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
tent ' ac deinde usque ad in vicesimum diem Octobris proxime sequen praerogat intitulat ' An Act for the establishing and confirming of the Foundation 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 The Return thereof Tibi precipimus quod tenorem Actus predict cum omnibus illum tangerd nobi in cancellariam ' nostram sub Sigillo tuo distincte aperte sine dilatione mittas hoc breve T. meipso apud Westm ' xxviiio. die Junii Anno Regni nostri quarto Cesar Ra. Executio istius brevis patet in Scedula hinc annexat ' H. Elsyinge Cler ' Parl. Inspe'ximus etiam predict The time of the begining and continuance of the Parliament viz. from the 17. day of March in the third of King Charles the First until the 26. of June next following Scedulam eidem brevi annexat ' in Filaciis dict Cancellarie nostre de Recordo similiter residen in in haec verba In Parliamento inchoat ' tent ' apud Westm ' Decimo septimo die Martii Anno Regni Serenissimi Excellentissimi Domini nostri Caroli Dei gratia Anglie Scotie Francie Hibernie Regis Fidei Defensor ' c. tertio ibidem continuat ' usque in Vicesimum sextum diem Mensis Junii tunc propter sequen communi omnium Dominorum tam spiritualium quam temporalium Communium consensu Regie Majestatis assensu inter alia fancitum inactitatum stabilitum fuit hoc sequens Statutum The Title of the Act. An Act for the Establishing and Confirming 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 Cujus quidem Statuti tenor sequitur in haec verba viz. The Act. Whereas our late Soveraign Lord King James of blessed memory at the humble suit of Thomas Sutton late of Balsham in the County of Cambridge Esq deceased Recital of the Letters Patents by his Highness Letters Patents under the Great Seal of England hearing date the Two and twentieth day of June in the Ninth year of his Majesties Reign of England did give and grant unto the said Thomas Sutton full power licence and lawful authority to erect and establish at or in the late dissolved Charter-house besides Smithfield in the County of Middlesex an Hospital and Free School in such sort as in and by the said Letters Patents is expressed And did further by the same Letters Patents nominate ordain assign constitute limit and appoint certain persons in the same Letters Patents named to be Governours of the Lands Possessions Revenues and Goods of the said Hospital And did by the same Letters Patents Incorporate the said Governours and their Successors to be a Body Politique and Corporate to have continuance for ever 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 did further by the same Letters Patents give licence to the said Thomas Sutton to give grant and assure to the said Governours the Mansion-house commonly called Charter-house besides Smithfield in the said County of Middlesex and divers and sundry other Mannors Messuages Lands Tenements and Hereditaments mentioned in the said Letters Patents as in the said Letters Patents more at large appeareth And whereas the said Thomas Sutton Recital of the Founders Deed of Bargain and Sale minding the performance of the said Charitable Work by his Indenture of Bargain and Sale bearing date the First day of November in the Ninth year aforesaid and enrolled in his said late Majesties High Court of Chancery did according to the said licence to him in that behalf given for the consideration in the same Indenture mentioned give bargain sell grant confirm and convey to the said 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 to their Successors for ever the said Mansion-house commonly called Charter-house besides Smithfield in the said County of Middlesex and divers and sundry other Mannors Messuages Lands Tenements and Hereditaments in the same Indenture mentioned and expressed upon especial trust and confidence that all and singular the Rents Issues Revenues Commodities and Profits of all and singular the said Mannors Houses Lands Tenements and Hereditaments should be for ever truly faithfully and wholly distributed converted and imployed to and for the maintenance and continuance of the said Hospital and Free School and other the Charitable uses in the said Deed indented mentioned as by the said Deed indented more at large appeareth Recital of the Heirs Suit in Law against the Foundation And whereas since the death of the said Thomas Sutton one Simon Baxter the Heir of the said Thomas Sutton hath attempted and endeavoured to impeach and overthrow the Incorporation and Foundation of the said Hospital and the endowments thereof and so to obtain and get to himself the Mannors Lands Tenements and Hereditaments that were the said Thomas Suttons and by him conveyed to the Governours of the said Hospital for maintenance of the poor there Howbeit the said Heir drawing the same in question in his said Majesties Courts of Kings Bench and Chancery and the Case being adjorned by the then Iustices of the Kings Bench into the Exchequer Chamber after solemn argument and deliberate advice of all the then Iustices of both Benches and Barons of the Exchequer it was clearly resolved That the said Foundation Incorporation and Endowment of the said Hospital was sufficient good and effectual in the Law And Iudgment was thereupon given accordingly in the said Court of Kings Bench and also a Decree agreeing with the said Iudgment was had in the said Court of Chancery upon consideration whereof and for that the said Foundation and Endowment doth daily maintain Fourscore poor men some maimed in the Wars some undone by Shipwrack and Misfortune on the Seas and Forty poor Scholars with a Master Preacher Teachers and Attendants and other Officers in very ample manner with good and sufficient allowance in all things It is most humbly desired in the behalf of the Governours and poor People of the said Hospital That it may be enacted by the Kings most Excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same The body of the Act. And be it enacted by the Authority aforesaid that the said House called the late dissolved Charter-house besides Smithfield The place of the Hospital and
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
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
