what I have now made known. So help me God, and the Contents of this, Book.

Reasons why the Univerfity of OXFORD cannot fubmit to the Covenant; the Negative Oath; the Ordinance concerning Difcipline and Directory, mentioned in the late Ordinance of Parliament, for the Vifitation of that Place.

W

Hereas by an Ordinance of the Lords and Commons affembled in Parliament, for the Vifitation and Reformation of the Univerfity of Oxford, lately published, Power is given to certain Perfons therein named as Vifitors, to enquire concerning thofe of the faid University, that neglect to take the folemn League and Covenant, and the Negative Oath being tendred unto them, and likewife concerning thofe that oppofe the Execution of the Ordinances of Parliament concerning the Discipline and Directory, or fhall not promote or caufe the fame to be put in Execution according to their feveral Places and Callings, We the Mafters, Scholars, and other Officers and Members of the faid University, not to judge the Confciences of others, but to clear our felves before God and the World from all Sufpition of Obftinacy, whilst we discharge our own, prefent to Confideration the true Reasons of our prefent Judgement concerning the faid Covenant, Oath and Ordinances: Expecting fo much Juftice, and hoping for fo much Charity, as either not to be preffed to conform to what is required in any the Premiffes, further than our prefent Judgements will warrant us; or not condemned for the refufing fo to do, without clear and real Satisfaction given to our juft Scruples.

SECT. I. Of the Preface to the Covenant.

THE Exceptions against the Introductory Preface to the Covenant, although we infift not much upon, because it may be faid to be no Part of the Covenant: yet among the Things therein contained, the Acknowledgement whereof is implicitely required of every Covenanter.

1. We are not able to fay, that the Rage, Power, and Prefumption of the Enemies of God (in the Senfe there intended) is at this Time increased.

2. Nor can truly affirm, that we had ufed or given Confent to any Supplication or Remonftrance to the Purposes therein expreffed.

3. Nor do conceive the entring into fuch a mutuall League and Covenant to be a lawfull, proper, and probable Means to preferve our Selves, and our Religion from Ruine and Destruction.

4. Nor can we believe the fame to be according to the commendable Practice of thefe Kingdoms, or the Example of God's People in other Nations. When we find not the leaft Foot-step in our Hiftories of a fworn Covenant ever entred into by the People of this Kingdom upon any Occafion whatfoever; nor can readily remember any commendable Example of the like

done

done in any other Nation: but are rather told, by the Defenders of this Covenant, that (a) the World never faw the like before.

SECT. II. Of the Covenant in grofs.

FIRST we are not fatisfied, how we can fubmit to the taking thereof,

as is now impofed under a Penalty.

1. Such Impofition (to our feeming) being repugnant to the Nature of a Covenant which being a Contract, implyeth a (b) voluntary mutuall Confent of the Contractors; whereunto Men are to be induced by Perfwafions, not compelled by Power. In fo much that the very Words of this Covenant in the Preface, Conclufion, and whole Frame thereof runne in such a Form throughout, as import a Confent rather grounded upon prudentiall Motives, than extorted by Rigour.

2. Without betraying the Liberty, which by our Proteftation we are bound, and in the third Article of this Covenant, muft fwear, with our Lives and Fortunes to preferve. To which Liberty the Impofition of a new Oath other than is established by Act of Parliament, is expreffed in the (c) Petition of Right, and by the Lords and Commons in their (d) Declarations acknowledged to be contrary.

3. Without acknowledging in the Impofers, a greater Power then, for ought that appeareth to us, hath been in former Time challenged; Or can confift with our former Proteftation (if we rightly understand it) in fundry the most material Branches thereof.

Neither, fecondly, are we fatisfied; although the Covenant would not be impofed upon us at all, but only recommended to us, and then left to our Choice.

1. How we should in Wisdom and Duty (being Subjects) of our own Accord and free Will enter into a Covenant, wherein He, whofe Subjects we are, is in any wife concerned, without his Confent, either expreffed or reafonably prefumed. It being in his Power (as we conceive) by the Equity of the Law, Numb. 32. to annull and make void the fame at his Pleasure. 2. How we can (now that His Majeftie hath by His publique (e) Interdict fufficiently made known His Pleasure in that Behalf) enter into a Covenant, the taking whereof he hath exprefly forbidden; forfeiting that Obedience,

(a) Such an Oath, as for Matter, Perfons, and other Circumftances, the like hath not been in any Age or Oath we read of in facred or humane Stories. Mr. Nye, Covenant with Narrative, p. 12.

