THE CASE OF Exeter-Colledge, IN THE UNIVERSITY OF OXFORD. Related and Vindicated.

LONDON; Printed, and are to be Sold by Randal Tayler neer Stationers-Hall, 1691.

TO THE READER.

THe late Proceedings of the Bishop of Exeter, as Visitor of Exeter-Colledge in Oxford, were so directly contra­ry both to the Statutes of the Colledge, and the Laws of this Realm, that the Rector and Fellows, who opposed his Lord­ship therein, little thought there would have been any cause to pub­lish a Vindication of their conduct in that Affair, especially when they found that his Lordship had no other grounds for his Porceed­ings, then what have been publish't in a late Pamphlet, Entitled An Account of the Proceedings of the Right Reverend Father in God Jonathan &c. It was hoped the weakness of that Pamphlet would be obvious to all judicious and intelligent Readers; and that the badness of his cause was sufficiently detected by the weakness of his defence.

But since it appears that some persons, who know no better, or are willing to be deceiv'd, are impos'd upon either by the Bishop's Character, or the credit of two Civilians, and perhaps some bold dashes in the late Pamphlet (as Greatness and Reputation are apt to give a colour to things, that in themselves have none) They began to conceive it might not be improper to let the unthinking part of their adversaries understand, that they had much more to alledge in their own Vindication, then had been said to run them down. Yet was this design retarded, because one part of their Cause, to wit the Visitor's Power as Ordinary, was in contest betwixt him and the Re­ctor in the Court of King's Bench. But that having been since de­cided in favour of the Rector, its hoped the judgement of the Court upon that part of the Cause may facilitate the belief that the rest of his Lordships Proceedings have been all of a piece with that.

The design of the ensuing discourse, is to satisfie all that are con­cern'd, or will concern themselves in this Controversie, that there was just cause for Mr. Colmer's first and second Expulsion; that [Page] his Appeal to the Visitor, was not only not warranted by, but di­rectly against the very letter of the Statutes of the Colledge, that Dr. Master's his executing a Commission from the Bishop, was a Visitation, within the intention of the Statutes, and that the Visitor has no Episcopal jurisdiction over the Colledge or any of its Mem­bers. Which particulars, if they be cleared, we are not concern'd to give a superfluous answer to little and insignificant suggestions that trench nothing at all on the merits of the Cause. The Author of the Account has that province left entirely to himself, of urging immate­rial passages, and misrepresenting them too; Our design is peace, which to obtain, all expressions of rancour and harsh reflexions are abstained from, nor is any thing here set down, but what tends to the justification of the Colledge in point of Right: Even the dis­playing of Mr. Colmer's personal guilt had been forborn, had it not given the first rise to the present disorders, and if his own obstinacy had not put his Judges upon a necessity of vindicating the Justice of their Sentence.

But the main stress of this whole Affair centring in the Visitor's Jurisdiction, the Rector and Fellows are heartily sorry, that his Lordship did not meet with a more creditable occasion of asserting his pretended Jurisdiction, then that, which does in the nature of the thing (tho not in his Lordships intentions) tend to the encouragement of Vice and Debauchery, and that in a Society instituted to be a Se­minary of Learning and Vertue.

And they cannot but take notice, because they hope it will make an impression in favour of them upon unprejudiced minds, in what manner the illegality of his Lordships proceedings is backt by those who abett him; to wit, with force and violence, riots and distur­bances even at the performance of God's publick Worship, the par­ticulars whereof are not thought fit to be here inserted. A good Cause is always best maintain'd by proper and legal methods; where­as passion and force are generally signs of a bad cause as well as of ill men.

The CASE of Exeter-Colledge, in the Ʋniversity of Oxford, Related and Vindicated.

WIthin the compass of three quarters of a year two Ba­stard Children were born of young Women then in the Service of Bed-makers belonging to Exeter-Colledge. One Anne Aris appeared to be with Child about Mich. 1688. and towards the latter end of the next Summer, one Anne Sparrow was in the same condition.

The Rector, and Senior Fellows thought (as well they might) that it highly behoved them for the Reputation of the Colledge to endeavour the wiping off such a double scandal. Which could no otherwise be done then by a discovery who were the true Fathers of the said Bastard-children; and if upon Examination, and Proof, it should appear that any Member of the Colledge had been faulty therein, then to proceed against such Member, as the Statutes of the Colledge direct.

Upon enquiring into the matter there appear'd violent pre­sumptions of Mr. Colmer's Guilt.

As First, Anne Sparrow confesttoh er Dame Thomasin Smith (who was Mr. Colmer's Bed-maker) that Mr. Colmer was the Father of her Child.

Secondly, Thomasin Smith confest, that after the said Anne Spar­row was disabled from working, Mr. Colmer was at the charge of maintaining her.

These two particulars, the said Thomasin Smith disclosed upon her Examination before the Rector.

Thirdly, Ferdinand Smith, Thomasin's husband, being Examin­ed by the Rector, said that the Father of one of the Children was Father of both, but refused to confess who that was, or from whom he had money for keeping Anne Sparrow, because a Gen­tleman (he said) would be expell'd, and he should lose his Friends.

Fourthly, The other young woman Anne Aris had laid her Child to the said Ferdinand Smith, who Fled into the West, and was [Page 2] furnished with money by Mr. Colmer for his Journey; by whom about three months after he was taken into his Service and brought back to the Colledge.

Fifthly, Ferdinand Smith gave bond to the Overseers of the Poor to save the Parish harmless, penalty 40. l. One of the Overseers, being Cook to the Colledge, and charged by the Rector for unfaith­fulness in his Office in taking bond of a man that was not solvent, replied that he should not have taken it, if he had not been bid to do it by a Gentleman, who promised the Parish should come to no damage: This Gentleman upon farther Examina­tion appear'd to be Mr. Colmer, who afterwards did not deny it.