are less capable of Learning and sittest to be put to Trades He and the Usher shall be diligent in the daily attendance on their Charge and shall not Journey into the Country without the Masters leave Nor shall they take into their Tuition above Sixty other Scholars unless they entertain another under Usher out of their own Means and to be dyeted and lodged out of the Hospital Nor shall they receive for teaching those of the Foundation any Fee or Wages from their Friends They shall be careful and discreet to observe the Nature and Ingeny of their Scholars and accordingly instruct and correct them In Correction they shall be moderate in Instruction diligent Correcting according to the quality of the Fault in matter of Manners and according to the capacity of the Fault in matter of Learning All other Duties of their place they shall faithfully perform namely to see that the Scholars be of modest and mannerly behaviour well and decently clothed orderly and seasonably dyeted cleanly and wholesomly lodged And that the Matron Butler Taylor and Groom perform their duties to these purposes otherwise their Tutors to be censured by Us the Governours and their Servants to be punished by the Master of the Hospital Schoolmasters 1. Mr. Nicholas Grey 2. Mr. Robert Grey his Brother 3. Mr. William Middleton 4. Mr. Robert Brooks 5. Mr. Samuel Wilson 6. Mr. John Bonchee 7. Mr. Norris Wood. 8. Mr. Thomas Watson Vshers 1. Mr. Bagley 2. Mr. Robert Grey 3. Mr. Middleton 4. Mr Brooks 5. Mr. Anthony Andrews 6. Mr. John Byrch 7. Mr. Samuel Wilson 8. Mr. John Martyn 9. Mr. Norris Wood. 10. Mr. John Stephens 11. Mr. Edmund Sly 12. Mr. Thomas Watson 13. Mr. Rowland Buckeridge 14. Mr. Thomas Walker Officers of the Revenues Steward of Courts NO Steward of Courts shall take any greater Fee than Five shillings for his Copy and entring it into the Roll unless it express uses made over by Will in which Case his Fee shall be Ten Shillings All Stewards of Courts shall bring or send into the Charter-house within three months after the Court holden the Roll thereof fairly written in Parchment with the Fine set down in the Margent and signed with his own hand They shall also deliver the Tenant his Copy within forty days after the Court holden if the Tenant demand it and pay for it according to the Rate aforesaid Stewards 1. Mr. John Mocket 2. Mr. Joseph Ward 3. Mr. Abell Allen. This Office is now turned into the Manciple's Auditor HE Shall quarterly examine the Receivers Book of Receipts of the Revenues and Disbursments for the Hospital to see if the one agree with the Rental and the other be disbursed by the Masters warrant and upon proof by Examination under his hand of every particular the Book shall be signed by the Master He shall weekly examine the Manciple's Book of Disbursments for Dyets and what else he lays out to see if the one agree with the Establishment and the other be done by warrant and upon due Examination to approve them under his hand before they be signed by the Master Upon Balancing all Accompts of Receipts and Disbursment at the years end he shall draw the Declaration by us formerly enjoyed in these our Orders that at the Assembly in Decemb. a perfect and yearly view may be taken of the state of the Hospital Auditors 1. Mr. John Wotton 2. Mr. Henry Wotton 3. Mr. Henry Playford 4. Mr. Spour Bailiffs NO Bailiff shall be chosen of any Mannor or Mannors unless he dwell there or within five miles distance at the farthest All Bailiffs shall put in Bond of Two hundred pounds apiece with two Sureties for paying in the monies by them levied either for free Rents or Profits of Courts and they shall not meddle with the Receipt of any Farm-rents upon pain of forfeiting their Bond. All Bailiffs shall bring in all free and customary Rents within forty days after the Quarter day also all Profits and Perquisits of Courts within the said time of forty days after the day assigned by the Steward for payment thereof Leases UPon a Lease hereafter to be granted no Tenant shall have respit for payment of his Rent above Forty days after the Quarter-day wherein he ought to pay it by his Lease All Lease Rents shall be paid by Tenants at the Charter-house so shall all free and customary Rents with Profits and Perquisits of Courts be there likewise paid by the Bailiffs All Lessees shall be tied by Covenant to dwell upon their Farms and not to put them over but to Wife and Children without Licence procured by Petition at the Table and signed by the Major part of the Governours there present and no Licence shall be granted them but for the remainder of years limited by the former Lease and at the same Rent and enjoyning the under Tenants to dwell thereupon In every Lease hereafter to be granted of any of the Hospital Lands or Tenements in any Mannor where a Court Baron is used to be kept there shall be comprised in every such Lease a Covenant on the Lessees part To do suit of Court there and to be obedient to the Orders therein to be made touching or by reason of the Lands and Tenements No Lease shall be made till within Three years before the expiration of the old Lease unless it be upon surrender of the old Lease Nor shall it be granted for Lives or longer time than One and twenty years No Fine shall be taken upon letting or renewing any Lease but such an Improvement of Rent as shall seem best to the Governours and for the good of the Hospital Surveys THere shall be two Surveys made of all such Lands belonging to the Hospital as are not already surveyed and the same shall be faithfully transcribed into a Book expressing the yearly Rent now paid and the yearly value by Survey which Book shall be brought to the Table at every Asssembly that upon the expiring or renewing of Leases the Governours may increase or abate the Rents as to their Wisdoms shall seem best for the good of the Hospital An Establishment for the Dyets Liveries Stipends Wages and other Charges and Expences 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 to be strictly observed and not any way exceeded viz. For weekly Dyet  l. s. d. EIght at the Master's Table allowed for Bread Beer Dyet and Detriments iiii   Fourscore at the Brothers Table allowed for Bread Beer Dyet and Detriments vii xiii iiii Forty two at the Scholars Table allowed for Bread Beer Dyet and Detriments vi xviii iii. ob Ten at the Manciples Table allowed for Bread Beer Dyet and Detrements  xliiii ii Two of the Kitchin and one Porter  xiii  Five Attendants for the Masters Table for Bread and Beer  v. x. For weakly Beavors  l. s. d. Eight
