440 EDUCATIONAL ENDOWMENTS (IRELAND) COMMISSION.
Appendix B.
No VIII-os.)
Referred to in Mr.
Anderson's statement, p.
289.
Letter of Erasmus Smitf, Esq.,
in reply to Letter of June 7th.
London, August 6th, 1681.
My Lords and Gentlemen,—Having considered your letter of the 7th June last, and advised upon the state of the case therewith sent me, as drawn by Mr.
Solicitor-General, though I have the greatest regard for his worth and parts, yet, finding counsel here differ from him in opinion, I hope it will not be taken amiss that I now repeat my desire for the per¬ fection of the further charity by me intended for Christ's Hospital.
What my counsel here have observed upon the case results in this.
That it is considered the Bill transmitted (whereon Mr.
Solicitor lays the stress of his argument) is out-of-doors, since the corporation is erected pursuant to the certificate and letters patent, which declare the particular trusts and uses the said letters patent being the Explanatory Act confirmed and discharged of all demands other than what are reserved in the same letters patent.
As to that clause which seems to confirm the said trans¬ mitted Bill it can admit of no other reasonable construction, taking it together, than to secure the lands therein mentioned from some proceedings of the Court of Claims to which the lands of other adven¬ turers were liable by the said Act, if it were otherwise, and that the Bill transmitted since the passing
the Explanatory Act were of such force as Mr Solicitor-General would seem to have it, what needed the subsequent certificate and letters patent.
I am sure that it was not without advice that they were prosecuted and obtained, and that at no small charge.
That there is a surplusage of the revenue beyond what the certificate and letters patent provide for is evident by the rent-roll and accounts transmitted hither, and it is as clear that the letters patent, which now have the force of an Act of Parliament, have provided for with further charitable uses and trusts as shall be by me desired without limitation of persons or place, and upon erection of the Corporation shall be expressed and declared.
Therefore, my lords ancl gentlemen, you knowing my intentions formerly, and that now it is not in my power to reverse anything that is past, it being not now my concern but the hospitals, I once more on the behalf of the Governors of Christ's Hospital, and those public uses mentioned, humbly desiring your concurrence therein, and do remain, my lords and gentlemen,
Your most humble servant,
Erasmus Smith.
No VIII.
(t) Referred to in statement of Mr.
Carton, p.
289, et seq.
Deed of Trust.
This Indenture made the 1st day of December in the year of Our Lord God 1657 between Erasmus Smith of London Esq.
of the one part and Henry Jones Doctor in Divinity Samuel Winter Doctor in Divinity Thomas Harrison Docter in Divinity Henry Wootton Samuel Mather Robert Chambers Clerks William Bassil Esq.
His Highness Attorney-General of Ireland John Byss Esq.
Recorder of the City of Dublin Thomas Herbert Esq.
Gierke of the Council of Ireland Colonel Jerome Lanckey Colonel John Bridges Major Anthony Morgan Edward Roberts Esq.
Auditor-General of Ireland James Standish Esq.
Receiver-General of Ireland Daniel Hutchinson John Preston Richard Tygh and Thomas Hooke Aldermen of the City of Dublin on the other part Whereas most of the sins which in former times have reigned in this Nation have proceeded chiefly of lack of the bringing up of the youth of this Realm either in public or private Schools whereby through good discipline they might be in Literature and good manners and so learn to loath those haynous and manifold offences which when fchey come to years did daily perpetrate and committ.
Now this Inden¬ ture Witnesseth that the said Erasmus Smith for thespetiall trust and confidence that the said Erasmus Smith hath and reposeth in the said Henry Jones Samuel Winter Thomas Harrison Thomas Wootton Samuel Mather Robert Chambers William Bassil John Byss Thomas Herbert Jerome Lanckey John Bridges Anthony Morgan Edward Roberts James Standish Daniel Hutchinson John Preston Richard Tjrgh and Thomas Hooke their heirs and assigns and ior The great and ardent desire which he hath that the poor children inhabiting upon any part of his lands in Ireland as hereinafter in and by these presents is expressed should be brought up in the fear of God and good literature and to speak the English tongue, and for other good ends in and by these presents hereafter declared hath for the reasons and consider¬ ations aforesaid and in consideration of the sum of 5s.
sterling to him paid by the said Henry Jones Samuel Winter Thomas Harrison Henry Wootton
Samuel Mather Robert Chambers William Basil John Byss Thomas Herbert Jemme Lanckey John Bridges Anthony Morgan Edward Roberts James Standish Daniel Hutchinson John Preston Richard Tygh and Thomas Hooke on the perfection of these presents—As also in consideration that they should perform the several uses and trusts hereinafter mentioned hath bargained and sold like as by these presents he doth bargain and sell unto the said Henry Jones Samuel Winter Thomas Harrison Henry Wootton Samuel Mather Robert Chambers William Basil John Byss Thomas Herbert Jerome Lanckey John Bridges Anthony Morgan Edward Roberts James Standish Daniel Hutchinson John Preston Richard Tygh and Thomas Hooke 403a.
and 1b.
profitable land plantation measure in and near the town and lands of Athlone in the county of Roscommon now in the possession of the said Erasmus and his under¬ tenant 1467 acres of profitable land plantation measure in.
the Isles of Arron now also in the possession of the said Erasmus Smith and his undertenants and 1011a.
and 1r.
of profitable land plantation measure in or near the town and lands of Galway in the county of Galway excepting 4a.
and 1r.
near adjoining on the said town of Galway and marked (0) and also about 2 roods adjoining on the said town of Galway marked No.
(I) as in the books of the Reforme and Ptott appearing in the Surveyor-General's Office which 1011a.
and 1r.
lye in the county of Galway and the county of the town of Galway or both either of them now in the possession of the said Erasmus and his undertenants.
The particulars whereof do appear likewise in the plot thereof remaining in the Surveyors office with all bogs woods barren mountains and other unprofitable lands thereunto allotted cast in and allowed.
To have and to hold all and singular the before mentioned premises with their and every of their rights members and appurtenances thereunto belong¬ ing unto the said Henry Jones Samuel Winter Thomas Harrison Henry Wootton Samuel Mather Robert Chambers William Bassil John Byss Thomas Herbert Jerome Lanckey John Bridges Anthony
