Page:The English Reports v1 1900.pdf/925
did permit and suffer one Andrew Hackett, who was then heir apparent to an estate in lands of more than the yearly rent of £600 sterling, to appear as a candidate at the said election, for one of the said vacant fellowships; and although it was then objected to you, that the said Mr. Hackett was, by reason of his being heir apparent to such an estate, incapacitated from being a candidate, yet you did not only over-rule such objection, but did give your vote, and procure him the said Andrew Hackett to be chosen a scholar into one of the said vacant scholarships, and did afterwards admit or procure, or suffer him to be admitted into such vacant scholarship, by virtue of such election. Et objicimus & articulamur de quolibet alio tempore, etc. Et ut supra.
XXXIII. Item, Wo article and object to you, the said Dr. Richard Bentley, that by the twelfth chapter of the said statutes it is ordered and provided, that all such scholars of the said college as have completed the degree of bachelor of arts, and such only, shall have a right to become candidates at every election of Fellows of the said college; notwithstanding which, you the said Dr. Bentley, in breach of your said oath, and violation of the said statute, did, at the election of Fellows of the college in the year 1723, allow your own son Richard Bentley, although he had not to your knowledge at that time completed his degree of bachelor in arts, to stand a candidate for a vacant fellowship of the said college; and the said Richard Bentley was then elected into one of the fellowships of the said college then vacant. Hocque, etc. Et objicimus et articulamur de quolibet alio tempore, etc. Et ut supra.
XXXIV. Item, We article and object to you, the said Dr. Bentley, that both before and ever since the said year 1723, you the said Dr. Bentley, in further violation of the statutes, have not suffered, nor would suffer, any person whatsoever to stand as candidates for vacant fellowships of the said college, save bachelors of arts of the third year only; whereby great numbers of other Bachelors who had completed their degrees were every year hindered or prevented from standing, or offering themselves to stand as candidates for such fellowships. Hocque, etc. Et ut supra.
XXXV. Item, We article and object to you, the said Dr. Richard Bentley, that by the oath taken by you, at your admission to be Master of the said college, you are obliged to preserve the whole estate of the said college, and every part thereof, from all waste and diminution; and for the better preservation of the estate and possessions of the said college, it is by the 28th chapter of the said statutes specially ordained and provided, that the Master and Vice-master, the senior Bursar, and one other of the Fellows who is a preacher for the time being, shall every year diligently visit and survey the college estates in such manner, that all the several estates may be visited and surveyed once in three years; but no such progress as required by the said statutes hath at any time been made, [228] either by you the said Dr. Bentley yourself, or by the Vice master, senior Bursar, and one of the Fellows of the said college for the time being, since you the said Dr. Bentley have been admitted into the mastership thereof; neither have you at any time since your being Master of the said college, called upon or required the Vice-master, senior Bursar, or any of the Fellows for the time being, to proceed on such progress or circuit; but you have been wilfully negligent in the premisses. Hocque, etc. Et ut supra.
XXXVI. Item, We article and object to you, the said Dr. Richard Bentley, that for want of such progresses as are required by the last mentioned statute, the improved value of the estates belonging to the said college are not certainly known; and several leases have been let, by your evil contrivances, for much lesser fines than might have been reasonably demanded for the same and more particularly, in the year 1717, a lease of a large house called Massam House, in the city of York, together with several tenements thereto belonging, being all part of the estate of the said college, and in very good condition and repair, and of the yearly value of more than £50 sterling, was by your fraud and contrivance made and granted to your brother James Bentley for twenty years then to come, for the fine or sum of £40 only, and no more; and he the said James Bentley was, by a covenant in the said lease, allowed to receive and take to his own use the arrears of the improved rent of the said house and tenements, which had accrued to the said college, from the expiration of the former lease, and which then amounted to the sum of £30 and upwards. Hocque, etc. Et objicimus & articulamur de quolibet alio tempore, et de quibuslibet aliis talore vel summa, etc. Et ut supra.
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