(b) Pactis eft duorum pluriumve in idem placitum confenfus, L. 1. ff. de Pactis.

(c) Whereas many of them have had an Oath adminiftred unto them not warrantable by the Laws and Statutes of this Realm, They do humbly pray that no

Man hereafter be compelled to take fuch an Oath All which they most humbly pray as their Rights and Liberties according to the Laws and Statutes of this Realm. Petit. of Right. 3 Carol.

(d) It is declared, 16 Jan. 1642. That the King cannot compel Men to be fworn without an Act of Parliament. Exact Collect. pag. 859, 860.

(e) Proclam. of 9. Octob. 19 Car.

which (as we are perfwaded) by our natural Allegiance and former Oaths we owe unto all fuch His Majestie's Commands, as are not in our Apprehenfion repugnant to the Will of God, or the pofitive Laws of this Kingdom.

WE

SECT. III. Of the first Article of the Covenant.

'Herein, first, we are not fatisfied, how we can with Judgement fwear to endeavour to preferve the Religion of another Kingdom.

1. Whereof, as it doth not concern us to have very much, fo we profess to have very little Understanding.

2. Which (fo farre as the Occurrents of thefe unhappy Times have brought it to our Knowledge, and we are able to judge) is in three of the four fpecified Particulars, viz. Worship, Difcipline, and Government, much worse; and in the fourth (that of Doctrine) not at all better than our own; which we are in the next Paffage of the Article required to reform.

3.

Wherein if hereafter we shall find any Thing (as upon farther Underftanding thereof it is not impoffible we may) that may feem to us favouring of Popery, Superftition, Herefie, or Schifm, or contrary to found Doctrine, or the Power of Godlineffe; we shall be bound by the next Article to indeavour the Extirpation, after we have bound our felves by this firft Article to the Prefervation thereof.

4. Wherein we already find fome Things (to our thinking) fo far tending towards (f) Superftition and (g) Schifm, that it feemeth to us more reasonable that we should call upon them to reform the fame, than that they should call upon us to preserve it.

Secondly, we are not fatisfied in the next Branch, concerning the Reformation of Religion in our own Kingdom, in Doctrine, Worship, Difcipline, and Government; how we can fwear to endeavour the fame, (which without making a Change therein cannot be done,)

1. Without manifest Scandal to the Papist and Separatist.

1. By yeelding the Caufe, which our godly Bifhops and Martyrs, and all our learned Divines ever fince the Reformation have both by their Writings and Sufferings maintained; who have juftified, against them both, the Religion established in the Church of England to be agreeable to the Word of God.

2. By justifying the Papifts in the Reproaches and Scorn by them caft upon our Religion, whofe ufual Objection it hath been and is, that we know not what our Religion is; that fince we left them, we cannot tell where to stay; and that our Religion is a (b) Parliamentary Religion.

(f) Viz. In accounting Bishops Antichriftian, and indifferent Ceremonies unlawfull.

(g) Viz. In making their Difcipline and Government a Mark of the true Church, and the fetting up thereof, the VOL. I.

erecting of the Throne of Chrift.

(b) Let us not be blamed if we call it Parliamentary Religion, Parliament Gospel, Parliament Faith. Harding, Confut. of Apology, part 6. chap. 2.

Qqq

By

3. By a tacite Acknowledgement that there is fomething both in the Doctrine and Worship, whereunto their Conformity hath been required, not agreeable to the Word of God; and confequently juftifying them both, the one in his Recufancy, the other in his Separation.

4. By an implyed Confeffion, that the Laws formerly made against Papifts in this Kingdom, and all Punishments by Vertue thereof inflicted upon them, were unjuft in punishing them for refufing to joyn with us in that Form of Worship, which our felves (as well as they) do not approve of. II. Without manifest Wrong unto our felves, our Confciences, Reputation and Eftates, in bearing falfe Witness against our felves, and fundry other Waies by fwearing to endeavour to reform that, as corrupt and vitious.

t. Which we have formerly by our perfonal Subfcriptions approved, as agreeable to God's Word: and have not been fince either condemned by our own Hearts for fo doing, or convinced in our Judgements by any of our Brethren that therein we did amiffe.

2. Which in our Confciences we are perfwaded, not to be in any of the four specified Particulars (as it ftandeth by Law established) much leffe in the whole four, against the Word of God.

3. Which we verily believe (and, as we think upon good Grounds) to be in fundry Refpects much better, and more agreeable to the Word of God, and the Practife of the Catholique Church, than that which we should by the former Words of this Article fwear to preferve.

