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kingdom_n	great_a	whole_a	year_n	2,014	5	4.3345	3	false

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

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

drawn from the Analogie of other Courts wherein the Kings Power is alwayes supposed to be virtually present under submission we conceive it is of no consequence 1. The Arguments à minore and à majore are subject to many fallacies and unlesse there be a parity of reason in every requisite respect between the things compared will not hold good A Pety Constable they say may doe something which a Justice of Peace cannot doe And the Steward of a pety Mannour hath power to adminster an Oath which as we are told the House of Commons it self hath no power to doe 2. That the high Court of Parliament is the supream Judicatory we have been told it is by vertue of the Kings right of presiding there he being g the Supream Iudge and the Members of both House his Councell Which being so the reason of difference is plaine between that and other Judicatories in sundry respects 1. The Judges in other Courts are deputed by him and doe all in his name and by his authority and therefore the presence of his power in those Courts of ministeriall Jurisdiction is sufficient his personall presence not necessary neither hath he any personall vote therein at all But in the high Court of Parliament where the King himself is the Supreme Judge judging in his own name and by his own authority his Power cannot be presumed to be really present without either the actuall presence of his person or some virtuall representation thereof signified under his great Seal 2. The Judges in inferiour Courts because they are to act all in his name and by his Authority doe therefore take Oathes of fidelity for the right exercising of Judicature in their severall places sitting there not by any proper interest of their owne but only in right of the King whose Judges they are and therefore they are called the Kings Judges and his Ministers But in the high Court of Parliament the Lords and Commons sit there in Councell with the King as Supreme Judge for the good of the whole Realm and therefore they are not called the Kings Judges but the Kings Councell and they have their severall proper rights and interests peculiar and distinct both between themselves from that of the Kings by reason whereof they become distinct h Orders or as of late times they have been stiled in this sense as we conceive i three distinct Estates Each of which being supposed to be the best Conservators of their own proper interest if the power of any one Estate should be presumed to be virtually present in the other two that Estate must needs be in inevitably liable to suffer in the proper Interests thereof Which might quickly prove destructive to the whole Kingdome The safety and prosperity of the whole consisting in the conservation of the just rights and proper interests of the maine parts viz. The King Lords and Commons inviolate and entire 3. The Judges of other Courts for as much as their power is but ministeriall and meerly Judiciall are bounded by the present Lawes and limited also by their owne Acts so as they may neither swerve from the Laws in giving Judgement nor reverse their owne Judgements after they are given But the High Court of Parliament having by reason of the Kings Supreme Power presiding therein a Power Legislative as well as Judiciall are not so limited by any earthly Power but that they may change and over-rule the Lawes and their own Acts at their pleasure The Kings Personall assent therefore is not needfull in those other Courts which are bounded by those Lawes whereunto the King hath already given his personall assent but unto any Act of Power beside beyond above or against the Lawes already established we have been informed and it seems to us very agreeable to reason that the Kings Personall Assent should be absolutely necessary Forasmuch as every such Act is the exercise of a Legislative rather then of a Judiciall power and no Act of Legislative power in any Community by consent of all Nations can be valid unlesse it be confirmed by such person or persons as the Soveraignty of that Community resideth in Which Soveraignty with us so undoubtedly resideth in the person of the King that his ordinary style runneth Our k Soveraign Lord the King And he is in the Oath of Supremacie expresly acknowledged to be the onely Supreme Governour within his Realmes And we leave it to the wisdome of others to consider what misery and mischief might come to the Kingdome if the power of any of these three Estates should be swallowed up by any one or both the other and if then under the name of a Judiciall there should be yet really exercised a Legislative power 4. Since all Judiciall Power is radically and originally in the King who is for that cause styled by the Lawes l The Fountaine of Iustice and not in any other Person or Persons but by derivation from him it seemeth to us evident that neither the Judges of inferiour Courts of ministeriall Justice nor the Lords and Commons assembled in the High Court of Parliament may of right exercise any other power over the Subjects of this Realm then such as by their respective Patents and Writs issued from the King or by the known established Laws of the Land formerly assented unto by the Kings of this Realm doth appear to have been from him derived unto them Which Lawes Patents and Writs being the exact boundary of their severall Powers it hath not yet been made appeare to our understandings either from the Lawes of the Realme or from the tenour of those Writs by which the Parliament is called that the two Houses of Parliament have any power without the King to order command or transact but with him m to treat consult and advise concerning the great affairs of the Kingdome In which respect they have sundry times in their Declarations to His Majesty called themselves by the name of His great Councell And those Lawes and Writs are as we conceive the proper Topick from which the just power of the Honourable Houses can be convincingly deduced and not such fraile Colletions as the wits of men may raise from seeming Analogies and Proportions VIII Of the Negative Oath WE are not satisfied how we can submit to the taking of the Negative Oath 1. Without forfeiture of that liberty which we have sworne and are bound to preserve With which liberty we conceive it to be inconsistent that any obligation should be laid upon the Subject by an oath not established by Act of Parliament 2 Without abjuring our a naturall Allegiance and violating the Oathes of Supremacy and Allegiance by us formerly taken By all which being bound to our power to assit the King we are by this Negative Oath required to swear from our heart not to assist him 3. Without diminution of His Majesties just Power and greatnesse contrary to the third Article of the Covenant by

