bishop OF ely plaintiff richard Bentley defendant in error that February Mews  dig xiv see Philips v bury shower p c visitor of college be not tie up to any  particular form nor to be prohibit for irregularity in their proceed or  informality in their act but only for want of jurisdiction and therefore where  a visitor cite the master of a college to appear before he as special visitor  and afterward in a plea to a action of prohibition he insist on be general  visitor of the college this variance be hold not to be erroneous but be have  jurisdiction either in the one character or the other have a right to proceed  upon the citation Fitzherbert Gibb strange viner vol p can ground and rudiment  of law land equity can burn ecclesiastical law vol to edit p this writ of  error be bring upon a judgement give by the court of king bench in a action  upon a prohibition in which dr Bentley who sue as well upon the king account  as his own be plaintiff and the Lord bishop of Ely be defendant the  declaration set forth that Trinity college in Cambridge be find by king Henry  VIII by letter patent date the that of December in the that year of his reign  and be thereby incorporate by the name of the master fellow and scholar of the  holy and undivided Trinity within the town and university of Cambridge of the  foundation of king Henry VIII and be empower to purchase land and hereditament  with a save to the king his heir and successor among other thing of the right  to name the master from time to time as vacancy shall happen that queen  Elizabeth in the d year of her reign give certain statute to the say college  and particular the that statute entitle de instructress si res to drive out  removal quoniam capite heavy to some place sickness to labor ctera substantial  object membram vehemently likewise to shake solent on that account to cause to  stand to order ut si magister college brown er p in his duty to go very  heedless loose discovery to be or de shameful vitae ration or intemperate  esteem per vice magistruim mortal remains seven older man or per mayor parten  the dawn quorum knowledge quantum to be able in here re oneram as lord jesus  account To give back are cum omni smoothness restraint admonea who si hoc  modus advice non see emendaveri good luck similiter admonea sin autem nor tum  indeed resipueri vice magister remains older man well major pars the dawn  remember all men of visiting bishop Eliensi who pro tempore to be aperia who  et she carefully understand cum justice to bound pron  interrog  opinion  instructress without uIla appellation entirely to appear to will sub brown pna  loci Himself imperpetuum amittend porro si speech magister in person speech  visitor sometime to weigh et well de haerescos well to hurt grandeur crimine  well de A chief of the Jews usuria perjurio in person judge undertaking theft  remarkable homicide volunteer pollute adultery fornication dilapidatione will  do you much good college well de violation statutor the same well finally de  elsewhere to any place whatever similar things crimine remarkable in person  prediction visitor legitime intimacy to be without custom per the same vice  instructress duty instructress to bereave nor any ei appeal or any other law  remedy to let pass send all who in here causan to feel the pulse ineffective  be to will to decide Self facto the doctor then aver that he be and long have  be master of the say college and during his mastership have constant observe  the statute but that notwithstanding the bishop of Ely without any previous  admonition give he by the vice master and major part of the seven senior  fellow of the say college or any complaint make of he by the say vice master  and senior do about the d of April cause to be serve upon he a citation in the  follow word to the reverend Richard Bentley d d and master of the colldge of  the holy and undivided Trinity in the university of Cambridge by virtue of a  citation herewith show unto you under the seal of the right reverend father in  God Thomas by divine permission Lord bishop of Ely and as such visitor special  authorize and appoint by the that chapter of the statute give by queen  Elizabeth of bless memory to the say college to examine the master of the say  college for the time be of or concern certain crime or enormity mention or  express in the second member of the say that chapter I cite you to appear  before the say Lord bishop in the hall of his palace common call Ely house  situate in the parish of saint Andrew Holborn on Monday the that day of may in  this present year between the hour of three and five in the afternoon of the  same day then and there to answer to certain article and interrogatory touch  and concern the male administration of your office of master of the say  college and particular the dilapidate or waste the good and revenue of the say  college and violate the statute thereof which will be then object to you  before his say lordship as visitor of the master of the say college for the  time be at the promotion of Robert Johnson clerk bachelor in divinity and one  of the fellow of the say college and far to do and receive as to law and  justice shall appertain under pain of the law and contempt thereof Holman the  doctor further set forth that the bishop upon his appearance charge he with  diverse crime the preface of which charge be in these word in God nomin Amen  our Thomas permission of a god Eliensis bishop ac visitator specifically  assign sufficient authorize vigor statutor per elizabethan beat memory quondam  what celebrated royal power queen brown sub seal his great instructress  associate et scholar college sacrosanct indivisible the number three infra  university cantabrigiensem representatorum reference ad to weigh instructress  college predicti de super sin departure in good luck member heading Lent  speaker statutor to press out et mentionatis ad pronunciandum to decide de  super demonstration ejusdern instructress post examinationem Self habitan  flute Richardo Bentley sacrifice theology authoritative instructress today  college prediction full of joints capitula sive interrogatoria infrascripta  evil administration duty tui how instructress speech college criminaque  departure in prediction good luck member speech heading Lent statutor to say  before to press out mentionata especially dilapidationem will do you much good  et status et reditu sive proventionum speech college profanation statutor the  same per ten undertaking perpetrate tangent concernentia ex duty our men how  visitor prediction brown er p ad promotionem aweinspiring man roberti Johnson  clergyman sacrifice theology baccalaureate One e speech college associate  fallow object articula prout sequitur videlicet these article be set forth  verbatim in the declaration and in a appendix to the print case from whence  they be copy in the note subjoin see note p the declaration then object to the  articles that brown they be uncertain contain a charge of negligence only and  not violation of the statute within the meaning of the latter brown part of  the that statute of queen Elizabeth and therefore can not be proceed upon for  want of previous admonition brown that the fact charge be do by the  corporation and will therefore if punishable be punishable only by the general  visitor brown of the corporation who be the king and not the bishop of Ely but  that they be real not punishable at all because of brown the act of general  pardon of the that George I and the declaration conclude that notwithstanding  these thing be brown allege and the king writ of prohibition deliver to the  bishop yet he afterward proceed in order to condemn and deprive the brown  doctor of his office of master of the say college disinherison of the crown  and to the damage of he the say dr Bentley pound brown the bishop as to  proceed after prohibition deliver plead not guilty and thereupon issue be join  and then in order brown to obtain a writ of consultation he set forth that  king Edward VI give certain statute to this college which the college accept  and that among they be this statute brown de visitatore visitator bishop  Eliensis sit Omnes et one tam humilioris how altioris row to drive together et  de to make safe statute de brown true reverence personal care de superstition  papistica expellanda de honestate morum de re etian member of household et  household member to seek one pro size culpae to make straight to punish to  drive out who worthy et to honor pro svan excellence to praise ut college  honor et undatoris brown man stare to be able mandamus et to urge ut sidelitur  in here causan to put in motion sibique ante eye to put in limit judgment pro  raised platform Christ tantus sit omnibus de one factis et duty ratio To give  back the bishop then aver that neither he nor any of his predecessor bishop of  Ely have ever do any thing to destroy the visitatorial power arise to they  from this statute He then set forth several of the statute of queen Elizabeth  not mention in the declaration and aver the acceptance of those statute by the  college he then state the act of parliament make in the that year of queen  Elizabeth by which all lease make by college in which one three of the rend be  not reserve in corn be declare void and the corn so reserve be order to be  apply to the use of the college on pain of deprivation of the governor of the  college and all other consent to any misapplication That dr Bentley during all  the time of his mastership have misbehave himself and violate the statute of  which he the bishop be inform do as a visitor of the college and of dr Bentley  as master issue such citation and exhibit such article as be mention in the  declaration that the crime mention in those article be violation of the  statute within the statute de instructress si res to drive out removal in the  declaration set forth that the crime in the that and follow article be  dilapidation of the good of the college that all dilapidation be except out of  the general