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
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
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
Sir James Altham one of the Barons of the Exchequer One piece of Plate of the value of Twenty pounds Item I give to my late wives kinsman Guy Godolphin the sum of Ten pounds Item I give to the Right Honourable my very good Lord the Earl of Suffolk the sum of Four hundred pounds All the rest of my Goods Chattels and Debts not before given and disposed I give and bequeath to my intended Hospital to be imployed and bestowed on and about the same according to the discretion of the Feoffees of my said Hospital or the greater part of them In witness hereof I have hereunto set my Hand and Seal the Twenty eighth day of the Month of November above written Thomas Sutton Memorandum That the same Testator did acknowledge this his Will written and contained in these Three and twenty leaves to be his last Will and Testament and that his Hand and Seal set thereunto is his own Hand and Seal and that he had heard it read and was acquainted with the Contents of it the said Twenty Eighth of November above written In presence of us John Law Leonard Houghton Alexander Longworth Thomas Hall The Mark of Richard Pearce The Mark of Thomas Johnson Primo Decembris 1611. idem recognitum per Testatorem coram Jo. Crooke Quarto Decembris 1611. recognit to be the Testators last Will. Before me Henry Thoresby A Codicil to be annexed to the last Will and Testament of Thomas Sutton Esquire made and declared the Day whereon he died being the Twelfth of December One thousand six hundred and eleven ITem he gave and bequeathed to Mr. Judge Crooke one of the Judges of the King's Bench at Westminster the Sum of Ten pounds And to Mr. Henry Thoresby one of the Masters of the Court of Chancery the like Sum of Ten pounds And to Mrs. Sutton of London Widow the Sum of Three pounds six shillings eight pence to make her a Ring Also he gave to Mr. Hutton Clerk and Vicar of Littlebury the Advowson or next Presentation to the Parsonage of Dunsby in the County of Lincoln Also he did then publish and declare before Mr. Flud Parson of Stoke-Newington in the County of Middlesex Robert Petit Alexander Longworth John Parsons and Thomas Johnson his Cook that he had made his Will and thereof had made and ordained Richard Sutton of London Esquire and John Law his Executors I thought good to make a Conclusion of all with some proper Devotions relating to those particular Occasions which concern the Fourscore pious and aged Gentlemen c. Not that I intend by any means to detract from the excellency and usefulness of the Prayers of the Church for these are only designed for private Offices at home and possibly by Gods assistance may be instrumental to the Improvement of their Thankfulness to God and their Preparation for their latter end Here likewise I thought it might be convenient to place several Orders which hang up in the lesser Hall of the Pensioners by which they are to square and regulate their Manners so that they might have in a narrow compass contained the several Instances of their publick and private Duty Lord now lettest thou thy Servant depart in peace according to thy word For mine eyes have seen thy Salvation which thou hast prepared before the face of all People To be a Light to lighten the Gentiles and to be the glory of thy people Israel Eccles 12. The years draw nigh when thou shalt say I have no pleasure in them while the Sun or the Light or the Moon or the Stars be not darkned nor the Clouds return after the rain In the day when the a The ribs keepers of the house shall tremble and the b The Legs strong men shall bow themselves and the c Teeth grinders cease because they are few and those that look out of the d Eyes windows be darkned Or ever the e Circulation of the Blood silver cord be loosed or the f Liver golden bowl be broken or the pitcher be broken at the fountain or the wheel at the cistern then shall the dust return to the earth as it was and the Spirit shall return to God who gave it Job 5.26 Thou shalt come to thy grave in a full age like as a shock of corn cometh in his season ORDERS made by the Governours of the Hospital of King JAMES founded in Charter-house by Thomas Sutton Esquire at several times since the beginning of the said Hospital and yet continuing in force and to be observed or known by the poor Men Pensioners and Brothers of the said Hospital for the time being as follow NO poor Man shall be admitted into the Hospital unless he shall appear to be clean and sound of body from any foul and infectious Disease Per Ordinem fact 10 Decemb. 1613 And to prevent that none be admitted that is infected with any infectious Disease It is Ordered that the Chirurgion of the Hospital for the time being shall view and search the Body of such a person if there be any cause of suspicion before he be admitted Per Ordinem 24 Februarii 1622. No poor Man that shall be a Member of the Hospital shall wear any long Hair or any Weapons within the said House or have any Weapons within their several Lodgings Per Ordinem 10 Decemb. 1613. Every poor Man of this Hospital that shall happen to fall so sick that he cannot come into the Hall to take his repast then he shall have his part in Diet in his Chamber or his weekly allowance in mony for it as the Master and the Steward in their discretions shall hold meet Per Ordinem 22 Decemb. 1615. The Master of the Hospital for the time being and every Officer poor Man and every Member of the same shall take their Diet in the Dining Halls appointed for that purpose and not in their Chambers unless it be in time of Sickness or upon some urgent occasion such as the Master shall allow of Provided that they do not then exceed the proportion of Diet that is set down and established Per Ordinem 21 Januarii 1618. No Officer Pensioner or Member of this Hospital shall send or carry away any Bread Beer or Meat from their Tables when they shall be at Dinner and Supper in the said Dining-Halls but if any Bread Beer or Meat shall happen to be left it shall be bestow'd on such poor men and women that shall from time to time be appointed and allowed to do service in the said Hospital or otherwise as the Master in his discretion shall hold fitting but not any of it to be sold for mony Per Ordinem 21 Januarii 1618. One of the poor Men of the Hospital in their several turns and the Master Cook of the said Hospital shall go weekly to the Market with the Steward or his Man to buy the Provision of Fish and Flesh for the Diet of the Hospital that choice may be made by