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A54842 An impartial inquiry into the nature of sin in which are evidently proved its positive entity or being, the true original of its existence, the essentiall parts of its composition by reason, by authority divine, humane, antient, modern, Romane, Reformed, by the adversaries confessions and contradictions, by the judgement of experience and common sense partly extorted by Mr. Hickman's challenge, partly by the influence which his errour hath had on the lives of many, (especially on the practice of our last and worst times,) but chiefly intended as an amulet to prevent the like mischiefs to come : to which is added An appendix in vindication of Doctor Hammond, with the concurrence of Doctor Sanderson, Oxford visitors impleaded, the supreme authority asserted : together with diverse other subjects, whose heads are gathered in the contents : after all A postscript concerning some dealings of Mr. Baxter / by Thomas Pierce ... Pierce, Thomas, 1622-1691. 1660 (1660) Wing P2184; ESTC R80 247,562 303

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indeed object against him his Dissent from the Doctrine of the Church of England so to their shame if they had any he freed himself from that charge Master P●m's Report to the House of Commons is no proof at all that he was censur'd by the Parliament And the Order of that House in the behalf of the Articles was not hurtfull to him who oppos'd them not but understood them better and declar'd as much for them as the Commoners could doe § 44. To Mr. Hickmans rare Question p. 28. How comes it to pass that those who now follow Arminius did heretofore follow Mr. Calvin I thank him for the occasion to make this Answer That the older men gr●w they grow the wiser and more impartial To what end do men study both men and books but to discover the mistakes of their giddy youth Is it not fit that the aged Bishop of Winchester should understand things better then young Mr. Andrews But he was a Bishop and one who lived at such a Time when it was safe to leave Calvin as King Iames his Great Master had also done And therefore to satisfie Mr. Hickman Let the Question be put of Dr. Sanderson whose change of judgement was never publish'd untill the last and worst times whilst yet the Followers of Calvin had power to persecute their opponents why did he follow the way of Calvin in point of Doctrine I mean his sublapsarian way before he considered and compar'd it with other wayes and at last forsook it after such consideration The very Question suggests the Answer which in all reason is to be made And may suffice for a general answer to the farr greatest part of Mr. Hickman's long Preface Observe Good Reader the most Ingenuous Confession of that so eminently learned and holy man Giving himself to the study of practicall Divinity he saith he took up most other things upon trust And this he did so much the rather because Calvin at that time was not so wholesomely suspected as blessed be God he since hath been But to express it in the words of the Judicious Doctor Sanderson The honour of Calvin's name gave Reputation to his very errours And if so great a Scholar as he did take up opinions upon trust and was carried down the stream of the common errours his weaker brethren could not choose but be swept away with so strong a Torrent § 45. But they were farr from being such whose Questions in the Act Mr. Hickman reciteth from Mr. Prin as he hath done the greatest part of his tedious Preface For Doctor Iackson might well acknowledge all lost in Adam when he supposed a Recovery of all in Christ. And here it is observable that Mr. Hickman hath not stoln fairly For Mr. Prin expressed very honestly what his jugling Transcriber thought it his Interest to conceal It was the very first of the Doctors three Questions An Peccatum originale contineat in se aliquid positivi And this was held in the affirmative The other Act-questions were Doctor Frewin's the now-Right Honourable and Right Reverend Father in God the Bishop of Coventry and Litchfield whom I am never able to name without a preface of honour and veneration Who if he did once Calvinizare as Bishop Andrews and King Iames before the times of their conversion let it suffice that his latter judgement is much preferrable to his former It is no more to the disparagement of Doctor Goad and Master Hales and Daniel ●ilenus the Synodist at Dort and Doctor Potter and Doctor Godwin and Melanchthon himself and the late Primate that as soon as they saw they forsook their errours then it could be to Saint Paul that though as long as in comparison he was a child he spake as a child understood as a child and thought as a child yet when he grew to a perfect man he put away childish things And hence Mr. Hickman may take the reason why I parted with those opinions I first embraced which now he reproacheth me withall p. 29. though more to my honour then he imagin'd But he must know that by the first of the three last Questions An