THE Account Examined: OR, A VINDICATION OF Dr. ARTHUR BURY, RECTOR of EXETER COLLEGE. THere will shortly be Published, an Impartial Narrative of the Proceed of the Rector and Fellows of Exeter-College, in relation to Mr. Colmer's Expulsion; and the Bishop of Exeter's Visitation, etc. THE Account Examined: OR, A VINDICATION OF Dr. ARTHUR BURY, RECTOR of EXETER COLLEGE, FROM THE Calumnies of a Late Pamphlet, Entitled, An Account of the Proceed of the Right Reverend Father in God, Jonathan, Lord Bishop of Exon, in his Late Visitation of Exeter College in Oxon. LONDON, Printed: and are to be Sold by Randall Taylor, near Stationers-Hall. MDCXC. A VINDICATION OF Dr. ARTHUR BURY, THE Rector of Exeter College, etc. THE major part of the Fellows of Exeter College needeth no other Apology for their Proceed, in relation both to Mr. Colmer and the Visitor, than a Plain Honest Narrative. But the Rector needs to be justified, not only against the Visitor's Sentence, but likewise against the Calumnies of a Pamphlet, that representeth him to the World, as worthy to be Expelled, not only from the Government of his College, but from the Society of all Mankind, without the help of an Excommunication. To take particular notice of every gross Falsehood and malicious Insinuation, were to transcribe a great part of it. But two Cardinal Errors must not be passed by, because upon them the whole Affair is pretended to have turned. 1. Mr. Colmer's Expulsion is not imputed to his Gild, but to the Opposition which he made to Sir Kingston's Election to the Chaplain-fellowship. 2. And the Visitation, not to his Lordship's willingness to judge of Mr. Colmer's Appeal, or assert his own Jurisdiction; but to the necessity of freeing the College from an intolerable Rector; who, on his part, did not oppose it out of faithfulness to his duty, but to divert an enquiry into those Actions which could neither be denied, nor defended. The former of these will in few words be confuted; and the latter, by that very Account which the Author himself giveth of it. 1. With the Former he solemnly beginneth his Account, p. 15. but in so confused a manner, as plainly betrayeth his Ignorance concerning Elections in Colleges; yea, and concerning the behaviour of the present Fellows of This very College. For had he known that three, if not all the four, of those who now consented to the Expulsion of the Rector, own their Places in it to his kindness; he must know, that he could be no more secure of commanding Sir Kingston 's vote, than any other man's; and did he understand the business of an Account, he could not think the Rector needed one Vote to make the division of the College equal, when he had the majority on his side. The truth of the Story is plainly this; Dr. Reynel (late Fellow of C. C. C.) recommended to the Rector a young man of his College, whom he admired for his singular acquaintance with Books: the Rector therefore upon examination finding this to be true, had a particular eye upon his Manners; and as he found him otherwise unblameable, so he observed him to be one of the very few that were constant at monthly Communions. When the Chaplain-fellowship was shortly to be vacant, he received a Letter from the Chapter-Clerk of Exeter, informing him, That the Dean and Chapter (in whose Gift that place is) had for this time given him the nomination of it; he therefore promised it to Sir Kingston: Which Mr. Colmer understanding, went himself, and then got as many as he could of the Fellows to write to the Dean and Chapter, praying them not to nominate Sir Kingston, who on his part got a greater number to write a contrary Letter in his favour, whereby, and by the Rector's mediation, he obtained the place. Such an Affront put upon a Rector by a Bachelor of Arts, the Libeler (judging of the Rector's mind by his own) thinks sufficient to make him declare, That he would upon that account compass Mr. Colmer 's Expulsion: but this revengeful, malicious Old Man (as somebody charactered him) was so far from it, that he gave him not the least reprimand in word or countenance: yea, whereas he had now time to take his Degree of Master of Arts, but could not have it without the Rector's consent, and the denial of it would make him sick of his Fellowship, which would not be so advantageous to him, as the hindrance of his Practice of Physic would be prejudicial; the Rector was so far from denying it, that he did not put him to the trouble of ask it, but consulting his (then supposed) Modesty, frankly gave him his Letter to the Sub-Rector (themselves being then in Devonshire) whereby he had his Degree: nor did he afterward change his Countenance toward him, till he found him named Father of a Bastard. 2. The other Cardinal Falshood, viz. That the Visitation was held on purpose to free the College from an intolerable Rector, is sometimes contradicted by the Accountant himself, particularly, p. 11. His Lordship was sworn to preserve the Rights of his See; and This of receiving Appeals, and Visiting of Exeter College, was not only one of them, but so much the more necessary to be preserved, as his Lordship's Diocese hath a more than ordinary relation to That College. Again, The enormous Crimes of the Rector are sometimes made the Cause of the Visitation, and sometimes the discovery of them are gloried in as the Effect of it. Were it fit to follow the Author's Example, by exposing him for his notorious Falsehoods, as he hath laboured to do the Rector for his pretended Crimes; he hath been very liberal in giving occasions; but this were to honour the Scribbler with a supposal, That the Reader would think it worth his time to know what kind of thing he is. We shall therefore so far only take notice of him, as may suffice to clear the Rector from the Crimes objected; which come under two Heads, Heresy and Immorality. 