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
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
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
Mount Carmel The ascent to this Hill is so difficult that it is reckon'd an Emblem of the way to Heaven so high so steep it is and craggy Nature has bestowed upon this Monastery a double Entrance the one is call'd the Carthusian Bridge where two hilly Banks raise themselves to an incredible height and joyn at the top The other is full of danger and wonders being a wearysome and uneasie passage four miles long between two rocky and mountainous risings Hither came these seven Converts with much pains and difficulty under the happy conduct of the aforesaid Bishop and here was to be the Plantation of Bruno's Piety and Holiness The Bishop gravely pronounces En Vester hic locus And then they kneel down and offer up the Sacrifice of Praise and Thanksgiving to Almighty God The Reasons why a Mountain was made choice of rather than a Valley to be the Habitation of this Order are many for say they we are now nearer Heaven here the Patriarchs of old did inhabit when Abram went to Sacrifice he ascended the Mountain and thus did Lot when he escap't the anger of the Lord Moses went up to the Mountain to receive the Law here lived Elias and the Sons of the Prophets This Mountain they compare to Mount Sinai because here Bruno gave them their Rules and Constitution sometimes to Mount Oreb for the renown of their Zeal and Charity to Seir because they are fortunate and have spread over most parts of Christendom to Moriah mons visionis because there the Holy Father beheld the Seven Stars to Mirre mons amaritudinis because of their severe discipline and rigour of life to Mount Sion Tabor and Olivet c. These are the usual Comparisons chiefly founded upon their Marginal Notes of Humour and Fancy As for the number Seven it must not pass without some figurative Comment These are the Seven Angels with the Seven Trumpets Rev. 8.6 to declare War and Destruction to the sinful World The Seven Steps that were seen in Ezekiel's Vision the Seven Candlesticks to enlighten the World and lastly the Eyes of the Lamb. I shall not farther take notice of their playing with this wise number but proceed to their Orders They are obliged to wear Shirts made of Hair never to feed upon flesh on Fridays to eat nothing but bread and water to live asunder in particular Cells and thither to have their Diet singly brought them except on some certain Festival days when they dine together not to entertain any Converse with each other but upon statutable times none to go out of the Monastery but the Superior and Procurator and they only to solicit the concerns of the Covent from this rigorous way of Life some imagine the name of their Order to be derived from Caro tusa now Cartuse from their Austerities and Mortification of the Flesh Their Habit is a white loose Coat with a Cowl of the same but when they go abroad they have a Case of black Stuff over it their Heads are shaved just as the Benedictines are Their particular Cells are low built and do contain three or four several Rooms on the ground-floor only having behind each of them a little Garden environed with a high Wall their Diet is brought to them by Lay-brothers and put in at a little Door in the Wall near the entrance thereof unto which there is a Lock the Key whereof is kept by him that serves them At the Hours of Publick Prayers they meet in the Quire Women are not permitted to come within the Precincts of their Monastery nor a man to speak with any of them without special license given by the Superior The Lay Brothers are not shaven but their Hair on the Head is cut short and round their Habit being the same with the Monks saving the Scapular which reacheth but a little below the middle and is girt close to them Which Institution by Bruno was as Polydore affirms in the Year 1080. but others upon better grounds affirm in 1084. As to their Diurnal and Nocturnal Offices they observe the Rule of St. Benedict As for their Number they have not anciently exceeded Thirteen in any one Convent they often glory in this Number upon these Accounts As first because it includes the Decalogue and Trinity then it bears an allusion to Jacob and his Sons as also to our Blessed Saviour and his twelve Disciples This Order frequently I find listed under the Patronage of St. John the Baptist CHAP. III. Of their Transplantation and Number in England 1. Coenobium Withamense THey first were brought hither by King Henry the Second Anno 1181. and the Seven and twentieth year of his Reign at which time he founded a Monastery for them at Witham in Somersetshire whereof Hugh Bishop of London was the first Prior. This Convent was founded to the Honour of the Blessed Virgin St. John the Baptist and All Saints 2. Hentonense In the Four and twentieth of Henry the Third the Lady Ela Countess of Salisbury at Henton in Wiltshire 3. La Salutation Mere Dieu That at the Charter-house For this I design a particular Chapter 4. Beauvaleense In the time of Edward the Third 1343. Nicholas Cantilupe Lord of Ilkeston founded a Religious House for Carthusian Friers at a place called Fair valley in Nottinghamshire 5. Coenobium Sanctae Annae In the Reign of Richard the Second 1381. we find another founded by William de la Souche called the Monastery of St. Anne near Coventry 6. Kingstonense In the same Kings Reign Michael de la Pool Lord of Wingfield Founded another of these Convents at Kingston upon Hull in Yorkshire 1378. 