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
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
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
Successors for the time being or the most part of them as is aforesaid And that it shall and may be lawful to and for the said Master Preacher Schoolmaster Vsher poor People poor Children and Officers of the said Hospital to remain assemble be and cohabit together in the said House Buildings and Hospital And that it may be further enacted by the Authority aforesaid And be it enacted by the Authority aforesaid That your said Suppliant during his Life and that the said Governors and their Successors for the time being or the most part of them after his decease shall an may have full power and authority under the said Common Seal to make ordain set down and prescribe such Rules Statutes and Ordinances for the order rule and government of the said Hospital and of the said Master Preacher Schoolmaster Vsher poor Men poor Children and Officers and their Successors and for their and every of their stipends and allowances for or towards their or any of their maintenance and relief as to your said Suppliant during his life and the said Governors and their Successors for the time being or the most part of them after his decease shall seem meet and convenient And that the same Orders Rules Statutes and Ordinances so by him them or any of them made set down and prescribed as aforesaid shall be and stand in full force and strength in Law the same not being repugnant nor contrary to your Majesties Prerogative Royal nor to the Laws or Statutes of this your Majesties Realm of England nor to any Ecclesiastical Canons or Constitutions of the Church of England then in force and use And that your Suppliant during his life and the said Governors and their Successors for the time being or the most part of them and such of them as your Suppliant shall thereto appoint and nominate shall and may after the decease of your said Suppliant have full power and authority to visit the said Hospital and to order reform and redress all disorders and abuses in and touching the government and disposing of the same And further to censure suspend and deprive the said Master Preacher Schoolmaster Vsher poor Men poor Children and Officers for the time being and every or any of them as to him and them shall seem just sit and convenient So always that no visitation act or thing in or touching the same be had made or done other than by your Suppliant during his life or the said Governors and their Successors for the time being or the most part of them after his decease or by such of them as your Suppliant shall thereunto nominate and appoint And also that it may be further enacted by the Authority aforesaid and be it enacted by the Authority aforesaid that the said Preacher and Minister of the Word of God which shall be placed in the said Hospital to and for the uses and purposes aforesaid from time to time hereafter shall and may enter into have hold and enjoy the Rectory and Parsonage of Hallingbury aforesaid in and to his own proper use and behoof for and during so long time as he shall be Preacher and Minister there without any other presentation or admission institution or induction And that no Lease shall hereafter be made of the said Parsonage or of any part or portion thereof other than such as shall determine and end when and as soon as any such person as shall be the Preacher or Minister of and in the said Hospital when the same Lease shall be made shall decease or resign leave or be put out and removed from his said place of Preacher or Minister of and in the said Hospital Saving always and reserving to your Majesty your Heirs and Successors and to all and every other person and persons bodies politique and corporate their Heirs and Successors other than your Suppliant and his Heirs and the person and persons from whom the same were purchased and their Heirs claiming only as Heirs all such Estate Right Title Condition Claim Possession Rents Services Commons Demands Actions Remedies Recoveries Terms Interests Forfeits Commodities Advantages and Hereditaments whatsoever which they or any of them shall or may have or of right ought to have of in to or out of the premisses or any of them or any part thereof as if this Act had never been had or made Other than Fine or Fines of or for any Alienation of the premisses or any part or parcel thereof And other than respits of homage or Fines for Non-payment of respit of homage at any time hereafter to be demanded And other than Title and Right of Liberty or Liberties to enter into the same or any of them for or by reason of any Statute heretofore made for concerning or against any Alienation or Mortmain prout per eundem actum inter alia plenius apparet Not long after Mr. Sutton changed his mind and was desirous to purchase my Lord of Suffolk's House near Smithfield formerly a Carthusian Monastery Founded as before is mentioned at large by Sir Walter de Manny At the dissolution of Abbies by King Henry the