1. Concerning his Heresy, thus talketh the young Man, that is not of standing sufficient to study Theology: P. 22. Not long before this time, an Heretical Book, entitled the Naked Gospel, was Published by Dr. Bury, wherein he endeavours to confute the Divinity of Christ, and to expose it. Dr. Bury denieth that he can properly be said to have Published that Book; and again, he professeth, that he never denied the Divinity of Christ. He declareth his Faith to be no other than that of the Church of England; and renounceth any word, which in that, or any other Book, may seem to contradict it. Yea, he thinketh manifest, that the Author of that Book is so far from denying the Divinity of Christ, that he plainly asserteth it, and that in many places; which for brevity's sake may here be omitted; One, if a plain one, being in this case sufficient: And such an one we meet in Chap. 11. in the comparison which he there maketh between the Full Assurance of a Christian, and the Faint Hopes of a Heathen, in the great Article of a Resurrection. He considereth the great difference between the Persons in whom the One and the Other believed. Seneca called his Master's Great Men; but (saith this Book) Our Author of the Gospel was not only Great, but Infinite. Whatever expression, unsuitable to so plain an Assertion, may drop from an hasty Pen, aught to be thereby interpreted; and imputed, not to the Author's settled Opinion, but his too great heat, in a Question which indeed did not concern the Divinity of Christ, but the Manner of his Generation: For the Former was on both sides acknowledged; the Later was the whole Subject of the Dispute, which Constantine's Letter so often calleth silly. Whoever readeth That Book with Application and Judgement, will find that the design of it is only to disable Human Authority from imposing upon our belief more Doctrines than our Lord or his Apostles declared to be necessary; that so, by a due confinement of Faith, Charity may be enlarged. And if this be an Heresy, it is so good an one, and so generally embraced, that no man needs be afraid or ashamed to own it. And in the particular Doctrine of Christ's Generation, whatever is intended in the Naked Gospel, is summed up by Dr. Wallis, (whose strict Orthodoxy was never yet questioned) near the Close of a little Treatise, lately by him published, concerning the Doctrine of the Blessed Trinity, in this Parenthesis, (For neither hath God distinctly declared it to us, nor are we able fully to comprehend, nor is it necessary for us to know.) This once well observed, the Naked Gospel must be acquitted from Blaspheming the Divinity of Christ; and for the charge of Exposing it, there is no other evidence pretended, but this, That he is sometimes styled a crucified Vagabond: He is (indeed) once, and but once so styled, and that is in the Introduction; in which place the Author plainly personateth an Infidel, that he may convince him. The Argument is drawn from the incredible disproportion between the meanness of our Saviour's appearance in his Life-time, and the Triumphs of his Cross after his Death: In which kind of Argument, by how much more emphatically the former is depressed, by so much the more powerfully the Inference is, exalted, and our Saviour's Divinity proved: The Jeweller doth not diminish the value of his Diamond, when by the blackness of a Foil he setteth off its Lustre. What followeth, That the Godhead of our Saviour is declared to be an Impertinent and Dangerous Speculation, is answered by the now mentioned distinction; the overlooking whereof is the true Reason, both of the libeler's and many other men's mistakes. Those Fathers, who were the most earnest assertors of the Doctrine of Christ's Divinity, were also the severest censurers of Curiosity concerning the manner of his Generation, which is the proper design of this Author. He never was either so unjust as to pretend to a sole, unqualified, and incommunicable power; nor so Foolish as to claim it from those words in the Coll. Stat. Sit unus Rector. That the whole System of the Socinian Doctrine, is by this Plagiary transcribed and made his own; if it be true, is an evidence that the Rector is not this Plagiary; for he protesteth, that in his whole Life he never spent so much time in reading Socinian Books, as, put all together, would amount to one day. And to some it may seem wonderful, that so young a Scribbler, should be so skilful in the Socinian Doctrines and Arguments, when, by the Law, none under the quality of a Dean are permitted to read such Books. If the Rector ordered this Book to be Printed, he never ordered it to be Published. If he intended to have presented it to the Convocation, it was to have been done, not openly, but within doors; that so from the Principles of the Gospel, they might be induced to enlarge their Charity, at a time when all the Christian World expected it from them. If he made Alterations, it was to remove Offences, which might be taken by some of the Vulgar, for whom it was not calculated. II. WE are now come to the second part of the Charge, his Immoralities. P. 24. This Book of the Rector's was not more complained of to the Visitor, than his Life; and his Morals discredited the College no less than his Speculations. A heavy Charge! But how proved? Even by the contents of such false or frivolous informations, as were given in the Visitation itself. The weight and truth of them we shall quickly find a fit place to examine; we may at present judge of the honesty of the Accountant, by observing how he contradicteth himself, in making these pretended Exorbitances the Cause of the Visitation, that thereby they might be reform; and yet the Discovery of them the Effects of the Visitation, wherein they were (his Lordship saith) detected and proved. What! Can they move his Lordship to undertake so great a trouble, before they were detected? or could they be said to be detected before him in Visitation, if they were so notorious before he resolved to Visit? No less gross is the Anachronism which followeth: So that the Dissensions of the Fellows, upon these arbitrary proceed, grew high; and without the interposing care of the Visitor, there was no prospect of quiet or agreement. Never was there a deeper Calm in the College, till its Peace was disturbed, first by Mr. Colmer's Appeal, and then by the Visitor's Interposition. From that very day, wherein it appeared that his Lordship would be concerned, the Juniors threw off the respect which either Statutes or good Manners made due to their Seniors and Officers; and by this Visitation, the disorder is raised to such a height, as alloweth no prospect beyond it, without the interposition of a greater Power. What followeth is ridiculous. It was easy now (when nothing of danger appeared) to foresee, that nothing could put a stop to the ruin of the (Prosperous and Peaceful) College, but a Visitation; no other way of reforming these (unknown) enormities; or of composing these (unmade) divisions; no other method could prevent the change of this Nursery of Religion into a Seminary of Socinianism, whereof it was not in the least danger; and therefore his Lordship was resolved to strain the great trust reposed in him, by exercising a Power which none of his Predecessors ever pretended to. Whatever is said either before or after this, concerning the Rector's carriage toward the Visitor, can make him no more Criminal than the majority of the Society, who joined with him in every step, and that by advice of Counsel. The proper weight of his Charge must lie in those many enormous Crimes, which the Visitor in his Sentence declareth to have been detected and proved before him, whereof we are obliged to the Accountant for a Catalogue. But they are such as may be blown off with a puff of breath without a solemn Answer. 