7. Mont-Gracense In the time of Richard the Second Thomas de Holland Duke of Surrey Earl of Kent and Lord of Wake founded another at a place called Mount-grace in Yorkshire And dedicated it to the Assumption of the Mother of God 8. Eppeworthense At Eppeworth beyond the Isle of Axiholme in Lincolnshire was erected the fourth Carthusian Monastery of this King's Reign wherein they did most flourish it was built for the Honour of the Visitation of the Mother of God 9. Sheenense Anno Dom. 1514. Henry the Eighth erected the last Monastery of the Carthusians hard by his own Mannor House Sheen in the County of Surrey and called it The House of Jesus of Bethlehem of Sheen CHAP. IV. Of the Charter-house or Carthusian Monastery near Smithfield With an Account of the particular occasion and Author of the Foundation THE Founder hereof was the brave and renowned Man at Arms Sir Walter de Manny Lord of the same place and born in the Diocess of Cambray now one of the Seventeen United Provinces He was first Banneret and then made by King Edward the Third the 46 th Ashmole Inst Gart. Knight of the Garter not as Speed one of the Founders His Arms three Cheverons Sable the Field Or. I shall begin with the first mention of him in our Chronicles and so trace him down to this
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
but to recommend this Great Example to the Christian World The Poets feign that at the end of the thred or web of every mans life there is a little Medal containing the person's name and that Time waiting upon the Shears as soon as the thred was cut caught the Medals and carried them to the River Lethe about whose Banks there were many Birds flying up and down that would get the Medals and carry them in their Beaks a little while and then let them fall into the River only there were a few Swans which if they got a Name would carry it to a Temple where it was Consecrated May the memory of this great Man long endure and in this Temple dwell for ever The last WILL AND TESTAMENT OF Thomas Sutton Esquire IN the Name of God Amen The Second day of November in the year of our Lord God One thousand six hundred and eleven I Thomas Sutton of Camp Castle in the County of Cambridge Esquire being weak in body and of good and perfect mind and memory thanks be given to Almighty God for the same Do make and declare this my last Will and Testament in manner and form following that is to say First and principally I commend my Soul into the hands of Almighty God trusting through his mercy and by the precious death and passion of my Saviour and Redeemer Jesus Christ to be saved and to inherit the Kingdom of Heaven for ever And my Body I will to be buried where and in what sort it shall seem meet and convenient to mine Executor or Executors and Supervisor or Supervisors of this my last Will and Testament with the least pomp and charge that may be Item I give to every one of the Children of Richard Coxe late Bishop of Ely who shall be living at the time of my death Ten pounds apiece of lawful mony of England Item I give to the Children of Eleanor Aske late wife of Robert Aske of Aughton in the County of York Esquire the Sum of One hundred pounds of good and lawful mony of England to be equally distributed amongst them Item I give to the poor Town of Berwick upon Tweed One hundred Marks of lawful mony of England to be distributed amongst the Poor there by the discretion of the chief Governour and Preacher there for the time being to be paid within one year after my decease Also I give to Andrew Westwood's wife of Newcastle upon Tyne or to her Children or to so many of them as shall be living at my death Ten pounds to be bestowed equally amongst them And I give to the poor people of Stoke-Newinton in the County of Middlesex Ten pounds to be distributed by the Constables Church-wardens and Parson of the same Town for the time being to the most needy people there Also I give to Mr. Gray dwelling in Yorkshire sometimes servant to Ambrose Earl of Warwick or to his Children if any of them be living at my decease Forty pounds of good and lawful mony of England to be distributed equally amongst them within six months after my decease Also I give to the Children of my Aunt White or to so many of them as shall be living at my decease One hundred Marks to be equally distributed amongst them within six months next after my decease Also I give to