coke a the case OF sutton hospital king James the first by his letter patent  hear date the d day of June in the nine year of his reign recite a Act James  entitle a Act to confirm and enable the erection and establishment of a  hospital and free grammar school do and intend to be do by t S c grant to  Thomas Sutton licence to find a hospital for the relief of poor age maim needy  or impotent people and freeschool for the maintenance and education of poor  child or scholar and also that the say t S during his life and after his death  the governor thereinafter name and their successor and the survivor and  survivor of they and his and their successor for ever and the governor thereof  for the time be and their successor shall have full power licence and lawful  authority at his and their will and pleasure respective from time to time and  at all time thereafter to place therein such master or head of the say  hospital as to he the say t during his life and after his death to the say  governor and their successor and to the survivor and survivor of they and to  his and their successor and to the governor thereof for the time be and their  successor shall seem convenient and in a subsequent part of the same letter  patent appoint fifteen person by name and the master of the hospital and such  person and person as shall from time to time be master or master of the say  hospital during the time that they shall be master or master thereof to be the  first and present governor of the land possession revenue and good of the  hospital of king James find in the charterhouse within the county of Middlesex  at the humble petition and only cost and charge of t S and that they and the  survivor of they and such as the survivor and survivor of they shall from time  to time elect to make up the number sixteen when and as often as any of they  or any of their successor shall happen to die or be remove from be governor or  governor thereof shall be incorporate and have perpetual succession and be one  body corporate and politic t S on the that of October in the same nine year of  the king by a write seal with his sea and hear date the same day and year  appoint one I h to be the first master of the hospital to have and to hold the  say office at the will of the say t S hold no hospital c be find by the Act  itself the incorporation ought to precede the sound the hospital the king by  his charter of incorporation may at the petition of the founder make the house  and inheritance of the petitioner to be a hospital and may give it a name the  word in the charter that the say house and other the premise shall from  henceforth for ever hereafter be remain c and shall for ever here after be  name and call the hospital of king James find in the charterhouse be a  sufficient name of the place of the corporation a know name be sufficient to  find a hospital and it need not be describe by meet and bind a objection be  make to the validity of the incorporation that the king by his letter patent  intend to make a present corporation which his word express import but that no  incorporation can be until t S have name a master and that nomination be  subsequent to the letter patent the latter be repugnant to themselves and void  and overrule the incorporation may exist before the hospital be actual find  the word foundation be take in two different sense foundation to take hold and  foundation to achieve as to the politic capacity the act of incorporation be  metaphorical call the foundation but as to the dotation the first gift of the  revenue be call the foundation and he who give it be the founder in law if the  king have incorporate the poor of the say hospital t S deed not have make any  instrument comprehend any foundation erection c but his gift of the land be  the first gift have make he founder and the very first donation be all the  foundation which be requisite in law and to the erection of a hospital nothing  be require by the law but incorporation and donation the nomination of the  master be good when the master be nominate he be master coke report b er p by  force of the letter patent as if he have be name in and by the letter patent  themselves money give by the governor as private person be a good  consideration to grant land to they in their politic capacity if the grant to  they be by bargain and sale a trust declare in the habendum do not make the  conveyance void the governor shall plead that they be seize in their demesne  as of fee jure incorporationis sum S C jenk cent black Com vin ab Corp Com dig  Franche Bac ab Corp mich James rot in the king bench between Simon Baxter  plaintiff and Richard Sutton and John law defendant in trespass de eastern  quod Self may James a capital message call the charterhouse in the parish of  saint sepulchre in the county of Middlesex freger intraver upon not guilty  plead the whole special matter be find which be adjourn out of the court of  the king bench by the judge of the same court into the exchequerchamber and it  be argue at the bar for the plaintiff by John Walter of the Inner temple  Yelverton of grey inn and last by Bacon solicitorgeneral and for the defendant  by Coventry of the Inner temple Hutton sergeant at law and by Hobart  attorneygeneral and the plaintiff counsel argue strong in general that there  be not any incorporation create by the king letter patent date June James king  admit the incorporation be good yet there be not any foundation make by Sutton  accord to the authority give he that the bargain and sale make by Sutton hear  date I Nov James be utter void and by consequence all the say possession  descendible to the plaintiff in particular and in the argument of this case  these point upon those ground be move it be object that by the Act of  parliament Feb James king in the record mention a hospital be legal erect and  incorporate at hallingbury in the county of Essex and all the say manor give  to it and by consequence the say corporation make after the say coke b Act by  the letter patent June James Reg be utter void note reader the say Act can  give the say house call the charterhouse for Sutton purchase it afterward  videlicet may James Reg as by the record appear that no hospital be find by  Sutton and therefore the incorporation fail because Sutton have the king  licence to find erect and establish a hospital which be a act precedent to be  perform by Sutton before the incorporation which he have not do and so he have  not pursue his licence which licence the king may have countermand and which  be countermand in law by the death of Sutton that the king by his charter can  name the house and inheritance of Sutton to be a hospital for that will be to  give a name of a hospital in another solon the place of every corporation  ought to be certain for without a certain place there can be any incorporation  but here the licence to Sutton be to find a hospital at or in the charterhouse  so that he may find it in all or any part of the same house and therefore till  Sutton have find it in certain there be not any certainty of the place and by  consequence no corporation to which be add that a place by a know name be not  sufficient to support the name of a incorporation but it ought to be describe  by meet and bind and diverse precedent be cite and show where the scite of  hospital priory c be so particular describe the king by his letter patent  intend to make a present incorporation and so his word express import  videlicet from henceforth c and yet no incorporation can be till Sutton have  name a master and the letter patent hear date June year and the write of  nomination octob year and so the letter patent be repugnant in themselves and  void until there be a actual hospital and poor in it there can be governor of  they for governor ought not to be idle or as cipher in algebra for governor  and government be having reference queen are simul tempore and as well in his  will as in other instrument he have call it many time his intend hospital to  every such corporation a foundation be requisite and here be not any  foundation make by Sutton for first he ought to have per word prscripta in  coke report a er p boundary to set bounds coke a find erect and establish the  say house of charterhouse a hospital c and it be compare to case of exchange  frankalmoigne to give away warrantizo frankmarriage queen are word of  incompatibilia c and diverse precedent be show to the justice of erection of  hospital school c wherein the say word of farm to raise up c be use second  before such lawful foundation make by Sutton a stranger can not have give any  land or other thing to the say governor three without such foundation in time  to come it shall not be know who shall be the founder whereupon confusion will  