The Sun.
London, England, 1834-07-17 00:00:00

HOUSE OF LORDS.-(THIS DAY.)

The LORD CHANCELLOR, the Marquis of WESTMINSTER, and
the Bishop. of HEREFORD, sat in the House of Lords to-day, to
hear English Appeals.
THE ATTORNEY-GENERAL V. THE PRINCIPAL AND SCHOLARS OF

THE KING'S HALL AND COLLEGE OF BRAZENNOSE, OXFORD.
This was an appeal from the decision of the present Master
of the Rolls, dismissing the information which had been filed
by the appellants without costs. The information was filed by
his Majesty's Attorney-General at the relation of Lord Suf-
field and Mr. Alexander Nowell against the respondents, who
were the Governors of Middleton School, in the county
of Lancaster, praying that an account might be taken
under the direction and decree of the Court of
the estates belonging to the Charity in question, and
of what was due:from the Respondents in the character of Gover-
nors ; and for a reference to the master to approve of a scheme
for the future regulation of the Charity, and also for a Re-
ceiver.

Queen Elizabeth, by letter dated the 11th of August, 1552,
upon the petition of Alex. Nowell*, the then Dean of St.
Pauls, created and founded a grammar school at Middleton,
in Lancashire, with one master and one under-master, to be
called the " Free School of Queen Elizabeth, in Middleton," and
after naming Mr. Edmund Ireland to be the First Master, her Ma-
jesty willed and ordained that any subsequent master should, dur-
ing the life of Alex. Nowell, be appointed by him, and after
his death by the principal and scholars of Brazennose College,
and her Majesty also appointed the principal and scholars of
Brazennose College to be governors of the school, and incor-
porated them by the name of the principal and scholars of
King's Hall and College of Brazennose in Oxford, Governors
of the Free School of Queen Elizabeth in Middleton ; and
further ordained that there shall be of her own foundation in
the College of Brazennose, six scholarships, to be elected from
the Middleton Free School, or other schools in the county
of Lancaster, the nomination of those scholars to be in Alex-
ander Nowell during his life, and afterwards in the Principal
and scholars of Brazennose. Her Majesty also gave power to
Alexander Nowell and his executors to found seven other
scholarships, with such stipends as he or his executors should
appoint; and also gave to Alexander Nowell during his life,
and to the respondents at his decease, the gOvernment of the
school, and the disposition of its rents and revenues. For the
furtherance of this object, her Majesty granted to the Prin-
cipal and scholars of Brazennese certain annual rents,
and profits amounting to the sum of 201. yearly, and also her
two third parts of the manor of Boyton Hall, to be held by
them for ever, for the purpose of paying annually to the
master 20 marks, and to the under-master 10 marks, and to
each of the six scholars 5 marks ; also giving liberty to the
respondents, or any other person, to take other land not
exceeding the yearly value of 1001., for the purpose of
increasing the foundation of the school. Two other in-
dentures, of the dates of the 30th April, 1532, and the 25th
of October, 1574, were executed—the former between the
principal and scholars of the first part, Alexander Nowell,
Dean and Chapter of St. Paul's, of the second part, and Mr.
W. Cotton, who held the manor of Boyton Hall from the
Dean and Chapter of St. Paul's, of the third part. That in-
denture, after reciting a doubt on the validity of the Queen's
grant of the two-third party of Boyton, on the ground that
the Crown never had seisen of the premises, confirmed the
title of Cotton, upon the annual payment of a certain
sum by him to the Dean and Chapter, which sum the
Dean and Chapter expressed an intention to grant to
the principal and scholars of Brazennose. By the next
indenture the Dean and Chapter of St. Paul's covenanted to
pay to the principal scholars the yearly sum of 201. granted
by Queen Elizabeth ; and also the sum to be paid by Cotton.
Mr. Alexander Nowell, the sums already granted being ina-
dequate to make the payments stated by the letters patent,
purchased from Lord Cheyney the reversion of the manor of
Upberry, and parsonage and advowson of the vicarage of Gil-
lingham, at a rent of five marks and eight score and eight
quarters of dried malt. Subsequently, by deed of the 10th of
April, 1579, he granted all his right_ in the premises to Queen
Elizabeth and her successors for ever, and her Majesty, by
letters patent, granted the whole property contained in the
deed to the principal and scholars of Brazennose, governors of
her free school in Middleton, and their successors, in free alms
perpetual for ever, to pay to each of her Majesty's thirteen
poor scholars, elected out of her free school at Middleton, or
from any other school in the county of Lancaster, the annual
sum of 31. 6s. Bd., and to the master 235. 4d., and the under-
master 6s. Bd., in augmentation of their stipends, and they
were also to pay certain other sums for the improvement
of the Commons, of the Principal and Fellows who should be
present in the College during three weeks ; at the date of
these letters patent Lord Cheyney was living, and the pro-
perty, therefore, did not come into possession till his death in
1535 ' • but Mr. Powell, during the life of Lord Cheyney, had
made large advances for the purposes of the letters patent.
The large surplus of the property in question, from the time
of the death of Lord Cheyney, together with the great bene-
fits derived from the increased value of the premises had
been applied, from time to time to the general purposes of
Brazennose College. They renewed the leases from time
to time, taking large ftnes, and some of the property
had been sold, under an Act of Parliament, at prices exceed-
ing 7,000/., which had been invested in the purchase of an es-
tate in the corporate name of the College, and for its general
benefit. The question, therefore, in the information was, whe-
ther it was the intention of the founder that the property com-
prised in the two letters patent should be held beneficially by the
college, charged only with the particular payment stated, or
should be wholly applied to the charitable purposes expressed
by his Honour. The Master of the Rolls thought that it was
to be collected from the letters patent, and from the conduct
of the founder himself that he treated the college as entitled
to the property, subject to specific charges. His Honour
therefore dismissed the information, but without costs, and
from that decision the present appeal was brought.
Mr. Bickersteth, Dr. Lushington, and Mr. Blenman, were
Counsel for the Appellants, and Sir Edward Sugden and Mr.
Bethel for the Respondents.

