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order_n date_n grant_v great_a 16 3 2.1187 3 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A63911 A memorial humbly presented to the Right Honorable the Lord Chief Justice of the Kings-Bench in behalf of the hospitaller and his friends Turner, John, b. 1649 or 50. 1690 (1690) Wing T3311; ESTC R38920 48,263 71

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ought to be commissionated by a new Order before they act as Governors If then the Governors which were ejected could not be restored without a new Order of the Court of Aldermen the same must be granted likewise of the Officers too because they both acted by the same Authority they were both ejected by the same and it is the same that must restore them both and accordingly it must be confessed my Lord that they were both of them restored by the Court of Aldermen commonly so called but the question is whether that were a legal Court of Aldermen or no and to this I answer that it was not then in the express Judgment of the Act of Parliament it self neither is it to this very day and I am so well persuaded that this is effectually proved in a Paper lately published and Entituled Considerations upon the Act of Parliament for reversing the Judgment in a quo Warranto against the City of London that when I see that Paper substantially answered which I do particularly challenge the Defendant's Council to do I will be content not only to lose my Place and my Arrears but to suffer any other Punishment or Disgrace and I hope the Parliament when they meet will not only excuse but justifie the Author of it as well for the clearness and convincingness of the thing it self as that it tends to vindicate and assert the Honor and Reputation of that August Assembly and to the Publick Good of the Nation But let that be as it will there are several worthy Gentlemen that have put in their Claims as well to the Chair it self as to their respective Seats in the Court of Aldermen which during the avoidance of the Charter they relinquish'd Now if there were nothing else but this to be considered it is impossible to determine in favor of the Defendants till it be first determin'd in a judicial way as it now lies before your Lordship in the King's-Bench or by the Parliament it self who are the best Expositors of their own Sense and Meaning whether this be a legal Court of Aldermen or no for I suppose it will be confess'd on all sides that without the legality of the Court of Aldermen be first of all admitted there can be no legal Governors or Officers by their appointment though we say they would have been illegal though the Court of Aldermen had been never so legal because they cannot by an inferior and delegated Power reverse the legal Act of the Supreme and the Act of Parliament Confirms none of their Acts but such as would have been legal had the Authority been so and not otherwise and such as could not without iniquity and inconvenience be repealed as will appear to any Man who shall peruse it so that I think upon the whole matter there never was a more weak and shamefully defenceless Cause from the Creation of the World to this very moment in which I am speaking nor will be again from this very moment till the last Trumpet shall Sound a Resurrection at the Consummation of all things The second thing which I intend to speak to and with which I shall conclude shall be their Majesties gracious Declaration of the Twenty Third of May in the Year 1689 and in the First Year of their most glorious and happy Reign for Encouragement of Officers Seamen and Mariners employ'd in the present Service In the last Clause of which it is provided in these Words That the Moyety of our Hospitals in England employed for the Cure of wounded and sick People be reserved during the time of War at Sea for such as shall be wounded in the Service of the Navy as they shall become void from and after the First Day of June next 1689. Where we see not only that their Majesties claim a Propriety in the said Hospitals by calling them our Hospitals but as such by virtue of their Proprietary Power it being of the liberty of Proprietors to do what they will with their own they appoint that one Moyety thereof should be reserved for the Sick Maim'd and Wounded in their particular Service which without a legal Propriety they could no more do than by Law they could quarter Soldiers upon private Houses without the consent of the owners If these Houses be the City's and not the King 's then the King cannot quarter Soldiers upon them and much less Maintain and Cure them out of their Revenues without the consent of the City but this Order asks no leave of the Lord Mayor or Court of Aldermen or of the Citizens and Commonalty of the City but relies wholly upon its own Authority and appoints a Moyety to be reserved as their Majesties due whenever they please to claim it and they might have claimed more if they had so pleased and may do it as often as occasion shall require so that all the question is whether this Order be legal or no for upon Supposition that it is then the Hospital is the King 's and not the City's otherwise than by way of Trust and Delegation but yet so as that the King may at all times command to be done therein so the Intention of the Charity which was for sick and wounded People be not infringed whatsoever he thinks for his Service that the Lords of the Council were of Opinion it was legal is plain because they caused it to be Printed by an Order of the same date which is Printed together with it and I dare say it will be granted to be a much greater Exercise of Regal and Visitatorial Power to exhaust and spend the whole Revenue of the same upon Persons of their Majesties particular appointment than to appoint a few Officers and Tenders to look after them which is all that we pretend to the Gross and Substance of those great Charities being consumed upon the Patients whose Servants and the King 's we are Thus my Lord I have undertook to defend the Rights and Prerogatives of this Imperial Crown so far as this Ca●e is concerned against those that at the Hospital Charge and out of the King 's proper Revenue are come hither to defeat and overthrow it an Attempt so Loyal that it may deserve to be considered even though in your Lordship's Judgment I should not have proved all that I pretend to do which yet I humbly hope I have done I have made it a part of my Business to evince as well as I could upon what very just and reasonable Grounds the Regulations in the time of the late King Charles II. were made and that it was not only the Monarchy and the Prerogative but the Honor and Interest of the Church of England that was concerned in them My Lord Unity is necessary in all Places for the due Administration and Management of Affairs but no where more than in such an House as this where not only the credit of so Magnificent and Princely a Bequest but even the Lives of the Patients and the