ensue the nomination of the master make by Sutton be void for two reason one  that he be nominate to be master but at will where he ought to be nominate for  life in as much as he be to have a freehold in the land also there ought to be  at least a actual hospital find by Sutton accord to his licence before he can  nominate a master of it for otherwise it shall be a mathematical or utopical  hospital the say bargain and sale make by Sutton to the say governor be void  for three reason that the money which be the consideration thereof be pay by  the private person of the governor and therefore the bargain and sale of the  manor c can enure to they in their politic capacity the habendum be to the  governor upon trust and confidence and a body politic aggregate of many can  stand seize of a trust and confidence to the use of another a because no  hospital be find by Sutton accord to his licence and for all the other  objection make against the foundation and incorporation the say bargain and  sale be void and by consequence all the say manor descend to the plaintiff as  cousin and heir to Sutton that no hospital be incorporate by the say letter  patent and therefore it be object that the king can not incorporate they by  the name of governor c of the hospital but of a hospital in law or a legal  hospital as it be call for the governor can plead that they be seize in jure  hospital Himself because in law there be not any hospital which brief report I  have make of these objection because I think they or the great part of they be  not worthy to be move at the bar nor remember at the bench and that this case  be adjourn to the exchequerchamber by the coke b justice of the king bench  more for the weight of the value than for the difficulty of the law in the  case and the entire record as appear before by the exception ought to be the  case the which be argue open in the exchequerchamber by all the judge of  England and baron of the exchequer except the chief justice of the king bench  who be then sick videlicet sir Robert Houghton sir Augustine Nicholls sir John  dodderidge sir Humphrey winch sir Edward Bromle sir John croak sir James  Altham sir George snigge sir Peter Warburton sir Terence Tanfield chief baron  and sir Edward coke chief justice of the common plea and it be resolve by they  all in their argument except by baron snigge and justice croak that judgement  shall be give against the plaintiff because rectum be judge Himself oblique a  right line make discovery not only of that which be right but of that which be  wrong and crooked and the confirmation of the right and truth be the  confutation of error and falsehood I will report the effect of the reason and  cause affirm and confirm the resolution of the judge which be of so great  authority perspicuity and gravity that it be not necessary that the objection  shall have any particular answer and yet for the satisfaction of all every one  of they shall be particular answer and because this case chief depend upon the  letter patent and the best exposition of the king charter be upon the  consideration of the whole charter to expound the charter by the charter  itself word cart king and portant svan exhibition and the king letter patent  in this case be viscera cause attitude queen ex soft fleshy body parts cause  about to be born into being be to reach strong in lege all the part of the  letter patent be consider and every material part thereof explain accord to  the true and genuine sense which be the best method upon the consideration of  many other for the more clear report of this case the first part of the say  charter contain a short recital of two thing of the a note W chudleighs case    a coke report a er p title of the Act of Feb year videlicet a Act to confirm  and enable the erection and establishment of a hospital and free grammar  school do and intend to be do by Thomas Sutton Esq which title prove that no  hospital c be find by the Act itself but the scope of the Act be to enable  Sutton to erect and establish a hospital c and therefore the title say intend  to be do and perform by Thomas Sutton Esq and that also appear by diverse part  of the body of the Act which be all in going to be nothing in prsenti I coke a  be it therefore enact that in the town of Halingbury c there may be build one  meet house for abide of poor people and scholar c which be word de going to be  and it be not certain in what part of the town the house shall be build c and  that the same shall and may be call and name the hospital of king James which  be word also de going to be and that the Lord archbishop of Canterbury c shall  and may be the governor c and that the same governor c shall for ever  hereafter stand and be incorporate which word ought to be intend to take  effect after the erection of the hospital c in a certain place c and so the  construction be in going to be which well appear by the word de going to be  follow and may have perpetual succession and may for ever hereafter a have  hold and enjoy lordship manor c without licence of alienation or licence of  mortmain by which it appear that this clause be not in effect but a licence to  give manor land c hold in capite without other licence of alienation and also  without other licence of mortmain but this clause be superfluous and  impertinent if the land shall pass by the Act itself for then no licence in  those case be requisite and without question if it be admit that there be a  corporation yet no land be give to it by these word de going to be also  although the say land be give they yet the king by his letter patent can erect  and incorporate a hospital in the charterhouse which be purchase after the Act  and the action of trespass in the case at bar be for a trespass do in the  charterhouse but it be resolve by all the justice and baron of the exchequer  except justice croak that the Act f James do not incorporate the governor c  but in going to be which never do nor can take effect and by consequence no  land be or can be give thereby the d branch of the recital be of the purchase  of the charterhouse after the Act which as it be there rehearse be more fit  and commodious than hallingbury to be convert into a hospital in the second  part Sutton be a suitor and petitioner to the king for four thing to give  licence to find erect and establish a hospitalhouse c and free grammarschool c  at or in the charterhouse wherein have be observe the uncertainty of the suit  videlicet at or in the charterhouse but of that hereafter to incorporate the  governor hereafter name so that Sutton himself name the governor which the  king incorporate by such name of incorporation coke b as be hereafter mention  to have capacity and ability c by which also it appear that Sutton devise and  prescribe the name of the incorporation and by all these three clause it  appear that the suit of Sutton and his express consent be that the governor  shall be name of the say house call the charterhouse Sutton be suitor that the  governor c may take in mortmain for the better maintenance of the say hospital  free school preacher c the three part of the letter patent contain grant and  act make by the king in two manner know by way of licence and by way of grant  of the licence some be requisite some abundant and not requisite and some  requisite for the sustenation of the poor c and not to the essence of the  corporation and of the grant some be in prsenti and some in going to be and of  each of they some be of necessity and some explanatory and not of necessity  and those which be of necessity some be of necessity to the creation of this  body politic and some to the continuance and preservation of it and into those  branch all the say letter patent be divide which shall be observe as they  arise and have place in the same letter patent but before all the licence and  grant the king prefix a preamble know the king a n b these word take effect  immediate and be no more word in going to be than the word of every Act of  parliament which be not make with a retrospect Qure also if the word of every  incorporation be not in the same tense and so it be in the case put post b  note in sergeant hill copy coke report a er p affect so good a work of his  princely disposition and care for the furtherance thereof and that the same  may take the better effect c wherein appear the honour charity and pious  disposition of the king give licence to Thomas Sutton his heir executor  administrator and assign at all time hereafter at their will and pleasure to  place erect find and establish at or in the say house call the charterhouse  one hospitalhouse and place of abide for the find sustentation and relief of  poor age maim needy or impotent people c also to erect find c one free