HOSPITALS. 2 HENRY 5.-Our lord the king, at his parliament holden at Leicester the last day of April, the second year of his reign, by the advice and assent of the lords spiritual and temporal, and at the special instance and request of the commons of his realm in the same parliament assembled, hath ordained and established divers ordinances, declarations, and statutes, made in the form as followeth : of the erec 2 HENRY 5, CAP. 1.-Ordinaries shall inquire of, and reform the estates of hospitals.-First, forasmuch as many hospitals within the The causes realm of England, founded as well by the noble kings of this realm, tion of hosand lords and ladies both spiritual and temporal, as by divers other pitals. estates, to the honor of God and of his glorious mother, in aid and merit of the souls of the said founders, to the which hospitals the same founders have given a great part of their moveable goods for the buildings of the same, and a great part of their lands and tenements, therewith to sustain impotent men and women, lazers, men out of their wits, and poor women with child, and to nourish, relieve, and refresh other poor people in the same, be now for the most part decayed, and the goods and profits of the same, by divers persons, as well spiritual as temporal, withdrawn and spent in other use, whereby many men and women have died in great misery for default of aid, living, and succour, to the displeasure of God, and peril of the souls of such manner of spenders: the king our sovereign lord, considering the meritorious and devout intents of the founders aforesaid, and the unaccustomed government in the same, hath by the advice and assent aforesaid, ordained and established, that as to the hospitals which be of the patronage and foundation of the king, the ordinaries, by virtue of the king's commissions to them directed, shall inquire of the manner and foundation of the said hospitals, and of the governance and estate of the same, and of all other matters necessary and requisite in this behalf, and the inquisitions thereof taken, shall certify in the king's chancery. And as to other hospitals which be of another foundation and patronage than of the king, the ordinaries shall inquire of the manner of the foundation, estate, and governance of the same, and of all other matters and things necessary in this behalf, and upon that make thereof correction and reformation according to the laws of holy church, as to them belongeth. 2 HENRY 6, CAP. 2.-A remedy for the master, &c., of the hospital of Saint Leonard in York, to recover a thrave of corn due to them, &c. -Item, whereas the hospital of Saint Leonard of York, which is of The hospital the foundation of the progenitors of our said lord the king, late in York was kings of England, and of his patronage, in the first foundation of endowed of a the same, was endowed, by the said progenitors of the king, of a corn of every thrave of corn to be taken yearly of every plough earing within the plough earcounties of York, Cumberland, Westmorland, and Lancaster, within the counties the county of York, of which thraves the master and brethren of Cumberland, the said hospital, and their predecessors have been seized, the time Westmor whereof runneth no memory, as parcel of the first foundation of the Lancaster. of St.Leonard thrave of ing with in of York, land, and which the masters of St. Leonard's hospital shall have to recover their duties. said hospital, and the same they have levied and gathered at the feast of Saint Martin in winter every year, till now late that divers people of the said counties, within the province aforesaid, have withholden the same thraves, whereof the said master and brethren have no sufficient nor covenable remedy at the common law, to the great damage of the said hospital, and open subtraction of the sustenance of the said master and brethren, if remedy be not for them The remedy provided, as complaint was thereof made in the said parliament: the king considering the premises, of the assent and request aforesaid, hath ordained and established, that the said master and brethren, and their successors for the time being, may levy, gather, and take the said thraves within the province aforesaid, in the places where they ought of right, and were wont, after the custom and usage had in the same places heretofore. And also that the same masters and successors for the time being shall from time to time have actions by writs or plaints of debt or detinue at their pleasure, against all them and every of them that detain the same thraves so of right due to the said hospital, or any part of them, to recover the said thraves against them, and every of them, with their damages in this behalf. II. Provided always, that the parties with whom the said master and brethren, or their predecessors, be accorded for such thraves by compositions made and sealed betwixt them, shall of no more be with the mas- charged than is comprised within the same compositions, for the possessions that the said parties had at the time of the making of the aforesaid compositions. A remedy for the propri etors which have com pounded ter and brethren. Another proviso to the Where no visitor of a 22 HENRY 8, CAP. 12, SEC. 20.-An act concerning how aged, poor, and impotent persons, &c., shall be ordered, &c. XX. Provided also, that it be lawful to all masters and governors of hospitals, to lodge and harbour any person or persons of charity or alms, according to the foundation of such hospitals, and to give money in alms in as large manner and form, as they are bound or ought to do; any thing in this statute to the contrary hereof notwithstanding. 13 ELIZABETH, CAP. 10, SEC. 3.—Fraudulent deeds made by spiritual persons to defeat their successors of remedy for dilapidation shall be void, &c.-See Title-" DILAPIDATIONS," vol. ii. p. 495. 14 ELIZABETH, CAP. 5, SECS. 8 & 30.—An act ........ the relief of the poor and impotent. ......for VIII. Provided also, that it shall be still lawful to all masters and same effect. governors of the hospitals, to lodge and harbour any impotent or aged person or persons of charity or alms, according to their foundation, and to give money in alms, in as large manner as they are bound to do by their foundation, to any such aged or impotent person, any thing herein contained to the contrary in anywise notwithstanding. XXX. And be it further enacted by the authority aforesaid, that the bishop of every diocese, or his chancellor for the time being, appointed, shall yearly visit all hospitals in the diocese of such bishop, where der dead, the no visitor by the founder or founders is appointed, if the founder of bishop shall the said hospital be then dead, and to see and take order, that the but the foun said hospitals be ordered and used according to the statutes and der being ordinances of the foundation thereof; and if the founder be then visit himself. living, the said founder to visit the same during his life without any hospital is and the foun visit, yearly; alive, shall plaint, the examine the and in case order accor the bishop's visitation, and the same visitation, to be at the only costs and charges of the visitors, and not of the hospital: and that Upon comit shall be lawful to the bishop of the diocese for the time being, bishop may where such hospital is or shall be, or his chancellor, upon complaint accounts of or other intelligence of just cause, to take account how the rents, hospitals, revenues, and profits of any such hospital hath been bestowed and of irregu spent, to call before him or them at the said hospital to account, all larity, shall such person and persons as have had the collection or receipt of any ding to justhe said rents, issues, revenues or profits. And if any person or tice. persons so called, shall and do refuse to account, or entering into account shall refuse to proceed and finish the same, or upon the finishing thereof, shall refuse forthwith to employ or answer to the use of the said hospital such sum or sums of money, as upon the same account shall appear to be due by him, that then every such person and persons so refusing, shall forfeit and lose such sum and sums of money, as to the said bishop or chancellor, and to two justices of the peace next inhabiting to the said hospital, shall be thought meet and convenient, to which account the said bishop or chancellor shall call the same two justices of peace. 14 ELIZABETH, CAP. 14.-An act for the assurance of gifts, grants, e. made and to be made to and for the relief of the poor in the hospitals, &c.-Where our late sovereign lord of famous memory king Edward the sixth, by his letters patents dated the twenty-sixth day of June in the seventh year of his most gracious reign, did found, erect, and establish three hospitals in and near to the city of London, called the hospitals of king Edward the sixth, of Christ, Bridewell, and Saint Thomas the Apostle; and by his said letters patents gave and granted power and liberty for purchasing of lands, tenements and hereditaments for the relief and sustentation of the poor in the said hospitals, as by the said letters patents more plainly appeareth. And whereas also our late sovereign king Henry the eighth, by his letters patents dated the thirteenth of January in the thirty-eighth year of his reign, did found an hospital in West Smithfield, called Little Saint Bartholomew's, near London. And whereas divers welldisposed and charitable persons have given lands, tenements and hereditaments, to the relief and sustentation of the poor, not only in the said hospitals, but also in other hospitals. And as it is hoped many more hereafter will likewise charitably give, and where many of such gifts and assurances have been and are likely to be made by the last wills of the givers thereof, at which time for want of counsel or other opportunities, it may happen that the right name of the said corporation hath not or shall not be truly named or expressed, whereby may grow some question of the validity of such grants, gifts or devises: be it therefore enacted by the queen's most excellent majesty, the lords spiritual and temporal, and the commons, in present parliament assembled, and by the authority of the same, that all gifts, grants, legacies, devises and assurances made or to be made of any lands, tenements and hereditaments, by will, feoffments, or otherwise, to the use or for the relief of the poor in any hospital now remaining and being in esse, and employed to the relief or maintenance of the poor in the said hospitals, or any of them, shall be as good and available in law, according to the true meaning of this 5. 3. any such donor, grantor, testator, devisor or assurer, as if the said corporation had been or were in the writings or deeds of such gifts, grants, devise or assurance, or in such last will or testament, rightly or truly named; any such misnaming, misreciting, or not true naming or reciting of the said corporation to the contrary notwithstanding: saving to all and every person and persons, bodies politic and corporate, their heirs and successors, other than such donor, grantor, testator, devisor and assurer, their heirs and successors, all such right, title and interest, as they or any of them have or shall have in or to any lands, tenements or hereditaments so given, granted, devised or assured, as if this act had never been had nor made. And where in the last parliament holden at Westminster it was provided 13 Eliz. c. 10, and enacted among other things, that from henceforth all leases, gifts, grants, feoffments, conveyances or estates, to be had, made or suffered by any master and fellows of any college, dean and chapter of any cathedral church, master or guardian of any hospital, parson, Burn, vol. 2 vicar, or any other having any spiritual living of any house, lands, tenements or hereditaments, parcel of the possession of any such college, cathedral church, hospital, parsonage, vicarage or other spiritual promotion, or pertaining to the same, or any of them, to any person or persons, bodies politic or corporate, other than for term of one and twenty years, or three lives, in manner and form as is mentioned in the said act, should be utterly void and of none effect. Be it enacted and declared by the authority of this present parliament, that these words (Master or Guardian) of any hospital mentioned in the said former act, were intended and meant of all hospitals, maisons de dieu, beadhouses, and other houses ordained for the sustentation or relief of the poor, and so shall be expounded, declared and taken for ever. -201. 