did purchase the same unless such other person and persons do pursue their Title Claim or Interest by way of Action or lawful Entry within ten years after the end of this present Session of Parliament Saving to the King's Majesty Exceptions and Savings his Heirs and Successors all such Estate Right Title and Interest as his Majesty had or might have had unto any the said Mannors Lands Tenements and Hereditaments before the said Indenture made other than for or by reason of any Alienation in Mortmain And saving to all and every other person or persons Bodies Politique and Corporate and their Heirs and Successors other than the Heirs of the said Thomas Sutton and other than such person and persons from whom the said Thomas Sutton purchased the said Hospital House Mannors Lands Tenements or Hereditaments or any of them their Heirs Issues and Assigns and Persons claiming by from or under them respectively and other than such Person and Persons as shall claim the title of Alienation in Mortmain of any the said Mannors Lands Tenements and Hereditaments all such Estate Right Title Claim Custome Interest and Demand whatsoever as they or any of them have or shall have in as large and ample manner and form to all intents and purposes as if this Act had never been had nor made The Governours disabled to convey the Hospital House or Lands to the King And be it further enacted and established by the Authority aforesaid That the said Governours and their Successors shall be from and after the end of this present Session of Parliament for ever wholly and utterly disabled in Law to make do levy or suffer any Act or Acts Thing or Things whereby or by means whereof the said Hospital House Mannors Lands Tenements or Hereditaments or any part of them or any of them shall or may be aliened assured given granted demised charged or in any sort conveyed or come to the possession of our said Soveraign Lord the King All conveyances to the King of any the Hosâ—ital Lâ—â—… us to be vâ—â—…d his Heirs or Successors And that all Alienations Assurances Gifts Grants Leases Charges and Conveyances whatsoever from and after the end of this present Sâ—ssion of Parliament to be done sufferâ—â— or made to our said Soveraign Lord the King his Heirs or Successors by the said Governours or their Successors of or out of the said Hospital House Mannors Lands Tenements or Hereditaments or of or out of any part or parcel of them or any of them shall be from and after the end of this present Session of Parliament utterly void and of none effect to all intents constructions and purposes any former Law Statute Act Ordinance or other matter or thing to the contrary notwithstanding The Governours disabled to make any Estates but for 21 years or under or for one two or three lives or for any years determinabâ—e upon one two or three lives by Indenture in possession and not in Reversion at the usual Rent or more or the tâ—ue yearly value thereof And be it further enacted and established by the Authority aforesaid that the said Governours and their Succesors and every of them be also from henceforth for ever wholly and utterly disabled in Law to make do levy or suffer any act or acts thing or things whereby or by means whereof the said Hospital-house Mannors Lands Tenements or Hereditaments or any of them or any part of them or any of them shall or may be aliened assured given granted demised charged or in any sort conveyed to any Person or Persons Bodies Politique or Corporate other than Leases and Demises by Indenture of the said Mannors Lands Tenements and Hereditaments and every or any of them other than the said Hospital-house Orchards Gardens Backsides or any of them or any part of them or any of them now used for the habitation or use of or for the Master Preacher Schoolmaster Vsher poor Scholars and poor People of the said Hospital or any of them for the term of One and twenty years or under in possession and not in reversion or for one two or three lives or for any number of years determinable upon one two or three lives in possession and not in reversion and whereupon such yearly rent or more shall be reserved to the Governours of the said Hospital and their Successors during the continuance of every such Lease as is now reserved upon any demise thereof or otherwise the true yearly value thereof and other than Grants by Copy of Court Roll according to the Customes of the several Mannors respectively An Exception by granting by Copy of Court Roll. Provided nevertheless that it shall and may be lawful to and for the said Governours and their Successors to grant reasonable and convenient Annuities Rents or Fees to such person or persons as shall be Officers Ministers or needful Attendants concerning the affairs of the said Hospital only for life or at will So as the number of the Officers Ministers or needful Attendants be not increased above the Number which now is as fully and amply as they should or might have done as if this Act had never been had or made A Proviso for the Lord North. Provided always and be it enacted that this Act or any thing herein before contained shall no way extend to give any title to the said Hospital in or unto the Mansion-house now in possession of the Right Honourable Dudley Lord North or of his Assigns at or near the East end of the said Hospital nor unto any the Buildings Edifices Courts Gardens Orchards or Grounds thereunto belonging or therewith used or enjoyed nor unto any other the Messuages Tenements or Hereditaments of the said Lord North being within or near the Scite or Precinct of the said Hospital But that it shall and may be lawful to and for the said Lord North his Heirs Tenants and Assigns for ever hereafter to hold and enjoy against the Governours Master and other the Owners or Possessors of the said Hospital in the Charter-house now and for the time being the said Mansion-house and Premises and all ways and passages by Cart or otherwise Easements Waters Water-courses Chanels Pipes Conduits Cocks Liberties Profits and Hereditaments to the same or any of them belonging or therewith or with any of them now used or enjoyed or the which by the true meaning of any Grant Covenant Clause or Agreement contained in one Deed of Feoffment made by Edward Lord North unto Sir William Peter Knight and others bearing date the Sixth day of November in the Fifth year of the Reign of the late Queen Elizabeth and in one other Deed made by Roger late Lord North and others to the Right Noble Prince Thomas late Duke of Norfolk bearing date the last day of May in the Seventh year of the Reign of the said late Queen Elizabeth were meant and intended to belong unto or to be enjoyed with the said Mansion-house or any other the