praedestinatio ad salutem sit propter praevisam fidem he seems to be ignorant of the difference betwixt the foresight of Faith and Faith foreseen as betwixt ex and propter a condition and a cause secundum praescientiam Fidei propter fidem praescitam And so he is like the vain Ianglers of whom Saint Paul speaks to Timothy that they desired to be Teachers understanding neither what they said nor whereof they affirmed § 46. Of Lambeth Articles that they were caused to be suppress'd by Queen Elizabeth See Doctor Heylin his Examen Historicum p. 164. That King Iames before he dyed was an Anti-Calvinist appears by the Conference at Hampton Court and by his great approbation of all that was preached by Bishop Andrews which was as opposite to Calvin as light to darkness and by his high esteem of B●shop OVERALL who was wont to call the Calvinists The Zenonian Sect and by his singular favour to Bishop Montague whom he imployed in composing his Apparatus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and whose Appeal he adorned with his Royal Patronage and Protection which yet he could not have done if he had not been that which they call Arminian That Bishop Montague was incouraged by the special Direction of King IAMES to Dedicate that Book to his Royal self is most apparent to every man who wil● but read his own words in his Dedication If any Reader can yet be ignorant of King Iames his deliverance from that captivity into which he had been l●dd by his first and worst Teachers let him peruse that Epistle with which the learned Tilenus Senior did dedicate his Book to that learned King even his Book of Animadversions upon the Synod of Dorts Canon There the Reader will be inform'd how Tilenus his Paraenesis had pleas'd that King who gave a proof of his special liking by his speciall command to have it Printed How a little after that the King invited him by a Letter to come over into England and here to try the effects of his Royall Favour How his Majestie took care that care might be taken by other men Not to blaspheme with the Puritanes in making God the Author of sin How he assented to Tilenus whilst he inveighed against the Error of irrespective decrees especially that of Reprobation A more impious errour then which he said a Synod of Divels was not able to invent Thence he styled it the Horrendum illud Calvini decretum and professed to see nothing throughout the whole Calvinian Scheme which did not either flow out of Zeno's porch or from the Tables of the Destinies or from the stinking Mephitis of the Manichees By all which it is apparent that Mr. Hickman is unexcusable as far as his 38. page where he grows less guilty
AN IMPARTIAL INQUIRY INTO THE Nature of Sin In which are evidently Proved Its POSITIVE ENTITY or BEING The true Original of its Existence The Essentiall Parts of its Composition By Reason Authority Divine Humane Antient Modern Romane Reformed The Adversaries Confessions and Contradictions The Judgement of Experience and Common sense Partly Extorted by Mr. Hickman's challenge partly by the Influence which his Errour hath had on the Lives of many especially on the Practice of our last and worst Times But chiefly intended as an Amulet to prevent the like mischiefs in time to come To which is added An Appendix in vindication of Doctor HAMMOND with the concurrencey of Doctor SANDERSON The Oxford Visitors impleaded The Supreme Authority asserted together with diverse other Subjects whose Heads are gathered in the Contents After all A Postscript concerning some dealings of Mr. BAXTER By THOMAS PIERCE Rector of Brington LONDON Printed by R. N. for T. Garthwait at the little North-door of Saint Pauls Church 1660. To my Reverend Friend Mr. I. B. at his lodging in Saint Paul's Church-yard Sir THe Face of Things in our British World which the giddy Phaetons of the Times had lately confounded into a Chaos doth not onely seem so strangely but so miraculously alter'd since the Book I now send you was first engaged in the Press that had not the Stationer and the Printer put it wholly out of my power before your Letter of good news was so much as written I had laid my Spunge upon several passages and expressions which however they are of eternal verity were yet much fitter when they were Penn'd than now they are come into the Light For then I took it to be a Time wherein 't was proper to engage in a Defensive war But now I hope it is a season wherein the Lamb shall lye down by the Wolf in peace and the once-affrighted Kid commend the neighbourhood of the Leopard Then I thought it was a Time in which the enemies of God and of his Anointed both King and Church were to be conquer'd into obedience by dint of Argument and discourse But now I hope the Time is coming in which the enemies I speak of will face about and turn Friends Or if they are backward to reconcilement and will not forgive us for having suffer'd as fearing our Suffrings have been greater than they think we are able to forgive I think our noblest way will be to confute their