school  for the instruction teach and maintenance of poor child or scholar c and to  place and maintain a learned schoolmaster and usher to teach and instruct the  say child in grammar and also one learned and godly preacher to preach and  teach the word of God to all the say person poor people and child member and  officer at or in the say house this in the first place contain the end of  sutton piety and charity for a sapiens incipit a fine quod at first be in  intention ultimum be in executioner and that be a grand motive to the king of  his royal authority to give he mean see by creation of a capable body politic  by way of incorporation to have a perpetual succession to perfect and  perpetuate so pious and charitable a work coke a and that the incorporation  ought to precede the execution of this licence be evident by the word and  coherence of the letter patent know for this licence be in going to be see to  Thomas Sutton his heir executor administrator and assign at all time hereafter  at their will and pleasure c so that it be future as well in person heir  executor c as in the thing to be do but when he come to the clause of  incorporation be do it per word de prsenti tempore and the say person and  their successor by the name c we do by these present for ever hereafter real  and full incorporate c by which it follow that the incorporation be present  and the execution of this part of the licence future the incorporation ought  of necessity to precede the execution of the licence then forasmuch as the  principal foundation of the scruple be conceive upon these word to find erect  and establish the true etymology and genuine sense of they be consider and ex  way termini to pour nothing other be how fundamentum to be thrown or cast seu  to put down c to lie the foundation of a building and in this sense the holy  ghost which move Sutton to this work of charity in the scripture take it and  therefore in the b king cap to lay the bottom be house year primo et year  perfecto to be house in in all respects need his and c king cap to build in a  day strike against hiel de Bethel Jerico in abiram primitive his to lay the  bottom in Segub rear his to put down portas by which it appear that to find be  to lie the foundation of a building which be the first mechanical part of  architecture then when the foundation be lie then come the erection of the  house as it be say by the son of sirach to raise up we mouse to raise up house  our men and although the foundation be well lie and thereupon a building well  erect yet it ought to be well conjoin and establish and therefore this word  establish be add to make the building have continuance Reg to make firm  Lamentations he that be I will make his throne to have perdurance and  continuance so that to find erect and establish be need preoccupation  preoccupation architector and that appear by the word of the charter itself  see the king affect so good a work tam good opus moreover the subsequent word  prove it also to find erect and establish what a hospitalhouse so that it  clear appear that the effect of this licence be to make fit and to finish and  furnish a hospitalhouse for the habitation of the poor c see after mich  Elizabeth the case of the hospital of Bridewell for the exposition of these  word farm to raise up to make firm which be a strong case than this be and  this word place in the first place be to be intend as have be say in the last  place sure to place poor in it coke b to erect a free school for the  instruction of youth and for the maintenance of a preacher but how shall this  holy and charitable intention that it shall remain in succession for ever be  bring to a end and effect the charter itself show it in effect in this manner  it be impossible to take in succession for ever without a capacity and a  capacity to take in succession can be without incorporation and the incorpora  a   light b b before b b I Reg c for c I Reg c for coke report a er p cion can  be create without the king for this reason the charter say and for the  maintenance and continuance of the say hospital c and that the same may take  the better effect that the say person c be one body corporate and politic to  have perpetual succession for ever to endure we do by these present for ever  hereafter full and real incorporate c to have capacity and ability to take c  without this capacity the end can be effect for a inhabitant of a town or  other single person who have not capacity to take in succession but only to  their singular heir have capacity to take a incorporation and after their  incorporation they have capacity to take in succession any land tenement or  hereditament unde sequiturs that the incorporation which give capacity ought  to precede the donation of any land c another licence be give to this new  incorporation to take in mortmain this licence be not of necessity either of  the essence of the incorporation or of the continuance of it but yet it be  requisite for the establishment and maintenance of the end sure to have the  poor sustain and scholar instruct c for they can be maintain without a revenue  and the revenue as have be say they can take and retain without a licence in  mortmain and therefore those who incorporation and licence in mortmain ought  to precede the donation these word to find erect and establish a hospitalhouse  can be extend to the incorporation for that belong only to the king and that  the king make not to any dotation for as yet as have be say there be not any  capacity ergo it extend only to the building and finish of the say house to be  a fit habitation for poor c Sutton think and rethinking that as well the  incorporation as the licence in mortmain be in their several degree requisite  to bring his good and charitable purpose to effect to the end that the king  will grant that which be only in his power to grant and which he himself  without the king can not do he be a suitor to the king to grant he licence to  do that which of himself in respect of the ownership of land he may do without  the king sure to build finish and furnish the say house for the habitation of  coke a poor as well before the incorporation as after but to give it  succession c as have be say he can not and therefore this licence be but  explanatory to declare what Sutton as owner of the land may do either with the  king licence or without the king and therefore the king cold not countermand  this licence because it be but declaratory of that which Sutton may do as  owner of the land without any a licence and this appear by the book in h  Fitzherbert grant the record whereof I have see between I Buckland vintner  plaintiff in a action of trespass and Richard Fowcher chaplain defendant term  sanct mich h rot in the king bench and in the report at large b h a b where  the case in effect be that king h by his letter patent a royal power Himself  recite that Robert Ramsey be seize in fee of a house in the parish of saint  Margaret in London call the sun c notwithstanding the statute of mortmain de  agreeableness svan specific and for give licence to Robert Ramsey that he may  give mark rend issue out of the say house c cue chaplain divine celebrant ad  altar beat mar in eccles S great London one a day pro health position prd rob  johan wife sum c habend tenant eid chaplain successorib nest chaplain to  produce melodious sounds prd of a god in eccles prd ad altar prd pro health  position c juxta in ranks prd rob in here part faciend celebrate imperpet c  and afterward the say Robert Ramsey by his deed indent tripartite June find  ordain and erect the say chantry and ordain and name one John meadow to be the  first chaplain to do the say divine service and further by the say deed grant  to the say John meadow the first chaplain mark of yearly rend issue out of the  say house to have to he and his successor chaplain of the say chantry at four  usual feast in London to be pay with clause of distress to he and his  successor and further appoint by the same deed that he himself shall present  to the say chantry during his life and after his decease that Johanna his wife  shall present to it during her life and after her decease the parson a e a    light a Cr Elizabeth lane roll corn dig capacity Bl a Inst b Br patent c roll  coke report b er p and churchwarden of the say church of saint magnus and  their successor and afterward the say John meadow die and after diverse  vacation the defendant Richard Fowcher be present to the say chantry who for  the say rend arrear enter into the say house the door be open and take a cup  of the plaintiff for a distress c for which take the a cion be bring upon  which matter the party demurrer in law and this case be adjourn into the  exchequerchamber and there before all the