In Mr. Kings MS. Volume there is a larger account of this ancient hospital than has been given by Mackerell and Parkin. We have there the ancient instrument of articles, or the fundamental rules of the fraternity, in Latin, under XVIII heads: annexed to which is the following account—
“This Instrument of Articles was made in the year that Petrus Capellanus died [A.D. 1174.] and himself consented, with the two archbishops, for ordaining the same.”—Then follows what has been given by Mackerell, that “this ancient hospital continued in a prosperous state from its first foundation about 400 years. But after the statute of 1st Edward VI. was made, for dissolving all colleges, chauntries fraternities, &c. this, with the lands &c. came to, and were invested in the crown, by the said statute. The fraternity, however, was not then broke up or dispersed, and might, perhaps, have been still continued, but for the breaking out of what is called Kett’s rebellion. A party of the rebels were encamped at Rising: and they attacked Lynn, in hopes of surprising it, but being repulsed and disappointed, they, on their return, fell upon this hospital, which they violently entered, and not only robbed the poor people there, and expelled them out of the house, but took away all their common stock, and rased their chapel and most part of the buildings there down to the ground: by means of which barbarous usage, the said hospital was so impoverished, wasted, and spoiled, that from thence forward it was quite destitute of brethren and sisters, and utterly relinquished, saving that the mayor and burgesses of Lynn maintained some poor people there, and endeavoured to uphold the said ancient hospital, out of their charitable disposition, for the purposes aforesaid.” [532]
“Nevertheless (says the author of the MS. account) some covetous persons, taking advantage of the depressed state of the said hospital, procured divers letters patents of concealment, from the crown; some of the site of the same, and some of other parcels of the lands and possessions belonging to the said hospital, intending to convert them to their own private lucre. But the said mayor and burgesses, (still having a great care that the said lands and possessions should be preserved for charitable uses) did purchase of some of the concealers the site of the said hospital, and a great part of the lands thereunto belonging, and at their great costs and charges supported and defended the same against all other concealers and their agents, purposing always to erect anew the said hospital, and employ the revenues thereof for the sustentation of poor people.
“But finding both by the advice of the king’s councill [counsel] and their own, that all the said patents of concealment were defective and utterly void in law, through many imperfections therein, and that (notwithstanding the said patents) the scite of the said hospital and the lands and possessions thereof still remained in the crown—therefore they made humble suit to the king’s majesty [James I.] for a grant thereof, and, of his Highness’ gracious favour and pious inclination to works of charity, they obtained Letters Patents of grant unto the mayor and aldermen, as well of the scite of the said hospital, as also of the lands, &c. thereunto belonging, who by the same are created governors thereof, and made a body corporate for the defence and maintenance of the said hospital new founded by his majestie.”
[An abridgement of those Letters Patents, transcribed from the Latin copy, is here subjoined, and is as follows.
“JAMES by the grace of God king of England, &c. to all to whom these Letters shall come, greeting, &c.—Whereas a certain ancient Hospital or Almshouse was founded and erected in Gaywood, called the House or Hospital of St. Mary Magdalen—And whereas divers lands, tenements, and hereditaments, were given and granted for the maintenance and relief of divers poor and needy men and women therein for ever—And we being informed, that certain evil minded men, covetously pursuing their own private lucre, have endeavoured utterly to demolish the state of the said Hospital, pretending some defect in the foundation thereof, or that the same have been dissolved—We favouring the sustentation of the poor, and such like charitable deeds, do of our special grace, for us, our heirs and successors, grant all that right, title, &c. which we have or might have in the premises, fully and graciously to be conferred and extended towards the establishment of the said Hospital, for poor and infirm men and women to dwell therein: and for the causes aforesaid the same shall for ever hereafter be called by the name of The Hospital of St. Mary Magdalen, of the foundation of king James, consisting of a Master and Warden and 10, 9, 8, 7, 6, or 5 poor needy men and women, who shall likewise be called, The Brethren and Sisters of the said Hospital, from henceforth for ever.—And for the more effectual performance of this our grant on our part, We have chosen nominated and appointed our well beloved Peter Tudman to be the first and present warden, or master of the said hospital, and to continue in the said office for and during his natural life, unless for some default, trespass, misdemeanor, &c. omitted or committed by him, contrary to the constitutions or ordinances hereafter to be made and ordained, he shall be from thence removed.—And moreover out of our own especial grace, certain knowledge, and mere motion, We have also chosen, nominated, &c. our well beloved John Tilney and Avis his wife, Isabel wife of the said Peter Tudman, John Pillow, Alice Briggs, and William Mason, to be the first and present brethren and sisters of the said hospital, there to be relieved and maintained during their natural lives, unless for some fault or misdemeanor they shall from thence be removed.
