To the Right Honourable JOHN LORD ELDON, INFORMING, sheweth unto your Lordship Sir Samuel Shepherd Knight, Original InHis Majesty's Attorney-General, at or by the relation of Nathaniel At- formation, filed cheson, of Petersfield, in the county of Southampton, Esquire, Edward November Patrick, of the same place, Esquire, Henry Clifton Atkinson, of the same 1818. Amended place, Gentleman, Samuel Andrews the Younger, of the same place, Gen- Information, tleman, John Mellersh, of the same place, Gentleman, Thomas Chitty, of filed 9th Fe the same place, Gentleman, James Andrews Minchin, of the same place, bruary, 1820. builder, James Calvert, of the same place, mercer, George Leer, of the same place, brewer, William Newman, of the same place, glazier, John Chase, of the same place, grocer, James Monk, of the same place, grocer, and David Todman, of the same place, smith, for and on the behalf of the persons belonging to the borough of Petersfield aforesaid, who are entitled to the benefit of the charitable bequests hereinafter mentioned, that Richard B Will of the Churcher, late of the borough of Petersfield, in the county of Southampton, East India merchant, made his last will and testament in writing, bearing date the sixteenth day of January one thousand seven hundred and twentytwo, and thereby amongst other devises and bequests therein mentioned, gave and devised in the words or to the effect following (that is to say); "I give, devise, and bequeath unto Robert Mitchell, Esquire, Mr. Serjeant Miller, Lewis Buckle, Esquire, Dr. John Bettesworth, Mr. George Aylmer, Clerk, Mr. John Hyland, of the borough of Southwark, and my brother Adam Churcher, for the uses hereunder mentioned, the sum of three thousand pounds which I have in the Bank of England, whether it be called capital or nominal stock, with all the interest thereon that shall be due on the day of my decease, for the establishing a college in the borough of Petersfield, consisting of a master and ten or twelve boys, as the trustees shall judge most convenient according to the annual income; the boys to be taken out of, and belonging to the said borough of Petersfield, of any age from nine to fourteen that are healthful boys, and whose parents will give security to the trustees to oblige their sons (as much as in them lieth), to be bound apprentices unto masters of ships that make their voyages unto the East Indies, after they have been educated in the arts of writing, arithmetic, and the mathematics, chiefly that part as relates to navigation; and after they have had their diet, clothing, and tutorage free, at the bounty of the founder of this college, which shall be called by the name of Churcher's College; and in order to purchase an edifice ready built, or to build one of new materials capable of receiving a master and ten or twelve boys. And that the trustees may be enabled to perfect the college, and to give encouragement to the pupils whilst under tutorage, or when bound apprentices, for convenient clothing, &c., I give unto the abovenamed gentlemen and trustees the sum of five hundred pounds, to be paid to them or their successors in trust, by my executor, so soon after my decease as the trustees shall find it necessary to complete the college. And I do hereby desire the gentlemen trustees to assist with their advice and direction in so charitable a work, which I hope will much contribute to the good of the public. And my will is, that the underwritten articles and rules be observed; that is to say, First, that upon the death of any of the aforenamed trustees, those of them remaining, or the major part of them, have full power to appoint another, and so from time to time, that the number of seven trustees for the purposes aforesaid may be full. Secondly, that the trustees, or the major part of them, have full power to appoint a person that is a layman to be master; as also to appoint the ten or twelve boys according as their annual income will best answer to either of the two numbers; also that the trustees, or the major part of them, have power upon such misdemeanors (either in the master or any of the pupils) as they judge heinous offences, to displace such, and appoint others in their stead. Thirdly, that the three thousand pounds Bank Stock remain in that company, never to be changed for other security, but upon the greatest reason and with the consent of all the trustees. Fourthly, that out of the annual income arising from this fund, forty pounds per annum be paid half-yearly to the master, and ten pounds per annum for each boy's board, forty shillings per annum for each boy's clothing; viz. waistcoats and breeches of such colour as the trustees please, but the upper garment to be a blue gown, having on each a badge of metal, with the arms of the East India Company on it, with the addition of shoes, stockings, shirts, and blue caps. Fifthly, it is my will that my silver tankard, and