judge of England diverse objection  be make against this licence and grant because they be cuidan chaplain and  name none in certain and when the king grant be uncertain it be void as if the  king coke b licence one to give mark rend a cue abbey the grant be void  because it be uncertain there be not such chaplain till Robert Ramsey have  name and ordain one so that it appear that the grant will be to he who be not  in rer naturan as if the king give licence to grant to the mayor and  commonalty of Islington it be void where there be not any such incorporation  although the inhabitant of Islington be afterward incorporate by the name of  mayor and commonalty because there be no such corporation in rer naturan at  the time of the grant it be object that the king have not make any  incorporation in that case and a incorporation be a thing to be make only by  the king himself and these word juxta ordination per rob Ramsey fiend shall  not enable the say Ramsey to make a incorporation for the king can give  licence to any to make a incorporation but the say word will give he power to  make ordinance first touch mass and other divine service of what manner of  habit he shall be to have perpetual succession know elective presentative or  donative and that be the effect of the say word and not to make a corporation  and the king grant shall not be take by implication see by the word to make a  incorporation and also to give licence to grant the say rend for then the king  grant will enure to two intent admit that there shall be a incorporation by  implication yet the incorporation ought to be before the licence and here the  licence be before the incorporation and therefore void the grant ought to have  be that the king give licence to make to raise up Cantar c and there be not  any such word in the charter but only licence to grant a rend c cue chaplain c  the licence be secundum ordination per r Ramsey fiend and therefore the king  be deceive because he can not have knowledge what ordinance it will be it be  object that the distress be without warrant and void because the licence do  extend to grant a rend only without mention of any distress which objection I  have here collect out of the book report at length h a b and the report of  Fitzherbert in h grant and out of the record itself as to the first and second  objection it be resolve that the grant be good for all the grant of chantry be  of such form know Cuid chaplain and although there be not such chaplain at the  time it be not to the purpose for if the king grant to the commonalty of  Islington that they shall be incorporate of a mayor and bailiff and that they  have power to choose one it be good although the election of the mayor be  future so note reader a difference betwixt a estate or interest which none can  take without present capacity and a power liberty or franchise or thing new  create which may take effect in going to be as to the d it be resolve that  where the king by his charter say cuidan chaplain that be a sufficient  incorporation and when he say in the habendum Himself coke a successorib nest  that make a sufficient succession and so note reader this grant of the king  enures to a three intent see to make a incorporation to make a succession and  to grant a rend as to the that it be resolve that where it be object that the  licence to find the chantry shall be first and to grant after that be not  necessary for it be not material which be before for the law will construe  that to precede which ought to be first but here they be simul semel as to the  five that in the licence there be not word of to pour to raise up to make it  be resolve that notwithstanding that the grant be good notam ex hoc reader  that to the essence of a chantry or other body politic two thing be only  requisite see a incorporation and a gift and not any word of to pour to raise  up to make firm or word to such effect for no such word be contain in the say  grant a Perk sect a roll coke report b er p of h and yet it be adjudge a good  chantry lawful incorporate and find and if such word have be necessary and  requisite in law the judgement ought to have be give against the chantry  because they be omit in the king grant and thereby it appear that in the case  at bar they be explanatory and of abundance which be a judgement in the point  by the resolution of the justice in the exchequerchamber as to the that point  it be resolve that these word secundum in ranks per b r Ramsey fiend import  sufficient certainty know to enable Ramsey to ordain what mass and other  divine service shall be celebrate of what habit or order the chaplain shall be  and whether he shall be elective presentative or donative by force of which  word Ramsey in the case at bar ordain it to be presentative by the rector of  the parish of saint magnus for ever as to the that objection it appear by the  report of Fitzherbert where above that the opinion of the two chief justice  Hussey and Brian and Starkey chief baron and Fairfax justice be that the  distress be without warrant but Townshend conceive it to be good but to look  at think over it be adjudge that the distress be good and well warrant by the  grant for the chauntrypriest distrain in the say house for the rend and his  distress be adjudge lawful and the plaintiff bar and the reason as I conceive  be because the king charter make for the erection of pious and charitable work  shall be always take in the most favourable and beneficial sense and the most  beneficial rend that a man can grant be a rentcharge a distress be a necessary  incident to the rend for without that the grantee will be without remedy c  word are to take without effort cum execution and word be to be take with the  effect d Edward which case I have cite more at large because it be coke b  notable and pertinent and strong as I conceive than the case in question dly  power be give to Sutton to place a master of the say hospital at all time  hereafter to place erect find and establish in the say house c one free school  for instruct youth which well expound the precedent word concern the hospital  for these word extend only to make fit and to finish and furnish a grammar  school within the say charterhouse and a learned preacher to teach all in the  word of God we do by these present ordain constitute limit and appoint that  the say house and other the premise shall from henceforth for ever hereafter  be remain and continue and be convert employ and use for a hospital and house  and place for abide c and shall for ever hereafter be name incorporate and  call the hospital of king James find in the charterhouse within the county of  Middlesex at the humble petition and at the only cost and charge of t Sutton  Esq and the same hospital and free school by the name of the hospital of king  James c we do firm by these present erect find and establish and confirm to  have continuance for ever by this clause the king in prsenti give the name of  the hospital but as it appear before Sutton have devise it and have sue to the  king to name it accord and that the name of the incorporation itself know at  the humble suit c of Thomas Sutton import so that as it be say in e b and e a  b the a name of incorporation be as a proper name or name of baptism b in this  case Sutton as godfather give the name and by the same name the king baptise  the incorporation by which it appear that the objection that the king can not  give a name to a house which be the inheritance of another be not of any value  for here Sutton have consent and assent to it and all this be do at his humble  suit and this objection tend to the dissolution of all ancient dean and  chapter for at first as appear in the three part of my report in the case of  the dean and chapter of Norwich all the possession be to the bishop and yet by  his assent the dean and chapter be incorporate and name of the cathedral  church which do then belong to the bishop only and afterward a certain portion  be assign to the chapter so that the chapter be before that they have any  possession and that be the reason that of b roll c   a d h a b a roll postea e  a b Vid note e case of the dean and chapter of Norwich   a vin ab Corp e coke  report a er p common right the bishop be patron of the prebendary because  their possession be derive from the bishop and therefore he be founder and  patron and therewith agree e a b ass pi Edward Edward b h so that at first the  dean and chapter be by the assent of the coke a bishop incorporate and name of  the church cathedral of the bishop and it be say that question move in the  exchequer use to be like spirit which may be raise with much ease but suppress  and vanquish with much difficulty but these question be like ruinous building  more easy