burrow master and senior fellow OF johns college cambridge versus TODINGTON  clerk Thursday d Feb visitor of a ancient college be visitor also of engraft  foundation unless a special visitor be appoint SC Bl ves see also durn durn  Ves jun see Worthington v Jeffries lr c p r v Hertford college Q b d a  prohibition have be pray by the college to be direct to the bishop of Ely to  prohibit he from proceed upon a monition issue by he against they upon Mr  Todingtons application and appeal to he as visitor of the college and the  college have thereupon obtain a rule to show cause why a prohibition shall not  go which rule to show cause be make upon a suggestion that the bishop be not  visitor of the college as to election into fellowship and other office and  also that admit he to be so yet the present matter which relate to a  Southwellfellowship be not within his jurisdiction for the suggestion set  forth a deed of covenant all on the part of the college relate to a foundation  of two fellowship and two scholarship by dr keton in which deed and covenant a  power be reserve to dr keton to make statute to which his fellow and scholar  be to be swear so as they shall be conformable to the statute of the foundress  of the college and there be also a penalty and forfeiture give to dr keton and  his trustee and also to the church of Southwell and a clause of distress for  the say forfeiture or penalty upon two of the college manor in case the  college shall break the covenant the suggestion add that dr keton in fact  never give any statute or make any declaration in relation to these fellowship  the gravamen complain of be a citation from the bishop of Ely to the master  and senior fellow upon the complaint of the say though Todington clerk on his  be refuse a election into one of these two SouthwellFellowships show that he  be within the description of the endowment whereas they have choose one  William Craven who as Mr Todington allege be not so and that the bishop have  also burrow er p cite the say William craven as well as the say master and  senior fellow to appear before he at el yHouse c in order to have a clear and  full conception of this case it may be necessary to specify this suggestion at  large and also to premise some other particular which be requisite to be know  which be first the deed between the executor of Margaret countess of Richmond  the foundress and bishop fisher confirm by the prior convent of Ely dly some  extract from bishop fisher statute and dly some extract from those statute  which queen Elizabeth afterward give to this college and under which the  college have ever since act burrow the suggestion at large Hilary term in the  that year of the reign of king George the second England to wit be it remember  that on the eleven day of February in this same term come into court here John  newcome doctor in divinity master of the college of saint John the evangelist  in the university of Cambridge and the senior fellow of the say college and  give the court here to understand and be inform that whereas all plead of and  concern any land and tenement and of and concern any estate or interest of  freehold and also of and concern the construction and operation of deed and  write under seal and of debt arise thereby and the cognizance of the same  plead to the lord the king and his royal crown especial appertain and belong  and at the commonlaw in the court of record of our lord the king and not in  the ecclesiastical court nor by any ecclesiastical judge ought to be try  discuss and determine and always hitherto have be so accustom to be try  discuss and determine and whereas the bishop of Ely for the time be be not  visitor of the say college as to election into fellowship or other office in  the say college nor have any visitatorial power or jurisdiction whatsoever  over the master and fellow of the say college or any of they in that respect  and whereas by a indenture tripartite make the twentyseventh day of October in  the twentysecond year of the reign of our sovereign Lord king Henry that the  eight between sir Anthony Fitzherbert knight then one of the king justice of  his common plea and John keton doctor of divinity and canon of the cathedral  church of Salisbury upon the one part the chapter of Southwell within the  count of Nottingham upon the second part and the then master fellow and  scholar of the college of saint John the evangelist in the university of  Cambridge upon the three part it be covenant condescend and agree between the  S id party for they their heir and their successor for ever in the form follow  that be to wit first the same master fellow and scholar of the college of  saint John aforesaid have grant for they and their successor for ever unto the  aforesaid dr keton that he for himself at the nomination and appointment as  thereafter express shall have two fellow and two disciple find and sustain at  the cost only of the say master fellow and scholar within the college of saint  John aforesaid there to continue for ever of his foundation over and above  other burrow fellow scholar or disciple then find or thereafter to be find by  the foundress of the say college or any other person or person that then have  give or thereafter shall give land or good to such purpose and intent and the  say master fellow and scholar of the say college thereby covenant and grant  unto the say sir Anthony Fitzherbert doctor keton and to the say chapter and  to their heir and successor that the say fellow and scholar or disciple of the  foundation of the say doctor keton shall have and enjoy all manner of profit  as well meat drink and wage as all other commodity easement and liberty like  and in as large manner as other fellow and scholar of the same college by the  foundress foundation of the same college then have or in time then come shall  have many manner of wise at the proper cost and charge of the same master  fellow and scholar of the college of saint John the evangelist aforesaid and  of their successor for ever and the same master fellow and scholar by the say  indenture covenant and agree unto the say sir Anthony Fitzherbert doctor keton  and chapter of Southwell and to their heir and successor that the same two  fellow of the foundation of the say doctor keton shall have receive and  perceive of the say master fellow and scholar and their successor every year  twentysix shilling and eight penny sterling over and above the wage limit to  other fellow of the foundress burrow er p foundation that be to say to either  of they eight shilling and four penny sterling at the feast of easter and  saint Michael yearly by even portion furthermore the say master fellow and  scholar of saint John aforesaid thereby covenant and grant for they and their  successor unto the say sir Anthony Fitzherbert and doctor keton or the long  liver of they that they from thenceforth shall have the nomination and  election of the say fellow and scholar or disciple during their life natural  and after the decease of the say sir Anthony Fitzherbert and doctor keton then  the say fellow and scholar or disciple shall be at the nomination and election  of the say master fellow and scholar of the college of saint John aforesaid  and of their successor for ever after and accord to such ordinance and write  as the say doctor keton shall thereof make and declare by his last will or  otherwise provide always that the say fellow and scholar or disciple shall be  elect and choose of those person that be or have be queristers of the chapter  of Southwell aforesaid if any such able person in manner and learning can be  find in Southwell beforesaid and in default of such person there then of such  person as have be chorister of the say chapter of Southwell which person shall  be then inhabitant or abide in the say university of Cambridge and if none  such shall be find able in the university aforesaid then the same fellow and  scholar or disciple to be elect and choose of such person that shall be most  singular in manner and learning of what country soever they shall be that  shall be then abide in the same university furthermore the same master fellow  and scholar covenant and grant by e say burrow indenture unto the abovenamed  sir Anthony Fitzherbert and doctor keton and to the say chapter their heir and  successor that when the say two fellow and two scholar or disciple of the  foundation of the say doctor keton or any of they shall chance to die or  otherwise depart from the say college and leave or lease his or their title or  profit of the same that then immediate after that lease leave depart or cease  at the then next time of election of fellow or disciple of the say college  limit by the statute of the college of saint John aforesaid other fellow or  fellow disciple or disciple as the case shall require shall be elect name and  choose by the say master fellow and scholar accord to those then present  covenant and agreement accord to such ordinance or will as the same doctor  keton shall thereof make and declare and also it be covenant and agree by the  say indenture that the say master fellow and scholar of saint John aforesaid  and also the fellow and scholar of the foundation of the say doctor keton at  the time of their admission shall be swear to observe and keep the statute and  ordinance that then be make or thereafter shall be ordain and make by the say  doctor keton for the foundation of the say fellow and scholar so that the say  statute shall be conformable with the statute of the foundress of the say  college for the which all and singular the premise well and true to be observe  and keep by the say master fellow and scholar and their successor in manner  and form as be aforesaid that be to say as well for the election and admission  of the say fellow and scholar and for their find as for wage yearly to be pay  to the same with all other liberty commodity and profit likewise pertain unto  they as for all other covenant and agreement with all and singular the premise  accord to the ordinance above rehearse the say doctor keton have content give  and pay to the say master fellow and scholar in money plate and other jewel  the value of four hundred pound sterling further it be covenant and agree by  the say indenture between the say party for they and their successor that if  the say master fellow and scholar and their successor do fail in take admit or  receive of the say fellow and scholar in any time of election next after the  avoidance and not choose or admit into the say college accord to the ordinance  and agreement above rehearse or have not nor enjoy not their full commodity  and profit as be aforesaid then the aforesaid master fellow and scholar and  their successor shall forfeit as well to the say sir Anthony Fitzherbert and  doctor keton as to the chapter of Southwell and to their heir and successor in  the name of a penalty or pain for every default make or no due election of the  say fellow and burrow scholar or any of they twenty shilling for every month  that it shall happen the say fellow and scholar not to be choose nor admit  into the say college as be aforesaid or restrain of any profit commodity or  casement here seem to be a omission or mistake of some word burrow er p as be  aforesaid and that then it shall be lawful as well to the say sir Anthony  Fitzherbert and doctor keton on their party as to the chapter of Southwell and  to their heir and successor for their party into the manor of Marflete and  Millington in the county of York and into the manor of little Markham in the  county of Nottingham to enter and distrain for the same twenty shilling and  the arrear of the same for every time or time of forfeiture and the distress  to withhold until the say twenty shilling with the arrearage of the same shall  be to they well and true satisfy content and pay also the say master fellow  and scholar by the say indenture covenant and grant unto the say sir Anthony  Fitzherbert and doctor keton that they the say master fellow and scholar and  the successor at every time and time during the life natural of the say sir  Anthony Fitzherbert and doctor keton shall give notice and knowledge to the  say sir Anthony Fitzherbert and doctor keton or to the long liver of they  within six day when and as often as it shall fortune any of the say fellowship  or discipleships to be void or vacant so that the say sir Anthony Fitzherbert  and doctor keton or the long liver of they may nominate and appoint other  fellow or fellow disciple or disciple apt and able to have receive and take  the say fellowship or discipleships so then be void and whereas the say doctor  keton do not at any time by his last will or otherwise make or declare any  statute or ordinance other than what be contain in say above recite indenture  of or concern the say fellowship call Southwell fellowship or of or concern  either of they nevertheless the right reverend Mathias by divine permission  Lord bishop of Ely well know the premise but contrive and intend to aggrieve  and oppress the say master and senior fellow of the college aforesaid against  the due course of the law of this realm and to disinherit our lord the king  and his crown and to draw the cognizance of a plea which belong to his majesty  temporal court and ought there to be try discuss and determine to another  trial before the say lord bishop have late draw into a plea the say master and  senior fellow of the college aforesaid before the say lord bishop by a certain  inhibition citation and monition bear date the twentyninth day of January in  the year of our Lord one thousand seven hundred and fiftysix recite that  whereas on the part and behalf of the reverend Thomas Todington clerk of the  same college bachelor of Art it have be with grievous complaint allege and  show to the say lord bishop that the burrow reverend John newcome doctor in  divinity master of the say college and the senior fellow of the same unjust  and undue proceed in the election of fellow of the say college do on or about  the seventeenth day of march last choose and elect the reverend William craven  bachelor of Art into a fellowship in the say college common call a Southwell  fellowship find by the reverend John keton doctor in divinity vacant by the  resignation of the reverend Theophilus Lindsey bachelor of Art late one of the  Southwell fellow of the say college as aforesaid and do refuse to elect avid  admit at least do not admit and elect the say Thomas Todington into the say  vacant Southwell fellowship notwithstanding the say Thomas Todington who be a  inhabitant abide within the say college and have be chorister of the church of  Southwell in the county of Nottingham several year offer himself a candidate  and pray to be elect and admit into the say fellowship and no other chorister  of the say church of Southwell offer himself a candidate for the say vacant  fellowship and that he the say Thomas Todington apprehend himself to be great  injure and aggrieve by the pretend election aforesaid and other pretend d  proceed of the say master and senior fellow as well by virtue of their pretend  office as at the unjust instigation solicitation procurement