William Cocket Son to William Cocket late Alderman of the City of Lincolne One hundred pounds of lawful mony of England Also I give to the Children of John Copeland late of Skillingthorp in the County of Lincoln or to so many of them as shall be living at the time of my decease One hundred pounds of lawful mony of England to be equally distributed amongst them saving unto Elizabeth Copeland for my meaning is that she shall not have any part of the said Legacy of One hundred pounds And unto the said Elizabeth Copeland I give the Sum of One hundred pounds of lawful mony of England to be paid unto her at the day of her marriage or within one year after my decease Item I give unto Jane Upton one of the Daughters of Elizabeth Upton late wife of Hamond Upton of Wamfleet in the County of Lincoln Esquire the Sum of fifty pounds of lawful mony of England And to every other of the Children of the said Elizabeth who shall be living at the time of my decease Twenty pounds apiece of lawful mony of England to be paid within six months next after my decease Also I give to the Children of one Skelton late of Lowth in the County of Lincoln and sometimes towards the Henneages of Heniton in the said County Ten pounds to be equally divided amongst them Item I give to the Children of Thomas Pynner late of Micham in the County of Surrey Esquire or to so many of them as shall be living at my decease Twenty pounds to be equally distributed amongst them Item I give to the Children of Henry Tutty late Gunner in Barwick or to so many of them as shall be living at my decease Ten pounds of lawful mony of England to be equally distributed amongst them Also I give to my Neece Elizabeth Allen Two hundred pounds of lawful mony of England And to every of her Children which shall be living at my decease One hundred Marks apiece Item I give to Simon Baxter if he be living at my decease Three hundred pounds of lawful mony of England if not then I give the same Sum to his Child or Children to be equally divided amongst them Item I give unto Francis Baxter if he be living at my death Five hundred Marks of lawful mony of England if not I give the same Sum to his Child or Children to be equally divided amongst them Item I give unto each of my Serving-men to whom I give wages with my Cook that shall be alive at my decease Thirteen pounds six shillings and eight pence over and above their wages then due Item I give to so many of my Maid-servants as I have in my house at the time of my decease five Marks apiece over and above their wages Item I give unto the Children of Reynold Tomps my late Servant if any of them be alive at my death Ten pounds to be distributed amongst them Item I give to the Fishermen of the Town of Ostend in the Low-Countries One hundred pounds of lawful English mony to be given and distributed amongst the poorest Fishermen of that Town or for want of a competent number of them to call in some other of that Town to have a share of the said one hundred pounds by the discretion of the Governours of that Town and his Assistants and the Parson and Minister there for the time being the same to be paid within one year after my decease Item I give towards the mending of the Highways between Islington and Newington in the County of Middlesex Twenty six pounds thirteen shillings and four pence of lawful mony of England to be imployed and bestowed by
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
his Assistants for the time being to this end and purpose That they shall distribute or cause to be distributed the yearly profit arising of the same over and above the yearly Rent payable to the Kings most Excellent Majesty amongst the poorest people dwelling within the said Town of Beverly Also I give to the Maior and Aldermen of the City of Lincoln for the time being all such Profits and Revenues as shall arise and grow of the Parsonage of Glentham within the County of Lincoln and all the residue of the years that shall remain after my decease to this intent that they shall distribute and bestow or cause to be distributed and bestowed the same amongst twenty of the poorest people that shall then be dwelling in the said City with the consent and privity of the Dean of the Cathedral Church of Lincoln or the Recorder of the same for the time being they the said Maior Aldermen Dean and Recorder foreseeing that the Parsonage be letten for their most benefit Item I give into the Treasury or Store-house of mine intended Hospital to begin their Stock with and to defend the Rights of the House One thousand pounds of lawful English mony And I give to every one of my Feoffees whom I have put in trust about my intended Hospital to whom I have not given any thing in this my last Will the Sum of Twenty six pounds thirty shillings and four pence of lawful mony of England Item I give to Amy Popham if it please God she live to keep House three Feather-beds and so many pair of Holland Sheets with the Boulsters to them and so