AN ACCOUNT OF THE PROCEEDINGS OF THE Right Reverend Father in God JONATHAN Lord Bishop of Exeter in his late Visitation of Exeter College in Oxford.  
OXFORD, Printed at the THEATRE 1690.   

An account of the Proceedings, etc.  
THE Bishop of Exeter hath so tender a regard to the interest and reputation of all the Members of that College, with the protection whereof his Lordship is entrusted; that as he could not easily, without repeated provocation, be induced to pass Sentence against any of 'em; so he was not, without very great reluctancy, persuaded to allow a publication of his proceedings; since however it might vindicate his Lordship's Justice, it must at the same time expose those things to the eye of the world, which his Charity had much rather have concealed. But finding that his late Visitation has occasioned abundance of discourse, and that reports have been generally made more according to the inclination of the Relator, than the truth of the matter, He is at length prevailed upon both for his own and his Order sake, to allow a plain and impartial Narrative of matter of Fact: wherein there are divers circumstances, which might have been fairly represented with great advantage on his Lordship's side; but he rather chooses to have a plain account, with Copies of Authentic Vouchers to confirm it, allowing no reflections but what they make, and to leave the judgement upon the whole matter to the indifferent Reader.  
I shall therefore endeavour in the following Report to imitate not only the Justice but the Moderation and Temper of his Lordship in his proceedings; I shall touch the offences of no man any farther than they justify his sentence; but confine myself to the evidence given before him; and neglect the great advantage of a farther enquiry.  
To try the merits of this Cause there need no niceties of Law; the bare delating of such crimes as were complained of, was a sufficient cause of a Visitation: which had never been obstructed with such open hostility, and so much unaccountable ill manners, nor so wretched a Plea chosen as that to the Jurisdiction of an Ordinary, had there been any other way to divert an enquiry into those actions, which the Persons delated knew could neither be denied nor defended.  
The Punishments have been so easy and moderate, that no man, besides the Rector, has so much as a colour of complaint. Many of those Gentlemen that abetted him are such, as the Bishop could wish engaged in a better Cause, and such as I doubt not, will lay hold on that opportunity, which his Lordship has been pleased to afford 'em, of uniting them-selves to the founder part of the Society; and of owning that Visitatorial power, to which, after so favourable treatment, they are in Gratitude as well as Justice obliged to submit.  
As to the late Rector himself, it is not much to be wondered at, if he still retain a place in the good opinion of some few, who mistake the merits of the cause, having implicitly received an account of the Process from those very persons who were liable to the Sentence: But now when the charge and proofs are both made public; when so many and so great offences appear so plain and undeniable; when the Visitor's enquiry has brought to light a secret practice, upon which the whole University has thought fit to pass so Solemn and so Unanimous a Censure; 'tis reasonable to believe that those only will openly defend his Cause, who secretly abett his opinions.  
Having now said as much as I thought requisite by way of Introduction, I should next proceed to the Visitation itself; and recite the offences that went before it, the opposition that was made to it; the peaceable execution of it at last; and the just, and moderate sentences, that were passed in it. But since the exceptions of the Rector to the Visitor's Authority are chiefly grounded on some former procedures of his Lordship in Mr. Colmer's Appeal; I think it necessary to take the rise of this discourse, higher than I at first designed; and in the following method, to give an impartial account,  
1. Of the Expulsion and Appeal of Mr. Colmer.  
2. Of the Proceedings of the Bishop, and his Commissary upon the Appeal.  
3. Of the Crimes of the Rector, and others, that occasioned the General Visitation.  
4. Of the General Visitation itself: of the Evidence there given; and of the Sentence there pronounced.  
Upon the first head it will appear, that, whether Mr. Colmer be innocent or not, the Bishop had such Presumptive proofs of his Innocence; as must in justice oblige him to receive his appeal; and to grant a re-hearing.  
Upon the second, it will be evident, That the Bishop gave the Rector all imaginable advantage for the Conviction of Mr. Colmer; and consequently, That, if he be guilty, it is a new crime of the Rector, and of him only, that he is exempted from punishment.  
Under the two last heads, The Offences charged upon the Rector, will be fully made out.  
And, throughout the whole discourse, the grounds upon which the Visitor proceeded will be occasionally given; and the cavils of the Rector against his Authority will receive short, clear, and satisfactory answers.  