Mr. BICKERSTETH addressed their Lordships on behalf of
the appellant, and was followed by Dr. LUSHINGTON, who
was speaking when our Reporter left.

* We here give our readers a true copy of a petition sent by
Mr. Alexander Howell to the Lord High Treasury. complain-
ing of the conduct of Sir Edward Hobie, and praying his
interference. The letter is copied from the original among
the Lansdowne manuscripts in the British Museum.
" My humble dutie to your honorable Lordshipp remembered, might
it please the same favourably to hear mine and my brother Robert's
some time attorney in the Court of Wardes his humble suite in his last
Will and Testament, by the wordes written in this schedule enclosed,
who specially charged me uppon his death-bed to procure the
foundred of Myddleton Schole in the County of Lancaster, whear
we and other our brethren were taught in our childhoods, and the
said Schole to be annexed unto Brazennose College in Oxford,
whear we were poor students in the time of our youthe, which her
Majestie by your Lordshipps and Sir Walter Aliedmaye's commenda-
tion of my humble suite, most graciously granted : and founded the
Schole by the name of Queene Elizabeth's Free Schole in Myddleton,
andanexed I gave the said Schole unto the Principal and Scholars of
Brazennose College in Oxford, Governors of her Majestie's Schole
aforesaid, and did also give the Manor of Upburie and Parsonage of
Gillingham, unpropried in the countee of Kent unto the said Col-
lege. The which Manor and Parsonage Sir Edward Hobie, Knt.,
• bath holden by coler of a lease made by the Lord Cheyney
now bye the space of fyve years and more, so that now he
oweth to the said College above eight hundreth pounds, for
some redresse whereof the said College was inforced to seek
their remedye by the law, and dyd bring an action against
him in ye Court of Common Pleas for pte of ye said
avverages to the value of V. C. lib. And when he for lacke of
appearance was at the poynt of outlawrie, one Webbe, as Attorney
for the said Sir Edward, appeared for him. And after when the
judgment was past agaynst Sir Edward, ye said Webbe in open
Court uppon his Oathe denyed that he had any warrant so to ap-
peare for hym and thereby bath overthrowne their long and
chargable suite in lave. By means of all which longe suite
and delayes contynuing now fyve years and more, ye said
College is greatly impoverished, and her Majestie Xlllteen Poore
Scholares are shortly to forsake ye Univsstie, and her Highness'
Free Schole, so lately by her gratiously founded is in danger to be
dissolved, unlesse it might please your honourable L. by your au-
thoritie (which ye said Sir Edward doth most reverence) to bring
him to some reason whereby three hundredth poore Scholars and
Students shall be bounden continually to praye for your good L.
unto Almighty Godd who have ye same and all yours in His most
blessed keepinge and protection.

" Martij 1594
44 Your honourable Lordshipps
" humble at comandent

"ALEXANDER- NOWELL.
" To the right honourable my
verie good Lord the L. higlie
Treasurer of England."

THE DUKE OF WELLINGTON.--It is not gene-
rally known that since his appointment to the office of Lord
Warden of the Cinque Ports, his Grace has paid to the Trea-
sury, for the public service, the whole amount of the proceeds
of his office.
The tapir lately bought at the price of 50,000 fr.
for the Garden of Plants, died a few days ago at Nantes. The
only one now living in Europe is in the Zoological Gardens at
London, whither it was brought from Brazil in 1829. That
which has just died will be stuffed, and placed in the Museum
of Natural History.