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The merchant taylors certified in writing that they had frequently visited the town of Coventry, and examined the books, and found that Sir Thomas White's gift was honestly and sufficiently discharged by the mayor and aldermen, though it appeared by the books that the rents were at that time considerably increased, and that only the 70l. per annum was applied to the uses in the articles, which had been over since punctually applied to those uses; save that the four murmuring corporations had not for four or five years past thought fit to accept or call for their 40l. per annum; and that the city of Coventry had quietly received the rents and enjoyed the estate for 150 years; but that the relators of late, pretended that the corporation were not owners of the estate, but bare trustees for the relators, and ought to answer not only the 70l. per annum, but all the profits of the estate ought to be applied to the same purposes; but the corporation insisted, that the conveyance of the inheritance was made to them, and near a third part of the purchase money originally paid by them, out of their own estate, and the rest given by Sir Thomas, and that his bounty had become their property, so that the purchase was to their own use wholly And that the corporation had never conveyed the land itself to the purposes of the charities, but had barely covenanted to apply 70l. per annum of the rents and profits, and that the sums payable out of the estate were limited and certain, and appointed to have continuance and be paid for over, and therefore ought not to be increased: And respondents observed, that these payments were not to begin till after Sir Thomas's death, and that the rents had nearly doubled; so that the entire profits were not [285] originally applied to those uses, and yet never till lately complained of as misapplied; and that when the purchase was made, money was at 10l. per cent. and the times unsettled, and the city would never have sold their goods to buy lands at above 40 years purchase; which, including the charges of the grant, they did here, unless from a certain prospect of an advantage to themselves, by increase of the rents which followed accordingly; and that Thomas White was so far from being owner of the estate, that there needed the mediation of his friends to obtain the 70l. per annum for the charities: And that the title was considered to be so fully in the city, that Sir Thomas was not so much as a party to the articles, nor did he join in, nor so much as declare his consent to the settlement, and that if he had any power over the surplus, he would at some time have claimed it, and needed not to have purchased the 40l. per annum for St. John's College, or have besought them to grant the annuity to his wife, but might have provided for her out of this surplus which then appeared sufficient; and that Sir Thomas's regard for the other four corporations, was small in comparison with Coventry his design in procuring the purchase, being to relieve and prefer the commonwealth of that city; and that even in the settlement of the 70l. per annum, 29l. per annum was fixed for ever in Coventry, and the 40l. loan money continued there for 41 years from Sir Thomas's death, and Coventry was for ever to have it every fifth year, and though in the corporation books the lands were called Sir Thomas White's lands, respondents insisted that that stile was used to distinguish these from other lands of the city, and that all these pretences had been fully heard and debated before the Lord Keeper, assisted by Lord Chief Justice Holt, and the Justices Powell and Blencowe, who after time taken to inspect the evidences, all concurred that the relators ought not to be relieved, and that the information should be dismissed; and against a great clamour which had been made that no accounts had been kept of this estate, and the surplus profits embezzled and spent in corporation feasts, &c. respondents answered, that it appeared by the accounts and proofs that the surplus had been always applied laudably and charitably, and necessarily, to the augmentation of the maintenance of two ministers; the payment of 40l. per annum to St. John's College, the making good the deficiencies of losses in divers other charities, the repair [286] of public buildings, the support of widows, payment of servants, and officers wages, and necessary charities of the government of the corporation, which, with other constant and usual payments, and interest paid for about 2000l. which the city owed, came to near as much as all their receipts; and the respondents finally insisted that the lands when purchased, being designed by all parties for the common weal of Coventry, and employed to the public accounts of the town, that the surplus ought to be applied