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
Jonathan Edwards Vice-Chancellor of the said Vniversity do take special care for keeping of the Peace in the said University and particularly in that Colledge Rich. Colinge At the Court at Whitehal the 15th of August 1690. Present The Queens most Excellent Majesty in Council UPon Reading the Petition of Arthur Bury Rector Professor in Divinity George Verman Sub-Rector John Hern Thomas Lethbridge Benjamin Archer Samuel Adams Philip Thorn John Crab Thomas Vivian John Bonany Thomas Kingston and Henry Huthnance Fellows of Exeter-Colledge in Oxford and John Vivian Fellow Elect of the same concerning some proceedings and sentences of the Right Reverend Father in God Jonathan Lord Bishop of Exeter relating to the said Colledge It is this day ordered by Her Majesty in Council that the Lord Bishop of Exeter do return his Answer in writing to this Board to the said Petition annext with all convedient speed Whereupon this Board will appoint a day for the hearing thereof Rich. Colinge A Copy of the Writ directed by the Court of Kings Bench to the Bishop of Exeter upon occasion of the Rector's Excommunication GUlielmus Maria Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Regina Fidei defensores c. Reverendo in Christo Patri ac Domino Domino Jonathano Exon ' Episcopo salutem cum ostens ' est nobis in Curia nostra coram nobis apud Westm ' ex parte Arthuri Bury Sacrae Theologiae Professoris quod cum Colleg ' Exon ' in Universitate Oxon ' est antiquum Collegium ad sustentation unius Rector ' vigint ' trium Scholarium in bonâ litteratur ' liberis artibus proficiend ' studiosor ' ibidem confluend ' in eisdem instruend ' erudiend ' totum in temporalibus nichil in spiritualibus fundat ' de laica fundatione exist ' Cumque vos praefat ' Episcopus qui Visitator esse quinquennem habere Visitation ' ejusdem Collegii clamat ' in Visitation ' vestra seu alitèr nullam habetis Spiritualem Jurisdictionem de in vel super Rector ' sive aliquem vel aliquos Scholar ' ejusdem Collegii seu de in vel concernent aliqua materia clausa sive re tangent ' seu spectant ad idem Collegium neque eosdem Rector ' Scholar ' seu eorum aliquos sive aliquem per Ecclesiasticas Censur ' in aliquo compellere debeatis seu unquam hactenus consuevistis ac licet praedict ' Collegium Exon ' in Universitat ' Oxon ' Rector ' Scholar ' ejusdem sunt semper fuissent extra Diocess vestram omnem Episcopal ' Ecclesiastic Jurisdictionem vestram Tamen vos Episcopus Exon ' permissor ' non ignar ' machinant intendent eund ' Arthurum Bury qui ad officium Rectoris Collegii praed ' rite legitime elect ' in eod ' collocat ' praefect ' fuisset contra debitam legis hujus regni Angliae formam per Ecclesiasticas Censur ' praegravare opprimere fatigare necnon nos exheredare cognitionemque materiae mere laicae quae ad temporal ' cognition ' spectat pertinet ad aliud examen in Cur ' Christianitatis trahere ipsum Arthurum in Curia Christianitatis coram vobis pretextu Visitation ' vestr ' ejusdem Collegii traxistis in placit ' in ipsum Arthurum pretextu contumaciae in non parendo mandat ' vestris in dict' Visitatione vestr ' sententiam excommunication ' fulminaveritis ei diversa gravam ' oppression ' per citation ' ali ' censur ' Ecclesiasticas ex causa praedict ' diversi modo intuleritis in dies inferre intulitis In lesion ' Coron ' dignitat ' nostrar ' ac prefat ' Arthuri damnum non modicum gravamen prejudicium manifest ' ac contra formam legis terrae hujus regni nostrae Angliae Nos Jura dictae coronae nostrae ac legem consuetud ' superdict ' prout per vinculum Juram ' astringimur manutenere volent ' nostrosque ligeos suspencion contra easdem violari nolent ' vobis mandamus ac firmit ' injungendo prohibemus ne placit ' coram vobis versus praedict ' Arthurum super permiss teneatis nec quicquam in ea parte per Censuras Ecclesiasticas attentari presumatis seu per alios attentari faciatis quae in ipsius Arthuri ac in nostri damn ' prejudicium seu legum consuetudinum regni nostri Angliae derogation ' sive contempt ' cedere valeat quovismodo omnia quae per vos in ea parte minus rite attent ' fuerint sine dilatione revocari faciatis sub violator ' legum nostarum penam periculo incurrendi Ipsumque Arthurum si quam sentent ' in eum ea occasione fuluminaveritis penit absolvatis ab eadem Teste J. Holt mil. apud Westm ' xxviii die Novembris Anno regni nostri secundo Edward Jevon of London Gent. maketh Oath That he this Deponent did on the ninth day of this Instant December 1690. serve the now Bishop of Exeter with their Majesties Writ of Prohibition by leaving with him the said Writ under the Seal of Their Majesties Court of Kings-Bench A Copy of which Writ is above written The same Writ was served at the Suit of Sir K. mutatis mutandis Edw. Jevon Jur ' 22. die Decemb. 