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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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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. Printed in the Year M DC LXXXIX MY LORD I Am extremely sorry it so happens through that unhappy posture of my Affairs to which the Importunities of an unjust and barbarous Antagonist have reduced me that I must be forced to run so great an hazard of incurring your Lordship's and the Courts displeasure by this my repeated Vindication of my self against the ill practices of so bad a Man because I am sensible I cannot do it without calling in question the Validity and Obligation of those several Orders which have been made by you in his behalf for if those Orders are as valid and binding upon me as they are Categorical and positive in themselves I must be guilty in not paying them the Obedience they deserve of a most unpardonable Contempt for which no Censure of offended Justice no Instance of your Lordship's Indignation and Resentment could be too great or heavy But my Lord I beg your Lordship would consider that tho there have been three several Orders passed for my Ejectment the first only general and equally respecting all the several Members and Officers of this House that were ejected out of it by the late Commission together with us that by the same Authority were substituted and appointed in their room the other two particularly directed against me which as yet I have not been able to perswade my self that I am bound in Duty to comply with them yet this was not done out of any stiff or disobedient Humor which is a thing I am as far from as any Man living being so throughly convinced of its pernicious tendency to the disturbance of Peace and Order amongst Men. But it was upon this Consideration that the whole proceeding seemed to me upon the best and most impartial Judgment I was capable of making to be grounded First upon a wrong bottom of the Restitution of the Charter and Secondly upon a defective Jurisdiction which could not legally extend it self so far as to the making or passing any Order of this nature As to the business of the Charter's being restored that it hath no necessary influence upon the Affairs or Officers of our House That this Regulation might have been made tho the Charter had stood and that it is not at all affected by its Restitution tho the whole matter had been referred to your Lordship and your worthy Brethren without any Interposition of an higher Power or any appeal thereunto I hope I have demonstrated beyond all Exception in my former Paper addressed to your Lordship and the Court and in this I have not spoken only my own fence but that of the best Lawyers this Kingdom affords whose Opinions and the Reasons of them I have at large transcribed from an Authentick Copy the Original of which if required we are ready to produce and we doubt not in the least but those learned Gentlemen the just Pride and Ornament of the Long-Robe whose Opinions seldom want the authority and effect of Laws will firmly abide and stand by what they have written and what they have so unanimously conspired and consented in led by the force of Truth which is every where the same without consulting with or borrowing from each other Now my Lord with your Lordships good leave by this it plainly appears that neither Mr. Hughes nor any other of those Gentlemen that have been restored by your Order had any legal Pretention to their places by the meer force and virtue of the Charters Restitution and upon supposition that they had had any the Charters being restored would have restored them ipso facto together with it self and they might have compelled us by Law to relinquish our Places without any Order of Court which could have no authority and which pretends to none but from the Restitution of the Charter which was it seems sufficient of it self to have ejected us without it and to have put them in possession of their several Places So that Mr. Hughes having no pretention in Law by vertue of any right annexed to his Person by the return of the Charter yet supposing the Cognizance of that whole Matter to have layn before your Lordship and the Court of Aldermen as I humbly conceive it did not though you might have ejected me and put him into my Place by vertue of that legally arbitrary and unaccountable Power that was lodged and vested in you yet it would have been highly for the Reputation and Honour of your Court which I do sincerely prefer in my own private thoughts before any advantage or interest of my own when all things were equal betwixt Mr. Hughes and me as to any strict Property or legal Right which neither of us could with any justice claim to have considered which of us two had the most equitable things to be said in our behalfs and here tho all other things had been alike between us yet it is and hath always been taken as a Maxim in equali jure melior est conditio possidentis that is If a Controversie shall arise or happen between two about a matter of Right if both of the Pretenders appear to have equal Right or if neither have any that is strictly legal the considerations of equity being equal betwixt them and the one being in possession the other not the decision ought to be in favor of the Possessor and your Lordship knows we have a Proverb to the same purpose in our English Tongue That Possession is eleven Points of the Law so that according to this Maxim I being in Possession and all other Circumstances ex Hypothesi admitted to be equal and alike between us the Right if there be any is mine and not Mr. Hughes's because I am in Possession which he is not In the second place my Lord I have another advantage and that a very great one above him in that I am so nearly related to the City I am my self a Citizen at the first remove and with Submission to your Lordship and the Honorable Court I do affirm that it is your unquestionable Duty to favor me before Mr. Hughes supposing all other Circumstances to be but equal between us and to do otherwise falls but little short of a Breach of that Trust that is reposed in you for the good of the City and Citizens and their Children But things are so far from being equal between us that it appears he never had any Title to this Place even when he was formerly in Possession of it because for the first three years he was not in Holy Orders according to the usage of the Church of England he never had any Episcopal Ordination neither did he ever conform for all that space of time which in Construction of Law is near one half of a Life to the Discipline and Ceremonies of the Established