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A30662 The case of Exeter-Colledge in the University of Oxford related and vindicated Bury, Arthur, 1624-1713.; Washington, Joseph, d. 1694. 1691 (1691) Wing B6190; ESTC R25321 65,452 81

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Clase that Mr. Colmer desired the said Anne Aris to let him catch her by the Belly whilst she was rubbing his Room but she refused it in Witness whereof we have set our hands John Freek John Clase 2d 1690 The Information of Mary the wife of Thomas Lawrence taken upon Oath by Sir William Walker Knight one of their Majesties Justices of the Peace for the City of Oxford this second day of July 1690. THis Deponent testifieth that about six years since being servant to Ferdinand Smith whose wife was Bed maker at Exeter-Colledge she the said Deponent coming into the Chamber of Mr. Colmer to make his Bed he the said Mr. Colmer took her violently by both her hands and threw her upon his Bed and endeavoured to lie with her biding her lie still which she refused and did not yield to him but went out of the Room and left one of the Beds unmade and then she went to the Trencher Room and told her Dames Mother what Mr. Colmer had endeavoured to do as is aforesaid and declared she would never go again to Mr. Colmer's Room unless some body went with her The Mark of Mary Lawrence Concordat cum originali facta debita collatione per me Ben. Cooper Notarum Publicum The Contents of this Deposition are what the Rector's Wife declar'd when Mr. Colmer's Cause was heard She having received it from the Woman her self who gives this confirmation though the Author of the Account tells the world it was then disown'd by the party who spoke it and sets it off thus pleasantly 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 had been uncivil to her This may be thought wit by some but by none fair dealing The Oath of Alice Gigger c. ALice Gigger at present of London Spinster maketh Oath that she this Deponent living at one Mr. Halls a Coffee-house in the City of Oxon was several times tempted by Mr. James Colmer Fellow of Exeter-Colledge in Oxford to have been naught with him and at sundry times offering her this Deponent money to become his Whore and particularly at one time about two years and an half since he took out a handful of Money out of his Pocket and shewed it her telling her this Deponent that if she would comply with him she should have what she would of it or to that effect And another time he would have had this Deponent gone out Town with him who asked him where He told her to the Rose and Crown in Hincksey about two Miles out of Town She asked how He told her on Horseback behind him and withal said she had a good Excuse to ask leave of her Master and Mistress being a Holliday Saint Luke's day and he then told her that they would take Horse at Mr. Crowders in Holywell Parish where his Horse then stood which this Deponent totally declined He intimating his intention of making her a Whore Another time he would have had this Deponent have left her Service and gone into the Country and he would have maintained her as a Gentlewoman if she would yield to him which this Deponent refusing he said again to her A Plague damn your fools-head And at another time he said before a Stranger in this Deponents presence That he would several times have had to do with this Deponent but she would not consent And this Deponent further saith That about a Month since this Deponent received a Letter from her Brother who writ to this Deponent at the Instigation of Mr. Colmer's Lawyer of New Colledge as her Brother writes to her that if any of Exeter Colledge came to her she should not discover any thing for if she did she should take care of her self for Colmer would do her a mischief besides the Colledge would have her down upon her own charge into the Country and put her to great trouble or to that effect Jurat 27. die Junii Annoque Dom. 1690. coram me Rog Meredith The Examination of Anne Sparrow taken upon Oath before John Ward Esquire one of Their Majesties Justices of the Peace for the said Country and Liberty THis Deponent being Examin'd upon Oath did declare that James Colmer Fellow of Exeter Colledge in the University of Oxford was the only man in the world that ever had carnal knowledge of her Body and that the said James Colmer and no body else is the only and true Father of the Bastard child that she was delivered of about Michaelmas last past at the House of Ferdinando Smith in the Parish of St. Mary Magdalen in the City of Oxford This Deponent further faith That some time after she was delivered Mr. Maundrel and Mr. Cleaveland did advise her to say that a Gentleman of Christ-Church was the Father of her Child which by their perswasion she did to Alderman Fyfield who was brought to her by Mr. Maundrel only to take her Examination That the Reason they urged to perswade this Deponent to lay her Child to one of Christ-Church was she should not do Mr. Colmer an injury who would be expell'd if she laid the Child to him And she further deposeth that no person living ever perswaded her to lay her Child to Mr. Colmer And further saith not The Mark of An. Sparrow Jurat Coram me Jan. 21. 