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

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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
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
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
possessionem inducendi defendendi Inductos amotis quibuslibet detentoribus ab iisdem ac faciendi ipsis Priori Conventui de ipsorum Beneficiorum Fructibus redditibus proventibus congruas portiones ad ipsius Archiepiscopi vel Ordinarii arbitrium super quo ipsius Archiepiscopi Ordinarii conscientiam oneramus taxandas ex quibus si sint Ecclesiae Parochiales perpetui●l icarii per Priorem qui erit pro tempore conventum dictae domus ad Beneficia eadem praesentandi commodè sustentari jura Episcopalia solvere alia iis incumbentia onera sustentare Contradictores Authoritate nostrâ appellatione postposita compescendo non obstantibus si aliquis super provisionibus sibi faciendis de hujusmodi vel aliis Beneficiis Ecclesiasticis in illis partibus Speciales vel Generales Apostolicae Sedis vel Legatorum ejus Literas impetravit estamsi per eas ad inhibitionem reservationem decretum vel aliàs quomodolibet sit processam Quas Literas Processus habttos quos per eos post unionem hujusmodi habert conttgerit ad dicta Beneficia volumus extendi Sed nullum per hoc iis quoad assecutionem aliorum beneficiorum praejudicium generari quibuslibet Privilegits Indulgentiis Literis Apostolicis Generalibus vel Specialibus quorumcunque tenerum existant per quae praesentibus non expressa vel totaliter non inserta effectus earum impediri valeat quom ●olibet vel differri de quibus quorumque totis tenoribus habenda sit in Literis nostris mentis specialis plenam liberam tenore praesentium potestatem concedimus Datum Romae Apud Sanctam Marinum trans Tyberim pridié Idus Decembris Pontificatûs nostri Anno primo An Account of Sutton's Foundation with his Life and Death THOMAS SUTTON Esquire Founder of King James his Hospital in the Charter-house was born at Knaith in Lincolnshire in the year of our Lord 1531. which was the Four and twentieth year of Henry the Eighth Though he was born rather to give Honour to his Family than to borrow any from it yet his Blood was conveighed to him through many noble Saxon Veins in Cheshire Lancashire and Worcestershire For notwithstanding the Danish and the Norman Conquests yet in the time of the latter we find one of this Family Sherif in those Parts a Person of a fair and honourable esteem in the World And this advantage a Man well descended has above all others unless he degenerate that the Great Actions of his Ancestors will not let him sleep until he has outdone the Original The Course of this Ancient Family like the River Alpheus a while ran silently under Ground while at last it sprang up in Lincolnshire in the time of Henry the Seventh under Dudley as notorious for Cruelty and Exactions as our Founder is for Mercy and Compassion His Father was Edward Sutton Son of Thomas Sutton Servant to Edward the Fourth His Mother was Jane Stapleton the Daughter of Robert Stapleton Esquire of the most Generous and Worthy Family of the Stapleton's in Yorkshire Ancestours not so low that his Descent should be a shame to his Vertues nor yet so great but that his Vertue might be an Ornament to his Birth Mr. Cox afterwards Dr. Cox Almoner to King Edward the Sixth and Bishop of Ely under Queen Elizabeth brought him up three years at Eaton four years in Magdalen and Jesus Colledges in Cambridge to each of whose Children surviving at his Death Mr. Sutton gave 10 l. for a Legacy and as a thankful Acknowledgment of the Benefits he received from those places of good Learning he nobly bequeathed 500 to each Colledge Soon after he was placed in Lincolns-Inne as a Student that he might want no part of Learning becoming a Gentleman Not long after almost tired with a Sedentary life desire of Travel increasing with his Knowledge he went to visit Forreign Nations and obtained the perfection of several Languages Half of a year he tarries in Spain two in Italy one in France and then he passes into Holland and the Low-Countries from whence after a year or two spent in the Italian Wars for he was at the Sacking of Rome under the Duke of Bourbon he returned accomplish't with experience and observation Then he was admitted to the Earl of Warwick and the Earl of Leicester's service To the former he was a Steward to the latter a Secretary and to both he approved himself so able and faithful that they declared him fit for more Publique Imployments as after appear'd by their helping him to Farm the Northern Coal-mines and that upon no other Security than his own Word He was quickly spy'd out by his wise and noble Soveraign Queen Elizabeth one who knew where to bestow her Favours and who deserved her Bounty by her he was made Master of the Ordnance at Barwick which Office he enjoyed Fourteen years in token whereof there are two Pieces of Ordnance carved in Stone and set upon the Chimney-piece in the great Hall in the Charter-house Then he was chosen Pay-Master to the Northern Army and afterwards one of the Commissioners for the Sequestration of the Lands of the Northern Rebels in opposition to whom he shewed himself a wise Man in disposing so advantageously of the Berwick Forces And a valiant Man in his Actions and Conduct Some years after he became Victualler to the Navy and some Garrisons in the Low-Countries one of which was Ostend which by the help of some Fishermen he relieved very strangely and to his own great Advantage to which Town he left in his Will 100 l. Lastly he was a Commissioner for Prizes under the Earl of Nottingham Lord High Admiral of England who gave him Letters of Mart against the Spaniard from whom he took a Ship richly laden worth Twenty thousand pounds Having by these profitable Imploys laid the Foundation of a good Estate upon some mis-understanding between him and the Northern Nobility he retires to London to enjoy and improve it where his Riches increased and came upon him like a Tyde by the just Arts and Methods which he used He brought with him to London the Reputation of a mighty monied Man insomuch that it was reported That his Purse returned from the North fuller than Queen Elizabeth's Exchequer here he was made a Freeman Citizen and Girdler of London His Payments were thought as sure as her Pensions the readiness of his money and the fairness of his dealing laid the grounds of a mighty Reputation for now he is look't upon by all men he has the first refusal of the best Bargains of Sales and Mortgages which were more frequent in a dead time of Money as that was Here possibly he got acquaintance with several Lords Servants whom he remembers in his last Will and piously relieves them He was also resorted to by Citizens for mony and indeed Mr. Sutton became the Banker of London being called upon so much that he was perswaded to help
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 s●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
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
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 Hos●ital L●●… us to be v●●…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 S●ssion of Parliament to be done suffer●● 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 determinab●e upon one two or three lives by Indenture in possession and not in Reversion at the usual Rent or more or the t●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
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