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A43426 Domus carthusiana, or, An account of the most noble foundation of the Charter-House near Smithfield in London both before and since the reformation : with the life and death of Thomas Sutton, esq., the founder thereof, and his last will and testament : to which are added several prayers, fitted for the private devotions and particular occasions of the ancient gentlemen, &c. / by Samuel Herne. Herne, Samuel. 1677 (1677) Wing H1578; ESTC R10688 113,628 343

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his Assistants for the time being to this end and purpose That they shall distribute or cause to be distributed the yearly profit arising of the same over and above the yearly Rent payable to the Kings most Excellent Majesty amongst the poorest people dwelling within the said Town of Beverly Also I give to the Maior and Aldermen of the City of Lincoln for the time being all such Profits and Revenues as shall arise and grow of the Parsonage of Glentham within the County of Lincoln and all the residue of the years that shall remain after my decease to this intent that they shall distribute and bestow or cause to be distributed and bestowed the same amongst twenty of the poorest people that shall then be dwelling in the said City with the consent and privity of the Dean of the Cathedral Church of Lincoln or the Recorder of the same for the time being they the said Maior Aldermen Dean and Recorder foreseeing that the Parsonage be letten for their most benefit Item I give into the Treasury or Store-house of mine intended Hospital to begin their Stock with and to defend the Rights of the House One thousand pounds of lawful English mony And I give to every one of my Feoffees whom I have put in trust about my intended Hospital to whom I have not given any thing in this my last Will the Sum of Twenty six pounds thirty shillings and four pence of lawful mony of England Item I give to Amy Popham if it please God she live to keep House three Feather-beds and so many pair of Holland Sheets with the Boulsters to them and so many Hangings of Tapestry as furnish her a Bed-chamber The rest of my Housholdstuff I will shall be sold by mine Executors for the speedier payment of my Legacies and performance of this my last Will. Item I give to the Widow Tassel of Balsham the Sum of Five pounds of lawful mony of England and to Thomas Lawrence the elder of the same Town Five pounds of lawful mony of England Item I give and bequeath unto the Brother of Percival Graung my late Servant deceased the Sum of Twenty pounds of like lawful mony of England And of this my last Will and Testament I make and ordain Richard Sutton of London Esquire and John Law one of the Procurators of the Arches London my Executors charging them as they will answer at the last Day of Judgment that they or one of them in the absence of the other endeavor themselves with all earnestness and diligence to see this my Will performed according to my true meaning and charitable intent And I make Overseers of this my last Will and Testament the Reverend Father in God George Abbot Arch bishop of Canterbury unto whom I give and bequeath the Sum of Forty Marks of lawful mony of England or a piece of Plate of that value at his election and choice And also Launcelot Andrews Almonizer to the Kings Majesty my other Supervisor and Overseer of this my last Will and Testament unto whom I give and bequeath the Sum of Twenty pounds of lawful mony of England or a piece of Plate of that value at his election and choice Item My will and full intent and meaning is That if any person or persons whosoever to whom I have in and by this my last Will and Testament given and bequeathed any Legacy or Sum or Sums of mony shall any ways gainsay impugn contradict or impeach this my last Will and Testament that then all and every one so impugning contradicting impeaching or gainsaying this my last Will and Testament and every of their Children and Kinsfolks to whom I have in and by this my last Will and Testament given and bequeathed any Legacy or Sum or Sums of mony shall have no part nor portion of any such Gift Legacy or Bequest but shall utterly lose the same and be utterly barred thereof as if no such Legacy Gift or Bequest had been given unto him her or them by this my last Will and Testament any thing before in these presents mentioned or contained to the contrary in any wise notwithstanding Item I give and bequeath to Richard Sutton one of my Executors before named the Sum of One hundred pounds and to Mrs. Law over and besides the Legacy before to her given I give the Sum of Forty pounds to make her a Gown withal Item I give to Master Hutton the Vicar of Littlebury Twenty pounds To the Town of Camps Castle where I dwell to be distributed amongst the poor of the same Parish Ten pounds Also to the poor of the Town of Elcomb to be equally distributed amongst them the Sum of Ten pounds Item I give and bequeath those my Mannors of Littlebury and Hadstock in the County of Essex to the Right Honourable the Lord Thomas Howard Earl of Suffolk and to his Heirs for ever upon Condition that he do well and truly pay or cause to be paid to my Executors before named or to the Survivor of them the Sum of Ten thousand pounds of lawful mony of England within One year next after my decease And if he shall