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A62025	Reasons of the present judgement of the Vniversity of Oxford concerning The Solemne League and Covenant, The Negative Oath, The Ordinances concerning discipline and vvorship : approved by generall consent in a full convocation, 1, Jun. 1647, and presented to consideration.; Judicium Universitatis Oxoniensis. English	Sanderson, Robert, 1587-1663.; Zouch, Richard, 1590-1661.; Langbaine, Gerard, 1609-1658.; University of Oxford.	1647 (1647)	Wing S624; ESTC R183228	29,783	44

REASONS Of the present judgement of the Vniversity of OXFORD CONCERNING The Solemne League and Covenant The Negative Oath The Ordinances concerning Discipline and VVorship Approved by generall consent in a full Convocation 1. Iun. 1647. AND Presented to Consideration Printed in the Yeare 1647. A Solemn League and Covenant for Reformation and defence of Religion the honour and happinesse of the King and the Peace and Safety of the three Kingdomes England Scotland and Ireland WE Noblemen Barons Knights Gentlemen Citizens Burgesses Ministers of the Gospell and Commons of all sorts in the Kingdoms of England Scotland and Ireland by the Providence of God living under one King and being of one Reformed Religion having before our eyes the glory of God and the advancement of the Kingdome of our Lord and Saviour Iesus Christ the honour and happinesse of the Kings Majestie and His Posterity and the true publick Lybertie Safetie and Peace of the Kingdoms wherein every ones private condition is included and calling to mind the treacherous and bloudy plots Conspiracies Attempts and practices of the Enemies of God against the true Religion and Professors thereof in all places especially in these three Kingdomes ever since the Reformation of Religion and how much their rage power and presumption are of late and at this time increased and exercised whereof the deplorable estate of the Church and Kingdom of Ireland the distressed estate of the Church and Kingdome of England and the dangerous estate of the Church and Kingdome of Scotland are present and publick Testimonies We have now at last after other meanes of supplication Remonstrance Protestations and Sufferings for the preservation of our selves and our Religion from utter ruine and destruction according to the commendable practice of these Kingdomes in former times and the Example of Gods People in other Nations after mature deliberation resolved and determined to enter into a mutuall and solemne League and Covenant wherein we all subscribe and each one of us for himselfe with our hands lifted up to the most High God do swear I. THat we shall sincerely really and constantly through the Grace of God endeavour in our severall places and callings the preservation of the Reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government against our common Enemies The Reformation of Religion in the Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and the example of the best reformed Churches And shall endeavour to bring the Churches of God in the three Kingdomes to the nearest conjunction and uniformity in Religion Confession of Faith Form of Church Government Directory for Worship and Catechizing That we and our posterity after us may as Brethren live in Faith and Love and the Lord may delight to dwell in the midst of us II. That we shall in like manner without respect of persons endeavour the extirpation of Popery Prelacy that is Church Government by Archbishops Bishops their Chancellours and Commissaries Deans Deans and Chapters Archdeacons and all other Ecclesiasticall Officers depending on that Hierarchy Superstition Heresie Schisme Profanenesse and whatsoever shall be found to be contrary to sound Doctrine and the power of Godlinesse lest we partake in other mens sinnes and thereby be in danger to receive of their plagues and that the Lord may be one and his Name one in the three Kingdomes III. We shall with the same sincerity reallity and constancy in our severall Vocations endeavour with our estates and lives mutually to preserve the Rights and Privileges of the Parliaments and the Liberties of the Kingdomes and to preserve and defend the Kings Majesties person and authority in the preservation and defence of the true Religion and Liberties of the Kingdomes that the world may bear witnesse with our consciences of our Loyaltie and that we have no thoughts or intentions to diminish His Majesties just power and greatness IIII. We shall also with all faithfullnesse endeavour the discovery of all such as have been or shall be Incendiaries Malignants or evill Instruments by hindring the Reformation of Religion dividing the King from his people or one of the Kingdomes from another or making any faction or parties amongst the people contrary to this League and Covenant that they may be brought to publick triall and receive condigne punishment as the degree of