Page:The English Reports v1 1900.pdf/922
upon such Fellow of the college as shall be the then senior by degree, as by the statute to which the party proponent refers will appear. Et ut supra.
XVI. Item, We article and object to you, the said Dr. Richard Bentley, that you the said Dr. Bentley, in violation of the said statute, and in breach of your said oath, have frequently, when livings in the gift of the college have become vacant, for private purposes of your own, and in order to carry on your evil practices mentioned in these articles, unstatutably delayed and denied to join in presenting such senior as hath been then statutably qualified to take and hold such living, or any other person whatever thereto, till more than five months have past from the notice of such vacancy. Hocque, etc. Et objicimus & articulamur de quolibet alio temporis spatio, etc. Et ut supra.
XVII. Item, We article and object to you, the said Dr. Richard Bentley, that by the said 11th statute of Queen Elizabeth it is further appointed, that every Fellow of the said college, before he can be chosen a college preacher, shall preach a sermon before the Master for the time being, and the Fellows and Scholars of the said college; and such sermon ought to be approved by the Master and four senior Fellows of the said college. Et ut supra.
XVIII. Item, We article and object to you, the said Dr. Richard Bentley, that you have not for twenty years last past been present to hear any one of the said probation [225] sermons, save and except on the 23d day of August 1719, being on a Sunday, when Mr. Barnwell preached; and on that day you did not come into the chapel till the communion service was begun; but you, the said Dr. Bentley, have frequently, and with great scorn, declared, that you approved and disapproved of such sermons as you were not present at, by report only; and that you did so by Mr. Whitfield's and Mr. Bouquet's sermons in particular. Hocque, etc. Et objicimus articulamur de quolibet alio numero annerum, etc. Et de quolibet alio tempore, etc. Et ut supra.
XIX. Item, We article and object to you, the said Dr. Richard Bentley, that by the 18th chapter of the said statutes it is ordered and provided, that in every week of each term appointed by the statutes of the university, there shall be three disputations in the college chapel; viz. one on Monday, in philosophy, at which the head lecturer is to preside; another on Wednesday, in philosophy or divinity, at which the junior Dean is to preside; and another on Friday, in divinity only, at which the senior Dean is to preside and moderate and that each of such disputations is to continue for the space of two hours, between one respondent and three opponents, on which every fellow and scholar is to perform his part in turn, in person, as appointed, unless excused on some weighty cause, to be allowed of by the Master and Dean of the said college; and in such case, the person so excused may appoint a substitute to dispute in his stead, but is obliged in person to perform the like duty, as soon as the cause on which he was excused is removed or ceases. Et ut supra.
XX. Item, We article and object to you, the said Dr. Richard Bentley, that you have for these twenty years past totally eluded the force and effect of, and have violated the said statute, as is hereafter mentioned; viz. First, by directing and appointing that the term in the college shall begin much later and end sooner than the term in the public university begins and ends; and by such your appointment, the term in the college has very frequently not lasted more than half the public term. Secondly, by suffering the disputations on Mondays and Wednesdays to be totally discontinued, and on those days the respondent reads a thesis only, and no opponents ever appear to dispute; and this through your wilful neglect. Thirdly, by allowing the disputations in divinity on Fridays, to be performed by a respondent and one opponent only, and this exercise is seldom or never performed more than once in each term, and sometimes not at all; and this through your wilful neglect. Fourthly, by allowing the Fellows and Scholars of the said college, without any weighty cause or good and sufficient reason, to appoint substitutes to perform their exercises, and not requiring them, when such pretended cause is removed or ceases, to perforin the same in person; and by reason of this last mentioned neglect in you, there are not now, nor for many years have been, above five of the Fellows of the said college at one time, who have regularly and statutably borne any part in the public disputations, either as respondents or opponents. Hocque, etc. Et objicimus & articulamur de quolibet alio temporis spatio, etc. Et ut supra.
906