and petition of  the say William craven and just fear that he may be further injure and  aggrieve thereby have from the same and every of they and especial from the  say pretend choice and election of the person of the say William crave into  the aforementioned vacant fellowship in the say college so make or pretend to  be make by the say master and senior fellow notwithstanding the say Thomas  Todington offer himself a candidate and pray to be elect and admit into the  say vacant fellowship and no other chorister of Southwell offer himself a  candidate for the same and from their refuse to elect and admit at least not  elect and admit the say Thomas Todington into the say vacant fellowship and  from all and every thing that do or may follow therefrom and from all and  singular other grievance nullity iniquity and error in proceed and from all  other act fact and thing illegal burrow er p do that may be collect from the  pretend proceed of the say master and senior fellow in the say pretend  election to the say ford bishop visitor of the say college right and duly  appeal and of and concern the nullity and iniquity of all and singular the  premise aforesaid have equal and alike principal allege and complain and also  recite that whereas the say lord bishop right and duly proceed have at the  petition of the proctor of the say Thomas Todington justice so require decree  the inhibition citation and monition thereunder write the say lord bishop do  therefore burrow thereby authorize empower and strict enjoin and command all  and singular clerk and literate person whosoever and wheresoever joint and  several that they shall inhibit or cause to be inhibit personal if they  convenient can so do otherwise by public affix the say monition for some time  on the outward door of the chapel belong to the say college and by leave there  affix a true copy thereof the say master and senior fellow and also the say  William craven in special and all other in general who by law be require to be  inhibit in that behalf all and every of who the say lord bishop also by the  tenor of the say monition do inhibit and enjoin that they nor any or either of  they shall innovate or attempt or cause or procure to be do innovated or  attempt any thing to the prejudice of the say Thomas Todington or his say  cause of appeal or the authority or jurisdiction aforesaid of the say lord  bishop pen the say cause of appeal and complaint and so long as the same shall  remain undecided before the say lord bishop so that the say Thomas Todington  the appellant may have free liberty and power as in justice he ought to  prosecute that his say cause of appeal and complaint under pain of the law and  their contempt and also that they shall in like manner cite the say master and  senior fellow and also the say William craven or cause they to be peremptory  cite to appear before the say lord bishop at his mansion house common call Ely  house situate in the parish of saint Andrew Holborn in the county of Middlesex  on Monday the nine day of February then next ensue between the hour of three  and six in the afternoon of the same day then and there to answer to the say  Thomas Todington in his say business of complaint and further to do and  receive as to law and justice shall appertain under pain of the law and their  contempt and moreover that they shall monish or cause to be monished  peremptory in like manner the say master and senior fellow and officer of the  say college in special and all other in general that they some or one of they  shall transmit or cause to be transmit to the say lord bishop at the time and  place aforesaid all and singular the statute act original exhibit book  indenture miniment instrument and proceed in or any wise concern the say  pretend election or the say cause of appeal and complaint and more especial  the statute book and indenture in the thereunder write schedule mention under  pain of the law and their contempt and what the shall do in the premise they  shall duly certify to the say lord bishop together with the say monition and  the say lord bishop have annex the follow schedule to the say monition to wit  the original statute of the college give by queen Elizabeth or a authentic  copy thereof the indenture burrow bear date the twentyseventh day of October  in the twentysecond year of the reign of king Henry the eight relate to doctor  Ketons or the Southwell fellowship find in the say college the book or book  wherein the election of fellow and the proceed thereon be enter the book of  battle or buttery book for the month of February and march last as by a copy  of the say monition and schedule thereto annex here in this court read more  full appear and although the say master and senior fellow of the say college  have plead and allege all and singular the matter aforesaid by they above  suggest and allege before the say lord bishop in their discharge of and from  the premise aforesaid and have offer to prove the same by undeniable testimony  and proof yet the say lord bishop have whole refuse to receive or admit the  say plea allegation and proof and then by definitive sentence of the say lord  bishop in the say premise with all his may do endeavour and daily labour to  condemn in great contempt of our lord the now king and his law and to the  great damage and injury of the say master and senior fellow of the say college  all which say premise the say master and senior fellow of the say college be  ready to verify and prove as this court here shall direct wherefore the say  master and senior fellow of the say college implore the aid and munificence of  this court here pray relief and his majesty writ of prohibition to be direct  to burrow er p the say lord bishop in this behalf to prohibit he that he do  not any further hold plea before he touch the premise aforesaid or any part  thereof and it be grant to they c the deed pressingdown house consecrated John  in Cantab this indenture make the twelve day of December in the second year of  the reign of our sovereign Lord king Henry the eight between the reverend  father in God Richard bishop of Winchester John bishop of Rochester sir  Charles Somerset Knt Lord Herbert sir Thomas Lovel knight sir Henry Marney Knt  sir John saint John knight Henry Hornby clerk and Hugh Asheton clerk executor  of the testament of the excellent princess Margaret late countess of Richmond  and Derby and granddame to our say sovereign Lord king Henry the eight on the  one party and the reverend father in God James bishop of Ely and ordinary of  the house or priory of saint John in Cambridge on the other party witness that  whereas our holy father the pope by his bull under lead for the increase of  virtue learning and doctrine and preach of the word of God and to the  establish of Christ burrow faith and for diverse consideration express in the  say bull bath suppress extinguish and determine the foundation and religion of  the say house and prior by the royal assent of our say sovereign Lord the king  that now be by his letter patent under his great seal and also by the assent  and agreement of the say reverend father James bishop of Ely confirm by the  prior and convent of the cathedral church of Ely as in the say bull letter  patent and other write thereof make more plain appear it be now covenant  betwixt the say party and full conclude and by the say reverend father bishop  of Ely grant that he for the better execution and assurance of the premise  shall before the sixteenth day of January next ensue after the date of these  present avoid and cause to be avoid and remove out of the say house and priory  all such and as many religious person as now be incorporate and possess in the  say house and priory of saint John or that can or may pretend or claim any  right title or interest in or to the say house or priory or to the possession  thereof by reason of their profession or incorporation within the same and  utter make void and dispose the say religious person from the say house and  priory and all such right title claim and interest as they or any of they have  pretend or claim to have within the same house and priory or to the possession  or to any thing thereunto belong and also cause the same religious person and  every of they by authentic instrument in sure and sufficient form to be make  to resign and renounce all such right title claim and interest as they or any  of they have or in any manner of wise may have to the say house or priory or  to the possession or to any thing thereunto appertain and that the same bishop  shall translate or cause to be translate all the same religious person into  other house or house of the same religion and cause they and every of they  clear to renounce relinquish and leave the same house and priory and all the  possession thereof and clear to depart and to be utter exclude from the same  for ever and to be real and effectual accept and incorporate in some other  house or house of the same religion and cause the say house and priory of  saint John and the foundation and corporation thereof to be clear dissolve and  determine for ever before the say sixteenth day of January next ensue and also  the say bishop of Ely covenant and grant to the say executor by these present  that he before the Feast of the purification of our lady next ensue and at all  time after when he shall be reasonable require by the say executor or any of  they shall make and cause to be make all such grant and assurance to the say  executor their heir and assign of the say house and priory of saint John and  of all the manor land tenement and possession and all other that belong and at  any time belong thereunto to have and hold to the same executor their heir and  assign burrow as shall be advice by the learned counsel of the same executor  their heir and assign or any of they at their cost and charge and cause all  the same grant and assurance to be confirm by the prior and convent of the say  cathedral church of Ely by their deed and deed seal with the common seal in  such wise as shall be advice by the say executor or any of they so that the  say executor or some of they by reason and authority of the say bull and of  the say letter patent and other premise may make lawful perfect and sure  translation of the say burrow er p house and priory of saint John and the  possession thereof unto a perpetual college of a perpetual master and fellow  and there erect find and establish a perpetual college of a perpetual master  and fellow accord to the will mind and intent of the say princess and accord  to the ordinance and statute of the say executor thereof to be make by virtue  and authority of the say bull and letter parent there perpetual to endure and  on this the say bishop of Ely covenant and grant to the say executor by these  present that the same bishop and his successor and also the say prior and  convent of the say cathedral church of Ely and their successor shall at all  time do and cause and suffer to be do all thing necessary and requisite for  the say translation and for the foundation and establish of the say college  for ever to endure as by the learned counsel of the say executor or any of  they shall be advice at the cost and charge of the say executor and the say  executor by these present permit and grant to the say reverend father bishop  of Ely that the say master and fellow within one month next after that they  shall be find and have real and corporal possession of the same house and  priory and of the manor land and tenement and possession of the same shall  grant by their sufficient write under their common seal for the exhibition and  find of the say religious person during their life to every of they or to  other person at their nomination a annuity of S d by the year to he have and  perceive to every of they during their life out of the say house manor land  and tenement at two feast of the year that be to say easter and Michaelmas by  even portion with a sufficient clause of distress in the same house and in all  the say manor land and tenement for sake of payment of the same and the say  executor covenant and grant to the say reverend father in God bishop of Ely by  these present that after the say translation of the say house and priory and  foundation of the say college the same executor in their statute and ordinance  thereupon to be make and ordain for the order and continuance of the same  college shall ordain and establish among other thing that the jurisdiction  ordinary of the same college and of the say church and chapel thereunto belong  shall appertain and belong to the same bishop and his successor for evermore  burrow and that the master and fellow shall pray for the good estate of the  say bishop during his life and for his soul after his decease as the secondary  founder benefactor and partner in the say holy and meritorious work and also  for t e good estate of all his successor in time to come bishop of Ely during  their life and for the soul of his predecessor patron and founder of the say  house and priory and for the soul of his successor as secondary founder of the  say college and on that the say executor shall provide and make statute and  ordinance of the say college in such manner that there shall not be any  ambiguity in the election of the master and fellow of the say college and also  the same executor grant to the say reverend father in God bishop of Ely by  these present that the same reverend father in God during his life shall name  and choose three apt and able person scholar and his successor after his  decease one apt and able person scholar to be make fellow of and in the say  college and there to be accept and admit fellow of the same college at their  nomination and election and that to be renew and use as oft as the place of  any of they shall happen to be void and on that the say executor granten to  the say reverend father in God bishop of Ely that they shall ordain and  provide in the say statute that the master and fellow of the say college shall  be bind to pray for all singular person as well alive as dead for the which  the say religious brother of the say house and priory be bind to pray in like  wise as the say executor have before this time promise and covenant with the  same reverend father in God to be do in witness whereof the say party to these  present indenture interchangeable have set their hand and seal the day and  year abovewritten the confirmation of the above indenture by the prior and  convent of the cathedral church of Ely and we the prior and convent of the  cathedral church of Ely have and take these present indenture and all and  singular premise contain therein free agree accept and approve and the  indenture and all the same premise contain and specify therein unto the say  executor their heir and assign for we and our successor ratify approve and  confirm by these present rend consuetudes and all burrow er p other right of  our monastery and priory of Ely to we and our successor in all thing always  save and reserve in witness whereof we the say prior and convent to these  present have set our common seal give in our chapter house the five day of  January