Sixthly, Presently after Anne Sparrow's delivery, viz. about a weeks end, it being nois'd about that Mr. Colmer was the Father, she was removed and hid by Mr. Colmer, or by some of his friends; which upon his own Examination before the Rector he could not deny.

Seventhly, The then Vice Chancellor, now Lord Bishop of Bristol, being applyed to by the Rector to Examine Ferdinand Smith as a Justice upon the whole matter, in order to the finding out the truth; Ferdinand Smith confessed to him that the Girle had named Mr. Colmer for the Father.

Eighthly, The Midwife being sent for, gave this Account, that when she prest Anne Sparrow at the time of her travail to name the true Father, Thomasin Smith her Dame desired that she would not urge her, saying she had told her already; and Thomasin, when afterwards examined by the Rector, confest that she had hindred the Midwife's urging a confession at that time, because she was loath to have Mr. Colmer disgrac't before the company then pre­sent.

These grounds to suspect Mr. Colmer's Guilt, the Rector thought sufficient for bringing the Matter to a hearing before the Senior Fellows; And accordingly fixed a day, giving Mr. Colmer notice about a fort-night before, that he might have time to prepare his defence.

The day being come, which was the 10 th. of October 1689. The Rector and Senior Fellows met together, Mr. Colmer being present. And the substance of the Evidence of Mr. Colmer's hav­ing been guilty of Incontinence, and in particular of his being the Father of Anne Sparrow's Bastard child, as disclos'd upon a long hearing of several hours, appeared to be as followeth; viz.

First, Anne Sparrow had acknowledged that Mr. Colmer was [Page 3] the Father of her Child. That she had so acknowledged, Note, Ann. Sparrow could not be then produced in person, because re­mov'd out of the way to prevent her disclo­sing the truth; and that by Mr Colmer's friends, was confest by Thomasin Smith her Dame then present, and her Hus­band Ferdinand had owned the same before the Vice Choncellor; as was then attested by the Rectors Oath.

Secondly, The Overseer of the Poor then attested, (and has since deposed upon Oath) that Mr. Colmer bid him take the security of Ferdinand Smith, Scrape-trencher of the Colledge for the Child that Anne Sparrow, single woman, then went with, and told him the Parish should not be damnified.

Thirdly, That Thomasin Smith had acknowledged, that the money for Anne Sparrow's maintenance, whilest she was at Fer­dinand Smith's house, and big with Child, was paid by Mr. Col­mer.

Fourthly, That by Ferdinand's saying (as before, and as himself acknowledged upon the hearing that he had said, viz.) that a Gen­tleman would be expell'd, it appear'd he had some knowledge who was the Father; nor would name any other then Mr. Colmer, who might be liable to Expulsion for the same, and yet refused then to name him, tho' he was told, that unless he charged some body, what he had said already, joyn'd with what othor proofs had been made, would fasten it upon Mr. Colmer; whom he had all along favoured in the whole affair. ( Note, that this Smith finding himself afterwards laught at for some weak tergiversations and contradictions in what he said at the hearing, has confest that by the Gentleman liable to be expell'd, he meant Mr. Colmer.)

Fifthly, That Anne Sparrow some time before she was known to be with Child, was heard to say, that she had reason to curse Mr. Colmer, for he had undone her. Of this one of the Fellows gave information; to whom it had been told by Joyce Aris, who heard the words, and she being called in and Examined, did her self confirm it.

Sixthly, That of the Midwife mentioned before.

Seventhly, That tho' Mr. Colmer had sufficient time given him to make his defence, and might have clear'd himself in a great measure from being guilty in the main charge against him, if Ann Sparrow had been brought in, and would have acquitted him; yet he forbore (as must be presum'd out of a conscience of guilt) to bring her forth, as he might easily have done; she having been lately removed out of the way by some of his friends, as himself could not deny. (And, as it has appeared since by her own de­position, she was then but at one John Wakeland's house in Oxford, [Page 4] whether she had been perswaded to remove by Mr. Cleveland and Mr. Maundrel both Fellows of Exeter-Colledge, and intimate friends of Mr. Colmer; who likewise paid for her keeping, whilest she was there.)

These Evidences appear'd to the Rector and Fellows so full and pregnant, that they conceived no rational man could entertain a just doubt of Mr. Colmer's crime; and the Caution that was us'd by the Rector in making what enquiry he could into the fact, tho' a publick scandal to the whole Colledge, before he would bring Mr. Colmer's Reputation in question by a publick charge of this nature, is a great argument, how candid the proceedings of the Colledge have been in this affair. Yet were not the Rector and Fellows willing upon the hearing to proceed to a sentence of Ex­pulsion, tho upon such violent proofs, as nothing but a positive Testimony upon Oath of the very committing the Act (which in a crime of this nature is very difficult to be had) could be more convincing; without enquiry into Mr. Colmer's former behavior and course of Life. Which, if it were innocent and free from im­putations of such like immoralities, ought to raise a tenderness in receiving such an accusation, and might perhaps entitle him to insist upon stricter proof, then a man who is known to be of a loose life can reasonably be thought to have a Just claim to.

It was made appear to them by the Attestation of a Scholar, that Anne Aris had confest to him some rude importunities used to her by Mr. Colmer: Vid. infr. Deposit. Lett. B. And the Rector's Wife declared that one Mary Lawrence sometime servant to the said Ferdinand Smith, had declared to her that Mr. Colmer had made some uncivil attempts upon her, when she was making his Bed, insomuch that she was afraid to go into his Room alone, Vid. Dep. Lett. C. Other lascivious offers made by Mr. Colmer to one Alice Gigge were attested at the hearing, by a person who had it from her self. And she has since made Oath of it, Vid. infr. Dep. Lett. D.

