then he is the Lord of the Fee and by Consequence Allegiance is due to him Allegiance being also now in our present Acceptation An Obedience according to Law that is to say not a Blind nor absolute Obedience but such an Obedience as is defined and limited by the Law then the Scruple that arises out of the Word Allegiance vanishes In this short Remnant our Noter tells us there are abundance of things liable to Exception Fiâ—st That he out-runs the Constable in taking for granted an Oath of Obedience where he hath neither proved bare Obedience much less a promise of Obedience onwardly to be due for which I refer my self to what passed on the former part of the Paragraph There was no need of a Promise of bare Obedience because they did actually Obey and therefore the Bishop argues as I before observ'd That â—or that Reason they might Promise to Obey and if Promise then Swear The Bishop always own'd them to have the Point of Right and how they came by it in his 21 st page which I have already taken notice of Secondly He here gives us a Notion of Allegiance by the halves for he says It is in its Original signification nothing but the Service due to the Chief Lord of the Fee You only give the Bishop's Sense by halves therefore I will recite his own Words contained at large in the 24 th and 25 th pages of the Pastoral Letter The very Term of Allegiance rises out of the Feudal Law by which the Chief Lord of a Fee when he made any Grants to his Vassals took them bound in coâ—sideration of these Grants to adhere to him to defend his Person and to assist him in his Wars but all this being done by the Vassals in consideration of the Fee that was granted an Original Contract is plainly implied in it so that if the Lord of the Fee should go to take away the Fee it self or to change the Nature of the Subjection in which the Vassals were put by the first Grant then the Oath which was grounded on it could not be suppos'd to bind them any longer So that the Bishop supposes a Reciprocal Duty between the Lord of the Fee and the Vassal because if the former violated his Contract the Obligation of Allegiance ceased Thirdly He makes the King the Lord of the Fee to entitle him to our Oath of Allegiance It is nothing so for the people of England do not hold of the King what Holy Church does I know not they may be his Vassals for ought I know I am sure I am none 'T is fixing your own private Construction upon the Bishop's Words when you write as if he should suppose the King to be Landlord of all England or as if Holy Church as you are pleas'd to express your self own'd or paid any Allegiance different from other people The Bishop tells us plainly Our Allegiance in general is an Obedience according to Law which he explains Not a Blind nor Absolute Obedience but such an Obedience as is defined and limited by the Law Which imports that we owe no other Obedience and therefore if we are commanded to do or suffer any thing that is contrary to Law the Obligation of our Obedience ceases and we may refuse it And here I will insert what the Bishop affirms to this purpose in his Measures of Submission to the Supream Authority which may serve to clear him from the unjust ond malicious Imputations of ignorant as well as prejudicial Men. Pag. 9. There is nothing more evident than that England is a Free Nation that has its Liberties and Properties reserv'd to it by many positive and express Laws If then we have a Right to our Property we must likewise be suppos'd to have a Right to preserve it for those Rights are by the Law secured against the Invasions of the Prerogative and by consequence we must have a Right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in Opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those Ends are to be considered as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the construction of the Law and therefore they who act in vertue of them are still to be consider'd as private persons who come to invade and disturb us Fourthly He makes a King in Fact to be Lord of the Fee We have been too long haunted with this word Fact and therefore I will try to lay the Goblin The Bishop hath nothing to do with your Goblinâ— Fact He always own'd the King's Right to the Crown to be Legal and by the Virtual Consent of the People If the Bishop chances to write any word though in the Application of it it relates to other persons without ever weighing or considering the intention or dâ—sign of it He runs away with his whymsical mis-apprehension of the maâ—ter and from his own mistake makes and forces the Bishop to say or write any thing to his squinting purpose The Bishop applies himself to the Non jurors because as they could not deny him to be King in Fact that is to be in possession of the Throne so they ought to swear Allegiance to him in consideration of the