at the Master's Table allowed it in kind at the rate of xiiii d. a man  ix iiii Five Attendants allowed it in kind at the same rate  v. x. Forty Scholars one Butler and one Groom allowed it in kind at six to a Mess with iiii d. allowance  xvi iiii Fourscore Brothers are allowed it in money by the Establishment vii   Ten at the Manciples Table two of the Kitchin and one Porter allowed it in mony iii.   In all Dyets and Beavors viz. weekly  xxxiii l. vi s. i d. ob In all Dyets and Beavors viz. yearly M. viic xxxi l. xviii s. vi d. ob For exceeding days  l. s. d. Twenty three Exceeding days namely Christmas-day St. Stephen St. John Innocents New years Epiphany Candlemas Shrove-sunday and Tuesday Kings-day Queens-day Lady-day Easter-day Munday and Tuesday Ascension Whitsunday Munday and Tuesday Midsummer Michaelmas All Saints Fifth of November and Twelfth of December xliiii ix iiii In all Dyets Beavors and exceeding days yearly Mt. viic. lxxvil. viis. xd. ob For Liveries  l. s. d. Fourscore poor men for Gowns at xls. a piece yearly Clx.   Forty Scholars for Gowns finished and made up at xxxvi s. ii d. a piece which makes yearly lxxii vi viii Summer Suits for forty Scholars at xxix s. vi d. a piece ix   Winter Suits like number at xvii s. x d. a piece xxxv xiii iiii For every Scholar yearly six pair of Shoos at xxd. the pair four pair of Stockings at xx d. the pair Hatt and Band iiii s. Garters Points and Gloves at xvi d. in all yearly xliiii   For every Scholar two Shirts at iii s. apiece and six Bands at x. d. apiece in all yearly xxii   For Books Paper Ink Quills and teaching them to Write and Cipher yearly xiiii   Four Gowns for the Chappel-Clerk Organist Manciple and Matron at xl s. apiece yearly viii   Sixteen Gowns for Sixteen Grooms and other inferior Officers at xx s. a man xvi   In all Liveries and other Necessaries yearly iiiic. xxxil. For Wages  l. s. d. For the Master of the Hospital yearly l.   The Council of the Hospital xv   The Steward of Courts for Cambridge and Essex x.   The Steward of Elcombe  xl  The Preacher xl   The Register and Solicitor xxx   The Receiver xxx   The Auditor without Dyet xl   The Schoolmaster xxx   The Chappel Clerk viii   The Usher xv   The Organist xiii vi viii The Manciple viii   The Pantler with xxvi s. viii d. for Beavors viii   The Physician and Physick xl   The Butler for the House with xxvi s. viii d. for Beavors viii   The Butler for the Scholars vi xiii iiii The Bailiff of Elcombe  xl  Other Bailiffs x.   Fourscore poor men at C s. for wages and xxvi s. viii d. a piece for Beavors vc vi.xiii. iiii The Sexton attending in the Hall and Chappel with xxvi s. viii d. for Beavors vii vi viii The Scholars Groom iiii   Other five Grooms at iiii l. wages and xxvi s. viii d. for Beavors xxvi xiii iiii The Gardner xx   The two Scullions viii vi viii The Porter for Wages and Beavors viii   The Matron xvi   The Landress xxx   The Cook besides his accustomed Kitchin Fees xvi   The Plummer for his time xx   The Barber for the Scholars  xl  The two Out-porters iiii   The Clock keeper  xl  The Surveyor of the Hall  lii  The Keeper of the great Chamber  xl  The Scholars Butler and Groom to make their Dyet equal to others  ciiii  The Scavenger vi   The Scrape Trencher  xl  Portage of Meat from Market vi x.  In all Fees and Wages yearly Mt. lxvil. vi Other Ordinary Allowances  l. s. d. The Masters Fuel x.   The Preachers  c.  The Register and Solicitor  c.  The Receiver  c.  The Schoolmaster iiii   Chappel Clerk  xl  The Usher iiii   The Organist  xl  The Manciple  xl  Law Charges xl   Fuel for the Hospital and allowance for weak and sick clii   Reparations lx   Renewing of Houshold-stuff l.   Washing and Starching Scholars Linnen vi   Candles xlv   Burials x.   Communions  xl  Quit Rents ix xvi  Surplus allowed for the Master and Strangers in the Hall viii   Loss in cutting out Beef xi    C. l. s. In all the other ordinary allowances yearly iiii xxxii xvi  l. l. l. C. l. s. d. Sum total of the yearly Expence of the Hospital for Dyets Liveries Wages and other ordinary allowances M. M. M. vii vi ix x. ob Besides Extraordinaries for Pary x l. Palmer ciiii s. This Establishment was made Nine and forty years ago since which time there have been considerable alterations chiefly upon the account of the increase of the Revenue which I shall set down in a fit place hereafter The next thing to be considered is the consummation of the Settlement to put it beyond all question which cannot be effected without a new Act of Parliament particularly designed to confirm this new Foundation in distinction from that at Hallingbury Therefore you find it propounded in the beginning of the Establishment which was in the first year of King Charles his Reign and in the third this following Act of Parliament was obtained which I have been told was never before printed and therefore proper for this place The Exemplification under the Great Seal of England of the Act of Parliament for confirmation of the Hospital of King James founded in Charter-house in the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire and of the Possessions thereof CAROLUS Dei gratia Anglie Scotie Francie Hibernie Rex Fidei Defensor ' c. Omnibus ad quos praesentes Litere pervenerint Salutem Inspeximus quoddam breve nostrum de Cerciorand ' è Curia Cancellarie nostre nuper emanand unacum quoddam retorn in dorso ejusdem brevis fact in Filaciis dicte Cancellarie nostre de recordo residend in haec verba carolus Dei gratia Anglie The Writ of Certiorari Scotie Francie Hibernie Rex Fidei Defensor c dilecto nobis Henrico Elsyinge Armiger ' Clerico Parliamentorum nostrorum Salutem Volentes certis de causis Certiorari super tenore cujusdam Actus Parliamenti nostri apud Civitatem nostram Westm ' Decimo septimo die Martii ultimo praeterito inchoat ' ibidem usque vicesimum Sextum diem instan Mensis Junii