4. Whereunto the Laws yet in Force require of all fuch Clerks as fhall be admitted to any Benefice, the Signification of their hearty Affent, to be attelted openly in the Time of Divine Service before the whole Congregation there prefent, within a limited Time, and that under Pain (upon Default made) of the Loffe of every fuch Benefice.

III. Without manifest Danger of Perjury: This Branch of the Article $(to our best Understandings) feeming directly contrary,

1. To our former folemn Proteftation, which we have bound our felves neither for Hope, Fear, or other Refpect, ever to relinquish. Wherein the Doctrine which we have vowed to maintain, by the Name of the true Proteftant Religion, expreffed in the Doctrine of the Church of England, we take to be the fame, which now we are required to endeavour to reform and alter.

bu

2. To the Oath of Supremacie, by us alfo taken, according to the Laws of to the Realm, and the Statutes of our University in that Behalf. Wherein having firft teftified and declared in our Confciences, that the King's Highneffe is the only fupreme Governour of this Realm, we do after fwear to our Power to affist and defend all Jurifdi&tions, Privileges, Prebeminences, and • Authorities granted or belonging to the King's Highneffe, bis Heirs, and Sueceffors, or united and annexed to the Imperial Crown of this Realm. One of the which Privileges and Preheminences, by an expreffe Statute fo annexed, and that even, in terminis, in the felf-fame Words in a Manner with thofe ufed in the Oath, is the whole Power of Spiritual or Ecclefiafticall Jurif diction, for the Correction and Reformation of all Manner of Errors and

4

Abuses

Abules in Matters Ecclefiaftical: as by the (i) Words of the faid Statute more at large appeareth. The Oath affording the Propofition, and the Statute the Affumption, we find no Way how to avoid the Conclufion

SECT. IV. Of the fecond Article of the Covenant. i sno sit

FIRST, it cannot but affect us with fome Grief and Amazement, to fee that ancient Form of Church-Government, which we heartily (and, as we hope, worthily) honour; as under which our Religion was at first fo orderly, without Violence or Tumult, and fo happily reformed; and hath fince fo long flourished with Truth and Peace, to the Honour and Happiness of our own, and the Envy and Admiration of other Nations, not only,

1. Endeavoured to be extirpated; without any Reafon offered to our Un'derstandings, for which it fhould be thought neceffary, or but fo much as expedient fo to do. But alfo,

2. Ranked with Popery, Superftition, Herefie, Schifm and Prophanenesse; which we unfainedly profess our felves to deteft as much as any others whatsoever. 1.3. And, that with fome Intimation alfo, as if that Government were fome Way or other fo contrary to found Dottrin, or the Power of Godlinee, that whofoever fhould not endeavour the Extirpation thereof, muft of Neceffity partake in other Men's Sins, which we cannot yet be perfwaded to believe. 4. And we defire it may be confidered, in Cafe a Covenant of like Form fhould be tender'd to the Citizens of London, wherein they fhould be resquired to fwear, they would fincerely, really and conftantly without Refpect of Perfons, endeavour the Extirpation of Treason, the City Government (by a Lord Mayor, Aldermen, Sheriffs, Common-Councel and other Offices depending thereon) Murther, Adulterie, Theft, Coufenage, and whatsoever Shall be, &c. left they should partake in other Men's Sinnes, whether fuch a tendry could be looked upon by any Citizen, that had the leaft Spirit of Freedom in him, as an Act of Juftice, Meeknefs and Reason?

Secondly, for Epifcopal Government, we are not fatisfied how we can with a good Confcience fwear to endeavour the Extirpation thereof, 1. in Refpect of the Thing it felf. Concerning which Government we think we have Reafon to believe.

That it is (if not Jure divino in the ftricteft, that is to fay, exprefly commanded by God in his Word, yet) of Apoftolical Institution, that is to fay, was established in the Churches by the Apoftles, according to the Mind and after the Example of their Mafter Jefus Christ, and that by Vertue of their ordinary Power and Authority derived from him, as deputed by him Governors of his Church.

fences, Contempts, and Enormities, thall for ever by Authority of this prefent Par liament, be united and annexed to the Imperial Crown of this Realm. An Act restoring to the Crown the antient Jurif diction, &c. 1 Elizab. I.

(i) Such Jurifdictions, Privileges, Superiorities and Preheminences, fpiritual and ecclefiaftical, as by any, &c, for the Vifitation of the Ecclefiaftical State and Perfons, and for Reformation, Order and Correction of the fame, and of all manner of Errors, Herefies, Schifms, Abuses, OfDE 21 to 15 me is to notarile Q99 2 eludA