Page:The English Reports v1 1900.pdf/919
Whereas, by virtue of his Majesty's writ of error, returnable into the House of Lords in parliament assembled, a record of the Court of King's Bench was brought into this High Court, [238] the 11th day of February in the year of our Lord 1731, with the transcript thereof, wherein Thomas, Lord Bishop of Ely, is plaintiff, and Richard Bentley, Doctor in Divinity, Master of Trinity College in Cambridge, defendant, in order to reverse a judgment given in the said Court of King's Bench, in an action upon a prohibition, in which the said Dr. Bentley, who sued as well upon his own as upon the King's account, was plaintiff, and the said Lord Bishop of Ely defendant, upon which said writ, errors being assigned by the said Bishop of Ely, and issue joined by the said Dr. Bentley, and counsel on both sides having been heard several days, as well in the last, as in this present session of parliament, and the Judges having delivered their opinions in relation to matters of law to then proposed; and due consideration and debate having been had, of what was offered on either side in this case; it is ordered and adjudged, by the Lords Spiritual and Temporal in parliament assembled, that the said judgment given in the Court of King's Bench, in an action upon a prohibition, be, and the same is hereby reversed: and it is hereby further ordered and adjudged, that a consultation be and is hereby granted with respect to the 6th article, except as to these words in the latter part thereof, viz. [and suffered or permitted the officers of the said college in like manner to neglect the same,] touching which words, the prohibition is to stand; and that a consultation be also granted with respect to the 10th, 11th, 12th, 13th, 27th, 28th, 29th, 30th, 38th, 39th, 40th, 41st, 52d, 53d, 57th, 58th, 59th, 60th, and 61st articles; but as to the 5th, 7th, 8th, 9th, 14th, 15th, 16th, 17th, 18th, 19th, 20th, 21st, 22d, 23d, 24th, 25th, 26th, 31st, 32d, 33d, 34th, 35th, 36th, 37th, 42d, 43d, 44th, 45th, 46th, 47th, 48th, 49th, 50th, 51st, 54th, 55th, 56th, 62d, 63d, and 64th articles, it is hereby further ordered and adjudged, that the prohibition do stand as to those articles and it is hereby further ordered, that the plaintiff in error do pay, or cause to be paid to the defendant in error, the sum of £100 for his costs.
(Jour. vol. 24. p. 116, 124, 128, 129, 171, 172, 174, 175, 177. 179, 180, 182, 183, 186.) (See note 2, p. 916.)
Note 1.—[222] Imprimis, We article and object to you the said Dr. Richard Bentley, that you the said Dr. Richard Bentley do know, believe, and have heard, that Queen Elizabeth, of blessed memory, formerly Queen of this realm, did by letters patent, bearing date the 4th of the calends of April, in the second year of her reign, make, constitute, appoint, and ordain certain rules, constitutions, or statutes, for the good government, order, and discipline, and for the better preservation of the estates, and administration of the revenues of the royal college of the holy and undivided Trinity of the university of Cambridge, of the foundation of King Henry the 8th, her father: and the said statutes were by her confirmed under the broad seal, and received and accepted by the Master, Fellows, and Scholars of the said college. Et hoc fuit & est verum, et objicimus & articulamur conjunctim & divisim & de quolibet.
II. Item, We article and object to you the said Dr. Bentley, that in and by the 40th chapter of the said statutes, the Bishop of Ely, for the time being, is appointed, authorised, and empowered at any time to examine the Master of the said college, upon and concerning sundry great and enormous crimes, in the latter member of such statutes particularly enumerated and expressed; as in and by the said statutes now remaining among the archives of the said college, to which the party proponent refereth himself, doth and may appear. Et hoc fuit et est verum, d objicimus & articulamur ut supra.
III. Item, We article and object to you, the said Dr. Richard Bentley, that you the said Dr. Richard Bentley was, in and about the year 1699, by a grant, or letters patent from his late Majesty King William the Third, constituted and appointed Master of the aforesaid college of the holy and undivided Trinity in Cambridge, and was afterwards duly admitted Master thereof, and have ever since possessed and enjoyed, and do now possess and enjoy the said mastership. Et hoc fuit et est verum, & objicimus & articulamur ut supra.
IV. Item, We article and object to you, the said Dr. Richard Bentley, that you the said Dr. Richard Bentley did, at the time of your admission into the mastership of the said college, take the oath enjoined and prescribed by the second of the said
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