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A63920 A third representation of the case of the hospitaler of St Thomas wherein the point of law is argued and discussed, humbly addressed to the right worshipful the president and the court of the governours at their next general meeting. Turner, John, b. 1649 or 50. 1689 (1689) Wing T3318B; ESTC R26336 7,700 12

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A THIRD REPRESENTATION OF THE CASE OF THE HOSPITALER OF St THOMAS WHEREIN The Point of Law is Argued and Discussed Humbly Addressed To the Right Worshipful the PRESIDENT and the Court of the GOVERNOURS at their next General Meeting Necdum finitus Orestes Printed in the YEAR 1689. CLEANTHES apud Epictetum in Enchiridio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Idem ex Versione Senecae Epist 107. Duc me parens celsique dominator poli Quocunque placuit nulla parendi mora est Assum impiger fac nolle comitabor gemens Malusque patiar quod pati licuit bono A THIRD REPRESENTATION OF THE CASE OF THE Hospitaler of St. THOMAS c. THE true decision of the Controversie depending betwixt Mr. Hughes and Mr. Turner is very plain and easie to any man that will consider it upon right Principles For all the question is Whether the Kings and Queens of England for the time being are the Supreme Visitors and Disposers of this House and its Affairs and Officers or no for upon supposition that they are what the King doth by his Commissioners acting by his Authority and not exceeding the Powers committed to them he doth by himself and if there be no appeal from the King if he be invested with a legal Power to visit this House whenever there is occasion or whenever he thinks or judgeth that there is without appeal which cannot be admitted without supposing a superior Judge then there can be no appeal from the Commissioners neither tho they should exceed the Powers committed to them but only to the King because they are immediatly constituted and authorized by him who is the supreme and therefore cannot be subject to any inferior Jurisdiction or Authority whatsoever That the King hath actually such a legal Power of visiting and inspecting the management of this House appears first by its being a Royal Foundation endowed and constituted by Edward the Sixth And secondly by the express reserve in the Charter or Instrument by which this Royal Charity was consigned and conveyed in which there is an appeal reserved and a power of Visitation granted to the Kings and Queens of England for ever Thirdly the same thing appears from the nature of the Charity which was for the relief of their Majesties poor Subjects and more especially of those who are sick or wounded in their particular service and in the defence and maintenance of their Country and the deceasing King or otherwise resigning or relinquishing his Government doth with his Crown and Scepter with his Imperial Diadem his Prerogatives and Territories his Throne of Majesty and his Royal Robes transmit the Cares that were lately incumbent upon himself So that every new Royal Hospital that is founded for the good in general of the infirm and sick and more particularly of those that are so in their Majesties and their Countries service becomes a new part of the Regal Administration and his Dominion the most easie and natural the most charming and delightful part of it is in some sense enlarged by every such new Foundation But there is nothing certainly more contrary to Sense or more abhorrent from Nature than to suppose a King sitting with his hands tied under his irksome Canopy of State and looking like an unconcern'd or which is still worse an impotent Spectator while the Charity of his Royal Predecessors is either abused to ill purposes or managed by Persons that are unfit for their charge or undeserving of the same And if this be so absurd so monstrous so very irrational and strange a thing then is it that sort of demonstration which the Schools call per absurdum it is an impossibility in Politiques whatever it be in Nature a thing that can never be supposed on the one hand or granted on the other that the present King or Queen should not always be intrusted with a power of Visitation in case of such abuses or in case they are of opinion that any such are committed in all the respective Charities and Endowments of their Royal and glorious Predecessors the fragrant and sweet Odor of whose happy Memory ought not to be choaked or stifled or corrupted by the imbezeling or abusing of their Princely goodness through any legal impotence or disability in those that succeed to their Imperial Fortune either to prevent or remedy so great a Mischief That the King should found an Hospital and take no immediate care of it when he hath done especially when Abuses creep into the Constitution and begin to make Flaws and Cracks in the building he hath erected is a Piety plainly inconsistent with it self and it would be still more strange that he that had been at the charge care and contrivance of the Foundation that had endowed it ordered it setled and established it upon a Rule and Platform not to be transgressed not to be changed or altered in any wise or manner whatsoever and that had taken care during his own Life or Reign that all those Measures should be exactly observed that were for the good and reputation and promoted the design of this his Christian Munificence and Bounty should after his decease put it out of the power of his Successors for ever to enquire any longer into the management of the trust let it be never so much neglected or abused because this would imply a negligence so much greater in him and so much more inconsistent with his own declared design in erecting and contriving an establishment of this nature as all after Ages are in proportion bigger and longer than the present to the last end of the World. A tacit consent in this Case would be sufficient nay an express prohibition would be of no avail because there is a plain trust lodged in the nature of the thing and the supreme Power is bound by virtue of its publick intention for the common good to see that all publick Trusts be not abused and when they are abused that is the Judge because otherwise it cannot exercise it self only if the Prince in a mixt Monarchy and in the intervals of Parliament doth any thing by himself or his Commissioners to the injury of his Subjects there lies a natural Appeal to that Assembly or to that part of it which is the supreme Judicature and the last resort for the obtaining of right and if Mr. Hughes pleaseth to carry his Business thither Mr. Turner will not fail to tread upon his Heels and follow him thither in a succeeding Track tho for treading in his steps he desires to be excused A Royal Endowment doth naturally imply a Royal and equally Majestick Visitation But besides what it is in Argument it is true in Fact that the Kings and Queens of England for the time being have visited and inspected the Affairs and Officers of this House as often as there was occasion As for the two last Reigns I know it will be urged that the Regulations that