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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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Doctrine and Discipline of the Church of England as it is by Law established with no very material Alterations at this distance of Time from what it was formerly in King Edward's Days in those early Dawnings of the Reformation And indeed it would be very strange that any Prince should look upon any Chaplain to be fit and convenient in his House who was not of the Religion which himself professed which would be as much as to say that himself was in the wrong as not being of a fit and convenient Persuasion not fit for the other World nor convenient for this King Edward being therefore the Head and Protector of the Legal Establishment at that time Fit and Convenient must needs be understood with a due Analogy and Proportion to it But Secondly Which is the second Question arising from this Clause in the Royal Grant What were those fit and convenient Ministers to do Why the same Clause goes on to tell us in these Words They were 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 House of the Poor as to the Parishioners of the said Parish of St. Thomas in Southwark c. Were they so Why then it seems they were to be all of a Cast like Shepherd like Flock like Priest like People They were to be all Communicants of the Church of England otherwise they would make but very improper Auditors of this fit and convenient Minister or rather they would think themselves obliged in Conscience to separate themselves and straggle aside into forbidden Folds of Novelty and Separation The Poor and Sick indeed are Objects of Pity and ought to be relieved notwithstanding any particular Persuasion but yet Caeteris paribus if the Grief or Malady be such as calls equally for Help and Succor on both sides and if it so happen'd through the Straitness of the House that both cannot be considered by it in order to their Cure it is more agreeable to the Intention of King Edward and to the plain Consequences of this fit and convenient Minister in which a fit and convenient Auditory is included that that Patient should be taken in who is best affected to the Government established and a Testimonial of his Affection to it is that which ought to be a Motive in his behalf and an Inducement to the Governors to relieve him above others though in other Respects equally deserving the Pity of the Governors and the Charity of the House But for Officers and Ministers there can be no pretence in so great a Choice of fit Persons to be found why they should not all be meet Auditors of king Edward's fit and convenient Incumbent of the Place in the nature of Relatives as the Logicians speak they do most certainly imply one another and King Edward must as much intend to have a conformable Auditory as a conformable Preacher or Reader in his Chappel otherwise such Preacher or Reader would be in vain The Result of all which is That it is a Breach of Trust and a manifest Affront done to the Memory of King Edward it includes a Forfeiture of the Charity it self by breaking the Conditions upon which it is bestowed To place any Servants or Officers in this House but what are faithful Members and Communicants of the Church of England and this without reflecting upon particular Persons whom so much as in general Terms we would not touch if it could be avoided does sufficiently justifie the wise and honest and necessary Regulation made by King Charles the Second But whereas in this Clause there is mention made of two Ministers though there be now but one it is to be considered 1. That several other Regulations have been made as there was reason for them very different from what we now find in the Letters Patents of King Edward wherein there are but two Sisters one Porter one Chirurgeon c. 2. That this is no more than what is actually done and hath been so of a long time in St. Bartholomew's Hospital and Parish though in the first Institution they were two distinct places as will appear by the Grant of King Henry VIII 3. This was but reasonable in consideration of the Salaries which are not so good a Competence now as they were at first 4. The King who was also the Ordinary and the Patron of the Place had a Right in all of these Capacities and much more taken all of them together to unite these two incompetent Preferments to each other 5. This depended upon the same Reason with the Union of small Livings after the Fire of London and of several other Unions by Act of Parliament in the Country 6. It is to be hoped that two contiguous Living are as lawfully united as two that are at above forty Miles distance from each other which is farther than the Canons allow 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS
Now there being no Place exempt from all manner of Jurisdiction besides that its Exemption is founded upon that Act of Parliament which hath been so often mentioned to deny the Bishops Visitation is in its own Nature and unavoidable Consequence to assert and recognize the Kings which is all that we contend for and so much the Governors themselves must grant or they cannot maintain the Privilege of their House When Hughes a Non-conformist was preferred by Governors like himself to the Chaplainship of this House it was upon Supposition that the Place was exempt from the Bishop's Visitation for otherwise they dare not have done it but if it were exempt from the King 's too they might as well have ordered the Alchoran or the Mass to be said or sung in the Chappel if they had so pleased as either the Extemporary Raptures of their Dissenting Chaplain or the stated sober and truly Christian Service of the Church