1. That the Rector was the reputed Author of a Book called the Naked Gospel (which is not proved to be either Schismatical or Heretical) That he sat at St. Athanasius 's Creed in the Chapel (twice or thrice at most) That he was generally suspected of Heresy (without any occasion by him given) And did not read Prayers so often in the Chapel, as by Statute he is obliged (yet as long as his sight enabled him to do it without Spectacles, he constantly read the Communion Service every Month. 2. He pretended to an Arbitrary Power over the Fellows, and put some of them out of Commons for obeying the Inhibition of the Visitor in Mr. Colmer 's Case. He never pretended to an Arbitrary Power; and in Mr. Colmer's Case he did but his duty, having no better way to put him out of the College, when Expelled, than by Suspending him that kept him in it. 3. That he sold Places and Offices in the College, particularly those of the Cook and Butler. Those places are more profitable than the Rector's own, and therefore worth purchasing. It was done about Twenty years since; was approved of in a Visitation held about Fourteen since by Dr. Master; is countenanced by a Statute, which taking away the Mancipal's place, alloweth the Rector 10 l. 13 s. 4 d. in compensation for his loss of the advantage which had belonged to him by the disposal of it; His predecessors had openly practised it; and Harding himself (if interrogated) must have declared that his Father bought it of Dr. Prideaux. The Cook and Butler (when examined) deposed, That the Rector, when he took the Money of them, told them it must be laid out in College-building (which the Accountant thought not fit to take notice of). By valuation of Workmen it appeareth, that the Rector added to it 500 l. out of his own Purse: and he can give account of 200 l. more, not by them known. He proposed the illegal exaction of Bonds from the Fellows who thereafter should be Elected, whereby they should be engaged to seek no reparation if he Expelled them. To propose any thing to the Fellows is no Crime, He did this by advice of Counsel; it is practised in some other Colleges, and our present trouble maketh it advisable in ours, so to avoid future Appeals, not if the Rector, but if the Rector and his Statutable Assessors should expel any. 4. That he was by public fame, upon probable Grounds, suspected of Incontinency. For this Information he is to thank Mr. Colmer, and will answer it anon. But how can those answer their breach of Oath, who spoke nothing of Mr. Colmer's Incontinence, not only upon probable grounds supposed, but by plain evidence proved. 5. That Dr. Hearn having a Parsonage above the value limited in the Statute, kept his place contrary to the intent of the Founder. The Rector had a controversy with Dr. Hearn concerning it; the Vicechancellor, now Lord Bishop of Bristol, had the hearing of it; he determined that we must not act by the intent of the Founder, but the Letter of the Statute; and that by the Letter of the Statute the Rector could not void his Fellowship: He therefore, according to his obligation, acquiesced in that Sentence. 6. That Mr. Vivian was Elected into Mr. Colmer 's place, being then full. That Place was both vacated, and filled by direction of Statute. 7. And Lastly, That Divinity Disputations were seldom held; The Philosophical Lectures performed by Deputies; The Catechists Duty not observed; and in short, the whole Discipline of the College neglected. The Rector laboured hard to have Divinity Disputations duly held; but neither he nor his Predecessors could effect it; partly by reason of a Decree which obliged the Commoner-Masters to be equal therein with the Fellows; partly by absence of Fellows when their turns came. That Philosophical Lectures were performed by Deputies, hath no colour of blame. That the Catechists Duty was not observed, is a crime beyond memory; the stipend being but 20 s. and the Duty not clearly expressed. That the whole Discipline of the College was neglected, is a Charge too general to be either Believed or Answered. 2. After such discoveries of such Crimes, little will need to be said of the Sentence, which in Latin speaks thus,— Propter ejus manifestam & multiplicem Contumaciam, & circumstantiis variis aggravatam in non submittendo se Visitationi nostrae Ordinariae sed contumaciter se absentantem (quod quidem repetundarum & criminum aliorum enormium, imò Haeresis metu fecisse videtur) which may thus faithfully be translated into English,— For his manifest and manifold Constancy, aggravated by the concurrence of the greater part of the Society, in not submitting himself to our Vnstatutable Visitation, but constantly absenting himself, which he seemeth to have done, for fear of being found a Benefactor to his College, and for a few other frivolous miscarriages, part falsely suggested, part insignificantly proved, yea, of the charitable Heresy of the Latitudinarians, who Teach, that a Man may be saved if he believe all that our Saviour and his Apostles declared to be necessary. This better deserveth the name of an Account, for it is a faithful one; of, 1. The Innocency of the Rector, in whose Twenty five years Conduct no greater faults could be found. 2. The Officious malice of the Informants, who would rather play such small game than sit out. 3. The unreasonableness of the Accountant, who maketh such outcries for nothing. 