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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
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 concerning 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 abrogat such Act or Acts. For since Ejusdem est potestatis 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 by the Publique 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 Subjects 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 with 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 World of God But 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 Chapples 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 justifie 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 contunuing 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 potentissimis rebus
drawn from the Analogie of other Courts wherein the Kings Power is alwayes supposed to be virtually present under submission we conceive it is of no consequence 1. The Arguments à minore and à majore are subject to many fallacies and unlesse there be a parity of reason in every requisite respect between the things compared will not hold good A Pety Constable they say may doe something which a Justice of Peace cannot doe And the Steward of a pety Mannour hath power to adminster an Oath which as we are told the House of Commons it self hath no power to doe 2. That the high Court of Parliament is the supream Judicatory we have been told it is by vertue of the Kings right of presiding there he being g the Supream Iudge and the Members of both House his Councell Which being so the reason of difference is plaine between that and other Judicatories in sundry respects 1. The Judges in other Courts are deputed by him and doe all in his name and by his authority and therefore the presence of his power in those Courts of ministeriall Jurisdiction is sufficient his personall presence not necessary neither hath he any personall vote therein at all But in the high Court of Parliament where the King himself is the Supreme Judge judging in his own name and by his own authority his Power cannot be presumed to be really present without either the actuall presence of his person or some virtuall representation thereof signified under his great Seal 2. The Judges in inferiour Courts because they are to act all in his name and by his Authority doe therefore take Oathes of fidelity for the right exercising of Judicature in their severall places sitting there not by any proper interest of their owne but only in right of the King whose Judges they are and therefore they are called the Kings Judges and his Ministers But in the high Court of Parliament the Lords and Commons sit there in Councell with the King as Supreme Judge for the good of the whole Realm and therefore they are not called the Kings Judges but the Kings Councell and they have their severall proper rights and interests peculiar and distinct both between themselves from that of the Kings by reason whereof they become distinct h Orders or as of late times they have been stiled in this sense as we conceive i three distinct Estates Each of which being supposed to be the best Conservators of their own proper interest if the power of any one Estate should be presumed to be virtually present in the other two that Estate must needs be in inevitably liable to suffer in the proper Interests thereof Which might quickly prove destructive to the whole Kingdome The safety and prosperity of the whole consisting in the conservation of the just rights and proper interests of the maine parts viz. The King Lords and Commons inviolate and entire 3. The Judges of other Courts for as much as their power is but ministeriall and meerly Judiciall are bounded by the present Lawes and limited also by their owne Acts so as they may neither swerve from the Laws in giving Judgement nor reverse their owne Judgements after they are given But the High Court of Parliament having by reason of the Kings Supreme Power presiding therein a Power Legislative as well as Judiciall are not so limited by any earthly Power but that they may change and over-rule the Lawes and their own Acts at their pleasure The Kings Personall assent therefore is not needfull in those other Courts which are bounded by those Lawes whereunto the King hath already given his personall assent but unto any Act of Power beside beyond above or against the Lawes already established we have been informed and it seems to us very agreeable to reason that the Kings Personall Assent should be absolutely necessary Forasmuch as every such Act is the exercise of a Legislative rather then of a Judiciall power and no Act of Legislative power in any Community by consent of all Nations can be valid unlesse it be confirmed by such person or persons as the Soveraignty of that Community resideth in Which Soveraignty with us so undoubtedly resideth in the person of the King that his ordinary style runneth Our k Soveraign Lord the King And he is in the Oath of Supremacie expresly acknowledged to be the onely Supreme Governour within his Realmes And we leave it to the wisdome of others to consider what misery and mischief might come to the Kingdome if the power of any of these three Estates should be swallowed up by any one or both the other and if then under the name of a Judiciall there should be yet really exercised a Legislative power 4. Since all Judiciall Power is radically and originally in the King who is for that cause styled by the Lawes l The Fountaine of Iustice and not in any other Person or Persons but by derivation from him it seemeth to us evident that neither the Judges of inferiour Courts of ministeriall Justice nor the Lords and Commons assembled in the High Court of Parliament may of right exercise any other power over the Subjects of this Realm then such as by their respective Patents and Writs issued from the King or by the known established Laws of the Land formerly assented unto by the Kings of this Realm doth appear to have been from him derived unto them Which Lawes Patents and Writs being the exact boundary of their severall Powers it hath not yet been made appeare to our understandings either from the Lawes of the Realme or from the tenour of those Writs by which the Parliament is called that the two Houses of Parliament have any power without the King to order command or transact but with him m to treat consult and advise concerning the great affairs of the Kingdome In which respect they have sundry times in their Declarations to His Majesty called themselves by the name of His great Councell And those Lawes and Writs are as we conceive the proper Topick from which the just power of the Honourable Houses can be convincingly deduced and not such fraile Colletions as the wits of men may raise from seeming Analogies and Proportions VIII Of the Negative Oath WE are not satisfied how we can submit to the taking of the Negative Oath 1. Without forfeiture of that liberty which we have sworne and are bound to preserve With which liberty we conceive it to be inconsistent that any obligation should be laid upon the Subject by an oath not established by Act of Parliament 2 Without abjuring our a naturall Allegiance and violating the Oathes of Supremacy and Allegiance by us formerly taken By all which being bound to our power to assit the King we are by this Negative Oath required to swear from our heart not to assist him 3. Without diminution of His Majesties just Power and greatnesse contrary to the third Article of the Covenant by