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A56409 A dialogue between a divine of the Church of England, and a captain of horse concerning Dr. Sherlock's late pamphlet, entituled The case of allegiance due to sovereign powers stated, &c. Parkinson, James, 1653-1722.; Captain of Horse. 1690 (1690) Wing P492A; ESTC R8649 6,905 2

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and accordingly have directed the Jury to have acquitted them from the crime of High Treason of which they were Indicted for doubtless if Powers no otherwise setled than according to his account of a thorough Settlement page 9. have Gods Authority are his Ordinance c. then those by whose Commission the Regicides acted being such setled Powers had Gods Authority too were his Ordinance c. ought to have been submitted to and obeyed and consequently the Actings of those Regicides c. were warrantable and Legal though their Masters were Vsurpers for want of a Legal Right to Govern what can he say to it Capt. No more I think than what in effect he said before pag. 46. That this is a great Prejudice but no Argument for if his Principles be true and according to his Principles those who sate as Judges in the High Court of Justice and their Assistants at the Tryal of King Charles I. did no more than became them to do and so ought to have been acquitted that they were not is no confutation of his Principles For if Learned Judges and Lawyers have agreed c. And if it has been the Sense of Westminster-Hall c. And if that be the Sense of the Law and is like to be so again if we think fit to try it that it was not sufficiently urged or insisted upon in their favour and that they were not acquitted does not prove that it might not have been so urged and insisted upon in their favour or that they ought not to have been acquitted Now though I am certain the Law condemns all Usurpations whatever upon the Regal Office yet I will not deny but it has been the constant Sense of Westminster-Hall under every Usurpation that all the duties of Allegiance ought to be paid to the Usurper but not eo nomine not as Usurper I hope no those who at any time by Commissions from Usurpers have sate as Judges in Westminster-Hall knew well enough that to admit in the least the Legal Right of their Masters to be disputed would be to admit their own Authority to fit and determine Causes there to be questioned and therefore even that same High Court of Justice would have told the Doctor if he had demurr'd to their Authority or which would have been the same thing to the Legal Right of their Employers as they told the Blessed Martyr King Charles I. Sir I must interrupt you you may not be permitted you speak of Law and Reason it is fit there should be Law and Reason and there is both against you Dr. Nalsons Journal pag. 44. Div. The Doctor himself says indeed pag. 44. That it seems to him to be unfit to dispute the Right of Princes a thing which no Government he says can permit to be a Question among their Subjects Capt. But they might permit it a body would think i● as the Doctor would persuade us nothing depended upo● it But the mischief of it is that all who take upon them to Govern c. know that all their claims of Allegiance or of any duty of Allegiance from the People do depend upon their Legal Right to Govern them c. But what d'y ' say to his Divinity Div. Why I think all the Texts of Scripture that he brings to maintain his Doctrine will stand him in no more stead than Bishop Overals Convocation-Book till he has proved tha● every Act done by force of any Natural Powers which Go● Almighty has given to any one has Gods Approbatio● merely because by restraining those Powers he could have hinder'd its execution And I think the Fellow had received better Instructions than the Dr. would have given him who being ask'd who made him gave this answer God made me a Man my Father made me a Taylor and the Devil made me a Thief Capt. A fair Distribution The Man made a Conscience it seems of giving the Devil his due Div. As every one ought I think instead of making the good God the Author of the worst Villanies committed by the instigation of the Devil as the Rebels in the late times did and as many now adays are too apt to do but then as to what the Doctor says is like to be the Sense of Westminster-Hall again if we think fit to try it I know not I confess what may be the Sense of Westminster-Hall in Case his Principles should universally obtain but the present Sense of Westminster-Hall I believe is against him in some things he may try his own Cause when he pleases Capt. Ay and We 'll try ours when we see our own time But I cannot imagine I confess to what end he quotes Dan. 4. 17. For the most High ruleth in the Kingdom of men and giveth it to whomsoever he will and setteth up over it the basest of men page 11. Not having first proved what as you say he ought to have proved Div. That you must know was to anticipate an Objection which the Doctor foresaw would arise upon another Text of Scripture which he brings in pag. 35. viz. Hosea 8. 4. They have set up Kings but not by me They have made Princes but I knew it not But you 'll pardon me Captain that I must take my leave of you a little abruptly I see a worthy Gentleman there that I must have a word with Capt. Farewel then Divine Adieu LONDON Printed and are to be sold by Randall Taylor near Stationers-Hall 1690. Hudib in MS.