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A25721 An appendix to the queries upon the 25th of Hen. VIII, Cap. 21 containing some further considerations in behalf of the late illegally ejected officers of the Royal Hospital of St. Thomas Southwark, chiefly grounded upon certain passages in the grant of King Edward VI to the mayor and commonalty of the city of London : wherein the royal perogative as to the visitation and regulation of that and other hospitals is vindicated and asserted : and the late regulations in the time of King Charles II are more particularly consider'd and defended. 1690 (1690) Wing A3576; ESTC R25889 16,253 17

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AN APPENDIX TO THE QUERIES UPON THE 25th of Hen. VIII Cap. 21. CONTAINING Some further Considerations in Behalf of the late Illegally Ejected OFFICERS of the ROYAL HOSPITAL of St. THOMAS SOUTHWARK chiefly grounded upon certain Passages in the GRANT of KING EDWARD VI to the MAYOR and COMMONALTY of the CITY of LONDON WHEREIN The ROYAL PREROGATIVE as to the Visitation and Regulation of that and other HOSPITALS is Vindicated and Asserted And the late Regulations in the time of KING CHARLES II. are more particularly consider'd and defended Assentatio vicina est imbecillitati veritas divinum quiddam omnipotens habet LONDON Printed for the Author M.DC.XC The PROVISO of the 25 H. 8. c. 21. THat it shall not be lawful for the Archbishop of Canterbury or any other Person or Persons to visit or vex any Monasteries c. Hospitals Houses or other Places Religious which be or were exempt before the making of this Act but that Redress Visitation and Confirmation shall be had by the King's Highness by Commission under the Broad Seal to be directed to such Persons as shall be appointed requisite for the same An APPENDIX TO THE QUERIES 1. THE Orders by which the several late ejected Officers of the Royal Hospital of St. Thomas Southwark were admitted into their respective Offices and Employments in the time of King Charles II. run thus At a meeting of the Commissioners appointed by His Majesties Letters Patents for Government of the several Hospitals of this City as will appear by the Book of Entries where the respective Orders are set down in the Town-Clerk's Office at Guild-Hall which seems to be a clear Argument that though the Authority were the same in both Cases whether we consider the administration of the City it self whose Charter was now actually voided or the Government of the several Hospitals belonging to it that is to say the King 's and though the Persons acting under it and by virtue of it were the same too that is to say the Lord Mayor and Court of Aldermen for the time being and such other Lords and Gentlemen of the long Robe as were named in the Commission yet the said Commissioners did not look upon the root and foundation of that Authority under which they acted to be in both Cases the same as in very truth it was not for one the avoidance of the City Charter which was the foundation of their Power in the administration of the City by Commission depended merely upon the King's Prerogative which it hath been matter of dispute whether it would extend so far or no the other the Visitation and Government of Hospitals belonging to the City by Commissioners under the Great Seal depended upon a clear Act of Parliament 25 H. 8. c. 21. by which the King was empowered to visit the said Places and to make such Alterations and Regulations therein as should be found requisite from time to time whether the Charter of the City were voided or not a Case which the makers of that Act did not think of and besides the Clause by which the K. is vested with this power had no respect to the City or any other civil Incorporation whatsoever neither were any of the Royal Hospitals not so much as that of St. Bartholomew's which is the ancientest Foundation of the four annexed and incorporated into the City at that time So that this was plainly the reason of that difference of stile when they made Orders for the Government of the several Hospitals and when they made others for the Administration of the City that they look'd upon them as two distinct Commissions however they might both of them possibly be contained in the same Instrument and both of them authoriz'd by the same individual stamp of the Broad Seal and Commissions they were that were derived from as different Fountains as the common and the statute Law for the K. hath no Prerogative but from the Former of these and no Man will deny but there is a great and fundamental difference between these two What are the true bounds of the Prerogative or of the ancient and immemorial Rights of the Crown the Lawyers themselves are not agreed but the statute Law is plain its bounds are certain and its Interpretation for the most part very obvious and easie and whatsoever right is given to the King by the Statute Law of this Realm that is to say to the King his Heirs and Successors for ever without any clause of Restriction or Limitation any period assign'd any time when it shall cease determined that Right is always indisputable and always the same non-usance or length of time will not bar it because nullum tempus occurrit Regi neither can he give away that Right to the prejudice of his Successors any otherwise than by such another Parliamentary Sanction as that which bestowed it upon himself or his Predecessors especially if it be a Right of such a nature that it transfers a Duty and an Obligation upon him for the good of his People or of any part of parcel of them which we humbly presume to be our very Case and that it doth sufficiently justifie the Visitation of Hospitals in the time of K. Charles II. and makes all those Acts and Regulations valid which were ordained and constituted by him and by the Commission still acting under the late King James during the avoidance of the City Charter so far as all or any of those Acts were materially legal and allowable in themselves 2. The King even then when the Charter was standing and in full force did of course visit by his Auditor of Accounts at every Audit or stating of the Accounts or of the Receipts and Disbursements of the said House and till he had so done and approved in the Person of his Auditor the Account exhibited to him by the Treasurer of the said House the said Treasurer's Accounts were never passed which is as clear and indisputable an Act of Visitation as any other Act or thing whatsoever 3. In the Letters Patents of K. Edward VI. dated at Westminster upon the 12th Day of August and in the 5th year of the Reign of the said King there are several things that are very well worth Observation viz. 1. The King gives and grants the Lands Tenements c. belonging to the Hospital of St. Thomas Southwark together with the Site of the said Hospital and the Parsonage or Rectory and Parish Church thereto formerly belonging and adjoining fully freely and wholly and in as ample manner and form as any Master of the said late Hospital or any other or others possessed ir stood seized of had held or enjoyed the same in the time of H. 8. or before it Now in former times it is certain that notwithstanding the said full free and whole Possession of the Premises by any Master or others yet the said Master and his Collegues or Partners in the said Possession were still subject to the Visitation of the