Protection he gave them and that they liv'd under his Government whether they did or would own him Rightful King or not Your Supposition of Forcible Entry which â—ollows is altogether impertinent as to the Bishop because he hath told you over and over that the King hath a Right to possess the Throne by that Legal Possession of it which was given him by the Lords and Commons Fifthly He would have people swear an Obedience according to Law in Opposition to a Blind and Absolute Obedience though they are still to retain their Passive Obedience which is certainly Blind and Absolute Obedience or else there is no such thing in the World In this place more particularly I appeal to Mr. Iohnson's greatest Aâ—mirers if they have but common Justice for Truth whether any Iesuit could have perverted the Intention or Sense of any Author more Villainously and Bare-fac'd than he hath the Bishop's in this Note Is here the least shadow of an Insinuation of Passive Obedience when our Allegiance is declar'd an Obedience only according to Law that is to say Not a Blind or Absolute Obedience but such an Obedience as is defined and limited by the Laws Now what could have been express'd more opposite to Passive Obedience Nor can they or any others retain their Passive Obedience if they keep to the Laws because Passive Obedience is a tame submission to those illegal Commands of a King that are evidently against and tend to destroy all Law No Man hath asserted the Laws and Publick Liberty with more Reason nor more Nervously enforc'd than the Bishop of
their encroach'd Enemy within his proper â—ounds For as in diseases if timely discover'd and oppos'd they are easily cur'd but when by neglect or increasing the causes the malady becomes Chronical it requires time skill and the utmost application to restore the body to its former sound Habit. 'T is true we alone have been an overmatch for France and so hath Spain what then Time and Circumstances alter the unsetled affairs of this world and France is now too strong for both and yet in the reverse of things it may be too weak for either but it matters not what a Kingdom was but what it actually is Mr. Iohnson tells us tho such a raw thing as our present Militia does well enough to keep House Yet it must be a well train'd if not a Veteran Army that shall do any great matters abroad To which he subjoyns What then shall we have a mercenary Army to supply this defect and loose Old England to win France I hope not but so it would be for a standing Army plainly destroys this Governmâ—nt If our Mercenary Army can but win France Old England will of Consequence be preserv'd and not lost and then there will be no need of a standing Army and I dare engage King William will send his Danes back as you inform us Knute did A standing Army employ'd against France tends to preferve our Government 'T is not very Politick to send away our Forces when we have most Occasion for them and 't is our true Interest to employ Forreigners for it will both preserve our People at home and when the Disbanding Time comes those Officers who have serv'd their Countrey may be easier provided for and perhaps we may have fewer Theives Mr. Iohnson tells us He doth not love Digressions but at the same time he hath taken leave long since of his Point of Defence and hath been only Digressing from one incoherent Story to another for thirty Pages together some men are pleas'd to reflect on the past Dangers and Misfortunes they have escap'd and out liv'd whilst others fret themselves and lose their present pleasure because their Thoughts are wholly taken up with past Oppressions and Plots and writing Invectives against those who have never injur'd them If it be difficult for those who have deserv'd well to find Friends 't will be the highest Imprudence to demean themselves so as to disoblige those who have Endeavour'd to serve them How many Men have lost their best Friends nay Created Enemies rather than conceal or check a sower unmannerly Humour What Reason had Mr. Iohnson to insinuate as if Kendall according to his civil way of Expressing himself towards those who have the Honour of the Kings Commission for a Government or as in the 78th page to confirm themselves in their ill-gotten Honours were to serve some evil Court Turn when 't is well known that Collonel Kendall did neither comply with King Iames when settled and was otherwise very Instrumental in the Revolution and therefore might very well deserve the Employment he was advanc'd to but Sir Peter Coryton was not sent and that was a sufficient Ground for Mr. Iohnsons Reflection Had he spar'd some few Hours from his Old Musty Law-Books and spent them in Reading a Chapter or two in the Whole Duty of Man against Self-conceit and Back-biting though not so good a Noterâ— yet I believe he might have been a better Christian. 