Free from disquiet and complaint Which trouble and distract the busie head Such peaceful paths his Infancy did tread Here the great Cowley's Poet and his Saint Was taught the Elements of Speech and Piety Cowley he was the Subject of thy Pen That Pen which did bewail the end Of thy most dear and most lamented Friend For thou didst but desire when he was snatch't from us frail men A modest portion of his sacred fire Yet some may say thy Charity was blind Because it has thy modesty outran For thou hast prov'd so kind T'embalm and bless that very man Who left Religion and his Friend behind 'T is true alas had he not stept aside But in his Mothers bosom dy'd Had his Muse not wanton been Nor fled unto Loretto's shrine He might have long since this begun From smaller Numbers his eternal Song 16. Here our first James that wore the Brittish Crown Weary'd with acclamations and the toyl Of travel to unite this long divided Isle Enter'd withall the Noble Train he â—ed Within these walls three nights he laid his thoughtful head Until he did advance into the Town Until another Palace was prepar'd As Princes came from far to view the Throne Of Mighty Solomon So Scotland's King mov'd many a tedious mile Drawn with the Fame of this Great Pile He came and saw more than ever he had heard 17. Exactly on the South I saw A comely Structure shew its head And when I question'd whose abode It was I heard the Law And Gospels read I saw twice forty Elders drawing nigher I heard the Musick of the sacred Quire And then I knew it was the House of God 18. The Image of thy boundless Soul Where e're our gazing eyes do roul Is the fair object of our view To Youth untaught to number years To active youth well near its prime In glorious Visions it appears The Aged too still dream of you Although they 're e'en worn out with time Here Innocence and Piety Are fed and nurst by Charity Here the tender Plants do grow A handsome and a graceful show There the tall and Aged Oake In patience waits the fatal stroke Which as it falls must lye Until it approach Eternity 19. Sickness and death are almost strangers here No ill-foreboding Comet dare appear Whilst Nedham's nigh they cannot kill No Carthusian blood can spill In vain they tempt his known and mighty skill In vain they make a needless strife All that belongs to human life To every Limb to every Nerve To fortifie repair and long preserve He knows it all And then for shame why do we call The Seat of Health an Hospital H 'as trac'd the Infant from the womb Through all his changes to the Tomb H 'as planted here the Tree of Life that Fate Has no Comission for to enter Here no contagious ills dare venture While this great Aesculapius guards the Gate 20. He that Robs thy Treasury of Love Shall feel the Scourge of Heaven above And as to Scripture if we strive to add 'T is thought a Crime a most as bad For then our Benefactions are in vain We empty Cockles in the boundless Main To thee alone Great Sir we pay this Right Of Thanks Thy arge and crowded Store Will entertain no more No not the Widow's Mite And yet thy Charity 's not bestow'd in vain For many Ages hence it will be found again Thy Bread is cast upon and covers all the Main 20. The Influence of thy mighty Zeal Does warm these Northern parts Dissolves the Ice and softens all our hearts Thy Love amazes all the Roman Spyes It warms our Clime and dazles all our Eyes And what is more in this fair solitude Thou by a Miracle Dost now instruct and feed a multitude So that if Saints above can understand and see How things are acted in this Vale of Misery Thy Charity to us must still encrease For there they say 't will never cease Though all thou hadst on Earth was given Yet thou hast Blessings to bestow On us poor Mortals here below As thou art made Lord Almoner of Heaven The CONTENTS Of the Old Foundation AN Account of the Rise and Original of the Carthusian Order Cap. 1. Page 1. Of the Rules and Constitution of the Order c. 2. p. 7. Of their Transplantation and Number in England c. 3. p. 12. Of the Charter-house or Carthusian Monastery near Smithfield c. 4. p. 15. Of their Fabulous Miracles c. 5. p. 22. King Edward the Third's License or Grant for the Foundation of the Monastery p. 30. Bulla Urbani Papae p. 32. Of the New Foundation Sutton's Life p. 37. The Occasions of his growing Rich p. 40. Knott the Jesuit's unjust Censure of him p. 45. Sutton's Death and Funeral Solemnities p. 54. Bishop Hall's incomparable Letter to stir him up to Charity p. 59. An Act of Parliament to erect the Hospital at Hallingbury in Essex p. 69. King James's Letters Patent to alter the Scituation p. 85. Ecclesiastical Preserments in the Governour 's disposal p. 87. Simon Baxter Heir in Law to the Founder enters an Action of Trespass against the Governours p. 88. The Casâ—â—â—…atea on both sides p. 89. Sir Francis Bacon's Letter to King James to overthrow the Foundation p. 96. The Opening of the House p. 109. An Establishment made whereby all the Officers and Members in the House are to be regulated p. 110. Concerning Assemblies and Committees p. 116. The Election and Duty of a Master p. 120. Of the Preacher p. 123. Of the Physician p. 125. The Register and Solicitor p. 126. The Receiver p. 129. The Maâ—ciple p. 130. Schoolmaster and Usher p. 135. The Auditor p. 141. Allowances to the Members p. 145. A Confirmation of the King's Letters Patent by an Act of Parl. for the removal of the Hospital p. 154. The first List of Governours p. 70. The names of the present Governours p. 176. A Patent for a Governour p. 177. Of the number and nature of the Members maintained p. 181. The Warrant for a Pensioner p. 182. How to obtain a place for an old Man or Youth p. 189. A Warrant for a Lad p. 190. An Account of the encrease and present state of the Revenues of the House p. 193. The Founder's Will p. 200. Orders for the Pensioners p. 231. Ordinis Carthusiani Monachus F. H. Van. Houe fec Of the Old FOUNDATION OF THE Charter-House CHAP. I. An Account of the Rise and Original of the Carthusian Order IN the year of our Lord 1082 at what time Gregory the Seventh was Bishop of Rome and in the Sixteenth year of the Reign of King William the Conqueror we are told there hapned in Paris a very strange and wondrous accident the Relation whereof I find much after this manner Bruno a German born at Cologne of an ancient and worthy Family by his studious life and successful endeavours obtained so great a reputation among learned Men that he was at length prevailed with to visit France where he was