pardon and that there be not in that act any pardon of the  violation of college statute that dr Bentley do not endeavour to procure the  consent of the eight senior for punish the officer who be not punishable  without such consent That no particular punishment be appoint by the statute  for the crime object against dr Bentley but deprivation which can not be till  after conviction before the bishop of Ely that the matter say in the  declaration to be corporate act be real not so That before the prohibition the  that and d article be amend upon dr Bentley complaint That the bishop and not  the king be the general visitor of the college and the plea conclude with pray  the king writ of consultation dr Bentley by replication deny that the crime  allege against he be violation of the statute within the second part of the  statute de instructress si res to drive out removal and that any of the crime  in the that and follow article be dilapidation of the good of the college  within the second part of the last mention brown er p statute the doctor then  set forth the act of general pardon that of George I and insist on the benefit  thereof to this replication the bishop demurrer dr Bentley join in demurrer  and after several argument the court of king bench in Trinity term be please  to give judgement for dr Bentley that the prohibition shall stand whereupon  the bishop bring a writ of error in parliament to reverse this judgement and  on his behalf n fazakerley I Harper the general question brown be say to be  whether upon the whole matter the bishop appear to have a authority to proceed  upon the article or not the that chapter of the statute give by queen  Elizabeth to the college entitle de instructress si res to drive out removal  empower the bishop of Ely as visitor to proceed against the master for the  crime therein mention by the word squandering will do you much good et  profanation statutor college and the article upon which the bishop be proceed  amount plain to a charge of those crime as will appear when the nature of the  several fact which make up the charge be consider but upon the argument of  this matter in the court of king bench several objection be make I that  several of the matter charge in the article be pardon by the act of general  pardon Geo I two that many of the matter charge upon dr Bentley be do by he in  his corporate capacity and in conjunction with other of the corporation ought  to be consider as corporate act and therefore to be punish only by the general  visitor of the corporation which be the king and not the bishop of Ely III  that by the citation the doctor be to appear before the bishop as visitor of  the master special authorize and appoint by the that chapter of queen  Elizabeth statute whereas it appear by the defendant plea that a general  visitatorial power have be before grant by king Edward VI to the bishop of Ely  and consequent there be no visitatorial power remain in the crown for queen  Elizabeth to grant her grant can not enure as a appointment of a special  visitor of the master but it suppose the bishop already to be visitor to the  first of these objection it be answer that the act of general pardon extend  only to offence against the public law of the kingdom but not to offence  against the private statute of such particular society as college be and the  court of king bench be unanimous of this opinion to the second it be say that  suppose the bishop to be the special visitor of the master only yet if dr  Bentley have real concur in corporate act do against the statute he be certain  punishable for such concurrence and the proper person to punish he be his  visitor whether that visitor be the visitor of those who concur with he or not  and this be likewise the unanimous opinion of the court of king bench to the  last objection it be answer that suppose the bishop of Ely be first constitute  visitor by the that statute of king Edward VI yet the statute of queen  Elizabeth be good and the that of those statute have in it word sufficient of  themselves without the statute of king Edward to authorize he to proceed  against the master in a special manner the bishop may find such proceed on  which of those statute he think fit and as to be special visitor of the master  only the bishop do not suppose himself so but have the citation in question be  defective yet the appearance of dr Bentley upon it at the time and place  appoint will effectual have cure any mistake in the citation and if the bishop  in his visitatorial act have give a wrong account of the original of his  jurisdiction it brown be not apprehend that any such error can prejudice he  visitor not be tie up to any particular form nor to be prohibit for  irregularity in their proceed or informalities in their act but only for want  of jurisdiction now in the present case it appear upon the record that the  bishop have a jurisdiction to proceed against the doctor and indeed the  objection suppose it if therefore this prohibition shall be continue it can  not be for want if jurisdiction in the bishop but because the citation require  the doctor to appear before the bishop under a wrong description of his  authority whereas it be apprehend that the bishop have no occasion to mention  his authority at all he need not to have call himself visitor it will have  suffice that in fact he be so and dr Bentley have swear to the observation of  the statute of the college must have be presume to know who be the visitor set  over he by those statute for these reason it be conceive that the judgement  give by the court of king bench be erroneous and ought to be reverse on the  other side it be say p York t reeve W greaves that this be a mere brown er p  question of law arise upon the plead for the court of king bench find their  opinion upon a repugnancy or inconsistency between the citation issue by the  bishop against dr Bentley and the plea put in by the bishop to justify his  proceed and it be apprehend to be very plain that the bishop plea be  inconsistent with and a departure from his citation for the bishop in his  citation summon dr Bentley before he as a particular visitor special authorize  and appoint by the that chapter of the statute of queen Elizabeth to examine  the master of the college for certain crime or enormity mention or express in  the second member of that chapter and yet in his plea he insist that the  statute of king Edward VI be in force and that by the that of those statute  the bishop of Ely for the time be be appoint general visitor of this college  but if he real be so he can not be visitor special authorize by queen  Elizabeth to examine the master because the whole visitatorial power will have  be in he under king Edward statute and it be both repugnant and inconsistent  that queen Elizabeth can grant to he a part of that power the whole of which  he be possess of before unless it be true that the whole do not contain or be  not equal to all the part whether he real be general visitor or not be not  proper now in question but it must necessary be so take upon this record as  again the bishop himself he have plead that he be general visitor by king  Edward statute which if he have not plead and set forth on record the only  question will have be whether the article which he have admit be within his  enquiry a special visitor by the that chapter of queen Elizabeth statute since  he have cite dr Bentley as such but by his plea he insist on a different power  from that upon which he institute or issue the citation and a power total  inconsistent with it that in case of prohibition both party be in the nature  of brown plaintiff or actor and therefore if the plea do not support the same  kind of jurisdiction which be rely upon by the bishop in his citation that  citation and all proceed upon it will be illegal and a consultation ought to  go for the defendant can have a consultation to enable he to proceed on that  citation without entitle himself to it by his plea which the bishop have not  do in this case but have insist on another jurisdiction different from that  upon which his citation be find that this citation be the lead process and  sole basis of all the subsequent proceed below and if it be not show by the  bishop plea to have be warrant by a legal authority in its first issue  whatever be do pursuant to it be without jurisdiction and whatever  visitatorial power the bishop of Ely may be entitle to which be a distinct  question yet if by his own plea he have destroy that jurisdiction under which  the citation be ground the court of king bench can no more suffer he to act  under such a power than if he have none at all that the citation be likewise  ill find because the bishop of Ely be not appoint visitor by the that chapter  of queen Elizabeth statute there be no word of creation or constitution in  that chapter for the first branch of it refer to the power to be exercise by  the vice master and senior of admonish the master upon any neglect in the  execution of his duty and the next branch of it provide that in case such  admonition prove ineffectual they shall then lie the matter before the visitor  the bishop of Ely for the time be but these word can not possible confer any  original or new power and if the bishop have not a visitatorial power give he  by this statute whatever power of visitation he may otherwise have the  citation be whole find on this statute be illegal issue and therefore the  judgement of the court of king bench be clear right and ought to be affirm  with cost after hear counsel upon this writ of error on fifteen several day  and discuss the matter of the charge article by article and after hear the  judge upon the two follow question I suppose a action upon a prohibition bring  in the court of common plea and the plaintiff obtain a judgement for the  prohibition to stand and cost tax for he and a writ of error be bring in the  court of king bench which court reverse the judgement in part and affirm it as  to the rest