their offences shall require or deserve or the supream Judicatories of both Kingdomes respectively or others having power from them for that effect shall judge convenient V. And whereas the happinesse of a blessed Peace between these Kingdomes denied in former times to our progenitours is by the good providence of God granted unto us and hath been lately concluded and setled by both Parliaments we shall each one of us according to our place and interest endeavour that they may remain conjoyned in a firm Peace and Union to all posterity And that Justice may be done upon the wilfull opposers thereof in manner expressed in the precedent Articles VI We shall also according to our places and callings in this common cause of Religion Liberty and Peace of the Kingdomes assist and defend all those that enter into this League and Covenant in the maintaining and pursuing thereof and shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terrour to be divided and withdrawn from this bles●ed Union and Conjunction whether to make defection to the contrary part or to give our selves to a detestable indifferencie or neutrality in this cause which so much concerneth the glory of God the good of the Kingdoms and the honour of the King but shall all the dayes of our lives zealously and constantly continue therein against all opposition promote the same according to our power against all lets and impediments whatsoever and what we are not able our selves to suppress or overcome we shall reveal make known that it may be timely prevented or removed All which we shall do as in the sight of God And because these Kingdoms are guilty of many sinnes and provocations against God and his Son Iesus Christ as is too manifest by our present distresses and dangers the fruits thereof We professe and declare before God and the world our unfained desire to be humbled for our owne sins and for the sins of these Kingdoms especially that we have not as we ought valued the inestimable benefit of the Gospel that we have not laboured for the puritie and power thereof and that we have not endeavoured to receive Christ in our hearts nor to walke worthy of him in our lives which are the causes of other sinnes and transgressions so much abounding amongst us And our true and unfained purpose desire and endeavour for our selves and all others under our power and charge both in publick and in private in all duties we owe to God and man to amend our lives and each one to goe before another in the example of a reall

the fourth that of Doctrine not at all better then our own which we are in the next passage of the Article required to reforme 3. Wherein if hereafter we shall find any thing as upon farther understanding thereof it is not impossible we may that may seem to us savouring of Popery Superstition Heresie or Schisme or contrary to sound doctrine or the power of godlinesse we shall be bound by the next Article to endeavour the extirpation after we have bound our selves by this first Article to the preservation thereof 4. Wherein we already find some things to our thinking so far tending towards a Superstition and b Schisme that it seemeth to us more reasonable that we should call upon them to reforme the same then that they should call upon us to preserue it Secondly we are not satisfied in the next branch concerning the Reformation of Religion in our own Kingdome in Doctrine Worship Discipline and Government How we can sweare to endeavour the same which without making a change therein cannot be done 1. Without manifest scandall to the Papist and Separatist 1. By yeelding the cause which our godly Bishops and Martyrs and all our learned Divines ever since the Reformation have both by their writings and sufferings maintained who have justified against them both the Religion established in the Church of England to be agreeable to the Word of God 2. By justifying the Papists in the reproaches and scorne by them cast upon our Religion whose usuall objection it hath been and is that we know not what our Religion is that since we left them we cannot tell where to stay and that our Religion is a c Parliamentary Religion 3. By a tacite acknowledgement that there is something both in the doctrine and worship whereunto their conformity hath been required not agreeable to the Word of God and consequently justifying them both the one in his Recusancy the other in his Separation 4. By an implied Confession that the Lawes formerly made against Papists in this Kingdome and all punishments by virtue thereof inflicted upon them were unjust in punishing them for refusing to joyne with us in that forme of Worship which our selves as well as they doe not approve of 2. Without manifest wrong unto our selves our Consciences Reputation and Estates in bearing false witnesse against our selves and sundry other wayes by swearing to endeavour to reforme that as corrupt and vicious 1. Which