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A41952 Reflections upon Mr. Johnson's notes on the pastoral letter by William Gallaway ... Gallaway, William, b. 1659 or 60. 1694 (1694) Wing G178; ESTC R8149 33,013 66

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fright ●hem into his Net with a Venient Romani The French the Irish and Popish Tyranny will be upon you if you do not take the Oath The Bishop in his Pastoral Letter page the 3 d and 4 th informs his Clergy That by ref●sing the Oath they might do a considerable Prejudice to the Publick Peace and shake as far as in them lay the present Settlement of the Nation and therefore they ought to consider well the Grounds of their Non-Compliance before they adventur'd against a Wo●k which in the whole Progress of it has had so many signal Characters of a Favourable Providence and then he adds the Advantages we have reap'd by it and the mischievous Consequences that might ensue in case they did not take the Oaths which were Popish Tyranny An Irish Conquest and Massacre and French Barbarity and Cruelty To which he subjoyns A Man that adventures on so dangerous a Thing as refusing the Oaths had need be very sure that he is in all this matter in the Right Otherwise he runs a Risque of sighting against God if he should happen to be in the wrong Upon the whole matter the Bishop makes use of the Topick of Divine Providence to perswade their Compliance and the great Miseries we might bring on our own Heads after so great a Deliverance if there were not an Unanimous agreement amongst us Gamaliel I presume must be acknowledg'd as Wise a Doctor as Mr. Iohnson can be thought by any of our great Council and as a Proof of it the whole body of the People o● Israel were concluded by his Advice in the great Sanhedrim purposely conveened to determine that Important Affair in Relation to those Doctrines and Miracles which were wrought and preach'd by the Apostles and which they were so zealous to oppose You may at your leisure read the whole Transaction in the 5 th of the Acts of the Apostles but because 't is pertinent to my present purpose I will recite Gamaliel's Advice in the great Council contained in the 38 th and 39 th Verses And now I say unto you Refrain from these men and let them alone for if this Counsel or this Work be of Men it will come to nought But if it be of God ye cannot overthrow it lest haply ye be found even to fight against God So that as that great Revolution in Religion and the New Face of Affairs in the World was brought to pass by the powerful Hand of God and could not be resisted So also there are many Instances to be given of the Visible Providences which attended and procur'd our happy Settlement and preserv'd that Faith of Christ which we profess in its P●imitive Purity and against which the utmost Ef●orts and Artifi●es of a Resolv'd and Attempted Power could not prevail We might still have enjoy'd an uninterrupted continuance of its kind Influences had not our Ingratitude Divisions as well as Treachery and Malice to each other those most provoking sins loudly call'd for Judgments to fall on us Now I am the Fairest Adversary in the World tho I say it my self You have le●t out Who should not ay it But I will no more believe you than if you should say you were a Saint or that your Gall did not lye in your Scull because you have almost in every Particular throughout your Notes vented your ungovern'd Passion more than Reason One of the things he says we ought to fear and tremble at is Popish Tyranny I would fain know whether the word Popish added to Tyranny makes it better or worse In this Note Mr. Iohnson thinks himself safe but I 'le inform him that the Word Tyranny may be made Blacker that there 's no false Heraldry in it That Popish and Protestant Tyranny are not alike and that their Effects are not the same Popish Tyranny is the worst of Tyrannies it attempts to enslave mens Consciences their Religion as well as Liberties and Properties And because I will be before-hand with him in Instances French Tyranny is Popish Tyranny and a late Author tells us that Danish is Protestant I have nothing to say against your Story of Sir Ellis Leighton and that the late King's Design was to subvert the Government The Papists do not deny it And as for those Imprudent Discourses if there were any such let the guilty answer for themselves He may please himself with his several Descants on the Word King Our King makes the Laws of the Kingdom his Rule to govern by and desires no more Power than to be able to do all the good he can to his People I go therefore in the next place to set before you those Reasons that seem convincing to me even tho there were no more to be said for the presen● Settlement but that we have a Throne filled and a King and Queen in Possession After Mr. Iohnson hath made a Flourish he tells us I shall take the pains of examining them One by One and find out if I can their power of Conviction which I am afraid is like an Estate left in Diego's Will He is so merry a Gentleman and hath such an Overflowing of frothy Conceits that I am afraid he won't live long But to the Reasons