throw down than raise and erect and all the argument which have be  make against this honourable work of charity be hatch out of mere conceit and  new invention without any ground of law and such which have any colour be  utter mistake and as to the that exception that the place of every corporation  ought to be certain and Sutton sty and the king licence Sutton to find erect c  a hospital at or in the charterhouse which be uncertain to that the charter  itself express answer that the king by this clause do ordain c that the say  house and other the premise shall from henceforth for ever hereafter be remain  e and shall for ever hereafter be name and call the hospital of king James  find in the charterhouse so that all the house and other the premise be  baptise by the king by the name of the hospital c in which be no shadow of  uncertainty and therefore Sutton as to the licence for the mechanical part  which as have be say be abundant to fit and finish all or any part of the  house for a hospital c yet all the house itself garden and orchard c be name  by the name of the hospital and it be observe that the king by this clause not  only name the say house to be a hospital but by the name of the hospital erect  find establish and confirm so that the king name it and leaves the mechanical  part to Sutton to perform and of the same importance be the other objection  that a know name be not sufficient to find a hospital but it ought to be  describe by meet and bind as in diverse precedent have be use for it appear in  William de Londress case e b Adam bring a to know facias against William de  Londres of the manor of e the defendant plead that he himself be master of the  hospital of saint Bartholomew and so hear a name of dignity not name judgement  of the writ to which the plaintiff reply that that which the defendant call a  hospital be the manor of east Smithfield and be a manor at the time of the  fine levy and it be hold by the court that by this writ he ought to have the  manor as that which the manor be at the time if the fine levy and whereas the  manor be make a hospital after the fine by this suit he be to defeat your  estate and your name and accord it be rule that the writ be good which prove  that a manor which import more variety and uncertainty than a house know by a  certain name may be create into a hospital and in ass pi John de derbys case a  manor make corpus prebend the five clause stand upon two branch for the better  coke b maintenance and continuance of the say hospital c and that the same may  take the better effect and that the revenue may be the better govern and  employ there shall be sixteen governor and name fifteen of they by express dam  and such person as from time to time shall be master to be the first and  present governor and the say person and their successor by the name of the  governor of the land c one body incorporate and politic by that name to have  perpetual succession for ever to endure we do by these present for ever  hereafter real and full incorporate and the word of this clause be word  operativa and it be to be know that every corporation or incorporation or body  politic or incorporate which be all one either stand upon one a sole person as  the king bishop parson c or aggregate of many as mayor commonalty dean and  chapter c and these be in the civil law call universitas sive collegian now it  be to be see what thing be of the essence of a corporation lawful authority of  incorporation and that may be by b four mean know by the commonlaw as the king  himself c by authority of parliament by the king charter as in this case and  by prescription the d which be of the essence of the incorporation be person  to be incorporate and that a roll vin ab Corp a Bac ab Corp a Com dig Franche  f it r b roll coke report a er p in two manner know person natural or body  incorporate and political a name c by which they be incorporate as in this  case governor of the land c of a place for without a place no incorporation  can be make here the place be the charterhouse in the county of Middlesex vide  h Det e b e by word sufficient in law but not restrain to any certain legal  and prescript form of word and forasmuch as good plead be lapis lydius the  touchstone of the true sense and knowledge of the commonlaw the form of plead  of a corporation by prescription be to be observe for in such case he ought to  prescribe in every thing which be of the essence of the incorporation in the  book of entry title quare hinder the plead be a certain hospital sanct Mari de  Bristol de to make one instructress convent a toto tempore c incorporate to be  per nomen instructress convent hospital sanct Mari de Bristol and there it  appear that there they purchase land and tenement and be implead without any  prescription for the one or the other because when they be incorporate by  prescription by a certain name then to implead and to be implead to grant and  purchase c be incident to a body incorporate m h rot in Com banc there the  prescription be custos substitute college that supplies a place in choir coke  a Hereford are a toto tempore c to be incorporate per nomen CustodisetVicar  college that supplies a place in choir Hereford and there also they purchase  and be implead as incident to incorporation a lib intrat title ass fol  magister brother etsorores brotherhood sive guild nine row sanctorum A  messenger juxta Brainford bring all assize the tenant plead quod in villan de  Brainford be qudam brotherhood incorporate infra time memory de instructress  brother et sister nine row A messenger juxta Brainford bridge without hoc quod  to have aliquan ankle brotherhood which case be report in b e a where the  tenant at first plead no such corporation and if it be not find and nought  because two bar and then he plead the say plea quod be qudam brotherhood  incorporate c and yet there they be feoff by Bocking upon condition and  capable thereof as incident to incorporation and therewith agree the bishop of  Exeter case in the book of entry c h b the corporation of Godmanchester d h a  b in the case of the hospital of wycombe vide e h b n e a f the master of the  hospital of Burton saint Lazarus prescribe quod ipseetomnes predecessor  Himself instructress hospital predict a toto tempore c naming et understand to  be c tam per nomen instructress hospital consecrated lazari de Burton de row  consecrated lazari de Jerusalem in England how per nomen instructress de  Burton consecrated lazari de Jerusalem in England by which it appear that this  word a incorporo or any derivative thereof be not in law requisite to create a  incorporation but other equivalent word be sufficient as here naming  understand and therewith agree b ass p in the prior of Plimptons case and c e  b in the case of the abbot of glastenbury and in none of these book or record  be any mention make of these word farm to raise up c or any other like word  for as it c my Lord coke say that a corporation must have a name but that must  be understand to be either express in the patent or imply in the nature of the  thing as if the king shall incorporate the inhabitant of dale with power to  choose a mayor annual though no name be give yet it be a good corporation by  the name of mayor and commonalty so the city of Norwich be incorporate to be a  mayor and sheriff by the charter of Henry and be call mayor sheriff and  commonalty per holt CJ anon salk S C l raym nom precedent and college of  physician v salmon a raze Entr a b b Br brief Br corporation c Br corporation  d Br action sur Le stat Br plead ill Br assize Br corporation Fitzherbert bar  e Br corporation f Br corporation Br averm a roll b Br corporation c e a  Fitzherbert brief king b way coke report b er p have be say they be only  declaratory word and the effect of they may be do by the owner of the land  without any grant and it be well observe that in old time the inhabitant or  burgess of a town or borough be incorporate when the king grant to they to  have gildam d a merchant in the register b where the writ recite quod cum  inter cteras freedom fellow citizen community Winton per chart ancestor our  quondam king England quas for paper our men to make firm concession sit the  same quod nullus the dawn who to be infra gildam a merchant placitet extra  morum c where gildam signify con tubernium seu fraterntas incorporata and upon  that the place of their meeting and assembly be call the Guildball and I have  see coke b the charter make by king Henry textoribus London by which he grant  to they that they shall have gildam a merchant and a confirmation of it make  by king Henry by which charter they be incorporate and where the opinion of  Fineux in h b and of Prisot in h b be cite at the bar that a corporation  