Christ Church who have not taken a degree, wear a plain black gown of prince's stuff, with round, full sleeves half the length of the gown, and a square black cap, with silk tassel.

"The dress of the Servitor is the same as that of the Commoner, but it has no plaits at the shoulder, and the cap is without a tassel."

The costume of those among the University Officers who are distinguished by their dress, may be thus noted:--

"The dress of the Chancellor is of black damask silk, richly ornamented with gold embroidery, a rich lace band, and square velvet cap, with a large gold tassel.

"The Proctors wear gowns of prince's stuff, the sleeves and facings of black velvet; to the left shoulder is affixed a small tippet. To this is added, as a dress, a large ermine hood.

"The Pro-Proctor wears a Master of Arts' gown, faced with velvet, with a tippet attached to the left shoulder."

The Collectors wear the same dress as the Proctors, with the exception of the hood and tippet.

The Esquire Bedels wear silk gowns, similar to those of Bachelors of Law, and round velvet caps. The Yeoman Bedels have black stuff gowns, and round silk caps.

The dress of the Verger is nearly the same as that of the Yeoman Bedel.

"Bands at the neck are considered as necessary appendages to the academic dress, particularly on all public occasions."--_Guide to Oxford_.

See DRESS.

COURTS. At the English universities, the squares or acres into which each college is divided. Called also quadrangles, abbreviated quads.