your memorial both eternal and blessed or if you had rather the whole Common-wealth But now I find my self too hold and too busie in thus looking to particularities God shall direct you and if you follow him shall Crown you Howsoever if good be done and that betimes He hath what he desired and your Soul shall have more than you can desire The Success of my weak yet hearty Counsel shall make me as rich as God hath made you with all your abundance God bless it to you and make both our Reckonings cheerful in the Day of our Common Audit Never man received Advice more kindly than Mr. Sutton and blessed God for the return of his Prayers in the Garden He never was inclinable to Dr. Willet's former Proposal upon these accounts he understood the Patrons of Chelsey Colledge were few nor was his design to be an additional Benefactor but a Founder Besides he plainly saw those Enemies to the work who thought they lay in secret and what was more he perceived it was look't upon with a jealous Eye by the Universities as a disparagement to them Then other Divines and Churchmen thought they were undervalued because the Fellows of this Foundation were likely to gain Priviledges prejudicial to them And lastly the Politick States-men did dislike the Project suspecting Court Divinity and History from a Colledge This is supposed to be the place meant by the Incomparable Cowley in his excellent Instructions towards the Institution of a Colledge Nor to add a City-Hospital could he be induced though much solicited the poor of those places being likely to be well provided for by the daily Legacies of such who were not in any capacity to do so great things as himself Being thus solicited by others to perform that which he had long since resolved within himself and having observed how many hopeful Youths miscarried for want of competent Means for their Education and how many ancient Gentlemen having the same tender Breeding with their Elder Brothers yet have but the slender Fortunes of a Younger Brother that they were too generous to begg not made for work whose ingenuous Natures were most sensible of want and least able to relieve it but were cast away and brought to misery for want of a comfortable Subsistence in their Old Age Therefore he resolved to prevent by his memorable Charity as far as he could these growing inconveniences The blind Devotion of former Ages had so abused the ends and designs of Charitable Works that King Edward the First as well as Theodosius the Emperour made a Law of Mortmain whereby it is made unlawful for any man to bestow Land of such a value to any Religious or Charitable use without licence from the King of Mortmain in Parliament This Law of Amortization in the Emperor's time much grieved many good men For St. Jerome thus complains to Nepotian I am ashamed to say it the Priests of Idols Stage-players and Common Harlots are made capable of Inheritance and receiving Legacies only Ministers of the Gospel are barred by the Law thus to do and that not by Persecutors but Christian Princes neither do I complain of the Law but am sorry we have deserved it To the same purpose is that of St. Ambrose Ep. 31. deploring the State of the Clergy Upon the account of this Law Mr. Sutton was forced to petition his Majesty K. James and the Parliament March 10. 1609. for leave and licence to erect and endow an Hospital in the Town of Hallingbury Bouchers in the County of Essex An Act of Parliament granted to Thomas Sutton Esq to erect an Hospital at Hallingbury in Essex c. HVmbly beseecheth your Majesty your loyal and dutiful Subject Thomas Sutton of Balsham in the County of Cambridge Esquire That it may please your most excellent Majesty and the Lords Spiritual and Temporal and the Commons in this present Parliament assembled to enact ordain and establish And be it enacted ordained and established by the Authority aforesaid That in the Town of Hallingbury otherwise called Hallingbury Bouchers in the County of Essex there may be builded and erected at the costs and charges of your Suppliant one meet fit and convenient House Buildings and Rooms for the abiding and dwelling of such a number of poor people men and children as your Suppliant shall name limit and appoint to be lodged harboured abide and be relieved there And for the abiding dwelling and necessary use of one Schoolmaster and Vsher to instruct the sâ—m children in reading writing and Latin and Greek Grammar and of one Divine and godly Preacher to instruct and reach all the rest of the same House in the knowledge of God and his Word And of one Master to govern all these persons of in or belonging to the same House And that the same shall and may be called and named the Hospital of King James founded in Hallingbury in the County of Essex at the humble petition and at the only costs and charges of Thomas Sutton Esquire And that the right reverend Father in God Richard now Archbishop of Canterbury and his Successors Archbishops there Thomas Lord Ellesmere Lord Chancellor of England and such as after him shall succeed to be Lord Chancellors