Mr. Colmer's Defence consisted of nothing but confident denials of all that was charged and proved, and the Evidence of the two Fellows above mentioned, who took their voluntary Oaths, that Anne Sparrow had in their hearing clear'd Mr. Colmer of having been concern'd with her. But as this Testimony of theirs was not then thought considerable enough to counterpoize so many Evi­dences of her having confest it to others, backt with so many other circumstances of Mr. Colmer's guilt, as have been mention­ed [Page 5] and were fully attested; especially those two Fellows being known to be Mr. Colmer's Intimate Friends, and upon that score suspected to have gain'd some words of that kind from her in Mr. Colmer's behalf, so it has been made appear since by Anne Sparrow's own Affidavits made before Justices of Peace, that Mr. Cleaveland and Mr. Maundrell, who were the two Fellows that gave this Testimony, had advis'd her to lay her Child to a Gen­tleman of Christ-Church, for that if she laid it to Mr. Colmer he would be expell'd, and that it was pursuant to their perswasions that she own'd before Alderman Fyfield, that another man was tho Father. But withal she swore that none had ever perswaded her to lay it to Mr. Colmer, who was the true Father, for that no o­ther man but Mr. Colmer had ever had carnal knowledg of her, Vid. infr. Depos. lett. E. & L.

Upon a full hearing of all the Allegations and Proofs on both sides, the Rector and Fellows were convinced in their Consciences of Mr. Colmer's guilt, and proceeded to a sentence, whereby ac­cording to the Statute De causis propter quas Scholar. &c. they pro­nounced him ipso facto expell'd.

Mr. Colmer rested to appearance satisfied with the Justice of his sentence for some time; and desired of the Rector a license under his hand in order to his Admission into some other Colledge; and confessed that he had no reason to complain of his Judges, for that himself upon the like Evidence would have found any other person guilty; but he pretended to find fault with the Witnesses, and laid the whole blame upon them. But he continued not long in this submissive mind: A design was laid to contest the matter again, and clear Mr. Colmer's Innocence.

It has been said that Anne Sparrow was removed shortly after her lying in to John Wakeland's House in Oxford, from thence after some Weeks stay, she was brought back to Ferdinand Smith's (where she was before) and there a Justice of Peace, Alderman Fyfield, came to her, being conducted by the aforesaid Mr. Mandrell who had Christened the Child; and examined her concerning the Bastard-child, that she had had. To him she declared that she had been got with Child by a Gentleman of Christ-Church; and cleared Mr. Colmer. The Rector hearing that Anne Sparrow had retracted what she had formerly acknowledged to so many, went to Alder­man Fyfield to enquire into the matter: But could receive from him no other Account than this: viz. That he had Examined her, but had taken no deposition; and at what house it was he [Page 6] knew not; that she had cleared Mr. Colmer, and said she had lain with one of Christ-Church, but knew neither his name nor his Chamber.

Now this retractation of her's before Alderman Fyfield, as it is the less to be credited, because contrary to what she had frequent­ly declared before, and because she was not upon her Oath for any thing that appears by the Alderman's Certificate, so it is to be consi­dered that at the time when Alderman Fyfield examined her, she was kept private in Oxford by the procurement of Mr. Colmer's Friends, who had paid for maintenance since her great Belly disabled her from working, and consequently may well be supposed to have a great influence and design upon her: And further it must be observed that Alderman Fyfield, tho he was a Justice of Peace, did not in taking this Examination act as such; he did not send for the Wench before him, but very officiously waited upon her; and at such a house as he knew not how to find again, he took no Deposition upon Oath, made but a very superficial en­quiry after the true Father, took no care to secure the Parish, but being Mr. Colmer's friends, and their Pupils Mercer, was acted ap­parently by him and his friends to gain an acquittal of Mr. Col­mer from Anne Sparrow's mouth, which should have the credit of being attested before a Magistrate; and yet should be ordered in such a manner, as not to be capable of being contradicted.

The next step taken by Mr. Colmer and his Managers was to convey Anne Sparrow quite away, to prevent her being examined in another manner, than the Alderman had done; whereby the truth with respect to Mr. Colmer might come out, and the indirect carriage of Alderman Fyfield in this matter be made publick. She was therefore conveyed by John Wakeland, in whose House she had lodged, to one Green's House at Dorchester seven miles from Oxford; there she made some stay, and discovered the whole matter to Green and his Wife, as appears by their Deposit. Lett. M & Lett. N. From Dorchester the same Wakeland, who had agreed and paid for her Lodging, &c. at Dorchester, convey'd her to Farrington, and from thence to London.

The day after she came to London, looking out at a Win­dow she spied passing by one of the Fellows of Exeter-Col­ledge, and calling to him, gave him an account of all that had passed. Which he imparted to the Rector by Letter: And shortly after by the Rector's order went to a Justice of Peace in order to have her Examined, but she was removed, and the Woman of [Page 7] the House refused to tell the Justice whither; but being threatned to be sent to Bridewell, confest that Anne Sparrow was about Islington, whither she went with the Constable, and brought her before the Justice of Peace, before whom she deposed, That Mr. Colmer was the only man that ever had lain with her, and that he was Father of her Child, that after her delivery she was advised by Mr. Cleaveland and Mr. Mandrel to say that a Gentleman of Christ-church was the Father, which by their perswasion she did to Alderman Fyfield, who was brought to her by Mr. Maundrel: that the reason which they urged to her to lay her Child to another, was because else Mr. Colmer would be expell'd: And that no per­son ever perswaded her to lay her Child to Mr. Colmer.

She deposed likewise at the same time (as the Justice has since certified to the Rector by Letter) that she had never taken an Oath before a Magistrate before.

