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A63920 A third representation of the case of the hospitaler of St Thomas wherein the point of law is argued and discussed, humbly addressed to the right worshipful the president and the court of the governours at their next general meeting. Turner, John, b. 1649 or 50. 1689 (1689) Wing T3318B; ESTC R26336 7,700 12

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were made depended upon the avoidance of the Charter and that the one was illegal as well as the other the former being only in consequence of the latter But what then will these Objectors say to the present Have their present Majesties no power notwithstanding the restitution of the City Charter to dispose of the Revenues of the Hospital as they please supposing they be still laid out upon charitable uses for the relief and succour of the sick and wounded What then is the meaning of their Majesties late gracious and encouraging Declaration for the reserving one Moyety of their Hospitals during this present War for the use of such as shall fall sick or be wounded in the service Why did the Privy Council order this Declaration to be printed Were the King and they too both out in their Law Could not He or they that have ordained one Moyety to be reserved for those that suffer in their service appropriate the whole if occasion should require How can they dispose of one half without a prudential or occasional Propriety And how came they to have a Propriety to one half more than to the other If they have no Propriety in such a House as this they can no more send Sea-men or Soldiers to this Hospital for cure than they can quarter them in private Houses and that without any satisfaction to the Masters of them as well as without their consent or than they can raise a Tax without the consent of their People notwithstanding an Act of Parliament in the one case and the perpetual practice of the common Law for time immemorial in the other But if they have a Propriety a legal Right a successive Jurisdiction from their Royal Predecessors who shall hinder them from doing what they please with their own or disposing of their Domestiques in their own House just as they please themselves Is it not ridiculous to say they may dispose of the main body of the Revenue which is perpetually spent upon the sick and poor but not of the Officers belonging to them and of that part of the Revenue which belongs to their service That they may dispose of Masters but not of their Servants for we are indeed no other than Servants to the Poor tho we may call our selves or take upon our selves like Masters we are in the nature of Instruments that are for the sake of others and not for themselves and if they for whose sakes we are what we are are at the Kings disposal then certainly we are much more for Instruments are valued by their fitness to their end and they that are entrusted with the end it self are much more supposed to be judges of all those means by which that end may most effectually be accomplished Shall he that owns an Estate not choose his Steward Shall he that keeps an House be denied the choice of his own Chaplain duly qualified according to the Laws of his Country notwithstanding he may if he pleaseth and for as long as he so pleaseth entrust the exercise and administration of this Power in some subordinate hand If these things be true as certainly they are let Mr. Turner's Adversaries shew if they can by any thing that looks like sense that they do not extend to his Case and he will immediately surrender up all his pretensions or else dentibus vipereis limam rodunt they gnaw a File that will be too hard for their teeth and had better hold their peace than bark at the Moon to no purpose for the Moon will still shine and go on in its course when they have tired their Lungs with barking at it But what do I speak of Moons when the Sun himself is up when the light of truth is in its Zenith riding in a Chariot of meridian Flames and all must own its brightness but they that shut their eyes and cannot encounter the piercing of its beams without being dazled and blinded who call light darkness and mis-call darkness light and have no sense of the difference and distinction betwixt the one and the other Mr. Turner tho his own Property be concerned in this Affair yet against so great opposition as he hath met with he had not appeared so obstinate in the defence of it but that the Parish of S. Thomas it self being in the same Gift and enjoyed by him upon no ther Title than the Hospital he knew not how far such Orders might extend and he saw but too plainly that with equal reason they migh eject him out of all so that it was proximus Vcalegon all over and the Rector of S. Thomas could not stand by like a party unconcerned when the Hospitaler was in so much danger He hopes after all the Clamors that have been raised against him for his Contempt and Disobedience to the Court of Aldermen to whom he has not been wanting to pay all due and reasonable respect that he shall be easily excused from any such imputation by all indifferent Persons who shall consider that the Court of Aldermen is no Court of Judicature and that this is a matter of Right in which case there would have lain an Appeal without any thing of Contempt or any suspicion of it in all inferior Courts of Judicature themselves where is the Contempt when he stands only by the Kings Prerogative and when their Majesties and the Privy Council are so plainly on his side when without reflecting on his particular Case unworthy so great a cognizance as that is they have made the one a positive Declaration and both of them together an express Order that involves it He is humbly of opinion that his Possession being legal in its root and not to be disturbed by any Power inferior or subordinate to that which gave it without an express Leave or Appointment of the Supreme and having ensured his fidelity to their present Majesties by taking the Oaths required by the late Act of Parliament made in that behalf that he hath the assurance of their Majesties gracious protection who have promised to maintain the Church of England and every individual Member of it in all their legal Possessions and that he hath further the confirmation of the Parliament it self who by appointing and prescribing a Condition upon which all legal Ecclesiastical Possessions shall be securely enjoyed and not otherwise are supposed upon the performance of the Condition prescribed to confirm the Possession to the present legal Incumbent and such is he till he be legally ejected or till any body be so hardy to undertake to prove the contrary and so successful to do it And I do hereby challenge all the Council that the Chamber of London can retain to prove that Mr. Hughes hath any shadow of a Title or that Mr. Turner's Possession is not strictly legal The Place is immediately in their Majesties disposal and besides that Mr. Hughes by being appointed by an inferior Power is not sufficiently authorized for what he pretends to besides that he is