Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	king_n	parliament_n	right_n	8,411	5	7.1011	4	false

Text snippets containing the quad

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

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

observe how he defended and was faithfull to the King Lords and Commons to which he was Sworn and Sworn and Sworn again by his Confession Alluding I suppose to those three Oathes that of Allegiance that of Supremacy that of the Scotish and English Covenant Wherein He Swore to be faithfull and obedient to his Majesties person and posterity to assert and defend them with the utmost of his power that is to say with Life and Fortune He swore the two first with one hand upon the Bible the third with hands lifted up to the most high God After which I cannot tell whether he enter'd into the Engagement to be true and Faithfull to that which followed without the King and house of Lords but that he did as bad or worse I shall prove out of his writings by what now follows § 10. First he dedicates a book to Protector Richard wherein he playes the Parasitaster in a most loathsome manner The style in which he directs his Flattery is To his Highness Richard Lord Protector of the Common-Wealth of England Scotland and Ireland After which he begins to cogg with the man in these words These papers are Ambitious of Accompanying those against popery into your Highness presence for the tender of their service I observe the Nation generally rejoyceth in your peaceable entrance upon the Government Many are perswaded you have been strangely kept from participating in any of our late bloody contentions that God might make you an Healer of our Breaches and imploy you in that Temple-work which David himself might not be honoured with This would be the way to lift you highest in the esteem and love of all your People and make them see that you are appointed by God to be an Healer and Restorer and to glory in you and to blesse God for you as the instrument of our chiefest good My earnest prayers for your Highnesse shall be that you may rule us as one that is Ruled by God That you may alwayes remember you are Christs and your Peoples and not your own Your zeal for God will kindle in your Subjects a zeal for you Parliaments Ministers will heartily pray for you and praise the Lord for his mercies by you and Teach all the people to love honour and obey you I crave your Highness favourable acceptance of the tendred service of a Faithfull Subject to your Highness Richard Baxter In another Epistle to the same Richard to whom he dedicates another book he fawns and waggs the tail and catches at favour by these expressions You have your government and we our lives because the Papists are not strong enough Pope Pius V. in his Bull against our Queen Elizabeth saith we will and command that the Subjects take up Armes against that Haereticall and Excommunicated Queen Whether such Opinions as these should by us be uncontradicted or by you be suffered to be taught your Subjects is easie to discern We desire you that you would not advance us to temporal honours or dignities or power nor make us Lord Bishops nor to abound with the Riches of this World these things agree not with our calling Give not leave to every Seducer to do his worst to damn mens Souls when you will not tollerate every Tratior to draw your Armies or People into Rebellion If you ask who it is that presumeth thus to be your Monitor It is one that Rejoyceth in the present happiness of England and earnestly wisheth that it were but as well with the rest of the world and that honoureth all the providences of God by which we have been brought to what we are and he is one that concurring in the common hopes of greater blessings yet to these Nations under your Government was en●ouraged to do what you dayly allow your preachers to do and to concurr with the Rest in the Tenders and some performance of his service That God will make you a healer and preserver of his Churches here at home and a succesfull helper to his Churches abroad is the Earnest prayers of your Highness faithfull Subject Richard Baxter After this in a Third Epistle directed to the Army He calls the powers that were last laid by meaning either Richard or the Corrupt minority of the Garbled House but I rather suppose the Former The best governnours in all the world that have the supremacy whom to resist or depose is forbidden to Subjects on pain of Damnation In what respect he affirmeth those powers the best he explains by Wisdom and holyness conjunct And of the same he saith shall the best of Governours the greatest of mercies seem intollerable O how happy would the best of the Nations under heaven be if they had the Rulers that our Ingratitude hath cast off Again he tells them his book was written whilest the Lord Protector prudently piously faithfully to his immortall honour did exercise the Government Nay speaking I am sure either of Richard or the Rump but I think of Richard he saith he is bound to submit to the present Government as set over us by God and to obey for conscience and to behave himself as a loyall Subject towards them Nay his Reason for this is yet more monstrous first partially to Richard he saith A Full and Free Parliament hath owned it and so there is notoriously the Consent of the People which is the