of England they might have made it if they pleased a Mosch for Turks a Synagogue for Jews or even a Sanctuary for Thieves and Robbers and all this without any check or control from any but themselves They were very sensible of the Exemption of the Place whether they knew the cause of it or no and they abus'd the King's Power committed to them to such Purposes as he himself could not have extended it to for King Edward and all his Successors in the Affairs of this House and other exempted Charities committed to their Charge have acted under no other notion than that of Successors to or rather rightful Possessors of the Popes Usurped Power or in the Language of K. Edward himself as the Supreme Heads of the Churches of England and Ireland as those Churches were then and have been ever since with some gradual Regulations established but as such he could not place in any of his own Chappels a Non-conformist from the Establish'd Worship it being a Contradiction to be Head of the Church and Defender of the Faith that is more particularly of the Establish'd Doctrine and Worship and yet to betray and weaken the Church and Crown too at the same time by putting Men into Offices of Trust and especially in the holy things that are hallowed unto the Lord that were Enemies to both nay it was a Practice that would have tended to the disinherison of the Crown it self if after the Example of this Place all others of equal Privilege had been Nurseries of Faction Encouragers of Sects and Religious distinctions which naturally tend to the Dissolution of this Monarchy and Church together with the Leave and Licence of the Supreme Power so that we will now take it for granted that the King's Power of Visitation is on all sides acknowledged and that as the Supreme Visitor or in other words as the Supreme Head Patron and Protector of the Church of England he could not place either Non-conformist Preachers or Dissenting Governors or Officers in this House this not being to defend the Church of England or to act in the Capacity of Head of the Church of England and Ireland which is the only Ground of the King's Authority in this House and therefore we may be sure such were not chosen by any Authority delegated from him and by Consequence they were chosen by no Authority at all V. Furthermore if it be said by any that have a mind to raise a Dust where there is no real matter of Controversie and Dispute that it was not the Hospital but only the Parish of St. Thomas Southwark which by the Grant of King Edward the VI. was appropriated united knit and incorporated to the Mayor and Commonallty of the City of London which we have already granted and shewn that it is not material the same thing being equally to be understood of both Places yet all that can be made of this Cavil when the most of it is made that can be is that if the Hospital be not knit united and incorporated in so close a manner as the Parish is then it hangs more loose and is more independent from the City and its Charter which will be so far from obstructing a Royal Visitation that it will but render it more natural and easie VI. But it may be argued perhaps whatever becomes of the Hospital it self that the Parish is not under the King's Visitation it being given granted and consigned over to the Mayor and Commonalty of the City of London without the Impeachments or bindrance of Vs Our Heirs and Successors or of any Archbishop or Bishops Archdeacons Sheriffs Escheators Justices Commissioners or any other c. Which words are so full and so plain that they may seem to exclude a Visitation what then becomes of the late Presentation by the Commissioners in the time of the late King James To this it may and ought to be reply'd First That all the Grants which King Edward could possibly make could not recall what was past or make that not to have been which really was the meaning is that the Visitation of all Places which were exempt at the making of the Act of the 25 H. 8. c. 21. or before it was committed to the King in the nature of a Trust the true and faithful discharge of which his People in Parliament expected from him so as he could not wholly lay aside or neglect it or give away his Right to visit and redress as Occasions or Emergencies arising should require without a Breach of the Faith and Honor of a King by which he is bound not only to see that the Laws be indifferently and impartially executed in all Cases but more particularly in those wherein Himself is more immediately concern'd as a Trustee as it is in this Case though the whole Administration in a more general Sense be but one common Trust reposed in the King Secondly There was not only a Trust reposed in Him by this Act but a Power for the Execution of that Trust conferred upon Him and on his Heirs and Successors for ever in this Case therefore if the King betray his Trust by neglect or by a total Devolution of it into other Hands without any further concerning Himself about it he Sins and is answerable to God's Justice for so doing but by a thousand Grants he can never give away that Power to which his Successors have a Right as well as himself he cannot give away the Rights of the Crown any more than he can sell or mortgage his Dominions to a foreign Prince withont the consent of his People which he is never like to obtain so that such a Grant as this let it be expressed in words that are never so full and comprehensive must either be interpreted as a void Act in its self or must of necessity be understood of the ordinary Adminstration of and Presentation to to the Rectory above-mentioned with a tacit Reservation which must be always implied to the King 's extraordinary and visitatorial Power Thirdly However close