aggregate of many can be a body only without a head that be utter deny for at  first the great part of corporation be body without any bead by force of these  word gildam a merchant and that a corporation may be aggregate of many without  a head vide e annuity e I b e ass ass f h g h a b h h e b a b I e a b nariae  dyer and king it appear by record that Paulinus the first archbishop of York  after he have baptise the inhabitant of Nottinghamshire in the river of Trent  find a collegiate church in Southwell of prebendary consecrate to the virgin  mary which continue a body without a bead even to this day vide for this word  guild or fraternity in the book of entry e c r c the statute of I e of chantry  in which three thing be observe how aware antiquity do always comprehend much  matter in a narrow room that to the creation of a incorporation the law have  not restrain itself to any prescript and incompatible word S that when a  corporation be duly create all other m incident be tacit annex and for direct  authority in this point in e grant it be hold by Brian chief justice and choke  that corporation be sufficient without the word to implead and to be implead c  and therefore diverse clause subsequent in the charter be not of necessity but  only declaratory and may well have be leave out as by the same to have  authority ability and capacity to purchase but no clause be add that they may  alien c and it need not for it be incident to sue and be sue implead and be  implead to have a seal c that be also declaratory for when they be incorporate  they may make or use what seal they will to restrain they from alien or  demising but in certain form that be a ordinance testify the king desire but  it be but a precept and do not bind in law that the survivor shall be the  corporation that be a good clause to oust doubt and question which may arise  the number be certain if the revenue increase that they shall be employ to  increase the number of poor c that be but explanatory as appear in the a case  of Thetford school in the eight part of my report f a to be visit by the  governor c that be also explanatory coke a for in this case the poor which  shall be resident in the house of the charterhouse shall not be incorporate  but certain person in who the possession be vest who shall d vin ab Corp f pl  roll ab Com dig Franche f east e Br corporation f Br corporation g Fitzherbert  brief h Br corporation Br parliament Br patent Br Laches I Fitzherbert grant  Br corporation Br patent king die pl roll roll Rep Leon Leon Nov Davis b l  raze Ent m roll vin ab Corp g Com dig Franche f Bac ab Corp d hob a Poph more  Cr Elizabeth coke report b er p not be resident there but only to have the  general government and order of the poor therein so that this case be out of  the statute of h c and Elizabeth c for b if no visitor have be appoint by the  charter the governor shall visit and the book in e c and ass do not gainsay it  where it be hold that if the hospital be lie the patron shall visit and if  spiritual the bishop shall visit so that every hospital be visitable it be  true but in the case at the bar the poor of the hospital be not incorporate  and so no legal hospital d to make ordinance d that be requisite for the good  order and government of the poor c but not to the essence of the incorporation  the exemption from the ordinary be but declaratory for be a lie incorporation  he neither can nor ought to visit the licence to purchase in mortmain be  necessary for the maintenance and support of the poor c for without revenue  they can live and without a licence in mortmain they can lawful purchase  revenue and yet that be not of the essence of the corporation for the  corporation be perfect without it so that by what have be say it appear what  thing in noble birth be requisite to a complete body incorporate and which be  word operativa in this case which be necessary to be know in every case in the  resolution whereof it appear how necessary it be that the law and experience  shall join with their hand together as to the five objection that no  incorporation be make immediate as the letter patent import nor can be till  the master be name and therefore the charter be repugnant and void to that it  be answer that this objection extend to the subversion of a great number of  incorporation for when a corporation be create by letter patent by the same  patent power be give to the body to choose a mayor alderman or bailiff or  governor or the like and yet they be immediate incorporate by the same letter  patent and therewith express agree blow Com b in a cook case e t b h grant  vouch at large before to saint and d objection vide e aid c e b e grant and it  be true it be immediate by the letter patent a corporation in P  of abstraho   but not in coagulation till the name of the master and a case adjudge in the  king bench mich d Elizabeth rot in person ring be strong urge the governor of  the possession revenue and good hospital EdwardRegis England Sextius bring a  bill of debt of twenty pound against Elias germane the defendant plead that  king Edward coke b recite the care of the city of London for the relief of  poor man and infant to go away mayor civib et partnership London house  mansionatem peremptory or urgent call Bridewell c and there the king declare  his intent that Bridewell shall be find elect c a hospital for the say poor c  idem king ut thought svan melior to take in hand execution and to the end the  land which shall be grant to they shall he better govern per ease litter  patenes to cause to revolve et to order quod hosp prd cum such establish  erectetstabilit fer hospital b ring England Christ Bridewell et S though apost  nomine et to drive to imperpetuum etquod major partnership et fellow citizen  community prd to bore a steersman c et quod the same gubern de ctero make real  et to bore and corpus corporal per nomen steer possess reventiomim et good  hospital b ring England Christ BridewetSt of apost c and further plead quod no  one hospital quale in eisd light pat mentionat post confect prd a letter pat  such establish erectetstabilit to be c upon which the plaintiff demurrer and  upon argument at the bar and bench it be adjudge for the plaintiff b roll h a  c roll ass e ass raym Godolp Abr d where no visitor be express appoint and the  legal estate of the endowment be vest in the governor the latter as to the  management of the revenue be subject to the jurisdiction of the court of  chancery attorneygeneral v Middleton Ves Vid upon the manner in which  corporation may be visit black command Bac ab Corp f kid on Corp chap d Bos  pull send for a and more Leon b before a c Br corporation d before a coke  report a er p for the say ordinance that the say house shall be a hospital cum  such establish c fuer be intend only of the mechanical part of a actual  hospital see of the fit and finish of the hospital house with poor c and this  hospital in intention only be sufficient to support the name of a corporation  and the word de prsenti see quod ii steer de ctero essentetforent and corpus  corporate per nomen c do in law incorporate they present and shall not stay  till there be a actual hospital or till the house be fit or furnish which be  the mechanical part of the hospital see for the habitation of the poor which  be the first thing to be observe by the say judgement vide e aid king Edward  new find a priory and grant to the monk that they may choose a prior and  before the prior be choose W make a lease to one a for life the remainder to  the prior and convent and in a to know facias against a he plead that W be  seize in fee and lease to a the remainder to the prior and convent who be new  find by the king and because there be not yet a prior the right be in the king  until and pray aid of the king and the aid by award be grant and a writ of  procedend come and their a the defendant show that after the aid grant there  be a prior make and ordain in who the right remain and pray in aid of the  prior and he be oust of the aid because he have aid before which prove that  the e remainder in such case be good the second thing to be observe in the say  judgement in the say case of the hospital of Bridewell be that one f  corporation may be make out of another corporation see the mayor citizen and  commonalty of London be create in their politic capacity governor c of the  hospital of Bridewell e b many corporation may be create one out of another as  the dean and chapter of Lincoln be a joint corporation the dean by himself be  a corporation and every of the prebend be a corporation by himself and in a  case so manifest this shall suffice coke a and as to the six objection that  till a hospital be find no incorporation can be for then they wouldbe idle