refuse to pay the said Sum of Ten thousand pounds for the said Mannors then I give and bequeath the said Mannors of Littlebury and Hadstock to my said Executors and to their Heirs for ever And then I will and devise that the said Mannors of Littlebury and Hadstock shall be sold by my said Executors or the Survivor of them to the uttermost price and value that they may be sold for and the mony coming of the sale thereof together with as much more as shall make up the same Sum the full Sum of Twenty thousand pounds I will shall be imployed and bestowed by my said Executors or the Survivor of them with the advise of my Supervisors aforenamed in some good works and charitable uses for mine intended Hospital and for poor people or otherwise as they in their wisdoms and discretions shall think fit Item I give to Mr. Flud Parson of Newington the Sum of Thirteen pounds six shillings eight pence And to the wife of Benjamin King of Southminster Six pounds thirteen shillings four pence Item I give to Thomas Averell if it shall be found that he hath dealt faithfully and plainly with me in my business the Sum of Ten pounds which he oweth me Item I give unto the wife of Mr. Ingry of Littlebury Three pounds six shillings eight pence Item I give to Sir Henry Hubberd Knight the King's Majesties Attorney General a piece of Plate of the value of Ten pounds And to Mr Locksmith his Clerk the Sum of Ten pounds Item I give to the poor of the Parish of Hackney Ten pounds Item I give to Bridget Law the Sum of Ten pounds And to the Lady Altham daughter to Mr. Auditor Sutton the Sum of Twenty pounds Item I give to Sir Edward Philips Master of the Rolls a piece of Plate of the value of Twenty pounds And to
Chappel daily at the accustomed time of Divine Service The like shall be observed by the Schoolmaster Usher and poor Scholars of the Foundation upon every Sunday Holy-day and Vigil in the Afternoon And that there be a Sermon every Sunday at Morning Prayer either by him the said Preacher or some other deputed by him The Master and Preacher shall have in care and charge to see that the whole Houshold and those of the School of the Age of Sixteen years and upwards shall receive the Blessed Sacrament yearly at the three Solemn Feasts of Christmas Easter and Whitsontide unless they be satisfied by some lawful excuse and just cause of their failing otherwise the party denying or delaying shall be liable to the Masters Chastisement and the Governours further Censure The Master and Preacher shall have Superintendancy over the Chappel Clerk Organist and Sexton to see if each of them carefully perform the Duties of his place the one in Reading of Divine Service at the hours accustomed assisting the Preacher at the Communion and burying the Dead The second in teaching the poor Scholars to Sing and playing on the Organs at set times of Divine Service The third in keeping the Chappel in a cleanly comely and decent manner and carefully performing all other Services belonging to such a place otherwise they and every of them shall be subject to the Masters Punishment Preachers since the Foundation 1. Mr. Harsnet 2. Mr. Parker 3. Mr. Ford. 4. Mr. Percivall Burrell 5. Mr. William Middleton 6. Mr. Daniel Toughtevil 7. Mr. Foxely 8. Mr. Clark 9. Mr. William Adderly 10. Mr. George Griffith 11. Dr. Timothy Thirscross 12. Mr. Patrick The Physician HE shall be qualified with the Degree of a Doctor in that Profession and shall have his yearly Fee of twenty pounds confirmed unto him he shall make choice of his Apothecary and not exceed the Sum of Twenty pounds a year for Physick Bills according to the Rate set down in our Establishment otherwise the Governours reserve the power to themselves to make choice of another that will accept of these Conditions or to determine whether they will have any Physician in Ordinary Fee or not Physicians ever since the Foundation 1. Mr. Thomas Barker 2. Dr. Barker his Son 3. Dr. Laurence Wright 4. Dr. Bates 5. Dr. Gabriel Beavoir 6. Dr. Castel 7. Dr. Walter Needham The Register and Solicitor HE shall be lodged and dieted in the Hospital a Man of good Conversation well practised in following Law Causes a good Penman ready diligent and faithful in all such Imployments as the Governours or Master shall put him upon His Imployment shall be to Summon all Assemblies to Register their Orders and Decrees in the Assembly Book to draw all Patents and Leases make them ready for the Common Seal and enroll them in the Book of Entries to draw all Leases for the Gvernours and wait upon them for the signing and dispatch to attend the Hospital Council and take their Direction upon any occasion of Law business and having the Masters Warrant to follow the same withall dexterity and diligence to call in Arrearages of Rents and make seizure or re-entry for default of payment by Warrant of the Governours to take all Petitions and present them to the Table to take Bond for the teaching well using and maintenance of poor Scholars made Apprentices and by the Masters order and direction to put in suit the Bonds forfeited either for Non-payment of Debts not performance of Covenants or for any other cause whatsoever and to prosecute and answer all Suits in Law whatsoever for and concerning the said House and Hospital He shall not directly nor indirectly contract for the preferring of poor men or Boyes into the Hospital