“And that this our pious and charitable intention may take the better effect, and that the lands, tenements, goods and chattels, and hereditaments, towards the maintenance of the said hospital and the warden or master, and the poor brethren and sisters &c. may the more effectually be given, granted, enjoyed, possessed and disposed, We will, and by these Letters Patents for us our heirs and successors of our like special grace &c. do grant ordain and constitute that the Mayor of our Burgh of King’s Lynn that now is, or hereafter shall be, and all the aldermen that now are or hereafter shall be, shall, from henceforth forever be our Body corporate and politique, in deed, fact, and name, by the title of The Governors of the lands, tenements, revenues, possessions, and hereditaments of the Hospital of St. Mary Magdalen upon the Cawsey between Lynn regis and Gaywood, of the foundation of James king of England, &c.—And by the said name of Governors, &c. to be always hereafter so called, termed, and nominated, for ever: and by the same to have perpetual succession, and to be both able and capable in law to obtain, receive, have, and possess the manors, lands, tenements, meadows, pastures, feedings, rents, reversions, remainders, and all other hereditaments whatsoever, to them and their successors for ever, as well from us our heirs, &c. as from any person or persons whatsoever; as also all goods and chattels for the maintenance and relief of the said hospital, the warden or master, and the poor brethren and sisters which shall, from time to time, live and be sustained therein.—And we do likewise by these presents for us and our heirs &c. grant unto them and their successors to have a common seal for all matters and businesses concerning the said hospital &c.—And that they by the name aforesaid may answer and be answered in any of his majesty’s courts or elsewhere within this kingdom of England.
“And we will that whensoever it shall happen, that the said master or any of the said 10, 9, 8, 7, 6, or 5 of the brethren shall die or be removed, it shall and may be lawful for the said governors (whereof the mayor to be always one) within 20 days after, to choose another in their room—And we will and grant that the said Warden or Master and his successors shall take his corporal oath on the evangelists for the due performance of his office, before the mayor for the time being, in the Guildhall of the said Burgh—And we will and grant that the said governors, or the greatest part of them (whereof the mayor to be always one) and their successors with the assent and consent of the bishop of Norwich for the time being, may make and constitute such and so many good and wholesome statutes, laws, &c. in writing, as well concerning the celebration of divine service every day in the said hospital to the honour of God, as for the government, election, expulsion, punishment and direction of the said master and poor there, and also concerning their stipends, salaries, liveries, habits, and all other necessaries whatsoever, as also concerning the ordinary, preservation, and disposing of all the lands, tenements &c.—And also may give and grant to the master and poor there, such useful things as they shall think fit: and may revoke, change, determine, augment, alter, and make new the same as they think most convenient; which said statutes, laws, and ordinances, to be made and constituted as aforesaid we straitly charge and command to be kept inviolable, from time to time for ever, yet so as the same be not contrary to the laws and statutes of this kingdom of England.
“And further for the continual relief and sustentation of the said hospital we have given and granted, and by these presents do give and grant to the said governors all the lordships, manors, messuages, lands, meadows, pastures, feeding-grounds, liberties, franchises and hereditaments whatsoever, lying in Gaywood, East Lexham, Dunham, Narford, West Lexham, Westwinch, and Holkham, in our said county of Norfolk, or any where elsewhere, which formerly were any part of the possessions of the said hospital, however before this time called or reputed, and which had not indeed though not by the law alienated, bargained and sold by the prior, brethren and sisters of the said hospital, and of which his Highness from the beginning of his reign had not taken any yearly profits, revenues, or rents.—And further we do give and grant unto the said governors, &c. To have, hold, and enjoy all the aforesaid premisses, together with court-leet, frank-pledge, liberties, franchises, goods and chattels waved of felons as well as felo de se, as of all other felons, fugitives, out-lawries, and taken in exigent, or in any other lawful way, right or title, they shall be convicted, condemned, extrahur deodands and all rights, jurisdiction, franchises, liberties, privileges, commodities, advantages, possessions, emoluments and hereditaments whatsoever, as fully, freely, and absolutely as any prior, brethren and sisters, as well sound as sick, ever had, held, or enjoyed heretofore, &c.—To have, hold, and enjoy all the privileges aforesaid to the only use and behoof of them the said governors, &c., in free, pure, and perpetual alms, for all rents, services, claims, and demands whatsoever, to be rendered, paid, or done to us our heirs &c. And we do likewise give and grant unto them all and singular, issues, fines, rents, revenues, annual profits whatsoever, of all and singular the premises aforesaid, whatsoever due before the grant of these Letters Patent, or within 60 years last past without giving any account of the same. And further we, our heirs, &c. will for ever acquit, exonerate, and keep indemnified to the said governors, &c. all and singular the premises aforesaid, against us our heirs &c. of and from coridies, rents, fees, annual pensions, portions and sums of money whatsoever, &c.