many Hangings of Tapestry as furnish her a Bed-chamber The rest of my Housholdstuff I will shall be sold by mine Executors for the speedier payment of my Legacies and performance of this my last Will. Item I give to the Widow Tassel of Balsham the Sum of Five pounds of lawful mony of England and to Thomas Lawrence the elder of the same Town Five pounds of lawful mony of England Item I give and bequeath unto the Brother of Percival Graung my late Servant deceased the Sum of Twenty pounds of like lawful mony of England And of this my last Will and Testament I make and ordain Richard Sutton of London Esquire and John Law one of the Procurators of the Arches London my Executors charging them as they will answer at the last Day of Judgment that they or one of them in the absence of the other endeavor themselves with all earnestness and diligence to see this my Will performed according to my true meaning and charitable intent And I make Overseers of this my last Will and Testament the Reverend Father in God George Abbot Arch bishop of Canterbury unto whom I give and bequeath the Sum of Forty Marks of lawful mony of England or a piece of Plate of that value at his election and choice And also Launcelot Andrews Almonizer to the Kings Majesty my other Supervisor and Overseer of this my last Will and Testament unto whom I give and bequeath the Sum of Twenty pounds of lawful mony of England or a piece of Plate of that value at his election and choice Item My will and full intent and meaning is That if any person or persons whosoever to whom I have in and by this my last Will and Testament given and bequeathed any Legacy or Sum or Sums of mony shall any ways gainsay impugn contradict or impeach this my last Will and Testament that then all and every one so impugning contradicting impeaching or gainsaying this my last Will and Testament and every of their Children and Kinsfolks to whom I have in and by this my last Will and Testament given and bequeathed any Legacy or Sum or Sums of mony shall have no part nor portion of any such Gift Legacy or Bequest but shall utterly lose the same and be utterly barred thereof as if no such Legacy Gift or Bequest had been given unto him her or them by this my last Will and Testament any thing before in these presents mentioned or contained to the contrary in any wise notwithstanding Item I give and bequeath to Richard Sutton one of my Executors before named the Sum of One hundred pounds and to Mrs. Law over and besides the Legacy before to her given I give the Sum of Forty pounds to make her a Gown withal Item I give to Master Hutton the Vicar of Littlebury Twenty pounds To the Town of Camps Castle where I dwell to be distributed amongst the poor of the same Parish Ten pounds Also to the poor of the Town of Elcomb to be equally distributed amongst them the Sum of Ten pounds Item I give and bequeath those my Mannors of Littlebury and Hadstock in the County of Essex to the Right Honourable the Lord Thomas Howard Earl of Suffolk and to his Heirs for ever upon Condition that he do well and truly pay or cause to be paid to my Executors before named or to the Survivor of them the Sum of Ten thousand pounds of lawful mony of England within One year next after my decease And if he shall refuse to pay the said Sum of Ten thousand pounds for the said Mannors then I give and bequeath the said Mannors of Littlebury and Hadstock to my said Executors and to their Heirs for ever And then I will and devise that the said Mannors of Littlebury and Hadstock shall be sold by my said Executors or the Survivor of them to the uttermost price and value that they may be sold for and the mony coming of the sale thereof together with as much more as shall make up the same Sum the full Sum of Twenty thousand pounds I will shall be imployed and bestowed by my said Executors or the Survivor of them with the advise of my Supervisors aforenamed in some good works and charitable uses for mine intended Hospital and for poor people or otherwise as they in their wisdoms and discretions shall think fit Item I give to Mr. Flud Parson of Newington the Sum of Thirteen pounds six shillings eight pence And to the wife of Benjamin King of Southminster Six pounds thirteen shillings four pence Item I give to Thomas Averell if it shall be found that he hath dealt faithfully and plainly with me in my business the Sum of Ten pounds which he oweth me Item I give unto the wife of Mr. Ingry of Littlebury Three pounds six shillings eight pence Item I give to Sir Henry Hubberd Knight the King's Majesties Attorney General a piece of Plate of the value of Ten pounds And to Mr Locksmith his Clerk the Sum of Ten pounds Item I give to the poor of the Parish of Hackney Ten pounds Item I give to Bridget Law the Sum of Ten pounds And to the Lady Altham daughter to Mr. Auditor Sutton the Sum of Twenty pounds Item I give to Sir Edward Philips Master of the Rolls a piece of Plate of the value of Twenty pounds And to