ordered by the lords and commons assembled in parliament, that the boursers and treasurers of the colledges in oxforde shall retaine and keepe such monyes as they have received england and wales. parliament. this text is an enriched version of the tcp digital transcription a37876 of text r42000 in the english short title catalog (wing e1745). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a37876 wing e1745 estc r42000 23196451 ocm 23196451 109483 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a37876) transcribed from: (early english books online ; image set 109483) images scanned from microfilm: (early english books, 1641-1700 ; 1700:18) ordered by the lords and commons assembled in parliament, that the boursers and treasurers of the colledges in oxforde shall retaine and keepe such monyes as they have received england and wales. parliament. 1 broadside. s.n., [london? : 1648] at head of sheet: die veneris, 21 april, 1648. signed: hen. elsyng, cler. parl. dom. com. reproduction of the original in the bodleian library. eng university of oxford. great britain -history -civil war, 1642-1649. great britain -politics and government -1642-1649. a37876 r42000 (wing e1745). civilwar no ordered by the lords and commons assembled in parliament, that the boursers and treasurers of the colledges in oxforde shall retaine and kee england and wales. parliament 1648 189 3 0 0 0 0 0 159 f the rate of 159 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2008-07 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-10 john pas sampled and proofread 2008-10 john pas text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion die veneris , 21 april , 1648. ordered by the lords and commons assembled in parliament , that the boursers and treasurers of the colledges in oxforde shall retaine and keepe such monyes as they have received , without making any divident untill they shall receive order from the commitee of lords ●nd commons for the reformation of the universitie of oxon. and that from henceforth , all tenants , and such ●thers as are to pay money or other dutyes to any col●●dge in the universitie of oxford , shall pay the same to the heads of houses appointed by authority of parliament , respectively , or to those whom they shall appoint to receive the same : and to no other . and that the acquittance , or acquittances , of such heads of houses , or of such as they shall appoint to receive the same , shall be a sufficient warrant and discharge , to the severall tenants for the payment thereof accordingly : notwithstanding any condition in their leases to the contrary . hen. elsyng , cler. parl. dom. com. at the committee of lords and commons for reformation of the university of oxford england and wales. parliament. this text is an enriched version of the tcp digital transcription b02972 of text r175069 in the english short title catalog (wing e1244c). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 b02972 wing e1244c estc r175069 52612409 ocm 52612409 179437 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b02972) transcribed from: (early english books online ; image set 179437) images scanned from microfilm: (early english books, 1641-1700 ; 2789:4) at the committee of lords and commons for reformation of the university of oxford england and wales. parliament. 1 sheet ([1] p.) s.n., [london : 1648] caption title. imprint from wing. first article signed: francis rous; second signed: h. elsing cler. parl. d. com. reproduction of the original in the bodleian library. with: die jovis 21. septemb. 1648. whereas by an ordinance of parliament of the 21 of aprill 1648. it is ordered that the bursers and treasurers of the colledges in oxford shall keep such monies as they have received... eng university of oxford -finance -law and legislation -17th century. broadsides -england -17th century. b02972 r175069 (wing e1244c). civilwar no may 22. 1648. at the committee of lords and commons for reformation of the university of oxford. resolved, that the monies received by the b england and wales. parliament 1648 267 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 mona logarbo sampled and proofread 2008-08 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion may 22. 1648. at the committee of lords and commons for reformation of the university of oxford . rosolved , that the monies received by the bursers of such colledges wherein the parliament hath placed new heads , shall be delivered to such heads , or such , whom they shall appoint to receive it . francis rous. die jovis 21. septemb. 1648. whereas by an ordinance of parliament of the 21 of aprill 1648. it is ordered that the bursers and treasurers of the colledges in oxford shall keep such monies as they have received , without making any divident , untill they shall receive order from the committee of lords and commons for reformation of the university of oxon ; and that from henceforth , all tenants and such others as are to pay any money or other duties to any colledge in the university of oxford , shall pay the same to the heads of houses appointed by authority of parliament respectively , or to those whom they shall appoint to receive the same , and to no other . it is ordered , that the committee sitting at haberdashers hall for advance of moneys , be assisting to the said heads of houses placed by authority of parliament in the severall colledges and halls in the said university of oxford , for the putting that ordinance and every clause thereof in execution , and for the procuring effectuall payment to be made of the said rents and duties accordingly . h. elsing cler. earl . d. com. die veneris, 21 april. 1648. an order of the commons assembled in parliament, enabling the visitors of oxford to displace, and other officers and members of colledges, as shall contemn the authority of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a83764 of text r210747 in the english short title catalog (thomason 669.f.12[12]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83764 wing e2647 thomason 669.f.12[12] estc r210747 99869505 99869505 162805 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83764) transcribed from: (early english books online ; image set 162805) images scanned from microfilm: (thomason tracts ; 246:669f12[12]) die veneris, 21 april. 1648. an order of the commons assembled in parliament, enabling the visitors of oxford to displace, and other officers and members of colledges, as shall contemn the authority of parliament. england and wales. parliament. 1 sheet ([1] p.) printed for edward husband, printer to the honorable house of commons, london : april 24. 1648. signed: h: elsynge, cler. parl. d. com. reproduction of the original in the british library. eng university of oxford -history -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a83764 r210747 (thomason 669.f.12[12]). civilwar no die veneris, 21 april. 1648. an order of the commons assembled in parliament, enabling the visitors of oxford to displace such fellows, and england and wales. parliament. 1648 297 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die veneris , 21 april . 1648. an order of the commons assembled in parliament , enabling the visitors of oxford to displace such fellows , and other officers and members of colledges ; as shall contemn the authority of parliament . ordered by the commons assembled in parliament , that in regard of the late contempt of fellows , officers and members of colledges in oxford to the authority of parliament , the visitors do send a new summons for all fellows , officers and members of the several colledges and halls ; and if they do not appear , or appearing shall not submit to the authority of parliament in the visitation , that then the visitors shall have power to suspend for the present , and to certifie the same to the committee of lords and commons for reformation of the university of oxon ; who upon the certificate thereof , shall have power to remove and deprive them from their places in the respective colledges and halls , and to expel them from the university ; and upon certificate thereof from this committee , the heads of houses in their respective colledges and halls , with the visitors , shall put others in their places . ordered , that this order be forthwith printed ; and that the visitors of the university of oxon , do forthwith publish the said order in the said university of oxford . h : elsynge , cler. parl. d. com. ordered by the commons assembled in parliament , that this order be forthwith printed and published . h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons . april 24. 1648. by the vice-chancellour and heads of houses whereas by the rude carriage of severall schollars in this university ... severall tumultuous disorders have been lately committed ... / signed in the name, and by the consent of the heads of houses, by dan. greenwood, vice-can. university of oxford. this text is an enriched version of the tcp digital transcription a53777 of text r41303 in the english short title catalog (wing o863b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a53777 wing o863b estc r41303 31354880 ocm 31354880 110279 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53777) transcribed from: (early english books online ; image set 110279) images scanned from microfilm: (early english books, 1641-1700 ; 1751:17) by the vice-chancellour and heads of houses whereas by the rude carriage of severall schollars in this university ... severall tumultuous disorders have been lately committed ... / signed in the name, and by the consent of the heads of houses, by dan. greenwood, vice-can. university of oxford. greenwood, daniel. 1 sheet ([1] p.) printed by leonard lichfield, printer to the university, oxford : [1651] at head of title: march 22, 1651. other title information from first lines of text. reproduction of original in the bodleian library. eng university of oxford -history -17th century. broadsides -oxford (england) -17th century. a53777 r41303 (wing o863b). civilwar no by the vice-chancellour and heads of houses whereas by the rude carriage of severall schollars in this university ... severall tumultuous di university of oxford 1651 220 0 5 0 0 0 0 227 f the rate of 227 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2007-12 elspeth healey sampled and proofread 2007-12 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion acade . mia . oxoni . ensis . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . march 22. 1651. by the vice-chancellour and heads of houses . whereas by the rude carriage of severall schollars in this university , both in the publique schooles , under the notion of coursing , and also in the streets , severall tumultuous disorders have been lately committed , to the disturbance of the publique peace , and great scandall of the university : for preventing the like for the time to come , and the dangerous consequents which may ensue thereof , the vice-chancellour and heads of houses doe hereby straightly require and enjoyne all and every persons under the jurisdiction of the university , that they forbeare for the future all such disorders upon paine of expulsion , according to the statutes of the university in that behalfe provided . and all tutors are hereby required to have a more vigilant eye over such schollars as are under their respective charges , in regard that any miscarriage of theirs will have a deep reflection upon those that have the oversight of them . signed in the name , and by the consent of the heads of houses , by dan. greenwood vice-can : oxford printed by leonard lichfield printer to the university . to the reverend and honourable, the vice-chancelour and the body of the convocation in the university of oxford albemarle, george monck, duke of, 1608-1670. this text is an enriched version of the tcp digital transcription a26622 of text r215707 in the english short title catalog (wing a871a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a26622 wing a871a estc r215707 99827490 99827490 31910 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a26622) transcribed from: (early english books online ; image set 31910) images scanned from microfilm: (early english books, 1641-1700 ; 1922:2) to the reverend and honourable, the vice-chancelour and the body of the convocation in the university of oxford albemarle, george monck, duke of, 1608-1670. 1 sheet ([1] p.) s.n., [oxford? : 1660] signed: g. monke. imprint from wing. to solicit the votes of convocation to elect william lenthall a university burgess. reproduction of the original in the bodleian library. eng lenthall, william, 1591-1662 -early works to 1800. university of oxford -history -early works to 1800. a26622 r215707 (wing a871a). civilwar no to the reverend and honourable, the vice-chancelour and the body of the convocation in the university of oxford. albemarle, george monck, duke of 1660 302 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-06 tcp assigned for keying and markup 2008-09 spi global keyed and coded from proquest page images 2008-10 john pas sampled and proofread 2008-10 john pas text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion to the reverend and honourable , the vice-chancelour and the body of the convocation in the university of oxford . honovr'd sirs , though i am confident i need not to refresh my former desires for the election of the master of the rolls for one of the university burgesses in the insuing parliament , yet understanding the severe opposition against him , i must needs take leave to tell you , that i had never desired that favour either for my selfe or any other , had i not apprehended you as ready to grant it , as i was free and cheerefull to aske it : and i have reason yet to believe , that i could not so much mistake those worthy persons , that gave me a tender herein , as to imagine a greater favour to my selfe , then they or you intended mee . gentlemen , it is really the desire of my heart , to be an instrument in the hand of god , to doe good in my best services , both to your selves , and the whole nation , and had i known any person more able and ready to assist in that great work , i had certainly with the same freedome proposed him : but you must give me leave to say , it was not favour but choyce , and that in order to the best ends , that fixt and determined my thoughts upon that worthy person ; and therefore notwithstanding his modesty , and selfe-deniall herein to mee , i take the freedome still to insist upon my first desires ; your condescention whereunto will oblige him to continue his regards to you and the whole church , and much gratify gentlemen your very humble servant g. monke . ordered by the lord chancellour and visitours of this university, that no fellow, demy, scholler, chaplaine, clerke, chorister, officer, servant or member of magdalen colledge shall enjoy any benefit of their respective places or any of them, untill they give satisfaction to the visitours of this university university of oxford. this text is an enriched version of the tcp digital transcription a53816 of text r41595 in the english short title catalog (wing o903c). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a53816 wing o903c estc r41595 31355645 ocm 31355645 110572 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53816) transcribed from: (early english books online ; image set 110572) images scanned from microfilm: (early english books, 1641-1700 ; 1751:24) ordered by the lord chancellour and visitours of this university, that no fellow, demy, scholler, chaplaine, clerke, chorister, officer, servant or member of magdalen colledge shall enjoy any benefit of their respective places or any of them, untill they give satisfaction to the visitours of this university university of oxford. 1 sheet ([1] p.). s.n., [s.l. : 1647] text in english and latin. at head of sheet: april 13, 1647. reproduction of original in the bodleian library. eng magdalen college (university of oxford) university of oxford -history -17th century. broadsides -oxford (england) -17th century. a53816 r41595 (wing o903c). civilwar no ordered by the lord chancellour and visitours of this university, that no fellow, demy, scholler, chaplaine, clerke, chorister, officer, ser university of oxford 1647 298 0 10 0 0 0 0 336 f the rate of 336 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion april 13. 1647. ordered by the lord chancellour and visitours of this vniversity , that no fellow , demy , scholler , chaplaine , clerke , chorister , officer , servant or member of magdalen colledge shall enjoy any benefit of their respective places or any of them , untill they give satisfaction to the visitours of this vniversity . etsi forsan , ut in votis meis , ita in votis vestris jamjam sit academici ut cancellarius noster ( cujus est academiae , almae matri nostrae leges , & statuta tradere ) sit caelebs , quasi vitam deo consecratam , & gratam degens ; tamen marcio harfordiae vir pietate nulli , nisi regi secundus , & inter nobiles doctrinâ primus , leges , & statuta tradere , & gubernamentum habere non sine votis nostris dignus fuit , & alteri non caelibi , scilicet pembrochiae comiti hujus munere & gubernamento , ut ex auditu habui , secundum statuta antiqua non digno quoniam linguas , vel saltem linguam latinam non satis callet vota justa & voluntaria injustè traderé , vel voluntariè omittere coacti erimus ? absit , sit nobis animus constans & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ( i ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} longanimus , tardus scilicet ad irascendum , etsi non ad certandum argumentis saltem non frigidis . annon fidei articulis , & religionis iterum & saepius subscripsimus ? annon de agnoscendâ supremà regiae majestatis potestate , & de observandis statutis hujus universitatis juramentum non semel suscepimus ? et quis , vel quid fidem ecclesiae , regi , vel academiae datam violare cogat ? an indoctus cancellarius officio defunctus , nobilis , doctores , procuratores , presbyteri , magistri regentes , vel non regentes , dux , miles , arma , vincula , vel milites . by order from mr. vice-chancellor. vvhereas complaint has been brought to me of several disorders committed in and about the new tenis-court, where his royall highness the duke of york's servants now act; ... university of oxford. 1671 approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a53779 wing o863e estc r214683 99826774 99826774 31180 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53779) transcribed from: (early english books online ; image set 31180) images scanned from microfilm: (early english books, 1641-1700 ; 1769:15) by order from mr. vice-chancellor. vvhereas complaint has been brought to me of several disorders committed in and about the new tenis-court, where his royall highness the duke of york's servants now act; ... university of oxford. mews, peter, 1619-1706. 1 sheet ([1] p.) s.n.], [oxford : 1671. title from heading and first lines of text. signed and dated at end: july 10. 1671. p. mews vice-cancel. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng university of oxford -history -sources -early works to 1800. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion by order from m r vice-chancellor . vvhereas complaint has been brought to me of several disorders committed in and about the new tenis-court , where his royall highness the duke of york's servants now act ; these are therefore to require all persons whatsoever , not to give them any disturbance , during the time assigned them for their stay in the university , upon pain of being proceeded against as disturbers of the publick peace , and the good orders and discipline of this place . july 10. 1671. p. mews vice-cancel . ordered by the lords and commons assembled in parsliament [sic], that in regard of the late contempt of fellows, officers, and members of colledges in oxford to the authority of parliament, the visitors do send a new summons england and wales. parliament. this text is an enriched version of the tcp digital transcription a37874 of text r41999 in the english short title catalog (wing e1741). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a37874 wing e1741 estc r41999 23196397 ocm 23196397 109482 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a37874) transcribed from: (early english books online ; image set 109482) images scanned from microfilm: (early english books, 1641-1700 ; 1700:17) ordered by the lords and commons assembled in parsliament [sic], that in regard of the late contempt of fellows, officers, and members of colledges in oxford to the authority of parliament, the visitors do send a new summons england and wales. parliament. 1 broadside. s.n., [london? : 1648] at head of sheet: die veneris 21. april. 1648. signed: ioh. browne, cleric. parliamentorum. reproduction of the original in the bodleian library. eng university of oxford. great britain -history -civil war, 1642-1649. great britain -politics and government -1642-1649. a37874 r41999 (wing e1741). civilwar no ordered by the lords and commons assembled in parsliament [sic], that in regard of the late contempt of fellows, officers, and members of co england and wales. parliament 1648 388 18 0 0 0 0 0 464 f the rate of 464 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2008-07 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 mona logarbo sampled and proofread 2008-08 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion die veneris 21. april . 1648. ordered by the lords and commons assembled in parsliament , that in regard of the late contempt of fellows , officers , and members of colledges in oxford to the authority of parliament , the visitors do send a new summons for all fellows , officers , ●●d members of the severall colledges and halls , and if they do not ●●peare , or appearing shall not submit to the authority of parliament the visitation : that then the visitors shall have power to suspend ●●r the present , and to certifie the same to the committee of lords ●●d commons for reformation of the vniversitie of oxford , who ●pon the certificate thereof shall have power to remove , and deprive ●●em from their places in their respective colledges and halls : and to ●●pell them from the vniversitie : and upon certificate thereof from the ●●id committee , the heads of houses in their respective colledges , ●nd halls , with the visitours , shall put others in their places . ordered by the lords and commons assembled in parliament , that the order above written be forthwith printed : and that the vi●●tours of the vniversitie of oxford do publish the same in the vniver●●tie of oxford . ordered by the lords and commons assembled in parliament , that the bursers and treasurers of the colledges in oxford shall re●aine and keepe such monies as they have received without making ●ny dividend , untill they shall receive order from the committee of ●ords and commons for reformation of the vniversitie of oxford : ●●d that from henceforth all tenants , and such others as are to pay 〈◊〉 money , or other duties to any colledge in the vniversitie of ox●●rd , shall pay the same to the heads of houses appointed by authority of parliament respectively , or to those whom they shall appoint ●o receive the same , and to no other . and that the acquittance or acquitances of such heads of houses , or of such as they shall appoint to receive the same , shall be a sufficient warrant and discharge to the severall tenants for the payment thereof accordingly : notwithstanding any condition in their leases to the contrary . 〈…〉 at a meeting of the vice-chancellor of the heads of colleges and halls of the university of oxford on the 25. day of november in the year of our lord 1695 university of oxford. 1695 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a53776 wing o862 estc r218664 99830236 99830236 34686 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53776) transcribed from: (early english books online ; image set 34686) images scanned from microfilm: (early english books, 1641-1700 ; 1873:9) at a meeting of the vice-chancellor of the heads of colleges and halls of the university of oxford on the 25. day of november in the year of our lord 1695 university of oxford. 1 sheet s.n., [oxford : 1695] signed: ben. cooper notarie publick and register of the university of oxon. imprint from wing. reproduction of the original in the christ church library, oxfo. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng university of oxford -early works to 1800. heresy -sermons -early works to 1800. 2008-04 tcp assigned for keying and markup 2008-05 spi global keyed and coded from proquest page images 2008-06 john pas sampled and proofread 2008-06 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion at a meeting of the vice-chancellor and the heads of colleges and halls of the university of oxford on the 25. day of november in the year of our lord 1695. whereas in a sermon lately preached before the university of oxford in the church of st. peter in the east on the feast of s s. simon and jude last past , these words , amongst others , were delivered and asserted . viz. [ there are three infinite distinct minds and substances in the trinity . ] item [ that the three persons in the trinity are three distinct infinite minds or spirits , and three individual substances . ] which gave just cause of offence and scandal to many persons : the vice-chancellor and heads of colleges and halls , at their generall meeting this day assembled , do judge and declare the said words to be false , impious , and hereticall ; contrary to the doctrine of the catholick church , and particularly to the received doctrine of the church of england : and do therefore strictly forbid all manner of persons , under their care and charge , to preach or publish any such doctrine for the future . by order of mr. vice-chancellor and the heads of houses . ben. cooper notarie publick and register of the university of oxon. at a meeting of the heads of houses. mar. 22. 1688. whereas the gowns, capps, and habits of all members of this university, are by the statutes of the same to be made and fashioned with all exactness possible, ... university of oxford. 1688 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a53775 wing o861 estc r214681 99826772 99826772 31178 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53775) transcribed from: (early english books online ; image set 31178) images scanned from microfilm: (early english books, 1641-1700 ; 1769:13) at a meeting of the heads of houses. mar. 22. 1688. whereas the gowns, capps, and habits of all members of this university, are by the statutes of the same to be made and fashioned with all exactness possible, ... university of oxford. cooper, benjamin, 1622 or 3-1701. 1 sheet ([1] p.) s.n., [oxford : 1688] title from heading and first lines of text. place of publication from wing. signed at end: ben. cooper register of the university of oxon. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng university of oxford -history -sources -early works to 1800. 2006-08 tcp assigned for keying and markup 2006-09 apex covantage keyed and coded from proquest page images 2006-10 jason colman sampled and proofread 2006-10 jason colman text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion at a meeting of the heads of houses . mar. 22. 1688. whereas the gowns , capps , and habits of all members of this university , are by the statutes of the same to be made and fashioned with all exactness possible , according to certain models and patterns in that behalf already provided , and approved of by the heads of houses , and the convocation . and whereas a general complaint hath been made of these following irregularities in scholastical habits , viz. 1. that many graduats and other younger scholars wear mourning-gowns without a cause approved by their respective governor and allowed by mr. vicechancellor and the proctors . 2. that many gentlemen-commoners and others wear square-capps with tufts that have not performed any exercise in the theater to entitle them thereunto . 3. that divers under-graduats upon pretence of being students in the civil law presume to wear a half-sleeved-gown and a square-capp that are not four years standing in the university and duely enter'd upon the law-line . 4. that the use of wearing hatts ( nay even of hatts button'd up ) in publique , and crevatt-bands unaccustomed to be worn , hath of late prevailed much in the university , to the great scandal of it . whereupon , after mature deliberation had of the praemisses , and of the ill effects and consequences such irregularities in habits may produce , if not timely prevented , it was unanimously agreed upon , that the particular governors should take care to redress the wearing of such unstatuteable habits in their respective society's , and signify the names of those that will not be reclaimed by their admonition to mr. vicechancellor that they may be punished as the statutes of the university in that case direct . ben. cooper register of the university of oxon. an account of the decree of the university of oxford, against some heretical tenets at a meeting of mr. vice-chancellour, and the heads of colledges and halls, in the university of oxford, the 25th of november, 1695. university of oxford. 1695 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a90306 wing o858a estc r231420 99896818 99896818 137155 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a90306) transcribed from: (early english books online ; image set 137155) images scanned from microfilm: (early english books, 1641-1700 ; 2447:11) an account of the decree of the university of oxford, against some heretical tenets at a meeting of mr. vice-chancellour, and the heads of colledges and halls, in the university of oxford, the 25th of november, 1695. university of oxford. 1 sheet ([1] p.) sold by j. whitlock, near stationers-hall, [london] : [1695] place and date of publication from wing cd-rom, 1996. reproduction of original in the folger shakespeare library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng university of oxford -early works to 1800. heresy -early works to 1800. 2007-07 tcp assigned for keying and markup 2007-07 apex covantage keyed and coded from proquest page images 2007-08 jason colman sampled and proofread 2007-08 jason colman text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion an account of the decree of the university of oxford , against some heretical tenets . at a meeting of mr. vice-chancellour , and the heads of colledges and halls , in the university of oxford , the 25 th of november , 1695. upon occasion of a sermon lately preached before the vniversity of oxford , in the church of st. peter's in the east , on the feast of st. simon and jude last past , these words amongst others , were publickly spoken and asserted , viz. [ there are three infinite distinct minds and substances in the trinity , ] item [ that the three persons in the trinity are three distinct infinite minds or spirits , and three individual substances , ] which words gave many persons just cause of offence and scandal . mr. vice-chancellour , and the heads of colledges and halls , being now met together in their general meeting , judge , declare , and decree , that the foresaid words are false , impious , and heretical ; disagreeing and contrary to the doctrine of the catholick church , and especially to the doctrine of the church of england , publickly received . wherefore they order , and strictly enjoin , all , and several of the persons committed to their trust and care , that for the future they do not maintain any such positions in their sermons , or elsewhere . by the decree of mr. vice-chancellour , and the heads of houses . ben. cooper , notary publick , and register to the vniversity of oxford . it may be noted , that the propositions above-mentioned , are dr. s — k's , in his discourse of the trinity , and the defenders of it ; and wrote against by the animadverter , &c. sold by j. whitlock , near stationers-hall . orders concerning the rates and demands of carriers and their porters, for goods brought and conveyed betwixt the university of oxford, and city of london university of oxford. 1666 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2006-06 (eebo-tcp phase 1). a53818 wing o903e estc r41598 31355650 ocm 31355650 110575 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53818) transcribed from: (early english books online ; image set 110575) images scanned from microfilm: (early english books, 1641-1700 ; 1751:26) orders concerning the rates and demands of carriers and their porters, for goods brought and conveyed betwixt the university of oxford, and city of london university of oxford. fell, john, 1625-1686. 1 sheet ([1] p.). s.n., [oxford? : 1666] signed: iohn fell, vice-can. given the i. day of september, an. dom. 1666. place of publication suggested by wing (2nd ed.). reproduction of original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng university of oxford -history -17th century. freight and freightage -england -oxford -rates. broadsides -oxford (england) -17th century. 2005-11 tcp assigned for keying and markup 2005-12 apex covantage keyed and coded from proquest page images 2006-01 mona logarbo sampled and proofread 2006-01 mona logarbo text and markup reviewed and edited 2006-04 pfs batch review (qc) and xml conversion orders concerning the rates , and demands of carriers , and their porters , for goods brought , and conveyed betwixt the university of oxford , and city of london . whereas the carriers between the vniversity of oxon : and the city of london , to the great prejudice of the members of the said vniversity , & others have for these late years , contrary to the charters , and ancient practice of the said university exacted what rates they pleased for the carriage of goods , and letters ; for the prevention of the like abuse for the future , it is therefore now ordered by mee john fell d r of divinity , and vicechancellour of the said university , that henceforth they , their servants , and porters shall demand , or receive no other rates then 1 imprimis , for the carriage of one hundred weight in the time between the two feasts of all-saints , and the annuntiation of the blessed virgin mary three shillings foure pence , and for the rest of the yeare three shillings . 2 item , for the carriage of the greatest parcell ( all being to be esteemed parcels under a quarter of an hundred weight ) ten-pence , and so ratably for those that are lesse . 3 item , for the carriage of any burthen , not exceeding one hundred weight , nor lesse then a quarter of an hundred weight , from the shop or ware-house , where the goods were unladed unto the owners habitation or shop , three-pence , and for a parcell one penny . 4 item , that all letters directed to schollars shall be left at the butteries of their respective colleges or halls , and for the delivery of every such letter onely one half-penny loafe , as was accustomed , but if any carriage comes with a letter , nothing shall be paid for the bringing of the said letter . given the 1. day of september an. dom. 1666. iohn fell vicecan . london, anno dom. 1647. the subscriptions of the trustees themselves for the better encouragement of this work. this text is an enriched version of the tcp digital transcription a74094 of text r210752 in the english short title catalog (thomason 669.f.11[117]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a74094 thomason 669.f.11[117] estc r210752 99869510 99869510 162768 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a74094) transcribed from: (early english books online ; image set 162768) images scanned from microfilm: (thomason tracts ; 246:669f11[117]) london, anno dom. 1647. the subscriptions of the trustees themselves for the better encouragement of this work. wollaston, john, sir. 1 sheet ([1] p.) s.n., [s.l. : 1647] imprint date from accompanying item. cf. madan. a form of subscription to the trust for maintaining poor scholars at the universities -cf. thomason catalogue and note to madan, oxford books 2, 1919. annotation on thomason copy: "presented to ye common councell january 1647". reproduction of the original in the british library. eng university of cambridge -early works to 1800. university of oxford -early works to 1800. a74094 r210752 (thomason 669.f.11[117]). civilwar no london, anno dom. 1647. forasmuch as the right worshipful sir john wollaston kt. ... wollaston, john, sir 1647 618 2 0 0 0 0 0 32 c the rate of 32 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2008-06 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 john pas sampled and proofread 2008-08 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion london , anno dom. 1647. forasmuch as the right worshipful sir john wollaston kt. tho. adams , john warner , john langham , james bunce , tho. foot , john kendrick , john byde , george witham , and thomas vyner , aldermen of the city of london ; mr. step. marshal , mr. edm. calamy , mr. jer. whitaker , mr. obad. sedgwick , mr. sim. ash , mr. tho. case , mr. laz. seaman , mr. sam. clark , mr. fran. roberts , and mr. william jenkin , ministers of the gospel within the cities of london and westminster ; colonel fran. west lieuten. of the tower , mr. rich. turner sen . deputy , mr. christopher pack dep. mr. walter boothby dep. mr. tho. arnold dep. colonel rob. manwaring , col. edw. hooker , col. john bellamy , lieu. col . lawr. broomfield , mr. alexander jones , mr. andrew kendrick , captain rich. vennour , major l●●●● . vanghan , mr. stephen white , master james martin , mr. william kendal , mr. dan. andrews , mr. tho. bewley , mr. tempest milner , and mr. lawrence brinley , citizens of london : have accepted the trust of receiving and distributing such summes of money as well-affected persons shall be pleased to give towards the maintaining of hopefull young students at both the universities , whose parents and friends are not able to maintain them there ; for the more speedy replenishing of the church of god in this kingdome , with godly , able , and orthodox ministers . we whose names are under-written , greatly approving the said pious and commendable work , and being well satisfied with the forenamed trustees ; doe , to the said end , voluntarily subscribe these severall summes of money , yearly to be continued during pleasure , and to be paid by equall portions every quarter , to such treasurers as they shall from time to time nominate and appoint , or to such collector or collectors as the said treasurers shall imploy , ( receipts for all such payments being given under the treasurers hands ; ) the first payment to begin the next quarter-day after every of our severall and respective subscriptions , as followeth . the subscriptions of the trustees themselves for the better encouragement of this work . sir jo. wollaston alder . — li. thomas adams alder . — li. john warner alder . — li. john langham alder . — li. james bunce alder . — li. thomas foote alder . — li. john kendrick alder . — li. john byde alder . — li. george witham alder . — li. tho. vyner alder . — li. mr. steph. marshal — li. mr. edm. calamy — li. mr. jer. whitaker — li. mr. obad. sedgwick — li. mr. sim. ash — li. mr. tho. case — li. mr. laz. seaman — li. mr. sam. clark — li. mr. fran. roberts — li. mr. will. jenkyn — li. col. fran. west — li. mr. rich. turner dep. — li. mr. christoph . pack dep. — li. mr. walt. boothby dep. — li. mr. tho. arnold dep. — li. col. rob. manwaring — li. col. edw. hooker — li. col. joh. bellamy — li. l. col . lawr. broomfield — li. mr. alex. jones — li. mr. andr. kendrick — li. capt. rich. vennour — li. major l●●●● vaughan — li. mr. steph. white — li. mr. james martin — li. mr. will. kendal — li. mr. dan. andrewes — livre. mr. tho. bewley — li. mr. temp. milner — li. mr. lawr. brinley — li. univers. oxon. the price of provision, appointed by the reverend timothy halton, doctor of divinity provost of queens-colledge, and vice-chancellor to the most illustrious james duke of ormond, &c. chancellor of the university, his majesties clerk of this market. vvhich prices all sellers are required not to exceed. university of oxford. 1681 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a90316 wing o939 estc r232112 99897663 99897663 133356 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a90316) transcribed from: (early english books online ; image set 133356) images scanned from microfilm: (early english books, 1641-1700 ; 2517:6) univers. oxon. the price of provision, appointed by the reverend timothy halton, doctor of divinity provost of queens-colledge, and vice-chancellor to the most illustrious james duke of ormond, &c. chancellor of the university, his majesties clerk of this market. vvhich prices all sellers are required not to exceed. university of oxford. 1 sheet ([1] p.) s.n., [oxford : 1681?] manuscript note: "stuck up in all public places 13. march 1680". with additional manuscript notations of prices. imprint from wing cd-rom, 1996. reproduction of original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng university of oxford -history -early works to 1800. prices -england -oxford -early works to 1800. price regulation -england -oxford -early works to 1800. broadsides -england -oxford 2007-07 tcp assigned for keying and markup 2007-07 apex covantage keyed and coded from proquest page images 2007-08 mona logarbo sampled and proofread 2007-08 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion univers . oxon. the prices of provision , appointed by the reverend timothy halton doctor of divinity , provost of queens-colledge , and vice-chancellor to the most illustrious james duke of ormond , &c. chancellor of this university , his majesties clerk of this market . vvhich prices all sellers are required not to exceed . imprimis a pound of butter sweet and new the best in the market item a pound of second butter sweet and new item a pound of the best cheese item a pound of second cheese item eggs for item a couple of capons the best in the market item a couple of second capons in the market item a couple of chickens the best in the market item a couple of second chickens in the market item a couple of fat pullets item a dozen of pigeons the best in the market item a couple of fat green geese the best in the market item a couple of rabbets the best in the market item a couple of second rabbets item a fat pigg the best in the market item a second pigg in the market item a stone of the best beef at the butchers , weighing eight pound avoyrdupois ▪ item a stone of the second beef at the butchers item a quarter of the best weather mutton at the butchers by the pound item a quarter of the second weather mutton at the butchers by the pound item a quarter of the best lamb at the butchers by the pound item a quarter of the best veal at the butchers by the pound item a quarter of the second veal at the butchers by the pound item a whole flitch of bacon by the pound item rib-bacon by the pound item a pound of tallow candles made of wick item a pound of cotton or watching candles item hay and litter day and night for one horse within every inn , and livery stable item a bushel of the best oats within every inn item a bushel of the best beans within every inn quæstiones in sacra theologia discutiendæ oxonii in vesperiis, octavo die mensis julii, anno dom. 1671 university of oxford. 1671 approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a90323 wing o947 estc r181260 43078105 ocm 43078105 151627 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a90323) transcribed from: (early english books online ; image set 151627) images scanned from microfilm: (early english books, 1641-1700 ; 2268:4) quæstiones in sacra theologia discutiendæ oxonii in vesperiis, octavo die mensis julii, anno dom. 1671 university of oxford. 1 sheet ([1] p.) ex officina leonardi lichfield academia typographi, oxoniæ : anno dom. 1671. reproduction of original in: bodleian library, oxford, england. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . lat university of oxford -examinations. theology -examinations, questions, etc. philosophy -examinations, questions, etc. broadsides -england -oxford -17th century. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 elspeth healey sampled and proofread 2007-12 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion quaestiones in s. theologia discutiendae oxonii in vesperiis , octavo die mensis julii , anno dom. 1671. quaestiones inceptoris thomae dvncomb è coll. corp. christi . an liceat praescriptâ formulâ orare ? aff. an sacra celebranda sint sermone vernaculo ? aff. an liceat ministris ecclesiae stipendia accipere ? aff. quaestiones inceptoris adami littleton ex aede christi . an s. s. scripturae auctoritas pendeat à traditione ecclesiasticâ ? neg. an dogmata fidei rationis humanae examini subjici fas sit ? neg. an magistratus habeat potestatem in adiaphoris ? aff. quaestiones inceptoris narcissi marsh è coll. exon. an bona opera sint ad vitam aeternam necessaria ? aff. an lex naturae sit dispensabilis ? neg. an liceat clericis matrimonium contrahere ? aff. qvaestiones in jvre civili discvtiendae in vesperiis . quaestiones incep . johannis harison è coll. novo . an in jure deterior sit conditio faeminarum quàm masculorum ? aff. an delinquens ultra id quod cogitavit de eventu teneatur ? aff. an pro ratione legis ejus sententia sit extendenda & restringenda ? aff. quaestiones in medicina discvtiendae in vesperiis . quaestiones inceptoris thomae alvet è coll. merton . an febres sedes suas habeant in corde ? aff. an materia ex quâ lac conficitur sit sanguis ? neg. an similitudo foetûs respectu parentis fiat ab imaginatione ? aff. quaestiones in philosophia discvtiendae in vesperiis . an plures sint mundi ? neg. an terra sit mobilis ? neg. an animae fiant sapientiores quiescendo ? neg. resp . tho. middleton incept . è coll. novo . quaestiones in s. theologia discutiendae oxonii in comitiis , decimo die mensis julii , anno dom. 1671. an patres sub veteri testamento habuerint promissiones tantùm temporales ? neg. an sancti sint invocandi ? neg. an christus solus sit mediator ? aff. resp . alex. pudsey , s. theol. bac. è coll. magd. quaestiones in jure civili discvtiendae in comitiis . an statuta recipiant interpretationem à jure communi ? aff. an gesta per eum qui per errorem magistratu functus est , rata sint habenda ? aff. an reus actori instrumenta edere teneatur ? neg. resp . rob. plott ex aula magd. quaestiones in medicina discutiendae in comitiis . an variolae & morbilli sint morbi maligni ? neg. an in variolis & morbillis regimen frigidum sit prosicuum ? aff. an bilis sit excrementum corporis inutile ? neg. resp . davide thomas , m. d. è coll. novo . quaestiones in philosophia discvtiendae in comitiis . an signatura corporis sit certus animi index ? aff. an ex falsis possit inferri verum ? aff. an imaginatio producat effectus reales ad extra ? neg. resp . fran. smith . a. m. è coll. magd. oxonii , ex officina leonardi lichfield , academiae typographi , anno dom. 1671. orders to be observed while his majestie, or the two houses of parliament continue in oxford agreed upon by the vice-chancellor and delegates, to be communicated to the heads of houses, and by them to their respective companies. university of oxford. 1681 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a53821 wing o903h estc r41599 31355651 ocm 31355651 110576 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53821) transcribed from: (early english books online ; image set 110576) images scanned from microfilm: (early english books, 1641-1700 ; 1751:29) orders to be observed while his majestie, or the two houses of parliament continue in oxford agreed upon by the vice-chancellor and delegates, to be communicated to the heads of houses, and by them to their respective companies. university of oxford. 1 sheet ([1] p.). s.n., [oxford? : 1681] manuscript note: "these ord's were printed 7. march (munday) 1680. & forthwith sent to the colleges & halls, to be posted up." place and date of publication suggested by wing (2nd ed.). reproduction of original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -ii, -king of england, 1630-1685. university of oxford -history -17th century. england and wales. -parliament. broadsides -oxford (england) -17th century. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion academia oxoniensis sapientiae et felicitatis . blazon of oxford university orders to be observed while his majestie or the two houses of parliament continue in oxford , agreed upon by the vice-chancellor and delegates , to be communicated to the heads of houses , and by them to their respective companies . i. that they admonish all such as are under their charge , that they appear no where abroad , without their caps and gowns suitable to their degree and condition ; and that their apparel be such as the statutes require . ii. that no scholar , of what condition soever , shall presume to go out to meet the king , either on foot , or horsback ; or to be at , or upon the way , where the king is to come . iii. that no scholar do disturb the court , or come nigh the places where the two houses of parliament , and their several committees do meet . iv. that the seats in st. maries , where formerly the doctors and masters did sit , be reserved for the members of the two houses of parliament : and that none other whatsoever , do presume to intrude . v. that the vice-chancellor , and proctors keep their seats as formerly . vi. that the several doctors , together with other heads of houses , canons of christ church , and noble-men ( who are actually members of the university ) sit in the middle gallary ; and the masters of arts in the two side gallaries . it is strictly required that the whole time , all persons observe the aforesaid orders , and abstain from going to taverns , coffee-houses , and other publick houses , and comport themselves with that sobriety and modesty as may tend to the reputation and honor of the university ; upon pain of being enter'd into the black-book and otherwise proceeded against as the crime shall require . the names of the masters of arts that have a procuratorial power given them , during his majesties abode in the vniversity . mr. isham ex aede christi . mr. sparke ex aede christi . mr. elwood è c. c. c. mr. massey è coll. mert. mr. harvey è coll , oriel . mr. aldworth è coll. magd. mr. masters è coll , novo . mr. balche è coll wadh. mr. burrington è coll. exon. mr. fry è coll , trin. mr. meers è coll. aen. nasi . mr. adams jun. è coll. linc. mr. orlebar è coll. om. au. these ords were printed 7. march ( munday ) 1680. & forthwith sent to the colleges & halls , to be poshed up . two speeches spoken by sir simonds d'ewes the first touching the antiquity of cambridge lately published by iohn thomas, with many ignorant and foolish mistakes which are here rectified : the other concerning the priviledge of parliament in causes civill and criminall. speeches. selections d'ewes, simonds, sir, 1602-1650. this text is an enriched version of the tcp digital transcription a67881 of text r13948 in the english short title catalog (wing d1256). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a67881 wing d1256 estc r13948 13023436 ocm 13023436 96648 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a67881) transcribed from: (early english books online ; image set 96648) images scanned from microfilm: (early english books, 1641-1700 ; 259:e196, no 24 or 259:e196, no 25) two speeches spoken by sir simonds d'ewes the first touching the antiquity of cambridge lately published by iohn thomas, with many ignorant and foolish mistakes which are here rectified : the other concerning the priviledge of parliament in causes civill and criminall. speeches. selections d'ewes, simonds, sir, 1602-1650. [2], 6 p. printed for thomas paybody ..., london : 1642. reproduction of original in thomason collection, british library. eng university of cambridge -history -early works to 1800. university of oxford -history -early works to 1800. england and wales. -parliament -jurisdiction. a67881 r13948 (wing d1256). civilwar no two speeches spoken by sir simonds d'ewes. the first touching the antiquity of cambridge, lately published by iohn thomas, with many ignoran d'ewes, simonds, sir 1642 974 5 0 0 0 0 0 51 d the rate of 51 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-12 spi global keyed and coded from proquest page images 2002-01 tcp staff (michigan) sampled and proofread 2002-01 tcp staff (michigan) text and markup reviewed and edited 2002-02 pfs batch review (qc) and xml conversion a speech spoken by sir simonds d'ewes , ( so neare as it could be collected together ) touching the priviledge of parliament in causes criminall and civill . at a committee of the house of commons in the guild-hall in london on the sixt day of ianuary 1641. sir ; i perceive that the maine doubt upon the late questioning of some of the members of the house of commons as whither or no there be any priviledge of parliament in matter of * treason or other capitall offences , in which i cannot deny but that there is a common saying ( and yet not more common then erroneous ) that priviledge of parliament doth not extend to felony and treason ; for there is a double priviledge of parliament , the one finall , and the other temporarie . our finall priviledge extends to all civill causes and suites in law , and that continues during the parliament . the other priviledge that is temporary extends to all capitall causes , as treason or the like , in which the persons and goods of the members of both houses are freed from seizure till the said houses be first satisfied of their crimes , and so doe deliver their bodies up to be committed to safe custody ; and the reason of it is evident because their crime must either be committed , within the same houses or without them ; as for example if any member of the house of commons be accused for treasonable actions or words committed or spoken within the walls of the same house then there is a necessitie that not only the matter of fact , but the matter of crime also , must bee adjudged by that house ; for it can appeare to no other court what was there done in respect that it were the highest treachery and breach of priviledge for any member of that house , to witnes or reueale what was there done or spoken without the leave and direction of the same house . and if it be for treason committed out of the house , yet still the house must bee fi●st satisfied with the matter of fact ; before they part with their members , for else all priviledge of parliament must of necessitie bee destroyed , and by the same reason that they accuse one of the said members they may accuse fortie , or fiftie , upon imaginary and false treasons , and so commit them to custody and deprive the house of their members ; whereas on the contra●y side the house of commons hath ever beene so just as to part with such members when they have beene discovered . as in the parliament de anno 27. of queene elizabeth . doctor parry being a member of the house of commons , had no articles of treason preferred against him till the house had discomposed him from being one of their members , and that the chiefe heads and branches of his said treason had beene made knowne unto the house partly by his owne confession , and partly by other proofes ; and yet if ever treason required a speedy tryall that did , for it concerned no lesse then the murder and assassination of the queene her selfe , [ see the origininall journall booke of the house of commons , de anno 27. regin . eliz. pag. 85 & pag. 103. ] and so likewise in master copleys case in the parliament in the last yeare of queene mary , who spake very dangerous words against the said queene ; yet it was tried in the house of commons as apeeares in the originall journall booke of the same house , and the said queene at their intreaty did afterwards remit it . but for the case of these gentlemen that are now in question it doth not yet appeare to us whether it bee for a crime done within the walles of the house of commons or without , so as for ought wee know the whole judicature thereof must first passe with us , for the lords did make an act declaratory in the parliament , roll de an. 4. e. 3. num. 6. that the judgments of peeres only did properly belong to them , so as i hold it somewhat cleere , that these gentlemen cannot bee condemned but by such a judgement onely as wherein the lords may joyne with the commons , and that must bee by bill ; and the same priviledge is to the members of the lords house , for wee must not thinke that if a private person should come there and accuse any of them of treason that they will at all part with that member , or commit him to safe custody till the matter of fact be first proved before them . t is true indeed that upon the empeachment of the house of commons for treason or other capitall crimes , they doe immediately commit their members to safe custody , because it is first admitted that we accuse not till wee are satisfied in the matter of fact , and secondly , it is also supposed in law that such an aggregate body as the house of commons is will doe nothing , ex livore , vel ex odio , seeing they are entrusted by the whole commons of england with their estates and fortunes . so as upon the whole matter , i conclude that the proceedings against these five gentlemen have beene hitherto illegall and against the priviledge of parliament . finis . notes, typically marginal, from the original text notes for div a67881e-30 * vide rot. ●ar . de an ●1 . & 32. ● . 6. n. 27. great news from oxford, or, an exact account of the several transactions of my lord lovelace in a letter to a friend h. t. 1688 approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a62567 wing t12 estc r29060 10804861 ocm 10804861 45977 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a62567) transcribed from: (early english books online ; image set 45977) images scanned from microfilm: (early english books, 1641-1700 ; 1390:22) great news from oxford, or, an exact account of the several transactions of my lord lovelace in a letter to a friend h. t. 1 broadside. published by richard janeway, [london] : 1688. signed: h.t. reproduction of original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng lovelace, john lovelace, -baron, 1638?-1693. university of oxford. english letters. 2008-01 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-03 elspeth healey sampled and proofread 2008-03 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion great news from oxford , or an exact account , of the several transactions of my lord lovelace , in a letter to a friend . loving friend , in my last i acquainted you that one thorp at the mitre-inn in oxon , was taken up for saying these words , that he hoped by christmas day to see oxon laid in ashes , and that if it lay in his power be would wash his hands in the earl of abbington's blood , or words to that effect : and now i shall let you know that the mayor took bail , one kimber , and one harding , two papists ; when the rabble knew who was his bail , there rose about three hundred all with clubs and staves , crying out , no popery ; and thenwent to all the papists houses in the town , and broke their windows , but especially thorps , and his two bail : that night these three went to london , and it 's thought , to make complaint . yesterday being wednesday , the 5th of december , there came in about eighty horse , stout men , well armed , commanded by captain winch and captain flyer , going , as 't is reported , into the west , but lodged at the angel-inn that night , who came out of herefordshire . about four of the clock in the afternoon came in my lord lovelace , with about five hundren horse , the greatest part gentlemen , and at the east-gate there met him the mayor and his brethren all in their formalities ; the recorder made a speech to him , and marched up the street in order as thus : first went my lord's sumpter horses at a good distance , then went the mayor with the mace , and his brethren all a-foot , just before my lord , and next to his lordship there were four priests or jesuits , which he brought from gloucester , all pinioned , and the rest rode in order six a-breast up to my lord's quarters , which was the cross-inn , with a multitude of spectators ; but about eight of the clock at night there came news that at a place called benson , and at wallingford there was about 1500 dragoons , and both places not above ten miles from oxon ; so the mayor raised all the trained-bands that live in this place , but i suppose it was by order of my lord , and so ordered about twenty to be upon magdalen bridge , and blockt up the said bridge with waggons and carts ; and it is reported , this day being thursday , they will pull up part of the bridge . that night they pulled up a bridge called osney , likewise kept a mighty strong guard all the night , but all was in safety as yet . this day being friday , about two of the clock in the night the trumpets sounded , and there was cryed , arms , arms ; my lord riding up and down the street , encouraged all people to arms , which i think there could not be less in number than four hundred musketeers , and about three hundred of the rabble with clubs and staves . at the same time magdalen bridge was broken down , and besides , the waggons and carts still remain upon the bridge , and about ten in the morning my lord dismissed all the foot , to be ready at the beat of drum. i should have told you that upon thursday the prince of orange's manifesto was proclaimed at carfax by one mr. mordant , my lord mordant's brother . this day being saturday , counsellor pudsey brought into this place about twenty men with horse and arms , and in the afternoon there came in thirty gentlemen with their sumpter horses , supposed to come from the prince , but i cannot learn who they are : and in the afternoon the lord lovelace caused the horse and foot to be drawn up , and the foresaid mr. mordant proclaimed and her declaration , for all papists to lay down their arm , and the like . this day being sunday , the 9th of december , nothing happened as yet ; but i am willing to let you know , i am yours , h. t. published by richard janeway in queens head alley in pater-noster row. 1688. orders agreed upon by the heads of houses for the preventing and quenching of fire university of oxford. 1671 approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a53817 wing o903d estc r41597 31355647 ocm 31355647 110574 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53817) transcribed from: (early english books online ; image set 110574) images scanned from microfilm: (early english books, 1641-1700 ; 1751:25) orders agreed upon by the heads of houses for the preventing and quenching of fire university of oxford. mews, peter, 1619-1706. 1 sheet ([1] p.). s.n, [oxford : 1671] signed: p. mews, vice-cancell. octob. 23. 1671. reproduction of original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng university of oxford -history -17th century. fire prevention -england -oxford. broadsides -oxford (england) -17th century. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion orders agreed upon by the heads of houses for the preventing and quenching of fire . that fifty pounds be forthwith rais'd by the university , and the respective colledges , ( of which summe the university is to pay ten pounds , ) for providing engines , ladders , &c. that the governors of the respective colledges , do deal effectualy with their tenants , within the university , that with all convenient speed , both their dwelling houses , and out houses be slatted or tyled ; and that no lease be hereafter renew'd to any such tenant , who shall refuse or neglect to slat or tyle their said houses accordingly . that every colledge and hall , provide a convenient number of buckets and ladders ; and signifie what provision they have made unto the vice-chancellor , within one month after the publication of these orders ; and as often as any of them shall be lost or decay'd , that the same number be immediately compleated , and made up again . that the governors of the respective colledges and halls , doe engage all bakers , brewers , cooks , chandlers and others with whom they have any dealing , forthwith to remove their wood-piles , and fewel of all forts , a convenient distance from the city , or otherwise to provide houses slatted or tyl'd to secure their fewel , hay , straw &c. ( as much as is possible ) from all danger of fire . and that the chandlers be also engag'd to remove their melting houses , to places where they may not annoy nor endanger their neighbours . and in case they or any of the foresaid persons shall refuse or neglect to doe accordingly , that then the heads of houses shall forbid all trading and dealing with them , for their respective colledges and halls . that all governours of colledges and halls , take effectuall care , that all sorts of fewel , hay &c. within the precincts of their respective houses be covered as aforesayd , or else so placed that they may not endanger any buildings . that diligent care be likewise taken that all chimneys be swept yearly before the feast of all saints , and that no fire be carryed about either from the kitchin , or from chamber to chamber in open shovells , but only in cover'd pans or any candles caryed into wood-houses , or places where any kind of fewel lies , except in lanthorns , and that a severe penalty be inflicted by order of the respective governours , upon all who shall presume to offend in these particulars . and furthermore , that all scholars be frequently admonish'd to take care , that at night the fire in their chambers be quench'd or securely cover'd , and that they place not their candles at their beds-heads : and to that end the respective governours are desir'd to command some officer of the house , to visit all chambers and cause all boards , which are placed for that purpose at any beds-head , to be remov'd and taken away , and likewise strictly to prohibit the use of hanging candlesticks . that when any new buildings are erected , care be taken that no timber be layd under the hearths of the chimneys . that when any fire shall happen in any colledge , or in the city , the respective governours cause their buckets and ladders , to be brought with all speed , to some place nere the fire , where they may be ready for use , and appoint some discreet person to see them dispos'd off . that when any fire shal happen abroad , the respective governors take care to restrain the scholars under their commands from going out , excepting such who will be assistant in quenching the fire ; and because at such times many wicked persons , take an opportunity , to break open chambers , and commit other villanies ; that the colledge gates be kept shut ( especially if the fire happen in the night ) and none admitted but such who are well known to the porter , or such persons as the governour of the house shall appoint to assist him . that no scholars presume upon any occasion to let off rockets or any other kindes of fire-works . that these orders be hung up in a frame in the halls of the respective houses , that so all persons concern'd may from time to time take notice of them . p. mews vice-cancell . octob. 23 , 1671. advertisements from the delegates of convocation for his majesties reception, for the heads of houses to deliver with great charge unto their companies. university of oxford. 1695 approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a53772 wing o860a estc r214676 99826769 99826769 31175 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53772) transcribed from: (early english books online ; image set 31175) images scanned from microfilm: (early english books, 1641-1700 ; 1769:10) advertisements from the delegates of convocation for his majesties reception, for the heads of houses to deliver with great charge unto their companies. university of oxford. adams, fitzherbert. 1 sheet ([1] p.) printed at the theater, oxford, : m.dc.xcv. [1695] signed at end: fitzherbert adams vice-can. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng william, -iii, -king of england, 1650-1702 -early works to 1800. university of oxford -early works to 1800. universities and colleges -england -oxford -early works to 1800. visits of state -england -oxford -early works to 1800. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion dominvs illvminatio mea blazon of oxford university advertisements from the delegates of convocation for his majesties reception , for the heads of houses to deliver with great charge unto their companies . 1. that they admonish all such as are under their charge , that they appear no where during the kings abode in the university , without their caps and gowns suitable to their degree and condition . 2. that no scholar of what condition soever , shall presume to go out to meet the king , either on foot or on horseback , or to be at , or upon the way where the king is to come ; but shall attend in that place and posture wherein he shall be required to be , upon notice from his superiors . 3. that on saturday morning novemb. the 9th . immediately upon the ringing of st. maries great bell , all persons , graduats and others , ( that do not ride out with mr. vice-chancellor ) forthwith repair to the schools quadrangle , there to remain till they have further orders , where to dispose of themselves for the more convenient and better reception of his majesty . 4. that at what time his majesty shall be pleased to accept of a banquet in the theater , the masters , who have procuratorial power , repair unto the apodyterium , to assist the curators in providing that all things may be performed with decency and order . 5. that during his majesty's stay in the theater , the area will be the place for his majesty and his retinue ; and that no person whatever presume to press or go into the said area , but such persons only as are of his majesties retinue , or otherwise appointed . it is strictly required , that during the time of this solemnity , all persons observe the aforesaid orders , and comport themselves with that sobriety and modesty , as may tend to the honour and reputation of the university . doctors in all faculties appointed to meet the king . dr. fitzherbert adams vice-can . dr. finch è coll. omn. an. dr. mill ex aula s. edm. dr. edwards è coll. jesu . dr. meare è coll. aen. nasi . dr. pudsey è coll. magd. dr. mander è coll. baliol. dr. sykes marg. prof. dr. dunster è coll. wadh. dr. charlett è coll. univers . dr. painter è coll. exon. dr. royse è coll. oriel . dr. luffe r. p. med. dr. king è , coll. mert. dr. bouchier r. p. jur. civil . dr. irish è coll. om. an. dr. aldworth è coll. d. j. bapt. dr. gibbs è coll. om. an. dr. traffles è coll. nov. dr. martin è coll. mert. dr. hanns ex aede christi . dr. hellier è c. c. c. dr. creed è c. c. c. dr. aldworth hist . camd. prof. masters of arts appointed to meet the king . proctors . mr. bagwell mr. waugh mr. codrington è coll. om. an. mr. almont è coll. trin. mr. bertie è coll. univers . mr. bourne ex aede christi . mr. watkins ex aede christi . mr. walker è coll. oriel . mr. white è coll. bal. mr. holland è coll merton . mr. whiting è coll. wadh. mr. wase è c. c. c. mr. greenway è coll. nov. mr. bisse è coll. nov. mr. bernard è coll. d. j. bapt. mr. bartholomew è coll. linc. mr. brown è coll. aen. nas . mr. tho. holt. è coll. magd. mr. sam. adams è coll. magd. mr. davies è coll. jesu . mr. sloper è coll. pemb. mr. whitehall ex aula b. m. v. the names of the masters of arts that have a procuratorial power given them during his majesty's abode in the university . mr. freind ex aede christi . mr. wells ex aede christi . mr. kenton è coll. mag. mr. bagshaw è coll. mag. mr. barker è coll. nov. mr. creech è coll. om. an. mr. offley è coll. om. an. mr. tisser è coll. mert. mr. buckeridge è c c. c. mr. smith è coll. d. j. bapt. mr. norris è coll. aen. nasi . mr. allen è coll. univers . mr. wise è coll. exon. mr. atkinson è coll. reg. mr. fifeild è coll. trin. mr. theed è coll. lincoln . mr. gerard è coll. wadh. mr. baron è coll. baliol mr. winne è coll. jesu . mr. goddard è coll. pembr . mr. randall ex aula magd. mr. martin ex aula cerv. fitzherbert adams vice-can . oxford , printed at the theater , m. dc . xcv . publish'd nov. 8 1695 epulæ oxonienses. or a jocular relation of a banquet presented to the best of kings, by the best of prelates, in the year 1636, in the mathematick library at st. john baptists colledge. gayton, edmund, 1608-1666. 1661 approx. 6 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a42532 wing g411 estc r218311 99829918 99829918 34365 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a42532) transcribed from: (early english books online ; image set 34365) images scanned from microfilm: (early english books, 1641-1700 ; 2029:27) epulæ oxonienses. or a jocular relation of a banquet presented to the best of kings, by the best of prelates, in the year 1636, in the mathematick library at st. john baptists colledge. gayton, edmund, 1608-1666. 3, [1] p. : music by w. hall, [oxford : ca. 1661] caption title; the first page contains verses signed: ed. gayton. imprint from wing. verses written upon the occasion of the king and queen's visit to oxford university in 1636. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng university of oxford -poetry -early works to 1800. great britain -history -charles i, 1625-1649 -poetry -early works to 1800. 2003-03 tcp assigned for keying and markup 2003-04 apex covantage keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion epulae oxonienses . or a jocular relation of a banqvet presented to the best of kings , by the best of prelates , in the year 1636 , in the mathematick library at st. iohn baptists colledge . the song . i. it was ( my staff upon 't ) in thirty six , before the notes were wrote on great don quix that this huge feast was made by that high priest , who did caress the royalist of guests . oves and boves , yes and aves too pisces , and what the whole creation knew . ii. for every creature there was richly drest , as numerous as was great nevils feast , here we crave leave only to make you smile ( for in the terme we must be grave a while ) at the exhibit of a banquet brought where all our gown-men , were in marchpane wrought . iii. the ladies waterd ( 'bout the mouth ) to see and tast so sweet an universitie . in mighty chargers of most formal past a convocation on the board was plac't : in capp and hood and narrow-sleeved gown just as you see them now about the town : iv. with this conceited difference alone , the scholars now do walk but then did run there might you see in honour of his place mr. vice-chancellor with every mace. the greater staffs in thumping marchpane made in smaller , the small stick of the small blade . v. and after these , as if my brethrens call had fetch 't them up , ( sol , hal , & stout wil : ball ) in humble postures of a bowing leg , appear'd the doctors , masters , reg. non reg. then in a mass a sort of various capps , ( but could not hum , for sealed were their chaps ) vi. crouded the senate , as if they 'd mind to heare some speech , or fall upon themselves the cheare , it put their majesties unto the laugh , to see the bedels resigne up every staff , and were eat up , not as it us'd to be returned by his gracious majestie . vii . i think that ieffry waiting on the q●een . devoured at one champ the verger clean . but then ( o rude ! ) as at a proctors choice in run the masters , just like little boyes . so did the ladies , and their servants fall , upon the marchpane-shew , doctors and all . viii . the noble men like to clarissimos , grandees of venice , did adorne these shews in velvet round caps some , and some in square , ( a spectacle most excellent and rare ) but their good ladyships most curteously simperd , and eat the soft nobilitie . ix . never was oxford in such woful case , unless when pembroke did expound the place : here lay a doctors scarlet , there a hood trod under foot , which others snatch'd for food capp , gowns , and all formalities were rent , as if the shew had been i th' schools at lent. chorus . if in the trojan horse inclosed were men of the helmet , target , sword and speare , if by ingenious pencil ere was cut the learned homers illiads in a nut , why in a bisk or marchpane oleo might not a convocation be a shew . where for to please the beauteous ladies bellies , masters were set in past , scholers in iellies . ed. gayton . it was ( my staff upon 't ) in thirty six , before the notes were wrote on great don quix that this huge feast was made by that high priest , who did caress the royalist of guests , oves and boves , yes and aves too , pisces , and what the who le creation knew . 3. voc. the chorus at last . if in the trojan horse inclosed were , men of the helmet , target , if by in — genious pencil ere was cut , the learned homers illiads if in the trojan horse inclosed were , men of the helmet , target if by in — genious pencil ere was cut , the learned homers illiads if in the trojan horse inclosed were , men of the helmet , target , if by in — genious pencil ere was cut , the learned homers illiads sword and speare : why in a bisk of marchpane oleo in a nut. sword and speare . why in a bisk of marchpane oleo in a nut. sword and speare : why in a bisk of marchpane oleo in a nut. might not a convocation be a shew , where for to please the beauteous might not a convocation be a shew , where for to please the beauteous might not a convocation be a shew , where for to please the beauteous ladies bellies , masters were set in past , scholars in jellies . ladies bellies , masters were set in past , scholers in jellies . ladies bellies , masters were set in past , scholers in jellies . a letter from a scholar in oxford to his friend in the country shewing what progresse the visitors have made in the reformation of that university, and what it is that obstructs it. brathwaite, richard, 1588?-1673. this text is an enriched version of the tcp digital transcription a48034 of text r34524 in the english short title catalog (wing l1435). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a48034 wing l1435 estc r34524 14473101 ocm 14473101 102423 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a48034) transcribed from: (early english books online ; image set 102423) images scanned from microfilm: (early english books, 1641-1700 ; 1063:8) a letter from a scholar in oxford to his friend in the country shewing what progresse the visitors have made in the reformation of that university, and what it is that obstructs it. brathwaite, richard, 1588?-1673. [2], 5 p. s.n.], [s.l. : 1647. attributed to richard braithwaite in the wrenn catalogue--nuc pre-1956 imprints. reproduction of original in the university of illinois (urbana-champaign campus). library. eng university of oxford -history. a48034 r34524 (wing l1435). civilwar no a letter from a scholar in oxford, to his friend in the countrey: shewing what progresse the visitors have made in the reformation of that u brathwait, richard 1647 1645 4 0 0 0 0 0 24 c the rate of 24 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2003-02 tcp assigned for keying and markup 2003-03 aptara keyed and coded from proquest page images 2003-04 mona logarbo sampled and proofread 2003-04 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion a letter from a scholar in oxford , to his friend in the countrey : shewing what progresse the visitors have made in the reformation of that vniversity , and what it is that obstructs it . academia · oxoniensis · sapientia et felicitate printed in the yeare , 1647. a letter from a scholar in oxford , to his friend in the countrey . sir , i writ to you yesterday by your good friend master p. but in such haste , and so abruptly , that it cannot in any measure answer either your expectation or my desires of satisfying you . i know you must needs long to heare what progresse is made in our visitation : truly so little , that i cannot well tell whether it be begun . friday iune 4. was designed for the day ; and the visitors from london had peremptorily resolved to be here , and were as confidently expected . but they were diverted by the unexpected newes of the armies rebelling against the two houses , together with a high mutiny of the garrison here ( two dayes before the visitors should have come downe ) who not only refused to disband , but detained the 3500. l. which was sent downe to pay them upon their disbanding . the parliament , while the money was upon the way hither , being informed that they meant not to disband , sent post after the money , to have it brought back : but their menssenger was too slow ; for it was got into oxford before he overtooke it : and the garrison notwithstanding the parliaments command , were resolved not to part with it . whereupon the convoy of dragoones , who had guarded it from london hither , attempting to have it back againe , the garrison-souldiers fell upon them in the high street ( the money standing loaden betwixt them ) wounded many of them , and quickly beat them out of the towne , leaving their money and their waggon & teeme of horses behind them . this , with the high demands of the army ( which fell out very opportunely at the same time ) made sir nathaniel brent , and those other gentlemen which should have accompanied him hither , begin to look about them , and to be think themselves whether it were not better to keep in london then to adventure themselves at oxford amongst a company of malignant scholars , and an independent garrison that had already put such an affront upon the parliament especially there being a great party of horse then lying quartered about ox. sent from the army to secure the traine of artillery here , upon an information that there was a designe to seize upon it , and remove it to london . the result was , that ( though on the thursday following , iune 3. merton colledge great gates were set wide open to receive them and great preparations made for their entertainment there ; and the poore scholars generally quaking at the approach of their doomesday , the rather in regard they had declared but three days before against the covenant , yet ) the gentlemen came not . onely a packet of letters was brought from them to the ministers here , to let them know that they should not expect them till the long vacation . hereupon we conceived ( and we thought we had some reason for it ) that the visitation would be adjourned till that time : never imagining that the ministers ( especially considering the present posture of affaires ) would have had the courage to undertake it themselves . though by the way let me tell you , that had the rest all of them come , yet the university had before-hand resolved not to appear or submit to their visitation , otherwise then with a [ salvis nobis & academiae omnibus juribus , privilegiis , immunitatibus , &c. ] to be delivered to them in writing by the proctors and heads of houses . nay it was put to the question ( but waved ) whether we should appeare at all : upon this supposed ground that they had no lawfull authority to visit us . but the next morning , contrary to every bodies expectation , we understood that the * ministers ( forsooth ) assisted by one master dunce of pizzy , master draper ( a new-made justice , and a committee-man for this county ) and another of the wilkinsons , which three were come to towne for that purpose , supposing the rest would have done the like ( and indeed some others there were in towne ; one , i am certaine ▪ but he thought it more prudence not to be seene among them ) intended to proceed in the businesse . to be short ( for i perceive i am already become tedious in my relation ) the bell rung out for the visitation-sermon ; m. harris preached it ; the greatest part of the university were present . sermon ended ( but it was very long first ; for which we doe freely forgive him ) we hasted away ( the visitors following after more gravely & leisurely ) to the schooles : where the vicechancellour , the doctors and proctors , with diverse other members of the university had attended ( according to the citation ) from nine of the clock . no sooner were we come thither but the clock struck eleven : and i can assure you there was no foul play in it ; for to prevent all cavill , the vicechancellour , when he perceived it to draw towards eleven sent a command to the sexton that he should be carefull to observe the sun , and see that his clock kept pace with it exactly . this faire advantage being thus unexpectedly offered us ( for which we have none to thank but the preacher , one of themselves ) we thought we had no reason but to embrace it : and therefore , upon the striking of the clock , we enter'd immediately into the convocation-house , and there declared ( by the mouth of the proctor ; whereunto we have the attestation of a publike notary ) that whereas by vertue of an ordinance of the two houses we had beene cited to appeare there this day between the houres of nine and eleven in the forenoone , we had obeyed : and because the time limited was now expired , we held our selves not obliged to any further attendance . whereupon the vicechancellour gave command that we should every man forthwith repaire home to our severall colledges . in our returne ( the vicechancellour and doctors marching in a full body , with the bedells before them ) we met the visitors just in the proscholium ; where the passage ( you know ) being somewhat narrow , one of the bedells called to them [ roome for m. vicechancellour ] whereupon they were pleased to deny selfe , and gave the way . the vicechancellour ( very civilly ) moved his cap to them , saying [ good morrow gentlemen ; t is past eleven a clock ] and so passed on without taking any further notice of them . upon this , there followed a great humme , and so we parted ; they ●●lding on to their visitation-house , and we home to dinner . they sate about an houre that day ( looking one upon another ) and have met severall times since ( m. principall roger● being chair-man : ) but what they doe when they are togther , or how they put off the time ▪ i am not able to informe you : for , to tell you the plaine truth , we never heed them . this carriage of ours they take very ill , and looke upon it as a high contempt . we , on the other side , thinke we are very well able to justifie what we have done ; and are of opinion that they are quite out , and must begin again , if they mean to doe any thing : conceiving that we are not bound to make any further appearance , unlesse we have a new citation ; the former being rendered null through their default . sir , let me crave your opinion of the case , and your favourable acceptance of this impertinent paper , that presumes thus to break in upon you , and disturb your thoughts , which ( doubtlesse ) are now fixed upon a businesse of much greater concernment , the present contestation between the two houses and the army . however , i doe not at all doubt but you will pardon this injury , when you shall finde that it is done you by your very affectionate friend . oxford . iune 25. 1647. post-script . yesterday doctor shelden and doctor hammond ( two of his majesties chaplaines ) went from hence towards saint albans , upon a command sent them to come and attend their master : a favour which he had long begged of the two houses , and hath now ( it seemes ) obtained it of the army . whereat master cheynell here is very angry , and stormes extremely , if any body cared for it . the poore man , god helpe him , hath utterly lost his patience , and ( truly i am afraid ) something else . the end . notes, typically marginal, from the original text notes for div a48034e-120 * m. rogers . m. harris . m. reynolds . m. wilkinson . m. cheynell . the vice-chancellour and heads of houses, with the rest of the delegates, reflecting upon, and taking into consideration the disturbances, disorderly carriages, and incivilities of many younger scholars of this university in publike meetings ... university of oxford. this text is an enriched version of the tcp digital transcription a53815 of text r41808 in the english short title catalog (wing o903b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a53815 wing o903b estc r41808 31363609 ocm 31363609 110790 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53815) transcribed from: (early english books online ; image set 110790) images scanned from microfilm: (early english books, 1641-1700 ; 1751:23) the vice-chancellour and heads of houses, with the rest of the delegates, reflecting upon, and taking into consideration the disturbances, disorderly carriages, and incivilities of many younger scholars of this university in publike meetings ... university of oxford. greenwood, daniel. 1 sheet ([1] p.). printed by leonard lichfield, printer to the university, oxford : a.d. 1652. at head of sheet: oxon. iuly 5th. 1652. signed: dan. greenwood vice-can. reproduction of original in the bodleian library. eng university of oxford -history -17th century. broadsides -oxford (england) -17th century. a53815 r41808 (wing o903b). civilwar no the vice-chancellour and heads of houses, with the rest of the delegates, reflecting upon, and taking into consideration the disturbances, d university of oxford 1652 261 1 5 0 0 0 0 230 f the rate of 230 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2007-12 elspeth healey sampled and proofread 2007-12 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion acade ▪ mia . oxoni . ensis . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . oxon. iuly 5th . 1652. the vice-chancellour and heads of houses , with the rest of the deligates , reflecting upon , and taking into consideration the disturbances , disorderly carryages , and incivilities , of many younger scholars of this university in publike meetings , and especially , at the publike solemnities of the act , partly by hummings and other clamorous noyses , on purpose raised and made ; and partly by preoccupying , and intruding into the seates and places belonging to superiours and strangers ; doe hereby strictly require and forewarne , all scholars and others to forbeare the making any such disturbance by the hummings and clamours before mentioned . and all under-graduats and juniors , not to presume to take up the places belonging to their superiours or strangers ; and in case any shall be taken notice of to offend in the kinds aforesaid ( for discovery of whom the proctors with their deputies , and all masters of arts are hereby desired to be assisting ) they shall be proceeded against and brought to condigne punishment , by suspension from their degrees , or the undergoing of such other penalties , as the statutes of the university in these or the like cases provide to be inflicted . dan. greenwood vice-can. . oxford printed by leonard lichfield printer to the university a. d.. 1652. notes, typically marginal, from the original text notes for div a53815e-30 tit. 7. sec. 2. §7 . & tit. 15. §1 . the svvorne confederacy between the convocation at oxford, and the tower of london. this text is an enriched version of the tcp digital transcription a79478 of text r201548 in the english short title catalog (thomason e391_4). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 16 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79478 wing c3817 thomason e391_4 estc r201548 99862047 99862047 114196 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79478) transcribed from: (early english books online ; image set 114196) images scanned from microfilm: (thomason tracts ; 62:e391[4]) the svvorne confederacy between the convocation at oxford, and the tower of london. cheynell, francis, 1608-1665. [2], 10 p. [s.n.], london : printed in the yeare, 1647. june the 5th [1647] sometimes attributed to francis cheynell; madan gives reasons to doubt cheynell's authorship. annotation on thomason copy: "by fran: chenilie". reproduction of the original in the british library. eng university of oxford -history -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a79478 r201548 (thomason e391_4). civilwar no the svvorne confederacy between the convocation at oxford, and the tower of london.: cheynell, francis 1647 2701 3 0 0 0 0 0 11 c the rate of 11 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-04 tcp assigned for keying and markup 2007-04 apex covantage keyed and coded from proquest page images 2007-05 mona logarbo sampled and proofread 2007-05 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the svvorne confederacy between the convocation at oxford , and the tower of london . london , printed in the yeare , 1647. june the 5th the sworne confederacy between the convocation at oxford , and the tower of london . my lords and gentlemen ; you are desired to heare what 's the best newes in the middle region . i had lately the honour to meet with one of the secretaries of art and nature , who assured mee that there was pretty sport at oxford . there are some right worthy doctors who are sick of the kings-evill , but dare not goe to holdenby to bee cured ; for though they say the kings hand works more miracles since this truce , then it did all the time of the warres ; yet he cures none but such as are willing to be cured . it is observed by some , that there is most spirituall wickednesse in all-soules at oxford . upon the 26. of may , divers subtlle doctors had a meeting very late at night at dr. sheldens lodging , to try whether they could out-plot those , whom they could not out-pray upon the 26. of may , being our monethly fast . on thursday the 27. they met at dr. fell's house the pretended vice-chancellor , or deputy of marquesse hertford ; and on friday the 28. of may , being the last friday of the moneth , the malignants common fasting-day , ( a day strictly observed as i hear at christ-church in oxford , by the dean , sub-deane , and canons ) they called a vestrie , that they might choose out some bold delegates to oppose the visitors ( who are to meet iune the 4th . ) and hinder a reformation . but it seemes they could not worke miracles upon that fasting-day ; and therefore they adjourned to the 31. of may , an happy season , for then they unanimously agreed to call a convocation , which they did upon the first of iune ; and being assembled , dr. fell made a speech without feare or wit , in which hee called those that took the covenant , perfidious persons & traitors . upon a sad debate it was agreed , that certaine reasons , ( called just scruples ) should bee tendred to justifie such as refuse to take the nationall covenant , and the negative oath . these reasons were not communicated then , for they were not so much as read in the convocation house ; but they were received with an implicite faith ; and if any man would question the fidelity or wisedome of dr. shelden , and the rest , he was to have satisfaction in his private college ; and yet ( as i am informed ) in their private colleges the heads doe onely use it for the strengthning and arming of their owne party against the covenant , & corrupting of some youths , that are not able to distinguish between pretences and arguments ; for at trinity college , mr. vnet fellow of the house could not obtaine a sight of the reasons . haniball ( p. ) was not so great an enemy to rome , as to divulge the secrets of the conclave to mr. vnet , a knowne friend to the parliament . the grand designe is to unite the whole university in a body that they may joyne together as one man , to oppose a reformation , and then they hope all to escape by a generall mutiny , the ring-leaders as well as their followers : but if the parliament allow them the benefit of their clergy , the law of decimation may behead some colleges , and make a perfect cure . the mysterie of iniquitie . workes highest in dr. shelden , who is the eldest son of prince lucifer , and who holds correspondence with honest judge ienkins ( in the tower ) who lent him money , when he run away into wales in the yeare 1642 , for feare of pursevants , as mr. iones observed ; the scouts to convey letters or intimations are dr. morley , who lyes lieger at london ( as some whisper here in the city ) dr. stutville , who pretends to be in france ; ● . the printer is suspected also , and so is our good friend and neighbour lambert osbolston , ( the malignant earewig to the nobles ) who playes falt and loose , elects schollars at westminster , as if he were a friend to the parl. intercedes for malignants , and carries messages in stead of letters for feare of being searched , whereby it is evident that he is an enemy to the parl. and therefore it is fit that he should bee sent once more beyond canterbury . you may take notice that the first scruple ( in the new scruple-house erected at oxford , iune 1 ) is this , whether the house of commons should be owned and acknowledged as a parliamentary house ? the reason whispered is , because there are so many new members chosen in by vertue of the new great-seale without his majesties coment. this designe is smoothly carried , yet sufficiently discovered , and almost confessed by that deliberate and advised omission in their preface to their other just scruples ; the words run thus . whereas by an ordinance of the lords assembled in parliament for the visitation and reformation of the university of oxford lately published , power is given to certaine persons therein named , to inquire 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 . wee the masters , schollars , and other officers of the said university ( not to judge the consciences of others , but ) to cleare our selves before god and the world , from all suspition of obstinacy , whilest we discharge our owne , present to consideration the true reasons of our present judgement concerning the said covenant , oath and ordinances , expecting so much justice , and hoping for so much charity , as either not to bee pressed to conforme to what is required in any of the premisses , farther then our present judgement will warrant us , or not condemned for the refusing so to doe , without cleare and reall satisfaction given to our iust scruples . this is just judge ienkins , the house of commons must not bee acknowledged for one of the houses of parliament , so that the learned dr. shelden and judge ienkins are entred into a confederacy against the house of commons , the directory , and the discipline established by both houses of parliament ; and therefore it is a confederacy against the lords also . they insist not much upon the introductory preface to the covenant ; they pretend that they are not able to say , that the rage , power , and presumption of the enemies of god ( in the sense therein intended ) is at this time increased , whereas their present confederacy against the house of commons makes it most cleare and evident : never did the enemies of god rage more furiously in oxford , then now they doe . nay , they are so high and gallant , that they professe that they will not bee satisfied , although the covenant should not be imposed upon them at all , for if it be but onely recommended to them and then left to their choice , yet being subjects they cannot of their owne free-will enter into any covenant wherein his majesty is concern'd without his consent , it being in his power by the equity of the law , nugmb . 30. to anull such a league as soon as he pleaseth . besides , it is contrary to the proclamation the 9 of october 19 caroll , and they are obliged by their naturall allegiance to obey all commands of his majestie , which are not in their apprehensions repugnant to the will of god , or the positive lawes of the kingdome : from whence it will follow , that one proclamation of the kings is ground susficient for them to oppose all orders and ordinances of parliament ; whereas i was such a foole to conceive , that upon the surrender of oxford they did agree to submit to all orders and ordinances of parliament , or leave the kingdome within 6 moneths : they may be fully assured that the parliament will not permit them to stay here , only to rebell . concerning the first article of the covenant . they are not satisfied how they can in judgement sweare to indeavour to preserve the religion of another kingdome . 1. whereof they have little knowledge . 2. a religion in respect of worship , discipline , and government , much worse , and in doctrine not at all better ( say they ) then our owne , which we are in the next passage of the article required to reforme . 3. wherin they do already finde something to their thinking tending towards superstition and schisme ( viz. in accounting bishops antichristian , and indifferent ceremonies unlawfull ) that it seems to us more reasonable that we should call upon them to reform the same , then that they should call upon us to preserve it , considering that they make their discipline and government ( as they that are most prelaticall esteem prelacy ) a marke of the true church , and the setting up thereof the erecting of the throne of christ . finally they all doe tacitely accuse both houses of parliament of indeavoring to violate the oath of supremacy : the whole pover of spirituall jurisdiction for the visitation and reformation of the ecclesiasticall state , and persons , belonging to the kings highnesse the onely supreme governour of this realm . concerning the second article . they are much offended , that it should be so much as intimated , that prelacy is contrary to sound doctrine , and the power of godlinesse : and therefore they have invented this mock article , intended as a libell against the citie of london and the government thereof , their words are these : wee desire it may be considered , in case a covenant of the like forme should be tendred 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 citie-government by a lord major , alderm●n , sheriffs , common . councell , and other officers depending thereon , murther , adultery , theft , cozenage , and whatsoever shall be contrary to sound doctrine and the power of godlinesse , 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 iustice , meekenesse , and reason ? they thinke that they have reason to believe , that prelacy ( they must understand it of such a prelacy as wee would have rooted out of england ) was established in the churches by the apostles according to the mind , and after the example of their master jesus christ ; and that by vertue of their ordinary power ( and authoritie derived from him ) as deputed by him governours of his church . 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 doe pretend thereunto , viz. that of the papall monarchy , that of the presbyterian democracy ( aristrocracy they should have said ) and that of the independents by particular congregations , or gathered churches . moreover , they are assured by the undoubted testimony of ancient records and latter histories , that prelacy hath been continued with such an universall , uninterrupted , unquestioned succession of all the churches of god , and in all kingdomes that have beene called christian throughout the whole world for 1500 yeares together , that there never was any considerable opposition made there against . what they may prove by latter histories i know not , but sure i am , it is a folly to cite late histories , to prove what was done 1500 yeares agoe , and i am most sure , that all the prelates and their adherents in england , can never prove , that such a prelacy as we desire to extirpate , hath been for 1500 yeares established in all the churches of christ . but their truest reason and saddest scruple , is this that followes : wee doe ( say they ) some of us hold our liveli-hood , either in whole or in part , by those titles of deanes , deanes and chapters , &c. mentioned in the articles , being members of some collegiate and cathedrall churches . if they had put this formost i should have been sooner satisfied , but i must break off being called to other service ; you may have more hereafter if opportunitie permit : in the meane time , take notice how much the house of commons is slighted , as if not worthy to be named , in their preface : 2. how grossely they abuse the church of scotland , and citie of london : 3. how they combine against all presbyterians and independents , that is , against all the friends of the parliament : 4. how they declare all that have taken the covenant , lords and commons , to be perjured persons , men that have shaken off their allegiance , and renownced the kings supremacy : 5. ( they say ) what i cannot omit ; that if wee receive not prelacy upon the grounds they offer , the judgement and practice of the vniversall church , we shall be at a losse in sundry points both of faith and manners at this day firmely beleeved , and securely practised by us , when by the socinians , anabaptists and other sectaries , we are called upon for our proofes : as namely , sundry orthodoxall explications concerning the trinitie and co-equalitie of the persons in the godhead , against the ari●ns and other heretiques , the number , use , and efficacy of sacraments , the baptizing of infants , nationall churches , the observation of the lords day , and even the canon of scripture it selfe . but stay , may not the scripture be sufficiently known by its own majestie , light and glory , by the testimony of the spirit , speaking in the word to our hearts and conferences ? and are not the scriptures perfect , and therefore sufficient for reproofe and correction without ecclesiasticall traditions ? and are not all those reverend divines , and other learned men who have taken the covenant , able to refute socinians , papists , arminians , anabaptists , without the helpe of the prelaticall partie ? if they be not , wee will send to doctor shelden and judge ienkin for their assistance . so much for the oxonian ienkinisme . finis . notes, typically marginal, from the original text notes for div a79478e-100 observe that have a no mention of the commons . by order from mr. vice-chancellour. these are to give notice that whereas thomas dye and john fosset hath without licence from mee, and in contempt of the chancellor, masters and scholars of this university (to whom the ordering and governing of all carriers of what kind soever tradeing to or with the university and city of oxford doth of right belong) ... university of oxford. 1671 approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a53778 wing o863d estc r214682 99826773 99826773 31179 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53778) transcribed from: (early english books online ; image set 31179) images scanned from microfilm: (early english books, 1641-1700 ; 1769:14) by order from mr. vice-chancellour. these are to give notice that whereas thomas dye and john fosset hath without licence from mee, and in contempt of the chancellor, masters and scholars of this university (to whom the ordering and governing of all carriers of what kind soever tradeing to or with the university and city of oxford doth of right belong) ... university of oxford. mews, peter, 1619-1706. 1 sheet ([1] p.) s.n.], [oxford : 1671. title from heading and first lines of text. signed and dated at end: peter mews vice chancel: oxford april 27. 1671. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dye, thomas -early works to 1800. fosset, john -early works to 1800. university of oxford -history -sources -early works to 1800. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion by order from mr vice-chancellour . these are to give notice that whereas thomas dye and john fosset hath without licence from mee , and in contempt of the chancellor , masters and scholars of this vniversity ( to whom the ordering and governing of all carriers of what kind soever tradeing to or with the vniversity and city of oxford doth of right belong ) presumed to set up a flying coach to travaile from hence to london : these are to require all scholars , priviledged person and members of this vniversity , not to travaile in the said flying-coach set up by thomas dye and john fosset , nor to send letters or any goods whatsoever by the flying coach aforesaid . peter mews vice-chancel : oxford april 27. 