acknowledging a power in the two Houses of Parliament in opposition to the Kings Power Whereas we professe our selves unable to understand how there can be any lawfull power exercised within this Realme which is not subordinate to the power of the King §. IX Of the Ordinances concerning the Discipline and Directory FIrst concerning them all together we are not satisfied how we can submit to such Ordinances of the two Houses of Parliament not having the Royall Assent 1. As are contrary to the established Lawes of this Realm contained in such Acts of Parliament as were made by the joynt consent of King Lords and Commons 2. Nor so onely but also pretend by repeal to abrogat such Act or Acts. For since Ejusdem est potestatis destruere cujus est constituere it will not sink with us that a lesser power can have a just right to cancell and annull the Act of a greater 3. Especially the whole power of ordering all matters Ecclesiasticall being by the Lawes in expresse words for ever annexed to the Imperiall Crown of this Realm And upon what head that Crown ought to stand none can be ignorant As to the particular Ordinances those that concern the Discipline first 1. If under that title be comprehended the Government also we cannot submit thereunto without consenting to the eradication of a Government of reverend Antiquity in the Church Which notwithstanding the severall changes of Religion within this Realm hath yet from time to time been continued and confirmed by the Publique Laws and Great Charters of the Kingdome then which there cannot be a more ample testimony that it was ever held agreeable to the Civill Government and the Subjects liberty Which also the successive Kings of this Realme at their severall Coronations have solemnly sworn to preserve And the continuance whereof for sundry reasons before upon the second Article of the Covenant specified we heartily with and desire 2. But if the word Discipline be taken as it is in the first Article of the Covenant as contradistinguished unto the Government there is something even in that also wherein we are not fully satisfied viz. the leaving of so much power in so many persons and those many of them of meane quality for the keeping back of thousands of well-meaning Christians from the benefit and comfort of the blessed Sacrament An Austerity for which there appeareth not to us any probable warrant from the World of God But which seemeth rather repugnant as to the generall principles of Christian prudence and charity so to the directions and practice of S. Paul in particular who in a Church abounding with sundry errors and corruptions both in faith and manners having first given order for the excommunicating of one onely person that by shamelesse continuance in a notorious sinne had brought a foule scandall upon the Gospell sufficing himself then with a generall proposall of the great danger of unworthy communicating remitteth every other particular person to a selfe-examination without any order either to Ministers or Lay-Elders to exclude any from the holy Communion upon their Examination As to the Ordinance concerning the Directory in particular we cannot without regret of Conscience during our present judgement and the continuance of the present Lawes consent to the taking away of the Book of Common-Prayer 1. Which by our Subscriptions most of us have approved with a solemne promise therewithall in the publique Service to use the forme prescribed therein and no other 2. Which according to our said Subscription and Promise and our bounden duty according to the Statute in that case provided we have hitherto used in our Churches Chapples and other Oratories to the great benefit and comfort of our soules 3. Which we verily beleeve not to contain any thing which with such favourable construction as of right ought to be allowed to all manner of Writings is not justly defensible which hath not been by learned and godly men sufficiently maintained against such exceptions as haue been heretofore taken thereat and which we are not confident by the Assistance of Almighty God we shall be able to justifie as occasion shall be offered against all Papists and other oppugners or depravers thereof whatsoever 4. Which is established by an Act of Parliament made in peaceable times by as good and full authority as any under heaven can have over us Which doth so weigh with us that as it freeth us from the necessity of giving in any particular exceptions against the Directory or any thing therein contained so it layeth an inevitable necessity upon us of contunuing the forme of Prayer therein enjoyned of not admitting any Directory or other forme to the prejudice thereof till the said Act shall by the like good and full authority be repealed In which Statute there is not onely an expresse Command given to all Ministers for the using of the same but there are also sanctions of severe punishments to be inflicted upon such of them as shall refuse so to doe or shall preach declare or speak any thing to the derogation or depraving of the Book of Common Prayer or of any thing therein contained or of any part thereof with punishments also to be inflicted upon every other person whatsoever the Lords of the Parliament not excepted that shall in like manner declare or speak against the said Book or shall by deed or threatning compell or otherwise procure or maintain any Minister to say open Prayer or to minister any Sacrament in any other manner or forme then is mentioned in the said Book or shall interrupt or hinder any Minister in the use of the said formes as by the words of the said Statute more at large may appeare Which Statute also hath had such an universall powerfull influence into the succeeding times that in all such * Statutes as have been since made against Popish Recusants the refusing to be present at Common-Prayer or to receive the Sacrament according to the formes and rites mentioned in that Book is expressed as the most proper legall character whereby to distinguish a Popish Recusant from a true Protestant In so much that use hath been made of that very Character in sundry Acts since the beginning of this present Parliament for the taxing of double payments upon Recusants THus have we clearly and freely represented our present judgement concerning the said Covenant Negative Oath and Ordinances which upon better information in any particular we shall be ready to rectifie Onely we desire it may be considered that if any one single scruple or reason in any the premisses remaine unsatisfied though we should receive full satisfaction in all the rest the Conscience would also remain still unsatisfied And in that case it can neither be reasonable for them that cannot satisfie us to presse us nor lawfull for us that cannot be satisfied to submit to the said Covenant Oath and Ordinances QUINTIL Quis damnaverit eum qui duabus potentissimis rebus