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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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but this though it was not then granted yet if it had it would not have served the turn as appeared by this that to get into Employments and Publick Trusts in the Kingdom their Casuists had started a new sort of Divinity among them and made it lawful to serve the Interests and Designs of their Party which can be nothing else when their Scruples are indulged but the getting of the Government into their own hands by telling them as to Oaths which it was presumed by the Authority that enjoin'd them such Persons would not take that they were to be taken not in the sense of the Imposers but of the takers themselves and so every Oath was either altogether uncertain that is vain and of no force at all or it had as many Meanings as there could be private Interpretations made or it was taken with the Proviso's and Limitations of the Casuists of the Party who would be sure so to order the matter as not to be excluded out of any Office or Employment by any Oath or Test that could be put upon them and as for Oaths so also for the Sacrament they could not digest it upon every ordinary occasion according to the usage and practice of the Church of England but when the Receiving after that manner was made a Qualification for every publick Employment then they distinguish'd very nicely betwixt the Religious Act and the Civil or Political Qualification they look'd upon it only as a civil Thing a political Formality a pre-requisite Agendum enjoin'd by the Laws of their Country in order to qualifie and prepare them for their respective Offices and Employments the better to serve their own Party and to do mischief to the Government in them without any regard to the Religious Mysteries comprehended under that awful and blessed Institution And as some did by occasional Communion so others did by constant and were great Zealots for the Establish'd Church constant frequenters of the Divine Service and Sacraments only to let them into Opportunities as appeared by the Event For the tree is known by its fruits disturb and overturn it by favoring and abetting as much as in them lay all the Designs and Practices of the Separating Parties This being therefore an extraordinary Disease to which no ordinary Remedies could be apply'd with success for what can bind or tie up the hands of such Men whom neither Oaths nor Sacraments are able to oblige It was judged by those that were then at the Helm of Affairs that some extraordinary and unusual Course must be taken to hinder these profligate and wicked Principles so destitute of the fear of God and so destructive of all Faith and Society among Men from having those mischievous Effects upon the Publick for which they were designed and this at length ended in the seizure of so many Charters into the King's hands and in his new modelling all Corporations at Discretion displacing all such at his pleasure as he had any proof of Disaffection or any ground of Jealousie against and placing others in their stead in whom he might better confide I shall not go about to defend the Legality of such a Course as this if the necessity of it will not defend it nothing will for that there was a necessity of something extraordinary at that time to be done is apparent and what was done had really this good Effect that the Government was generally speaking put into better hands the Republican Faction were every where discouraged and the Monarchy and Church were set upon a firmer bottom than they had stood upon for many Years before so that if this turn of State were in it self illegal yet it cannot be deny'd but it had wholsom Effects and what with this and the legal Penalties which were then revived and the many excellent Discourses published by our Clergy to satisfie the Scruples and rectifie the Mistakes and Misapprehensions of the Dissenters things were now arrived to a very great degree of composure and the Schism was now in a very fair probability of moldering into nothing This present Parliament however dissatisfied with such Proceedings as supported barely by the King's Prerogative without any consent of theirs and being look'd upon perhaps as I am persuaded it was as a design among other things to model Parliaments at the pleasure of the Court and for that Reason such a general Disfranchisement of the Corporations must needs in its Example and Consequence at least be a thing very dangerous to the liberty of the Subject as it proved afterwards in the late King's Reign when the Corporations were put into the hands of Dissenters and Papists yet notwithstanding considering what sort of Men they were that were at that time put into publick Trusts and how well the Corporations as obnoxious to and dependent upon the Crown as they were did afterwards acquit themselves in the beginning of the late King's Reign by sending such Representatives to Parliament as approved themselves upon the severest tryals to be so true to the Establish'd Protestant Religion and to the liberties of the People by refusing to revoke the Test and Penal Laws and by a bold and generous disowning of the Dispensing Power for which they were not only dissolved as unfit and unserviceable for the present turn but also put out of all places of trust honor profit and power through the Nation I say for these Reasons and out of a just respect to the Eternal Merit of so much Virtue Integrity and Courage in a critical and dangerous Juncture the Parliament were so well satisfied and pleas'd with them that they would not suffer them to be call'd in question and much less would they be persuaded to render them incapable of any future Service for so many Years together as would have put the whole Power of the Nation effectually into such hands as in all likelihood would have alter'd the Government both in Church and State and secured a perpetual Republick to themselves It is our Saviour's own Rule that a Kingdom or an House divided against it self cannot stand not but that in this Kingdom or this House there may be divers Opinions and yet the Peace of them both may be maintain'd either by Charity on the one hand or by putting the whole Power of this Kingdom or this House into the hands of one sort who want not sufficient means to defend themselves and to keep the rest from doing them or one another any considerable harm on the other but where not only Opinions but also Powers are divided where they that separate in Opinion from the rest are sharers in the Civil Power together with them there being no use of Power but for Defence or Annoyance it is impossible but a divided Power must be proportionably weakened but that Powers mixt that are imploy'd upon different Designs must produce a dangerous Ferment and that Powers divided and bent against each other must break and shatter one another's Strength the Consequence of