'T is no Imputation to a Mans Memory or Morals to forget and forgive Injuries and the Man who tells us he is Good Natur'd to a Fault need not have publish'd Mr. Chiswell's Message It would be a difficult Qâ—estion for Mr. Iohnson to Answer What Wise or Sober Action he hath done since the Reformation notwithstanding the good Opinion he hath of his Intellectuals when he hath like a Mâ—dman been throwing of Dirt at every Body He tells us the Reason Page 94. Why he hath taken this Freedom with the Bishop of Salisbury because he hath taken a greater Latitude with me and hath given me out for a Mad-man above these four years I am in the way of Writing Mr. Iohnson and though I must own you to be a great Man yet I will Adventure to declare what I apprehend a great Truth but without any design against your proper Person Preâ—erment or Breed or any Wise Notes you shall hereafter Wriâ—e There are three most Convinceing Reasons without enquiring whether the Bishop hath said so or not which command my Assent in this matter which you know are as much as three Thousand The first That you have been Fighting with your own shadow and Writing whatsoever came uppermost in your disturbed Brain The Next That you have been over and above Witty You remember the old saying Nullum Magnum Ingenium sine Mixtura Dementiae And last of all If what Seneca saith be true That Ira furor brevis est 't is a Natural and strong Consequence that he who hath been very Angry for four or â—ive years last past hath been so long very Mad. Note upon these Reasons the next Lucid Interval Who but a mad man would have thrown away a Witty Reflection on Two meer insensible Dutch Elements Earth and Water And 't was something Ungrateful and Unseasonable too in respect of the Catastrophe of my Lord Shaftsbury as well as in Gude Remembrance of the Protection and Civilities the Worry'd Peer receiv'd at Amsterdam Mr. Iohnson having already mis-represented the Bishop's Sense and the Antipathy he seems to havâ— against all Bishops in General gives me Good Reason to suspect he hath a little strain'd his Two Bishops Meanings And truly I am afraid that he hath either had a Knock in the Cradle or that having Out-done some English Herb Woman in her Civil Way of Banter she hath hit him a Rap on the Skull Otherwise he would not have us'd his Fanatical Reflections Common Prayer-Book Mass-Book or Laudean Religion Anglice Popery to prove his Two Mooted Points If he pleases he may talk of Self-Defence and the Wellcome Assistance of the Prince of Orange without any Distinction or Contradiction Bless us I am surpriz'd Is it a Ghost I see or hath our Noter been in the Third Heavens ever since he wrote his Forty Third Page But to be Serious Threescore and Five Pages together is an Unusual and Frantick Digression But our now Noter tells us the Reason of it in his 97 th Page where he hath only made a short Digression of Ten Pages that 't is occasion'd by the Impeâ—tinencies which continnally cross his Way meaning Brains Hâ—ving a Gude Memory I remember 108 Pages past he tells us That the Doctrine hat is in the Pastoral Letter shall not live while it pleases God to let him live I verily believe notwithstanding my reflections he will malitiously or ignorantly pervert the Bishops own meaning and design to his dying day But to see the Contagious power of ill Company and bad Example The two last dying pages of the Book can't deparâ— in peace without breaâ—hing out destruction against the Maxims of the Bishops Book and therefore I must seriously observe its dying Nonsense The Bishops maxim is That all which tend to the inevitable destruction of Cities and Societies as Indiffeasible Allegiance does are false Maxims I will not trouble my self with Excluâ—ion times other peoples Mâ—xims and no Maxims are forreign to the Bishops Maxims Because I am sure what Mr. Iohnson affirms here with Assurance of Indiffeasible Allegiance is not prov'd therefore I desire you will be pleas'd to look back to his Supposition of a true and total Conquest which I have long since deâ—eated I must confess 't is a baâ—barous thing to take a Coat away from a Man who hath but just two And I am sure the Bishop would no more take his Allegiance from King William and Queen Mary than rob him of an Honest Mâ—xim but I will make bold for his own good to destroy his darling Maxim of Indiffeasible Allegiance because if King William and Queen Mary should chance to slip away to Lapland without taking lâ—ave and so consequently be Dead in Law Mr. Iohnson will be oblig'd to transfer his Allegiance to the next King in Possession or take a tedious cold Journey or if true to his own Principle resist himself into a Jayl Mr. Iohnson having mistaken the point lays a heavy charge with a Now I say that all his Lawyers and Casuists never said a Word of Truth