starch't or curious neither careless or nice These were not so properly the Comforts of his Soul as the Sweetness of his Life hence proceeded health of Body clean Strength a good Complexion and a graceful and treatable Disposition As a Master he was careful and diligent to enquire how his Servants performed their Labours for the dust of the Master's Shoos is the compost to improve the Soyl and his Love appeared to his Servants by making a comfortable provision for them for at this day many of the Tenants to the House are descended from those who were Servants to the Founder and the common Reason they give of their good Bargains is That they hold them as Rewards of their Ancestors Service Yet it lies in the power of the Governors to advance the Rent which in some places has been done though with great moderation and this rather to quicken than dishearten the Tenants It is not intended by this Character of Mr. Sutton that he should be free from all blemish that he should be another Bonaventure in whom some affirm Adam did not sin All things have a mixture of corruption here below nay it is riveted in our very Nature The fairest Figure must have some flaws and the most beautiful Image some unhappy strokes therefore he as all other men was subject to the like Passions Whatever were his failings common Charity should endeavour to hide his Infirmities who was content to spread his Garments over so great a multitude After a numerous train of Worthy and Religious Actions in a good old Age within One of 80 years he dy'd at Hackney in the County of Middlesex Decemb. 12. Ann. Dom. 1611. He had for some time laboured under a Feverish Distemper which wasted him away and brought him into a lingring Consumption this attended with frequent and sharp fits of the Stone and violent assaults of the Colick made him Surrender up his Soul to that God on whose power the Life of all Depends From Hackney he was removed Decemb 16. to Dr. Law 's House one of the Executors mentioned in his Will in Pater-noster Row and from thence was conveighed to his Grave with all the Pomp and Solemnity which might become the Funeral of so great a Man Six thousand people attended his Corps through the City whose passage lasted six hours until they came to Christ-Church where his Body lay till his Foundation at the Charter-house was finished which was about Three years Ann. Dom. 1614. from whence he was in a decent manner removed Decemb. 12. in the aforesaid year Upon which day is duly kept an Anniversary Commemoration a Sermon is appointed with a Gratuity to the Preacher The first who preached on that Occasion was Mr. Percival Burrell Minister of the House upon Luke 7.5 He hath built us a Synagogue The Sermon was primed Ann. Dom. 1629. After Sermon the Auditors repair to the Publique Hall where the Bounty and Magnificence of our Noble Founder is gracefully set forth in a Latin Oration by a Youth of the Foundation whom Sutton has taught to speak Thus have we brought our Founder to his place of Rest where in the Chappel on the North side is a Noble Monument Erected by his Overseers with this following Inscription on a fair Marble-stone in Golden Letters Sacred to the Glory of God In grateful Memory of Thomas Sutton Esquire late of Castle-Camps in the County of Cambridge at whose only Cost and Charges this Hospital was Founded and Endowed with large Possessions for the Relief of poor Men and Children He was Born at Knaith in the County of Lincoln of Worthy and Honoured Parentage He lived to the Age of 79 Years and Deceased Decemb. 12. 1611. Let us now consider what particular Motives were apply'd to perswade and mould the mind of this good Man to design this Great Benefaction as also what Objections and Inconveniences were proposed to hinder the Progress of the Work Dr. Willet who lived at Barkway not far from Mr. Sutton and was much consulted by him would often say That his Thoughts had eaten his Bowels had he not unbosom'd some of them to his Friends The Doctor advised him to be a Benefactor to Chelsey Colledge a Place intended for the convenience and maintenance of Learned Divines who should study and write Controversies against the Papists Erected Ann. Dom. 1610. Dr. Sutcliff Dean of Exceter was the first Master Mr. William Gambden Clarencieux and Mr. John Heywood Dr. in Law Historians were fellows of the Colledge The Reversion of some Lands in Chelsey held in Lease by the Earl of Nottingham was all the Encouragement this Colledge found whose Endowment Dr. Willet proposed to Mr. Sutton or the erection of a new Colledge to that purpose of his own Another Proposition of the Doctors was taken out of King James his Letter to the Arch-Bishop for the digging of a Trench out of the River Lee to erect Engins and Water-works to conveigh Water in close Pipes under ground unto the City of London and the Suburbs thereof by an Act of Parliament 7. Jacobi But both these proved ineffectual Then Mr. Hall Minister of Waltham in Essex afterwards made Bishop of Exeter sent him this following Letter Sir I Trouble you not with reasons of my writing or with excuses if I do ill no plea can warrant me if well I cannot be discouraged with any Censures I crave not your pardon but your acceptation It is no presumption to give good Counsel and Presents of Love fear not to be ill taken of Strangers my Pen and your Substance are both given us for one end to do good these are our Talents how happy are we if we can improve them well suffer me to do you good with the one that with the other you may do good to many and most to your self you cannot but know that your full hand and worthy purposes have possessed the World with much expectation What speak I of the World whose honest and reasonable claims yet cannot be contemned with honour nor disappointed with dishonour The God of Heaven hath lent you this abundance and given you these gracious thoughts of Charity of Piety looks long for the Issue of both and will easily complain of too little or too late your Wealth and your Will are both good but the first is only made good by the second for if your hand were full and your heart empty we who now applaud you should justly pity you you might have Riches not Goods not Blessings your Burden should be greater than your Estate and you should be richer in sorrows than in metals For if we look to no other world what gain is it to be keeper of the best Earth that which is the common Coffer of all the rich Mines we do but tread upon and account it vile because it doth but hold and hide those Treasures whereas the skilfullest Metallist that findeth and refineth those precious Veines for Publique use is rewarded is honoured the very basest
