APPENDIX B.
191 Tents of three hundred pounds p ann' k two hun¬ dred and fifty pounds p ann' are respectively reserved they payeing the rents k performing the -covenants in the sd leases menconed and reserved And whereas the lands commonly knowne by the name ofthe Isles of Arran now settled on the right honorable Richard Earle of Arran and in lieu whereof the said Erasmus Smith hath given the lands above menconed lyeing in the County of Lymericke are comprised in tbe Indenture of demise whereupon the sd anuall rent of three hundred pounds is reserved for the avoyding ing of all controversyes touching the apportionment of the sd rent Our wUl and pleasure is k wee doe hereby declare that they the said Henry Jones John Bysse Hierome Sanckey Edward Roberts Richard Teigh Daniell Hutchinson k John Preston shall from the time that the said Isles of Arran were settled upon the sd Earle of Arran dureing the continuance of the said lease have k receive the yearely rent of one hundred k seaventy pounds k noe more for the remaining part of the p'misses demised by the sd lease And whereas diverse arreares of rents are due by reason of the said demise before the sd Isles of Arran were settled upon the said Earle of Arran as aforesd which the sd Erasmus Smith did intend should bave been paid unto the sd Trustees for the uses above menconed Our further will and pleasure is & Wee doe hereby declare that the sd arreares of rent shall bee paid unto the said Henry Jones John Bysse Hierome Sanckey Edward Roberts Richard Teigh Daniell Hutchinson k John Preston to k and for the
uses intents k purposes herein above menconed And the sd Erasmus Smyth his executors k and admini-o strators shall be ever debarred from claymeing tbe same the said lands tenements k hereditamts above menconed to bee held by them the sd Henry Jones John Bysse Hierome Sanckey Edward Roberts Richard Teigh DanieU Hutchinson k John Preston of us our heires & Successors as of our Castle of Dublin in free k comon soccage Cleered freed k exempted from the yeares rent charged by the sd explanatory Act in the thirty eight page of the printed coppie thereof upon those either Irish papists Souldiers or adventurers that are to have the benefit of settlement or confir-macon in any lands tenements or hereditaments by vertue of the sd Act they the sd Henry Jones John Bysse Hierome Sanckey Edward Roberts Richard Teigh Daniell Hutchinson & John Preston theire heires k assignes .
.
In Witnesse whereof Wee have caused these our letters to bee made patents Witnesse our aforesd lieut generaU k generall governour of our sd kingdome of Ireland at Dubbn the thbd day of November in the eighteenth yeare of our raigne/ Enrolled the third day of Aprill in the nineteenth yeare of his sd Maties Raigne/ I certify that the foregoing is a true k authentic copy made pursuant to the Statute 30 & 31 Vic.
c.
70.
John Overend Overend, The Assistant Deputy-keeper of the Records.
13th AprU, 1892.
No.
I.
(h.)
The Charter of King Charles II.—a.d.
1669.
(See Supra, p.
142.)
Charles the Second, by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c, to all to whom these presents shall •come, greeting.
Whereas Erasmus Smith, esquire, did, heretofore intend to erect five Grammar Schools, within the Kingdom of Ireland, and to endow the •same with convenient maintenance for schoolmasters, and to make further provision for the education of •children at the University, wliich should be brought up in the same Schools, and for several other charitable uses; of which intention of the said Erasmus Smith some notice is taken by the Act, entitled " 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."
•Since the passing of which Act, upon due considera¬ tion had of the necessity of settling a more liberal maintenance upon the several schoolmasters, which shall be placed over the Grammar Schools, by making some provision also for clothing poor children, and binding them out apprentices, it hath been thought fit, by the said Erasmus Smith, to reduce the said five intended Grammar Schools unto three; and yet, nevertheless, to continue and settle the same lands and tenements, which at first were intended as a revenue to maintain five Grammar Schools, and other charitable uses, to be a perpetual revenue for mainten-t ance of three schools, intended to be erected, and for
carrying on the several public and charitable uses aforesaid.
And whereas there was a bUl certified and trans¬ mitted, under the great seal of Ireland, to his Majesty, in his High Court of Chancery, in England, entitled, "An Act for settling of certain lands of Erasmus Smith, esquire, for charitable uses ;
" which said biU is not yet passed into a law; yet the said lands, tene¬ ments, and hereditaments ought to be applied to the said charitable uses.
And whereas, in pursuance of two Acts of Parlia¬ ment, lately made in the Kingdom of Ireland, one entitled " An Act for the better execution of his
Majesty's gracious declaration, for the settlement of his Kingdom, of Ireland, and satisfaction of the several interests of adventurers, soldiers, and other his sub¬ jects there: " and the other entitled.
" An Act for the explaining of some doubts arising upon an Act entitled, an Act for the better execution of bis Majesty's gracious declaration, for the settlement of his Kingdom of Ireland, and satisfaction of the several interests of adventurers, soldiers, and other bis subjects there, and for making some alterations of, and additions unto the said Act, for the more speedy and effectual settlement of the said Kingdom," The Right Reverend Father in God, Henry Jones, Lord Bishop of Meath, John Bysse, our Chief Baron of our Court of Exchequer, in our said Kingdom of Ireland, and Hierome Sankey, and Edward Roberts, esquires ; Richard Tighe, Daniel Hutchinson, and John Preston, of the City of Dublin, Aldermen, as Trastees for the said Erasmus Smith, did for and on behalf ofthe said Erasmus Smith, upon the nine-and-twentieth day of January, in the seventeenth year of our reign, exhibit their petition and schedule to the Commissioners for the executing the aforesaid Act; thereby setting forth, that they, in the right and on behalf of the said Erasmus Smith, and no otherwise, are, by two clauses and provisoes in the said Explanatory Act contained, lawfully entitled unto the several tenements and here¬ ditaments, in the said petition and schedule mentioned, under several trusts and bmitations; and therefore prayed an adjudication of their right and title there¬ unto, and the certificate ofthe said Commissioners, in order to then-passing Letters Patents, under the Great Seal of Ireland for the same; and 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 the account of the horrid Rebellion in Ireland, in the year of our Lord one thousand six hundred and forty-one, and were thereby vested in us, according to the mean-hug of the said acts; and that the same were assigned
