192 EDUCATIONAL ENDOWMENTS (IRELAND) COMMISSION.
and set apart to the said Erasmus Smith, or those under whom he clabneth the same, for their several and respective adventures, (bona fide) paid for lands
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forfeited in Ireland; and the said Commissioners did thereupon adiudge and decree, that the said Trustees are, by the said clauses in the said Explanatory Act, as Trustees for several charitable uses, and no other¬ wise, lawfully entitled unto the said several lands, tenements, and hereditaments, according to the tenor of two several Acts of Parliament, made in the six¬ teenth and seventeenth years of the Reign of our royal father.
King Charles the First, And whereas the said Trustees have obtained letters patents under the great seal of Ireland, bearing date at Dublin, the third day of November, in the eighteenth year of our reign, whereby the said lands, tenements and hereditaments (except as therein is mentioned to he excepted) are granted to the said Trustees, upon several trusts and intents therein mentioned, and amongst others, that the said Trustees, their hebs and assigns, should yearly, untU such a Corporation should be legally erected and established, to be called by the name of " The Governors ofthe Schools founded by Erasmus Smith, esquire," as by the said bUl certified into England, as aforesaid, was intended, they, the said Trustees, their heirs and assigns, should yearly, and every year, employ the profits by them received for and towards the discharging of such charitable uses as are therein mentioned, and according to such rules and orders as are there expressed; and upon this further trust, that whensoever such a Corporation should be legally erected and settled for the better maintenance and discharge of the charitable uses afore¬ mentioned, as by the said bUl certified into England, and entitled, "An Act for settling of certain Lands of Erasmus Smith, esqmre, for Charitable Uses," was intended, that then, and in such case, the said Trustees, their heirs and assigns, should, upon request made unto them by any members of the said Corporation, convey aU and singular the lands in the same letters patents mentioned, to the said Corporation, and their successors, for ever, to the uses and trusts therein mentioned, and to such further charitable uses and trusts as should be desbed by the said Erasmus Smith, and upon the erection of the said Corporation should be limited, expressed and declared, as by the same letters patents, amongst several other clauses and provisos therein contained, more at large it doth and may appear.
And whereas the said Erasmus Smith, hath, by his petition, been an humble suitor to us, thereby setting forth, that he hath long since designed the erection of three several Pubbc Schools in Ireland, and to endow them with a bberal maintenance, and for the better execution of this intention we were graciously pleased to transmit a bill into Ireland, entitled, " An Act for tbe settling of certain lands of Erasmus Smith, esquire, for charitable uses," by which bUl a Corporation was to have been erected, by the name of the Governors of the Schools founded by Erasmus Smith, esquire, and to the end he might now at last establish the charit¬ able uses so long intended by him under the government of such Corporation as aforesaid, hath humbly prayed, that we would vouchsafe, by our letters patents, to erect a Corporation, consisting of such members, and with such abibties to purchase, in mortmain and under such laws and ordinances for the government of the said Corporation, as are mentioned in several heads to the said petition annexed, and with such other powers, privileges and authorities as are therein expressed, and hereafter by these presents given and granted for the better government and maintenance of the said Schools, and other charitable uses aforesaid.
Know ye, therefore, that we, graciously affecting so good and charitable a work of our princely disposition and care for the furtherance thereof, and of our especial grace, certain knowledge and mere motion, have given, granted and contained, and by these presents for us, our heirs and successors, do give, grant and confirm,
unto the said Erasmus Smith, his heirs, executors administrators and assigns, and to every of them at his and their wills and pleasures, full power, license and lawful authority, to place, erect, found and estab-bsh three Free Grammar Schools, in the several places-hereafter mentioned, that is to say, one Free School in the town of Drogheda, another in the town of Galway, or suburbs, and a third in the town of Tip¬ perary, in our said kingdom of Ireland.
And that the said Erasmus Smith, during his life, and after his-decease, or during his sickness, or absence from Ireland the Governors, hereafter named, and their successors for ever k the Governors of the said Schools for the time being k their successors or any seven or more of them, (whereof the Treasurer tor the time being to be always one, if such Treasurer shall be able to attend,) shall have full power, licence, and lawful authority, at his and their wUls and plea¬ sures, from time to time, and at all times hereafter, to place therein such numbers of poor children or scho¬ lars not exceeding the number of twenty of the said scholars, (besides the tenants chUdren of the said Eras¬ mus Smith, his heirs, executors or assigns, who are not to be limited to any number) as to him, the said Erasmus Smith, during his life, and after his decease, or during his sickness, or absence from Ireland, to the said Governors and their successors, and to the Governors for the time being, and their successors, or any seven or more of them, (whereof the Treasurer for the time being to be always one, if such Treasurer shall be able to attend) shall seem convenient.
And likewise that there shall be three learned, able and sufficient peisons to be schoolmasters of each and every of the said Free Schools, and three other able and sufficient persons to be ushers thereof, respectively to teach and instruct the said chUdren in grammar, so as no usher be appointed in any School where the number of the Scholars shall not exceed forty, which said schoolmasters and ushers, shall, in their respec¬ tive Schools, use their best and utmost endeavours to instruct all such children in their respective Schools to write, and cast accounts, and as far as the chUdren are capable, shall teach and instruct them in the Latin, Greek and Hebrew tongues, and fit them for the University, (if the same be desired) and the same school¬ masters, ushers and scholars, shall be, from time to time, visited and approved of, in such manner as is hereafter in these presents expressed.
And further, we, of our more especial grace, certain knowledge and mere motion, have ordained, con¬ stituted, assigned, limited and appointed, and by these presents for us, our heirs and successors, do ordain, constitute, assign, limit and appoint, that the said Free Schools, shall, from henceforth, for ever hereafter be, remain, continue and be connected, employed and used for Free Schools ,for the teaching and instructing of twenty such poor chUdren or scholars, who shall dwell or inhabit within two English mUes of the said respective fochools, and also for the teaching and instructing of aU and every of the ehUdren of the ten¬ ants of the said Erasmus Smith, his heirs, executors or assigns, at what distance soever from the said Schools such tenant shall dwell or inhabit, according to the true intent and meaning of these presents.
And to the end that such a Corporation may be legally erected as may be most fit and proper to take care of the several charitable uses hereby intended to be established, and which for the better execution and performance thereof may be capable of conveyance of the lands and tenements contained in certain letters-patents herein beforementioned and referred unto, we are graciously pleased to declare, that the persons hereafter named, shall, forever hereafter, be incorpor¬ ated, named and called by the name of The Governors OF THE SCHOOLS FOUNDED BY ERASMUS SMITH, ESQUIRE?
and the Governors of the same Free Schools by the name of The Governors of the Schools founded by Erasmus Smith, Esquire, we do firmly, by these