1689. John Ward The Constable's and Beadle's Certificates THese may Certifie whom it may concern That it was a long time before Mrs. Pearse who Lodged Anne Sparrow in London and had carried her about three Miles off could be perswaded to own where she was but at last went along with me and brought Anne Sparrow to London before Justice Ward which said Anne Sparrow drank not any thing that I know of in the House from whence she came and walk'd to London a foot none of us drinking any thing by the way neither did Mr. Kingston of Exeter Colledge in Oxon see the said Anne Sparrow all that day till he saw her in the Room before Justice Ward all which I am ready to testifie upon Oath as also that the said Anne Sparrow had a fair and just Examination before John Ward Esq at which I was present all that time with the Beadle and others Witness my Hand and Seal this 22d of March 1689 90. And that the said Anne Sparrow freely and of her own accord said most of those things to me which she after confest upon Oath Edward Warburton Constable I Am also ready to testifie upon Oath That the said Anne Sparrow was no way in drink when she was brought to Justice Ward before whom she had a just and fair Examination there being several persons present and I my self being present all the time and that Mr. Kingston had not seen the said Anne Sparrow until such time as I did fetch Mr. Kingston to the Justice where Anne Sparrow was as also that Mr. Warburton being sick in bed did desire
that the above written should be drawn for him and doth own his Hand and Seal Witness my Hand and Seal this Twenty second of this Instant March 1689. William Gunter Beadle The Examination of Anne Sparrow taken upon Oath before Sir William Walker Knight one of their Majesties Justices of the Peace for the City of Oxon May 5th 1690. THis Informant saith That Mr. Colmer Fellow of Exeter Colledge in Oxford hath had carnal knowledge of her Body once in his Study and several other times afterwards and that Alice Wats Servant to Ferdinando Smith told her that Mr. Colmer had lain with her also several times She also saith That Mr. Cleaveland and Mr. Maundrel Fellows of Exeter Colledge on the next day after the birth of her Child desir'd her to lay her Child to a Gentleman of Christ-Church Colledge and that they perswaded her to remove to a place provided for her where she should want nothing Whereupon she went with John Wakeland and his Wife to their House where she tarried about three Weeks in which time Mr. Cleaveland and Mr. Maundrel came thither and paid the aforesaid John Wakeland for her Keeping and that John Wakeland carried her from her Master's House on a Horse to Dorchester to the House of Francis Green where she tarried about two Months and from thence to Farrington where she tarried about a Month and from thence she went in a Waggon to London where she was plac'd by John Wakeland and she also saith That no other person had carnal knowledge of her Body besides the aforesaid Mr. Colmer And before her delivery she told her Dame That Mr. Colmer was the Father of her Child This is a true Coppy of the Examination of Anne Sparrow taken before Sir William Walker Knight William Walker Note Mr. Cleaveland was present when this Examination was taken The Examination of Vrsula Green taken upon Oath before Sir William Walker Knight one of their Majesties Justices of the Peace for the City of Oxferd May the 6 th 1690. THis Informant saith that Anne Sparrow was brought to her house at the Black boy in Dorchester by John Wakeland Bargeman of this City which Wakeland came to her House the day before he brought the said Anne Sparrow and told this Informant and her Husband Francis Green that he would have them take the said Anne for that a Gentleman had got her with Child and was willing to have her out of the way that he might not be disgrac'd and that they might put the said Anne in an outward room so as she might not appear much least she should be found out That they should take care of her and should be well and truly paid and then made a bargain with them for one month and paid the money which was sixteen shillings as soon as he brought the said Anne Sparrow who came with him on Horse back before Eight of the Clock in the morning This Informant saith that asking the said Anne who was the Father of her Child she said a Gentleman and being asked who she said she must not tell for fear she should be undone but being farther prest earnestly she said one Mr. Colmer Fellow of Exeter-Colledge was the real Father and the only man in the world that ever had any thing to do with her and that Ferdinand Smith and others had perswaded and incouraged her always to say that a Gentleman of Christ-Church was the Father of it and that John Wakeland took the