1671. doctors in all faculty's appointed to meet the king university of oxford. 1687 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a53794 wing o874 estc r7833 13724742 ocm 13724742 101575 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53794) transcribed from: (early english books online ; image set 101575) images scanned from microfilm: (early english books, 1641-1700 ; 846:21) doctors in all faculty's appointed to meet the king university of oxford. 1 sheet ([1] p.) s.n., [oxford : 1687] place and date of publication from wing. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng university of oxford -faculty. broadsides -england -oxford (oxfordshire) -17th century 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion doct●●● in all faculty's appointed to meet the king dr. harsnett ex aed . ch. dr. breach ex aed . ch. dr. beale c. c. c. sr. tho. clayton dr. say dr. broughton è coll. om. an. dr. pudsey e coll. magd. dr. halton dr. mill ex aul. edm. dr. levett ex aul. magd. dr. beeston dr. bourchier dr. gould e coll. wadh. dr. levinz dr. rudston coll. d. joh. dr. fry e coll. trinit . dr. venn dr. bury dr. edwards dr. meer dr. hall dr. eaton dr. luffe dr. bayley ex aul. n. hosp . masters of arts appointed to meet the king . mr. finch warden of all-souls mr. clerke e coll. om. an. mr. atterbury ex aede christi mr. taylor e c. c. c. mr. edwards e coll. merton mr. kinsey e coll. oriel mr. walker m aster of univ. coll. mr. bateman of univ. coll. mr. hyde e coll. magd. mr. halton e coll. reg. mr. mundy e coll. novo mr. dunster e coll. wadh. mr. delanne e coll. d. joh. mr. howe e coll. trinit . mr. white e coll. baliol mr. jenkins e coll. jesu mr. hopkins e coll. linc. mr. entwisle e coll. aen. n. mr. cowcher e coll. pembr ordered by the delegates of the convocation for his majesties reception . at the ringing of st. maries great bell ( at a time appointed by mr. vice-chancellor ) the doctors and masters above written shall repair to wadham college-gate and from thence together with mr. vice-chancellor shall ride two and two to meet the king according to their seniority in the university , every doctor riding upon a foot-cloth and wearing a scarlett gowne . both the proctors to ride upon foot-cloths wearing their usuall habitts . and every master of arts upon a foot-cloth and wearing a wide sleeved gowne and silk hood ( which gownes and habitts they shall wear as often as they shall appear upon any publick account in the university ) the three esq bedells shall also ride before mr. vice-chancellor in their formality's upon foot-cloths bearing their staves . aug. 26. 1687. ben. cooper reg st . universitatis oxon. by order from mr. vice-chancellor. vvhereas thomas dye and john fosset, have without licence from mee, and in contempt of the chancellor, masters and scholars of this university (to whom the ordering and governing of all carriers of what king soever, trading to or with the university and city of oxford, doth of right belong) ... by order from mr. vice-chancellour. university of oxford. 1672 approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a53781 wing o863g estc r214686 99826775 99826775 31181 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53781) transcribed from: (early english books online ; image set 31181) images scanned from microfilm: (early english books, 1641-1700 ; 1769:16) by order from mr. vice-chancellor. vvhereas thomas dye and john fosset, have without licence from mee, and in contempt of the chancellor, masters and scholars of this university (to whom the ordering and governing of all carriers of what king soever, trading to or with the university and city of oxford, doth of right belong) ... by order from mr. vice-chancellour. university of oxford. mews, peter, 1619-1706. 1 sheet ([1] p.) s.n., [oxford : 1672] title from heading and first lines of text. signed and dated at end: p. mews vice-chan. oxford feb. 23. 1671. [i.e. 1672]. another edition of the order dated april 27, 1671. year given according to lady day dating. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dye, thomas -early works to 1800. fosset, john -early works to 1800. university of oxford -history -sources -early works to 1800. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion by order from mr vice-chancellor . vvhereas thomas dye and john fosset , have without licence from mee , and in contempt of the chancellor , masters and scholars of this vniversity ( to whom the ordering and governing of all carriers of what kind soever , trading to or with the vniversity and city of oxford , doth of right belong ) presumed to set up a coach to travail from hence to london : these are to require all scholars , priviledged persons and members of this vniversity , not to travail in the said coach set up by thomas dye and john fosset , nor to send letters or any goods whatsoever by the aforesaid coach. p. mews vice-chan . oxford feb. 23. 1671. oxford besiedged surprised, taken, and pittifully entred on munday the second of iune last, 1645. by the valiant forces of the london and westminster parliament. written, by a trusty wellwisher of theirs, who sted-fastly hopes, and heartily prayes, they may have the like prosperous successe in all their future undertakings. the writers name and surname begins with the 9th letter of the greeke alphabet, io-ta. taylor, john, 1580-1653. this text is an enriched version of the tcp digital transcription a64191 of text r222419 in the english short title catalog (wing t494). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 16 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a64191 wing t494 estc r222419 99833597 99833597 38075 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a64191) transcribed from: (early english books online ; image set 38075) images scanned from microfilm: (early english books, 1641-1700 ; 2179:4) oxford besiedged surprised, taken, and pittifully entred on munday the second of iune last, 1645. by the valiant forces of the london and westminster parliament. written, by a trusty wellwisher of theirs, who sted-fastly hopes, and heartily prayes, they may have the like prosperous successe in all their future undertakings. the writers name and surname begins with the 9th letter of the greeke alphabet, io-ta. taylor, john, 1580-1653. [1], 7 p. by l. lichfield], [oxford : printed in the last year of the parliament's raigne, 1645. "a trusty wellwisher" = john taylor. place of publication and printer from wing. a humorous account of a pretended capture of oxford on june 2, the same day the royalists made a successful sortie at headington hill. some print show-through. reproduction of the original in the bodleian library. eng university of oxford -humor -early works to 1800. england and wales. -parliament -humor -early works to 1800. royalists -humor -early works to 1800. peace -controversial literature -humor -early works to 1800. great britain -history -civil war, 1642-1649 -humor -early works to 1800. a64191 r222419 (wing t494). civilwar no oxford besiedged, surprised, taken, and pittifully entred on munday the second of iune last, 1645. by the valiant forces of the london and w taylor, john 1645 2913 5 0 0 0 0 0 17 c the rate of 17 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-05 tcp assigned for keying and markup 2002-06 spi global keyed and coded from proquest page images 2002-08 judith siefring sampled and proofread 2002-08 judith siefring text and markup reviewed and edited 2002-10 pfs batch review (qc) and xml conversion oxford besiedged , surprised , taken , and pittifully entred on munday the second of iune last , 1645. by the valiant forces of the london and westminster parliament . written , by a trusty wellwisher of theirs , who stedfastly hopes , and heartily prayes , they may have the like prosperous successe in all their future undertakings . the writers name and surname begins with the 9th letter of the greeke alphabet , io-ta . printed in the last year of the parliament's raigne . 1645. oxford besiedged , surprized , taken , and pittifully entred , on munday the second of iune last , 1645. by the valiant forces of the london and westminster parliament . london and westminster , ( though neither of you are my native or naturall mother , yet ) i was borne in glocester , a city that hath stood to it in our loyall and obedient warres against the king , not much inferiour for parliamentall obedience or publique faith and confidence to you , as hath been obstinately manifested . but leaving glocester , with her massy zeale and valour , i returne my loving remembrance to london , who hath been , and is the inexhaustible magazine for men , mony , and maintenance , for the supportation of those durable , famous and lasting warres against the king , ( which the cavaliering and malignant party calls rebellion ) and which we have causes to call , entitle , nominate , and acknowledge to be the holy cause . and as our armies have with unexpected successe , been horrible , terrible , dreadfull , fearefull , victorious , and invincible , and have forraged through england , wales , scotland , ireland , coventry , and canterbury , yet that stiffeneck'd generation and people of oxford , have ( till now ) stood out in rebellious opposition against us ; for that academy and city , have ever since these distracted and disturbant times , been the treasury of refractory obstinacy , and the store-house of our mischiefes ; whom to suppresse and bring into order and conformity , our almighty parliament hath sought by all favourable meanes , and by most perswasive exhortations from the presse and pulpits , there hath been nothing by us neglected , that might reforme them . but finding their obduracy immoveable , their inveteracy implacable , and their reducancy impossible ; we ( out of a christian care of the future prosperity of that renowned well-spring and fountaine of learning ) much against our pious inclinations , were inforced to surround it with our potent and unresistible forces of hostility , twice in two severall yeares . in two monthes of may , we have given them two gentle and friendly visitations ( viz. 1644 , and 1645. ) and we alwaies used the most submissive way of summoning his majesty and that stubborne city to our obedience . what a faire warning we gave them the first yeare , is not unknowne , and how fairly we came of and on , we have cause to remember , for two great generalls and armies did onely face them , as an instruction for them to avoyd their further desolation and calamity . but seeing that gentle and mollifying cataplasmes and pultisses would not serve to soften the corrodency of their apostumated inveteracy , we have now ( about the latter end of this last may ) in the whitsun week , vouchsafed to lance her malignant maladies , and by incision and occission , to let out her malevolent and contagious corruptions . to which end and purpose , our ( potent , powerfull , perpetuall and pittifull ) parliament , begirt and swathed that contumatious city with a strong swaddle band of warre , with foure severall armies , which being conjoyned into one , with a quadrapliciticall vnity , under the conduction of such a messe ( or murnivall ) of martiall commanders , that the like ( or braver ) heroes , never issued from the loynes of mars & belona , amongst whom the most excellent , expert , exact , and exquisite souldier , sir thomasius fairfax , was commander in chiefe , being the admired agamemnon of our host , and the only chosen , pick'd , or cul●'d man amongst men most worthy to be a generall generalissimo . secondly , the couragious and treshault treshnoble cromwell , shew'd himselfe like a blazing fiery commet , full of combustible valour , and subitory expedition . thirdly , that impe of prowesse , the magazine and arcenall of armes and military discipline , the never daunted and dreadfull skippon , appear'd like the magnanimous achilles , with his most unmatchable multitude of mirmidons . fourthly and lastly , ( but neither last or least in worth ) was the illustrious bold browne , in whose braine , the art of armes is pyled , and in whose breast , honour is billited , he most terribly , fearfully , drew his trenchant sword , wherewith he chop'd in sunder the faggot-bond of his fury , insomuch that his flaming valour ( like a burning bavin ) appear'd most refulgently perspicuous to the besiedged oxonians . these foure generalls ( drawne in their particulars ) were quarter'd in the villages that doe verge , fringe , or girdle the city , namely kennington , south hinkesey , west hinkesey , botley , witeham , wolvercot , marson , hedington , sampford , ifley , &c. by which meanes it was so strongly block'd up , that the garrisons forces and inhabitants began to look thin upon the matter , for they were so unprovided , and unprepared to endure a siedge , that within five dayes we brought them to such a hard strait , that wheat was mounted to the price of 4s . the bushell , butter and cheese at 6d and 3d the pound , milke at a penny the quart , but 9 or ten egges a groat , radishes a halfe penny the bunch , a iugge of beere 2d , beefe and other flesh so scarce , that none was to be had amongst them ( without credit or ready mony . ) in this extremity , we perceived they were unable to hold out long , therefore our valiant commanders , ( like the foure windes ) assaulted them at their foure severall portes , his excellency , play'd the part of boreas , and blustred impetuously at the north ; browne with his brave bold boyes blew boystrously like auster at the south ; cromwell acted the part of eurus with untireable snuffing , puffing , and huffing at the east ; and skippon ( like a second scipio ) rag'd most tempestilentially ( like zephyrus ) on the west . thus on all sides , parts and portes was oxford beleaguerd , without and within every house , lane , and street , was full of horror , terror , trembling like hills . there you might behold a woman quaking like a custard before an alderman , and in another place another shaking like an oven ; there was carelesse security in sundry and severall shapes and noyses , some halfe , and some whole drunk , some piping and whiffing , some riming and singing , some watching and guarding , ( not at all regarding either us or any thing that we could doe to them ) as may appeare by a mad fellow that wrote these verses in a jeering contempt of us and our forces . for browne , for skippon , cromwell , and for fairfax , wee have a well string'd instrument at cairfax , and that if they doe but their worke by halves , the parliament would hang em up like calves . some of them said , that our armies should not offend the parliament so farre , as to doe their worke by halves , or to doe halfe the worke they were sent about ; thus continued this hotch potch , mingle mangle galleymawfrey of variable opinions and humourous expressions , for the space of seven daies and nine nights , with an afternoone or two ; our cannons with perpetuall battry having disgorg'd 6789 shot , our horse , carbines , and our innumerable foot environ'd them round , with groves , thickets , and woods of pikes , our mu●kets , petronells , and pistolls , breathing flames , and spitting death and destruction . amongst and amidst these rough robustious salutations , and mortall monumentall mortuary greetings , one of our cannons ( being ) discharged or fired at random , from his excellencies quarter at marson , flew by chance over saint iohns colledge , and most strangely wheel'd about on the left hand , hard by the crosse and weathercock on saint maries steeple ; and passing in post hast to christ-church , it broke a corner of a window in the great quadrangle , and from thence it mounted , and took the great lanthorne on the top of the hall , which never fell to ground till it drop'd into abington market place ; just in the same pavement whereon the idolatrous crosse stood , that was piously overthrowne on the 31 of may , 1644. ( much about the month , day , and time of the yeare as the aforesaid shot fell into christ-church ) by the most victorious and vanquish'd , the renowned and nobly slighted , the conquer'd conqueror , sir william waller ; the aforesaid lanthorne , being now in the tuition of the valiant colonell browne , who hath it as a reward of his noble services , and is determined to keep it till he dyes , and afterwards it is to be hang'd up ( as a trophey ) over his tombe , for a monumentall remembrance to posterity , of his valour and victories . but to returne to the siege againe ; the reader must understand , that our parliament are so happy to have such generalls and commanders as are in their valours , not only invincible , but invisible also . the canoneers and gunners had the art to discharge many hundreds of their ordnance , and no fire or bullet to be seen , nor report of any gun heard . for of all the great numbers of shot ( before specified ) there were very few of them came to the knowledge of the besieged ; insomuch that they were uncapable of perceiving any danger they were in . this rare hidden art was first invented by an italian , whom they called doctor iackaneico , he was an aegyptian witch , ( or a cunning man ) in the raigne of ptolomy evergetes king of aegypt . by the command of sir tom ( his excellency i meane ) there was an artificiall naturall geometricall bridge , made over the river charwell , about a mile from oxford ( north east and by westward ) what good service that bridge did it is impertinent , and not much materiall to speak of ; but this is certaine , that the month of may , ending on the 31 , which being saturday , fell out luckily to be the latter end of the week , the sunday following proved to be the first day of iune , so that ( by consequence ) monday was the next day after ; on which monday morning , we had the happinesse to gaine a glorious victory . on that day , ( that memorable , remarkable , honourable , dainty delicate day ) our forces ascended to the top ( or altitude ) of mount hedinton ( vulgarly called hedinton hill ) but for that day , and on that hill ( to which hill , pinda , ossa , olympus , parnassus , gadds hill , shotover , and shuters hill , shall hereafter strike saile ) our prosperous parliamentonyans , inclosed , encompassed , environ'd , enwrapped , envelloped ( or what the reader meanes to tearme it ) the whole body , or bodies of the malignants , we fought valiantly , they fell violently , some dead , some kill'd , some slaine , some hurt , some wounded , some fled , some ran away , some escap'd , some taken prisoners , some put into bondage , some thrust into thraldom , and some carried into captivity , so that in lesse time then halfe an howre , the mutability of fickle fortune was apparent , by a suddain turne of her foure square-round wheele , for beyond all expectation , when the enemy was singing scurvy songs , & jeering with intollerable abusive language and gesture , at the sacred persons and honours of those whom they have formerly sworne to obey with allegiance and loyalty . then at that time , even then , betwixt the howres of two and three in the morning , we fell upon them pell mell , helter skelter , where in a moment 40 or 50 fell , to seek their habitation in another world , many were sore wounded ; and having thus won the field , we presently won oxford , we entred without resistants at the east , by saint clements , we conquer'd maudlin ( or magdalen colledge ) with a bare summons , we march'd triumphantly to cairfax , ( and leaving the gallowse on our right hand ) we with force or perforce entred and surpriz'd the castle , we staid in the castle three dayes , in all which time our generalls were so nobly pittifull , and our other commanders , officers , and souldiers so mercifully mannerly , that we neither did the towne any harme , or plunder'd the people of anything ( except victualls ) but whatsoever we had was freely given to us , nor did any of us so much as give the oxford folke so much as a hard word , nor troubled them to lye in any of their beds or foule sheets , or any linnen ; and was not this a mercifull victory ? all this was done by lesse then 150 parliament souldiers , in so small or little a time , that it must ever be with thankfulnesse remembred , and it is not to be doubted , but london and westminster will expresse their joyfull gratitude , with bells , bonefires , and an holy publique thankesgiving . to conclude , i have an humble desire ( on request ) to all valiant men of our parliament armies , which is , that they will stoutly , stiffely , and desperately stand and persevere in the cause , you know that many of us , could never have gotten such estates by our trades , as we have purchased by this trade of warre ; it is not loyalty and allegiance , that will preferre a tinker to the estate of a commander , it is not that beggerly thing call'd honesty , nor that despised fancy of learning , will bring a man to promotion , conscience is a toye , it will never make a cobler a preacher , or a wood-monger a sergeant major generall , or colonell ; we are now grammar'd in our noble actions , and a peace would put very many of us back againe to our horne-bookes ; a just and lawfull peace would cause the king to have his owne againe , and every man to have his right ; a peace would restore the protestant religion to it's pristine purity ; and then what will become of our zealous new directorie , for a peace will bring in againe , the contemned booke of common prayer ; and finally a peace would make thousands of us to surrender so much pillage and plunder to the right owners , that we should be like ( aesops crow ) poore naked rogues , when every bird had his fether from us ; let our conquests encourage us , let our hopes spurre us forward , let our surprize of oxford , fill our vei●●● with valour , and let the 24 tinkers of banbury , be our presidents , who ( for joy of our oxonian victory ) have newly brac'd their kettle drummes for the entertainment of the lord say thither , which they will seale with their blood● . let our preachers revile , let our pamphlet writers raile , let mercurius britannicus jeere and flourish , let booker , ny● , and lyly , lye on , let us fight for wealth , and run away for advantage , wee have a parliament to protect us , and there 's an end . postcript , or an old said saw of the malignants . wise men labour , good men grieve , knaves invent , and fooles believe , then helpe us lord , and stand unto us , or knaves and fooles will quite undoe us . finis . sir, i do most earnestly desire you to assist me in removing the neglect of wearing the university habits at solemn meetings according to the statutes: ... university of oxford. vice-chancellor (1677-1679 : nicholas) 1678 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a52282 wing n1082a estc r214360 99826545 99826545 30948 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a52282) transcribed from: (early english books online ; image set 30948) images scanned from microfilm: (early english books, 1641-1700 ; 1766:7) sir, i do most earnestly desire you to assist me in removing the neglect of wearing the university habits at solemn meetings according to the statutes: ... university of oxford. vice-chancellor (1677-1679 : nicholas) nicholas, john, d. 1712. 1 sheet ([1] p.) s.n., [oxford : 1678] title from first lines of text. signed at end: joh. nicholas vice-can. imprint from wing. the vice-chancellor's earnest appeal to heads of houses to co-operate with him in 'removing the neglect of wearing the university habits' at statutable times, especially at sermons and in the matter of wearing hoods by b.a.'s and m.a.'s at st. mary's. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng university of oxford -history -early works to 1800. 2007-12 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-03 mona logarbo sampled and proofread 2008-03 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion for m r principall sir , i do most earnestly desire you to assist me in removing the neglect of wearing the vniversity habits at solemn meetings according to the statutes : which is generally complained of especially the neglect of hoods at st. maries at latine sermons and sunday mornings in the term time . and 1. that you would now bring your whole house to the latine sermon on the first day of this next term , and require of the batchelors of divinity , and masters , to appear then in their hoods : giving them notice of it some time before hand , that they may not excuse it by want of warning . and let them be admonished to come to st. maries on the sunday mornings in term afterwards in habits required : which is according to the oath at the time of their first taking their degrees . 2. that you would admonish all batchelors of arts to wear their hoods at the same times at st. maries , under the penalties of the statute . and let them know that the gallery keepers shall have express orders to admit none into the gallery without their hoods . and further that i shall desire the proctors and pro-proctors to exact penalties of such as after this warning shall neglect to appear in their hoods and caps at such times . joh . nicholas vice-can . orders for the reception of the most illustrious james, duke of ormond, &c. and chancellor of the university of oxford agreed upon by the vice-chancellor and delegates to be communicated to the heads of houses, and by them to their respective companies. university of oxford. 1677 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a53819 wing o903f estc r41791 31360689 ocm 31360689 110771 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53819) transcribed from: (early english books online ; image set 110771) images scanned from microfilm: (early english books, 1641-1700 ; 1751:27) orders for the reception of the most illustrious james, duke of ormond, &c. and chancellor of the university of oxford agreed upon by the vice-chancellor and delegates to be communicated to the heads of houses, and by them to their respective companies. university of oxford. 1 sheet ([1] p.) s.n., [oxford? : 1677] imperfect: creased, with loss of text. place and date of publication suggested by wing (2nd ed.) reproduction of original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ormonde, james butler, -duke of, 1610-1688. university of oxford -history -17th century. broadsides -oxford (england) -17th century. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion orders for the reception of the most : illustrious james , duke of ormond , &c. and chancellor of the university of oxford . agreed upon by the vice-chancellor and delegates to be communicated to the heads of houses , and by them their respective companies . i. that they admonish all such as are under their charge that they appear no where abroad , during the chancellors abode in the university , without their caps and gowns suitable to their degree and condition ; and that their apparel be such as the statutes require . ii. that no scholar of what condition soever shall presume to go out to meet the chancellor either on foot or on horseback ; or to be at , or upon , the way where the chancellor is to come , but shall attend in that place and posture in which he shall be required to be , upon notice from his superiors . iii. that at the ringing of s. maries great bell , all persons , graduates ; or others , forthwith repair to s. maries , ( the doctors in their scarlet gowns , and all graduates in their respective formalities ) and from thence stand in order according to their seniority of degrees or conditions ( as they shall be directed by the delegates , and those who have procuratorial power ) along the high street by carfax towards christ-church west-gate , ( the noblemen and doctors standing next to s. maries south-porch ) and as soon as the chancellor and his retinue are past , every one immediatly depart to his respective colledge and hall , except they shall receive other directions from the vice-chancellor or the delegates . iv. that upon the day when the chancellor shall visit the schools , all persons obey such orders as they shall receive from their respective heads of houses by order of the delegates . v. that during the convocation all persons keep their seats . vi. that the same masters that had procuratorial power at the time of the act ; have also the like power during the chancellors stay in the university . it is strictly required that during the time of this solemnity all persons observe the aforesaid orders , and comport themselves with that sobriety and modesty as may tend to the reputation and honor of the university , upon pain of being entred into the black book , and otherwise proceeded against , as the exigence of their fault shall require . the privileges of the university of oxford in point of visitation cleerly evidenced by letter to an honourable personage : together with the university's answer to the summons of the visitors. fell, john, 1625-1686. this text is an enriched version of the tcp digital transcription a41040 of text r29816 in the english short title catalog (wing f619a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 21 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a41040 wing f619a estc r29816 11209451 ocm 11209451 46792 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a41040) transcribed from: (early english books online ; image set 46792) images scanned from microfilm: (early english books, 1641-1700 ; 1441:63) the privileges of the university of oxford in point of visitation cleerly evidenced by letter to an honourable personage : together with the university's answer to the summons of the visitors. fell, john, 1625-1686. waring, robert, 1614-1658. allestree, richard, 1619-1681. langbaine, gerard, 1609-1658. 9 p. s.n.], [london : mdcxlvii [1647] authorship of this work has been claimed by robert waring and variously attributed to john fell, richard allestree and gerard langbaine -cf. madan, falconer. oxford books, v. 2, p. 459. reproduction of the original in the harvard university library. eng university of oxford. a41040 r29816 (wing f619a). civilwar no the privileges of the university of oxford, in point of visitation: cleerly evidenced by letter to an honourable personage. together with th fell, john 1647 3203 65 0 0 0 0 0 203 f the rate of 203 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-11 spi global keyed and coded from proquest page images 2002-02 tcp staff (oxford) sampled and proofread 2002-02 tcp staff (oxford) text and markup reviewed and edited 2002-03 pfs batch review (qc) and xml conversion the privileges of the university of oxford , in point of visitation : cleerly evidenced by letter to an honourable personage . together with the vniversities answer to the summons of the visitors . anno mdcxlvii . the privileges of the university of oxford , in point of visitation , &c. honoured sir , how violently active the resentments of liberty and freedome are in the minds of men there needs no other evidence then this late war , wherein the most earthy soules , with earnest zeale , have sacrificed their blood unto the name and empty shadow of it . and if the bare shape , and apparition could actuate those icie spirits ; i cannot but wonder you should thinke , that the more free and aeriall ones , whose industry , endeavours , to restore the soul to its native priviledge and birthright , should be senselesse of their just interest , especially where religion adds his title unto right ; and private liberty , built upon publick priviledge , in its fall engages his foundation , and renders the neglect of a single safety , a desertion to the generall , and treason to succession . but since you take no knowledge of these so high engagements ; and seeme pre-possest with the specious designe of reforming of errours , and the authoritative name of a visitation : i shall endeavour to demonstrate the proposition i glanced upon in my last letter , and you so much startle at , that the right of visiting the university of oxford is onely in the kings majesty : and that it is exempt from all other jurisdiction , both by reason of its foundation , in regard that all societies whereof the king or his predecessors were founders , are onely visitable by the king , by the common law of this realme . a) and secondly , by reason of severall grants of exemption : b) first , that the university of oxford wholly refers to the king as its original and founder , is cleere , in that almost 800. yeers since king alured founded not only publique schooles of arts and lectures , but their privileges and immunities , having got them confirmed by the then pope , * and although the bounty of inferiour benefactors added to the bulk and magnifience of the foundation , yet the king stil assumed the title , as being the totall founder of the designe ; and his immunities deriving and communicating themselves to the whole ; and those more particular founders were also in a lower ranck acknowleged by the university , who ever both submitted and sheltred themselves under the title of the kings foundation , c) and as yet doe ; ( the power of the chancellour being immediately , and only derived from the (d) king ) and are obliged to doe so ; unlesse that logick whick makes protection and subjection relatives , dispute us out of submission to the kings onely jurisdiction , because he is disabled from the maintenance of our privileges ; and will not let him be our visitor , because he cannot be our defender . and here you may please to consider , that the foundation of the university , being the kings and his predecessors personal act , his interest lies not within the reach of that beaten evasion of a publique or politique capacity . and as this right and title of visiting is the kings prerogative as founder , so the privilege of being by him onely visited , is our lawfull inheritance , which we claim by prescription , (e) allowed and confirm'd by charters from several kings , both by themselves and in (e) parliaments ; and whatsoever free royall grant was before the reformation , confirm'd unto us by the pope , ( that being then thought necessary ) was ( after that the royal authority had asserted to its prerogative the ecclesiastical iurisdiction ) by the succeeding princes in the (e) same words establish't : nor did the practise of visitations dissent , for all those that happen'd in the remainder of hen. 8 time , (f) ed : 6. q. mary , q. eliz. were held by the respective princes authority , and the persons visiting were onely their representatives , and whosoever sate , the king visited . i have thus farre as much as may be expected from one , not us'd to such encounters , nor advantag'd by any of the vniversity writings and muniments , ( they having been of late (g) withheld from us ) discover'd our privileges in point of visitation ; being put to this unequal combate , to engage with persons arm'd with power and our own weapons too , onely shielded by naked truth . but should i wave the former debate of interest , and onely look upon the tye of honour , i cannot but with wonder and just scorn resent the mean opinion we are now faln into , who for almost 800 years the care and strife of (h) princes , are made now the prize and spoil of our fellow-subjects ; and what speakes more dishonour submitted to the strict tribunal of our own members , who having * sworn the observation of our statutes , liberties , and customes , cannot appear as iudges over us , without a violation of their oaths so often and solemnly taken ; nor yet without a manifest opposition of nature , where parts judge the whole ; and the lawes of justice too ; especially if we consider the interests and ingagements , nay often professions of the most active instruments of this work . but to go a step farther , and rest satisfied both in the visitation and visitors , it is evident that neither the one or the other can concern us , till by some legal way their power is manifested . it is true , about three months since , a citation was publiquely set up to summon our appearance , but the force of that being lapst , we are to expect a new one , not onely by the common rules of iustice , but their own also , who conceiv'd a citation at first necessary , and know the former to have been voyded by their own default . now let the world be iudge , what obligation can lie on any man to leave his occasions and affairs , to appear , and that under the penalty of imprisonment , before those men he knows not , or at least is not legally suppos'd to know , to have any authority over him ? but should we be willing to sacrifice our honour to a more christian virtue of humility , and our freedome unto patient sufferance ( as in most cases we may lawfully recede from our strict rights : ) yet would there a greater stop to our desires then any yet mentioned interpose it selfe , the severe law of conscience ; from whose commands neither hope may lead , nor danger force us . we are all engag'd by solemn prostestation before almighty god to defend and maintain our lawful rights and privileges , ( in the number of which i am confident i have shew'd our exemption from this visitation to be : ) and hereby our adversaries are themselves bound to protect and defend us in whatsoever we shal do , in pursuance of them : but if this be not of force to us , as it is not conceived to be by them , we have yet a more strict and particular obligation , being sworn by our respective statutes , to allow or submit to no visitation , but from those who are nominated by our founders , and enabled by the kings grant and patent , confirmed by act of parliament , and so enlivened to the strength of lawes . thus farre briefly of privilege and exemption , i am now to clear a part yet untoucht , but of no lesse concernment ; that is , the necessity and want of visitation . it being given out by the out-cries and clamours of our adversaries , that we are wholly corrupt and lost , and not to be redeemed to any thing that 's good and virtuous , but by extirpation & ruine . to the malice of which imputations , how uncharitable soever , i can observe no return but prayers and silence , finding in the general , breasts neither conscious of the crimes they are accused of , nor revengeful ones towards the persons of their accusers , but cheerfully receiving their many injuries ( having for whole years together , been publiquely slandered to their faces : ) and burying in silence those dark arts , and strangely false suggestions which have been used to procure this visitation , commit themselves to the protection of providence : assured either by clearing all accusations , or by a christian suffering of whatsoever shall be unjustly inflicted , to evidence to the world , they are not those monsters that their enemies character would speak them : nor yet men altogether unworthy their education , or their founders munificence . for my particular , next to the testimony of conscience , ambition cannot name unto me a higher note of innocence , then to be acknowledged as sir , your most humble servant . post-script . sir , as i was sealing , there came to my hands , the answer of the vniversity , to the visitors summons , which i here present to your view ; and doubt not but the candour and reason , backt by the authority of so great a name , will adde something of weight and moment to what hath been already said . to the right vvorshipfull , sir nathaniel brent , and the rest of the commissioners , sitting at merton-colledge . whereas by severall citations , subscribed , guiliel . new-house reg. com. the vice-chancellour and proctors ( being the magistrates and publick officers of this university ) have been required respectively to appear before the said commissioners , sitting in merton college . they having imparted the same to us , the delegates of the university , upon due consideration and deliberate examination of the premises ; we the said delegates , together with the vice-chancellour and proctors , do in the name of the university , with all humble reverence to the two honorable houses of parliament ; and all due respects to the persons , and places of those that are imployed by them , humbly conceive , we cannot acknowlege any visitor but the king , or such as are immediately sent by his majesty ; it being one of his majesties undoubted rights ( all which we are bound to defend , as by many legall obligations , so by our late protestation ) and one of the chiefe privileges of the university , ( all which we are obliged by divers statutes , and oathes , to maintaine also ) that his majestie , and without him , none other is to visit this university . and therefore we cannot ( as we conceive ) without the manifest danger of incurring multiplyed perjuries , submit to this visitation , or acknowledge , those now sent by the honourable houses of parliament to visit us , to be our visitors . and as we are perswaded , that if the weighty affaires of the kingdome , would have permitted the two honourable houses to have taken this obligation of ours into consideration , they would not have thought fit to reduce us to this extremity , either of displeasing them , or doing violence to our owne consciences ; so we beleeve , and hope , that if it shall please those that are imployed by them , candidly and charitably to represent to them , this our answer , with the reasons thereof , ( which we most earnestly desire them to doe ) the honourable houses will be pleased to admit of this our answer , and suffer us in the meane while to enjoy what by the law of the land ( which is the birth-right of the subject ) as well as by the privileges of the university is due unto us ; untill we shall be proved to have made a legall forfeiture of it , before such as are our proper and competent judges : before whom we shall be alwaies ready to appeare , and to answer whatsoever crimes or misdemeanours shall be laid to our charge . finis . notes, typically marginal, from the original text notes for div a41040e-100 a) 6 hen. 7. fo. 14. 2 hen. 5. b) malmesbur . de antiq. glaston . auth. annal. de monast. de hide , ●o : rossus de regibus . literae hen. 4. ●d papam johannem : ex fund . regis . * martin . 2. c) instrum . univer. ox●n . ad ric. ●cundum : vestrae fundationis & patronatus . hare memor . univer. oxon. ●ol . 92. vetus epistolarum lib. pag. 51. & 56. ad regem hen. 6. pag. 90. & ●08 . antiqu. oxon. lib. 2. à pag. 182. ad pag. 202. (d) edvar . potestatē r●●giam per no● & progenitores nostros i● concess●m . hare , memo● univ. oxo●● in edvar . 3. fo. 65. the v●●olation of h●● privileges , i● particular that of not obeying his citation , is called , laesio coronae , &c. ex ro● claus●de an. 34. reg. edv. ● . in dors . memb. 27. tur. lond. rot. patent . de an. 3● parte 2. memb. 44. in dors . in tur. lond. rot. patent . de an. 18. parte 2. memb● 31. tur. lond. (e) indult . dom. papae bonif. 8. confirm . privile● regal . ipsamque vniversitatē eximens ab omni iurisd. archiep. episcop . &c. & à vi●●●tatione : adding , that they had had these privileges à tempore cujus contrarii mem●●riâ non existit : hare , li . de priv. vniv. ox. lib. vet. statut. ox. p. 95. lib. vet. se●nior . procur . p. 4. the same ratified and confirm'd by sixtus 4. lib. epist. vniv. ox● in hen. 3. act of parl. 25 h. 8. c. 21. fo. 556. all power of visitation is given onel● to such as shal have immediate authority by the kings commission under the great seale of england , in places formerly exempted , as colleges , &c. a● letters patents heretofore made by the kings progenitours , in behalf of the universities , are confirmed by act of parliament , 13. elizab. and in 19. el●●zab . part 12. in dors . rot. the privileges of the university are confirm'd in the v●●ry words of bonif. 8. acknowledged they had them by prescription : the imm●●diate subjection of the university to the authority & jurisdiction of the princ● and all their other exemptions ratified ; and these acknowleged to be swo●● to , in the oath taken by every graduate , ad observ. statut. privil. . co●●suet , &c. (e) indult . dom. papae bonif. 8. confirm . privile● regal . ipsamque vniversitatē eximens ab omni iurisd. archiep. episcop . &c. & à vi●●●tatione : adding , that they had had these privileges à tempore cujus contrarii mem●●riâ non existit : hare , li . de priv. vniv. ox. lib. vet. statut. ox. p. 95. lib. vet. se●nior . procur . p. 4. the same ratified and confirm'd by sixtus 4. lib. epist. vniv. ox● in hen. 3. act of parl. 25 h. 8. c. 21. fo. 556. all power of visitation is given onel● to such as shal have immediate authority by the kings commission under the great seale of england , in places formerly exempted , as colleges , &c. a● letters patents heretofore made by the kings progenitours , in behalf of the universities , are confirmed by act of parliament , 13. elizab. and in 19. el●●zab . part 12. in dors . rot. the privileges of the university are confirm'd in the v●●ry words of bonif. 8. acknowledged they had them by prescription : the imm●●diate subjection of the university to the authority & jurisdiction of the princ● and all their other exemptions ratified ; and these acknowleged to be swo●● to , in the oath taken by every graduate , ad observ. statut. privil. . co●●suet , &c. (e) indult . dom. papae bonif. 8. confirm . privile● regal . ipsamque vniversitatē eximens ab omni iurisd. archiep. episcop . &c. & à vi●●●tatione : adding , that they had had these privileges à tempore cujus contrarii mem●●riâ non existit : hare , li . de priv. vniv. ox. lib. vet. statut. ox. p. 95. lib. vet. se●nior . procur . p. 4. the same ratified and confirm'd by sixtus 4. lib. epist. vniv. ox● in hen. 3. act of parl. 25 h. 8. c. 21. fo. 556. all power of visitation is given onel● to such as shal have immediate authority by the kings commission under the great seale of england , in places formerly exempted , as colleges , &c. a● letters patents heretofore made by the kings progenitours , in behalf of the universities , are confirmed by act of parliament , 13. elizab. and in 19. el●●zab . part 12. in dors . rot. the privileges of the university are confirm'd in the v●●ry words of bonif. 8. acknowledged they had them by prescription : the imm●●diate subjection of the university to the authority & jurisdiction of the princ● and all their other exemptions ratified ; and these acknowleged to be swo●● to , in the oath taken by every graduate , ad observ. statut. privil. . co●●suet , &c. (f) foure visitations since the reformation , all by the kings commission , except in q. maries time , when the ecclesiasticall jurisdiction was again returned to the pope , then cardinall pool visited , as legatus à latere , which is equivalent . citat . cardin . poli. ad vnivers. (g) at the beginning of this parl. the university writings were required , and ever since are detained . (h) alured●imself visits ●n . 886. ex asser. me●eu . epis. reg. alured . scrib . ex edit. cambd. edvar . 3. & rich. 2. themselves decided controversies , that a●ose in the university . the late visitations performed by commissioners , the ●hief nobility of the kingdome : and his majesty that now is , visited christ-church personally with 8. lords of the counsell . * iur. in admis . ad gradus . protest . m● 5. 1641. qvæstiones in sacra theologia discutiendæ oxonii in vesperiis nono die julii an. dom. 1653 university of oxford. 1653 approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a90318 wing o944a estc r181082 99895901 99895901 153463 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a90318) transcribed from: (early english books online ; image set 153463) images scanned from microfilm: (early english books, 1641-1700 ; 2366:10) qvæstiones in sacra theologia discutiendæ oxonii in vesperiis nono die julii an. dom. 1653 university of oxford. 1 sheet ([1] p.) excudebat leonardus lichfield, academiæ typographus, oxoniæ : an. dom. 1653. includes "quæstiones in philosophia discutiendæ in vesperiis". identified as wing o944a, reel 2366, of the umi microfilm set "early english books 1641-1700". cf. wing o944a which has a different imprint. printed in two columns. reproduction of original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . lat university of oxford -examinations -theology -early works to 1800. university of oxford -examinations -philosophy -early works to 1800. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 elspeth healey sampled and proofread 2007-12 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion qvaestiones in sacra theologia discutiendae oxonii in vesperiis nono die julii an. dom. 1653. quaestiones doctoris hen. wilkinson , aulae magd. princip . an dies dominicus sit jure divino sanctificandus ? aff. an quilibet dics sit instar sabbati ? neg. an quae fiunt corporis recreandi gratiâ , sint licitè exercenda in dic dominico ? neg. qvaestiones in jure civili discvtienda ▪ in vesperiis . quaest . incept . tim . baldwyn è coll. om. anim. an bonae fidei possessor percipiendo fructus , suos faciat ? aff. an creditor qui rem deterioratam recepit ▪ aestimationem damni petere possit ? aff. an si damnatus ad crucem ducat meretricem causâ evadendi mortem , valeat matrimonium ? aff. qvaestiones in medicina discvtiendae in vesperiis . quaest . incept . tim . clarke , è coll. ball. an sanguificatio sit in hepate , liene , aut in venis ? neg. an anasarca sit ex hepate , aut liene refrigerato ? neg. an in variolis erumpentibus , aut jam eruptis , liceat emeticum exhibere aff. quaest . incept . thomae waldron , è coll. ball. an orificium stomachi sit sedes animae ? aff. an cathartica humores electivè attrahant ? neg. an verum illud , lac habet , ergò peperit vel concepit ? neg. quaest . incept . guil . page è coll. divi joan. an dentur spiritus à sanguine distincti ? neg. an omnia animalia oriantur ex ovo ? aff. an embryo sugat in utero materno ? aff. quaest . incept . gvil . conyers è coll. divi joan. an causa morborum sit minera ab humoribus distincta . aff. an detur curatio per sympathiam ? aff. an hysterica passio ab utero oriatur ? aff. quaest . incept . tho. cummins . è coll. wad . an vinum competat febricitantibus ? aff. an liceat sanguinem mittere ante annum aetatis decimum quartum ? aff. an medicamentorum vis narcotica proveniat a solâ frigiditate ? neg. qvaestiones in philosophia discvtiend●… in vesperiis . an licitum sit carnibusesci ? aff. an institutio academiam sit utilis in republica ? aff. an ingenium pendeat ▪ humoribus corporis ? aff. resp . phil. hnry , ex aede christi . qvaestiones ●n s. theologia discvtiendae oxonii in comitiis undecimo die jlii an. dom. 1653. an ministris ecclesiae legitimè vocatis , potestatem spiritualem , à civilidistinctam , christus delegaverit ? aff. an imperia potestatis supremae , legi dei positivae , aut naturali contrariasint obligatoria ? neg. an ecclesiam pontifician , judicem , regulámve fidei infallibilem nullan habere , ex ipsorum principiis demonstrari possit ? aff. resp . thom. barlow , è coll. regin . qvaestiones in jure civili discvtiendae in comitiis . an rem ab hoste captam recuperare liceat in amici territorio ? aff. an qui ( bello repentè exorto ) intra fines hosticos repertus est , belli incommodis sit obnoxius ? neg. an medico salarium debeatur , si sanatus in morbum reinciderit ? neg. resp . thom. jones , è coll. mert. qvaestiones in medicina discvtiendae in comitiis an calor sit de essentia febris ? neg ▪ an sanguis nutriat ? neg. an dies & hora mortis possint ab astrologis praedici ? neg. resp . arth. a●land , è coll. oriel . qvaestiones in philosophia discvtiendae in comitiis . an errores naturae faciant ad ornatum universi ? neg. an criticorum labor sit occupatissima vanitas ? neg. an lux sit ignis ? neg. resp . sam . conant , è coll. exon. oxoniae , excudebat leonardus lichfield , academiae typographus . an. dom. 1653. a third and fourth part of pegasus: taught by bankes his ghost to dance in the dorick moode, to the tune of lachrymæ. in two letters from oxford, july 1. 1648. pegasus. part 3-4. pierce, thomas, 1622-1691. this text is an enriched version of the tcp digital transcription a90694 of text r205283 in the english short title catalog (thomason e451_32). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 19 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a90694 wing p2205 thomason e451_32 estc r205283 99864699 99864699 116931 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a90694) transcribed from: (early english books online ; image set 116931) images scanned from microfilm: (thomason tracts ; 71:e451[32]) a third and fourth part of pegasus: taught by bankes his ghost to dance in the dorick moode, to the tune of lachrymæ. in two letters from oxford, july 1. 1648. pegasus. part 3-4. pierce, thomas, 1622-1691. [2], 6 p. for r. royston], [london : printed in the yeare, 1648. signed p.6: basilius philomusus (i.e. thomas pierce).--cf. madan 1988. place of publication and bookseller from madan. annotation on thomason copy: "july 8th". reproduction of the original in the british library. eng university of oxford -history. a90694 r205283 (thomason e451_32). civilwar no a third and fourth part of pegasus:: taught by bankes his ghost to dance in the dorick moode, to the tune of lachrymæ. pierce, thomas 1648 3039 2 0 0 0 0 0 7 b the rate of 7 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-03 tcp assigned for keying and markup 2007-04 apex covantage keyed and coded from proquest page images 2007-05 mona logarbo sampled and proofread 2007-05 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a third and fourth part of pegasus : taught by bankes his ghost to dance in the dorick moode , to the tune of lachrymae . jn two letters from oxford , july 1. 1648. academia oxoniensis printer's or publisher's device printed in the yeare , 1648. a third and fourth part of pegasus : in two letters from oxford . 