his Noble and Magnificent Benefaction Edv. 3. Anno 11o. He was sent Ambassadour to the French King which was no mean Imployment for him either as he was a Gentleman or a Stranger In this Voyage he couragiously lands his men on the Isle of Agnes on purpose to revenge the Death of some English men who not long before were slain by the Inhabitants when they came for fresh water Here he made a general slaughter and takes the Earl of Flanders his Brother Captain of the Island Prisoner His next martial performance was in company of Henry Earl of Derby Duke of Lancaster into Gascoign and Guyen where these two only attended with Five hundred men at Arms and some few Archers did mighty things vanquisht the Enemy and recover'd many walled Towns and Castles It chanced that the Countess of Montfort Sister to Louis Earl of Flanders like an undaunted Virago put on Armour and leads and encourages her People to repell the common Foe She desires aid of the King of England and hath it granted under the conduct of no less a man than the Lord Walter de Manny Not long after the King himself fighting with the French that he might not be known in Person puts himself and the Prince under the Colours and Defence of the same Invincible Warriour This may suffice for a small description of his Strength and Valour I shall now proceed to the occasion of this singular Instance of his Piety and Beneficence He lived in an Age wherein all things seemed as wonderful as himself Ann. 1345. on the Conversion of St. Paul a great Earthquake shook Germany wherewith many Villages and Castles fell down likewise Stones mixt with Rain fell out of the Air Moreover the same day many publick and private Houses fell at Venice afterwards the Earth was shaken more or less fifteen days whereof it hapned that almost all Women with Child were delivered before their time And after this a noysom Pestilence called Inguinaria invaded the People the venom of the Disease was so deadly that scarce one in an hundred escaped alive It began first in Scythia there raged along the Coasts of the Sea Pontus and Hellespont at length through Greece and Illyria it came into Italy 1346. A great Vapour coming from the North-part to the great fear of the Beholders was seen in the Air and fell on the Earth And the same year certain small Beasts in great number fell from the Element in the East through whose corruption and stench there ensued a great Plague which for three years reigned over the whole World First creeping into Asia from India was vehement in England Florence Germany and all Europe The Jews were thought guilty of it by poisoning Fountains and therefore they were burned every where 1349. The Eighth of the Calends of Febr in Noricum on that side it is joyned with Pannonia Illyrium Dalmatia Carinthia and Istria there was a great Earthquake in the Evening which lasted forty days Six Cities and Castles were overthrown and swallowed up In London the Plague was so vehement that in a place called Charter-house-yard were buried of the better sort of People Sixty thousand says Cambden in his Britannia Middlesex p. 311. Ibi floruit opulenta Carthusianorum aedes à Gualtero Manny Hannonio posita Qui summa cum laude sub Edv. 3. bello Gallico meruit Celeberrimúmque fuit eo loco ante Caemeterium in quo grassante peste 1349. Londino sepulta fuerunt plusquam quinquaginta hominum millia quod inscriptione ibi in aere pâ—steris fuit testatum In this dismal time it pleased God to stir â—p the heart of this Noble Knight to have respect to the danger that might fall in the time of this Pestilence then begun in England if the Churches and Church-yards in London might not suffice to bury the multitude Wherefore he purchased a piece of ground near St. John's street called Spittle-Croft without the Barrs in West-Smithfield of the Master and Brethren of St. Bartholomew Spittle containing Thirteen Acres and a Rod and caused the same to be Enclosed and Consecrated by Ralph Stratford Bishop of London at his own proper Cost and Charges In which place in the year following Stow reports were buried more than Fifty thousand Persons as is affirmed by the King's Charter and by this following Inscription which he read upon a Stone Cross sometime standing in the Charter-house-yard An. Dom. M. CCC XL. IX Regnante magna Pestilentiâ consecratum fuit hoc coemeterium In quo infra septa praesentis Monasterii sepulta fuerunt mortuorum corpora plusquam quinquaginta millia praeter alia multa abhinc usque ad praesens Quorum animabus propitietur Deus Amen Here not long after he caused a Chappel to be built wherein Offerings were made and Masses said for the Souls of so many Christians departed And afterwards Ann. 1371. he founded an House of Carthusian Monks which he built in Honour of the Salutation of the Mother of God as may be seen at large in the King's Charter and the Pope's Bull which I have annexed This Pestilent Disease continued in one place or another till the Year 1357. at which cessation the Bishop of Norwich the Earl of Northampton Earl of Stafford Sir Richard Talbot and Sir Walter de Manny sailed over into France to make a Peace which they did for a year only But after many long and happy years when the Prince of Wales eldest Son to Edward the Third dy'd at Bourdeaux the Prince with his Wife and other Son Richard came over into England then in the year 1371. dy'd our worthy Heroe at London and was buried in the Monastery of the Chartreux which he had built leaving behind him only one Daughter married to John Earl of Pembroke Thus departed the generous Soul of this pious Founder thus he desired to sleep in peace among his Carthusians in the Fields as 〈◊〉 M. ss terms them in the Cott. Libr. and left such a Monument of his Bounty to Posterity that I suppose it no Crime to make this Honourable mention of Him For at the Dissolution of Religious Houses this was valued at Six hundred forty two pounds four pence half penny If any person be offended at what is said because he lived in a dark and gloomy Age I refer him to the Preface of that great Man Cambden in his Britannia Sunt ut audio qui Monasteria eorum Fundatores à me memorari indignantur dolentuâ— audio sed cum bonâ illorum gratiâ dixerim iidem indignentur imo forsan oblivisci vèlint majores nostros Christianos fuisse nos esse cum non alia Christianae eor um pietatis in Deum devotionis certiora illustriora uspiam extiterint monumenta nec alia fuere plantaria unde Christiana Religio bonae literae apud nos propagentur utcunque saeculo corrupto averruncanda filix in illis plus nimio succreverit CHAP. V. Of their Fabulous Miracles AS we