whether the plaintiff in that case be entitle to cost and two  whether in the case in the question before state wherein the judgement be  reverse in part and affirm in part the cost be to be reduce or the whole to  stand and after great debate upon almost every part of the case the entire  order and judgement of the house be express in the follow word brown er p  whereas by virtue of his majesty writ of error returnable into the house of  lord in parliament assemble a record of the court of king bench be bring into  this high court brown the that day of February in the year of our Lord with  the transcript thereof wherein Thomas Lord bishop of Ely be plaintiff and  Richard Bentley doctor in divinity master of Trinity college in Cambridge  defendant in order to reverse a judgement give in the say court of king bench  in a action upon a prohibition in which the say dr Bentley who sue as well  upon his own as upon the king account be plaintiff and the say Lord bishop of  Ely defendant upon which say writ error be assign by the say bishop of Ely  aifd issue join by the say dr Bentley and counsel on both side have be hear  several day as well in the last as in this present session of parliament and  the judge have deliver their opinion in relation to matter of law to they  propose and due consideration and debate have be have of what be offer on  either side in this case it be order and adjudge by the lord spiritual and  temporal in parliament assemble that the say judgement give in the court of  king bench in a action upon a prohibition be and the same be hereby reverse  and it be hereby further order and adjudge thata consultation be and be hereby  grant with respect to the that article except as to these word in the latter  part thereof videlicet and suffer or permit the officer of the say college in  like manner to neglect the same touch which word the prohibition be to stand  and that a consultation be also grant with respect to the that that that that  that that that that that that that saint d d that that that that and saint  article but as to the that that that that that that that that that that that  saint d d that that that saint d d that that that that d d that that that that  that that that saint that that that d d and that article it be hereby further  order and adjudge that the prohibition do stand as to those article and it be  hereby further order that the plaintiff in error do pay or cause to be pay to  the defendant in error the sum of pound for his cost jour Vol p see note p  note brown imprimis we article and object to you the say dr Richard Bentley  that you the say dr Richard Bentley do know believe and have hear that queen  Elizabeth of bless memory former queen of this realm do by letter patent bear  date the that of the calends of April in the second year of her reign make  constitute appoint and ordain certain rule constitution or statute for the  good government order and discipline and for the better preservation of the  estate and administration of the revenue of the royal college of the holy and  undivided Trinity of the university of Cambridge of the foundation of king  Henry the that her father and the say statute be by her confirm under the  broad seal and receive and accept by the master fellow and scholar of the say  college et hoc to be be yes el object articula jointly separately de  whithersoever you please two item we article and object to you the say dr  Bentley that in and by the that chapter of the say statute the bishop of Ely  for the time be be appoint authorize and empower at any time to examine the  master of the say college upon and concern sundry great and enormous crime in  the latter member of such statute particular enumerate and express as in and  by the say statute now remain among the archive of the say college to which  the party proponent refer himself do and may appear et hoc to be et be yes  object articula ut above III item we article and object to you the say dr  Richard Bentley that you the say dr Richard Bentley be in and about the year  by a grant or letter patent from his late majesty king William the three  constitute and appoint master of the aforesaid coIlege of the holy and  undivided Trinity in Cambridge and be afterward duly admit master thereof and  have ever since possess and enjoy and do now possess and enjoy the say  mastership et hoc to be et be yes object articula ut above IV item we article  and object to you the say dr Richard Bentley that you the say dr Richard  Bentley do at the time of your admission into the mastership of the say  college take the oath enjoin and prescribe by the second of the say brown er p  statute of queen Elizabeth to be take by every master at and before his  admission into such mastership and that you then swear inter alian in the word  follow videlicet ego Richard Bentley a regius majestate magister what college  sanct indivisible trinitati devoted designate law a god testae promise ac  spondee primo I true Christ reverence omni mind amplexur etcetera then I in  all respects speech college priest farm prdia possession owner return outcome  jura freedom privileg in all respects finally good without imminutione or  vastation quantum in I thirst to be to retain to cause to stand college in  omnibus to make safe eaden veer sincere in all respects secundum feeling  grammaticales to explain all men brown one sociqs student pensionarios  sisatores subsisatores etcetera college membram ex the same statute ac law  without any noble birth or creating or a mask looking back agreeableness  odiove rectur defensur and ut officiarij omqies associate ac student ceteraque  college abiero well jure ac legitime disowned son fuero I in all respects  college good quce in med potestate custodidve are or be to withhold vice  instructress dean thesaurarijs collegil well statin si id commode become to be  able well intra quindecim die without turning against tergiversation or  aliquan the same diminution To give back et si how money top id time college  debuer obside sufficient to hand over vicemagistro the college associate  scholar de temple money inside ante that which divides three a month proxime  sequence to take apart no one lawsuit actionemve college or his who I legitime  abdicaveru she de causan unquan in descendants to aim hc in all respects in I  keep back deoque testae I pro manly creation to hold forth as I Deus animate  hc sacrosanct God Good news et hoe to be be yes etcetera et object articula ut  above V item we article and object to you the say dr Richard Bentley that you  have ever since such your admission to the mastership live and act in open  violation of many of the say rule and constitution or statute so make and  provide for the good government of the say college and in breach of the oath  so as aforesaid by you take et object articula ut above VI item we article and  object to you the say dr Richard Bentley that by the second chapter of the say  statute it be inter alian ordain and provide that the master of the say  college for the time be shall be a person no less eminent above other member  of the say college for his piety and integrity of life than he be superior to  they by the dignity of his place notwithstanding which you the say dr Bentley  have for more than twenty year pass in violation of the say statute and in  breach of your say oath live a very irreligious life and notorious neglect the  public worship of God and more particular by constant and habitual absent  yourself from divine service in the chapel of the say college at the usual  hour of morning and evening prayer and suffer or permit the officer of the say  college in the like manner to neglect the same et object articula de  whithersoever you please elsewhere time interval etcetera el ut above VII item  we article and object to you the say dr Richard Bentley that you have for  several year successive elect and by arbitrary method procure several person  to be elect Vicemasters of the say college notwithstanding that such  Vicemasters do not at any time in the first year of their be Vicemaster nor in  any of the follow year attend the public worship of God in the chapel of the  say college at the usual hour of prayer in the morning as by the statute they  ought to have do and that you the say dr Bentley have from time to time and at  all time suffer such open neglect of duty in the say Vicemasters to pass  without censure and unpunished in violation of the say statute of the say  college and of the oath so as aforesaid by you take et hoc to be be yes  etcetera et object et articula etcetera et ut above VIII item we article and  object to you the say dr Richard Bentley that by the first of the say statute  it be provide that there shall be four person in order of priesthood to serve  as chaplain daily in the chapel of the say coIlege as by the say statute  reference be thereunto have will more full appear et object articula ut above  IX item we article and object to you the say dr Richard Bentley that ever  since you have be master of the say college the person appoint to be chaplain  thereof have be allow by you to be nonresident and absent from the say college  and to enjoy and reside upon live and other benefice in place very distant and  brown er p remote from the say college and that not any of the say chaplain  have at any time be call upon by you the say dr Bentley to reside there or  censure by you for such their nonresidence et hoc to be be yes etcetera et ut  above X item we article and object to you the say dr Richard Bentley that by  the eleven of the say statute it be ordain and provide that there shall be a  lecture read upon some part of the catechism on every Sunday and holiday in  the chapel of the say college after the public sermon in the afternoon and by  such statute five or six of the fellow ought to be appoint to perform that  religious and important duty and from the time of make the say statute the  name of the several fellow appoint to read such lecture have be enter in the  