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A63900 An argument in defence of the hospitaller of St. Thomas Southwark and of his fellow-servants and friends in the same house Turner, John, b. 1649 or 50. 1689 (1689) Wing T3300; ESTC R9444 36,427 31

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then what was orbitrary and dependent upon his will but a Corporation acting under him though the generall 〈◊〉 be actually 〈◊〉 upon them yet they cannot displace a particular person whom the King hath chosen with out first representing to his Majesty the reasons of it in order to the obtaining his consent so long as he is alive For a deputy a servant can do no legall act in opposition to the principall from whom the power is derived but they may and ought to represent their reasons if they be of consequence to the good of the house and if he will not Dear them they have discharged their duty and ought to be content with the honour and satisfaction of having endeavour● to do justice and of having eased their consciences of the guilt that would have lain upon them by a willfull neglect of the trust committed to them and after his decease as it is in our case only the Successor can destroy what the Predecessor hath done out of the fullness and plenitude of his power it being as impossible for a lesser power to destroy the act of a greater as it is for a private man by virtue of any private authority and right which he may assume or fancy to himself to chuse whether he will obey an act of Parliament that concerns him 〈◊〉 be 〈◊〉 with by another act of equall authority in its legislative originall and of greater in its post liminious application because it supercedes the obedience to the other and for any lesse power without a reason given or an application made to the Sovereign then in being to reverse what the 〈◊〉 by his own rightfull power hath ordained is for servants to assume that dispensing power to themselves which they decry so loudly and so desprvedly in their Masters for there is no right in nature but legall right and for any that have not authority to reverse the legal act of a superiour power must needs be inauthoritative illegall and void If this argument which I design only to justify my self and to shew upon what bottom my title to the place of Hospitaller stands does in its application prove too much and extend it self to others as well as my self those Gentlemen that claim and are actually repossessed upon the restitution of the Charter may thank themselves for solliciting Mr. Hughes to come up and renew his crackt and illegall pretentions and for making this defence which I would have been very glad to have let alone to become as necessary with respect to me as is is just and honest in it self If the Right Honourable the Lord Mayor and the Honourable Court of Aldermen to whom I pay all that deference and respect which their great quality and Character Justly calls for shall look upon this as written in derogation to them and to the power and trust committed to their Honourable Court I humbly hope when they have duely considers of the matter they will concurr with me and that if I should maintain the contrary position they would think themselves concerned out of a principle of Lo●alty and duty to eject me out of this house that it is by no means a d●minution to their just Rights in those things which the Sovereig● hath not determined to acknowledge his Legall Sovereignty in th● which he hath For the King acted in the Regulation of this House 〈◊〉 〈◊〉 Virtue of any Arbitrary Power which he unjustly assumed and arrogat●● to himself but by such an one as is inherent in him by the reserve in th● Charter of the Royal Founder by Act of Parliament and by the very N●ture and reason of the thing by which he must always be supposed to be invested with a Power to see that his own Charities be rightly disposed The King is the First Visitor of this Hostell de die● this House of Invalids the Lord Mayor and Court of Aldermen are the Second acting by a Power derivative from him and therefore it is plain they cannot res●ind an Act of his which would have been Legall in it self because all Legall Acts done and passed by a Legall Superior Power cannot be rescinded without the consent of the Sovereign by any Subordinate Authority acting under it because this were to rob and deprive him of that Supremacy and to assert his Prerogative to themselves and if that grave and wise Assembly in this hurry of Affairs have yielded a little too far to the Sollicitations and Importunities of Men without a Title and proceeding upon a false Erroneous Hypothesis of the Restitution of the Charter which hath no manner of connexion with our Case yet a Facto ad jus Consequeutia non valet the Fact and the right are two things and the Judgment of that right in what Persons it is placed we humbly conceive with all imaginable submission to the Court of Aldermen lyes unquestionably before the King whose just Power in this or any other matter I hope it will never be a crime to maintain For as one Act of Parliament cannot be repealed but by the Act of another so the Act of a King in those Affairs wherein he hath a proper cognizance and Legall Power can only be rescinded by himself or his Successor in the Imperial Seat unless they be such Acts as are Limited by time as in the affair of Parents or Temporary Proclamations or the like and then at the expiration of that term they die and are repealed of themselves so that having been placed in this Station by one King and allowed by another I trust his present Majesty shall have no occasion to think any otherwise then Favourably concerning me and I rely upon the Grace and Goodness of King William and Queen Mary that the Gift of Gods Viccgerents will still be without repentance as well is those of the Divinity it self That I appeal to the Throne it is because I see the whole affair lying so naturally prostrate at the Footstool and that the Judgment of it cannot appertain to any other Court or Judicature whatsoever till it be remitted from thence and I shall very willingly acquiesce in the Determination of that Power in whomsoever it is lodged is being too little an Imployment for the thoughts of Princes that have so vast objects to exercise themselves upon to whomsoever the Sovereign shall please to referr it but more especially I repose an entire confidence a Fixt unshaken and I had almost said a demonstrative assurance in the Favour of that Honourable Court to which the ordinary inspection and Visitation of this house belongs being in some sense an Orphan of the City left destitute by a good but an unfortunate Parent that was undone in part by the Fatall Conflagration and in part by other accidents incident to Trade I have a great deal of reason to expect from such a Constitution where the Lord Mayor next under his Majesty whom God preserve is my Political Father the Aldermen my Guardians and the Commons all allyed