your memorial both eternal and blessed or if you had rather the whole Common-wealth But now I find my self too hold and too busie in thus looking to particularities God shall direct you and if you follow him shall Crown you Howsoever if good be done and that betimes He hath what he desired and your Soul shall have more than you can desire The Success of my weak yet hearty Counsel shall make me as rich as God hath made you with all your abundance God bless it to you and make both our Reckonings cheerful in the Day of our Common Audit Never man received Advice more kindly than Mr. Sutton and blessed God for the return of his Prayers in the Garden He never was inclinable to Dr. Willet's former Proposal upon these accounts he understood the Patrons of Chelsey Colledge were few nor was his design to be an additional Benefactor but a Founder Besides he plainly saw those Enemies to the work who thought they lay in secret and what was more he perceived it was look't upon with a jealous Eye by the Universities as a disparagement to them Then other Divines and Churchmen thought they were undervalued because the Fellows of this Foundation were likely to gain Priviledges prejudicial to them And lastly the Politick States-men did dislike the Project suspecting Court Divinity and History from a Colledge This is supposed to be the place meant by the Incomparable Cowley in his excellent Instructions towards the Institution of a Colledge Nor to add a City-Hospital could he be induced though much solicited the poor of those places being likely to be well provided for by the daily Legacies of such who were not in any capacity to do so great things as himself Being thus solicited by others to perform that which he had long since resolved within himself and having observed how many hopeful Youths miscarried for want of competent Means for their Education and how many ancient Gentlemen having the same tender Breeding with their Elder Brothers yet have but the slender Fortunes of a Younger Brother that they were too generous to begg not made for work whose ingenuous Natures were most sensible of want and least able to relieve it but were cast away and brought to misery for want of a comfortable Subsistence in their Old Age Therefore he resolved to prevent by his memorable Charity as far as he could these growing inconveniences The blind Devotion of former Ages had so abused the ends and designs of Charitable Works that King Edward the First as well as Theodosius the Emperour made a Law of Mortmain whereby it is made unlawful for any man to bestow Land of such a value to any Religious or Charitable use without licence from the King of Mortmain in Parliament This Law of Amortization in the Emperor's time much grieved many good men For St. Jerome thus complains to Nepotian I am ashamed to say it the Priests of Idols Stage-players and Common Harlots are made capable of Inheritance and receiving Legacies only Ministers of the Gospel are barred by the Law thus to do and that not by Persecutors but Christian Princes neither do I complain of the Law but am sorry we have deserved it To the same purpose is that of St. Ambrose Ep. 31. deploring the State of the Clergy Upon the account of this Law Mr. Sutton was forced to petition his Majesty K. James and the Parliament March 10. 1609. for leave and licence to erect and endow an Hospital in the Town of Hallingbury Bouchers in the County of Essex An Act of Parliament granted to Thomas Sutton Esq to erect an Hospital at Hallingbury in Essex c. HVmbly beseecheth your Majesty your loyal and dutiful Subject Thomas Sutton of Balsham in the County of Cambridge Esquire That it may please your most excellent Majesty and the Lords Spiritual and Temporal and the Commons in this present Parliament assembled to enact ordain and establish And be it enacted ordained and established by the Authority aforesaid That in the Town of Hallingbury otherwise called Hallingbury Bouchers in the County of Essex there may be builded and erected at the costs and charges of your Suppliant one meet fit and convenient House Buildings and Rooms for the abiding and dwelling of such a number of poor people men and children as your Suppliant shall name limit and appoint to be lodged harboured abide and be relieved there And for the abiding dwelling and necessary use of one Schoolmaster and Vsher to instruct the sâ—m children in reading writing and Latin and Greek Grammar and of one Divine and godly Preacher to instruct and reach all the rest of the same House in the knowledge of God and his Word And of one Master to govern all these persons of in or belonging to the same House And that the same shall and may be called and named the Hospital of King James founded in Hallingbury in the County of Essex at the humble petition and at the only costs and charges of Thomas Sutton Esquire And that the right reverend Father in God Richard now Archbishop of Canterbury and his Successors Archbishops there Thomas Lord Ellesmere Lord Chancellor of England and such as after him shall succeed to be Lord Chancellors or Lord Keepers of the great Seal of England for and during the time they shall so continue or be in the same office Robert Earl of Salisbury Lord High Treasurer of England and such as after him shall succeed to be Lord Treasurers of England for and during the time they shall continue or be in the same Office The Reverend Father in God Launcelot Bishop of Ely and his Successors Bishops there Richard Bishop of Rochester and Dean of the Cathedral Church of Westminster and his Successors of and in the same Deanery of Westminster Sir Thomas Foster Knight one of the Iustices of your Majesties Court of Common Pleas usually holden at Westminster Sir Henry Hobart Knight your Majesties Attorney General John Overall Doctor of Divinity Dean of the Cathedral Church of Saint Paul in London and his Successors Deans there Henry Thursby Esquire one of the Masters of your Majesties Court of Chancery Thomas Fortescue Thomas Paget Geffrey Nightingale and Richard Sutton Esquires John Lawe and Thomas Browne Gentlemen and such others as shall be from time to time for ever hereafter chosen and nominated in and to the places and steads of such of them as shall decease by your Suppliant during his life And after his decease by the most part of them which then shall be Governors of the said Hospital to be and succeed in and to the place and places of him and them deceasing shall and may be the Governors of the said Hospital and of the Members Goods Lands Revenues and Hereditaments of the same at all times hereafter for ever And that the same Governors and Hospital shall for ever hereafter stand and be incorporated established and founded in name and in deed a body politique and corporate to have