nor with any of the Tenants for renewing their Leases such business shall immediately be preferred by Petition to the Governours only and then presented by him to the Table and if he be a Transgressor herein he shall forfeit his place He shall not cancel or deface any Orders concluded at an Assembly and signed by the Governours there present upon peril of loosing his place He shall not presume to receive or meddle with any monies accrewing due to the Hospital by way of Fine Rent or Debt however Registers ever since the Foundation 1. Mr. Thomas Heyward 2. Mr. Samuel Martyn 3. Mr. John Yeomans 4. Mr. Brent 5. Mr. Cresset afterwards Master 6. Mr. John Holland 7. Mr. William Taylour 8. Mr. William Massey 9. Mr. Spelman 10. Mr. Lightfoot The Receiver HE shall not enter into the Execution of his Office before he give good Security by ten several Bonds of two hundred pounds a piece wherein himself with two sufficient Sureties in every Bond shall stand bound to the Governours for the faithful executing his Place and discharging his Accompt he shall deliver out no monies but only to the Manciple for Diet unless he have order and warrant from the Master He shall according to such Letters of Attorney as are or shall be made in that behalf make publique demand of Rents due by the Hospital Tenants upon the dayes expressed in the Conditions of their Leases and shall take witness thereof that such further course may be taken for satisfaction as shall seem good to the Governours At Michaelmas every year when his Accompt shall be given up he shall have two hundred pounds imprested to him by the Master out of the Surplus remaining that year or out of the House Stock which imprest shall be for expence for Dyet and other Charges till Michaelmas Rent come in repaying the said mony into the Iron Chest of the Hospital Stock at or before the end of November then next coming Receivers ever since the Foundation 1. Mr. Smith 2. Mr. David Lewis 3. Mr. John Clark 4. Mr. Andrew Hill 5. Mr. Alexander Lawson 6. Sir John Payn. 7. Mr. Payn. The Manciple HE shall put in Bond of One hundred pounds with one sufficient Surety for discharging himself by a just and allowed Accompt of all such Sums of mony as the Receiver shall from time to time imprest unto him upon the Masters warrant for the Affairs of the Hospital He shall attend his Service in the Kitchin till all the Tables be served and taken away and then he shall take his Meals with the inferior Officers and Grooms at their accustomed Table and Rate established in these our Ordinances following He shall keep a Book of the weekly expence in Dyet carry it to the Auditors to be examined he shall within four days after the week is expired bring it to the Master to be perused and signed by him and whom else he will call He shall not disburse or lay out any Sum or Sums of mony for any Provisions for the Hospital save only the Provision of Dyet without the Masters warrant wherein also he shall not exceed the Rates set down in our Establishment ensuing nor shall he buy any such Provisions in the Market or elsewhere but with
Sir James Altham one of the Barons of the Exchequer One piece of Plate of the value of Twenty pounds Item I give to my late wives kinsman Guy Godolphin the sum of Ten pounds Item I give to the Right Honourable my very good Lord the Earl of Suffolk the sum of Four hundred pounds All the rest of my Goods Chattels and Debts not before given and disposed I give and bequeath to my intended Hospital to be imployed and bestowed on and about the same according to the discretion of the Feoffees of my said Hospital or the greater part of them In witness hereof I have hereunto set my Hand and Seal the Twenty eighth day of the Month of November above written Thomas Sutton Memorandum That the same Testator did acknowledge this his Will written and contained in these Three and twenty leaves to be his last Will and Testament and that his Hand and Seal set thereunto is his own Hand and Seal and that he had heard it read and was acquainted with the Contents of it the said Twenty Eighth of November above written In presence of us John Law Leonard Houghton Alexander Longworth Thomas Hall The Mark of Richard Pearce The Mark of Thomas Johnson Primo Decembris 1611. idem recognitum per Testatorem coram Jo. Crooke Quarto Decembris 1611. recognit to be the Testators last Will. Before me Henry Thoresby A Codicil to be annexed to the last Will and Testament of Thomas Sutton Esquire made and declared the Day whereon he died being the Twelfth of December One thousand six hundred and eleven ITem he gave and bequeathed to Mr. Judge Crooke one of the Judges of the King's Bench at Westminster the Sum of Ten pounds And to Mr. Henry Thoresby one of the Masters of the Court of Chancery the like Sum of Ten pounds And to Mrs. Sutton of London Widow the Sum of Three pounds six shillings eight pence to make her a Ring Also he gave to Mr. Hutton Clerk and Vicar of Littlebury the Advowson or next Presentation to the Parsonage of Dunsby in the County of Lincoln Also he did then publish and declare before Mr. Flud Parson of Stoke-Newington in the County of Middlesex Robert Petit Alexander Longworth John Parsons and Thomas Johnson his Cook that he had made his Will and thereof had made and ordained Richard Sutton of London Esquire and John Law his Executors I thought good to make a