said Anne Sparrow from her House on foot and carried her away whither he would not tell And this Informant further saith that the said Anne Sparrow came to her house and stayed some time after the said Sparrow had been at London and then told her that Wakeland carried her to Farrington and càme back with her after she had stayed somtime there she riding in a Waggon and that they lay one night at Dorchester at the Crown and that Anne desired then to call on the said Green but Wakeland told her No They must not know whither she went for fear they should make Proclamations and that the said Anne told her that John Wakeland said he had thirty shillings to carry the said Anne to London and this Informant saith that John Wakeland came to her house since the said Anne came from London and saw the said Anne there and desired this Informant to go out of the Room for he had somthing to say to Anne Sparrow in private which this Informant accordingly did who further saith that when Wakeland paid her the last money for the keeping the said Anne Sparrow she asked him who 't was that paid him the money and where he had it he answered of a Gentleman who always brought it to him but he whold not say he knew him and this Informant does declare that the said Anne told her she seeing Mr. Kingston Fellow of Exeter Colledge pass by a place in London as she was looking out at a Window held out her hand and called to the said Mr. Kingston and this Informant saith further that the said Mr. Kingston saw Anne Sparrow ' twice at her House on May the 3d. and 5th but was never alone or in private with the said Anne Sparrow but did several times exhort her to speak nothing but the truth and to do the least wrong to no one whatsoever might be asked her This is a true Copy of the Examination of Ursula Green taken before Sir William Walker Knight William Walker The Examination of Francis Green taken upon Oath before Sir William Walker Knight one of their Majesties Justices of the Peace for the City of Oxon May the 10 th 1690. THis Informant saith that one John Wakeland of Oxon Bargeman came to his House at the Black boy at Dorchester and desired him to keep a Wench who had a By-blow by a Gentleman who was able to maintain her and had money enough and that if four shillings a Week would not do he should have five and bargained at last for sixteen shillings the Month which he paid before hand as soon as she was brought to his House and that John Wakeland did desire to have her kept private that she might not be seen that the said John Wakeland after Anne Sparrow which was the said Woman came from London and it was known at Oxon that she was at the said Greens House came over to him and earnestly desired the said Green not to bring the said Sparrow over to Oxford for that he should be ruin'd and undone if he did and that if he gave the Wench any dyet he wou'd pay for it This Informant further saith that the abovenamed Anne Sparrow while at his House the first time said frequently that one Mr. Colmer was the Father of her Child and the only man that had to do with her and that the said Sparrow also said that Mr. Maundrel and Mr. Cleaveland overperswaded her to lay it to a Gentleman of Christ-Church telling her that
to Tuesday At which meeting the Rector and five of the seven Seniors tendred another Protestation which included the former with an addition in which they complained of and protested against making the Visitation so publick by keeping open the Door and admitting a promiscuous crowd of people to be present But notwithstanding both Protestations were admitted the Commissary proceeded gave sentence for Mr. Colmer to be restored awarded him twenty Marks for Costs and wrote his name in the Book with his own hand At the Commissary's going off the Rector tendered him the Visitation-fee of twenty shillings which the Statutes allow but he refused it Though the Rector and Fellows did not acknowledge Mr. Colmer to be a Rightful Fellow of the Colledge having been legally expelled and no otherwise restor'd then as aforesaid yet after the Visitation was over they did not presently strike his name out of the Book nor was he disturb'd in his possession But the Rector having understood that he had been guilty of another Crime of the same kind with the former resolved to bring that too under Examination and the rather because of his Majesty's late Order for the punishment of Vice and Debauchery This second accusation though for a fact precedent to the former was for incontinence with one Anne Aris who had been a Bed-maker's Daughter belonging to the Colledge She had formerly laid her Child to Ferdinand Smith but had confest privately to her Mother Elizabeth Buckland and in the hearing of her Sister Joyce Aris that Mr. Colmer had lain with her as well as Smith they two told it to Francis Buckland the Father-in-law But the Mother having a Dependance upon the Colledge took care not to have it go out of the Family for fear of losing her Employment and when her