1 july , 1648. sir , i have afforded you some time of breathing for a while an intermission of those sad entertainments which i formerly sent you from this place . when that huddle of violences was over upon the earle of pembroke's comming hither , the visitors sate still a while to see how that would be digested through the kingdome , and what incouragement they should find to seize upon that prey , which that weeks nimrod-hunting had laid before them . and the truth is , the action was of so high an ill savour , and by themselves so apprehended to be so , that the modester of them thought fit to depart the scene ; master reynolds was call'd home by his wife , and admonisht , as pilate by his , to have no more to doe with the blood of these just persons , not to touch one peny of the revenues of christ-church , nor to lye in the lodgings any longer , lest the fury that scourged young jerome for being not so much christian as he should , ( and made him cry out , christianus ego , non ciceronianus ) should use him thus , for taking upon him to have more of the christianus then belonged to him . the same conscience ( i shall not say of the crime , but shame ) wrought the like effect on sir nat. and his son corbet , who ( though m. reynolds hath now put it over ) never thought fit to see this place , since that exit and plaudite after the pembroke-tragico-puppet-play of the beginning of the world , or the new creation . where , by one slip of the wheele of the engine , there was this miscarriage , that instead of fetching an vniversity out of chaos , all was returned to chaos againe . the unsuccessefulnesse of that week , and the devils being ( though an industrious , rampant ; yet withall , like the creature , that he most commonly transformes himself into ) an hare-hearted cowardly devill , gave us some kinde of truce for eleven weeks more , save only that now and then we should hear of a head dropping off upon a crack of thunder , a vote of the committee . or that about a month agoe , the prebends of christ-church were seized on by the state-pursevants for that great crime of not hanging themselves , as soon as ever they were condemn'd by judge pembroke & sergeant cheynell in their bloody circuit : for which cause the sub-deane , doctor hammond was to be dispatcht to wallingf . castle ( though by a suddain accident that castle is chang'd into confinement at oxford ) doctor payne hurryed up to london , for the crime of being treasurer as well as prebend . but i meant not to mention these and the like passages which will be no newes to you , and which i acknowledge to be absolutely necessary in order to their first great end of reforming the wealth , and their second , of regulating the learning of this vniversity , which upon their late confederation with the independents of the garrison , they have promised to levell absolutely ; and by putting themselves into the head-ships , to shew them a new-modell of divinity and latine , that never an independent butten-maker in the army , the most zealous for parity of parts or learning , shall except against . the only thing that i meant to afflict you with at this time , is the table of proscription , which this morning ( saturday the first of july ) was pasted , in the retaile on severall colleges , and now altogether in the grosse , on s. maries door ; to banish out of the town no lesse then the great climactericall of sixty three , made up ( of all sorts some ) of fellowes , scholars , chaplaines , graduates , vndergraduates , and a taste of a clark , a quirister , a steward , a cook , ( but never an unprofitable commoner i warrant you ) to execute the whole body of the vniversity in its effigies or representative ; and to give assurance what shall become of the collective body , when they have , by this tryall of our patience found cut , that it may be safe for them to set on that rounder enterprize . the particular names in the catalogue i shall not here insert , but only tell you that they are chosen and cull'd out from the rest that lay with them in the same masse of non-submission , by no kinde of rule or measure , made the objects of as absolute an irrespective reprobation ( without any intuition of ill workes , or of any thing which according to their owne rules might discriminate them from other men ) as ever their friends , sub-or supra lapsarians have fastned upon god in their bloodiest scheme . if it be possible to observe anything of order or constancy in their councells ; 't was sure , in every place to shew an example on some of the most eminent for learning , or regularity of behaviour . thus in st. johns colledge , m. cheynells reformation ( preparatory to this about a fortnight since ) began with two or more of the greatest eminence for both : and the like instance might be made of some in most other colleges . 't is true indeed , some others are joyn'd with them , of whom this cannot be affirm'd ; and some of eminent deserts have polyphemus his kindnesse shew'd them , to remaine behinde for their later bit. but this is remarkable , that of the whole number proscribed at this time ; there is not above one scandalously ill , to the great number of eminently learned . and that one , hath received a greater mark of favour from them , then any whom they have spar'd ( except only the most scandalous atheist that ever this town had , who is pick't out by m. cheynell to be placed in his own bosome , and that scar-crow pelham , kate's first suter , whom the old cornuto of maudlins hath set next to his beloved selfe in the government of the college ; ) for he hath the honour to goe out hansomely in that very good company ; nor to have any thing laid to his charge but the not-submitting to these visitors , and so to have his drunkennesse not only not punish't , but rewarded with the favour of suffering only for not being perjur'd . so unwilling is the devill to discourage vice , that whensoever he is forc't to sentence any of his servants , it shall be put off till they have done some one good thing , that that may bring the just vengeance upon him . and so the new-model'd vniversity may be drunk securely , having examples of the most speciall marks of favour conferr'd upon the most enormous in the vniversity , and but that one little discouragement from the punishing of the one drunken royalist , which is excused to them by this assurance , that 't was not the drunkard which was punish't , but the royalist . i need not use any rhetorick to aggravate this , but doe wish you were able to passe judgement upon the same knowledg that i can , by viewing & comparing the eminence of fourty , and the little blame of threescore of this number ; i shall not say with those many constant persons that yet remaine ; for they are sure to follow ( when ever these mens fresh appetites call for them ) to the same shambles : but rather with the small number of their chosen ( not flock of sheep , but ) herd of swine . and then i pray tell me , if ever there were actions avow'd by any which more own'd that old saying that campian rak't hell for , to fasten upon luther , [ quantò sceleratior es , tantò vicinior gratiae ] which is now , cum privilegio , english't thus , [ the prophanest wretch in the vniversity is a much lesse dangerous person , and so more capable of the visitours favour , then any that is owner of the most eminent parts and acquisitions , both of morall and christian vertues . and he that hath this one qualification of being ill enough , shall have no danger wrought him , unlesse he be too nice at last , and not swallow perjury as glibly , as his other sins . this sir , is too happy a scheme to enlarge upon . 't would make your heart bleed to have my present prospect before your eyes . a multitude of pretious ▪ young men , which have no designe against any party or garrison , but the strong holds of sin and satan ; uninteressed in any plot , but only that one against ignorance and perjury , against darknesse , and the prince of it ; i say , a multitude of hopefull young ones thrown out of the nest , like the callow ravens by the cruell step-mother , for no other pretence of reason , but that they are not as black as shee . and unlesse god , that feeds the young ravens which call upon him , will be pleased to take them into his almes-house , the gradation of the punishment is sure to be this ; whom the sword turnes out of their studies , the famine must next seize on in the field . the same sentence condemnes them to two punishments ; as among the romans , to scourging and crucifying , so among our new christian-heathen , to banishment and sterving . some of them being orphans , others the children of sequester'd and undone parents : and with them , the ingenuity ( i am sure the learning ) of the next age , is voted to the same ruine and vastation . the lord have mercy upon their persecuters . give me leave to weep out the rest in private , and not send you my inke and my tears , my gall and my brine in the same packet . your mournfull friend , whom you know by the title of basilius philo-musus . oxf. 1 july , 1648. another letter from the same hand . sir , your friend here presents his service to you , and will needs annex to this relation the notice of these few circumstances . 1. that the destruction which is now wrought , is by the hands of five divines onely , men whose calling excludes them from all judicature , did not their being presbyterians give them title to it . o the mercy of the lord bishops in the high-commission , which , though they had the power of queen elizabeth , and king james , and king charles among them , the canons to direct and authorize them , and many of the ablest counsellours and civilians to assist and joyne with them , did never , in all their reigne , so horribly declamed at for tyranny , censure to utter ruine so many guilty irregulars , as these five musimans or turkish presbyters have proscribed sober , innocent regulars in one morning ! o what a crime it was in the star-chamber to crop three mens eares for sedition at one session , ( and never another such in the whole age ) a thing that was never pardon'd that court , or those that sate in it , till those stars were fetcht downe from heaven , and laid in the dust , and the chiefe actor my lord of canterbury pursued by one of those blood-hounds , till he was permitted to lap in full streames of his heart-blood in exchange , and by way of retaliation for the droppings of his eares ? but now the civil murther of 63. in a morning , the capitis mulctatio , the cutting them off from their people , the throwing them out into the high-wayes and hedges , leaving them none but their father in heaven , of whom they may beg their daily bread . this is an essay and taste of the more moderate , refined government , that we have swum to , through such a red sea , or mare mortuum , the huge clemencie , and mercy of these presbyters . 2. that of all the lay-men that were of the committee , there is not one barbarous enough to joyne in this act , or so hard-hearted as to be present at it . you remember how the bishops were not permitted to remaine in the house at my lord of straffords sentence , they must not be within the scent of blood , though 't were onely to give a stop to the effusion of it : but now none but divines ( but remember againe divines of what denomination , presbyterians i warrant you ) are thought fit to be , the butchers of this jury : no , the parties , accusers , witnesses , and , after all that , the judges on this bench , to pronounce this bloody sentence ; for his third note , is , 3. that the five men are m. reynolds , dr. wilkinson , m. rogers , m. cheynell , and m. wilkinson , ( you know the characters of each ) men voted into , and now well-nigh possest of three of the greatest colledges , and five of the fairest preferments in the towne , onely this slaughter was necessary to be wrought , to smooth the passage , and facilitate the admission of these mufti 's into their seraglio's . and wanting janizaries to serve , and to be pandars to their lust and rage , they are turned the assassinats themselves , and must first lay waste the province , before they can dare think of ruling in it ; o fo● an eliah now to these ahabs , with his [ hast thou kill'd , and also taken possession ? ] but when they are left to their desart-governments , conscience i doubt not will be a thousand prophets to them , and present each of them daily , as that tyrants phansie did him with the gaping dismall head of symmachus , &c. with the spectacle of a young gasping scholar sprawling at his feet , and howling in his ears this not over-cheerfull anthem , thus saith the lord , in the place where dogs licked the blood of naboth , shall dogs lick thy blood , even thine . 4. that every of these bloody men is so stricken already with the guilt and shame of their facts , that each of them single disclaimes ( to all that come to expostulate it ) the having any thing to doe in it , when yet the number of five is the least that can make a committee , and so nothing can be done , if any one dissents ; and then all of them together lay it upon the committee at london , tying the upper linke of this fatall chaine to jupiter rouse's chaire , which makes your friend take boldnesse to aske you these two questions : first , whether the committee at london are all so tame cheynell or wilkinson-trodden creatures as to commit all this fury upon their bare instance and directions , and then to give them leave to cast all the odium of it upon them : if a couple of tall raving presbyters can thus inspire and possesse them all , as perfectly as they did their fellow-may-pole-pembroke here , then i must more pitty them , then i have done the proscribed scholars ; these being plunder'd of their lively-hoods only , but those of their soules ; the scholars only fitted for suttons hospitall , but they for bethlem . his second question is , if that committee having only power from the houses to regulate the vniversity at first , and since to provide effectuall remedies , &c. have so far exceeded their commission , as to vote the answers of these men ; high contempts of authority of parliament , when no one did any more , then to professe it against his oathes and conscience to submit to this visitation ; and most only profest themselves to want satisfaction , and therefore desired farther time to consider , before they were forced to give answer . his question , i say , is , whether there be never an house of lords and commons to call this committee in question , for exceeding their commission , and to repeale these enormous acts of arbitrary power , and returne the scholars to their books again , before the rest of the foure hundred ( sevenscore more already , they say , pickt out of their next breakefast ) be sent a grazing after them . if you have accesse to any member of either house , i hope you will let this ring in their eares , or else you have put off your just kindnesse to july the 1. 1648. basilius philomusus . finis . the foundation of the universitie of oxford, with a catalogue of the principall founders and speciall benefactors of all the colledges, and total number of students, magistrates and officers therein being. and how the revenews thereof are and have been increased from time to time, and by whom, with buildings, books and revenues as no universitie in the world can in all points parallel: these are the nurseries of religion, and seminaries of good literature. langbaine, gerard, 1609-1658. this text is an enriched version of the tcp digital transcription a67907 of text r202711 in the english short title catalog (wing l370). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 39 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a67907 wing l370 estc r202711 99862907 99862907 115087 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a67907) transcribed from: (early english books online ; image set 115087) images scanned from microfilm: (thomason tracts ; 96:e628[14]) the foundation of the universitie of oxford, with a catalogue of the principall founders and speciall benefactors of all the colledges, and total number of students, magistrates and officers therein being. and how the revenews thereof are and have been increased from time to time, and by whom, with buildings, books and revenues as no universitie in the world can in all points parallel: these are the nurseries of religion, and seminaries of good literature. langbaine, gerard, 1609-1658. [2], 17, [1] p. printed by m.s. for thomas jenner, and are to be sold at his shop, at the south-entrance of the royal-exchange, london : 1651. attributed to gerard langbaine. the title page is mostly in the same setting, and the foreword the same text, mutatis mutandis, as wing l368. annotation on thomason copy: "may 14". reproduction of the original in the british library. eng university of oxford -history -early works to 1800. a67907 r202711 (wing l370). civilwar no the foundation of the universitie of oxford, with a catalogue of the principall founders and speciall benefactors of all the colledges, and langbaine, gerard 1651 6352 2 0 0 0 0 0 3 b the rate of 3 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-12 apex covantage keyed and coded from proquest page images 2002-01 tcp staff (michigan) sampled and proofread 2002-01 tcp staff (michigan) text and markup reviewed and edited 2002-02 pfs batch review (qc) and xml conversion the foundation of the universitie of oxford , & with a catalogue of the principall founders and speciall benefactors of all the colledges , and total number of students , magistrates and officers therein being . and how the revenews thereof are and have been increased from time to time , and by whom , with buildings , books and revenues as no universitie in the world can in all points parallel : these are the nurseries of religion , and seminaries of good literature . ito & fac similiter . london , printed by m. s. for thomas jenner , and are to be sold at his shop , at the south entrance of the royal-exchange . 1651. about the time of the foundation of the universitie of oxford , the ancient historians have diversly written : some affirmed that it was founded when the most ancient britains first inhabited this island , and that from greeklade , a town in wilt-shire ; this academy was translated to oxford , which some will have called ouseford , from the river of ouse ( by the latins called isis ) which giveth name to the next adjoyning island , called ousney . others say it was founded when the city of oxford was first builded , many years before the incarnation of our saviour christ . others say it was builded , or at least restored , by king vortiger : but the chiefest conclude and agree , that elfred , of some called alured , king of the west saxons , about the year 872 , was the chief and principall founder thereof : and that ( besides the ancient hostles for scholars , which is evident were there remaining after many overthrows of warres ) he caused to be erected therein three colledges or publick schools , for the teaching of grammer ; philosophy , and divinitie , sending thither his owne son ethelward . since which time , by reason of divers incursions and continuall wars which were daily in this land , between the britains , romans , saxons , kings of this heptarchie , danes and normans , the light and glory of this academy was not onely of old eclipsed ; but even since the conquest ( in the barons wars ) also obscured and defaced . and it is most certaine , as the destructions were many , so the restaurations thereof shortly ensued by one prince or other : so that at length recovering the fame and dignity which it holdeth amongst other christian academies of europe , it is now worthily reputed one of the most famous universities in the world ; the ancient and noble family of the veres having been long earls thereof , and so still remain . and howsoever the hostles , hals , innes , schools , and religious houses , whereof this university since the conquest did consist , and which now are wholly defaced , or in part converted into some of the present colledges , were for their number , and for the number of students in them , much above all that now are extant , viz. divi fridswidi prior . s. mariae aula , divi jacobi aula divi gregorii aula . d. johan . baptist . aula , d. thomae aula , portlat . aula , sacerdotiss . aula , peckwateri aula , phiswici diversorium , magnae academiae aula , s. margaretae aula , regis aula , reginae aula , pittantii aula , green-aula , corbetti au'a , parvae academiae aula , stapul . aula , and many others ; yet at this present there are eighteen goodly colledges and houses erected , maintained with the lands and revenews of their founders ; and seven hals that students live in at their own charge , not having endowment of land to maintain them . besides there are publick schools and a library , whose fabrick by the bounty of many royal , noble , and religious persons , was of late years finished , which no universitie in the world can in all points paralel . these are the nurseries of gods true religion , and seminaries of good literature . i. university colledge , founded 872. alfred or alured king of the west saxons , being addicted to religion and good literature , for the increase and study of divinity , philosophie and other arts , in the second year of his reigne founded this colledge , by the name of the great hal , or universitie colledge ; from the foundation whereof the students were maintained out of the kings exchequer , until king william the conqueror did take the same from them : by which means both the colledge wanted repairing , and the students also were for many years enforced to live by the devotion of religious people . afterwards william arch-deacon of durham , about the year , 1217 repaired and endowed the same with new possessions , establishing therein a master , two fellows , a bible clark , which is the porter . since by the bounty of walter skirlow doctor of law , bishop of litchfield and coventry , after of bath and wels , and lastly of durham , who gave three fellowships , henry piercy earl of northumberland , who gave other three ; and by the gift of robert dudley late earl of leicester , iohn friston , esquire , mast. gunsley rector of tytesley in surrey , mistris pain , mast. aston , s. simon bennet , who hath bequeathed good lands to increase the number of fellows and scholars ( after the decease of his lady ) master charles greenwood , sometimes fellow of this colledge , and proctor of this university , who gave 1000 pounds towards the new building of this colledge , and some other benefactors ; the company and revenues of this colledge is much increased , so as there is at this present in the same a master , eight fellows , one bible-clerk , with officers and servants of the foundation , besides other students ; the whole number being 73. ii. baliol colledge founded 1262. iohn ba'iol , born at bernards castle in the bishoprick of durham ( a worthy warriour to king henry the third in his civil wars against his barons ) with his wife dervorgilla , a lady of honorable parentage ( being in her right earl of galloway , and lord high constable of scotland ) parents of iohn baliol king of scots , founded this colledge , giving thereunto both lands and revenews , for the maintenance of a master , 10 fellows , 11 scholars , which is recorded to be the first , and most anciently endowed colledge in this university , as some late historians constantly affirme . but by the reason of the scottish wars in the reigne of king edward the first , the students could not peaceably enjoy the same . this colledge hath since , by the liberality of philip somervil , and margaret his wife , the lady ella longspee countesse of salisbury , richard de hofinger , vvilliam lord felton , hugh de vrenna knight , vvilliam hamon of gilford esquire , doctor bell bishop of vvorcester , peter blundel esquire , the lady elizabeth perian , sister to the honorable sir francis bacon late lord chancelour , mary dunch , and iohn browne , with divers other benefactors , been much increased with buildings , and other ornaments . in which the number of fellows are uncertaine , and at the discretion of the visitour , master , and three seniour fellows , as the revenews thereof do increase or decrease . there are in the same at this present a master , 11 fellows , 11 schollers , four exhibitioners , besides officers and servants of the foundation , the whole number being 138. iii. merton colledge , founded 1274. walter de merton sometimes l. chancellour of england , counsellour to king henry the third , and edward the first , bishop of rochester , founded this colledge by the name of merton colledge , endowing it in effect with all the lands and revenews which at this present are belonging thereunto , ordaining in the same a warden , and no definitive number of fellows , since by the liberality of iohn williot doctor of divinity , chancellour of excester ( formerly fellow of this colledge , who gave maintenance for twelve schollers , whereof nine should serve the nine seniour fellows , and are by them to be chosen , upon which they were called postmasters , the other three should serve all the fellows , and they are chosen by one who is yearly elected to be principall of the postmasters ) thomas leech , s. thomas bodeley knight , a memorable benefactor to this university , doctor wilson , mast. iohn chambers , sometimes a fellow of eton , canon of winsor ( who made them 14. & gave 1000 pounds that two fellows should be elected out of eton school to this colledge successively ) doctor jervice , doctor jesop , and the late worthy warden , s. henry savil knight , provost of eton , ( who founded two mathematick lectures in the universiry , which he in his person read publickly for two terms , by whose procurement and care this colledge hath been much beautified and enlarged with fair buildings , books , and ornaments ) it is much enriched . in this colledge at this present is a warden , 21 fellows , 14. schollers , besides officers and servants of the foundation , with other students the whole number being 80. iv. excester colledge founded 1316. vvalter stapuldon , being descended of noble parentage ( for his wisedome , gravity , and learning was often employed in embassages for king edward the 2. who made him bishop of excester , lord trea surer of england , and one of his privy councel ) founded this colledge by the name of stapuldon hall ; which he endowed with lands and revenews , for the maintenance of one rector , & 12 fellows , out of which number one should beyearly chosen to govern the rest . after in anno , 1404. edmund stafford bishop of excester ( brother to ralph earl stafford ) lord chancellor of england , gave two fellowships , reformed the statutes , altered the name thereof , and called excester colledge . to this colledge since , sir willam peter knight , principall secretary to king henry the 8th , k. edward the 6th . q. mary , and q. elizabeth , gave eight fellowships , and augmented the wages of the fellows of the first foundation , to make them equall with his . sir iohn periam esq. gave 560 pounds , which was expended in building ; sir iohn aelan knight , gave 800 pounds , which was bestowed in building of a fair and spacious hall , and george hakewell doct. of divinity , archdeacon of surrey ( yet living ) sometimes fellow of this house , founded , erected and finished the new chappell , all three devonshire men . in which colledge at this present is one rector . 22 fellows , two pensioners , and one bible-clark , besides officers and servants of the foundation with other students to the number of 230. v. oriall colledge , founded 1337. king edward the second ( called edward of canarvan ) began the foundation of this colledge , by the procurement of adam brown clerk , almner to the said king , dedicating the same to the honour of the blessed virgin mary , calling it the house or hall of s. mary the virgin ( vulgo , oriall colledge ) which he endowed with lands and revenews for the maintenance of one provost , and 10 fellows . but afterwards by the liberality of iohn frank , who gave allowance for four fellowships , iohn carpenter bishop of worcester ; who gave one fellowship , william smith bishop of lincolne , who gave one fellowship ; the aforenamed adam brown , who was first provost , being also a great benefactor ; king edward the third , who gave the hospitall of s. bartholmew near oxford ; anthony blincow d. of law , late provost , who bestowed 1200 pounds in building the forefront , and rich. dudley , who gave maintenance for two fellows , and 6. exhibitioners , other six being of a more ancient foundation , besides divers other benefactors , this colledge is much encreased . moreover our late soveraigne l. king iames , being informed that the title of the foundation thereof with the lands thereunto belonging were in question , and subject to eviction , hath confirmed by letters pattents a sure estate of the same : wherein at this present is one provost , 18. fellows , 12. pensioners or exhibitioners , one bible-clark , besides officers and servants of the foundation , with other students , the whole number being 106. vi . queens colledge , founded 1340. robert eglesfield batchelor of divinity , chaplain to queen philippa , wife to king edward the third , founded this colledge in his own ground , by the name of queens colledge ( commending the patronage thereof to his lady the queen and to the queens of england successively ) which he endowed with lands and revenews for the maintenance of a provost , and 12 fellows which were to be augmented as the revenews increased . but since by the bounty of king edward the third , who gave the hospitall of s. julians in southampton , commonly called gods house ; king edward the fourth , who gave the priory of sherborn in hamshire , robert langton , thomas langton provost , bishop of winchester . edm. grindall , archbishop of canterbury , christopher bambridge provost , archbishop of yorke , william fettiplace esquire , henry robinson provost , bishop of carlile , d. ayrie late provost . and divers other late good benefactors ; the number of students are much increased . moreover , our late soveraign lady q. elizabeth in the 3 year of her raign , being informed that the title of the foundation thereof , with the lands thereunto belonging were in question , and subject to eviction ; by act of parliament confirmed a sure estate of the same . likewise of late , for the better encouragement of the fellows , who are all bound by statute to professe divinity ; king charls , by the intercession of q mary , patronesse of this colledge , to bestow upon the same the perpetuall patronage of certaine benefices in the county of southampton . in it at this present is a provost , fourteen fellows , seven scholars , two chaplaines , and fourteen other students under-graduats , called by the founder , servientes ad mensam , or sociorum ministri ; besides officers and servants of the foundation , with other students , to the number of 160. vii . new colledge , founded , 1375. vvilliam wickam , alias perot , rector of s. martins le grande , and after dean there , archdeacon of lincolne , northampton , and buckingham , provost of wels , prebend of twelve severall places , principall secretary to king edward the third , keeper of the privy seal , bishop of winchester , l. high treasurer , and chancellor of england , founded this colledge , dedicating the same to god the father , and the blessed virgin mary ; which he endowed with lands and revenues for the maintenance of a warden , seventy fellows , and schollars , ten chaplains , three clarks , one organist , sixteen choristers , besides officers and servants : and before he builded the same , he gave exhibition to fifty scholars , for the space of ten years , in this university . he also founded a colledge at winchester , wherein he established one warden , ten fellows , two school-masters , and seventy schollars , with officers and servants , which are all maintained at his charge ; out of which school he ordained should be chosen the best scholars alwayes to supply the vacant places of the fellows of this colledge . since by the bounty of master rawlins , sir richard read knight , doctor newman , doctor reeve late warden , doctor martin , robert bell , doctor smith , and others ; this colledge is much enriched with plate , books , and other ornaments : in which at this present is a warden , seventy fellows and scholars , ten chaplains , three clarks , one organist , sixteen choristers besides officers and servants of the foundation , with other students , being in all 135. viii . lincolne colledge , founded , 1420. richard fleming born in yorkeshire , doctor of divinity , bishop of lincolne , in the eight yeare of the reigne of king henry the fifth , founded this colledge by the name of lincolne colledge , which he endowed with lands and revenews for the maintenance of one rectour , six fellows , and two chaplains . after , robert fleming deane of lincolne , edward derbie arch deacon of stow , endowed the same colledge with lands , for the maintenance of three fellows , superadded to the number of the foundation ; iohn forrest deane of wels , thomas beckington bishop of bath and wels , john southam arch deacon of oxford , william fyndern , esquire , henry beauford cardinal , bishop of winchester , iohn bucktott and iohn crosbie augmented the same . in anno 1479 thomas scot , alias rotheram , borne in yorkeshire , fellow of kings colledge , chaplaine and lord privy seal to king edward the fourth , provost of beverley , bishop of rochester , after of lincolne ( and then chosen master of pembroke hall in cambridge ) arch-bishop of yorke , lord chancellour of england , chancellour of the university of cambridge , secretary to foure kings , when he was bishop of lincolne did much enlarge , and finally perfect the buildings of the same , adding to the former number five fellowships . since walter bates , william dagvill , william atwater bishop of lincolne , edmund audley , robert traps , richard kelbie late rector , iohn randal ; the right honorable and right reverend father in god , iohn lord bishop of lincolne , &c. ( who at his great charge erected a faire chappel ) and divers other benefactors , have much increased the same : wherein at this present is one rector , fifteen fellows , two chaplains , and foure scholars , besides officers and servants of the foundation , with other students being in all one hundred and nine . ix . all-soulnes colledge , 1437. henry chichely doctor of the civil law , chancellour of salisbury , bishop of saint davids , arch-bishop of canterbury , in the fifteenth year of the reigne of king henry the sixth , founded this colledge by the name of all soulne colledge , ( procuring the said king henry to give thereunto foure priories alians , namely alberbury , rumney , weeden , pinkeney , and languenith ) the building whereof the perfected in such forme as it still remaineth , endowing the same with lands and revenews , for the maintenance of one warden , forty fellows , whereof twenty foure should be divines , and the rest students of the civill law , appointing by statute that the number of fellows should never be augmented nor empaired ; and that once in every year all places ( by death , or otherwise void ) should be supplyed . he also gave lands and revenews for the maintenance of chaplains , clarks and choristers , sans number . since reginald pool cardinall , and arch-bishop of canterbury , sir william peter sometime fellow of this colledge , privy counsellor to henry the eight , king edward queene mary , and queen elizabeth , have been benefactors to the same . and the late queen elizabeth of famous memory , confirmed by letters pattents to this colledge , the parsonage of stanton harecourt . in this at this present is one warden , forty fellows , two chaplains , three clarks , six choristers , besides officers and servants of the foundation , with other students , the whole number being 70. x. magdalene colledge , founded , 1459. vvilliam pattin commonly called wainfleet , from the place of his birth , having been provost of eton , juxta winsor , after bishop of winchester , and lord chancellor of england , about the thirty seaventh yeare of the reigne of king henry the sixth , founded first magdalene hall ; after that this colledge ( where s. iohns hospitall had formerly been situated ) dedicating the same to the honour of s. mary magdalene , endowing it with lands and revenews for the maintenance of one president , forty fellows , thirty demies , or scholars , four chaplaines , eight clarks , and sixteen ghovisters . since king henry the seventh , thomas ingledue , chaplaine to the founder , vvilliam fitzallen earle of arundel , knight of the most noble order of the garter , who married jane daughter of richard nevil earle of salsbury , from whom is lineally descended the right honorable , and my singular good lord thomas now earle of arundel and surrey , earle marshall of england , ut supra ; iohn forman , d. higden president iohn clamond president , robert morewent , iohn mullins arch-deacon of london , iohn vvarner d. of divinity , deane of litchfield , with some others , have been liberal benefactors ; but the number of fellows and scholars neither hath been , nor may be increased . in which at this present is a president , forty fellowes , thirty demies , or scholars , four chaplains , eight clarks , sixteen choristers , school-master , and an usher , three readers of divinity , naturall and morall philosophy , besides divers officers and servants of the foundation , with other students , being in all two hundred and twenty . xi . brazen nose colledge , founded 1515. vvilliam smith , borne at farmoutb , sometimes fellow of pembroke hall in the university of cambridge , bishop of coventry and litchfield , translated to lincolne , first lord president of vvales , and that for many years , five yeares chancellor of the university of oxford , in the first year of the reigne of king henry the eight , founded this colledge by the name of kings hall , and colledge of brasen-nose ( but he lived not to finish the same as he intended ) in a place where heretofore divers hals have been situated ( some whereof still remaine ) namely parva aula vniversitatis & aenaei-nasi , or little vniversity and brazen-nose hal , otherwise called the kings hall , with many more . after whose death richard sutton esquire , tooke upon him to perfect the same , which he accomplished ; wherein he established a principall , and twelve fellows , maintained partly by the charges of the founder , and partly by his owne charge . but since by the liberality of william clifton , william porter , iohn elton , alias baler humfrey ogle , edward derbie , iohn clamond , iohn williamson , brian higden , alexander noel dean of saint pauls in london , joyce frankland , richard harper justice of the common pleas , sir iohn port knight , iohn lord mordant , doctor barnston , george palin , and other good benefactors , this colledge is much beautified with buildings and other ornaments , for the perfecting whereof there hath been expended great summes of money , within these few years past : and at this present there are in the same , a principall , twenty fellows , besides sholars , officers and servants of the foundation ; the whole number being 186. xii . corpus christi colledge , founded 1516. riichard fox doct. of law , agent in france for king henry the seventh , lord keeper of his privy seal , principall secretary , and one of his privy counsel , embassador into scotland , bishop of excester , bath and wels , durham and winchester , godfather to king henry the eight , and then chosen master of pembroke hal in the university of cambridge , 1507. founded this colledge by the name of corpus christi colledge , in anno 1516. which he endowed with lands and revenews for the maintenance of a president ; nineteen fellows , twenty scholars , two chaplains , 2 clarks , and two choristers . to this colledge hugh oldham bishop of excester , sometimes of queens colledge in cambridge , chaplaine to the lady margaret countesse of richmond and darbie , &c. contributed so bountifully , that the next after the founder , he is entituled the principall benefactor . since by the liberality of iohn claymond first president thereof , master mordent , william frost , mistris moor , doctor reynolds , sir george st. paul knight , and other good benefactors , this colledge is much beautified and adorned , so as there is at this present in the same , a president , twenty fellows , twenty scholars , two chaplains , two clerks , and two choristers , besides officers and servants of the foundation , with other students , the whole number being seventy . xiii . christ-church colledge , founded , 1546. thomas vvolsey cardinall , archbishop of yorke , &c. growing toward the height of his honour , laid the foundation of a colledge , which from the name of his dignity , was to be called the cardinals ; & this was done upon the site of ground , where formerly had stood the ancient priory of st. friswid ; while the cardinal was raising this building he was pulled downe himselfe , and falling within the statute of praemunire , his designe for the colledge failed with the founder ; whereupon henry the eight , king of england , france and ireland , &c. having in his hands that which remained of the cardinals intentions , added thereunto canterbury colledge and vine hall , otherwise called peckwater inne . and having translated the episcopal sea from osney , he placed it here , calling this his new foundation , the cathedrall church of christs church in oxford : which being endowed by him with a fair and ample revenew , he established therein a dean , 8 canons , 3 publick professors of divinity , hebrew and greek , 60 students , eight chaplains , eight singing men , an organist , eight choristers , twenty four almsmen , and a free-school for scholars ; the revenews whereof , by a visitation in queen maries time , were converted to the maintenance of forty students more , to make up the full number of a hundred , as now it is . since that time otho nicholson one of the examiners of the chancery , hath in building and furnishing of a fair library expended the summe of eight hundred pounds . in which at this present are students of all sorts , with officers and servants of the foundation , to the number of 223. xiv . trinity colledge , founded 1556. sir thomas pope knight , founded this colledge , in the fourth yeare of the reigne of king phillip and queen mary , dedicating the same to the holy and individuall trinity , where about the year 1350. thomas hatfield , secretary to king edward the third , afterwards bishop of durham , had formerly builded a colledge called durham colledg , which was endowed with certaine lands by the gift of the founder , and robert vvalworth prior of durham , for the maintenance of eight monks , and seven clarks , such as should be thought fit to come thereunto from durham : which old colledge being by continuance of time exceedingly decayed and ruinated , the said sir thomas pope knight obtained to erect his new colledge thereon , endowing the same with lands and possessions for the maintenance of a president , twelve fellows , and twelve scholars . since by the liberality of the late lady elizabeth powlet , and many other worthy and well affected benefactors , the same is much beautified with buildings , books , and other ornaments ; for the perfecting whereof there hath been expended great summes of money ; wherein there is at this present a president , twelve fellows , twelve scholars , besides officers and servants of the foundation , with many other students , the whole number being a hundred thirty three . xv . st. john's colledge , founded 1557. henry chicheley doctor of the civil law , chancellor of salisbury , bishop of saint davids , archbishop of canterbury , &c. among other buildings laid the foundation of this fabrick , and called it saint bernards colledge . after its suppression by king henry the eight , it was in a dreame ( ut tradunt ) shewed unto sir thomas vvhite knight , merchant taylor of the city of london , & thereupon by him new built to the honour of s. iohn baptist ; who endowed it with a maintenance for a president , fifty fellows and scholars , a chaplaine , a clarke , six choristers , and foure singing men . the company of merchant taylors in generall , and divers of them in particular have been also very beneficiall ; more especially sir vvilliam craven knight , sir vvilliam paddie knight doctor of phisick , sometimes commoner of this colledge , hath given towards the building of the library , and not onely furnished it with a hundred books , but also purchased perpetuall patronages , of greek three hundred pounds , and of bagley a hundred pounds , erected a faire paire of organs in the chappel , gave twenty pounds per annum for the maintenance of the organist , &c. and as this colledge was first begun by henry archbishop of canterbury , so it is now enlarged with a fair and spacious back-court embattled , by vvilliam archbishop of canterbury : in which at this present is a president , fifty fellows and scholars , a chaplain , a clarke , besides servants , commoners , and other students , being in all 110. xvi . jesus colledge , founded 1572. hvgh price doctor of the civill law , treasurer of saint davids , procured the foundation of this colledge on the ground where white hall had formerly been situated , which was given with the edifices and gardens thereunto belonging by queen elizabeth , who is the true foundresse thereof , being so stiled in the mortmain , by her confirmed 27 junii anno regni sui 13. collegium jesu , infra civitatem & vniversitatem oxon. ex fundatione reginae elizabethae ; wherein she established a principall , eight fellows , eight scholars ; and hugh price is onely stiled a benefactor , who builded one part thereof . since by the bounty of herbert westfalling bishop of hereford , henry rowland bishop of bangor , griffith loyd dr. of law , griffith powel , and iohn williams doctor of divinity , late principall , sir eubule thelwel knight , late principall of the same , who hath made a court in a manner four-square , builded and wainscotted the hall , perfected the chappell with a curious and costly roof , seats , glasse , and all other things necessary for so sacred a place , and many other goodly ornaments ; mistris ●●ne wood widow of owen wood deane of armagh in the kingdome of ireland , with other good benefactors , it is much increased with students , and hath at this present in the same a principall , sixteen fellows , sixteen scholars , besides officers and servants of the foundation , with other students , being 109. xvii . wadham colledge , founded , 1613. nicholas vvadham of merefield , in the county of sommerset esquire , in the seventh year of the reigne of king iames deceased ; and bequeathed four hundred pounds per annum , and left in ready mony six thousand pounds to purchase more lands for the endowing of a colledge in oxford , and gave order for raising of five thousand pounds more upon his lands for the building of it , and before his death gave directions to dorothy his wife ( sister to iohn lord peter ) for the erecting of the same ; who in testimony of her love to her husband , hath since erected and perfected in such fair and ample manner , as no colledge in oxford ( for the quantity ) doth exceed the same , expending between eleven and twelve thousand pounds in the building thereof : and hath endowed and setled a perpetual estate of her owne and her husbands of near eight hundred pounds per annum in present , for the maintenance of a warden , fifteen fellows , fifteen scholers , two chaplains , two clarks , furnishing them wth serviceable officers , and other necessary ornaments fit for such a society . to which colledge since philip bisse doctor of divinity , canon of vvels , & archdeacon of taunton , gave 1849 books for their library , valued at 1200 pounds : wherein at this present is a warden , fifteen fellows , fifteen scholars , two chaplains , two clarks , besides officers and servants of the foundation , with many other students , the whole number being 129. xviii . pembrook colledge founded 1620. thomas tisdal of glimpton in the county of oxford esquire , bequeathed five thousand pounds to george abbot then bishop of london , john bennet knight , and henry airay doctor in divinity , to purchase lands for the maintenance of 7 fellows , and 6 scholars ; with which mony lands were purchased to the valew of two hundred and fifty pounds per anuum for the said use . and richard vvightwick batchelor in divinity , rector of east-isley in comitat . berk. gave lands to the value of a hundred pounds per annum for the maintenance of three fellows , and four scholars , whereupon petition being made to king iames , he granted a charter for the foundation of a colledge by the name of pembroke colledge with mortmain of seven hundred pounds per annum : which colledge was founded at broadgates hall , an ancient house for scholars , but not endowed , having onely a principall , and voluntary students therein . this colledge was called pembroke colledge in respect to vvilliam earl of pembroke , then chancellor of the uniuersity of oxon. and visitor of broadgate hall , to which king charles gave the patronage of the church adjoyning to it , viz. saint aldats , for ever . this colledge consisteth of a master , ten fellows , and ten scholars , with other students and officers , to the number of 169. there be also in this university seven hals , in which there are many students living at their owne charges , viz. glocester hall , which was first built by iohn lord grifford of brimsfield for five monks of glocester to study in : afterwards it was augmented by the monastery of the order of saint benedict , for their benedictine monks , and lastly converted to a house for scholars , by sir thomas vvhite knight , ut prius : and nine students . edmund hall was builded by s. edmund archbishop of canterbury , wherein is a principall , and ninety three students . saint albon hall was builded by the abbot of saint albons , for their monks to study in ; wherein is a principall , and ninety nine students . hart hall was builded by walter stapuldon bishop of excester , for students : wherein is a principall , and a hundred and four students . n●w inn was in the tenure of new colledg , heretofore called turlocks inne ; wherein is a principal , and 140 students . saint mary hall was founded by king edward the second ; wherein is a principall , and a hundred students . magdalene hall was founded by william waithfleet bishop of winchester , wherein is a principall , and two hundred and twenty students . the totall number of students of all degrees in this vniversity , that had names in every particular colledge , with the magistrates and daily officers thereunto belonging , besides divers young scholars that were relieved therein , which had no names in any of the colledges aforesaid , were in anno 1622 2850. and at this present there are in the same 3247. finis . oxfords triumph in the royall entertainement of his moste excellent maiestie, the queene, and the prince: the 27. of august last, 1605. with the kings oration deliuered to the vniuersitie, and the incorporating of diuers noble-men, maisters of arte. nixon, anthony. 1605 approx. 37 kb of xml-encoded text transcribed from 23 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase 1, no. a08253) transcribed from: (early english books online ; image set 21670) images scanned from microfilm: (early english books, 1475-1640 ; 1578:04) oxfords triumph in the royall entertainement of his moste excellent maiestie, the queene, and the prince: the 27. of august last, 1605. with the kings oration deliuered to the vniuersitie, and the incorporating of diuers noble-men, maisters of arte. nixon, anthony. [46] p. printed by ed. allde, and are to bee solde in paules church-yard by iohn hodgets, london : 1605. dedicatory epistle signed: anth. nixon. signatures: a-f⁴ (-f4, blank?). reproduction of the original in the cambridge university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published 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for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -i, -king of england, 1566-1625 -early works to 1800. university of oxford -early works to 1800. 2004-02 tcp assigned for keying and markup 2004-03 aptara keyed and coded from proquest page images 2004-04 mona logarbo sampled and proofread 2004-04 mona logarbo text and markup reviewed and edited 2004-07 pfs batch review (qc) and xml conversion oxfords triumph : in the royall entertainement of his moste excellent maiestie , the queene , and the prince : the 27. of august last , 1605. with the kinges oration deliuered to the vniuersitie , and the incorporating of diuers noble-men , maisters of arte. london printed by ed. allde , and are to bee solde in paules church-yard by iohn hodgets . 