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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

we can swear to endeavour the extirpation of the Church-Government by Law established without forfeiture of those Obligations 1. Having in the Oath of Supremacie acknowledged the King to be the onely Supreme Governour in all Ecclesiasticall Causes and over all Ecclesiasticall Persons and having bound our selves both in that Oath and by our Protestation To maintain the Kings Honour Estate Jurisdictions and all manner of Rights it is cleare to our understandings that we cannot without disloyalty and injury to Him and double Perjury to our selves take upon us without his consent to make any alteration in the Ecclesiasticall Lawes or Government much lesse to endeavour the extirpation thereof Unlesse the imposers of this Covenant had a power and meaning which they have openly d disclaimed to absolve us of that Obedience which under God we owe unto His Majesty whom they know to be intrusted with the Ecclesiasticall Law 2. We cannot sincerely and really endeavour the extirpation of this Government without a sincere desire and reall endeavour that His Majesty would grant His Royall Assent to such extirpation Which we are so far from desiring and endeavouring that we hold it our bounden duty by our daily prayers to beg at the hands of Almighty God that he would not for our sins suffer the King to doe an act so prejudiciall to his honour and conscience as to consent to the rooting out of that estate which by so many branches of his e Coronation Oath he hath in such a solemne manner sworn by the assistance of God to his power to maintain and preserve 3. By the Lawes of this Land f the Collation of Bishopricks and g Deanries the h fruits and profits of their Lands and Revenues during their vacancies the i first fruits and yearly tenths out of all Ecclesiasticall Promotions and sundry other Privileges Profits and Emoluments arising out of the State Ecclesiasticall are established in the Crown and are a considerable part of the Revenues thereof which by the extirpation of Prelacy as it is in the Article expounded or by subsequent practice evidenced will be severed and cut off from the Crown to the great prejudice and damage thereof Whereunto as we ought not in common reason and in order to our Allegiance as Subjects yeeld our consent so having sworn expresly to maintain the Kings honour and estate and to our power to assist and defend all Jurisdictions c. belonging to His Highnesse or united and annexed to the Imperiall Crown of the Realm we cannot without manifest Perjury as we conceive consent thereunto 4. The Government of this Realm being confessedly an Empire or k Monarchy and that of a most excellent temper and constitution we understand not how it can become us to desire or endeavour the extirpation of that Government in the Church which we conceive to be incomparably of all other the most agreeable and no way prejudiciall to the state of so well a constituted Monarchy In so much as King JAMES would often say what his long experience had taught him No Bishop no King Which Aphorisme though we find in sundry Pamphlets of late yeares to have been exploded with much confidence and scorn yet we must professe to have met with very little in the proceedings of the late times to weaken our belief of it And we hope we shall be the lesse blamed for our unwillingnesse to have any actuall concurrence in the extirpating of Episcopall Government seeing of such extirpation there is no other use imaginable but either the alienation of their Revenues and Inheritances which how it can be severed from Sacrilege and Injustice we leave others to find out or to make way for the introducing of some other form of Church-Government which whatsoever it shall be will as we think prove either destructive of and inconsistent with Monarchicall Government or at least-wise more prejudiciall to the peaceable orderly and effectuall exercise thereof then a well-regulated Episcopacy can possibly be §. V. Of the other parts of the Covenant HAving insisted the more upon the two first Articles that concern Religion and the Church and wherein our selves have a more proper concernment We shall need to insist the lesse upon those that follow contenting our selves with a few the most obvious of those many great and as we conceive just exceptions that lye there against In the third Article we are not satisfied that our endeavour to preserve and defend the Kings Majesties Person and Authority is so limited as there it is by that addition In the Preservation and defence of the true Religion and Libertyes of the Kingdome Forasmuch as 1. No such limitation of our duty in that behalf is to be found either in the Oathes of Supremacy and Alleagiance which no Papist would refuse to take with such a limitation nor in the Protestation nor in the Word of God 2. Our endeavour to preserve the Rights and Privileges of Parliaments and the Libertyes of the Kingdomes is required to be sworn of us in the same Article without the like or any other limitation added thereunto 3. Such limitation leaveth the duty of the Subject at so much loosenesse and the safety of the King at so great uncertainty that whensoever the People shall have a mind to withdraw their obedience they cannot want a pretence from the same for so doing 4. After we should by the very last thing we did viz. swea●ing with such