So that after all, the sentence against Mr. Colmer was both just in it self, being pronounced upon a full hearing and sufficient proof; it was acknowledged by himself to be just with respect to his Judges; but he found fault with the Witnesses. And now the Te­stimony of the Witnesses is made appear to have been true by sub­sequent proofs; and the whole management of the Affair in keep­ing Anne Sparrow private at first, and afterwards conveying her away by Mr. Colmer's Friends; and in perswading her to favour Mr. Colmer, and lay the Child to another, is made so clear and undeniable by what has been said, and the following proofs; that thus far at least the Rector and Fellows have acted nothing irregu­lar, but have discharged their duty.

The Depositions referr'd to in the precedent Discourse, or con­firming the Particulars thereof, are as followeth, viz.

The Examination of Richard Hedges taken upon Oath be-Sir William Walker, one of their Majesties Justices of the Peace &c. June 30 th. 1690.

THis Deponent having taken his Oath before Sir William Walker A Knight, one of their Majesties Justices of the Peace, of the City of Oxon, saith as followeth, that Mr. James Colmer late Fellow of Exon-Colledge, did bid the said Deponent, Richard Hedges, being Overseer of the poor of St. Mary Magdalen Parish, take the security of Fardinand Smith, Scrape-Trencher of the said Colledge, for the Child [Page 8] which Anne Sparrow single Woman then went with, and the Parish should not be Damnified.

Concordat cum Originali factâ debita collatione per me.
Ben. Cooper Notarum publicum.

B ANne Aris said in the presence of us John Freek, and John Clase that Mr. Colmer desired the said Anne Aris to let him catch her by the Belly, whilst she was rubbing his Room, but she refused it: in Wit­ness whereof we have set our hands

John Freek. John Clase.

The Information of Mary the wife of Thomas Lawrence ta­ken upon Oath by Sir. William Walker Knight, one of their Majesties Justices of the Peace for the City of Ox­ford, this second day of July 1690.

C THis Deponent testifieth that about six years since, being servant to Ferdinand Smith, whose wife was Bed maker at Exeter-Colledge, she the said Deponent coming into the Chamber of Mr. Colmer to make his Bed, he the said Mr. Colmer took her violently by both her hands, and threw her upon his Bed, and endeavoured to lie with her biding her lie still, which she refused, and did not yield to him, but went out of the Room, and left one of the Beds unmade, and then she went to the Trencher Room, and told her Dames Mother what Mr. Colmer had endeavoured to do (as is aforesaid) and declared she would never go a­gain to Mr. Colmer's Room unless some body went with her.

The Mark of Mary) Lawrence. Concordat cum originali facta debita collatione per me Ben. Cooper, Notarum Publicum.

The Contents of this Deposition are what the Rector's Wife declar'd when Mr. Colmer's Cause was heard. She having receiv­ed it from the Woman her self, who gives this confirmation; though the Author of the Account, tells the world it was then [Page 9] disown'd by the party who spoke it, and sets it off thus pleasantly, It was said that the Rector 's Wife said that a certain Maid said to her that she had formerly said to another Woman, that Mr. Colmer had been uncivil to her. This may be thought wit by some, but by none fair dealing.

The Oath of Alice Gigger, &c.

ALice Gigger at present of London, Spinster, maketh Oath that she D this Deponent living at one Mr. Halls a Coffee-house in the City of Oxon was several times tempted by Mr. James Colmer Fellow of Ex­eter-Colledge in Oxford, to have been naught with him, and at sundry times offering her this Deponent money to become his Whore, and particu­larly at one time about two years and an half since he took out a handful of Money out of his Pocket, and shewed it her, telling her this Deponent that if she would comply with him, she should have what she would of it, or to that effect. And another time he would have had this Deponent gone out Town with him, who asked him where? He told her to the Rose and Crown in Hincksey, about two Miles out of Town: She asked how? He told her on Horseback behind him; and withal said she had a good Excuse to ask leave of her Master and Mistress, being a Holliday, Saint Luke's day; and he then told her that they would take Horse at Mr. Crowders in Holywell Parish, where his Horse then stood, which this Deponent totally declined; He intimating his intention of making her a Whore. Another time he would have had this Deponent have left her Service and gone into the Country, and he would have maintained her as a Gentlewoman, if she would yield to him; which this Deponent refusing, he said again to her, A Plague damn your fools-head. And at another time he said before a Stran­ger in this Deponents presence, That he would several times have had to do with this Deponent, but she would not consent. And this Deponent further saith, That about a Month since, this Deponent received a Letter from her Brother, who writ to this Deponent (at the Instigation of Mr. Colmer's Lawyer of New Colledge (as her Brother writes to her) that if any of Exeter Colledge came to her, she should not discover any thing, for if she did, she should take care of her self, for Colmer would do her a mischief, besides the Colledge would have her down upon her own charge into the Country, and put her to great trouble, or to that effect.

Rog, Meredith.

Middl. & West. sc.The Examination of Anne Sparrow taken upon Oath before John Ward, Esquire, one of Their Majesties Justices of the Peace for the said Country and Liberty.

E THis Deponent being Examin'd upon Oath, did declare that James Colmer, Fellow of Exeter Colledge in the University of Ox­ford, was the only man in the world that ever had carnal knowledge of her Body, and that the said James Colmer, and no body else, is the only and true Father of the Bastard child, that she was delivered of about Mi­chaelmas last past, at the House of Ferdinando Smith, in the Parish of St. Mary Magdalen in the City of Oxford. This Deponent further faith, That some time after she was delivered, Mr. Maundrel and Mr. Cleaveland did advise her to say that a Gentleman of Christ-Church was the Father of her Child, which by their perswasion she did to Alderman Fyfield, who was brought to her by Mr. Maundrel only to take her Ex­amination. That the Reason they urged to perswade this Deponent to lay her Child to one of Christ-Church, was she should not do Mr. Colmer an injury, who would be expell'd if she laid the Child to him. And she fur­ther deposeth that no person living ever perswaded her to lay her Child, to Mr. Colmer. And further saith not.

The Mark of An. Sparrow.

The Constable's and Beadle's Certificates.