the picture of the founder remain as standards in the same college for ever. Sixthly, that twenty shillings per annnm be allowed for entertainment once in a year, when and where in Petersfield the trustees shall be pleased to meet, or the major part of the trustees, to direct the master in the management of such part of these charitable benevolences as he may be concerned in." And he made, constituted and appointed the said Adam Churcher his brother, since deceased, sole executor of his said will, who duly proved the same in the Prerogative Court of Canterbury, as in and by the said will, or the probate thereof, could His Majesty's Attorney-General, or the said relators, produce the same to this Honourable Court, might more fully appear. And His Ma jesty's Attorney-General, by the relation aforesaid further informing sheweth, that soon after the death of the said Richard Churcher, the testator, a proper edifice or building was erected in the borough of Petersfield as a college for the reception and entertainment of the said master and scholars according to the directions of the said will, and the said sum of five hundred pounds thereby given and bequeathed to the trustees for that purpose, and so much and such part of the dividends arising and produced from the said Bank Stock, as was requisite and necessary in that behalf, were issued and applied in and for the building, finishing, and completing the said college, and the remainder of the dividends which arose and were produced from the said Bank Stock, before and until the said college was built and finished, were from time to time invested in the purchase of South Sea Annuities, making in the whole eight hundred pounds Annuity Stock, for the use and benefit of the said charity. And after the finishing and completing the said college and building, a master was appointed for, and twelve boys were taken into, and entertained in, the said college, and the growing dividends in the said Bank Stock and South Sea Annuities were applied by the then trustees for the maintenance and support of the said college, pursuant to the direction and charitable intention of the said Richard Churcher the testator. And his Majesty's Attorney-General by the relation aforesaid further sheweth, that in or about the year one thousand seven hundred and thirty-five, John Willes, Esquire, his Majesty's then Attorney-General, filed an information in this Honourable Court, at the relation of John Jol- Information liffe, then of Petersfield aforesaid, Esquire, for and on the behalf of the against surviv persons entitled to the benefit of the charitable bequests therein and herein- ing trustees before mentioned, against the surviving trustees for the time being, stating 1735. the will of the said testator Richard Churcher, and the erection of the edifice and other matters to the effect therein and hereinbefore mentioned and set forth, and further stating that all due care ought to be taken to *promote so useful and excellent a charity, and to continue a succession of proper trustees, but that four of the trustees therein named being dead, the four other persons therein also named had been appointed trustees in their place and stead, and that Dr. Bettesworth and Richard Hassell, two others of the then trustees of the said charity, were residing near London at a great distance from Petersfield aforesaid, and that it being inconvenient for the said Dr. Bettesworth and Mr. Hassell to meet the other trustees at Petersfield once a year to give the necessary directions to the said master, in the management of such part of the said charitable benevolences as he was concerned in, and also to attend the other meetings which were necessary to be had by the said trustees, in order to the carrying on the said undertaking, the said Dr. Bettesworth and Mr. Hassell had therefore declined to be any further concerned in the said trust or to act therein, and that by reason or means thereof, and for want of having a sufficient number of the said trustees resident in or near the said borough of Petersfield to attend the said meeting, and have the care and inspection of the said college and the management thereof, the said charitable establishment did suffer, and was in danger of suffering more in case the full number of trustees directed by the said will was not forthwith made up with fit and proper persons who would act in the said trust; and therefore praying, amongst other things, that the said Dr. Bettesworth and John Hassell might declare whether they would act in the said trust or renounce and relinquish the same, and if they should renounce the said trust then that other fit persons might be appointed trustees to join with the other trustees therein named, to carry on and execute the said trust for the future; and that upon the death of any of the trustees for the time then to come, new trustees might be appointed by the then surviving trustees, in