A true Account of the proceedings (and of the Grounds of the proceedings) of the Precedent and Officers of St. Mary Magdalen College in Oxford, against Dr. Yerburie lately a Fellow of the same:  
Printed only to save the labour of transcribing many Copies, and to prevent the mistakes thereby apt to be incurred, and merely for the satisfaction of private Friends, who either want or desire a most impartial Information of that Affair.  
§. 1. THe Founder of the College of St. Marry Magdalen in Oxon, 
The unlawfulness of Appealing evinced from the Oath, which is constantly taken by every Fellow.  doth take so very great care throughout the Statutes, of his President's Power and Authority (especially in conjunction with College Officers, who by the Statutes are appointed for his Assistance,) more especially in inflicting every statutable sort and degree of punishment, without interruption whilst it is doing, and without trouble when it is done, that if the Deans (his Assistants) are but difficult and backward in joining with him, the Vicepresident is to be sent for, and (in his presence) they are to be deprived of the profit of their places, (as well money, as commons) 
* Stat. cap. 8. p. 33, 34.  quousque effectualiter se correxerint, & in praemissis se emendaverint. And to the end that no trouble may follow after, (as no interruption can go before,) every Fellow is indispensably to take three Oaths, (one as 
(a) Cap. 52. p. 125.  Demy, 
(b) Cap. 15. p. 43.  another as Probationer, a 
(c) Cap. 6. p. 28.  third as Fellow,) in each of which he ever swears, (especially in that which he takes as Fellow) quod Praesidenti in licitis, & honestis, maximè in Collegii negotiis & factis, obediet, assistet, & reverentiam debitam obedienter impendet. And again, 2. quod monitionibus, injunctionibus, & decretis, correctionibus, & punitionibus quibuscunque Praesidentis, etc. parebit cum effectu. And again, 3. quod contrarium vel repugnans praemissis, in judicio, velexira, tacitè vel expressè, non faciet, seu fieri procurabit, aut fieri permittet, nec eisdem consentiet quovismodo. And 4. again he farther swears 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, [si contingat me in posterum propter contemptum, rebellionem, inobedientiam, malos mores, vel alia mea 
† That D. Yerburie was punished propter sua demerita, and even less than he deserved, appears by his several confessions in his own hand-writing, and by the Visitors Sentence of Condemnation.  demerita, seu propter causas in praesentibus statutis contentas, per Praesidentem 
* Note the many Terms of universality, by which Appeals are put under a moral impossibility.  corrigi, & puniri, aut alias à dicti Collegii* sustentatione, & societate ejusdem juxta formam statutorum ejici, expelli, privari, excludi, vel etiam amoveri; ex certa mea scientia, pure, sponte, simpliciter & absolute, * OMNI ACTIONI, occasione correctionis, punitionis, vel privationis, exclusionis, expulsionis, seu amotionis hujusmodi, contra Praesidentem aut alios dicti Collegii Scholar's vel Socios qui pro tempore fuerint, conjunctim vel divisim QUOMODOLIBET instituendae, APPELLATIONIQVE & QVERELAE in ea parte fiendis, ac QVAKVMCVNQVE literarum impetrationi, precibus Principum, Praelatorum, Procerum, Magnatum, & aliorum QVORUMCUNQVE, QVANTUMCUNQVE alias mihi probitatis & vitae merita suffragentur, in vim pacti renuntio in his Scriptis.]  
§. 2. Having thus premised the Fellows Oath which had been taken by Dr. Yerburie, and of which he had been often put in 
* Note that Dr. Yerbury being admonished of his Oath against Appealing, was thankful for the charity of that admonition; saying first to the Precedent, and afterwards to Mr. Basket (in these words, or to this effect,) I am not so much in love with perjury, as to break my oath to no purpose; nor so fond of an expulsion, as to incur it by an Appeal.  mind by the President, an Oath excluding the possibility of Appeal in the case of punishments and corrections, to any power or person to be imagined, much more to the Visitor, the Bounds and Limits of whose Power were fitly set him by the Founder, (as being an Officer of his Creating;) let us consider how this Oath may be illustrated or explained by several statutes, wherein Appeals and Complaints are interdicted by the Founder, and which the Fellows of the College are sworn to keep.  

And from the several following Statutes, which every Fellow is sworn to keep.  First in the Statute [de Lectura statutorum, & scrutinio pro delictis detegendis habendo, cap. 16. p. 46, & 47.,] when any person of any quality shall be punished at the discretion of the Precedent and the Deans (or any one of Them,) The person punished is enjoined to undergo his correction, Cessantibus QVIBVSCVNQVE Provocationibus, Appellationibus, & aliis juris & Facti Remediis, per quas, seu per quae ipsius delinquentis correctio & punitio differri valeat, seu alias quomodolibet impediri, sub poena amotionis perpetuae à Collegio memorato. Here the punished party, 
* Cap. 16. p. 47.  although he knows not his accuser, and is bound not to know him sub poena perjurii, is yet obliged to acquiesce in whatever punishment is inflicted, without any Complaints or Appeals of any kind whatsoever, and without all kind of remedy; and all under the penalty of perpetual Banishment from the College.  
Secondly, in the Statute de correctionibus faciendis circa delicta leviora— (cap. 25. p. 62, 63.) The Fellows are capable of being put out of Commons, (and de facto have been often by Dr. Frewen, oftener yet by Dr. Langton, extremely often by Dr. Humphrey, as appears by the College Registers,) even by the strength of that weakest Statute: Ipsumque nihilominus sic delinquentem, juxta excessum & delicti qualitatem, Praeses Predictus (vel vicepraeses absent Praeside) cum consensu duorum Decanorum, vel saltem unius, corrigat puniatque pro commissis: Quam correctionem & punitionem, culpabilis in ca parte absque contradictionis, APPELLATIONIS, vel QVERELAE obstaculo, sustineat patienter: & si similia fecerit post, arctiùs & acriùs procedatur contra cum, etc. Here Complaints and Appeals are made to be morally impossible.  