Eighth at the rasing of Convents a peculiar Clause was added to the Commission impowering them particularly to rate the Charter-house in London which amounted to 642 l. 0 s. 4 d. ob yearly And the Prior was enjoyn'd to renounce the Popes Supremacy and acknowledge the King but he chose rather to lose his life and was hanged at the Gate Then this Monastery and Duke's Place was bestow'd upon Sir Thomas Audly Speaker to that Parliament which dissolved these Houses It passed from him with his sole Daughter Margaret by marriage to Thomas Howard Duke of Norfolk and so by Descent to Thomas Earl of Suffolk This was the place which Mr. Sutton thought convenient for his intended Foundation and the rather because it had been formerly imploy'd to Religious ends At length he purchas 't it by the Name of Howard House otherwise called The late dissolved Charter-house near Smithfield in Middlesex consisting of Four or Five Courts a Wilderness Gardens Orchards and Walks thereunto belonging with Pardon Church-yard and the two Messuages adjoyning called Willbeck with all Buildings Closets Ways Waters Services Rents Wages Fellons Goods Outlaws Fugitives Liberties Reversions Emoluments and Appurtenances known to belong to the said House or other the mentioned Premisses paying down for the same Thirteen thousand pounds May 9. Jacobi 9. 1611. And on the 22 of June following settled the Hospital design'd by the aforesaid Act at Hallingbury by Letters Patents at the Charter-House The Letters Patents under the Great Seal are in my Lord Coke's Reports The Summe of the Letters Patents of King JAMES for erecting Sutton's Hospital at the Charter-House 1. THE Purchase is mention'd bought of the Right Honourable Thomas Earl of Suffolk 2. The Charter-house conceived to be a fitter place than Hallingbury 3. The Governours are incorporated and have full Authority to purchase take receive c. 4. Sixteen
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
the good oversight of mine Executor or Executors the Constable of Newington and the Church-wardens there for the time being the same High-ways to be amended made and holpen within one year after my decease Item I give towards the amending of the Highways between Ashden and Walden in the County of Essex called Walden-lane One hundred pounds of lawful mony of England And towards the amending of the Highways between Great Lynton in the County of Cambridge and the said Town of Walden Threescore and six pounds thirteen shillings and four pence of lawful mony of England And I also give towards the amending of Horsheath-lane Threescore pounds of lawful mony of England All these works next before recited I will shall be overseen and guided by the two head-Constables thereunto next adjoyning the Treasurer of Walden and the Parsons of Ashden Hadstock and Horsheath and the Constables of the same Parishes for the time being And the same several Sums to be imployed and the said Highways so to be amended so far as the same Sums will extend within One year after my decease Also I give towards the amending of the Bridges and the ordinary Highways between Southminster and Maldon in the said County of Essex the Sum of One hundred pounds of lawful mony of England and the same Work to be overseen and guided by the two head-Constables thereunto next adjoyning and the Parsons or Vicars of Southminster and Maldon for the time being and the same mony to be so imployed and the Highways so amended within one year after my decease Item I give to Mr. Robert Dudley Alderman of Newcastle upon Tine or to his Children or to so many of his Children as shall be living at the time of my decease Thirty pounds of lawful mony of England which he oweth me And I will and do earnestly charge mine Executor or Executors to deliver into the Treasury or Chamber of the City of London One thousand pounds in currant mony of England with such care and foresight to be had that such Bonds or Assurances be taken of the Lord Maior and Aldermen of the same City that for the time shall be by learned Counsel in the Law as the same may be safe and for ever go and be converted to these uses following That is to say That the said thousand pounds be yearly lent and put forth to Ten young Merchant men not having any great Stocks of their own being young men and of honest life and conversation and towardly in their Trades that is to every one of them One hundred pounds for a year without paying any thing for the same And these Ten young Merchants to be chosen and appointed by the Lord Maior and Aldermen of the said City that for the time shall be and the Dean of the Cathedral Church of St. Paul in London for the time being Provided as before that none have or continue the said hundred pounds so appointed above one year Item I will and give to the Children of Justinian Crome Draper sometimes dwelling in the City of Lincoln or to his Childrens children if any of them shall be living at my decease Twenty pounds of lawful mony of England to be equally divided amongst them I give also to the Wife and Children or Child of Martin