the place and stead of them so dying, and that such other directions might be given for carrying on the said college according to the intention of the said testator the founder as should be thought proper and necessary. And his Majesty's Attorney- Answer to the General, by the relation aforesaid, further sheweth, that the several de- information in fendants to the said information appeared and put in their answers to the 1735. same, and particularly the said defendant John Hassell, in his said answer, stated amongst other things that he was then living for the most part in or Decree in the suit in 1735. near London at a great distance from Petersfield, and it being inconvenient for him the said defendant to attend at the several meetings which were necessary to be had by the said trustees, in order for the carrying on of the said college and undertaking, and the said defendant thereby admitted that he had therefore declined to be any further concerned in the said trust, or to act therein, and hoping that he should be discharged therefrom, and a new trustee appointed in his stead; and the said other defendant Dr. Bettesworth, by his said answer, also stated, amongst other things, that he had been appointed a trustee by the said testator Richard Churcher, but that he had never acted therein, but had declined the same, and therefore that in regard he the said defendant resided altogether in or near London, he hoped he should be discharged from the said trust. And his Majesty's Attorney-General further sheweth in manner aforesaid, that in pursuance of a decree of the High Court of Chancery made in the said cause, and bearing date the twenty-eighth day of June, one thousand seven hundred and thirty-seven, the said three thousand pounds Bank Stock and eight hundred pounds South Sea Annuities were transferred to and vested in the said John Hyland, and also in Charles Cole, John Cowper, Thomas Bates, and also to John Jolliffe, Esquire, Norton Powlett, Esquire, since deceased, and John Radcliffe, Esquire, since also deceased, who were appointed the three new trustees of the said charity in the room of the said defendants, Dr. Bettesworth and John Hassell and Adam Churcher; and the said three thousand pounds Bank Stock and eight hundred pounds South Sea Annuities were then standing in the names of the said trustees for the purposes of the same charity, in the transfer books of the Bank of England and South Sea Company respectively, as in and by such information, decree, and other proceedings now of record in this HonourableCourt reference being thereunto had, and to which his Majesty's Attorney-General craveth leave to refer, when produced will more fully appear. And his Majesty's AttorneyGeneral, by the relation aforesaid, further sheweth unto your Lordship, that by an Act of Parliament passed in the eighteenth year of the reign of King Act of Parlia- George the Second, entitled "An Act for regulating and making more ment, 18 Geo. effectual certain Charities given by the will of Richard Churcher, merchant, II. deceased, for the benefit of the town and borough of Petersfield, in the county of Southampton," reciting, as hereinbefore is recited, and taking notice of the aforesaid decree; and also further reciting, that the said Norton Powlett and John Radcliffe were dead since the making of the said transfers, and Norton Powlett, Esquire, the son of the said Norton Powlett, deceased, and John Trodd, surgeon, had been appointed Trustees of the said charity in their stead; and further reciting, that as the said borough of Petersfield was not a sea-port, few of the inhabitants of the place were inclined or would consent to have their children instructed in mathematics and navigation only, and in case the said children were so taught and educated, their parents were not able, or, if they were, the yearly revenue of the said charitable fund could not be applied to place them out apprentices on board East India ships, in regard the captains or masters thereof refused to take any such apprentice: And that it also appeared, that the yearly produce and income of the said fund was greatly deficient to answer all the charitable uses and purposes mentioned in and intended by the said will, so that although the charitable donation was intended for the benefit of the said town and borough of Petersfield, yet as the Trustees had found by experience, that some of the rules and articles, directed and prescribed by the will of the donor, relating to the said charity, were impracticable, and could not be literally observed and executed, they were apprehensive that the said town and borough, would, in a great measure, be deprived of the benefit of the said donation, and that the charitable intention of the said donor would be disappointed and defeated, unless some of the rules, articles, and directions, were varied and explained, and better adapted to the circumstances of the