in the year of our Lord God burrow extract from bishop fisher statute  to cause to stand pro college Divi johis preacher infra Gimnasium  Cantabrigiense thirst preamble ut to agree whole world who to cause to stand  present time lectur are by what way authority sancita to be hoe frontispicio  locand to tax tool a certain seal et subscriptionibus all executor  praestantissimae viraginis Dorninae margaretae richmondiae fundatricis college  divi John preacher in cantabrigia quo instrument per the same executor with  her litter plane constat plenariam authority I John bishop roffensi hand over  pro condend law et statute who tam magister how associate et scholar equally  et student to hold to give ear pron  interrog  indeed instrument course be who  sequitur whole world Christ trusty present circumstance litter to look into  ricardus Winton bishop carolus Somerset come Wigorniae Thomas Lovel mile Henry  Verney mile John saint John mile Henry Horneby et Hugo Assheton clergyman  executor will et ultimae will recently excellentissimae principissae  margaretae Countess richmondiae et Derbiae matrisque et pathless region two  king without doubt Henry septim et Octavius health in lord et fide not  doubtful present circumstance to hold toward with sit to choose rather ut non  to raise up collegia how ut raise male to steer our executor antedicti who  cost et expense say beforehand advance principissae collegium consecrated John  in cantabrigia pile up to care for simul et dotar great disposition to long  for id Self justice law sanctisq to manage law yes quoniam all men our unit to  be at commode non to be able ut well novan choice sharing in college  prediction to make well associate ita dainties law et law legitimate ac saint  to hold forth finally juramentum ab the same exigam pro law hmoi inviolable to  watch idirci our men vice To bring together reverend father John roffen bishop  ut that tam our men how svan authority to be able rhythm sharing ibidem augur  magistroq et associate omnibus to cause to stand salubria our men nomin to  hold forth and ab the same juramenta to drive out pro the same sacrosanct  observation recusant very si who to be to move away violate to make straight  ac the other in all respects et one to thrust through who pro health  gubernation the same college Himself opportuna visa to be equally ac si our in  that place all men present to eat who in all respects et one university to  make signs per present circumstance in quorum all et singulor fide ac  testimonium sigilla our men presentibus to apply lead to that vigesimo die  burrow month Martij year domini thousand five hundred quint Decimus ad  personal care good maxim God ad honor divi John preacher ac soon ad trust the  most Christian growth our Johannes roffen bishop One executor ultimae will  nobilissiae warlike woman owner margaretae richmondiae Derbiaeque Countess  genitricis et pathless region two king Henry septim equally et Octavius nomin  et autoritate the other coexecutorum the same Countess truly ricardi  wintoniensis Episcopi caroli Somerset conit Wigorniae Thormae Lovel Henry  Verney John saint John knight Henry Horneby hugonis Ashton a clergyman law et  to cause to stand who to follow to give out magistroq et associate ac scholar  college divi John cantabrigiae tradidim quatenus the same entirely see  conferment tam he who jam are magister associate et scholar how the dawn  successor however many about to be to be in continuous de election  instructress quoth si tune per way spiritus consecrated concordibus animus no  one dissidents in quempiam of this sort man to agree wicker basket in to cause  to stand ante bed diary be or si major pars all super to some place of this  sort to agree to will et to cause to stand qvisabsque custom no one forwards  freedom patron regular visitor or of one another pron  interrog  jurisdiction  of order praetendent nee surrendering or resignationis what vim queen queen  perhaps quodis burrow er p modi the dawn well the dawn some exhibiasne or ab  the dawn to some place the same approbation await or requisite per to guard  magister college pronuncietur his word de oath instructress ego n in  instructress college consecrated John preacher in university cantabrigiae  naming dainties et commander law touch et to look into per I haec sacrosanct  Gospel dictum collegium in all respects a favor land property possession  return Of et of time jura freedom privileg et good quaecunq the same nec non  all men et one associate et scholar et student Self college juxta to cause to  stand et in ranks speech aweinspiring father domini John fisher roffen  Episcopi without a mask a knowing means noble birth et native land acception  wherever pro of me manly king custodiam direct et gubernab et per elsewhere  king to watch direct et to steer shape nec er factious to greater extent faven  uni how some contra the whole of the laws et brotherhood love nec the dawn  some gravamina well trouble injust those below correction burrow quoq  punitiones et reformationes debt is owed legitimate the pure milk of reason de  quibuscunq fault sin et departure sharing et scholari et a learner speech  college how often where et when opus to be secundum rei character et magnitude  omnemq vim form et execution ordinationum et statutor per dictum aweinspiring  father editor absq favor or hatred affection bloodrelationship relation by  marriage or alian quacunq carefully et indifferently shape et procurab et si  hujusmodi correction punitiones et reformationes ut carry in front debit et  just funeral procession non to be able near fear et force seu multitude fault  Self nomina et cognomina cum character et quantitate delinquent et to  hujusmodi how quickly to be able intra month lord bishop Eliensi who pro  tempore to be or lord porter university well he vicemgerenti denuntiab et  revelab et per eos hujusmodi correction punitiones et reformationes juxta to  cause to stand et in ranks college in omnibus solerter et quickly become  procurab item how often choice well adoption alicuj associate ac scholar well  student in collegium prediction to be to make intendan et enita ut solum tale  to pluck out et assumantur quos secundum condition et character in statute  speech college express habile et fit reputaveri et quos in army et knowledge  ad honor et usefulness college prediction plus posse to make headway et  profectur to give as a loan without a mask well native land acception love  favor hatred hate fear prece et price post situation quibuscunq item si ab  duty meo amovea or si of one cesser good college per I receptan or at I  remanent presidency et thesaurariis college or precidente absent associate  maxim older man in university present time et speech thesaurariis si commode  to be able continuo sin minus salten infra quindecim die ex tune prox sequen  without contradiction seu diminution per list ind inter I et that sub  testimony et subscription the same et of me restore item si per I seu occasion  of me aliquan means disagreement iris i well discord in speech college quod  absit encourage to be et per to guard dean well thesaurarios et duos elsewhere  ex seven college older man Finis the pure milk of reason seu easily appeased  infra quinq die factus non to be tune porter university cantabrigiae who pro  tempore to be praepositique college royal ac instructress college Christ in  eaden university si tune infra the same present circumstance to be ac speech  porter to place in front or instructress extra uni versitatem advocate send  away or absence vice university to bear about One cum as many ex praenominatis  quot in university present circumstance to be ordinationi arbitration decree  et authority of et effectualiter I allow to grow long et whoever two ex strike  against pro tempore secundum form infra limitatam pro tempore skilled  arbitration to be statueri burrow ordinaveri well diffinierint in she part id  all things with reliance on God to watch et the same cum execution pareb  without contradiction wherever to be remiss challenge appeal complaint  exception et other law et fact remedy quibuscunq who omnibus et one in vim  bargain renuncio in his scribe item in all respects et one to cause to stand  et in ranks speech college per dictum aweinspiring father owner Johan roffen  bishop executor ultimae will owner Margarettae Countess richmondiae et Derbiae  to give out et per the dawn dumb outliving to be edend quantum I concernunt  secundum literalem et grammaticalem sensum et comprehension inviolable to hold  exequa et to watch et quantum in I to be shape ab other to watch queen vide  post p cap queen elizabethae de election instructress burrow er p itemque no  one to cause to stand seu in ranks interpretation change injunctiones  revelation or exhibition well glossas once present circumstance in ranks et  statute well qualitercunq yes a perceiving et a perception the same to fight  back well a contradiction derogant well derogant contrary well contrarian per  quemcunq seu quoscunq other well elsewhere how per aweinspiring father owner  Johan roffen bishop prediction to make well to make quomodo it pleases  scienter acceptab well ad she council of Dei Consentes or self aliqualiter  urge on nec the same pareb any tempore well intendan nec strike against well  that to some place any modus act  in college prediction well extra tacit well  express send the dawn et the dawn who gainsay et etian resistan express ipsaq  become way et manner omnibus who to be able obstab et hinder item juroque  quantum in I to be et quatenus of me mask concerna or concerner to be able I  recommend ac Probus what college custom to watch One cum other in ranks per  instructress et associate ac scholar Heights pro sustentation quorundam  sharing ac a learner juxta course cujusdam oath quo magister formerly et  associate see devinxeru to arise tam pro speech lord John roffen bishop how  Henry ediall Archidiacano roffen hugone Ashton Archidiacano Eboracensi John  Ripplyngham in sancram theologian teacher et Roberto Dokket in eaden  baccalaureo ac Marmaduco constable equity kind of fish et Roberto Symson in  arm instructress caeterisq who private citizen once or sharing or a learner  fundationes to make or in descendants creation to be simulq et to care for  quantum in I to be a the other omnibus tam associate how student idem become  nor extort the same interpretation per quemcunque fact urge on aliter how  feeling the dawn area free from obstacles suffer et of me knowledge to greater  extent similar indicabi mind seasoner burrow de sharing character nunc in the  same manner et law to hand over remaining substantial object quod without  doubt ex associate quocunq numero eos before to touch tanquam ex able et  solidioribus member to will to make whole pro fundatrice yes even if king  illustrissimus in papyrus freedom of oneself how pathless region of oneself  owner fundatrici to go away mention to make de quipquaginta associate ac  scholar our yet who ob subtractionem reddituum annuor ad valor quadringtarum a  balance Self rhythm to fill up non to be able quantum ad present circumstance  in ranks observe si become to be able eight super twenty deputar to will et to  order de sharing election ac Self encircling position et quo to be able  exactior become sharing delectus to call together to will et to cause to stand  per instructress well Self absent to guard all associate in university present  primo die Lunae cujusq Lent simul et comonefieri quatenus quisq custom search  to make de youth a certain tam custom how erudition to greater extent  substantial who in sharing rhythm coopte et ut discoverer nomina simul the  dawn nomin comitatus quo quisq to be to arise in scedula conscriba One cum  other dowry who ipse youth to be gifted ad how search tender one to will in  vim oath Himself pron  interrog  autem nomenclature non ante seven die choice  future hand over instructress to be or he vicegerent when magister abesse hang  pro she vice ineligibilem pronunciamuso porr selection haec how often to come  out to frequent to will et to order quaq die Lunae who proxime sequitur  dominic suffering quo die magister et associate all present convenient in  sacellum with horologium insonueri eight et in that place at first bed to  cause to stand de cooptandor character magister at first then remains per row  associate jusjurandurn quod sequitur touch sacrifice Gospel praestabu ego n n  god testor et haec sancta Self Good news I no one in associate what college  electur nisi who juxta to cause to stand antelectum I knowledge to greater  extent substantial indicabi neq this shape price well mercede quavis a  somewhere or data or await to swear falsely itaq one flat e step search per  instructress et duos e associate maxim older man such yet ut he non to be de  numero seven older man conseriptorum who prius etian touch saint God Gospel to  let go see truly et absq trick scrutiniam burrow self pro going to be sharing  election to draw violently et secretum penituis to have neq battle standard or  mutum or elsewhere to any place whatever bargain remember to point out hearing  ergo singulor vow et vote that well that in associate well associate speech  college magister pronunciabit in who well in quos ipse magister cum mayor or  equali part sharing to agree burrow er p et si magister cum mayor or equal  part sharing in once or some to pluck out well to pluck out haudquaque to come  together send in she dissensionse triduum ab beginning selection perseverarint  tum to will ut what pain ending pro here vice ad seven senator older man to  bear back and so pro his de who non be consensus factus choice seven strike  against older man to bring away sit ad haec manner ut sequitur quarto  therefore die post begin choice convenient iterum all men in sacellum et at  first per seven Self older man oath it is better quod that well that de who  fit separation in associate well associate cooptabu who nest knowledge to  greater extent to see or to see substantial it is better therefore hoe oath  flat one do a second time search in quo magister et two prediction scrutatore  express public support seven that older man to ransack et be well two in who  well quos major seven older man pars to agree pro electo well dainties to have  atq ita a the other accepte queen d si fort knowledge the dawn seven older man  non to see inter to pluck out aliquan difference or perhaps inter see major  the dawn pars by no means to agree tum to will ut be well two who h  instructress prius naming or naming to be pro associate well associate  straight on declarabi or declarabi proviso ut nor in here election neq alian  quacunq cujuscunq personae infra dictum collegium to make svan voice or vote  of one another personae cujuscunq arbitration et layout to any place whatever  modus committee or uncertain mask or pro uncertain county well diocesi sub  separation well condition to any place whatever modus nomine or to pluck out  contra to make et vote then suum et etian speech college joint pursuit Self  facto ex tune imperpetuum to send away nee liceat subpoena perjurij whoever it  be ex strike against scrutatoribus nomina another to pluck out some cuipiam to  any place whatever modus per