The Bishop never design'd nor ever hopes to convince you with his Reasons Instead of being as good as your Word in examining the Bishop's Reasons a fancy comes in to your Head that the Throne is widened and then you tell us for wha● Reason I know not That you believe that a King and Queen in possession alone or a King and Queen de Facto together in Opposition to de Jure would have frighted Cook Littleton c. I will repeat no more of what 's nothing to the purpose and I thought you had lov'd the great Dead Lawyers better than to contrive any Scare-crows to fright them The Bishop in his Pastoral Letter page 21 st Declares the King and Queens Right to the Crown from the Determina●ion and Declaration of the Peers and People of England chosen and Assembled together with all possible Freedom So that he hath nothing to do with the Distinction of de Facto and de Iure Possession is a very good Title till a better appears and the Bishop tells us the King and Queen have a Lawful Title and a Right to our Allegiance for several Reasons And there is no need of the Bishop's naming the Cause or how they came into the Throne because this Reason is press'd only on Supposition of their bare Possession of it But to the following part of the Paragraph The bringing the State of the Question so low may seem at first View not to be of so much Advantage to Their Majesties Title but since I intend to carry the matter further before I leave it I hope it may be no incongruous method to begin at that which will take in the greatest Numbers since there is no dispute in this that they are actually in possession of the
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 Fi●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 ●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 co●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 Goblin● 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 d●sign of it He runs away with his whymsical mis-apprehension of the ma●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 ●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 A●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
will only add the Opinion of the Judicious and Ingenious Author of the Character of a Trimmer page the 7th When all is said There is a natural reason of State an undefinable thing grounded upon the Common good of Mankind which is Immortal and in all Changes and Revolutions still preserveth its Original Right of saving a Nation when a Letter of the Law perhaps would destroy it And by whatsoever means it moveth carrieth a power with it that admitteth of no Opposition being supported by Nature which inspireth an immediate consent at so critical times into every individual Member to that which vi●ibly tendeth to the preservation of the whole And this being so a wise Prince instead of controverting the Right of this Reason of State will by all means endeavour it may be on his side and then he will be secure But to return to my Noter who would have done but honestly to have clear'd the Bishop from this false Imputation by informing the World with what he says in his 26 th page of the Pastoral Letter where he presumes those Men to have been very much mistaken who have taken up an Opinion That there is an uncontroulable and Supream Power lodged with our Kings by a Divine Deputation which exempts them from being call'd to an account or resisted by their people let their Violations of the Law be never so many or so Eminent And in the next page he proves it from the Original Articles granted by King Iohn which he there repeats with this Inference● And the Subjects are not only warranted but r●quir'd to enter into Associations and Oaths for that Effect This is an Evidence that by the Ancient Constitution of England there was no such irresistable Authority in our Kings as some have been inclin'd ●o imagine To which the Bishop subjoyns this wise and seasonable Caution But after all if there are any who are so possest with their pre-conceited Opinions that they either cannot lay them down or will not confess that they have been mistaken in their Notions of Politicks these ought to be very sure that they are in the right before they will adventure as far as in them lies to undermine and shake the present Constitution To what base shifts is impotent Malice put to compass its wicked but unsuccessful designs But to proceed to the Bishop's 4 th Paragraph This is either true or those who live upon a Continent and that are subject to the Conquests and Inva●ions of their Neighbours must be miserable For tho our happy Scituation has exempted us for a whole Age from falling under any such difficulties yet this is a Case that falls often out in all different States which are on the same Continent Upon which our Noter observes This is shifting the Scene for he knows that we are a World by our selves and have nothing to do with the Continent It is a Land-loping Argument and till we are in the Condition of the Flanderkin Towns● he need not urge us with their Practice and Example And he is wholly out of the way in every word he utters For we are not deserted or forsaken nor conquer`d