The Fact.

On New-years Night 1688, Anne Aris Daughter to a Bedmaker of the College was brought to bed of a Bastard. Before the next Michaelmass, Anne Spar­row servant to another Bedmaker was delivered of another. Anne Aris laid her Child to Ferdin. Smith Anne Sparrow's Master; who stoutly denied it, and fled to Cornwal about the end of October, furnished with Money by Mr. Colmer Fellow of the College. On the 26^th of January Mr. Colmer went to Cornwal, where he took Ferdin. into his service, and (Aris's Child being dead) brought him home with him to­ward the later end of April, employed him in keeping his own and his friends Horses, and every way che­rished him beyond what he had done before that Journey.

After a while Anne Sparrow's belly spake her with Child, but she obstinately denied it, till within a few weeks before she lay down. Ferdin. then vaunted that he had been wrongfully named Father to a Ba­stard, but this he owned, and let no body trouble themselves, he would maintain it.

This double scandal of two Bastards within three quarters of a year, and the boasts of a Servant (who being in Cornwal at the time when the later was be­gotten, must needs act in behalf of some considerable member of the College) obliged the Rector to wipe off so great a Blemish as this must cast upon his Con­duct, if neglected. And upon enquiry finding the guilt must light upon Mr. Colmer made him acquaint­ed with what he heard: and finding him resolved to stand upon his Justification, was for some weeks in great pain, between tenderness for a Person with whom he had held more familiarity than is usual be­tween the Head and a Junior Fellow of a College on one side, and his care for his Own and his College Repute on the other: and almost resolved to make use of the pardoning Power wherewith the College Statutes entrust him: but the Insolence of Mr. C—'s friends, and the Admonitions of his Own, prevailed with him to bring it to the hearing of those whom the Statute makes Judges in such cases. He therefore appointed a time, giving Mr. C. six days warning to provide for his Defence.

The Proceedings.

About half a year before Anne Sparrow was brought to Bed, and none thought of her being with Child, Joice Aris told Mr. Crabb and some others, that she wondered what ailed A. S. for she heard her curse Mr. C. saying she had reason to curse him for he had undone her: and in that anger refused to go for Wine for him: Before A. S. was delivered she refused for some weeks to do any work, whereof Thomasin her Dame, Ferdin's wife, complained to the Rector's Wife, and afterward told her she was paid for keeping her.

The Coll. Cook being Overseer of the Poor of his Parish came to the Rector's Wife (in the Rector's ab­sence) asking if without offence to her (whom he knew a friend to Thomasin) he might put A. S. into the hands of a Justice so to secure his parish from charge of the Bastard; she readily consented, and the next day asked him what he had done? he winking and smiling said he was satisfied, for he had gotten Security.

When she was delivered, the Rector asked the Cook what security he had; he shewed Ferdin's Bond of Forty pounds, the Rector blamed him as false to his Trust, in taking Bond from one that could not secure the parish from his own children; the Cook answer­ed he had better Security and should not have accept­ed this, if he had not been bid to do it by one that said the parish should not be damnified.

The Midwife said that when she pressed A. S. to name the true Father, Thomasin perswaded her not to urge her any more, for (said she) she hath told me already.

The Rector surprised Thomasin before she had been instructed, and upon examination she acknowledged that she had been paid several weeks for keeping A. S. before she was brought to bed, that she had the Money of her Husband, and he of Mr. C. that A. S. had named Mr. C. for Father, and her self had hindered the Midwife from examining her, because she was loath to have him disgraced before the company that were then in place.

He then also surprised Ferdin. with whom in his study he had this Dialogue. R. What mean you to Father a Bastard that cannot be your own? F. The same Man which is father of this, was father of the other. R. And are not you a sweet Fool to do such service for one that did you such an injury, and would have done the same now if you had not been out of the Country? F. I do not know that this Gentleman perswaded the other Wench to do me that wrong. R. That would have undone you if I had thought you guilty. You know the Sub-Rector in my absence banished you the College for That, and I shall do it for. This, if you tell me not what I ask you. F. The Wench hath named the Father. R. I know it, for your Wife hath already told it: But the Que­stion to which I must have your Answer is this, Who gave you the Money which you paid your Wife for keeping Anne before she was brought to bed, when she could not or would not work? F. It was mine own money which I earned by keeping Horses. R. We all know that you are so far from having Money to spare for keeping such a Wench, that you have not wherewith to keep your self, for it is your Wife that maintaineth you: nor hath she or your children ever had so much of you as she hath had for keeping this Wench. F. The Wench hath been chargeable but one week. R. That's false, she hath been so many weeks: and if you refuse to answer what I ask you when my credit and the credit of my College is so much concerned, you shall have no place in it. F. I know I have alway been obliged by you, I beseech you excuse me, I shall be undone. R. If the loss of your place will undo you, you shall be undone unless you answer me. F. A Gentleman will be Expelled [Page]and I shall lose my Friends. R. Your Friends will all be lost if you lose your place: consider your own interest, and not a man's that hath so much abused you: F. I pray give me 3 or 4 days time. R. To what purpose? F. To speak with my Friend? R. What, to frame a lye? if you mean to speak truth, you need no further time. F. But till to morrow morning. After many words the Rector requiring a present answer and Ferdin. praying time. Ferdin. went away and the next morning came, with his first answer, That he paid his Wife with his own Money.

