Mercer's Hospital Act 1749
MERCER’S HOSPITAL ACT 1749 | ||
CHAP. XVIII. | ||
An Act for regulating the hospital founded by Mary Mercer, spinster. | ||
Proposol by Mary Mercer to build a house for 20 poor person in St. Peter’s Dublin, | ||
Ground demised for that purpose for 999 years on 25 Feb 1724 by the parishioners: | ||
House built pursuant thereto: | ||
Indenture 20 May 1734, to trustees to fit up said house for reception of sick persons: | ||
Lease 29 August 1707 of ground by mesne assignments vested in said trustees: | ||
Sick and wounded received and attended in said house: | ||
several trustees dead: | ||
necessary to incorporate them. | ||
Parishioners of St. Peters desirous to grant said ground in perpetuity: | ||
to carry said charitable schema into execution: | ||
from 25 March 1750 a body corporate for ever to execute the grant of Mary Mercer as to the hospitals. | ||
the persons of whom to consist. | ||
WHEREAS Mary Mercer of the city of Dublin spinster, being piously and charitably inclined to build at her own charge a house for the reception of twenty poor girls or other poor persons, proposed to build the same in the parish of St. Peter’s in the suburbs of the city of Dublin, provided the said parish would set out to the said Mary a piece of ground for that purpose: and whereas the minister, church-wardens, and parishioners of the said parish of St. Peters, in order to encourage so pious a work did by act of vestry, bearing date the twenty fifth day of February in the year of our Lord one thousand seven hundred and twenty four, direct, that a lease should be made to the said Mary Mercer, her executors, administrators, and assigns, of the ground herein after mentioned for the term of nine hundred and ninety nine years: in pursuance of which said act of vestry the reverend Robert Daugatt, the then minister, James Hamilton, and Lewis Moore, esquires, church-wardens, the reverend John Evans, William Green and John Evans, gentlemen, then parishoners of the parish of St. Peter, in behalf of themselves, and other the parishioners of the said parish, did for them and their successors by deed, bearing date the twenty fifth day of February in the year of our Lord one thousand seven hundred and twenty four, demise, set, and to farm, let, unto the said Mary Mercer, her executors, administrators, and assigns, for the use aforesaid all that plot or parcel of ground, situate and being part of the ground commonly called St. Stephen’s Church-yard, in the suburbs of the city of Dublin; containing in front to St. Stephen’s Street, facing William Street, forty five feet and an half or thereabouts, and in depth from front to rear forty six feet or thereabouts, as the same is described, meared, and bounded, in a plan or map to the said deed annexed, for the term of nine hundred and ninety nine years, to commence from the twenty fifth day of September then last past, at the yearly rent of a pepper corn only, if demanded: and by the said deed the said Mary Mercer for herself, her executors, and administrators did covenant to and with the said minister, church-wardens, and their successors, that she the said Mary Mercer, her executors or administrators, should build within twelve months from the date thereof one house on the said plot or parcel of ground containing four rooms, to be employed for the habitation and reception of twenty poor girls, or such other poor persons as the said Mary Mercer, her heirs or assigns, should from time to time direct and appoint to live therein: and whereas the said Mary Mercer did build a house on the premisses pursuant to her said covenant: and whereas by indenture quadrupartite, bearing date the twentieth day of May in the year of our Lord one thousand seven hundred and thirty four, mentioned to be made between the said Mary Mercer of the city of Dublin, spinster, of the first part, the reverend Doctor Charles Whittingham, arch-deacon of Dublin, minister of the parish-church of Saint Peter, captain John Petre of the city of Dublin gentleman, and John Wilton of the said city, painter, church-wardens of the said parish, the reverend John Antrobus and David Latouche of the city of Dublin merchant, parishioners of the said parish, in behalf of themselves and other the parishioners of the said parish, of the second part, John Bowes esquire, his Majesty’s solicitor-general, and Boleyn Whitney, of the city of Dublin esquire, of the third part, his grace doctor Hugh Boulter, lord archbishop of Armagh, and primate of all Ireland, his grace doctor John Hoadley, lord archbishop of Dublin, the right reverend doctor Charles Cobb, lord bishop of Kildare, and dean of Christ-Church, Dublin, the right honourable Thomas How, then Lord Mayor of the city of Dublin, Charles Burton, and William Woodworth esquires, high-sheriffs of the said city, doctor Jonathan Swift, dean of Saint Patrick’s, the reverend Charles Whittingham, archdeacon of Dublin, the reverend doctor William Jackson, minister of Saint John’s parish, Dublin, the