More proofs of infants church-membership and consequently their right to baptism, or, A second defence of our infant rights and mercies in three parts ... / by Richard Baxter.

SECT. XXVIII.

R. B. I Come next to the sixth Question, Whether indeed there be any transeunt fact, which without the causation of any promise or precept, did make the Israelites Infants Church-members▪ This you affirm (if you would be understood;) whether this your ground of Infants Church-mem∣bership or mine be righter, I hope will be no hard matter for another man (of common capacity) to discern. By a [transeunt fact] thus set as con∣tradistinct to a law, precept or promise, either you mean the act of legislation and promise making, or some other meerly physical act. If the former, it is too ridiculous to be used in a serious business: For you should not put things in competition ex∣cluding the one, where they both must necessarily

concur, the one standing in a subordination to the other. Was there ever a Law or Covenant made in the world any other way than by a transeunt fact? Sure all legislation is by some signification of the Soveraigns will. And the making of that sign is a transeunt fact. If it be by voice, is not that transeunt? If by writing, is not the act transeunt? If by creation it self, the act is tran∣seunt though the effect be permanent. And cer∣tainly if legislation or promising be your transe∣unt fact, you do very absurdly put it in opposition to a law (or promise) it being the making of such a law. And the legislation doth no way oblige the subject, but by the law so made: nor doth the making of a promise, grant or covenant, confer right to the benefit which is the subject of it, any otherwise than as it is the making of that grant which shall so confer it. As the making of a knife doth not cut, but the knife made: and so of other instruments. So that if the law oblige not, or the grant confer not, certainly the legislation or promise-making cannot do it. I cannot therefore imagine that this is your sense, without charging you with too great absurdity. As if you should say, It is not the will of the testator, i. e. his te∣stament, that entitleth the legatary to the legacy, but it is the transeunt fact of the testator in ma∣king that will: or it is not the Soveraigns commis∣sion that authorizeth a Judge, souldier, &c. but it is the transeunt fact of writing or making that commission. It is not the sign that signifieth, but the transeunt fact of making that sign. Were not this a contemptible arguing? To charge you with

this, were to make you tantum non unreasonable. And yet I know not what to say to you, that is, how to understand you. For if you mean a meer physical transeunt fact, which is no such legislati∣on or promise-making, then it is far more absurd than the former. For if it be not a sign of Gods will obliging to duty, or conferring benefit, then can it not so oblige to duty, nor confer benefits. It is no other transeunt fact but legislation that can oblige a subject to duty, nor any other tran∣seunt fact but promise, or other donation, that can convey right to a benefit, or oblige the promi∣ser. A moral or civil effect must be produced by a moral or civil action, and not by a meer phy∣sical action; which is unfit to produce such an ali∣en effect, and can go no higher than its own kind. What sense therefore I should put on your words, without making them appear unreasonable, even much below the rates of ordinary rational peoples discourse, I cannot tell. For to say, it is not a law but legislation, is all one as to say, it is not the fundamentum, but the laying of that founda∣tion that causeth the relation, or from which it doth result. And to say it is an alien physical act, which hath no such thing as right for its subject or terminus, is to confound physicks and morals, and to speak the grossest absurdities; as to say that the transeunt fact of eating, drinking, going, building, &c. do adopt such an one to be your heir. I must needs think therefore, till you have better cleared your self, that you have here quit your self as ill, and forsaken and deliver∣ed up your Cause, as palpably as ever I knew man

do, without an express confession that it is naught. When men must be taught by this obtuse subtilty to prove that Infants Church-membership needed no revocation, forsooth [because their Church-membership was not caused by a law, precept, pro∣mise or covenant, but by a transeunt fact] than which as you leave it, the world hath scarce heard a more incoherent dream. But I pray you remem∣ber in your reply that you being the affirmer of this, must prove it. Which I shall expect, when you can prove that you can generate a man by spit∣ing or blowing your nose, or by plowing and sow∣ing can produce Kings and Emperors.

Mr. T. Here Mr. T. is at the old transeunt fact again: Let the Reader make his best of it: I ac∣count it not worth the reciting; nor his title of Canine Scoptical Rhetorick regardable.