1 Concerning the Expulsion and Appeal of Mr. Colmer.  
Mr. Colmer was a Gentleman, whose demeanour in the College had formerly been such, that it much recommended him to the favour of the Rector, and his family. The Rector in a printed paper openly professes, that he held a greater familiarity with him than is usual between the Rector, and a Junior Fellow of a College. What were the secret springs either of this intimacy, or of distaste afterwards, as things transacted in a family, we think it not fit to publish, but what appeared above board was as follows.  
About December then 1688, when Sir Kingston stood Candidate for a Chaplain-Fellowship; the Rector vehemently espoused his interest, as knowing that he could afterwards command his Vote, and by it, (as he himself professed) make the division of the College so equal, that the sole absolute power of determination in all causes should fall upon himself. And since, Mr. Colmer, being not ignorant of Mr. Kingstons' manners, and former demeanour in the College, nor insensible of the Rector's design in promoting him, thought it his duty to concur with many of the Fellows in opposing this Election; The Rector openly declared, that he would upon that account compass Mr. Colmers' Expulsion. In order to this, some months after, he charges him privately with incontinence; and endeavours to frighten him into a resignation of his Fellowship. When that project failed and Mr. Colmer insisted on his innocence; and seemed not at all apprehensive of any danger on that account; The Rector accused him before the Vicechancellor; and procured his warrant to summon one Smith before him, and to take his depositions. The Testimony of Smith was so far from charging Mr. Colmer, that it wholly justified his innocence; and the other allegations of the Rector seemed so trivial, and incoherent, that the Vicechancellor thought fit to dismiss the cause. When this design therefore met with no better success than the other, the Rector desisted from the troublesome course of examining Witnesses before a Magistrate, and resolved on a more compendious method of expelling him by bringing the Cause before himself. Accordingly on Oct. 10th. 1689. The Rector called a meeting of the seven Signior Fellows, and told them that the occasion of it was a business in which he was to act the part both of an Accuser, and a Judge; and he might have added, of a Witness too: For, upon the Trial, he accused Mr. Colmer of lying with one Ann Sparrow, who had lately been delivered of a Bastard: and for evidence, he took his voluntary Oath, that Smith after much importunity used with him in his Closet to confess at whose expense he maintained the Woman, desired time to speak with his Friend. This Friend, the Rector was resolved should be interpreted Mr. Colmer; and thence inferred that he maintained the Woman and was Father of the Child, tho' Smith, who appeared at the meeting, avowed, that he knew no such thing of him; and that the Rector misrepresented his words; and mistook his meaning. Upon no other Oath than this, founded upon a false surmise, taken by him, who was his Judge, and professed himself his Accuser, Mr. Colmer was declared legally convicted of incontinence.  
There were indeed other Allegations in this Cause; but those, bare Allegations, without proof; and not sufficient to justify the Charge, if they had been proved. It was said that the Rector's wife said, that a certain maid said to her; That she had formerly said to another Woman, That Mr. Colmer was uncivil to her; But the Maid, that was said to have said this, though in Town, was not produced; and the Woman, who was said to have received the complaint, was there present, and denied it. Traditional stories, Hearsays and Reports were urged against him; but the authors of them, tho' Servants of the College; and subject to the Rector's Summons, were not called, nor produced. On the other side two Divines attested upon Oath, That the party, which was with Child, not only acquitted Mr. Colmer before them, but owned, that she had been dealt with to accuse him. Against this plain, and express evidence, and against the Testimony of Smith, who was said to be his Accuser, The equivocal expressions, general words, and frivolous discourse of some talkative Women, ill attested, without Oath, and at second hand, were received and credited; and upon these Proofs, and upon this process only, Mr. Colmer was expelled; and devested of his freehold.  
It is natural for men, that use such process as this, to shun a re-hearing; and therefore it is no wonder, if now the Rector pretended, That this his interlocutory sentence was conclusive; and final, and that Mr. Colmer was by Oath barred from any appeal to the Visitor. If the Statutes and the Oath, that was founded upon them, had been capable of such a sense, it would have been a great hardship on Mr. Colmer, who avowed his own innocence, to have been necessarily exposed either to the scandal of Fornication, or to the guilt of Perjury. However he was resolved to consider his Oath, to undergo his misfortune, and to proceed no otherwise in his appeal, than it was permitted, and warranted by Statute. But, Upon the perusal of the Statutes; and the consideration of the evidence given against him; he was himself convinced; and was confirmed in his opinion by Dr. Bouchier, Professor of the Civil-Law in Oxford; that he had free liberty; and just cause of appeal to the Visitor. The Motives, that prevailed with him to think so, were such as these.  
1. That the Oath, 
a See the Probationers Oath. Si contingat me (quod absit) juxta formam & exigentiam Statutorum, à praedicto Collegio, Expelli seu amoveri etc. Nunquam etc.  being accessary to the Statute, did only restrain those Persons from vexatious appeals, who were expelled according to the appointment and direction of the Statute; and according to the form therein laid down, and prescribed.  
2. That, (the Statute requiring 
b In the Statute, De Causis propter quas Scholares privari debeant. Siquis Scholarium vel Electorum; adulterii. incontinentiae, haeresis pertinacis, homicidii voluntarii etc. legitime convictus fuerit; ipsum perpetuo exclusum etc. decernimus.  a legal conviction; and the Proofs in Mr. Colmer's Case being so far from making a legal conviction, that they were not sufficient to make a man of any reputation suspected) Mr. Colmer was not Statutably Expelled, and consequently not barred from appeal.  
3. That in the Oath it-self the word 
c Si contingat me posthac per Rectorem aut in hujusmodi interesse habentes, corrigi, puniri, aut à dicti Collegii sustentatione ejici, & expelli, excludi, privari, velamoveri propter mea forsan demerita, ipsum Rectorem etc. nunquam persequar; molestabo vel inquietabo, etc. quantumcunque alias mihi probitatis, & vitae merita suffragentur.  mea shows plainly that the Demerita must be in a true; not in an imputed sense; as must the alias probitatis merita which are opposed to them; and therefore it follows; either that a Person innocent of the crime objected may appeal; or that he must be forced to own that by virtue of his Oath, whereof he is not guilty; which were great impiety.  
4. That, 
a Si-&c. Ipsum Rectorem, seu alias Personas, seu eorum aliquem occasione Expulsionis, vel correctionis hujusmodi nunquam persequar, molestabo, vel inquietabo; per me, alium, vel alios; seu ab aliis persequi, molestari, seu inquietari eâ de causà, quantum in me fuerit, permittam: sed pure, sponte, simpliciter, & absolute omni actioni contra Rectorem, aut alios dicti Collegii Scholar's, quomodolibet appellationi, & querelae in ea parte faciendis; ac quarumcunque literarum impetrationi, precibus principum, Praelatorum, Procerum, magnatum, & aliorum quorumcunque etc. renuncio, de Juramento Scholarium.  it is the plain design of this Oath to secure the College from any action at Law, or any other disturbance from abroad; and that in the recital of the different appeals, and remedies, which are there prohibited, That of appeal to the Visitor, which was most obvious to be thought on, is not expressly mentioned nor forbidden: and therefore that those General words, may in an equitable sense be intended to restrain the party from all appeals to an Extraneous, not to a domestic Court; to one that is a foreign Judge, not to a Visitor, who is a part, and the first Member, of the College.  
5. That these interpretations of the Oath ought to be received, as being most consonant to Law; and such as are least tending to establish arbitrary power; and to exclude legal remedies against wrong-doing.  
Mr. Colmer therefore finding that he had liberty of appeal from grievances; and knowing that none could receive his appeal, but the Ordinary; made his application to the Bishop of Exeter, Successor of the Founder of that College, Patron, Ordinary and Visitor thereof. He insisted much on his own innocence, represented to his Lordship the injustice of the Rector's procedures, the invalidity of the evidence against him; and the credibility of the proofs offerred in his favour. Among other things, he showed to his Lordship the Affidavit made by Ann Sparrow, the Mother of the Bastard Child; who being put to her Oath before an Alderman of Oxford, acquitted Mr. Colmer; and named the Person one Roberts, who had tempted her to accuse him. His Lordship was farther informed, that a great part of the College were so sensible of the injuries done to him; and so much at variance with his judges on that account; that, without the Ordinarie's interposition, these differences could not probably be composed. And lastly he begged of his Lordship to receive his appeal; to grant him a new hearing only; That so the proofs of his innocence, and his guilt might equally be produced; and, according to the just weight of either of them, the Sentence against him might be confirmed or annulled.  
My Lord of Exeter had now a very difficult choice either of taking upon him a long, expensive, and withal an invidious trouble, or of neglecting his duty, and hazarding the rgihts of his Successors. The contentious humour of the Rector, which in former instances had sufficiently discovered it-self, gave him prospect of opposition; and his Lordship was not insensible that the Nature of the Cause, which was brought before him, was capable of misconstruction. But these Prudential Dissuasives weighed not so much with him, as the stronger motives of honour, justice, and conscience, which induced him to receive the appeal. He was sworn to preserve the rights of his See; and this of receiving appeals and visiting 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. He knew, that these arbitrary, and illegal Methods, however now supported by specious pretences, might easily on worse occasions be drawn into precedents; and might give colour for the usurpation of such an uncontrollable power, as neither was just nor fit for such a Rector to enjoy. And, as to this Case it-self, the dismission of it by the Vice-Chan: the hasty, and unstatutable proceedings of the Rector, the resentments of part of the College on that account, the invalidity of the evidence against Mr. Colmer; and the contradictory testimonies of credible witnesses then and since offered, were sufficient pleas for a farther enquiry. Since therefore the Appeal was neither frivolous nor vexatious, his Lordship was convinced, that the admission of it was not a matter of favour, but justice; and that he, as superior judge, aught of right, and equity to receive it.  
His Lordship was thus satisfied of the justice of the Appeal; nor was he less convinced of his power of receiving it. He had good reason to think, that the Law, and the College Statutes supported this his authority; and the arguments, on which he chiefly grounded his opinion, are (for the satisfaction of others,) here recited, and made public.  
1. Since, as it is evident in this Case, A Fellow may appeal; there must be a competent Judge of the Appeal; and not only no other immediate Judge, than the Bishop, can be assigned; but all other 
a See the Statute concerning Visitation. Cui quidem Reverendo Patri, ac Deputato, ac praeterea nemini tanquam Patrono, & Ordinario Visitatori, vigore praesentis Statuti, plenam concedimus potestatem etc. Et nulli alii: ibid. etc.  Judges are, in causes relating to the College, expressly by Statute excluded.  
2. The force of the word Ordinarius doth necessarily import universality of Jurisdiction; and therefore where no intermedial Jurisdiction is placed any where else, this, to prevent the defect of justice, must be let in.  
3. Although, by the Statutes, the Visitation of the whole College be restrained to requisition, or five Years; yet 
b Patronos, & Visitatores relinquimus, ut ad alvearium conservandum invigilent; ut Statuta dicti Collegii firmiter observentur etc. See the Statute concerning Visitation.  the words in the beginning of the Statute are general, and apt for an universal provision; and cannot be satisfied by a Quinquennial Visitation of 3 days; nor by one upon requisition; For there may be a combination of the majority of the Seniors, who only have power to desire it.  
4. The Visitor was upon like reasons limited to a Quinquennial as a Bishop to a Triennial Visitation; It was the only design of the Canon in one Case, and of the Statute in the other to prevent the Charge of Proxies, and Sportulage; and therefore as a Bishop when barred from Solemn, and costly Visitations, is not restrained from exercising the ordinary acts of Jurisdiction; so neither, during the Quinquennial Term, doth a Visitor's power cease; but upon Emergent occasions, in any grievance, or Appeal, without any Charge of the College, Exerts itself. The General enquiry into matters undetected in both cases is limited; but the Cognizance of matters delated to them is in neither restrained.  
Upon the whole then, the Bishop was sensible, that Mr. Colmer having a presumptive grievance done him in a matter of a high nature, had free liberty of making an Appeal; that his Lordship, as Ordinary, was Judge of Appeals; and therefore since the Appeal was lawful, and the matter of it just, and equitable; and the Cognizance of it lay before him, the Visitor as in justice, and prudence he ought, received and admitted it.   