see well per insert mask mutum word battle  standard well scribe ante finish et confiscate associate choice to stretch out  de morum honestate to make safe et Dissentionibus sedand quod si inter  instructress et other or elsewhere what college associate or that causan  aliquan means disagreement iris i violent or noisy quarrel well discord in  speech college encourage to be et per instructress dean et mayor parten seven  older man Finis the pure milk of reason seu easily appeased infra eight die  proxime to follow factus non to be tune to will ut burrow part to differ army  oath Himself triduum post that eight die duos associate to pluck out who  dainties in Himself army juramanti infra two days post the dawn ad hoe choice  et deputation commander college royal et instructress college Christ et  instructress sive jailer college divi michaelis or speech commander  instructress et cushode well the dawn to some place extra university advocate  tuile the dawn vice absence in speech duty infra university to bear about ac  etian mortal remains proenominatos siqui to be in university proasentes adea  et the same hujusmodi disagreement causan sive means in scribe significant et  to bear back et whoever two ex strike against pro tempore skilled arbitration  to be et to decide that all men to appear et in Himself army oath obedia de  modus to go before contra instructress c his row appoint ad errata quw to go  to to be able to come up adhibitur quid to be able to heal incipient a  instructress ut duce et principe quo good et prophetic ut nibil be usefully  advantage ita ignorant play the fool unworthy guilty man nothing be  detestabilius quo daughter of the Sun to cause to stand ut magister quicunq  near the earth property reddituum possessionumspiritualium seu temporahuffi  svan offense understatement seu transference of ownership well near removal  oblationuin alienationern illicit will do you much good et a thing Self  college disgrace incontinentiamq remarkable heedlessness unable to endure  homicide volunteer aliamve causan irregular Self instructress onnin To give  back criminalite irregularem well aliter difficult to handle that not non near  weakness infectivam et contagious perpetuan eujus occasion non to be able  without temptation to sin hujusmoda duty to drive ab eastern peniffis to move  away ad eujus removal hoe modus procedatur videlicet ut statin well salten  infra quindecim die after some prwmissorum pity well in the dawn some incident  prim per proasidentem may stand erect ei alfis dvobus officiariis clavigeris  et quatuor affis associate ex seven older man speech college well salten cum  assent et may stand erect two tertiar here be a omission of the nominative  case to committee videlicet some socius or some ex elector burrow er p a part  all sharing speech college such queen d inter eos to be quatuor older man ex  seven dainties well proesidente not I or negligent per dean theologioe the  dawn preedictorum may stand erect to move magister ut suadea ad willing to go  back ab duty queen d si of one infra triduum to go from not tune infra eight  die post hujusmodi admonition proasidens assent et testimony all sharing dieti  college well salten all proadictorum modus to some place preedicto Himself in  instructress monition help well Self not or negligent dietus dean theology the  dawn assent et testimony proedictorum denunciabit lord bishop Eliensi or  eastern in to move back agent substitute in Of generali seu seed vacant guard  in Of burrow the same per duos or tres associate Self college older man the  dawn literie to some place seal original document ac battle standard et  subscription alieujus writer of shorthand public officer Greek letter sigma  well salten loco seal original document subscription speech preasidentis well  theology decani et proadictorum help ac writer of shorthand public officer  battle standard fortify strongly cause defeetus erimina departure well  irregular instructress essential point proviso queen d all men hujusmodi may  stand erect et testimonium peribentes prihs touch saero sanet God Evangehis in  person preasidente or celebrate by singing theologioe Self primhm id in person  the dawn proestante ac then a one that exigent jurabu queen d do per hate  malitjam odium well fear Self instructress love well honor alieujus pro movend  ad mock duty nec per concord in feeling ffimulorum or agreement nec per  proeurationern alieujus well some nec prece or price or elsewhere quoCunq  modus forbidden lead in send pro good jealousy et usefulness preedicti college  et pro utiliori et convenientiori control the same et honor testimonium mock  perhibuiss Rpiscopus yes Eliensis well Self in to move back agent swine that  supplies a place in Of general or seed Eliensi vacant custos spirituality the  same de eausis guilty man sin departure et defeetibus gainsay instructress set  forth summary et de plano et extrajudicialiter cognoseat et si per a  representation sufficient attend hujusmodi raised surface queer ad dieti  instructress removal to put under to withhold To take back be true statin or  salten infra triduum proximo sequuturum Self ab duty his et ab administration  svan to move away without lteriori dilation speech quodq college associate  denunciet et injunga ut ad eleetionem new instructress libre to go before to  be strong et to withhold juxta form in to cause to stand superihs to press out  to be remiss appeal refusal querelea or eujuseunque of one another law or fact  remedy who hujusmodi removal to be strong to entangle or to carry apart in  what manner in all respects ineffective be to will to cause to stand et to  decide de modus to go before contra associate Seholares et discipulos in mayor  sin et prffimissa well the dawn some in proasenti to cause to stand he who  disregards in person instructress may stand erect et proesidente dean et  thesaurariis well saltern to make one celebrate by singing treasure et alfis  quatuor ex seven older man publie acknowledged admitted fact to be well per  testes fit proedictorum judgment comproband or per fact in person the dawn  evidence manifesto rue the dawn judgment et opinion intimacy to be the dawn  statin a speech college proesentis vigor to cause to stand null species of  comfrey plant monition preamissh sluice et private citizen before Self facto  to decide absq eujuseunq appeal well quereloe remedy burrow de varying state  et obseuris to explain to divide therefore jam whole world college member  offician simul et a service law we to see et exaet indeed quea si to make safe  ad amussirn et uninjured qt odd utiq vehementur to choose ex eodbm a potent  juice haud doubtful to hope proditur who magnee thm usefulness thm Honorius  non solhm huic college vei hffl etian as often royal power about to be to be  to see in advance etiarn be quoad become to be able per un useujusq juramentum  quo nothing at christianos firmius or antiquity to have debet ut to cause to  stand hoec per our jam hand over et authority seat saying of an Apostle  corroborate exactissim to make safe a one quaten sunum who and eoncernans the  other because I John roffensi perquern hose to give out are thm a top  pontifice Julie good luck qubm a fundatrice coeterisq omnibus coexecutoribus  authority be tax non sol he to put together to cause to stand in what manner  mibi to see huic college conducibilia verhm etian instructress simul et  associate eadern to hold forth juramentaq a singftlis tam associate how  student pro that sacrosanct observation distrietihs exigend send et coetera  euneta to thrust through quoecunq pro health college what rudder I visa to be  opportuna atq id tarn effleaciter how burrow er p si euneti simul high to eat  proesentes ego therefore hour all equally et meo Self nomin eassatis alfis  quibusvis stiatutis prius think out quatenCis prwsentibus verb  freq  h  proesentia small breed of cow true et health pronuncio who to watch tam  instructress quhm associate et student oblige volunteers reservath I  nhilominus testify quoad to live well adjieiendi well to make small seu to  shape again to explain to disclose mutand derogand to lift to disburse novaq  turned back alian si to be for sale statuend simul et to eat non a standing  before his statute factis et oath strengthen cwteris autem omnibus eujusvis  rank authority statfts gradfts or creating to step out ac instructress quoq et  seholaribus tam associate quarn student omnibus what college forwards to hold  in ne cum to some place speaker statutor dispense or quoevis novan to cause to  stand sive pro college seu pro quoyis the same member quffl dietorum statutor  some repugnabu to put together or decerna quod si fort A kind of porter or  viceeancellaritis or aweinspiring pater Eliensis episeopus or demftm quivis  the opposite direction attemptaveri et novum some to cause to stand alitid  prffidictis to hold toward struggle to be ab he obligation per haec  autoritatem ab executor alfis I undertaking instructress et coeteros all men  tam associate quaw student peniffis free eisque omnibus et one forbid ne  cuivis bujusmodi to cause to stand or ordinationi to appear admittantye to any  place whatever bargain sub penalty perjurij atq etian removal perpetute a  speech college Self burrow facto Caterfini because nothing be usq ad oh  lueulentum quod non a sophisms to turn to be able in queestionem obean  remember to will queen d si quiequarn in to some place statutor bring edictor  or obseuritatis or ambiguity of meaning instructress et mayor parti sharing to  run up quoad our to live the dawn one in Christ soft fleshy body parts obtesta  ut she doubt we proponent how often oria in what way et as far as this to make  mosq libe ut et ante non semel feeimus there um moving two ways obseuritatem  excutiem Q hod si after our ab have luee migraverim new indeed unit of weight  discovery to be or de to make new encourage to will et to order ut rectus et  praiseworthy statutor use to go among juxta chin our men watch et who maxim to  coincide custom pientissimoe fundatriqis sit instructress equally et associate  norma quoedam et regulan how the dawn puritate conseentiartim a people of  India seq vantur in of this sort unit of weight et ambiguity of meaning  omnibus neq we yet per hoe to stretch out ut si prwtur notice our men quispiam  abusing in statute Self or in qpavis the same part per instructress or  officiarios or who ewterorum in cursufuerit quoth be pro recto et praiseworthy  statutor use To take back or si our the dawn Self instructress who nune be or  cum elsewhere to any place whatever sharing in any statutor part dispensaverim  not yet ut hoe privilegi uni or one ex cause our to move coneessum pro common  a certain freedom to hold S ed et eunetos to speak et per Christ wound to ask  ut uramentorum of oneself I remember atq our men chin in Self statute respicia  to greater extent quhm once who proeter assent nostrum clam to be gradually  introduced the same statutor abusing nam entirely to hold before ne per  aliquan revelation or experience any or lasting who abusing well demhm sharply  once word or intention speaker statutor in to some place to repeal in part  visit autem what college aweinspiring in Christ father bishop Eliensibus to  commit for protection who et doncessimus eujusdam substantial bring  esentationem who sit going to be in hoe college socius Idoneum autem to come  to know who character to have to go quw to copy off in to cause to stand de  character sharing neg for other quempiam reeipi to will h college the same  etian a mus et per owner jesum obseeramus ne quenquain proesentent nisi ankle  who pro nest merit hoe sodalitio dignus to be et who cum statute per in all  respects to come together de visitatore nothing approach good law termor  muniriq to be able quin ab his who boldly live et luxu desire iq froana laxar  student aliq up fraud comimento facile queat elude our therefore trust  kindness reverendissimorum father an overseer eliensiam sea et cum chiefs  arnatissimi domini dni nicolai west who seat episeopalem jam nest burrow merit  to hold fast truly Q hod tam ipse how successor he pro jealousy who ergh  remember publican christianam to bear about muffis going to be time to bear  hwo to cause to stand contra our men chin et contra sanetissimum pientissimpe  fundatricis custom um bed of violets to cause to stand to order et to will  qhod bishop cuivis eliensi who pro tempore to be how often per instructress et  prwsidentem decanosq et thesaurarios sive per instructress et quatuor seven  older man deputy sive per quinq ex the same seniorP bus reluetante  instructress or proesidente seu per two repeat three times sharing part  require burrow er p to be send et on this side of however much requisitionem  de three years in triennium semel ad collegium to go to liceat per see well  per commissioner suum not general who to lead to cut off prwterquam per porter  university Cantabrigioa seu vicecancellarium or proeuratores university the  same et preaterquam per elsewhere who ex speech college pro to some place  crimine or fault move away to be or removal hujusmodi to flee to go back ac  praeiterquam per instructress or aliquan alian mask speech college or  elsewhere quoseunq in university per One quindenam year proximo she visit  priority student et except per religious devotee qualeseunq proadictorumve  once or consanguinem alieujus soeij speech college liceat inquan ad he visit  freely to go to magistrumq ac elsewhere one associate seholares ac student the  same college in sacellum the same to call together who indeed reverend father  or he commissioner viggre proasentes to cause to stand full coneedimus power  ut super omnibus et one small part et point of time in our men statute content  a de quibuscunq point of time position just or honor speech college  concernentibus or quea in dieto college or aliquan that mask to be to shape  again or to make straight prwterquam de secret et secrecy instructress  associate scholar et student to ask et to seek after cogatque the dawn  unumquemq in army oath et per blame si opus to be ad dicend reality de to send  forward omnibus et one proeterquam ut preceding be de secret et secrecy  excessusq ac heedlessness sin et delieta quorumeunque speech college  qualitercunq undertaking in she visitation experience favorable m excessfts  exigen tiam et sin or fault character debit to punish et reforme cieteraque in  all respects et one to make et to drive queer ad mouth amendment et  reformationein to be relative or quovismodo opportftna etian si ad privationem  or removal piagistri or proesidentis dub of one another eujuseurlq ab  administration svan well duty seu si ad removal alieujus soeij scholar well  student ab eastern college si yet hoe Self to cause to stand et in ranks ent  to go before to touch quos indeed exl instructress associate et scholar  student ac prwterea minister quoseunq etian slave prediction lord bishop et  what commissioner quoad in all respects et one praeimissa to will et  praeipimus effectualiter to stretch out et to appear to cause to stand insuper  ut nullus in visit prediction seu other search to make in speech college  contra burrow instructress or once aliurn Self college quiequam