3) Eliz. c. 7, 8. 27. may erect an house of cor purchase and exceeding the yearly &c. 31 ELIZABETH, Cap. 6, Secs. 2 & 3.-An act against abuses in election of scholars, and presentation to benefices.—See Title—“ UNI VERSITIES." 39 ELIZABETH, CAP. 5.—An act for erecting of hospitals, or abiding and working houses for the poor.-Whereas at the last session of Any person parliament, provision was made as well for maimed soldiers by colhospital or lection in every parish as for other poor, that it should be lawful for rection, every person, during twenty years next after the said parliament, by which may feoffment, will in writing, or other assurance, to give and bequeath enjoy goods in fee simple, as well to the use of the poor as for the provision, or lands not sustentation, or maintenance of any house of correction, or abiding houses, or of any stocks or stores, all or any part of his lands, tenevalue of £200 ments or hereditaments: her most excellent majesty understanding and finding that the said good law has not taken such effect as was intended, by reason that no person can erect or incorporate any hospital, houses of correction, or abiding places but her majesty, or by her highness' special licence, by letters patents under the great seal of England in that behalf to be obtained: her majesty graciously affecting the good success of so good and charitable works, and that without often suit unto her majesty, and with as great ease and little charge as may be, is of her princely care and blessed disposition to and for the relief and comfort of maimed soldiers, mariners, and other poor and impotent people, pleased and contented that it be enacted 2 Inst. 720. Vin. v. 16414. may erect an house of correction. tion of the The hospital or house of correction shall be named by the shall be a rate. by authority of this present parliament; and be it enacted by the Any person authority of this present parliament, that all and every person and hospital or persons seized of an estate in fee simple, their heirs, executors or assigns, at his or their wills and pleasures, shall have full power, strength, licence and lawful authority, at any time during the space of twenty years next ensuing, by deed enrolled in the high court of chancery, to erect, found and establish one or more hospitals, maisons de dieu, abiding places or houses of correction, at his or their will and pleasure, as well for the finding, sustentation and relief of the maimed, poor, needy or impotent people, as to set the poor to work, to have continuance for ever, and from time to time to place therein such head and members, and such number of poor, as to him, his heirs and assigns shall seem convenient: and that the same Incorporahospitals or houses so founded, shall be incorporated, and have per- omal by petual successions for ever, in fact, deed and name, and of such head, the founder, members, and numbers of poor, needy, maimed or impotent people as shall be appointed, assigned, limited or named by the founder or founders, his or their heirs, executors or assigns, by any such deed enrolled and that such hospital, maison de dieu, abiding place or house of correction, and the persons therein placed, shall be incorporated, named and called by such name as the said founder or founders, his heirs, executors or assigns, shall so limit assign and founder. appoint: and the same hospital, maison de dieu, abiding place or The hospital house of correction so incorporated and named, shall be a body cor- body politic porate and politic, and shall by that name of incorporation have full and corpopower, authority and lawful capacity and ability to purchase, take, The hospital hold, receive, enjoy and have, to them and to their successors for maypurchase ever, as well goods and chattels, as manors, lands, tenements and fands. hereditaments, being freehold, of any person or persons whatsoever: so that the same exceed not the yearly value of two hundred pounds above all charges and reprises, to any one such abiding house, hospital, maison de dieu or house of correction, and so as the same or any part thereof, be not holden of our sovereign lady the queen, her heirs or successors, immediately in chief, or else of our said sovereign lady the queen, or any other person by knight's service; without licence or writ of ad quod damnum; the statute of mortmain, or any 7 Ed. 1. st. 2. The hospital other statute or law to the contrary notwithstanding: and that the may sue and same hospital, maison de dieu, abiding place or house of correction, be sued. and the person so being incorporated, founded and named, shall have full power, and lawful authority by the true name of the incorporation thereof, to sue and to be sued, implead and to be impleaded, to answer and to be answered unto, in all manner of courts and places that now are or hereafter shall be within this realm, as well temporal as spiritual, in all manner of suits whatsoever, and of what nature and kind soever such suits or actions be or shall be and that the same hospital, maison de dieu, abiding house or house of correction, shall have and enjoy for ever such a common seal. common seal or seals, as by the said founder or founders, his or their heirs, executors or assigns, shall be in writing under his or their hand and scal assigned, named or appointed, whereby the same corporation shall or may seal any manner of instrument touching incorporation, and the lands, tenements, hereditaments, the same goods or The hospital shall have a |