2 Concerning the Proceedings of the Bishop and his Commissary upon the Appeal.  
There can be no greater Evidence of the calmness, and deliberation; which his Lordship used in his proceedings upon the Appeal, than the great distance of the dates between the Appeal and the Commission: the one presented on the 24 Oct. 1689. and the other was not granted before the 21 of Feb. following. Indeed his Lordship being willing, not to expose the authority of the Rector, at first tried the mildest and most private methods of enquiring into this Cause, and adjusting it. He, by letter required 2 of the Fellows, and as many more as the College should think fit, to attend him at London; and to bring with them a Copy of the proceedings against Mr. Colmer, and resolved, if any Evidence could be offered by them, to confirm the Sentence against him. This was so just; and so reasonable a demand from a Visitor, that I doubt not, the Reader will be surprised to hear, that it met with a denial. A Letter, or rather, a Remonstrance was sent by the Rector; and in it the Visitor was acquainted, that no Appeal at all lay in this Case, and if any, should lie the matter would not fall under his but the V. Ch's. Cognizance. What slender grounds there were for these pretences, will hereafter appear; at present, I shall pursue the Relation of Matter of Fact; and give you the success of this answer. Upon this refusal, which was a new presumption of guilt; and upon the repeated instances of Mr. Colmer; his Lordship being, immediately after Parliament, obliged to attend the care of his Diocese, granted a Commission, and entrusted this Cause, to Dr. Masters his Commissary. If there was no other proof of his Lordship's impartiality in this affair, there never was a clearer instance of it given, than in one circumstance of this Commission. For tho' Mr. Colmer's Lawyers did, not without colour of Law, insist, that such Commissions of rehearing aught to admit of no more Evidence, than what, in the last instance, had occasioned the first Sentence; yet because his Lordship had heard that the Rector had obtained some fresh proofs of Mr. Colmer's guilt, he was so kind to Dr. Bury, and so little favourable to the Appellant, that he gave the Rector leave to bring in what fresh matter he could to justify his former judgement. So that tho' the former Evidence had been defective; and the process upon it illegal and arbitrary yet was the Bishop resolved to expose the Appellant to any fresh charge; and not to suffer him, if guilty, to take any advantage of the Rector's hasty, and Exorbitant proceeding. This single consideration would acquit My Lord of Exeter from any partiality to Mr Colmer; and yet, since this sometimes hath been, without any ground, objected to his Lordship. I shall take leave to anticipate one passage of the like nature in his General Visitation; and to give it place here. When the Bishop had by Letter, and Commission endeavoured to Convict Mr. Colmer; and found at last, that the Rector, and his party would not be brought to accuse him; His Lordship in his Visitation, among the Articles exhibited to those Fellows, who owned his Authority, made this One: to discover to him any Person in the College who was guilty or suspected of Incontinence. When in their answers no body was returned suspected of that Crime; But the Rector himself; When no proofs against Mr. Colmer were produced; and two Material Affidavits which are here annexed, were offered and taken in his favour; His Lordship according to the Method of legal Process was obliged to acquit, and restore him. But at the same time the Bishop openly said to him? I was resolved to have Expelled you myself at this Visitation; If I could have by any means obtained legal proof of the crime alleged against You; And I do now admonish You to prostrate Yourself before God with Prayers and the sharpest repentance; If Your Conscience upbraids You with the guilt of this Lewdness.  
After this short digression (which is a full answer to the Charge of partiality in his Lordship) it is necessary to return to the Commission itself, and to give an account of the Acts done by Dr. Masters in pursuance of it. The Commission itself, being granted on Mr. Colmer's request, was wholly restrained to his Cause: the Powers given were of no farther Extent, than to the Matter of the Appeal; and the Process upon it was suitable to the Commission. Whether we look on the Citations that were served, or the Judicial Acts, that were Executed; these limitations are every where strictly observed: And more remarkably, when the Sportulage, which is due to the Visitor's Commissary upon a Visitation, was offered to Dr. Masters, he refused the present; and disavowed his coming upon a Visitation, as he had before done in Court. So groundless altogether are their arguments, who maintain, that this particular enquiry into Mr. Colmer's Case only, and that Civiliter, can be intended or taken for the Visitor's General, and Solemn Visitation which is always Criminally.  
When Dr. Masters came into the Chapel, he read his Commission; and acquainted the Rector with the liberty there given him, not only to justify his former proceedings against Mr. Colmer; but to give in any other fresh Evidence against the Party Expelled. The Rector was so far from complying with these just and equitable demands; that he openly denied the jurisdiction of that Court; and set out the bounds, or rather the infinity of his own uncontrollable power. He said, That he might Expel all his Fellows if he pleased; that he was absolute, and accountable to None; and that however arbitrary his Government might be, there was no remedy to be obtained against it. At last having 3 days given him to make out his Charge against the Appellant, he made no other use of it, than to draw up two protestations against the Visitor, with a postscript of Allegations against Mr. Colmer. In the first, it was alleged not only that no Appeal in General could lie in this Case; but that if any lay, the Visitor was not the Competent Judge of it, but the Vicechancellor. The Commissary was abundantly satisfied, as of the Lawfulness of the Appeal; so of the Jurisdiction of the Visitor in Cases of Appeal, and pronounced for the validity of the same. He knew that the Vicechancellor (whose right he would have been very tender of) neither had any title to the Cognizance of this Case, nor laid claim to any. 'Tis true indeed, that by the Rector's Oath, if there be any strife or discord between him and his Fellows, he is obliged to stand to the Arbitrement of the Chancellor, or in his absence, of the Vicechancellor of Oxford.  
But I Since no Jurisdiction is given to the Vicechancellor in the Statutes over the Fellows they are not obliged to own him as Judge; But the Rector only is bound to submit to him, as Arbitrator. The Fellows therefore must not necessarily have recourse to him; but, upon recourse had, the Rector is sworn not to decline his decision.  
2 That Part of the Oath extends to those private Contests which the Rector shall have with the Fellows in his Personal Capacity agreeable to the Law of the University; but not to those that shall arise, when he acts Collegiately in Concurrence with the Majority of the Seniors. In the one Case, this intermedial arbitrement, for the ease of the Visitor and of the Fellows, is allowed: and the Fellows have the Security of the Rector's Oath for his acquiescence. In the other, the Cause is immediately devolved to the Ordinary.  
3 At the hearing of this Cause, the Rector expressly denied, that the Vicechancellor, or any other aught to intermeddle in it.  
This, and this only was the Exception taken to the Jurisdiction; nor were the Allegations against the Appellant more Weighty or Material. The crime of Incontinence in General was objected to him; and some Collateral circumstances, which should make out the Charge, were recited, and tendered to the Commissary. But when Proof of them was required from the Rector; it was answered that he was not obliged to give it; When a Lawful Cause of Expulsion was insisted on, it was pretended, that a reasonable Cause was sufficient, and when a reasonable Cause was to be defined, it was such as the Rector and the majority of the 7 seniors should think to be reasonable.  
The Commissary was sensible; That a legal conviction must be founded on such evidence, as is agreeable to the rules of law, and justice; and that an uncontrollable power of judging that to be evidence, which is not so, is equivalent to an arbitrary power of expelling men without evidence. And therefore since there was no other evidence of the Rector's despotic, and absolute power, but his own allegation; since there was no cause of the Appellant's expulsion given; and no proof of any crime so much as offered, The Commissary as he was obliged by Law, and Justice, reversed the Rector's interlocutory decree; and by a desinitive sentence restored Mr. Colmer.  
It is evident now that the Rector had all advantages allowed him of justifying, or of corroborating his sentence; That more than usual time was granted to him for the obtaining fresh proofs; and an Extraordinary liberty was afforded him of producing them; and that, in short, if Mr. Colmer be guilty, he owes his impunity not to the Favour of the Bishop; but to the obstinacy of the Rector.   

3. Concerning the Offences of the Rector and Others, which obliged the Visitor to make his solemn and General Visitation.  
Nothing but the concurrence of so many exorbitant crimes, as at this time appeared in the College, could have persuaded the Bishop to Visit the College in person; and to wave those just excuses, which his business and indisposition of body now afforded him; It will be necessary therefore, before we enter upon the Visitation itself, to give a previous account of those offences, which occasioned it; and to begin with that, which we cannot name the first, nor the greatest; but which hath nearest relation to the former discourse; and may therefore not improperly be placed next to it. Assoon as Mr. Colmer was reinstated by the Commissary; he was, immediately after his departure again Expelled or rather disowned by the Rector. The pretences and colours upon which he now proceeded, and the management of this process were more surprising, even than his former conduct in this affair. He cited Mr. Colmer to answer to a new Charge; and at the meeting disir'd a Public Notary to attest; That he did not own him to be a rightful Fellow of the said College, but a pretended Fellow; and as such, he would proceed against him, upon farther evidence of incontinency. Now it is not easy for a less subtle man, than the Rector to imagine, why he should deny him to be Fellow; and yet proceed against him. If he was Fellow, why disavowed? and if not, how could he fall under his jurisdiction? The Rector's authority over him was founded on Mr. Colmer's relation to the College; and why should the one remain, if the other was determined? If Dr. Masters proceedings were valid, why is Mr. Colmer's right disputed; and if there was a nullity in them; why is his present right implied, and confessed by a subsequent Expulsion? Mr. Colmer therefore told the Rector, that if he would not own the Sentence passed by the Bishop's Commissary he thought he had no jurisdiction over him; There being no Statute provided for the Expulsion of Intruders, and pretended Fellows. But if the Rector would own that Sentence, he was ready to answer to any new Charge, from which that Sentence did not clear him. The Rector persisted to deny the Commissary's authority: and upon that account only Mr. Colmer thought it not advisable for him, nor a duty incumbent upon him to submit to the Rector: who upon his own Principles had no jurisdiction: and from whom there could be no expectation of justice by what he had said, and heretofore done. He left the Room therefore: and in his absence, part of a Paper which the Rector had formerly Printed, concerning Mr. Colmers' Case: was read before the Seniors: and, upon this evidence, without any witnesses called, or proof given, Mr. Colmer's name was struck out of the book: and somewhat was declared: either that he now was not, or that hereafter he should not be Fellow. And now, since we have had occasion to mention that Paper, we should not let it go without some particular remark: and its due Character: It is designed for the sum total of all the Rector's evidence, and the defence of Mr. Colmer's Expulsion: and is wrote, with as much prudence as the affair it-self, of which it treats, was managed with as much decency, as Mr. Colmer would wish to his adversary: and with as much truth, as we might justly expect from a man of the Rector's principles.  
These unjustifiable proceedings carried on so rudely, at this time, in such a manner, must be intended and taken as direct affronts to the Visitor, and his authority. However his Lordship's resentments were not so heightened by these injuries done to himself: as by the other scandalous offences of the Rector; which were levelled against his Saviour. For not long before this time, an Heretical book, entitled the Naked Gospel, was published by Dr. Bury; in which with some weak arguments, and disagreeable mirth, The Author endeavours to confute the divinity of Christ; and to expose it.  
The Godhead of our Saviour (who in some places is named a Crucified Vagabond) is declared to be a dangerous and impertinent Speculation, and (to speak in this Author's Idiom) a silly Qnestion, and a Push-pin point. The Fundamental Articles of our Faith are there styled Gross impositions; and matters of no certainty, nor perhaps of credibility. The Council of Nice is by him represented as an ignorant, and Partial Synod; and the Decrees of it such, as were made according to the interest of Parties, not the merits of the Cause. His way of reasoning is much like that, when heretofore he pretended to sole, unqualified, and incommunicable power from the words in the College Statutes: sit unus Rector; tho' in other places the officers and seniors have a joint authority; and are Commissioners with him. In short, all the absurd and desperate opinions of the Anti-Trinitarians abroad are here repeated, and avowed: all the old misapplyed citations, of which the more learned Arians are now ashamed, are here revived and enforced; and indeed the whole System of the Socinian doctrine is by this Plagiary transcribed, and made his own with the new additions only of worse language, and less decency. This book the Rector, being then Pro-Vice-Chancellor of Oxford, carried to the Press; and, by the authority of his Character prevailed with the Printer to print it without any other licence. Assoon as it was finished; he dispersed it to some Friends; and intended, as he himself since professes, to have presented it to Convocation. But when his Friends had dissuaded him from so dangerous an attempt; He resolved in a second Edition to mollify some harsh expressions, to carry on the same design with more cunning; and to give as great a stroke to the Divinity of Christ, with more security to himself. Thus this Blasphemous Treatise, with some few variations, sometimes altered for the better, more often for the worse, was published by him, and his confident Sir Kingston, with more openness, and assurance than the former.  
It was time now for the Bishop to be mindful of those earnest entreaties and prayers, by which the Founders of that College have adjured him to preserve the Christian Faith in it. He foresaw the sad consequences, which must necessarily ensue if Dr. Bury, were permitted, in such a Station, by the power of his irresistible authority, to publish such doctrines; and to enforce them. This book of the Rector's was not more complained of to the Visitor, than his life; and his Morals discredited the College as much as his Speculations. He openly sold the offices and places of the College; and consequently the Collegiates were exposed to the impositions of those, who had purchased a right of defrauding them. His Chastity was said to be so notorious; that he seemed to have other designs in Expelling Mr. Colmer, than the punishment of Vice; and to have acted more like a Rival, than a Judge. His indifference to order in the Chapel; His neglect of discipline in the House; His not maintaining of Lectures, etc. made the whole College, as far as in him lay, one continued disorder. So that the Dissensions of the Fellows upon these arbitrary proceedings grew high; and, without the interposing care of the Visitor, there was no prospect of quiet, and agreement. It was easy now to foresee, that nothing could put a stop to the approaching ruin of the College, but a Visitation: no other way was left of reforming these Enormities; or of composing these Divisions; no other method could prevent the change of this Nursery of Religion, into a Seminary of Socinianism; and therefore his Lordship was resolved to discharge the great trust, which was happily reposed in him: and so far to imitate his Noble Predecessor, who had at great expenses founded that College, as to exempt himself from no trouble, or charge, in reforming, and preserving it.   