1690. Coram POSTSCRIPT SInce these Papers were finished Mr. Painter the new pretended Rector and his party have set on foot another practice as little warranted by the Statutes of the Colledge as the rest of the proceedings above mentioned They have assum'd a power to themselves of Electing New Officers out of their own party in the room of the old ones whom the Visitor had as Arbitrarily suspended and with the assistance of the Youth of the Colledge have placed these New Officers by force and violence both in the Hall and the Chappel and that whilest the matter of Right is depending judicially before a proper Court and at their own Suit and they dare to confront the Court of Kings-Bench which has already declared the pretended Sentence of Excommunication against the Rector to be null and void by opposing forcibly his entrance into the Chappel under the pretence of his being an Excommunicated person The particulars of these disorders are not here intended to be made publick but their unstatutable proceeding in chusing New Officers as aforesaid must be taken notice of and the Authors of these confusions put in mind of the Statutes which they seem to have forgotten It is provided by the Statute De Electione Subrectoris Decani c that their Election shall be Tricesimo die Junii annuatim modò formâ subsequentibus videlicet quod convocatis per Rectorem quinque maximè senioribus scholaribus perpetuis tunc in Universitate praesentibus inquirat dictus Rector palam ac publiè suffragia singulorum quibus suum duplex suffragium addat
that the Bishop of Exeter for the time being is by the Statutes of the said Colledge appointed Patron and Ordinary visitor thereof but these Respondents are advised and do insist that the Visitors power of Visitation or Exercising any Act of jurisdiction within the Colledge is not general nor as often as he pleases but by the said Statutes is restrained and limitted to be but once in five years and not oftener unless requested by the Rector or Sub Rector and four of the seven Senior Fellows And these Respondents further say that a certain Fellow of that Colledge being proceeded against before the said Rector and the seven Senior Fellows for incontinence and for that crime upon conviction Expelled the Colledge in October last pursuant to the power given to the Rector and said Fellows for that purpose by the Statutes of the said Colledge Dr. Edward Masters Chancellor to the Bishop of Exeter by vertue of a Commission or Power of the said Lord Bishop did in March last come to the said Colledge and Excercised Acts of Visitation and jurisdiction relating to the said Colledge and the said Follows Expulsion confining himself to the time and Circumstances prescribed by the Statutes for Visitation and the said Fellows name being by the aforesaid Commissary inserted into the Colledge Buttery-Book and he claiming the priviledges of a Fellow notwithstanding such his Expulsion A fresh Complaint of the same crime of Incontinence with another Woman was made against him and he Convicted thereof and as a pretended Fellow again Expelled by the Rector and Major part of the Senior Fellows pursuant to the Statutes of the said Colledge whereupon application by the said Fellows being again made to his Lordship his Lordship was pleased by a Citation to signify his pleasure that he intended to visit the Colledge and thereupon these Respondents being informed that his Lordship was come to Oxford for that purpose humbly waited on him to pay him the Respects of the Colledge but withal signified to his Lordship that that intended Visitation not being requested by the Rector or Sub Rector and four of the Senior Fellows in regard of the above mentioned Visitation in the Month of March precedeing was against the Statutes of the Colledge and that therefore they could not submit to it but had drawn up a Protestation under the Common Seal of the Colledge which Protestation was afterwards tendered to his Lordship and rejected by him and these Respondents do beleive that their