reverend Dean Percival, minister of Saint Michan’s parish, Dublin, William Stephens, and Francis Le Hunt, of the city of Dublin, Esquires, and Doctors of Physick, Hanibal Hall, William Dobbs, and John Stone, of the city of Dublin, Esquires, and surgeons, of the fourth part, reciting the said lease made by the minister, church-wardens, and parishioners of the parish-church of Saint Peter, and also reciting that she the said Mary Mercer had erected and built on the said plot of ground a large stone-house or messuage, with conveniencies and accomodations thereunto belonging, fit for the reception and habitation of poor persons, pursuant to her intention in taking the aforesaid lease, and also reciting that she the said Mary by the advice and approbation of the said minister, church-wardens, and parishioners, was disposed to settle and convert the said stone house or messuage for the accomodation and use of such poor persons, as may happen to labour under diseases of tedious and hazardous cure, such as the falling sickness, lunacy, leprosy, and such other diseased or infirm poor persons, as the trustees named by her, and such other trustees as should from time to time be nominated and appointed, should from time to time judge proper objects to be placed therein, as into an hospital set apart for the reception of poor infirm persons, the said Mary, in order to settle the said stone-house for the purpose aforesaid, and also for the considerations mentioned in the said indenture bearing date the twentieth day of May in the year of our Lord one thousand seven hundred and thirty four, did by the advice, direction, and consent of the said Charles Whittingham, John Petre, John Wilton, John Antrobus and David Latouche, grant, bargain, and sell unto the said John Bowes and Boleyn Whitney, and to the survivor of them, and to the executors and administrators of such survivor, all that the aforesaid large stone house or messuage, with the appurtenances thereunto belonging in Saint Stephen’s Church-yard, in the parish of Saint Peter, Dublin, aforesaid, for the remainder of the term of nine hundred and ninety nine years, then to come and unexpired, upon special trust and confidence that the said John Bowes and Boleyn Whitney, and the survivor of them, and the executors and administrators of such survivor, should permit and suffer his grace Doctor Hugh Boulter, lord archbishop of Armagh, and primate of all Ireland, his grace Doctor John Hoadley, lord archbishop of Dublin, the right reverend Doctor Charles Cobb, lord bishop of Kildare, the right honourable Thomas How, Charles Burton, William Woodworth, the reverend Doctor Jonathan Swift, the reverend Charles Whittingham, the reverend Doctor William Jackson, the reverend Dean Percival, William Stevens, Francis Le Hunt, Hanibal Hall, William Dobbs and John Stone, or any five of them, and such other trustees as should be elected, to fit up and order the said house for the reception and accomodation of such poor, sick, and diseased persons, as might happen to labour under diseases of tedious ami hazardous cure, such as the falling-sickness, lunacy, leprosy, and the like, or of such other diseased or infirm poor persons, as the said trustees should judge proper to place therein, and to be taken care of and disposed of therein according to such rules and orders, as the said trustees should from time to time frame and settle for the purpose of the better habitation, cure, and accomodation of such poor and infirm persons; and also to lay out all sums of money, gifts, or legacies, as the said trustees should be intrusted with, for the use of such poor infirm persons so to be settled in the said house; and also to the intent that the aforesaid trustees for the purposes aforesaid might be perpetuated and effectually answered, it was by the aforesaid indenture declared, that any five or more of the said trustees upon the decease of one or more of the said trustees might proceed to elect by baloting one or more persons to be trustees in the place and stead of such one or more so deceasing; which said new trustees, to be elected, were to be invested with the same powers for the execution of the said trust, as the said persons so deceasing were invested with; and to the further intent that the said trustees, if they should think it necessary, might procure a charter of incorporation for the purpose aforesaid: and whereas by indenture of lease, bearing date the twenty ninth day of August in the year of our Lord one thousand seven hundred and seven the reverend John Kearns, then minister of Saint Peter’s parish, in the suburbs of the city of Dublin, Richard Arnoldi, Esquire, and Thomas Cumberlidge, poulterer, then church-wardens, in pursuance of an act of vestry, bearing date the twenty sixth day of August in the year of our Lord one thousand seven hundred and seven, in consideration of the yearly rent of thirty shillings reserved to the then minister and church wardens, and their successors, and the