a limitation have made our selves guilty of an actuall and reall dimi●●tion as we conceive of His Majesties just power and greatnesse the obtestation would seem very unseasonable at the least with the same breath to call the world to bear witnesse with our Consciences that we had no thoughts or intentions to diminish the same 5. The swearing with such a limitation is a Testimony of the Subjects Loyaltie to our seeming of a very strange nature which the Principles of their severall Religions salved the Conscience of a most resolute Papist or Sectary may securely swallow and the Conscience of a good Protestant cannot but str●in at In the fourth Article 1. We desire it may be considered whether the imposing of the Covenant in this Article do not lay a necessity upon the Son of accusing his own Father and pursuing him to destruction in case he should be an Incendiary Malignant or other evill Instrument such as in the Article is described A course which we conceive to be contrary to Religion Nature and Humanity 2. Whether the swearing according to this Article doth not rather open a ready way to Children that are sick of the Father Husbands that are weary of their Wives c. by appealing such as stand between them and their desires of Malignancy the better to effectuate their unlawfull intentions and designes 3. Our selves having solemnly protested to maintain the Liberty of the Subject and the House of Commons having publiquely declared against the exercise of an Arbitrary Power with Order that

in the first Article Who in the fourth Article are to be accounted Malignants How far that phrase of hindring Reformation may be extended What is meant by the supreme Judicatory of both Kingdomes and sundry other Thirdly by the use that hath been made of this Covenant sometimes to purposes of dangerous consequence we are brought into some fears and jealousies lest by taking the same we should cast our selves into more snares then we are yet aware of For in the first Article 1. Whereas we are to endeavour the Reformation of Religion in this Kingdome in Doctrine Worship Discipline and Government according to the Word of God and the example of the best Reformed Churches 1. The Reformation in Worship whereby we could not suppose any more was intended according to their former a Declaration then a review of the Service-book that the translations might be in some places amended some alterations made in the Offices and Rubricks or at most some of the Ceremonies laid aside for the reasons of expediency and condescension hath produced an utter abolition of the whole form established without substituting any other certain form in the room thereof 2. The Reformation in point of Discipline and Government intended so far as by the overtures hitherto made we are able to judge is such as we conceive not to be according to the Word of God nor for any thing we know according to the example of any Church that ever was in the world best or worst since the Creation 2. In the second Article our griefe and fears had been lesse if we could have observed the extirpation of Popery Heresie Schisme and Profanenesse to have been as really intended and set on with as much speed and animosity as the extirpation of Prelacy and that which some call Superstition But when we see under the notions of rooting out Prelacy and Superstition so much quicknesse used to fetch in the Revenues of the Church and the sacred Utensils no otherwise guilty of Superstition for ought we know then that they are worth something and on the other side so little yet done toward the extirpation of Heresie Schisme and Profanenesse as things of lesse temporall advantage We cannot dissemble our suspicion that the designers of this Covenant might have something else before their eyes besides what in the begining of the Introduction is expressed and that there is something meant in this Article that looketh so like Sacrilege that we are afraid to venture thereon 3. In the third Article 1. Although we should not otherwise have apprehended any matter of danger or moment in the ordering of the particulars in the Article mentioned yet since M. Challoner in his Speech and others have made advantage thereof to infer from that very order that the defence of the Kings Person and Authority ought to be with subordination to the preservation of the Rights and Privileges of Parliaments and the Liberties of the Kingdome which are in the first place and before it to be endeavoured We hope we shall be excused if we dare not take the Covenant in this sense especially considering that if the Argument be of any force it will bind us at least as strongly to endeavour the maintenance of the Kings Person Honour and Estate in the first place and the rest but subordinately thereunto because they are so ordered in the Protestation And then that Protestation having the advantage of preceding it will bind us more strongly as being the first obligation 2. Whereas some have been the rather induced to take the Covenant in this particular by being told that that limitation in the preservation and defence of the true Religion and Liberties of the Kingdomes was not to be understood exclusively yet when we finde that the House of Commons in their answer to the Scottish Papers doe d often presse that limitation as without which the endeavouring to preserve the Kings Majesties Person and Authority ought not to be mentioned it cannot but