I THese may Certifie whom it may concern, That it was a long time be­fore Mrs. Pearse (who Lodged Anne Sparrow in London, and had carried her about three Miles off) could be perswaded to own where she was, but at last went along with me, and brought Anne Sparrow to London, before Justice Ward, which said Anne Sparrow drank not any thing (that I know of) in the House from whence she came, and walk'd to Lon­don a foot, none of us drinking any thing by the way; neither did Mr. Kingston of Exeter Colledge in Oxon see the said Anne Sparrow all that day, till he saw her in the Room before Justice Ward, all which I am ready to testifie upon Oath; as also that the said Anne Sparrow had a fair and just Examination before John Ward, Esq at which I was present all that time with the Beadle, and others.

Witness my Hand and Seal this 22d. of March 1689/90. And that the said Anne Sparrow freely and of her own accord said most of those things to me, which she after confest upon Oath.

Edward Warburton, Constable.

[Page 11]I Am also ready to testifie upon Oath, That the said Anne Sparrow was K no way in drink, when she was brought to Justice Ward, before whom she had a just and fair Examination, there being several persons present, and I my self being present all the time, and that Mr. Kingston had not seen the said Anne Sparrow until such time, as I did fetch Mr. Kingston to the Justice, where Anne Sparrow was; as also that Mr. Warbur­ton being sick in bed, did desire that the above written should be drawn for him, and doth own his Hand and Seal.

Witness my Hand and Seal this Twenty second of this Instant March, 1689.

William Gunter, Beadle.

The Examination of Anne Sparrow taken upon Oath before Sir William Walker, Knight, one of their Majesties Justices of the Peace for the City of Oxon, May 5th. 1690.

THis Informant saith, That Mr. Colmer Fellow of Exeter Colledge L in Oxford, hath had carnal knowledge of her Body once in his Study, and several other times afterwards; and that Alice Wats, Servant to Ferdinando Smith, told her that Mr. Colmer had lain with her also se­veral times: She also saith, That Mr. Cleaveland and Mr. Maundrel Fellows of Exeter Colledge, on the next day after the birth of her Child, desir'd her to lay her Child to a Gentleman of Christ-Church Colledge; and that they perswaded her to remove to a place provided for her, where she should want nothing: Whereupon she went with John Wakeland and his Wife to their House, where she tarried about three Weeks, in which time Mr. Cleaveland and Mr. Maundrel came thither, and paid the aforesaid John Wakeland for her Keeping; and that John Wakeland carried her from her Master's House on a Horse to Dorchester, to the House of Fran­cis Green, where she tarried about two Months, and from thence to Far­rington, where she tarried about a Month, and from thence she went in a Waggon to London, where she was plac'd by John Wakeland, and she also saith, That no other person had carnal knowledge of her Body besides the aforesaid Mr. Colmer: And before her delivery she told her Dame, That Mr. Colmer was the Father of her Child.

This is a true Coppy of the Examination of Anne Sparrow, taken before Sir William Walker, Knight.

William Walker.

Note. Mr. Cleaveland was present when this Examination was taken.

The Examination of Ʋrsula Green, taken upon Oath, before Sir William Walker Knight, one of their Majesties Justices of the Peace, for the City of Oxferd. May the 6 th. 1690.

M THis Informant saith, that Anne Sparrow was brought to her house at the Black boy in Dorchester, by John Wakeland Bargeman of this City, which Wakeland came to her House the day before he brought the said Anne Sparrow, and told this Informant, and her Husband Francis Green, that he would have them take the said Anne, for that a Gentle­man had got her with Child, and was willing to have her out of the way, that he might not be disgrac'd, and that they might put the said Anne in an outward room so as she might not appear much, least she should be found out; That they should take care of her, and should be well and truly paid, and then made a bargain with them for one month, and paid the money (which was sixteen shillings) as soon as he brought the said Anne Spar­row, who came with him on Horse back before Eight of the Clock in the morning: This Informant saith, that asking the said Anne who was the Father of her Child, she said a Gentleman, and being asked who, she said she must not tell, for fear she should be undone, but being farther prest earnestly, she said one Mr. Colmer Fellow of Exeter-Colledge was the real Father, and the only man in the world, that ever had any thing to do with her, and that Ferdinand Smith and o­thers, had perswaded, and incouraged her always to say, that a Gen­tleman of Christ-Church was the Father of it, and that John Wake­land took the said Anne Sparrow from her House on foot, and carried her away, whither he would not tell, And this Informant further saith, that the said Anne Sparrow came to her house (and stayed some time) after the said Sparrow had been at London, and then told her, that Wakeland carried her to Farrington, and càme back with her after she had stayed somtime there (she riding in a Waggon) and that they lay one night at Dorchester at the Crown, and that Anne desired then to call on the said Green, but Wakeland told her, No, They must not know whither she went, for fear they should make Proclamations, and that the said Anne told her, that John Wakeland said he had thirty shillings to carry the said Anne to London, and this Informant saith, that John Wakeland came to her house since the said Anne came from London, and saw the said Anne there, and desired this Informant, to go out of the Room, for he had somthing to say to Anne Sparrow in private, which this Informant accordingly did, who further saith, that when Wakeland paid her the last money for the keeping the said Anne Sparrow, she asked him who 'twas [Page 13] that paid him the money, and where he had it, he answered of a Gentleman who always brought it to him, but he whold not say he knew him; and this Informant does declare, that the said Anne told her, she seeing Mr. King­ston Fellow of Exeter Colledge pass by a place in London, as she was looking out at a Window, held out her hand and called to the said Mr. King­ston, and this Informant saith further, that the said Mr. Kingston saw Anne Sparrow 'twice at her House on May the 3d. and 5th. but was never alone, or in private with the said Anne Sparrow, but did seve­ral times exhort her to speak nothing but the truth, and to do the least wrong to no one, whatsoever might be asked her.