Wathersine Dutchman sometime dwelling at the Sign of the White-Bear in Buttolph-lane London if any of them be living at the time of my death Ten pounds to be equally divided amongst them Item I give to the next Kinsman or Kinswoman of Henry Vavering Dutchman Smith sometimes dwelling in Barwick three pounds six shillings eight pence Item I give and bequeath unto Sir Francis Popham Knight as well in respect and good will which I bear unto his Wife being the Daughter of my late deceased dear Wife the Sum of Two thousand Marks of lawful mony of England upon condition nevertheless and so that the said Sir Francis Popham and the said Lady Anne his Wife give a sufficient discharge and a generall release to mine Executor or Executors as well for that summe as also for the receipt of all the rest of her part of portion of the plate money and houshould stuffe already paid and delivered to them or to their use as appeareth by severall bills or notes subscribed with my own hand which I do think to be the very true half and better half of the said plate mony and houshold-stuff part whereof was delivered by one John Fishborne my late Servant to Sir John Popham Knight late Lord Chief Justice of England at his late House in Chancery-lane The rest of the Houshold-stuff as Chairs Stools Bedsteeds Kitchin stuff Tables and such like was delivered by the said Fishborne to the said Sir John Popham's Servants at Newington One thousand pounds in mony paid in this sort viz. To Sir John Popham by his Servant Straker upon the said Sir John's Bill before marriage Three hundred pounds which Bill after the marriage I returned to the said Sir John Popham seven hundred pounds were paid to the said Sir John Popham upon the marriage by one Mr. Anthony Law late dwelling in Pater-noster-row London the better moiety of the plate due to Sir Francis Popham was by the appointment of the said Sir John Popham received by one Mr. Clark sometimes towards the said Sir John and now a Counsellor at the Law of the Middle-Temple as I ghess Item I give to my well-beloved friend Amy Popham Two hundred pounds to be paid to her at the day of her marriage or when she shall accomplish the age of Eighteen years Item I give to Francis Popham Mary Popham Elizabeth Popham Jane Popham and Anne Popham all Daughters of the said Lady Anne Popham One hundred pounds apiece which several Sums I will shall be paid them at the days of their marriage or when they shall accomplish the age of eighteen years And my will and meaning is that unless the said Sir Francis Popham and the said Lady Anne his wife do or shall give to mine Executor or Executors a general Acquittance or Release to the effect above-mentioned that then as well the said Legacy of Two thousand Marks so willed to be given to the said Sir Francis Popham and the Lady Anne his wife as also the other several Legacies given and bequeathed to every of the said Children of the said Sir Francis Popham and the Lady his wife shall remain and be to the use of mine Executor or Executors to be wholly disposed and given by them within one year after my decease partly to the amending of High-ways and partly to poor Maidens marriages and partly to the releasing of poor men that lie in Prison for Debt and partly to the poor people of mine intended Hospital when it shall please God that it shall be established and erected And where perhaps it is or may be supposed that the said Sir John Popham hath paid Three hundred pounds to Sir Rowland Hayward of the City of London
Alderman as a Debt due unto him upon the Bonds of John Dudley and Thomas Dudley I protest before God that I paid the whole three hundred pounds to the said Sir John Popham in this sort to be paid over to the said Sir Rowland Heyward viz. Two hundred pounds by my Servant John Fishborne and One hundred pounds by one Henry Best Scrivener near Temple bar There was a demand made by Alderman Duckets Executors for Four hundred pounds owing to the said Alderman upon the Bonds of John Dudley and Thomas Dudley for Copper for the use of the Earl of Leicester which the said Earl transported into Spain which Debt was paid to the said Alderman For I my self was a Messenger from the said Earl to the said Alderman to let him understand that Mr. Bainham my Lords special Officer and Receiver should discharge them presently after it was discharged the said Alderman demanded interest for the forbearing of the 400 l. which as I remember Thomas Dudley discharged Mr. Justice Owen as I remember who had the doing in the Testament of Ald. Ducket promised to deliver in the said Bond to Sir John Popham then being Attorney which I do believe he did And whereas Mr. John Gardiner brother to my late wife by his last Will and Testament did give unto Anne Dudley now wife to Sir Francis Popham one hundred pounds to be paid to her at the day of her marriage the same hundred pounds was and is paid by me at or before the day of her marriage viz. In a Chain of Gold being fourscore and seventeen pounds ten shillings in Gold and for the fashion paid to Master Padmore