Evidence that some Princes had to justify the best Titles Next maliciously to the King his only rightfull Soveraign Lord he saith That they who plead Inheritance and Law must fetch the Original from Consent Lastly that nothing might be wanting to speak him a Time-server in grain He said to Richard concerning Oliver the bloodiest Tyrant in all the World That the Serious endeavours of his Renowned Father for the Protestants of Savoy had won him more esteem in the hearts of many that fear the Lord then all his Victories in themselves considered To which he added We pray that you may INHERIT a tender Care of the Cause of Christ plainly implying the Tyrant Oliver to have been Tenderly carefull of the Cause of Christ and so becoming by such Cajolrie a most eminent partaker in all his villanies Yet this is the man that stands neer Aeternity as he boasteth of himself and therefore unfaithfull Man-pleasing would be to him a double crime § 11. Having praemised his fearfull daubing with the Titularie Protectors whom he confessed to have Governed according to an instrument made by God knows who and according to the humble petition and advice made by all the world knows whom to wit a most illegall and Criminall sort of Traytors nicknamed a Parliament And with that having compared though not so fully as I intend his malicious disowning the Lords Anointed whom he had sworn and sworn and sworn again to be faithful unto and to defend against all such usurpers as Oliver Ale-seller and Richard

that I should make it my first endeavour to comfute their doctrine of Reprobation § 22. What he saith next of Bp. Montagues visitation p 3. and of his Majesties Declaration which was not intended as a two edged sword p. 4. is many wayes to my Advantage For 1. the end of that Bishops inquiry in his Episcopal visitation was to silence the Doctrine of irrespective Decrees And the same was the end of my Next that ought to have been the end both of the one and the other because Mr Hickman doth now confesse that even that was the end of the Kings Majesti●s Declaration to which we thought it our Duty to yield Obedience 3. The two edged sword is strangely joyned by Mr. Hickman with a charitable designe to settle peace or stop mouthes 4. Whilest he saith it was designed to stop the mouthes of the Orthodox he means by Orthodox those men who taught as since the Assembly men have done that all things are ordained by God and so the murdering of the innocent as well as the punishing of the guilty And why forsooth were they Orthodox but because Authority had designed to stop their mouthes How much rather may Independents bestow on themselves the name of Orthodox whose mouths were designed to be stopt by the Presbyterians 5. The very truth of it is this That Declaration was intended to stop Discourses on eitherside any farther then our Church had given a Rule whereby to teach both in her Catechisme Liturgie Homilies and Articles whose contrariety indeed to the way of Calvin had very good reason to put a muzz●l upon his follow●rs mouths whensoever they were opened to Gods dishonour And this I am able to make apparent by an eminent Person now living from whom I had the following story that when a Preacher came to Court and had put in his Text to the Clerk of the closet then Bp. of Hereford why will ye dye O house of Israel One of the Chaplaines now a Bishop was sent to give him a timely warning not to have any thing in his Sermon against the Kings Declaration And he undertaking that he had not was permitted to preach before his Majesty § 23. What he saith of the Lord Falkland his speech in Parliament speaking in favour of his party in one respect but quite against them in another p. 5. hath no other force in it then that he either thought what he spake and so that he had not yet seen his errour or that at least by his displeasure to some of the Bishops then in power he was induced to declaim in General Termes without the addition of any proof or of any thing else to supply its room And so I could tell of another Lord who would have proved I cannot say but perswaded onely that the Oath in the Canon against Popery and innovations of which Presbyterianism was not the least was someway against the King's Supremacy But wise men knew what these things meant as well as what the words signifie And let it be noted by Mr. H. that the Doctrine which he opposeth was then confessed by the Lord Falkland in the very same speech not to be contrary to Law and had nothing but custom to plead against it Not proving whether the Custom were good or evil And of what importance it is in RELIGION to draw an Argument onely from Custome let it be sadly weighed by Them who do at any time presse for a Reformation Down goes Presbyterie if yet I may imply it was ever up as farre as the speech of that Lord hath any force or strength in it § 24. But now that the Reader may be informed of the disinteressed Iudgement which that most learned and noble Lord professed to have of those points I will lead him to his Reply to the Romanists Answer in vindication of what he had written against the pretended infallibility of the Church of Rome My Lord in his pages 108 109. speaking of the great controversy betwixt the Dominicans and the Iesuites which was debated and heard before Pope Clement and of the many dayes spent in examining