4. Concerning the Visitation itself, the Evidence there given, and the Sentence there pronounced.  
HItherto, in all the former proceedings, no other power was allowed to his Lordship by the Rector, but a General Visitation: The Universal authority, which the Statutes repose in him, was according to his interpretation, wholly resolved into a Quinquennial Enquiry: and all the General words, which give Latitude, and full Extent to his power, were pretended to have reference to no other, than this Jurisdiction. His Lordship therefore being willing to reform the College not only by Legal, but Unexceptionable methods, appointed the 16 of June 1690. for the day of his Solemn and General Visitation to be held in the Chapel, and served the College with a previous Citation in order to it. Now was it hardly to be expected, that the exercise of this unquestionable power, which had always been owned and confessed, could afford any colour of dispute, even to those, who always thought it more wisdom to put of their own Trial, than to make their Defence. And yet, when the Bishop went in Person to the Chapel; where the Rector, and Fellows had been cited to appear, he found the doors designedly shut against him. Nine of the Fellows, indeed who were sensible of the Rector's Arbitrary proceedings, and of the Bishop's undoubted Authority, attended his Lordship, and owned his Visitatorial power. But the Rector and some Fellows with him appeared; and in a very tumultuous manner in the open Quadrangle offered a Protestation against his Authority; and would not permit him to have any entrance into the Chapel; which was the proper place for them to tender the Protestation, and for him to receive it. Other indignities and disrespects were then offered to his Lordship, which, by his order, I forbear to report; even the indecent behaviour of Sir Kingston, which deserves a particular mention, but that it would force such reflections, as I make it my business to avoid.  
The substance of their Protestation was this, that the Bishop's power of Visitation is not general, but limited and restrained to once in 5 Years, that Dr. Masters by a Commission from the Bishop lately exercised acts of Jurisdiction, and Visitation in the College, in restoring an expelled Fellow; and that therefore within the term of 5 Years, which was not yet expired, his Lordship was barred from any other Visitation.  
This Argument or rather Cavil is so very weak in itself; and supported by so little colour of reason, that it is necessary to beg the Reader's pardon for troubling him with a solid confutation of it: For it is evident, beyond dispute, That  
1. The Nature and being of a Court can be no other, than what is granted in the Commission, on which it depends: and therefore since the Commission, which is here annexed, is restrained to the Cause of Appeal only, the acts of the Commissary were, and must be agreeable to it, and are null in themselves, if they exceed those restrictions.  
2 The nature of a Visitation is a voluntary enquiry into matters criminal, and correction thereupon; But the Matter transacted by Dr. Masters was a nude Cognition of a grievance done to a certain Person, at his instance, and ended in Restitution only.  
3 The nature of a Visitation of a College requires it to be general, both as to Crimes, and Persons; But to this Court were called those Persons alone, who had been partakers in the personal wrong.  
4 The Commissioner openly declared; that he did not then come upon a Visitation; and therefore refused the Sportulage, in that Case appointed by the Founder.  
5. The Rector, who gives a new authority to the Commissary, when gone, Protested against him, when present; The Judicial Acts, that he did, were neither owned nor observed; and the Process upon the Appeal, which is now said to be a Visitation, was then pretended by the same Man to have been invalid, and null.  
The Visitor therefore esteeming the injury, and violences offered to him, as an invasion of the Prerogative (the Visitatorial power being first derived from, and confirmed by the Crown) applied himself by Petition to their Majesties in Council.  
The application to Council in things of this Nature hath always been warranted by Custom; the Precedents of their final decision, or arbitration are not few, and their orders have usually by mutual consent of both Parties been obeyed. But now the Rector openly declared that he would not acquiesce in their determination of the affair, nor be concluded by it: whether upon notice of this, or whether their Lordships did not take this Cause to fall under their Cognizance, or upon any other motives (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.  
The Bishop finding himself left to the methods of Law, again took the advice of the most learned Council in the Laws, both Common, and Civil, and was by them satisfied in these three points; which in the precedent discourse have been stated, and settled,  
1. That he, as Ordinary, had power of receiving, and determining Appeals.  
2. That the Commission made to his Commissary was only a Commission of Appeal restrained to the hearing and determining of the cause of that appellant only.  
3. That being constituted by the Statutes Visitor and empowr'd without requisition to visit once in five Years; and the execution of that Commission not being a Visitation, the Bishop might Visit, assoon as he thought fit.  
His Lordship being thus confirmed in his opinion, went down to Oxford in his way to his Diocese, with a resolution to Visit; but to defer his Visitation, till the meeting of the Parliament should oblige him to return to London. During his stay the Rector convening all the Fellows in an insulting manner told them, that he had defeated the Bishop's design of Visitation; and had thrown him flat on his back; farther adding to that part of them who had submitted to the Visitor, that tho' he had power to expel them, yet now he would only Register them: But they were not to look on this as a Pardon, but as a Reprieve; For that they should continue at his Mercy, and removable at his Will.  
Whereupon, Complaint of these Arbitrary proceedings being made to his Lordship, then at Christ-Church; He being sensible, that inevitable ruin to the College must follow, if some speedy stop was not put to the Rector's Exorbitant designs, resolved immediately to proceed to a Visitation, and served a Citation on the Rector, and Fellows (being then in Town) to appear after some few days in the College Hall.  
At the day appointed, two hours earlier, than usual, the Rector ordered the College prayers to be said, and after the end of them, instead of opening the gates, as he ought, he ordered them to be more firmly barred, and secured; resolving, as he had before kept the Bishop out of the Chapel, now to double his rudeness, and shut him out of the College. The Bishop knowing his temper, and apprehending such usage from him, resolved (as he had been before by his Council advised) to have kept the Visitation as near the College as conveniently he could; but hearing afterwards that the Doors of the College were opened; and that a great uproar was occasioned thereby; he went with all convenient speed to put an end to the confusion; and to proceed, as quietly as might be in the Visitation.  
How the Gates were opened, or by whom, the Bishop knows not; and less can he understand, by what colour of Law, at that time, they were shut up. But probable it is, since the Gates were opened from the College side, that some of the Fellows finding themselves unstatutably confined by the Rector, and having no prospect of liberty within the three days appointed for the Visitation, thought fit to free themselves from an illegal and arbitrary Imprisonment. And if any tumult happened on that account, the guilt of it must certainly lie on those, who by their unjustifiable act first occasioned it; and afterwards, by their rude, and violent interposition, promoted it.  
As soon as the Bishop came into the Hall, the Rector with like rudeness, as formerly, threw in the former Protestation against the Bishop's Jurisdiction. The Bishop however permitted that the Protestation should be read, (as far as the Fellow, that accompanied the Rector, could read it,) and upon the Rector's desire, promised that it should be entered in the Register. His Lordship farther desired the Rector to sit down, who returned this answer only to the Civility: No I will stand by what I do. After this indecent language, in a Contemptuous manner, He went out of the Hall; and refused to attend the Visitation; or indeed, the Issue of his own Plea. Now however a Plea to a Jurisdiction may exalt a man against him who hath no Jurisdiction at all; yet against a known Ordinary Judge in case he should seem to intermeddle beyond his Jurisdiction, great Temper, and Reverence is to be used; the matter is to be debated before him; and his judgement is to govern the question till farther Appeal. With all which the shutting up the Chapel Door at one time, and the College-Gates at another, the flinging in a Protestation, and rudely receding without expecting the Success of it, are very inconsistent: a defence, clothed with these circumstances, is so far from tempering the Contempt, that is adds thereto Enmity to the Judge, and despite to the Law; than which there can be no greater aggravations.  
However his Lordship without taking notice, or advantage of these indecencies, ordered the Protestation to be read throughout; and Proclamation to be thrice made for the Rector and protesting Fellows to appear; and to justify their protestation; and to hear his Lordship's Judgement therein: but when none would answer, though divers of the protesting Fellows were present; he observed the usual forms of process; and proceeded on regularly in the business of his Visitation. The Articles of Enquiry were read; and the Bishop, as by Statute directed, gave an Oath to such of the Fellows, as owned his Lordship's Authority; and obliged them to discover to him such Enormities in the College, as by public fame, or otherwise should come to their knowledge. It is not thought convenient, nor is it consistent with Statute, to discover the names of those that detected each crime; But in General the returns upon Oath to the Interrogations were these;  
1. That the Rector was the reputed Author of a Book, called the Naked Gospel; that he sat at S. Athanasius' Creed in the Chapel; that he was generally suspected of Heresy; and did not read Prayers in the Chapel as often, as by Statute he was obliged  
2. That he pretended to an Arbitrary, power over the Fellows; and had put some of them out of Commons for obeying the Inhibition of the Visitor in Mr. Colmer's Case.  
3. That he had sold Places and Offices in the College, particularly those of the Cook, and Butler; and proposed the Illegal Exaction of Bonds from the Fellows, who should thereafter be Elected, whereby they should engage to seek no reparation if he expelled 'em.  
4. That he was by public Fame, upon probable grounds suspected of Incontinence.  
5. That Dr. Hern, having a Parsonage, above the value limited in the Statute; kept his place, contrary to the intent of the Founder.  
6. That Mr. Vivian was Elected into Mr. Colmer's place being then full.  
7. And lastly: That Divinity Disputations were seldom held: the Philosophical Lectures performed by Deputies; the Catechist's Duty not observed; and in short, the whole Discipline of the College neglected.  
The Visitor seeing the Rector ●nd others charged with some of these Crimes upon Oath, and suspected of others, called them again in Court to answer to these Accusations: and when they could not be brought to appear, his Lordship thought fit, not to punish the contempt of the Rector till he had taken all farther just, and legal methods of detecting the Crime, and expected his submission and innocence to the last day. In the mean time his Lordship found, that some of the Fellows, who factiously abetted Dr. Bury in these his arbitrary proceedings could not be brought to appear before him, and to own his power: this great, and repeated contempt met with no other punishment than a suspension ab Officio & Beneficio, for three Months, and farther, till they should be brought to own his Authority. And since Sir Kingston, the Person who had before rudely affronted the Bishop, immediately upon his Suspension, the same day, exercised his Office in the Chapel, upon the doors whereof the Sentence had been affixed; the Bishop according to the direction of the Statutes, upon so great a contempt, heightened with so many aggravations, thought fit, to Excommunicate him.  