Thirdly, in the Statute [the correctione sociorum super majoribus criminibus defamatorum, Cap. 27. p. 65, 66.) If any Fellow shall be guilty of manifest perjury, or Breach of oath, of theft, of conspiracy against the good estate of the College, or of any other Fact bringing prejudice or scandal to the same; & shall be convicted of it, either by his own confession, or by competent witnesses to be approved of in the judgement of the Precedent, with the assistance of the Vicepresident, two Deans, and Bursers of the College, or by evidence of the Fact; EX TUNC à dicto Collegio praesentis nostrae ordinationis vigore, nulla alia praemissa monitone, eum exclusum, & privatum fore ipso facto decernimus & statuimus, absque CUJUSCUNQUE APPELLATIONIS remedio vel QUERELAE. Here all Remedy by Complaint or by Appeal in any kind, is most strictly forbidden in the case of expulsion.  
Fourthly, in the Statute, by which Dr. Yerbury was put out of Commons, (cap. 35, p. 92.) The Precedent sitting with the Deans and Bursars', and other Fellows whom They shall choose, is to put an end to all dissensions and quarrels, within the College walls. Which proves, that in That, as in many other cases within the College, (though not in all,) the Precedent with his Assessors is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, & le dernier Resort de la justice.. The Founders own words are precisely These. Nec liceat alicui de dicto Collegio cujuscunque status aut gradus extiterit, occasione alicujus Irae, Rixae, jurgii aut dissensionis infra dictum Coll. ortae vel motae inter eosdem, persecutionem facere, aut litem aliquam movere, vel aliquem impetere, aut ad judicium trahere, coram aliquo judice extrinseco Ecclesiastico vel seculari. And that by judex extrinsecus, he means the Visitor himself, as well as any other foreign Judge, is undeniably apparent from the very next words; Sed volumus quod omnino hujusmodi jurgia, irae, rixae, discordiae, & dissensiones, infra dictum Collegium per personas praedictas, (to wit the Precedent, Vicepresident, Deans and Bursars') aliqua ordinatione bona seu concordia FINALITER terminentur, & etiam decidantur. And in the same Statute, quicquid ipse Praesidens cum Vice-Praesidente, Decanis, & Bursariis, in praemissis duxerit ordinandum, per partes hujusmodi discordantes firmiter observetur, & executioni absque contradictione qualibet demandetur.  
Fifthly, at the close of the very same Statute (p. 93.) there is to be found this other instance of the Precedents being impowered, yea, appointed and enjoined (together with Them above recited) ipso facto to expel a disturber of the peace and unity of the College, as a perjured transgressor of College Statutes. Si post monitionem Praesidentis, aut eo absent Vice-Praesidentis ab incepto non desistaet, si judicio eorundem, & majoris partis 13. Seniorum in ea parte culpabilis, & parere recusans reperiatur, tunc ipsum ut unitatis & pacis perturbatorem, & statutorum Coll. nostri violator●m tanquam Perjurum perpetuo exclusum, & amotum decernimus ipso facto. In which case, there cannot be place for an Appeal, be the sentence right or wrong, if such as 'tis, it is given, judicio Praesidentis & Assistentium; for that is all that the Statute does require to the expulsion spoken of, though that judicium should be erroneum. Exactly so it is in that other statute, by which we sentenceed Dr. Yerburie to a much lesser punishment. Si judicio Praesidentis & unius Decanorum reus esse apparuerit, etc. 'tis neither required nor supposed that our judgement should be Infallible; It justifieth the Statute, that 'twas our judgement; aequum, an iniquum, it matters not, 'tis ex decreto Fundatoris, a very statutable sentence, of which the party grieved cannot pardonably complain (much less from it can he Appeal) unless he can prove that our sentence was against our own judgement. For whether that Judgement were true or false, It is abundantly enough, that it was Sincere. This is said only to prove, that our Sentence had been just, (that is, according to the statute,) although our judgements had been erroneous. But that our judgements were not erroneous, and that our sentence was Milder than for the grievousness of the offence, our Visitor did declare at a public hearing, and (since that) by a public instrument under his Lp's own hand and Episcopal seal; And Dr. Yerburie himself hath confessed in writing, as is to be seen in the College Register.  
§. 3. Now having proved from the Statutes and the Oath above written, 
How the power of the Visitor is circumscribed in the statutes.  that no Fellow of our College can appeal to the Visitor in such a case, without committing the crime of Perjury, (which without 
* Cap. 27. p. 66.  all Remedy or * Delay is to be punished with expulsion, as shall be showed,) we shall proceed to give an Account of the Use and Power of the Visitor, as the Founder hath prescribed in the conclusion of his Statutes. Where first it being said what he is not to do, 'tis presently added what he is. 
† Et si aliqua nova statuta per aliquem successorum nostrorum Episcop. Winton. cap. 54. p. 131.  First, he is not to make any new Statutes at all, nor so much to as interpret the Founder's Satutes, unless according to the 
* Nolentes insuper aliquam interpretationem fieri de iisdem aut circa ea, nisi juxta planum sensum communem intellect. etc. ib. p. 132.  * plain and common sense and understanding, according to the literal and Grammatical importance. Against which importance if he shall happen to expound, we are † sworn to reject such expositions.  
It being said what he is not, 
About what it is proper to be conversant.  it presently follows in the Statute what he properly is to do. 
† Cap 54. p. 131.  Si tamen de & super aliquo articulo nostrorum Statutorum inter Praesidentem & Socios aut aliquas personas nostri Collegii dubium aliquod seu discors opinio oriatur, cujus decisio, sanus & planus intellectus intra Quindenam à tempore Emergentis Dubii conputandam nequiverit haberi, tunc volumus, quòd Praesidens nostri Collegii, quam citiùs poterit, Dominum Episcopum Wintoniensem pro tempore existentem, in quo sinceram fiduciam ponimus, consulat; cujus quidem determinationi, interpretationi, Declarationi, super praedicto dubio faciendae, volumus Praesidentem, Socios, & quascunque personas nostri Collegii obtemperare, & cum effectu parere, etc. After which he goes on to say, that the Visitor is to expound the controverted Statute Secundum grammaticalem & literalem sensum & intellectum, etc.  