4. The exact Justice of the Visitor, punishing the same contumacy in the Rector with Deprivation, and in the equally guilty Fellows, only with such Suspension as might disable them from defending him; and all by the extraordinary power of an Ordinary, now first heard of in the College, and practised upon a person whom himself had put out of his Jurisdiction if he had any. The parity of Reason therefore which is pretended between the Rector's Case and Mr. Colmer's, alleging, that the one may no more Appeal than the other, is utterly void of Reason: For in Mr. Colmar's Case, both Judges and Crime are statutable; but in the Rector's, neither the one nor the other. And his Story, That the Rector openly declared, that he would not acquiesce in the determination of Their Majesties in Council, is equally void of Reason and Truth. And indeed, the Art of that Paragraph is admirable, if it can impose upon any considering Reader; for he so wordeth it, as to accuse the Rector for declaring he would not submit to His Majesty in Council, yet excuse the Visitor in case he should do the same. Application to Council (saith he) in things of that Nature, hath always been warranted by Custom; the Precedents of their Final decisions are not few: There's for the Rector. But for the Visitor, the softer word Arbitrations is added to Decisions; and their Orders have been usually, by mutual consent of both Parties, obeyed.— Whether their Lordships did not think this Cause to fall under their cognisance, or upon any other motive (which being things secret and uncertain, it is not proper to inquire into) their Lordships thought fit wholly to dismiss this Cause from that Board, and to refer the Visitor to the usual course of Law. All this is for the Visitor, whose Petition was dismissed in the same manner, and upon as full a hearing, as in Chancery any Complainants Bill is dismissed when his Cause appeareth to be bad. Yet was the Rector never so rudely insolent, as to say that he had laid the Visitor upon his Back. But now, since in this entangling Paragraph things are spoken for the Power of that Honourable Board, that the Rector may appear disobedient; and some for diminution of That Power, that the Visitor may be excused; how can it be prevented that these different Assertions should not mistake their way, and so his Lordship bear the blame which was intended for the Rector, and the Rector be justified by what was intended for the Visitor? Nothing appeareth but mere confidence that his charms have so enchanted the Reader, that he cannot believe any good of the One, or any ill of the Other; and an impotent malice to the Rector, whom he would not forbear to calumniate, though his Lordship might suffer equally with him. But the plain matter of fact is this: His Lordship, upon the College's refusal to submit to his Visitation, made his complaint to that Honourable Board: yet now, that the College (following his example) complained of his Unstatutable Proceed, and Her Majesty, then personally present in Council, ordered that his Lordship should send his Answer in writing with all convenient speed; which Order was presented to his Lordship on the 22d of August: yet hath he not taken any notice thereof; and those of his Party in the College say, That his Lordship declareth (as this Writer falsely saith the Rector did), That the Council hath no Power to determine it. On the contrary, the Rector always did, and still doth declare, That ever since there was a College in England, His Majesty's Predecessors have been acknowledged Supreme Visitors in them all; That there are many Precedents of their determinations of all kinds of Controversies, and in all kinds of ways, sometimes in Council, sometimes by references to persons appointed by themselves, sometimes by Letters, etc. But never any Precedent of mutual Consent of both Parties. And he addeth, That however other Subjects may claim to have their Rights determined by course of Law, yet with Societies of Students the case is very different. For the continuance of dissension during so tedious a time, may probably be more mischievous to such a Corporation, than any quick Sentence. And he professeth, that were not the Interest of his College wrapped up in his own, he would rather choose to be ruined by a speedy Order of that Honourable Board, than indemnified by keeping his College so long in the disorder it now groans under, which in half an years time will do it more mischief, than can be repaired in a whole Age. And for his poor College, he cannot avoid pleading, that it appeareth very strange, that One should suffer for refusing to submit to a Power, which since the foundation of the College, till now, was never Claimed; and another triumph in refusing to submit to a Power, which till now, was never Questioned. THE Rector thus vindicated from the Sentence of the Visitor, it remaineth that he be so from an Information of the Author, so agreeable to his good humour, that he cannot forbear to suggest it, though in good manners (forsooth) the modest man will not expose it. Concerning the fourth Article (saith he) three Affidavits were taken, which out of respect to the Rector's Character, it is thought fit at present to conceal. How! Three Affidavits! A Bishop by the Apostle's Rule may receive an Accusation against an Elder by Two or Three Witnesses. And if there be Three, concerning a Crime which of itself the Statute maketh sufficient for deprivation, what needs the superfluous trouble of hunting about for other petty Informations to make up an accumulative Gild? And (which is yet more unaccountable) when the Visitor in his Sentence so apparently straineth for a competent Crime, why is not This once mentioned, which would make so considerable a Figure among so many Ciphers? That it was not reverence to the Rector's Character, but his Own, which made his Lordship ashamed to mention so gross a Story, and nothing but malice could tempt the Author to do it, when his Lordship had not done it in those Proceed, whereof the Title Page professeth an Account, will appear to any honest judicious Reader by the Relation which we shall now give of it. About 20 years since, the Rector took pity of a Country Woman of his (one Thomasin) who by marriage with an Idle, Drunken Fellow (one Ferdin. Smith) was fallen into extremity of want: he gave her such Employments in the College as enabled her to maintain Him, herself, and Children. The Rector, with his Wife and whole Family, spent a good part of the Summer 1688. in Devonshire; he was obliged to be at the College at Allhallontide; thither therefore he came, leaving his Family in Devonshire, with intent to return to them as soon conveniently he could, and winter with them there. But by the happy unexpected coming of his present Majesty, then P. of O. the Country being full of Soldiers, he was necessitated to delay his return two months longer than he intended. Being therefore loath for a short and uncertain time to take a Servant into Covenant, he spoke to this Woman to get somebody to keep clean his House, etc. by the week. She sent him the famous A. Sparrow, whom after some week's patience he complained of, and said, he found he needed a better Servant, and one that might be in his House at all hours: To the same