The substance of the Evidence, which was taken before his Lordship, and upon which his Sentences were grounded, was in short this which followeth. As to Dr. Hern, it appeared by the Register of the Lord Bishop of London; That he was Admitted and Collated to the Parish of St. Ann's 1 Apr. 1686. and upon comparing of the Statute of the College, with the Act of Parliament relating to the Rector of that Parish; it appeared, that such maintenance was by the Act settled, and such residence enjoined, as is wholly incompatible with his Fellowship. The Condition of his Parsonage is, that he shall reside upon it four parts of five in the Year; and the Condition of his Fellowship is, that he shall not be absent from the College above fifty days. All livings rated above 8 l. per Annum in any public Records are inconsistent with a Fellowship; and upon this, 100l. are settled by Act of Parliament: besides several rents, and other perquisites.  
Dr. Hern, by this direct clear, and authentic Evidence, had no right to his Fellowship; and by his former acts in matters of the like nature, had no Plea for favour: He having been instituted at one time, to Blandford, and at another time to the Rectory of Hayman in Dorsetshire, took occasion still to keep himself free from the danger of the Statute; by a resignation at Eleven month's end; and thus, by observing the letter of the Law, eluded the design of the Legislator. The Rector had often openly threatened him with Expulsion on these accounts; but he knew the methods, that would pacify this Governor, and was careful to prevent, at least to appease his Indignation. The Visitor saw therefore that it was a Crime of the Rector and the College, not to have declared his place void long since; and therefore, now at last took away that Scandal from the College by removing him.  
Concerning Mr. Vivian, it appeared that he had been elected into Mr. Colmer's place; which was never void: since Mr. Colmer was not then Statutably Expelled; and the business of his Appeal was at the time of the Election depending before the Visitor. And since Mr. Colmer, now appeared, and was ready to answer to what ever could be alleged against him, and neither in the detections of the Fellows, nor otherwise was charged with suspicion of Incontinence; and by the Oath of two Persons, that appeared in Court, was acquitted from the former Accusations, the Visitor could find no cause to displace or expel him.  
And lastly as to the Rector, Litchfield the Printer of the Naked Gospel, came into Court, & attested upon Oath, that he received that Heretical Book from his hands; and was Authorised by him, being then Pro Vicechancellor, to print it. It was swore that the former Cook, and present Butler gave him, one 150 l. the other 170l. for their Places; and the Bond it-self for the Payment of the Money with the Rector's Receipt in his own hand on the back of it was brought into Court. Concerning the 4th. Article, three Affidavits were taken, which out of respect to the Rector's Character, it is thought fit at present to conceal.  
His Lordship was now fully satisfied, that it was not consistent with the interest of the College, the reputation of the University, or the pious design of the Founder; to permit the Rector, any longer to maintain such a Station, as he now had in the College, and University. His Lordship therefore found himself obliged to deprive him, which he resolved to do confining himself strictly to those methods, which the Statutes direct in the deprivation of a Rector. And therefore, since there are some words in the Statute that seem to desire, and recommend to the Visitor a concurrent Vote of the Majority of the Seven Signior Fellows there present, to strengthen, and confirm his Act of Deprivation, the Visitor took the consent of Four of them accordingly; whose names are subscribed to the Instrument hereafter annexed. If exception be taken by any, to the Persons concurring, as being not really the Seven Seniors of the College; they may know that the Bishop was satisfied, that the Statute was sufficiently observed in the concurrence of those that subscribed to the Deprivation. For  
1. The Statute by maxim Seniores rather directs than commands the Concurrence of the Seniors. The Founder requires indeed the consent of Four Fellows; but he wishes only, that if it be possible, those Fellows, that consent may be the Seniors. Neither were those the very Seniors that Expelled Mr. Colmer, but only the Seniors present.  
2 The constant usage in this and all Colleges interprets those words of the Statute. The concurrence of Seniors to all public Acts, is always understood to mean the consent of those that are (not absolutely and truly the Seniors of the College, but) the most Signior of those that are present; and he, that by his own crime, incapacitates himself from performing any Acts of his place, is by the rules of Law, and Reason, reputed as absent.  
3. It would be absurd in expelling a Rector to require the Consent of those Fellows who are participes criminis; and are by the Visitor himself, upon that contempt, already suspended ab Officio, as well as, a beneficio; and so made incapable of giving any legal concurrence.  
His Lordship having thus according to Law deprived the Rector, knew how little submission was to be expected from him; and therefore thought it necessary to enforce his Sentence. The only Method of doing it was such, as the Statute directed; and since in Cases of Obstinacy, Censures are there expressly prescribed, by which must be meant Ecclesiastical Censures (this, as all other Colleges in Oxford being exempted from Episcopal and Metropolitical Jurisdiction; and immediately subject to the Ecclestastical Jurisdiction of the Visitor thereof, if he be a Person Competent and fit to Exercise such Authority) the Bishop as Ordinary, thought convenient to give the Rector Seven days after monition for his removal; and in Case of farther Contumacy, pronounced him Excommunicate.  
The account of the Visitation being thus given it may not be immaterial to add; that upon his Deprivation, such of the Fellows of Exeter College, as were capable, according to the order appointed in the Statutes, proceeded to the Election of a New Rector; and Unanimously chose Mr. Painter, a person of unexceptionable worth and integrity.  
And lastly, for the Honour of the University of Oxford, it must not be omitted, that immediately afther this discovery of the Author of the Naked Gospel, which was made by his Lordship; The University, being now sensible of the place, where the book was Printed, and of the Author himself, who had perfidiously used the colour of their authority in publication of it, by a solemn Decree condemned that Heretical book, and particularly several propositions therein contained; and ordered it to be publicly burnt in the Schools.  
Thus have we now given a full account of an intricate Cause; intricate only, as designedly perplexed by those, who, being afraid of the Sentence have disputed every step of the process. And indeed, if we look back, and take a review of the whole Cause, it will be easy to observe, That, the strength of the Adversaries consists more in the number of their Cavils, than in the force of them. For first is it not evident, that by Law, and the Statutes of the College, no man ought to be devested of his freehold without legal conviction? Was there any concludent circumstance, in Mr. Colmer's Case alleged, upon which he could be legally convicted? at least was there any proof of such allegation? If we let in the supplemental evidence, which was taken after the Sentence, and therefore cannot in equity, justify, or support it; even in that, there is hardly ground for jealousy, much less for certainty. Where the same man is Accuser, sole Witness, and Judge, are not the proceedings, if not null, yet at least, justly suspected? And, where there is ground of suspicion ought not the Ordinary to admit an appeal, and to allow a re-hearing? If there was not therefore such proof, nor such legal process against Mr. Colmer, as the Statute required; it is evident, from the Statute it-self, that he is not barred from appeal. 'Tis apparent it was not the design of the Founder to make the Rector absolute, and uncontrollable; and to set up a Court in his breast, from which no writ of Error, or appeal should lie. At least, it is not easy to imagine why Mr. Colmer should be more forsworn for appealing, than the late Rector now is: Both were expelled by competent Judges; both are equally barred from appeal; and the only difference between them is, that there are legal proofs against the latter, but not against the former. If therefore an appeal is to be admitted, who but the Ordinary is the Proper judge of it? and what application upon such grievances hath ever been made to any other, than the Visitor? In all other Colleges, where the Visitors are restrained from the frequency of solemn, and chargeable Visitations; the power of receiving appeals oftener, has either not been disputed, or upon dispute, adjudged to them, and admitted. Extraordinary emergencies have always been allowed to have speedy remedies; nor is it reasonable, that no redress should be obtained, till either the grievance be of five Years standing, or till the parties obnoxious desire a Visitation. If the Rector, and the majority of the seven Seniors, spend the revenues of the College, and commit dilapidations; can there no stop be put to the exorbitance till the Quinquennial term is expired? And is not the College to be visited, till it shall be wholly ruined? The Bishop then had power of receiving appeals; and as there never was a greater necessity for the exercise of that power than in this instance, so was there never more moderation used in the acts of it. What interest could the Bishop of Exeter have in this Cause, but the performance of Justice? and what design could the Rector have in not producing his former proofs, but the establishment of an arbitrary and uncontrollable jurisdiction in himself? It is plain then, that the Commission of appeal was upon just motives legally granted; and is no less evident, that it was wholly restrained to the matter of the Appeal. What right had Dr. Masters to Visit Exeter-College, but by a Deputation from the Bishop? And how can the Deputation appear, but by the Commission? If there be no Commission then that enables him to Visit; if the powers given in the Commission of Appeal are not General, but subject to restrictions, and determined: it shall be allowed that the Commissary did make a Visitation, if it can be proved, that he could make any. The Commissary, acting by a limited Commission, confined himself strictly to the bounds of it; but if he did not; his acts, as supported by no authority, were null and invalid; and as they could not affect the College, so neither could they prejudice the Bishop's right to a future Visitation. If the Restitution of Mr. Colmer was such a judicial Act, as a Visitor only can exercise; and if Dr. Masters had power of Visitation; why was it protested against as a null and inautoritative act? and why was it never admitted to be of any force by the Rector, till it was pleaded, as a bar to the Jurisdiction of the Visitor? Since therefore Dr. Masters did not Visit, the Bishop was not now restrained from his right of Visitation; and if he had right of being Judge, there is none, even of the Rector's Friends, that can dispute the equity of the Sentence. Bribery, Heresy, and Incontinence, clearly made out, and proved, are certainly sufficient to make a Governor of a College, unworthy of that Station. And now if the Sentence of Deprivation was rightly inflicted; it was necessary, that all legal Methods should be used, which could enforce that Sentence. And since the Founder had directed the Visitor, who was always to be a Bishop, to the use of Ecclesiastical Censures; Excommunication was the last and only remedy, whereby the late Rector could be obliged to Submission.  
It is clear then, that as his Lordship's designs were honourable and just; so his Methods of pursuing them have been Statutable and legal; and that the justice of his Sentence doth not more plainly appear than the legality of his Process. It is clear at last, That the late Rector's arguments in Law, are as bad, as those which he uses in Divinity; and that his Plea is no more true, than his Gospel.    

