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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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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 ACADEMIA OXONIENSIS 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 Jreland 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 Jesus 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 C●urch 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 blessed Union and Conjunction whether to make defection to the contrary part or to give our selves to a detestable indifferencie or neutrality i● this caus● 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 therei● against all opposition promote th esame 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 Jesus 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
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.