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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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Success of their Cures do more or less depend upon the good understanding of the Governors and the Officers and Servants with each other to say nothing of the peace and comfortable Living of the Officers within the House among themselves I am so much of this mind that though I believe it will be easily granted that I am no great Friend to the Power of the Dissenters yet for the good of the House whatever becomes of me I had rather see all the Officers Quakers or Anabaptists or of any other Tribe belonging to the Separation than not all Communicants of the Church of England and without pretending to Prophecy I can easily foretell that such a mixture as this will always be inconsistent with the peace of the House and will be the occasion of endless and remediless Feuds and Animosities among us The Privy Council who have referred this business to your Lordship have in effect already determined in our Favor by ordering their Majesties Declaration of the Twenty Third of May above mentioned to be Printed which Declaration implies rather a greater Power than we have need of for our Defence and Protection and I hope your Lordship will see Reason to follow their Example My Lord your Lordship is not only Lord Chief Justice of their Majesties Court of King's-Bench but you have also another Title you are Lord Chief Justice of England and therefore I shall humbly expostulate with your Lordship as Abraham did with the Judge of all the Earth Shall not the Judge of all the Land do right that be far from thee to slay the righteous with the wicked and that the righteous should be as the wicked to make no distinction betwixt right and wrong that be far from thee to do after this manner Some Choice Collections out of a SERMON Entituled Magistracy God's Ministry Or a Rule for the Rulers and Peoples due Correspondence Preached at the Midsummer Assizes at Abingdon Anno 1651. By W. Hughes THE Stile of the Dedication To his Excellency the Lord Cromwel General of all the Forces raised by the Parliament of the Commonwealth of England In the Epistle Dedicatory it self I am not conscious that this Discourse hath cause to blush save for its Author's Weakness What think you Sir of his and his Discourse's Wickedness too It seems it is not Crimes will make you blush only you are sorry to find your self a Bungler in the Trade of Treason and you blush only for that Reason because your Pen cannot transcribe the Wickedness of your Heart There was something of Modesty in this Confession however A little after concerning his Patron he says Methinks 't is pity genuine Merit should not have its due reported when the Picture of it hath even been adored but that your Thoughts reply in silence he whom the Lord Commendeth and Works do eccho thereto louder than to need our Words 'T is desired that God would lead you in this way even to your Journeys end Ib. Concerning his Discourse or fardle of Treason he says The Subject of it is the ready Road your Honor doth and is to walk in Ib. It is the suit of many Hearts that your Honor having now subdued our Enemies would put on further to make the Godly Friends Ib. My Lord I have adventur'd far upon your Favor it is enough and over for me will your Lordship only but excuse me whilst by this I tell the World take notice World and remember what he says against another Day that as I have been for Christ's Interest and the Commonwealths sometimes under your Command I am and ever shall be my Lord Your Honor 's Faithful Servant to be Commanded W. H. Out of the Preface to the Reader 'T is too well known our Body Politick hath been much distempered and the Grief scarce cured yet my aim I 'm sure is right to heal the Sore however I hit the mark Ib. Former Injustice in the Reign of King Charles I and present Disobedience against prosperous Rebels look like Competitors who should be greatest That former justice through mercy we are fairly quit of I wish it were improved to send this present Disobedience packing after Ib. How quick it Disobedience theives how far it spreads and what a Crop it bears last Harvest told us here at Home although the righteous gracious Lord would have it ripe and rotten together 'T is time Men should be wiser now than to kick against the pricks oe labor any longer for the wind All this Disobedience he speaks of was the Disobedience of Charles II. and his Malignant Adherents against his Patron Oliver and the Sovereign Commonwealth of England at the Battel of Worcester which is here pointed at in the Margin and like a true Prophet he tells you it was in vain to contend any longer for that baffled Interest for that it was but kicking against the pricks and laboring for the wind that is in other words What a fine King's Chaplain is this Man like to make in his Majesties Royal Hospital of St. Thomas Southwark King Charles the Second shall never be restored He concludes this worthy Preface with these Words Reader Three of the Famous Monarchies of the World are down the Miscellany Fourth sure is setting make way the Fifth the Everlasting one may rise upon us I could expose his Miscellany Fourth but this would be aliud agere we are not now interpreting of Prophesies the Four great Monarchies He speaks of were the Babylonian Medo-Persian Greek and Roman the three first he tells us are gone and the last crumbled and divided into several and distinct Dynasties is declining or in other words Monarchy in England and its Dependences is clearly gone and he hopes to see it so every where else in a very short time so that if a Man would give the World to see a Monarch there should be no such Creature any where to be found and then make way the Fifth wherein Christ according to this Man's fancy wherein he wants not the Concurrence of a very ancient but a very silly phantastical and senseless Heresie was to reign upon Earth a thousand Years and then Mr. H. was like to be a great Man for the Saints that is the Independents were to reign together with him though Mr. Venner and his Party were of another mind they thought the Anabaptists were to be the Men. When that time comes we shall know more in the mean while we may see what a special Friend to Monarchy we have of Mr. H. and how well qualified this Phanatick is to eat the Bread of Kings But this was very ill tim'd of Mr. Hughes after an Epistle to O. C. who just about this time had a Month's mind to be a Monarch himself and did actually propose it to his great Confident and Favourite Whitlock as the only means to put an end to those Confusions into which the Commonwealth Principles and Designs had brought them and Whitlock very honestly and very wisely advised him
