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thappertances of the nature of copyholde sette lyeing & being in Burnley & Padyham within the county palentyne of Lancastre holden of the said quenes excellent Majestyes manor of Ightynhill in the sayd county of Lancastre parcell of her Highnes possessions of her Maiesties Duchye of Lancastre now or late in the severall tenures of Xpofer Dodgeson Richard Baron & the late wif of Edward Smyth decessed And also for & concernyng the right tytle & interest to the possessions of certain meases lands tenements and heredytaments with thappertenances of the nature of copyholde sette lyeing & being in Blakeburne aforesaid in the sayd countye of Lancastre holden of her Maiesties manor of Clytheraw in the sayd county of Lancastre now or late in the severall tenures of Thomas Whyteaugh & Rauf Sudell And in theyr sayd Byll of compleynt aledged the same to be assured & conveyed in the First yere of the reygne of the late noble & famous Kyng Henry theight to one John Yorke George Colburne & (dyverse other) theyr cofeoffees & to theyr heyres according to the custome of the same severall manors & to theyre seynes according to the custom of the several manors and thintent that the sayd John Yorke George Colburne and theyre cofeoffes shulde stand & be seased to the use & entent therewith to fynde for ever for the tyme being one honest preist suffycyently lerned in gramer & playne songe especyallye & chiefly to kepe a free gramer scole in the towne of Blackburne in the county of Lancastre as by one Indenture of composycion & agreement for the stablisshyng & foundacion thereof suffycyent in the law it doth & may more playnly appere By vertue wherof the sayd free gramer scole hath been contynually meynteyned & founded there ever synce the same fundacion & establisshement of the same And many poore scolers to the number of seven scoore at the leest there yerely at the sayd Free Scoole instructed & taught accordingly from tyme to tyme by vertue whereof the sayd John Yorke George Colburne and theyr cofeoffes were of the premisses with thappertenances seased in theyr desmene as of fee according to the custome of the

sayd severall manors And the sayde John Yorke & George Colburne & all others theyr sayde cofeffees except the sayd George Colburne dyed & and the sayd George theym survyved and overlyved.

And after now of late at the severall courts holden byfore Sir Thomas Talbot Knight* by vertue of her gracious writte of warant and commaundement to hym dyrected to take the surrender of the sayd George Colburne of & in the premisses to dyverse other persons & to theyr heyrs according to the sayd Fundacion By vertue whereof the sayd George Colburne so being of the premisses seased dyd convey & assure the same premisses with thappurtenances in the courts of the sayd severall manors according to the custome of the sayd manors in open court unto the sayd complainants & to theyr heyres By force whereof the sayd complainants were of the premisses with thappertenances lawfully seased in theyr desmenes as of fee according to the custome of the sayd severall manors as more playnly by the dede witnessyng the sayd fundacion in the sayd court shewed fourth it doth & may more playnly appere wherein It was ordred and provyded alwayes that the sayd Scole and Scole master be & shulde be from tyme to tyme maynteyned & kept there for the instruccion and teachyng of scolers and yonghe in gramer according to the tenor & true meanyng of the sayd Fundacion & ordynance with the yerely rents revenues and profytts of the premisses as more playnly by the same order exemplefyed under the Quenes Maiesties Seale of her Highnes court of her Duchy of Lancastre it doth & may appere So it is Right Honorable good Master that dyverse court rolls evydences & writyngs concernyng the premisses with appertenances of right apperteynyng to your sayd orators be casually comen to the hands custody & possessions of John Page Wm. Smythson Thomas Proctor Edwarde Parkynson Wm. Banester & Wm. Batersbye in the county of Yorke to one Richard Goodshaw of Clytheraw in the sayd county of Lancastre Thurstan Mawdesley of Blakeburne aforesayd John Halsteed of Rolley of the parisshe of Burnley in the sayd countye of Lancastre

*He died in 1558.