and strict the Union of the Parish of St. Thomas Southwark may be thought to be by the words of the Grant to the Mayor and Commonalty or to the Corporation of the City of London yet it is not altogether so close as that of the Hospital in which notwithstanding the King hath expresly reserved to himself a Power of Visitation that of the Hospital is an immediate Union that of the Parish is only a Secundary and derived from it and this is the meaning of the word Appropriation King Edward saith That as Supreme Head of the Church of England and Ireland be does appropriate unite knit and incorporate the Parsonage and Church of St. Thomas Southwark c. to the Mayor and Commonalty of the City of London Now the meaning of an Appropriation in the Ecclesiastical Law was laying a Parsonage or Rectory and its Endowments to a Religious House so as the said House became the Parson and received the Profits and Emoluments arising from the same Sometimes this Church was supply'd by one constant and ordinary residing Curate and this was for the most part the rise of Vicarages endowed sometimes the Monks took their courses among themselves and then the whole Profits went into the Dividend and were either equally or by certain and stated Proportions distributed among them in this manner was the Parsonage or Rectory before the Dissolution of Religious Houses appropriated to the Hospital of St. Thomas Southwark and to the Master and others in Possession of the same the Church being situate within the Site and the whole Parish contain'd within the Close thereof as is expresly affirmed in the Grant it self and Stow somewhere saith That none were anciently Inhabitants of the said Parish but such as had a dependence upon the Religious House adjoining When therefore it is said that the Parish is appropriate c. to the Mayor and Commonalty of the City of London It is meant that it is annexed and incorporated in the same manner that it was formerly to the Hospital adjoining or it is annex'd not immediately but by the Mediation and Intervention of that Hospital to which it was formerly appropriated and united so that the Union of the Hospital was immediate to the Corporation of London that of the Church only Secondary and derivative from it and therefore if the King hath reserved a Power of Visitation in the Hospital it self he is much more supposed to do the same in the Parish or indeed they are both of them unavoidably supposed together by reason of their Appropriation Incorporation and Union to each other Fourthly When the late King James presented by his Commissioners under the Great Seal to the Parish of St. Thomas Southwark it was upon a Vacancy by Death and it was at a time when Judgment was entred against the City Charter by which means it was in Fact discorporated whatever it were de jure and that Judgment was de jure valid though in Fact it might be erroneous and unlawful for the Reason that hath already been assigned so that now there was no other legal Patron but the King the Power of Presentation by the Discorporation of the City returning naturally to the King from whence it came and besides that he hath always a perpetual Right of Presenting if he pleaseth by virtue of his perpetual Power of Visitation which implies it it was in this Case necessary that he should present unless he would suffer the Church to be wholly Vacant and even then the Vacancy would have created a Lapse that would have given him a Right after a certain time though he had had none before It is not to be questioned therefore upon all these Considerations but what he did was legal and that as such his Presentation ought to stand even after the City Charter is restored much after the same manner that a Guardian may Present in the Minority of his Pupil and that Presentation shall stand when his Pupil comes to Age and so may the Guardian of the Spiritualities do many things in the Vacancy of a See which shall be and are of course good to all Intents and Purposes of Law when the Bishop is Enthronized and the See is full VII And Lastly King Edward says And moreover of Our ample and free Grace We will and by these Presents do grant that of the Issues Rents and Revenues of the said Premises the said Mayor and Commonalty and Citizens of the said City of London and their Successors yearly from time to time for ever shall find support and maintain not only two fit and convenient Ministers to celebrate Divine Services and to administer the Sacraments and Sacramentals as well to the Poor and Officers and Ministers of the said Hospital and Horse of the Poor as to the Parishioners of the said Parish of St. Thomas in Southwark aforesaid but also two Women or Sisters c. Now here there are two Questions that offer themselves to be asked First what is meant by two sit and convenient Ministers And this Question is capable of a twofold Reply 1. By Fit and Convenient is not meant great Clerks but honest Men in holy Orders tolerably qualified for their Employments 2. When we reflect upon the Words Fit and Convenient we must consider who it is that speaks it is King Edward VI. who gives grants orders and enjoins every thing in these his Letters Patents by virtue of that Authority which he had as the Supreme Head on Earth of the Churches of England and Ireland Fit and Convenient must therefore be understood with relation to the Establishment of the Church of England as it was then setled and constituted by the Laws of this Land in opposition to Popery on the one hand and to an unnatural Schism and Separation on the other though the latter of these were hardly known in the time of Edward VI but began more powerfully to shew it self in Queen Elizabeth's Days The King was not the Supreme Head and Defender of a Popish Church in the Sense that his Father King Henry VIII was after he had taken the Supremacy upon himself the Supremacy being then translated to another Person without abandoning the gross Idolatry and Superstition of the Church of Rome nor was he the Head of Schism and Disorder which would have implied him to be Felo de se an Enemy to himself and to his own Imperial Dignity and Crown but he was the Head the Defender the Patron and Protector of that orderly and primitive Establishment which was and is the only true Fence and Bulwark against both of these and which by giving to Caesar and to God their due is a common Friend to Religion and to Empire and at the same time that it lays the surest Foundations for the Peace and Happiness of this World chalks out the surest Way to the Peace of the next By Fit and Convenient therefore is meant as one plain Sense of the Words a true and hearty Conformist to the