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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

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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 conc●rning 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 abrogate such Act or Acts For since Ejusdem est potestati● 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 ●y the Pu●lique 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 Su●jects 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 wish 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 Word of God B●● 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 Chappels 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 justifi● 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 continuing 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