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lands in the county of Oxford, to the use of himself for life; and then upon trust, that out of the issues and profits thereof, the trustees should yearly, for ever, pay to the parson of the church of Sarsden, for the time being, the sum of £50 by half yearly payments, at Michaelmas and Lady-day. And therein taking notice that he had, or shortly would erect a lecture for preaching the word of God in the parish church of Churchill; there followed this further trust, that the trustees should likewise pay yearly out of the issues and profits of the premises, the like sum of £50 to the Lecturer of Churchill; so long as he should continue Lecturer there, and attend the charge of diligent preaching there, once every Sunday, if he should not otherwise by necessity be hindered. And it was by the said indenture declared, that when the place of Lecturer should be void by death, removal, or other departure, the trustees should, from time to time, choose a new Lecturer out of the best scholars of the University of Oxford, to be appointed out of their mere choice, without any suit or means to be made to them for any man. And by the same indenture, the advowson of the parish church of Sarsden, was conveyed to the same trustees, and their heirs, upon trust, to present the Lecturer of Churchill for the time being, to the said church of Sarsden.

By several mesne assignments, this trust estate became vested in the respondents Sir John Walter, Robert Walter, and Sir Robert Burdet.

In 1701, the appellant applied to the respondent Sir John, to get him appointed to this lectureship and accordingly by deed-poll, dated the 16th of March 1701, Sir John, together with Sir Robert Burdet and Robert Walter, appointed the appellant to be Lecturer. This deed was drawn and prepared by Sir John's counsel in London, and sent down into the country to be executed; but several words were interlined in the engrossment thereof, and particularly the words, during the term of his natural life.

[251] The appellant soon afterwards entered upon his lectureship; and for his better accommodation, Sir John permitted him to live at his house at Sarsden, and to have his diet there; and also the use of an out-building adjoining to the house, usually called the Steward's Rooms. But the appellant in a short time, by his imprudent conduct, became greatly in debt; insomuch that he was obliged to withdraw himself and go abroad, where he staid for several years; during which time, Sir John got the lecture supplied at easy rates, and applied the surplus profits towards payment of the appellant's debts.

But the appellant not returning to his duty in any reasonable time, Sir John and the other trustees, on the 24th of March 1709, appointed one Mr. John Griffin to be Lecturer, and from that time paid him the £50 per ann.; and upon his death, the respondent Sturgis was duly appointed Lecturer.

In June 1714, the appellant thought proper to exhibit his bill in Chancery against the respondents, praying an account of the £50 per ann. from the time of his going away, and to be let into the possession of the lectureship, and be paid the growing salary for his life; and also to have the said rooms at Sir John's house settled upon him for life.

The cause being at issue, was heard on the 10th and 11th of May 1720, before the Lord Chancellor Parker, who having taken time to consider, was pleased, on the 28th of the same month, to decree, that the plaintiff ought to have an account of the £50 per ann. till such time as Mr. Griffin was appointed Lecturer; but recommended it to the plaintiff's consideration, whether he would insist upon going into such account, or submit to have his bill dismissed without costs; when the plaintiff insisting upon taking the account, his Lordship decreed, that it should be referred to the Master, to inquire what was due to the plaintiff for the said £50 per ann. from the time of his being appointed Lecturer, to the time that the said Mr. Griffin was appointed Lecturer, by the deed of the 24th of March 1709. But in taking such account, the Master was to make the defendant Sir John Walter an allowance of what he had paid to the said Griffin, and all such other persons as, during the time aforesaid, supplied the said cure in the plaintiff's absence; and also of what the said defendant had paid, for or towards the just debts of the plaintiff, and all other just allowances; and what upon the said account should appear to be coming due from the said defendant Sir John, for the said £50 per ann. after such allowances should be made as aforesaid, it was decreed, that the said defendant should pay the same