in their whole Lives Now because you may bring an Old House on your Head I le take the lye upon my self and say that the true End of Government is the preservation of Mankind That Indiffeasible Allegiance is a false Maxim because it tends to the destruction of Mankind For when a King hath Abdicated 't is impossible for me to pay Allegiance to him and 't is an undeniable Maxim Nemo obligatur ad Impossibilia So that where the Duty cannot be perform'd the Obligation necessarily ceases Mr. Iohnson if he pleases may destroy these Maxims in his Second Part. Which having but nam'd Oh how I long I am impatient to see it I must confess I have been a little too serious with the First Bornâ— but when t'other Young Master appears in the World the Second Off-Spring of his Prolifick Brain perhaps at present only in Embrio I 'le persecute the unlick'd Cubb whilst I have a Day to live And because Kind Reader I`le make you amends for the Trouble I have already given you not having been so Comical in my Reflectious as Mr. Iohnson in his Bantering Notes I 'le promise to present you with a pleasant Scene by way of Dialogue between Mr. Bays and Mr. Iohnson FINIS p. 3. Pag. 92. Pag. â—he 17 th pag. 37. pag. 40. pag. 27. pag. 35. Pag. 55. Pag. 80. Pag. 81. Pag. 82. Pag. 83. Pag. 85. Pag. 59. Pag. 95. Page 10. Page 2 d.
Salisbury which appears from the Quotation I made out of his Measures of Submission to the Supream Authority And 't is a base Imputation to say That he would have any body retain the mistaken Notion of Passive Obedience or shews how it should not hurt them when at the same time he so plainly and positively declares the contrary But 't is enough for Mr. Iohnson to make the Bishop enter a Salvo for or to be an high Asserter of the mistaken Doctrine when he only mentions the word Obedience as in this place and much more when he repeats the Highest Principles of Passive Obedience in the 20 th page Tho at the same time 't is impossible if a Man be but honest or hath but a mean Judgment to apprehend them any bodies as the Bishop supposes but the Non-Iurors which will evidently appear if you will take the trouble to read part of the 19 th and 20 th pages of the Pastoral Lettter where 't is as apparent also that the Bishop argues from other Principles That the Non-Iurors ought to swear to the present Government even though they should retain or according to their Highest Principles of Passive Obedience I will only repeat a Line or two in the beginning of that Paragraph to inform you of the Bishop's design But I will in the last place carry this matter further to justify the present Settlement as a thing Right and Lawful in it self Should I have said that I was the Fairest Adversary in the World and should have had so many plain Instances of misrepresenting plainly prov'd upon me I should have expected but little Credit to be given to me But I 'le warrant you Face and Feathers will stare it out And now I 'le leave our Noter to roul and tumble in his own wit and divert himself with his story of the Welchman his Bow-string and Black-Box his Thebaean Legion his Mine-take-it and Your-take-it And because I will be sure to win his Favour I do own that I have and always had as great an Aversion to the mistaken Notion of Passive Obedience as he hath to Maxims But by the way he must let me be convinc'd by my own following Reasons though he will not let the Bishop by his To which I will only premise That 't is the Nature of Mankind to be easier perswaded and convinc'd by modest and plain Reasonings from their Errors and Mistakes than banter'd and hector'd and that 't is more Christian and Generous rather to lend an helping Hand to a Blind Man who hath mistaken his way than rail at his Imperfection I wonder how this Doctrine of the Cross came to be call'd the Doctrine of Passive Obedience and I much more wonder how it should obtain so much Credit in a Country where the Christian Religion is the Establish'd Religion and the Laws are the Rule and Standard of all Obedience I think moreover that Passive Obedience is as great a Bull in Terms as Roman Catholick Vniversal Particular for all Obedience is Active and to Obey is to do the thing commanded and Passive Non-obedience would have sounded much better because the Design of the Doctrine is to suffer rather than obey or when I will not obey and the Primitive Christians were under an Obligation to suffer even to Death rather than deny the Faith they had confess'd and so become Apostates What I apprehend to be the proper and true meaning of the Doctrine is to suffer rather than Apostatize But to reflect on the practice of it amongst us As where the Grand Seignior's Horse once sets his Foot no Grass grows so where this mistaken Notion of the Doctrine takes place all Laws must be trod under Foot The Doctrine of the Cross was and