§. 4 Now 'tis obvious to observe, 
What observables arise from the statute last mentioned.  first that here is no mention of any possible Appeal to be made by provoked and punished Malefactors, from the Precedent & Officers by whom the punishment is inflicted, without the least discord, or doubting, about the sense of the Statute, by virtue of which it is inflicted. Nor did the Criminal himself ever pretend any such thing. Secondly, we observe, that when a doubt of the sense of any Statute does arise, the Precedent must Appeal, and none but he. (Thirdly.) Nor must He do it neither, until together with the Officers, he has debated the matter for 15. days. So careful was the Founder that the Visitor might not be troubled, but in a case of mere necessity; whereas if the Visitor will admit of an Appeal from every person, who shall repine at his punishment (though exceedingly less than his crimes deserve,) neither the Visitor, nor the Precedent, no nor the College where he presides, shall ever enjoy either peace or honour. Fourthly, we observe from our College Registers, that ever since the Foundation, (somewhat more than 200 years,) though frequently the Fellows have been put out of Commons, propter verba tantùm indecora, and frequently expelled for their Rebellions, to the President's order and command, (
* E.G. Cap. 6.28. & cap. 14. p. 40.  Rebellion is often the Founders own word,) yet there never was an example of any Fellow or other person who appealed unto the Visitor or to any other power, upon pretence of an unjust or a rigorous Sentence. Mr Searle and Dr. Yerbury are the two first persons who durst attempt it.  

The usefulness of the Visitor in 5. respects, by way of Prolepsis to all objections.  §. 5. But notwithstanding that there cannot be a Statutable Appeal from the Precedent and Officers in the case of correction; yet there is use of a Visitor in many respects. As first, when due corrections and Reformations are obstructed, by the multitude or potency of the Offenders themselves, or their Abettors. Here the Precedent by his Oath is bound to complain unto the Visitor, giving up to Him the Offenders names. 
a Vid stat. de jurament. Dni. Praes. c. 2. p. 8. & 9  Next, in matters of difference between the Precedent and Fellows, when the difference cannot be ended by the Vicepresident, and Deans, and the Signior Fellows; the Visitors judgement is to be sought, and submitted to. 
b c. 2. p. 11.  Thirdly, when the Visitor shall be entreated and sought to a visitation, either by the Precedent, Vicepresident, 3. Bursers, and three Deans, or by the 12. Seniors, or by the common consent of all the College. 
c v. stat. de Visit. cap. 53. p. 126, 127, 128.  Fourthly, Once in three years, though not desired by any person, either within or without the College, the Visitor by Statute may come and visit, super omnibus & singulis Statutis commodum & Honorem Collegii concernentibus. 
d Cap. 53. p. 126. & 127.  Fiftly, in cases of dispute about the sense of any Statute betwixt the Precedent and the Fellows, when the precedent and his Assistants cannot clear the doubts within 15. days, Then the Precedent is by statute to consult the Visitor, and all must acquiesce in his Decision. 
e v Conclus. statut. cap. 54. p. 131.   

The Precedents obligation from his oath to punish the Violators of statute without Fear or Favour. Cap. 2. p. 8.  §. 6 Now follows part of the President's Oath, by which he stands obliged to punish all persons of all qualities in the College, without favour or partiality. Quodque quantum in me fuerit, correctiones, punitiones, & reformationes debitas, veras & rationabiles, & justas, de quibuscunque delictis, & criminibus, & excessibus Scholarium & Sociorum dicti Collegii Quorumcunque, quoties, ubi, & quando, & prout opus fuerit, juxta negotii qualitatem, omnemque formam & effectum Ordinationum & Statutorum praedicti Collegii, per dictum Reverendum Patrem editorum, absque partialitate quâcunque, postpositis & cessantibus omnimodis prece, pretio, amore, timore, odio, invidia & favore, nec non affectionibus consanguinitatis & affinitatis, facultatis, sive Scientiae, ac praerogativis specialibus, ex quibuscunque causis praetensis, etiam vel conceptis, diligentèr & indifferentèr faciam & exercebo, & ea per alios fieri & exerceri faciam, & etiam procurabo, & ea quae in ea parte faerint facienda fideliter in omnibus exequar, & exequi faciam juxta posse.  

The Purport and Scope of Dr. Yerburies' Apeal.  §. 7. When according to this Oath, and in obedience to the Statute (cap. 35. p. 91, 92. The Precedent with the Officers (appointed by Statute to assist him) had put Dr. Yerburie out of Commons, Decemb. 27. 1662. He, against his own Oath, and Declaration and the Statutes of the College above recited, made an Appeal unto the Visitor, wherein he accused both the Precedent and the Officers, 
† Note that these wilful and studied slanders (for which he was afterwards condemned both by the Visitor and Himself) were all commenced in the dreadful Name of God, and so we leave it to consideration, whether there was not in his Appeal a most wilful Breach of Oath.  of conspiring together to do him wrong; of meeting in a time and at a place altogether incongruous; and of passing upon him an unjust sentence, without any Accusation, or Information, or complaint brought against him, against the Form, Tenor, and Grammatical sense of the College Statutes, etc. Things not only false, and groundless, but against his own knowledge, and his manifold Confessions, not only when he submitted to the sentence given, (as he then did profess) with all meekness and humility, but also after he had made and presented his Appeal.  

