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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

and who those are which in your esteem are the honest Loyal Party Div. That is such an odd Question now when the Doctor tell 's us Pag. 14. how consistently with him self it matters not that we can have but one King at a time but to humour you for once by King I mean a Lawful King or if you had rather have it in Latin a King de jure which I take our King to be and by honest Loyal Party I mean those who have in all times even in the worst of times strictly adhered to such their Lawful King in opposition to all the injurious Claims and Pretences of Oliver the Rump Monmouth and the like Capt. I understand you now But 't is hard to say what the Doctor would be at for after he had led us out of the dark Labyrinths of Law c. and put us under the conduct of Providence and Pag. 17. taught us to follow Her step by step in such sort as to proportion our Duties of Allegiance to all her Events and to take for the Object of those Duties any Powers whatever tho destitute of all Legal Right so settled no matter by what means as may agree with his Definition of thorough settled Powers Pag. 9. After all this I say the Doctor having probably found more Difficulties in Providence than that one which he mentions Pag. 32. brings us back again into the dark Labyrinths of Law I hope he means us no harm Div. No no we ought to judg charitably Capt. However let us walk warily the while Div. Ay where are we now Capt. Why the Doctor says Pag. 54. that what Prince we must obey and to what particular Prince we must pay our Allegiance the Law of God does not tell us but this we must learn from the Laws of the Land And so he proceeds Ibid. to state the Question whether the Subjects of England when such a Case happens must pay their Allegiance to a King de jure who is dispossess'd of his Throne or to the King de facto who is possessed of it without a Legal Right Div. But to whose Determination will he submit that Point Capt. He tells you in effect by a pair of other Questions Ibid. Is it not says he most reasonable to think that to be the sense of the Law which learned Judges and Lawyers have agreed is the sense of it And again Is it not reasonable to take that to be the sense of the Law which has been the sense of Westminster-Hall and is like to be so again if we think fit to try it Div. He had done well though to have told us whether by his Learned Judges Capt. Take heed how you step there 's a what d' ye call 't a Trap or a Pitfal or something like it just before ye Lend me your hand Div. Thanks good Captain Now I see my way But as I was saying the Doctor had done well to have told us whether by his Learned Judges he would have us to understand Judges de facto or de jure For who knows but by his Learned Judges who have agreed c. he may mean Bradshaw and his Companions and by his Learned Lawyers that Cook who pleaded in quality of Sollicitor before the High Court of Justice so call'd and Prideaux and the rest of that Tribe of Mercenaries to the Usurpers of those times many of whom it cannot be denyed were sufficiently Learned Capt. But I think they had no Honesty to spare For 't is well known that Glynn and M d To make good Subjects Traytors strain'd hard Div. The Doctor you see has not made Honesty a necessary Qualification to Authorise the judgments or determinations of his Judges and Lawyers But if he had 't is all one to him for according to his Notions those Sparks were very honest Fellows they acted by Commissions from the then Powers who according to his account of the matter were thorough setled Powers and the Ordinance of God to whom all Allegiance was due and which ought not to be resisted Now though the Doctor would not be thought a friend to the Usurpations of the Rump Parliament the Late Protector or Committee of Safety c. but in his Preface and in some other parts of his Book seems to cast them all off yet to the Objection pag. 45 46. that upon his Principles we might submit and swear to a Rump Parliament or to another Protector or to a Committee of Safety c. and that his Principles arraign all the Opposers of those Vsurpations as the Resisters of Gods Ordinance c. He gives such an Answer you 'l see as effectually acknowledges them all to have been God's Ordinance which ought to have been complied with and not resisted his Answer is that it is a great prejudice but no Argument for if these Principles be true says he and according to these Principles they the Loyal Nobility Gentry and Clergy might have complied with those Vsurpations that they did not is no confutation of them It is plain I think by this that the Doctor himself found that he could not support his Argument upon any other Principles than would justifie those Powers and Arraign the honest Loyal Nobility Gentry and Clergy c. as resisting God's Ordinance by their Opposition to those Vsurped Powers and their attempts to restore their King to his Throne Capt. Well But he can't expect to top upon many the Judgments and Opinions of the Judges and Lawyers of those times for an Authentick Sense of Westminster-Hall Div. Where will he be then for if he means publick Judgments or Opinions of any who either have sate or do fit as Judges in any of the Courts at Westminster by K. W's Commission or any Opinions of Lawyers delivered at any of the Bars of those Courts before them in favour of his Doctrine in this Point he should have cited one Case at least since most People I presume are Strangers to any such Judgment given in Westminster-Hall during this Reign and do think that if the Doctor at any time since the New Oath was appointed to be taken could have found his way from the Temple to Westminster-Hall whither he is so ready now to direct others some of the Learned there might have told him another Story And if he means by his has been agreed c. and has been the sense of Westminster-Hall some Judgment or Sentence given in Westminster-Hall antecedent to the Usurpations upon King Charles I. and II. in favour of Submission and Obedience to any Powers de facto not having Legal Right 't is probable such Judgment was extant in Print before the Tryal of the Regicides who might then have offer'd it in their own defence and if that they did not was owing to their Ignorance of the Law it may however be reasonably supposed that some of the many Honourable Commissioners of Oyer and Terminer Learned in the Law before whom they were tryed would have found it out