what St. Austin thought his Lordship adds these words concerning Austin and his Ancestors And for Austin He thought so variously concerning it that he scarce knew himself which whereas all the Antients that I could ever meet with as his Lordship goes on were with the Iesuits with an unanimous consent Whatever that Lord might think or say in any other time or place here he shews us his most avowed and I have reason to believe his ripest judgement § 25. Now comes the practice of an arrant Bigot in Presbyterianisme who saith that If whilst I have b●en throwing stones that is writing controversie my children have wanted their bread or have been fain to take it divided to them by a more unskilfull ha●d th●n mine own Then have I put something upon my Doomesday Book which he wishes I may have Time to take off by Repentance p. 5 and 6. Here he intimates to his Reader with a barbarous If a thing as false as it is malicious And I wi●l punish him onely by saying what is a great and known truth That I have been as constant a we●kly Preacher and sometimes more then w●ekly too since I writ what I have publisht and all the time that I was writing as any Presbyterian within my knowledge and more then some whom I could name When indeed I have been vehemently sick for it is not all sickness that hath excus'd me my flock hath been fed by some other shepherd When I have sometimes been Absent I have seldome preached the less for that but somtimes the more and somewhere alwayes where need hath been If to avoid shifting tu●ns with neighbour-Minist●rs the cheap and lazie trick of the Presbyterians I have been at the charge to maintain a Br●ther for my Assistance that whether sick or absent I may not be wanting to my Flock what hurt have I done to such covetous worldlings as rather then be at that cost for their peoples good will make a scandalous shift and put their money into their Pockets I think 't were happy we had a Law whereby to compell them to use Assistants who spread out half their matter thinly and call it a Sermon in the morning the other half being reserv'd to be spread as thinly and so to be called a second Sermon after noon So mine Host in Livie brancht out his Porket that his Gu●sts might not grumble for want of a second and third course And children are pleas'd with a couple of sixpences when they will not be content with a single shilling Alas the difference is as great I mean in one and the same man betwixt Sermon and Sermon as betwixt Gold in the ingot and in the leaf Nothing is commoner with Preachers then to thrust up m●ny Sermons into one or to beat out one into many And whereas it is hinted by Mr. Hickman that I have fed

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

the University the Warden or President or any person of the said Colledges or any S●udent in the University that hath been commorant there fifteen dayes in the year preceding the Visitation by which exception all th●se men which have lately been the onely actors in this business having now resided 't is to be supposed studied here for some time and now one nam'd and by them reputed to be Vice chancellour others to be Gov●rnours of particular Colledges are made utterly uncapable of that employment I shall not need to mention any more it being clear that these men are not deputed by that Bishop and as clear that if they were deputed by him they are not qualified according to the Statutes but expresly excluded by them Now what is thus ordained by those statutes every member admitted into those Colledges is by Oath obliged to observe and not onely involved in perjury if he do not but where other penalties are not named as in this matter there are not is liable to the pain of perjury that is deprivation of all benefits of his Colledge which is now become the punishment of none but those who will observe them Besides these Oathes which particularly and directly look to the grand ma●ter of the Visitation There be many other branches of our Oathes Academicall and Collegiate which are most nearly concerned in the present transactions The Statutes of the University to the observing of which our oaths distinctly bind us prescribe the manner of Election of Proctours of calling and meeting in Convocations c. And therefore whensoever Proctours have been removed by the KING the Vniversity Statutes have taken place in appointing the Successours and those as the Vice-chancellour also are obliged to take Oaths for the discharge of their places according to statute But all is now done directly cont●ary to all this And therefore herein no sworn member of the Vniversity can think fit without professing despight to Conscience or reputation to joyn with them And so in particular Colledges the Statutes are punctuall that after the departure or a motion of any Governour the Fellows must proceed within such a time to the election of a new and he and none but he shall be reputed Warden President c. who shall be chosen by a major part of the Electours And then he that is chosen must take severall Oaths particularly to govern according to Statute before any of the muniments of the Colledge may be delivered up to him or before he enter upon the Government to act any thing in it And this is established by severall positive statutes to the observing of which all members of Colledges are precisely sworn And it is