1605. to the right vvorshipfull , and worthy louer of learning & vertue , sr. thomas middleton knight , one of the aldermen of the honorable cittie of london , a. n. wisheth encrease of all honorable vertues . svch ( right worshipfull ) as from tim to time , haue imployed their pennes in publishing the praise of good letters , haue likewise for the most part selected such patrons , ( as well strangers as of acquaintance ) as haue bene knowne , and reputed to be learned , well minded , and well discended : imitating which custome , and prescription ( aduenturing the pardon of your discretion ) i haue imboldned my selfe ( vppon good notice taken of your true generous disposition ) to present vnto your fauourable acceptance this little booke , being a true discourse of the kings entertainment at oxford . i humbly intreate your worshippe will bee pleased to vouch of my labour , and fauour a schollers penne , with your gratious acceptation , who answers in affection , what he wants in eloquence . so shall i rest deuoted vnto you , and bestowe my future studies to effect matter of better deseruing . euer remaining : yours worshippes moste humbly affectionate . anth : nixon . oxfords triumph : in the royall entertaynment of his most excellent maiestie , the qveene & the prince . the 27. of august last : 1605. porphyrius recordeth in a treatise of his de vita plotini that when plotinus ( a famous philosopher in rome ) entred into his schoole to performe his accustomed vse of reading ; casting his eyes aside , he presently espyed origen prepared to be his hearer , at whose aspect rubore suffusus blushing , plotinus ceased to speake : which origen perceauing , requested him to proceed : but the philosopher replyed , that it was time for a professor to holde his peace , when his auditours before hand knew what he intented to teach . i make no doubt but the verie title and inscription of this little treatise giues good notise & inckling what shal be the subsequents , wherin i might very well hold my peace with plotinus being an eye witnesse of so many learned philosophers & others in place , that could both ornatius dicere , & concinius agere , a matter of such worth then my selfe . but as in causis vniuocis est semper verum , that nemo dat quod non habet : so in officious performances where there wants abilitie , the next degree to well doing is to bee faithfully willing , and desirous to doe well . for bona pars est probitatis , toto pectore velle fieri probum . therefore hauing bene a member of that famous vniuersitie , and fortunate mother of all learning , that from her fruitefull wombe , hath sent foorth so many sufficient schollers to supporte her owne reputation , and to supply the defects and imperfections of others : i among the rest , ( though the vnworthyest of all ) in gratefull remembrance of some former benefits receiued from her , haue taken so vppon me to set downe the true ioye which she expressed by externall actions , as voice and gestures ( the signes of eternall loue and passion . ) through the windowes whereof a man might easily passe with the sight of his vnderstanding , and discouer the secret affection and gladnesse conceited by the approach of his most excellent majesty , the queene , & young prince , vnto that their worthie cittie of oxford . for vpon tuesday the 27. of august laste , his maiestie comming from vvoodstocke to oxford , the earle of dorset lord chauncelor , accompained with the vice-chauncelor , the doctors , proctors & certaine senior masters , rode foorth vpon their foote-cloath horses , verie richlye furnished to meete the king , whome they expected about aristotles well , where hauing intention that the vice-chauncelor should first salute his majestie with a speech , maister maior with his company passed by without regard to them , purposing indeed that his orator should first speak , which when the lord chauncelor perceiued , he presently sent to the maior , and charged him to surcease his purpose till the vice-chauncelor had finished his oration to the king : with which message the maior was little pleased , yet his mends were small , for hee retired with speede , and had no better excuse for himselfe , then to say hee did not see them , notwithstanding they were hard by him , and all in their scarlet gownes . after this , his maiestie drawing neere , the lord treasorer and the vice-chauncelor repayred vnto him , who stayed his course , and rayned his horsse of state whereon he rode : the vice-chauncellor presenting him-selfe with his speech vnto his highnes , surrendring vp the keyes of the vniuersitye , and the beadles deposing their staues , and laying them downe at his majesties feet : further deliuering vnto him the new testament in greeke , very fairely bound , and richly guilded : vnto the queene a purse , & to the young prince a paire of gloues . with which oration at his first meeting , and the seuerall guiftes presented vnto them , the king , queene and prince , were so well pleased and delighted , that the whole vniuersitie receiued much content & comfort . after the lord chauncelors , and the vniuersites salutation , maister maior addressed himselfe towards the king : and by the mouth of the townes orator , he & his bretherē pronounced an english speech to his majestie , and presented three seuerall cuppes : the one to the king , another to the queene and another to the prince . maister maior rendring vp his mace , striued with himselfe to doe all duetifull obeysance that might be accepted , which the king discouering , verie graciously encouraged , and gaue him great and heartye thankes for his good will and louing duetie towards him . this finished , his majestie passed along till hee came before saint iohns colledge , where three little boyes comming foorth of a castle , made all of iuie , drest like three nimphes , ( the conceipt wherof the king did very much applaude ) and deliuered three orations : first in latine to the king , then in english to the queene and young prince ; which beeing ended , his majestie proceeded towards the east gate of the citie , where the townes-men againe deliuered vnto him another speech in english . that speech ended , the king with all his traine of noble men and others , entred the cittie , where in the after noone about one of the clocke , by the ringing of a bell at saint maries church , the schollers in their formalities according to their seuerall degrees , were gathered together and repaired towards christe-church gates , where they began to be placed and rancked . they stood all of one side of the streete without any intermixion eyther of strangers , townes-men , or any others that were not schollers of the vniuersitie , and were of the left hand of the king as he passed by . next to the gates of christ church ( where his majestie was receiued ) stood the doctors of diuinity in their scarlet : next thē the doctors of phisick , & then the doctors of lawe : next them the batchelers of diuinitie , and the senior maisters of arte in their silke hoodes : then the batchelers of law , and the regent masters in their miniuer hoods , and then the batchelers of arte. all which graduates , reached from christes church to aboue carefex . next to those graduates , stood the vnder graduates , whose rancke thus placed in this seemely decorum , reached to st. giles . his maiestie still passing along into the cittie by the easte gate of it , where ( as is before remembred ) the townes-men deliuered a speech and the schollers gaue him a viuat . from the easte gate , his majestie marched along till he came to carefex , where doctor perin was placed in a pue , and saluted him with a greeke oration , which while hee was pronouncing , the queene asked the king once or twise what hee said ? and he answered her , that he spake verie well and learnedly . from carefex , the king with the queene on his left hand , & the young prince next before them ( all on their seueral great horses ) marched downe the streete , till they came to christ-church , where at the gates , the vniuersityes orator made an oration vnto him . after the speech was ended , the deane and the prebends with all the students of christ-church , were ready at the gates in their surplesses and hoodes to receiue his majestie : and carrying a canapie ouer him , they first conducted him to the church , at the entring whereof there was an oration deliuered vnto him : and in the church the deane himselfe made another oration , and so went to prayers , after which his majestie accompained with the queene and the prince , and a troope of lordes and noblemen , was brought vnto his lodging . the prince hauing accompained the kings majestie vnto the chamber of presence , departed : and betaking himselfe to his coach , went straight to magdalen colledge , where the president standing in the gates , receiued him with all joyfull reuerence and duety , and passing into the chappell , he had an oration pronounced vnto him . after which , the prince going vnto his lodging , heard disputations , that were made before him by certaine noblemens sonnes , which at this time are students in magdalen colledge , with the which he outwardly shewed , how inwardly hee was delighted . after supper his majestie , the queene , and prince , with the noblemen , had a comedie played before them in latine in christ-church hall , which continued the space of three houres and more . vpon wednesday in the morning , being the 28. of august , betwixt nine and ten of the clock , his majestie came into st. maries church to heare the exercise : where first the kinges professor in diuinitie , created the deane of salisbury doctor of diuinity before his majestie , which being finished , they addressed them-selues to diuinitie disputations . the questions being : vvhether the saints and angels doe know the thoughts of our hearts ? vvhether in the time of pestilence the pastors of the church are tyed to visit the infected ? the moderator . doctor abbat deane of vvinchester . the answerer . doctor aglionbye . the opponents . doctor gordon , deane of salisbury . doctor holland the kings professor in diuinitie . doctor tomson deane of vvindsor . doctor feild . doctor riues . doctor harding . doctor ayrie . wherof the prior opponent , first proposed the questions vnto the answerer , then the answerer after repetition made of the questions , made also a short speech consisting of a briefe preface vnto the king , and a shorte explycation of the questions , and so entred into disputations , which continued the space of two houres and more : all which time the king was verie attentiue , and much delighted and pleased . the proctors in the meane time , as in all other disputations following , sat according to their accustomed manner in their formalities , and in their pue , vsed the same forme of speaking , as they did in all other vsuall actes . on wednesday after dinner , law disputations were had before his majestie in saint maries church . the questions being . 1. vvhether the iudge be bound to followe the lawfull proofes , or euidence produced in iudgement , against the truth priuately knowne to himselfe ? 2. vvhether a truce or league is to bee considered according to good meaning , or according to the strictnes of lawe ? the moderator . doctor gentilis . the answerer . doctor blincowe . the opponents . doctor weston . doctor bird. doctor martin . doctor husey . doctor budden . doctor lloide . in these questions , his majestie ( as chiefe moderator ) did speake some sixe or seauen times in verie good latine , and to verie good purpose , and so sufficiently satisfied the standers by of his learning & wisdome , that they highly applauded the same with exceeding admiration : for at euery time his majestie spake , all the people clapt their hands , and cryed viuat rex iacobus . these disputations continued from two , till fiue of the clocke in the after noone , which doctor gentilis as moderator , concluded with a speech . where obserue by the way , that doctor martin ( one of the opponents ) after that he had giuen ouer disputing , and an other had vrged his argument , doctor gentilis being forward to speake , and taking vppon him , otherwise then was accustomed by other moderators to interpose his sentence , and to answere to arguments which were vrged ; doctor martin ( i say ) not liking well of doctor gentilis his answere which hee made to his argumēt , did vpon a sudden rise vp , & began to dispute againe , saying that he might as well dispute out of order , as doctor gentilis might moderate out of order . wherwith the king was wonderfully mooued to laughter . vpon wednesday at night after supper , there was a tragedie set out by magdalen colledge men , acted before his majestie in christ-church hall , which was verie long , for it continued from nine till one of the clocke , the subiect whereof was of aiax and vlisses , but the deuice was so costly and curious in setting the same foorth , that it was not thought teadious , but the king shewed himselfe verie well pleased , and content with it . vpon thursday in the morning , being the 29. of august , betwixt nine and ten of the clocke , phisicke disputations were had before the king in saint maries church . the questions being . whether the manners and disposition of the nurse is taken by the infant in sucking her milke ? vvhether the often taking of tobacco bee wholesome for such as are sound and in health ? the moderator . doctor vvarner . the answerer . doctor paddy knight . the opponents . doctor aileworth . doctor bust. doctor guinne . doctor gifford . doctor ashworth . doctor chennell . in one of these questions , doctor paddy being answerer , held against tobacco , being a great drinker of tobacco himselfe . heere his majesty was exceeding merrie & pleasant , for there were many jestes which ministred laughter . for one in his speech did bring forth a tobacco pipe , & vrged the manner of the phisitions in india , which was that they should be drunke with tobacco , & so goe to their patients : whereat the king laughing heartily , said that our phisitions should goe to the indians to be drunke , that so they might minister phisick . these disputations were cōcluded by doctor vvarner , who made a learned , judicious and well approued speech before the king , which his majestie did very much applaud , and commend . after phisicke disputations were ended , the kinges maiestie , the queene , and the prince , with all the noblemen , rode to new-colledge to dinner , being inuited thither , by the right honorable the lord treasorer , lord chauncelor of the vniuersity : who of his noble minde , and loue to learning and her professors , the same day sent to euerie colledge a bucke , and twenty shillings a peece to be bestowed in wine , wherewith the schollers did so thankefully frolicke it , that by exterior meanes they manifested their interior mindes and gratitude for so great fauour frō so worthy and honorable a personage : for as virtus laudata crescit : soe doe schollers then moste striue to prooue absolute , when they finde the nobilitie , to supporte their studies , and to cherish their indeauors , as did virgil by the liberalitie extended by mecoenas . and what made alexander by learned pennes so eternized to succeeding ages , but his bountie in giuing giftes , and bestowing benefits ? and his magnificent deportmēt in powring foorh his treasures to the encouragement of learning ? this wonne him incomparable loue of all that dealt with him , and of the learned professors of his time . for the dignitie of any principle , enchaunceth the effect . as a meane worke proceeding from an excellent workeman , winneth in regard of the authour , farre more credit , and reputation , then if it had proceeded from an artificer of lesser account . so in like manner a smal guift comming from the hands of a great person , carieth euer a sent of a certaine greatnesse , and relisheth great power to produce great effects in the receiuer , and stirres him vp to a continuing desire of deeper and further deseruing . well , i will not be nimis curiosus in aliena republica , but returne to what proceeded in the after noone . after dinner , his majestie , together with the queene , made greate haste to saint maries , where first of all , naturall philosophie disputations were acted . the questions being . whether golde may be made by arte ? whether imagination may produce reall effects ? the moderator . maister porter . the answerer . maister andrewes . the opponents . maister lapworth . maister baskeruile . maister clayton . maister mocket . maister pinke . maister boulton . to these questions , his majestie gaue great heede , & many times interposed his opinion of the arguments , which were proposed very learnedlye and philosophically , especially of this one question , which was : an ars chimica possit producere aurum ? concerning this , he made a long discourse in latine , which did so fill the auditors with wonder , and admiration , that they generally concluded , and pronounced our countrie to be that common-wealth , which plato affirmed , to be happie and blessed , vnder the gouernment & protection of a king so learned , wise , and vertuous : and euerie man prayed that the poysonfull heartes of his enemies , might no more preuaile against his might , nor no more impaire his greatnes , then an emetts blaste the mountaines of hircan , or caucasua . after naturall philosophie disputations were concluded by the moderator , disputations begunne in morrall philosophy . the questions being . vvhether it be more to defend , or enlarge the boundes of an empire or kingdome ? vvhether that is iust and vniust , consisteth vpon lawe onely , and not vpon nature . the moderator . maister fitz harber senior proctor . the answerer . maister ballowe . the opponents . maister barkham . maister langton . maister king. maister winniffe . maister iuckes . maister thorneton . in this also the king did speake with such learning , as apollo , if his tripos were vp againe , would pronounce him his socrates , especially in that question . an melius sit fines imperij propagare , quam tueri ? wherein hee many times vrged contrarieties to finde out the certaintie , indeauouring in knowledge to winne a full and compleate perfection . and it seemeth that hee had much accustomed himselfe to study and disputations to attaine that inward comfort : quod nemo nouit nisi qui accipit . for as vse had bred in him facilitie , and facilitie confirmed nature ; so his nature seemes stronglye inclined to vertue , and that can hardly be diuerted from her common course , but followeth still her vertuous determination . therefore greate hope ( to a generall comfort ) is to bee conceiued of happinesse to the people , where the king both by nature and custome hath wrought in himselfe a perfection of vnderstanding , which once purchased is not easily supplanted : whereunto agreeth that vulgar axiome of philosophers : omnis habitus est difficile separabilis a subiecto . but these disputations , by reason of the shortnesse of the time , were verie compendious and briefe , for least his majestie should bee wearied with teadiousnesse or prolixities , the proctors did cut off the opponents verye suddainelye , insomuch that before all the opponents had disputed , they spoke to the moderator that he should conclude : which the king perceiuing , and that there was one left out , which had not disputed , his majestie gaue commaundement that hee should dispute also , so desirous hee was of hearing . after that , the senior proctor , which was moderator in the morrall disputations , made conclusion of all . the which being ended , and that being the last of the disputations & exercises , his maiestie did as heere followeth make a moste gracious and pitthy speech in latine to the vniuersitie , which did so glad the hearts of the hearers , that euerie man went away , and parted sorrowfull for the kinges so short tarryance and so sudden departure . which for that nothing is so curious , and thirstye after the knowledge of vnknowne matters , then the nature of man , ( for so saith chrysostome , homil : 9. ln 1. ad thessa ) nihil it a curiosum est , et auidum ad rerum incognitarum cognitionem , vt humana natura . i haue for the satisfaction of such as vnderstand not the latine , truely set downe the same afterwards in english . oratio regis in comitiis oxoniensibus . non potestis à me comptam , & politam orationem expectare , neque enim vnquam otium habui colloquendi cum doctis & disertis viris , & oratoribus , ideóque disertus & literatus esse non possum , hoc verò expectare potestis , quod vt sum , & semper fui , ita ero literarum , & literatorum omnium mecaenas ornatissimus . quod verò ad illustrem vestram academiam attinet , hoc certo certius vobis persuadere potestis , quod ei semper futurus sum propitius . vos verò debetis purū dei verbum retinere , romanas superstitiones fugere , & fugare & schismata , ac nouellas opiniones remouere , respuere , & aduersari , inartibus autem vestris , & disciplinis , ( vt heri quidam ex ornatis vestris theologis dixit ) nō oportet vos gradum sistere , sed progressus semper facere , & praxim cum theoretica coniungere , vt vita vestra cùm professione vestra maneat recōciliata : sic , & eo modo viuendi , dei gloriam promouebitis , expectationem meam implebitis ; meque regem vestrum gaudio replebitis , & vobis ipsis fructum vberem facietis , et locupletem . the kinges oration englished . you may not looke from me for any polished or refined oration , for i haue not had leysure at any time to conferre with learned men , or eloquent orators , therefore i my selfe cannot be eloquent , and ●●arned . but this you may expect at my ●●nds , that as i am and alwayes haue beene , 〈◊〉 will euer remaine a worthy , and faithfull ●●●caenas to learning , and the professors therof . and as concerning this your famous vniuersitie , you may certainely be assured that i wil alwaies be a fauourer vnto it . then you for your partes must be carefull to maintaine the pure worde of god : to flye and put to flight all romish superstitions , and to remooue , forsake and abolish , all scismaticall , & new opinions . and in your artes , and disciplines ( as one of your learned diuines taught you but yesterday ) you ought not to stande at a staye , but alwaies to goe forwarde , and to ioyne practise with your contemplation , that in your life and profession there may a sympathy and coherence . so shall you aduaunce the glorie of god , satisfie my expectation , make me a ioyfull king , and reape vnto your selues a most plentifull haruest , and a moste worthy commendation . with this speech thus concluded , his maiestie arose , and gaue vnto the doctors and the rest , manie thanks , for their paines that they had taken : and vnto all he shewed himselfe so gracious , and with so louing a countenance , that by his outward appearaunce might be well discouered , how inwardlie he was satisfied , and pleased , with their learned answeares vnto the seuerall questions : and so returned backe againe to christchurch . where vppon thursdaie at nighte after supper there was a comedie plaied by saint iohns men before his maiestie . the subiect whereof was the foure complexions . this comedie was so richlie set foorth and beautified , with such curious and quaint conceipts and deuises , as that it made his maiestie pronounce himselfe as muche delighted therewith , as with anie sight ( of the like nature ) at anie time heretofore presented vnto him . the next morrowe , beeing fridaie , the thirtieth daie of august , was the daie of his maiesties departure from oxforde , and as soone as the sunne had vailed the curtaine of the night , he got vp , carrieng the opinion of caesar. lucan . lib. 2. in fine . nil actum credens , cum quid superesset agendum . that he had done nothing , when any thinge was left vndone : and mounted himself with diuers of his nobles to see the vniuersities librarie , which is in length all ouer the diuinity schoole . the scituation whereof is so pleasant , that the grounde whereon it is seated is diapred with floraes riches , yet is it farre more glorious , hauing placed within her circumference so famous a monument of such worke , and workemanshippe . round about , in forme of an amphitheater , are placed colledges , and in the forefrōt thereof , in the place of oakes , elmes , and pine-trees , all which are comfortable trees to defende her from the furious wrathe of winde and weather , are planted the schools of the seauen liberall sciences , to adorn and beautifie her with the inward plenty of their wisedome and treasure . as for the lybrarie it selfe , it hath a verie long , large , and spacious walke , ouer the schoole of diuinitie , inter-seamed on both sides , from the one ende vnto the other , very thicke with seuerall partitions , with certaine seates and deskes before them to sitte downe vpon and reade . these partitions are in euerie place filled full of shelues , and vnto the shelues are there many bookes fastened with chaines of jron : euerie volume bearing his name and title , written on paper or parchment , in faire roman letters , and euerie partition hath an jnscription of the faculties , as whether her bookes bee either of theologie , philosophie , astronomie , geometry , or any other art , &c. the bookes that are conteined within this lybrarie , are verie rare straunge and scarce , seldome or not at all to be heard of or seene in any place but there . all of them verie richlie guilded , and manye of them bossed either with siluer or golde . all these are so fairelie kept and maintaind , as if the goddesse of wisdome hadde selected and reserued it a paradice to entertaine the muses : therefore j conclude of it thus , that dignitatem eius , difficile est vt homo explicet sermone . this obiect being presented vnto the sight of his maiestie , did so sensiblie discouer his delight therewith , that he reported it a most admirable ornament to the vniuersitie : and gratiouslie promised himselfe , a royal friend and patron for euer . whilst his maiestie was thus busied in taking of this suruey of the librarie ; the queen and prince were in the meane space , as much delighted with an english comedie , presented and plaide before them in christ-church hall , by certaine schollers : which was as rich lie set forth and perfourmed , as with as great applause , and commendation as any of the rest that had beene before since the kinges comming to oxford . jn the meane time also diuers of the noble men went to saint maries in their hoodes , and formalities , and were presented , and incorproated maisters of arts. as the duke of lennox . the earle of northumberland . the earle of suffolke . the earle of salisburie . the earle of pembroke . the earle of arundell . the earle of oxford . the earle of essex . the earle of montgomerie . the earle of rutland . the lord mounteagle . the lord howard baron of effingham . the lord howard baron of waldon . the lord vicount cranburne . with diuers others , of the noblemen and knights , that came in so confusedly that as yet there is not a perfect register gathered of their names . after his sighte of the vniuersities lybraries , he betooke himselfe towards magdalen colledge , to see that also : accompanied with diuers of the nobility , wheras the president and diuers the rest of the fellowes , stoode readye to receiue him , also at the chappell doore he was royally entertained and at his entrance , there was a latine oration pronounced vnto him . which being ended , hee stoode a prettie while reading the verses that were written in latine by certaine noblemens sonnes students in the same colledges , and set thicke on both sides of the chappell gate , as there was also diuers others placed rounde aboute the courts of other schollers writings . thus when his maiestie had viewed the chappell , he was forth with conducted into the cloysters , and from thence into the squadrant court within the cloysters , wherehe staied a good space , taking a thorow view of all such seuerall pictures as were there set vp round about , and now against this entertain were newly trimmed and painted , which caused his maiestie to demande the meaning of them , wherein the president and others fully resolued him . from thence he returned backe to christ church againe vnto the queene and younge prince , and in the waie ( as is credibly reported ) he woulde needes be guided to brazen nose colledge gate , that he might be made an eie-witnesse of that , of which he hadde so often heard , and that whereof the colledge carrieth the name . and both as he passed forth of magdalen colledge gates , and so vpwardes all along , the schollers cried viuat uiuat , &c. and the others of the multitude , with a loude voice , god saue king iames , &c. much about twelue of the clocke the same day he tooke his leave , and left the vniuersitie , addressing his course towardes windsore castle . and a little on this side whayt ley , some fiue or sixe miles from oxford , his maiestie and the queene parted , the king purposing that night to lie at the ladie russels a little from maiden-head , & the queen at sir francis stoners , a little from henly vpon thames . thus was oxford left a mournefull place for the suddaine departure of her most dread soueraigne . crying , oh istos ( augustae ) dies , oh profer in annos , & lustrum ex annis , elustris soecula surgant , e soeclis aeuum , nullo numerabile motu , vt nostros dudum quot quot risere dolores gaudia iam numerent , intabescantque vicendo . oh emperor draw forth these dais to years , yeares to an age , age to eternitie : that such as lately ioyed to see vs grieue , may sorrow now to see our perfect ioyes . but all in vaine , for as titan appeares not from the east , to make one place only gorgeous with his sunne-beames . so his maiestie is nowe departed from thence , to make other places also hapie and ioyfull at his royall presence , and to present suche with the brightnesse of his fauours , as haue muche languished for his long absence . thus as his entrance into the cittye , filled euerie parte of it with great ioy and admiration , so likewise his departure lefte the vniuersitie thus lamenting his short continuance and tarrying amongst them . oh think ( augustus ) how the muses moorn , which ioyde of late to see thy soueraigntie : think how at this retire they wring their hāds , distilling from their eies salt shewers of tears to bring in winter with their sad lament ? and to this purpose play their seuerall parts , for how can sōmer staie , when sun departs ? think how syluanus sadly sits , and grieues , to see that autumn with his withered wings , wil bring in tempest , now thy beams are gon leaves , and fill each colledg-groue with wind-faln that did but lately flourish with green trees think how at this ech colledg feels hir smarts for how can sumer stay when sun departs ? thinke how thy learned graue collegians which at thy entrāce shew`d their inward ioyes and smooth`d the waie , and strew`de it with sweet flowers , now if they durst , would stop it with greene boughes , least by thine absence the yeares pride decay , such griefe conceit thy scholers ( mē of arts ) to see how summer slides , when sun departs . thy students weep , and colledges mourne in blacke , birds cease to sing , and euery creature wailes , to see the season alter with this change , and how thy going workes a suddaine woe , turning our mirths to sable sad lament , our ioyes are now turn`d al to mournful parts , to see how summer slides when sun departs . returne then soone , oh soone return againe , for summers parting is thy peoples paine . oh come again , thou art thou art our worlds bright ey , whose presence so adornd our academy , thou art our sun , then bring againe thy light , els doth thine absence make eternall night . well : hope is a sweet stringe to harpe on , which sends a second comfort to cure all discontent , for his maiesties most royall fauor and countenance considered , giues the whol vniuersity hopefull perswasion that hee will alwaies remain her faithfull remembrancer . which god grant he may doe , and that he may continue manye and most happie yeares , to fauour and foster her , and all others which doe truely loue , and honour him . finis . a brief answer unto the cambridge moddel which is to go to the two universities to be read by all the doctors and students, vice-chancellor, and fellows, as they will answer it to god : and likewise this is to go to all those they call gentlemen to the countreys to whom this moddel is directed, from the doctors, for money to maintaine the students : and is to go amongst all the priests that are, and have been heretofore made ministers by the same doctors of colledges, now planted themselves in the countreys, and this is to go amongst all the country-men, that they may see the fruits of the learning from the doctors, which fruits is persecution ... / by e.m. e. m. this text is an enriched version of the tcp digital transcription a50441 of text r22561 in the english short title catalog (wing m15). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 36 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a50441 wing m15 estc r22561 12743408 ocm 12743408 93174 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, 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(eebo-tcp ; phase 1, no. a50441) transcribed from: (early english books online ; image set 93174) images scanned from microfilm: (early english books, 1641-1700 ; 696:23) a brief answer unto the cambridge moddel which is to go to the two universities to be read by all the doctors and students, vice-chancellor, and fellows, as they will answer it to god : and likewise this is to go to all those they call gentlemen to the countreys to whom this moddel is directed, from the doctors, for money to maintaine the students : and is to go amongst all the priests that are, and have been heretofore made ministers by the same doctors of colledges, now planted themselves in the countreys, and this is to go amongst all the country-men, that they may see the fruits of the learning from the doctors, which fruits is persecution ... / by e.m. e. m. worthington, john, 1618-1671. [2], 14 p. printed for thomas simmons ..., london : 1658. addressed to john worthington and others. reproduction of original in huntington library. eng church of england -controversial literature. university of cambridge. university of oxford. a50441 r22561 (wing m15). civilwar no a brief ansvver unto the cambridge moddel. vvhich is to go to the two universities to be read by all the doctors and students, vice-chancell e. m 1658 7221 6 0 0 0 0 0 8 b the rate of 8 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2004-08 tcp assigned for keying and markup 2004-08 apex covantage keyed and coded from proquest page images 2004-09 emma (leeson) huber sampled and proofread 2004-09 emma (leeson) huber text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion a brief answer unto the cambridge moddel . vvhich is to go to the two universities to be read by all the doctors and students , vice-chancellor , and fellows , as they will answer it to god . and likewise this is to go to all those they call gentlemen of the countreys to whom this moddel is directed , from the doctors , for money to maintaine the students . and is to go amongst all the priests that are , and have been heretofore made ministers by the same doctors of colledges , now planted themselves in the countreys . and this is to go amongst all the country-men , that they may see the fruits of the learning from these doctors , which fruits is persecution . and also that they and all people might come to learn of christ the prophet , which is raised up , which doth enlighten every man which comes into the world , high and low , rich and poor , bond and free , male and female , that all through him might believe , who is the covenant of god , the leader of the people , whom they should hear , who reconciles in one , things in heaven , and things on earth , who brings into unity , which is in the light which every man which comes into the world is lightned withal , which is christ , that abraham and the prophets , and moses spake of , he being enjoyed , the end is seen . by e. m. london , printed for thomas simmons , at the bull and mouth neer aldersgate , 1658. john worthington , john arrowsmith , anthony tuckney , benjamin wichcot , ralph cudworth , william dillingham , priest baxter , and matthew poole . some of their principles , as followeth in a moddel for the maintaining of students , for the making of ministers , and is presented to the gentlemen of the countrey , whereby these ministers when they are made , may be sent out into ireland and wales , and into the dark places of england . oh shame ! cover your faces , you chief doctors and teachers ; was this the work of the apostles ? and is this the end of your so many thousands of pounds a a year you have out of the nation ? and hundred pounds a year stipends ? doth not your gold and silver begin to burn in your flesh and your bones ? hath it not cankered your flesh yet ? is it not rusted in your flesh yet ? will you make ministers and young students for money ? did the apostles go begging up and down to gentlemen ( as you call them ) for money to make students , to make ministers ? did christ set forth such a way ? now this is the way to make ministers of the letter , who are persecutors of the ministers of the spirit , for maintenance , & the people of god : and you are more for the maintenance , and they both , when you have made them , then for the glory of god ; and you are quite out of the steps of them that christ sent forth , that what was set before them they might eat : and the foundation of your work lyes in your naturall parts , and in your abilities , buying and selling parishes , and begging parishes , and changing one from another . nay , i know you priests , black-coats , and doctors , would eat up one another , who are the worst of men , and the worst of flesh , which is become as the carrion , fit for nothing but the wilde beasts , and wilde creatures , and fowls , and your fruits in all the gaols in the nation , of the ministers you have made , declares it , in prisoning , and the courts suing and prisoning them , you do no work for ; a shamelesse company of men , they are so ill bred at oxford and cambridge , such a place of ill breeding , that you bring a nation and people into confusion : but praised be the lord god you are all measured , and comprehended , unlike the ministers of the gospel , unlike the church ; but your hearts ( appears ) are seared with a hot iron , when you have made your ministers , both maker , and made destroy people for dishonest gain , who pretend to people that you are ministers of christ , and be not , which comes out of the two drosse houses , oxford and cambridge , and sends forth your ministers you have made , makes a trade of the scriptures , and sells their preaching and praying by the hour-glasse , and tells the people when the glasse is run , the time is spent . doth not all the sober people in the nation behold here your folly ? and you sing davids quaking , and prayers , and praises , and prophecies for money ? for what priest will come in the steeple-house , and sing without money ? away with your abominations , is this your moddell for money ? come sing freely , and praise the lord freely , yea all nations to the free god of heaven and earth : and preach freely , if yee have received freely . but then scrubs the priest , and saith , it hath cost me money , and murmurs ; come pray freely without money for the people to the lord , then he will hear your prayers without your wrath , for your polluted hands is so full of blood and persecution for your bellies , as your courts and gaols may witnesse , and houses of correction , and stocks , and whipping posts , for the servants of the lord god : but i will arise and be eased of mine adversaries saith the lord . and you are far off the mount and sions hill , who are thus choaked up with stipends and augmentations , gleab lands , midsomer dues , and easter reckonings , and tythe pigs and geese , &c. gifts and rewards , and hands so full of blood , persecution , wrath and doubting of ever overcoming sin and imperfection . for what good ( when you have made them ministers by money , and send them forth to preach for money ) what good do they do for it ? you tell your hearers they shall never be made free from the body of sin , nor imperfection , they shall always carry the body of sin about them , while they are upon earth , and that they can never be perfect , so denies the new covenant that blots out sin and transgression , in which men have peace with god . you deny the blood of jesus christ which cleanseth from all sinne . you deny the one offering christ jesus , who hath perfected for ever them that are sanctified : and so in this state you deny christ that died at jerusalem , and so you are in a worse state then the first priest hood , which the comers to it was not made perfect , and the first covenant , and so you are such as are crept into houses , and have the forme of godlinesse , but denies the power , and keeps people alwayes learning , laden with sin and divers lusts , never able to come to the knowledge of truth , like unto jannes and jambres , that would have kept the children of israel in temporal aegypt , and so you keep them in spirituall aegypt , sodome and gomorrah , where christ is crucified , though it be in the land of canaan , and you voluptuous professors and teachers , and called ministers , and makers of them , consider this , for the fire of the jealousie of the almighty is entring into your bones , and your flesh , and the dread of the lord god almighty will finde you out . take counsel never so much together against the lords annointed , & the just , he will break you to pieces like potters vessells : and light will break forth , though you be in never such great houses of darknesse , though you swell like the sea , and rage like the waves , and yell like the lyons , who want their prey , and roar like the bear bereaved of her whelps , and raven like wolves , and carry the lambs and sheep into houses of correction for your prey , because you cannot get meat of them , whom the lord is their shepherd , who follows christ , and hears his voyce ; who hath put his sheep forth from you to whom he hath given eternall life . though you roar in your pulpits , and make the ignorant people like a raging sea , all of a fire against the lambs and little ones , the lord will still the waves and lay the tempests , and hath put the hook in the jaws of the great leviathan in the sea . come ye babes and little ones , and rejoyce over them in the lord , who is causing light to break forth out of darkness . the two places , oxford and cambridge , which makes ministers : the things which is seen concerning them is , they are like two woods , full of black trees , which are blackned with smoke , and a few leaves hangs dropping on the tops of them , like unto trees at the fall of the leaf , and they stand as it were in a quagmire , which is made up with the fat of the nation , and the exacting of poor people , and wringing of them , like a great heap of myery soft earth , and when the wind blows the quagmire puffs at the bottom of it , and there is but little mosse growes on the trees , because of the smoke , and these trees bears no fruit , but a few dropping leaves as it were in the end of summer , so they stand as the shaking off with a great winde , whose leaf fades , and so as they are carried out of that quagmire and wood and banke , undressed , they are planted in the countries like starved trees in the forest , beaten with windes and weathers , dried with bark on , and some mosse on them , and scarce leaves . now these be the fuel for the fire , which cumbers the ground , fruitlesse trees , and the nations and the earth hath layen like a wildernesse , and these trees have not born fruit , and their leaves fades and falls ; and the fruitfull trees of the field begins to clap their hands who beares the fruit , whose leaf never fades nor falls , that is by the river , and the smoak of these two woods before mentioned hath almost smoaked off the barks of them , for they have scarcely the outside of them nor leaves , but they are droping down continually , and they must all drop off and appear bare , for they have not any to cover them , and all your works and the intent of your moddel , is to get money that you might make ministers , are you like the apostles in this ? have you thrust out christ , and denyed the faith , will you let christ have no room , but in your mouths to talk of him ? had ever christ any place but in the manger amongst the professors , & them that lived in lip service , their hearts far off from god ? had not the great professors hebrew , greek and latin in the dayes of old , the great talkers of christ ? and he had no place amongst them but in the manger in the stable , are not you making ministers , and begging money of the gentry , and frighting their evil consciences if they will not give it you ? and the highest when you have made them is but hebrew , greek and latin ; which is but natural , and so is but a natural man , and the natural man receives not the things of god though he hath hebrew , greek and latin , though he can talk of all scripture in those languages , and will put christ in the stable and in the manger , and let him have no room in the synagogues as the jewes would not , but was all full of wrath , and rose up against him , and put him out of the synagogue ; and do not you & your ministers put him out of your synagogues , and put him in prison ? is not this the fruits of your ministers , and your makers of them ? sure people will be wise , and not spend their money for that which is not bread ; where was there such degrees amongst the apostles as is amongst you and the papists , batchelors and masters of arts , and so forth ? and where did the apostle chuse boyes , out of schools , and send them to a place to learn hebrew , greek and latine 7 or 8 years , and that such should be made ministers , is not this by men and of men ? doth not all this come out of your own names ? let the wise in heart judge ; so if one come in his own name , the world receives him , but who comes in the name of the lord the world will not receive him . and whereas you say some have been but four yeares at the university , they are through poverty forced to go away , to enter into the ministry while they are raw , which should have stayed four years more , having been provided for . are you not ashamed , doth money make your ministers ? was it not money that made all the false prophets and the selfish ends ? how are you like ravens , and the lilies , and the grasse , are you not all comprehended here amongst the heathen ? and your rawness both ministers and makers hath sufficiently appeared , and declared it selfe to the whole nation , and when you have made them at 8 yeares standing and 7 and 4 , and has gotten all his learning , hebrew , greek and latine , and other languages which the gentry of the country must maintain them , and poor people besides , when he hath gotten all his carnal weapons , and armed himself with them , and got up into his steeple-house , one of them , the poor dispised people , a woman , a lad , or a girle , come and but look this priest in the face , as he is in his pulpit with all his goliahs weapons , carnal languages , he falls before them , him or her the said quaker , and cryes take them away , they disturb me , to the house of correction with them , to the prison ; and thus the student and minister shames both count●y and gentry , and they are ashamed of him ; have wee given our money , cry they , and hath he had fifteen pounds and 20l . and 30l . a year for 7. or 8. yeares together , and now there comes a poor simple quaker , and bids him fear god , and his mouth is stopped ; he would have them prisoned , surely cryes the gentry and the country , these fellows minde nothing but their bellies , and have made a prey of us , and it is true what quakers sayes , we have spent our money for that which is not bread , and we will even turn to christ who is that bread which comes down from above , and know the ministers that are made by his will , which he and the father sends forth , for these are all below , and are made by men , and by learning , and serve apprentiships like prentise ▪ boys , and we have given our money to them , and now they are not able to stand before such as cannot read letters , but will have them to be prisoned , and we have been partakers with them , and so uphold the priest , which some have smarted for , let others take warning . and you say , your aime is to bring up schollers with parts and learning to supply the church with choice ministers , that they may be pillars of the church . was ever they made pillars of the church that came in their own names ? are not the heathen and papists and jesuites your example in this , and will they not over-wit you in this ? were not they the first authors of it of making ministers by their learning ? and did ever that in all ages do good , to make a minister of christ jesus , to give him the spirit , to give him the gift of god ? was not all the earth of one language before babel ? and did not nimrod the mighty hunter before the lord , who came out of cursed cams stock , begin to build babel whom god did confound into many languages ? and is not that the confounded language your original ? was not all this from the spirit , did god confound his spirit ? and had not pilate which crucified christ hebrew , greek and latine ? did not he set this up a top of christ when he crucified him ? so babel is the beginning of it , a top of christ it stands , pilate set it a top of him , a top of life , a top of truth , and could pilate open the scripture or the jews that had hebrew greek and latine , and not the life ? did not they prison and persecute and kill as you do , and could not open scripture ? no more cannot you without the life of christ : did not the false prophets , antichrist inwardly ravening , who got the sheeps cloathing , that christ said should come , mat. 7. and 24. which john said was come , in his first epistle , chap. 2. & chap. 4. which went forth from them , which in the revelations , all that dwelt upon the earth went after them . which after a while they killed the saints that kept the testimony of jesus the spirit of prophecy . they inwardly ravened from the spirit of god : and when they had killed the saints , power was given unto them , the beast and false prophet over all kindreds , tongues , & nations . now hath the beast power over tongues ? what , the orthodox men ? what , tongues which is the original ? as you may read , rev. 13. and must these open christs words the beast hath power over ? is that the originall which the beast hath power over ? are those the orthodox men the beast hath power over , which hath got the tongues ? oh shame ! you may deceive the nations , but you cannot the elect : and the whore which inwardly ravened from the spirit of god , all nations have drunk the cup of fornication , before they could come to christ the husband ; and she hath corrupted the earth , and made the inhabitants of it drunk : and the kings of the earth hath committed fornication with her , who hath ravened from the spirit of god : so the kings of the earth hath made the nations to bend before ever they could come to the husband , and here nations have had the form from her which ravened from the spirit of god , before ever they could come to the power , with that they have been drunk , and so the whore sits upon the nations , and multitudes , and people , and tongues , and these are waters on whom the whore sits . now what is the whore , or the original , and orthodox men ? and is the original waters ? and the orthodox men waters ? and schools ? is the whore on them ? read the scriptures , rev. 18. 