Chappel-Doors were kept Locked as they usually were at that time of the day but these Respondents do deny that they intended any contempt or disobedience towards his Lordship for whom they have a Dutiful regard as their Visitor yet what was done by them was meerly and only by way of asserting their Legal Rights and as they conceived and were advised in Observance of their Statutes to which they were all Sworn The said Rector and Fellows do therefore humbly pray that under their Majesties gracious Protection they may quietly enjoy the Rights and Priviledges which have been granted to them by the gracious Charters of their Majesties Royal Predecessors At the Court of Whitehall the 25th of June 1690. By the Right Honourable the Lords of their Majesties most Honourable Privy-Council IN pursuance of an Order of the 19th instant the Rector and Fellows of Exeter-Colledge in Oxon having this day presented to the Board their Answer to the Petition of the Right Reverend Father in God Jonathan Lord Bishop of Exeter and the same being read it was thereupon ordered by their Lordships that a Copy of the said Answer be given to the Lord Bishop of Exeter and that the whole matter be heard at this Board on Wednesday the 2d of July next when the parties concerned are to give their attendance Jo. Nicholas At the Court at Whitehal the 5th of July 1690. By the Lords of their Majesties most Honourable Privy-Council THe matter in difference between the Lord Bishop of Exeter and the Rector and Fellows of Exeter-Colledge upon the Petition of the said Lord Bishop and Answer of the said Rector and Fellows concerning a Visitation of the said Colledge having according to Order of the 26th of June last been this day heard at the Board and Counsel learned having been heard on both sides It is Ordered in Council that the same be Dismist as it is hereby Dismist this Board accordingly William Blathwayt To the Queens most Excellent Majesty The humble Petition of Arthur Bury Rector Professor in Divinity George Verman Sub-Rector B.D. John Hern Professor in Divinity Thomas Lethbridge Benjamin Archer Samuel Adams Bs. D. Philip Thorn John Crab Thomas Vivian Master of Arts John Bonony Tho. Kingston Batchelours of Arts and Henry Huthnance Fellows of Exeter-Colledge in Oxford and John Vivian Fellow Elect of the same Humbly sheweth THat Jonathan Lord Bishop of Exeter having given notice that he intended to Visit the said Colledge on the 24th of July last three of the Fellows deputed by the Rector and Major part of the Fellows did on that day in the Morning wait on the said Bishop to acquaint him that as they humbly conceived by the Statutes of their Colledge his Lordship could not Visit them at that time being also the rather induced to believe themselves not mistaken in the sence of the Statutes for that after a full hearing before your Majesties Privy Council upon that subject the said Bishops Petition had been lately dismist But his Lordship was pleased to send them word that tho he expected to meet with Opposition yet he was resolved to come and a little after the return of the Fellows the Colledge gates were broken open by force and violence by those that took upon them to oppose the Colledge to assist the Bishops pretence and a great multitude of rude People rushing in tore down and much abused the said Rector and Fellows By which means the said Bishop found an entrance into the Colledge and went into the Hall and did there hold a pretended Court or Assembly under colour of a Visitation Whereupon the said Rector and major part of thè Fellows came and humbly tendred to his Lordship a Protestation under the Colledge Seal against his Proceedings which they were not suffered to read out The pretended Court being adjourned to the afternoon eleven of the Fellows being your Petitioners amongst whom are five of the seven Senior Follows of the Colledge and all the Officers of the Colledge had Sentence of Suspension ab Officio Beneficio pronounced against them by or in the presence of the Bishop and your Petitioner Hernes Fellowship was Unstatutably declared void and your Petitioner Thomas Kingston was pronounced Excommunicated for having read Prayers in the Chappel after the pretended Suspension of him as Fellow and the name of your Petitioner John Vivian was ordered to be left out of the Colledge Book as no Fellow And although by the said Satutes the Rector of the said olledge if accused of any