they say to write soon after the matter of fact is to tread too close upon the heels of time c. I am glad I speak to the face of Time for many Persons are now alive who knew the Founder he having been dead not above 66 years so that if it be my misfortune to transcribe any Errours I hope they may be discerned and I will engage they shall thankfully be amended Some small pleasure and satisfaction may possibly be found in things of this nature for I have heard say that he whose understanding is not elder than himself looseth the noblest Inheritance of his Ancestors and stick 's in the worst kind of minority Some wise men therefore have thought Works of this nature very necessary for the improvement of Virtue and Goodness for Example is observed to have more force and virtue among men than the Legislative Power the Fundamental Laws of States and Kingdoms what penal Laws Courts of Judicature the Rods and the Hatchet are designed to effect by Legal Force and Compulsion that Example will perform with the unresisted eloquence of its own nature without the formidable Retinue of Guards and Tumult According to the Kings of Israel so varied the Worship of God for Examples are the Springs from whence human actions derive their motion The power of the Laws may pursue and seize upon the body but Example surprises and attacks the soul it invades and charms the mind with the secret Magick of love and imitation It represents vertue to the world not in faint and languishing colours but moving full of life and vigour It propounds Reason not as imperious and tyrannical in its precepts but eloquent and attractive in its Operations Thus the great difficulty of Obedience is master'd and made easie by our desire of imitation I thought therefore it would not be amiss when I undertook this innocent diversion at spare hours to propound our great Founder to the World as a mighty Example of Charity and Benevolence For it is no small Honour to our Country that we can give such a famous Instance of the warmth richness of its Soyl when without any auxiliary Charity by the scattering of a single Hand it has brought forth so much piety such unparallel'd Benevolence Yet these great men meet with some strokes of misfortune from the ruder Ages wherein they live for as the highest Mountains are most subject to the storms of Thunder and the batteries of Hail so these who are placed on high are the usual marks at which the Instruments of Envy and Malice are levelâ—d Some men love to look on the knotty side of the Arras and take little notice of the comely figure that is wrought upon the right side of the Hangings The same indignities and affronts were offered to our generous Founder or at least it was so suspected which are fully wiped off in the body of his life But what will not the licentious Stage traduce when Socrates himself was the unexpected subject of Aristophanes's Buffoonry I wish we could find many Suttons so long liv'd to their Country by their Fame and Munificence and so long liv'd to themselves by their temperance and sobriety If he seem'd to the world something too sparing this may suffice at present Si non errâsset fecerat ille minùs The Instances I bring of the Carthusian Order are faithfully taken from Petrus Sutor one of their own Fraternity If any Person be more curious Lib. de vita Carth. be may read Johannes Morocurtius's Poem upon the Life of Bruno in four Books printed at Antw. 1540. 4 o. and now to be found in the Oxford Library The helps I found in the composure of Sutton's life were many of them scatter'd here and there laid hold on rather by chance than direction For the World has not been so kind to this Great man as to represent him to the open view with those graceful lines and fair advantages his Actions really have deserved Sir Richard Baker Dr Heylin and Mr. Fuller say little of him and that little very full of mistakes for they call him Richard Sutton and affirm he lived a Batchelor and so by his single life had an opportunity to lay up a heap of mony whereas his dear wife is with much honour and respect mentioned in his Will Others give him bad words say he was born of obscure and mean Parents and married as inconsiderable a wife and dy'd without an Heir but then to give some reason for his Wealth having no time nor desire to enquire into the means of his growing rich to cut short the business they resolve all into a Romantick Adventure they say it was all got at a lump by an accidental shipwrack which the kind waves drove to shore and laid at his feet whilst the fortunate Sutton was walking pensively upon the barren Sands They report in the Hulk Coals were found and under them an inestimable Treasure a great heap of Fayery wealth This I fancy may go for the Fable and his farming the Coal-mines as may be seen hereafter for the Moral The Errors of the former and dreams of the latter will be sufficiently discovered by the following History of his Life some Remarks whereof I had from creditable and worthy men bred in this