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

XXXVII. Item, We article and object to you, the said Dr. Richard Bentley, that in the year 1727, upon the surrender of the said lease, so as aforesaid granted to the said James Bentley, a new lease of the same house and tenements was, by your privity and contrivance, made and granted to Priscilla Bentley for the like term of twenty years, for a fine of twenty pounds only; although the said house and tenements had been actually surveyed by the said James Bentley, and the real value thereof certainly known to you the said Dr. Bentley, before and at the granting each of the said leases. Hocque, etc. Objicimus et articulamur de quibuslibet aliis tempore & summa, etc. Et ut supra.

XXXVIII. Item, We article and object to you, the said Dr. Richard Bentley, that notwithstanding the statutes of the said college severely do forbid the alienation of any part of the estates of the said college, yet you the said Dr. Bentley, in violation thereof, and in breach of your said oath, did, in the year 1712, by your own sole authority, and without the consent of the eight senior Fellows of the said college, bargain and agree to alienate a piece of inclosed ground belonging to the said college, situate in the parish of Kirby Kendall, in the county of Westmoreland, and an indenture bearing date the 23d of December 1712, was, by your privity, procurement, and direction, some time in the month of June 1713, prepared and brought into the chapel of the said college, ready to be sealed, whereby the said piece of inclosed ground was absolutely sold and granted to one Josiah Lambert, and to his heirs for ever, reserving only four shillings per ann. rent to the use of the said college. Hocque, etc. Et objicimus et articulamur de quolibet alio tempore, etc. Et ut supra.

XXXIX. Item, We article and object to you, the said Dr. Richard Bentley, that upon reading of such indenture in the chapel of the said college the time aforementioned, in the presence of the sixteen senior Fellows of the said college, they all unanimously refused to affix the seal of the said college thereto, as being contrary to the 35th of the statutes of the said college, so made and provided by the said Queen Elizabeth. Hocque, etc. Et ut supra.

XL. Item, We article and object to you, the said Dr. Richard Bentley, that some time after the premisses in the next precedent article mentioned, you the said Dr. Bentley caused the before-mentioned indenture, with several rasures, interlineations, and obliterations made therein, to be again brought into the chapel, in order to have the public seal affixed thereto; but the same was again unanimously rejected by all the sixteen senior Fellows, who were then assembled together; and at such time you the said Dr. Bentley sent a threatening message to the said sixteen seniors so assembled, that in case they persisted in refusing to affix the college seal to such indenture, you would not suffer several leases of other estates belonging to the said college, and for which the fines had been actually paid, or agreed to be paid, to be sealed; but notwithstanding such your threats, the said sixteen seniors did again refuse to comply with such your illegal and unjust desire. Hocque, etc. Et ponet ut supra.

XLI. Item, We article and object to you, the said Dr. Richard Bentley, that notwithstanding the premisses, you did on or about the 28th day of November 1713, in breach of your said oath, and in violation of the said statutes, procure the public seal of the said college to be affixed and put to the aforementioned indenture of bargain and sale, and [229] alienation of the said piece of ground; and the said estate is thereby wholly alienated from the said college for ever. Et hoc fuit & est verum objicimus & articulamur de quolibet alio tempore, etc. Et ut supra.

XLII. Item, We article and object to you, the said Dr. Richard Bentley, that you have, at several times since your being Master of the said college, made and caused several leases to be made of tythes, arable lands, meadow and pasture, belonging to the said college, without reserving one entire third part, or any part of the rent, to be paid in corn or in money, according to the market price of corn; and more particularly, in the year 1715, a lease of the parsonage of Swine's-head, together with the rectory or free chapel of Barthorp, in the county of Lincoln, part of the estate of the said college, was, by your means and procurement, made and granted to one William Whiting, for and at the certain yearly rent of £100 without any reserve of rent, to be paid in wheat or malt, or money, according to the market price thereof; and the sum of £100 was then taken as a fine for the granting thereof. Hocque, etc. Et objicimus & articulamur de quolibet alio tempore valore vel summa, etc. Et ut supra.

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