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
Fundo Erigo c. But in truth the Corporation is made by the King's Charter and the Founder is but an Instrument 9. The mony paid by some of the Governours in their private capacity is good but the payment was as Governours and so they are acquitted 2. a Rent was reserved which was a good consideration 3. a Bargain and Sale was to be upon Confidence and Trust 10. They may plead that they are seized in fore although then it be not in esse In Answer to the Precedents some are Explanatory and some Negatory ex Consuetudine Clericorum This being the Case it was argued shrewdly on the Plaintiff's side By Sir Francis Bacon Solicitor General Mr. Gualter of the Temple And Mr. Yelverton of Grays Inne And on the Defendants side the Hospital c. By Mr. Hubbard Attourney General Mr. Hutton Serjeant at Law Mr. Coventry of the Inner Temple But nevertheless an Adjournment was made of it from the Kings Bench to the Exchequer Chamber where it was solemnly argued by the Judges of the Land Sir Robert Hutton Sir Augustine Nicholls Sir John Doderidge Sir Humphrey Winoh Sir Edward Bromely Sir John Crooke Sir James Altham Sir George Snig Sir Peter Warberton Sir Laurence Tanfield Lord Chief Baron Sir Edward Coke Lord Chief Justice of the Common Pleas. Sir Thomas Flemming Lord Chief Justice of the King's Bench was then sick and so not present Here it was judged with the great applause of all that heard it for the Defendants the Governours of the Hospital The Plaintiff being but a man of ordinary quality was judged to have reason to be content with a tolerable provision for him sutable to his degree viz. he had allotted to him the Mannor of Turback in Lancashire consisting of a fair ancient House two Parks and large Demeans plentifully stored with Timber valued at 350 l. per Annum Rent of Assise together with a Rectory worth 100 l. per Annum in the same County and 300 l. by Will Thus was this great Difference at Law decided 1. For the Honour of the Protestant Religion that has produced such a Work of Piety and Charity as never was in the Christian World all things considered for it was the Erection of one Private man who bequeathed a mighty Estate to this pious Use 2. It was for the glory of the King to whom ex congruo condigno it was dedicated that it might bear his Name engage Him in its Institution and His Royal Successours in its future Patronage and Maintenance 3. For the increase of Piety that men in this Age be not deterred from Good Works 4. That Justice and Mercy might come together Righteousness and Peace kiss each other That every Person may have his due esteem we are to understand that much is owing to the lasting memory of Sir Edward Coke who like a firm Rock stood between that and danger he outweather'd the storm and broke the fury of interested and mercenary Eloquence At one time it was almost crushed by the hungry hopes and violence of some Self-seeking Courtiers which made that Oracle of Law more warm and positive in his Determinations He endeavoured and brought it to pass and he deserves a Monument of greater Honour among us than he found in the Church of Norwich And if it were lawful to annex the Succession of a Governour to any but the Royal Family 'T were pity the Name of so Honourable a Patron should ever be out of the List of the Right Honourable the Lords and Governours of the Charter-house Among those who were Enemies to this Religious design I find Sir Francis Bacon writing this following Advice to King James Vide Resuscit May it please your Majesty I Find it a positive Precept in the Old Law That there should be no Sacrifice without Salt The Moral whereof besides the Ceremony may be That God is not pleased with the Body of a good Intention except it be seasoned with that Spiritual Wisdom and Judgment as it be not easily subject to be corrupted and perverted For Salt in the Scripture is both a figure of Wisdom and lasting this cometh into my mind upon this act of Mr. Sutton which seemeth to me as a Sacrifice without Salt having the Materials of a good Intention but not powdred with any such Ordinances and Institutions as may preserve the same from turning corrupt or at least from becoming unsavory and of little use For though the choice of the Feoffees be of the best yet neither can they always live and the very nature of the work it self in the vast and unfit proportion thereof is apt to provoke a mis-imployment it is no diligence of theirs except there be a digression from that Model that can excuse it from running the same way that Gifts of the like condition have heretofore done For to design the Charter-house a Building fit for a Prince 's Habitation for an Hospital is all one as if one should give in Alms a rich embroydered Cloak to a Beggar And certainly a man may see tanquam quae oculis cernuntur that if such an Edifice with Six thousand pounds Revenue be erected into one Hospital it will in a small time degenerate to be made a preferment of some great Person to be Master and he to take all the sweet and the Poor to be stinted and take but the Crums as it comes to pass in divers Hospitals of this Realm which have but the names of Hospitals and are but wealthy Benefices in respect of the Mastership but the poor which is the propter quid little relieved And the like hath been the Fortune of much of the Alms of the Roman Religion in the Great Foundations which being begun in Vain-glory and Ostentation have had their Judgment upon them to end in corruption and abuse This Meditation hath made me presume to write these few Lines to your Majesty being no better than good wishes which your Majesties great Wisdom may make something or nothing of Wherein I desire to be thus understood that if this Foundation such as it is be perfect and good in Law then I am too well acquainted with your Majesties Disposition to advise any course of power or profit which is not grounded upon a right Nay further if the defects be such as a Court of Equity may remedy and cure Then I wish that as St. Peter's Shadow did cure Diseases so the very shadow of a good intention may cure the defects of that Nature But if there be a Right and Birthright planted in the Heir and not remediable by Courts of Equity and that Right be submitted to your Majesty whereby it is both in your power and grace what to do then do I wish that this rude Mass and Chaos of a good Deed were directed rather to a solid Merit and durable Charity than to a blaze of Glory that will but crackle a little in Talk and quickly extinguish And this may be done observing the Species of Mr. Sutton's