17. ch. and can these waters which are tongues , which the whore is upon , which drinks the blood of the saints , can these open the scriptures that are waters ? is the orthodox men waters ? and is the originall waters ? now if these could have opened scripture , how chance they are no better then waters ? these tongues john calls them waters , and saith , the beast hath power over them , and pilato sets them on top of christ , and babel is the beginning of them . are you pillars of the church , or of antichrist ? of the beast , of the whore , and babylon , and members of fallen babylon ? here begins your originall ; and when they crucified christ , they set your original a top of him which the beast and whore hath power over that sits upon them , and john calls them waters . and you will go make pillars of waters for the church , and you call that the originall , for tongues are waters : oh shamelesse babylon ! who are setting your tongues a top of christ like pilate , and denyes the light ; for the light is risen , and hath discovered you all , and christ is risen , which was before babell was , which pilate set the many languages over him , when he crucified him : he is risen over that which was set over him , and over them that set it over him ; and you that have ravened from the spirit of god which sets up your tongues to be the originall , and by it your orthodox men made at your schools and colledges , came up by the papists since the dayes of the apostles , which tongues the beasts power was given unto him over , and the whore sits upon them , which john in the revelation calls them waters , and these are them which hath established your church , and the pope which hath been your pillar , which he calls waters : so you and the papists , which be your . tongues and originall , have set up your false church , and kild the life , and set up your tongues over it , as pilate did , and so have drunk the blood of the martyrs , and the prophets , and the saints , which are made by the will of god , and then sets your many languages and original over them amongst the ignorant and simple people : but the life is risen , christ jesus the lamb slain from the foundation of the world over you and your original , who will be avenged of you all his enemies , who is the foundation of god , and the originall himselfe , and he will stain your pride , and deface your glory and beauty ; you have had a glory , and a beauty , and a pride , the naturall tongues which john calls waters , which you call your original ; for the life is risen , which was before babel was , and remains when pilate is not , and when babylon is not neither , who is risen to confound it : he who had your originall set over him which makes your orthodox men , which have killed the prophets & saints which had the originall , that you might reign with your false conceptions ; but the prophets , and the saints , and the lamb now reigns over you , and it is in vain now for you to set up your waters , to make pillars of your church , for tongues are waters , saith john , that had the original , and was in it , and so all that be in the original , sees you , & is a top of your waters and tongues , and is come to the rock , and tramples upon all your buildings and tongues , which at the best makes men but naturall men ; for tongues are natural , and not spiritual : and your sending out your lads , after admitted in writing , to wales and ireland , and other places . this is like unto them that jeremiah cries out against , that run when the lord never sent them , that are using their tongues , and speak when the lord never spoke to them , and these are them that runs from you waters ; and them that be friends of christ and of the gospel , and love their countrey , the souls and good of people , will see that you have not the bread to feed the hungry , and you do not bind up , but you make rents , and you do not visit in prison , but you cast into prison them that will not put into your mouths ; and you do not bring people from under the law , but bring people under the law into courts , and sessions , and assizes , and you cast them into prison for tythes , and tenths , and so you are unlike the ministers of the gospel , which brought people out of ninths and tenths both , redeemed out of the earth up to god , but you are gone amongst the papists , inwardly ravenous , into the earth , and there sets up tenths , and keeps people in the ninths of the earth , unlike the ministers of the gospel , which is the power of god , which opens the hearts of the people , whereby they come out of the ninths and tenths both , to christ , who redeems out of the earth to god , whereby they come to reign upon the earth . doth the tenths serve all the widows , fatherlesse , and strangers , and the priest ? doth it give them all enough ? now man transgressing , and being drove from god into the earth , abraham before the law paid the tenths of the spoile to melchisedech king of righteousness , in the law of the lord , required the tenths of the earth , and he made these tenths to serve widows , fatherlesse , strangers , and levi , that there might not be a beggar amongst them . now christ the end of the law , and of wars , the redeemer and the saviour out of the earth , brings from out of the ninths and tenths , and so comes to reign upon the earth , and these are of the royal priesthood , and the family of the faithful , which was of abraham , of which christ came according to the flesh , which lives out of ninths and tenths both of the earth up to god , whose the earth is . now apostatized papists and sects since the dayes of the apostles , & false prophets , and antichrist that had the sheeps cloathing , that ravened from the spirit of god into the earth , drew the world after them , set up ninths and tenths : so they get tenths of the earth , and keep people in the ninths of it . oh! how unlike the ministers of the gospel are you , that brought people out of the ninth and tenth both to god to reign a top of it , glory to the highest : and such brought back that which was driven away ; but you that keeps in the ninths and tenths , keeps people under the curse , there to labour for you in the sweat of their brows , toyling and tugging for you in the transgression : but some are redeemed from you , and cannot put into your mouths , and such you have your dens for , you that be in the transgression , that be under the curse , and keep people under the curse with ninths and tenths of the earth , which now many is coming out of : and woe will be your portion and misery , and all them that be come into the life of the prophets of christ . now it is not their work to put in the mouths of the false prophets , but they that did so was the ignorant and foolish people , and foolish gentry of the countrey , which they were deceived by ; and the saints know that the love of the false prophets was all after money , and themselves and such blinds the eye of the mind of many both great and small , and they are them that cries give , give , and they that will not put into their mouths , they prepare war against them : and you wrest many scriptures which is spoken of for giving to the poor , for your own ends , which poor it is manifest you do not regard , therefore is there so many widows and fatherlesse begging abroad in your streets , and at your steeple-houses , and at your doors , and cast so many widows and poor men into prison that have many children , because they cannot give you tythes , and put into your mouths . and whereas you say in the ninth page , he is likest to god that doth good , you shew your selves the most unlike to god , as the courts , gaols , prisons , and houses of correction witnesse , and death , persecuting till death ; so shews you your selves are reprobate concerning the faith , and the ministers of christ , and hath not learned the lesson of christ , to learn mercy and not sacrifice , for your sacrifice is cains , for you kill and murther , and are in envying your brethren , and so you have forgotten to do good , and so lost the blessing , and lost the savour of rest where the mercy is , which is to shew mercy ; but you will give people sermons , and pray , and sing to them , and tell them letter is light , and matthew , marke , luke , & john is the gospel , and hebrew , greek , and latine is the originall , and letter is the word , and it is the ground of mens faith , and the old mass-house , with the crosse at the end of it is the church ; stop into your mouths , you will give them as much talk as you can speak by the glasse , till the glasse be run , then time is past neighbours . if a quaker comes and look at you , he disturbs me , take him away . now the scripture sayes , the power of god is the gospel , and the power of god the crosse of christ , and christ is the author of faith , who is the original , and the scriptures of truth are the words of god , and christ is the word , before the scriptures was given forth , who comes to fulfill the words , in whom they end . christ , the word , and the church is in god , and your old mass-houses and sacraments , the papists was the author of them , and they gave to them their names , and your schools , as trinity colledge , and christs colledge , and jesus , and emanuel , &c. and st. pauls , and st. peters , & st. johns , and all ▪ souls , and st. gregory , and st. austins the old monk . what jesuits are wiser men then you , fain to name your houses for you ? here is popes marks and names , and most of the old masse-houses of england , there stands the crosse on the end of them , or hath been , which is the popes mark , who sets up all your tythes , and easter reckonings , midsommer dues , and gleab lands , and your bells and glasses , and your naming saints dayes , your christmas , and candlemas , and michaelmas . now if you did not love popery , and hold up popery , you would deny his authority , and deny his doctrine . alack for you poor striplings , catterpillars , crawling frogs ; talk of souldiers of christ ! it is nothing but your bellies you fight for ; for you are casting into prison , you have not christs souldiers weapons , you are made by men ; and so you must acknowledge the pope hath more wit then you , that cannot name your houses and colledges , and days , and sets you out your tythes , easter reckonings , and midsomer dues ▪ and so you are them that destroy the pure understanding of the people , and stops the way whereby the souls of the people might come up , & so are destroyers of the true ministers , and keeping people from the true foundation christ jesus the prophet , which is to be heard . it is not your languages that feeds souls , and keep people from being seduced , nor makes people witty in the things of the spirit of god , as you simple doctors think in the tenth page . your ministry would wear out if you should loose your tongues and sciences : and when do we see a priest dare to venture upon a papist priest without a carnall sword , and confound him , and stop his mouth ; but your and the papists original , are your languages , so easie to be confounded by them that be in the spirit of god , before tongues was . so you who are killing and prisoning one another about your sacrifices , piety is lost and charity amongst you , and you are unfurnished with spiritual weapons ; and the quakers who are of the royal elect seed of god , before the foundation of the world was , hath sounded you allarm , and all your fore-fathers the papists , which your fathers since the days of the apostles , the allarm is gone out , that all the sects and apostates , and heathen which know not god , upon the earth : and the trumpet sounds out of the holy mountain , that you and all the inhabitants of the earth should tremble ; and you , and all you who be in the ninths and tenths of the earth , and the trumpet sounds out to you all , allarm , that you may come to the battel of the great god of heaven and earth . and the lambs war is begun , who will kill with the sword , and slay with the sword , which is the word of his mouth ; and the devill , and beast , and false prophet shall be taken and cast alive into the lake of fire . he that worships the beast shall be tormented day and night ; and the lamb and the saints shall reigne , and the everlasting gospell shall be preached to all kindreds , tongues , and nations , which is the power of god . and you and the papists have been made up by the hereticks , which went forth from the apostles , as you may read in timothy , in jude , and peter , and john , and the rest of the epistles : and you all dry , drossie , dark doctors , who are training up your poor silly ignorant sottish students ; which when they come out from you , will speak a few words for a cock of barley , tythe eggs and pigs . away you poor young students , lay aside all your pretences , and turn to the lord god from your old doctors , for they are never able to make you ministers : for that which they do is but for money , and you are but plain naturalists when they have done the utmost to you , and then you go forth and teach for money , when as you had been better to have kept flocks and herds , and turned husbandmen , that would bring more honour to god . you see the people are prophane , and you do them no good , and you see that you begin to be a shame to the nation ; and what uncharitable lives they have , and hard hearts , and seared consciences , and will cast men into prison , and bring them before courts , and prison them for speaking to them ; and yet you have been learning seven and eight years at oxford and cambridge , and one that hath never been there shall confound 20 of them in the things of god ; and how unlike the apostles are they which was in the power of god , whereby their hearers sold all , and laid at the apostles feet . now you see the apostles would not cumber themselves with it , they might have set up great benefits . and again you may see how you priests and ministers destroy the true church amongst you , and the true authority and comforter & edification and limit the holy one , & dispiseth prophesy , and quencheth the spirit , if any thing be revealed to another that sits by , let the first hold his peace : and this practice you get a law against , take him away he disturbes me ; and so you are the crucifiers in the world , and the world that crucifies , and are not them that are crucified from the world with christ . and the lord hath given many both rich and poor , an unspeakable happiness and freely of his grace , that stands for the glory of his church , which christ is in the midst of , and is the head who are come into the lively faith and the fervent love to the brethren that are persecuted by you , and evilly entreated , and their bodies are offered up sacrifices to the lord , and many have been sacrificed in your prisons , and there died , to whom the love of god hath flowed and abounded , and carried through all their sufferings , with joy unspeakable and love unfaigned , whose souls are in their rest , ( christ ) whose comfort is in christ the hope , the mystery , whose crown of glory fades not , whose love is to the world , whether they will receive it for no ; now you teachers and called ministers have impoverished many in the nation , whom you do no work for , many families , many fatherlesse , many widows , many you keep in prison to this day , many hath died in prison ; you have kept till death ; is it not blood their you drink ? will nothing serve you , but the saints blood , there bodies , and their lives ? you have taken and caused to be taken the very bibs and the childrens clothes , and plough-gear and oxen and horses that men should till their ground with , you have taken the beds away from people , and left them none to lye on ; taken away their corn , sheep and hay , and threshed their corn in their barnes , and carried it away by loads , as witness thomas aldam ; you drive away their fat beasts , provided for their own families against winter ; you take away the cows from the poor people that have half a dozen children to give them milk , and take the men from their wives , and cast them into prison , that they shall not maintain their familes , oh! lamentable cryes is entred into the lord of the sabbath of rest for his people ; and you are speaking of learning , and defending of the truth , and building up the church of christ by your languages ; you six doctors , alas , did not pilate with his learning & languages turne against christ and the church , and the greek , and the hebrew , and the latine both ? and so mahomet and the infidels fruits could not be worse then yours , who will not suffer the saints to live upon the earth , except they live in the ninths to give you the tenths , and bury the seed of god in their ninths , that part pertains to shadows that holds the ninths , that is a mystery , and they that hold you up cannot honour christ ▪ the priests name is cain , the first birth , and that sacrificer offered of the earth , and wrestled with the flesh and blood of abel , and killed him , which did not abel , he wrestled not with the flesh and blood of cain the priests , and the blood of abel cries for vengeance upon cain . the end ▪ pegasus, or, the flying horse from oxford bringing the proceedings of the visitours and other bedlamites there, by command of the earle of mongomery. barlow, thomas, 1607-1691. this text is an enriched version of the tcp digital transcription a30982 of text r41624 in the english short title catalog (wing b838). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 38 kb of xml-encoded text transcribed from 11 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a30982 wing b838 estc r41624 31355687 ocm 31355687 110601 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a30982) transcribed from: (early english books online ; image set 110601) images scanned from microfilm: (early english books, 1641-1700 ; 1734:24) pegasus, or, the flying horse from oxford bringing the proceedings of the visitours and other bedlamites there, by command of the earle of mongomery. barlow, thomas, 1607-1691. pierce, thomas, 1622-1691. letter from oxford. [2], 6, 12 p. printed, at montgomery, heretofore called oxford, [london] : [1648] place and date of publication suggested by wing (2nd ed.). second part, "a letter from oxford", signed basilius philomusus, p. 1-12 at end, has been attributed to thomas pierce. cf. madan, falconer, oxford books. oxford, 1895-1931, v.2, p. 468, no. 1988. reproduction of original in the bodleian library. eng pembroke, philip herbert, -earl of, 1584-1650. university of oxford -history. a30982 r41624 (wing b838). civilwar no pegasus, or the flying horse from oxford. bringing the proceedings of the visitours and other bedlamites there, by command of the earle of m barlow, thomas 1648 6920 3 10 0 0 0 0 19 c the rate of 19 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2003-07 tcp assigned for keying and markup 2003-07 aptara keyed and coded from proquest page images 2003-08 mona logarbo sampled and proofread 2003-08 mona logarbo text and markup reviewed and edited 2003-10 pfs batch review (qc) and xml conversion pegasus , or the flying horse from oxford . bringing the proceedings of the visitours and other bedlamites there , by command of the earle of mongomery . academia oxoniensis sapientia et felicitate printed , at mongomery , heretofore called oxford . tuesday aprill the eleventh , the long-legg'd peece of impertinency which they miscall chancellor ) was to bee brought with state into oxon : to this end , these few inconsiderable , and ill fac'd saints hired all the hackneyes in towne ( which were basely bad , yet good enough for them ) out they went and met the hoghen moghen i told you of ; what courtship passed between them at meeting , how hee swore at them , and they said grace at him ; how many zealous faces and ill leggs they made , and at what distance , i know not ; a long time they were about it . at last they come , and the governor and his regiment meetes them at friar-bacons study , where you might have seene the presbyterian and independent agreed against the poore christians of oxon : in the meane time tho. smith of magdalen colledge had an excellent designe ; hee would ride in with them too , and that hee might have suteable accomodation , would needs borrow an asse , nay an asse hee would have , and ride in next before the chancellor , and when they told him it was a mad trick , hee told them noe , for hee knew there would bee many asses besides his . now they come , they come ! and indeede it was such a miserable pageant as i never saw . had you seene tall pembroke in the midd'st of those little inspired levites , you would have sworne you had seene saul , once more amongst the prophets . along they come without any respect from those in the streets ( which were not many ) not a cap or knee from them , but frownes and curses ; and 't was a wonder ( but that the souldiers guarded them ) if they had not welcom'd them with old eggs and apples . aaron rogers , langley , and squint eyed greenwood , were the chiefe men ( what the worst were when these were best , you may judge ) and with them about some ten or twelve schollars more , freshmen and all , only they were interlarded with some few countrey parsons who brought their sonnes for fellowships , and so worshipped the beast for their profit . all that saw these dragooners in divinity , upon those miserable hackneyes , with suteable lookes and gestures , imagined that some ill-fac'd major of some beggerly towne had beene brought in by the mechanicall clownes of the place . they are now almost at merton colledge gate , where master cheynel begins an oration in english ( they cannot speake latine by the spirit ) delivers him , in the name of the university ( a lying levite , whom the university sent not ) first , a key of the convocation . secondly a seale ( a counterfeit one , for the true ones are safe enough . ) thirdly , a bible ; and when hee came to that , hee was inspired and spoke fast , and much of it ; and you may easily beleeve that hee would not quickly have done with the bible , who will hold out three houres on one poore text . hee sadly complained to his lordship , of all sorts of people , especially the beedles , for neglecting their duty , that they came not and bowed their knee to baal , nor worshipped the calfe which they had set up . hee told his lordship that they were very malignant , and their staves stained with a double guilt ( witty master cheynel i ) well , thinke what you will , i am sure that was intended for a jeast . dixit , master chaynel has done ; my lord bowes his body , but wisely said nothing . then downe comes my lord , goes into the colledge ; at the entrance their designed proctor button makes a latine speech to his lordship , which hee understood as much , as his horse master cheynels english one . this done my lord for his chamber , and those levites who on hackneyes man'd him down the streete ride back againe through the highstreete , where they were hissed and houted at . next morning they are for execution , and to christchurch they goe ; the visitors and chancellor ( falsly so called ) enter the hall , call for the buttery-booke , dash out the deane and all the cannons , put in their owne new nam'd things , and subscribe their names to the fact ; then mistresse fell ( a gallant woman ) her children and servants are turned out , and the possession given to reynolds . afternoone a convocation is called by a ( fellow they call beedle , hee came into our colledge , with his hands in his pockets ( staffe hee had none ) in the middle of the quadrangle , pulls out a paper , puts on his spectacles , and read the forme in latine , ( though 't is certaine hee understands noe good english ( langley was the man , a taylor ) and instead of per sidem , per sidem , per sidem ; call'd it provided ; provided , provided . afternoone they advance towards the schooles , there marched before his lordship , foure fellowes in gownes , ill-fac'd , heads bare , hands in their pockets , these went for beedles , after these my lord and the rabble ; to the convocation they come , where there appeared not above thirteene or fourteene who had votes ( doctor pellam , and master vvilliamson were two , zouch and paul hood have appeared too , ) yet the house was full of people , batchelours , freshmen , townesmen , servingmen , all came in , and sat where once gallant men did . never such a conventicle ( or confusion rather ) carried the name of a convocation , there they make reynolds vice-chancellor , button and crosse proctors , reynolds , harris , rogers , corbet ( who as vniversity orator made a speech to the chancellor in the passage by the divinity-schooles ) garbrand of new-iun , palmer ( the designed warden of all-soules ) are created doctors , langley , cornish , cheynel . batchelors , of divinity , and masters , and batchelors , god knowes how many ! the most that was spoken there was english , and all that was done was irregular capa pe pe no statute observed , or regarded , thursday aprill the thirteenth , my lord and the visitors and a great guard of musquetiers ( where ever they went , even at convocation , they had a great guard still ) are for magdalens , they had before summoned all the fellowes , &c. to meet them in the hall , but none did heede or obey , ( only master dayle junior was there ) there they sate , and by and by bonny thom. smith comes into the hall up to my lord , confidently asked him , by what authoritie hee sate there ? my lord was troubled at this , till cheynell told my lord , that the man was madde , ( clodius accusat maechos ) but smith heard him , and told him that hee was no so madde as hee — &c. then they call for the buttery-booke , dash out doctor oliver , put in iohn wilkinson , goe to the lodgings , violently breake open the doores , imprison doctor oliver's man , give doctor iohn and kate possession ; shee presently layes in a barrell of beere , and the doctor sends to the cooke and commands him to dresse no supper , but hee obeyes not but dresses supper , and some very honest men eate it in their owne defence . after dinner my lord ( now grown skilfull at breaking open doores ) marches to all-soules , and all the rabble with him ; they had summoned the fellowes to meete them in the hall but not one man would appeare ; there they fret , but to no purpose , send for doctor sheldon ( the honor of our towne , and his coate ) hee quietly asked by what authority they summoned him ; the authority was shewn , and read ; doctor sheldon told them it concernd not him at all , for it was dated march the eighth ( or thereabouts ) and gave the chancellor and visitors power to give possession to those which were voted into the places of those then removed , but doctor sheldon told them hee was not then questioned , nor voted out till march the thirtith so that it was manifest they had by that no power to meddle with him . this puzzeld them all , nor was there any answer , my lord askes pryn ( who was there ) what hee said to it , but ( at present ) william said nothing . the doctor leaves them , they consult almost an houre ; pryn confesses they had no power by their commission to doe it , but the parliament must not bee baffled , and that they might doe many things exofficio , agreeable to the minde of the parliament ; though not in their commission . oraculous william ! well to it againe they goe , breake open his doores ; enter , give master palmer possession , write a mittimus to send doctor sheldon to prison ; in which they used base , aggravative language against him , the doctor desired my lord to reade it , telling him , that his lordship was pleased two or three times to say that his answer and carriage were very civill , and desired to know whether that language was fit to be given to one who had so demean'd himselfe . my lord said , they were hard words , and when they told him that the lawyers drew it ( pryn and cheynel were the men ) my lord replyed who ever drew it , it had very hard language in it ; in the carriage and debate of the businesse , my lord asked doctor sheldon pardon three or foure times , and told him openly , that what hee had done in breaking open doores hee knew not , let the lawyers looke to that , so doctor sheldon is for prison , and they for wadam where they summoned the fellowes , none appeare , goe to the buttery booke , put out the warden , put willkins of magdalen-hall ( the prince electors chaplaine ) in his place ; then to trinity , breake open all , put old harris in possession . then for saint iohns and because there were little children had agues they give him time to remove , who never will remove till compeld by violence . then to brasen-nose summon the fellowes , none appeare , call for the buttery booke , raise out the principalls name , put in greenwood . friday morning to christ-church again , for they heard the new deane , and cannons names were torne out , they put them in again . they have sorely whip't a mad woman for calling them roundheads , and rebells , ( should all mad men bee whip't it would goe hard with some ) and thom. smith of magdalens is last night carried to bridewell , and master vvebbirly too ; farewell , remember me to all my friends , honest t. t. d. s. the gentleman with the sword , mr. f. mr. ll. mr. l. & excuse me to mrs. ba. i am in her debt for many things besides a letter , pray for us , not that wee may keepe our places , but our courage and conscience ; if this world goe on , 't will bee a shame to bee out of prison , or in a felloship . what i have writ is true whether sense or no , i know not , what ever it bee , accept of my willingnesse to serve thee , and pardon the faults , of oxford april . 18 1648. thine &c. a letter from oxford . sir , i have beene unjsut to you , that i have so long deferred to give you an account of this last act of the tragedy here in oxford : i shall now labour to expiate my fault by some kinde of restitution , and hasten to tell you , that the first entrance was on this manner . some few weekes before easter , the visitation , which had beene for some time the sleeping lion , began to rouze it selfe up againe , and as the passion weeke grew on , designed this vniversitie to that honour of conformity with the image of our saviour ( i meane in suffering . ) and first let me tell you . that if there were any difference among them , betwixt legal and illegal , betwixt valid and null ; this rallying of the visitors after so long an intermission , and that without so much as formality of adjourning de die in diem ( as their commission , and the manner of all courts requires ) were sufficient , according to their owne principles , to pronounce all null which they have done since this last session of theirs : but such nicities you will not expect they should consider ; though that they , which live by no other law but that of ordinance , should despise even that by which they subsist , is a pretty degree of unkindnesse and ingratitude in them ; and such as the jews would not bee guilty of ; but at the time when they were crucifying of christ would not yet enter into the praetorium , lest they should be defiled by the heathen souldiers there , and so bee made uncapable by moses's lawe , of receiving the passover approaching ; it being most unreasonable and inconsistent with their principles to crucifie the true lawe of heaven , on pretence it was contrary to their ordinances by which they acted , and at the same time to despise those very ordinances , whose advocates they undertooke to bee so zealously . but these are men who are to make lawes for others , and not to bee ruled by any themselves : and therefore i doe not expect you should at all stand still and gaze or wonder at this , though in all reason it have a great influence on all that followes , which can have no greater validitie in it , then what this null foundation can helpe it to . but it is in vaine to wound a carcase , and to take paines to let out life from the trunke that never had the honour to have any : and therefore let that passe . when they came down to this new and strange work , the persons which entred were five in appearance , though the truth is , but one soule to animate them all ; that spirit that was once in chaynes at salisbury ( you know whose periphrasis that is . ) the first of the five was sir nat. brent , that known old visitor , that tooke such care in my lord of canterburies dayes to have the ceremonies observed , the table rayled in , &c. and now can lye in curtaynes fetcht out of his colledge-chappell formerly thought fit to adorn the east end of that , but now found more commodious for his bed-chamber . the second was dr. iohn wilkinson , that illiterate , testy old creature , that for fourty yeeres together hath beene the sport of the boyes , most constantly yoaked with ●●ctor kettle ) which in this age of idolizing of sermons , is sufficiently known never to have preach't above once in fourty yeeres , and having now outlived all the little learning hee had , and his every thing but sugar'd drinke , and possets ; is thought fit to bee sir nathaniel's second , in being revenged on learning which hath brought them so much reproach . the third is master rogers of new-inn , famous for adam the protolaspus , when many yeeres since hee ventured to bee a preacher , and attempted to imitate that sound ( which hee might often have heard ) of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which 't is supposed he thought compounded of the greeke {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ( if hee ever knew so much of that language ) and the latine lapsus , which yet hee was not so much master of , as to give it a more perfect sound then that of protolaspus which i mentioned . the fourth man was master harris , good man , that hath but the possession of so many benefices ( hanwell , his old love , one hundred and sixty pounds per annum , beside grazing , &c. bishopsgate toward foure hundred pounds . hanborough , toward three hundred pounds . beriton and petersfield , in hampshire , not above five hundred or six hundred pounds more ; beside the foure shillings a day for the assembly membership ; and ten shillings for apostleship in oxford ) but assured us in his late visitation-sermon , last iune ; that hee had not the pro-fits of them ( quite contrary to master greenewood the new principall of brasen-nose , who being accused of the like plurality , profest that he had not the livings but only the profits of them . ) and in the fift and last place master chayn●el , i shall but name him caetera fama dabit . well , of the foure and twenty visitors , any five of which ( none being of the quorum ) may by the ordinance make a court ; these five met together at merton colledge , and , for ought any man can take cognizance , three fives or sixes more might bee a sitting in three other places of this towne , and decreeing the quite contrary ( varied in three severall shapes ) to what these five did in that one place . and so if nullities in their proceedings would doe any good , sure there were a sound one in that commission ; which , by putting none in the quorum , makes no provision agaisnt this strange absurdity . but beside this , if acts even of this parliament are worth heeding , or any thing but the will and force of resolved men , then sure that act that made clergy men uncapable of any place of judicature , would make foure of these five uncapable . for though as wee see them foure , and master reynolds , and master corbet , &c. named in the ordinance , wee could not say there were any divines ( contrary to the act ) invested with power of oier and terminer , because those names might signifie some other non-divines , which wee knew not ; yet when wee see them sitting at merton colledge in gownes , wee cannot mistake , or distrust our eyes , but are forced to resolve that either presbyterian-divines are no divines , or that these foure are excluded by act of parliament ; and then sir nathaniel , and brem , and warden of merton , and vicar-generall , and iudge of the praerogative must make up the five ( and some of them if not divines , are ecelesiastick persons also ) or else wee cannot possibly reare a committee . and againe if there bee any sence in that old maxime , that parties must not be judges , and that 't is only the hangmans fee to have the dead man's cloths to weare after him ( and it hath not beene often seene that the judge hath seized upon them for his owne body , and appeared in them all the rest of his circuit ) then sure these five will not bee able to make up one tolerable commissioner , or piece of a legall-judge , for this one cause , if there were no other nullity in it ; for 't is notorious that old wilkinson was then voted , and now thrust into doctor olivers presidentship of magdalens ; old rogers into doctor gardners prebendary of christchurch ; harris into doctor potters presidentship of trinity , and one living more , that of gazington annexed to that place ; chaynel into doctor raylies of saint iohns ; and sir nat's sonne corbet ( the old gentleman being full and uncapable of more spirituall preferment ) into doctor hammonds prebendary of christchurch , and oratorship of the vniversitie , which are both very reconcileable with hasely , of toward foure hundred pounds per annum , which he deprived doctor soame of , a yeere and halfe since ; poore modest gentleman , how the wealth of the world crowds in upon him , and hee cannot looke any man in the face hee is so bashfull at it . these five men have had the honour of going through all the last part of the worke , as farre as it was acted here . their first busines was to summon dr. sheldon , and dr. hammond , which had not before come into their fanges , and all the other heads who had any way escaped the former impression of their malice ; their questions to them were the same engine that the praesidents of old made use of to dismount daniel , knowing that they had no crime to lay to their charge , nor other occasion but only that they would not perjure themselves in doing any thing contrary to their allegiance to the king , or the priviledges of the vniversity ; and therefore their common question to them both , and all others was , whether they would submlt to this visitation , and did own the power of parliament therein . dr. sheldon's answer was , that he was not satisfyed that he ought to submit to this visitation . dr. hammond had two other questions added to that , viz. if he were not one of the delegates of this vniversity , and helpt not to frame and passe those reasons presented in convocation , iune 1 , against the power of parliament to visit ? then whether he as subdeane of christ church had published the orders sent by the committee of lords and commons to remove some of that society , according to the said orders : his answer was that hee did not conceive that hee was obleiged to answere those questions thus proposed to him ; i am told by some that have talkt with that dr. that the reason of his giving his answer in those wary restreined termes , was to make it impossible for them , proceeding ( as he expected ) according to their own principles , to charge any thing upon him ; for this answer being made to those three questions together , would be justifyed , if any part of any of the three were such , as to which he was not obliged to give answer . and sure many parts there were in the questions confestly of this nature . for not to mention an exception to the first . that sure no man is bound to accuse himselfe , or to answer any question which may bee to his own prejudice ; as 't was cleare it would bee , if hee answered that hee could not submit to their visitation , which his oathes bound him to answer , ( if hee answered at all ) if hee tooke the parliament in their sence for the two houses ( and this was the very thing for which the oathes ex officio were by them formerly so complained of as unlawfull ) to omit that first question , or rather snare . i say ; the second contein'd in it an absolute falsity , which hee must have granted a truth , if hee had answered to it either affirmatively or negatively . for there was never any such thing in the world , as is there pretended , viz. reasons presented iune the first against the power of the two houses , or parliament to visit , with those reasons which were then presented , is sufficiently knowne in the publishing of them ; namely the scruples of rationall men against the taking of the covenant and negative oath , and submission to the ordinance for the directory ; and what is this i pray to any bodies power of visiting ? especially when now 't is confest by these men that they doe not meane in their visitation to presse the covenant . the truth is these reasons have not beene answered by any , though insteed of answering them , there was by an anonymas ( master cheynell the spirit bespeakes the author ) a promise made long since , that it should be taken in peices , & the theologicall part answered by the assembly , the law part by able lawyers , and the prudentiall part by prudent men , but now it seemes by this question , that the farre easier course is to put the honest christian in a wild beasts skinne , and then to teare him to peices ; i meane to entitle these reasons a new , reasons against the power of parliament to visit , and then to turne out all who had to doe in the composing them ; and that should bee full as profitable to those who meant to succeede them in their places , as if they had answered all their scruples . meane while this makes it not only unreasonable , but impossible for the doctor to give any positive answer to that question , which was fallacia plurimum interogationum ; and so , sure , he was not oblieged to answer it being thus proposed . for the third hee was able to make this dilemma to himselfe , if hee should answer that hee had not published those orders against his brethren , he had confest himself guilty of a contempt of those who made those orders ; if that hee had publish'd it , hee had confest himselfe the accuser ( and as much as in him lay , the executioner ) of his brethren : the accuser of them if they did not obey upon his publishing of them : the executioner if they did . and sure hee was not bound either to acknowledge himself a foole , or a divill ; a foole by confessing those omissions , which must bee his rume under such judges ; a devill in having acted under such bloody censors . well to hold you no longer in these discourses ( when reasons is become so uselesse a solicitor ) the answers of those two , and some other the like , being given on monday before easter , made such haste from hence to london , to the obedient committee there , and from thence with such full speede came back again , that they brought downe that very weeke from london against doctor sheldon , doctor hammond , doctor wall , and doctor payne votes of removing them from their places , upon pretence of high contempt of authority of parliament . was there ever such a conclusion from such praemisses ? but this will not much amaze you , if you consider the moderne practices , and that , as once there was a law somewhere , that no crime should be punishable but treason , but then by the malice of interpretation care taken , that every thing that any man did , should bee improved into treason ; so now among us the contempt of authority of parliament is the only mortall crime , but then the giving a wary answer or such as master cheynell himselfe could pick no hole in , must bee the contempt of that authority ; which i confesse it was in one of those doctors in some sence ; the committee having long since voted that one master palmer of the house of commons should succeede in the wardenship of all-soules , when hee should bee guilty of contempt ; whereupon his not throwing himselfe into that crime , which they decreed hee should bee guilty of , was an affront to the voters , a denyall of their prophetique faculty , and sure a contempt of their authority , who had so absolutely decreed , ante lapsum , that hee should contemn , & perish for it . well the fury of these impatient teazers was such , that they could not celebrate christs resurrection in any charity , till they had executed their joyous sentence upon some of these doctors & therfore the next minuit after the arrivall of the carryer , and the votes on easter eve , they ran presently to christ-church hall with a full guard of musquetiers , send their mandatary and souldier for doctor hammond ; and would heare no reason but hee must upon utmost perrill come to the hall to them and heare himselfe pronounced neither orator nor praebend before easter ; that so if it were possible hee might want charity to fit him for the next dayes dutyes ; but the honest doctor had better learned and taught the duties of the fifth of matthew , then to bee in the power of such provokers . the same sentence was soone after on easter munday affixt on doctor sheldons walls , and his subwarden required to bee his executioner , and woe bee to him that hee hath not thought that act of parricide his duty . but ; sir , all these have beene yet but umbratiles pugnae , the reall fury of the impression is reserved for nobler hands . the earle of pembroke must bee fetcht from ramsbury to breake open the doores and to that purpose , according to an order procured in the lords hosue , march the eighth , master cheynel , which knew the way perfectly into those parts towards salisbury posts presently to his lordship to ramsbury , obteynes a promise that the weeke after easter weeke hee would serve them . then all care is taken to get in beedles staves , and the in●●gnia of the vniversity , to prepare for his lordships comming , the deane of christ-church the vice-chauncellor his doores are broken open by assistance of souldiers , but nothing found there , the presidents of corpus-christi the pro-vice-chancellor his in like manner , but nothing there : at last when the earle comes most pitifully fetcht in with a few visitors and a sorty company of expectant boyes , master cheynell entertaynes him with an english speech , and tells him that the beedles staves had a double guilt , ( the wit of the new university ) and therefore could not bee had to attend him : only exhorts him to believe and to bee confident , that the more vigerous hee should bee in that designed execution , the more acceptable it would bee in the sight of god , and if hee would not take his word for it , hee should take gods word , and so presents to him a great bible without liturgy or apocrypha , which was to supply the place of the beedles staves to conduct him to his lodging . the imployment that now they set this earle , when they had him amongst them , 't would even grieve you to thinke of ; that honourable office of a petty constable generall from colledge to colledge is bestowed on him , first to break open the hall-doore of christ-church , then to carry out mistrisse fell and all her children and family ( some fourteene , women and children ) in chayres and set them in the quadrangle , that master reynolds might have quiet possession of that lodging ; which assuredly hee will never injoy one quiet houre , as long as hee lives , if he were in earnest when hee wrote the sinfullnesse of sin ; and believe any of the aggravations of sin , which hee laboured there to teach others . then magdalens hath the next part of the impression , the presidents lodgings are broken open , the servants sent to the jayle for not betraying their master , doctor iohn bid to be president and he presently commands the whole society to bee sterved , that is , commands no more commons to be drest for his new family , who must bee brought up now , like scholasticus his horse , to live without eating . then up to all-soules , and doctor sheldon being in his garden and refusing to give up the keyes of his house , and pleading that the vote for his ejection was twenty two dayes after that order of the lords , that the earle &c. should execute their ( then past but not future ) votes , his doores were used as the rest of his friends ; but himselfe farre worse , for that crime of urging reason for himselfe , least , as some of them confest , they should bee affronted , or baffled by him . pray sir warne your friends to brware of this dangerous thing , called speaking of sense , or as the earle stiles it , being schollars , or witty men : for it is a fault can never bee allowed impunity . that worthy doctor is committed to the marshall for that onely crime , and there like to continue , till hee lose or allay the reputation of being rationall or honest , by delivering up the keyes and bookes , which is , to bee perjur'd ; and that the only condition yet talkt of to make him capable of release . in his place is admitted the aforesaid member master palmer , and all required to submit to him as warden , though neither chosen by the colledge , nor entred by taking any oath to bee true to it , or to govern by statute ; any of which omissions make it direct prejury for any fellow to acknowledge or submit to him , as it doth also in all the other colledges , where these invaders are placed : the whole body of legall rights of governours and corporations being by this una litura abolished , and turned into most perfect arbitrary government , under a mufty vice-chancellor , and two janizary proctors in the vniversity ; ( which therefore walke with swords and pistolls instead of civill hoods ) and a bashaw in every colledge ; a signification of the new modell for the whole kingdome . from all-soules they run with full speede to wadam-colledge and there the warden's doores are by his lordship fore't again , and one wilkins the writer of the man in the moon dropt thence into his place . then trinity colledge is laid open , by the same noble violence , to master harris ; and saint iohns to master cheynel , though there they acknowledged some civility , and for a reward of not putting the constable to doe his duty , the praesident is permitted to live in his lodgings for a moneth longer . the same fate befell the old principall of brazen-nose , and master greenwood that well lookt gentleman can swallow the profits of that also : and so now well nigh all the godly are possest of the good things of this life , and presently mistake possession for propriety , and so master cheynel can pray very confidently at saint maryes , that every man may injoy his own . what was done in the convocation house would bee too long to relate particularly , many speeches addrest by the new orator , proctor , vice-chancellor , to theire golden idoll , and upon his giving to the library the great bible lately printed in france , the whole fabrick new christned by master corbet , from bodleiana to pembrokiana , upon the same depth of reason , that their mock proctor , goody buttons sonne , had told him , that hee was literatissimus omnium qui accademiam unquam intrarunt . then to creating of doctors and bachelours of divinity , and for three dayes together all degrees most liberally distributed among themselves , and their clients , there being no way imaginable to get a sufficient number to make a convocation or an university hereafter , when the subsidiary country parsons are gone home again , unlesse such creations purè ex nihilo were thus allowed them , for wee heare but of three complyers present in their convocation in the whole vniversity , old rouse the rimmonist , as hee hath named himselfe , old williamson that hath dranke out all but his telling of lyes and love of monyes to provide for more drinke , and pelham the mock-speakers brother , which confesseth hee can doe any thing but deny the trinity , rather then loose a fellowship ; and some add doctor zouch also , who , they say , is told by the earle , that it is too late ; his place being otherwise designed already ; and so 't is certayne that doctor wall having made some civill motions towards complyance , was as civilly treated ; only his prebendary voted from him and cornish one of the apostles put into it , who will not bee put out again by such a trick , i warrant you . thus having erected a strange chimaera called the new modell of the vniversitie , and removed as many heads of colledges as was thought necessary for their present businesse , the earle hath an honourable exit , and is dismissed from his constables office under justice cheynel , untill the stubbornnesse of some pretenders to thense of reasonable souls ( who shall thereupon refuse to throw their doores open to the spoylers ) require him to bee recalled to the execution of his office againe . meane while wee have not yet discovered the reason , , why the execution of his god-sonne doctor hammond , and his old acquaintance doctor morley , and the rest of the prebends of christchurch is deferred , so farre as belongs to the possession of their lodgings ; for they say their names are struck out of the buttery-booke , and successours put in instead of seaven of them , and only doctor sanderson respited by occasion of his not being in towne at the sending the last summons for him : but if they have any man so ventrous as to dare to approach a divinity-chayre and latine hee is sure enough to survive a very little time . and so farewell honesty , civility , learning , piety , christianity ; and welcome bedlam , and barbarisme , and oppression , and hell , the only jewells wee are to receive in exchange for a flourishing vniversity . these things are too sad to bee enlarged on , but will appeare rarely in a full history of the times . and this is all the revenge which is meditated here against these men , and of that they are sure enough by the peculiarity of their condition who are the sufferers in the tragedy . and so this earle's posterity will be able to see their ancestour set out in a full immortall shape , his memory as sure not to die , as erestrarus's was , that burnt a temple , on purpose to perpetuate it . and when that picture is drawne at length , you neede not feare but his encourager and director olsworth , will finde some roome ( though it bee but as a negro , or zany , or sancho ) in the table . oxford april . 17. your mournfull but christian servant . basilius philomusus . fiat voluntas domini . a vindication of the historiographer of the university of oxford, and his works from the reproaches of the lord bishop of salisbury, in his letter to the lord bishop of coventry and litchfield, concerning a book lately published, called, a specimen of some errors and defects in the history of the reformation of the church of england, by anthony hurmer, written by e.d. ; to which is added the historiographer's answer to certain animadversions made in the before-mention'd history of the reformation, to that part of histroia & antiquitates universitatis oxon, which treats of the divorce of queen catherine from king henry the eighth. wood, thomas, 1661-1722. 1693 approx. 41 kb of xml-encoded text transcribed from 16 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a66946 wing w3412 estc r22497 12743343 ocm 12743343 93167 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a66946) transcribed from: (early english books online ; image set 93167) images scanned from microfilm: (early english books, 1641-1700 ; 994:23) a vindication of the historiographer of the university of oxford, and his works from the reproaches of the lord bishop of salisbury, in his letter to the lord bishop of coventry and litchfield, concerning a book lately published, called, a specimen of some errors and defects in the history of the reformation of the church of england, by anthony hurmer, written by e.d. ; to which is added the historiographer's answer to certain animadversions made in the before-mention'd history of the reformation, to that part of histroia & antiquitates universitatis oxon, which treats of the divorce of queen catherine from king henry the eighth. wood, thomas, 1661-1722. e. d. [2], 5-30 p. printed, and sold by randal taylor, london : 1693. reproduction of original in huntington library. anthony harmer is a pseudonym for henry wharton. attributed to thomas wood. cf. nuc pre-1956. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng wood, anthony à, 1632-1695. -history and antiquities of the university of oxford. wood, anthony à, 1632-1695. -athenae oxoniensis. burnet, gilbert, 1643-1715. -history of the reformation of the church of england. wharton, henry, 1664-1695. -specimen of some errors and defects in the history of the reformation of the church of england. university of oxford. church of england -history. 