brown case the town OF salop appellant attorneygeneral and other respondent  that February Mews dig three a corporation nominate a schoolmaster contrary to  the particular tenor of their charter be liable to cost bunb king Edward VI by  letter patent date the that of February find a free grammar school in  Shrewsbury in the county of Salop for the instruction of youth to consist of  one schoolmaster and one Underschoolmaster to continue for ever and for the  maintenance of the say school grant to the then bailiff and burgess of the  town of Shrewsbury and their successor the tithe of several parish and land  therein mention worth pound per annum and give power also to the say bailiff  and burgess and their successor of name and appoint a schoolmaster and  UnderSchoolmaster of the say school as often as the same become void and that  the bailiff and burgess with the advice of the bishop of Litchfield and  Coventry for the time be shall and may make fit and wholesome statute and  ordinance in write concern the order government and direction of the  schoolmaster and scholar and the stipend of the schoolmaster and other thing  touch the government preservation and disposition of the rend and revenue  appoint or to be appoint for the support of the say school which statute and  ordinance be so make shall be keep inviolable for ever queen Elizabeth by  indenture date the d day of may in the that year of her reign and make between  her and the bailiff and burgess of the say town of Shrewsbury for the  advancement and better maintenance of the say grammar school and for the  maintenance of divine service in the several chapel thereinmentioned do grant  unto the say bailiff and burgess and their successor the reversion of several  tithe and hereditament therein mention and in consideration thereof the  bailiff and burgess for themselves and their successor do covenant with the  queen her heir and successor to employ and bestow the residue of all the  revenue after payment of several pension therein mention for the better  maintenance of the say free grammar school find by king Edward VI accord to  such order and constitution as shall be take in that behalf by Thomas Ashton  clerk then head schoolmaster and if he die before then accord to such as the  bishop of Litchfield and Coventry and the dean of Litchfield shall make  concern the say revenue with a proviso if the bailiff and burgess do not  perform their covenant for the queen to reenter by indenture tripartite date  the that of February make between the bishop of Litchfield and Coventry of the  first part the bailiff and burgess of Salop of the second part the master and  fellow of saint John college in Cambridge and Mr brown Ashton then late head  schoolmaster and Mr Laurence the then present head schoolmaster of the three  part recite the say former grant and that the bailiff and burgess have by  advice of the say bishop make order in write for the government of the school  pursuant to the grant of king Edward VI and that Mr Ashton have make order  accord to the effect of the queen letter patent without fraud it be agree by  all the party to this indenture to perform the say order and constitution in  the schedule thereto annex and use all the lawful mean to redress the breach  thereof to this deed two set of ordinance be annex videlicet one make by Mr  Ashton with the approbation of the bailiff and burgess and the advice and  consent of the bishop of Litchfield and Coventry consist of twentyone  ordinance concern the revenue and other matter relate to the school and the  other consist of thirtyeight ordinance or bylaw make by the bailiff and  burgess with the consent of the bishop and Mr Ashton concern the government  quality manner and learning as also the election admission expulsion and other  thing relate to the schoolmaster and scholar of the say school by the seven  ordinance make by the bailiff and burgess it be ordain brown er p that there  shall be three schoolmaster call the head schoolmaster the second schoolmaster  and the three schoolmaster and when any of the three room of the say  schoolmaster shall be vacant the other schoolmaster or schoolmaster shall  forthwith give notice to the bailiff of the town which bailiff shall have the  nomination and appointment of the say schoolmaster with the advice of the  bishop of Litchfield and Coventry for the time be accord to the tenor true  meaning and effect of king Edward vi s patent nevertheless to the intent that  such schoolmaster may be from time to time elect of such as shall be best able  to supply those function or room and of such as have be or shall be scholar in  the say school if any such there shall be it be ordain that the bailiff of the  say town shall from time to time within twenty day next after such notice to  they give give advertisement and knowledge of such avoidance to the master and  fellow of saint John college with request to they to elect and send to the say  bailiff one able