142 EDUCATIONAL ENDOWMENTS (IRELAND) COMMISSION.
Jerome Sankey, Edward Roberts, Richard Tygh, Daniel Hutchinson, and John Preston, their heirs and assigns, as Trustees for the several charitable uses thereinafter mentioned, certain lands, tenements, and hereditaments situate in the Counties of Limerick and Sligo, and in the Counties and Liberties of the City of Galway, to hold to the said Trustees their heirs and assigns upon trust that, until a Corporation should be established to be called by the name of "The Governors of the Schools founded by Erasmus Smith, Esquire," the said Trustees should pay, out of the rents, and profits of the lands, to the Governors of the Hos¬ pital of King Edward the Sixth of England, of Christ's Bridewell and St.
Thomas the Apostle, the sum of £100 by two half yearly payments, to be disposed of for such pious and charitable uses as the said Erasmus Smith should direct and appoint, and, in default of such appointment, upon trust to apply £50 yearly in maintaining five Schools for teaching and instructing poor children of both sexes to speak and write Eng¬ lish, in such places in Ireland, and to such charitable uses as the said Erasmus Smith should appoint; and in default of such appointment, to apply the said yearly sum of £50 to the general uses in the said Letters Patent intended; and upon further trust that the said Trustees should employ one-fourth part of the remain¬ der of the rents, issues, and profits of the said lands, during tho continuance of certain leases therein men¬ tioned, in binding and placing poor men's children as apprentices to Protestant masters in Ireland, and after the determination of such leases, in binding and placing such apprentices, and in clothing poor children, pupils •of the Grammar Schools thereinafter mentioned ; pro-wlded that the amount of each apprentice fee should be not more than £6, and that, in selecting the .apprentices,
a preference should be given to the •children of poor tenants of Erasmus Smith, his .heirs
and assigns, educated in the said Schools: .and
upon further trust that the said Trustees, out •of the rents, issues, and profits of the said lands .should
buy or build three convenient Schoolhouses and Masters residences—one in or near Galway, and two others in such parts of Ireland as the said Erasmus Smith should nominate, and in default of such nomination, as the said Trustees should think fit, with power to the said Trustees to appoint and dismiss Schoolmasters, and with a provision that the Schoolmasters should be licensed by the Bishop of the Diocese in which the School should be situated ; and upon further trust that the said Trustees shouldpay to each Schoolmaster a yearly stipend of £66 13s.
id.,
and shoiddprovide that each Schoolmaster should, with¬ out fee or reward, instruct the children of poor persons dwelling on any of the lands aforesaid or on any lands belonging to the said Erasmus Smith, within two English miles of any of the said Schools, to read and cast accounts, and in grammar and other learning, and should also prepare such of the children aforesaid jas should desfre it, for the University or College near Dublin, and should catechise the children in catechisms to be provided by the said Trustees : and upon further trust to employ all the residue of the said rents and profits in awarding Exhibitions of not more than £8 in value to such poor students as should enter the said University, for the space of seven years from their entrance therein, and for want of such poor students, to other poor students in the said University to be nominated by the said Trustees: and it was further provided that in the awarding of such Ex¬ hibitions as aforesaid, a preference should be given to the children of poor inhabitants of the lands of the said Erasmus Smith.
And the said Letters Patent also contained provisions for the management of the said estates, for regulating the meetings of the said Trustees, for auditing and examining into their ac¬ counts and disbuisements, for the appointment of a Treasurer, and for authorising the Governors to allow the Treasurer so to be appointed Sixpence for every Twenty Shillings of such rents of the estates thereby
granted as should be by him collected and received ' and further provided that upon the estabbshment of a Corporation bearing the title of " The Governors of the Schools founded by Erasmus Smith, Esquire " all the lands tenements and hereditaments before mentioned should be transferred to the said Cor¬ poration :
Royal Charter dated March 26, 1669.
(Infra, p 191.)
And whereas, by Royal Charter of King Charles the Second, dated March 26, 1669, granted upon the petition of the said Erasmus Smith, it was recited that the said Erasmus Smith had previously intended to erect five Grammar Schools in Ireland, and to endow the same with convenient maintenance for schoolmasters, and to make further provision for the education of children, at the University, which should be brought up in the same Schools, and for several other charitable uses; that of this intention of the said Erasmus Smith some notice was taken by the Act entitled " An Act for the better execution of Hi a Majesty's gracious Declaration for the settlement of His Kingdom of Ireland, and the satisfaction of the several interests of adventurers, soldiers, and other his subjects there "
; that, since the passing of the said Act, upon due consideration had of the necessity of settling a more liberal maintenance upon the several Schoolmasters which should be placed over the Grammar Schools, by making some provision also for clothing poor children and binding them out appren¬ tices, it had been thought fit by the said Erasmus Smith to reduce the said five intended Grammar Schools into three ; and yet, nevertheless, to continue and settle the same lands and tenements which were at first intended as a revenue to maintain five Gram¬ mar Schools, and other charitable uses, to be a perpetual revenue for maintenance of three Schools intended to be erected, and for carrying on the several public and charitable uses aforesaid ; and it was by the said Charter further recited that a bill had been certified and transmitted under the Great Seal of Ireland to His Majesty in His High Court of Chan¬ cery in England, entitled "An Act for settling of certain lands of Erasmus Smith, Esquire, for charit¬ able uses," which said bill was not passed into law at the date of the said Charter, and that yet the said lands, tenements, and hereditaments, ought to be applied to the said charitable uses ; and it was by the said Charter further recited that in pursuance of two Acts of Parliament lately made in Ireland, one en¬ titled " An Act for the better execution of His Majesty's gracious declaration for the settlement of His Kingdom of Ireland, and the satisfaction of the several interests of adventurers, soldiers, and other his subjects there," and the other " An Act for the explaining of some doubts arising from " the said first-mentioned Act, "and for making some altera¬ tions of and additions unto the said Act for the more speedy and effectual settlement of the said Kingdom," the Trustees did,for and on behalf of the said Erasmus Smith, on January 29, 1665, exhibit their petition and schedule to the Commissioners for executing the aforesaid Act, thereby setting forth that they, in the right and on the behalf of the said Erasmus Smith, and not otherwise, were, by two clauses and provisos in the said Explanatory Act contained, lawfully en¬ titled to the several tenements and hereditaments in the said petition and schedule mentioned, under several trusts and limitations ; and therefore prayed for an adjudication of their rightandtitle thereunto, and for the certificate of the said Commissioners, in order to their passing Letters Patent, under the Great Seal of Ireland, for the same; and that, upon hearing of the said petition, and upon consideration had of one proviso or clause in the said Explanatory Act contained, the said Commissioners did declare, that it appeared to them that the said lands, tenements, and hereditaments were seized and sequestered upon