or subdu'd nor under the power of an Enemy nor treated as Enemies nor cudgelled into an Oath of Allegiance nor ever will be Our Noter in this place is cudgelling and conquering his own shadow for the Bishop hath not affirm`d that we are so barbarously us'd but knows that we are in profound peace What is Reason in England is Reason in Flanders and all the world over The Bishop is only comparing and stating the Point and Case of the Non jurors with that of the Subjects on the Continent who are often subject to Conquests He is not come as yet to the Merits of the Cause but argues That a bare possession which gives protection obliges those who live under it to swear Allegiance and 't is matter of Fact that the Flanderkins do swear Allegiance to the French when he is Master of a Town and so in like manner to the Spaniard so that he infers the lawfulness and reasonableness of so doing and offers it as a Reason and Argument to the Non-jurors and the inevitable destruction of Cities and Societies if they did not and so by consequence that Allegiance is a diffeasable thing and may be transferr'd when there is a pressing necessity for it If I should say Mr. Iohnson was wonderfully subject to error and mistakes and that he was no more Infallible in his Notes than the Pope of Rome we should have him call it a Land-loping Argument in his Second Part but I am sure what he hath noted on the Bishop's Argument by way of Comparison is Forreign and Outlandish to the purpose But our weak Noter proceeds in his mistake and tells us If I were hired to write against the Oath of Allegiance I would use such Arguments as this is I verily believe you would because I find by Experience you are very apt to write what is altogether impertinent to the matter in hand and in most places your Notes are quite contrary to the Point Are we in the Case of those that are slaves under the Spaniard and slaves under the French that often change their Master but never their Condition that are Prize and re-taken and Prize still Let him answer me that I will answer for the Bishop No we are not Nor hath the Bishop mention'd one word of Slavery or compar`d our condition with theirs We have indeed chang'd our Master some time since and I think much better'd our condition But in all his Travels could he find no Copy for us to write after nor no body to match us with but a conquer'd People The Bishop hath unluckily made use of the word Conquest and Invasions tho apply'd to the Continent and our Misrepresenter will have it that the Bishop is matching our Condition with a conquer'd people But I think any man who hath a Grain of Sense must own the Bishop intended nothing like it but only as he evidently tryeth to prove the Absurdity and Falseness of Indiffeasable Allegiance Mr. Iohnson tells us I love to talk with Maxims as I do the sight of an Ass who looks like Gravity and Wisdom and is not I know the Reason of it a Jest upon an Ass is thrown away and Maxims are such wise and grave things that they are above the short reach of your Understanding and then you lose an Opportunity of shewing your dogrel parts But to the other part of our Paragraph For if subjects owe their natural Prince such an Obstinate Allegiance that neither desertion nor conquest can dissolve it then in what a miserable condition must they be when they fall under the power of their Enemy that never thinks himself secure of them but treats them still as Enemies till they swear Allegiance to him upon which observe our Noter I can tell him And that 's all I know you can't prove it and I am sure
about it but that I am perswaded it was designed with a good intention and that the publishing of it at this tim● is insignificant and can serve to no other end than to discover your own inveterate spleen If it be an Honour and Reputation to a man of Learning as certainly it is to own and retract an Errour and to embrace the truth by what Motives or at what time soever he Apprehends it Why then should the Learned Dean of St. Pauls lye under an Imputation for owning his mistakes The greatest men sometimes err misconceive and are easily carry'd away with a current tho mistaken Opinion Some indeed are so obstinate and proud that they rather persist to eat sowr grapes than discover a weakness in their choice but it shews a man hath a true relish for truth when being convinc'd of his former Errour He readily embraces her The same Principles and reasons which convince me have not perhaps the same force with another man occasion'd by our different conceptions and Judgments therefore we must bear with and believe the best of each other Could we suppose an equal capacity to Judge we might conclude that most men would have the same sentiments of things presuming they were alike Impartial But there are weak Judgments Prejudices Prepossessions Interests and Passions which like so many strong Biasses draw and incline us from truth 'T is a Censorious and uncharitable opinion positively to affirm that Interest without any conviction hath changed a mans sentiments And the Deans Works express so deep and Noble a sence of Religion that I should think it a ●in in