2006-10 tcp assigned for keying and markup 2006-10 aptara keyed and coded from proquest page images 2007-10 elspeth healey sampled and proofread 2007-10 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion 814 wood ( anthony à ) : d. ( e. ) a vindication of the historiographer of the university of oxford , and his works , from the reproaches of the lord bishop of salisbury in his letter to the lord bishop of coventry and litchfield , concerning a book lately published , called , a specimen of some errors and defects in the history of the reformation of the church of england , by anthony hurmer . to which is added the historiographers answer to certain animadvertions made in the before-mention'd history of the reformation to that part of historia et antiquitates universitatis oxon , which treats of the divorce of queen catherine from king henry the eighth . sm. 4to , 30 pp. , cobb boards , fine copy , rare . £4 10 0 randal taylor : london 1693 ⁂ this rare tract is an answer to one of the many attacks on anthony à wood ▪ the famous author of the athenae oxoniensis . his works are fully described and many of his statements justified by reference to the original authorities . it was probably written by thomas wood , his nephew , the lawyer , who appeared for him in his suit against lord clarendon . a vindication of the historiographer of the university of oxford , and his works , from the reproaches of the lord bishop of salisbury , in his letter to the lord bishop of coventry and litchfield , concerning a book lately published , called , a specimen of some errors and defects in the history of the reformation of the church of england , by anthony hurmer . written by e. d. to which is added the historiographer's answer to certain animadversions made in the before-mention'd history of the reformation , to that part of historia & antiquitates vniversitatis oxon , which treats of the divorce of queen catherine from king henry the eighth . london , printed , and sold by randal taylor , mdcxciii . a vindication of the historiographer of the university of oxford , and his works , &c. the prefacer to the first volume of athenae oxonienses , ( now an eminent proficient in the common law , ) saith , first , it is well known , that the author of that work hath through the whole course of his life declined the pursuit of any private interest , or advantage , and hath only , according to his abilities , endeavoured to promote the honour and glory of that nation wherein he had been born , and more especially of that university wherein he was educated . his early application , or as some call it , his natural propensity to histories and antiquities , made him more fit to serve his country in that , than in any other study ; and that part of antiquity which was most useful in it self , and which yet lay most neglected , became the immediate object of his care , as that which not only deserved , but required and wanted the greatest industry . the first product of his labours and generous studies was , the history and antiquities of the vniversity of oxford , which being by him wrote in english in his juvenile years , it pleased the chief heads of the said university to have it put into latin , that the learned world might know and be acquainted with the antiquity , honour and glory thereof : which , had it been done by a scribler , or poor writer , as his lordship of salisbury is pleased to characterize the author in his letter , p. 9. they would not in the least have taken notice of it ; nor would a certain * writer of note have stiled it four years before it was published , liber aureolus plurimo labore nec minori judicio confignatus , &c. it was a book of eight years labour , and all , or most part of it , was extracted from the very bowels of antiquity , as the many quotations from records and manuscripts in every page thereof do shew . it hath afforded matter for many eminent writers , whether domestick , or foreign , who have made honourable mention of it , and its author , as those who are bookish men ( who have frequently stiled it , a choice treasure of antiquities , ) do know very well . after it was finished , the curators of the sheldonian press , namely , sir leoline jenkins , sir joseph williamson , dr. john fell , ( afterwards bishop of oxon , ) and dr. tomas yate , did dedicate it to his majesty king charles the second , to whom being presented at windsor in july , 1674 , by dr. richard allestry provost of eaton college , his majesty was graciously pleased to accept of it , turn over several parts thereof , and hold some conference about it with that learned doctor , as the author of it was by his letters informed . soon after the heads of the university of oxon , agreed , that as many copies that cost eighty pounds should be presented to the great persons of the royal court , of the clergy , and of the law. and afterwards it was presented , in the name of the said university , ( 1. ) to the most illustrious prince john william prince of neoburg , when he was entertained by the members thereof in the beginning of june , 1675. see in the fasti of the second volume of athenae oxon. p. 871. ( 2. ) to the most illustrious prince cosmo de medicis , the great duke of tuscany ; to whom the said hist . & antiq. was sent by the decree of the venerable convocation of the doctors and masters , held on the seventh of october , 1675 , and with it a latin letter pen'd by the publick orator , wherein a just and laudable character was given of the said book , as it appears in the register of the acts of that convocation . the said duke had been entertained by the university of oxon , when he came to see it , and its glories , in the beginning of may , 1669. ( 3. ) to charles maurice le tellier archbishop and duke of rheimes , when he and other french nobility visited the university . it was presented by the hands of doctor fell bishop of oxon , the 8th of may , 1677. ( 4. ) to his royal highness james duke of york , when he was entertained by the university in the month of may , 1683. see in the said fasti , p. 893 , &c. to omit others , must not be forgotten the most illustrious and excellent ld. peter sparr fzee , baron of croneberg , &c. general of the army of foot belonging to the king of sweedland , and extraordinary embassador to the king of great britain , from the said king of sweedland , who had a copy presented to him by the heads , tho' not quite finished at the press , when he was entertained in oxon , in the month of june , 1674. these memoirs are purposely set down , that the reader might understand what value the chief members of the most famous university of oxon had for that book , which they deemed a fit present for a prince , and other great persons , and that he might see that the author thereof was not a poor writer , or scribler , or one who had no reputation of lose , as his lordship of salisbury in his letter before mention'd tells you , p. 9 , 10. the said book , wherein is maintained , by several valid arguments , the antiquity of the university of oxon , against that of cambridg , remains as yet unanswer'd : nor is any part of it animadverted upon , but a minute part , by doctor gilbert burnet in the first part of the history of the reformation of the church of england , printed at london , 1679 , wherein , p. 85 , 86. the author speaking of the divorce of queen catherine from king henry the eighth , makes these animadversions following on the said part in hist . & antiq. vniv . oxon. lib 1. p. 256. a. the collector of the antiquities of oxford , informs us of the uneasiness of this matter , ( the divorce , ) and of the several messages the king sent before that instrument , ( meaning the act , or decree of the vniversity , in order to the divorce , ) could be procured . so that from the 12th of february , to the 8th of april , the matter was in agitation , the masters of arts generally opposing it , tho' the doctors and heads were ( for the greatest part ) for it . but after he has set down the instrument , he gives some reasons ( upon what design i cannot easily imagine ) to shew that this was extorted by force ; and being done without the consent of the masters of arts , was of its self void and of no force . and , as if it had been an ill thing , he takes pains to purge the university of it , and lay it upon the fears and corruptions of some aspiring men of the university : and without any proof gives credit to a lying story set down by sanders , of an assembly called by night , in which the seal of the university was set to the determination ; but it appears that he had never seen , or considered the other instrument to which the university set their seal , that was agreed on in convocation of all the doctors and masters , as well regents as non-regents ; giving power to these doctors and bachelors of divinity to determine the matter , and to set the seal of the university to their conclusion . the original whereof the lord herbert saw , upon which the persons so deputed had full authority to set the university's seal to that conclusion ; perhaps that instrument was not so carefully preserved among their records , or was in queen mary's days taken away , which might occasion these mistakes in their historian . there seems also another mistake in the relation he gives , for he says , those of paris had determined in this matter before it was agreed to at oxon. the printed decision of the sorbone contradicts this , for it bears date the second of july , whereas this was done the ninth of april , 1530 , &c. thus the church historian , soon after the author , or collector of the antiquities of oxford , examining the said animadversions on that little part of his book before mention'd , he divided them into several pieces , and made answer to each , but were not then printed . the contents of which , and the answers follow . — but after he hath set down the instrument , he gives some reasons , &c. the two first reasons ( if they may be so called ) were put in by another hand , and the other were taken by the author from these three books following , viz. ( 1. ) from a treatise of marriage , &c. written by doctor nicholas harpesfield , which is a folio manuscript , written either in the time of queen mary , or in the beginning of queen elizabeth , and 't is by him quoted in the place excepted against . ( 2. ) from the life of queen catherine , written by william forest in the reign of queen mary , and dedicated to her. 't is also a manuscript , and written in a fair character on parchment . ( 3. ) from an apology for the government of the vniversity of oxon against king henry the eighth , &c. written by a master of arts in the time of queen elizabeth . 't is a manuscript also , and hath all the kings letters therein , written to the university about the question of marriage and divorce , with several passages relating to convocations and congregations , concerning the said question . so now you may see , that he did not frame , or give those reasons from his own invention , but from authors of credit in the time they lived . — ( vpon what design i cannot easily imagin . ) there was no design at all in the matter , but only for truth 's sake , which very few in these days will deliver . — and , as if it were an ill thing , he takes pains to purge the vniversity of it , &c. it was a very ill thing ( as he thought ) for a king by his letters to frighten persons out of their consciences and opinions , and to endeavour to force them ( as 't were ) to say and do what must please him : but forasmuch as the masters would not be frightned , and therefore they were laid aside ▪ and the matter discussed and determined by a few old doctors , and bachelors of divinity , who would act and say any thing to please the king , lest danger should follow , they ought to be commended for keeping their consciences sound , and standing up for that which they thought was equity . — and without any proof gives credit to a lying story set down by sanders , of an assembly called by night , &c. sanders is not his author , for he says no such thing in his book de schismate , of an assembly called by night . his author , for it is the apology before-mention'd , which adds , that when a regent of balliol-college ( whom the scholars called king henry ) heard that the commissary ( or vice-chancellour ) and his company were going to dispatch this night-work , denied the seal with his breeches about his shoulders for want of a hood . see in hist . & antiq. vniv . oxon. lib. 1. p. 256. a. the truth is , the meeting was unseasonable , and all their actions clancular , as having been protested against by , and done without the consent of the regents . and as for sanders , tho' he cannot defend him , yet many things in his book de schismate , especially those relating to the university of oxon , he finds , from other places , to be true . — but it appears , that he had never seen and considered the other instrument , to which the vniversity set their seal , &c. the grand collection , or farrago , which mr. thomas master , of new-college , drew up by the lord herbert's appointment , in order to write the life of king henry the eighth , he had seen and perused , but could not with all his diligence find that instrument , act , or decree of convocation , neither in the three great folio's written by another hand , containing materials at large for the writing the said life , neither in any of the registers , records , or papers , belonging to the university : so that for those reasons , and because that the lord herbert says , that it was blurred , and not intended for the king , and that also it was not under seal ( you say 't was ) neither passed in the majority of votes , therefore did he omit it , as not authentick . truly he had good ground to think , that it was only drawn up , and not proposed ; for if it had been proposed , it would have been registred , there being nothing proposed either in convocation , or congregation , but is registred , whether denied or not : and the register of that time is most exactly kept , and nothing , as he could perceive , hath been tore out . — there seems to be another mistake in the relation he gives , for he says , those of paris had determined in this matter , &c. he says it not , for it was said by m. warham archbishop of canterbury , then chancellour of the university , in his letters thereunto , to make what expedition they could to give in their answer to the king's question , forasmuch as paris and cambridge had done it already . for this matter he quotes the book of epistles sent from , and to the university of oxon , which is a manuscript in the archieves of bodley's library , epist . 197. yet he believes the archbishop said those things to hasten the members of the convocation of the university of oxon the more , tho' probably it was not so . however he was not bound to take notice of that , but to follow record as he had found it : and that he doth follow record throughout his book , there is not one ( as he presumes ) of the venerable senate of antiquaries , or historiographers , can deny it , &c. thus far the answer to the animadversions of the church historian , made on a little part of hist . & antiq. vniv . oxon. now forasmuc has the said church-historian doth often quote and make use of several manuscripts and records in the cottonian library , it would be well worth the curiosity of some persons , to enquire why he did not make use of a certain volume in that library , under faustina , c. 7. containing letters sent from , and copies of charters , privileges , &c. of the university of oxon : in which letters are several matters relating to the reformation of the said university by certain commissioners appointed by king henry the eighth , anno 1535. to which may be answered , that there being many vile things in the said letters , which tend rather to the deformation of the said university , ( a nursery to supply the church ) they would have spoiled the smooth current of his history of reformation : and if so , as several curious persons have supposed , it doth , under favour , argue much partiality ; and he that is partial , is not fit to be an historian . one passage , among the rest , i shall here set down , written by nicholas layton , or leighton , one of the commissioners ; his letter dated the twelfth of september , 1535 , and directed to thomas cromwell secretary of state , ( wherein is mention made of some of the mad work they had done relating to the works of the famous joh. duns scotus , ) tells you thus , we have set dunce in boccardo , ( meaning a prison in oxon so called , ) and have utterly banished him oxford for ever , with all his blind glosses , and is now made a common servant to every man , fast nailed up upon posts in all common houses of easement , id quod oculis meis vidi . and the second time we came to new-college , after we had declared their injunctions , we found all the great quadrant-court full of the leaves of dunce , the winds blowing them into every corner , and there we found one mr. greenfeld , of buckingham-shire , gathering part of the said book-leaves ( as he said ) therewith to make him scuels , or blaunsheers , to keep the deer within the wood , thereby to have the better cry with his hounds , &c. thus , thomas layton : which things were mostly done by dr. john london , another commissioner , at that time warden of new-college , who spared not to abuse his founder , college , university , and his conscience , to gain favour from great persons , and wealth into his purse . if so be the said commissioners had such disrespect for that most famous author j. duns , who was so much admired by our predecessors , and so difficult to be understood , that the doctors of those times , namely dr. william roper , dr. john kynton , dr. william mowse , &c. professed , that in twenty eight years study , they could not understand him rightly , ( as john bale , an inveterate enemy to that author , and romanists , * reports , ) what then had they for others of inferiour note ? truly , i have very good reason to think , that the said commissioners made sad havock in the university at that time , and were not wanting , upon all occasions , to give an ill report of learning , and learned men. so it was , that what the wisdom of former times did advance , and cry up , the peevish and base humour of these ( 1535 ) did decry and run down , such is the world's career . but now let 's proceed , it has been a wonder , that among all the members of the most famous university of oxon , who have signaliz'd their learning and industry in all professions , and almost upon all subjects , never have undertaken the history of the writers thereof , and of learning , till our historiographer wrote the athenae and fasti oxon , the first volume of which coming out in 1691 , doth make the second volume which he has written . it was partly collected from records , and registers , and some of it from the works of authors who are therein mention'd . another part from books written pro and con , and what concerns the death and burial of authors , is taken from epitaphs , parochial and other registers , or from the will , or heralds-office at london . and lastly , what is said of such roman catholick-writers , either in that , or the second volume , who to enjoy their religion in peace and safety , have fled their native-country , is partly taken from the registers of those colleges and houses of religion beyond the seas , wherein they have settled , and spent their time , or from the epitaphs , or inscriptions on their graves . all which hath been communicated to the author by letters from persons mostly unknown to him . now whereas the bishop of salisbury saith in his letter , p. 9. that he hath been visibly made a tool by some of the church of rome , to reproach all the greatest men of our church ; is , under favour , not true , as he himself hath several times protested , and with zealous imprecations declared his innocency of such a matter , so much , that he is ready to make oath in any court of judicature , that he hath not in the least , either by letter from , or discourse with , any roman catholick , whether religious , or laick , been desired , persuaded , or provoked to speak any one thing of , or against , a writer , or bishop , or any person else , of the protestant persuasion . his lordship , in that character of the historiographer's being made a tool , hath seemed much to incline to the vain reports of some men , and hath received things too much upon trust : for had he enquired of several persons in oxon of known worth and truth , he would have found him not to be so . but it seems those just truths which he hath given of trimmers and temporizers relishes not with many men of this age. furthermore also , whereas his lordship doth alledg , that he hath laid together all that the malice of missionaries could furnish him with , to blemish the work of one of the greatest men of our church , bishop jewell ; is , under favour , a mistake , for he laid them not , but r parsons the jesuit , whom he quotes for what he says : and if any thing be ill said of that bishop , those of parsons his party are to answer for it , while in the mean time the author of the athenae oxon is so far from speaking ill of that worthy and learned bishop , that he tells you in that book , that he was one of the greatest lights that the reformed church of england hath produced ; that for his great learning and sufferings he was made bishop of salisbury by queen elizabeth ; and adds , with cambden , ( who was no missionary ) that he was a wonderful , great , and deep divine , a most stout and earnest maintainer of our reformed religion , against the adversaries of his learned books : that he was a man of singular ingeny , of exquifit erudition in theologicals , and of great piety , &c. what more can be said ? if this is not enough , after an excellent book written of his life by the learned dr. lawrence humphrey , i know not what is . the truth is , which may be easily observed by any ordinary reader ( not prejudiced ) that the author of athenae oxon. hath written * very impartially , and has related whatsoever he knows , whether good or bad , of those whose lives he writes . the roman catholicks are not better used by him , than those of the church of england , as may be seen in the lives of many of them in the first volume , among which are those of john bekinson , william chiadsey , edm. bonner , thomas harding , henry cole , edm. campian , john nicholls , robert parsons , and others , whose great mutability in religion , ( which the author of the works of the learned calls hyprocrisie ) he sets down . the second volume of the athenae oxon , which makes the third volume that the author hath published , was collected as the first , viz. from records , registers , &c. in it you 'll find a great deal of the mystery of iniquity acted in that dismal rebellion which was commenced by the puritans , and other factious people , anno 1642 , opened and displayed . it shews how those brethren were common preachers up of treason and rebellion , and how their pulpits were esteemed by observing men , the chairs of juglers : that blasphemies , profanations , absurdities , &c. were by them vented every day in their extemporary prayers and sermons , to the great blinding and misleading of the people . it shews how the men of those times did turn themselves , and overturn all things , meerly for private interest and gain . it shews also the instability of others , who then swore and forswore for their own ends , made religion a stalking-horse , and of sacred oaths , no more than common knights of the post . therein you 'll find many passages relating to the life and actions of that blessed martyr king charles the first , especially for the two last years of his reign , which were never before published , and the intriegues of many of the leading men on the rebels side , that were carried on , in bringing that pious prince to the block . therein you 'll find great and generous sense of loyalty in the author , and from his pen just and impartial characters of the true and suffering sons of the church of england ; as also the impartial relations of such as were not so , mostly taken from their own books and sermons , or pamphlets written by the brethren , or royal party . you 'll also find therein the just characters of many of the nobility and gentry that adhered to the said king when he was at oxon , and what not of history that relates to that most wicked and barbarous rebellion before-mention'd ? you 'll also find therein many bold and undeniable truths , which treading too close on the heels of time , several persons ( whose relations had been actors in , or submitters to the men in the said unparallel'd rebellion , ) have endeavoured to make them abuses and libels , thereby to bring the author into trouble . both the volumes of the athenae and fasti oxon , ( which his lordship of salisbury calls a despicable book ) are most exactly written according to time ; and the author has been so punctual , that the very day , and sometimes the hour of a thing done , or of the death of a writer , or bishop , is set down ; and all compacted in so good and exact a method , that nothing of that nature can possibly be done better : and therefore why his lordship of salisbury should say , that he has thrown together a tumultuary mixture of stuff and tattle , none in oxon can imagin it , or in the least judge where that stuff and tattle should be lodged . both the said volumes will , without doubt , be of great use to all persons of literature , but particularly to such as apply themselves to history , or politicks , whom it concerns every moment to know what kind of men were the authors of those books they read. neither is that knowledg unnecessary to all that study ; for as the writing of authors may be said to be the picture of the mind , so to know their life , religion , and most remarkable actions , must needs be a great help towards judging rightly of their sentiments . this being an infallible truth , it has been a wonder to many , why his lordship of salisbury , who hath written many lives ( and many more ) of eminent men , and seems to have a peculiar genius that way , should now endeavour to run down the athenae and fasti oxon , which consists all , or most , of lives and characters , and make it a despicable book , and the author a scribler , &c. as for that passage in mr. w. fulman , in the second volume of athenae , p. 625 , that his corrections of , and observations on , the first part of the history of the reformation of the church of england , were some omitted , and others curtail'd , &c. the author had from mr. fulman himself , who related it several times with reluctancy before him , and some of his collegiats of christ-church-college , and seemed to condole his misfortune , that his labours and lucubrations could not stand according to his mind , desiring withal , that as the said author had done * him right , as to the collecting of the works of king charles the first , and obtaining materials for the writing of that king's life ( the glory of which , dr. richard perinchief carried away , ) so he would be pleased to do him right in the work ( athenae oxon ) that he was then meditating , to let the world know of the omitting and curtailing of many of the said observations . all which , he according to a promise then made , hath performed , and thereby done right to the memory of his deceased friend : which being just and equitable , and not unbecoming an historian , his lordship of salisbury needed not to expect to see a writer of his ( anthony harmer ' s ) rank descend so low to cite such a scribler , especially upon such an occasion , &c. had it not been for mr. harmer's reference to a passage in the second volume of the athenae oxon. the character of a scribler , and other most terrible things of the historiographer , would not have been mention'd ; but something must be said , let it be never so unjust , lest an answer should be deficient , et hinc lachrymae . i cannot but reflect on that sort of creature , who when for their snarling and barking , a stone or a stick is thrown at them , they turn tail to him that threw it , and fall with teeth , and grins upon the poor instrument of correction . with reverence be it spoken , there is a great likeness in the present case . mr. harmer being a little offended with the noise made by the writer of the history of reformation , thought fit to cast at him a passage out of athenae oxon. vol. 2. p. 625. upon this the author of that history turns away from the objecter , and falls upon the book so objected to him , with so much fury , that if the book had been burned , it had been better used . but pray where 's the ingenuity of this method of defence ? would any court of equity allow , that when a person stands convicted of a crime by this or that evidence , he shall not insist upon disproof of the testimony , but fall upon the witness , and call him fool and knave , because he dared to prove him guilty ? if the writer of this vindication had treated mr. harmer with some scorn and contempt , it had not affrighted him , nor deterr'd him from enquiring further into the truth * of things . and therefore it seems when he foresaw his scorn and contempt would be thrown away upon the said mr. harmer , he was resolv'd to cast it all upon the by-stander , the author of athenae oxen. and it was wisely done , not to provoke the man that wore the sword , but to turn the affront upon the naked passenger . and he has effectually done it upon one , who can digest a rude thing , and equally neglect greatness and passion . the next matter that his lordship of salisbury takes notice of , is , his barbarous attacking the memory of his predecessor bishop ward , who was in so many respects one of the greatest men of his age , &c. what his lordship means by barbarous attacking , is , no doubt , in his sense abusing , or reporting false things of him . if so , then let the reader know that what is said , being taken from register and observation , is as clear as the sun at noon : but i see truth must not be spoke at all times . had his lordship known dr. ward before his majesties restauration , he would have been of another mind ; but his knowledg of him , was not , i presume , till after he was a bishop , when then , and to the time of his death , he was esteemed a good and excellent man. the truth is , he was a man of parts , and a great royalist for a time ; but when he saw that king charles the first was beheaded , and monarchy never in a possibility of returning again , then did he change his orthodox principles , submit to the men then in power , and eat the bread of two royalists , ( that had been ejected , ) successively . and tho' his friends say , that he never took the oath cal●ed the engagement , yet it appears that he did so in the register belonging to the committee for the reformation of the university of oxon , as i was many years since informed by the clerk belonging to that committee . what his life and conversation was , while he lived in oxon , the poor remnant of the royalists that then remained there , would have told you , who usually said , that had not dr. ward degenerated from their principles of loyalty , he would not have lashed out into several immoralities , &c. for the doing of which , he also lost the opinion that the then saints in the university had of him . and now to conclude , i shall leave with you the character of the author of the athenae oxon. which is at the end of the epistle to the reader , ( of which but few were printed , ) set before the first volume of the said athenae running thus , the reader is desired to know , that this herculean labour had been more proper for a head , or fellow of a college , or for a publick professor , or officer of the most noble university of oxon , to have undertaken , than the author , who never enjoyed any place or office therein , or can justly say , that he hath eaten the bread of any founder . also , that it had been a great deal more fit for one who pretends to be a virtuoso , and to know all men , and all things that are transacted : or for one who frequents much society , where the characters of men and their works are frequently discussed ; but the author , alas , is so far from frequenting such company , that he is as 't were dead to the world , and utterly unknown in person to the generality of scholars in oxon. he is likewise so great an admirer of a solitary and retired life , that he frequents no assemblies of the said university , hath no companion in bed , or at board , in his studies , walks , or journeys , nor holds communication with any , unless with some , and those very few , of generous and noble spirits , that have in some measure been promoters and encouragers of this work : and indeed all things considered , he is but a degree different from an ascetick , as spending all or most of his time , whether by day or night , in reading , writing , or divine contemplation . however , he presumes , that the less his company and acquaintance is , the more impartial his endeavours will appear to the ingenious and learned , to whose judgments only he submits them , and himself . to which i shall add what i know besides of the same author , viz. that he did never in heat and forwardness meddle with a subject , to which he was not prepar'd by education , and a due method of studies : that he never wrote to oblige a rising party , or to insinuate into the disposers of preferment ; but has been content with his station , and aimed at no end but truth : that he never took up with the transcript of records , where the originals might be consulted : nor made use of others eyes , when his own could serve : that he never wrote in post with his body and his thoughts in a hurry , but in a fix'd abode , and with a deliberate pen : that he never conceal'd an ungrateful truth , nor flourish'd over a weak place , but in sincerity of meaning and expression has thought an historian should be a man of conscience : that he has never had a patron to oblige , or forget , but has been a free and independent writer : and in a word , that he confesses there may be some mistakes in modern things and persons , when he could have no evidence but from the information of living friends , or perhaps enemies : but he is confident , that where records are cited , and where authentick evidence could possibly be had , there he has been punctual and exact . and therefore he defies anth. harmer to write any one specimen of errours and defects in his history ; or if he can find out eighty nine , or one hundred , gross mistakes , yet he should not value his threats of further exposing him , and his writings . finis . notes, typically marginal, from the original text notes for div a66946-e280 * nich. lloydius in dictionario historico , geograph . poet. &c. edit . oxon. in fol. 1670. p. 593. col . 2. in voce oxon. * in his mystery of iniquity , &c. printed at geneva , in octavo , anno 1545 , fol. vel pag. 26. * so in the works of the learned , &c. london , 1691. qu. p. 5. * see hist . & antiq. univ. oxon , lib. 2. p. 243. see also in athenae oxon , vol. 2. p. 625. * preface to the specimen of errours , &c. p. 7. 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. this text is an enriched version of the tcp digital transcription a94141 of text r18621 in the english short title catalog (thomason e391_15). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 91 kb of xml-encoded text transcribed from 22 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a94141 wing s623 thomason e391_15 estc r18621 99860440 99860440 112560 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a94141) transcribed from: (early english books online ; image set 112560) images scanned from microfilm: (thomason tracts ; 62:e391[15]) 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. [8], 35, [1] p. s.n.], [london : printed in the yeare, 1647. "stated by wood to have been drawn up by dr. robert sanderson in what referred to reason and conscience, and by dr. richard zouche in the legal part, with the help of certain delegates [including gerard langbaine.]"--madan 1926. place of publication from wing. the words "the solemne .. vvorship." are bracketed together on title page. with errata on f2r. annotation on thomason copy: "june 9th". reproduction of the original in the british library. eng university of oxford -early works to 1800. solemn league and covenant (1643). -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a94141 r18621 (thomason e391_15). civilwar no reasons of the present judgement of the vniversity of oxford,: concerning [brace] the solemne league and covenant. the negative oath. the o university of oxford. convocation 1647 15556 54 5 0 0 0 0 38 d the rate of 38 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 emma (leeson) huber sampled and proofread 2007-03 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion 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 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 , much worse ; and in 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 favouring 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 benefi●e , 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 ●ame 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 d●fend all jurisdictions , privileges , preheminences , and authorities granted or belonging to the kings highnesse , his heires , and successors , or united and annexed to the imperia●● crow●● of this realm● . one of the which privileges and preheminences , by an expresse statute so annexed , and that even , in termi●● , 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 tumuk , 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 necesssity 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 jure divino in 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 jesus 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 justice , 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 ●●●onveniences , 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 roo●ed 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-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 parl●ament , 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 ●●ine of this famous church ; which in all conscience and d●ty we are bound with out 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 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 their said declaration 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 cle●rnesse 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 , jus 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 prosecution 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 asto 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-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 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 the argument 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 ȧ 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 judge , and the members of both houses 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 yee 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 justice ) 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 collections 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 assist 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 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 conc●rning 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 abrogate such act or acts . for , since ejusdem est potestati● 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 ●y the pu●lique 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 su●jects 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 wish 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 word of god : b●● 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 , chappels , 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 justifi● ( 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 continuing 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 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 . notes, typically marginal, from the original text notes for div a94141e-530 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. 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. this text is an enriched version of the tcp digital transcription a62025 of text r183228 in the english short title catalog (wing s624). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 87 kb of xml-encoded text transcribed from 22 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a62025 wing s624 estc r183228 12602983 ocm 12602983 64210 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a62025) transcribed from: (early english books online ; image set 64210) images scanned from microfilm: (early english books, 1641-1700 ; 702:8) 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. [8], 35 p. s.n.], [london : 1647. "stated by wood to have been drawn up by dr. robert sanderson in what referred to reason and conscience, and by dr. richard zouche in the legal part, with the help of certain [other] delegates [including gerard langbaine.]"--cf. madan 1926. translation of: judicium universitatis oxoniensis. first edition. reprinted as an appendix to walton's life of sanderson. errata: p. 35. reproduction of original in duke university library. includes bibliographical references. eng university of oxford -early works to 1800. solemn league and covenant (1643) great britain -history -civil war, 1642-1649. a62025 r183228 (wing s624). civilwar no reasons of the present judgement of the vniversity of oxford, concerning the solemne league and covenant. the negative oath. the ordinances sanderson, robert 1647 15539 13 5 0 0 0 0 12 c the rate of 12 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-11 tcp assigned for keying and markup 2002-12 aptara keyed and coded from proquest page images 2003-01 john latta sampled and proofread 2003-01 john latta text and markup reviewed and edited 2003-02 pfs batch review (qc) and xml conversion 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 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 iesus christ , and the peace and tranquility of christian kingdoms and common-wealths . the negative oath . i a. b. doe sweare from my heart , that i 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 i 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 i 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 preface to the covenant . 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 , much worse ; and in 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 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-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 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 , iurisdictions , 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 kingdome , 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. swearing with such a limitation ) have made our selves guilty of an actuall and reall diminution ( 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 resolure papist or sectary may securely swallow , and the conscience of a good protestant cannot but strein 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 their said declaration 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-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 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 iudicatory 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 kingdomes , which are in the first place , c 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 conscience . 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 iesuites 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 exp●essed , 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 ( ius subjectionis ) doth not spring from , nor relate unto the actuall exercise of kingly protection ; but from and unto the princes obligation to protect ( ius 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 mustnext 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 the argument 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 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 defenditur . iure & 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. 1. 24. r. be inevitably . notes, typically marginal, from the original text notes for div a62025e-480 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 pluriúmve 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 ian. 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. a ( 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. i. 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 iustice ; 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 world , 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 haeretici nec deo , nec hominibus servant fidem . — speciatim hec addo , calvinistas in hac re deteriores esse quàm lutheranos . nam calvinistae nullam servant fi●em : iura , perjura . — lutherani moderatiores sunt . becan . 5. manual . controv. 14. 2. 4. &c. 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 perfec . 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 authori●y of the same , to ordaince , &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 ienkins , 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 and coronam & dignitatem regiam , 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 fin●h 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. iames . l fons iustitiae . 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 soveraigne 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. * stat. 23. eliz. 1. & 29. eliz. 6. & 35 el. 1. & 2. & 3 iac. 4. & 5. the vniversity of oxfords plea refuted, or, a full answer to a late printed paper intituled, the priviledges of the university of oxford in point of visitation together with the universities answer to the summons of the visitors ... / by william prynne, esq. ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56225 of text r5306 in the english short title catalog (wing p4121). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 156 kb of xml-encoded text transcribed from 35 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56225 wing p4121 estc r5306 12378281 ocm 12378281 60652 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56225) transcribed from: (early english books online ; image set 60652) images scanned from microfilm: (early english books, 1641-1700 ; 223:14) the vniversity of oxfords plea refuted, or, a full answer to a late printed paper intituled, the priviledges of the university of oxford in point of visitation together with the universities answer to the summons of the visitors ... / by william prynne, esq. ... prynne, william, 1600-1669. allestree, richard, 1619-1681. fell, john, 1625-1686. langbaine, gerard, 1609-1658. waring, robert, 1614-1658. [2], 64 p. printed by t.b. for michael spark ..., london : 1647. the authorship of the priviledges of the university of oxford in point of visitation has been variously attributed to richard allestree, john fell, and gerard langbaine. robert waring claimed the authorship himself. cf. madan. errata: p. 64. reproduction of original in yale university library. eng university of oxford. priviledges of the university of oxford in point of visitation. a56225 r5306 (wing p4121). civilwar no the vniversity of oxfords plea refuted. or, a full answer to a late printed paper, intituled, the priviledges of the vniversity of oxford in prynne, william 1647 24389 286 0 0 0 0 0 117 f the rate of 117 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-05 aptara keyed and coded from proquest page images 2002-06 kirk davis sampled and proofread 2002-06 kirk davis text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion the vniversity of oxfords plea refuted . or , a full answer to a late printed paper , intituled , the priviledges of the vniversity of oxford in point of visitation : together with , the vniversities answer to the summons of the visitors . manifesting the vanity and falsity of this pretended vniversity priviledge and plea to the visitors jurisdiction ; that the right of visiting the vniversity of oxford is onely in the kings majestie , and that it is exempt from all other iurisdiction by its foundation , prescription , and severall grants of exemption . and insufficiency of all the allegations and authorities produced to support it . published for the information of the iudgements , and satisfaction of the consciences of all ingenuous members of that vniversitie , who onely out of ignorance or error , not obstinacy or malignity , have demurred to the iurisdiction of the visitors thereof , though appointed , authorized by ordinance of parliament , and commission under the great seal of england . by william prynne , esq one of the said visitors prov. 19. 20. heare counsell , and receive instruction , that thou maist he wise in in thy latter end . london , printed by t. b. for michael spark , 1647. robert : davies of ilannerch● denbighshire● the vniversity of oxfords plea refuted . the ingenuous answer of some of the doctors , and both the proctors of my mother-university of oxford , to the honourable standing committee of lords and commons for its regulation , on the 16. of this instant november , ( before whom they were then personally convented , for demurring to the jurisdiction of the visitors appointed them by both houses of parliament ) to this effect : that they did in their former papers presented by the proctors , october 8. by way of petition , onely represent their sense of their own priviledges , and their obligations ( as they conceived ) by divers oaths for the maintaining of them , without circumscribing or limiting , much lesse denying or contemning the authority of the lords and commons , but purposely avoyding ( as still they did desire to avoyd ) all questions of so high and transcendent a nature ; it being possible that they might be in an errour , and yet to be obliged in conscience , not to do otherwise then they have done , till they are convinced of that errour . and therefore humbly d●sired convenient time to advise with councell , more fully to inform themselves , in a case so extraordinary , and of so great concernment , not onely to themselves , but to the whole vniversity in present , and in future , &c. enduced me , not onely then to move this honourable committee , that the university and they might be fully heard by their counsel on a convenient day , to alledge whatever they could , both in maintainance of their respective answers delivered in under their hands to some of the visitors , and then by them there acknowledged , which was accordingly ordered in their favour ; but likewise to borrow some time from my other employments , to examine and refute all those pretended university priviledges , and false allegations to support them , in a letter lately printed at oxford ( by the universities approbation , if i am not misinformed ) entituled , the priviledges of the vniversity of oxford in point of visitation , &c. ( which hath seduced many to dispute and disobey the visitors power ; ) wherein the substance of all their objections against the visitors jurisdiction in point of law or conscience , are comprised ; that so i might in a university way , by strength of argument and evidence , not by power and force , inform the misguided judgments , and satisfie the erronious consciences of all such members of this university , liable to our visitation , whose obstinacy or malignity shall not render them altogether incapable of better instruction , and consequently of any hopes of commiseration or pardon for their contumacy . i● is not my design in this summary discourse , to enter into any large debate of the sovereign power of both houses of parliament , whose supream jurisdiction to visit , punish ; reform all abuses and corruptions in the kings own court , in the highest courts of justice , the greatest officers of state , and in all corporations and societies of men whatsoever , within this realm , i have largely vindicated in a other treatises , seeing the university it self , and the parties convented , do willingly wave this dangerous dispute , as fatall and destructive to them , if positively insisted on ; but onely to demonstrate to them the vanity and falsity of this their pretended priviledge they peremptorily assert , and principally rely on , as their lawfull inheritance and birth-right , which they are obliged by oath and duty to maintain . that the right of visiting the vniversity of oxford is onely in the kings majesty , and that it is exempt from all other jurisdiction , both by foundation , prescription , and severall grants of exemption . this their claim and assertion , i shall irrefragably falsifie and refute by histories and records , which cleerly evidence ; first , that the university of oxford was anciently of right for many ages , under the jurisdiction , if not visitation of the bishop of lincoln , as he was their diocesan . secondly , that it was anciently of right , and so continued till this parliament , under the visitation & jurisdiction of the archbishops of canterbury as metropolitanes ( who have frequently visited this university and cambridge too ) as being within their province , and have been acknowledged and adjudged by king richard the second , king henry the fourth , and an whole parliament in his reign , and by king charles himself , upon solemn debate , to be lawfull visitors of it , de jure . and that these three kings , and the parliament of 13. h. 4. have by their charters and votes absolutely disclaimed the king's sole right of visiting the universities , and alwayes resolved the contrary , when the universities for their own ends have set it on foot , and laid claim unto it : no king of england before henry the eight , ever visiting either of the universities , for ought appears by any authentick records . thirdly , that the pope by his legat hath visited both universities , without resistance , or any plea put in to his jurisdiction , no longer since then q. maries reign ; and that the universities are subject to their chancellours jurisdiction and visitation too , by their own conffessions . fourthly , that most particular colledges and hals in both universities , as colledges , hals and members of the university● have their particular visitors appointed by the founders , to whose visitation and jurisdiction they are subject , and not to the king's alone . fiftly , that their pretended grants of exemption were procured onely from popes , not from the kings of england ; that our kings themselves & one parliament , have damned them , as derogatory to the king's prerogative , even in times of popery , and the vniversity it self disclaimed and renounced , them both before the king , and in full convocation , as a grievance , not a priviledge , obtained against their wils , and without their privity , to their prejudice . when i have made good these positions , the whole university and their delegates ( if not stupendiously obstinate ) must necessarily retract this their plea as false and nugatory , and disclaim their imaginary priviledge . for the first of these , it is as cleer as the noon● day sun , that the university of oxford was under the jurisdiction , if not visitation of the bishops of lincoln , as being their diocesans : first , by the very buls of pope a boniface the eight , and b sixtus the fourth , cited in the third page of the priviledges of the vniversity of oxford in poynt of visitation ; in expresse termes exempting the university , ab omni jurisdictione episcopali & a visitatione : which needed no such exemption by two successive popes , from the bishops jurisdiction and visitation , if the university ( founded many hundred yeers before these buls were granted ) had never been subject to , but exempted from it by foundation and prescription too , as is pretended ; it being then a meer superfluity for these popes to grant , or the university to embrace , as a special priviledge and indulged favor . next , by these ensuing cleer historical passages : c matthew paris in anno dom . 