Considerations upon the Act of Parliament, for reversing the judgment in a quo warranto against the city of London, and for restoring the city of London to its ancient rights and privileges:

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Considerations upon the Act of Parliament, for reversing the judgment in a quo warranto against the city of London, and for restoring the city of London to its ancient rights and privileges:
Publication
[London :: s.n.,
1690?]
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Subject terms
Quo warranto
Hospitals -- England
London (England) -- History
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"Considerations upon the Act of Parliament, for reversing the judgment in a quo warranto against the city of London, and for restoring the city of London to its ancient rights and privileges:." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A80370.0001.001. University of Michigan Library Digital Collections. Accessed May 21, 2024.

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Page 14

POST-SCRIPT, Concerning the HOSPITALS.

THE confirming Clause for Offi∣cers running thus, all Officers and Ministers of the said City, &c. or in the Borough of Southwark &c. it hath been argued from thence, that the ejected Officers of the Ho∣spital of St. Thomas, are by this Clause restored; but these Men do not con∣sider, that it was the design of this Act, to restore the Ancient Privile∣ges and Immunities of the City, not to abridge any thing of that un∣doubted Right of Visitation, which the King had by Act of Parliament; and by the grant of King Edward VI. while the Charter stood, neither are they Charter Officers, of whom this whole Paragraph is meant, but Offi∣cers and Servants at pleasure; that may be turned out, as well without a reason, as with one by the Power that placed them there; only if the King be the Supreme Visitor, as the Sun is not more bright, than it is clear that he is; then the Officers of his placing, cannot be ejected by a Subordinate Power, much less can they replace those, whom he hath ejected; which would render his Power and Right of Visitation con∣temptible and vain; besides that, tho the King be the Judge of the Causes of Visitation; otherwise he shall not visit, but when others please, yet the Reasons are notorious for which he did it; one had justify'd the Mur∣ther of his Father; and all of them as well Officers, as Governors gene∣rally speaking, were Dissenters from the Church of England; Enemies to Monarchy; Persons disaffected both to Church and State; and I hope, these were sufficient grounds for a King, not to suffer such to be fed and maintained in his own House. A Pa∣pist, whether Governor or Officer; I suppose, it will be granted may be lawfully ejected out of that Trust and Station; and why should then a Dissenter, or a Favourer and Abet∣ter of that Interest be permitted, when they are both Enemies to the establish'd Church; and the Dissenter is like∣wise an Enemy to the Monarchy of England, to which the Papist, to give the Devil his due, is a Friend; as well as to the Episcopal Form of Go∣vernment in the Church; though he

Page 15

loads and clogs both with such dan∣gerous Innovations, that we cannot accept of those blessings upon his terms.

Again, p. 109. of the said Act it is provided, that all Leases and Grants of any Lands, &c. made by or upon pretence of any Grant or Commission by their Late Majesties; being made for just and valuable considerations; and whereupon the old accustomed yearly rent, or more hath been reserved, payable into the Chamber or Bridg-house, or any of the Hospitals of the said City, &c. shall be as good and valid, as if the same had been made by the Mayor and Commonalty, and Citizens of the said City, under their Common Seal, &c. by which it may seem to be implyed, that the Hospitals are so closely and inseparably united to the City and its Charter, that the said Charter being illegally seiz∣ed into the Kings Hands, (as this Act declares) all Leases made, and other Acts done by the Commission under the Broad-Seal were Illegal, and con∣sequently the tenant, had no suffi∣cient security by any such Grant or Lease. To which, I answer, that this was really, and is still the Opinion of a great many, that this was the case; and therefore, since Indemni∣ties can never be too full or ample, the scruples of such Men, and the inconveniences in the Administration of the Hospital, that might arise from them, were provided for ex abundanti by this Clause; where there was no absolute necessity: Secondly, though as to the Commission, there was no question, but that the Acts done by it, (so far as concerned the Hospitals, in which the King had Right of visiting under the Broad-Seal) being otherwise materially Legal in themselves, were likewise so as to the Authority from whence they sprung; yet the case was altered up∣on the Dissolution of the Commissi∣on, by the ejected Aldermen and Go∣vernors, being restored without the restitution of the City Charter, so that there was now no Legal Autho∣rity at all; and therefore, this Pro∣visoe was necessary, with reference to those Leases or Grants, which had been made during that time.

FINIS.
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