Conclusion of all with some proper Devotions relating to those particular Occasions which concern the Fourscore pious and aged Gentlemen c. Not that I intend by any means to detract from the excellency and usefulness of the Prayers of the Church for these are only designed for private Offices at home and possibly by Gods assistance may be instrumental to the Improvement of their Thankfulness to God and their Preparation for their latter end Here likewise I thought it might be convenient to place several Orders which hang up in the lesser Hall of the Pensioners by which they are to square and regulate their Manners so that they might have in a narrow compass contained the several Instances of their publick and private Duty Lord now lettest thou thy Servant depart in peace according to thy word For mine eyes have seen thy Salvation which thou hast prepared before the face of all People To be a Light to lighten the Gentiles and to be the glory of thy people Israel Eccles 12. The years draw nigh when thou shalt say I have no pleasure in them while the Sun or the Light or the Moon or the Stars be not darkned nor the Clouds return after the rain In the day when the a The ribs keepers of the house shall tremble and the b The Legs strong men shall bow themselves and the c Teeth grinders cease because they are few and those that look out of the d Eyes windows be darkned Or ever the e Circulation of the Blood silver cord be loosed or the f Liver golden bowl be broken or the pitcher be broken at the fountain or the wheel at the cistern then shall the dust return to the earth as it was and the Spirit shall return to God who gave it Job 5.26 Thou shalt come to thy grave in a full age like as a shock of corn cometh in his season ORDERS made by the Governours of the Hospital of King JAMES founded in Charter-house by Thomas Sutton Esquire at several times since the beginning of the said Hospital and yet continuing in force and to be observed or known by the poor Men Pensioners and Brothers of the said Hospital for the time being as follow NO poor Man shall be admitted into the Hospital unless he shall appear to be clean and sound of body from any foul and infectious Disease Per Ordinem fact 10 Decemb. 1613 And to prevent that none be admitted that is infected with any infectious Disease It is Ordered that the Chirurgion of the Hospital for the time being shall view and search the Body of such a person if there be any cause of suspicion before he be admitted Per Ordinem 24 Februarii 1622. No poor Man that shall be a Member of the Hospital shall wear any long Hair or any Weapons within the said House or have any Weapons within their several Lodgings Per Ordinem 10 Decemb. 1613. Every poor Man of this Hospital that shall happen to fall so sick that he cannot come into the Hall to take his repast then he shall have his part in Diet in his Chamber or his weekly allowance in mony for it as the Master and the Steward in their discretions shall hold meet Per Ordinem 22 Decemb. 1615. The Master of the Hospital for the time being and every Officer poor Man and every Member of the same shall take their Diet in the Dining Halls appointed for that purpose and not in their Chambers unless it be in time of Sickness or upon some urgent occasion such as the Master shall allow of Provided that they do not then exceed the proportion of Diet that is set down and established Per Ordinem 21 Januarii 1618. No Officer Pensioner or Member of this Hospital shall send or carry away any Bread Beer or Meat from their Tables when they shall be at Dinner and Supper in the said Dining-Halls but if any Bread Beer or Meat shall happen to be left it shall be bestow'd on such poor men and women that shall from time to time be appointed and allowed to do service in the said Hospital or otherwise as the Master in his discretion shall hold fitting but not any of it to be sold for mony Per Ordinem 21 Januarii 1618. One of the poor Men of the Hospital in their several turns and the Master Cook of the said Hospital shall go weekly to the Market with the Steward or his Man to buy the Provision of Fish and Flesh for the Diet of the Hospital that choice may be made by
them of that which shall be good and sweet and to see ready mony paid for the same And if any poor Man shall refuse to serve in his turn he shall be kept without his Diet in the Hospital until he perform it Per Ordinem fact 25 Junii 1621. The Master of the Hospital and all and every Officer and the poor Brethren and Members thereof shall take their Diet of Dinner and Supper in the Common Hall in the Hospital and not in any of their Chambers And they shall carry no part thereof from thence into private Chambers And not any of the poor Brethren shall presume to sit down at the Table before Grace be said and the Master and chief Officers sit nor any of them to arise from the Table before Grace be said without licence of the Master or in his absence of Senior at the Master's Table Provided notwithstanding that if any of them happen to be sick upon signification of his sickness to the Master it shall be lawful for him with the Master's allowance for to take and have his Commons out of the Kitchin in his private lodging during the time of his sickness Per Ordinem 24 Februarii 1622. All the poor Brethren and other the Inferior Officers and Members of the said Hospital now being