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A63916 A second representation of the hospitaller of St. Thomas Southwark's case in an humble address to the Right Honourable Sir Thomas Pilkinton, lord mayor of the city of London / by J.T. Turner, John, b. 1649 or 50. 1689 (1689) Wing T3316; ESTC R26335 41,508 50

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Parliament is sitting and is considering even of further Securities to obviate the dangers arising from Popish Recusants Provided also that any Person who by his or her neglect or refusal according to this Act shall lose or forfeit any Office p. 146. may be capable by a new Grant of the said Office or of any other and to have and hold the same again such person taking the said Oaths and doing all other things required by this Act so as such Office be not granted unto and actually enjoyed by some other person at the time of the re-granting thereof Therefore either this Act is not good Law which I know your Lordship as well out of piety and zeal to the Protestant Religion as for other Reasons will be very far from allowing or Mr. Hughes cannot be restored by any thing less than an Act of Parliament made in his behalf in prejudice to me The last thing which I shall mention to prove that the Hospitaller's place though Mr. Hughes had been in Orders as he was not comes within the Obligation of this Act shall be taken from this Consideration that the place is of a mixt nature and is not wholly Spiritual or Ecclesiastick I shall lay down the full and entire Description of it as I find it in the printed Orders of St. Bartholomew's Hospital above cited which are the same with ours as to the nature of the respective places and the Obligations depending on them and then leave it to be considered whether Mr. Hughes in his Oeconomical Capacity whatever becomes of his Sacred receiving Wages from the King was not equally obliged to take the Test with a woman in Office whose Office can hardly be said to be civil in any other than a very large and comprehensive sence of that word or with an hired Servant of the King's Houshold or an Officer of his Customs or Excise or a Non-commission Officer of a Ship receiving Pay from the King or from those that act by Authority derived from him The words of that Book are as follows p. 17. The Office of an Hospitaller YOur Office is chiefly and most principally to visit the poor in their Extremes and Sicknesses and to minister unto them the most wholesome and necessary Doctrine of Gods comfortable Word as well by reading and preaching as also by ministring the Sacrament of the holy Communion at times convenient To receive also into this House of the Steward to the use of the same poor such Victuals and other Provision as by him shall be provided entring the same into your Book and safely to keep them to their Vse Also to deliver unto the Cook of this House from time to time so much of the same Victuals as shall be needful for the present time to be dressed for the poor and the same being dressed to see seasonably and truly delivered and distributed unto them Also whensoever any poor Person shall be here presented or sued for to be admitted into this House you shall receive the same Presentation calling unto you two of the Chirurgeons of this House to view and examin the Disease of the said Person whether it be curable if they Judge it curable then you by a Bill of your Hand to certifie the Name and Surname of the said diseased Person unto the Almoners or two of them at the least desiring them to subscribe their Names thereunto and that being done you to keep upon a file the same Bill for your VVarrant And then ye shall commit the same poor to the Matron of this House to be placed accordingly as the Case shall require Also at the Admission of every poor Person into this Hospital ye shall enquire what Mony or other Things of value he or she hath and the same together with his or her Name to enter into your Book and you to receive and safely keep the same to the Vse of the same poor to be delivered again unto him her or them when they shall be cured out of this House And monthly to deliver to the said Almoners a Copy of your Book of Entrances that they may register the same in the Book of their ordinary doings And if such poor fortune to decease and dy in this House then you to deliver all such Mony and other Things as shall be in your Custody to the Treasurer of this House for the time being entring the same into your Book to be committed and disposed to the Vse of the poor And as often as any of the poor shall be cured and made whole you with the Chirurgeons to present them to the Almoners of this House at their next Assembly here and to register in your Book their Names and Surnames of them and every of them with the Day and Year of their delivery and departure out of this House And at their departure to give them a Pass-port to be made according to the Precedent and Form that is expressed in the End of this Book c. It is true indeed that all the burthen besides what is Spiritual is now by Custom taken off of the Hospitallers shoulders but yet still the original Charge deriving from the sacred and indispensible Will of the Founder is the same and he is to see that they that in many of these things are but Substitutes acting under him though appointed by the Governors or by the King thereto be not wanting in the discharge of the Trust committed to them and this implies likewise that he should be resident which Mr. Hughes never was and consequently could not see to the Management of the House it implies likewise that he ought not to be allowed to supply this place by a Curate as he intends to do because he cannot transfer the authority committed to him neither can the Curate by virtue of any such delegated Power correct or set right the abuses if any such shall happen of the Steward or other Officers who are more or less under his Charge and indeed if there were nothing but the Spiritual concern to be considered yet it is so great a Trust of that kind where there are so many sick and so many wicked People that it is easie to be discerned that his actual residence at or near the Place can never be excused or dispensed with upon any pretence whatsoever unless it be such as our Statutes of Christ's College in Cambridge call gravis aegrotatio or violenta detentio a constraint laid upon him by sickness or by force It was the Will of the Founder that it should be a Civil or Oeconomical Office as well as a Spiritual and therefore it is so still and he is paid his Wages upon both of these accounts notwithstanding the ordinary and immediate care of some things be by custom and length of time devolved upon others that he may be the more at leisure to attend to his Spiritual Charge I have still further to add as to the business of Pluralities that the Law makes a Living of