and  mathematical governor it be answer that there be a hospital in potestate and a  hospital in exec also a hospital in potenia and a hospital sharply a hospital  re and a hospital nomin and as to the creation of a incorporation a hospital  potestate potenia seu nomin suffice as one may by letter patent be governor of  a army before there be a army vide h protection and that agree with philosophy  and reason Arist lib de generation say quod dearly to produce meat and that be  true in potestate but not sharply and so a fowl as soon as it be hatch be  winged a to fly because to have to be able to fly though act to fly non to  have so a child as soon as he be bear be call theoretician because he have  power and although he have not and perhaps never will have account sharply and  this be also prove by old record and our book also as in the book of enter  title at the first nod king h quandan house in in loco sive solon at sheen and  abut and bind the soil how to call et nuncu apun acquire to cause to revolve  house jesus de sheen to lead ordinand et fundand et house that quant in Self  fait to lay the bottom et to raise up which be but a nominative house for none  be then build et id precious stone locum et sol prd de sheen ut primar  fundationem devoted to c by which it appear that a void place or soil in which  a house be intend to be build may by the king charter be name a house and this  nominative house shall be sufficient as there it be to support the name of the  incorporation also it appear by mat parish c polidore Virg Chronic chronicor c  the hospital of saint John of Jerusal in England be incorporate in and h and  that of the templar by the name of magister soldier temple et brother Himself  in choke in and h and yet neither the fabric of the temple or the house of the  hospital be find and build send regnant h of the one jord biset a human being  Of et bene moneyed and of the other Heraclius patriarch of Jerusalem be  founder vide canden britain which prove that a void place to support the name  of a corporation may by the king charter be name a hospital or temple and it  be not requisite that re be always truth in the name of the corporation either  of a hospital or of any other body politic king h a royal power Himself accord  to the will of king h grant to diverse bishop Thomas e hob   light Leon Dall f  roll Br corporation dougl Com dig Franche f coke report b er p earl Arundel c  John Fineux and rob read Ch justice I young master of the roll c who be  executor of h quandan peciam terr peremptory or urgent call Le Savoy in the  parish of saint clement and saint mary Le strand ad thought quod the same a  certain hospital inetsuper prd peciam terr peremptory or urgent call Savoy to  raise up to pour et estabilire to be able h the king licence they quodd  hospitable de to make one instructress et chaplain super predict peciam land  peremptory or urgent call Le Savoy to pour hospital cum such foundation to be  shall be incorporate by the name magister Capallanorum coke b hospital h  recently king Aqli de Savoy and yet in truth it be not a hospital in the time  of h but in intention only and yet the king in his charter call it the  hospital of king h and it be admit to be a good name of incorporation by all  those who argue the case betwixt a Mariat et Pascal upon the incorporation of  the say hospital Trin Elizabeth in the exchequer where the case be adjudge or  in the exchequerchamber where it depend by writ of error and therefore in b e  b king there the corporation be prior Hosp S JohanJerusal in England and so c  e Hospilale S lazari de d Jerusal in England which suffice for the name of the  corporation although it be but a fiction S that either saint John which be  saint John the evangelist or Jerusalem be situate in England so instructress  soldier temple Jerusal in England and in the register Prioretfrat consecrated  Mari de monte Carmeli in England so I have see a record that Catharine the  first wife of king h have a licence to find a chantry by the name of the  chantry de monte calvary extra algates land and it be great reason that a  hospital c in expectance or intendment or nomination shall be sufficient to  support the name of a incorporation when the corporation itself be only in P   of abstraho  and rest only in intendment and consideration of the law for a  corporation aggregate of many be invisible immortal and rest only in  intendment and consideration of the law and therefore in h b a dean and  chapter can have predecessor nor successor e a e they can commit treason nor  be e outlaw nor excommunicate for they have no soul neither can they appear in  person but by attorney h Br fealty a corporation aggregate of many can do  fealty for a invisible body can neither be in person nor swear blow Com and  the Lord berkeleys case it be not subject to imbecility death of the natural  body and diverse other case a thing which be not in be but in apparent  expectance be regard in law as a bishop who be elect before he be consecrate a  f infant in his mother womb before his birth c e Bre e voucher e e e qua  hinder so for the name of a corporation it be sufficient to name a place in  England by the name of Jerusalem mount Calvary mount Carmel Bethlehem c a  strong the name of a spacious and goodly house well and actual build by the  name of a hospital be sufficient for that import truth and certainty by which  it appear that in the case at bar there be a lawful corporation of the  governor c create and institute by the king charter and by consequence as well  any person in England as Sutton may give and grant to they before any  foundation lie or to be lie by Sutton as it be imagine he ought to have do  before they be capable c but that be clear answer and confute before and in  truth hc to read out be confutasse coke a as to the that objection it be to be  know that in law there be two manner of foundation one foundation to take hold  the other foundation to achieve and therefore quatenus ad capacity et  habilitatem the incorporation be metaphoric call the foundation for that be  the beginning as a foundation quasi fundamentum capacity precede the whole and  therefore in a h a a writ be bring against John Arden a more Leon Anders hob  postea b b Fitzherbert to know facias Br corporation c e b Br corporation a  roll e Br corporation Br utlagary e a Br fealty l h p c vin ab Corp h   b    light b   a f roll Rep   light a   a car hob e l brief e Voucherl h a roll a  Br corporation oh Br misnomer l Fitzherbert brief coke report b er p abbot of  saint John baptist of Colchester the defendant plead that before time of  memory foundation be make of the same place per nomen abbot ecclesiastical  monast de S john de Colchester c where foundation be take for incorporation e  e a h a b h a in the dean and canon of Windsor case and diverse other book  agree with the same send quatenus ad endowment the first gift of the revenue  be call the foundation and he who give it be the founder in law for  particularly foundation be quasi fundi giving over and the first gift be  fundamentum endowment seu comparison et appellation fundi cedificiumetager to  hold together and that be prove by the statute of c west c si abbate earlier  times custodes hospitaletaliarum to domesticate religiosar fundatar ab Self  ring well a ancestor nest alienaver well de ctero tenem house Self ab Self  well a ancestor nest joining of battle c in which be observe that in respect  of tenement collate or give by the king the house be say to be find by the  king but more full in the clause follow in the say Act si autem house that a  comite baron well ab other to lay the bottom to be to have that a quo c  tenement such avoid collat fuer br e ad recuperand c where the collation or  gift of the tenement be call the foundation and where the founder bring the  say writ of contraformam comparison the writ of prd quod To give back mesuag  quod eid to domesticate collat fuer vide h f n b Vet n b ass p he who give the  first land be the d founder because to pour in that sense nothing all be how  farm dare and therewith agree e corrodie in a writ of prohibition where a  common person be founder of a hospital the writ as appear in the register a  say hospital consecrated egidii leprosor de Burton per antecessor b son l ad  sustentation leprosor et another pauper et to weaken ibidem totum in temporal  et nothing in spiritual establish step forth and ibidem a the like writ where  the king be founder cum hospital our men establisher harmless juxta Lincoln de  fundatione race for our king England c de terris et possession pro  sustentation pauper et to weaken in eod hospital to spend dotatulm to step out  in which it be observe that where the first writ say establish this writ call  it provide