continuance for ever by the name of the Governors of the Hospital of King James founded in Hallingbury in the County of Essex at the humble petition and at the only cost and charges of Thomas Sutton Esquire and that they the said Governors may have a perpetual succession and that by that name they and their Successors may for ever hereafter have hold and enjoy the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned without any licence or pardon for any alienation of them or any of them and without any licence of or for Mortmain or any other Law or Statute to the contrary notwithstanding That is to say your Suppliants Mannors and Lordships of Southminster Norton Little Hallingbury alias Hallingbury Bouchers and Much Stambridge in the County of Essex with all their and every of their Rights Members and Appurtenances whatsoever And also all those your Suppliants Mannors and Lordships of Buslingthorpe and Dunnesby in the County of Lincoln with their and either of their Rights Members and Appurtenances whatsoever And also all those your Suppliants Mannors of Salthorpe alias Saltrop Chilton and Black-grove with their and every of their Rights Members and Appurtenances in the said County of Wilts And also all those your Suppliants Lands and Pasture Grounds called Blackgrove containing by estimation two hundred Acres of Pasture with the Appurtenances in Blackgrove and Wroughton in the said County of Wilts And also all that your Suppliants Mannor of Mihenden otherwise called the Mannor of Mâ—hunden in the Parishes of Wroughton Lydgerd and Tregoce in the said County of Wilts And all that your Suppliants Mannor of Elcombe and the Park called Elcombe Park in the said County of Wilts And all that your Suppliants Mannor of Wattlescote otherwise called Wigglescote otherwise called Wiglescete otherwise called Wikelscete in the County of Wilts And all that your Suppliants Mannor of Wescote otherwise called Wescete with the Appurtenances in the said County of Wilts And also all those your Suppliants Lands and Pastures containing by estimation one hundred Acres of Land and threescore Acres of Pasture in Wiglescote and Wroughton in the said County of Wilts And also all that your Suppliants Mannor of Uffcote with the Appurtenances in the said County of Wilts And all those your Suppliants two Messuages and one thousand acres of Land two thousand acres of Pasture three hundred acres of Meadow and three hundred acres of Wood with the Appurtenances in Brodehinton in the said County of Wilts And also all those your Suppliants Mannors and Lordships of Campes otherwise called Comps otherwise called Campes-Castle otherwise called Castle-Campes scituate lying being and extending in the Counties of Cambridge and Essex or in either of them or elsewhere within the Realm of England And also all that your Suppliants Mannor of Balsham in the County of Cambridge with all and singular the Rights Members and Appurtenances thereof whatsoever And also all that your Suppliants Messuage and Lands scituate and being in the Parishes of Hackney and Tottenham in the County of Middlesex or in either of them with their and either of their Rights Members and Appurtenances whatsoever which said Messuage was lately purchased of Sir William Bower Knight and the Lands in Tottenham now or late in the tenure or occupation of William Benning Yeoman and also all and singular the Mannors Lordships Messuages Lands Tenements Reversions Services Meadows Pastures Woods Advowsons Patronages of Churches and Hereditaments of your Suppliant whatsoever scituate lying or being within the said Counties of Essex Lincoln Wilts Cambridge and Middlesex or any of them with all and every their Rights Members and Appurtenances whatsoever And also all your Suppliants Letters Patents Indentures Deeds Evidences Bonds and Writings concerning the Premisses or any of them And all such Conditions Warranties Vouchers Actions Suits Entries Benefits and Demands as shall or may be had by any person or persons upon or by reason of them or any of them except those your Suppliants Mannors or Lordships of Littlebury and Hadstock in the said County of Essex And except all your Suppliants Lands Tenements and Hereditaments in Littlebury and Hadstock aforesaid or in either of them And that the said Governors and their Successors by the same name shall and may have power ability and capacity to demise lease and grant their Possessions and Hereditaments and every of them And to take acquire and purchase And to sue and be sued And to do perform and execute all and every other lawful act and thing good necessary and profitable for the said incorporation in as full and ample manner and form to all intents constructions and purposes as any other incorporations or body politique or corporate fully and perfectly founded and incorporated may do And that the same Governours and their Successors for the time being may have and use a common Seal for the making granting and demising of such their demises and leases and for the doing of all and every other thing touching or in any wise concerning the said Incorporation In which Seal shall be ingraven the Arms of the said Thomas Sutton your Suppliant And also that it may he further enacted by the Authority aforesaid and be it enacted by the Authority aforesaid That your Suppliant during his life and the said Governors and their Successors for the time being or the most part of them after his decease shall and may have full power and lawful authority to break alter and change the said Seal And that your said Orator during his life and the said Governors and their Successors for the time being or the most part of them after his decease shall and may have full power and authority to nominate and appoint and shall and may nominate and appoint when and as often as he and they shall think good such person and persons as he and they shall think meet to be Master Preacher Schoolmaster Vsher poor Men poor Children and Officers of the said Hospital And when any of them by death resignation deprivation or otherwise shall become void shall and may within one month next after such avoidance by writing under their said Common Seal nominate and appoint one or more learned godly discreet and meet men and persons to be Master Preacher Schoolmaster Vsher poor Men poor Children and Officers in the places of them and every of them so deceasing resigning or otherwise becoming void And that in case the said Governors and their Successors for the time being or the most part of them shall not within one month after such avoidance make such nomination and appointment as aforesaid That then and so often and in every such case from and after the decease of your said Orator it shall and may be lawful to your Majesty your Heirs and Successors by your Letters Patents under the Great Seal of England to nominate and appoint some meet godly and learned men in and to the places void by such default of the said Governors and their