ready mony And if he shall disburse any thing contrary to these Orders it shall not be allowed him upon his Accompt Besides he shall be answerable for his Disobedience He shall take a true and perfect Inventory twice in every year of all the Goods Moveables and Utensils of and throughout the Hospital and give Accompt thereof to the Master that he may lay the imbezelling or loss to every Officer Groom or poor Brother to whom it was intrusted satisfying the House out of their Wages at his discretion and giving order for repairing and renewing such Stuff as shall be so lost or by long wearing become no more useful The poor Brothers THey shall not exceed the Number of Fourscore They shall not be holden qualified and capable of the place unless they be such as are within the Intention of the Kings Letters Patents of the Foundation namely Gentlemen by Descent and in Poverty Souldiers that have born Arms by Sea or Land Merchants decayed by Pyracy or Shipwrack or Servants in Houshold to the King and Queens Majesty and none of these to be under the Age of Fifty years at the time of their Admission and it shall be the Masters Charge to certifie the Table when they are propounded at an Assembly if he know any thing of any man standing in Election to the contrary He that hath been maimed in the Warrs either at Sea or Land and not in any fray or private quarrel being also a Subject of the Kings Dominions shall be capable of the place at Forty years Age or upwards But if he be not maimed though otherwise well deserving he shall not be capable of the place unless he be Fifty years old at the least Nor shall any be admitted whose Body is tainted with any Leprous Unclean or Infectious Disease None shall be admitted or elected that hath competent Means to sustain him and if at or after his admittance he shall be found to have an Estate in value worth two hundred pounds or coming in viis modiis to the value of Four and twenty pounds per Annum during his Life his place shall be void No poor Brother shall be admitted till the next Quarter day after his place is void and till he bring two pair of new Sheets with him or that the House provide them for him in Discharge whereof the Receiver shall deduct the price out of his Wages due the first two Quarters by even and equal portions and upon his accompt clear the House of that charge 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 allowances for Commons he shall not have They shall not go into the Country to visit Friends or upon any other business without the Masters leave and that but for two Months at the farthest in which case and time of absence they shall be allowed two third parts of their Commons in mony but no part of their Wages shall be abated but if they go abroad either with leave or without and fall under Arrest or any other danger whereby their return is slayed in such case they shall have no means or allowance from the Hospital either for Commons or Wages only their place 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 their Quarters wages They shall not undertake the following of other mens Causes and Suits nor procure the molestation trouble or expence of other the Kings Subjects by their suggestions or informations upon pain of paying what Mulct the Master by these our Ordinances can impose upon them and abiding the Governours further pleasure All other Duties to be performed after their Admission as daily frequenting the Chappel Reverent behaviour at Prayers civil fashion of feeding cleanly and decent Clothing neat and wholsom Lodging friendly and brotherly conversing and living together shall be referred to the Masters discretion to direct and to the power we have given him to Correct The School THE Scholars of the Foundation shall not exceed the Number of Forty nor shall any be admitted but such as the Schoolmaster shall find and approve to be well entred in Learning answerable to his Age at the time of his admittance The Schoolmaster shall be of Twenty seven years Age at the least a Master of Arts of good Reputation both for his Life and Learning in the Latin and Greek Tongues The Usher shall likewise be well qualified for his place having taken degree of Batchelor of Arts two years at least before his Election Aged twenty four years And if there be such in either University no discontinuers and that have formerly been Members of this Hospital they shall coeteris paribus be chosen before any others The Schoolmaster shall have charge to admit no poor Scholar without one new Sute of Apparel besides that he weares two new Shirts three new pair of Stockings three new pair of Shoos and Books for the Form he is to be in or mony to buy them and if he fail therein the charge of repairing the wants shall be discounted out of his own Wages He shall have Certificate by good proof from the place whence they come of the just Age of every Boy to be admitted and he shall admit none under the Age of Ten years and above Fourteen as he will answer the contrary He shall keep a Book of all such admissions as also of all Scholars sent to the University or Trade with a particular and punctual setting down the day and year of their coming in going out They shall keep the accustomed hours of six in Summer and Seven in Winter for their coming to School and Eight and Three in the Forenoon and Afternoon for their Collations and of Six in Summer and Winter if the time of Meals will permit for their leaving off not failing both Morning and Evening to begin and end their Studies with the Latin Prayers and Collects now used He shall read none but approved Authors Greek and Latin as are read in the best esteemed Free-Schools and to see those of the Upper Form furnished with Greek Testaments for their use in the Chappel Besides the Scholars weekly exercise they of the highest Form shall every Sunday set up in the great Hall four Greek and four Latin Verses a piece upon any part of the Second Lesson appointed for that day for the Master of the Hospital or any Stranger to view and examine As also two shall be weekly appointed for reading the Chapters and saying Grace at every Meal in both the Halls It shall be his care and the Ushers charge to teach the Scholars to Cipher and cast an Accompt especially those that