Foundation long ago Others by a Commemoration Sermon of Mr. Burrel's preached in a fit time to declare the truth for several of the first list of Governours were then living and one of the Founders Executors viz. Sir Richard Sutton This I have by me in print I had likewise assistance from the Records of the House and lastly from an Anonymous and Imperfect MS. left not long since in the Booksellers hands which did me very good service I shall now only offer a word or two in the behalf of good Works and then proceed to the Historical part Nothing is more pleasing to him who is the Giver of good Gifts unto men than to see his own Blessings rightly placed and bestowed upon Objects of pitty and compassion Moreover by this we shew our thankfulness to God for the truest Notion of Gratitude is never to give an occasion that our Benefactour should repent that he bestow'd his Bounty upon us By Charity also we do good to men we oblige and endear our Neighbour we imitate the good Angels nay our Saviour himself who went about all Judea doing good though his Estate and Kingdom was not in this World yet among his few Disciples he chose one an Almoner to scatter his Benevolence and to distribute his small Treasure Love and Charity are as necessary to the well-being of States and Communities in the Body Politick as union of parts is in the material and Philosophical World Furthermore by acts of mercy and pitty we are kind to our own selves for no good man can without grief behold the gaping wounds of a poor Lazarus this makes his bowels yearn and his own Soul bear a part in sorrow so that by
Governours appointed by Name 5. The Master to be one 6. The Governours to have a Common Seal 7. Not to transfer the Lands to any other use nor to let longer Leases than for 21 years 8. If any Governour dies or is removed the residue surviving are to remain Incorporate and the Major part have power to elect nominate choose and appoint a Successor 9. Election of a new Governour to be made within two months after a Vacancy 10. The Governours have full power to assign and appoint such number of poor Men and Officers as they shall think fit 11. The number of Old Gentlemen and Children to increase and they maintained according to the increase of the Revenues 12. Mr. Sutton during his life with the Governours to execute 13. The King to nominate a Governour after default made by the Governours for two months 14. Governours impower'd to make Statutes under the Common Seal 15. They may visit punish or displace the Master Preacher or other Officers of the Hospital 16. The Hospital Master Preacher and other Officers exempted and freed from all visitations punishment and correction to be had used or exercised in or upon them or any of them by the Ordinary of the Diocess for the time being or by any other person whatsoever but the Founder and Governours This last Instance is quoted by the Learned Selden Lib. 1. de Synedriis cap. 13. p. 541. treating of the power of Excommunication where he seems to favour Erastianism Exemplum est illustre in Fundationis Ptochodochii Suttoniani juxta Londinum Instrumento c. Ecclesiastical Preferments in the Governours Disposal 1. At the Charterhouse 2. Balsham 3. Castle-Camps 4. Horsehead 5. Hallingbury 6. Dunsby 7. South-Minster 8. Cold-Norton 9. Little Wigborow The Present Incumbents Mr. Patrick Dr. Templer Mr. Hall Mr. Eade Mr. Sherwell Mr. Johnson Mr. Ford Mr. Turbridge By these Letters Patent the Governours are charged to give and bestow the Spiritual Promotions upon those Scholars who have been bred in the House and are qualifi'd for them before any other persons whatsoever In pursuance of the Letters Patents Mr. Hutton Clerk Vicar of Littlebury was appointed by Mr. Sutton to be the first Master after himself and then ordered a Conveyance of the Estate to the Governors both which Instruments are at large in my Lord Coke's Rep. lib. 10. Thus far our Noble Founder proceeded in his life time but it pleased God to take him to himself three years before all things were compleated therefore they are mistaken who report he was an actual Master in this his Foundation But scarce was the Founder cold in his Grave before troubles and disturbances arise and many private persons intend to share the Revenues For one Simon Baxter Mr. Sutton's only Sisters Son encouraged by some hungry and corrupt persons who were to partake with him in the Spoil attempted as next Heir to take Possession of the Charter-house and the whole Estate annexed to it But failing in his attempt by the vigilancy and care of one Richard Bird first Porter of the Charter house and appointed by the Founder himself he enters an Action of Trespass against the Executors of Mr. Sutton and the Governours The last day of Trinity Term 10. Jacobi in the King's Bench for a violent Entry made by the said Executours and Governours May 30. the same year The Case had in it divers points of Law started to overthrow the Settlement which are here summed up 1. Objection By the Parliament 