Successors for the time being or the most part of them as is aforesaid And that it shall and may be lawful to and for the said Master Preacher Schoolmaster Vsher poor People poor Children and Officers of the said Hospital to remain assemble be and cohabit together in the said House Buildings and Hospital And that it may be further enacted by the Authority aforesaid And be it enacted by the Authority aforesaid That your said Suppliant during his Life and that the said Governors and their Successors for the time being or the most part of them after his decease shall an may have full power and authority under the said Common Seal to make ordain set down and prescribe such Rules Statutes and Ordinances for the order rule and government of the said Hospital and of the said Master Preacher Schoolmaster Vsher poor Men poor Children and Officers and their Successors and for their and every of their stipends and allowances for or towards their or any of their maintenance and relief as to your said Suppliant during his life and the said Governors and their Successors for the time being or the most part of them after his decease shall seem meet and convenient And that the same Orders Rules Statutes and Ordinances so by him them or any of them made set down and prescribed as aforesaid shall be and stand in full force and strength in Law the same not being repugnant nor contrary to your Majesties Prerogative Royal nor to the Laws or Statutes of this your Majesties Realm of England nor to any Ecclesiastical Canons or Constitutions of the Church of England then in force and use And that your Suppliant during his life and the said Governors and their Successors for the time being or the most part of them and such of them as your Suppliant shall thereto appoint and nominate shall and may after the decease of your said Suppliant have full power and authority to visit the said Hospital and to order reform and redress all disorders and abuses in and touching the government and disposing of the same And further to censure suspend and deprive the said Master Preacher Schoolmaster Vsher poor Men poor Children and Officers for the time being and every or any of them as to him and them shall seem just sit and convenient So always that no visitation act or thing in or touching the same be had made or done other than by your Suppliant during his life or the said Governors and their Successors for the time being or the most part of them after his decease or by such of them as your Suppliant shall thereunto nominate and appoint And also that it may be further enacted by the Authority aforesaid and be it enacted by the Authority aforesaid that the said Preacher and Minister of the Word of God which shall be placed in the said Hospital to and for the uses and purposes aforesaid from time to time hereafter shall and may enter into have hold and enjoy the Rectory and Parsonage of Hallingbury aforesaid in and to his own proper use and behoof for and during so long time as he shall be Preacher and Minister there without any other presentation or admission institution or induction And that no Lease shall hereafter be made of the said Parsonage or of any part or portion thereof other than such as shall determine and end when and as soon as any such person as shall be the Preacher or Minister of and in the said Hospital when the same Lease shall be made shall decease or resign leave or be put out and removed from his said place of Preacher or Minister of and in the said Hospital Saving always and reserving to your Majesty your Heirs and Successors and to all and every other person and persons bodies politique and corporate their Heirs and Successors other than your Suppliant and his Heirs and the person and persons from whom the same were purchased and their Heirs claiming only as Heirs all such Estate Right Title Condition Claim Possession Rents Services Commons Demands Actions Remedies Recoveries Terms Interests Forfeits Commodities Advantages and Hereditaments whatsoever which they or any of them shall or may have or of right ought to have of in to or out of the premisses or any of them or any part thereof as if this Act had never been had or made Other than Fine or Fines of or for any Alienation of the premisses or any part or parcel thereof And other than respits of homage or Fines for Non-payment of respit of homage at any time hereafter to be demanded And other than Title and Right of Liberty or Liberties to enter into the same or any of them for or by reason of any Statute heretofore made for concerning or against any Alienation or Mortmain prout per eundem actum inter alia plenius apparet Not long after Mr. Sutton changed his mind and was desirous to purchase my Lord of Suffolk's House near Smithfield formerly a Carthusian Monastery Founded as before is mentioned at large by Sir Walter de Manny At the dissolution of Abbies by King Henry the Eighth at the rasing of Convents a peculiar Clause was added to the Commission impowering them particularly to rate the Charter-house in London which amounted to 642 l. 0 s. 4 d. ob yearly And the Prior was enjoyn'd to renounce the Popes Supremacy and acknowledge the King but he chose rather to lose his life and was hanged at the Gate Then this Monastery and Duke's Place was bestow'd upon Sir Thomas Audly Speaker to that Parliament which dissolved these Houses It passed from him with his sole Daughter Margaret by marriage to Thomas Howard Duke of Norfolk and so by Descent to Thomas Earl of Suffolk This was the place which Mr. Sutton thought convenient for his intended Foundation and the rather because it had been formerly imploy'd to Religious ends At length he purchas 't it by the Name of Howard House otherwise called The late dissolved Charter-house near Smithfield in Middlesex consisting of Four or Five Courts a Wilderness Gardens Orchards and Walks thereunto belonging with Pardon Church-yard and the two Messuages adjoyning called Willbeck with all Buildings Closets Ways Waters Services Rents Wages Fellons Goods Outlaws Fugitives Liberties Reversions Emoluments and Appurtenances known to belong to the said House or other the mentioned Premisses paying down for the same Thirteen thousand pounds May 9. Jacobi 9. 1611. And on the 22 of June following settled the Hospital design'd by the aforesaid Act at Hallingbury by Letters Patents at the Charter-House The Letters Patents under the Great Seal are in my Lord Coke's Reports The Summe of the Letters Patents of King JAMES for erecting Sutton's Hospital at the Charter-House 1. THE Purchase is mention'd bought of the Right Honourable Thomas Earl of Suffolk 2. The Charter-house conceived to be a fitter place than Hallingbury 3. The Governours are incorporated and have full Authority to purchase take receive c. 4. Sixteen
