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monalty of the city of Coventry 1400l. and that the corporation soon afterwards, viz. 19th July, 34 H. 8. with part of that 1400l. viz. 1378l. 10s. with Sir Thomas's consent and procurement, purchased from the King certain lands in and near Coventry, of the yearly value 77l. 11s. 8d. reserving to the crown a fee-farm rent of 7l. 13s. 2d. and afterwards, by indenture under their common seal, dated 19th July, 5 Ed. 6. reciting the purchase, and that it was made by the only procurement, aid, and help of Sir Thomas White, and that said Sir Thomas White had of his goodness, given and paid to the corporation 1400l. to obtain that purchase the Corporation, for the consideration aforesaid, covenanted for them and their successors, with the master and wardens of the merchant taylors of London, and their successors, that they the mayor, bailiffs, and commonalty, and their successors for ever, would immediately after the death of Sir Thomas White, yearly give and employ of the rents of the said lands and tenements 70l. in manner following, viz. 24l. per annum to twelve poor men of Coventry for ever, and also to Coventry 40l. yearly for forty years, for the several charities in the deed mentioned; 20 shillings to the merchant taylors for their pains in taking the accounts of the corporation of Coventry; 4l. yearly to the mayor, steward, and ten aldermen of Coventry, for their pains, and twenty shillings yearly for ever to the town clerk, [281] to keep an account of the rents and profits of the lands and tenements purchased as aforesaid; and in the first year after the said forty years, 40l. to Coventry, for other charities in that deed mentioned; and in the second year after the said forty years 40l. to the town of Northampton, to be lent to four young men of that town in free loan for nine years, and then to be lent to four other young men of the said town for other nine years, and so to continue for ever; and in the third year 40l. to the town of Leicester, to be disposed of in like manner as Northampton; and in the fourth year 40l. to the town of Nottingham, to be disposed of in like manner as Northampton; and in the fifth year 40l. to the town of Warwick, to be disposed of in like manner as Northampton: and so 10l. yearly alternately to Coventry, Northampton, Leicester, Nottingham, and Warwick, until one hundred years were expired; and from the expiration of those 100 years, such circulation of the 40l. to continue for ever through the first five towns, and the whole 40l. in every town to be lent to one young man in free loan for nine years, and afterwards to another young man for nine years, and so to continue for ever: And that Sir Thomas White enjoyed the lands until his death in 1566; and though some time before his death the lands were let for 79l. 10s. 10d. per annum, which is 1l. 19s. 2d. more than when purchased, yet the corporation of Coventry accounted with him for the whole 79l. 10s. 10d. and that immediately after Sir Thomas's death, the corporation of Coventry had bought a great book to keep an account of the rents and profits of the said land, and had entered therein the particulars of the estate, and a particular entry whereby they acknowledged that Sir Thomas White had given those lands with the increase to the city of Coventry, and the other corporations for charity: And appellant stated further, that the rents of those lands had for many years past increased from 70l. to 700l. per annum, without any expence or charge of the corporation of Coventry. And that this corporation had only applied 70l. per annum to the charities; and disposed of all the increase at their own pleasures, and that the corporation of Coventry had by the deed the whole benefit of the charity for forty-one years, after the death of Sir Thomas White, except 20s. per annum to the Merchant Taylors; and that the other corporations not having the deed, or any copy of it, were ignorant [282] of the improvement of the fund till about seven years ago, and received what the corporation of Coventry paid them, which was only 40l. per annum; but that about seven years ago a difference arose amongst the aldermen of Coventry about dividing the surplus rents, and some of the members thereupon intimated this improvement of the fund to the other four corporations; who thereupon were advised by council, that all the improved rents ought to be applied to enlarge the charities according to their respective proportions; and about seven years since, on the behalf of themselves and the inhabitants of the city of Coventry, exhibited an information in Chancery in the name of the then Attorney General, for relief in the premisses: And that that information was upon hearing, in December, 1700, dismissed by the Lord Keeper; and from this dismission was the present appeal;
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