out of Schools, and allotting stipends, but knew not how many or what Schools or stipends were set out, other than the free Grammar School at Pontefract of which the defendant is schoolmaster; and for that he answered, that he was heretofore Chaplain in Ordinary to Sir Humphrey May, late Chancellor of this Court, to whom, as to every Chancellor for the time being, it belonged in the vacancy of the said school to nominate a Schoolmaster there, and he, knowing the defendant to be a scholar bred for divers years at Cambridge, and able both for learning and good deportment to undergo the charge, did put in the defendant to be the schoolmaster there, which place he hath hitherto duly executed without scandal of life or defect of learning, and hath received a stipend of twenty pounds due to the said schoolmaster, And traverseth the rest of the Bill; to which Answer the plaintiffs replied; and, thereupon issue being joined, a Commission was awarded for the examination of witnesses in the Cause, which being executed, and returned into this Court, and of the depositions thereby taken publication being duly granted, the said Cause was by an order of the xxvii th day of May last past set down to be heard this day; now the Cause did accordingly come this day to hearing, and upon full debating thereof by Counsels learned on both side before the Right Honourable the Chancellor and Counsell of this Court, being assisted with Mr. Baron Henden, one of the Judges Assistant of this Court, and upon Consideration had of the said decree of this Court, whereby it appeared that the distance of the said Town of Cawthorne from the Town of Pontefract was then informed to be but eight miles, and that the principal cause of translating the said stipend was the want of a Schoolhouse at Cawthorne aforesaid, and also that the Court nevertheless reserved power to sever the said stipend so united to Pontefract, if there should be Cause, as by a proviso contained in the said decree doth fully appear; And for that it doth not appear that the inhabitants of Cawthorne aforesaid were parties to any suit depending in this Court at the time of making the said decree, or that they had any notice thereof, and upon consideration of the depositions of several witnesses in this cause now read, whereby it appeareth that the Inhabitants of Cawthorne aforesaid have at their own charge now built a commodious schoolhouse and
