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was registered, as required by the statute 10th and 11th Charles I. nor was any counterpart of either filed in the college registry, nor any fee paid to the register, pursuant to the act of 12th George II. That the execution of the two last leases was witnessed by Dr. Stokes, one of the senior Fellows, [526] and at that time the senior Register of the college, who, as such, had in his hands the registry book, in which he entered the transactions of the college. That at the time of the execution of those leases, Dr. Andrews delivered to Dr. Stokes a paper, all in his own handwriting, in the following words, viz.

This day the college seal was affixed to a lease, made by the Provost to William Gamble, Esq. of the Provost's estate in the county of Galway, for twenty-one years from the 1st June, at the yearly rent of £195. The same day the college seal was affixed to a lease made by the Provost to William Gamble, Esq. of lands belonging to the Provost in the county of Meath, for the like term of twenty-one years, from 1st June 1773, at the yearly rent of £210.

That Dr. Stokes having been called upon by Dr. Andrews to witness these leases, objected, that the Fellows and Scholars had not consented; that they had not been informed of the transaction; and that therefore the leases should be under the seal of Dr. Andrews, and not under the college seal: but Dr. Andrews replied, that he was advised by his counsel, that the leases should be drawn and executed in that manner, and as Provost, directed Dr. Stokes, as Register, to make the entry in the Register's book, which he accordingly did, though no entry ought to have been made therein except at a board, and no board was held on that day. That before the Provostship of Dr. Andrews, no lease had ever been made by any preceding Provost of any part of the Provost's estate, in trust for himself, or for the purpose of giving his representatives a benefit, to the prejudice of his successors; and that the said contrivances were made use of by Dr. Andrews, to give these leases the sanction of having the consent of the body at large, though contrary to the truth. That Dr. Andrews died on the 12th of June 1774, having by his will, without date, made such disposition of his leasehold interests in the counties of Galway and Meath, and such bequest to the Provost of Trinity College, as are before-mentioned. That the appellant, before he entered into possession of the Provost's house, gave notice in writing to the representatives of Dr. Andrews, that he would not submit to the will, so far as it related to the disposition of the leases; and that it was his intention to controvert the same, and that he was ready to relinquish all benefit under the will, in case it was necessary to carry his said intentions into execution: and that the book-cases, busts, lustres, and furniture, were of inconsiderable value, and part of the furniture was purchased at the expence, and was the property of the college. That it was the intention of the college statutes that the salary, and other income intended for the support of the Provost, should increase in proportion as the funds increased; and therefore the statutes directed, that a moiety of the annual value should be reserved to the college, in the name of rent, in all leases made by the body at large; that it was not the intention of the said statutes, nor of the act of 10th and 11th Charles I. that the Provost should make leases at a lower rent than the body at large was capable of doing; and it was the intention of the statute 17th [527] and 18th Charles II. that the succeeding Provosts should from time to time receive the rents, according to their full value, for their maintenance. That no preceding Provost had ever reserved less rent to his successors than he had received himself, and that it was not just in Dr. Andrews to bind his successors by covenants, to make good the quiet enjoyment, under leases so injurious to them and the college. That Dr. Andrews, who as Provost held the college seal as trustee for the college, and as head of that body, committed a breach of trust, by using it without the knowledge of that body, for his own purpose, to the prejudice of his successors; and that the leases recited an untruth, in reciting that the Fellows and Scholars had consented and assented thereto. That the college seal affixed to the leases. being evidence at law of such assent and consent, the appellant was under the necessity of resorting to a Court of Equity for relief. That Dr. Andrews, in exerting the authority of Provost, by obliging Dr. Stokes to make entries of the leases in the college registry, without the knowledge of the senior Fellows, and on a day when no board was held, and in opposition to Dr. Stokes's remonstrance, acted contrary to the duties of his office. And that the leases of the 6th of August 1773, the affixing the college seal, and the entries in the register book, imported,