● DIALOGUE between a Divine of the Church of England and a Captain of Horse concerning Dr. Sherlock's late Pamphlet Entitled The Case of Allegiante due to Sovereign Powers stated c. ●ivine 'T IS your opinion then that it had been better that the Doctor had never set Pen to Paper upon the Subject Capt. Much better doubtless with a ●●spect to his own Credit and the Reputation of the Cause 〈◊〉 has at length espoused Div. Thus far I agree with you that unless he could have ●●tified his own doing upon Principles more honorable to 〈◊〉 Methods and Instruments of the late Revolution he ●●ght to have kept his Thoughts within his own Breast 〈◊〉 more Reasons than one I think he should not at this 〈◊〉 of the day have published a Book which whatever 〈◊〉 Design of it was can have no better Effect than to ren●●r all those who if I may so say lent an early Assistance to ●●ovidence in its first Motions towards the thorough Settlement 〈◊〉 talks of to be no better than a Company of One ●●rd in your Ear. Capt. True however we have an Act of Grace which 〈◊〉 I remember pardons us all to the Sixteenth of May last Div. Right and if we had not then a thorough Settle●●nt the Doctor may chance to come in for a Snack yet 〈◊〉 the score of his Congratulatory Visit c. Capt. No the Doctor tells ye pag. 17. If the generality 〈◊〉 the Nation submit to such a Prince i. e. a Prince accord●●● to his supposition wanting a Legal Right and place 〈◊〉 on the Throne and put the whole Power of the Kingdom 〈◊〉 his hands tho it may be we cannot yet think the Provi●●●ce of God has settled him in the Throne while the dispos●●●d Prince has also such a formidable Power as makes the 〈◊〉 very doubtful yet if we think fit to continue in the ●●●gdom under the Government and Power of the new Prince 〈◊〉 are several Duties which we ought to pay him And 〈◊〉 he proceeds to enumerate all the Duties that can fall ●●thin the compass of any Charge that can be made against himself upon the account of any thing he did antecedent to what he calls a thorough Settlement Div. So that the Doctor I find is very careful to save one Capt. But not to hang up the rest I hope Div. No no he leaves 'em to the King's Mercy under a mild Government Capt. But who will he have then to be the true Objects of his Princes Bounty I would fain know for it seems to me that according to the Doctor 's Notions there are but a very few Div. Why the fewer the better cheer Man He 'll meet with the less opposition whenever he shall think fit to stand Candidate for any farther Preferment for all Mankind will agree that those that do the most that can be expected from them according to the strictest Principles of Loyalty and Obedience Pag. 16. are preferable in that Point to all others Capt. Ay and doubtless they are Div. Well and for a plain Direction to Subjects in all the Revolutions of Government he lays down this The most says he that can be expected from them according to the strictest Principles of Loyalty and Obedience is to have no hand in such Revolutions or to oppose them as far as they can and not to be hasty and forward in their Compliances but when such a Revolution is made and they cannot help it they must reverence and obey their new Prince as invested with God's Authority Ibid. Capt. I am not like to be a Colonel then during this Reign for when King James had such a formidable Power as made the event doubtful I taking the King of Great Britain to be my lawful King 't is well known that I assisted him all that I could at the Boyn Div. And as to Swearing and Praying and all that 't is as well known that I did what became me as early as the most forward of them all and therefore Wo is me I am utterly excluded according to the Doctor from all hopes of a Bishoprick Capt. Don't despond my Friend however for I presume an honest Man may yet be allow'd to tell the Doctor to his face That our King and his Royal Consort Q. Mary have a Right a true and indisputable Right not only to what they possess at present but to what they claim and is forcibly detein'd from them by the Rebels Div. What need you be so earnest tho Let me beg of you Noble Captain to moderate your Zeal for the King's Honor and Service a little at present that you may the better attend to the Doctor who says again That many of those who have writ in defence of the new Oath have supposed this that a Legal Right is necessary to make Allegiance due and therefore have endeavoured to justifie the Legal Right of K. William and Q. Mary Pag. 1. Capt. Well but what Effect had those Endeavours towards his late Conversion Div. None at all it seems for in the same breath he tells us That How well soever such Disputes may be intended they are certainly needless in this Cause and serve only to confound it by carrying Men into such dark Labyrinths of Law and History c. as very few know how to find their way out of again Ibid. Pag. 2. Capt. He 's an admirable Advocate the while to betray his Cause thus at the first dash by telling the World in effect that we have neither Law nor Precedent to support it Div. Nay if the Doctor does not play Booty I don't understand him for let but the foundation-Claim of Legal Right be once removed and our glorious Superstructure must infallibly come to the ground for what any one wrongfully possesses be it a Crown or a Cottage most Men will think ought to be restored to the right Owner And what if none of those many Writers he talks of have been so happy in their Endeavours to justifie the Legal Right of K. W. and Q. M. as a body might wish does it become him to declare so to all the World And over and above to lay an Embargo as it were upon all future Attempts of that kind We have known how fruitless for a long time the Endeavours of some Men to prove the Original Contract were rendered by the contrary Endeavours of others till Time that brings all things to light has made it as plain and legible as now it appears Now I my self I speak it without Vanity dare undertake to produce Law and History enough in half an hour not only to justifie his Majesties late doings which some Men seem to take so much pleasure in censuring but to free all the honest Loyal Party from that Reproach they have labour'd under from the beginning of the late Troubles to this day upon the score of their Duty to their King and Country Capt. Explain your self a little however that I may know what King you mean