His solemn Trial and conviction before the Visitor, with the Visitor's sentence of condemnation.  § 8. The Visitor appointed a day of hearing, (which was April. 9 1663.) when the Precedent and his Advocate (having first protested against the Illegality of the Appeal on Dr. Yerburie's part, and reserved that question [whether he might Appeal or not] for a fitter season of debate) produced a Certificate of the matters of Fact, attested by the Precedent, Vicepresident, Deans, and Burs●rs, and as many more of the 13. Seniors as had been eye and ear witnesses, and were present in the College when the Certificate was to be signed. According to which Certificate, Dr. Yerburie was guilty in 15 Particulars, the least of which of itself had been sufficient, to justify the punishment inflicted on him. But he had a Narrative of his own drawing up, which some while before he had presented to the Visitor. And even according to that his own Narative, (how partial soever he had made it, and how skilfully soever his learned Advocate had pleaded in its excuse, when to defend it was most impossible,) The Visitor, as the judge Appealed to, did declare him he guilty in no less than nine points, even according to the Confessions which in his own hand writing were then produced. The Visitor also told him (in the presence of the Precedent, and of the Advocates on either side, and of a great many more both friends and strangers,) that his Crimes were much aggravated by the unjustness of his Appeal; and by having been committed against a Precedent, who had been very obliging to him, as having spared him often, and corrected him at last with much more tenderness and favour, then according to the Statutes he might have done. Then his Lp. did 
* Note that the Visitor did not enjoin, yea said expressly that he would not enjoin the Precedent, to forbear expelling D. Yerburie, in case he should obey the whole Decree, by his Confession, and Recantation. But only made it his Request, To which the Precedent made a Conditional promise, that he would not expel him, unless befound himself bound to do it, upon a review of his Oath and the College Statutes, in which one case Dr. Yerbury's Recantation could not acquit him.  enjoin him to make a submission, and confession, and Recantation, before the Precedent, and Officers, in such form and manner, as his Lp. said he would Decree in an Instrument, under his hand and Episcopal Seal.  
§. 9 Two Confessions and Submissions (and both in writing) Dr. Yerburie made before the Visitor and the Precedent, 
His two first submissions rejected by the Visitor, though the same in substance with his two last. The Visitor's Instrument thereupon directed to our Vniversitty, under his Lps. Hand and Seal.  (one April the 9 another April the 10,) but both being rejected as insufficient, his Lp. sent down an Instrument signed with his own hand, and sealed with his Lp's Episcopal seal, the Original of which is in the custody of the College, but a true Copy of it is this which follows.  
§. 10. Omnibus Christi fidelibus, ad quos hoc praesens scriptum pervenerit, aut ad Quos infra scripta spectant, seu spectare poterunt quomodolibet in futurum.  
Georgius permissione divina Winton Episcopus Salutem in Domino. Vniversitati vestrae notum facimus, & pro veritate attestamur, quod scrutato Registro nostro comperimus & invenimus quandam sententiam per nos nuper latam sub tenore verborum sequentium.  
In Dei nomine amen. Auditis visis & intellectis, ac plenariè & maturè discussis per nos Georgium permissione divina Winton. Episopum, & Collegii Sanctae Mariae Magdal. Oxon Visitatorem (in causa infra scripta inter partes inferiùs nominatas, virtute officii mei visitorii) Judicem legitimè constitutum, meritis & circumstantiis cujusdam causae praetensae Appellationis & Querelae, quae coram nobis in judicio inter Hen. Yerbury M. D. dicti Collegii sociorum unum partem appellantem, & querelantem ex una, & venerabilem virum Thomam Pierce S. Theol Professorem, Praesidentem, & Decanos dicti Collegii partes appellatas & que●●●atas ex altera, nuper vertebatur & p●ndebat, Vertiturque adhuc & pendet indecisa, ritè & leitimè procedentes, partibus praedictis coram nobis in judicio comparentibus, parteque praefa●i Thomae Pierce & Decanorum praedictorum Sententiam ferri, & justitiam fieri pro parte sua parteque praefati Hen. Yerburie justitiam pro parte sua instantèr respectiuè postulante, & petente; rimatoque primitùs per nos toto & integro processu coram nobis in huimodi causa habito & facto, & diligenter recensito, servatisque per nos de jure in hac parte servandis, ad nostrae senentiae definitivae sive nostri finalis Decreti prolationem, in hujusmodi causa ferendi, sic duximus procedendum fore, & procedimus in hunc qui sequitur modum.  
Nos Georgius permissione divina Winton. Episcopus, judex ante dictus, Christi nomine pri●mitus invocato, ac Deum solum oculis nostris proponentes, deque & cum consilio jurisperitorum cum quibus in hac parte communicavimus, maturèque deliberavimus, appellationem & querelam praetensam ex parte & per partem dicti Hen. Yerbury in hac parte utcunque de facto interpositam, fuisse ac esse nullam, in justam, & de Jure prorsus invalidam, & ex minus veris, justis causis & legitimis factam & interpositam, viribusque & effectu juris caruisse & career debere.  
Ac benè, just, & legitimè, per Praesidentem & Decanos antedictos à quibus in hac parte appellatum & querelatum extitit processum, 
The chief part of the Injunction, to which Dr. Yerburie in writing did finally refuse to yield Obedience, as well as in contemptuous words, attested by a public Notary.  pronuntiatum, & decretum fuisse & esse adomnem juris effectum, pronuntiamus, decernimus, & declaramus.  
Et 1. Ob prolationem * verborum quorundum sic imprudenter & inconsideratè per praefatum Henricum Yerbury, loco & tempore praedictis emissorum, contra quendam Henricum Clerk Med. Doctorem Sociorum etiam dicti Collegii unum, & contra dicti Collegii statuta in eo casu provisa * Eadem ut Recantet & Retractet; 2. Ac dictam sententiam sic contra ipsum per supradictos Praesidentem & Decanos la●am fuisse ac esse justam, & legitimam; 3. paenamque eidem impositam & inflictam, aliquanto mitiorem, & favorabiliorem, quam pro delicti gravitate fuisse, coram Praesidente ac Decanis praedictis confiteatur, 4. Eamque Confessionem in scriptis eisdem tradat, Injunximus & Injungimus.  