purpose also he spoke to Mrs. Wells, who got him another, which when he told Thomasin of, she dissuaded him from taking her, because she was ill conditioned; and recommended her own Daughter, who had formerly been his Servant, and was then at home with her Parents. He took her, and being now a Housekeeper, took home one Grace Weeks, (whom at breaking up of House, his Wife had put to a Boarding-School in the Town, and kept her in his House while the Town was full of Soldiers. Presently after Christmas, he returned to Devonshire to his Family, and soon after his return thence to Oxford, he found this Woman's Husband so impudent as to take upon himself to Father a Bastard, though it were plain he was in Cornwall when it was begotten; and to refuse to answer such Questions as the Rector proposed to him in order to the finding out the True Father; The Woman herself also prevaricating in her Answers, he took away one of her Places, threatening to deprive her of the other also, if her Husband would not undergo examination upon his voluntary Oath, or otherwise discover the True Father of the Bastard; and after some month's time was as good as his word, notwithstanding some threats which were brought him from her, of something that should be sworn against him. When his Lordship came with such an high hand to visit the College, and everyone doomed the Rector to expulsion; whether in hope of favour from the Future Rector, or an itch of revenge upon the Present, or to gratify their good Master Colmer; or whatever other Reason, the Mother, Daughter and Son, combine to disgrace and ruin their Old Master. The first and greatest blow was to be given by the Daughter, who would swear that he tempted her to Incontinence at the time when she was with him in the House, above a year and half past; he being at that time threeescore and five years old. As soon as this Trull discovered her intent, two of the Seniors, and two of the Juniors of the Visitor's Party made this Address to him. May it please your Lordship, We whose names are under-written, do humbly beseech Your Lordship, not to give credit to, or take any notice of the Testimony of Mary Smith, or any of her Relations, in order to the proving Mr. Rector guilty of Incontinence with her, or any other: for we are verily persuaded it is a mere Forgery, and done out of Malice. Rich. Hutchins, Rob. Ratcliff, Hen. Northcot, Fran. Webber. This is a competent Answer to Mr. Colmer's 4th Article: For if the Rector were before this by public fame, upon probable grounds, suspected of Incontinence; that must have made the present Information credible, so far at least, as to have discouraged them from such an interposition. The Daughter's Affidavit is indeed very particular; and that it might be strengthened by some auxiliary Evidence, Grace Weeks is vouched for a Witness, and a Mole in the Rector's Foot for a Token. Grace Weeks the Visitor very kindly examined, exhorting her not to spare the Rector, because it would be for his good to have his Lewdness discovered: but finding her constant in clearing him, believed (it seems) his Compurgators had reason for their confidence. Yet he constantly interrogated all that were brought before him, and had used to come to the Rector's Lodgings, Whether they knew any ill concerning him? The Mole is no competent Token, for it is proved not to have been a Secret. The Mother's Affidavit voucheth Mrs. Wells and Goodwife Harper: The former cleareth the Rector by Affidavit; the other by Word before Witnesses, there being no means to compel her to make Oath, and she being fearful to be undone, as others had been, if she should do it voluntarily. The Son telleth an insignificant Tale of the Rector's sitting in a Settle, and then going out into the Kitchen with one Martha Wotton, who maketh Affidavit, That she believeth the Rector to be as chaste as any man whatsoever. This good Family have neglected no means to get some strengthening to their own suspected Testimony, they have hunted about the Country, to try if by any means some one that had lived in his Family might be brought to Witness against the Doctor Particularly Joan Richardson, the Sister of one Elizabeth Terry, told one Elizabeth Austin that Thomasin Smith came to her Mother and her, to inquire where the said Betty Terry lived, and asked if they thought she could say any thing against Doctor Bury, which if she did, she should be well rewarded: But the said Joan told the said Elizabeth Austin, that she would not tell the particular reward which was offered. This Elizabeth Terry testifieth that she lived in Doctor Bury's House a whole year, and never saw any immodest or indecent carriage in him toward herself, or any other body. But poor people affrighted at the undoing of others for swearing truth, though compelled to it by Warrant from the Vice Chancellor's Court, are very hardly induced to say any thing, for which reason the Mother and Sister of Elizabeth Terry will not speak what they know. Lastly. Since the whole force of the Accusation dependeth upon the single and contradicted testimony of one Wench, it is worth heeding that she is an infamous lying Creature, and proved so by some Affidavits annexed, to which many more might have been added had there been need. And now what more in such a case can be expected to clear an innocent man, from the malicious slander of a Revengeful Woman? The Rector superannuated, the Wench infamous, the whole Family revengeful, every word of either of their testimonies disproved, endeavours used to get others to corroborate their lying accusations, the Visitor convinced, etc. Though the Rector hath met with as much severity in the world (perhaps) as any man of his quality, yet he hath reason to expect that this scandal should rather turn to his Credit, than Disgrace, notwithstanding the sticking quality of this kind of filth. ANd now before he leaveth the Stage, on which the Author's malice hath exposed him, it is thought fit to give some account how he hath provoked the Younger, Loser, and Busier Part of the University, to persecute him as they do. When Oxford was rather a Garrison than an University, he did his little to serve King Charles I. by labouring in the Works, and watching in the Guards, as a Soldier in the University Regiment. When the prevailing Party sent Visitors to the University, he refused to submit, and for that, and reading Common Prayer in the Chapel, was driven out of Town by a file of Musquetiers. (What malignant Star visited this poor man's Birth, that He only since the Creation of the World should be twice