evident and acknowledged that no man can be made Dean or Prebendary of Christs Church nor ever was since the foundation of the Church but by the KINGS personal consent and nomination under the Privy Seal and Broad Seal by which he is installed And to him that is thus possest of that Deanary every Student of that Church is by plain words of the Oath of his admission bound to perform due obedience c. All which being now most clearly violated by not onely Sequestring but removing the former and putting in new Governours by force without Election or taking of Oaths to the Colledges it follows that no sworn member of any Colledge can acknowledge any such Governours without wilfull un-execusable Perjury The onely thing that hath yet been offer'd to us to answer the Force and urgence of all this Plea and at the presence of which all mention of our Oaths must vanish presently is the pretended Soveraign power of the two Houses to make and abolish Laws and Obligations which having interposed here is consequently said to quit us of all these engagements which formerly lay upon us But this is so far from removing our scruples that it is it self a scruple much more hard to us to digest then the former For by our having taken the Oath of Supremacy we have acknowledged that to be onely in the KING and by our education in this Kingdome have been brought up in a firm belief grounded on the known Laws and Customes thereof that the power of enacting and repealing of Laws belongs not to the two Houses exclusively but to the KING ' with the consent of the two Houses and we do now profess never to have heard any thing to the contrary before these times nor since these times sufficient to alter our judgements in this particular And therefore whatsoever question be made of this truth by other men yet we whose hearts assure us that we make no question of it and consequently acknowledge that we do not yet conceive our selves to be freed from any one branch of any of these Oaths cannot imagine what colour it is possible for the Tempter to put upon this required submission by which to perswade us that it might be reconcileable with a good Conscience now or with any degree of excuse to God or men or of quiet and tranquillity within our own breasts at the hour of death in case we should on such terms as these submit to this Visitation And as I think I might safely appeal to any Divine in the world as to a Confessour or Casuist for the stating of this Question Whether it were lawfull for us to submit supposing our many Oathes confestly bound us to the contrary and that we are verily perswaded that those Oathes are in full force upon us and as confident that the two Houses could not dispence with them nor take off the obligingness of them So would I likewise appeal to any man living that ever pretended to assert either the Liberty of Conscience or p●opriety of goods Whether we ought in this case to be turn'd out of our free hold to the utter undoing of so great a multitude for no other crime but this of not submitting when that is nothing else but the following the dictates of our Consciences informed and regulated by the known Laws of the Land Having given you this short view of our state which as 't is told us assuredly by the Visitours is suddenly to bring a perfect vastation on this Vniversity I cannot but think it my duty to the publick which is now so disabled from meeting in a body that it cannot make any formall address to you to lay this representation before you and to desire by your assistance it may yet be resumed into consideration Whether it will be for the honour of Christian Religion or of the Protestant Profession that our bare demurring or refusing to submit our selves to the grossest and most unquestion'd perjuries should be voted by your Committee to be an high contempt of Authority of Parliament and such punishments assign'd thereto which if inflicted impartially must necessarily leave no one Scholar of what quality soever in this University which is of age to have taken Oathes of admission to the University or to any particular Colledge which

the King in his most Necessary Defence hath been proved too often to be excusably denyed And that our Law doth declare it to be high Treason to seize the Kings Ports Forts Magazine of war to remove Counsellors by Arms to Levy Warr to alter the Law to counterfeit the broad Seal to adhere to any state within the Kingdom but the Kings Majesty to imprison the King until he agree to certain Demands Unanswerably proved by the most excellent Judge Ienkins from page 37. as farr as page 77. That the power of the Militia and of making war is by Law in the King yea that All Authority and Iurisdiction Spiritual and Temporal is derived from the King therefore none from the Houses The same Judge hath evinced p. 20. and 8. and 13. I exhort Mr. Baxter to read the works of that Learned person and either to baffle all that Law and to confute that mighty Lawyer or else to declare he hath been worse then either a Drunkard or an Adulterer and offer his head as a Rebell according to his present promise I would not exhort him to the later but that I think it the way to obtein his pardon § 14. Whilst he saith that his Protector was set over us by God and owned also by a full and free Parliament ibid. p. 484. lin 2. he does not only falsifie