dedicate to  lay seudenunciet nisi quod yes to give as a loan seu de quo publican vox et  hunger to labor contra to go in army oath ab the dawn college a protector to  order to go by dominus bishop Eliensis cum in mask not common with others to  go to see et premissa to make worthily magister et thesaurarii only ei intra  collegium restoration to make si yes per commissioner bishop visitaveri  commissioner two restoration intra collegium exhibea who tam aweinspiring Self  father how he commissioner to speak ut tense to be Coeterum ineeptam aliquan  visit ultra duos die neighbor to follow or ex cause utgentissimis et  rarissimis ultra quinq die prorogar or continuar nullo bargain to will send  gliding et drive out there triduo et when ex cause prwdictis beyond proroga  sexto die transactor eastern Self visit that pro terminate et dissolute to  have et si and in she part compereri to make straight et to shape again and  shortness time corrigpre et reformar non pottierit she instructress in scribe  to give up who she oinnia secundhm form et urgency statutor how primiLm to  make straight et reformar in virtue oath et sub peena privationis ab duty his  Self facto to hold Proedictiorum quoq reverendor father Eliensium an overseer  et commissarior of oneself quorumeunq knowledge at altissimum quantum to be  able heavy oneram ac in soft fleshy body parts Dornini our men jesus Christ to  urge et to beseech ut in to make et to follow to the grave to send forward  secundum apostol education non to seek who svan are send who jesus Christ  solumq god to have be in charge eye chin favor fear hatred prece et price  color opportunity post situation quibuseunq search amendment et reformationis  duty carefully to weigh out et with reliance on God in omnibus exequa siout in  person a god in he limit judgment in hoc grammatical case uolverint reddere  account to cause to stand preaterea ut magister socius scholar or the quispiam  what college super departure well fault in visit et search per dictum  referendum father well he commissioner ut premittitur to make to call to  account well uncover copy compertor well revealer hujusmodi Himself to give up  to give away dari to stretch out ac nomina detegenti well denunciantium  Himself to put out or declarar no one modus to strive for neq self experience  et uncover or nomina detegentiurn trada eiden or ostenda send super the same  experience et uncover statin in person Self lord bishop well he commissioner  per burrow er p sonaliter respondent ac amendment debt is owed to come under  pro the same seeuhdhm nostratum ordinationum et statutor urgency et course to  be remiss quibuseunq challenge appeal complaint et affis law et fact remedy  per quge Self amendment et a punishment diff rri to be strong seu alias  quovismodo to entangle si yet ad a taking away nem or inhabilitatem  instructress or expulsionem soeij or scholar per bishop or he burrow  commissioner to put in motion tune ostenda ei uncover quoa si non to be able  reasonably et commendably to shun et justice defension propulsar to move away  without appellation or ulteriori remedy dummod ad he expulsionem to run  together consensus quatuor seven deputy older man tune in university  proasentibus without quorum general consensus enrages sit hujusmodi drivingout  et no one Self facto et insuper si contra instructress ad removal ab duty per  hujusmodi domini bishop commissioner etian to agree ut proafertur quatuor  strike against older man to go before non to say no ei all men complaint et  defension legitimate et honor at Self owner bishop Eliensen provided ulterffis  non to drive to non to stand before our men l orda tione proadieth or other  quibuseunq Proater haec visit modurn our other nullun Eliensibus bishop to go  away send nee a associate to bear to let pass to some place bargain quod etian  the dawn mandamus in vim oath Himself to know for qftod remove virago owner  fundatrix dumb in human affairs to put in motion to gain one ab Eliensi bishop  who tune to be law fundationis eh indeed ration ut ex desolate oadiculis tam  illustre collegium erigerit uod cum to make out et to accomplish great his  sump u par be et Elienses bishop nothing mayor in hoe college Himself to  assert a claim to autoritatem quim in C2dteris academic college where non are  fundatores his itaq speech law quas thm salubres thw legitimate to value  instructress et scholar all men tam associate how student college divi John in  cantabrigia king to will et to steer who si seize carefully attempere nothing  to waver in opinion quin afflatus to be at divine spirittis who reeth perdueet  yielding ad great instruction cum acquire conjunetA sacredness nor for fas be  a going around quin sancer that spiritus who in quavis congregation Christian  mouth to sit back proasto sit adjutur all who cum fide et purh conscientiib  convdrsari to undertake justisq et salubribus wonitis obternperant bring eeipu  yet eos who study dedicated a letter insuda nam ob have potissirnhrii reserand  that missis f vit with inquit to come that who be spiritus reality dueet thou  in all men reality at quos to lead nirnirhm humiles et yielding super  hujusmodi to rest foven e os et indicibilibus eos confirming reficie send et  this with sit portress uncover ac open up areana to scratch nothing therefore  thou heasitandum be brother quin si to give attention have law to watch  equally et acting in accord in charity jugitur conversarj father our men  please to be sno thou tandem afflar breath quod ut to make ipse tamet si  pecoator sim constant to ask et thou in turn queen eating pro I precimini  burrow de quatuor associate et dvobus student per Johan Roffensem bishop  establish quinetiam decide queen d ad exercitamenta student et ad she how per  statutd college coateri associate perimplere to hold similiter obstringa et ad  she perimplenda equally et ad have to go in ranks with reliance on God to  watch protinfis ut dainties to be juramentum preastent corporate et e atera to  make who ad hune execution to drive out et si to fail like modus per in all  respects subjacea correctional et idem etian quantum ad duos that student  detained fiat juxta manner et fornian how ecateri to draw violently student  postrem volunteers quod ad have to go in ranks on this side of fraud to watch  tam magister quhin offiteri unite soon title dainties to be to swear to be  confine ne fort per heedlessness et carelessness svan ob indenturarum inter  our confectar profanation college heavy below loss extract from queen  Elizabeth statute preamble Elizabeth God agreeableness itaq many men that is  above statute abolish many men different et correct nonnullisq perf  of nosco  add hare authority our men inviolable ab omnibus who in hoe college to tarry  et  to tarry are to watch et to watch to will who ad vide post burrow er p  manner uniuseujusq duty in statute following descriptum designatumq to be  reservaL always we et successor our men c note this clause of reservation be  not complete in the original but it be more full express in the that chapter  Chap d de election instructress quod si tune per way spiritfts consecrated  concordibus animus no one dissentient in One quempiam of this sort man to  agree wicker basket in to cause to stand antelecto deseriptus be or si major  pars proesentium super to make one to some place hujusmodi to agree to will et  to cause to stand absq norh dullh forwards freedom regular visitor or of one  another eujuscunq jurisdietionem of order proetendentis expeetatd magister  college pronuncietur burrow qubd si quinq that de to make one to some place  non to agree tum ad college visitor to come et that pro instructress to have  who solus visitator to lead proeficiendum mod be to cause to stand de  character et duty instructress in omnibus respondent Chap that de election  Proasidis Qubd si post tribune area free from obstacles investigate ipse  magister the dawn quatuor de to make one non to come together thm be dainties  to be in who ipse magister cum three maxim older man ex speech eight older man  associate house proesentibus or mayor the same part to agree quod si ne two  indeed ante horan tertian the same a day de to make one cooptand ut dictum be  coneordare to be able onines yet eight older man well septum ex his de to make  one to pluck out unanimously to agree eastern grammatical case to will istrum  strike against eight well seven such to agree assent suum to fit uaogd si ne  seven indeed such ut proadictum be unanimously to agree thm be pro electo to  have who ipse magister solus nominaveri Chap that de sharing election ac Self  encircling position porro selection haec how often to come out to frequent to  will et to order quhq of Lunce quw neighbor sequitur dominic quintan  quadragesimoe quo die magister et eight older man convenient in sacellum cum  horologium insonueri octayam et in that place primhin bed to cause to stand de  cooptandor character magister primtLm then remains per row older man made him  take the same oath quod sequitur touch sacrifice evallgelfis priestabunt ego n  n god testor et sancta Self Good news I no one in associate what college  electur nisi who juxta to cause to stand antelectum of me knowledge to greater  extent substantial to fine neq mock shape price well mereede aliquan a  somewhere or data or await neq any other left hand or crooked agectione to  swear falsely one flat statin area free from obstacles search seniores yes ut  pretense promittend et spes to catch medio to lift juxta senioritatis row  publice et ut cwteri to hear clearly to be able express public support To  bring together et de quo magister et quatuor ex speech older man to agree be  pro associate to have queen d si post one or for the third time search de to  make one quatuor the dawn instructress non to agree thm eoden modus to go  before quo in election preesidis et reader et another officiarium dictum be et  be socius to have who eastern modus dainties to be burrow Chap that  jusiurandum dainties associate quod si to touch I posthae near contempt  rebellion disobedience evil more well alian merit well near cause in  proesentibus statute keep together per instructress well elsewhere in  hujusmodi negotfis to have interest shoelace or to punish or a dieti college  sustentation et joint pursuit secundhm form statutor to shut out drive out  well anoveri Self instructress or alian mask any occasion expulsionis or  removal hujusmodi never persequa seu inquietab per I other well elsewhere nee  ab alfis is troublesome to shake seu to disturb procurab in door ecclesiastic  seu secularl seu elsewhere qiiocunq modus send contra ex certan of me  sciciitih pur of one simpliciter et absolute omni actionj occasion amendment  punitionis exclusion seu removal hujusmodi facing instructress seu elsewhere  speech college associate et seholares I quomo vim perhaps vide ante p burrow  er p dolibet conjunction sive separately expertise appeal likewise et quereloa  in she part to make ac quarumounq a letter impetrationi etian prayer Princeps  nobles great man prffilatorum et another quorumeunq quantumeunq I alias  uprightness et vitae merit suiTragabuntur in vim bargain report Chap that de  varying state et darken to explain to divide jam whole world college member  offician simul et a service law queer si to make safe ad amussira et unhurt  quod utiq vehemently to choose ex eoden a potent juice bawd doubt to hope  proditur who magnoe tum usefulness tum Honorius non soffim huic college verhm  etian as often royal power about to be are to see in advance etian be quoad  become to be able per uniuseujusq juramentum quo nothing at christianos  firmins or antiquity to have debet ut to cause to stand home per our jam hand  over exactissim to make safe a one quatenfis unumquemq concerna abrogatis  therefore quibusvis alfis statute pro what college gubernation prifis think  out be preasentia cum true tum salubria pronunciamus who to watch tam  instructress how associate et student to bind on to will reserve we  nihilbminus ndipotestate well adjicie well to make small seu to shape again to  explain to disclose mutand derogand to lift to disburse novaq turned back  alian si opus to be statuend et to eat non a standing before his statute  factis et oath strengthen coateris autem omnibus eujuseunq rank authority  staffis gradfts burrow or creating to step out ac instructress quoq ac scholar  tam associate how student omnibus what college to hold in ne cum to some place  speaker statutor dispense or any novan to cause to stand sive pro college sive  pro quoeunq the same member quea speaker statutor some repugnabu to put  together et decerna queen d si fort A kind of porter or vicecancellarius or  aweinspiring pater Eliensis bishop or demhtn quivis the opposite direction  attentaveri et novum some to cause to stand other h proadictis to hold toward  struggle to be ab he obligation authority our men instructress et coateros all  men tam associate how student poor nitfts to set free eisq omnibus et one to  interpose by speaking ne ulli hujusmodi to cause to stand or ordinationi to  appear admittantve to any place whatever bargain sub penalty perjurii atq  etian removal perpetual a public speaking college Self facto queen d si inter  instructress et associate or inter associate Self aliosve our men college  super to some place point of time statutor our doubt some or ambiguity of  meaning contro versia seu belief varietas well discord to arise eujus  settlement seu old man et plan we comprehension intra eight die a tempore  exorient emer being et commotoo doubt compRtando nequiveri inter eos to have  tune to will ut part a chief of the duos ex college associate to pluck out who  ita dainties how cit to be able aweinspiring bishop Eliensem pro tempore to  step out in quo sinceram trust ponim quemq juxta plan common feature literalem  et grammaticalem sensum et ad doubt proetensum aptiorem all men hujusmodi  ambiguity of meaning to explain dissolutur to disclose arbitra abicunq intra  kingdom Anglioe to be adea well salten totan turning against in dvobus scribe  svan Self manu or notaffi public officer subscription well alieujus seal  original document apposition defended eiden reverend parti significant pron   interrog  indeed reverend bishop boundary interpretation et declaration super  bring proclamation doubt ita ut proafertur discuss ac ad the dawn honor to  make instructress proasidem associate et ecateros all men speech college  obtemporare to will et cum execution to appear sub Self debt is owed oath  college prffistito et penalty removal continuous a speech college si contra to  make Self facto not quod per experience any or lasting who abusing or demhm  sharply once word or intention speaker statutor in to some place to repeal in  part mock autem imprimis mandamus ut juramentor of oneself I remember atq our  men chin in Self statute respicia to greater extent how once who preeter  assent nostrum clam to be gradually introduced the same statutor abusing visit  autem what college aweinspiring in Christ father bishop Eliensibus to commit  for protection who et to go away eujusdam substantial proesentationem who sit  going to be in hoe coliegio socius substantial autem to come to