book call the conclusion book or some other book belong to the college and  that out of the number of those who have be so appoint and go through a course  of such lecture the college preacher ought to be choose by the master and  eight senior fellow when and so often as any vacancy shall happen brown among  they as by the say statute reference be thereunto have will more full appear  et ut above XI item we article and object to you the say dr Richard Bentley  that for twenty year pass and upward you have not only neglect but absolute  refuse though often call upon and require so to do to appoint or fill up the  prescribe number of fellow to read the say lecture so that the same have be  frequent interrupt neglect and discontinue for many month and sometime for  whole year together et object articula de whithersoever you please elsewhere  time interval etcetera et ut above XII item we article and object to you the  say dr Richard Bentley that more particular on or about the d day of April  there be then several vacancy in the prescribe number of fellow to read the  say lecture it be at a public meeting of member of the say college that day  hold propose to you the say dr Bentley by one of the senior fellow then  present and the rest of the senior fellow of the say college do then earnest  desire of you that such vacancy may be supply and fill up and a listen of  several learned and worthy fellow of the say college well fit and qualify to  read those lecture particular Mr mall Mr Craister and other be then offer to  you the say dr Bentley for that purpose but that you the say dr Bentley  absolute refuse to name or allow of nor do you name or allow of any other  person to perform that laudable and necessary exercise but with great contempt  and disdain tell they it be nonsense to talk of put up five person to  catechise at the same time or to that effect hocque etcetera et object  articula de whithersoever you please elsewhere tempore etcetera et ut above  XIII item we article and object to you the say dr Richard Bentley that soon  after the premise in the next precedent article mention the aforesaid Mr mall  and Mr Craister several time wait upon you and earnest desire and entreat you  that they may have leave to read the lecture upon the catechism accord to and  in pursuance of the say statute in order to their be statutably capable of be  elect college preacher but you absolute refuse they and turn they away from  you with great rudeness and ill manner and the say Mr Craister wait upon you  at another time with the like request you the say dr Bentley refuse he and  take he by the shoulder and thrust he out of the door hocque etcetera et ut  above XIV item we article and object to you the say dr Richard Bentley that  when any vacancy have happen among the college preacher you the say dr Bentley  have refuse though often call upon and require so to do to call the eight  senior fellow together within the time prescribe by the say eleven statute of  queen Elizabeth so that there have be very frequent several vacancy of college  preacher at one time and some year there be seven and in other year there be  nine place of college preacher vacant together to the great prejudice and  discouragement of such of the fellow of the say college as be capable of be  and ought to have be elect into such vacancy hocque etcetera et object  articula de quibuslibet other ainis et ut above XV item we article and object  to you the say dr Richard Bentley that by the that of the say statute it be  ordain and provide that when any live in the gift and presentation of the  college shall become vacant that the same shall within one month after notice  of such vacancy without further delay be confer brown er p upon such fellow of  the college as shall be the then senior by degree as by the statute to which  the party proponent refer will appear et ut above XVI item we article and  object to you the say dr Richard Bentley that you the say dr Bentley in  violation of the say statute and in breach of your say oath have frequent when  live in the gift of the college have become vacant for private purpose of your  own and in order to carry on your evil practice mention in these article  unstatutable delay and deny to join in present such senior as have be then  statutably qualify to take and hold such live or any other person whatever  thereto till more than five month have pass from the notice of such vacancy  hocque etcetera et object articula de whithersoever you please elsewhere time  interval etcetera et ut above XVII item we article and object to you the say  dr Richard Bentley that by the say that statute of queen Elizabeth it be  further appoint that every fellow of the say college before he can be choose a  college preacher shall preach a sermon before the master for the time be and  the fellow and scholar of the say college and such sermon ought to be approve  by the master and four senior fellow of the say college et ut above XVIII item  we article and object to you the say dr Richard Bentley that you have not for  twenty year last pass be present to hear any one of the say probation brown  sermon save and except on the d day of August be on a Sunday when Mr Barnwell  preach and on that day you do not come into the chapel till the communion  service be begin but you the say dr Bentley have frequent and with great scorn  declare that you approve and disapprove of such sermon as you be not present  at by report only and that you do so by Mr whitfield and Mr bouquet sermon in  particular hocque etcetera et object articula de whithersoever you please  elsewhere numero annerum etcetera et de whithersoever you please elsewhere  tempore etcetera et ut above nineteen item we article and object to you the  say dr Richard Bentley that by the that chapter of the say statute it be order  and provide that in every week of each term appoint by the statute of the  university there shall be three disputation in the college chapel videlicet  one on Monday in philosophy at which the head lecturer be to preside another  on Wednesday in philosophy or divinity at which the junior dean be to preside  and another on Friday in divinity only at which the senior dean be to preside  and moderate and that each of such disputation be to continue for the space of  two hour between one respondent and three opponent on which every fellow and  scholar be to perform his part in turn in person as appoint unless excuse on  some weighty cause to be allow of by the master and dean of the say college  and in such case the person so excuse may appoint a substitute to dispute in  his stead but be oblige in person to perform the like duty as soon as the  cause on which he be excuse be remove or cease et ut above twenty item we  article and object to you the say dr Richard Bentley that you have for these  twenty year pass total elude the force and effect of and have violate the say  statute as be hereafter mention videlicet first by direct and appoint that the  term in the college shall begin much late and end soon than the term in the  public university begin and end and by such your appointment the term in the  college have very frequent not last more than half the public term second by  suffer the disputation on Monday and Wednesday to be total discontinue and on  those day the respondent read a thesis only and no opponent ever appear to  dispute and this through your wilful neglect three by allow the disputation in  divinity on Friday to be perform by a respondent and one opponent only and  this exercise be seldom or never perform more than once in each term and  sometime not at all and this through your wilful neglect fourthly by allow the  fellow and scholar of the say college without any weighty cause or good and  sufficient reason to appoint substitute to perform their exercise and not  require they when such pretend cause be remove or cease to perform the same in  person and by reason of this last mention neglect in you there be not now nor  for many year have be above five of the fellow of the say college at one time  who have regular and statutably bear any part in the public disputation either  as respondent or opponent hocque etcetera et object articula de whithersoever  you please elsewhere time interval etcetera et ut above brown er p XXI item we  further article and object to you the say dr Richard Bentley that by the last  mention statute it be further appoint and provide that on every Tuesday  Thursday and Friday there shall be disputation hold in the hall of the say  college in rhetoric and logic by the senior sophist and other and that the  head lecturer and the other lecturer shall preside thereat in their turn and  by the that statute of the say queen it be likewise ordain and provide that  the head lecturer shall take care that the sublecturers under he perform their  respective duty diligent and faithful and by the same statute it be further  appoint that the say lecturer shall go at least once in every week to each  class and examine each of the scholar of the say college to know what  proficiency they have respective make from time to time as by the say several  statute to which the party proponent refer will appear et ut above XXII item  we article and object to you the say dr Bentley that at the time appoint for  the election of lecturer and other officer of the say college in the year you  the say dr Bentley propose one of the fellow to be head lecturer and one other  of the fellow to be Latin lecturer for the succeed year and although one of  the senior follow of the say college then object thereto on account that both  the say fellow so propose by you have total neglect the duty of their  respective office in the precede year you reply as you have frequent do that  such objection concern the time pass only and then you ask if they meaning the  aforesaid fellow so propose by you to those office be not to take the oath  meaning the oath require by the statute for the due discharge of their  respective office