against a known matter of fact All the considerable persons in the Land having been utterly against him but he grosly gives the lye to the Secluded Members whom he had called the first s●rt of the best Governours in the Land and to both the Houses of that very Parliament with whom he engaged against the King In stead of proving this at large which is not fit for this Postscript I will referr him to the perusal of Mr. Pryns True perfect Narrative And to The True State of the Secluded Members Case in Vindication of themselves From thence he may see how he hath Trespassed against them Besides that a Parliament cannot be full without the King who is the Head and House of Lords who are the shoulders never was any full Body made up of leggs with an Addition of some other Inferiour Members But Squire Cromwell was not the King nor was the pack of Mechanicks an House of Lords nor is it less then high Treason to set up either with those pretentions yet this was done by Mr. Baxter let him deny it if he is able Again a Parliament cannot be Free unless the Common●rs are chosen by all the people who are qualified by law to give their suffrage Whereas no loyall Man was allowd by Cromwell to give a voice at those Elections and no honest Man could safely do it For besides the danger of provoking a proud Vsurper Squire Cromwel had no more right to send out Writs for an Election of Parliament Men then any Porter or Scavinger in all the Kingdom Nay he had less rather than more by being Son to so guilty and foul a Tyrant Richards Issuing out of writs was a most Treasonable Fact And could that make a Parliament full or free for which the maker by Law might be hang'd at Tiburn Let Mr. Baxter now consider in how many respects he is obnoxious both to the wrath of God for all his Perjuries and Time-serving to the wrath of God's Anointed whose Restauration is not impossible though somwhat remote from the eye of flesh for all his Treasons and slanders To the wrath of the two Houses before they were Garbled by the Army and Oliver Cromwell by setting up to their destruction a pack of flattering Cromwellians and affording them the name of a Full and Free Parliament Lord to what times are we reserved when such a Creature may pass for a godly brother and be entrusted with peoples souls § 16. Whilst he saith The old Constitution was King Lords and Commons which we were sworn and sworn and sworn again to be faithful to and to defend Praef. p. 9. he either implyes there was since a new Constitution and then he must shew by whose Authority it was made or else he must confess he spake and acted against his conscience when he claw'd the Cromwells and their Abettors as hath been shewd And he must name by what power he could be absolved from his three oaths or else acknowledge to all the world he is a perjur'd perjur'd perjur'd person For where was his Faithfulness to the King to which he was sworn and sworn and sworn when he confesseth he encouraged so many thousands to fight against him and when he acknowledged Mr. Cromwell to be his Soveraign And set over him by God too who did but suffer and permit that is not hinder the Prince of Darkness to set him over us Is Mr. Baxter qualified for the Priesthood being not able to distinguish betwixt Permission and approbation sufferance and appoin●ment or betwixt Gods patience and the Activity of Satan How again did he defend the Lords and Commons of the Long Parliament in conjunction with the King or divided from him when he asserted Cromwels Iuncto to be a full and free Parliament yet he knowes what it was which he was sworn to defend § 17. Whilst he saith The King withdrawing the Lords and Commons ruled alone ibid he first gives the lye to the Lords and Commons who in their Addresses and Declarations did own the King to be their Soveraign and called themselves his humble subjects Mr. Baxter himself could say no more to Mr. Cromwel They protested against the thought of ever changing the Government or lessening his Majesties just Prerogative but their Intention was to make him the greatest Prince in Christendome They confessed that without him they might not Rule and therefore used His Name to give countenance to their Actions I could write a volume on this occasion were it not fitter to referr unto severall volumes already written Let Mr. Baxter write less till he hath read more and let him read the writings of the most learned Doctor Hammond both against the Ordinance of the Lords and Commons for abolishing the Liturgie and against taking up of Arms under colour of Religion against the lawfull Magistrate Let him read Judge Ienkins against Master Prin's first writings and let him read the latter writings of Mr. Prin against himself Let him reade Mr. Diggs and Doctor Langbane The Regal Apologie the excellent observations upon Aristotles Politiques and many more such books then do occurr to my memory whilst I am writing Next in saying the King with-drew he doth unreasonably imply the King's withdrawing from the Government why else doth he add the Lords and Commons ruled alone which as it is a most senseless and a most traiterous insinuation so it seems to be the Reason why the man makes so ill use of Grotius whom he doth either not understand as indeed Mr. Baxter is a very small Latinist and not a small but rather no Grecian or wilfully mistake and