The Copies of the Authentic Papers & Instruments referred to in the Preceding Account.  

1. A Copy of the Statute of Exeter College; upon which Mr. Colmer was expelled by the Rector.  
CUm inter Homines nihil sit magis decorum, quam morum honestas, nihilque hominem à bellua magis discernat, quam probitas vitae, modesta cum aliis conversatio, ac in injuriis, si quae inferantur, patientia. Nos igitur haec expetentes statuimus, ac in visceribus Jesus Christ obsecramus Rectorem, Scholares, & electos omnes praesentes, & futuros, uti in omnibus & super omnia unitatem, & mutuam inter se charitatem, dilectionem, pacem, & concordiam semper habeant, & observent, & pro eye semper fovendis, & alendis pro viribus enitantur. Quod si quis Scholarium, vel electorum, adulterii, incontinentiae, haeresis pertinacis, homicidii voluntarii, perjurii manifesti, crebrae ebrietatis, alteriusve publicae turpitudinis, coram Rectore, subrectore, Decano, & quinque aliis Scholaribus maxime Senioribus, vel majore parte eorundem, cum dicti Rectoris assensu, legitime convictus fuerit, ipsum perpetuo exclusum, & privatum ipso facto à dicto Collegio, nulla alia monitione permissa, virtute praesentis statuti decernimus.   

2 A Copy of the Commission granted to Dr. Masters; limited only to the Cause of Mr. Colmer's Appeal.  
JONATHAN Providentia Divina EXON Episcopus, Collegii Exon in Academia Oxon Patronus & Visitator, Dilecto nobis in Christo Edvardo Masters, Legum Doctori Vicario nostro in spiritualibus generali & Commissario nostro legitime constituto Salutem, Gratiam & Benedictionem: Cum ex Parte Jacobi Colmer Collegii Exon praedicti Artium Magistri nobis monstratum extitit, Quod licet inter Caetera in Statutis Collegii Exon praedicti specialiter Statutum, ordinatum, & provisum est in Rubrica de causis propter quas Scholares Privari debeant in hac quae sequitur verborum forma, aut Consimili in effectum viz. Quod si quis Scholarium vel Electorum, Adulterii, Incontinentiae, Haeresis Pertinacis, Homicidii voluntarii, Perjurii manifesti, Crebrae ebrietatis, alteriusve Publicae turpitudinis, Coram Rectore, Subrectore, Decano & quinque aliis Scholaribus maxime Senioribus vel majore parte eorundem cum dicti Rectoris Consensu legitime Covictus fuerit: ipsum Perpetuo exclusum, & Privatum ipso facto à dicto Collegio, nulla alia Monitione praemissa, virtute Praesentis Statuti decernimus etc. Nihilominus Arthurus Bury Sacrae Theologiae Professor & Collegii Exon supradicti Rector, Georgius Verman Sanctae Theologiae Baccalaureus Subrector, Ezra Cleveland Artium Magister Decanus, Thomas Lethbridge Sacrae Theologiae Baccalaureus, Richardus Hutchins Sacrae Theologiae Baccalaureus, Benjaminus Archer Sacrae Theologiae Baccalaureus, Samuel Adams Artium Magister, Philippus Thorne Artium Magister quinque Socii maxime seniores in dicto Collegio, aut eorum saltem Pars major in omnibus minus juste, nulliter & inique (eorum Reverentia semper salva) Procedentes objecto ei incontinentiae Reatu cum quadam Anna Ancilla, nuper Puerpera, nullis autem editis desuper Probationibus saltem legitimis aut de jure sufficientibus, de facto quantum in illis fuit, cum de Jure non potuerint, praefatum Jacobum Colmer, nullatenus legitime Convictum, à dicto Collegio Excluserint & amoverint: Cumque dictus Jacobus Colmer Sentiens se ex Praemissis, Nullitatibus & Iniquitatibus & Injustitiis enormiter laedi & gravari ab eisdem & eorum quolibet & omnibus exinde sequentibus ad nos Exonien. Episcopum praedictum & Collegii Exoniensis memorati visitatorem legitimum rite & legitime appellaverit, deque nullitate & iniquitate Praemissorum omnium & singulorum aeque Principaliter dixit querelatus & conquestus est ac deinde nobis supplicari fecit quatenus nos opportunum Remedium super his sibi providere dignaremur, nos igitur hujusmodi supplicationibus favorabiliter inclinati ac Justitiae Complementum aeque in Praemissis fieri & ministrari volentes, Tibi de cujus sana doctrina conscientiae puritate & in rebus gerendis dexteritate plurimum in hac parte Confidimus, Ad Cognoscendum & discutiendum hujusmodi causam Appellationis & querelae Nullitatis & Iniquitatis praedictam, totumque negotium principale cum suis incidentibus emergentibus dependentibus annexis & connexis quibuscunque? Et ad audiendum hinc inde proposita & proponenda & ad probationes admittendum & recipiendum juxta formam statutorum dicti Collegii & juris in ea parte exigentiam, eandemque causam plenarie & finaliter determinandum, sententiandum & finiendum & generaliter omnia & singula alia faciendum, exercendum & expediendum, quae in Praemissis aut circa ea necessaria fuerint, seu quomodolibet opportuna, (vocatis primitus coram vobis praefato Jacobo Colmer, nec non praefatis Arthuro Bury, Georgio Verman, Ezra Cleveland, Thoma Lethbridge, Richardo Hutchins, Benjamino Archer, Samuele Adams, & Philippo Thorne, ac Caeteris de Jure in hac parte vocandis) vices nostras Committimus ac plenam in Domino (Tenore praesentium) Concedimus potestatem, cum cujuslibet legitimae coertionis potestate. Assumpto tibi Thoma Tyllot Registrario nostro, Notario Publico, eoque absente vel Impedito alio quocunqne Notario Publico partibus praedictis indifferente. In cujus Rei Testimonium Sigillum nostrum Episcopale Praesentibus apponi fecimus Dat. Vicesimo primo die mensis Februarii Anno Domini (Stylo Angliae) Millesimo Sexcentessimo octogesimo nono: nostraeque Consecrationis Anno quinto & Translationis Primo.  
J. Exon.   