and thereupon you the say dr Bentley immediate with your own  hand write down the name of the say two fellow who you have so propose as  appoint to such office and that neither of the say fellow so as aforesaid  appoint to those office do during that whole year perform any part of brown  the duty incumbent upon they nor have they at anytime be censure or punish by  you for such their neglect hocque etcetera et object articula de whithersoever  you please elsewhere tempore etcetera et ut above XXIII item we article and  object to you the say dr Richard Bentley that by the saint of the say statute  it be order and appoint that the several gate of the college shall be open and  shut by the porter at certain hour therein mention and that at night when all  the gate be shut the key shall be carry to the master and in his absence to  the vicemaster and deposit with he and the porter be oblige personal to  perform that duty as by the say statute to which the party proponent refer  will appear et ut above XXIV item we article and object to you the say dr  Richard Bentley that in violation of the say statute and contrary to the true  intent and meaning thereof the key of the college have not at any time during  these twenty year pass be bring by the porter and deposit with you the master  as by the say statute they ought to be by which mean all manner of person as  well member of the say college as other be at liberty to and frequent do go in  and out of the college gate at all hour of the night and they college porter  do not officiate in that duty himself but be with your privity and consent  allow to act by a deputy who have no salary or other consideration for do that  duty but only the money give by such person as make a practice of go in and  out of the college gate at such unstatutable and unseasonable hour of all  which you have be inform and have have notice hocque etcetera et object  articula de whithersoever you please elsewhere numero a year etcetera et ut  above XXV item we article and object to you the say dr Richard Bentley that by  the three of the statute it be ordain and provide that when any one of the  eight senior fellow go out of the say college he shall substitute the fellow  who be next in seniority to the eight and not before depute by another to act  for he in his absence and shall enter such depute fellow be name in the  registry of the say college et ut above XXVI item we article and object to you  the say dr Richard Bentley that you the say dr Bentley in breach of your say  oath and in violation of the say last mention statute have all along suffer  such of the eight senior as have occasion to be absent from the say college to  depart from thence without appoint any substitute or enter the name of any  substitute upon the register book and you brown er p have very often call  junior fellow of the say college who to your knowledge be not depute by any of  the senior and who by their stand and distance from the seniority to your  knowledge be not capable of be depute or of transact any of the affair of the  say college to make conclusion and to do other business which by the say  statute ought to be transact by the master and eight senior fellow or by their  statutable deputy only and by no other fellow whatsoever and such their  conclusion act and do have be constant enter by you or by your order in a book  keep for that purpose as the act of the master and eight senior fellow of the  say college et hoc to be be yes etcetera et ut above XXVII item we article and  object to you the say dr Richard Bentley that by the that of queen Elizabeth  say statute it be order and provide that the public seal of the say college  shall not at any time be affix to any instrument or write whatsoever but in  the chapel and in the presence of the eight senior fellow of the say college  and of the eight other fellow next immediate in seniority to they and that  unless eight of that number shall agree with the master to the affix the say  seal to any write or instrument it shall not be affix thereto as by the say  statute to which the party proponent refer will appear et ut above xxviii item  we article and object to you the say dr Richard Bentley that you the say dr  Bentley in breach of your say oath and in violation of the say statute have  frequent cause the public seal of the say college to be affix to write and  instrument of great moment and concern when there have not be sixteen fellow  meet together for that purpose more particular as in the follow article be  mention et ut above XXIX item we article and object to you the say dr Richard  Bentley that some time in the year you the say dr Bentley cause or suffer the  say college seal to be affix or put to a certain write or instrument enable  one John ken or some other person in behalf of the say college to make seizure  of a certain quantity of hay in the parish of over in the county of Cambridge  in order to commence a lawsuit with the say parish when no more than thirteen  of the fellow of the say college have be assemble together in the chapel and  part of that number videlicet dr ayloffe Mr barn and other withdraw from the  chapel before the seal be so affix and put to such write or brown instrument  and refuse to give their consent thereto hocque etcetera et object articula de  whithersoever you please elsewhere tempore etcetera et ut above thirty item we  article and object to you the say dr Richard Bentley that on the that day of  August last pass you the say dr Bentley in further breach of your say oath and  violation of the say statute do cause and procure the public seal of the say  college to be affix and put to a write purport a petition of the master fellow  and scholar of the say college to the king most excellent majesty at the seal  whereof five of the eight senior fellow be absent from the say college and  have not depute any other of the fellow to act in their stead and two only of  the three senior who be then present be consent thereto and most of the rest  of the fellow then present be junior fellow not depute nor by their seniority  capable of be depute to transact any of the affair of the say college but be  purposely send for by you to be present thereat although there be several  fellow at that time in the college who be of much long stand than many of  those present and the whole number of fellow present be fifteen only et hoc to  be be yes etcetera et object et articula de whithersoever you please elsewhere  tempore etcetera et ut above XXXI item we article and object to you the say dr  Richard Bentley that by the thirteenth of the say statute it be appoint that  no student whatsoever who be in possession of or heir apparent to any land  after the death of his father exceed the sum or rend of ten pound a year shall  be allow to appear as a candidate at the usual time of election of scholar  into vacant scholarship of the say college for any such vacant scholarship as  by the say statute to which the party proponent refer will appear et object  articula ut above XXXII item we article and object to you the say dr Richard  Bentley that in the year there be many scholarship of the say college then  vacant you the say dr Bentley at the usual time of election of scholar into  such vacant scholarship in the say year in breach of your say oath and  violation of the say statute brown er p do permit and suffer one Andrew  Hackett who be then heir apparent to a estate in land of more than the yearly  rend of pound sterling to appear as a candidate at the say election for one of  the say vacant fellowship and although it be then object to you that the say  Mr Hackett be by reason of his be heir apparent to such a estate incapacitate  from be a candidate yet you do not only overrule such objection but do give  your vote and procure he the say Andrew Hackett to be choose a scholar into  one of the say vacant scholarship and do afterward admit or procure or suffer  he to be admit into such vacant scholarship by virtue of such election et  object articula de whithersoever you please elsewhere tempore etcetera et ut  above XXXIII item we article and object to you the say dr Richard Bentley that  by the twelve chapter of the say statute it be order and provide that all such  scholar of the say college as have complete the degree of bachelor of art and  such only shall have a right to become candidate at every election of fellow  of the say college notwithstanding which you the say dr Bentley in breach of  your say oath and violation of the say statute do at the election of fellow of  the college in the year allow your own son Richard Bentley although he have  not to your knowledge at that time complete his degree of bachelor in art to  stand a candidate for a vacant fellowship of the say college and the say  Richard Bentley be then elect into one of the fellowship of the say college  then vacant hocque etcetera et object et articula de whithersoever you please  elsewhere tempore etcetera et ut above XXXIV item we article and object to you  the say dr Bentley that both before and ever since the say year you the say dr  Bentley in further violation of the statute have not suffer nor will suffer  any person whatsoever to stand as candidate for vacant fellowship of the say  college save bachelor of art of the three year only whereby great number of  other bachelor who have complete their degree be every year hinder or prevent  from stand or offer themselves to stand as candidate for such fellowship  hocque etcetera et ut above xxxv item we article and object to you the say dr  Richard Bentley that by the oath take by you at your admission to be master of  the say college you be oblige to preserve the whole estate of the say college  and every part thereof from all waste and diminution and for the better  preservation of the estate and possession of the say college it be by the that  chapter of the say statute special ordain and provide that the master and  Vicemaster the senior bursar and one other of the fellow