Legacy and Law: The Founding of Sutton’s Hospital in Charterhouse

When Thomas Sutton bequeathed his vast fortune to establish the Charterhouse charity in 1611, his sudden death that year sparked intense legal and political battles. Discover how early Governors navigated these obstacles to build a philanthropic legacy that endures today.

In March 1611 Thomas Sutton purchased the Charterhouse, an aristocratic mansion on the edge of the City of London, and the site of a former monastery.  His intention was to transform the mansion into a new charity comprising a ‘hospital’, as he called it, and a school.  The foundation of the charity was confirmed on 22 June 1611 when a Letters Patent was issued under the Great Seal of James I.

Sutton composed his will later the same year leaving most of his great fortune to the charity and died in December of that year.  Over the next three years the trustees of the charity, known as the Governors, set about enacting Sutton’s wishes – converting the Charterhouse for a new community of 80 almshouse residents and 40 scholars.  The first beneficiaries of the charity took residence in 1614.

The foundation of the charity was far from straightforward, with a variety of legal challenges to Sutton’s will, and the interpretation of Sutton’s legacy was largely left to the charity’s early Governors.  Thomas Sutton’s will aimed to benefit a variety of different communities and causes. He allocated “£20 to buy a bell for Balsham steeple,” and contributed to road repairs outside of London, allocating “£66.14 to the amending the road between Walden and Great Lynton in Cambridgeshire.”

This indicates that Sutton did not only intend to leave a charitable legacy behind in London through the establishment of his hospital, but also aimed to improve many aspects of society through the holistic and national provision of charity.

It is important to note that Sutton may well have imagined he would be alive for the establishment of his charity.  He bequeathed “£5000 to the building of his intended hospital, chapel and schoolhouse, if he does not live to see it performed in his lifetime.” Sutton intended to develop the Charterhouse prior to his death, so it is reasonable to assume that had he lived longer, he would have managed his charity and continued to provide acts of national philanthropy.

The foundation of the Charterhouse as a charitable institution proved controversial;  its location in London, rather than Essex, created anxiety about its moral and financial viability. Critics feared schoolboys would be negatively influenced by exposure to a ‘morally corrupt’ city.  The most significant obstacle to foundation confronting the Governors however were the legal disputes around Sutton’s will.

The first formal challenge emerged from Simon Baxter, Thomas Sutton’s nephew, in February 1613. Legally his position was untenable as he had not been disinherited but merely granted less than he expected to be: “I give Simon Baxter… three hundred pounds of my lawful money.” Sutton had safeguarded his vision by inserting a clause whereby “any persons who impugns or contests the will shall forfeit any legacy or advantage from it.”  Sutton was so steadfast in his desire for his plans to be carried out that he ensured mechanisms to defend his wishes against his relatives were built into the documentation.

Even before the arrival of the first Brothers, it was apparent that administrating the Charterhouse was as much a matter of political negotiation as it was of philanthropy.  A prominent public critic was the lawyer Sir Francis Bacon, who declared that the almshouse would fail because few would willingly reside in a “corporation declared for beggars.”  Bacon proposed that the money could be used to fund preachers in regions of England deemed religiously backwards.  Baxter’s legal challenge to the foundation failed and Bacon’s criticisms were dismissed. By1627 the charity was found to have been properly incorporated.

Since its establishment in 1611, the Charterhouse has embodied the charitable ethos of its founder, adapting his vision as fitting for the age. Today it seeks to align Sutton’s founding ideals with visitor and commercial offers. The Charterhouse is also well positioned to advance Sutton’s vision of wide-reaching charity by strengthening its connections with the surrounding community. Though Sutton may have emphasised the welfare of the ‘Brothers’ and ‘Gown Boys’, his underlying aim of fostering a supportive and educative environment continues to be evident in the charity’s activities today, including in the sharing of the Charterhouse’s history through the Visitor Centre.

Given the purchase of the Charterhouse occurred so shortly before Sutton’s death it is reasonable to assume he intended to play more of a role in the foundation of the charity than he did.  Nevertheless, when taken in its broadest sense Sutton’s vision for community to support those who had fallen on hard times and provide a comprehensive education for young boys has been sustained through the continuous adaptation and dedication of those managing the Charterhouse.

 

Research by Isabelle McElvanney and Megan Honey.

The Charterhouse hosts week-long student placements in partnership with the Oxford University Careers Service Micro-internship programme and the Crankstart Scholarship programme, helping students gain experience of curatorial research in heritage.

Each term, we set a group of students a series of research questions relating to the Charterhouse and support them in identifying historical sources and interpreting their findings.  In return, we get a set of research reports from the students, uncovering fascinating stories from history. 

Comments

1

Recent comments

Leave a comment