or Lord Keepers of the great Seal of England for and during the time they shall so continue or be in the same office Robert Earl of Salisbury Lord High Treasurer of England and such as after him shall succeed to be Lord Treasurers of England for and during the time they shall continue or be in the same Office The Reverend Father in God Launcelot Bishop of Ely and his Successors Bishops there Richard Bishop of Rochester and Dean of the Cathedral Church of Westminster and his Successors of and in the same Deanery of Westminster Sir Thomas Foster Knight one of the Iustices of your Majesties Court of Common Pleas usually holden at Westminster Sir Henry Hobart Knight your Majesties Attorney General John Overall Doctor of Divinity Dean of the Cathedral Church of Saint Paul in London and his Successors Deans there Henry Thursby Esquire one of the Masters of your Majesties Court of Chancery Thomas Fortescue Thomas Paget Geffrey Nightingale and Richard Sutton Esquires John Lawe and Thomas Browne Gentlemen and such others as shall be from time to time for ever hereafter chosen and nominated in and to the places and steads of such of them as shall decease by your Suppliant during his life And after his decease by the most part of them which then shall be Governors of the said Hospital to be and succeed in and to the place and places of him and them deceasing shall and may be the Governors of the said Hospital and of the Members Goods Lands Revenues and Hereditaments of the same at all times hereafter for ever And that the same Governors and Hospital shall for ever hereafter stand and be incorporated established and founded in name and in deed a body politique and corporate to have
of the Governours meet at an Assembly and the greater part of them present determine and give order for any thing propounded then that Assembly shall stand good and those Orders shall be in force otherwise not And also all Elections and Expulsions made at such a full Assembly shall stand good otherwise they shall be held unlawful and it shall be the Masters duty to disavow them till the Governours pleasure be further known the next Assembly All Grants Leases and Presentations and all Elections of all Officers mentioned in the Charter and likewise of the Register Receiver Auditor Chappel Clerk Organist and Manciple as also of all poor men and poor Scholars shall be in the power of the Governours only and they shall not elect above Eighteen poor Men or Eighteen poor Scholars at any one Assembly No Patent or Fee shall be granted for life to any Officer whatsoever but durante beneplacito No poor Man or poor Scholar shall be admitted but into the next place after him that is or shall be pre-elected and they shall not come one over the others head any powerful means or importunity to the contrary notwithstanding The Orders and Constitutions of every Assembly shall be ingrossed in the Assembly Book by the Register and signed by the Governours present at that Assembly within forty days All which Orders and Constitutions the Master Register and other Members Officers Ministers and Servants of the House whom it may concern shall observe and obey as they will answer the contrary at their peril Other Assemblies shall be accidentary upon the occasion of the Death or Resignation of a Governour Officer of the Foundation or Incumbent upon any Spiritual Living being of the Patronage of the Hospital to elect or present another in his place wherein it is provided that the Spiritual Livings be conferred upon persons capable and such as do or have done actual Service to the House or have been Members thereof before any others A Committee of five at the least shall be chosen for the whole year at the Assembly in December whereof any three the Master being one may proceed in any business left to the Committees And they shall yearly between Easter and Midsummer assisted with some learned Men make a Visitation of the School and certifie the Table at the Assembly following of the state thereof and which Scholars between the Age of Sixteen and Eighteen are fit to be preferred to the Universities and there maintained by the Hospital which not Those Scholars sent to the Universities if they continue there and follow their Studies shall be allowed each of them Sixteen pounds yearly Pension at the four usual Feasts by even and equal portions for Eight years But in case they discontinue sooner their Pension shall cease Provided always they shall not exceed the number of Four and twenty such Pensioners at any one time Such as are to be bound Apprentices shall have Sixteen pounds a piece in gift towards their setting out whereof four Marks shall be to apparel the Apprentice and twenty Marks to his Master which money both for Maintenance at the Universities and putting out to Trades shall be disbursed by the surviving Executor of the Founder during his life and after by such as the Governours shall appoint in that behalf Provided that the Tradesman shall first enter into Thirty pounds Bond to the Governours for good usage of the Apprentice and teaching