other considerations therein mentioned, did demise and set unto Edward Burley all that piece of ground, being the old passage going into the church yard of St. Stephen’s, containing in the front nineteen feet, twenty six feet deep from front to rear, and containing seven feet in the rear, be the same more or less, bounded on the East to Mr. Knight’s poor-house, on the west to the house in which John Carty lately dwelt, on the north to the pavement, and on the South to the church-yard, from the twenty ninth day of September next ensuing the date of the said indenture, for and during the term of nine hundred and ninety nine years; which said last mentioned piece of ground has come by mesne assignments to, and is vested in, the trustees of Mercer’s hospital, as by the several assignments, indorsed on the said last in part recited indenture, may appear: and whereas the said house was fitted up, and for several years past the sick and wounded have been received therein, and duly attended by physicians and surgeons without fee or reward, to the great relief of the poor and benefit of the publick: and whereas several of the said trustees are dead, and a regular succession cannot be had but by incorporating the survivors into a body politick, with power to elect persons in the stead of such as shall die: and whereas the minister, church-wardens, and parishioners of the said parish of Saint Peter, are desirous to grant in perpetuity the ground so demised as aforesaid, and also any other part of the old church-yard of St. Stephen’s, which may be necessary and useful to the said hospital, which cannot be done without the aid of an act of parliament: for the better carrying therefore into execution the said charitable scheme his grace the said Doctor Charles Cobb, now lord archbishop of Dublin, Charles Burton and William Woodworth, esquires, William Stevens and Francis Le Hunt, doctors in physick, and John Stone, surgeon surviving trustees in the said Mary Mercer’s deed, by and with the consent of the said John Bowes, now lord chief baron of his Majesty’s court of Exchequer in Ireland, and of the said Boleyn Whitney, are desirous, that a corporation should be created by act of parliament. effectually to answer the charitable intentions of the said Mary Mercer, and that the said stone-house with the appurtenances granted to the said John Bowes and Boleyn Whitney, and also the piece of ground which by mesne assignments came to the trustees of Mercer’s hospital as aforesaid, should be vested in the persons herein after mentioned, as a body corporate, upon the same trusts, and to the like intents and purposes, and under the same rules and directions, as in and by the said deed of the said Mary Mercer are expressed and declared: be it enacted by the King’s most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that from and after the twenty fifth day of March in the year of our Lord one thousand seven hundred and fifty there be and shall be a body corporate to continue for ever for the execution of the said grant of the said Mary Mercer, so far forth as the same relates to the said hospital so erected as aforesaid, and to answer the several intentions and purposes therein contained, or herein after mentioned; which body corporate shall consist of the several persons herein after named; that is to say, his grace the lord primate of all Ireland, the right honourable the lord chancellor, and the right honourable the speaker of the house of commons, all for the time being, the most reverend Charles lord archbishop of Dublin, and the most reverend Josiah lord archbishop of Tuam, and their successors for the time being, the right honourable James Earl of Kildare, the right honourable William earl of Blessington, the right honourable Humphry lord viscount Lanesborough, the right reverend Thomas lord bishop of Kildare, the right reverend Robert lord bishop of Clogher, the right reverend Edward lord bishop of Elphin, the right honourable Charles lord Tullamoore, the right honourable Richard lord Mornington, the right honourable John Bowes esquire, lord chief baron of the Exchequer, the right honourable John Ponsonby esquire, the right honourable Luke Gardiner esquire, the honourable Thomas Butler esquire, Sir John Rawdon baronet, Robert Ross, Robert Downes, Boleyn Whitney, William Tighe, Thomas Le Hunt, Thomas Packenham, Charles Burton, William Woodworth, Alexander Mc. Aulay, John Rochfort, John Putland, Robert Stannard, Richard Baldwin, and Columbine Lee Care esquires, the reverend Samuel Hutchinson dean of Dromore, John Madden doctor of divinity dean of Kilmore, John Owen doctor of divinity, dean of Clonmacnoise, Richard Pocock archdeacon of Dublin, John Wynne doctor of divinity, James King doctor of divinity, Alexander Bradford doctor of divinity, and James Jackson clerk, Francis Le Hunt, William Stevens, and John Anderson doctors of physick, John Stone, George Daunt, Rice Gibbins, Rathborn Mills, Joseph Shewbridge, and George Wittingham, surgeons. |