Daughters time drew near strictly charged her and so did her Sister to be sure she said nothing of Mr. Colmer when under the Midwife's hands She took their counsel and named Smith only Her Mother was afterward troubled that she had prevented her Daughter from telling the truth and especially when she saw what disturbance had been occasioned in the Colledge through Mr. Colmer's means which might have been prevented if she had let the truth come out at first she therefore took occasion to discharge her mind and confest the whole matter Upon which Ann Aris was Examined before a Justice of Peace and declared as in her Deposition Her Mother and Sister likewise deposed that she had told them two Months before her lying in according to the contents of her Oath and that they had perswaded her as aforesaid The Rector having these Proofs Conven'd the Seven Senior Fellows and summon'd Mr. Colmer who appear'd At the beginning of the meeting a Notary was present and least a President should remain of any allowed to be a Fellow who had been restored as Mr. Colmer upon an Appeal the Rector declared he did not look upon Mr. Colmer as a Rightful but as a pretended Fellow and that he proceeded against him as such The matter being then opened Mr. Colmer insisted to have the Sentence of Dr. Master's own'd and submitted to and the Money paid that was awarded him for Costs otherwise he refused to answer and after some Discourse withdrew But the Rector proceeded and afrer the Depositions he was by the judgment of the Rector and the Senior Fellows again convicted and his Name struck out of the Book The Depositions upon which Mr. Colmer was the second time convicted of Incontinence and expell'd the Colledge are as follow The Examination of Ann Aris taken the 11 th day of January 1689 before Sir William Walker Knight one of Their Majesties Justices of the Peace for the City of Oxford THis Examinant saith upon her Oath That Ferdinando Smith had two times the carnal knowledge of her Body in a little Room in the Colledge called the Trencher-house and once in Mr. Crabb's Chamber who is one of the Fellows And this Examinant further saith That since one Mr. Colmer one of the Fellows of Exeter Colledge had the carnal knowledge of her Body in his own Chamber in the said Colledge at two several times The said Ann Aris also saith That she was brought to Bed on New-years day at Twelve of the Clock in the Night in the year 1688 in her Mother's house one Goodwife Buckland in the Parish of St. Michael in the City of Oxford This is a true Copy of the Examination of Ann Aris taken before Sir William Walker Knight one of Their Majesties Justices of the said City of Oxford William Walker The Certificate of Francis Buckland of the City of Oxford given the second day of July 1690. I Francis Buckland do certifie whom it may concern That my Wife Elizabeth Buckland and Daugheer-in law Joyce Aris did acquaint me sometime before Ann Aris was brought to Bed that Mr. Colmer Fellow of Exeter Colledge and Ferdinando Smith Scrape-Trencher of the same Colledge had lain with her and my Wife said she designed strictly to forbid her mentioning Mr. Colmer at her Labour for fear she should be turned out of the Colledge and so lose her place of Bed-maker Francis Buckland The Deposition of Francis Buckland of the City of Oxford taken before Sir William Walker Knight one of Their Majesties Justices of the Peace for the City of Oxford the 15 th of Oxford 1690. THis Deponent upon the Oath that he hath taken doth declare That the Contents of the foregoing Certificates given by him the 2d day of July last were and are true Francis Buckland The Examination of Elizabeth Buckland taken upon Oath March 26. 1690. before Sir William Walker Knight THis Deponent saith That her Daughter Anne Aris about two Months before she was delivered of her Child told her and her Daughter Joyce that Ferdinando Smith and Mr. Colmer Fellow of Exeter Colledge had lain with her And this Deponent further saith that the day before and the same day her Daughter was deliver'd of her Child she perswaded her said Daughter Ann Aris not to name Mr. Colmer because she was unwilling to lose her Employment in the Colledge William Walker The Examination of Joyce Aris the Daughter of the aforesaid Elizabeth Buckland taken upon Oath at the same time before Sir William Walker Knight THis Deponent being by at the same time when her Mother examined her Daughter the aforesaid Ann Aris deposeth that she heard her Sister say That Ferdinando Smith and Mr. Colmer had lain with her and also the said Joyce further deposeth That she and her Mother both did perswade her Sister the said Ann Aris not to name Mr. Colmer for fear her Mother should lose her Employ of Bed-making in Exeter Colledge William Walker Upon this Mr. Colmer takes the same course that he had done before and Appeals to the Bishop Goes to Exeter with it and threatens at his departure that the Colledge should know the Effects of his Journey The Appeal being tendred