deter us from taking the Covenant in this particular so understood 3. Especially being told in a late pamphlet that the King not having preserved the Liberties of the Kingdome c. as of duty he ought is thereby become a Tyrant and so ceaseth to be a King and consequently that his subjects cease to be Subjects and owe him no longer subjection Which assertion since we heartily detest as false and scandalous in the supposition and in the inference seditious and divelish we dare not by subscribing this Article seeme to give the least countenance thereunto 4. But it striketh us with horror to think what use hath been made of this fourth Article concerning the punishment of Malignants c. as by others otherwayes so especially by the Corrector of a speech without dores written in the defence of M. Challoners Speech Who is so bold as to tell the Parliament that they are bound by their Covenant for the bringing of evill instruments to condigne punishment to destroy the King and his Posterity and that they cannot justifie the taking away of Straffords and Canterburies lives for Delinquency whilst they suffer the cheif Delinquent to goe unpunished §. VII Of the Salvo's THe Salvo's that we have usually met withall for the avoyding of the aforesaid scruples either concerning the whole Covenant or some particulars therein of speciall importance We find upon examination to be no way satisfactory to our Consciences The first is that we may take the Covenant in our own sense but this in a matter of this nature viz. an imposed promisory Oath in the performance whereof others also are presumed to be concerned seemeth to be 1. Contrary to the Nature and end of an Oath which unlesse it be full of simplicity cannot be Sworn in Truth and Righteousnesse nor serve to the ending of controversies and contradictions which was the use for which it was instituted Heb. 6. 2. Contrary to the end of Speech God having given us the use of Speech for this end that it might be the interpreter of the minde it behoveth us as in all other our dealings and contracts so especially where there is the intervention of an Oath so to speak as that they whom it concerneth may clearly understand our meaning by our words 3. Contrary to the end of the Covenant it self Which being the confirmation of a firm union among the Covenanters that by taking thereof they might have mutuall assurance of mutuall assistance defence If one may be allowed to take it in one sense another in a contrary the Covenanters shall have no more assurance of mutuall assistance each from other after the taking of the Covenant then they had before 4. Contrary to the Solemne profession made by each Covevanter in expresse termes in the conclusion thereof in the presence of Almighty God the searcher of all hearts that he taketh it with a true intention to perform the same as he shall answer it at the great day 2 This will bring

a scandall upon our Religion 1. That we practice that our selves which we condemne in the Papist viz. Swearing with Jesuiticall equivocations and mentall reservations 2. That we take the glorious and dreadfull Name of God in vaine and play fast and loose with Oathes in as much as what we swear to day in one sense we may swear the direct contrary to morrow in another And 3. It will give strength to that charge which is layd to the Presbyterian party in speciall both a by Jesuites and b Sectaries that there is no faith to be given to Protestants whatever they swear because they may swear one thing in their Words and in their own sense mean another The second way is to take the Covenant with these or the like generall Salvo's express●d viz. So far as lawfully I may So far as it is agreeable to the Word of God and the Lawes of the Land Saving all Oathes by me formerly taken c. But 1. We beleeve this mocking of God would be so far from freeing us from the guilt of Perjury that thereby we should rather contract a new guilt of most vile and abominable Hypocrisie 2 It seemeth all one unto us the thing being otherwise supposed unlawfull as if we should swear to kill steal commit adultery or forswear our selves so far as lawfully we may 3. If this would satisfie the Conscience we might with a good Conscience not only take the present Covenant but even subscribe to the Councell of Trent also yea and to the Turkish Alcoran and swear to maintain and defend either of them viz. so far as lawfully we may or as they are agreable to the Word of God Thirdly for the second Article in particular in the branch concerning the extirpation of Church-Government we are told that it is to be understood of the whole Government taken collectively and in sensu composito so as if we doe endeavour but the taking away of Apparitors only or of any other one kind of inferiour officers belonging to the Ecclesiastcall Hierarchy we shall have sufficiently discharged our whole promise in that particular without any prejudice done to Episcopacy But 1. Neither the composers of the Covenant by their words nor the imposers of it by their Actions have given us the least signification that they meant no more 2. Yea rather if we may judge either by the cause or the effects we may well think there was a meaning to extirpate the whole government and every part thereof in the Article expressed For 1. The Covenant being as we have no cause to doubt framed at the instance of the Scots and for the easier procuring of their assistance in the