fears with our moderation and so to pull them in to us by cords of Love I know there are certain Ciniflones who blow the Coals of Dissension with greatest Fierceness when they see them most likely to be extinguish'd They represent the suffring Party as men that breath nothing but vengeance and therefore not to be trusted with old Injoyments but still to continue the suffring Party And so because they have been injur'd for some years past to be Incapable of Justice for time to come But if there are here and there a few who lose the benefit of their sufferings by their Impatience as I am not able to excuse them and think them punished with their sin so must I hold those other men the envious Cole-Blowers I spake of to be more incapable of excuse in that they charge on so many thousands the indiscretion perhaps of Twenty or Thirty persons who peradventure do onely SAY that they are some of the Kings Party For the Rule to measure His Party by must be the Nature of their affections which so far as they are differing from what they are known to be in Him so far themselves must be known to be none of His. And His are Fatherly affections as we may judge by his choice to lose the Benefit of his Right for so long a Time rather than force his way to it by forreigne Help And truly Sir I can say it as a very great Truth That as when our David w●s even hunted and forc'd to fly into the Wilderness it seem'd a kind of Disloyalty for us to prosper at least so farr as to dwell a● Home And all our comfort was even this that we were not guilty of being safe at a time when it was difficult to be safe and Innocent both at once so now that we hope he is returning to his Jerusalem in peace and his people with joy to their antient Loyalty and Allegiance I am not able even to wish much less to use my least endeavour that our Enemies may suff●r as heavy things as they Inflicted I wish them deprived of nothing else but what will kill them if they retain it I wish them Health and prosperity and perfect Liberty of conscience as well as of person and of purse But more then these I wish them Loyalty from this time forward I wish them unanimity and uniformity in Religion I wish them the Grace of Restitution to every person whom they wronged I do not wish with Saint Paul they may be delivered up to Satan for the destruction of the flesh but that their spirits may be saved in the day of the Lord Jesus And so I hope I may boldly say I wish them no worse than I wish my self For I earnestly wish and make it my prayer to God Almighty that I never may prosper in any ill course either by error of Judgement or guilt of Practice More than this I thank God I do not wish to my greatest enemies and less I cannot wish to my dearest Friends I wish our David may prove the Centre for our Affections to meet and concentre in from the most opposite points of the whole circumference Whatever our Distances may have been and still may be as to some opinions I wish at last we may unite and be one in him And so Remember how we agree in Love and Loyalty to our Soveraign as to forget how we differ in other things All the Revenge that I desire is that of Joseph towards his Brethren who though they had stripped him of his clothes and cast him cruelly into the pit and cheaply sold him to the Ishmaelites Gen. 37. yet he requited them no worse then with food and raiment Nay casting his Arms about their necks he suffer'd his love to run out into tears and kisses Gen. 45. If we look backward I must profess I have been many times engaged in such pen-combats as now I publish But looking forward I suppose that I shall run with the Foremost to Love and union Some may otherwise conjecture by what is said in my Appendix at such a Time But 't is for want of Consideration that my whole performance was both extorted by the Adversary and dispatched by my self and also committed unto the Press before I could hear of any Endeavours to reconcile the Pens of dissenting Brethren or but to make a cessation of such like Arms. Sure I am I am as ready as any one of my Brethren to sacrifice any thing to Peace excepting righteousness and truth
the confession of the Adve●sary that what is privative of one thing is also positive of another 5. From the necessity of its being complexum quid confessed also by M. Hickman 6. From the meaning of Bonum Metaphysicum as comprehending res aliquid and as signifying no more then ens in ordine ad appelitum whereas it is onely the moral good which is oppos'd to the thing in Question 7. From the positive entity of a Lye which is therefore verum as much as bonum Metaphysicum and yet hath no more of reall goodness then of reall truth in it 8. From the positive being of Satans pride and of Petronius his Inventions together with those of the Presbyterians 9. From the difference or distinction betwixt a negative and positive Atheism 10. From sins being divided into actuall and habi●uall 11. From the positive filthiness of flesh and spirit of which a man is deprived when God by his grace