know who  character to have burrow easden quea to copy off in to cause to stand de  character sharing neq for other quempiam keep back to will h college no one  autem that proasentent nisi ankle who pro nest merit hoe sodalitio Xignus to  be et who cum statute per in all respects to come together burrow er p Chap  first de visitatore nothing ladeo good law termor muniriq to be able quin ab  ii who boldly live et luxu desire froana laxar student to some place fraud  invention facile queat mock our therefore trust kindness reverend in Christ  father bishop Eliensis who nunc be et successor of oneself sea confisiq quod  orthodoxy trust et reipublibe ChristianT jealousy hoec our men to cause to  stand erpetuis going to be time inviolable ad lauden God et p honor college to  watch procurabu et to shine et she well the dawn aliquan contra our men chin  et sanctissimum to feel annoyance fundatricis custom too little bed of violets  to bear to cause to stand to order et voltimus ut bishop Eliensis who pro  tempore to be how often per instructress et five ex older man sive per seven  older man to struggle against instructress require to be ad collegium to be  strong et to be able to go to instructress proesidem dean thesaurarios  associate scholar et student college in ecelesiam the same to call together  collegium tam in capite how in member to go to see ac de et super omnibus et  one position just et honor speech college to cause to stand man istri  proesidis decanor thesaurariorum sharing a learner well minis trorum  reformationem et amendment concernentibus dilizenter inquirer juramentum l de  to say reality in proamissis omnibus et singu lie ab the same to drive out  erimina departure delllcta et heedlessness quorumeunq speech college  qualitercunq undertaking in eh visitation experience secundhm sin to  delinquent et negligentiar character et urgency debit to punish to make  straight well reformar ac jurisdiction svan of order how to will et hoe to  cause to stand our men to order ad the same bishop Eliensem et successor swine  in continuous to look on et to stretch out in instructress et associate speech  college to drive effitaraque in all respects et one to make et to drive in  what manner ad the dawn amendment et reformationem are necessarian or to any  place whatever modus opportuna etian si Self ad privationem seu removal  instructress proasidis or of one another eujuseunq ab administration well duty  seu ad removal alieujus soon scholar well student ab eastern college si yet  hoe Self to cause to stand et orainationes exiga to go before to touch Eum  autem to will visitation semel incepth atq  ineboath ut how cit common to be  able cause burrow all men dijudicet et determine ac that which divides visit  fumigate omniii intra quindecim postejus ad collegium approach die to make to  cause to stand insuper ut in visit college per aweinspiring father Eliensem  bishop quemeunq pro tempore to step out nullus sharing or scholari contra  instructress or once other that college quiequam dedicate to lay to uncover  well denunciet nisi quod yes to give as a loan seu de quo publican vox et  hunger contraeandem work sub peena profanation oath ab fisdem associate et  scholar college proastiti et super departure well fault in visitation et  inquisition hujusmodi uncover denunciati well accuse copy revealer et  compertor nomiijibusq detegenti ii minim hand over well show super departure  et mold into shape hujusmodi agreed price in person lord Eliensi bishop  summari et de plano to go before to answer et the dawn who respondent per see  amendment debt is owed pro fisdem to come under et the dawn who to come under  secundhm our ordinationum et statutor urgency et course to be remiss  quibuseunq challenge appeal complaint et aflis law et fact remedy per quffi  Self et eujuslibet the same amendment et a punishment to carry apart to be  strong seu alids howsoever impedirisi yet ad privationem instructress or  expulsionem soeij scholar well student to put in motion tune to will et  statuifflus ut ostenda ei uncover in what manner si rationabilitur et  commendably to shun et justh defension propulsar non to be able to will ut to  move away without appellation or ulteriori remedy et si in what manner alian  in member to make straight et to shape again to be quid shortness time  shoelace et to shape again non to be able she in all respects et one  instructress in scribe to give up who secundiim formarn et urgency statutor et  in army sanctoa obedience ac oath Himself sub profanation peena hujusmodi to  make straight et reforinanda carefully et with reliance on God to make  straight et reformar studebi et to hold Dissoluthq visitation pro edible  poculentis expenditure load et management ration visit what I modi debt is  owed to will et statuiriaus ut summa pectiniaria in bone memorioa domini James  formerly Eliensis bishop permission et in ranks linlitata et declare known  absq dilation quhlibet to loosen aweinspiring yes father bishop Eliensis eujus  cumq pro tempore to step out knowledge at altissimum oneram et in viseeribus  domini our men jesus Christ to urge ut in to make et to follow to the grave  proamissa secundilm burrow er p apostol education non to seek who svan are  send who jesus Christ solumq god to have be in charge eye chin favor fear  hatred prece or price color or opportunity post habitus quibuscunq visit  search amendment reformationis duty carefully impendea et with reliance on God  in omnibus exequatur as in person a god in he limit judgment in hoe  grammatical case volveri reddere account burrow his therefore speech law c as  in conclusion heading de visitor in Episcopi fisheri statute Chap that de  restraint et morum urbanitate all men light household member intra collegium  et understand et of in my judgment who for as once in law vocaveri without  general consensus instructress or eastern absent protector et majoris birth  older man college to move away dissentionis inter associate discipulosve birth  intra two days si become to be able a instructress or eastern absent preside  et eight older man sede sin fler non to be able quatuor socijper to differ to  pluck out cum instructress or eastern absent preside lawsuit to hear et cum  justice dirima et how that all men well magister or si that absit praeses cum  dvobus such dainties opinion tuleri in she to find rest to differ who by to  make college to bereave Lis yes inter instructress et associate One or more  birth a preside et mortal remains older man or si press One to dispute sit h  associate maxim older man who One litigantiam non sit et understand et si  become to be able tranquille sin intra two days hoe fler non to be able ad  overseer college royal instructress association the number three et Christ per  duos associate utrinq eligehdos lie to bring away et quod two ex strike  against statueri juxta form statutor or law royal power our men id raft to eat  who non parverit college to move away also in the chapter relate to the  election of thou master it be ordain that if five of the fellow after two  scrutiny to be end upon the same day shall not agree upon one person then they  be to come to the visitor of the college and he be to be esteem as master who  the visitor only shall think fit to set over they provide he answer to the  statute in all point concern the quality and office of master and the say  visitor shall signify to the fellow of the same college within twenty day from  the day of such devolution upon he by and instrument seal with the seal of his  pastoral office the same person so promote to the mastership in the chapter  relate to the election of precedent lecturer and other officer it be ordain  that if the master and fellow shall not agree in the election and the master  shall be out of the kingdom then he who the bishop of Ely visitor burrow of  the say college be within the kingdom shall nominate be to be elect into the  office N B by the annex foundation I e the before mention foundation of the  two SouthwellFellowships some object of election be make preferable to other  and Todingtons right upon the merit depend upon his be a preferable object  whereas craven be only a general one but the exception take to Todington  against elect he into the fellowship though otherwise a preferable object  within dr Ketons description be his be mutilate and thereby exclude by the  foundation from be capable to be choose for that by one of the old statute  prior to dr Ketons deed which refer to they it be ordain that the person  eligible as scholar shall be corpore no one contagious or incurabilibus norbis  full of vice aliasve inappropriate good taste or mutilo from whence it be  infer that though this clause be not indeed repeat as one of the qualification  of a fellow yet it must be so intend for the statute can never mean to require  less perfection in the fellow than in the scholar since the fellow be express  describe as able et solidiora membram college and be to be elect out of the  scholar and be consider as design for the ministry and holy order into which  no deform or mutilate person be admissible the counsel who show cause against  the prohibition and who argue at first only from queen Elizabeth statute for  bishop fisher be not lie before the court till some time afterward make three  point upon they videlicet vide p burrow er p first whether the bishop general  visitatorial authority do not extend to the election of fellow upon the  original foundation d whether it extend to this annex foundation d whether the  clause which give distress upon the estate of the college exclude the visitor  and several of queen Elizabeth statute be read on behalf of the visitor  particular the that de varying state et darken to explain and c first de  visitatore and also c de election instructress contra on behalf of the college  be read and rely on c that de restraint c c that de election sharing and c  that de election protector burrow N B all these be queen Elizabeth statute and  it be say by the counsel for the visitor that though bishop fisher as survive  executor of Margaret countess of Richmond give statute yet he have no power as  executor to do so and that therefore queen Elizabeth afterward give fresh  statute cur let it stand over till tomorrow and let we have copy of the  material statute in the mean time on Friday the that of November this motion  proceed and on behalf of the visitational power it be argue first that the  bishop have a general right of visitation of the college which include the  election of fellow as well as other matter that concern the college dly that  this general right extend to the annex as well as to the original foundation  and dly that the clause of distress which have be urge to be a distinct and  particular remedy give by the annex foundation do not exclude the general  right of the bishop to visit first the original foundation of the college be  upon express condition that the bishop of Ely shall be visitor and dr Ketons  foundation be incorporate with the original foundation he be in effect only a  purchaser of two fellowship and two scholarship and the new statute of queen  Elizabeth be subsequent to dr Ketons foundation and dr k s fellow be part of  the college at the time when these statute commend the visitation of the  college I e of the whole college to the bishop of Ely for the time be these  statute constant speak of the bishop of Ely as general visitor of the college  at that time and already so and not as be constitute so mere and only by those  statute of queen Elizabeth and his general visitational power include the  election of fellow as well as other matter the general visitor upon  layfoundations be the founder upon spiritual foundation the ordinary the  general power of visitation of the college be give to the bishop of Ely ex  nomin of visitor No particular set form of word be necessary to the  appointment of a visitor FitzGib dr Bentley v bishop of Ely visitator sit  bishop Eliensis be the bishop whole right to be general visitor of Trinity  college burrow and he be complete visitor and such power may cease and revive  again the case of the king v bishop of Chester warden of Manchester college  strange prove this the late case of dr green v dr Rutherford in chancery be  only a trust give upon another foot No objection can arise as to executive  part from the legislative power be reserve to the crown deprivation and  admission of fellow be incidental and essential to the general power of a  visitor sir t Jones the king v warden of all soul college in Oxford neither be  it any objection that particular time and occasion of go to the college be  state and specify for upon particular gravamens he may exercise the power of  admission and deprivation eastern nomin as visitor second point the bishop  general visitational authority extend to the annex foundation as well as to  the original foundation both be within the same reason and these ingraft  fellow be to be bind by and even to swear to the statute then in be and here  no new statute be give by the annex founder and the power he reserve be only  to give additional one conformable to the old one and the indenture refer  throughout to the original foundation which be a strong implication in Mod  indeed this point whether the visitor appoint by burrow er p the founder can  be extend to the new fellow be doubt this be call Mr Jennings case of  Clarehall it be then adjourn and do not appear ever td have be determine but  on first march in the case of the attorneygeneral at the relation of mapletoft  v Talbot the case of the master and fellow of Clarehall in can Lord Hardwicke  hold that the annex foundation where no new statute be give must follow the  original foundation three point this deed give another remedy videlicet by  distress do not preclude the visitor it be not ad idem it be give to the  church of Southwell not to the party injure in point of election and admission  but however if it have be give to the party injure it can not have take away  his appeal to the visitor for relief for the one be in order to obtain  election and admission the other for the profit the specific relief must come  from the visitor the distress will be only for the burrow delay strange  Middleton et ux v cross in b r the three and last question it be resolve that  the statute of W do not by inflict a penalty take away the jurisdiction of the  spiritual court the distress may be intend to prevent collusion between the  college and the visitor and as a method to bring the matter collateral in  question for notwithstanding what may be say in the book particular in the  case of Phillips v bury Exeter college case it will be very difficult to  maintain a direct action for such collusion these new fellowship be by the  deed to have all the right of other fellow now one of these be a right of  appeal and shall the nomin pnae and clause of distress give to the church of  Southwell take away the distinct right of the candidate and of the bishop no  they have a right to the remedy but none to the penalty the penalty belong to  the church of Southwell but if the penalty have be give to the candidate will  that have discharge the college