sacrosanctis Dei Evangeliis coram subrectore, ipso primum id coram illis perficiente, ac deinde a singulis eorum id exigente, jurabunt, quod non per invidiam, malitiam, odium vel timorem, nor for Love nor Honour of any other to be promoted to the Place, nor for Emulation, nor Envy, or by Conspiracy, or the Procuration of any other they did testify it, but merely from a good Zeal and Love for the College, and the good Estate thereof: That the Bishop, or his Vicar, de causis, criminibus , excessibus & defectibus contra rectorem propositis, summarie & de plano, & extra strepitum judicialem cognoscat; and if by sufficient Proof he find the Accusation true, he shall immediately remove him from his Office and Administration, and injoin the Scholars to proceed to the Election of a new Rector, according to the Form of the Statute aforesaid: Cessantibus appellationibus—querelis, aut cujuscunque alterius Juris & facti remediis, quibus hujusmodi amotio valeat impediri aut differri, quæ omnia irrita esse volumus, statuimus & decrevimus ipso facto.
Queen Elizabeth makes it a College.—The Jury find further, that Queen Elizabeth, 1. Martii anno regni ejus octavo, make this House, which was before a Hall, to be a College, and confirms the Statutes, and constitutes them a Body Corporate, and that one Sir William Petre, being willing to supply the Wants of the College, makes Addition to the Revenue, and to some defective Statutes, &c.
Proceedings in Colmer's Case He Appeals to the Bishop. Visitation by Commission. Dr. Bury protests. Colmer restored.—Then they find that before the Time of the Demise in the Declaration, viz. 16 Octob' Anno W. & Mar. 1. one James Colmer, A.M. was Convicted before the Rector, Sub-rector, and five Seniors, of Incontinency with one Anne Sparrow, and therefore was Expelled; that he Appealed to the Bishop of Exeter; that 21st of February, 1689. he made his Commission to Dr. Masters, which Commission is found in hæc verba, reciting that 'tis complained by C. that he was unjustly Expelled, and therefore appoints Dr. Masters to hear and determine the same; that the Commissary proceeds to the Execution of that Commission, and 22d Martii he comes to the College and sits in the Chapel with a Notary Publick, and Colmer appears, and the Rector and the rest did not; then he Adjourns to the Hall, and Summons all the [41] Parties to attend there, and there Dr. Bury made and exhibited a Protestation in Writing under their Hands, setting forth the Oath of a Fellow not to Appeal and Protest against his Authority, to examine it; thereupon the Doctor proceeds and examines the Fact ex parte, and Reverses the Sentence, and restores Colmer, viz. 25 Martij, because the Process was not transmitted.
General Visitation. Protestation, &c.—Then they find that the 16th of May the Bishop issued his Citation to the Rector, or Sub-Rector, for a General Visitation, to be held the 16th of June in the Chapel of the College; and accordingly the 16th of June the Bishop comes to the College, and to the Door of the Chapel, which was shut up; and that the Porter was subject to the Government of the Rector, and bound to obey his Commands in shutting or opening the Doors; and certain of the Scholars did then offer in area Collegij a certain Writing under their Hands, protesting against the Visitation, as within Time, by reason of Dr. Master's Visitation: This is refused by the Bishop: The Bishop then administered an Oath to Webber, of the Service of Citation; and then he called over the Names of the Rector and Scholars who appeared not; and not being admitted into the Chapel he departed.
Proceedings to Dr. Bury's Deprivation.—Then upon the 21st of July he summons a Visitation upon the 24th of July, and the 23d of July the Rector, &c. protested against the intended Visitation, insisting on their Statutes, which by Oath they are bound to observe, and this under their Common Seal. Then the Bishop upon the 24th of July receives the Protestation, quatenus de Jure; then they departed, refusing to agree to his Visitation; Ten of the Fellows appeared, and submitted; the rest were pronounced Contumacious for not appearing: Then he Administred several Interrogatories, to discover Matter of Accusation against the Rector and Fellows. In the Afternoon the Absentees were called again, and declared in Contempt, and the Fellows suspended, and Adjourned to the 25th; and then Dr. Herne was deprived for having a Living inconsistent with his Fellow-
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