we have formerly by our Personall Subscriptions approved as agreeable to Gods Word and have not been since either condemned by our own hearts for so doing or convinced in our judgements by any of our Brethren that therein we did amisse 2. Which in our Consciences we are perswaded not to be in any of the foure specified particulars as it standeth by Law established much lesse in the whole foure against the Word of God 3. Which we verily believe and as we think upon good grounds to be in sundry respects much better and more agreeable to the Word of God the practice of the Catholique Church then that which we should by the former words of this Article sweare to preserve 4. Whereunto the d Lawes yet in force require of all such Clerks as shall be admitted to any Benefice the signification of their hearty assent to be attested openly in the time of Divine Service before the whole congregation there present within a limited time and that under pain upon default made of the losse of every such Benefice 3. Without manifest danger of Perjury This branch of the Article to our best understandings seeming directly contrary 1. To our former solemne Protestation which we have bound our selves neither for hope feare or other respect ever to relinquish Wherein the Doctrine which we have vowed to maintaine by the name of the true Protestant Religion expressed in the Doctrine of the Church of England we take to be the same which now we are required to endeavour to reform and alter 2. To the Oath of Supremacy by us also taken according to the Lawes of the Realme and the Statutes of our University in that behalfe Wherein having first testified and declared in our Consciences that the Kings Highnesse is the only supreme Governour of this Realme we doe after swear to our power to assist and defend all Iurisdictions Privileges Preheminences and Authorities granted or belonging to the Kings Highnesse His Heires and Successors or united and annexed to the Imperiall Crowne of this Realme One of the which privileges and Preheminences by an expresse Statute so annexed and that even in terminis in the selfe-same words in a manner with those used in the Oath is the whole power of Spirituall or Ecclesiasticall Jurisdiction for the correction and reformation of all manner of errors and abuses in matters Ecclesiasticall as by the e words of the said Statute more at large appeareth The Oath affording the Proposition and the Statute the Assumption we find no way how to avoyd the Conclusion §. IV. of the Second Article of the Covenant FIrst it cannot but affect us with some griefe and Amazement to see that antient forme of Church-Government which we heartily and as we hope worthily honour as under which our Religion was at first so orderly without violence or tumult and so happily reformed and hath since so long flourished with Truth and Peace to the honour and happinesse of our owne and the envy and admiration of other Nations not only 1. Endeavoured to be extirpated without any reason offered to our understandings for which it should be thought necessary or but so much as expedient so to doe But also 2. Ranked with Popery Superstition Heresie Schisme and Prophanesse which we unfainedly professe our selves to detest as much as any others whatsoever 3. And that with some intimation also as if that Government were some way or other so contrary to sound doctrine or the power of godlinesse that whosoever should not endeavour the extirpation thereof must of necessity partake in other mens sins which we cannot yet be perswaded to believe 4. And we desire it may be considered in case a Covenant of like forme should be tender'd to the Citizens of London wherein they should be required to sweare they would sincerely really and constantly without respect of persons endeavour the extirpation of Treason the City Government by a Lord Major Aldermen Sheriffes Common-Councel and other officers depending thereon Murther Adultery Theft Cosenage and whatsoever shall be c. lest they should partake in other mens sinnes whether such a tendry could be looked upon by any Citizen that had the least spirit of freedome in him as an act of Justice Meeknesse and Reason Secondly for Episcopall Government we are not satisfied how we can with a good Conscience sweare to endeavour the extirpation thereof 1. in respect of the thing it selfe Concerning which government we thinke we have reason to believe 1. That it is if not Iure divino in