him his Trade Such Scholars as the Governours at an Assembly shall appoint to Universities or Trades with the allowance before specified their Parents or nearest Friends that are able shall be sent unto to provide them of Places accordingly before Michaelmas-day then next following and if they shall fail therein upon lawful warning given them then those Scholars shall be dismissed and made uncapable of any allowance in or from the Hospital Concerning such Scholars whose Parents or Friends are unable the House shall provide places for them Lastly the said Committees shall take in their Consideration all business of importance referred unto them by the Governours at an Assembly As also all such things as the Master of the Hospital shall communicate unto them for their advice and assistance to digest and prepare them that they may be presented in writing to the Solicitor and propounded at the next meeting of the Governours The Master ELection shall be made of a Master that is a learned discreet and meet man according to the express words of the Foundation unmarried and aged above Forty years He shall neither have nor accept of any place of Preferment or Benefit either in Church or Commonwealth whereby he may be drawn from his Residence Care and Charge of the Hospital and if he do in such case he shall leave that place or be displaced if he refuse to leave it He shall have the Oeconomical Government of the House and Houshold during the Governours pleasure and to put upon any Officer a Mulct not exceeding the value of a week or fortnights Commons which shall be continued unless the Governours at the next Assembly shall see cause and give order to the contrary And also to fine any poor Brother at four shillings four pence or eight shillings eight pence upon any misdemeanour in his discretion deserving the same any further punishment he shall not inflict but upon continuance of their transgression and incorrigibility he shall inform the Governours at the next Assembly by them to be more severely and condignly chastised by way of Mulct Expulsion or otherwise as to their Wisdoms shall seem best and most just for the Offenders Correction and terrour of others All other inferiour Servants of the Houshold shall be put in or out at the discretion of the Master but he shall have this power in subordination to the Governours and his actions shall be alterable by their Censure and Revocation upon just Cause of Complaint He shall not increase or decrease any Diets Stipends Fees or Wages in the House or School under or above the Rates set down in our Establishment hereafter ensuing as he will answer the contrary upon pain of paying the Surcharge himself and incurring the Gevernours displeasure in case any allowance be shortned Masters of the House since the Foundation 1. John Hutton Clerk 2. Mr. Andrew Pern 3. Peter Hooker Clerk 4. Francis Beaumont Esquire 5. Sir Robert Dallington 6. George Gerard Esquire 7. Edward Gresset Esquire 8. Sir Ralph Sidenham 9. Martyn Clifford Esquire The Preacher HE shall be qualified both for his Learning and good Conversation of Life to be capable and fit for the place aged about Thirty years a Master of Arts of Seven years standing at the least and one that hath been a preaching Minister the space of four years or more The first and chiefest care and charge that we impose upon the Master and Him is for the Service of God that they and all the Officers poor Brothers Scholars and Servants of the Houshold frequent the
are less capable of Learning and sittest to be put to Trades He and the Usher shall be diligent in the daily attendance on their Charge and shall not Journey into the Country without the Masters leave Nor shall they take into their Tuition above Sixty other Scholars unless they entertain another under Usher out of their own Means and to be dyeted and lodged out of the Hospital Nor shall they receive for teaching those of the Foundation any Fee or Wages from their Friends They shall be careful and discreet to observe the Nature and Ingeny of their Scholars and accordingly instruct and correct them In Correction they shall be moderate in Instruction diligent Correcting according to the quality of the Fault in matter of Manners and according to the capacity of the Fault in matter of Learning All other Duties of their place they shall faithfully perform namely to see that the Scholars be of modest and mannerly behaviour well and decently clothed orderly and seasonably dyeted cleanly and wholesomly lodged And that the Matron Butler Taylor and Groom perform their duties to these purposes otherwise their Tutors to be censured by Us the Governours and their Servants to be punished by the Master of the Hospital Schoolmasters 1. Mr. Nicholas Grey 2. Mr. Robert Grey his Brother 3. Mr. William Middleton 4. Mr. Robert Brooks 5. Mr. Samuel Wilson 6. Mr. John Bonchee 7. Mr. Norris Wood. 8. Mr. Thomas Watson Vshers 1. Mr. Bagley 2. Mr. Robert Grey 3. Mr. Middleton 4. Mr Brooks 5. Mr. Anthony Andrews 6. Mr. John Byrch 7. Mr. Samuel Wilson 8. Mr. John Martyn 9. Mr. Norris