Ac insuper dictum decretum per Praesidentem & Decanos antedictos interpositum, per hanc nostram Sententiam definitivam, sive finale decretum Ratificamus & Confirmamus per praesentes; Quam sive Quod, ferimus & promulgamus in his Scriptis.  
In quorum omnium & singulorum praemissorum fidem, nos Episcopus antedictus has literas nostras fieri fecimus Testimoniales; sigillo nostro Episcopali (quo in hac parte utimur) munitas, & manu propria consignatas. Dat. Decimo die Aprilis, Anno Dom. 1663.  
Geor Winton.  
junii 17. 1663. Concordat cum Exemplari à M ro Cruys Notario publico, trasmisso. Ita testor Edw. Houghton, Notarius Publicus. Concordat cum Originali, Ita Testor Robertus Cruys LL. Bac. & Notarius Publicus.  

Yet was he not expelled for that Crime only, final Contempt to that Decree, but for several other Crimes to each of which an Expulsion did indispensably belong.  §. 11. Now it's as clear as the light, from the words of this Instrument, that Dr. Yerburie was obliged by the Visitors sentence and Decree, not only to confess, that he was justly and statutably punished by the Precedent and the three Deans, by whom he was put out of Commons, no nor only to confess that his punishment was milder and more favourable then for the grievousness of his offence; But (as the first and chief thing in the Visitors Injunction) he was also to Recant and Retract the words (EADEM verba, the very SAME words,) which he had imprudently and inconsiderately vented, both against Dr. Clerk, and against the Statutes of the College: for his final Contempt to which part of the Decree, although the Precedent and Officers might very justly have expelled him, yet did they expel him for several other Crimes, as well as that, to which other Crimes an expulsion from the College was so peremptorily due, that if they had not expelled him, they had been perjured. For thus stands the case, and thus it is expressed in the College Registre, by the pen of a public Notary.  

Being Cited he appears.  §. 12. According to a Citation which was delivered to Dr. Yerburie, he made his Appearance on the day and place therein limited. And at a meeting of the Precedent and 13. Seniors, being required to perform obedience to the Visitors Injunction, as much as might be in his Lp's own words expressed in the Instrument, by turning the Subjunctive Mood into the Indicative, and the third person into the first, or by translating them into proper and significant English words, that his Lp's Order might be fully and unfraudulently obeyed, he did often, and absolutely refuse to do it, nor would give in more at that time, than these words following.  
April the 28. 1663.  

His first Paper not accepted, and Time given him for a second.  § 13. I Henry Yerbury Dr. of Physic and Fellow of St. Mary Magd. College Oxon, do readily & willingly submit to the Determination of the Reverend Father in God George Ld. Bp of Winton, Visitor of the said College, according to an Instrument under his Lp's Episcopal seal, Acknowledging that as to the manner of what I spoke at the late Election of Officers, concerning Dr. Clerk, (being the only thing condemned by the Visitor) I was not so prudent and considerate as became me; and that all Truths were not then and there to have been spoken against him.  
H. Yerburie.  
§. 14. This being not accepted, (as being scandalously deficient) he was warned to give his last Answer, and to prepare himself for it by nine of the Clock the next morning; when, at a like meeting, he finally refused to yield obedience to what was required, as before, especially to the most important clause of the Visitors Instrument, ending with these words, Eadem ut Recantet & Retractet, but in stead of doing That, gave in a paper with these words following.  
April 29. 1663.  
§. 15. Whereas Mr. Precedent declared himself unsatisfied with that submission tendered by me yesterday, 
His second paper, which he professed to be his last.  alleging that it was deficient in several particulars, (which I conceived had been sufficiently implied, though not expressed) namely, that I had not confessed the sentence given against me by the Precedent and the three Deans, to be just, and that the punishment inflicted was milder and more favourable, than the weight of the offence, I do now in express terms confess, and acknowledge these particulars, and what ever else my Lord our Visitor by his instrument hath enjoined, his Lp. having been pleased to interpret those words, recantet & retractet, to respect only the imprudent and inconsiderate manner of what I said, without relating to the matter or truth of it, not to be recanted by  
Hen. Yerbury.  
Vera copia, ita testor Edu. Houghton Notarius Publicus.  