the strictest sense that is to say expressely commanded by God in his Word yet of Apostolicall institution that is to say was established in the Churches by the Apostles according to the mind and after the example of their Master Iesus Christ and that by virtue of their ordinary power and authority derived from him as deputed by him Governors of his Church 2. Or at least that Episcopall Aristocracy hath a fairer pretension and may lay a juster title and claime to a Divine institution then any of the other formes of Church-Government can doe all which yet do pretend thereunto viz. that of the Papall Monarchy that of the Presbyterian Democracy and that of the Independents by Particular Congregations or Gathered Churches 2. But we are assured by the undoubted testimony of Antient Records and later Histories that this forme of Government hath beene continued with such an universall uninterrupted unquestioned succession in all the Churches of God and in all Kingdomes that have beene called Christian throughout the whole world for fifteen hundred yeers together that there never was in all that time any considerable opposition made there against That of Aërius was the greatest wherein yet there was little of consideration beside these two things that it grew at the first but out of discontent and gained him at the last but the reputation of an Heretique From which antiquity and continuance we have just cause to fear that to endeavour the extirpation thereof 1. Would give such advantage to the Papists who usually object against us and our Religion the contempt of antiquity and the love of novelty that we should not be able to wipe off the aspersion 2. Would so diminish the just authority due to the consentient judgement and practice of the universall Church the best interpreter of Scripture in things not clearly exprest for Lex currit cum praxi that without it we should be at a losse in sundry points both of Faith and Manners at this day firmely believed and securely practiced by us when by the Socinians Anabaptists and other Sectaries we should be called upon for our proofes As namely sundry Orthodoxall explications concerning the Trinity and Co-equality of the Persons in the God-head against the Arians and other Heretiques the number use and efficacy of Sacraments the Baptising of Infants Nationall Churches the observation of the Lords-Day and even the Canon of Scripture it self Thirdly in respect of our selves we are not satisfied how it can stand with the principles of Iustice Ingenuity and Humanity to require the extirpation of Episcopall Government unlesse it had been first cleerly demonstrated to be unlawful to be sincerely and really endeavoured by us 1. Who have all of us who have taken any Degree by subscribing the 39. Articles testified our approbation of that Government one of those a Articles affirming the very Book containing the form of their Consecration to contain in it nothing contrary to the Word of God 2. Who have most of us viz. as many as have entred into the Ministery received Orders from their hands whom we should very ill requite for laying their hands upon us if we should now lay to our hands to root them up and cannot tell for what 3. Who have sundry of us since the beginning of this Parliament subscribed our names to Petitions exhibited or intended to be exhibited to that High Court for the continuance of that Government Which as we then did sincerely and really so we should with like sincerity and reality still not having met with any thing since to shew us our errour be ready to doe the same again if we had the same hopes we then had of the reception of such Petitions 4. Who hold some of us our livelyhood either in whole or in part by those titles of Deanes Deanes and Chapters c. mentioned in the Articles being members of some Collegiate or Cathedrall Churches And our memories will not readily serve us with any example in this kind since the world began wherein any state or profession of men though convicted as we are not of a crime that might deserve deprivation were required to bind themselves by oath sincerely and really to endeavour the rooting out of that in it selfe not unlawfull together wherewith they must also root out themselves their estates and livelyhoods 5. Especially it being usuall in most of the said Churches that such persons as are admitted members thereof have a personall Oath administred unto them to maintain the honour Immunities Libertyes and profits of the same and whilst they live to seeke the good and not to doe any thing to the hurt hindrance or prejudice thereof or in other words to the like effect Fourthly in respect of the Church of England we are not satisfied how we can swear to endeavour the extirpation of the established Government no necessity or just Cause for so doing either offering it selfe or being offered to our understandings 1. Since all change of Government unavoidably bringeth with it besides those that are present and evident sundry other inconveniences which no wit of man can possibly fore-see to provide against till late experience discover them We cannot be sure that the evils which may ensue upon the change of this Government which hath been of so long continuance in this Kingdome is so deeply rooted in the Lawes thereof and hath so neere a conjunction with and so strong an influence upon the Civill