obligation to perform their contract and the  restriction from go for as do not exclude the visitor for he be domestic but  it only exclude forensic jurisdiction court of law and the collateral penalty  can hurt the specific remedy for it be not adequate to the injury nay it be  not even give to the person injure and it be temporary however the same person  may have several remedy and this be not the first instance of the present  question in this very college for Mr peg case in be in point and there the  college submit the case be exact the same with the present except only that it  be upon dr beresford foundation which also be by deed and with a clause of  distress as this S his foundation be likewise of two fellowship and two  scholarship in this college by indenture tripartite make February h between  the college the dean and chapter of Litchfield and himself in consideration of  give by he to the college in which indenture a forfeiture be fix and a right  of entry into the collegelands give to the dean and chapter of Litchfield to  distrain for it Mr Pegg be elect Mr Burton appeal to the bishop of Ely as  visitor Mr Pegg protest against his jurisdiction civilian and commonlawyers be  beard upon the point of the jurisdiction the visitor pronounce for his own  jurisdiction and afterward give sentence for Mr Burton the appellant and issue  his monition to the master precedent and six senior fellow to admit Mr Burton  this monition be obey and Mr Burton admit into the fellowship by the precedent  by who a certificate thereof be duly return to the visitor burrow the right of  visitation arise from the commonlaw as ld Ch I holt hold in the case of Philip  v bury though bishop Stillingfleet say it arise from the canon law there be a  case of this very college which be report in Mod king queen v saint John  college Cambridge and comb SC and Skinner SC where the court think they ought  to see that the law be execute and another case also relate to the same  college be dr rutherfords case which be upon a special trust but the court of  justice will not interfere unless the visitor abuse his power in exert it  where he ought not then the counsel for the bishop and Mr Todington offer  affidavit as to matter of fact but Lord Mansfield say this court can enter  into the merit of the election for the question before we be whether the  bishop of Ely appear to have a right to v Skinner burrow er p judge in this  case as visitor if he have there be no ground to prohibit if he have no such  jurisdiction he ought to be prohibit the counsel who argue for the prohibition  begin with lie down some general positionsas that fundatorial right take its  rise from the propertyof the donor that a founder may give statute that if he  do not the right of visit remain in the founder or his heir that he may  appoint a visitor either general or partial with regard to his power as he  himself please that if he give he only partial power the visitor can exceed  they that if the visitor shall attempt it the court will by prohibition  restrain the excess of jurisdiction that the court will never refuse liberty  to declare in prohibition wherever there be the least doubt in order that the  matter may be solemnly determine upon record and so be subject to a regular  course of appeal that a visitatorial power be not to be infer by implication  but must be give by express and direct word as be determine by Lord chancellor  king assist by two great judge of the commonlaw in the case of Eden v foster  report in peer win the case of Birmingham school then they enter upon their  argument to the follow effect first the bishop of Ely be not general visitor  of this college but only visitor in particular instance and the general right  of visitation in all other instance remain in the crown this they say will  appear from the that first and d chapter of queen Elizabeth statute burrow c  that reserve we potestate well adjiciend well to make small seu to shape again  to explain c the other autem omnibus c to hold in c and immediate after the  bishop of Ely be particular there name as one of the person prohibit from  counteract the statute and it conclude with give the bishop of Ely a  compensation videlicet the nomination of a fellow who must be fit and the  college be appoint to judge of the idoneity for it be say nor for other  quempiam keep back to will a college indeed the bishop be immediate afterward  admonish to offer no other than a proper person but still the college be to be  the judge even of the bishop own nominee c first de visitatore give he power  to go to only how often he shall be request c and he be thereby restrain to  close his visitation within fifteen day and there be many particular power  minutely give he which exclude the supposition that he have the general power  c that de restraint direct that all men light household member intra collegium  et understand et dijudicentur and order expulsion to he who out of doors  vocaveri c and refer their domestic dispute to be settle either among  themselves in college or by the resident master of the other college  particular therein name they deny that in dr Bentley case the expression sit  visitator be the ground of the resolution which word however be not as they  observe in the present case but in that case the intent of the crown full  appear throughout to give the whole power to the bishop of Ely whereas here  the crown reserve power to itself of various kind and may have appoint new  visitor but there on the contrary the right be perpetual give to the bishop of  Ely here the bishop visitatorial power be limit and circumscribe whereas a  general visitor may do all that a founder can do here he can visit ex duty in  less than five year as to strange the bishop of chester case as warden of  Manchester college they agree that in certain case the visitatorial right may  be suspend and revive again but that case they say be not at all like the  present case as to the case of dr green v dr Rutherfordit be only a  construction of a will contain a trust which be not a object of the  visitatorial jurisdiction beside the point of judgement in that case they say  be with they burrow and they conclude that therefore no appeal lie to the  bishop of Ely in the present case upon the foot of its be in general one of  the fellowship of this college dly much less do it lie in this case of a annex  fellowship give by a subsequent foundation the law will not imply that dr  Ketons foundation be subject to any other visitor than himself and his heir a  ingraft foundation do not fall under the former power if the annex founder  give other law now this be not a cofoundation but a now foundation it be not  true that dr keton know the bishop of Ely to be general visitor on burrow er p  the contrary the bishop be not so by bishop fisher statute for by those  statute the bishop have no right to interfere in the election of fellow and dr  keton reserve a power to give statute consistent with the statute of the  college and this right be either still subsist in dr Ketons heir or devolve to  the crown now at that time of dr Ketons foundation the bishop of Ely have no  right of visitation as to the election of fellow dly here be a commonlaw  redress give which no visitor can have a right to discuss and the specific  remedy be not to come from the bishop of Ely at least whatever it may be or  from whosoever it be to come they may go to a proper jurisdiction for it and  as to the case of Burton v Pegg perhaps the bishop of Ely be appoint visitor  by dr Berisford or the party concern may riot think proper to oppose or not be  able to oppose the bishop proceed however the submission of the college can  take away the right of the founder nor the right of this court nor give to the  bishop a right which he have not ill he as to Mod king et queen v the master  and fellow of sum John college and Skinner c S c dr gower case and Comberb SC  the return be not the dictum of the college and such general term be out of  the case and improper and the case of Middleton ux v cross be not applicable  the register of writ title prohibitiones pa be similar to this case as to the  be a commonlaw contract cum placita de one year old redditibus c c c ad our et  crown et rank our men specifically to stretch out c the visitor be bind by the  deed and he can have any pretence to proceed in this case until the covenant  be break and the college have incur the penalty burrow and of this the court  of commonlaw be to judge if both jurisdiction shall proceed together their  determination may direct clash therefore the commonlaw court will prohibit he  from proceed at all dr keton be a purchaser of these two fellowship and he  reserve a power of distress the requisite to his fellowship be be a chorister  of Southwell if c and have learning and moral if the college shall fail to  choose such person c they be subject to a forfeiture for which a distress may  be take this be the sanction annex and this be ail adequate remedy and upon  this deed the chapter of Southwell be only trustee for the candidate and they  will be answerable to he and this will subject the matter to the court of  chancery as a trust and may also subject it to this court as to grant a  mandamus to admit he and therefore though the bishop shall even be consider as  general visitor of the college yet this court will prohibit he from proceed in  this particular affair or at least give the college leave to declare in  prohibition this court will prohibit jurisdiction who be proceed without right  although they themselves can perhaps give a adequate remedy however here the  founder consider the distress as ail adequate remedy they conclude with say  that they only desire leave to declare in prohibition not a absolute  prohibition Mr just foster say he have not see bishop fisher statute which  though now repeal be yet in force at the time of this annex foundation and  they be say to restrain the bishop from exercise any power relate to the  election of fellow now that may deserve consideration though these statute  shall be now expire for they be understand to be in force at that time when dr  keton make his foundation on the day follow videlicet Saturday that November  ld Mansfield say that upon look into the paper leave with he he find it  necessary towards come to a complete understanding either of the statute or of  the deed that the priorconstitution of the college antecedent to both shall be  lie before the court as both the deed and also queen Elizabeth statute express  refer to this prior constitution of the college and consequent must be in some  measure unintelligible and inexplicable unless it be also know what that prior  constitution be he propose therefore that the party shall in the best manner  they can lie this constitution before the court and that the case shall be  speak to again in the next term not by all the counsel argue it over again but  by only one counsel on each side who shall apply themselves to such conclusion  as may arise from such ante p post vide ante and burrow er p prior  constitution of the college and be applicable to queen Elizabeth statute or to  the deed of covenant burrow the case be accord adjourn till next term to be  then speak to by one counsel on each side on the prior constitution of the  college antecedent to dr Ketons annex foundation and deed and consequent to  queen Elizabeth statute likewise on this day Thursday d February this case be  again speak to by one counsel on each side Mr York solicitor general on the  part of the bishop and Mr Todington make three question videlicet saint  whether the bishop be not as extensive a visitor under the old constitution as  under the new dly whether the college be not bind by the acceptance of the new  statute dly whether dr Ketons fellowship be not bind by the acceptance of the  new statute as well as the rest of the college first he insist that the bishop  be as extensive and complete a visitor under the old statute as under the new  this he endeavour to make out from the old statute of the college and upon  these the question must depend Secondlythe college be bind by he acceptance of  the new statute ld MansfieldThe college will not most undoubted agitate that  question for if they do they must give up all their live c and all other  advantage that they claim under they Mr Norton on the part of the college  ready agree to this say that they shall not certain make a question of this  have act year under these new statute Mr solicitor general then proceed to his  three question Thirdlyhe insist that dr Ketons fellowship be bind by the new  statute as well as the rest of the college for as he have not give new statute  these fellowship be to be conduct and bind by the ordinary statute of the  college and the rather for that these fellow enjoy all privilege and come into  the seniority in the same manner as the rest of the fellow do burrow mr Norton  contra for the college this case stand over in order to see what be the state  of the college at the time when dr Ketons deed of covenant be make at which  time bishop fisher statute subsist the bishop of Ely be owner original of the  site of the college and as bishop of Ely be ordinary visitor of this place  from one or both of which circumstance they may possible set up a right of  visitation now bishop fisher statute profess mean to obviate any such  pretention and to prevent the bishop of Ely from claim a right of visitation  as general visitor of the college which position Mr Norton endeavour to prove  from bishop fisher statute and he say that if the statute be to be construe  otherwise it will occasion a clash of jurisdiction and the utmost confusion in  the college as to any power of visitation that the bishop of Ely may have at  commonlaw he say he do not mean to dispute that with they but as to the claim  of a general visitatorial power over the college he pray leave to declare in  prohibition that it may be solemnly determine upon record and that each side  may have a opportunity of appeal elsewhere if dissatisfy with the  determination of the court he strong contend that it be premature to determine  now whether the bishop of Ely have jurisdiction that there ought to be a rule  for the plaintiff to declare that such be the course of the court and it have  not be usual to examine the matter upon show cause after a declaration in  prohibition the whole will appear upon record be solemnly judge and the  judgement may be review upon a writ of error Lord ManfieldIf the party who  apply for a prohibition have a right to declare though the court shall see no  ground for the motion a rule to show cause why the prohibition shall not be  grant be to no purpose and hear counsel upon the sufficiency of that cause be  time misspend when the matter seem doubtful to the court upon a question of  fact or law the plaintiff have leave to declare that the party may have the  fact proper try by a jury or the law solemnly consider as in a cause burrow er  p when the court be clear of opinion that there be sufficient ground for the  prohibition the defendant have a right to put the plaintiff to declare that  his jurisdiction way not be