meet and apt man for that purpose with the testimony of his  conversation by letter under their seal of office to be by they elect for ever  under the several qualification and in manner and form follow videlicet of  such as be or shall be bear within the town of Salop be the legitimate son of  a burgess there and have be a scholar in the say free school if any such there  shall be and in default thereof then of such as be or shall be bear within the  liberty and franchise of the say town or in the abbey forget adjoin to the say  town be the legitimate son of a burgess there and have be a scholar in the say  school if any such shall be and in default thereof then of some sufficient man  bear in the county brown of Salop and bring up in the say school and in  default thereof then of some sufficient man bear in any other county by the  eight ordinance it be ordain that the schoolmaster so to be appoint at his  come from the college shall first repair to the bishop of Litchfield and  Coventry to be by he allow and swear accord to the statute of the realm and  then to bring with he the say bishop testimonial under his hand and seal and  then to be allow of by the bailiff if they shall so think worthy of he and if  the bailiff shall mislike of such person upon cause reasonable then they be  forthwith to certify such cause of their mislike to the master and fellow of  the say college and thereupon they be to make a new election in form aforesaid  of another schoolmaster or schoolmaster to supply the room so void and he to  commend and send to the bailiff as aforesaid in July the appellant nominate  Hugh Owen clerk to be head master of the say school upon the resignation of Mr  Richard Lloyd and in Michaelmas term follow a information be file in the court  of exchequer by the attorneygeneral at the relation of the college against the  appellant and the say Mr Owen set forth inter alian the several matter before  mention and that upon a vacancy of head master of the school in June the  appellant without any advertisement or notice give to the respondent or a  testimonial from the bishop undue place Mr Owen in the say school who be not a  master of Art or of any stand in either of the university or in any respect  qualify to be head master accord to the say seven and eight ordinance and  therefore pray that the appellant may discover the premise and set forth all  the ordinance and how the schoolmaster have from time to time be choose and  whether they have not be always recommend by the college and that they may  discover all deed grant and other entry and memorandum relate to the election  of schoolmaster by the say college and that the schoolmaster may be elect from  time to time pursuant to the ordinance and that the say ordinance or such of  they as appear reasonable for govern and order the affair of the school may be  establish by the decree of the court to this information the appellant put in  their answer under their common seal and thereby confess the several grant and  the say indenture tripartite with the ordinance thereto annex but insist that  by the charter of king Edward VI they have the sole power of nominate the head  and second schoolmaster of the say free grammar school exclusive of the bishop  of Litchfield and Coventry and the relator and they admit that they do refuse  to give advertisement to the college to send a fit person to succeed Mr Lloyd  as head schoolmaster on the that of may the cause be hear before the Lord  chief baron Gilbert brown er p Mr baron price Mr baron page and Mr baron hale  when upon read the charter of Edward VI the grant of the that Elizabeth and  the indenture tripartite of the brown that Elizabeth with the several  ordinance or bylaw thereto annex and likewise a ancient book of entry of  several letter and other original letter from the bailiff under their  corporation seal and hear what be allege by counsel on both side the court  declare the seven and eight ordinance or bylaw to be just and reasonable and  make pursuant to the intent of the say charter of king Edward VI and thereupon  unanimous order adjudge and decree that the relator shall elect a fit person  pursuant to the direction give by the say seven and eight ordinance that Mr  Owen the then head schoolmaster not be choose pursuant to the say ordinance  and charter of king Edward VI shall be displace and that the mayor and  corporation shall proceed forthwith to a new election of a head schoolmaster  pursuant to the direction of the seven and eight ordinance or bylaw and order  cost to be pay to the relator to be tax by the deputy remembrancer from this  decree the corporation appeal and on their behalf it be contend c Talbot I  will that by the letter patent of Edward VI the sole power of appoint the  schoolmaster be grant to the bailiff and burgess and their successor and that  the power thereby give they with the advice of the bishop of Litchfield and  Coventry to make ordinance and bylaw respect