§. 16. This second submission having been read, in the hearing of the Officers and 13. Seniors, 
Made appear to be faulty in no fewer than Ten or Eleven respects.  (together with a public notary,) the Precedent made it appear to be in many respects deficient, in divers, false, in some contumelious; and that as well to His authority, as to the Visitors Decree. For first, whereas he calls it his yesterday submission, it was in reality a refusal to submit, both to the instrument of the Visitor, and to the President's Order thereupon. Next, a submission is at once too general and equivocal a word, and comes not home to the Visitor's instrument, which requires Confession and Recantation. Thirdly, the recital of what was said to be yesterday deficient, is itself deficient, and very fraudulent. For besides the two particulars which are here recited, he was yesterday told of his being obliged to confess, that his Appeal was null, unjust, and made up of things false, unjust, and illegal. Nor only so, but also in writing to recant and retract his 
* Eadem verba, etc.  very words, which he imprudently had vented both against Dr. Clerk, and against the Statutes; which although the chief things exacted from him, he neither than did, nor doth he now take notice of. Fourthly, the two particulars which he recites of what he yesterday omitted, are very falsely recited in several respects. For according to the instrument his confession was to be this, [That it was well, and justly, and legally decreed by the Precedent and the Deans, when he was put out of Commons for fifteen days;] The first and third of which adverbs he wholly leaves out, and turns the second into an Adjective; betwixt which two there is a great and important difference; because a sentence may be just, which yet (in many respects) may be unjustly and illegally pronounced. Again, according to the instrument, wherein the words are, poenam ei inflictam fuisse favorabiliorem quam pro delicti gravitate, he should have confessed in the English, that his punishment was more favourable than for the Grievousness of his offence: whereas he falsely translates it thus, (as well in mockery to the instrument, as against common sense,) that the punishment was more favourable than the weight of his offence: as if gravitas in That place had signified weight; and that the weight of the offence had been favourable too; or that the punishment was but more favourable, than That which was not so at all. For which, and divers other reasons, (especially that the Visitor might not be mocked and derided, under pretence of his being obeyed) the Precedent insisted on what he frequently had enjoined, to wit, that Dr. Yerbury should show the impartiality of his obedience to the Visitors Order & Decree, by varying no more from the words of the Instrument, wherein his Recantation and Confession are enjoined, than * by turning the third into the first person singular, and the Subjunctive mood into the Indicative: which he often and finally would not perform. Fifthly, he saith he doth now in express terms confess and acknowledge these particulars; whereas the Terms are not expressed in conjunction with his Confession; which if any, is but employed, as it stands in connexion with [express terms] and [these particulars.] Sixthly, he professeth to confess whatsoever else my Lord our Visitor by his Instrument hath enjoined, in merely indefinite and general Terms; neither naming the nullity, falseness, injustice, and illegallity of his Appeal, (which he was to confess in writing, and terms express,) nor so much as Comprehending or Implying those things, which the Visitor had commanded him to recant and retract, and not to acknowledge, or to confess: unless he purposely means to scoff, both at the Visitor and his Instrument, by declaring to confess what he is bound to disavow. Seventhly, by saying [That his Lp. had interpreted those words, retractet & recantet, to respect only the imprudent and inconsiderate manner of what he said, without relating to the matter or truth of it,] he usurps and injures his Lp's. name and Lp's own hand and seal; and withal against the judgement of Common sense. Against the former, as appears by the words of the Instrument, to which his Lp's. own hand and seal are fixed; (a copy of which instrument Dr. Yerbury professed to have in his pocket, and so he could not make excuses from wants of knowledge;) against the latter, for these two reasons; first because the two words imprudenter & inconsideratè are not ingredients in the object, on which the act of Recanting is in the Instrument to be placed, (unless by way of consecution, as the word Eadem doth relate to the whole clause going before; in as much as verba imprudenter & inconsideratè emissae contra Hen. Clerk, & Collegii statuta, are clearly to be taken in sensu composito;) but more directly in the Reason which his Lp. allegeth in his Instrument, why he decreed the Recantation: witness these words, [ob prolationem verborum, etc.] Next because the Recantation (both Act and Object,) is enjoined in these words by ☞ the Visitor and his Instrument, Eadem ut recantet & retractet, injuximus, & injungimus. Where 'tis so plain that the word [eadem] agrees with [verba] going before, that there is no possibility it should agree with any thing else. Which made so clear a demonstration, that the words themselves were to be recanted, and not the bare manner of their prolation, That Dr. Yerbury confessed more than once, the Visitors Instrument was against him. Eightly, in saying that his Lp. did interpret [recantet & retractet] to respect only the imprudent and inconsiderate manner of what he said, without relating to the matter; he chargeth his Lp. with an absurdity, which could not possibly stand with his Lp's great wisdom. For, to omit that he opposeth his Lps private interpretation (made no-body-knows when, and before no-body-knows whom,) against his public Instrument and decree, (as was said before,) to which (in the hearing of the Precedent) his Lp. exacted a full obedience, and that upon pain of his being left to the greatest severity of the Statutes; he also forgeth his Lp. to have done a thing so extravagant, that it may very well be reckoned inter scandala magnatum. For when [eadem] is the word which agrees with [verba] and is governed by the words [recantet & retractet,] how can any man say, (Dr. Yerbury only excepted,) that [retractet & recantet] have no relation to the matter of what was said, when they must rather (of the two) have relation to nothing else? Or if they relate unto the manner, (as by way of Connotation they also do,) yet can it not possibly be exclusive of the matter, if [eadem ut recantet] be sense or Latin; as That must necessarily be, to which (with so great and so 
* Christi nomine primitus invocato, ac Deum solum oculis nostris proponentes, de & cum consilio Juris-peritorum cum quibus in hac parte communicavimus, maturéque deliberavimus, and so forwards in the Instrument.  avowed a consideration) his Lp. set his own hand and Episcopal Seal. Ninthly, in saying, that Recantet & Retractet, do not relate unto the Truth of what he said, he is just as impertinent, as in other things false. It having been somewhat else, and not the truth of what he said, for which his Lp. did declare he had been justly put out of Commons; and for which, as for other Reasons, his Lp. enjoined him to recant. The falsehood of much, if not of all that he had said, having been proved by the Precedent, as well before the Visitor in the presence of Dr. Yerbury, (who did not offer at a reply in his vindication,) as in the presence and hearing of the thirteen Seniors, when Dr. Yerbury was not silent only, as to any reply, but seemingly satisfied and convinced by what the Precedent had said in return unto him. Tenthly, 'Twas observed in the President's Animadversions on Dr. Yerburie's last paper, That though he confesseth Two particulars, yet still he retracteth and recanteth nothing at all; no not so much as the imprudent and inconsiderate manner of what he said, to which his paper confesseth the words Recantet & Retractet in the Instrument do relate. Last of all, for the matter, which is imported by the word eadem, and needs must be, (whether the manner be, or not,) he does not only pass it by, (as he does the manner,) or by a modest silence, not recant it, but immodestly declares, (notwithstanding his own acknowledgement of the Visitors Injunction, and its importance in the Instrument,) That it is not to be recanted by him.  
§. 17. These were the President's Animadversions which he delivered to this effect, and in much the same terms, 
Dr. Yerburie's Confession that the Visitor's Instrument was against him; with his final Asseveration That he would not recant his words.  by word of mouth, (before the persons above named) 
(a) This is said only to show, That the Faults of his Submission were so gross and obvious, as not to need a second Thought for their Discovery.  as soon as he had read Dr. Yerburie's Paper, which he did with an audible voice. This being done, he required Dr. Yerburie to give his last and final answer, whether or no he would recant, as the Visitor's Instrument had obliged him, and as his Precedent did require. And the rather did he call for a final answer, because the patience of all present had been already much tired, and himself on the morrow was to take a long journey in College-business. To which it was said by Dr. Yerburie (in these words, or to this effect;) 
(b) Note that he offered to alter some phrases or expressions in his Paper, not relating to the Recanting or retracting of any words.  It is my last and final answer, (And should you ask me never so long, I should but give the very same,) That I cannot retract and recant my words. And though I must confess again, that the Instrument is against me, I can do no more than I have done in that Paper.  