late War was therefore in all reason so to be framed and understood as to give them satisfaction considering what themselves have c declared against Episcopacy we have little reason to beleeve the taking away Apparitors or any thing lesse then the rooting out of Episcopacy it self would have satisfied them 2. The proceedings also since the entring of this Covenant in endeavouring by Ordinance of Parliament to take away the Name Power and Revenues of Bishops doe sadly give us to understand what was their meaning therein Fourthly as to the scruples that arise from the Soveraignty of the King and the duty of Allegiance as Subjects we find two severall wayes of answering but little satisfaction in either 1. The former by saying which seemeth to us a piece of unreasonable and strange Divinity that Protection and Subjection standing in relation either to other the King being now disabled to give us protection we are thereby freed from our bond of subjection Whereas 1. The Subjects obligation Jus subjectionis doth not spring from nor relate unto the actuall exercise of Kingly protection but from and unto the Princes obligation to protect Jus Protectionis Which obligation lying upon him as a duty which he is bound in conscience to performe when it is in his power so to doe the relative obligation thereunto lyeth upon us as a duty which we are bound in conscience to performe when it is in our power so to doe His inability therefore to performe his duty doth not discharge us from the necessity of performing ours so long as we are able to doe it 2. If the King should not protect us but neglect his part though having power and ability to perform it his voluntary neglect ought not to free us from the faithfull performance of what is to be done on our part How much lesse then ought we to think our selves dis-obliged from our subjection when the Non-protection on his part is not from the want of will but of power 2. The later wherein yet some have triumphed by saying that the Parliament being the supreme Judicatory of the Kingdome the King wheresoever in person is ever present there in his power as in all other Courts of Justice and that therefore whatsoever is done by them is not done without the King but by him But craving pardon first if in things without our proper sphere we hap to speak unproperly or amisse We must next crave leave to be still of the same mind we were till it shall be made evident to our understandings that the King is there in his power as it is evident to our senses that he is not there in his Person Which so far as our naturall reason and small experience will serve us to judge all that hath been said to that purpose can never doe For first to the point of presence 1. We have been brought up in a beliefe that for the making of Lawes the actuall d Royall assent was simply necessary and not onely a virtuall assent supposed to be included in the Votes of the two Houses otherwise what use can be made of his Negative voice or what need to e desire his Royall assent to that which may be done as well without it 2. The f Statute providing that the Kings assent to any Bill signified under his great Seal shall be to all intents of Law as valid effectual as if he were personally present doth clearly import that as to the effect of making a Law the Kings Power is not otherwise really present with the two Houses then it appeareth either in his Person or under his Seal Any other real presence is to us a riddle not much unlike to that of Transubstantiation an imaginary thing rather devised to serve turnes then believed by those that are content to make use of it 3. Such presence of the King there when it shall be made appeare to us either from the writs whereby the Members of both Houses are called together or by the standing Lawes of the Land or by the acknowledged judgement and continued practice of former and later ages or by any expresse from the King himself clearly declaring his minde to that purpose we shall then as becometh us acknowledge the same and willingly submit thereunto And as for

example of a reall Reformation that the Lord may turn away his wrath and heavy indignation and establish these Churches and Kingdoms in truth and peace And this Covenant we make in the presence of Almighty God the searcher of all hearts with a true intention to perform the same as we shall answer at that great day when the secrets of all hearts shall be disclosed Most humbly beseeching the Lord to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with such successe as may be deliverance and safety to his people and encouragement to other Christian Churches groaning under or in danger of the yoke of Antichristian tyrannie to joyn in the same or like Association and Covenant to the glory of God the enlargement of the Kingdome of Jesus Christ and the peace and tranquility of Christian Kingdoms and Common-wealths The Negative Oath I A. B. Doe sweare from my heart that J will not directly nor indirectly adhere unto or willingly assist the King in this War or in this Cause against the Parliament nor any Forces raised without the consent of the two Houses of Parliament in this Cause or Warre And J doe likewise sweare that my comming and submitting my selfe under the Power and Protection of the Parliament is without any manner of Designe whatsoever to the prejudice of the proceedings of this present Parliament and without the direction privity