mischiefs then certainly a mixture of such in Places of Trust and Profit of Honor or of Power in the State must have its proportionable Inconveniences attending it and for this reason it is that in Holland where the greatest liberty of Religion is allowed yet none are paid none are trusted in any publick Employment by the States but such as are of the Establish'd Religion this is largely represented by Sir William Temple in his excellent Discourse of the United Provinces and the Reasons of it with very great Judgment and Wisdom are assigned by the Heer Fagell late Pantionary of Holland in his famous Letter to Mr. James Stewart giving an Account of the Sentiments of their present Majesties concerning the Repeal of the Test and the Penal Laws so much talk'd of and endeavor'd in the late King's time My Lord I wish with all my Heart for the sake of our very Adversaries themselves that nothing else could be alledged against them or any of them as the Causes of King Charles II. his Visitation and their Ejectment consequent upon it but that they were not legally qualified for this is indeed a thing highly to be commended though a Man may labor under a mistaken Conscience that he will not however Sacrifice that Conscience to any temporal Gain or Advantage but there were also other things that lay heavy upon them we can prove one of them by unquestionable Testimony to have been then and still to be a Person zealously disaffected to the Government both in Church and State a personal and profest Enemy to the four last Kings by Name a great Magnifier of the Commonwealth Form of Government and a Publick Slanderer even at this time of the greatest and most useful Personages of this Kingdom And I desire it may be considered that he that would now so sain supplant and eject me was himself ejected for no other Reason but because in a Printed Sermon he had publickly owned asserted and defended the Horrid Murder of King Charles the Martyr For it is certain after his Ejectment that by the great Application of his Friends in his behalf he had been restored again had it not been for this one thing but this Sermon being shewn not by me who knew nothing of it at that time but by others to Mr. Secretary Jenkins and by him communicated to the King himself this was the true and the only Reason why he was not restored he having conformed to the Church of England for some time before Now my Lord it is true that the Act of Oblivion had forgiven him this Fault but yet this hinders not but it might be a very good Reason why the King would not retain him in his particular Service And I do not see how he can be restored not only without disowning the King's Power of Visitation but also without a very favorable Aspect upon that execrable Fault for which he so far incurred his Majesties displeasure as to be ejected out of his Place Indeed if the Man were in any extreme Necessity there might be some Pity due to his Relief and if he could prove any legal Property in such a Place as this God forbid but every Man should enjoy his Right but he can prove no Title unless he first prove that the King hath no Right or Power of Visitation and he is so far from being by his Ejectment in a worse Condition than he was before that he got very considerably by it for he had a Living which is a Freehold in Law bestowed upon him of twice the yearly value and a Living at such a distance that the Canons of the Church would not suffer him to enjoy both together if the Hospital were a Cure of Souls as in Law I must confess it is not but it is sufficient that it is in Conscience and he for that Reason if he had any Conscience might be ashamed to pretend to both of these Places together If the Hospital had been a Cure of Souls he would have lost his Title to it immediately upon his Institution and Induction into the other and it is strange that so little regard should be had to the Reason of that Law which was the impossibility of a Man's taking sufficient care of two Places at so great a distance as that he should be thought a fit Person to be restored after having been so fairly and so legally ejected by him that had an unquestionable Right to do it and for a Reason in which all the Royal Family is so sensibly concerned that he must have very little Respect for the Memory of our past Kings or for the Persons of our present most Gracious most Happy and Auspicious King and Queen notwithstanding that Crime still bleeding like the Blood of the Martyr which never yet was stanched for which he was ejected that will pretend to restore and reinstate him again in such Circumstances as these And if to all this we add his gross neglect of his Duty while he officiated in our House his not burying the Dead not visiting the Sick not residing upon or near the Place his slubbering over even after his Conformity the Prayers of our Church after an unseemly and ungainly manner and after all his getting little or nothing by his being restored for he must find a Curate in one place but only the Satisfaction and Gratification of a causeless Malice against one that contributed nothing to his Ejectment it will appear as I do humbly hope to your Lordship that I have not only all the Law but all the Equity and Fairness in the World on my side and how much more unconscionable must it then needs be thought when there are so many things to be said in my behalf and when I have supplied both for above this year and half that I should not receive one penny all this while upon the Hospital Account But that this Man should receive the Money I have earned and which neither he nor any of his Friends dare ever yet pretend to be his due My Lord I have but two things more to add and I have done I beg your Lordship's Pardon for detaining you so long and will be very brief in what remains My Lord that excellent Person Mr. Serjeant Pemberton in his Opinion given under his Hand upon this very Case of ours hath these very words which follow I conceive that the Court of Aldermen being the Persons who authorised the Governors of this Hospital by their Order when the Corporation of the City of London was dissolved by the Judgment in the quo Warranto the Authority of those Governors of the Hospital ceased and they cannot act again without a new Order or Appointment of the Court of Aldermen and I conceive the King's that is King Jame's Proclamation in October 1688 doth not give any Authority to the former Governers of the Hospital to act by the former Authority to them given by the former Order of the Court of Aldermen but they