is plea'sd to cleanse him 12. From the Importance of the word privative which may be predicated of sinners as well as of sins 13. To harden our own hearts to consent unto Temptations and to destroy our selves by such consent are granted by all to be positive things 14. Sin is spoken of as such throughout the Scriptures 15. It is confessed by M. Hickman and by the men of his way that sin is a compound which doth consist of a materiall and formall part whereof the one being granted to be a posi●ive entity both together cannot be less 16. Betwixt the act of ha●ing God and the sin of hating God which is the act of ha●ing God there cannot he the least difference because itself cannot be different from itself for that would imply the very gross●st of Contradictions ☜ But the A●t of hating God is confessed by Master Hickman to be a positive entity And so he yields the whole Cause in spight of all his endeavours to make resistance § 8. But yet he endeavours a Resistance as far as a Ti●le-page can doe it which doth not really belong to any book in all the world much ●ess to tha● which he unhappily call'd his For it p●etends a Iustification of the Fa●hers and Schoolmen from their being self cond●mned for denying the positivity of sin And yet it p●etends to be an Answer to so much of my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as doth relate to the fo●esaid opinion H●re are ●everall things which prove him willfull in his Impostures For well he knew I had not written against the Fathers or Schoolmen much less against them as self-cond●mned much less yet for denying the positivity of sin I writ indeed against Himself and M. Hobbs but they a●e hardly so much as sons much less Fathers of the Church And though I writ against others also yet neither of th●m was a Schoolman much less a Father I writ against them as self-condem●ed because I proved out of their writings that they asserted the very Doctrines which thems●lves had confessed to be blasph●mou● So that unless our Iustificator is thicker of sense and understanding then all men else which his perusall of M. Mo●●ice forbids his Readers b●lieve his prevaric●●ions must ne●ds be wilfull § 9. After the promises of his portal I find his building is nothing else but a very long Ent y and three Back-doors As if the former were intended ●or the Am●sing of his Readers whilst the latter might serve for his own escape His Entry hath such an unseemly length that little less than a whole hour will serve hi● Readers to Travel through And if their patience will but serve them as far as the End of so long a passage in hope at last to meet with something whereby to disprove the positivity of sin they will be able to find nothing besides the mentioned Back doors at which the F●●●h●r e●capes from the Thing in Question As if he were co●scious to himself of having rashly undertaken to prove a dangerous falshood to wit that sin hath no positive being he spends almost his whole book upon a mul●itude of subjects b sides the purpose rather hudling up a Volume from whatsoever he thought pretty and durst purloin from some English Authors then taking the ●ou●age to treat of that to which his Ti●le-page confesseth he stands obliged Observe good Reader the strangest Answerer of Books that in all thy life thou hast read or heard of § 10. His Volume consists of 175. pages 65. of these are spent in an Epistle and Preface to all that follows wherein there is not one syllable so much as offering to disprove the positivity of sin Then there begins a fresh reckoning up of pages And though he takes upon him again as in his Title-page he had done to prove that sin hath not a positive Being yet he immediately flies out for 48. pages together talking of Bishops and Presbyteries and other subjects of Evasion I will not say in a phrenetick but in a very idle manner before his misgiving heart serves him to make a shew of some proof of the Thing in Question And thus he hath made an easie shift to fill up two parts of three of his Tedious Rhapsodie with more then an hundred such fragments and ends of stuff as serve to prove nothing at all besides his fearfulness to discourse of the matter in hand and his gift of impertinence above the rest of mankind and also the lightness of his fingers to supply the heaviness of his invention For after 113 pages 65 being of that which he calls his Preface and 48 of that which he calls his Book I find him using these words Having removed the Rubbish we may now come at the Question Yet goes he not many steps farther in a pretended preparation to his design when straight he digresseth to curse M. Barlee to talk of the Calvinists and Arminians by the old assistance of M. Prin and to speak for Puritans by such an admirable Impertinence that he is fain at last to use these words The Reader will pardon me who can scarce pardon my self for this excursion yet no sooner doth he confess then he commits the same trespass even by making a new excursion to my dispute with Doctor Reynolds to a Fable of Aesop and to a gross falsification of the Learned and Reverend D. Hammond which in due time and place I shall demonstrate to be such in a high Degree At last indeed he speaks something les● impertinent then before although impertinent also as shall be shewed Insomuch as his Readers may well admire how he could venture to call his Book by so extravagant a Title as did least of all relate to the subject matter of his Discourse unless he thought that his Readers would look no farther § 11. But having shew'd his long Entry I conceive it high time that I discover his Back-doors at which he maketh his foul escapes from the principall Duties Incumbent on him First when it