expelled out of the same College for the same Crime (I should have said Merit) faithfulness to his Duty.) Thus expelled from his Fellowship, he went into the Country, where with his sequestered Father, without any sinful compliance with the prospering Party, he weathered out that troublesome time. Upon Restauration of the Kingly Government, he was proffered preferment more than eight times the value of this Rectorship: But just in the nick, some of the Fellows (whereof one was Mr. Paynter, his new elected Successor) made complaint to the then Bishop of Exeter (Doctor Ward) that the Rector must be removed, or the College ruined. The present Rector was by a Friend persuaded that it would be a very meritorious Work if he would take the place: It was contrived that be should quit his proffered preferment, part whereof should be given to the Rector in exchange for his Rectorship: In this agreement the Society of the College had not been consulted, and when it came to be put in practice, would not consent to it, none more opposing it than Mr. Paynter, who thereby lost the pleasure of seeing a Rector expelled. This present Rector therefore begged the Bishop to leave him to his former course: He said he was ready to exchange a Preferment that would maintain him, for one that would need maintenance; but he was loath thereby to purchase an uneasy life among those that would hate him for it. The Bishop was too far engaged to retire, expressed great anger against the now Rector for mentioning it, and brought him to the Archbishop (Sheldon) who promised, that when he had done this good office, he should not be long left in the place. He was therefore constrained to submit to be elected upon the King's Mandate. This made him looked upon as an enemy to the privileges, not of this College only, but of the whole University: And though in the One by his Conversation and Conduct, he overcame this prejudice, yet he findeth himself not pardoned by the Other. Thus in recompense for having been banished out of his College for Loyalty, he was banished into it for Generosity; obliged to add three pence of his own to every penny he received for his maintenance in that Station; wherein notwithstanding, he sat down contented, without the least endeavour for advancement. And as for his behaviour in that costly place, this is the sum of his Socinianism and Arbitrary Government. He publicly in the Chapel told the whole College, that by the Canons of the Church, they were obliged to bow at the Name of Jesus; and whereas formerly there had been only annual Communions at Easter, he made them monthly, himself always Consecrating. Whereas they used in rustic manner to sit when Psalms were reading, he assumed not Arbitrary Power to Command, but Persuading some of the best inclined to join with him; by his own and their example he shamed the rest, and so brought all to stand up. Whereas there had used to be a Psalm in rhythm sung after the Chapter, he caused the Hymns regularly to be read: And hoping to get them sung as they are in some Colleges in Cambridge, at his own cost set up an Organ in the Chapel: But this design failed, partly for want of maintenance for an Organist, partly because the company join not their voices when there is one. This is the true account of his indifference to Orders in the Chapel, objected by the Libeler. Then for Discipline in point of Manners: Whereas Tutors had long neglected to bring their Pupils to Prayer in their Chambers, or take any other account of them at night, by which neglect they had free liberty to be drunk: To supply this defect, he proposed to the Society, and had their consent, to have Prayers in the Chapel at nine of the Clock; where by having a view of every one that was present, and a Note of every one that was absent; and by exacting an account of the reason for which the absent were so, he immediately effected a visible change in point of Sobriety, which continued till this Visitation did not only Slacken but quite Break the reins of Government, and then the young men took liberty to be more debauched than ever, and in gratitude joined together against the Ruler and other Officers. For oeconomy, he found the College plunged in debt, but had now not only freed it from debt, but stocked it with some Money to defray the Expenses which our Patron doth now necessitate us to undergo. His own Lodging was so unhabitable, that he was fain to hire the House which his Predecessor (Dr. Prideaux) built, designing to leave it to his Successors, but necessitated to leave it to a Daughter. He so altered and enlarged it, as to double his Lodging, and make it suitable (at least) to the quality of the Inhabitant. College Chambers were so scarce and bad, that a Fellow must have six or seven Juniors before he could have one free to himself, as every one now hath by raising a Pile of Building upon a disgraceful waste corner. This was done partly by Contributions of Gentlemen that had formerly been of the College, partly by Entrance-money of Fellow-Commoners with consent of the Society, partly by the Rector's own. And for a further reception of young Gentlemen, and augmentation of the Rector's Maintenance by the Rents, out of his own Purse he added an equal Pile of Buildings adjoining thereto. Thus hath this unhappy Man spent and been spent about five and twenty years, to the impoverishment of himself, as well during the whole course of his Government, as at his first entrance upon it; and his love to his College is so unalterable, that however grievous it may seem to leave those advantages to a Competitor, which he purchased for his lawful Successors; yet he would rather do it, than be an occasion of damnifying his beloved College by an expensive defence of his right, were it not a greater damage to it, to be spoiled of its Privileges than to spend its Money. Depositions and Certificates. The Deposition of Grace Weeks, Spinster, taken before Sir William Walker Knight, one of their Majesty's Justices of the Peace for the City of Oxford, September 13. 