only the order government and  direction of the school the stipend and salary of the schoolmaster and other  thing relate to the school and the rend and revenue thereof but not to the  election or appointment of the schoolmaster that no alteration as to this  election or appointment be make by the indenture of the d of may that  Elizabeth but all that the appellant predecessor thereby covenant to do be to  pay the several stipend therein mention and to indemnify the crown against the  same and to employ the residue of the revenue for the better maintenance of  the school accord to such order as shall be take by the say Thomas Ashton or  if he die before any such order then accord to such as shall be take by the  bishop and the dean of Litchfield it be therefore insist that the power of  appoint schoolmaster which by the letter patent of Edward VI be vest in the  bailiff and burgess still remain in the appellant for this be a trust repose  by the crown in the bailiff and burgess and their successor they can not  divest themselves of such power or transfer it to any other person consequent  that the seven and eight ordinance which be endeavour to be establish by this  decree so far as they concern the election of the schoolmaster be absolute  null and void as not be warrant by the letter patent but be repugnant thereto  and contrary to law on the other side it be argue p York t Lutwyche that the  ordinance make by the bailiff and burgess with the consent of the bishop of  Litchfield and Coventry and those make by Mr Ashton be strict pursuant to the  tenor of the charter of king Edward VI and be put into write accord to the  direction of that charter and that no alteration be therein make save only  that the queen brown have by her grant give a additional revenue of pound per  and to the school and for other pious purpose instead of two master mention in  the first charter the school be then enlarge and another master add thereto  that these ordinance have be strict observe by all the bailiff and burgess for  the time be and since by the mayor of Salop for year and upward and the  bailiff or mayor constant give notice of the vacancy of a head schoolmaster to  the master and fellow of saint John college in order for they to elect a fit  person accord to the seven and eight ordinance as appear by the entry of  letter to and from the college for that purpose ever since nor be there one  instance of a head schoolmaster be otherwise elect till the present that Mr  Lloyd the last head schoolmaster be oblige by a decree of the court of  chancery to surrender his place for breach of the six ordinance wherein it be  ordain that no head master of the say school can be capable of have any cure  of soul and at the same time keep the say school which plain show that the  mayor and corporation apprehend the ordinance to be just and still in force  that these ordinance have also receive the sanction of the court of chancery  so long ago as the that of James I when in a cause between the then head  master of the school and the bailiff of the town brown er p relate to some  misdemeanour of one Gittings the second master in breach of the ordinance the  Lord chancellor Ellesmere decree that the say Gittings shall depart from the  say school and that the master and fellow of saint John college shall  forthwith be acquaint therewith and proceed to a new election for that purpose  accord to the true meaning of the say ordinance that it may be of mischievous  consequence to suffer the corporation to depart from these ordinance and  thereby get to themselves the entire nomination and election of the head  schoolmaster for by the say indenture and ordinance the head schoolmaster be  in the nature of a trustee or check upon the corporation that the revenue of  the school may not be misapply or embezzle for the preservation of which the  head master by the follow ordinance have the chief management and government  by the sixteenth ordinance make by Mr Ashton the bailiff be to be yearly swear  in the presence of the head master to observe the ordinance relate to the  school revenue by the fourteenth No lease of the revenue can be grant without  be countersign by the master by the seven the head master be to have the  custody of one of the four key of the treasury where the stock remanent be  keep in the say town by the eight No money be to be dispose of out of the  stock remanent exceed pound without the consent of the head master and saint  John college under their common seal and by the seventeenth ordinance make by  the bailiff and burgess with the advice and consent of the bishop and Mr  Ashton No second master be to be choose without the consent of the say bishop  and the head master it be therefore pray that brown the decree make by the  baron of the exchequer may be affirm with cost accord after hear counsel on  this appeal it be order and adjudge that the same shall be dismiss and the  decree therein complain of affirm jour vol p