A HISTORY OF GLOUCESTERSHIRE 



elsewhere, except only one chamber within the said schole house . . . 

 and the usual place for the scholemaster to teach schollers in ' for 99 

 years at a rent of 401., and the duty of keeping the schoolhouse in repair, 

 and also granted the reversion on the same lease. This lease was confirmed 

 by Henry Duport of Shersted, Leicestershire, esquire, as the ' lawfull and 

 undoubted patrone of the perpetuall scholehouse.' A more discreditable 

 transaction can hardly be conceived. Apparently Master Stanton was 

 allowed the use of the single chamber reserved, and the schoolhouse to teach 

 school, as the deputy of this absentee pluralist and fraudulent lessee, John 

 Duport. Probably this lease was arranged with John Smith, who for 100 

 bought the lease from James Duport in 1604, and four years later, by deed 

 3 August, 1608, bought the reversion on the lease for 3- This grant 

 purported to be made by James Duport with ' Thomas Duport and John 

 Duport the two poore collegiate schollers of the said schoole,' so that 

 not content with robbing the schoolmaster by these fraudulent long leases 

 they had filled up the poor scholars' places with members of their own 

 family. 



On 6 April, 1609, is preserved the admission by Henry bishop of 

 Gloucester, of the next master, Edward Cowper, B.D., on the presentation 

 of John Smith of North Nibley, * true and undoubted patron of the same.' 

 Another document records that John Smith was personally present and 

 ' exhibited the resignation of John Duport, professor of sacred theology, of 

 the said free school.' Cowper or Cooper took his B.A. degree at Trinity 

 College, Oxford, in 1581, M.A. 1584, and was apparently a fellow of Merton 

 when he became B.D. in 1591, and tutor to the son of Henry Lord Berkeley 

 in the same year. 1 But whether Cowper was, any more than John Duport, 

 the real and acting master seems doubtful. John Moore when re-examined 

 under the commission of 1 6 1 9 on behalf of the defendant John Smith, said : 

 ' One Mr. Robert Pricharde is nowe Schoolemaster at Wotton free schoole 

 and soe was under Mr. Duport before he soulde the launds, and veryely 

 thincketh that he hathe all his mayntenance from the said defendant .... 

 as well or better than he had before from Mr. Duport.' 



The result of Bishop -u. Smith was naturally a finding that the lands 

 were concealed, and a fresh grant was made by James I, 15 December, 1617, 

 to John Smith and an Anthony Clifton in fee-farm, so that Smith acquired a 

 fresh title by royal grant. 



Fortunately somebody pursued the contention under the Statute of 

 Charitable Uses of 1601. By decree 13 January, 1603, the Lord Keeper, 

 assisted by two judges, declared that the lands did not come to the crown, as 

 the principal institution was for teaching grammar and not for superstitious 

 uses ; and that all the long leases were void. The lands were decreed to the 

 school, and ordered to be surrendered to the crown to the intent that the 

 same should be regranted. But in consideration of the long possession of 

 Smith and the money he had expended, he was to be allowed a new lease for 

 three lives at an increased rent of the third part of the value as ascertained by 

 a survey made under the direction of the court. The survey showed the 

 property to consist of 31 houses and 162 acres of land at a rent of 21 4-c. 6d., 

 though the true value was 121 ijs. id. They therefore put the third part 



1 Foster, Alumni Oxon. 

 404 