possession not for any the least crime of which I had any way been guilty but for being secretly suggested to be the Author of some Books which to this very day I could never hear named and though I earnestly desired to hear my self accused that I might know for what I suffered and if not my Accuser at least my Accusation and be heard speak for my self yet Dr. Reynolds professed to me in private he could not obtain that justice for me Mr Hickman expresseth this just complaint which I am able to prove just to any competent Judges who will but heare me by my throwing I know not what fiery darts not onely at him but at the far greater part of heads and Fellows of Colleges in Oxon at the Visitors and at the two Houses of Parliament p. 44. Now that his Readers may clearly see how great a violence he hath offered to truth and Candour and how he hath blurred the two houses with a most scurrilous suggestion I shall furnish them very briefly with a perfect Narrative of the Case I was permitted to appeare no more then once before the Visitors when they onely entertained me with this one question Whether I could submit to their Visitation or acknowledge they were my rightful Visitors My Answer was not Categorical either one way● or other But as I really wanted so I modestly besought them to give me time wherein to consider that weighty question that so my answer might be rational which it could not be if it were rash For being then newly returned out of France I had not studied the matter of right And as I would not be perjured for fear of Ruine so would I not rashly incur my ruine by such a fear of being perjured as was not very well grounded They did not deny what I desired and that I thought was to yield it to me But they met a little after to passe a sentence of condemnation by a most absolute decree upon me and others and proclaiming my banishment before I was summoned to give my answer for which I concluded they gave me time they used the violence of the Souldiers to put their decree into execution Now is it likely that the two Houses would Authorize them to destroy me without a cause not only unconvicted but unaccused and unheard for that they suspected me the Author of I know-not-what-know-not-what-books which were never named I was privately informed by Dr. Reynolds who was not able to tell me what Books they meant Could the two Houses Authorize them to break the Law of the Land in Magna Charta and to act in contradiction to the Petition of Right I rather think that the Visitors did sin against the very r●le to which the two Houses had tied them up in their commission A Nicodemus was able to ask doth our Law judge any man before it hear him and know what he doth John 7.51 And as Festus said unto King Agrippa It is not the manner of the Romans to deliver any man to die before that he which is accused have the Accusers face to face and have licence to answer for himself concerning the crime laid against him so with greater force of reason since the Romans then were Heathens which we are not I may say to Mr. Hickman from Magna Charta and the Petition of right It is not the manner of the English in the two Houses of Parliament to dispossesse any man of whatsoever estate or condition of his land or Tenement his freehold or liberties or free Customes without his being brought to answer by due processe of Law and by the Lawful judgement of his P●eres And this may serve as well for theirs as for mine own Vindication Next for the far greater part of Heads and Fellowes of Colleges in Oxon against whom he accuseth me to have thrown some darts ibid. He knows I never made mention of them And if he meanes that my case was also the case of all others who suffered with me he wrongs the Visitors extremely by concluding them worse then indeed they were For they did not cast out the greatest part of Heads and Fellows out of their rights untill they had given their final answer I hardly know any besides my self who were deprived of their places for being so circumspect onely and modest as to desire a little respit before they answered that so their answer might be unpassionate and after a due deliberation I know the sufferings of all the rest were illegally inflicted as well as mine as may appear by the case of the Vniversity which was sent in a letter to Mr. SELDEN and of which I may give account towards the end of this subject but what I speak against the Visitors was in reference to the case of which I had a peculiar knowledge Thirdly he playes upon himself by telling some stories of d●straction and Hypocondriacal conceits as if he were willing that his Readers should suspect me infected with his Disease And talk as odly of me as they do commonly of him But he is strangely unfortunate in this adventure For he discovers himself afresh to be a second hand-Historian in citing an Author he never read He would else have known had he consulted Laurentius as well as named him that there are three sorts of melancholy where of the first doth happen by the meer distemper of the Brain The 2. by a consent of the whole body the third is raised up from the Hypochondres that is from the entrals contained in them especially from the liver the spleen and the Mesen●erie The first is simply called Melancholy the last with an addition of the Epithet Hypochondriacal The first exagitates the patient without intermission the last affords him some times of truce The three instances produced do all belong unto the first not at all unto the last to which alone Mr. Hickman had the unskilfulness to apply them p. 46. And Laurentius besides doth adde no less then fourteen of which there is not so much as one referred to Flatus Hypochondriacus which by the Greeks is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but are widely different in two respects to wit in respect of the Original seat and of the manner of the delirium which is produced So that poor Mr. H. at once hath laid himself bare and put a rod into my hand for his due correction Did he think that Hypochondria were things residing in the brain or was he as sick as the Italian Foot-boy and fancied the brain was in the bowels His own conceit was more likely to be Hypochondriacal then mine when he reproached me with a distemper from the very suspicion of which I was ever free and with which if my Body had ever been affected in any measure as I blesse God for it it never was Mr. Hickman should not have been so barbarous as to have sported his Readers with my disease which had been honest and helpless too had it ever invaded my
sincere Religion of the Church is continued and established by the King And do recognize as we are bound by the law of God and man the Realm of England and the Imperiall Crown thereof doth belong to him by inherent birthright and lawfull and undoubted succession and submit our selves and our posterities for ever untill the last drop of bloud be spent to his rule and beseech the King to accept the same as the first fruits of our Loyalty and Faith to his Majesty and his posterity for ever and for that this Act is not compleat nor perfect without his Majesties assent the same is humbly desired This proves saith Judge Ienkins 1. That the Houses are not above the King 2. That Kings have not their titles to the Crown by the two Houses but 3. by inherent birth-right and 4. That there can be no Statute without his express assent and so 5. It destroyes the Chimaera of the Kings virtuall being in the Houses 18. The Kings Proclamations heretofore to severall purposes were of no less force then Acts of Parliament And the ground of it was that the supremitie of the Regal power is given by God And however that Act was indeed repealed by the meek concession of King Edward the sixth yet the Reason of the Repeal is recorded to have been this A willingness in the King to gratifie his people up●n trust that they would not abuse the same but rather be encouraged with more faithfulness and diligence to serve his Highness So when Charles the First passed a Bill for the continuance of the long Parliament indefinitely it was upon their promise that the gracious favour of his Majesty expressed in that Bill should not encourage them to do any thing which otherwise had not been sit to be done And so good is the Rule in the Civil Law Cessante causa cessat Lex That the Lords and Commons even of that very Parliament did d●clare it to hold good in Acts of Parliament 19. When 't was declared by all the Iudges and Sergeants of Law that it cannot be said the King doth wrong it was by a Periphrasis A Declaration of his Sup●emacy For the meaning of it must be say the greatest Lawyers That what the King doth in point of Jurisdiction he doth by his Iudges who are sworn to deal legally between the King and his people So as the Judges may be questioned for violation of Law but the King is unaccountable and on his person or power no Reflection is to be made § 78. Thus I have given such an account of the proper subject of Supremacy as my Notes of Observation suggest unto me at this time I gather'd my Notes more especially for my private use and information that I might know what Party I ought to own in these times of Triall and Temptation partly out of the Papers which passed betwixt the King and both Houses of Parliament partly from the writings of Mr. Prin Mr. Diggs Iudge Ienkins and Dr. Langbane partly out of the Book of Statutes though I have not time to consult them much Many more Arguments I could urge out of the works of Iudge Ienkins but that I find them too many to be transcribed in this Appendix and withall I consider that book is cheap and little and I hope easily to be had which makes me choose to referr my Readers to his whole Lex Terrae from page 8. to page 63. I have been so convinced by all put together which hath been said as I cannot but conclude with the most Learned and moderate Doctor Sanderson That at least amongst us here in England there can be nothing more certain or conspicuous unless we will not use our eyes but rather choose to be blind at noon by stoutly winking against the Sun then that the power of these Three Kingdoms doth onely belong to his Serene and Supreme Royall Majesty This is said by that great and judicious Casuist in his stating the obligation and efficient cause of humane Lawes After which if Mr. Hickman shall yet contend that the Oxford Visitors were commissioned by the Supreme Authority of the Nation though by the two Houses onely not onely without but against the pleasure of the King I will onely referr him to certain Notes on the Oathes of Supremacy and Allegiance in a late-Printed Book which is thus ●ntitled The Resurrection of Loyalty and Obedience out of the Grave of Rebellion § 80. But I printed saith Mr. Hickman as if I had right to two Fellowships and asks how else he is but one of my receivers p 46. To which I answer 1. That for any thing I know Mr. Hickman succeeded him that succeeded me And my words of him were these that for ought I know he may be in possession of mine own fellowship c. Or 2. If he did not succeed my successor but that his Robbery is immediate not once removed I will give him an Answer to chew upon out of the Digests When a number of men do jo●● their strength to steal a piece of Timber or any thing else which is anothers which none of them singly could have carried away Vlpian saith that each of them severally as well as all of them joyntly is lyable to an action for the double value of the thing And so when the right of a Society is invaded by a Society which was our case in Magd. Colledge when almost all were at once bereaved by men of violence all may require their right of all and every man from every man For every man by partnership is an Accessary to all that have done the wrong as well as principall in part and indefinitely and so responsible to all who receive the wrong or do require a reparation I could prove to Mr. Hickman that he is guilty of the Visitor's sin by accepting the spoils of their injustice But I am ready to pardon though not to dissemble my being injur'd § 81. I had but said by such a figure as is allowable in Scripture It seems the Visitors made him one of my Receivers and Vsu-fructuaries when taking my words by the wrong handle he pretends that His is the usus-fructus p. 46. But 1. he knows I there added That my legitimate Successor they could not make him which is a proof that what I spake was of what they did not ought to do And a Facto ad Ius no good Argument is to be drawn The Visitors made him my Receiver as they made their strength the law of justice Or as Lambert made Cromwell the Kings Receiver 'T is easie for one man to be m●de an other man's Receiver and yet by a Proverb to be as bad as the thief that made him The sons of violence and rapine made one another what they pleased as opportunity and power was in their hands So it was said by Doctor Heylin that Mr. Hickman had made a Book But he presently added As
as a secret not according to the vote of his guilty Brethren who never charged me with ought no not so much as a suspicion Much less did they dare to let me know my Accuser for fear I should prove him a false Accuser and spoil the trade they then were driving Much less yet would they indure that I should have the least tryall fair or foul because they were conscious of the nothing that they were abl● to say against me Their dealing with me in that affair puts me in mind of what I read in an English book There was nothing so common in those Times as a charge without a● Accuser a sentence without a Iudge and a condemnation without a hearing But I was condemned without a charge too And it seems by no Judge that will own the Judg●ment For § 85. Mr. Hickman is fain to say that I was turned out of my Fellowship not by the Visitors but by the Committee of Lords and Commons for non-submission to the Authority of Parliament in visiting the Vniversity p. 47. To which I answer 1. That my Answer to the Visitors was judged rational and modest by Doctor Reynolds who therefore told me it was impossible I should be banished onely for that but rather for being at least suspected to have written some Books but what books they were or why I was suspected the Author of them he either could not or woul● not tell me 2. Mr. Hickman layes the whole fault on the Lords and Commons which I ascribe unto the Visitors transgressing the Commission by