and their Successors that shall hereafter at any time be chosen into their rooms shall give dutiful Reverence to the Master of the Hospital for the time being wheresoever they shall happen to be in his presence or when either he shall speak to any of them or any of them shall repair or speak to him they shall stand before him with their Heads uncovered not presuming whilst they are in his presence to put on their Hats except it be at the Table whilst they are at Dinner and Supper And that none of them give or use any evil reviling or railing speeches of him before his face or behind his back upon pain of the loss of one months Commons at least for every such Offence done And also it is commanded that they be obedient unto him in all his lawful Commands and Injunctions to them for the observing the Orders and Constitutions now made or hereafter to be made by the Governours of this Hospital and their Successors Per Ordinem 24 Februarii 1622. They and every of them and all others that shall succeed them in their places shall be diligent in frequenting the Chappel in the Hospital twice every day at times of Divine Service and there behave themselves Reverently as becomes them to do in so Sacred a Place and at so holy a Work And though they may ask and obtain leave of the Master on some Work-day of the Week to be absent upon some good and urgent occasion yet that in no case none of them be absent from Service and Sermon on the Sunday if he be in health and able to come forth of his Lodging And that every one of them do receive the holy Communion of the Lords Supper thrice every year to wit at Christmas Easter and Whitsuntide if he be at that time in health able to go forth of his Lodging Per Ordinem 24 Februarii 1622. And unless the Master and Preacher be satisfied by some lawful excuse and just cause of their failing otherwise the party so wilfully neglecting shall be liable to the Masters Chastisement and to the Governours further displeasure Per Ordinem 22 Junii 1627. If any of the poor Brethren and Inferiour Officers and Members of the said Hospital after his admittance shall draw any Weapons in the said Hospital to the intent to hurt any Member of the said Hospital or shall strike in anger any of the said House within the precinct thereof or be convict of any notorious crime punishable by the Laws of this Realm That then his place in the Hospital shall be void and be quite removed from the same Per Ordinem fact 24 Februarii 1622. None of the poor Brethren shall intermeddle with any business touching the affairs of the Hospital but attend only the Service of God and take thankfully what is provided for them without muttering murmuring or grudging Per Ordinem 26 February 1622. None of the said poor Brethren or other the said Inferiour Officers and Members of the said Hospital shall wear any weapons long hair coloured boots spurs or any coloured shoos feathers in their hats or any Russian-like or unseemly Apparel but such as becomes Hospital-men to wear Per Ordinem fact ut supra None of them shall lodge abroad out of his ordinary Lodging by night or permit or suffer any Stranger to lodge in any of their Lodgings within the Hospital Neither shall any of them haunt Houses suspected of Incontinency Gaming-houses common Bowling-Allys Taverns or Ale-houses by Day or Night neither use swearing and taking of God's holy Name in vain nor railing on any of his Fellow Brethren nor given to any Drunkenness or other notorious Vice upon pain of such punishment as shall be thought meet of such an Offender by the Master in the presence of two of the chief Officers of the said House whom he shall please to call unto him And if the party so punisht by him shall prove incorrigible after he hath been twice punisht then the Master shall put such an Offender out of Commons until the next General Assembly and then he shall make the same Offender together with his Offence known to the Governours that they may inflict such further punishment upon him either by expulsion or otherwise as they in their wisdom shall hold sitting Per Ordinem fact ut supra No poor Brother of the Hospital shall hereafter presume to go into any Taverns or Ale-houses with his Livery Gown on his back upon pain of such punishment as the Master in his discretion shall hold sitting to be inflicted upon him Per Ordinem fact 22 Februarii 1624. No poor Brother shall have leave to pass the Seas upon what pretence soever but by Petition to the Governours and signed with six of their Hands In which case and time of absence he shall only be allowed his wages and have his place reserved for him Other allowance for Commons he shall not have Per Ordinem 21 Junii 1627. They shall not go into the Country to visit Friends or upon any other business without the Master's leave and that but for two months at the furthest In which case and time of absence no part of his wages shall be abated But if they go abroad either with leave or without leave and fall under Arrest or any other danger whereby their return is staid in such case they shall have no monys or allowance from the Hospital only their places shall be reserved for them till the Governours pleasure be further known And moreover no Brother shall presume to pass the Out-gates of the Hospital in their Livery Gowns upon pain of paying a months Commons out of his Quarters wages 21 Junii 1627.