This is a true Copy of the Examination of Ursula Green, taken be­fore Sir William Walker Knight.

William Walker.

The Examination of Francis Green, taken upon Oath before Sir William Walker Knight, one of their Majesties Justices of the Peace for the City of Oxon, May the 10 th. 1690.

THis Informant saith that one John Wakeland of Oxon Bargeman N came to his House at the Black boy at Dorchester, and desired him to keep a Wench, who had a By-blow by a Gentleman who was able to maintain her, and had money enough, and that if four shillings a Week would not do, he should have five, and bargained at last for sixteen shillings the Month, which he paid before hand, as soon as she was brought to his House, and that John Wakeland did desire to have her kept private, that she might not be seen, that the said John Wakeland after Anne Sparrow (which was the said Woman) came from London, and it was known at Oxon, that she was at the said Greens House, came over to him and ear­nestly desired the said Green, not to bring the said Sparrow over to Oxford, for that he should be ruin'd and undone if he did, and that if he gave the Wench any dyet, he wou'd pay for it: This Informant further saith, that the abovenamed Anne Sparrow, while at his House the first time, said frequently, that one Mr. Colmer was the Father of her Child, and the only man that had to do with her, and that the said Sparrow also said, that Mr. Maundrel and Mr. Cleaveland overperswaded her to lay it to a Gentleman of Christ-Church, telling her that she should be maintained and well provided for, and that she should want for nothing, and this In­formant further saith, that he came to Exeter-Colledge to Goody Smith, to ask of her somthing for Sparrow, and that she bid him make no noise, and carried him into a Room, desiring him to say nothing to any Body, and that what he did for her, he should be sure to be paid for.

[Page 14] This is a true Copy of the Examination of Francis Green, taken before Sir William Walker Knight.

William Walker.

The Deposition of Elizabeth Roberts Widow, taken before Sir William Walker Knight, one of their Majesties Justices of the Peace for the City of Oxford, upon Oath, October 9. 1690.

THis Deponent saith that she did never use any means for perswading Anne Sparrow to lay her Child to Mr. Colmer or any other man; and she far­ther O saith, that when she was sent for by the Lord Bishop of Exeter at the time of his late Visitation in Exeter-Colledge, there was nothing objected against her concerning Anne Sparrow, nor any question put about her. But that this Deponent was then asked whether she knew any harm (or words to that effect) of the Rectors house, to which this Deponent answered that she did not, and was thereupon dismist. And this Deponent saith further, that when Anne Sparrow was in Oxford, she asked her the said Anne Spar­row, if ever she had perswaded her to lay her Child to Mr. Colmer, to which she answered that she never did, nor did she ever say so.

The Mark of Elizabeth Roberts.

The next part of the History of this Affair consists of Mr. Colmer's Appeal to the Bishop of Exeter, and what ensued thereupon.

Mr. Colmer having now by the close management of his Friends, Mr. Cleaveland and Mr. Maundrel got a verbal acquittal of his guilt from Anne Sparrow before a Magistrate, and secured her, as he presumed, from telling School-tales, by causing her to be convey'd far enough off, thought his Reputation would stand fair, notwithstand­ing what had been proved at the hearing. The next thing was to get his Sentence of Expulsion taken off; In order to which he gets an Appeal drawn up, and carries it to the Lord Bishop of Exeter, visitor of the Colledge, then at London. The Bishop received the Appeal; and granted two Instruments, the one an Inhibition, by which all farther proceedings against Mr. Colmer are forbid, (but the ultimate Act, which the Colledge could do, was already past) The other an Order requiring the Rector and Fellows to give an account of their proceed­ings sub poenâ juris & contemptûs, in order to a new determination. And together with these two Instruments came his Lordships Letter to the Rector, mentioning the two Instruments, that were sent to be serv'd upon himself and the Senior-Fellows, and that his Lordship ex­pected [Page 15] to be attended, and particularly that Mr. Cleaveland and Mr. Maundrel should be of them that were to come.

The Rector and Fellows had no notice of this till the two Instruments were served upon them, whereby they were deprived of having op­portunity to represent the matter so to his Lordship, as would, in all likelyhood, have prevented his Lordship's interposing in this Affair. It was resolved therefore that an answer should be sent to his Lordship with all due Reverence, with a true State of the case, both as it related to Mr. Colmer and themselves. This the Rector did in a Letter, which was presented to his Lordship by three of the Fellows. It was said therein that Mr. Colmer had by his Appealing added a new crime to his former, and a crime, for which by the same Statute he had incurred the same penalty, and that he had so far justified the persons con­cerned in his conviction, as to tell the Rector in the presence of Witnesses, that upon the Evidence disclos'd against himself, he himself would have judged any other person guilty: The Letter proceeded, My Lord, We willingly acknowledge your Lordship our Visitor and Patron, and shall upon all occasions pay your Lordship all possible Reverence and all due obedience, and what is due our Statutes do express, which that your Lordship at this distance from your own Copy may infallibly discover, I have transcribed the whole Statute.

And having then represented that the Statutes do not give his Lord­ship any jurisdiction to receive and determine an Appeal; then these words follow; viz.

‘The answers therefore which I make to your Lordships two Instru­ments, can be no other then these; 1. Whereas your Lordship inhibi­teth us from proceeding any farther in the cause, the Statute is al­ready executed: Mr. Colmer is ipso facto expell'd, and we need do no more, and we could do no less. 2. Whereas your Lordship requireth us to send an extract of proceedings; this we cannot do; for that we proceeded in the same form that the Statute prescribes in case the Rector be expell'd, summanè, de plano, extrà strepitum Ju­dicialem. He added how much it was a trouble to him, to do or say any thing, that might displease a person to whom he owed so much honour and reverence, but comforted himself with the hopes that his Lordship would ere long justify him in the performance of his duty.’