7. Jac. the Hospital was founded at Hallingbury in Essex the Incorporation after by the King's Letters Patents is void and the Charter-house is not given by the said Statute because Sutton purchased it afterwards 2. Sutton who had Licence to Found an Hospital before the Foundation died 3. The King cannot name the House and Land of Sutton to be an Hospital because in alieno solo 4. Every Corporation ought to have a place certain but here the Licence is to found an Hospital in or at the Charter-house before that Sutton made it certain there was no Incorporation Also the place of Incorporation ought to be certain by means and bounds and a place not known will not serve 5. The King intended to make a Corporation presently which cannot be before that Sutton name a Master Governours cannot be until there be poor in the Hospital 6. The Foundation cannot be with the words Fundo Erigo c. and before such a Foundation a stranger cannot give Lands unto it 7. Sutton calls it in his Will His intended Hospital 8. The Master was named at Will when he ought to be for Life and have Freehold in the Land Also the Hospital must be founded before a Master be named 9. The Bargain and Sale made by Sutton is void 1. Because the mony paid by the Governours in their private capacities shall not be considered as in their publique capacities 2. The Habendum is to them upon trust which cannot be in a Corporation 3. Because no Hospital before was founded as this 10. The King cannot make Governours of a thing not in being To which was Answered 1. The Preamble of the Act whereby and in many places of the Act it appears that the Incorporation was to be in futuro when it shall be erected and the Statute doth not give Lands unto it but power to give without Licence of Alienation or Mortmain And it appeareth by the Letters Patents that the Erection precedes the Licence 2. The Licence is to him his Heirs Executors at any time hereafter and the words of the Incorporation are in the present and so the Incorporation precedes the Execution of this Licence 3. Though the King gave the Name yet it was upon Sutton's previous consent for the King did it at his suit 4. The King makes an Hospital of the Premisses for that it is certain and to that which was said a place uncertain cannot be an Hospital it was answer'd The Charter-house was named To the Essence of a Corporation these things are requisite 1. Lawful Authority to Incorporate by Common Law as the King himself by lawful Authority of Parliament by the King's Charter and lawful Prescription 2. The Persons either Natural or Political 3. A Name 4. A Place 5. Words sufficient but not restrained to a strict sense 5. A Corporation may be without a Head as if the King Incorporate a Town and give power for the choice of a Mayor they are a Corporation before Election 6. It is a sufficient Corporation though the Hospital be but in potentiâ for the Temple was a Corporation in the time of Henry the First and yet was not built till Henry the Second's time But here the House was built before 7. The first Founder in Law is Donour when the King gives the Name and designeth the Place the Donation most properly belongs to the Founder But if the King leaveth out the nomination of the Party there many times though not of necessity he useth the words
all the said Houses Edifices Buildings Orchards Gardens Lands Tenements and Hereditaments within the Scite Circuit and Precinct of the same was is and shall be for ever hereafter an Hospital in deed and in name and is and shall be called by the name of the Hospital of King James The name of the Hospital founded in Charter-house within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire and that such of the said Governours named or mentioned in the said Letters Patents as are yet living The Governours incorporated by what Name together with such others now living as have sithence been named or elected or mentioned to be elected into the room or place of such of them as are since dead or are removed or have relinquished their places and are now esteemed Governours now are and they and their Successors for ever hereafter shall be and continue And shall be adjudged deemed and taken to be a Body Corporate and Politique by the name of the Governours of the Lands Possessions Revenues and Goods of the Hospital of King James founded in Charter house within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire and by that name shall have The Governours capacity and may have and enjoy all and singular such and the like capacity power and ability to all intents constructions and purposes as any other Corporation lawfully Incorporated may or ought to have And be it further Enacted by the Authority aforesaid That the said Governours Power given to the Governours to make laws and orders under their Common Seal and their Successors for the time being or the most part of them from time to time and at all times hereafter as to their or the most part of them shall seem fit and convenient