is a true Doctrine but not calculated for the Year 1688. in a Christian legally establish'd Government and is altogether impracticable amongst us because if any man upon what account soever or from whomsoever commission'd shall attempt to take away my Goods or Life by force or in an illegal manner I may lawfully resist them by the Laws of God Nature and my Country Otherwise that which should be my Rule would be my Snare So that it can be no sin in me to do what the Laws of God Nature and my Country direct Were I in Turkey and the Grand Seignior should send an Express to acquaint me That I must either turn Mahometan or kiss the Bow string 't is my Duty and I hope God would enable me rather to suffer Death than deny and renounce the true Faith of Christ. But there is a great difference between a Turkish Arbitrary and Mahometan and an English Limited and Christian Government Theory and Practice are two different things and the latter many times discovers the Absurdity of the former and I am sure though I should have preachâ—d my Lungs out in the Neighbourhood where I liv'd not one thickâ—skull'd Miner or Collier would have been perswaded that 't was his Duty to sit tamely with his Hands in his Pockets whilst an Irish Dragoon trimm'd his Ears and Nose off Nature Humane Nature will struggle Thus having stated this Point I think it will not be improper in this place to offer my Sentiments to those who do not take the Oaths in relation to the Oath of Allegiance which they have already taken and by which they account themselves bound up 'T is allow'd that a Law is to be obey'd and an Oath to be taken according to the sense and intention of the Legislators In the late times there was a distinction between the Kings Person and his Authority upon which account there was an Oath fram'd to obviate and take away any such Mischeivous Distinction And tho it extended to secure the King as to his person and legal rights yet it was never design'd as a foundation of an arbitrary and irresistible power or that the subject might not resist any violent and illegal proceedings and more especially when the whole rights of the Community were struct at and a subversion of the Government undeniably put in practice 'T is Rebellion to invade the Kings right but not so to preserve and defend what the Laws and constitution of the Government have given me a just and legal right and title to There is a latitude imply'd in this Oath Unless when we take it we swear to be slaves from that day forward for if taken in a strict sense it cancels all our natural and positive rights and Laws at once we are bound hand and foot and only left at the mercy of an Absolute King and contrary to all reason and justice the Impostumated and unnaturall Power and will of one is superiour and preferrable to the good and preservation of all the rest of the body Politick the Original Government was by the consent of the people as also the form and kind and the good and welfare of Mankind is the undoubted end of it Salus Populi Suprema Lex To which purpose I
the Bishop is not apt to beleive every thing you say that Allegiance is so Obstinate a thing that neither desertion nor conquest nor any thing in the World but what is intrinsical to it that is breach of Covenant or consent of both parties dissolve it It is a moral duty and Heaven and Earth may pass away before Allegiance can pass away Sincerely Mr. Iohnson I thought you had been a better Lawyer than to tell us that Allegiance is a Moral duty I always apprehended it to be a Legal Duty and Having a Gude Memory I remember you tell us in the 21 st page that besides the service due to the Lord of Fee as it was the Duty that the Liege Lord owed to his Liegeman I must confess I never met with Lord in Fee Liege Lord or Liegeman in any book of Morality or that treated on Moral Duties that I ever read But Mr. Iohnson is a great Scholard and hath convers'd with old musty Books which I never saw Now for want of judgment you are prophaning Scripture with your Heaven and Earth may pass away before Allegiance can pass away I suppose I shall have a convenient opportunity to prove that Allegiance may pass away in this page or the next therefore I 'le defer it Our Noter is now upon his Queries which I will answer As for Desertion we must first know what it is before we can know whether it will affect our Allegiance A Soldierâ—s deserting nnd running away from his Colours we know but what is this to deserting a Crown or a Kingdom 'T is just like a Soldiers running away from his Colours 't is running away from his Kingdom You ask Did the King desert willingly or unwillingly I believe unwillingly because he would have willingly staid and set up Popery and Arbitrary Power Besides I am sure he had no such Kingdom to go to Did not his people desert him first No he