1690. THis Deponent saith, that while she was lying in Bed with Mary Smith in the Rector's Lodgings at Exeter College in Oxford, she the said Mary did tell her the said Grace, after her awaking in the night, that some person had come into the Bed where they lay; but she, the said Grace, did neither see, nor feel, nor hear any such person; and she then told the said Mary so, who then said to her, perhaps it was Richard (meaning the Rector's Servant of that name) and if so, said she, we shall know to morrow. And she doth further Depose, That Dr. Bury did never show any uncivil, or unbecoming behaviour towards her the said Grace. And this Deponent doth further say, That when she was Summoned by the Bishop of Exeter in the late Visitation at the said College, and Examined by his Lordship, whether she knew any lewdness by the Rector, she the said Grace replied, That she never did; and she did then offer to swear so much; but his Lordship said, being a Gentlewoman she should be dismissed. And she doth moreover Depose, That she having blamed the said Mary Smith at the time of the said Visitation, for her Information against Dr. Bury, as being false, she the said Mary replied to her, Malice shall have revenge. Grace Weeks. Die & Anno praedict' supra scripta Gratia Weeks Juramentum prestitit, tactis per eam, & deosculatis S. S. Christi Evangeliis coram prefato Venel' Viro Gulielmo Walker milite de veritate permissorum. Ita testor Ben. Cooper Not. Publicus. The Deposition of Mary Wells Wife of Thomas Wells, Cook, taken before Sir William Walker one of their Majesty's Justices of the Peace for the City of Oxford, upon Oath, Octob. 8. 1690. THIS Deponent saith, That she lived as Servant about seven years in the Family of Dr. Bury Rector of Exeter College, and has much frequented his House for about twelve years since she left his Service, and in all that time she never knew any dishonesty by the said Rector; or that he had ever shown the least indecent behaviour towards her, nor did she observe him to be rude to his Servants, or to use any immodest words, but that he was of a sober and regular Conversation, and took great care that his Servants should frequent the Church and Prayers. And this Deponent further saith, That when Katherine Wakeham, being a Servant in the Rector's Family together with this Deponent about twenty year ago, did appear to be with Child, she the said Katherine being called upon to declare who was the Father of her Child, did answer, that the Father of the Child should himself confess it, as this Deponent was then informed; and she saith, that the next Evening after, while this Deponent was drawing Drink in the Cellar of the Rector's Lodgings, a young man who waited upon the Rector came to her, and with trembling begged her to make his peace with the Rector and his Wife, or he should be undone, for that Katherine Wakeham had laid her Child to him. To whom this Deponent replied, That she believed then that he was the Father of it; whereupon he confessed to this Deponent, that he had lain with the said Katherine several times. And this Deponent also saith, That the said Katherine did declare him, the said young man, to be the Father of her Child; and though this Deponent did press the said Katherine to own whither she had lain with any other man besides him the said young man, yet she did not own to her that she had, nor to any other that she heard of. And this Deponent saith, That she did always think that the said young man was Father of the said Katherine's Child; and that he provided for it, and that after it did appear the said Katherine was with Child, and that the said young man was Father of it, they were both on that account turned out of the Rector's Family, and that she never knew any of the Rector's Servants happened to be with Child besides Katherine Wakeham aforesaid. The Mark of Mary Wells. In Cancellar ' MArtha the Wife of John Jagoe, Clerk, and Daughter of Robert Wotton of Oxford, maketh Oath, That she never did know Dr. Bury Rector of Exeter College, to be guilty of any immodest Carriage in word or deed; But she believeth him to be as chaste and honest as any man whatsoever. Martha Jago. Jurat' apud Wendron in Com' Cornub' Vicesimo quarto die Septemb. Anno Dom ' 1690. Coram me Rich. Remfry Martha Jago. The Deposition of Mrs. Frances Guise of Abload's Court in Gloucester-shire, taken upon Oath before Sir William Walker, one of Their Majesty's Justices of the Peace for the City of Oxford, September the 18th. 1690. THis Deponent saith, That living in the Rector's Lodgings of Exeter College in Oxford, that Thomasin Smith (Mother of Mary Smith) when the said Thomasin Smith was in danger of being turned out of her Employment in the said College, came to this Deponent and threatened, that if the said Thomasin and her Family were put out of the College, there would be Swearing against the Rector: And this Deponent ask her, what would be Sworn? she the said Thomasin answered and said, that the Rector had come to bed to her Daughter Mary and Mrs. Grace Weeks; upon which this Deponent went immediately to the said Rector and acquainted him with what Thomasin had said, and the said Rector replied, he would not be frighted out of his duty, and this Deponent pressing the said Rector, what ground there was for it? he answered, Nothing but pure malice and invention: But, said he, for your satisfaction, ask Grace Weeks, which accordingly this Deponent presently did; and the said Grace did protest to this Deponent, that if she was to die the next minute she did not know that ever that Rector came to bed to her, and the said Mary Smith; but only that Mary Smith told her one night, that she thought that some one had been in the Bed with her, and that they two had talked together their several imaginations. This Deponent further saith, that before and after that time she hath seen the said Thomasin very much enraged against the said Rector, saying he would and had taken away the Bread out of their Mouths, and could do them no greater spite, unless he would hang them. And this Deponent further saith, That several years passed she has seen the Mole in the said Rector's Foot, and hath often heard him say, That if he was lost, he might be known by that Mark. Jurat coram me William Walker. Frances Guise. The Deposition of Elizabeth Weeks Spinster, taken before Sir William Walker Knight, one of their Majesty's Justices of the Peace for the City of Oxford, September the 18. 1690. THis Deponent saith that about two years since as she was waiting upon the Rector of Exeter College, and his Wife: Her Master and Mistress at their going to bed, she saw the Mole on the foot of her said Master, and that she did not think it to be a secret. Jurat coram me William Walker Elizabeth Wyks. The Deposition of Edward Strickland Apothecary in Oxford, taken before Sir William Walker Knight, one of their Majesty's Justices of the Peace for the City of Oxford, September 18. 