§. 18. The Precedent hereupon read the Oath 
(c) Cap. 6 p. 25, 26, 27.  which had been taken by Dr. Yerburie; 
The Precedents and Officers Proceedings thereupon.  and showed him (as he read) his manifold transgressions and breaches of it. Then he read over that other Statute, of which the title is, 
(d) Cap. 27. p. 65.  Quomodo proceditur contra Secios & Scholar's Coll. super majoribus criminibus defamatos;] and told Dr. Yerburie, to whom he read it, that as well for his manifest and manifold breach of Oath, whereof himself and the Officers had found and judged him to be guilty; and to each of which Breaches of Oath an Expulsion from the College did by force of that Statute indispensably belong; 
(e) Ib. p. 66.  (Ex tunc, & ipso facto, nullâ aliâ praemissâ monitione, & absque cujuscunque Appellationis remedio, vel querelae,) as also for his conspiracies against the good estate of the College, and for other great crimes bringing Scandal and prejudice unto the said College; such as were his Contempts, and his Slanderous Defamations, committed against the 
(f) This will be proved by his own Letters from London to Oxford, and by his own Confession of them in the presence of many witnesses, one whereof is a Public Notary, under whose hand it is attested.  Visitor, the 
(g) This will be proved, as by other evidences, so by his Letters to Mr. Tayleur, which he communicated to divers who will attest it As also by divers other Letters, and words of mouth, to four other persons, of which proof will be made when occasion serves.  Precedent, and Officers of the College; for all these reasons, and especially for the first, (which alone had been too sufficient,) He the said Precedent did then affirm, That with the sober advice, and by the unanimous consent, of all the Officers there present, who were appointed by the said Statute to concur and assist in that particular Case and affair, he was obliged to declare, and did declare his Place void; and that ex tunc (as the Statute words it) he stood deprived for ever of all right and title to the place of a Fellow, which once he held, in Magdalen College here in Oxford.  
Which Sentence being pronounced, 
His Submission to the Legality of his Expulsion, and his promise to keep his Oaths, by not so much as complaining of it.  Dr. Yerbury put on his hat; affirming that now, being not a member of the College, he need not show that respect to which he was bound when he was Fellow. For which ingenuous acknowledgement that now he ceased to be a Fellow, the Precedent first gave him a Commendation; and then required him by virtue of two other Oaths, (which He the said Dr. Yerburie had formerly taken,) to declare in writing under his hand, 
* Cap. 15 p. 43. Cap. 52. p. 125.  That he did perfectly acquiesce in his Expulsion, and would not endeavour his Restitution by procuring any Letters, or by making any Appeals, nor create any trouble to the Precedent and Officers, or either of them, by any process of Law, or other course whatsoever. To which Dr. Yerburie made this Answer; That he would look upon his Oaths, which then were showed him, and doubted not but he should perform what by those Oaths he was bound unto; and that the more to the President's satisfaction, for taking time to consider of it.  
The truth of these things, at which I was present on the said 29th of April, is attested by me Edw. Houghton Public Notary.   

Statut. Cap. 27. p. 65.  

A true Copy of the Statute, by virtue of which Dr. Yerburie was expelled.  §. 19 Item statuimus, ordinamus & volumus, quòd si contra aliquem Sociorum vel Scholarium dicti Collegii infamia oriatur, super crimen Haeresis, Simoniae, aut super perjurio manifesto, vel furto notabili, homicidio voluntario, adulterio, incestu atroci, percussione injuriosâ Socii vel Scholaris, laesionem enormem inferente, praesertim Praesidentis, Vice-praesidentis, alicujúsve Decanorum vel Bursariorum, Magistri, vel Doctoris ipsius Collegii, vel super alio crimine similiter enormi, aut aliquo alio crimine de majoribus criminibus, vel quòd notorious fornicator existat, aut quòd conspirationes illicitas fecerit aut inierit, vel eas fieri procuraverit contra Statum dicti Collegii, vel facientibus conspirationes hujusmodi praestiterit consilium, vel favorem, aut aliquod factum ejusmodi perpetraverit, per quod grave damnum, praejudicium vel scandalum dicto Collegio generetur, & praemissa, vel eorum aliquod, publicè confessus fuerit coram Praesidente dicti Collegii, assistentibus sibi Vice-praesidente, duobus Decanis & Bursariis, vel per Testes idoneos Praesidentis, Vice-praesidentis, & aliorum superius nominatorum judicio approbandos, aut per Facti evidentiam coram eisdem reus manifestè convictus fuerit, ex tunc, à dicto Collegio praesentis nostrae Ordinationis vigore, nullâ aliâ praemissâ monitione, eum exclusum & privatum fore ipso facto decernimus & statuimus, absque cujuscunque Appellationis remedio vel querelae.  