or advice of the King or any of his Councell or Officers other then what J have now made knowne So helpe me God and the contents of this Booke Reasons why the Vniversity of Oxford cannot submit to the Covenant the Negative Oath the Ordinance concerning Discipline and Directory mentioned in the late Ordinance of Parliament for the Visitation of that place WHereas by an Ordinance of the Lords and Commons assembled in Parliament for the Visitation and Reformation of the University of Oxford lately published power is given to certain persons therein named as Visitors to enquire concerning those of the said University that neglect to take the Solemne League and Covenant and the Negative Oath being tendred unto them and likewise concerning those that oppose the execution of the Ordinances of Parliament concerning the Discipline and Directory or shall not promote or cause the same to be put in execution according to their severall places and callings We the Masters Scholars and other Officers and Members of the said University not to judge the Consciences of others but to cleare our selves before God and the world from all suspicion of Obstinacie whilst we discharge our own present to consideration the true reasons of our present judgment concerning the said Covenant Oath and Ordinances Expecting so much Justice and hoping for so much Charity as either not to be pressed to conforme to what is required in any the premisses further then our present judgements will warrant us or not condemned for the refusing so to doe without cleare and reall satisfaction given to our just scruples §. I. Of the Pr●fac● to the Coven●●t THe Exceptions against the Introductory Preface to the Covenant although we insist not much upon because it may be said to be no part of the Covenant yet among the things therein contained the acknowledgment whereof is implicitely required of every Covenanter 1. We are not able to say that the rage power and presumption of the enemies of God in the sense there intended is at this time increased 2. Nor can truly affirme that we had used or given consent to any Supplication or Remonstrance to the purposes therein expressed 3. Nor doe conceive the entring into such a mutuall League and Covenant to be a lawfull proper and probable meanes to preserve our selves and our Religion from ruine and destruction 4. Nor can believe the same to be according to the commendable practice of these Kingdomes or the example of Gods people in other Nations When we find not the least foot-step in our Histories of a sworne Covenant ever entred into by the people of this Kingdome upon any occasion whatsoever nor can readily remember any commendable example of the like done in any other Nation but are rather told by the defenders of this Covenant that a the world never saw the like before §. II. Of the Covenant in grosse FIrst we are not satisfied how we can submit to the taking thereof as it is now imposed under a penalty 1. Such imposition to our seeming being repugnant to the nature of a Covenant which being a Contract implyeth a a voluntary mutuall consent of the Contractors whereunto men are to be induced by perswasions not compelled by power In so much that the very words of this Covenant in the Preface conclusion and whole frame thereof runne in such a forme throughout as import a consent rather grounded upon prudentiall motives then extorted by Rigour 2. Without betraying the Liberty which by our protestation we are bound and in the third Article of this Covenant must sweare with our lives and fortunes to preserve To which Liberty the imposition of a new Oath other then is established by Act of Parliament is expressed in the b Petition of Right and by the Lords and Commons in their c Declarations acknowledged to be contrary 3. Without acknowledging in the Imposers a greater Power then for ought that appeareth to us hath been in former time challenged Or can consist with our former Protestation if we rightly understand it in sundry the most materiall branches thereof Neither secondly are we satisfied although the Covenant should not be imposed upon us at all but only recommended to us and then left to our choice 1. How we should in wisedome and duty being Subjects of our own accord and free will enter into a Covenant wherein He whose Subjects we are is in any wise concerned without his consent either expressed or reasonably presumed It being in his power as we conceive by the equity of the Law Numb. 30. to annull and make void the same at his pleasure 2. How we can now that His Majesty hath by His publique d Interdict sufficiently made known His pleasure in that behalfe enter into a Covenant the taking whereof he hath expresly forbidden without forfeiting that Obedience which as we are perswaded by our naturall Allegiance and former Oathes we owe unto all such His Majesties Commands as are not in our apprehensions repugnant to the will of God or the positive Laws of this Kingdome III. Of the first Article of the Covenant WHerein first we are not satisfied how we can with judgement sweare to endeavour to preserve the Religion of another Kingdome 1. Whereof as it doth not concerne us to have very much so we professe to have very little understanding 2. Which so far as the occurrents of these unhappy times have brought it to our knowledge and we are able to judge is in three of the foure specified particulars viz. Worship Discipline and Government