The daily morning journal and courier., 1901-10-17

Unenrthed by Captain Charles H.
 Townshend-The stoppage of Elihu
 Yale's Gift to Yale College Explained 9S -He Was Compelled to Pay the Debt
 ofa Trusted Friend who Absconded.
 An exceedingly interesting historical { document has been placed on record
 Tor the Yale Bi-centennial, the docu-
 ment explaining why Elihu Yale the
 donator of the college, gave to it only
 the first donation which he made. It
 has been a cause of remark that the
 former governor of the East India com
 pany of Great Britain, who gave to the
 college it's largest donation for the first
 quarter century of it's existence, and
 whose letters have been found express
 Ing great interest in the college named
 after him, abruptly ceased his gifts to
 the college.
 Captain Charles H. Townshend, of
 New Haven, a descendant of Elihu
 Yale's uncle, Thomas Yale, obtained in Europe after much research a copy of
 the record of a suit of Elihu Yale 84 against the king of England in 171S, to recover forty thousand pounds, which
 MT. Yale claimed had been taken from
 him illegally and had reverted to the < crown. The story of this suit explains the failure of Elihu Yale to leave be- quest to the college at his death The
 copy of the document follows:
 4 Katherine Yale, widow relict and ad < ministratriX of Elihu Yale, Esq, lately
 deceased, plaintiff upon a writ of error,
 returnable in Parliament.
 His Present Majesty, Defendant. sM THE PLAINTIFF IN ERRORS CASE
 A writ of error was brought by the
 said Elihu Yale, in his life, to reverse Judgment given against him by the
 Court of Exchequer, at the suit of His s Majesty for forty thousand pounds. s .Bnt he dying soon afterwards, the re- < cord was never transmitted to Parlia-
 ment; whereupon the present plaintiff
 obtained a new writ of error in order ssto reverse the said judgment; upon < which the case is as follows, viz:
 %s John Charleton and Edward Paunce- < fort, *Esqs., were jointly and severally ' Appointed, CD to be receivers general { and cahiers of the revenues of excise by
 q constitution under the hands and seals Df the commissioners of excise only, and
 not by commission under the great seal,
 or by any authority immediately from < Ills Majesty.
 X MT. Pauncefort being so appointed, Ayentered into an agreement with Sir IMatthew Kirwood, Knt, Ca gold emith) in London, to employ him as his banker or cashier, to receive all sum
 and sums of money, bills, notes and pa-
 Aers, as he should think fit to pay or
 eliyer to him, as well on the account
 3the said revenue of excise as on his 5 said Edward Pauncefort's own pri-
 ke account; and insisted on security
 be given to him, the said Edward
 Auncefort, by the said Kirwood on
 nat occasion. Whereupon the said Sir
 4alrrew Kirwood, prevailing upon the
 i'd Elihu Yale to become his surety
 s, the said Edward Pauncefort, took
 bond (2) from the said Sir Matthew
 arwood and MT. Yale, as his surety,
 the name of His Present Majesty, of 1he penalty of forty thousand pounds, Rmade payable in these words, viz, Sol yendum eldem Domino Regi, haereol- gbas vel Guccessoribus suis, with con- dition reciting inter alias, that MT. sHauncefort had agreed to employ Sir Matthew Kerwood for receiving from him, his clerks or agents, all such | sum and sums of money, bill and bills | Sof exchange, notes, bonds and other pa- pers as he should from time to time { think fit to pay or deliver to him or his order on account of His Majesty's | revenues of excise on beer and ale and | other liquors; and also the duty on malt, hops, soap, paper, silk and cali |cOes, Sc, or any of them, or relating to any other revenues or payments be- longing to His Majesty or to the said Edward Pauncefort on his own private account. Therefore the condition of the Esaid bond was that if Sir Matthew iKerwood should, whenever he was Thereto required but more particularly every Tuesday, except the same be holy day eff required) pay and deliver, or cause so to be, in bank, silver or gold. unto the said Edward Pauncefort, his agent, executors or assigns, all such sums of money as he or any person by his order or privity should have re- ceived. or collected, or should have in his or their hands, by virtue of any bills, notes or other papers in any wise IGlHIlNB 10 CHe Sdlu TeNeuue, or OIl any account belonging to His Majesty or unto the said Edward Pauncefort on his own particular account; and should also deliver to the said Edward his executors, &c, all bills notes, papers, &c., and all other things whatsoever relating to the said reve- nues or to the said Edward Paunce- fort, then the obligation to be void or , eIse to remain in force. E After which bond so taken, the said Sir Matthew Kerwood entered upon the :, said employment of banker and cash Ter to the said Edward Pauncefort, and continued therein till Saturday, the :, 30th of August, 171S, at which time he / and Mir Pauncefort compared and bal T anced their books. and upon the bal ( ance 1t appeared Sir Matthew was in o iebted to MT. Pauncefort s10,153, 00s, V lS 3-4d. Sir Matthew Kerwood and Robert |, Tenks, his partner, absconded without n 3aying the said balance (3). MT. Pauncefort obtained warrant f or an immediate extent against Ker- F wood by virtue whereof Kerwoods real f md personal estates were seized into h he kings hands (4. n In the same month of September a e ofra fu ias,1o6 ont the Eol1rt of | ,