who be a preacher for  the time be shall every year diligent visit and survey the college estate in  such manner that all the several estate may be visit and survey once in three  year but no such progress as require by the say statute have at any time be  make brown either by you the say dr Bentley yourself or by the Vicemaster  senior bursar and one of the fellow of the say college for the time be since  you the say dr Bentley have be admit into the mastership thereof neither have  you at any time since your be master of the say college call upon or require  the Vicemaster senior bursar or any of the fellow for the time be to proceed  on such progress or circuit but you have be wilful negligent in the premise  hocque etcetera et ut above XXXVI item we article and object to you the say dr  Richard Bentley that for want of such progress as be require by the last  mention statute the improve value of the estate belong to the say college be  not certain know and several lease have be let by your evil contrivance for  much lesser fine than may have be reasonable demand for the same and more  particular in the year a lease of a large house call massam house in the city  of York together with several tenement thereto belong be all part of the  estate of the say college and in very good condition and repair and of the  yearly value of more than pound sterling be by your fraud and contrivance make  and grant to your brother James Bentley for twenty year then to come for the  fine or sum of pound only and no more and he the say James Bentley be by a  covenant in the say lease allow to receive and take to his own use the arrear  of the improve rend of the say house and tenement which have accrue to the say  college from the expiration of the former lease and which then amount to the  sum of pound and upward hocque etcetera et object articula de whithersoever  you please elsewhere tempore et de quibuslibet other valour well summa  etcetera et ut above brown er p XXXVII item we article and object to you the  say dr Richard Bentley that in the year upon the surrender of the say lease so  as aforesaid grant to the say James Bentley a new lease of the same house and  tenement be by your privity and contrivance make and grant to Priscilla  Bentley for the like term of twenty year for a fine of twenty pound only  although the say house and tenement have be actual survey by the say James  Bentley and the real value thereof certain know to you the say dr Bentley  before and at the grant each of the say lease hocque etcetera objicimus et  articula de quibuslibet other tempore summa etcetera et ut above XXXVIII item  we article and object to you the say dr Richard Bentley that notwithstanding  the statute of the say college severe do forbid the alienation of any part of  the estate of the say college yet you the say dr Bentley in violation thereof  and in breach of your say oath do in the year by your own sole authority and  without the consent of the eight senior fellow of the say college bargain and  agree to alienate a piece of enclose ground belong to the say college situate  in the parish of Kirby Kendal in the county of Westmoreland and a indenture  bear date the d of December be by your privity procurement and direction some  time in the month of June prepare and bring into the chapel of the say college  ready to be seal whereby the say piece of enclose ground be absolute sell and  grant to one Josiah Lambert and to his heir for ever reserve only four  shilling per and rend to the use of the say college hocque etcetera et object  et articula de whithersoever you please elsewhere tempore etcetera et ut above  XXXIX item we article and object to you the say dr Richard Bentley that upon  read of such indenture in the chapel of the say college the time  aforementioned in the presence of the sixteen senior fellow of the say college  they all unanimous refuse to affix the seal of the say college thereto as be  contrary to the that of the statute of the say college so make and provide by  the say queen Elizabeth hocque etcetera et ut above XL item we article and  object to you the say dr Richard Bentley that some time after the premise in  the next precedent article mention you the say dr Bentley cause the  beforementioned indenture with several rasure interlineation and obliterations  make therein to be again bring into the chapel in order to have the public  seal affix thereto but the same be again unanimous reject by all the sixteen  senior fellow who be then assemble together and at such time you the say dr  Bentley send a threaten message to the say sixteen senior so assemble that in  case they persist in refuse to affix the college seal to such indenture you  will not suffer several lease of other estate belong to the say college and  for which the fine have be actual pay or agree to be pay to be seal but  notwithstanding such your threat the say sixteen senior do again refuse to  comply with such your illegal and unjust desire hocque etcetera et behind ut  above xli item we article and object to you the say dr Richard Bentley that  notwithstanding the premise you do on or about the that day of November in  breach of your say oath and in violation of the say statute procure the public  seal of the say college to be affix and put to the aforementioned indenture of  bargain and sale and brown alienation of the say piece of ground and the say  estate be thereby whole alienate from the say college for ever et hoc to be be  yes object articula de whithersoever you please elsewhere tempore etcetera et  ut above XLII item we article and object to you the say dr Richard Bentley  that you have at several time since your be master of the say college make and  cause several lease to be make of tithe arable land meadow and pasture belong  to the say college without reserve one entire three part or any part of the  rend to be aid in corn or in money accord to the market price of corn and more  particular in the year a lease of the parsonage of swine head together with  the rectory or free chapel of Barthorp in the county of Lincoln part of the  estate of the say college be by your mean and procurement make and grant to  one William whiting for and at the certain yearly rend of pound without any  reserve of rend to be pay in wheat or malt or money accord to the market price  thereof and the sum of pound be then take as a fine for the grant thereof  hocque etcetera et object articula de whithersoever you please elsewhere  tempore valour well summa etcetera et ut above brown er p XLIII item we  article and object to you the say dr Richard Bentley that you have frequent  since your be master of the say college make and cause several lease of estate  belong to the say college to be make and grant to several person wherein the  price of corn have be fix at one certain set rate for and during the whole  term of such lease grant and a covenant make with such person that they shall  pay their corn rend at one and the same rate and price during the whole term  of such lease as hereafter be mention whereby the whole rend Payable for such  estate have be reduce to one certain annual sum of money notwithstanding that  it be at all such time object to by several of the fellow then present that  such covenant and reservation of abatement be contrary to the true intent and  meaning of the statute and a great diminution of the proper income of the  college hocque etcetera et ut above XLIV item we article and object to you the  say dr Richard Bentley that you do on or about the that day of October make  and grant a lease of a tenement close pasture and right of common in shallow  in the county of Lincoln part of the estate of the say college for the term of  twenty year to Charles Firebrass esquire in which lease a three part of the  rend Payable for the same be reserve to be pay in wheat and do cause or  procure a clause or covenant to be insert in such lease whereby it be agree  that it shall and may be lawful for the say Charles Firebrass to defalk and  abate during the whole term of such lease so much out of the proportion of  rend to be pay in money accord to the market price of wheat as the price of  wheat shall on the market day next before such rend shall become due and  Payable exceed S d per bushel and that several lease of the same estate with  the same clause and covenant therein insert have since the surrender or  expiration of the say former lease be make and grant by your mean and  procurement to the say Charles Firebrass esquire and other hocque etcetera et  object articula de whithersoever you please elsewhere tempore well summa  etcetera et ut above XLV item we article and object to you the say dr Richard  Bentley that you do on or about the that day of November cause or procure a  lease of the tithe of corn belong to the rectory of Kirby Kendal in  Westmoreland part of the estate of the say college but bear date at or about  Christmas to be make and grant to Josiah Lambert for a term of twenty year in  which lease a three part of the rend Payable for the say tithe be reserve to  be pay in corn videlicet in fifteen quarter of wheat and quarter of malt and  that you the say dr Bentley do cause or procure a covenant to be insert in  such lease whereby it be and be agree that the say Josiah Lambert shall and  may during the whole term of such lease defalk and abate out of the proportion  of rend to be pay in money accord to the market price of corn on the market  day next before such rend shall become due and Payable so much money as the  price of wheat shall exceed pound S and half a farthing per quarter and so  much out of the price of malt as shall exceed S d per quarter whereby you  reduce and set the price of wheat to S d per bushel and the price of malt to S  d per bushel and not more hocque etcetera et object et articula de quibuslibet  other tempore valour summa et ut above XLVI item we article and object to you  the say dr Richard Bentley that you do some time in the year cause procure or  