State and Government as that the change thereof must infer the necessity of a great alteration to be made in the other also may not be greater then the supposed evils whatsoever they are which by this change are sought to be remedied For there are not yet any come to our knowledge of that desperate nature as not to be capable of other remedy then the utter extirpation of the whole Government it selfe 2. Whereas the House of Commons have b remonstrated that it was far from their purpose or desire to abolish the Church-Government but rather that all the members of the Church of England should be regulated by such Rules of Order and Discipline as are established by Parliament and that it was Malignancie to infuse into the people that they had any other meaning We are loth by consenting to the second Article to become guilty of such Infusion as may bring us within the compasse and danger of the fourth Article of this Covenant 3. Since it hath been declared by sundry c Acts of Parliament That the holy Church of England was founded in the state of Prelacy within the Realm of England We dare not by endeavouring the extirpation of Prelacy strike at the very foundation and thereby as much as in us lyeth cooperate towards the ruine of this famous Church which in all conscience and duty we are bound with our utmost lawfull power to uphold Lastly in respect of our Obligations to His Majesty by our Duty and oathes we are not satisfied how we can swear

defenditur Iure mente ROM. 14. 22. Happy is he that condemneth not himselfe in that which he alloweth THE END ERRATA Page 23. marg. read Haeretici pag. 24. l. 12. read Ecclesiasticall p. 24. l. 27. r. declared against Episcopacie p. 26. l. ult. marg. r. Hen. 3. p. 28. 1. 24. r. be inevitably a Such an Oath as for Matter Persons and other Circumstances the like hath not been in any Age or Oath we read of in sacred or humane stories M. Nye Covenant with Narrative pag. 12. a Pactum est duorum pluriúmve in idem placitū consensus L. 1. ff. de Pactis b Whereas many of them have had an oath administred unto them not warrantable by the Lawes and Statutes of this Realme They doe humbly pray that no man hereafter be compelled to take such an oath All which they most humbly pray as their rights and liberties according to the Lawes and Statutes of this Realme Petit. of Right 3. c It is declared 16 Ian. 1642. That the King cannot compell men to be sworne without an act of Parliament Exact Collect. pag. 859 860. d Proclam of 9. Octob. 19. Car. a viz. In accounting Bishops Antichristian and indifferent Ceremonies unlawfull b viz. In making their discipline and government a mark of the true Church and the setting up thereof the erecting of the throne of Christ c Let us not be blamed if we call it Parliament Religion Parliament Gospel Parliament Faith Harding confut of Apology part 6. Chap. 2. d Stat. 13. Eliz. 12. e Such jurisdictions privileges superiorities and preheminences spirituall and ecclesiasticall as by any c. for the Visitation of the Ecclesiasticall State and Persons and for reformation order and correction of the same and of all manner errors heresies schismes abuses offences contempts and enormities shall for ever by authority of this present Parliament be united and annexed to the Imperiall Crown of this Realme An Act restoring to the Crowne the antient Jurisdiction c. 1 Elizab. I. a Art 36. b give advantage to this Malignant party to traduce our Proceedings They infuse into the people that we mean to abolish all Church-Government Remonst 15. Dec. 1641. Exact Collect. pag. 19. The Lords and Commons doe declare That they intend a due and necessary Reformation of the Government and Liturgie of the Church and to take away nothing in the one or in the other but what shall be evill and justly offensive or at least unnecessary and burthensome Declar. 9. Apr. 1642. Exact Coll. p. 135. c Statut. of Carlile 25. E. 1. recited 25. E. 3. d They infuse into the people that we mean to leave every man to his own fancie absolving him of that Obedience which he owes under God unto His Majesty whom we know to be entrusted with the Ecclesiasticall Law as well as with the Temporall Exact Collect. ubi sup p. 19. e That he will grant keep and confirm the Laws Customes and Franchises granted to the Clergie by the glorious King S. Edward And that he will grant and preserve unto the Bishops and to the Churches committed to their charge all Canonicall Privileges and due Law and Iustice and that he will protect and defend them as every good King in his Kingdome ought to be Protector and Defender of the Bishops and the Churches under their Government Vide Exact Coll. p. 290 291. f See Stat. 25. H. 8. 20. 1. E. 6. 2 g See Stat. 39. Eliz. 8. h Stat. 14. E. 3. 4. 5. 17. E. 3. 14 i Stat. 26. H. 8. 3. 