3 The Affidavits of the two Persons present at the Labour of Ann Aris, who was delivered of a Bastard Child; and, at her Labour, acquitted Mr. Colmer from being Father of it July 25. 1690.  

WHich day appeared personally Marry Herne, Wife of William Herne of the Parish of St. Michael in the City of Oxford Labourer, and declared that she was present at the Labour of Ann Aris, who was delivered of a Bastard Child, and she did then declare upon her salvation, that no body had to Do with her, but Ferdinando Smith, and that he was the Father of the Child, which she so declared upon the Midwife's three times pressing her to speak the Truth, and not to wrong any Gentleman, there being then present Marian Holton the Wife of James Holton of the same Parish.  
Eodem die jurat cor. Domino Episc. Mary Herne.   

Eodem die.  
WHich day appeared Personally Marian Holton Wife of James Holton of the Parish of St. Michael aforesaid Labourer, and declared that she was present at the Labour of Ann Aris who was delivered of a Bastard Child, and she being then twice pressed by the Midwife, to declare who was the Father of the said Bastard Child, declared that Ferdinando Smith the Elder was the Father of the said Child, and that no body else had to do with her, there being then present Mary Herne aforesaid.  
Eodem die jurat cor. Domino Episcopo. Marian Holton   

The like Affidavits of the Midwife, who delivered Ann Aris; and of Mrs. Banister who was present at the Labour, were taken before Sr. William Walker 14. Jan. 1690.    

4 The Certificate and Deposition of Alderman Fifield concerning the Examination of Ann Sparrow taken before him Oct. 29. 89.  

THese are to Certify whom it may concern, that Ann Sparrow having been delivered of a Bastard Child, I being a Justice of Peace was desired to Examine the said Ann Sparrow upon her Oath, which I did do accordingly upon the 21 day of this present October 1689. the said Ann Sparrow did then declare upon the Oath that she took, that Mr. James Colmer of Exeter College was not the Father of the said Bastard Child, and did also then upon her Oath declare that the said Mr. Colmer never had to do with her, and that his name was put into her Mouth by one Goodwife Roberts, witness my hand  
Octo. 29. 89. Tho. Fifield.   

Vicesimo quinto die Martii Anno Dom. 1690.  
MEmorandum, This day Tho. Fifield Alderman of the City of Oxford, and one of their Majesty's Justices of the Peace of that City, made Oath before the Right Worshipful Dr. Edward Master's Dr. of Laws, and Commissary to the Right Reverend Father in God Jonathan by Divine permission Lord Bishop of Exon, Patron and Visitor, Ordinary of the College of Exon in the University of Oxon, That the Certificate hereunto annexed is all of this Deponent's own hand Writing, and that the contents thereof were and are true, and were so had and done as is there set down and Expressed.  
Tho. Fifield.  
Jurat Coram me  
Ed. Master Commiss. Act. in praesentia mea Jo. Greeneway Not. Pub. & Reg. assumpt.    

5 A Copy of the Statute of Exeter College concerning the Visitation of that College.  
ADEO pronum & ad malum proclive est humanum genus, & uti quotidie videmus, varietas temporum optima quaeque aufert & mutat, ut non sit in nostra potestate eas condere Leges, & Statuta quae non violet aliquando astutus & versipellis, aut male interpretando, aut aliquid fraudis ingerendo, aut excogitando modum, quo nodum quamvis Herculeum dissolvat; Nos eam ob causam, ea quae duximus nostro tempore utilia, & commoda, inferentes, quod ad ea conservanda, recteque interpretanda attinet, confidimus authoritati, & benignitati Episcoporum Exoniensium, successorum nostrorum, quos dicti Collegii patronos, & Visitatores relinquimus, ut illi ex sua liberalitate, & mera benignitate adducti, ac fervida charitate in fidem Christianam inflammati, ad hoc alvearium conservandum invigilent, ut Statuta & ordinationes dicti Collegii firmiter observentur, virtutes & disciplinae nutriantur, possessiones, & bona spiritualia & temporalia, prospero statu floreant, jura, libertates, & privilegia defendantur & protegantur. Ea de causa liceat domino Episcopo Exoniensi, qui pro tempore fuerit & nulli alii nec aliis, quoties per Rectorem dicti Collegii & in ejus absentia Subrectorem, & quatuor alios ad minus ex septem maxime Senioribus Scholaribus fuerit requisitus, nec non absque requisitione ulla, de quinquennio in quinquennium, semel, ad dictum Collegium per se, vel suum Commissarium, quem duxerit deputandum, libere accedere. Cui quidem Reverendo patri ac deputato suo, (praeterea nemini) tanquam Patrono, & Ordinario Visitatori, vigore praesentis Statuti, plenam concedimus potestatem, ut super omnibus & singulis particulis, & articulis in dictis Statutis contentis, ac de quibuscunque aliis Articulis, Statum, Commodum, aut honorem, dicti Collegii concernentibus, aut quae in dicto Collegio, aut aliqua illius persona fuerint reformanda, aut corrigenda, Rectorem, Scholares & Electos interroget, & inquirat, cogatque eorum unumquemque in virtute juramenti, & per censuras si opus fuerit, ad dicendum veritatem de praemissis omnibus & singulis, etsi super eis, non fuerint specialiter requisiti, excessusque ac negligentias, crimina, & delicta quorumcunque dicti Collegii qualitercunque commissa, & in ea Visitatione comperta, secundum excessus, exigentiam, & criminis aut delicti qualitatem debite puniat & reformet, caeteraque omnia & singula faciat, & exerceat, quae ad eorum correctionem & reformationem sint necessaria, aut quovismodo opportuna, etiamsi ad privationem aut amotionem alicujus scholaris, vel electi ab eodem Collegio, Statutis & ordinationibus id exigentibus, procedere contingat. Quos quidem Rectorem, Subrectorem, Scholares, & Electos ac praeterea ministros quoscunque & famulos, praedicto Domino Episcopo & suo Commissario, sed nulli alii, volumus & praecipimus effectualiter intendere & parere. Statuentes insuper, ut nullus in visitationibus praedictis in dicto Collegio faciendis, contra Rectorem, Subrectorem, aut alium ipsius Collegii quemcunque dicat, deponat, seu denunciet, nisi quod verum crediderit, seu de quo publica vox vel fama laboraverit, contra eundem in virtute juramenti, ab eo prius Collegio praestiti. Ordinantes praeterea ut Dominus Episcopus Exoniensis, cum in persona propria visitare, & praemissa facere dignetur, Rector & duo Scholares ex praesentibus, maxime seniores, unam in Collegio refectionem, quadraginta Solidorum expensas non excedentem, eidem Episcopo humiliter & reverenter offerant. Commissario autem, cum praemissa fecerit, duas refectiones in Collegio vel viginti solidos, per manus Rectoris de bonis Collegii persolvi concedimus, pro omnibus & laboribus & expensis in hac causa tam in itinere quam in Universitate, tempore hujus Visitationis. Itaque Dominus Episcopus quadraginta solidos, Commissarius vero viginti Solidos in uno, & eodem anno, pro actu Visitationis, ad sumptus Collegii non excedat, nec inceptam aliquam Visitationem, ultra duos dies proxime sequentes, aut ex causis urgentissimis & rarissimis, ultra tres dies, prorogari aut continuari ullo pacto volumus. Sed lapso, & acto illo biduo, & quando ex causis praedictis ulterius prorogatur, triduo transacto, eo ipso Visitatio illa pro terminata & dissoluta habeatur. Etsi quae in ea compererit corrigenda & reformanda, quae brevitate temporis corrigere & reformare non potuerit, ea Rectori in scriptis tradat, qui ea omnium secundum formam & exigentiam Statutorum sine dilatione, quantum in eo erit, corrigere & reformare tenebitur, sub poena contemptus. Praedictorum quoque Reverendorum patrum Exoniensium Episcoporum, & Commissariorum suorum quorumcunque conscientias apud altissimum, quantum possumus, gravius oneramus, ac in visceribus Domini nostri Jesu Christi hortamur, & obsecramus, ut in faciendo & exequendo praemissa secundum Apostoli doctrinam, non quaerant quae sua sunt, sed quae Jesu Christi, solumque Deum habentes prae oculis mentis, favore, timore, odio, prece, aut pretio, coloribus & occasionibus postpositis quibuscunque, inquisitionis, correctionis & reformationis officium diligenter impendant, & fideliter in omnibus exequantur, sicut coram Deo in ejus extremo judicio in hoc casu voluerint reddere rationem. Statuimus praeterea, ut Rector, Subrector, Scholaris, aut alius quispiam cujuscunque sortis dicti Collegii, super excessibus vel delictis, in visitationibus & inquisitionibus per dictum Episcopum Exoniensem vel ejus Commissarium, ut praemittitur, faciendis, accusatus vel detectus, copiam compertorum, vel detectorum hujusmodi sibi tradi, edi, dari, ostendi, aut nomina detegentium vel denuntiantium sibi exponi aut declarari nullo modo petat; neque ipsa comperta & detecta, aut nomina detegentium tradantur eidem aut ostendantur; sed super eisdem compertis, aut detectis, statim coram ipso, Domino Episcopo, vel ejus Commissario personaliter respondeat, ac correctionem debitam subeat pro eisdem secundum nostrarum Ordinationum, & Statutorum exigentiam & tenorem, cessantibus quibuscunque provocationibus appellationibus, querelis & aliis juris, & facti remediis, per quae ipsius correctio & punitio differri valeat, seu alias quovismodo impediri. Si tamen ad privationem aut inhabilitatem Rectoris aut Expulsionem Scholaris alicujus, per Episcopum aut ejus Commissarium agatur, tum ostendantur ei detecta, quibus si non poterit rationabiliter, & honeste respondere, suamque innocentiam probabiliter ostendere, & sese super objectis juste purgare, amoveatur sine appellatione aut ulteriore remedio, dummodo ad ejus Expulsionem concurrat consensus Rectoris, & trium ex septem maxime senioribus Scholaribus tunc in Universitate praesentibus, sine quorum consensu, irrita sit hujusmodi expulsio, & nulla ipso facto. Et insuper, si contra Rectorem ad amotionem ab officio, per hujusmodi Domini Episcopi Commissarium, etiam consentientibus quatuor ex septem maxime senioribus supradictis, procedatur, non negamus ei omnes exceptiones, defensiones justas & honestas apud ipsum Dominum Episcopum Exoniensem, dummodo ulterius non appellet, non obstante hac ordinatione praedicta, aut aliis quibuscunque.   