suffer the say lastmentioned lease to be renew and grant to the say Josiah  Lambert with the same covenant and condition and with the same power of  defalcation and abatement as be grant by the say former lease and a fine of  pound be then have and take as a consideration for the brown renewal thereof  hocque etcetera et object articula de whithersoever you please elsewhere  tempore well summa etcetera et ut above XLVII item we article and object to  you the say dr Richard Bentley that on or about the d day of November you do  for and in consideration of a fine of pound likewise cause or procure a lease  to be make and grant to the say Josiah Lambert and other of the rectory of  Aisgarth in the county of York also part of the estate of the say college for  the term of twenty year and the three part of the rend Payable by such lease  for the same be therein reserve to be pay in corn videlicet one quarter of  wheat and quarter of malt notwithstanding which you the say dr Bentley do  cause or procure a clause or covenant to be insert in such lease whereby it be  and be agree that the say lessee shall and may during the whole brown er p  term of such lease defalcate and abate out of the proportion of rend to be pay  in money accord to the market price of corn on the market day next before such  rend shall become due and Payable so much money as the price of wheat shall  exceed S d the quarter which be after the rate of d per bushel and not more  and as the price of malt shall exceed S per quarter which be after the rate of  d the bushel and not more hocque etcetera objicimus et articula de quiet other  tempore price valour well summa etcetera et ut above XLVIII item we further  article and object to you the say dr Richard Bentley that by settle and  ascertain the price of corn at certain and fix rate in manner as in the  precede article be mention you have great waste impair and diminish the yearly  revenue of the say college and alienate so much of those revenue as the common  and ordinary market price of corn shall exceed the rate by you so set as  aforesaid and particular by fix the price of the corn rend for the lease of  Kirby Kendal and Aisgarth at the rate in the two next precedent article  mention you have thereby lessen the yearly revenue of the say college to the  amount or value of pound per and or thereabouts and thereby violate the that  of the say statute of queen Elizabeth and incur the horrid gild of wilful  perjury et hoc to be be yes etcetera et object articula de quiet alian summa  etcetera et ut above XLIX item we article and object to you the say dr Richard  Bentley that on the that day of September be the market day in Cambridge on  which the price of corn to be pay to the college for rend for the precede half  year be to be settle you the say dr Bentley do order and cause your bailiff  John ken to bring from saint Ives a quarter or some other quantity of wheat  into the market of Cambridge that day and do likewise fraudulent invite and  procure one rule a farmer then live at Rampton in the county of Cambridge to  bring the same day into the say market a like parcel of wheat and promise the  say rule that the say wheat shall be buy of he at the rate of S the bushel and  you the say dr Bentley do oblige and compel one William porter the college  butler to buy and the say William porter do accord on that day buy of they the  say ken and rule for the use of the say college all the wheat so by they bring  into Cambridge market that day at the aforesaid price of S the bushel although  the current and common price of the best wheat in the say market on that day  be but S d and in the best and high price thereof be but S d and not more  hocque etcetera et object articula de whithersoever you please elsewhere  tempore price valour well summa etcetera et ut above l item we likewise  article and object to you the say dr Richard Bentley that you do on the say  that day of September cause the say John ken your bailiff to bring a load of  malt into Cambridge and carry it to the college brewhouse without go into the  market and do oblige one barant the then college brewer to take the same off  his hand and to take it at the rate or price of pound S per quarter although  the high price of malt sell in the say market that day be but pound S per  quarter and not more hocque etcetera et object articula de whithersoever you  please elsewhere price etcetera et ut above l item we article and object to  you the say dr Richard Bentley that you have by the article aforesaid raise  the price of wheat and malt so much above the real value as in the next  precede article be mention do soon after Michaelmas and before the ladyday  follow cause great quantity of your own tithe wheat and barley malt to be sell  at the college bakehouse and brewhouse at the extravagant price of S a quarter  for wheat and S a quarter for malt and do oblige all the college tenant to pay  their wheat rend due for the precede half year accord to such prince of S a  quarter and do in the succeed year and oblige the college officer to take off  about one hundred quarter of your own damage malt and great quantity of your  own tithe wheat at prince far exceed the market price upon the respective  market day hocque etcetera et ut above brown lii item we article and object to  you the say dr Richard Bentley that you have frequent since your be admit  master of the say college in breach of your say oath and in violation of  several of the statute of the say college unnecessary and profuse waste and  expend several great and excessive sum of money part of the common stock of  the say college and particular in some few year after brown er p your be make  master of the say college you do expend or lie out near upon the sum of pound  of the college stock in alter fit up beautify and improve the lodge belong to  you as master which be then in very good condition and repair and in no need  of any such reparation and improvement and since that time and particular  since the year or you have over and above the say sum of pound exorbitant and  unnecessary lie out and expend many other large sum of money out of the  college stock in make many other unnecessary and superfluous additional  building thereto and in other extravagance particular by cause a double vault  cellar to be make or sink in your back yard for keep your wine cool by order  and cause your garden to be lie out and form after a new model and a terrace  to be erect therein by the water side by building a summer house or room of  entertainment in the garden belong to you as master and in that a bath which  you have cause to be supply with water and other convenience for bath by  convert two edifice belong to the college into a very large and spacious  granary at the expense of pound or at least pound for your own private use to  carry on the trade or business of a farmer or maltster which you follow for  some time by seize upon two piece of ground belong to the college to keep a  couple of cow in for the use of yourself and family and by hedge ditch and  trench the same for that purpose by cause a new brick house to be build in the  back side of the college for winter the say cow and building three new  coachhouse for the use of particular person all which be pay for out of the  college stock and amount in the whole to the sum of pound or some other such  large sum of money as by the account of the bursar of the say college  reference be thereto have will more full appear hocque etcetera et object  articula de quiet alian summa etcetera et ut above LIII item we article and  object to you the say dr Richard Bentley that you have further and unnecessary  and profuse waste and consume great part of the common stock of the say  college by building or cause a fine new countryhouse or seat to be build upon  part of the college estate at over in the county of Cambridge for the use of  yourself and family fit for the reception of a person of rank and quality and  have already expend therein though not yet finish or furnish more than pound  of the college money hocque etcetera et object articula de where you will  alian summa etcetera et ut above be livid or discolored item we article and  object to you the say dr Richard Bentley that dr John Christopherson former  master of the say college in the reign of queen mary do by his last will and  testament give and bequeathe all his hang bedstead table form chair wainscot  ceiling and all the furniture belong to his kitchen to the say college for the  use of his successor master of the say college for the time be upon condition  that every successive master shall oblige himself in the sum of mark to leave  the same in as good condition as he find they as by the say will now remain  among the muniment of the say college reference be thereunto have will appear  et ut above lv item we article and object to you the say dr Richard Bentley  that you upon your become master of the say college find the lodge belong to  you as master well and sufficient supply with all necessary and useful  furniture fit and sufficient for a master of the say college all which come to  the hand or possession of you the say dr Bentley et hoc to be be yes etcetera  et ut above that which is not bound item we article and object to you the say  dr Richard Bentley that notwithstanding the premise and notwithstanding there  be not any allowance make by the statute to the master of the college for the  furniture of his lodge yet you the say dr Bentley have squander away great and  excessive sum of money out of the college stock over and above those before  mention for finish and furnish the say lodge and particular in set up nine  marble chimneypieces and furnish the same with a scarlet cloth bed and chair  and stool a damask bed and quilt two large look glass a silk squab japan and  walnuttree table and in buy a couch for the use of your wife and daughter and  several other good for the use of yourself and family to the amount or value  of pound pound or