Governours appointed by Name 5. The Master to be one 6. The Governours to have a Common Seal 7. Not to transfer the Lands to any other use nor to let longer Leases than for 21 years 8. If any Governour dies or is removed the residue surviving are to remain Incorporate and the Major part have power to elect nominate choose and appoint a Successor 9. Election of a new Governour to be made within two months after a Vacancy 10. The Governours have full power to assign and appoint such number of poor Men and Officers as they shall think fit 11. The number of Old Gentlemen and Children to increase and they maintained according to the increase of the Revenues 12. Mr. Sutton during his life with the Governours to execute 13. The King to nominate a Governour after default made by the Governours for two months 14. Governours impower'd to make Statutes under the Common Seal 15. They may visit punish or displace the Master Preacher or other Officers of the Hospital 16. The Hospital Master Preacher and other Officers exempted and freed from all visitations punishment and correction to be had used or exercised in or upon them or any of them by the Ordinary of the Diocess for the time being or by any other person whatsoever but the Founder and Governours This last Instance is quoted by the Learned Selden Lib. 1. de Synedriis cap. 13. p. 541. treating of the power of Excommunication where he seems to favour Erastianism Exemplum est illustre in Fundationis Ptochodochii Suttoniani juxta Londinum Instrumento c. Ecclesiastical Preferments in the Governours Disposal 1. At the Charterhouse 2. Balsham 3. Castle-Camps 4. Horsehead 5. Hallingbury 6. Dunsby 7. South-Minster 8. Cold-Norton 9. Little Wigborow The Present Incumbents Mr. Patrick Dr. Templer Mr. Hall Mr. Eade Mr. Sherwell Mr. Johnson Mr. Ford Mr. Turbridge By these Letters Patent the Governours are charged to give and bestow the Spiritual Promotions upon those Scholars who have been bred in the House and are qualifi'd for them before any other persons whatsoever In pursuance of the Letters Patents Mr. Hutton Clerk Vicar of Littlebury was appointed by Mr. Sutton to be the first Master after himself and then ordered a Conveyance of the Estate to the Governors both which Instruments are at large in my Lord Coke's Rep. lib. 10. Thus far our Noble Founder proceeded in his life time but it pleased God to take him to himself three years before all things were compleated therefore they are mistaken who report he was an actual Master in this his Foundation But scarce was the Founder cold in his Grave before troubles and disturbances arise and many private persons intend to share the Revenues For one Simon Baxter Mr. Sutton's only Sisters Son encouraged by some hungry and corrupt persons who were to partake with him in the Spoil attempted as next Heir to take Possession of the Charter-house and the whole Estate annexed to it But failing in his attempt by the vigilancy and care of one Richard Bird first Porter of the Charter house and appointed by the Founder himself he enters an Action of Trespass against the Executors of Mr. Sutton and the Governours The last day of Trinity Term 10. Jacobi in the King's Bench for a violent Entry made by the said Executours and Governours May 30. the same year The Case had in it divers points of Law started to overthrow the Settlement which are here summed up 1. Objection By the Parliament 7. Jac. the Hospital was founded at Hallingbury in Essex the Incorporation after by the King's Letters Patents is void and the Charter-house is not given by the said Statute because Sutton purchased it afterwards 2. Sutton who had Licence to Found an Hospital before the Foundation died 3. The King cannot name the House and Land of Sutton to be an Hospital because in alieno solo 4. Every Corporation ought to have a place certain but here the Licence is to found an Hospital in or at the Charter-house before that Sutton made it certain there was no Incorporation Also the place of Incorporation ought to be certain by means and bounds and a place not known will not serve 5. The King intended to make a Corporation presently which cannot be before that Sutton name a Master Governours cannot be until there be poor in the Hospital 6. The Foundation cannot be with the words Fundo Erigo c. and before such a Foundation a stranger cannot give Lands unto it 7. Sutton calls it in his Will His intended Hospital 8. The Master was named at Will when he ought to be for Life and have Freehold in the Land Also the Hospital must be founded before a Master be named 9. The Bargain and Sale made by Sutton is void 1. Because the mony paid by the Governours in their private capacities shall not be considered as in their publique capacities 2. The Habendum is to them upon trust which cannot be in a Corporation 3. Because no Hospital before was founded as this 10. The King cannot make Governours of a thing not in being To which was Answered 1. The Preamble of the Act whereby and in many places of the Act it appears that the Incorporation was to be in futuro when it shall be erected and the Statute doth not give Lands unto it but power to give without Licence of Alienation or Mortmain And it appeareth by the Letters Patents that the Erection precedes the Licence 2. The Licence is to him his Heirs Executors at any time hereafter and the words of the Incorporation are in the present and so the Incorporation precedes the Execution of this Licence 3. Though the King gave the Name yet it was upon Sutton's previous consent for the King did it at his suit 4. The King makes an Hospital of the Premisses for that it is certain and to that which was said a place uncertain cannot be an Hospital it was answer'd The Charter-house was named To the Essence of a Corporation these things are requisite 1. Lawful Authority to Incorporate by Common Law as the King himself by lawful Authority of Parliament by the King's Charter and lawful Prescription 2. The Persons either Natural or Political 3. A Name 4. A Place 5. Words sufficient but not restrained to a strict sense 5. A Corporation may be without a Head as if the King Incorporate a Town and give power for the choice of a Mayor they are a Corporation before Election 6. It is a sufficient Corporation though the Hospital be but in potentiâ for the Temple was a Corporation in the time of Henry the First and yet was not built till Henry the Second's time But here the House was built before 7. The first Founder in Law is Donour when the King gives the Name and designeth the Place the Donation most properly belongs to the Founder But if the King leaveth out the nomination of the Party there many times though not of necessity he useth the words