6 The Deposition of Rob. Harding Cook, concerning the Sale of Offices by Dr. Bury with the Bond annexed. July 25. 1690.  

WHich day appeared personally Robert Harding of Islip in the County of Oxford Inholder, and by virtue of his Oath, deposed that William Harding this Deponent's Father, was for several years before, and to the time of his Death, which happened about the Month of May 1672, Cook of Exeter College in the University of Oxford, and after his Death, He, this Deponent, went to the Dr. to know how he should dispose of himself, and told him that he had promised to be kind to him, and thereupon he treated with him for the Place of Cook of the said College, who told this Deponent that he should have the Place cheaper by Fifty pounds than any other Person, and thereupon they came to an Agreement, that this Deponent should pay him One Hundred and Fifty pounds, for the said Place of Cook, and this Deponent entered into a Penal Bill in the Sum of three hundred Pounds for the payment of one hundred and fifty Pounds to the said Dr. Bury within a Month after the Date of the said Bill, and thereupon the Deponent was admitted into the said place, and he afterwards paid off the said Penal Bill to the said Dr. Bury, and had his Receipts for part of the same on the back of the said Bill which he wrote with his own hand, and that after he had paid off the said Penal Bill, the said Dr. Bury delivered the same up to him, being the penal Bill hereunto annexed.  
Eodem die jurat cor. Domino Episc. Robert Harding.   

KNow all men by these presents that I Robert Harding of Oxford Cook do justly owe and am indebted to Arthur Bury Doctor in Divinity, Rector of Exeter College the sum of one hundred and fifty pounds good and lawful Money of England, one month after the Date of these presents; To the which payment well and truly to be made, I bind myself, my Heirs, Executors and administrators in the sum of three hundred pounds of Lawful English Money firmly by these presents: Sealed with my Seal, Given the fourth day of June in the four and twentieth year of the Reign of our Sovereign Lord King Charles the second etc. Anno. Dom. 1672.  
Sealed and Delivered in the presence of Francis Southcote. Jane Southcote. Marry Southcote. Robert Harding.  
Received in part of this Bill Eighty pounds.  
A. Bury.  
Received more Mar. 14. 40 pounds.   

The like Affidavits were made by William New Butler, who paid the Rector 170 pound for his place; and by Hedges the Cook, who paid Robert Harding 150 pounds for Resigning the Place; and gave 50 to the Rector for consenting to his Resignation.    

7 The Deposition of Leonard Litchfield Printer, who printed an Heretical Book called the Naked Gospel Published by Dr. Bury; since Censured and Burnt by the unanimous Decree of the University of Oxford. July 14. 1689.  
WHich day appeared Personally Leonard Litchfield of the University of Oxford, Printer, And deposeth, that I Printed a Book Entitled the Naked Gospel for Dr. Bury, who paid me for my Work, and told me, if any one questioned me for it, I should say that I had the Pro-Vice-Chancellor's leave he being then Pro-Vice-Chancellor as he told me, and at another time, told me he would bear me harmless. Not long after he sent for me, and said that it gave some distaste, and that he would make such Alterations, as would take off the offence that it gave, after which he ordered me to Print the Sheets H, and I, and as I remember, the last half sheet, and told me that he had not disposed of many, and ordered me to Print of these Alterations about 400 or more, the full Number at first was 500 He also told me he intended to leave out the sheet K, and then to Publish it with these Alterations.  
Eodem die The same Mr. Litchfield made Oath that he verily believed what he hath here wrote down and set his hand to, is True. Leonard Litchfield.   

8 A Copy of the Statute, whereby Dr. Hern's Place is Declared void.  
De promotione & causis deserendi Collegium.  
STatuimus, ut si quis hujus Collegii Scholaris cujuscunque status, aut conditionis, uxorem duxerit, aut matrimonium, vel sponsalia contraxerit, aut alicui obsequio, officio aut exercitio, per quod à studio in Universitate Oxoniensi, ultra unum Mensem in Anno, praeter quinquaginta dies, superius in Statuto de Exitu ab Universitate, & venia petenda precedente praeexceptos, impediatur, se commiserit, immediate posteaquam aliquod istorum Rectori vel in ejus absentia Subrectori certo cognitnm fuit, omne jus & titulum quem in hoc Collegio habuit eo ipso amittat, & ab illo primo notitiae die, in numero Scholarium ejusdem nunquam postea numeretur. Si vero praedictorum Scholarium quispiam, patrimonium, haereditatem, feodumve seculare, prebendam, aut aliud consimile, aut Annuam pensionem ad terminum vitae duraturam ad Annuum valorem communibus Annis Decem Marcarum, ipse vel alius ad ejus usum, & commodum assecutus fuerit, tunc eum infra annum à tempore assecutionis alicujus hujusmodi haereditatis, patrimonii, pensionis aut feodi, continue numerandum authoritate presentis Statuti, ab hoc Collegio amotum fore Statuimus ipso facto, ac postea pro non Scholari penitus haberi.  
Quod si quispiam Scholarium praedictorum, beneficium Ecclesiasticum, quod publicis, regiisve munimentis Octo Librarum annuo valore taxatum sit, pacifice adeptus fuerit, eum per Annum unum, & non ultra, in hoc Collegio Scholarem manere permittimus: Volentes ac etiam decernentes, ut post lapsum illius anni, immediate, nisi intra Annum eundem ipsum benesicium effectualiter & sine fraude ulla, & absque pensione aliqua, totaliter dimiserit, ipso facto pro non Scholare habeatur.   

9 A Copy of Part of an Act of Parliament Anno 30. Car. 2. Entitled, an Act for making Part of the Parish of St. Martin in the Field a new Parish, etc. whereby it is evident, that Dr. Hern, who is Rector of the said Parish, hath a greater Maintenance settled by Act of Parliament; and is obliged to a longer absence from the College, then is compatible with the Statutes of the College.  
BE it farther Enacted by the Authority aforesaid, that the Rector and all other succeeding Rector's of the said Parish, shall have, take and enjoy, such and the like Oblations, Obventions, Mortuaries, Easter Books, and Ecclesiastical Duties, as the Vicar of the Parish Church of St. Martin's now enjoyeth, which shall arise and grow due within the said Parish, and also, an Annuity or Yearly Sum of One hundred Pounds, to be Charged and Assessed upon all and every the Inhabitants, Owners and Occupiers of Lands, Houses, Tenements, and Hereditaments, or any personal Estate Rateable to the Poor, in such manner as is hereafter limited and appointed; Provided always that such Rector and Rectors shall and are hereby enjoined to Reside four parts of five in every Year in the said Parish.   

10. The Sentence of Deprivation pronounced against the Rector.  
IN Dei Nomine Amen: Nos Jonathan, permissione divina Episcopus Exon: & Collegii Exon: in Academia Oxon: Patronus, & Visitator Ordinarius, in negotio Visitationis dicti Collegii rite & legitime procedentes, inspecto toto, & integro processu in Visitatione hac nostra hactenus habito & facto, eoque diligenter recensito, de & cum consensu Ezrae Cleaveland, Gulielmi Read, Johannis Harris, & Johannis Bagwell Artium Magistrorum quatuor e Scolaribus septem maxime Senioribus dicti Collegii in Vniversitate presentibus, & consensus suos per manuum suarum subscriptionem significantium, Arthurum Bury S. T. P. Rectorem dicti Collegii Exon, 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 coram nobis detectorum, & probatorum, imo haeresis metu fecisse videtur,) Officio Rectoris dicti Collegii Exon & omnibus & singulis juribus, Commoditatibus & emolumentis, jure, & nomine hujusmodi officii rectoris sibi quomodo competentibus sive pertinentibus privandum, & ab eodem Officio amovendum fore de jure debere pronunciamus, decernimus, & declaramus; sicque eum privamus, & amovemus per praesentes; Eundemque Arthurum Bury pro non Rectore dicti Collegii in posterum haberi, & censeri volumus, & decernimus; ac Officium suum Rectoris dicti Collegii ad omnem juris effectum vacare, & vacuum esse pronunciamus, decernimus, & declaramus per hanc nostram Sententiam definitivam; sive hoc nostrum finale Decretum, quam, sive quod, ferimus; & promulgamus in his scriptis.  


Ezra Cleaveland.  
Guil. Reade.  
oh. Harris.  
Joh. Bagwell.  
J. Exon.     
FINIS.