take from he in a summary way where no burrow writ  of error will lie but if the court be clear of opinion that there be no ground  for a prohibition it ought to be deny without put the defendant to expense and  delay in the mean time the exercise of what appear to they a lawful  jurisdiction this denial be not conclusive to the plaintiff if there be no  jurisdiction the sentence will be a nullity and upon any attempt to execute or  enforce it the whole may be try in a action the plaintiff may also apply to  any other court in westminsterhall for a prohibition and take their opinion if  in case of this kind the court shall too easy yield to hang up the matter by  let the plaintiff declare in prohibition redress will come too late and cost  too much I be very desirous as there be no fact dispute to go full into the  argument now and if I see no ground to doubt of the bishop jurisdiction as  visitor to stop unnecessary delay vexation and expense the subjectmatter of  the complaint to the visitor be a competition for present maintenance and  education upon a eleemosynary foundation the cause of the contention be a  controvert election which be too apt to engage and animate the elector in  compassion to the candidate and for the peace of this learned body the dispute  ought not to be suffer to continue long than be absolute unavoidable if the  plaintiff may as of right demand to declare in prohibition the consequence  will be fatal in both university the college as here I e the majority which  determine the body will support the election they have make and may easy keep  the visitor off for year their public stock will be apply to defray the charge  in the mean time election of new fellow may come on their validity may depend  upon the right in dispute the election of master may come on great abuse in  such a state of confusion will natural creep in discipline can not be keep up  intestine heat and division will counteract the whole intention of the founder  the reason of a visitor will be destroy he be appoint and make absolute upon  this principle that in these society error of judgement the chance of  partiality or injustice be a less evil than the duration of contention but if  by dispute his jurisdiction without ground his exercise of it may be protract  as long as a cause can be keep up for delay by party who do not regard the  cost the member of every college in both university who complain of a injury  do must be burrow subject to both inconvenience first to the law delay in the  most deliberate method of judicial proceed and at last to the award of a  absolute judge in the most summary method of trial if we be clear that the  bishop have jurisdiction we shall do injustice in the present case and set a  bad precedent for keep up groundless strife if we do not discharge the rule  and therefore I think the merit shall be full go into now as to the merit the  first question be whether the bishop of el that be visitor of saint John  college as to the election of fellow and other officer for so be the  suggestion where the averment be that he be not visitor in that respect and  the master and senior fellow make the complaint the d question be whether  suppose he to have this power as to the fellow of the old foundation he have  also the like power as to the fellow of this new annex foundation of dr Ketons  the visitational power if proper exercise without expense or delay be useful  and convenient to college however be that as it may we must take it as it be  now establish by law and it be now settle and establish since the case of  Philips and bury in dom proc that the jurisdiction of the visitor be summary  and without appeal from it these foundation of college be to be consider in  two view videlicet as they be corporation and as they be eleemosynary as  eleemosynary they be the creature of the founder he may delegate his power  either general or special he may prescribe particular mode and manner vide Mod  and Skinner show p c c burrow er p as to the exercise of part of it if he make  a general visitor as by the general word visitator sit the person so  constitute have all incidental power but he may be restrain as to particular  instance the founder may appoint a special visitor for a particular purpose  and no far the founder may make a general visitor and yet appoint a inferior  particular power to be execute without go to the visitor in the first instance  burrow No technical precise form of word be necessary for the appointment of  either general or special visitor in a case before Lord Hardwicke on first  march attorney general v Talbot in chancery the chancellor of the university  be hold to be general visitor of Clarehall without express word of appointment  but it be imply from various branch of the visitatorial power be express give  to he from his have the interpretation of the statute and from a express  exclusion of the founder heir therefore it must be collect from the whole  purview of the statute consider together what power the founder mean to give  to the visitor under these general rule I will now consider the present case  as it stand upon the statute of this college the foundation of this college be  to be take as to this question from the statute of queen Elizabeth which be  the now govern constitution of this college these statute reserve to the crown  the legislative power so that the case of alter the statute be certain except  if such power be include in the office of visitor but where a body of statute  have be give by the founder I shall doubt extreme whether a visitor can alter  those statute or give new law whatever may have be the notion in former time  all other visitatorial power be give to the bishop of Ely by the statute and  principal by the d chap de election instructress the that de varying state to  explain and the first de visitatore for the rest of the statute be less clear  and explicit than these be as to the proof of this point his lordship then go  minutely through these three statute and show that they give the bishop of Ely  the general power of visitation which he specify in many instance and  particular in the word visit what college bishop Eliensibus to commit for  protection in the case of green v rutherforth in chancery d may upon so much  of these statute as be then show ld Hardwicke give his opinion that the bishop  of Ely be general visitor of this college but that he can not make new statute  and if he shall attempt it the jurisdiction will devolve to the king court as  in the king v bishop of Chester the case of Manchester college pasch the first  of his present majesty more statute be now show but nothing arise from they to  vary this construction nothing appear upon the old foundation or the other  statute to impeach this construction burrow the visitatorial power be almost  as strong give he by the old statute as by the new the difference be that in  the new statute the ambiguous clause in restraint of the bishop power towards  the end of the old statute de visitatore be omit what be there say do not  restrain the power of the bishop of Ely so strong as may at first sight appear  the meaning of the provision seem to be that he shall claim no right as a  cofounder though he be owner of the site but only act as in other college  where he be not founder and in college where he be not founder he may act  under power of visitation delegate to he however be the meaning as it may this  clause be total omit in queen Elizabeth statute this be not the case of  expulsion where the master and four senior fellow be to consent the power of  judge and give relief upon complaint and appeal be incident to the office of  general visitor and if this case relate to one of the old fellowship the  statute have lie the visitor under no restraint as to the mode and manner of  exercise it strange vide ante vide ante compare with burrow er p as general  visitor therefore of this college which I think clear the bishop be he will  certain have jurisdiction if this appeal relate to one of the old fellowship  which bring I to the second point whether the visitor of a old foundation have  the like power and jurisdiction over a new annex foundation as he have over  the old one it be a question of extent and consequence in this college there  be thirtytwo original fellowship and twentyseven upon annex foundation I find  that the general method of engraft fellowship be by indenture and with a  clause of distress apprehend that this method take its rise from the old tenor  by divine service which differ somewhat from tenor in frank almoigne where the  donor have a power of distress of common right when the service be certain but  this be only a conjecture I have procure information concern most of the  college in Oxford and Cambridge and I find that most of the old college in  both university consist and be make up less or more of ingraft fellowship  burrow and ingraft by indenture too and all these be consider as part of the  old body unless there be any particular exception by the term of the new  foundation there be a case that July of university college in Oxford find by  king Alfred where W of Durham afterward find two fellowship de neighbor  Dunelmiae birth a complaint be make to my Lord chancellor as general visitor  of the college in right of the king and it be determine against the college  yet W of Durham have in that case give no statute himself but these ingraft  fellowship be consider as subject to the general visitor of the old foundation  in that capacity Lord Hardwicke take cognizance and the college never make any  objection in the case of the attorneygeneral v Talbot which I mention before  the countess of Clare be foundress of Clarehall one freeman annex two  fellowship by indenture I do not observe there be any clause of distress in it  the contest be for one of these fellowship Lord Hardwicke hold that the  question belong to the general visitor of the college that new fellowship  ingraft must be subject to the jurisdiction and discipline exercise over the  original foundation in the case of dr green v rutherforth all which I mention  before both Lord Hardwicke and sir I strange express lie it down that new  ingraft fellowship if no statute be give by the founder of they must follow  the original foundation and be subject to the same discipline and judicature I  be satisfy that upon mature reflection the college will tremble at the  consequence of leave every election into any of these ingraft fellowship or  any other dispute concern they open to court of law and the expense and delay  attend suit in they I think clear that dr keton do so consider and intend that  his new annex foundation shall be subject to the old statute and constitution  of the college in case he himself shall happen to die without make any  ordinance by will or otherwise these fellow of his foundation be to be elect  as the other fellow and at the time limit by the statute they be to enjoy the  same liberty c as the other fellow the oath they be to take during the life of  dr keton to obey such statute and ordinance as shall be make by he be qualify  with this restriction so that the say statute shall be conformable with the  burrow statute of the foundress of the say college which necessary imply that  they be in the first place to obey the statute of the foundress of the college  he explain this by many other passage in the say indenture beside eastern  nomin the ingraft fellow become subject and liable to the jurisdiction of the  visitor over the fellow of the college these ingraft fellow be exact the same  as all the rest of the fellow except as to the money arise to they from the  new foundation and be entitle to all the like privilege as the old foundation  fellow be entitle to the objection to the bishop right of visit in the present  case arise from the power of distress here give for the forfeiture in case the  college do not observe certain term which be prescribe to they but several  other engraft fellowship be just in the same situation and therefore it will  go a great way in point of consequence if upon this ground we be to determine  they not to be part of the old foundation burrow er p these be provision to  visit to look upon and indeed the distress will be a very inadequate remedy to  the person injure nor be it even give to the person injure but to other person  so that it be manifest that this clause of distress give to the church of  Southwell ought not to take away the specific remedy fromthe person injure it  seem to I very clear that the bishop be as much judge of this complaint as if  it relate to one of the old fellowship and if it relate to one of the old  fellowship I think the jurisdiction of the bishop as visitor most evident  therefore I be of opinion that the cause show against this rule be sufficient  and it ought to be discharge Mr just denison concur in the whole with Lord  Mansfield he think clear that the bishop of Ely be general visitor except in  the instance particular except No particular technical word be necessary to  create a visitor and so be the opinion of the court in dr Snapes case h g b r  as well as in the case of Philips v bury and the main business of a visitor be  to interpret the statute burrow now this deed though with a clause of distress  can take away the authority of the visitor it be for another purpose and dr  keton never mean to exclude his scholar and fellow from the benefit of a  appeal which the other fellow of the college enjoy and his fellow be swear to  observe all the statute of the college the distress be very little more than  the form of the conveyance and it be give to the church of Southwell too but  sure it be not a adequate satisfaction to the reject fellow who have a right  to be elect into the fellowship the visitor have a right to the interpretation  of the statute and the ingraft fellow have a right to appeal to he and the  clause of distress do not take it away from he and there be no manner of  reason why the ingraft fellow shall not have the same privilege as the other  fellow have I be so clear about this matter that I think there be no reason  for suffer the party apply for the prohibition to declare in prohibition but  the rule ought to be discharge Mr just foster also concur he take particular  notice of the that chapter of queen Elizabeth statute about interpret what may  be ambiguous or obscure which statute he agree do reserve to the queen a power  to add or diminish reform interpret declare change alter or dispense c but the  doctrinal exhibition be express give to the bishop of Ely in the very same  statute and the college be thereby enjoin in virtue of their oath and under  penalty of perpetual amotion to obey his determination interpretation and  declaration he declare that he have no doubt that the general power of  visitation be give to the bishop and he say he see no inconsistency in the  statute as to the clause of distressthat will give no sort of adequate  satisfaction to this reject fellow who come for a specific remedy for the  injury do to he therefore he declare his concurrence with Lord Mansfield and  Mr justice denison and per cur unanimous the rule be discharge