all the said Houses Edifices Buildings Orchards Gardens Lands Tenements and Hereditaments within the Scite Circuit and Precinct of the same was is and shall be for ever hereafter an Hospital in deed and in name and is and shall be called by the name of the Hospital of King James The name of the Hospital founded in Charter-house within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire and that such of the said Governours named or mentioned in the said Letters Patents as are yet living The Governours incorporated by what Name together with such others now living as have sithence been named or elected or mentioned to be elected into the room or place of such of them as are since dead or are removed or have relinquished their places and are now esteemed Governours now are and they and their Successors for ever hereafter shall be and continue And shall be adjudged deemed and taken to be a Body Corporate and Politique by the name of the Governours of the Lands Possessions Revenues and Goods of the Hospital of King James founded in Charter house within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire and by that name shall have The Governours capacity and may have and enjoy all and singular such and the like capacity power and ability to all intents constructions and purposes as any other Corporation lawfully Incorporated may or ought to have And be it further Enacted by the Authority aforesaid That the said Governours Power given to the Governours to make laws and orders under their Common Seal and their Successors for the time being or the most part of them from time to time and at all times hereafter as to their or the most part of them shall seem fit and convenient shall and may have full power and authority by writing under their Common Seal to make ordain set down and prescribe as occasion shall require such Rules Statutes and Ordinances as they shall from time to time and at all times think fit as well for and concerning the naming and electing of such person and persons as shall succeed into the place and room of any the said Governours when and as often as any of them shall dye or be removed from such place or places of Governour or Governours or voluntarily shall relinquish their places As also for and concerning the Election Order Rule and Government of the Master Preacher Schoolmaster Vsher poor Men poor Children and all other Members Officers or Servants of the said Hospital in their several places offices and rooms and for their and every of their Stipends and Allowances And that the same Rules Orders Statutes and Ordinances so from time to time to be made set down and prescribed as aforesaid shall be and stand in full force and strength in Law and be executed in all things according to the true intent and meaning thereof under the several pains forfeitures and penalties as shall be expressed and contained in the same Ordinances Statutes and Rules respectively Provided always that the said Rules Ordinances and Statutes or any of them be not repugnant or contrary to the Laws or Statutes of this Realm of England nor against the purport or true intent of the recited Letters Patents The Governours henceforth to take the Oaths of Supremacy Allegiance And be it enacted and established by the Authority aforesaid That every person that shall from henceforth be Elected a Governour of the said Hospital shall before he exercise the place of a Governour take the several Oaths of Supremacy and Allegiance which any two others of the said Governours for the time being The Master to take the same Oathes henceforth shall have power and authority by this Act to administer unto them And that the Master from henceforth to be elected shall before he exercise or take any benefit of the said place take the said several Oaths of Supremacy and Allegiance The Masters other oath And shall also take an Oath that neither he nor any other for him with his privity allowance or consent hath given or shall give directly or indirectly any mony or other gratuity or reward for or in respect of the having or enjoying of the said place All which said Oaths to be taken by such Master any two of the said Governours for the time being shall have power and authority by this Act to administer And that the Preacher Minister Schoolmaster Vsher The oaths of the Preacher Schoolmaster Usher Officers and poor men Officers and poor men and every of them from henceforth to be elected and admitted shall before he exercise or take benefit of any such place take the said several Oaths of Supremacy and Allegiance And shall also take an Oath that neither he nor any other for him with his privity allowance or consent hath given or shall give directly or indirectly any mony or other gratuity or reward for or in respect of the having or enjoying of the said place All which said Oaths by the said Preacher Minister Schoolmaster Vsher Officers and poor Men to be taken any one of the said Governours and the said Master for the time being shall have power and authority by vertue of this Act to administer The Governours to hold for ever the Hospital against the King and others And be it further enacted and established by the Authority aforesaid That the said Governours and their Successors shall and may for ever hereafter have hold and enjoy according to the purport true intent and meaning of the said Indenture of Bargain and Sale the said Hospital House and all Buildings Gardens Courts Orchards and Backsides thereto belonging and all and singular the Mannors Messuages Lands Tenements Liberties Franchises and Hereditaments by the aforesaid Letters Patents by the said Indenture of Bargain and Sale given granted conveyed and assured or meant mentioned or intended in or by the said Letters Patents or Indenture to be given granted conveyed or assured to the said Governours against our Soveraign Lord the King's Majesty his Heirs and Successors and against all other Person and Persons of whom the said Hospital House Mannors Lands Tenements and Hereditaments or any of them were holden at the time of the said Indenture made and against their Heirs and Issues notwithstanding any Title accrewing for or by any Alienation in Mortmain And also against all and every other person and persons of whom the said Thomas Sutton did purchase the said Hospital House Mannors Lands Tenements and Hereditaments or any of them respectively and against their Heirs Issues and Assigns And also against all and every other person and persons claiming or that shall claim any Estate Right Title or Interest of in out or unto the said Hospital Mannors Lands Tenements and Hereditaments or any of them by from or under any person or persons of whom the said Thomas Sutton