the case of Thetford school c upon a private bill exhibit in the parliament  for erection of a free school maintenance of a preacher and of poor people  sure poor man and poor woman accord to the will of sir Thomas fulmerston  knight a question be move by the lord and be such land of the valve of a year   Elizabeth be devise by will in write to certain person and their heir for the  maintenance of a preacher four day in the year of a master and usher of a free  grammar school and of certain poor people and a special distribution be make  by the testator himself in the same will among they of the revenue sure to the  preacher a certain sum and certain sum to the schoolmaster and usher and to  the poor people amount in the whole to a per annum which be the yearly profit  of the land at that time and afterward the land become of great valve  videlicet the valve of a per annum now question be move if the preacher school  master usher and poor shall have only the certain sum appoint to they by the  founder or that the revenue and profit of the land shall be employ to the  increase of the stipend of the preacher school master usher and poor if any  surplusage do remain how it shall be employ and it be resolve on hear of  Council learned on both part several day at sergeant inn by the two chief  justice and justice Walmsey to who the lord refer the consideration of the  case that the revenue and profit of the say land shall be employ to the  increase of the stipend of the preacher school master c and poor and if any  surplusage do remain it shall be expend for the maintenance of a great number  of poor c and nothing shall be convert by the devisees to their own use so in  the case in question where land in Croxton in the county of Norfolk be devise  by sir Richard fulmerston to his executor to find the say work of piety and  charity with such certain distribution as be aforesaid and now the valve of  the manor be great increase that it shall be employ in performance and  increase of the say work of piety and charity institute and erect by the  founder for it appear by his distribution of the profit that he intend all  shall be employ in work of piety and charity and nothing shall be convert to  the private use of the executor or their heir and this resolution be ground on  evident and apparent reason for as if the land have fall in valve the preacher  school master c and poor people shall lose so when the land do increase in  valve by the same reason they shall gain and they say that this case do  concern the college in the university of Cambridge and Oxford and other  college c for in old time when land be of small valve victual then be cheap  and be give for the maintenance of poor scholar c and that every scholar c  shall have d or d ob a day that then such small allowance be competent in  respect of the price of victual and the yearly valve of the land and now the  price of victual be increase it shall be injurious to allow a poor scholar d  or d ob a day which can keep he and to convert the residue to private use  where in right it ought to be employ to the maintenance or increase if it may  be of such work of piety and charity which the founder have express and  nothing to any private use for every college be seize in jure college  sure to  the intent that the member of the college accord to the intent of the founder  shall take the benefit thereof and that nothing shall be convert to private  use parish to be needy vita poor man et who cheat eos a human being blood be  and afterward upon conference have with the other justice they be of the same  opinion and accord to their opinion the bill pass in both house of parliament  and afterward be confirm by the king assent note reader there be a good rule  in the Act of parliament call to cause to stand of ita always quoth pia et  frequented will a giver in omnibus to hold et to fill up et  without interruption to make sacred to abide