Goldsmith in London fifty shillings which compleats the hundred pounds for the which amongst other things which I delivered in trust I have no acquittance Item I give to Mr. Jeffery Nightingale Esquire the Sum of Forty pounds of lawful mony of England Also I give to my Cosen William Stapleton Son of Sir Richard Stapleton Knight One hundred Marks Item I give unto the Children of Sir Francis Willoughby Knight One hundred pounds of lawful mony of England to be equally distributed amongst them Item I give unto John Law one of the Procurators of the Arches London Two hundred pounds And to Mr. Tbomas Brown Ten pounds to make him a Ring Item I give to the Wife and Children of John Gardiner my late Wifes Nephew if they be living after my decease being the Mother and two Sons Two hundred Marks to be equally divided amongst them Item I give to the poor people of Hadstock to be distributed amongst them by the Churchwardens and Constables there for the time being Twenty pounds Item I give to the poor people of Littlebury and to the poor people of Balsham to be distributed as afore to either Town Twenty pounds Item I give to the Parson and Church-wardens of Balsham aforesaid for the time being to buy a Bell withal to be hanged up in the Steeple to amend the Ring there Twenty pounds Item To the poor of Southminster Twenty pounds Item To the poor of Little Hallingbury Twenty pounds Item To the poor of Dunsby in the County of Lincoln Twenty pounds Item I give to Robert Wright Poulterer of Little Hallingbury Five pounds Item I give to Widow Aske late Wife of Robert Aske of London Goldsmith Twenty pounds which she oweth me Item My will and meaning is that there shall no Interest or Increase for mony be taken after my decease so as he or they by whom any Sums of mony are or shall be owing do pay the principal Debt within one half year next after my decease Item I give and bequeath to the poor Prisoners within the Prisons of Ludgate New-gate the two Compters in London the Kings Bench and the Marshalsea the Sum of two hundred pounds to be paid and divided among the same Prisoners by even and equal portions Item I give to Susan Price at the day of her marriage Forty pounds Item I give to one Collins of the Town of Cursal in Essex Five pounds Item I give to my good friends Mrs. Heyward and Mrs. Low either of them Ten pounds Item I give to Margaret Woodhal my God-daughter the Sum of Twenty pounds Item I give to all other my God-children Five pounds a piece Item I give and bequeath to the Master and Fellows as the Corporation of Jesus Colledge in Cambridge the Sum of Five hundred Marks of lawful mony of England to be imployed used and bestowed for or in some perpetuity for and to the use benefit and behalf of the said Colledge Master Fellows and Scholars in such sort manner and form as by the discretion of the Bishop of Ely for the time being the Vice-chancellor of Cambridge for the time being the Master and Fellows of the said Colledge for the time being and my Executors hereafter named or the Survivor or Survivors of them if they be living when the bestowing of the said Sum shall come in question shall be thought best and most convenient Item I give and bequeath the Master and Fellows as thâ—â—â—…oration of Magdalen Colledge in Cambridge the Sum of Five hundred pounds to be imployed used or bestowed for or in some perpetuity for and to the use benefit and behalf of the said Colledge Master and Fellows and Scholars there in such sort manner and form as by the discretion privity and consent of the Vicechancellor in Cambridge for the time being the Master of Trinity Colledge in Cambridge for the time being and the Master and Fellows of the said Magdalen Colledge for the time being shall be thought best and most convenient And I will that my great Chain of Gold and all my Jewels of what kind soever they be shall be sold by mine Executors and Supervisors hereafter named towards the better and speedier payment of my Legacies and performance of this my last Will and Testament And my will and meaning is that all the Legacies by me in this my Testament and last Will given and bequeathed and for the payment of much whereof there is no certain time set down shall be paid within Two years next after my decease at the furthest Also I give for and towards the building of mine intended Hospital Chappel and School-house the Sum of Five thousand pounds if I do not live to see it performed in my life time And I desire in the Name of God my Feoffees and my Executor or Executors within two years after my decease or sooner if they may conveniently if it please not God I live to see and cause the same my determination to be performed and accomplished to see and cause the same to be performed and accomplished Also I give the residue of the years which I shall have at the time of my decease in one Close called the Withies lying within the Town and Fields of Cottingham in the County of York to the Maior and Aldermen of Beverly or to the Governour of the same Town and
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