A defence of the vindication of the deprived bishops wherein the case of Abiathar is particularly considered, and the invalidity of lay-deprivations is further proved, from the doctrine received under the Old Testament, continued in the first ages of christianity, and from our own fundamental laws, in a reply to Dr. Hody and another author : to which is annexed, the doctrine of the church of England, concerning the independency of the clergy on the lay-power, as to those rights of theirs which are purely spiritual, reconciled with our oath of supremancy, and the lay-deprivations of the popish bishops in the beginning of the reformation / by the author of the Vindication of the deprived bishops.

§ XIII No reason to reckon on the per∣sumed consent of the Bishops inju∣red by an Invalid deprivation, for discharging their Subjects Consci∣ences from Duty to them.

The Doctor here foresees an answer, that I do not find was ever admitted by the Vindicator, and therefore will only concern them on whose Principles it is made. That is, that in such difficult Cases, it is presumed that the deprived Bishop gives his consent, and that this presump∣tion must be reckoned on to discharge the Subjects from their Duty to him with regard to Conscience. It is a most extravagant remissness thus to permit the interpretation of the Oaths to the desires and interests of those who are to be obliged by them, That whenever the observing them puts them upon any Straights, they shall then be at liberty to betray their own Faith, and his Security for whose sake they had un∣dertaken them; and that by so unreasonable a persumtion of his con∣sent whose Security was thus provided for. It utterly ruines the whole design of giving this Security by the way of Oaths. That is, to ob∣lige them in such Cases wherein no considerations can oblige them, but those of Conscience, where their corrupt affections, should incline them to the contrary, and where there is no visible force appearing that may make the inconveniences of breaking their Faith greater than those of keeping it. That is, perfectly to disoblige them in that very Case wherein the Psalmist does most commend the Observation of Oaths, That is, when they are to the hindrance of those who must observe them: Nor does it follow that because the consent of an injured Go∣vernour may indeed be presumed in Acts of Government, for a time, which do not by any consequence affect his Title; therefore it may be presumed also in Acts wherein his consent would be inconsistent with his design of continuing his Claim, when he neither has, nor intends to relinquish it. Nor does it follow that, because in some Cases, where∣in publick considerations may prevail with them, good men may pati∣ently submit to the prejudice of their own Right; therefore they cannot be good men, who do not submit in Cases, wherein the same consi∣derations of the Publick (of which they only have a Right to judg who have a Right to Authority) do, in their Judgments, make the insisting of their Rights more necessary and becoming them. If Rights must always be surrendred by good men as often as ill men are pleased to invade them; In vain are Laws for determining or defending them. In vain at least must good men (who ought to be the favourites of wise and just Lawmakers) expect the benifit of Laws, if they must ne∣ver plead their Rights. In vain are good men trusted with such Rights as are the Publick Interests of their Societyes, if they, who are other∣wise

the more trusty for being good, must here upon that same con∣sideration of their being good men, be obnoxious to those impressions of Conscience which must make them think themselves obliged to be∣tray them; if that very consideration that the publick and their own private Interests are coincident, must make them as prodigal of the pub∣lick Interests as they would be of their own. Nor has the Doctor, nor any other that I know of, insisted on any considerations particu∣lar to our present Case, but only on such general ones, as (if they proved any thing) would prove in general, that all good men are ob∣liged to surrender their Rights whenever Wicked men are pleased to invade them.

Notes

• Psal. XV. 4.