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and appellant insisted that the corporation of Coventry ought not to have the surplus rents, 600l. per annum, for which they paid nothing, to their own private uses, and apply only 70l. per annum to the charities; but that the whole improvement ought to be applied to increase all the charities, because it appeared both by the original deed, and the account books of the city of Coventry, that all the lands were purchased with Sir Thomas White's money, intrusted to the city for these charitable purposes: And that the corporation of Coventry were only trustees for him; and that the mayor, steward, and ten aldermen had 4l. per annum, and the town clerk 20s. per annum, given them for their pains in receiving and keeping the accounts, and that no other advantage was intended them; and that if the rents had fallen, each of the charities must have abated rateably, and therefore each ought to have respective benefit of the improvements; and the rather, because Sir Thomas White had by the deed plainly shewed his intention, that all the rents should go to the charities, having thereby disposed of all the rent the lands were then let for to the charities; wherefore appellant insisted that the decree of dismission ought to be reversed, and the increased rents decreed in augmentation of the several charities appointed by the founder. (Robert Breton.)

The respondents, against the reversal, stated, that King Henry the eighth, for 1378l. 10s. 6d. paid by the mayor, bailiffs, and commonalty of the city of [283] Coventry, granted divers of the then late dissolved priory lands in and near Coventry to them and their successors for ever, under the yearly rent of 7l. 13s. 2d. reserved to the crown, and that the charges of passing this grant came to 99l. 0s. 10d. so that the consideration money really amounted to 1477l. 11s. 4d. and that it appeared by their books, that the city of Coventry of this sum received 1000l. from Mr. White, afterwards Sir Thomas White, and raised the rest by money from the common box, a gold ring, and goods pawned or sold; and received the rents and profits from the time of the purchase to the time of making the indentures or articles between the city of Coventry and the merchant taylors of London; and that those articles recited that the mayor, bailiffs, and commonalty, had purchased and bought to them and their successors certain lands of the clear yearly value of 70l. or thereabouts, as appeared by a schedule annexed, and that such purchase was made by the only procurement, aid, and help, of Mr. White, minding thereby to relieve and preserve the commonwealth of the city of Coventry, then in great ruin and decay and that Mr. White, of his goodness, had given and paid to the mayor and aldermen, for the purpose of the purchase, 1400l. and that in consideration thereof the mayor, &c. at the request and mediation of certain friends of Mr. White, covenanted with the merchant taylors and their successors, that they, the said mayor, bailiffs, and commonalty, and their successors for ever, should immediately after Mr. White's death, yearly give, employ, dispose, distribute, pay, and deliver of the issues, revenues, rents, and profits of the said lands and tenements, the sum of 70l. per annum to be distributed as stated by appellant, and that the city of Coventry gave a bond to the merchant taylors in 4000l. penalty to perform these articles, and were subject by their covenants to other penalties for any neglect in disposing the 70l. per annum as aforesaid; and that it appeared by these articles, and some letters of Sir Thomas White's, that he freely gave the city the money they had from him, but it did not certainly appear how the 1000l. he gave them at the time of the purchase was afterwards made 1400l. and that the city, 7th November, 2 Eliz. for a considerable sum of money paid them by Sir Thomas White, granted 40l. per annum for ever out of all their manors and estate to St. John's College, Oxon. and that Sir Thomas White died in 1566, [284] and sometime before his death made it his request to the city of Coventry, by letters and by his will, that they would let his wife have for her life 46l. per annum; and to induce them to it, reminded them how kind he had been to them; and took notice that the rents of this estate were since the purchase improved in a manner double; and Lady White and Sir William Cordell, master of the rolls, one of Sir Thomas's executors, had written to them to the same effect, and that the merchant taylors would consent to it; but the city excused themselves, and did not comply; and stated further, that in 1618, upon some complaint to Lord Chief Justice Hobart, and Mr. Baron Bromley, then Judges of assize for that circuit, as if the charity had been improperly disposed: