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

Kings Prerogative as well as Magna Charta is proved by Iudge Ienkins to be a principall part of the common Law and Royal Government a Law fundamental Nay 9. It is proved by the same most learned and pious Iudge That the Supreme power even in time of Parliament was declared by both Houses to belong unto the King 10. The Kings Supremacy hath been proved by so many Arguments out of Bracton as may be seen in Dudley Diggs The Reasons of the Vniversity of Oxford Iudge Ienkins and the like that I shall onely translate some few short passages into English The King saith he hath power and Iurisdiction over all who are within his Kingdome and none but He. Every one is under the King and he under God onely He hath no Peer or equal with his Kingdome m●ch less is inferiour unto his subjects God alone is his superiour and to God alone is he accomptable In a word The things that concern Iurisdiction and Peace or are annexed to peace and Iustice do belong to none but to the Crown and the Kingly Dignity nor can they be separated from the Crown for as much as the Crown consisteth in them 11. The Kings supremacy is evinced from the Nature of all his subjects Tenures they holding their Lands of him in Fee Whi●h though it gives a perpe●ual Estate yet is it not absolute but conditionall as depending on the acknowledgement of superiority and as being forfeitable upon the non-performance of some duties on which supposition it still returns unto the King For the breach of Fidelity is loss of Fee In short it is agreed among the most learned in the Law ● That the King alone hath such a property in all his Lands as Lawyers are wont to call Ala●dium because he doth hold in his own full Right without any service or payment of Rent because from God onely 2. That subjects of all Degrees do hold their Lands ut Feuda in the nature of Fee which implyes Fealty to a Superiour 12. The Oath of Allegeance hath the force of another Oath of Supremacy For Legiancy is defined to be an obligation upon all subjects to take part with their Liege Lord against all men living to aid and assist him with their bodies and minds with their advise and power not to lift up their arms against him nor to support in any way those that oppose him Now as no Liege Lord can acknowledge any Superiour and though bound to some duties is not bound under pain of Forfeiture so subjects on the other side are Homines Ligii all Liege-men owing him Faith and Allegiance as their Superiour Which Faith if they violate He is enabled by the Law as being the Fountain of Iurisdiction saith Master Diggs to seiz upon their Goods and Lands and to destroy their persons too Whereas if He fail in the discharge of his duty he is not subject to any Forfeiture by any Law of the Land I could ever hear of and Mr. Diggs hath challenged all the world to name any Doctor Sanderson also affirmeth That if a King who is Supreme should do the things that are proposed 1 Sam. 8. and Rule as a Tyrant by no other Law then his own hearts lust he would yet be unaccountable on this side Heaven however liable to the wrath of the Soveraign Iudge of all the World For however such a Tyrant may abuse his power yet the power is His which he abuseth and who shall say unto the King what dost thou Eccles. 8.4 a Text produced by the late King of most blessed Memorie against his own most unnatural and Blood Triers 13. There is an antient Monument saith Mr. Diggs p. 83. which shews the manner of holding a Parliament before the conquest The King is the head the beginning and the end of the Parliament and so he hath not any equal in his Degree This I cite to anticipate Mr. Hi●kman's possible objection 14. The King by Law hath just power to pass acts of Parliament by his great Seal to grant out Commissions of Oyer and Terminer for the holding of Assisses to adjourn the Term to whatsoever place he pleaseth To make Iustices of Peace which wholly depends on his will and pleasure To pardon Delinquents and Malefactors a priviledge by law estated solely in the King To choose his Officers to protect all persons to coin money to make leagues with forrein Princes to dispose the Militia to call and dissolve Parliaments And to be in one word Le dernier Resort de la Iustice. 15. In the thirty seventh Article of the Church of England The King or Queen is declared to have the chief Power in this Realm of England c. to whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all Causes doth appertain And this called the Prerogative which hath alwayes been given to all godly Princes in holy Scripture by God himself that they shall rule all Estates and all Degrees Ecclesiastical or Temporal and restrain with the Civil sword the stubborn and evil Doers 16. And accordingly in the Canons by law established in the Church A Supreme Power is declared to be given by God in Scripture to the sacred order of Kings which is there also declared to be of Divine Right And that for any person or persons to set up maintain or avow in any their said Realms respectively under any pretence whatsoever any Independent co-active power either Papal or popular whether directly or indirectly is to undermine their great Royal office and cunningly to overthrow that most sacred ordinance which God himself hath established and so is treasonable against God as well as against the King This I earnestly recommend to Mr. Hickman his consideration and that which follows in the Canon viz. That for subjects to bear Arms against their Kings offensive or defensive upon any pretence whatsoever is at the least to resist the powers which are ordained of God And though they do not invade but onely resist 17. Saint Paul tells them plainly They shall receive to themselves damnation The most excellent Recognition which was made by both Houses in the first year of King Iames is so worthy to be written in Letters of Gold and so needfull to be rivetted in the hearts and memories of the people who desire to have a conscience void of offence towards God and men that I think I shall deserve many an honest man's thanks who hath either never known or hath forgot what once he knew by inserting some part upon this occasion The King is our onely rightfull and lawfull Leige Lord and Soveraign we do upon the knees of our heart adnize constant Faith Loyalty and Obedience to the King and his Royall Progeny in this high Court of Parliament where all the body of the Realm is either in Person or by representation we do acknowledge that the true and

though guilty still § 47. That some of our Divines did change their judgement notwithstanding their employment at the Synod of Dort will not I think be denyed by any who hath not the forehead of a Hickman For Mr. HALES his conversion is known to most as Tilenus his to all and Dr. GOAD'S to very many That Bp. DAVENANT was at last for Vniversal Redemption I have long since proved and more then once what hath been said by Bp. Hall against the tenent of absolute or irrespective reprobation I have elsewhere at large informed my Readers That Dr. WARD and Bp. DAVENANT were of opinion that all Infants by Baptisme are freed from the guilt of Original sin and in a state of Salvation implying some to fall totally and finally too because there are some who die Impenitents being men notwithstanding being Infants they were Baptized Mr Gataker hath assured us by divulging of their Epistles If I would passe over to France I could tell him of Famous Moulin who had an interest in the Synod although not there and yet was exactly an Arminian as to the point of Reprobation and accused as such by Dr Twisse so was Camero Amyrald Testard and D●ille as well accused by Spanhemius as by other followers of Calvin for passing over to the Arminians in the point of General Redemption but to speak of such as these is to pay Mr. H. in more then full measure § 48. To Mr. H.'s two Questions proposed in one breath what thinks Mr. P. of the Vniversity of Oxon did not she know the Opinions of the Church of England p. 46. I briefly answer First that whilest she had the privilege of injoying a Real Vniversity which she injoyed until the year 1648. I think as well of the Vniversity as when she burnt the Book and condemned the Doctrine of the great Calvinist Paraeus who sowed those Presbyterian seeds of the late prosperous Rebellion of which such fellows as our Compiler enjoy the harvest To the 2. I answer by way of Interrogation Did not the Church of England so much as know her own minde when she commanded Erasmus his learned Paraphrase to be had in such honour throughout the Nation as to any Piece of Calvin was never given how came the prayers of Erasmus to have a place in our publick Liturgy from King Henry the 8. dayes unto these our own if all our Church was fermented with Calvins Leven The Vniversity of Oxford knew well her Doctrins especially then when she was most of all knowing which was in the time of the late Arch-Bishop in the vilifying of whom Mr Hickman hath shamed his own dear Faction For whilst he calls him an evil instrument p. 48. he makes himself an example of Puritanical Petulancy and passion whereby the men of his Faction will grow more vile And whilest he saith they were never well till they had spewed out his Grace as an evil instrument ibid. he implyes his Faction was deadly Drunk so indeed were the Jews when they were sick of Christ and thought they could not recover till they had spewed him out of the earth But as Titus Vespasian came about 40. years after and cured those Jews of all Diseases so if our Pharisees will be patient but half that time they may perhaps meet with that th●t will stop their spewing § 49 Now I come to the objection which Mr. H. confesseth doth lye against him the Church of England is for Vniversal Redemption The Calvinists that are Anti-Arminian are against it p. 48 49. To which he answers two wayes First by a confession that King Iames gave it in charge to the Divines sent to Dort Not to deny that Christ died for all and that this was affirmed by Bp. Vsh●r for so he calls the late Primate who also said That he gave in his own judgement to Dr. Davenant for universal Redemption and accordingly it was one of Bp. Davenants conclusions that the death or Passion of Christ as the Vniversal cause of mans salvation doth so far appease and reconcile God the Father to Mankinde by the very fact of his Oblation that he is truely now said to be ready to receive every man into Favour as soon as he will believe in Christ notwithstanding the aforesaid death of Christ restoreth no man no man at least who is come to ripenesse into a state of actual favour Reconciliation or salvation untill he actually believes No man saith the Bishop no not any of the elect before he is qualified by faith meaning that faith which worketh by love an Universal obedience to the commandments of Christ. But by the offering of himself upon the Crosse the Bp. saith that he made God appeased and reconciled observe the word not onely to the Elect but indefinitely to all Man-kinde and that as an Vniversal cause not onely of salvability but saith the Bp. of salvation Arminius never said more no nor ever so much for ought I am able to remember Nor was ever so much said by the Church of England as that Christ reconciled his Father to Man-kinde ipso facto by the oblation of himself ut Vniversalis causa Salutis Humanae as the Vniversal cause of mankind's salvation but I suppose by Salvation he only meant Salvability or no more by cause then meritorious And then indeed he doth no more then Arminianize with the Church of England as Mr. Hickman is wont to phrase it It being the Doctrine of our Church that Christ by his own oblation of himself once offered made a full perfect and sufficient sacrifice oblation and satisfaction for the sins of the whole world And again more fully that the offering of Christ once made is that perfect r●demption propitiation and satisfaction for all the sins of the whole world both Original and Actual So exactly opposite to the Calvinists is the Church of England in her belief This doth prompt me to tell the Reader if he knows it not or hath forgot it that at a conference held about the Books of Bp. Montague One of the Lords made it his motion that the Doctrine of the Dort Synod as to the points we speak of might be received into the Articles of the Church of England But this was opposed by Bp. White and even for this very reason because our Church in her publick Catechisme doth teach her children to believe what is denyed by the Synod of Dort Christ died for us and for all mankinde Why Bp. Chappel before Bp. did refuse an excellent place in Ireland because he would not subscribe to Dam man alluding merrily to Damman who had the office of Scribe in the Synod of Dort And how at last he became one of the Bishops of that Church by the advantage of that Canon procured by the power of Archbishop Land in Intuition of Bishop Chappel That a man was qualified for preferment in the Church of Ireland without subscribing the Irish if he would but

own A new Discovery of his stealths with their aggravation His mistake of Iustice for Drollery The Calvinian Tenet renders all study useless The Kings Declaration forbidding its being preached No good Arguing from evill custom The Lord Falklands judgment against Calvin's Mr. H's Inhumane and slanderous Insinuation How much worse in Himself then in any other It s odiousness shewn by a parallel case His Profession of Cordial Friendship with its effect His Sacrilegious Eulogie bestowed on them of his way The Doctrine of the Church of England Vindicated with BP Laud and BP Mountague Of Mr. H's Impertinence implying Presbyterians to be Idolaters The Archbishop cleared as to what he did against Sherfield An Impartial Narrative of the case The Doctrine of St. Iohn concerning Antichrist Original sin assented to as taught in the Article of our Church Loyalty a part of our Religion An accompt to the Reader of the Method observed in all that follows BP Tunstall and BP Hooper out weigh Tyndal c. The 17th Article 2 wayes for us So the Liturgy and Homilies and Nowells Catechism which Mr. H. produceth against himself It was not the Church of England that put the Calvinists into preferments ArchbP Bancroft an Anticalvinist Dr. Richardson and Dr. Overal both publick professors and most severe to the Calvinian Doctrines Dr. Sanderson no less since his change of judgment Persecution is not a mark of error in those that suffer it Mr. Simpson cleared from his censors as to falling from Grace and Rom. 7. Barrets Recanting an arrant Fable BP Mountagues vindication Mr. H's confession That men follow Calvin in their younger and Arminius in their riper years The causes of it given by D. Sanderson Of Dr. Iacksons Act Questions and Dr. Frewin's Of K. Iames and BP Mountague K. Iames his conversion from the Calvinian errors A change of judgment in some Divines who were sent to Dort Mr. H's sense of the University and his unpardonable scurrility of the late Archbishop Vniversal Redemption held as well by K. Iames the late Primate of Armagh and BP Dav●nant as by Arminius Mr. H. grants the whole cause but does not know it His opposition to the Asse mbly mens Confession of faith Mr. H. proved to grant the whole caus● at which he rails and so to be a Calvinistical-Arminian Confirmed by Du Moulin Paraeus and Dr. Reynolds Confirmed further by Dr. Twisse And by the Synod of Dort His scurrilous usage of Dr. Heylin shews the length of his own ears His concluding Question childishly fallacious Touching the Remnant of his Book HIs Self condemnation and Contradiction The Calvinists draw their own consequences from their Tenet of Decrees How Mr. H. is their Accuser and how his own How as an Hobbist and an Arminian How in striving to clear he condemns himself and confesseth his making God to be the Author of si● His own thick darkness touching the darkness in the Creation How he makes the most real thing● to be entia rationis How he obtrudes a new Article of Faith And makes it a point of omnipotence to be able to do evill He proves his own sins to be positive entities by ascribing his rage to his sobriety His slanderous charge against Mr. Tho. Barlow of Q●eens C. in Oxford His foul Defamation of Dr. Reynolds His self contradiction and blind zeal as to Dr. Martin The nullity of a Priesthood sinfully given by Presbyterians The Recantations of some who were so Ordained Mr. H's disappointment by Dr. Sandersons change of judgment A vindication of BP Hall BP Morton BP Brownrig from Mr. H's slanderous suggestion The perfect Amitie and Communion of all Episcopal Divines for all their difference in judgment as to some controverted Doctrines Mr. H's confession of his Ignorance an Incapacity to understand the points in controversie His confessed insufficiency to maintain the chief Articles of the Creed Yet his conceitedness of his parts is not the less His way to make a Rope of sand whereby to pull in the Puritanes His sinfull way of defending Robbery by adding a manifold aggravation His slandero●s insinuation against the two houses of Parliament to save the credit of the visitors in sinning against their own commission His disparagement of the visitors in his e●deavours to assert them The work he makes with Hypoc●ondriacal conceits Touching the supream authority of the Nation HE adds Rayling to his Robbery and treasonably misplaceth the Supreme power of the Nation The two Houses vindicated from his gross Insinuation an d the supreme power asserted by 19. Arguments and by very many more for which the Reader is en●reated to use the works of Iudge Ienkins Touching the Visitors of Oxford HOw Mr. H. became one of my uncommissioned Receivers In what sense he may be called my Receiver and Vsufructuary How the Assembly-Presbyterians became Abettors of Sacriledge and Praevaricators with the Bible Mr H's confounding possession and right and making no scruple of many Robberies at once His wilfull bitternesse sadly reflecting upon the Visitors And as much on the Lords and Commons worst of all upon the King in exclud●ng whom he beheads the Parliament How he and his Visitors have acted against the two Houses and withall against the supreme power of the Nation Touching Mr. H's no skill in Logick A Transition to the discovery of his no skill in Logick His Insultation added to hide or bear up his Ignorance Concerning the subject of an Accident Of Subjectum ultimum ultimatum Of an Inseparable Accident Of the substantiall Faculties of the soul. By whom they are held to be its essence Of his granting what he denyes whilst he denyes it and giving up the whole cause A Postscipt touching some Dealings of Mr. Baxter THe Synagogue of the Libertines fitly applyed to Mr. Baxter Hi● Railing on K. Iames and BP Bancroft on BP Andrewes and Dr. Sanderson for their Iustice to the Puritans His confession of his own wickednesse again confessed by himself though but in part His prodigious falsifying the Common prayer His denyal of that confession which he confessed a little before His Perjury and Rebellion proved out of his own words His playing at Fast loose with his integrity His Time-serving and fawning upon his Soveraign Richard His rejoycing in our late miseries c. His charging upon God all the villanies of the times His Fl●tte●ing m●ntions of Old Oliver as tenderly carefull of Christs cause His being Access●ry to the most Parricidial Act the murder of G●ds anointed The seven wayes of partaking in other mens sins His being an Incendiary in the war and Incouraging many thousand to rebell proved out of his confessions His denying the Supremacy of the King which yet he allowed the two Cromwells His confession that Rebellion is worse then Murder Adultery Drunkenness and the like and that he may be called a Perfidious Rebell by his consent if the supremacy was in the King HIs denying the Supremacy of the King which yet he allowed the two Cromwels How

Hypochondres as much as Fame hath affirmed it to have had dominion over his own I never was so inhumane as to upbraid my greatest enemy with any such bodily indisposition and have rather afforded my utmost help But since Mr. Hickman unprovoked could not abstain from objecting a sicknesse to me and such a sicknesse as I have ever by the blessing of God been exempted from it is his own fault onely though my misfortune that I am forced to expose him in this point also And for the future I do beseech him not to meddle in matters of which he hath not any knowledge nor to have so little mercy upon himself as to scourge his guilty self upon an innocent mans back but rather to conceal his great infirmities or onely reveal them to his Physician and apply himself to the means of cure I might in favour and mercy to him have prompted his Readers to believe that it was but his spleenative Conceit which made him say in his Epistle wherewith he dedicates his collection that the Doctrines printed before my birth were the meer chimaera's of my brain For which prodigious Adventure he is not capable of excuse unlesse his flatulent Hypocondres made him a kind of Pythagorean so as to fancy a transmigration of Calvin's soul into my body I am sure Pythagoras is reported to have thought himself to be Aethalides the son of Mercurie and that Aethalides being dead he became Euphorbus and that Euphorbus being departed he passed also into Hermotimus and that Hermotimus dying he lived in Pyrrhus the Fisherman And after Pyrrhus his decease he again survived in Pythagoras Sure 't were better for Mr. Hickman to think that my soul was once in Calvin or Zuinglius or Dr. Twisse then to call their writings the meer chimaera's of my brain or wilfully to deny what hath been read by thousands and may be seen in those Writers by all Mankind who can but read them The former I say were so much better then the later by how much better it is to be sick then sinfull And so 't were charity to imagine if that were possible to be done that this was one of Mr. Hickman's Hypochondriacal conceits § 76. It may be taken for one at least that he should charge me with Impudence against the Supreme Authority of the Nation p. 45. For if he deals syncerely as well as simply he hence inferr's the Oxford Visitors Mr. Cheynel and Mr. Wilkinson and such like things to have had the Supremacy in his opinion They alone being the men by whom I complaind I had been injur'd in their Transgressing the Prescriptions of those that sent them And loosers by a Proverb have still had liberty to complain I did but modestly hope Mr. Hickman would pay me my Arrears when again and again he tells his Readers I am impudent p. 45. and 47. so impudent I am as to own my Right though not so simple as to expect it And it is strange that Mr. Hickman should thus revile me for onely presuming to hope well of him or for refusing to dissemble what was so visibly my due So when the owner in the Parable sent for fruits of his Vineyard the Husbandmen abused his severall Messengers as well as sent them away empty I will not say of Mr. Hickman that he is impudent because his manners are none of mine but I must needs admire the strange nature of his modesty when he denyed a matter of Fact however attested by all mens eyes Sect. 77. If he means the two Houses by the Supreme Authority of the Nation as he seems to do pag. 47. he contradicts the fundamental Laws of the Land the Canons of the Church the Oathes of Allegeanc● and Supremacy and implicitely censures all the Members of the House of Commons by whom the Visitors were sent in the year 1648. as guilty of willful perjury when they took those oathes b●fore they sate or could sit as members in the House of Commons 1. The members of Parliament did even sw●ar in taking the Oath of Supremacy That the Kings Highn●ss is the onely Supreme Governour of this Realm and of all other his Dominions and Countreys as well in all Spiritual and Ecclesiasticall Things or Causes as Temporal 2. The King was ever acknowledged in the Prayers of the Clergie before their Se●mons to be the Supreme Head and Governour in all Causes and over all P●rsons Ecclesiasticall and Civill Nor may we think that the Clergie were either taught o● commanded to lye to God in their Publick prayers Nay 3. he was utt●rly testified and in conscience declared as well by the members of Parliament as by other subjects upon oath to be not onely the Supreme which shews that none can be above him but Solus Supremus Moderator as Dr. Sanderson observes the Sole and Onely Supreme Head and Governour which shews that none can be so besides him or that none can be equal to him 4. In the generall judgement of knowing men and of Dr. Sanderson in particular The Kings Supremacy is imported by the stile of Dread Soveraign and Soveraign Lord and that of Majesty expressions used by the two Houses of the late long Parliament in their h●mble Petitions and addresses unto the King nor need I here tell my Reader what an humble Petition is set to signifie and as well in the most solemn establishment of Laws as in actions and forms of Jurisdiction 5. Magna Charta was first granted in effect by King Iohn and confirmed with that Title by Henry the third of his mere free will and so the liberties of the subject cannot with reason be presumed to lessen the King of his Supremacie 6. Other Statutes which have the force of Acts of Parliament are known to be directed as private Writs with a Teste Meipso And the common stile of most others is found to run in this strain The King with the advice of the Lords at the humble Petition of the Commons wills this or that so the form of passing Bills is still observed to be this L● Ro● le veult The King will have it And s●it faict comme il est desiré Let it be done as it is desired plainly speaking by way of Grant to something sought or petitioned for From whence by some it hath been gathered that the R●ga●ion of Laws does rightly belong to the two Houses but the Legislation unto the King That their Act is Prepar●tive his onely Iussive 7. That Supremacy of Power which the Law hath invested the King withall is not onely over all particular persons but also over all states which all the subjects of this Realm and the Members of Parliament in particular are bound by oa●h both to acknowledge and to maintain And which they grant to be his Due when they desire him to protect them in their priviledges and call him alwayes in their Acts Their onely Soveraign Lord or their Royal Soveraign 8. The

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

unhappy Boyes do make Knives when in very deed they do but steal them 2. Had he been made my Receiver by my consent he must have given me an Account as the person to whom his Receipts were due 3. He confesseth An usufructuary doth want the Title and cannot pretend he hath Ius ad Rem So that now in the same sense in which he pretends to the Usus-fructus he doth implicitly confess I am proprietary in chief and I may very well summon so saw●y an officer to a Reckoning When Doctor Heylin said of Mr Cheynel that he was the Vsufructuary of the rich Parsonage of Petworth the English of it was usurper and nothing else For 't is a Rule as I remember in the Civil Law Potest proprietas esse Maevii Vsus-fructus Titii tamen usus Sempronii And even where the usus-fructus is duly setled as most unduely in Mr. Hickman it is but jus in re by his confession And usus-fructus is defined by Ius Alienis Rebus utendi fruendi salvâ rerum substantiâ So the Propriety is mine who have jus ad rem The Visitors could not by doing wrong either take away my Right or conferr upon another what they could never take from me To be out of possession is so far from being a prejudice to my Right That God's Anointed himself hath been as long out of his whose Right hath yet been alwayes greater at least by one Title then any subject's § 82. But Mr. Hickman is well satisfied that he wants nothing at all but a Right and Title to his possession pag. 46. And the taking that for a small defect may very probably be the reason why the Assembly Annotators on the English Bible did seem to think it no sin to be God's and the Churches Vusufructuaries in such a figurative sense as in which Mr. Hickman may be called mine For 't is observed by Dr. Gauden and many others that in every place through the Bible where the word and Spirit of God signally commands them to brand the sin of sacrilege with a black marke as one of the Divels hindmost Herd the Presbyterian Expositors do so slily and slightly pass it over as if they had neither seen nor smelt that foul beast as if there were no gall in their pens no Reproof in their mouthes no courage in their Hearts against this sin they scarce ever touch it never state it make no perstrictive or invective stroke against it which could not be saith the Observator their Ignorance or inadvertency but the cowardise cunning and Parasitism of the Times in which they were content for some Presbyterian ends to connive at sacriledge in those good Lords and Masters whose charity they hoped yea Doctor Gauden professeth he heard of them profess they expected would turn all that stream which Bishops ☜ Deans and Chapters injoyed to drive the Presbyterian Mills to keep up the honour of Ruling and teaching Elders These soft fingered Censors saith the Reverend Doctor a little after very gently touch that rough Satyr of sacrilege where t is expresly put in the balance with Idolatry and overweighs it as more enormous Thus farr that Learned and moderate man whom perhaps the Annotators may charge with impudence as Mr. Hickman does me and that against the two Houses too on whom they probably will bestow the Supreme Authority of the Nation It being a Grace which Mr. Hickman was pleased to grant them § 83. Whereas he saith that my being married doth evacuate and nullifie my Title to all Academical Injoyments pag. 46 47. first I must tell him that I was single when I was cast out of my Fellowship which was my Freehold and some years after did so continue even till after I was presented to the Rectorie of Brington my injoym●nt of which he seems to envie ibid. And so I hope he will acknowledge my Arrears are due to me till then Nor can he with any Truth that I ever pretended to any more 2. I am not sure my being married can null my Title untill Doctor Oliver and the true Fellows shall so declare it and wise men have thought that by their good leave I am Fellow still till by a lawfull Election they put another into my place For Thomas Goodwin we know is a most scandalous usurper so as the Rhapsodist himself can be hardly worse And so my modus habendi may still be optimus as Mr. Hickma●'s is pessimus in the very worst sense too For I have an Academical enjoyment by Right Mr. Hickman onely by usurpation I am warranted by Vlpian to say I have it though many years together I have not held it Nam eum Habere dicimus qui Rei Dominus est aeque ac eum qui Rem Tenet 3. And it was strange that Mr. Hickman could think me incapable of my own at Magdalen Colledge by my having injoyed a single Parsonage whilst at the very same time he thought himself capable of things which were none of his even a Fellowship in the Colledge a Vicarage of Bra●kly and a Parsonage at Saint Towles too and all by no other title then what the wickedness of the Times could bestow up●n him So Mr. Tombes the Arch-Anabaptist could be qualified by the Times to be Parson of Rosse and Vicar of Lempster and Preacher of Bewdly and Master of the Hospital at Ledbury All which he was somewhat fitter for then Mr. Hickman if but capable of something by being lawfully ordained Whereas Mr. Hickman having been onely made a Minister not a Priest or a Deacon as Doctor Heylin doth well distinguish and made a Minister no otherwise then as the Fria●'s Pork was made Pickerill cannot be capable of the least much less of two or three Livings And perhaps in time he may say as much if he will reade Doctor Hammond upon the Ordinance of the two Houses for the ordination of Ministers Pro Tempore Printed at Oxford 1644. For which that Great Author was never yet accused of being impudent though what he writ was against the two Houses § 84. Because he know's I never said I was s●spected by the Visitors to be the Author of a Libel which words the man was resolved to use he tells his Reader that my words might look l●ke such an Affirmation p. 47. whereas before he confessed my words were no other then that I was secretly suggested to be the Author of some books which to this very day I could never hear nam'd p. 44. were all things Libells which were written for the cause of the King and of the Church or were any way displeasing to those mens Palates who came to V●sit Or is it lawfull to ruine men upon bare suspicion Was this for the credit of the Visitors or them that sent them Be it so that I was suspected as any other man might be I was as innocent as the morning in which I was told by Dr. R●y●olds of such suspicion And that he told me

were known to be I shall now observe in how many respects Mr. Baxter comes to be partaker of other mens sins besides the hideous and frightful nature of his Own I mean the sins of both the nominal Protectors and of that sort of men who had set them up To which end it will be usefull briefly to reckon the severall wayes whereby a man may be Accessory when another is Principal in a transgression 1. By Consent and Approbation so Saul was guilty of Stephens death Act. 8.1 So the Gnosticks were guilty of sins committed by other men because they had pleasure in those that did them Rom. 1.32 2. By Counsel and advise so Achitophel was guilty of Absolons Incest and Rebellion 2. Sam. 16.23 So also Caiphas had a hand in the blood of Christ Ioh. 11.49 3. By Appointment and Command so Pharoah and Herod are said to have slain the little children they never toucht Exod. 1. and Matth. 2. So David is said to have slain Vriah the Hittite though with the hand as well as the Sword of the Children of Ammon 2. Sam. 12.9 4. By Comm●nding Defending or Excusing the Fact or the Malefactour Wo be to you that call evill Good that put darkness for light and bitter for sweet Esa. 5.20 Wo be to them that sowe pillows to all Armeholes and make Kerchiefs upon the head of every stature to hunt souls Ezek. 13.18 5. By any kind of participation of any illgotten Goods whether gotten by Rapine or kept by fraud and unjust Title Of this saith the Psalmist when thou saw'st a Thief thou consentedst with him and hast been partaker with Adulterers Psal. 50.18 Thy s Princes are Rebellious and Companions of Thieves every one loveth gifts and followeth after Rewards Isa. 1.23 6. By too much Lenity and Connivence which harden's a sinner by Impunity And therefore Ahab was threatned for the unjust Mercy he shew'd to Benhadad with a sentence of Death without Mercy Because thou hast let go out of thy hand a Man whom I appointed to utter destruction therefore thy life shall go for his life and thy people for his people 1. Kings 20.42 This was the sin that brake Eli's Neck 1. Sam. 3.13 and 4.18 The Magistrate is made to be Gods Revenger to execute wrath upon him that doth evill And he ought not to bear the sword in vain Rom. 13.4 7. By unseasonable silence and Neglect of the Christian duty of reprehension For this is a sin against those precepts Levit. 19.17 Isa. 58. 1. Ezek. 3.17 and 33.7 Now by how many of these wayes Mr. Baxter hath been Accessarie to the Murder of One King and to the exclusion of another and to the debauching the peoples souls by his scandalous writings and example I leave to be pronounced by the Intelligent Readers Who that they may judge the more exactly shall do well to compare his signal Confessions above recited both with his flattering and blessing the Old and Young Cromwell And with his other Confessions which now ensue § 12. He confesseth he was moved to engage himself in the Parliament Warr Holy Common-wealth p. 456. And yet 2. That the Disorders which on both sides were unexcusable were no just cause to cast the Nation into a Warr. p. 474. Nay 3. That he would have ingaged as he did which was against his natural King and Leige Lord if he had known the Parliament he means the 2. Houses had been the beginners and in most fault p. 480. Nay 4. that the warr was not to procure a change of the constitution to take down Royalty and the house of Lords but clean contrary p. 482. why then did he fawn upon both the Cromwels 5. That all of them did rush too eagerly into the heat of Divisions and warr and none of them did so much as they should have done to prevent it And that himself in particular did speak much to blow the coals for which he saith he daily begs forgiveness of the Lord. p. 485. Nay 6. That he encouraged many thousands to engage against the Kings Army And is under a self-suspicion whether that engagement was lawfull or not yea that he will continue this self suspicion p. 486. Nay 7. he confesseth what he is by solemnly making this Declaration That if any of us can prove he was guilty of hurt to the person of the King or destruction of the Kings power or changing the Fundamental Constitution of the Common-wealth taking down the house of Lords without consent of all three States that had a part in the Sovereignty c. He will never gainsay us if we call him a most perfidious Rebell and tell him he is guilty of farr greater sin than Murder Whoredom Drunkenness or such like Or if we can solidly confute his grounds he will thank us and confess his sin to all the World p. 490. Here then I challenge him to make good his promise For I have proved him as guilty as any Rebell can be imagin'd in divers parts of this Postscript And his grounds I have confuted in my Appendix for Mr. Hickman § 78 79. If he thinks not solidly let him answer it if he is able § 13. What his chief Ground is upon which he goes whilest he speaks of the King as of a Rebell to the two Houses I easily gather from these words which I finde in his Praeface to the same book To this question did not you resist the King His answer is Verbatim thus Prove that the King was the highest power in the time of divisions and that he had power to make that war which he made and I will offer my Head to Iustice as a Rebell He here implicitely confesseth the King was once the highest power and implyes he lost it by the Divisions But that he never could loose it and that demonstrably he had it I have made it most evident in the Appendix of this book which concerns Mr. Baxter as much as Mr. Hickman at least as far as I have proved the Supremacy of the King § 78. which both the Houses of that Parliment did swear to acknowledg and to assert However if his Supremacy had been a Disputable thing yet whilst the most learned of the Land both Iudges and Divines did assert it in books which were never answered Mr. Baxter should have staid for the decision of that dispute before he resisted that power for the resisting of which for ought he knew he might be damned Rom. 13.4 Besides when he knew 't was no sin to abstain from fighting against the King and that fighting against him was a damning sin if it was any in the judgment of such persons as BP Hall BP Morton BP Davenant BP Brownrigg D. Sanderson D. Oldsworth thousands more he should have taken the safest course and rather have strained at a Gnat then have swallowed a Camel In a word That the warr was begun by the two Houses and only followed by