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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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no reason and against a great many and all by those who are not the proper and immediate Judges to whom the determination of his Cause belongs I see not but a Tenure from the Wind and Weather may be every whit as certain and as firm as this and I perceive I was mistaken when I valued it at a Years Purchase when in reality it is not worth one day Suppose my Lord that the Living of St. Thomas's had not been united to the Hospital in my Person would you then have stript me of this my only dependence for the sake of so small an advantage to Mr. Hughes as it is so plainly demonstrable this will amount to And yet if in strict Justice you had been obliged to do it you would have been equally obliged in that Case as you are in this but if you are not obliged in strict Justice to deal with me after this manner then I hope you will reflect upon the Reasons of Equity which I have offered on my behalf and upon the many Arguments that strike with so much force and unanimity against his Pretensions and shew so plainly beyond all Exception that there is nothing but Injustice and Malice on his part nothing but Fairness and Honesty on mine Besides that he cannot be resident upon both Places at once if he supplies this Place by a Curate as I am just now informed he is about to do and I know the Person who it is * One that cannot attend the Hospital at any time but on Sunday that I hope you will not and I am very sure in so inconsiderable a Preferment but yet requiring so great and constant attendance as this does you ought not to allow Sisters and Cooks and Butlers Helpers have been heard of in this House but the Hospitallers Helper and that in his absence too was never heard of before but if he resides here which I am morally certain he will never do and puts a Curate into his other Place this is directly opposite to the Law against Pluralities which will not permit a Man to be absent and resiant forty Miles from any of his Cures Let us suppose again my Lord I beg your Lordship to excuse the plainness of the Comparison that at the time when you were pleased to make an Order for me to resign up my Place to Mr. Hughes and as I have been inform'd in case of Non-obedience to the said Order on my part that Mr. Hughes should have all past Arrears and all growing Profits becoming due for the future that you had further ordained that I should deliver up my Books and whatsoever else I had in my Possession to him Would it in this Case have been interpreted a Contempt to the Court of Aldermen if I should refuse to do as that Order appointed No certainly but all Men would purge and vindicate me by saying that your Lordship's and the Courts Jurisdiction did not extend so far and that it was no Contempt of a lawful Authority not to obey an Order that was illegal and ●●ceeded the just bounds and measures of the Court from whence it proceeded so that to apply this matter to the purpose I beseech your Lordship and the rest of the worthy Gentlemen concerned to consider first seriously whether your Order be legal and within the Jurisdiction to which you may justly pretend before you accuse me of a rude Contempt or affronting Disobedience to so great and honourable a Court a thing which I will never be guilty of to any of my Superiours to the best of my Understanding so long as I live and upon this one point my Lord the whole Controversie turns whether your said Order which I cannot help saying is very far equitable be so much as strictly legal or no. And to all this it is still further to be added that Mr. Hughes having received his just doom of ejection from above made his actual Resignation before a general Court and I at the same time was actually substituted in his Room and Place and he afterwards made a Sale of the Furniture of his Chamber to me which I accordingly paid him for So that here were all the Signs and Indications of a voluntary Resignation on his Part who did not stand it out as thinking himself injured as I have done and all the Formalities of a legal and orderly Possession on mine which Possession I am still desirous to keep till I am legally ejected from it Another thing which in point of Argument I shall insist upon shall be taken from an Act of Parliament 25. Car. 2. and entituled an Act for preventing Dangers which may happen from Popish Recusants and in the Preface of the said Act the design of it is said to be for quieting the minds of his Majesties good Subjects by which Act it is ordained and enacted that all and every Person or Persons as well Peers as Commoners that shall bear any Office or Offices Civil or Military or shall receive any Pay Salary Fee or Wages by reason of any Patent or Grant from his Majesty or shall have Command or place of Trust from or under his Majesty or from any of his Majesties Predecessors or by his or their Authority or by Authority derived from him or them within the Realm of England c. or shall be of the Houshold or in the Service or Employment of his Majesty c. should within a time limited be obliged to take the Oaths of Allegiance and Supremacy and also to receive the Sacrament of the Lords Supper according to the usage of the Church of England publickly on a Lords day commonly called Sunday immediately after divine Service and Sermon within a certain and prefixed time and further at the making and taking of the Oaths aforesaid they should likewise make and subscribe a Declaration in Manner and Form as by the said Act is ordained under the same Penalties and Forfeitures as are appointed by it which said Penalties and Forfeitures were two-fold First that all and every the Person or Persons aforesaid that do or shall neglect or refuse to take the said Oaths and Sacrament in the said Courts and Places and at the respective times aforesaid shall be ipso facto adjudged incapable and disabled in Law to all Inrents and Purposes whatsoever to have occupy or enjoy the said Office or Offices Employment or Employments which shall be void and are hereby adjudged void Secondly it is further enacted that all and every such Person or Persons that shall neglect or refuse to take the said Oaths or the Sacrament as aforesaid within the Times and in the Places aforesaid and in the manner aforesaid and yet after such Neglect and Refusal shall exercise any of the said Offices and Employments after the said times expired wherein he or they ought to have taken the same and being thereupon lawfully convicted c. every such Person or Persons shall be disabled from thenceforth to sue or use any Action