shall and may have full power and authority by writing under their Common Seal to make ordain set down and prescribe as occasion shall require such Rules Statutes and Ordinances as they shall from time to time and at all times think fit as well for and concerning the naming and electing of such person and persons as shall succeed into the place and room of any the said Governours when and as often as any of them shall dye or be removed from such place or places of Governour or Governours or voluntarily shall relinquish their places As also for and concerning the Election Order Rule and Government of the Master Preacher Schoolmaster Vsher poor Men poor Children and all other Members Officers or Servants of the said Hospital in their several places offices and rooms and for their and every of their Stipends and Allowances And that the same Rules Orders Statutes and Ordinances so from time to time to be made set down and prescribed as aforesaid shall be and stand in full force and strength in Law and be executed in all things according to the true intent and meaning thereof under the several pains forfeitures and penalties as shall be expressed and contained in the same Ordinances Statutes and Rules respectively Provided always that the said Rules Ordinances and Statutes or any of them be not repugnant or contrary to the Laws or Statutes of this Realm of England nor against the purport or true intent of the recited Letters Patents The Governours henceforth to take the Oaths of Supremacy Allegiance And be it enacted and established by the Authority aforesaid That every person that shall from henceforth be Elected a Governour of the said Hospital shall before he exercise the place of a Governour take the several Oaths of Supremacy and Allegiance which any two others of the said Governours for the time being The Master to take the same Oathes henceforth shall have power and authority by this Act to administer unto them And that the Master from henceforth to be elected shall before he exercise or take any benefit of the said place take the said several Oaths of Supremacy and Allegiance The Masters other oath And shall also take an Oath that neither he nor any other for him with his privity allowance or consent hath given or shall give directly or indirectly any mony or other gratuity or reward for or in respect of the having or enjoying of the said place All which said Oaths to be taken by such Master any two of the said Governours for the time being shall have power and authority by this Act to administer And that the Preacher Minister Schoolmaster Vsher The oaths of the Preacher Schoolmaster Usher Officers and poor men Officers and poor men and every of them from henceforth to be elected and admitted shall before he exercise or take benefit of any such place take the said several Oaths of Supremacy and Allegiance And shall also take an Oath that neither he nor any other for him with his privity allowance or consent hath given or shall give directly or indirectly any mony or other gratuity or reward for or in respect of the having or enjoying of the said place All which said Oaths by the said Preacher Minister Schoolmaster Vsher Officers and poor Men to be taken any one of the said Governours and the said Master for the time being shall have power and authority by vertue of this Act to administer The Governours to hold for ever the Hospital against the King and others And be it further enacted and established by the Authority aforesaid That the said Governours and their Successors shall and may for ever hereafter have hold and enjoy according to the purport true intent and meaning of the said Indenture of Bargain and Sale the said Hospital House and all Buildings Gardens Courts Orchards and Backsides thereto belonging and all and singular the Mannors Messuages Lands Tenements Liberties Franchises and Hereditaments by the aforesaid Letters Patents by the said Indenture of Bargain and Sale given granted conveyed and assured or meant mentioned or intended in or by the said Letters Patents or Indenture to be given granted conveyed or assured to the said Governours against our Soveraign Lord the King's Majesty his Heirs and Successors and against all other Person and Persons of whom the said Hospital House Mannors Lands Tenements and Hereditaments or any of them were holden at the time of the said Indenture made and against their Heirs and Issues notwithstanding any Title accrewing for or by any Alienation in Mortmain And also against all and every other person and persons of whom the said Thomas Sutton did purchase the said Hospital House Mannors Lands Tenements and Hereditaments or any of them respectively and against their Heirs Issues and Assigns And also against all and every other person and persons claiming or that shall claim any Estate Right Title or Interest of in out or unto the said Hospital Mannors Lands Tenements and Hereditaments or any of them by from or under any person or persons of whom the said Thomas Sutton