at least pound sterling all which charge be by you pay for  out brown of the common stock of the say college hocque etcetera et object  articula de quelibet alian summa etcetera et ut above brown er p LVII item we  article and object to you the say dr Richard Bentley that notwithstanding  there be not by any of the statute of the say college any allowance make to  the master of the say college for the time be for bread beer fuel or any other  provision for himself and family at home yet you the say dr Bentley have for  these twentythree year last pass yearly consume and waste great and excessive  quantity of the common provision and store belong to the college and apply the  same to the use of yourself and private family at home to the amount of  several hundred pound per and videlicet in bread meal and beer to the amount  of pound per and or upward and at the last audit the expense on that account  amount to pound in coal and other fuel to the amount some year more than pound  per and as by the college book of account reference be thereto have will  appear hocque etcetera et object articula de where you will alian summa  etcetera et ut above LVIII item we article and object to you the say dr  Richard Bentley that you have likewise for these many year pass yearly spend  and consume several great sum of money out of the common stock of the say  college for linen and pewter pretend to be use in your family at home to the  amount or value of pound pound or at least pound per and and particular in the  last year to the amount of pound as by the college book of account reference  be thereunto have will more full appear et object articula de quiet alian  summa etcetera et ut above lix item we article and object to you the say dr  Richard Bentley that you do sometime in or about the year fraudulent unjust  collusively and unknown to the respective member of the say college contract  and agree with Mr sergeant miller late one of the fellow of the say college to  procure and obtain a allowance of pound to he make to he the say sergeant out  of the college stock over and above the sum of pound before to he in hand pay  under pretence of reimburse he the say sergeant the charge it be pretend he  have be at in carry on a prosecution against you the say dr Bentley before the  right reverend father in God John more late Lord bishop of Ely since decease  as visitor of the say college for several great and enormous crime by you  commit in the execution of your place or office of master of the say college  but in reality and truth such contract or agreement relate to the payment or  allowance of the say sum of pound be by you make with no other design view or  intention than to avoid the pursuit of justice and to engage and oblige the  say sergeant to withdraw a certain petition that have be present to his late  majesty king George I on behalf of several of the fellow of the say college in  order to ascertain the visitatorial power and which the say sergeant have by  the say fellow be entrust to prosecute hocque etcetera et object articula de  where you will elsewhere tempore de where you will alian summa etcetera et ut  above LX item we article and object to you the say dr Richard Bentley that in  pursuance of such agreement you do on the that day of June at a meeting of the  senior fellow of the say college propose and insist to have the say sum of  pound allow and pay to the say sergeant miller out of the common stock of the  say college upon the pretence in the next precedent article mention and at the  same time insist and peremptory demand to have the sum of pound pay or allow  to yourself out of the same stock to reimburse you the charge which you  pretend you have be at in defend yourself against such prosecution but that  such proposal and demand be all reject by a majority of the senior then  present notwithstanding which you the say dr Richard Bentley do on or about  the that of December follow by vile and indirect practice in the absence of  three of the eight senior fellow of the college and against the consent of  three of those present procure a order or conclusion to be make and pass by  other fellow of the college not of the seniority nor depute by any of the  three absent senior to allow and pay out of the college stock to the say  sergeant the say sum of pound and to yourself the aforesaid sum of pound upon  the several pretence before mention and that the say sum of pound and pound be  afterward pay to the say sergeant miller and to you the say dr Bentley by  virtue of such pretend order or conclusion out of the common stock of the say  college to the great waste and brown diminution thereof and to the great  prejudice of the respective member of the say college hocque etcetera et  object articula de quiet other tempore et summa etcetera et ut above brown er  p lxi item we article and object to you the say dr Richard Bentley that the  say sergeant miller in consideration of the say sum of pound so pay to he out  of the college stock or treasury as before set forth do by a write or  instrument under his hand and seal bear date the that day of December covenant  and agree that he will not at any time after prosecute or proceed upon the  before mention petition to his say late majesty but will withdraw or cause the  same to be withdraw and do all other act in his power towards the prevent or  hinder any further prosecution thereupon as by the say write or instrument now  in the college registry reference be thereto have will appear and the say  sergeant miller do never afterward follow or prosecute the say petition or do  or cause any act to be do thereupon and have ever since refuse and do still  refuse to deliver up all such paper write or instrument as be entrust in his  hand in order to carry on such prosecution hocque etcetera et object articula  de whithersoever you please elsewhere tempore etcetera et ut above LXII item  we article and object to you the say dr Richard Bentley that notwithstanding  you be by your oath and by the that of the say statute oblige to preserve all  the movable of the college and to take care that the senior dean and junior  bursar do every year within one month after their admission into their  respective office make or cause to be make two perfect inventory of all the  good movable plate and other thing belong to the say college one of such  inventory to be reposit in the public treasury and the other with the  Vicemaster for the time be and at the same time to take a exact account of  such good movable plate etcetera as shall be at that time miss by compare such  inventory with those make in the precede year but for these ten year last pass  and upward no such inventory have at any time be make neither have you at any  time call upon or require the senior dean and junior bursar or either of they  to perform their duty accord to the say statute nor have you ever censure or  punish they for their neglect therein as by the statute of the say college you  be oblige and ought to have do by reason whereof a considerable part of the  college plate have be for several year last pass and be now miss out of the  college treasury and no examination or enquiry have be make after it by you  the say dr Bentley hocque etcetera et object et articula de qudlibet alian  quantitate etcetera et ut above LXIII item we article and object to you the  say dr Richard Bentley that by the d of the say statute it be inter alian  ordain and provide that the bursar and steward of the say college for the time  be shall bring their respective account to be examine by the master or in his  absence by the Vicemaster and the eight senior fellow of the say college at  the end of every quarter but that such account have not once during the whole  time that you have be master of the say college be bring in and examine accord  to the direction and intent of the say statute and when one of the senior  demand and insist to have the account examine quarterly pursuant to the say  statute you the say dr Bentley reply with great disdain do it tell I of  statute hocque etcetera et ut above LXIV item we article and object to you the  say dr Richard Bentley that at the general audit of the account of the whole  college which be by the say last mention statute appoint to be on the that of  December yearly these account have for many year pass be pass in gross only  without enter into any particular or examine voucher for any of the sum say to  be expend therein and at several time and more particular in the year when one  of the senior at such meeting demand that the order by which great sum of the  college money have be pay and lie out shall be produce and particular of  general sum specify and the voucher thereupon examine you the say dr Bentley  with great insolence and foul language hinder and prevent such examination and  by reason of your ill treatment and behaviour no objection have of late be  make to the account concern the extravagant sum lie out upon the lodge garden  and additional building upon the aforesaid house at over nor to a article of  pound demand for velvet and other material say to be use in the chapel nor no  enquiry make after the college plate so as aforesaid embezzle lose or miss nor  after the great sum of money lie out and expend in bread beer coal and other  fuel linen pewter brown er p and other thing for the use of you the say dr  Bentley and your family as in the precedent article be mention LXV item quod  premissa etcetera note brown this spirit prosecution be accord carry on and  after a trial at Ely house which last six and twenty day sentence be on the  that of April give against the doctor that he have be legal convict before the  visitor of a violation of the statute and dilapidation of the good of the  college and that he have thereby incur the penalty of deprivation of his  office of master Ely register d p the curious reader will find the subsequent  history of this business in that elaborate work biographia britannica vol two  d edit p condition