said town and borough; and on that consideration, and out of the great regard the then Trustees had for the memory and charitable intention of the said Richard Churcher, the donor, and for the common good and welfare of the said borough of Petersfield, they did propose and desire, that instead of the rules, orders, and directions given, ap pointed, and prescribed, by the said recited will, the rules, orders, and directions therein and hereinafter particularly mentioned, might be observed, pursued, and kept, in and about the management and government of the said College, and the disposition of the charitable fund given and provided for the maintenance and support of the same: And that the same rules, orders, and directions, might be ratified, established, and confirmed, by authority of Parliament, it was by the said Act now in recital enacted, that from and after the twenty-fourth day of June, one thousand seven hundred and forty-five, the several rules, orders, and directions, thereinbefore mentioned, and in the schedule thereto set forth, should be observed and kept, in, about, and concerning the government and management of the said College, founded by the said Richard Churcher, and the disposition and application of the fund given and provided by his will for the maintenance and support of the same: And that the Trustees of the said charitable donation and their successors should from thenceforth for ever stand and be possessed of and interested in the said three thousand pounds Bank Stock and eight hundred pounds South Sea Annuity Stock, and all the dividends and yearly proceeds arising and to be produced from the same, upon trust in the first place, for the paying and defraying the charges and expences attending the obtaining and passing the said Act, and afterwards, and subject thereto, in trust to apply, pay, and dispose of, the dividends and yearly proceeds, from time to time arising and to be produced from the said Bank Stock and South Sea Annuity Stock, to and for the ends, intents, and purposes, and subject to the several rules, orders, and directions, there and hereunto annexed, mentioned, directed, appointed, and prescribed: And it was thereby further enacted and declared, that if the said three thousand pounds Bank Stock and eight hundred pounds South Sea Annuity Stock, or any part thereof, should be paid in or annihilated, or the yearly dividends or proceeds thereof be reduced or lessened by authority of Parliament or otherwise, or in case any order should be made by the Lord High Chancellor of Great Britain, or the Lord Keeper or Lords Commissioners of the Great Seal of Great Britain, upon the petition of the Trustees of the said charity, or the major part of them in that behalf, for selling and disposing of the said Bank Stock and South Sea Annuity Stock, or either of them, or any part thereof respectively, and for placing out the money arising and produced by such sale upon any fund or securities, for the purposes of the said charities, then, and in either of the said cases, it should and might be lawful to and for the said Trustees for the time being, or the major part of them, to sell and dispose of such part of the said Bank Stock and South Sea Annuity Stock as should be so ordered to be sold, or whereof the interest or dividend should be reduced as aforesaid, and to place out the money arising and produced by such sale, and to be paid off upon such annihilation respectively, upon such funds or securities, in trust for the purposes of the said charity, as the said Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal for the time being respectively should, in that behalf, order, direct, and appoint, any thing in the said will to the contrary thereof contained notwithstanding: And it was thereby further enacted and declared, that in case the interest, dividends, and yearly proceeds, of the said Bank Stock and South Sea Annuity Stock, or other fund of the said charity for the time being, or any of them respectively, should, at any time thereafter, be reduced or diminished, so that the same should not be sufficient to answer and make good all the payments proposed and intended to be made according to the several rules, orders, and directions mentioned and prescribed in the said schedule, then and in such case it should and might be lawful to and for the trustees of the said charity for the time being, to make such reduction either of the number of boys to be placed out apprentices, or of the sums to be paid and allowed for their clothes and other necessaries, or in any other of the payments and allowances in the said schedule mentioned and directed as they should in that behalf think proper and expedient, any thing therein contained to the contrary notwithstanding. And to which act was annexed a schedule containing the rules, orders, and directions aforesaid, and which is in the words and figures, or to the purport and effect follow |