Educational Endowments (Ireland) Commission: annual report, 1891-92, minutes of evidence and appendices

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141 No. 
(b,) The Draft Scheme. 
Indenture dated December I, 1657. 

(See Report, 1885-6, p. 
Whereas Erasmus Smith, an Alderman of the City of London, being seised and possessed of certain lands, tenements, and hereditaments, which were seized and sequestered upon account of the rebellion in Ireland in the year 1641, and were assigned and set apart to the said Erasmus Smith, or those under whom he claimed the same, for the great and ardent desire wMch he had that the poor children inhabiting any part of his lands in Ireland should be brought up in the fear of God, and good literature, and to speak the English tongue, by Indenture dated December 1, 1657, granted to Henry Jones, Doctor in Divinity; Samuel Winter, Doctor in Divinity ; Thomas Har¬ rison, Doctor in Divinity; Henry Wotten, Samuel Mather, Robert Chambers, Clerks ; William Basil, Esq., 
Attorney General of Ireland; John Bysse, Esq., 
Recorder of the City of Dublin; Thomas Her¬ bert, Esq., 
Clerk of the Council of Ireland ; Colonel Jerome Sankey; Colonel John Bridges; Major Anthony Morgan; Edward Roberts, Esq., 
Auditor-General of Ireland ; James Stondish, Esq., 
Receiver-General of Ireland; Daniel Hutchinson, John Preston, Richard Tygh, and Thomas Hooke, Alder¬ men of the city of Dublin ; the lands described m the said Indenture, to hold to the said Trustees, their heirs and assigns for ever, to the use of the said Erasmus Smith for a term of one hundred and forty years from May 1, then next ensuing, yielding and paying thereout Three Hundred Pounds sterling, yearly; and the reversion of the premises, together with the said rent, to the proper use and behoof of the said Trustees, their heb*s and assigns, upon trust that they should stand seised of the same to the pur¬ poses and intents in the said Indenture mentioned, namely, that out of the rents, issues, and profits of the premises, they should, in case the said Erasmus Smith should not do it, procure and defray the charge of passing an Act of Parliament for the settling of the said lands and premises according to the true intent and meaning of the said Indenture, or other¬ wise to obtain licence under the Great Seal of England for incorporating themselves in succession, and to retain the said lands and premises to them and their successors, notwithstanding the Statute of Mortmain, to the uses in the said Indenture expressed ; and after the said Act should be passed, or licence obtained, and also before, to the intent that, out of the annual profits of the premises, the Trustees for the time being, or the said Corporation, should cause five school-houses for the teaching of grammar and the original tongue, and to write, read, and cast accounts, to be built in the places following—namely, one in the town of Sligo, one upon the said Erasmus Smith's lands about Galway, one upon his lands in the barony of Clanwilliam in the county of Tipperary, one upon his land in the barony of Dunluce in the county of An¬ trim, and another " where his lands that are deficient (which is £2,700)" should be fixed; and by the said Indenture it was declared to be the intention of aU the parties thereto, that all the children of the poor tenants inhabiting on the lands aforesaid, and the children of such as were poor, or lived by their labour, should be taught at the said Schools free, and without paying anything for their teaching to the masters ap¬ pointed and paid as in the said Indenture directed, and that such of the children of the said tenants on the said lands as should be made fit for the University of Trinity College near Dublin, should have, towards their maintenance, out of the remainder of the said rents and profits, as far as they would reach, the former charge being first discharged, the sum of Ten Pounds late Irish currency, by the year, for each of the said children so fitted, for the first four years that such 

person should he admitted into the said College of Dublin; provided that, in the first place, the children of tenants and inhabitants of the said lands, and other the lands of the said Erasmus Smith and his heirs in Ireland, should be first provided for, and, after them, such as should be educated in the said schools being poor, and, for want of such, for the relief of such other poor scholars as in the judgment of the Trustees for the time being, or the said Corporation, should be held fit to receive the same; provided always that the two latter sorts of poor should give place to the former as they should grow up and be fit to be entered in the said College or University, and that no one poor scholar to be maintained ia the University or Trinity CoUege aforesaid should receive out of the profits of the premises above Ten Pounds sterling by the year, and not to continue longer than four years after their respective entrance into the said College or University : 

And the said Erasmus Smith by the said Indenture further declared that if, after the expiration or other determination of the lease therein expressed to be by him made, the said lands and premises should exceed the sum of Three Hundred Pounds by the year, being let at the best value, then the surplusage of the said rents and profits should be employed for the main¬ tenance of five schools, for teaching, speaking, and reading the English tongue, then to be erected, where the said Trustees should judge most meet, on any part of the lands and premises of the said Erasmus Smith in Ireland; and it was further provided by the said Indenture that the said Erasmus Smith, or his heirs, should have the nomination or approbation of die lirht five schoolmasters to be settled and maintained by the rents and profits aforesaid, and it was thereby declared that the said schoolmasters should be obliged twice every day to pray with such scholars as they should respectively teach, that they should punish such of the said scholars, as from time to time, should, without good cause, be absent from the said exercise of prayer, that the said schoolmasters respectively should like¬ wise catechise their scholars once every week on some week-day in the Catechism published and set forth by the Assembly of Divines, which Catechism the said Trustees were out of the said rents to provide for the scholars whose parents were poor and inhabitants on the premises as aforesaid, and that they should also every Lord's Day catechise them, or some of them in the presence of the rest, and expound to them publicly the said Catechism, or some part thereof, as well for the benefit of the said scholars as for the instruction of all such others as should desire to be present at that exercise in the School-houses or in the Church ; and the said Indenture further provided that, if the parties thereto should not, within the space of seven years next ensuing from the date thereof, procure a licence granted under the Great Seal of England, or ebe pro cure an Act of Parliament for incorporating them¬ selves to be a Corporation in perpetual succession, and capable to retain the lands and premises to them and their successors to the use aforesaid, then it should be lawful for the said Erasmus Smith and his heirs to re-enter into the premises and to repossess the same, anything contained in the same Indenture to the con¬ trary notwithstanding: And whereas no Licence or Act of Parliament was granted or procured as by the said Indenture provided, until the date of the Letters Patent next hereinafter recited, and the Trustees under the said Indenture remained in possession of the lands therein comprised: 

Letters Patent dated November 3,1667. 

(Infra p. 
And whereas, by Letters Patent dated November, 3, 1667, King Charles the Second granted and con¬ firmed to Henry Jones, Bishop of Meath, John Bys, •,