with a dowry e b the abbot of liram bring a to know facias against  the dean of Woburn where the dean say he hold of the patronage I e of the king  foundation and pray aid of he and have aid and there come a writ of procedendo  and it be challenge because the writ say of the patronage coke b and not of  the collation and it be take all one e e aid the dean of Stafford case the  deanery be say to be of the foundation et by a little post of the collation of  the king e in sirach case by the foundation the land be amortised vide e ass e  a f e b a e g e b e the earl of Richmond case h e and therefore it be resolve  that if the king have incorporate the poor of the say hospital Sutton need not  have make any instrument comprehend any foundation erection c but his gift of  the land be the first gift have make he a founder and the very first donation  be all the foundation which be requisite in law and to the erection of a  hospital c there be not in law any thing requisite but incorporation and  donation and in the report I have omit all the argument which be make at large  on both side upon one common ground where one act at one instant shall enure  to diverse intent distinct in time some hold that the bargain and sale amount  not only to a dotation but also to a foundation and other all man e contra for  it appear to you now without question that the first dotation be the  foundation and yet in that also a difference be necessary to be well  understand S when the king express the word design the place appoint the  number and give they a name by his charter so that it be a complete  corporation there the founder or donor have nothing to do but to make the  dotation without any instrument comprehend these word b farm to raise up b  Fitzherbert brief c Inst d Br presentment a IEsglise Inst roll e e aid de roy  f corody g Fitzherbert aid de roy Br aid de roy Fitzherbert Br a roll Br  presentm a lEsglis Inst b before a a roll coke report a er p to make firm c or  other the like word for the common person who be the founder in such case have  nothing to do in the work of incorporation but when the c king by his charter  reserve as well the nomination of the person as the name of the incorporation  to a common person who shall be the founder there he ought to name the party  and declare by what name they shall be incorporate and there many time  although it be superfluous he use these word farm to raise up c or such like  and when the common person have do it and declare it in write accord to his  authority then they be incorporate by the king letter patent and not by the  common person for he be but a instrument and the king make the corporation in  such case in the same manner as if all have be comprehend in the letter patent  themselves for it be true that none d but the king alone can create or make a  corporation as it be hold in e a ass but e who per other compose per see Self  to make to see vide for this difference e b e grant f h a b coke a title grant  h and as to the eight objection against the nomination of the master it be  resolve that it be good for Sutton have liberty at his will and pleasure to  nominate he and when he be nominate he be master by force of the say letter  patent and be now as if he have be name in and by the letter patent themselves  at first and the other part of the objection be answer before and as to the  objection against the bargain and sale it be first resolve without question  that money give by the governor or any of they as private person be a good g  consideration to grant the land to they in their politic capacity but the  indenture import that they pay it as governor and by such name they be acquit  by the indenture also there be h twelve penny rend reserve to Sutton and his  heir which be a good consideration although in the habendum a trust be declare  that without question can make the bargain and sale void but the conveyance be  by bargain and sale be wise make to declare the confidence and trust and as to  the three that be clear answer and resolve before and as to the last objection  SC that in plead these governor can plead that they be seize in jure hospital  because there be not any hospital incorporate nor in be at the time of the  incorporation to that it be answer and resolve that the plead shall be that  they be seize in their demesne as of fee a in jure incorporationis sum and so  it be plead in the say case of the cook of London in blow Com vide  Fulmerstones case also in blow Com vide b e the case of custos altar he count  that he be seize c in jure altar and as to the precedent which be show it be  answer that there be many clause insert in charter as well of the king as  other ex experience a clergyman which be not de necessitate law but some  declaratory and explanatory and some prolix and nugatory but law many men  prficientia et prficientia few to bind together and all the judge who argue in  this case except the two aforesaid conclude against the plaintiff and those  two different opinion assent also to the judgement so that by the assent of  all the say judge c nullo to speak against judgement be give against the  plaintiff and the Lord Ellesmere Lord chancellor of England hear all the  argument at the bar and bench agree also in opinion with the judge and so this  great work of charity have taste of such charity which ought to be in judge  which be declare in the statute coke b of d west cap ult mask omni tempore  when necessary to be c roll d roll Anders Br e   light a Bulst day a f  Fitzherbert grant Br patent g roll Inst summa charity be to make the whole of  the laws omnibus and there be a good rule for these governor corporation Br  prescription Bulst godb latch h before a   a a roll Rep Mod Rep a Doctrin  placit b e a c before b d W c Inst   light a   b coke report a er p and all  such corporation which be express in the statute de Templariis year e in these  word ita always quod pia et frequented will giver in omnibus to hold et to  fill up et without interruption to make sacred to abide and sir Thomas Fleming  Knt after the first day this case be argue fall sick of which sickness be  afterward die so that he never argue this case this sir Thomas Fleming be  first a sergeant at law and afterward solicitorgeneral to queen Elizabeth and  to the king that now be for the space of twelve year and then be prefer to be  chief baron of the exchequer after the death of sir William periam and  afterward advance to be chief justice of England after the death of sir John  Popham all which place he discharge with great judgement integrity and  discretion and be well deserve the good will of all that know he because he be  of a sociable and a placable nature and disposition which case I have report  the more at large for three reason for the confirmation of incorporation find  for work of piety and charity in time pass for the better instruction how they  which shall be find hereafter shall be so establish that no exception may be  take to they for the resolve of certain opinion and question which be move at  the bar and which may have disturb the peace of the law in the argument of  this case many other authority be cite know e e e e e e e e e Nonabilite e  coroner e e aid e ass r breve h h h h h h h e e e lib lilt h h h h h h h Br  Corp mark die Elizabeth dyer a the case of the college of Grainstock Elizabeth  dyer the case of the college of Landebrevy pi Com Grendons case hill Elizabeth  rot sir Fr Fleming case in common banc the name of the governor nominate by  Sutton and express in the say charter be the most reverend father in God  George archbishop of Canterbury Thomas Lord Ellesmere Lord chancellor of  England Robert earl of Salisbury John bishop of London Lancelot bishop of Ely  sir Edward coke Knt then chief justice of the court of common plea and now  Lord chief justice of England sir Thomas coke a foster one of the justice of  the court of common plea sir Henry Hobart then the king attorneygeneral and  now chief justice of the court of common plea John overall dean of the church  of saint Paul in London George mountain dean of Westminster Henry Thursby one  of the master of the chancery Jeffere nightingale Richard Sutton John law  Thomas brown and the master of the say hospital for the time be and after the  death of the say sir Thomas foster one of the justice of he court of common  plea who be a grave and reverend judge of great judgement constancy and  integrity sir James Altham knight one of the baron of the exchequer be accord  to the say charter of one mind general consensus choose in his place and the  say master of the hospital who Sutton have nominate durante bene plea our lord  the king after the death of Sutton by his letter patent have nominate for the  term of his life