said Messuages Tenements or Hereditaments of the said now Lord North according to the true meaning of the said several Deeds And that it shall and may be lawful at all times hereafter to and for the said Dudley Lord North his Heirs Tenants and Assigns and all others inhabiting and possessing the said Mansion-house or any other the said Messuages Tenements or Hereditaments of the said Lord North for themselves their servants and workmen to have free ingress and regress into and from the Orchards Gardens or other places of the said Hospital where it shall be needful to survey repair cleanse amend and new make the said Pipes Conduits Cocks Chanels and Water-courses and all other Pipes Conduits Cocks Chanels and Water-courses that hereafter shall be erected or placed within the precinct of the said Hospital for the conveying of Water unto the said Mansion-house or other the Messuages Tenements or Hereditaments of the said now Lord North or any of them and to that purpose to subvert and digg up the Soil of the said Orchards Gardens or other places of the said Hospital where it shall be needful Provided also A Proviso for the Viscountess Maidstone and be it Enacted by the Authority aforesaid that this Act or any thing therein contained shall not in any wise extend unto the Mansion-house of the Right honourable Elizabeth Viscountess of Maidstone scituate and being in Charter-house Church-yard near unto the said Hospital nor to any the Buildings Outhouses Gardens or Grounds therewith used or thereto pertaining nor to any Mansion-houses Buildings or Grounds therewith used of any other person or persons within or near the precinct of the said Church-yard or Hospital and not conveyed or mentioned to be conveyed by the said Thomas Sutton to the said Governours by the said Indenture of Bargain and Sale But that it shall and may be lawful to and for the said Viscountess of Maidstone and all and every other person and persons whatsoever to hold and enjoy the said several Mansion houses and Premisses therewith used or thereto pertaining together with all ways and passages with Carts or otherwise and all Liberties Profits Easements Water and Water-courses Pipes Cocks and Passages for Water and liberty to digg cleanse amend and new make such Pipes Cocks and Water-courses as fully and as amply as if this Act had never been had nor made Ego Henricus Elsyinge Armiger ' Clericus Parliamentorum virtute brevis dicti Domini nostri Regis de Certiorando mihi direct ' his annexat ' certifico superius hoc scriptum verum esse tenorem Actus Parliamenti supradicti in eo brevi mencionat ' In cujus rei testimonium Sigillum nomenque meum apposui atque subscripsi Dat' secundo Die Julii Anno regni dict' Domini nostri Regis Caroli quarto H. Elsyinge Cler ' Parl. Nos autem separales tenores brevis scedulae predict ad requisition ' Gubernatorum terrarum possessionum revencionum bonorum Hospitalis predict duximus Exemplificand ' per presentes In cujus rei testimonium has literas nostras fieri fecimus Patentes Teste meipso apud Westmonasterium Decimo octavo die Julii Anno Regni nostri quarto Cesar Car. Examinat ' per nos Rob. Riche Edw. Clarke Clericos Irrotulat ' Rotul ' Patent ' Cur ' Cancellar ' Domini Regis Caroli infra script ' de Anno Regni ejusdem Regis Angliae c. Quarto Now all things are fixed and settled according to the admirable Ends they were designed for every one enjoying the benefit and refreshments of our Noble Founder's Charity Ezra 6.9 Day by day we have our Portions without fail that we may offer Sacrifices of sweet Savour unto the God of Heaven and pray for the Life and Prosperity of our most gracious King and the Happiness of our Noble Governours The Names of the present Governours 1. The most Reverend Father in God Gilbert Lord Arch-bishop of Canterbury 2. The Lord Chancellor of England 3. The Duke of Buckingham 4. The Duke of Monmouth 5. The Duke of Ormond 6. Lord Chamberlain 7. Lord Treasurer 8. Earl of Bridgewater 9. Earl of Craven 10. Earl of Shaftsbury 11. Lord Bishop of Winchester 12. Lord Bishop of Rochester 13. Lord Robarts 14. Mr. Secretary Coventry 15. Sir William Wild. 16. Martyn Clifford Esquire Thus the Government of this Foundation is fixed upon the most Honourable Grandees of our State and the most Reverend Prelates of our Church they who sit at the Helm of our Kingdom and are graciously pleased to steer and guide this goodly Ship of Renowned Sutton's Charity And here we may note the great Wisdom of our Founder who made choice of men of Honour and Power who were able to maintain his Foundation by their Interest and to grace it with their Honour When any of these Noble Lord happen to decease another is chosen within two months by the voices of the Major part The Patent runs thus TO all whom these Presents shall come the Governours of the Lands Possessions Revenues and Goods of the Hospital of King James founded in the Charter-house within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire send greeting in our Lord GOD everlasting Whereas _____ one of the Governours of the Lands Possessions Revenues and Goods of the Hospital of King James aforesaid lately died and departed this life by means whereof his room and place of a Governour did become and yet is and continueth void Know ye therefore that the said Governours according to the true intent and meaning of the Letters Patent of our late Soveraign Lord King James for the Foundation of the said Hospital bearing date the Two and twentieth day of June in the Ninth year of his Reign do elect nominate and appoint _____ to be henceforth one of the Governours of the Lands Possessions Revenues and Goods of the said Hospital of King James founded in the Charter-house within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire in the room and place of a Governour so being void as aforesaid by the death of the said _____ _____ to be and continue in the room and place and to have exercise and enjoy the said room and place of one of the Governours of the Lands Possessions Revenues and Goods of the Hospital aforesaid according to the true intent and meaning of the said Letters Patent In witness whereof the said Governours have hereunto set their Common Seal and every one of them his particular Seal c. The Members that are kept and maintain'd in the Hospital chiefly consist of old Gentlemen and Children 1. FOurscore ancient Men who have been formerly in the Wars and been serviceable to their King and Country or else decay'd Merchants whose Estates have been swallowed up in the Deep or aged and poor Housholders who have formerly lived in a fair esteem in the World who have a long
