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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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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. Iun. 1647. AND Presented to Consideration Printed in the Yeare 1647. A Solemn League and Covenant for Reformation and defence of Religion the honour and happinesse of the King and the Peace and Safety of the three Kingdomes England Scotland and Ireland WE Noblemen Barons Knights Gentlemen Citizens Burgesses Ministers of the Gospell and Commons of all sorts in the Kingdoms of England Scotland and Ireland by the Providence of God living under one King and being of one Reformed Religion having before our eyes the glory of God and the advancement of the Kingdome of our Lord and Saviour Iesus Christ the honour and happinesse of the Kings Majestie and His Posterity and the true publick Lybertie Safetie and Peace of the Kingdoms wherein every ones private condition is included and calling to mind the treacherous and bloudy plots Conspiracies Attempts and practices of the Enemies of God against the true Religion and Professors thereof in all places especially in these three Kingdomes ever since the Reformation of Religion and how much their rage power and presumption are of late and at this time increased and exercised whereof the deplorable estate of the Church and Kingdom of Ireland the distressed estate of the Church and Kingdome of England and the dangerous estate of the Church and Kingdome of Scotland are present and publick Testimonies We have now at last after other meanes of supplication Remonstrance Protestations and Sufferings for the preservation of our selves and our Religion from utter ruine and destruction according to the commendable practice of these Kingdomes in former times and the Example of Gods People in other Nations after mature deliberation resolved and determined to enter into a mutuall and solemne League and Covenant wherein we all subscribe and each one of us for himselfe with our hands lifted up to the most High God do swear I. THat we shall sincerely really and constantly through the Grace of God endeavour in our severall places and callings the preservation of the Reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government against our common Enemies The Reformation of Religion in the Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and the example of the best reformed Churches And shall endeavour to bring the Churches of God in the three Kingdomes to the nearest conjunction and uniformity in Religion Confession of Faith Form of Church Government Directory for Worship and Catechizing That we and our posterity after us may as Brethren live in Faith and Love and the Lord may delight to dwell in the midst of us II. That we shall in like manner without respect of persons endeavour the extirpation of Popery Prelacy that is Church Government by Archbishops Bishops their Chancellours and Commissaries Deans Deans and Chapters Archdeacons and all other Ecclesiasticall Officers depending on that Hierarchy Superstition Heresie Schisme Profanenesse and whatsoever shall be found to be contrary to sound Doctrine and the power of Godlinesse lest we partake in other mens sinnes and thereby be in danger to receive of their plagues and that the Lord may be one and his Name one in the three Kingdomes III. We shall with the same sincerity reallity and constancy in our severall Vocations endeavour with our estates and lives mutually to preserve the Rights and Privileges of the Parliaments and the Liberties of the Kingdomes and to preserve and defend the Kings Majesties person and authority in the preservation and defence of the true Religion and Liberties of the Kingdomes that the world may bear witnesse with our consciences of our Loyaltie and that we have no thoughts or intentions to diminish His Majesties just power and greatness IIII. We shall also with all faithfullnesse endeavour the discovery of all such as have been or shall be Incendiaries Malignants or evill Instruments by hindring the Reformation of Religion dividing the King from his people or one of the Kingdomes from another or making any faction or parties amongst the people contrary to this League and Covenant that they may be brought to publick triall and receive condigne punishment as the degree of their offences shall require or deserve or the supream Judicatories of both Kingdomes respectively or others having power from them for that effect shall judge convenient V. And whereas the happinesse of a blessed Peace between these Kingdomes denied in former times to our progenitours is by the good providence of God granted unto us and hath been lately concluded and setled by both Parliaments we shall each one of us according to our place and interest endeavour that they may remain conjoyned in a firm Peace and Union to all posterity And that Justice may be done upon the wilfull opposers thereof in manner expressed in the precedent Articles VI We shall also according to our places and callings in this common cause of Religion Liberty and Peace of the Kingdomes assist and defend all those that enter into this League and Covenant in the maintaining and pursuing thereof and shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terrour to be divided and withdrawn from this bles●ed Union and Conjunction whether to make defection to the contrary part or to give our selves to a detestable indifferencie or neutrality in this cause which so much concerneth the glory of God the good of the Kingdoms and the honour of the King but shall all the dayes of our lives zealously and constantly continue therein against all opposition promote the same according to our power against all lets and impediments whatsoever and what we are not able our selves to suppress or overcome we shall reveal make known that it may be timely prevented or removed All which we shall do as in the sight of God And because these Kingdoms are guilty of many sinnes and provocations against God and his Son Iesus Christ as is too manifest by our present distresses and dangers the fruits thereof We professe and declare before God and the world our unfained desire to be humbled for our owne sins and for the sins of these Kingdoms especially that we have not as we ought valued the inestimable benefit of the Gospel that we have not laboured for the puritie and power thereof and that we have not endeavoured to receive Christ in our hearts nor to walke worthy of him in our lives which are the causes of other sinnes and transgressions so much abounding amongst us And our true and unfained purpose desire and endeavour for our selves and all others under our power and charge both in publick and in private in all duties we owe to God and man to amend our lives and each one to goe before another in the example of a reall
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-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
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-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
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 savouring 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 Benefice 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 same 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 defend all Iurisdictions Privileges Preheminences and Authorities granted or belonging to the Kings Highnesse His Heires and Successors or united and annexed to the Imperiall Crowne of this Realme One of the which privileges and Preheminences by an expresse Statute so annexed and that even in terminis 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 tumult 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 necessity 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 Iure divino in