1. Eliz. 4. k Supremam potestatem merū imperium apud nos habet Rex Cambd. Whereas by sundry divers old authentique Histories Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supream Head and King having the dignity and royall estate of the Imperiall Crown of the same Stat. 24. H. 8. 12. See also 1 Elizab. 3. a The Lords Commons doe declare That they intend a due and necessary Reformation of the Liturgie of the Church and to take away nothing therein but what shall be evill and justly offensive or at least unnecessary and burthensome Declarat 9. Apr. 1642. Exact Coll. pag. 135. c From whence it is most evident that the Rights and Privileges of the Parliaments and Liberties of the Kingdom are in the first place to be preserved Answ. to Scotish Papers 18. Nov. 1646. page 21. d We observe you mention the defence of the King twice from the Covenant yet in both places leave out In the preservation and c. pag. 39. 46. a maine clause without which the other part ought never to be mentioned pag. 56. a Haeretici nec Deo nec hominibus servant fidem Speciatim hec addo Calvinistas in hac re deteriores esse quàm Lutheranos Nam Calvinistae nullam servant fi●em Iura perjura Lutherani moderatiores sunt Becan 5. Manual Controv. 14. 2. 4. c. b Invent Oathes and Covenants for the Kingdome dispence with them when he pleaseth sweare and forsweare as the wind turneth like a godly Presbyter Arraig of Perfec in Epist. Ded. c By the Covenant both Houses of Parliament many thousands of other His Majesties Subjects of England and Ireland stand bound as well as we to hinder the setting up of the Church-Government by Bishops in the Kingdome of Scotland And that we as well as they stand bound to endeavour the extirpation thereof in England and Ireland Scots Declar. to the States of the United Provinces 5. Aug. 1645. recited in Answer to the Scots Papers pag. 23. d The old formes of Acts of Parliam were The King willeth provideth ordaineth establisheth granteth c. by the assent of Parliament c. See Statutes till 1 H. 4. After that The King of the assent of the Lords Spirituall and Temporall and at the speciall instance and request of the Commons of this Realm hath ordained c. See Statutes 1 H. 4. till 1 H. 7. A forme of such Petition of the Commons see 1 R. 3. 6. Prayen the Commons in this present Parliament assembled that where c. Please it therefore your Highnesse by the advice and assent of the Lords Spirituall and Temporall in this your present Parliament assembled and by the authori●y of the same to ordaince c. No Bill is an Act of Parliament Ordinance or Edict of Law although both the Houses agree unanimously in it till it hath the Royall Assent Ancient Customes pag. 54. Assemblee de ceux troys Estats est appellee un Act de Parliament car sans touts troys nest ascun Act de Parl. Finch Nomotech fol. 21. We admit that no Acts of Parliament are complete or formally binding without the Kings assent H. P. Answer to David Ienkins pag. 6. e Which if your Majesty shall be pleased to adorne with your Majesties Royall assent without which it can neither be complete and perfect nor Stat. 1. Jac. 1. f Stat. 33. H. 1. 21. g Dominus Rex habet ordinariam jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Ea quae jurisdictionis sunt pacis ad nullum pertinent nisi and coronam dignitatem Regiam nec à coronâ separari possunt Bracton cited by Stamford lib. 2. cap. 2. h For in our Lawes the Clergie Nobility Communalty are the 3. Estates We your said most loving faithfull and obedient Subjects viz. the Lords Spirituall and Temporall and the Commons representing your Three Estates of your Realme of England 1 Eliz. 3. the State of the Clergie being one of the greatest States of this Realme 8 Eliz. 1. i See Fin●h supra ad lit. d k The Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately to God in all things touching the Regality of the said Crowne 16 R. 2. 5. Omnis sub eo est ipse sub nullo nisi tantùm sub Deo Parem autem non habet Rex in regno suo quia Item nec multò fortiùs superiorem aut potentiorem habere debet quia sic esset inferior suis subjectis Bracton conten 1. Rubr. 36. Cui {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} legibus ipsis legum vim imponendi potestatem Deus dedit Finch Nomotech in Epist. Dedic. to K. Iames l Fons Iustitiae Bracton By War to intend the alteration of the Lawes in any part of them is to levy War against the King and consequently Treason by the Statute of 25 E. 3. because they are the Kings Lawes He is the fountaine from whence in their severall channels they are derived to the Subject Master Saint John's Speech concerning the Earle of Strafford page 12. m Et ibidem vobiscum colloquium habere tractare super dictis negotiis tract vestrumque consilium impensur Writ to the Lords a Every Subject by the duty of his Allegiance is bounden to serve and assist his Prince and Soveraigne Lord at all seasons when need shall require 11 H. 7. 18. Stat. 1. El. 1. 1 Cor. 5. 1. c. 1 Cor. 11. 28. c. * Stat. 23. Eliz. 1. 29. Eliz. 6. 35 El. 1. 2. 3 Iac. 4. 5.