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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94141	Reasons of the present judgement of the Vniversity of Oxford, concerning [brace] 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.	University of Oxford. Convocation.; Zouch, Richard, 1590-1661.; Langbaine, Gerard, 1609-1658.; Sanderson, Robert, 1587-1663.	1647 (1647)	Wing S623; Thomason E391_15; ESTC R18621	29,824	43

much worse and in 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 favouring 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 Benefi●e 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 ●ame 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 d●fend all Jurisdictions Privileges Preheminences and Authorities granted or belonging to the Kings Highnesse His Heires and Successors or united and annexed to the Imperia●● Crow●● of this Realm● One of the which Privileges and Preheminences by an expresse Statute so annexed and that even in termi●● 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 tumuk 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 necesssity 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

potentissimis rebus defenditur Jure 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. l. 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 pluri●mv● 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 Jan. 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. 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. 1. 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 Justice 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 w●rld 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 Haeretia nec Deo nec hominibus ser●●●t fidem Speciatim h●● addo Calvinistas in hac re deteriores esse qu●m Lutheranos Nam Calvinistae nullam servant fidem Jura perjura Lutherani moderatiores sunt Becan 5. Manual Controv. 14. n. 4. 6. 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 Persec 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 authority of the same to ordaine 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 Jenkins 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 ad coronam dignitatem Regians 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 Finch 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. James l Fon● Justitiae 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 Sov●raigne 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. 1 Eliz. * Stat. 23. Eliz. 1. 29 Eliz. 6. 35 El. 1. 2. 3 Jac. 4. 5.