There is reason to believe that this decent Letter of the Rector, and the Reasons therein contained had some influence upon his Lordship, for that he forbare any farther proceedings for some months: But at last Dr. Masters is Commissionated to receive and determine Mr. Colmer's appeal in a formal visitation.

[Page 16]On the 20 th. day of March 1688/9 being Thursday, the Doctor came to the Rector's lodgings, and told him he had a Commission from the Bishop of Exeter, which he would execute on Saturday following, and then a farther day would be appointed for proceeding. And when he went away from the house, he caus'd to be hung up at the Chappel door a Citation, requiring the Rector and the Senior-Fellows by name, to appear on Saturday in the Chappel, and a time in the forenoon was assigned.

The Rector and Senior Fellows attended at the time and place, where the Rector acknowledg'd the Obedience due to the Visitor both in person, and by Deputy, submitted to his Authority, and spoke otherwise respectively of the Bishop, and suitably to the occasion.

The Commissioner then was for adjourning till Wednesday, but be­ing informed that the Statute of Visitation allow'd but three days at most, and those proximé sequentes, he adjourn'd to the Afternoon; where the Commissary took care to have the Doors open contrary to the intent of the Statutes. When he was proceeding to Mr. Colmer's case the Rector and Major part of the seven Seniors tendred him a Pro­testation against his proceeding therein. Which he accepted, and or­dered to be enter'd: and promised, if they thought fit to make any additions, that they should be inserted. Some debates then arose and the Rector pray'd another day because he had sent for two other Senior Fellows, v. These two Prote­stations Printed at the end of the Book. who were then absent: upon which there was an Adjournment to Tuesday. At which meeting the Rector and five of the seven Seniors tendred another Protestation, which included the former, with an addition in which they complained of, and protested against making the Visitation so publick by keeping open the Door, and admitting a promiscuous crowd of people to be present. But not­withstanding both Protestations were admitted, the Commissary procee­ded; gave sentence for Mr. Colmer to be restored, awarded him twenty Marks for Costs, and wrote his name in the Book with his own hand. At the Commissary's going off, the Rector tendered him the Visitation-fee of twenty shillings, which the Statutes allow, but he refused it.

Though the Rector and Fellows did not acknowledge Mr. Colmer to be a Rightful Fellow of the Colledge, having been legally expelled, and no otherwise restor'd then as aforesaid, yet after the Visitation was o­ver, they did not presently strike his name out of the Book, nor was he disturb'd in his possession. But the Rector having understood that he had been guilty of another Crime of the same kind with the former, resolved to bring that too under Examination, 13th. Febr. An. Regni Secundo. and the rather because of his Majesty's late Order for the punishment of Vice and Debau­chery.

[Page 17]This second accusation, though for a fact precedent to the former, was for incontinence with one Anne Aris, who had been a Bed-ma­ker's Daughter belonging to the Colledge: She had formerly laid her Child to Ferdinand Smith, but had confest privately to her Mother Elizabeth Buckland, and in the hearing of her Sister Joyce Aris, that Mr. Colmer had lain with her as well as Smith; they two told it to Francis Buckland the Father-in-law. But the Mother having a Depen­dance upon the Colledge, took care not to have it go out of the Fa­mily, for fear of losing her Employment; and when her Daughters time drew near, strictly charged her, and so did her Sister, to be sure she said nothing of Mr. Colmer, when under the Midwife's hands: She took their counsel, and named Smith only. Her Mother was afterward troubled that she had prevented her Daughter from telling the truth, and especially when she saw what disturbance had been occasioned in the Colledge through Mr. Colmer's means, which might have been prevented, if she had let the truth come out at first; she therefore took occasion to discharge her mind, and confest the whole matter. Upon which Ann Aris was Examined before a Justice of Peace, and declared as in her Deposition. Her Mother and Sister likewise deposed that she had told them two Months before her lying in, according to the contents of her Oath, and that they had perswa­ded her as aforesaid.

The Rector having these Proofs, Conven'd the Seven Senior Fellows, and summon'd Mr. Colmer, who appear'd. At the beginning of the meeting a Notary was present; and least a President should remain of any allowed to be a Fellow, who had been restored, as Mr. Colmer, upon an Appeal, the Rector declared he did not look upon Mr. Col­mer as a Rightful, but as a pretended Fellow, and that he proceeded against him as such. The matter being then opened, Mr. Colmer insist­ed to have the Sentence of Dr. Master's own'd and submitted to, and the Money paid that was awarded him for Costs; otherwise he refu­sed to answer, and after some Discourse withdrew. But the Rector proceeded, and afrer the Depositions, he was by the judgment of the Rector and the Senior Fellows again convicted; and his Name struck out of the Book.

The Depositions upon which Mr. Colmer was the second time convi­cted of Incontinence, and expell'd the Colledge, are as follow.

The Examination of Ann Aris taken the 11 th. day of January 1689, before Sir William Walker, Knight, one of Their Majesties Justices of the Peace for the City of Oxford.

Exeter-Colledge.THis Examinant saith upon her Oath, That Ferdinando Smith had two times the carnal knowledge of her Body, in a little Room in the Col­ledge, called the Trencher-house, and once in Mr. Crabb's Chamber, who is one of the Fellows.

And this Examinant further saith, That since one Mr. Colmer, one of the Fellows of Exeter Colledge, had the carnal knowledge of her Body in his own Chamber in the said Colledge at two several times.

The said Ann Aris also saith, That she was brought to Bed on New-years day at Twelve of the Clock in the Night, in the year 1688, in her Mother's house, one Goodwife Buckland, in the Parish of St. Michael, in the City of Oxford.

This is a true Copy of the Examination of Ann Aris, taken before Sir William Walker, Knight, one of Their Majesties Justices of the said City of Oxford.

William Walker.

The Certificate of Francis Buckland of the City of Oxford given the second day of July, 1690.

