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II BROWN.
ELY (BISHOP OF) v. BENTLEY [1732]

have very often called junior Fellows of the said college, who to your knowledge were not deputed by any of the seniors, and who, by their standing and distance from the seniority, to your knowledge, were not capable of being deputed, or of transacting any of the affairs of the said college, to make conclusions, and to do other business, which by the said statute ought to be transacted by the Master and eight senior Fellows, or by their statutable deputies only, and by no other Fellow whatsoever; and such their conclusions, acts, and doings have been constantly entered by you, or by your order, in a book kept for that purpose, as the acts of the Master and eight senior Fellows of the said college. Et hoc fuit & est verum, etc. Et ut supra.

XXVII. Item, We article and object to you, the said Dr. Richard Bentley, that by the 34th of Queen Elizabeth's said statutes it is ordered and provided, that the public seal of the said college shall not at any time be affixed to any instrument or writing whatsoever, but in the chapel, and in the presence of the eight senior Fellows of the said college, and of the eight other Fellows next immediately in seniority to them; and that unless eight of that number should agree with the Master to the affixing the said seal to any writing or instrument, it shall not be affixed thereto, as by the said statutes, to which the party proponent refers, will appear. Et ut supra.

XXVIII. Item, We article and object to you, the said Dr. Richard Bentley, that you the said Dr. Bentley, in breach of your said oath, and in violation of the said statute, have frequently caused the public seal of the said college to be affixed to writings and instruments of great moment and concern, when there have not been sixteen Fellows met together for that purpose; more particularly as in the following articles is mentioned. Et ut supra.

XXIX. Item, We article and object to you, the said Dr. Richard Bentley, that some time in the year 1726, you the said Dr. Bentley caused or suffered the said college seal to be affixed or put to a certain writing or instrument, enabling one John Kent, or some other person in behalf of the said college, to make seisure of a certain quantity of hay in the parish of Over, in the county of Cambridge, in order to commence a law-suit with the said parish, when no more than thirteen of the Fellows of the said college had been assembled together in the chapel; and part of that number, viz. Dr. Ayloffe, Mr. Parne, and others, withdrew from the chapel before the seal was so affixed and put to such writing or [227] instrument, and refused to give their consent thereto. Hocque, etc. Et objicimus & articulamur de quolibet alio tempore, etc. Et ut supra.

XXX. Item, We article and object to you, the said Dr. Richard Bentley, that on the 10th day of August last past, you the said Dr. Bentley, in further breach of your said oath, and violation of the said statute, did cause and procure the public seal of the said college to be affixed and put to a writing, purporting a petition of the Master, Fellows, and Scholars of the said college, to the King's most excellent Majesty, at the sealing whereof, five of the eight senior Fellows were absent from the said college, and had not deputed any other of the Fellows to act in their stead; and two only of the three seniors, who were then present, were consenting thereto, and most of the rest of the Fellows then present were junior Fellows not deputed, nor by their seniority capable of being deputed, to transact any of the affairs of the said college, but were purposely sent for by you to be present thereat, although there were several Fellows at that time in the college, who were of much longer standing than many of those present; and the whole number of Fellows present were fifteen only. Et hoc fuit & est verum, etc. Et objicimus et articulamur, de quolibet alio tempore, etc. Et ut supra.

XXXI. Item, We article and object to you, the said Dr. Richard Bentley, that by the thirteenth of the said statutes it is appointed, that no student whatsoever who is in possession of, or heir apparent to any land after the death of his father, exceeding the sum or rent of ten pounds a year, shall be allowed to appear as a candidate at the usual time of election of scholars into vacant scholarships of the said college, for any such vacant scholarship, as by the said statute, to which the party proponent refers, will appear. Et objicimus & articulamur ut supra.

XXXII. Item, We article and object to you, the said Dr. Richard Bentley, that in the year 1721, there being many scholarships of the said college then vacant, you the said Dr. Bentley, at the usual time of election of scholars into such vacant scholarships in the said year, in breach of your said oath, and violation of the said statute,

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