O Lord have mercy upon me for my sin is great If every moment we offend thee and can do nothing as we ought then how long must my Accusation be who have so many years repeated so many transgressions How dreadful must the thoughts of the Process of the Day of Judgment be unto me who have been so long an experienced sinner I faint at my own unworthiness and yet otherwise I cannot appear before thee O Lord I have no other qualification for thy mercy but my extream misery I am now brought very low to a vale of misery and tears surrounded with all the Chambers and Instruments of Death This dear Brother just deceased only shews the way that I must soon follow e're long I must repair to the House of mourning I must bid my last farewel to the world but wo and eternal sorrow will be my Portion if I dye in my sins and depart in thy displeasure Therefore out of the abundance of thy love pardon cleanse and reform my poor and sinful Soul send me thy sanctifying thy guiding and supporting Spirit that I may pass safely through the valley of Death in the lively sense of thy mercies and the refreshments of thy love in the hopes of pardon and the expectation of glory O thou ancient of days at whose voice the pillars of Heaven shake and the whole Creation trembles thou art my strength and defence in whom is my sole trust deliver my Soul from death mine eyes from tears and my feet from falling cleanse me from all my iniquities and purge me from my secret sins for Heaven is so holy a place that no impure thing can inhabit there teach me so to number the rest of my days that I may apply my heart unto Wisdom Here length of days is in her right hand and her ways lead to those rivers of joy which are at Gods right hand for evermore O Lord who art touched with a sense of my Infirmities let me not be afraid of the thoughts of Death that King of Terrours but soften its severity by a mild Commission sweeten its bitterness with the most pleasant relishes of joy and immortality My life I had of thee and all the blessings I have enjoyed ever since I came into the World O Lord make me willing to render them back again into thy hands Whom have I in Heaven but thee and I desire no other Saviour but thee Teach me often to meditate on Heaven that I may wish for it of Hell that I may abhorr it of Death that I may expect it and of the Day of Judgment that I may be prepared for it To thy mercy I appeal I fly unto thee for succour my sole dependance is on thy love I fear love reverence and adore thy goodness which is thy glory Blessed is the man whom thou choosest for though he seemeth to decay and perish to be a companion of death though the body wax feeble and impotent yet he lives the life of Faith he lives in the secure Courts of thy protection and the Guardian Angels pitch their Tents round about him Let not this be a short heat and suddain fit of Devotion raised by this late instance of mortality and the amazing thoughts of Death but may these exercises of piety continue and endure to my lives end For I know that my Redeemer liveth and that he shall stand at the latter day upon the Earth and though after my skin worms destroy this body yet in my flesh shall I see God Amen In the Morning before he stirs abroad O Lord God Almighty who makest the out-goings of the Morning and Evening to praise Thee I cannot but reverence and adore thy Divine Majesty for the Blessings of the last Night for my Preservation from all evils both of Body and Soul I laid me down and slept and rose up again for the Lord hath sustained me For I am a weak and aged Creature surrounded with Infirmities of Nature and seldom free from the assault of Temptations night and day Though my Limbs wax stiff and cold yet let my Soul be vigorous and fervent that like Jacob I may seem to wrestle with thee for thou delightest in the earnest and importunate Solicitations of thy people Now I am risen from my place of slumber teach me to look upwards to found my hopes on Thee to fix my eye upon that holy place from whence the day does break Bless me in all my endeavours and duties of this day that in every action I may have a regard to thy glory and the salvation of my own Soul Unto thee O Lord have I cryed and early in the morning shall my Prayer come before thee As long as I live will I magnifie thee on this manner and lift up my hands in thy Name O let me hear of thy loving kindness in the morning betimes for in thee is my trust Shew me the way I should walk in for I lift up my Soul unto thee I desire to dedicate the powers of my Soul the Affections of my heart and the Faculties of my Body to be thy Faithful Loyal and Obedient Servants Extend O merciful Father thy loving kindness over all the World especially this sinful Land of my Nativity Herein bless his most Excellent Majesty his Royal Consort and the Illustrious Prince let the Sons of Violence do them no harm Let Mercy and Truth preserve him and his Throne be establish't for ever before thee O thou who art the wonderful Counsellor and Prince of Peace Be gracious to thine Inheritance for the glory of thy Name let not thine Enemies devour the Church and lay waste her dwelling places Defend it with the Custody of Angels and the Patronage of Kings and Princes that She may flourish under the Beams of thy Favour and Providence take root and spread and fill all Lands that the whole Nation may be blessed with thy health and salvation Bless our Noble Governours under whose care and protection we live and are sustained Let thy Truth and Mercy be ever with them and when they have happily finish't their Course in this Life crown their Wisdom and Fidelity with Immortality and Glory Hear me for all those whom I am obliged to by the bonds of Duty Charity or Affection Pity all those who sit in darkness and the shadow of death preserve them in the midst of an untoward and sinful Generation Avert thy Judgments from us and soften the hearts of all our Enemies O Lord whom my Soul does desire and my Spirit seeks early in the morning How excellent is thy Name in all the World Grant me a pure intention of mind and a stedfast regard of thy glory in all my Actions Create in me sorrow for my sins thankfulness for thy benefits fear of thy Judgments and love of thy mercies that I may have a continual reverence for thy Name and be mindful of thy presence for evermore Every morning I draw nearer the last Stage of my Life therefore