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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

indispensably upon him for they are many times without disparagement to any honest Man of any dissenting Persuasion Wolves in Sheeps Clothing the very first beginnings of Separation and Division from the Church of England were from the Church of Rome as your Lordship may be satisfi'd by the Perusal of a little but very useful Book entituled Foxes and Firebrands wherein this is made out by undeniable Matters of Fact that will not bear any Shadow of Dispute The Congregation de propagandâ fide at Rome have determined this to be the most effectual Way to restore the pretended Catholique Religion to sow Divisions and Animosities among those that have separated from it and have forsaken that Superstitious and Idolatrous Communion and the late Project of an universal Toleration endeavoured first by Coleman as appears by his Letters that were produced at his Tryal and owned by himself and since published and afterwards put in practice by others of the same Party for the same reasons is a sensible demonstration of which we are all Witnesses that in the Judgment of the Papists themselves the Protestant Religion in general is highly endangered by the disagreements of Protestants among themselves and that not only by those Feuds and Animosities which do but too naturally arise from a religious dissent through the heat and zeal of the contending Parties but also by the secret practices of Seminaries and Popish Priests who appear in all shapes and have their Incendiaries every where to blow up every coal wheresoever they see any thing of combustible Matter that hath but never so faint a possibility of being improved into an actual Flame I do not say neither do I indeed believe it that Mr. Hughes is a Papist or so much as Popishly affected though such Tools as he may drive on Popish Designs without so much as knowing that they do so But this I say my Lord that this Act being made expresly after many other Provisions of a like nature for the preventing of dangers that may happen from Popish Recusants and for the quieting the Minds of his Majesties good Subjects and the only Reason why Clergy men or Ecclesiasticks or Spiritual Persons in the legal sense are not as such obliged by this Act to give the security required by it in manner and form as is prescribed being that they were beforehand with the Act it self and were all of them under very strong antecedent Obligations to give undoubted satisfaction so far as Oaths and Subscriptions can oblige Men of their firm adherence to the Protestant Religion and Interest It follows unavoidably that Mr. Hughes who received a Salary from the King for the discharge of a Trust having never given that security which the Government required from all that were so trusted and so paid and being besides a suspicious Person upon account of his dissent there having been several such that were Priests and Seminaries of the Church of Rome I say it follows inevitably that he must needs come within the reach of this Act for the preventing of dangers that may happen from Popish Recusants and for the quieting the minds of his Majesties Good Subjects and that for not doing as that Act required he hath incurred the forfeitures and disabilities arising from the Breach and Violation of it I take it that all the Officers belonging to this House receiving Wages or Salary by virtue of a Grant or Patent from their Majesties Royal Predecessor and by Authority derived from it were obliged to take this Test and for not doing it all Mr. Hughes his Collegues as well as himself were legally incapacitated to hold their respective Employments but this for the Reasons that have been mentioned concerns Mr. Hughes much more than it doth any other For it is plain the makers of this Act thought there was no security that might be rely'd upon that a Man was no Popish Recusant but by doing subscribing and swearing as that Act requires and how dangerous it must needs be to put though but a suspected or a possible Papist into such a Post as his where there are continually so many not only sick but dying Persons I leave your Lordship and all Protestants to determine and I appeal to all the World whether a profest Papist might not every whit as legally have been chosen into this House in Mr. Hughes his Station as Mr. Hughes himself in a religious Post having the cure of the Souls of this Hospital committed to him receiving Wages out of the publick Revenue for his Service and not giving that security which the Act requires Neither doth it signifie any thing in this case that we are all hired Servants as the printed Ordinances of St. Bartholomew's Hospital do expresly call us and that we are all Printed at London 1652. p. 1. of us dependent upon pleasure notwithstanding as I have said we may lay claim to an equitable Right for just so are most of the Officers of the King's Houshold as also of the Customs and Excise and yet they shall be and they are all of them in common practice obliged to take this Test by virtue of this Act meerly upon account of their receiving Wages and Salary from the King let their Places be never so arbitrary and dependent and in case of Competition for Example betwixt Mr. Hughes and me the one to be continued in his Possession the other to be restored I suppose these three things will be granted first that he that was legally elected into his Possession being of that Communion that Order of Men of which he ought by Law to be is preferrable to him that was not in point of right though the tenure be only durante beneplacito because that beneplacitum can never extend to any thing repugnant to or inconsistent with the Law. Secondly That he that after Election did within the time limited qualifie himself by doing those things required by this Act for the peaceable Enjoyment of his Place hath also another Title which the other wants so that he is in two respects preferrable before him and ought to be considered without regard to the other by all that will make the Law the measure and rule of their Actions Thirdly It is no less plain from the words of the Act it self that Mr. Hughes having formerly incurred a disability though he have possibly since taken this Parliamentary-Test yet he cannot be restored to his Place again in prejudice to any that was substituted in his room and had an antecedent Qualification for the Place by virtue of his being actually in Holy Orders according to Law and a Subsequent by doing within the time limited as this Act required for these are the very express words of the Act it self and I hope your Lordship and the Court of Aldermen will not think it fit or reasonable to dispense with an Act of Parliament an Act of such Consequence as this is for the security of the Protestant Religion at the very time when the

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