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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

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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
should be printed and published in all the Parish-Churches and Chappells of the Kindome there to stand and remaine as a testimony of the clearnesse of their intentions whether the subjecting of our selves and brethren by Oath unto such punishments as shall be inflicted upon us without Law or Merit at the sole pleasure of such uncertaine Judges as shall be upon any particular occasion deputed for that effect of what mean quality or abilities soever they be even to the taking away of our lives if they shall think it convenient so to doe though the degree of our offences shall not require or deserve the same be not the betraying of our Liberty in the lowest and the setting up of an Arbitrary Power in the highest degree that can be imagined The substance of the fift Article being the settling and continuance of a firm peace and union between the three Kingdomes since it is our bounden duty to desire and according to our severall places and interests by all lawfull meanes to endeavour the same we should make no scruple at all to enter into a Covenant to that purpose were it not 1. That we doe not see nor therefore can acknowledge the happinesse of such a blessed Peace between the three Kingdomes for we hope Ireland is not forgotten as in the Article is mentioned So long as Ireland is at War within it self and both the other Kingdomes engaged in that War 2. That since no peace can be firme and well-grounded that is not bottom'd upon Justice the most proper and adequate act whereof is Ius suum cuique to let every one have that which of right belongeth unto him we cannot conceive how a firm and lasting Peace can be established in these Kingdomes unlesse the respective Authority Power and Liberty of King Parliament and Subject as well every one as other be preserved full and entire according to the known Lawes and continued unquestioned customes of the severall Kingdomes in former times and before the beginning of these sad distractions In the sixth Article we are altogether unsatisfied 1. The whole Article being grounded upon a supposition which hath not yet been evidenced to us viz. that this Cause meaning thereby or else we understand it not the joyning in this Covenant of mutuall defence for the prosecuon of the late War was the cause of Religion Liberty and Peace of the Kingdomes and that it so much concerned the Glory of God and the good of the Kingdomes and the Honour of the King 2. If all the Premisses were so cleare that we durst yeeld our free assent thereunto yet were they not sufficient to warrant to our consciences what in this Article is required to be sworn of us unlesse we were as clearly satisfied concerning the lawfulnesse of the means to be used for the supporting of such a Cause For since evill may not be done that good may come thereof we cannot yet be perswaded that the Cause of Religion Liberty and Peace may be supported or the Glory of God the Good of the Kingdomes and the Honour of the King sought to be advanced by such means as to our best understandings are both improper for those Ends and destitute of all warrant from the Lawes either of God or of this Realm Lastly in the conclusion our hearts tremble to think that we should be required to pray that other Christian Churches might be encouraged by our example to joyn in the like Association and Covenant to free themselves from the Antichristian yoke c. Wherein 1. To omit that we doe not know any Antichristian yoke under which we were held in these Kingdomes and from which we owe to this either War or Covenant our freedome unlesse by the Antichristian yoke be meant Episcopall Government which we hope no man that pretendeth to Truth and Charity will affirm 2. We doe not yet see in the fruits of this Association or Covenant among our selves any thing so lovely as to invite us to desire much lesse to pray that other Christian Churches should follow our example herein 3. To pray to the purpose in the conclusion of the Covenant expressed seemeth to us all one in effect as to beseech Almighty God the God of Love and Peace 1. To take all Love and Peace out of the hearts of Christians and to set the whole Christian world in a combustion 2. To render the Reformed Religion and all Protestants odious to all the world 3. To provoke the Princes of Europe to use more severity towards those of the Reformed Religion if not for their own security to root them quite out of their severall Dominions 4. The tyrannie and yoke of Antichrist if laid upon the necks of Subjects by their lawfull Soveraigns is to be thrown off by Christian boldnes in confessing the Truth and Patient suffering for it not by taking up Arms or violent resistance of the Higher Powers §. VI Some Considerations concerning the meaning of the Covenant OUr aforesaid scruples are much strengthned by these ensuing Considerations First that whereas no Oath which is contradictory to it selfe can be taken without Perjury because the one part of every contradiction must needs be false this Covenant either indeed containeth or at leastwise which to the point of conscience is not much lesse effectuall seemeth to us to contain sundry Contradictions as namely amongst others these 1. To preserve as it is without change and yet to reforme and alter and not to preserve one and the same Reformed Religion 2. Absolutely and without exception to preserve and yet upon supposition to extirpate the self-same thing viz. the present Religion of the Church of Scotland 3. To reform Church-Government established in England and Ireland according to the Word of God and yet to extirpate that Government which we are perswaded to be according thereunto for the introducing of another whereof we are not so perswaded 4. To endeavour really the extirpation of Heresies Schismes and Profanenesse and yet withall to extirpate that Government in the Church the want of the due exercise whereof we conceive to have been one chief cause of the growth of the said evils and doe beleeve the restoring and continuance thereof would be the most proper and effectuall remedy 5. To preserve with our estates and lives the liberties of the Kingdome that is as in the Protestation is explained of the Subject and yet contrary to these liberties to submit to the imposition of this Covenant and of the Negative Oath not yet established by Law and to put our lives and estates under the arbitrary power of such as may take away both from us when they please not onely without but even against Law if they shall judge it convenient so to doe Secondly we find in the Covenant sundry expressions of dark or doubtfull construction Whereunto we cannot sweare in judgement till their sense be cleared and agreed upon As Who are the Common Enemies and which be the best Reformed Churches mentioned in the first