Abuses and Misgovernments from time to time that shall or may arise or shall be by them deemed or adjudged to arise in the Administration or Superintendency of the same As to the Clause produced and cited out of the Grant of King Edward whereby he reserves a Power of Visitation to himself and Successors for ever in the Hospital of St. Thomas Southwark which is the Scene of the Controversie now depending before your Lordship it hath two several Foundations to rely upon First The Clause that hath been alledged out of the Act of H. 8. by which he was intrusted with a Power of Visitation in all Religious Houses and Places exempt as this is and Parliamentary Trusts ratified and accepted by the Royal Sanction can no more be violated than Coronation Oaths for every Law is a part of the matter of that Oath which obligeth the King equally to observe and maintain all the Laws and in every Trust lodged in the King by Act of Parliament the Performance of it is supposed to be exacted and called for by the same Authority which is always sitting always in being until that fiduciary Constitution be repealed So that King Edward though he had not reserved to himself a Power of Visitation in this and other such Places yet the Act it self would have obliged him and his Successors to visit as often as occasion should require neither could he so entirely devolve such a Trust as this upon the Mayor Commonalty and Citizens of London or upon any other Person or Persons whatsoever as totally to neglect and abandon it himself which implies not only a Power of visiting at all times but a necessity of doing it in some particular Cases to consent that another shall betray that Trust which is committed to me or to put it wholly out of my power to call him to account for his Violation or Male-Adminstration of it being the same thing in the issue and Conclusion though it go somewhat further about as if I had actually and willfully betrayed it in my own Person If the words had been never so express never so absolute without the least shadow of any reserve or exception by which this Hospital was consigned over to the Commonalty and Corporation of London Yet still the King's Power of Visitation had been supposed because he could not give away the Act of Parliament nor any Prerogative inherent in the Crown to the diminution of his own rightful Power or that of his Heirs and Successors in after times and especially in such a Case as this where not only a Power was lodged but a Trust for the good of others was reposed in him by the Representative Body of the Nation which includes and draws after it the diffusive and all this with his own Royal Assent which though he may give or not give before the Sanction yet after it he cannot withdraw it as he pleaseth which would be to give him a Dispensing Power in the utmost Latitude and Comprehension of it against the true Meaning and Intention of all Laws which always design to be observed and obeyed as well by himself as others so far as he hath put himself under the Force and Obligation of them This is the first Ground upon which the Reservation in the Grant of King Edward VI. to the Mayor and Commonalty of the City of London relies it is an Act of Parliament made in his Father's time by which he was not only impowered to visit all exempt Places but it was left with him and his Successors in Trust and is a Charge which he was bound to look after as often as any real or to him so seeming Necessity should require The second Ground that justifies and warrants the Reservation is taken from the nature of the Gift it self every Man that gives or bequeaths any thing to a publick Use must be allowed to do it upon his own Conditions and with his own Reservations supposing them to be reasonable or possible in themselves Without an Act of Parliament any private Donor may appoint if he so pleaseth certain extraordinary Visitors to inspect and examine as occasion shall require the Administration of the ordinary Trustees and much more then may a King do the same when he hath an Act of Parliament to authorize and defend him in it in a publick Charity of his own Foundation In virtue of this double Authority and this double Trust derived to him from the Act of Parliament and from the Grant of King Edward his late Majesty King Charles II. did visit the Royal Hospitals belonging to this City by his Commissioners under the Broad Seal as the Act of Parliament required he should do and in this Visitation he displaced several Officers and several Governors too and placed others in their stead Which things being premised in order to the more clear and faithful Representation of our Case We presume with all humble Submission to your Lordship that as to the Visitation in the general considered there can be no question as to the Legality of it it being done in pursuance of a very reasonable and just Proviso in King Edward's Grant and by Commissioners under the Broad-Seal of England as the Act of Parliament required all the question is whether there were at that time any just Ground any reasonable or sufficient Cause of Visitation or no and this my Lord is a Question capable of a two-fold Answer First The King is not bound to give an Account of the Reasons why he visits And Secondly If he were bound the Reasons were notorious and such as in the Judgment of any indifferent Person might abundantly justifie a Royal Visitation First The King is not bound to give an Account of the Reasons why he visits or for the Regulations which he makes as to Officers and Servants belonging to the House in any such Visitation Indeed if the King should go about to alter the Constitution to imbezzle the Charity or to convert it to a quite different Use this would be so plain an Abuse of his Power and Violation of his Trust as would sufficiently warrant the Mayor and Commonalty and Citizens of London or any others in whom the ordinary Trust and Management was lodged to stand it out against him and to vindicate their Title by a course of Law by which the true Meaning and Intention of the Donor would appear from the express words of the Grant which it would always be easie to produce and the King who by the said Grant was made and constituted the Supreme Guardian and Visitor of the Charity bestowed therein could not possibly with any color or pretence of Right either imbezzle squander and abuse it to no good Use at all or convert it to any other Use than what the Founder himself had allotted But for the Officers and Servants it is another Case if the King be bound to give a particular Account why he turns out such and puts others in their room then he shall not