“And we will and straitly charge our Treasurer, Chancellor, and Barons of our Exchequer, their heirs and successors, and all other our Receivers, Auditors, Officers and Ministers whatsoever, upon producing these our Letters Patents, or the enrollment thereof without any other Breve or Warrant from us, that they make or cause to be made to the said governors &c. a full and plenary discharge of all the corodies, fees &c. whatever, for which these our Letters Patents shall be to them a sufficient warrant and discharge.—And we will and grant that these our Letters Patents and the enrollment thereof shall be in all things as firm, strong and good, sufficient and effectual in law against us, our heirs &c. in all our courts and elsewhere within out kingdom of England, without any further confirmation, licence, or toleration from us or our successors to be procured or obtained.—Notwithstanding the misnaming, misreciting, or not reciting the aforesaid premisses by these Letters Patents, Or the not finding only the office or inquisition of the premisses or any parcel thereof whereby our title ought to be found before the making of these our Letters Patents, Or the misreciting or misnaming, or not reciting or not naming any demise or grant of the premisses or any part thereof, on record or not on record, or any way whatsoever before this grant:—Or the misnaming or not naming any village, hamlet, parish, race, or county, in which the premisses or any part thereof be:—Or the full, true, and certain mention of the names of the tenements, farmers, occupiers of the premisses or any part thereof:—Or any defect in the certainty, account, or declaration of the true yearly value of the same as aforesaid:—or any other defects in not naming aright any one tenement, farmer, or occupier &c. or the statute made in parliament in the first year of the late king Edward VI. our predecessor, or the statute made in parliament in the 18th year of the late king Henry VIII. our progenitor.
“And further we will, straitly charge and command the aforesaid governors &c. that they expend, convert, and apply all and every the premisses aforesaid towards the relief and maintenance of the master and poor of the said hospital, and for the repairition and defence of all and singular the premisses aforesaid, and to no other use and purpose whatsoever.—Yet so that express mention be made of the true yearly value, or certainly of the premisses or any part of them, or any gifts or grants made before this time by us or any of our predecessors to the governors aforesaid and their successors, or any statutes, acts, ordinance, provision or restriction to the contrary before this had made published or ordained in any thing cause or matter whatsoever notwithstanding.—In Testimony whereof we have caused these our Letters to be made Patents. Witness ourself at Westminster this 22d. day of April in the year of our reign of England, France, and Ireland the 9th and of Scotland the 44th.
Per Breve de privato sigillo.
“After the grant aforesaid, the mayor and aldermen endeavoured by all fair means, to prevail with the concealers and usurpers of the many lands, &c. to yield and deliver up the quiet possession thereof to them, the said governors, without suit in law; but not able to succeed therein, they thereupon exhibited a bill of complaints into [in] the High Court of Chancery, against those who withheld the same, and had likewise gotten into their hands sundry Deeds, Evidences, Writings, Charters, Copies of Court Rolls, and Muniments, concerning the said Hospital, for about thirty years before the king’s majesty’s Letters Patents: whose names are as follow, viz. Sir Philip Woodhouse; Thomas Thoresbie Esq.; Henry Bastard, Gent.; Henry Baker, Gent.; Thomas Baxter; Robert Anderson; Richard Cross; Jefferie Pell; Robert Large; Robert Trollop; William Simpson, clerk; Robert Say, junr; Robert Spence, Gent.; Robert Webster; William Collis, als Glover:—Who having given in their several answers to the said bill, an order was made by the court, that the complainants should set down in writing, the particular lands and fold courses by them claimed, together with the evidences for proof thereof, that the same belonged to the said hospital, and how much the defendants have of those lands in their several possessions, &c. which they did as followeth”—
[The lands, &c. in question, are then particularly specified and described, being chiefly in East and West Lexham, and Dunham and Gaywood. They are denominated “Lands of the Lepers, or Spittle lands, pertaining to the brethren and sisters of the House, called The Spittle, upon the cawsey between Lynn and Gaywood”—the whole amounting to 305 acres—The complainants having thus specified their claims, the suit went on.]