The Conclusion.  §. 20. After This we desire it may be heeded, first, that Dr. Yerburie did finally Refuse to obey the chief part of the Visitor's Instrument and Decree. Secondly, that we expelled him, not singly and solely for that Refusal, but for several other Crimes for which we must have expelled him, or else be perjured. Thirdly, that we did not require him to repeat whatever words he had spoken against Dr. Clerk and against the Statutes, and so to recant them in the Retail, (though according to the Instrument we might have done it;) But being desirous to make his Task as easy for him as was possible, we did only require him to recant them in the Gross, as our Visitor in his Instrument was pleased to order and enjoin. Fourthly, that we omitted to make any mention (in our Injunction,) either of matter or manner, Truth or Falsehood, for fear of putting any Rub in the way which we had smoothed to his Recantation; But dealing tenderly with him as with a weak (whom yet we found a wilful) Brother, we required him only in general Terms to yield obedience to the Visitor's Injunction, which did concern his Recantation. And to prevent all deceit which is apt to lie in Generals, as well as to vindicate and evince the perfect Sincerity of his obedience, we required him to comply with the Visitor's most plain and unavoidable Sense, by varying no more from his very words, then by turning the third person into the first, and the Subjunctive into the Indicative mood, and so instead of those words (which are the Visitors in his Instrument,) Ob prolationem * VERBORUM quorundam sic imprudenter & inconsideratè per praefatum Henricum Yerburie loco & tempore praedictis emissorum contra quendam Henricum Clerk Medicinae Doctorem, Sociorum etiam dicti Collegii unum, & contra dicti Collegii Statuta in eo casu provisa, * EADEM VT RECANTET ET RETRACTET,— INIUNXIMUS ET INIUNGIMUS; to substitute These in obedience to them— [Ob prolationem verborum quorundam sic imprudenter & inconsideratè per me praefatum Henricum Yerburie loco & tempore praedictis emissorum contra quendam Henricum Clerk Medicinae Doctorem, Sociorum etiam dicti Collegii unum, & contra dicti Collegii Statuta in eo casu provisa, EADEM RECANTO ET RETRACTO.] But This, or any Thing else, which might be tantamount to it, he did often and finally refuse to do.  
§. 21. We will not here add, by how many obliging methods he had been sought long before; how very often he had been spared, when according to the Statutes he should legally have been punished; how many of his Faults were connived at, for fear his Contempt of admonitions should necessitate his Expulsion; with what offers of Reward, Respect, and Partiality, he had been courted and wooed to be but a Regular Collegiate, and by such humble Importunities of the Precedent Himself, (who never once commanded, as by Statute he should have done, until his earnest Entreaties had been despised,) that Dr. Yerburie professed his Amazement at it; with what invincible patience and forgiveness the Precedent had put up his public Indignities and Affronts, his Lies and Slanders, confessed also to have been such by Dr. Yerburie Himself, as soon as he came to be in cold blood; how early and how often he had merited an Expulsion, which was inflicted but once, and as late as might be: we say, we will not insist upon such Things as These, nor show the Origin and Growth either of his Guilts or his Discontents, unless we are forced by his Continuance in the desperate Course he hath begun, to proceed farther yet in our Vindication.  


Thomas Pierce Praes.  
Henry Clerk M.D. Vicepraes.  
Ed. Rogers S. T.B. Decan. Theol.  
Cul. Browne M. A. Dec. Art.  
Geo. Langton M. A. Burrs.  
joh. Clitherow M.A. Burrs.     

Now we leave it to be considered by as many as have the patience to peruse this Account,  
I. Whether comparing Dr. Yerburie's Oath against Appealing to any person, (p. 1. §. 1.) with the Appeal of Dr. Yerburie (p. 4. §. 7.) And Both with the Instrument of the Visitor unto whom his Appeal was made, (p. 5. §. 10.) And all three with the Statute by which a manifest Breach of Oath is to be punished with Expulsion without Remedy or Delay, (p. 10. §. 19) And this again with that Oath which the President had taken to punish All without Fear or Favour, according to the plain and literal sense of each Statute, (p. 4. §. 6.) we had not been strictly bound in Conscience to proceed to that Sentence which is pronounced (p. 9 §. 18.) though Dr. Yerburie had committed no other Crime.  
II. Whether it was not another Crime (deserving Expulsion of itself,) to persevere in Disobedience to the Visitor's Injunction, which Dr. Yerburie by an 
* Statut. cap. 6. p. 26, 27.  Oath did stand obliged to obey. And whether he did not so persevere, whose last and final Submission was in so many respects deficient as is evinced, (§. 16. p. 7, & 8.)  
III. Whether it was not another Crime (deserving Expulsion of itself) to enter into Conspiracies against the President and the Officers, (which Officers he was 
* Statut. cap. 6. p. 25, 26.  sworn both to Reverence and Obey) and against the good Estate of the College, (to be punished by Expulsion without all Remedy by Appeal, p. 10. §. 19) and this in many more respects than here is Paper to contain. But Proof shall be made as occasion serves, or when the Precedent with the Officers shall be thereunto called.  
IV. Whether it was not another Crime (deserving Expulsion of itself) as well by Word as by Epistles to slander the Visitor, the President, and his statutable Assistants, in 
* This will be publicly made good, as is offered in the margin of p. 9 §. 18.  several kinds (which for brevity's sake are here omitted) to the great Prejudice and Scandal thereby accrueing to the College, to be punished by Expulsion without all Remedy by Appeal, (p. 10. §. 19)  
V. Whether it were not another Crime (deserving Expulsion of itself) not to submit unto his punishment of being put out of Commons, although he had expressly sworn to do it, and protested that he did it, whilst yet he wilfully did it not, as is evident by the Date of his Appeal, attested by his public Notary 
* Lecta & interposita fuit haec Appellatio in Hospitio vulgò dicto The Catharine-wheel, in parochiâ S. Mariae, etc. jan. 8. 1662. in praesentiâ mei Greg. Ballard LL. Bacc. Notarii publici, Henrici Alworth LL. Doctoris, & johannes Rhodes literati.  jan. 8. 1662. (in a certain Alehouse or Inn called The Catharine-wheel) which was within the 15 Days, during which he took an Oath to acquiesce in his punishment with all submission, and solemnly promised that he would do it with all meekness and humility; and with thankfulness too, that his punishment was milder than he saw by the Statute it should have been.  
Other Crimes of Dr. Yerburie might here be added, (deserving Expulsion of themselves) were it not for their reflection upon some other persons whom we respect, for which one reason they are withheld, unless some farther Provocation shall draw them forth.