to me in the Quality of Brethren I say I have a great deal of reason to expect and I do with great assurance wait for it that I shall not only have strict Justice done me if my cause come to be determin'd at that Barr but that I shall have all the Favour that Equity will afford me and such an Equity that is mixt with something of affection to a shrubb of their own growth that calls for no raines no dewes but what are Naturall and Hereditary to it for water and Refreshment I know no person in the Court of Aldermen whom upon this account at least I have not reason to believe my friend unless it be one Gentleman Sr Patiente Ward I mean before whom when I preached when he was Lord Mayor of this City I had the misfortune to leave him out of my prayer before Sermon for that it was an involuntary thing arising from an undesigning negligence without any ill intention I call the great God of Heaven and Earth to witness and this is no more then what I have affirmed a thousand times in the company of my friends when I had no interest to perswade me not to own it if the affront that was suspected had been reall on my part and it is further observable that I did not only omit him but the Aldermen Sheriffs and Commonalty too who are all of them prayed for upon these occasions now there is no man in his wits but must suppose me to have been quite out of them if I had design'd a Publick affront to so Venerable an Assembly so Illustrious a Bench so great and populous a City in which I had not only received my Nativity and a great part of my Education but in which I had at that time among all ranks so many favourers Godspeeders and friends and if after this any suspicion can remain upon the mind of that Gentleman that it was designedly done which to me it seems impossible that it should then I humbly intreat him if no other consideration will prevail with him to let the memory and old friendship of my deceased Father intercede with him for my forgiveness But if it be as I have represented that the true and only legall decision of the controversy between Mr. Hughes and me lies solely and entirely in the Kings breast unless he shall please to put it into some other hands Mr. Hughes knows who it is that preached a famous Sermon at Abingdon Assizes upon a most infamous subject the justification of the worst of parricides of the Execrable Murther of that glorious Martyr who fell a Sacrifice to the Church of England and the Protestant Religion He justifyed and gloried in that horrid Fact when many of the pretended Judges themselves had repented he Crucify'd the Royall Saint afresh and put him to an open shame before a numerous assembly and in the face of justice it self when others were washing off that bloud with their tears and would have been glad with the expence of their own lives to have retrieved the inestimable loss of his which brought so black a guilt and was followed by so miserable usurpation and confusion Now what favour can Mr. Hughes expect from the Royall Grandson of that Martyred Prince when the principles of that Sermon are levell'd at himself and at all Succeeding Princes whatsoever when Mr Hughes and his Partizans are angry though there be no good Subject but hath ever maintain'd that the Persons of Princes are unquestionably sacred notwithstanding the reall and gross exercise of Arbitrary Power whatever becomes of their Politicall capacity and Regall administration Mr Hughes may think it pleasant to wash his impure hands in Royall bloud but that was not that washing which the Prophet David required in all that minister in the holy things I will wash my hands in Innocence said he and so will I go to thine Altar It is true the act of oblivion pardons this crime but to pardon and to forget are two things to pardon and to reward are two more if Salmosius would have accepted of so small a pittance as the place of Hospitaller of St. Thomas Southwark he would have become the place and title very well because it was very suitable for him to eat the Kings bread who had defended his cause but Milton would certainly have been an awkward man in that station and what is Mr. Hughes I pray better then he unless it be that Mr. Milton understood reason argument and wit if he would but have employed those-talents to better purpose which Mr. Hughes does not but that Mr. Hughes is more malicious black and Saturnine in his Sermon then Mr. Milton in his book and that the one is more dull and Phlegmatique then the other John Goodwin a man of much more honesty and sense then Mr. H. being so far carried away by the Republican bigotry of those unhappy times which overflowed and bore-down Loyallty with a rapid and resistless torrent was content with his pardon and leave of retirement into a private corner without perking up impudently for preferments and rewards when he had so justly forfieted his life and the same was Mr. Milton's case who en deavoured to make some sort of attonement for his crime in the English History which he after Publish'd by offering up a devout sacrifice of praise and admiration to the memory of that excellent and incomparable King and giving him that great and lofty Character which he deserved but what hath Mr. H. ever done to make amends for his fault what instance can he produce of his sorrow repentance And yet so foul a crime so publiquely committed a preaching and a printed crime can never be said to be truly repented of without a preaching and printed fatisfaction for otherwise though there may be some inward compunction remorse yet the satisfaction the injury are to hold some sort of proportion with each other and to do a publique a notorious crime without a repentance and satisfaction equall to it does not come up to the nature of true repentance but it is like robbing our Brother of a Pound and paying him a Penny by way of Restitution which is but to continue in the Robbery still and rather to own and justify the fact then to condemn and disapprove it Mr. H. can farther inform us if he pleaseth who it was that vext and persecuted his neighbour for teaching a School without a licence and yet had no license for himself at the same time but answer'd to the name of Thomas instead of William to save his Bacon at a Visitation and he can tell us further of the self-same person how he stood engaged by promise for the payment of a sum of money and yet refused it after seaven years time under the protection of the statute of limitation and many other things Mr. H. can tell of that man when he hath a mind to furnish a Biographer with materials for the life of fo