and Nycholas Halsteed of Padyham in the sayd countye of Lancastre who by color of havyng of the same court Rolles evydences & writyings concernyng the premisses with thappertenances have of covetousnes devysed & conspyred with the consents of the sayd tenants & inhabytants of & upon the premisses to spoyle the sayd fre scole contrary to right equitye & good conscyence whereby the rents issues and profytts of the premisses with appertenances be by craft covyn and deceyt withholden & drawen from the behove and use of the sayd scole master agaynst all right equitye & conscyence & to the distruccion of the good educacion of scolers in vertue & lernyng that pytye it is to see consyderyng the place very fytte for that purpose & the people of the same parisshe very populous It may therefor please your Honour for the love of God to see reformation of the same And for asmoche as your sayd orators be but feoffees of trust & have no remedy by thordynary course of law to reforme the same And also for asmoche as your sayd orators knowe not the certenty of the same copyes of court rolls evydences & writyngs It may therefor please your Honour to graunt the Quenes gracious writte of Injunccion to be directed not only to the sayd tenants to pay theyr rents with the arerage but also the sayd intrudors afore named to permytte & suffre the sayd rents issues and profitts of the sayd meases lands tenements and herytaments be & contynue according to the sayd Fundacion & order in this honorable court establisshed & also to be & personally to appeare at a certeyn day & under a great payne by your Honour to be lymyted then & there to stande to your Honours order according to right equitye & good conscyence And your sayd orators & the sayd scolers shall dayly pray to God for the Quenes excelent Maiestie her heyres & successors & and for the prousperous estate of your Honours & all theyr benefactors for ever and ever so longe as the same fre scole shall contynue & endure.

[Endorsed :]

The Byll of Richard Lyvesey & other for the fre scole of Blakeburne.

[blocks in formation]

LANSDOWNE MS. VOL. 46, No. 48.

The Quenes Maiestie hathe incorporated a Free grammar Schole in Blackburne in Lancashier called the free grammer Schole of Quene Elizabethe in Blackburne and that they may purchase Lands not excedinge a certaine valewe.

Before this corporacion maide there was a schole there not incorporate And certaine Feoffees were seased of Coppyeholde lands parcell of the Quenes mannors to theme and theire heirs To thintente to fynde a Schole master which shoulde be a pryeste and maynteyne the Quyeres and saye masses and direges for the Sowles of the founders.

Forasmuch as Coppyeholde landes which were in the handes of others then the Chauntrye Preestes are excepted owte of the Statute of Chauntries These landes were not taken from the feoffees by the Statute, but theye by warrante frome Kinge Phillypp and Quene Mary surrendered the same in 10 & 20 Phillippi et Marie to certaine newe feoffees and theire heires to thyntente to fynde a scholemaster at Blackburne and to thuse of a Schole to be kepte att Blackburne.

Accordinge to this warrante the newe feoffees were admytted to thuse of the Schole.

The newe Feoffees of Coppyeholde lands parcel of the Quenes Mannors haue exhibited theire peticion in the Duchie and haue humblie prayed that they may haue and enioye the Coppieholde landes to the use of the Schole, yf by lawe they owghte in righte to haue the said Lands.

Obieccyon. It ys obiected by Mr. Attorney of the Duchie that howsoever the righte of the Feoffes be yet they may not haue the lands because they and dyverse other Copieholde landes in Lancashier were solde in 4to E. 6. by Surrender

* Nos. 3, 4, 5, 6, 7 refer to the attempt made by the Governors to recover endowments taken from the Chantry and School by the Chantry Acts of

Edward V1.

C

in the Copyholde Courte, And yf the Feoffees shoulde haue those lands, other feoffees wolde by lyke petycion take away all the other Copiholde Lands whiche were solde, and hinder the Quenes Maiestie.

Aunswere. To this firste parte it is aunswered that her Maiesties pleasure ys (as they thynke) that her subiects for her owne Schole shoulde of her owne landes haue Justiciam et rectum beinge claimed by them as theire inheritance and allowed by her Maiestie and all her noble progenytors.

Secondlye the generall myschieffe of other Cases (alleged) dothe not extende to this Case because in this Case there was a good use for a free gramer Schole which was mente to be maynteyned by the Statute of Chauntries and not overthrowne and in the other Cases there be noe Scholes to be considered. And in this Case there ys a newe admyttance of newe Feoffees and to thuse of a gramer schole and a decree accordinglye for the schole which is not in other Cases.

The Quenes Maiestie shall haue tholde rente of the Feoffees of the schole yerelie paide, and so noe loss to her Maiestie, and for the Fyne due to her Maiestie upon Surrenders or upon deathe yt is but a yeres rente, and the feoffees did lett yt by Surrender to the Tenants whoe paide Fynes and moste parte of all the Copieholders Lands there are usually putt in Feoffees hands and order hathe bene taken that notwithstandinge the Lorde shalbe aunswered of her Fyne which order the Feoffees will performe And these Feoffees for the schole are allredie by speciall warrante of Kinge Philipp and Quene Mary admytted and allowed And so that excepcion is not to be obiected againste these Feoffees.

[Endorsed :]

7o Feb. 1585.

The Case towching ye free schoole of Blackburne in
Lancashire, with ye obiections awnswered.

[In another hand :]

An Answere to certein obiectiones mayde against the
Quenes Scole of Blackburne in Lancashire.

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