Page:The English Reports v1 1900.pdf/1041
[402] Case 10.—The Town of Salop,—Appellants; Attorney-General, and Others—Respondents [28th February 1726].
[Mews' Dig. iii. 433.]
Bunb. 215.
King Edward VI. by letters patent, dated the 10th of February 1552, founded a Free Grammar School in Shrewsbury, in the county of Salop, for the instruction of youth, to consist of one Schoolmaster, and one Under-schoolmaster, to continue for ever; and for the maintenance of the said school, granted to the then Bailiff's and Burgesses of the Town of Shrewsbury, and their successors, the tithes of several parishes and lands therein mentioned, worth £28 per annum, and gave power also to the said Bailiffs and Burgesses, and their successors, of naming and appointing a Schoolmaster and Under-Schoolmaster of the said school, as often as the same became void; and that the Bailiff and Burgesses, with the advice of the Bishop of Litchfield and Coventry for the time being, should and might make fit and wholesome statutes and ordinances in writing, concerning the ordering, government and direction of the Schoolmasters and scholars, and the stipends of the Schoolmasters, and other things touching the government, preservation, and disposition of the rents and revenues appointed, or to be appointed for the support of the said school; which statutes and ordinances, being so made, should be kept inviolable for ever.
Queen Elizabeth, by indenture, dated the 23d day of May, in the 13th year of her reign, and made between her and the Bailiffs and Burgesses of the said town of Shrewsbury, for the advancement and better maintenance of the said Grammar School, and for the maintenance of divine service in the several chapels therein-mentioned, did grant unto the said Bailiffs and Burgesses, and their successors, the reversion of several tithes and hereditaments therein mentioned; and in consideration thereof, the Bailiffs and Burgesses for themselves and their successors, did covenant with the Queen, her heirs and successors, to employ and bestow the residue of all the revenues, after payment of several pensions therein mentioned, for the better maintenance of the said Free Grammar School, founded by King Edward VI. according to such orders and constitutions as should be taken in that behalf by Thomas Ashton, Clerk, then Head Schoolmaster; and if he died before, then according to such as the Bishop of Litchfield and Coventry, and the Dean of Litchfield should make concerning the said revenues; with a proviso, if the Bailiffs and Burgesses did not perform their covenants, for the Queen to re-enter.
By indenture tripartite, dated the 11th of February 1578, made between the Bishop of Litchfield and Coventry of the first part, the Bailiffs and Burgesses of Salop of the second part, the Master and Fellows of St. John's college in Cambridge, and Mr. [403] Ashton, then late Head Schoolmaster, and Mr. Lawrence, the then present Head Schoolmaster, of the third part; reciting the said former grants, and that the Bailiffs and Burgesses had, by advice of the said Bishop, made orders in writing for the government of the school, pursuant to the grant of King Edward VI.; and that Mr. Ashton had made orders, according to the effect of the Queen's letters patent, without fraud; it was agreed by all the parties to this indenture, to perform the said orders and constitutions in the schedules thereto annexed, and use all the lawful means to redress the breach thereof.
To this deed, two sets of ordinances were annexed; viz. one made by Mr. Ashton, with the approbation of the Bailiffs and Burgesses, and the advice and consent of the Bishop of Litchfield and Coventry, consisting of twenty-one ordinances, concerning the revenues and other matters relating to the school; and the other, consisting of thirty-eight ordinances, or bye-laws, made by the Bailiffs and Burgesses, with the consent of the Bishop and Mr. Ashton, concerning the government, qualities, manners, and learning, as also the election, admission, expulsion, and other things relating to the Schoolmasters and scholars of the said school.
By the seventh ordinance, made by the Bailiffs and Burgesses, it was ordained,