Wood. 10. Mr. John Stephens 11. Mr. Edmund Sly 12. Mr. Thomas Watson 13. Mr. Rowland Buckeridge 14. Mr. Thomas Walker Officers of the Revenues Steward of Courts NO Steward of Courts shall take any greater Fee than Five shillings for his Copy and entring it into the Roll unless it express uses made over by Will in which Case his Fee shall be Ten Shillings All Stewards of Courts shall bring or send into the Charter-house within three months after the Court holden the Roll thereof fairly written in Parchment with the Fine set down in the Margent and signed with his own hand They shall also deliver the Tenant his Copy within forty days after the Court holden if the Tenant demand it and pay for it according to the Rate aforesaid Stewards 1. Mr. John Mocket 2. Mr. Joseph Ward 3. Mr. Abell Allen. This Office is now turned into the Manciple's Auditor HE Shall quarterly examine the Receivers Book of Receipts of the Revenues and Disbursments for the Hospital to see if the one agree with the Rental and the other be disbursed by the Masters warrant and upon proof by Examination under his hand of every particular the Book shall be signed by the Master He shall weekly examine the Manciple's Book of Disbursments for Dyets and what else he lays out to see if the one agree with the Establishment and the other be done by warrant and upon due Examination to approve them under his hand before they be signed by the Master Upon Balancing all Accompts of Receipts and Disbursment at the years end he shall draw the Declaration by us formerly enjoyed in these our Orders that at the Assembly in Decemb. a perfect and yearly view may be taken of the state of the Hospital Auditors 1. Mr. John Wotton 2. Mr. Henry Wotton 3. Mr. Henry Playford 4. Mr. Spour Bailiffs NO Bailiff shall be chosen of any Mannor or Mannors unless he dwell there or within five miles distance at the farthest All Bailiffs shall put in Bond of Two hundred pounds apiece with two Sureties for paying in the monies by them levied either for free Rents or Profits of Courts and they shall not meddle with the Receipt of any Farm-rents upon pain of forfeiting their Bond. All Bailiffs shall bring in all free and customary Rents within forty days after the Quarter day also all Profits and Perquisits of Courts within the said time of forty days after the day assigned by the Steward for payment thereof Leases UPon a Lease hereafter to be granted no Tenant shall have respit for payment of his Rent above Forty days after the Quarter-day wherein he ought to pay it by his Lease All Lease Rents shall be paid by Tenants at the Charter-house so shall all free and customary Rents with Profits and Perquisits of Courts be there likewise paid by the Bailiffs All Lessees shall be tied by Covenant to dwell upon their Farms and not to put them over but to Wife and Children without Licence procured by Petition at the Table and signed by the Major part of the Governours there present and no Licence shall be granted them but for the remainder of years limited by the former Lease and at the same Rent and enjoyning the under Tenants to dwell thereupon In every Lease hereafter to be granted of any of the Hospital Lands or Tenements in any Mannor where a Court Baron is used to be kept there shall be comprised in every such Lease a Covenant on the Lessees part To do suit of Court there and to be obedient to the Orders therein to be made touching or by reason of the Lands and Tenements No Lease shall be made till within Three years before the expiration of the old Lease unless it be upon surrender of the old Lease Nor shall it be granted for Lives or longer time than One and twenty years No Fine shall be taken upon letting or renewing any Lease but such an Improvement of Rent as shall seem best to the Governours and for the good of the Hospital Surveys THere shall be two Surveys made of all such Lands belonging to the Hospital as are not already surveyed and the same shall be faithfully transcribed into a Book expressing the yearly Rent now paid and the yearly value by Survey which Book shall be brought to the Table at every Asssembly that upon the expiring or renewing of Leases the Governours may increase or abate the Rents as to their Wisdoms shall seem best for the good of the Hospital An Establishment for the Dyets Liveries Stipends Wages and other Charges and Expences of the Hospital of King JAMES founded in Charter-house in the County of Middlesex at the humble Petition and only costs and charges of Thomas Sutton Esquire to be strictly observed and not any way exceeded viz. For weekly Dyet  l. s. d. EIght at the Master's Table allowed for Bread Beer Dyet and Detriments iiii   Fourscore at the Brothers Table allowed for Bread Beer Dyet and Detriments vii xiii iiii Forty two at the Scholars Table allowed for Bread Beer Dyet and Detriments vi xviii iii. ob Ten at the Manciples Table allowed for Bread Beer Dyet and Detrements  xliiii ii Two of the Kitchin and one Porter  xiii  Five Attendants for the Masters Table for Bread and Beer  v. x. For weakly Beavors  l. s. d. Eight