deserted his people first in that he dissolv'd our Allegiance and destroy'd our Laws with his Dispensing Prerogative and by employing Papists who were incapable by Law to act in the Government and then because we were such foolish Passive Rebels who would not help the Irish Dragoons to cut our own Throats he withdrew and left us in a state of Anarchy but we took care not to continue so long The matter of Fact in truth is this K. Iames resolv'd to bring in Popery and Slavery upon us The generality of the Nobility Gentry and Common People were resolv'd neither to be Papists or Slaves Our desperate Circumstances were represented to the P. of Orange who readily engag'd to attempt our Rescue He came The unconcern'd Nation did not think it an Invasion but were rather glad of an opportunity to free themselves from those imminent and real dangers they were surrounded with Upon which account some joyn'd with the Prince others expected the Event The Officers of the Army â—hought themselves under no Obligation by K. Iames's Favours to betray their Country or draw their Swords more effectually to destroy their Liberties and Legal Rights which would have been the consequence of their success and therefore would not sacrifice these for any future precarious Interest when 't was viâ—ible their former Advancements were only design'd for sinister ends and they who would not promise to do every thing they were Closeted about or what Father Peters thought necessary to carry on their designs were either frown'd on or displac'd The King 's trusty darling Subjects the Papists who would live and die with him they threw down their Arms deserted and were ready to run into Awger-holes when a Sham-Declaration threaten'd to leave them to the mercy of the Army Fin-landers in Bear-skins and Mirmidons with broad Swords and bright Armour As for what follow'd K. Iames may thank himself his Bigottry and Prince-destroying Caterpillars Experience hath always verify'd what Seneca the Tragedian hath observ'd speaking in the Person of K. Agamemnon Violentum nemo unquam Imperium continuit diu Moderata durant Well now we are coming to the Merits of the Cause Had the people reason to forsake K. James or no Had he â—orâ—eited Had he broke his Allegiance let it be some other Law-word for I never heard that the King owed Allegiance to his People first Was he the aggressor Yes The Bishop owns all this that I have answer'd in his Pastoral Letter and was one of those who actually came with the Prince to rescue us and to re-settle and preserve our Government according to its Legal Constitution But the Argument the Bishop employs to perswade the Non-jurors to take the Oaths is from the mischiefs that attend Indefeasible Allegiance and that 't is no true Maxim that the bare desertion of K. James without considering the Cause was a sufficient ground for the Non Iurors to comply and take the Oaths I am indebted to you a Proof that Allegiance may pass away and I will discharge it with five of your own words which you little dream'd would do it What is impracticable is void Our Allegiance to K. Iames is impracticable therefore 't is void For if we are here and K. Iames is I know not where we can't pay our Allegiance to him and therefore must transfer it to the King in possession who protects us In the next Page you say If he deserted he was forced to desert for the very ground he stood upon fell from under him But what wicked Rogues do you think undermin'd the ground he stood on Why Father Peters and the rest of the Iesuits and Monks who work'd night and day to undermine and subvert the Government The very Spawn of those who undermin'd and laid Powder with a design to blow up your Patrons Predecessors So much â—or Desertion and so much for nothing to the purpose Now for Conquest Tho there is a great difference between â—aying what could and mighâ— be done and what is actually done yet Mr. Iohnson I must beg your excuse for a page or two on this Point and tho you have taken the liberty to reflect on Kings Marquisses and Bishops with several other of the Nobility yet I have so great a deference to and must be concluded by all Decisions of the great Council of the Nation and I am convinc'd it would be a great piece of Impâ—udence as well as Impudence to offer any thing on this Point tho it were agreeable with my private Sentiments and therefore as you have been bantering upon partial â— I 'le endeavour to repay you in your own Coin in your supposition of a true Conquest The Point you propose is Whether a true Conquest dissolves Allegiance Suppose a King and his people who are all of a piece till either of them break Faith with the other are both run down and fall under the Chance of War It is no matter which of them is in the Conquerors hands because they are all as one If their King have that hard fate