I Francis Buckland do certifie whom it may concern, That my Wife Elizabeth Buckland, and Daugheer-in law Joyce Aris, did acquaint me sometime before Ann Aris was brought to Bed, that Mr. Colmer, Fellow of Exeter Colledge, and Ferdinando Smith, Scrape-Trencher of the same Colledge, had lain with her, and my Wife said she designed strictly to for­bid her mentioning Mr. Colmer at her Labour, for fear she should be turned out of the Colledge, and so lose her place of Bed-maker.

Francis Buckland.

The Deposition of Francis Buckland of the City of Oxford, taken before Sir William Walker, Knight, one of Their Majesties Justices of the Peace for the City of Oxford, the 15 th. of Oxford, 1690.

[Page 19]THis Deponent upon the Oath that he hath taken doth declare, That the Contents of the foregoing Certificates, given by him the 2d. day of July last, were and are true.

Francis Buckland.

The Examination of Elizabeth Buckland, taken upon Oath, March 26. 1690. before Sir William Walker, Knight.

THis Deponent saith, That her Daughter Anne Aris about two Months before she was delivered of her Child, told her and her Daughter Joyce, that Ferdinando Smith and Mr. Colmer Fellow of Exeter Colledge had lain with her: And this Deponent further saith, that the day before, and the same day her Daughter was deliver'd of her Child, she perswaded her said Daughter Ann Aris not to name Mr. Colmer, because she was unwilling to lose her Employment in the Colledge.

William Walker.

The Examination of Joyce Aris the Daughter of the aforesaid Elizabeth Buckland, taken upon Oath at the same time be­fore Sir William Walker, Knight.

THis Deponent being by at the same time when her Mother examined her Daughter, the aforesaid Ann Aris, deposeth that she heard her Sister say, That Ferdinando Smith and Mr. Colmer had lain with her, and also the said Joyce further deposeth, That she and her Mother both did perswade her Sister, the said Ann Aris, not to name Mr. Colmer, for fear her Mo­ther should lose her Employ of Bed-making in Exeter Colledge.

William Walker.

POSTSCRIPT.

SInce these Papers were finished, Mr. Painter, the new pretended Rector and his party, have set on foot another practice, as little warranted by the Statutes of the Colledge, as the rest of the procee­dings above mentioned: They have assum'd a power to themselves of Electing New Officers out of their own party in the room of the old ones, whom the Visitor had as Arbitrarily suspended, and with the assistance of the Youth of the Colledge have placed these New Officers by force and violence both in the Hall and the Chappel, and that whilest the matter of Right is depending judicially before a pro­per Court, and at their own Suit; and they dare to confront the Court of Kings-Bench, which has already declared the pretended Sentence of Excommunication against the Rector to be null and void, by opposing forcibly his entrance into the Chappel under the pretence of his being an Excommunicated person.

The particulars of these disorders are not here intended to be made publick; but their unstatutable proceeding in chusing New Officers as aforesaid, must be taken notice of, and the Authors of these confu­sions put in mind of the Statutes, which they seem to have forgotten.

It is provided by the Statute De Electione Subrectoris & Decani, &c: that their Election shall be, Tricesimo die Junii annuatim modò & formâ subsequentibus, videlicet quod convocatis per Rectorem quinque maximè seni­oribus scholaribus perpetuis tunc in Universitate praesentibus, inquirat di­ctus Rector palam ac publiè suffragia singulorum, quibus suum duplex suffra­gium addat, & ille Subrector habeatur, in quem plura suffragia praedictorum [Page 74] consenserint. Quae similiter forma eligendi Decani semper observetur. So that by the Statute the Election is appointed to be upon a certain day of the year, viz. on the 30 th. of June; and so strict was the Colledge for­merly in observing their Statutes, and of their Oaths, that they con­ceiv'd a just doubt whether or no in any case whatsoever they could proceed to an Election upon any other day: And therefore they pro­posed it as a question to their Visitor in Queen Elizabeth's time, Si forte Subrector, Decanus, &c. Quoquo tempore ante Crastinum Petri fato vel sodalitio cesserit, vel amotus fuerit a Collegio, quum ipso crastino Petri nec aliàs praedictorum Electiones fieri Statuta praescribant, quid interim faciendum? To which the Answer is, Quum quid tale evenerit, alius idoneus in ceden­tis vel amoti officium vacuum a solitis Electoribus juxta Statuta intrà septem dies usque ad crastinum Petri sequentis, nec ultrà ex ea Electione substituatur & eligatur. By this Question and Answer it appears that the Colledge in those days had not the least apprehension of an Officer's place be­coming void otherwise than by Death, Cession or Expulsion; and none of the Officers are either dead, or have made a Cession, or are Expell'd: suspended taliter qualiter they are. But as the Statutes do no where warrant any such thing; so if they did, there could be no ground to chuse new ones in their room, because new ones are not to be chosen but in one of the three cases a forementioned; and if Suspension did war­rant a new Election, it ought to be made within seven days after the Suspension: so that all's wrong. Nor can any pretence of necessity justifie what's done; for if there be any such necessity, it's a necessi­ty that their own illegal and unstatuable procedeings have occa­sion'd.

FINIS.

ERRATA.

PAg. 4. lin. 31. leg. Gigger, Pag. 7. lin. 30. leg. before. Pag. 15. lin. leg. Summa­riè. Pag. 22. lin. 17. dele Senior. Pag. 22. lin. 11. leg. own. Pag. 24. lin. 28. leg. excercebo. Pag. 25. lin. 38, & 39. leg. inquietabo. Pag. 32. lin. 17. leg. minùs. Pag. 36. lin. 4. del. S [...]r. Pag. 63. del. Senior. Pag. 64. lin. 8. leg. effluxerit ibid. lin. 6. leg. Exo­niensi. Pag 67. lin. 30. for Fellows leg. Fellow. Pag. 69. lin. 28. leg. [...]ore.

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