A. S. was removed from the house where she lay in, and Mr. C. denied not (what after clearly ap­peared) that it was done by his Friends. This was equivalent to a Man's flying when named for Father of a Bastard; and since it appeared to be done to a­void her examination, was taken for no less evidence than if she had sworn what she said. Upon these Evidences and after six days warning the matter was brought to Hearing.

The Conviction.

That Mr. C. offered Money or Rudeness to other young Women (though then testified) is not now insisted on, because it will not amount to such Incon­tinence as deserves Expulsion.

What Joice said concerning Anne's Cursing Mr. C. before she appeared to be with Child (which was con­firmed by Mr. Crabb to whom she then told it) this compared with Anne's naming him for the Father, appeared such a concurse as could not but be true, though either of them single were never so doubtful. The Cook was absent attending the Mayor, the Rector told what he had said, (and he still averreth it) that Mr. C. bid him take Ferdin's Bond, and the Parish should not be damnified.

Thomasin began with a surprising Preface, Sr. I must now tell you what I never told you yet; Anne saith, That Mr. C. never touched her: at which words the Rector said he must expect no truth from her, and then took his voluntary Oath of what she had told him before.

Ferdin. denied nothing of the Dialogue above reci­ted, and being pressed by the Assessors to tell who that Friend was whom he must speak with before he would answer the Rector's question, because if he re­fused to do it, it must lye upon Mr. C. at last after much tergiversation, he said his Wife was the Friend, though he had acknowledged it was a Gentleman that must be Expelled.

In Mr. Colmer's Defence.

To take off the Cook's Testimony it was alledged, that what he spake was publickly in the presence of three whom he named, and all of them were known to be his fast Friends.

Two of them took their voluntary Oaths that Ann had cleared Mr. C. and said, that Goodwife Roberts perswaded her to name him. But Anne was known to be scarce half witted, and the Proverb which saith Children and fools speak Truth, is to be understood of what they speak of their own accord, but when they are in other folks conduct, then they speak as they are prompted; and therefore this was not thought of weight sufficient to answer other Evidences, especi­ally because she ought to have been produced to speak it her self.

So that Mr. C. was found guilty by so many; that the Rector (who was to speak last) could not but declare him Convicted, and consequently Expelled.

The Confirmation.

Himself afterward acknowledged more than once, that he could not blame his Judges, for that himself upon the same Evidences must have judged any other Person guilty, but the Witnesses were &c.

Had he continued in that mind his Disgrace had been the less, but since he took encourage­ment from some that he taketh for his Friends to use his College as rudely as his Women, the Rector in his own Defence found it necessary to seek such other Proofs as might baffle all objections.

The greatest Objection is, That he ought not to be taken for lawfully Convicted, without Witness upon Oath; This, though it hold not in College-Affairs, where the Governour hath no power to administer an Oath, or compel any that is no member of his Body so much as to speak; yet (to avoid cavils) the Rector laboured to have Testimony upon Oath.

Ferdin. and Thomasin who having been Agents must be principal Witnesses said peremtorily they would not swear. He went to Alderman Fyfield, if by any means he might learn from him, where Anne was From him he learned that he had been with her and taken her examination, wherein she freed Mr. C. and said she had lain with a Gentleman of Christ Church and ano­ther of Brasen Nose, but what their Names were, she knew not, nor did himself know what House she then lodged in when he examined her.

☞ This Alderman is a Justice of Peace, a Mercer, Mr. C's Friends and their Pupils are his Customers: he debaseth his Office so low as to go to the (Hutt ra­ther than) House of one of the most profligate Rogues in the Town, to examine (without Oath) a poor Whore, upon whom he executed not the Law, nor took any course to secure the Parish, but left her where he found her, without naming any Father, and refused to make known her hiding Place, that the Parish and College might be righted.

Then the Rector (comparing together Probabili­ties) thought fit to have Anne Aris examined.

Mr. C. told the Rector's Wife that he had given. Ferdin. Forty shillings when (upon Anne Aris's lay­ing her Great-belly to him) he fled to Cornwal, where­upon she then merrily told him, she believed him to be the Father of that Child.

Ferdin. said that the same man was Father of both the Children. Mr. C's extraordinary kindness to Fer­din. was observed to have began about That time. A. Aris before she was known to be with Child had told some young men, that Mr. C. had tempted her as she was rubbing his Chamber. Upon these Suspici­ons a Warrant is obtained from Sr. William Walker, and A. Aris brought before him; where upon Oath she confessed that Ferdin. had had Carnal knowledge of her Body three times, and Mr. C. twice.

About the same time, by a fortuitous concurse able to convince an Epicurean: A. S. was met with: The Rector had caused the Town to be searched for her, thereupon she was conveyed to the great living Forest. The first morning after she was lodged there, look­ing out at a Window she espied one of the College, and with joy called to him, and freely answered what­ever he asked of her: He sending notice hereof to the Rector, was by him directed to have her exami­ned upon Oath by some Justice of Peace; before this direction came she was removed; but after much en­deavour, was found, and examined upon Oath: she swore that she never carnally knew any man but Mr. C. and what she said to Alderman Fyfield concerning a Gentleman of Christ Church, was upon Mr. Cl's and Mr. M's perswasions, who told her that if she accused Mr. C. he must be Expelled, but no one ever perswa­ded her to accuse Mr. C.

That all this and more is true, the Rector is ready prove, challengeth any one that please to put him to a capacity to do it by bringing an Action of Slander against him, and in conformity to the Law against Libels subscribeth his Name.