me to harbour the least thought that he should make ship-wrack of his conscience for any advantage whatsoever If the Dean hath been mistaken in his case of R●sistance I am sure Mr. Iohnson hath misrepresented his sense ●●cording to custome in his case of Allegiance for the Dean hath not Authoriz'd Tyranny in Title or Vsurpation but only endeavour'd to prove how far our Allegiance is due upon supposition or even tho we were under a Tyrant o● u●urper which misapprehension he obviates in the preface to his case of Allegiance and de●lares ou● pr●sent King to have a different title from that of Usu●pation I will not trouble my self to repeat or r●fl●ct on his confus'd medly of stories and transactions in the late Re●g●s we all very well remember the Illegal and Arbitrary proceedings● from which we have had a happy deliverance and for which an act o● Oblivion is past And I see no Reason why any man should peevishly v●x himself for what is past and cannot be recall'd If men had been Honest and for the publick good of the Nation things would not have been manag'd as they were but at present we have no full●om Addresses with false names no Oxford Plot Irish Court Witnesses Noli Prosequi's No dispensing power Nor are New C●●rters sent into the Country to establish a n●w ki●● of Government but all things go on in th●ir proper C●annels the Laws take place and the seat● of J●dicature are fill'd with Men of Integri●y and A●ilities● who will not be made State tools nor bri●'d or f●ight●d from what is Law If M● Iohnson had looked behind the Curtain too He might have seen several new actors who were thought too Honest to have any part in the administration of Affairs in the late Governments therefore he might have omitted his foolish and impudent suggestions as if arbitrary power were forgeing on the Court Anvil He might have spar'd his insolen● and uncharitable reflections as i● those who have been advanc'd and employ'd at Court were for exposing the Kings Person in Flanders whilst they Domineer at home Mr. Iohnson because he looks on himself as the House of Commons Champion takes a great deal of Liberty to bespatter whom he pleases But wise Men always despise the Aspersions of a Craz'd Understanding and an evil tongue and a Certain Philosopher assures us that if an Ass should Kick a Man He would be the greater Beast of the two if he should K●ck him again But who could have Imagin'd that Mr. Iohnson who conceits himself qualifi'd to Govern a Kingdom to direct King Lords and Commons should be out in his politicks and because Aristotle in his politicks is severe upon Guards therefore He would have no standing Army There is a great deal of difference between having Guards and an Army to protect and secure our liberty and Properties and on the contrary to be employ'd to destroy them besides times and seasons Change and vary And Kingdoms now must Arm to de●end themselves against a Popish Tyrant who wi●h a Saracen-like Head Sawcer Eyes a wide throat and insatiable stomach attempts to devour and swallow up his neighbours Cities and Territories Mr. Iohnson thinks we have no business in Flanders but I presume he may be mistaken for the preservation of Flanders was always esteem'd the Interest of England and 't is but Common Prudence that when our neighbours House is on fire to help to quench it before it comes to our own who can foresee the ill consequences of Flanders being intirely in the French Hands The Dutch will be oblig'd to make peace and p●rhaps Joyn with the French who make a great figure at Sea and then we may want Crutches to support us and keep the seat of the war out of our own Country The rest of the Confederates will soon be overpower'd and forc'd to any terms But so long as we unite our forces to protect and defend each other upon which the ●afe●y of the whole Confederacy depends we shall be safe and secure because in all probabili●y the force and weight of Confederated Nations is not long to be resisted and like a bundle of Arrows when taken singly are easily snap'd asunder but when bound up together resist the strongest Power We know the Sea is our Element and the cheifest strength of our Island is shipping Nor hath our Naval force been so much neglected as Mr. Iohnson Insinuates 'T is the opinion of some that Our maritine affairs have not been so well manag'd in some particular cases as they might have been But I hope our bought experience will make us wiser for the future and that the force of our Fleets may be so employ'd as to retreive our los●e● and give more security to our trade But a great many ships miscarry because our Merchants for their private advantage trade without Convoys but in time they will be sensible that 't is better to come to a late Market at Cales than an Early one at St. Maloes The Refin'd polities and the other prevailing Methods of France had so far obtain'd as to blind the Eyes or lull asleep their impolitick neighbours insomuch that they have been so far from opposing that they have raised them to their present Grandeur and 't is well if their la●e discover'd mistakes and united forces have power to secu●e themselves and reduce