1690. THis Deponent saith that Mary Smith having been for some short time Servant in his house, was while she lived there very much addicted to lying, and did practise it so frequently, that those of the family could not believe any thing that she said, and this Deponent further saith, that the said Mary did use to keep ill company, and particularly that she went from the house of him the said Edward with a young man, who was said to be expelled from his College, and that she stayed away all night, and did never return again to her Master's service. Jurat coram me William Walk Edward Stricklnad. The Deposition of Mary Strickland of Oxford taken before Sir William Walker Knight one of their Majesty's Justices of the Peace for the City of Oxford, September 18. 1690. THis Deponent saith that she observed of Mary Smith, who lodged at her house while she was servant to Edward Strickland, her Son-in-law, that she was so much addicted to lying that no credit could be given to any thing that she said; and this Deponent further saith, that the said Mary used to keep ill company, and also that she was much given to swearing, and that she did endeavour to get belief to her lies by addition of Oaths. Jurat coram me William Walker. Marry Strickland. I Catherine Wiggins of St. Peter's, in the East, in the City of Oxon, do certify all persons to whom those Presents shall come that Mary Smith daughter of Ferdinando Smith, my late Boarder, and Scholar is of a lose Life, and Conversation much addicted to Swearing and Lying, wishing sad wishes upon herself and others, and told me she was a Night-Walker, and burnt eighteen Faggots in one night, and confessed that she with her confederates stole from me a Vessel of strong beer, which Vessel of strong beer was stolen from my house, and many of my School-Scholars were kept from me, as I conceive by reason of her dishonesty and ill behaviour, and I had several other goods taken out of my house feloniously whilst she was with me, all which I do say, and can safely depose upon my Oath to be true, Dated under my hand September 22. 1690. Ann Wiggins. The day and year abovesaid, the said Katherine Wiggins came before me, and did voluntarily depose that the aforesaid Certificate is Truth: Richard Hawkins, Mayor. ANn Hale of the Parish of St. Peter, in the East in Oxon Spinster, the day and year abovesaid deposeth that the said Mary Smith, acknowledged that she and her Confederates stole a vessel with strong beer from the house of the said Catherine Wiggins. Ann Hale. Jurat die & anno super dict. coram me Richard Hawkins, Mayor. I Anne Harper the wife of William Harper of the City of Oxford Maltman do hereby certify all whom it may concern, that I never had any acquaintance with Dr. Bury the Rector of Exeter College neither did I ever see him unless it were in the Streets: Nor did I ever know any harm of him in all my life: Nor did I tell any ill thing of him to Thomasin Smith. All this was owned to be true in presence of us October 9th. 1690 Frances Guise Ben. Archer Elizabeth Wykes Octob. 9 1690 THese are to Certify all whom it may concern that I Elizabeth Terry lived as a servant in Dr. Arthur Bury's lodgings at Exeter College a whole year and in all that time did see no indecent or immodest behaviour of the said Dr. Bury towards me or any other body, which I am ready to testify upon Oath when I am thereunto lawfully called. The mark of Elizabeth Terry. I Elizabeth Austin wife of William Austin Butcher of the Town of Cumner in the County of Berks, do certify whom it may concern that Jean Richardson Sister of Elizabeth Terry told me that Thomasin Smith came to her Mother and her to inquire where the said Betty Terry lived, and asked if they thought she could say any thing against Dr. Bury the Rector of Exeter College, which if she did do she should be well rewarded; But the said Joan did say that she would not tell me what they were offered. Witness my hand. The mark etc. Octob. 11. 1690. The Deposition of Elizabeth Roberts Widow taken before Sir William Walker Knight one of their Majesty's Justices of the Peace for the City of Oxford, upon Oath October the 9 1690. THis Deponent saith that she did never use any means for persuading Ann Sparrow to lay her Child to Mr. Colmer or any other man; and she farther saith, that when she was sent for by the Lord Bishop of Exeter at the time of his late Visitation in Exeter College there was nothing objected against her concerning Ann Sparrow nor any question put about her. But that this Deponent was then asked whither she knew any harm (or words to that effect) of the Rectors house, to which this Deponent answered that she did not, and was thereupon dismissed. And this Deponent saith further that when Ann Sparrow was in Oxford, she asked her the said Ann Sparrow if ever she had persuaded her to lay her Child to Mr. Colmer, to which she answered that she never did, nor did she ever say so. The Mark of Elizabeth Roberts. The Certificate of Richard Hedges Cook, October 9th 1690. I Richard Hedges Cook of Exeter College do dedeclare that in the presentment which I delivered into the Bishop of Exeter, at his late visitation of Exeter College I did say that I gave Mr. Rector fifty pounds for my place, which he told me was to be laid out upon the new buildings of the College, these are the words as near as I remember, but that this is the substance of them I am ready to make Oath when I am thereunto lawfully called: Witness my hand, Richard Hedges. I William New Butler of Exeter College do hereby certify that at my admission into the said Office I paid to Mr. Rector one hundred and seventy Pounds. And he said it should be laid out on building in the College. William New. WE whose names are underwritten having viewed the new Buildings in Exeter College. Erected by Dr. Arthur Bury Rector of the said Coll. at his own cost, namely the Building at the West end of the Chapel, the Addition made to the Rector's Lodings, and the new Stable, according to our best Estimation judge the charges of all the said Buildings to be as followeth; The Building at the West end of the Chapel, four hundred sixty nine pounds four shillings and two pence. The Addition to the Rectors Lodgings, two hundred and sixty pounds. The Stable and Saddle house fifty pounds. The whole sum, seven hundred seventy nine pounds four shillings and two pence. The Valuation of the charges of the Buildings above mentioned was given in upon the respective Oaths of the Persons, whose names are under written before Sir William Walker one of their Majesty's Justices of the Peace for the City of Oxford, September 13. 1690. John Townsend, Mason. William Collisson, Capenter John Wiggins, Plasterer. Ita Testor Ben. Cooper Not. Publicus. FINIS.