which they sate For would the Lords and Commons undo an Orphan for being modest and conscientiously desirous to gain some time to the end he might not answer but upon due consideration This would justifie Philanglus in the book above mention'd when he said That many were outed their Free-holds Liberty and Livelyhoods before any examination much less conviction and that the order of a Committee was commonly made to controlle the fundamentall Lawes of the Land I rather think that the Visitors did return a false answer and so abused the Lords and Commons then that persons of so much honour would be the authors of such a fact as Doctor Reynolds although a Visitor so much abhorred and never would give his consent unto But Mr. Hickman doth acknowledge that the two Houses may do amiss for he dares not undertake in all things to acquit them p. 48. § 86. But why doth he call it the Authority of Parliament which he confesseth at other Times to be no more then two Houses A Parliament without a King much more against him is a contradiction in adjecto Well said Judge Ienkins The leggs Arms and Trunck of the body cannot be above the Head nor have life without it So that supposing the King to be but one of the 3. States of which a Parliament doth consist He is a part and that the highest But in truth saith the learned Judge The King is none of the three estates but above them all The three estates are the Lords Spiritual the Lords Temporal and the Commons And so Mr. Hickman is unexcusable in beheading the Parliament by excl●ding the King from his Royal Birthright § 87. Again Mr. Hickman proceeds to ask Is it not Impudence to say that the Visitors authorized by the two Houses under the broad Seal of England could not make me his legitimate successor p. 47. To which I answer 1. that the Visitors were never authorized by the two Houses to condemn me without some little hearing or to huddle up their sentence and Execution without Accuser or witness or accusation face to face 2. The two Houses could onely make an Ordinance not an Act of Parliament which is a Law as the Houses themselves have oft confessed And Laws are the things which bind the people Nay 3. If any statute shall be made against Magna Charta and so against Bishops provided for by Magna Charta and confirmed by thirty two Acts of Parliament or against any man's right without a triall according to Law It is by Law declared null 42. Ed. 3. ch 1. But it seems Mr. Hickman is like Oliver Cromwell whose foul-mouth'd by-word was wont to be Magna Charta Magna Farta Nay 4. It is resolved in Law Books that if an Act of Parliament referr to or confirm a thing which is not as for a man to be a Iudge or witness in his own case or a thing that is misrecited or repugnant or impossible to be performed there the common Law shall controll and adjudge such an Act to be meerly void Now we who were of the Dispersion through the Avarice and Revenge of the cruel Visitors did find those Visitors in very great part at once our Iudges our Iuries our Executioners and our Heirs Had they dealt sincerely with us and bid us plainly leave our Fellowships because they had Sons and Nephews or other good friends to be cared for as the Fox was syncere when he bid the Cock come down from the Tree alledging this reason that he was hungry I should not have used them as now I do though I use them better then they did me But their pretending to Reformation and Iustice too did make their sin exceeding sinfull 5. The Broad Seal which he speaks of is called by Judge Ienkins a Counterfeit Seal And the Counterfeiting of that he proves High Treason Last of all I will add that we were taught in our Catechism by our common mother the Church of England that we are bound by God in the fifth Commandment to honour and obey not the two Houses but the King not the two Houses and the King but the King and his ministers Saint Peter accordingly commanding us to Submit our selves to every ordinance of man for the Lords sake instructs us to do it to the King as Supreme and unto Governours as sent by him Now were the Visitors really sent by him Or were they not flatly sent against Him Whether so or so Let it be judged by the Case of the University the most materiall part of which shall now become my next Section § 88. The onely question which is by these men propos'd to every single person in the University is Whether we will submit to their Visitation or to the power of Parliament as they call it in this Visitation That without the Personall Consent of the King to this Commission as far as it respects the University in General and us as members thereof we cannot now submit to any Visitation without incurring the guilt of manifold perjuries In reference to our Vniversity oathes we have long since given an Account by way of Plea to these men That our particular Locall or Collegiate Statutes which define us particular Visitors in our particular Colledges bind us under the same most evident perjury to submit to no other Visitation but that which the