“After divers hearings on both sides, in the high court of Chancery, for about four years together, the plaintiffs being prepared to move the lord chancellor with all speed for a decree, and for their costs and damages, Sir Philip Woodhouse defendant, (who had most of the lands, &c. in his hands,) solicited and intreated Sir H. Hobart, knt. and bart. Lord chief justice of the Common Pleas, to hear and determine the cause between them, which being consented to by the plaintiffs, his lordship gave his opinion, that the plaintiffs had right to all the lands and foldcourses, in the boundary before mentioned, in such manner as they have been claimed by them, excepting the messuage Warm, and 5 acres thereunto adjoining. And therefore to prevent further suit and expences on both sides, his lordship advised Sir Ph. Woodhouse to suffer that which he could not contradict, viz. that a decree should pass of all the lands and foldcourses (except as before excepted) for the plaintiffs, as in law and equity it ought to be: but withal mediated and intreated the counsel of the plaintiffs, in behalf of the said Sir Ph. that in regard so much of the lands and fold courses as were in the possession of Sir Philip, did lye so intermixed with his lands, it would be a great annoyance to him, and little profit to the plaintiffs, if the same were severed, that therefore it would please the plaintiff’s counsel to consent that the plaintiffs, after the decree passed, should make a lease to him of the premises aforesaid for 99 years, at the yearly rent of 16l. viz. their foldcourses at East Lexham, being in his possession for 10l. per annum, and all their grounds in West Lexham and great Dunham, also in his possession at 2s. 6d. for every acre per annum, and that the said Sir Philip Woodhouse should be discharged of all the rents, issues, and profits of the said lands and fold courses, for the time past; whereof the plaintiff’s counsel agreed, and promised to procure the same, which conclusion on both sides being made known the next day to the lord Chancellor, by the plaintiff’s counsel, his lordship upon their motion, ordered and decreed their possession of the said lands and foldcourses, unto the plaintiff’s, not having any relation to the said agreement made before the Lord chief justice, as aforesaid, saving in the exception before excepted, and in the omitting of damages and costs, which was promised in the last order.
“Afterwards, that it, upon the feast day of the decollation of St. John Baptist, next following, Sir Philip Woodhouse came to Lynn, and in the presence of John Spence, then Mayor, Thomas Oxburgh Esq. recorder, the aldermen and the rest of the Society then assembled in the common council house, the said Sir Philip did bring the draught of a Lease, (perused by the Lord Chief Justice Hobart), of the Spittle fold course of East Lexham, and of the lands which, by the mediation of the said lord chief justice, were to be demised by the mayor and aldermen to the said Sir Philip, a copy of which being formally delivered to the said mayor, &c. they caused the same to be engrossed on a pair of Indentures to that purpose, bearing date 17 May, 1615, then last past, (upon which day the last order for the decree was made) which Indentures were openly read, sealed, and delivered interchangeably in the said council house the said day of the decollation, being the election day for the succeeding mayor. The said Sir Ph. sent a fat buck, and gave his honourable promise, that he and his heirs should every year after, during the time of his Lease, give a like fat buck to every mayor for the time being towards their festival upon the said day; which was, for sometime, faithfully performed.—About a year after a Lease was granted by the mayor, &c. of all those their fold courses, foldage, and sheep pasture in the town of great Dunham for 250 sheep, to be goeing, fed, and depastured in and upon all the common, and common pasture fields and amble grounds there, as well demesnes as otherwise, anciently accustomed, to Sir Thomas Hogan, Henry Bastard, Henry Barker, Thomas Baxter, Thomas Burton, for 21 years, from Lady day 1616, for 10l. per annum, free and clear from all manner of quit rents and charges whatsoever. Both which sheep walks, with the lands thus demised, were anciently in Lease to the lords of the manor of East Lexham, from the old hospital, under the yearly rent of 20s. 4d. as appears by two ancient rentals, [copies of which are preserved in Mr. King’s MS. and are here given in the note below. [544]]—The flocks of the lords of Dunham went and were depastured in and upon the common of Dunham—as more appeareth by an ancient survey upon oath, both of the freehold and copyhold tenants, made in the 4th Edward 2. which is in the hands of Henry Bastard, Gent. now [i.e. about 1724] Lord of the manor of Great Dunham.”
[A true copy of which subjoined: it is in Latin, and too long to be inserted here, as it fills near four folio pages.]
After some recapitulation, by way of summary, of the above account, the writer proceeds to treat of the then present state of the hospital (i.e. now near a 100 years ago) and he observes again,