1257. pag. 915 , 916. writes thus concerning the bishop of lincolns and university of oxford's contest then happening between them about his jurisdiction and the universities priviledges , which he endeavoured to infringe in the generall , without specifying the particulars , which difference was referred to the parliament then at hand to determine . eodem tempore , videlicet septimo idus martii , venerunt ad sanctum albanum quidam magistri oxoniae , circitèr novem artistle , q●i querula voce coram rege , in capella sancti oswini reposuerunt querimoniam de episcopo lincolniensi , qui contra statuta universitatis antiqua & approbaca , nitebatur libertates scholarium eneruare : & statutus est dies responsionis ad instans magnum parliamentum , ut auditis partium rationibus , pacificarentur , &c. a henry lexinton was then bishop of lincoln . what the parliament ( here made the proper judge of the universities priviledges by the kings own referēce ) determined in this cōtroversie , or what the priviledges cōtroverted were , i find not in any historian or record : but certain it is , they determined nought against the bishops jurisdiction over the university of oxford , who had the better cause and right ; as appears by this passage of matthew parker , in his b antiqu. ecclesiae brit. p. 204. in the life of iohn peckam , anno 1287. hoc etiam tempore lis quaedam inter . lincolniensem episcopum & universitat●m oxon , aliquot innis de jurisdictione episcopi in scholares universitatis agitata est . in qua joannis cantuariensis , cum scholarivm cavsam vacillare , nec ivra stare posse intellexerat , scholaribus rescripsit ; si in jure contenderent , vinci eos et svperari necesse esse ; praesertim cùm his quibus uterentur privilegiis a iurisdictione episcopali ivre commvni stabilita , eximi neqvaqvam potvissent : c oliver sutton was then bishop of lincoln . upon this advice , it seems the university submitted to the bishop of lincoln's jurisdiction , as their diocesan , so far as to present their chancellour to him for his approbation and confirmation ; as is evident by this history , recorded in antiq. eccles. brit. p. 268. anno 1350. oxoniensis universitatis scholares cancellarium suum , quendam willihelmum de palmorna elegerunt : qui cùm ad lincolniensem episcopum , in cujus diocaesi tunc ste●i● oxonium confirmandus venisset , crebris procrastinationibus in aliud temporis ab episcopo rejectus est : id tàm universitas oxonien●is quàm ipse cancella●ius electus indignè tulit . qui facti querela coram a●●chiepiscopo ( simone islippe ) declarata , ab eo opem & remedium ad tam diutinam & voluntariam sine causa tollendam moram , petierunt . archiepiscopus edicto lincolniensi praecepit , ut cancellarium electum die quodam statuto confirmaret , aut coràm se compareret , dicturus causam , cur admitti & confirmari non debeat . interea archiepiscopus causam johanni coulton cancellario suo , & ecclesiae cathedralis wellensis decano commisit . die statuto aderant cancellarius electus , & oxoniensis universitatis procuratores , qui confirmationem & consecrationem instanter petierunt ; lincolniensis autem episcopus non comparuit : in cujus absentis contumaciam cantuariensis cancellarius in negotio electionis legitimè procedens , eam legitimè ritèque celebratam , ac canonicam esse pronunciavit . quo facto archiepiscopus cancellarium confirmavit , & eundem ad universitatem oxoniensem regendam admisit ; gregique scholarium scripsit , ut ei jam admisso juxta universitatis jura ac statuta obtemperent atque pareant . ab hac admissione lincolniensis episcopus privilegie suo antedictó ( ut se suosque papali privilegio , quod avinione à papa clemente magnis muneribus impetravit , ab hujus archiepiscopi jurisdictione defenderet ) fretus , ad papam appellavit . archiepiscopus antem rejecta appellatione , eum ut suae jurisdictionis & archiepiscopalis authoritatis contemptorem , ad sui tribunal vocavit , & non accedentis proterviam interdictis ecclesiasticis in ejus terras praediaque latis mulc●avit : multa deinceps in hac lite coram papa agitanda controversa sunt , in quibus lincolniensis revocato suo privilegio a cantuariensi victus succubuit . this great contest happened in the time of iohn synwell bishop of lincoln , as d godwin ( who relates it too ) informs us ; adding , that the pope also granted at the same time unto the university , that the chancellour should be onely elected by the schollers themselves , and so presently authorized to govern them , without the admission of any other . but this i conceive is a cleer mistake ; for matthew parker ( out of whom he relates it ) records , that this exemption of the university of oxford from the bishop of lincoln's jurisdiction , was procured by the intercession of william wittlesey archbishop of canterbury , about the yeer 1375. ( and that from another pope , not clement but vrban , some 25. yeers after this contestation ) which he thus expresseth , antiqu. eccles. brit. p. 283. hujus archiepiscopi intercessione atque gratia oxoniensis academia à jurisdictione lincolniensis episcopi , per urbanum papam quintum exemptaest : & tàm libera potestas cancellarium suum eligendi ●acta scholaribus ut cancellarius sine admissione quacunque simulatque electus sit magistratum inire atque gerere possit . an undeniable evidence , that till this papall exemption procured , the university and chancellour of oxford were under the bishops of lincol●ns jurisdiction , as their diocesans . after this , thomas hyndeman chancellour of the university of oxford , and nicholas faux his commissary , procuring another exemption from the pope [ boniface the eighth , as some affirm ] of this university and the schollers in it , both from archiepiscopal and episcopal jurisdiction ; the schollers , and doctors of oxford complained of it to archbishop arundel , and the whole convocation at london in the yeer 1396. and there openly renounced it , as non mod● in metropolitani & ordinarii , sed & ipsius vniversitatis praejudicium atque gravamen : whereupon it was damned by the whole convocation ( as you may read at large in antiqu. eccles. brit. p. 304 ) and likewise by king richard the second , in the twentieth , and by henry the fourth , and the lords and commons in parliament in the 13th yeer of his reign : ( of which more anon : ) whereby the bishop of lincoln's jurisdiction over the university of oxford was not onely acknowledged and revived , but likewise submitted to by the whole university of oxford ; and this exemption from it by popes buls onely , declared to be a prejudice and grievance to the university it self , and the bishop too : whose jurisdiction thus revived , was never afterwards impeached or abrogated by any subsequent buls or patents i can meet with , but continued its vigor till the erection of the bishoprick of oxford out of lincoln by act of parliament , and letters patents of king henry the eighth , in the yeer 1541. which abolished the bishop of lincoln's power , and translated this part of his diocesse to the bishop of oxford , as the patents of 33. & 37. h. 8 to the bishop of oxford demonstrate . in fine , richard flemming bishop of lincoln , in the yeer 1430 founded lincoln colledge in oxford , and william smith bishop of lincoln , anno 1513. founded brasenose colledge in oxford ; of both which colledges ( though members of the university ) and of some others , he and his successors continued visitors till this present parliament . by all these evidences , i humbly conceive i have sufficiently fortified my first position , that the university of oxford was subject to the jurisdiction , if not visitation of the bishops of lincoln ( as the university of cambridge was to the bishops of ely , which i can fully evidence , were it pertinent ) and refuted the universities and their delegates false plea , that the right of visiting the vniversity of oxford is onely in the king's majesty , and that it is exempt from all other jurisdiction , by its foundation , prescription , and severall grants of exemption . i shall now proceed to the proof of my second position , touching the archbishops of canterburies right & jurisdiction to visit the university of oxford ( and cambridge too ) as metropolitans , being scituated within their province , by history , records , and our kings avowing of this their right , and disclaiming their own onely or sole right to visit the universities ; wherein i shall make use of non● bu● punctuall authorities . godwin in his catalogue of english bishops p. 74. writes thus of robert kilwardly archbishop of canterbury ; that ( in the yeer 1278. ) he visited all his province , and both the vniversities ; in which he disputed excellently , and shewed himself in divers kinds of exercise . and matthew parker in his ant. eccles. brit. p. 198. records of him , totam cantuar. provinciam visitationis jure peragravit ; in hac visitatione academias ipsas metropolitica avthoritate ingressvs est ; ( and that without any opposition or demurrer to his jurisdiction , for ought appeareth : ) & oxonii in scholis , non modò de theologia , sed de philosophia atque logica argutè disp●tavit . in quibus artibus multas oxoniensium opiniones & sententias tanquam minus probabiles reprehendit atque refellit . his next successor iohn peckam , anno 1288. visited the university of oxford by his metropolitical right , without any resistance or dispute , antiqu. ecclef . brit. p. 204. ipseque perlustrata reliqua provincia oxoniensem academiam iure metropolitico visit atvrvs adlit : in qua visitatione , quasdam philosophicas opiniones , quos errores , & a roberto kylwarby ante reprehens●s docuit , tanquam haereses & à fide christianâ abhorrentes è suggestu latinè refellit . simon islippe archbishop of canterbury anno 1350. received an appeal from the chancellour-elect and proctors of oxford against the bishop of lincoln , who refused to admit and conform william palmorin , whom they had elected and presented to him for their chancellour ; upon whose default , he admitted and approved of his election , confirmed him in his office , and wrote to the schollers of the vniversity to submit unto and obey him , according to the lawes and statutes of the vniversity , as antiq. eccles. brit. p. 258. and godwin in his catalogue of bishops , p. 95. affirm , and * i have formerly manifested more at large : a pregnant evidence of his metropolitical jurisdiction both over the chancellour and university . anno 1390. william courtney archbishop of canterbury ( as antiqu. eccles. brit. p. 302. informe us ) visitationem totius provinciae suscepit : and being strongly opposed by the bishops of exeter and sarisbury , whom he enforced to cry peccavi , and to submit to his visitation at last ; reliquas tunc diocaeses sine molestia visitavit : in lincolniensi solummodo a visitatione quorundam monachorum , gratia & intercessione abbatis albanensis , oxonii cessavit : ( visiting all the rest of the university . ) ita visitatione peracta aliquantulum cessavit . and in the register of archbishop arundel , fol. 46. the doctors , batchelours and schollers of the university of oxford , in their articles exhibited against their chancellour and vice-chancellour , to archbishop arundel and the convocation of the clergy , recite and make this honourable mention of this archbishop courtney's visitation of the university ( where he was joyfully received without the least oppositiō , though forcibly resisted in other places ) quod dictus archiepiscopus ipsam vniversitatem tam in capite qvam in membris , plura gravamina revocando , crimina corrigendo , excessus reformando , diversas personas ab act : scholasticis suspendendo , avthoritate sva metropolitica visitavit . these three archbishops having visited the university of oxford ( and cambridge too ) in their metropolitical visitations without the least contest or opposition ; thomas hyndeman their chancellour , and nicholas faux his commissary , without the universities and schollers consents , procured a bull from the pope , to exempt themselves , together with the university , colledges and schollers in it , from all archiepiscopal and episcopal jurisdiction and visitation : whereupon thomas arundel archbishop of canterbury , intending to visit the university ( as his predecessors had done ) in the yeer of our lord 1396. was opposed by the chancellour and vice-chancellour , who pleaded the self same plea against this archbishops visitation , as the universities delegates and doctors do now against the visitors appointed by ordinance of parliament , and commission under the great seal ; namely , that the visitation of the vniversity of oxford , as a vniversity , belonged onely and solely to the king , and not to the archbishop , or any other : and that the vniversity and schollers in it , were by the popes own bull exempted from the archbishops and bishops jurisdiction and visitation . whereupon the doctors , proctors and schollers of the university complained to archbishop arundel and the convocation against the chancellour and vice-chancellour for procuring this bull , which they renounced , and the convocation then damned ; and the whole matter comming afterwards before king richard the second , he disclaimed any such priviledge and prerogative of sole visiting the university , as they would fasten on him , acknowledged and ratified the archbishops and ordinaries jurisdiction over them , and nulled the popes bull of exemption . this is apparent by archbishop arundels register , fol. 46 , 91 , 92. by archbishop parkers register fol. 269. and these ensuing passages in antiq. eccles. brit. transcribed out of it , pag. 304. anno 1397. januarii 19. cleri synodus londini convenit . in hac synodo scholares oxonienses quaerelam contra thomam hyndeman universitatis cancellarium , & nicholaum faux ejus commissarium proposuerunt ; quod exemptionis jura , quibus ab archiepiscopali & episcopali jurisdictione universitas fiat immunis a papa impetrassent , non modo in metropolitani & ordinarii , sed in ipsivs vniversitatis praeivdicivm atqve gravamen : quod privilegium servitvtis potivs qvam libertatis instar esse docebant . cùm enim anteà si iniquis cancellarii aut procancellarii imperiis opprimerentur , aut injuriis afficerentur , appellationibus & archiepiscopali aequitate subventum eis suit , nunc in unius potestatem redacti , a quo nec permissa esset provocatio , nec superioris jurisdictione possit coerceri , quasi perpetuae servituti subjacerent . itaque ab archiepiscopo petierunt , ut qvoniam svam in eos iurisdictionem agnoscerent , & antecessoris sui willielmi courtney moderationem atque prudentiam cvm academiam oxoniensem tam in capite qvam in membris visit aret , experti essent , vt ea a cancellario ejusque commissario procurata privilegia rescindret ; qvibvs ipsi , interposito ad id michaele sergeaux juris utriusque doctore legitimo procuratore , expresse atqve publice in synodo renvnciarvnt . eam renvnciationem archiepiscopus ratam habvit , et exemptionis oxoniensis privilegia irritaet in ania ivdicavit . tum cancellarius quasi furore actus petulanter ac immodestè se abdicavit magistratu , synodoque sine venia discessit ; sed archiepiscopus eum edicto revocavir , ejusque proterviam atque audaciam repressit . in eadem synodo doctores oxonienses quosdam joannis wicly●●i opiniones exposuerunt , quas synodus condemnavit . and pag. 309. anno 1413. legatis autem ad concilium generale pisis emissis , archepiscopvs in ea synodo jura quaedam quibvs tam cantabrigiensis qvam oxoniensis academiae tenerentvr , condidit ; quoe in publicis constitutionibus continentur ; nam & richardus rex , thomae arundel cantuariensi archiepiscopo , antequàm in exilium iret vtrasqve academias , etsi exemptionem clam a papa obtinvissent , svbiecit , et obtenta privilegia non minus archiepiscopali qvam regiae avthoritati praeivdicialia , ideoqve rescindenda , decrevit . this will yet more evidently and undeniably appear by the patent of king richard the second himself , recorded in the patent-rols , de anno vicessimo richardi secundi , parte 3. memb. 9. and entred in the registers of archbishop warham , fol. 111. and archbishop parker , fol. 269 , which for fuller satisfaction , i shall at large transcribe . rex omnibus ad quos , &c. falutem . sciatis quod cum quaedam dissentiones , lites & debatae nuper motae fuerunt & subortae inter venerabilem patrem thomam archiepiscopum cantuariensem ex parte una , & cancellarium universitatis oxoniensis , & quosdam alios ( not the whole body or major part ) ejusdem universitatis ex altera , super ●su & exercitio jurisdictionis & visitationis dictae universitatis , clamante videlicet prae●ato archiepiscopo & vendicante jurisdictionem et visitationem hujusmodi ad ipsum et successores suos , ac ecclesiam suam pertinere , ac pertinere debere , praedecessoresque suos hujusmodi jurisdictionem et visitationem in universitate praedicta habuisse et exercuisse . allegantibusque praefato cancellario & aliis praedictis ( the very plea in terminis alledged by the vniversity and their delegates now ) visitationem dictae universitatis ut universitatis , ad nos solum et in solidum pertinere , et pertinere debere ( the very first time that any such pretence or priviledge was insisted on without any authority or presidēt to back it ; ) nos volentes hujusmodi dissentiones , lites & debatas , prout regiae convenit majestati ( attentis damnis & periculis quae inde verosimiliter evenire possint ) sedare & pacificare , ac pacem , quietem & tranquilitatem inter partes praedictas pro viribus con●overe ; ac considerantes , quod visitatio hujusmodi ad praefatum archiepiscopum et successores suos , ac ecclesiam suam praedictam de jure communi pertinet , ac pertinere debet ; quodque nos aut progenitores nostri cancellarium ac universitatem praedictam retroactis temporibus minime visitare consuevimus , ( a cleer evidence and fatall judgment against this pretended priviledge and feigned plea , which this king himself in terminis disclaimed , when first invented and alledged : ) volumus & ex certa scientia declaramus , quod visitatio cancellarii & procuratorum dictae universitatis qui pro tempore fuerint , necnon omnium doctorum , magistrorum regentium et non regentium , ac scolarium ejvsdem vniversitatis , qvorvmcvnqve eorum servientium , aliarum personarum qvarvmcvnqve cujuscunque status vel conditionis extiterint , libertatibus ant privilegiis dictae universitatis utentium● se● illis gaudere volentium ; necnon vniversitatis praedictae etiam ut vniversitatis , ad praefatvm archiepiscopvm , svccessores svos , ac ecclesiam svam pertinet , et pertinere debet , ac perpetvis fvtvris temporibvs pertinebit . salvis nobis & haeredibus nostris omnibus aliis quibus in vniversitate praedicta nos & progenitores nostri uti consuevimus temporibus retroactis . in cujus , &c. teste rege apud westm. primo die iunii : per ipsum regem . an ancient royal declaration and judgment in the present controversie , so full and diametrally opposite against the vniversities and delegates present plea and pretences , that nothing can be replyed thereunto . this declaration and resolution of king richard the 2d , was afterward more fully recited , approved and ratified by king henry the fourth , and the lords and commons in parliament , as i shall presently manifest in its proper place . not long after this declaration and patent , this archbishop thomas arundel , in the yeer of our lord 1407. visited the vniversity of cambridge , and the colledges therein , thus summarily expressed by matthew parker in his antiq. eccles. brit. p. 308 , 309. post haec archiepiscopus cantabrigiensem academiam jvre metropolitico visitavit , multaque collegiorum statuta ordinavit , pravas consuetudines delevit , facinora scholarium castigavit , & cum visitationem remisit , omnia quae sibi in visitatione detecta fuerunt , causasque de quibus cognoscere ac inquirere caepit , suae jurisdictioni reservavit . the relaxation of this metropolitical visitation was not till octob. 15. 1404. so as it depended three whole yeers or more , as is apparent by the register of arundel , 1. pars , f. 388 wherein the whole forme of his visitation of cambridge vniversity and colledges , being at large recorded , fol. 491 , 492 , 493. it will neither be impertinent nor unprofitable to give you this account thereof , in the words of the register , fol. 492 , &c. which may serve for a pattern of direction now . item decimo septimo die mensis septembris anno domini 1401. idem reverendissimus pater archiepiscopus supradictus , visitavit cancellarium & vniversitatem cantabrigiae in domo congregationis ejusdem vniversitatis , comparentibus tunc ibidem coram eo cancellario , a● omnibus & singulis doctoribus & magistris regentibus & aliis personis quibuscunque dictae vniversitatis qui hujusmodi visitationi interesse tenebantur , & deberent de consuetudine vel de jure : & facta deinde collatione , ac proposito verbo dei , & causis suae visitationis hujusmodi seriosè expositis ; cancellarius vniversitatis praedictae certificatorium de & super executione mandati . sibi pro ipsa visitatione alias directi , coram eodem reverendissimo patre tunc ibidem exhibuit , sub eo qui sequitur verborum tenore . reverendissimo in christo patri ac domino , domino thomae dei gratia cantuariensis archiepiscopo , totius angliae primati & apostolici sedis legato , ejusve commissariis quibuscunque , suus humilis & devotus filius cancellarius vniversitatis cantabrigiae , eliensis diocaesis , tàm debitam quàm devotam , obedientiam cum omni reverentia & honore debitis tanto patri mandatum vestrum reverendum nuper recepi , tenorem continens subsequentem . thomas permissione , &c. dilecto filio cancellario vniversitatis cantabrigiae , eliensis diocaesis , nostrae provinciae cantuariensis , salutem , &c. quia nos in progressu visitationis nostrae metropoliticae in dicta diocaesi exercenda , vos & dictam vniversitatem adjuvante domino proponimus visitare ; vos tenore praesentium peremptorie citamus & per vos omnes & singulos doctores & magistros regentes , & alias personas quascunque praedictae vniversitatis qui nostri visitationi hujusmodi interesse tenentur de consuetudine vel de jure , citari volumus & mandamus , quod compareatis & compareant coram nobis in domo congregationis vniversitatis praedictae decimoseptimo die mensis septembris proxime futuri , cum continuatione & prorogatione dierum tunc sequentium , visitationem nostram hujusmodi juxta juris exigentiam subituri , facturique ulterius & recepturi quod canonicis conveni● institutis : & quid f●ceritis in praemissis nobis dictis die & loco debitè certificetis per literas vestras patentes , hunc tenorem , una cum nominibus & cognominibus omnium & singulorum per vos in hac parte citatorum in schedula eisdem literis vest is annectenda descriptis habent●s , sigillo vestro consignata : datum in manerio nostro de lambeth 18. die mensis augusti , anno domini millesimo quadringentesimo primo , & nostrae translationis anno quinto . cujus auctoritate mandati omnes & singulos doctores & magistros regentes & alias personas quascunque praedictae vniversitatis tempore receptionis dicti mandati vestri , & nunc in dicta vniversitate existentes , qui dictae visitationi vestrae hujusmodi interesse tenentur de consuetudine vel de jure personaliter inventos , peremptoriè citavi , quod compareant coram vobis aut vesti is commissariis dictis die & loco cum continuatione & prorogatione praedictis visitationem vestram hujusmodi juxta juris exigentiam subituri , facturique ulterius & recepturi quod in ea parte canonicis convenit institutis . quantum verò ad personam meam , dictis die & loco cum continuatione & prorogatione consimili coram vobis seu vestris commissariis annuente domino personaliter comparebo facturus humiliter & recepturus quod dictum mandatum vestrum exigit & requirit . nomina vero & cognomina omnium & singulorum doctorum & magistrorum regentium , & aliarum personarum dictae vniversitatis quarumcunque per me citatorum in schedula praesentibus annexa continentur : in cujus reitestimonium sigillum officii mei praesentibus apposui ; dat. cantebrigiae quoad sigillationem praesentium . idib . septembris anno domini supradicto . quo certificatorio tunc ibidem incontinenti perlecto , idem reverendissimus pater archiepiscopus supradictus ab eisdem cancellario , ac doctoribus , magistris regentibus & personis aliis supradictis , & a singularibus personis eorundem obedientiam recepit canonicam . et deinde examinavit dictum cancellarium singulariter ac secret● & sub silentio dictis doctoribus & magistris regentibus & aliis personis supradictis seorsim separatis , super i●●is particulis , videlicet . an statuta & laudabiles consuetu●lines vniversitatis abamnibus observentur ? item , an sint aliqui scholares in dicta vniversitate mandatis & monitionibus dicti cancellarii obtemperare nolentes ? item , an sint aliqui pacem & vnitatem in dicta vniversitate perturbantes ? item , an communes cistae & pecuniae ac claves earundem fideliter conserventur ? item , an magistri , doctores bacchalaurei & scholares debi●è & fideliter perficiant formas suas , & meritis & scientia exigentibus ascendant gradus suos ? item , an sint aliquae personae & suspectae de lollardia vel de haeretica pravitate ? item , si doctores reputant & disputent publicè in scholis , & quotiens & quando ? item , si sit numerus sociorum completus in aulis sive collegiis dictae vniversitatis juxta ordinationem & voluntatem fundatorum ? item , an sint aliqui scholares aliquo notorio crimine irretiti seu infamati , vel non proficientes in studio , aut impedientes alios quo minus proficiant ? item , qualiter regitur eadem● vniversitas , videlicet in victualibus & aliis necessariis ? &c. et examinatus ●uit idem cancellarius super aliis articulis etiam in hujusmodi visitatione de jure requisitis . aliis insuper doctoribus , magistris & personis aliis supradictis secundum quod de jure debuerunt secretè , & singulariter examinatis , & eorum dictis & depositis conscriptis in registro , idem reverendissimus pater singula tunc ibidem successivè exercuit quae in hujusmodi visitatione de jure quomodolibet fuerunt requisita . item , eodem die reverendissimus pater per certos commissarios suos visitavit collegium sanctae trinitatis cantebrigiae , in capella ejusdem collegii , comparentibus coram eisdem commissariis gardiano sive custode , unà cum singulis suis consociis & scholaribus ejusdem collegii ; quibus singulariter & secretè examinatis super statu & regimine ipsius collegii , & aliis articulis in hujusmodi visitatione de jure requisitis , & eorum dictis & depositis conscriptis in registro , ab eisdem & eorum singulis , vice & auctoritate dicti reverendissimi patris , obedientiam receperunt canonicam , & singula exercuerunt ibidem quae de consuetudine vel de jure ulterius quomodolibet fuerint requisita ; & exhibitum suit certificatorum pro visitatione hujusmodi per gardianum sive custodem supradictum continens hunc tenorem . reverendissimo in christo patri ac domino suo domino thomae , &c. ejusve commissariis quibuscunque suus humilis & devotus ●ilius gardianus sive custos collegii sanctae trinit●●is cantebrigiae , eliensis diocaesis , tam debitam quam devotam obedientiam , cum omni roverentia & honore debito tanto patri , mandatum vestrum reverendissimum nuper recepi , tenorem continens subsequentem . thomas &c. dilecto in christo filio gardiano sive custodi collegii sanctae trinitatis cantebrigiae , eliensis diocaesis , nostraeque cantuariensis provinciae salutem , &c. quia nos in progressu visitationis nostrae metropoliticae praedictae diocaesis vos & collegium vestrum in personis & rebus annuente domino , visitare intendimus , tenore praesentium peremptoriè vos citamus , & per vos omnes & singulos consocios & scholares praedicti collegii citare volumus & mandamus , quod compareatis & compareant coram nobis & commissariis nostris in capella sive domo capitulari praedicti collegii decimo septimo die mensis septembris proxime futuri , cum continuatione & prorogatione dierum tunc sequentium , visitationem hujusmodi juxta juris exigentiam subituri , ulteriusque facturi & recepturi quod canonicis convenit institutis , & quid feceritis in praemissis nos aut commissarios hujusmodi dictis die & loco debitè certificetis per literas vestras patentes , hunc tenorem , una cum nominibus & cognominibus omnium & singulorum sociorum & scholarium per vos in hac parte citatorum in schedula eisdem literis annectenda descriptis habentes . dat. in manerio nostro de lambeth 18. die mensis augusti anno domini millesimo quadringentesimo primo , & nostrae translationis anno quinto . cujus auctoritate mandati omnes & singulos consocios & scholares praedicti collegii in eodem collegio tunc praesentes personaliter invētos , peremptoriè citavi , aliis vero tunc absentibus , infra tamen provinciam vestram existentibus , dictum mandatum vestrum & visitationem hujusmodi intimari et notificari , eosque praemuniri feci , quod dictis die et loco cum continuatione et prorogatione praedictis coram vobis seu vestris commissariis compareant , visitationem vestram hujusmodi juxta juris exigentiam recepturi , facturique ulterius & recepturi quicquid dictum mandatum vestrum exigit & requirit ; caeteros autem consocios et scholares dicti collegii ab eodem collegio tunc et nunc absentes , & in diversis remotis partibus etiam extra dictam provinciam agentes , non citavi nec praemunivi prout nec pot●i quovismodo : quantum ad personam meam , praedictis die & loco cum continuatione & prorogatione praedictis , coram vobis s●u commissariis vestris , dante domino , personaliter comparebo , fecturasque humiliter & recepturus quod dictum , &c. in cujus rei testimonium sigill●m commone dicti collegii duxi praesentibus apponendum . datum cantebrigiae in dicto collegio quoad consignationem praesentium 2● id. septembris , anno domini supradicto . visitatio collegii de clara , collegii beatae mariae , procratus alborum canonicorum item , eodem die eisdem modo & forma idem reverendissimus pater visitavit per commissarios suos collegium de clare hall cantebrigiae in capella ejusdem collegii : et collegium annunciacionis beatae mariae cantebrigiae in capella ejusdem collegii ; ac prioratum alborum canonicorum cantebrigiae in ecclesia ejusdem prioratus , recepta obedientia canonica , & singulis aliis exercitis in et circa loca praemissa quae in visitationibus hujusmodi de jure fuerint quomodolibet requisita . item decimo nono die dicti mensis septembris idem reverendissimus pater archiepiscopus supradictus per certos commissarios , quos ad hoc sufficienter deputavit , visitavit domum sive prioratum monialium sanctae radegundis cantebrigiae , priorissam , ac singulas consorores et commoniales suas in dicta domo capitulari ejusdem prioratus , recepta ab eisdem et earum singulis obedientia canonica , et ipsis secretè et singulariter examinatis , earumque dictis et depositis conscriptis in registro ; similiterque aliis exercitis quae in hac parte de jure fuerint requisita , ac sub modo & forma in aliis locis hujusmodi superius observatis seu r●citatis . item , eodem die modo et forma in aliis collegiis superius observ●tis , dominus visitavit per commissarios suos collegium sancti michaelis cantebrigiae in capella ejusdem collegii ; et eodem die per commissarios hujusmodi visitatum suit hospitale sive domus sancti iohannis cantebrigioe in ecclesia ejusdem hospitalis ; & collegium sancti petri in capella ejusdem collegii ; ac collegium de pembroke hall cantebrigioe in capella ejusdem collegii : et eodem die idem reverendissimus pater iter ar●ip●it versus ecclesiam cathedralem eliensem , pro sua visitatione hujusmodi inibi exercenda ; ubi eodem die a venerabili patre domino iohanne , dei gratia eliensi episcopo , ad suum palatium eliense cum se et suis honorificè fuit receptus . this archbishop having thus peaceably without any resistance , visited the university , colledges and schollers of cambridge by his meer metropoliticall right , as being within the diocesse of ely , and part of his province ( though in regard of their foundation and buls of exemption from several popes , they might have pleaded as ful an exemption from archiepiscopal and episcopal jurisdiction and visitation as the university of oxford , which i could demonstrate , if material ) after this , in the yeer of our lord 1411. he determined to visit the university of oxford in the twelft yeer of king henry the fourth his reign ; but comming thither to visit , was repulsed by the chancellour richard courtney , benedic●● brent and iohn b●rch proctors , and some schollers of their faction , which thomas walsingham in his historia angliae , and ●podigma neust●iae too ( anno dom. 1411. thus relates : dominus cantuariensis dum ni●itur visitare vniversitatem oxoniarum , repulsam passus est . whereupon the archbishop complaining to the king of that affront , both parties referred themselves to his royall determination of this controversie ; who after a full h●a●ing of both parties , the seventeenth day of december , in the twel●t yeer of his reign , by deliberate advice of his councel , confirmed the order ●ormerly made by king richard the second , over-ruled the chancellours and proctors pretences , ( now revived and insisted on ) that the vniversity was exempt from all archiepiscopall and epi●copall visitation by the bull of pope boniface the eight ( which he d●clared null & prejudiciall to his crown , and they then renounced the second time ) and that the king was the onely and sole visitor of the vniversity as a vniversity : which he then likewise disclaimed , and adjudged , that the archbishops of canterbury should and ought for ever after to visit the vniversity , chancellour , proctors , and all doctors , schollers and members of the vniversity whatsoever ; and that if the archbishops were hereafter disturbed in their visitations of the vniversity , all its franchises , liberties and priviledges should be seised into the king's hands till their submission thereunto ; and they should likewise pay a thousand pound fine to the king for such their disturbance . which resolution and proceedings before the king in this cause being drawn up in writing and presented to the king , lords and commons in the parliament of 13. henry 4. and there read before them , were they all ratified and confirmed by them , and enacted to be of as great vigor and effect , as if they had been done and made in parliament ; which is evident by the parliament roll it self , an. 13. h. 4. num . 15. and by archbishop parkers register , fol. 269. a true transcript whereof ( for the full conviction and satisfaction of all our present opposers ) i shall here insert memorandum , quod venerabilis in christo pater thomas archiepiscopus cantuariensis in praesenti parliamento nostro exhibuit quandam petitionem , una cum quadam schedula eidem annexa in haec verba . a tressovereigne sr. nostre sr. le roy supplie humblement vostre humble chapellein thomas archevesque de canterbiis , que pleise a vous tressovereign sr. par assent de signeurs esperit aelx & temporells , & les comes in cest present parlement , de graunteir approver , ratifier & confirmer tout cest quest compris en un cedul● , a cest bille annexe , & que meisme ceste cedule puisse se e●tre enrollee & enacte in cest presente parlement selo●e la fourme & effecte de mesme le cedule , & que mesme la cedule & tout ceo quest compris e● icelle soient de taunt de force effecte & authorite , & mesme les force effecte & auctoritee eient & teignent , come ils ussent estre faict●● en ceste parlement & per auctoritee de mesme le parlement . memorandum , quod cum richardus secundus , nuper rex angliae , propter diversas dissentiones , lites et discordias quondam habitas in vniversitate oxoniensi super jure & titulo visitationis dictae vniversitatis , ac de quadam bulla exemptionis praetensa ad excludendum archiepiscopum cantuariensem tunc existentem & successores ●uos , ac quoscunque ali●s ordinarios infra vniversitatem praedictam , ac quoscunque fundatores dictae vniversitatis ac collegiorum ejusdem vniversitatis a visitatione dictae vniversitatis , & ab omni jurisdictione ordinaria , per eosdem archiepiscopum ordinarium & fundator●s & suos successores ac commissarios suos in eadem vniversitate fa●iond . & ex●rcend . per breve su●m venire fecerit in cancellaria sua apud westmonasterium bullam praedictam ; & cancellarius et procuratores dictae universitatis tunc existentes sufficiens warrentum sigillo commune universitatis praedictae ●igil . latum pro se et universitate praedicta habentes , et secum in cancellaria praedicta deferentes , ad exhibendum , publicandum ostendendum et praesentandum coram dicto nuper rege in cancellaria praedicta bullam praedictam ; necnon ad respondendum ibidem , et ulterius faciendum et recipiendum quod per eundem nuper regem & consilium suum ord●natum fuisset & definitum , prout de recordo in eadem cancellaria plenius liquet : ac postmodum iidem cancellarii , et procuratores pro se & to●a vniversitate praedicta submiserunt se de materiis praedictis ordinationi et di●finitioni dicti nuper regis : q●i quidem nuper rex , habita inde matura & pleniori deliberatione cum consilio suo , ac clarè considerans , eullam praedictam fore impetratam in praejudicium ●o●onae suae , ac legum & con●uetudinum regni sui enervationem , & in haereticorum & lollardorum , ac homicidiarum & aliorum male factorum favorem , & audaciam , dictaeque vniversitatis verisimil●m destructionem ; ordinavit , & per breve suum praecepit & inhibuit dicto cancellario , magistris , doctoribus et scholaribus universitatis praedictae , in fide , legeancia & dilectione quibus sibi tenebantur , ac sub poena amissionis privilegiorum vniversitatis praedictae , & sub forisfactura omnium aliorum que sibi forisfacere poterant , ne dictam bullam in aliqua sui part● exiqui , seu exercere , sue beneficium aliquod exemp●ionis per bullam illam aliqualiter repor●are seu reciper● praesume●ent , sed omnibus exemptionibus & privilegiis in ea parte contentis , coram tune dil●cto clerico suo notorio richardo renhalle , quem ad eos ex causa praedicta destinavit , palam & publicè , pro imperpotuò renunciarent , ac super renunciationem hujusmodi quandam certificationem sibi sub sigillo dictae universitatis , ac publica instrumenta fieri , er sibi per eundem clericum suum transmitti facerent , sub poenis supradictis . postmodum allegantur praefato cancellario et aliis sibi adhaerentibus nomine universitatis praedictae visitationen prae●dictam ad dictum richardum nuper regem solum et insolidum pertinere ; consideransque , quod visitatio vniversitatis praedictae ad praefatum archiepiscopum & successores suos , ● ac ad eccles●am su●m cantuarien●em pertinuit et pertinere debuit ; quod que ipse aut progenitores sui cancellarium ac universitatem praedictam retroactis temporibus minime visitare consueverunt . voluit & ex certa scientia sua declaravit , quod visitatio cancellarii ac procuratorum dictae vniversitatis qui pro tempore fuerint , necnon omnium doctorum , magistrorum regentium & non regentium , ac schola●ium ejusdem vniversitatis quorumcunque , eorumque servientum , aliarumque personarum cujuscunque status vel conditionis exstiteriat libertatibus aut privilegiis dictae vniversitatis utentium seu illis gaudere valentium , necnon universitatis praedictae etiam ut universitatis , ad praefa●um archiepiscopum & successores suos , ac ecclesiam suam praedictam pertinuit et pertinere debuit , ac futuris temporibus pertineret . postmodumque praedictus ●uper rex per diversa brevia sua cancellario , procuratoribus , cunctis doctoribus & scholaribus vniversitatis praedictae praeceperat , quod ipsi archiepiscopo praedicto & successoribus suis in visitatione sua praedicta in eadem universitate facienda in omnibus sub poenis praedictis parerent et obedirent ; postmodumque sicut datum fuit intelligi domino nostro regi henrico quarto post conquestuw quod visitante thoma archiepiscopo cantuari●nsi jure suo metropolitico diocaesi lincoln . anno regni dicti henrici regis duodecimo , venit ad praedictam vniversitatem oxonii ad exequendam in forma juris ecclesiastici ibidem visitationem suam , richardus courtnay ad ●unc cancellarius universitatis praedictae , ac benedictus brent & johannes birch ad tunc procuratores dictae vniversitatis , ac quamplures alii eis adherentes , in eadem vniversitate dictum archiepiscopum de visitatione sua praedicta & jurisdictione ejusdem archiepiscopi manuforti injuste impedierunt , et ei absque causa rationabili resistebant : super quo diversae lites dissentiones & discordiae inter ●r fatum thomam archiepiscopum & eosdem cancellarium & procuratores ac alios scholares universitatis praedictae eorumque fautores , de & super jure & impedimento visitationis , & jurisdictionis praedictarum , mot●● fuerint & exortae in vniversitate praedictae , & super hoc praesente thoma comite arundel , & aliis personis honorabilibus secum existentibus in vniversitate praedicta , tam praefatus archiepiscopus pro se & ecclesia sua praedicta quam praefatus richardus courtnay cancellarius vniversitatis praedictae & benedictus brent & johannes birch procuratores ejusdem vniversitatis , pro se et eorum adhaerentibus in m●teriis praedictis ac pro vniversitate praedicta per assensum eorundem adhaerentium se submisserunt & concesserunt stare arbitrio judicio & ordinatione ac decreto illustrissimi principis & domini dicti domini nostri regis henrici de & super jure & impedimento visitationis & jurisdictionis praedictarum per dictos magistrum richardum cancellarium & sibi adhaerentes praestito● ac dissentionibus , litibus & discordiis praedictis , & earum dependentiis , & super hoc dictus dominus noster rex henric●s dictum magistrum richardum courtney cancellarium ac dictos benedictum brent & iohannem birch venire fecit coram eo in propria persona apud lambeth in crastino nativitatis beatae mariae dicto anno regni sui duodecimo , ad faciendum & recipiendum quod per cundem dictum regem de advisamento consilii sui foret consideratum in materiis praedictis ; & praedictus archiepiscopus ibidem coram praefato domino rege comparuit , & tàm praefatus archiepiscopus quam iidem cancellarius & procuratores ad tunc & ibidem coram dicto domino rege submissionem praedictam in omnibus ( ut praedictum est ) fore factum in forma praedicta recognoverunt , & ibidem concesserunt stare arbitrio , judicio & ordinacioni ejusdem domini nostri regis de & super jure & impedimento visitationis & jurisdictionis praedictorum ae aliis mate●iis & omnibus dependentiis earundem : qui quidem dominus rex postea 17. die mensis septembris dicto anno duode●imo apud lambeth praedictū , auditis & intellectis tam allegationibus quam responsionibus partium praedictarum , & etiam habens considerationem ad dictam submissionem factam tempore dicti regis richardi , ac ordinationem judicium & determinationem super eandem submissionem , tangentem visitationem & jurisdictionem praedict. ac clare consid●rans , qvod visitatio vniversitatis pra●dictae etiam us vniversitatis , et omnivm in vniversitate praedicta commorantivm ad dictvm archiepiscopvm et svccessores svos vt de ivre ecclesiae praedictae pertinet et de ivre pertinere deberet , et quod iidem cancellarius et procuratores ac alii ●is in hac parte adhaerens●s ●undem archiepiscopum de visitatione et jurisdictione praedictis inivste & absqve titvlo sev rationabili cavsa manvforti impediervnt , dictum judicium , ordina●ionem & determinationem praedicti richardi nuper regis ratificavit , approbavit , & confirmavit pro imperpetvo duratura ; & ulterius tam authoritate sua regia quàm virtute submissionis praedictae sibi factae ad ●uncibidem arbitratus fuit , ordinavit , consideravit , decrevit & adjudicavit , qvod praedicvs archiepiscopvs et svccessores svi imperpetvvm ha●eant visitati●nem et ivrisdictionem in vniversitate praedictatam cancellarii● commissarii , quàm procurat●rum eivsdem vniversitatis qvi pro tempore fverint ; necnon omnivm doctorvm , magistrorvm re●entivm & non regentium ac scholarium ejusdem universitatis quorumcunque , eorum servientium , aliarumque personarum cujuscunque status v●l conditioni● ex●iterint , et etiam eivsdem vniversitatis vt vniversitatis ; & quod cancellariu● , commissarius , et procuratores universitatis praedic●ae qui pro tempore fuerint , eorum successores , et omnes alii in dicta universitate pro tempore commorantes , futuris temporibus eidem archiepiscopo et successoribus suis in visitatione et jurisdictione● universitatis praedictae etiam ●t universitatie , in omnibus pareant et obedi●nt ; et quod ne● aliqui● aliu● in universitate praedicta● aliquod privilegium se●beneficium examptionis ad ex●ludendum praesatum archiepiscopum seu . success●res suo● de-visitatione et jurisdictione praedictis in universitate praedicta colore alicujus bullae seu alterius tituli cujuscunque erga praedictum archiepiscopum seu successores ●uos clameant , habeant seu vendicent ullo modo in futuro : et quod quotiens cancellarius , commissari●s vel locum tenens ipsorum , vel alicujus ipsorum , vel procuratores di●tae universit●tis , qui pro tempore fuerint , vel eorum successores ; ●ive aliquis eorum impedierint , vel impedierit praefatum archiepiscopum vel successores suos aut ecclesiam suam praedictam , aut ipsorum vel alicujus ipsorum commissarium vel cōmissarios de hujusmodi visitatione seu jurisdictione dictae● universitatis , vel in aliquo contravenerint dictis arbitrio , ordinationi ●ive judicio per praetatum richardam nuper regem factum , sive arbitrio , judicio , decreto , considerationi vel ordinationi ipsius domini nostri regis hen●i●i in ●ac casu 〈…〉 aliquis dictae universitatis in fut●●● impedierit dictum archiepiscopum vel successores suos , aut ecclesiam suam praedictam , aut ipsorum vel alicujus ipsorum commissarios vel commissarium , de visitatione sua aut jurisdictione antedictis , vel in aliquo contravenerit d●cto arbicrio five judicio per praefatum richardum nuper regem in forma praedicta facto , vel arbitrio , judicio , decreto considerationi seu ordinationi ipsius domini nostri regis henrici ; & quod cancellarius , commissarius procuratores universitatis praedictae tunc non fe●erint diligentiam & posse eorum ad adjuvandum dictum archiepilcopum vel successores suos aut ecclesiam praedictam , seu commissarium vel commissario● de visitatione aut jurisdictione antedictis , vel in aliquo cōtravenerint dictis arbit●io ordinationi ●ive judicio per praefatum richardum nuper regem in forma praedicta factis , vel arbitrio , judicio , decre●o , considerationi seu ordinationi ipsius domini nostri regis henr●● ; & quod cancellarius , commissarius & procuratores universitatis praedictae tunc non fecerint diligentiam & posse ●orum ad adjuvandum dictum archiepiscopum & successores suos aut ecclesiam suam praedictam , seu commissarium vel commiss●●os suos in hujusmodi casu , ac etiam ad puniendum hujusmodi impedientes & resistentes ; quod to●iens omnes franches●●e , lib●rta●es , ac omnia privilegia ejusdem universitatis in manu● domini regis vel haeredum suorum seisiantur , in eisdem manibus ipsorum domini regis vel haeredum suorum remansura quo usque praedictus archiepiscopus vel successores sui pacificam visitationem ac jurisdictionem in forma praedicta in dicta universitate habuerit vel habuerint , & etiam totiens cancellarius , commissarius , & procuratores ejusdem universitatis quo pro tempore fuerint & eorum successores , ac universitas praedicta solvant & teneantur , solvere ipso domino nostro regi henrico & haeredibus suis mille libras legalis monetae angliae : quae quidem cedula visa ac cum matura & diligenti deliberatione examinata & intellecta , dictus dominus rex in pleno parliamento asseruit & declaravit , omnia & singula in eadem schedula contenta per ipsum secundum quod in eadem continetur facta , arbitrata , ordinata , considerata , decreta & adjudicata in omnibus esse & ex●itisse : & sic de assensu dominorum spiritualium & temporalium necnon communitatis in eodem parliamento existentium qui super eisdem pleniorem deliberationem similiter habuerunt & eisdem decreto & judicio plenariè consenserunt & agreaverunt , eandem cedulam & omnia & singula in eadem contenta concessit approbavit , ratificavit & confirmavit : quodque eadem schedula in rotulo parliamenti secundum formam & effectum ejusdem irrotularetur & inactaretur , ac etiam quod eadem schedula & omnia in ea contenta sunt tanti et talis valoris effectus et authoritatis , et eosdem valorem effectum et authoritatem habeant et teneant ac si in praesenti parliamento , ac per auctoritatem ejusdem parliamenti facta exti●issent . et puis apres sur diverses matieres moeney par entre le dit erceve●que et lercevesque deverwyke sur certaines privileges pretenses par le dit ercevesque deverwike pour le college appellee queen-hall , en la vniversity oxenford , le dit erchevesque de canterbiis en presence du roy et des signeurs en le dit parlement provist , que se le dit erchevesque deverwyck purroit sufficientment monstrer ascum privilege ●u especialtee de recorde perount le dit er●evesque de canterbiis ne deust user ne exercer s● visitation du dit college , il se vorroit eut abstinier ; sauvant a luj touteffois la visitation de les escoliers demourantez en le dit college solone les juggementx & decrees faictz & donnez par le dit roy richard , & par nostre signeur le roy henry prest come en le recorde eut fuit plus ple nement est declarez . this act is likewise recorded even by robert hare himself , in his collectio libertatum & privilegiorum vniversitatis oxon. lo here a full and punctuall resolution of two successive kings , richard the second and henry the fourth , and of the lords and commons in parliament against the present pretended priviledge and plea of the university of oxford and their delegates , which subverts all the grounds of their feigned exemption from all other visitors but the king , either by foundation , prescription or papall buls and grants . this archbishop arundel not onely visited the university of oxford , but likewise held a provinciall councell therein anno dom. 1408. in which he made a constitution concerning the heads and wardens of the university , thus entituled , gardiani principales & praepositi universitatis oxoniensis , semel in singulis mensibus inquirant de moribus & doctrina suorum scholarium ( and that under pain of deprivation , in case of wilfull neglect ) which constitution is recorded at large by iohannis de aton , constitutiones legit . fol. 154. yea , * phillip repingdon bishop of lincoln sent forth his citations for a visitation to the university of oxford , as their diocaesan , intended to be held by him in st maries church in oxford , dated , apud leicest . 12. feb. anno dom. 1415. ( being the first yeer of henry the fift his reign ) to which the university , as to some particulars readily submitted , as is evident by their answer to him , viz. that they intended to make personal appearance to his summons at the time and place appointed , recepturi quae ad officium inquisitionis haereticae pravitatis duntaxat pertinere noscumtur . sub hac tamen protestatione , quod per illam personalent comparitionem non intendimus in vos consentire svper qvibvscvnqve articvlis . ( haereticae pravitatis duntaxat exceptis ) &c. datum apud oxon. 4● mensis martii anno dom. 1413. a cleer evidence , that by the repeal of the popes buls of exemption in parliament , 13. h. 4. not onely the archbishops of canterbury , but likewise the bishops of lincoln's jurisdiction over , and visitation of the university of oxford as their diocesan , was revived and submitted to , at least in cases of heresie . and in this very yeer 1413. this archb. arundel made certain statutes for the government of the universities of oxford and cambridge , as antiqu. eccles. brit. relates , p. 309. the greatest badge of his jurisdiction over them . anno dom. 1417. henry chirbley archbishop of canterbury upon the frequent and grievous complaints of divers in both vniversities , made a constitution and ordinance in full convocation , to endure for ten yeers , touching the promotion of graduates in the vniversities of oxford and cambridge , enrolled in his register , fol. 13 , & 14. iohn morton archbishop of canterbury , in the yeer of our lord 1490. visited divers diocesses within his province , and among others the diocesse of lincoln , wherein the vniversity of oxford then was , antiq. eccles. brit. p. 342 , 343. in which visitation it is probable he visited the vniversity , as part of that diocesse , though i find no expresse mention of it . anno dom. 1557. reginald poole archbishop of canterbury , visited the vniversities of oxford and cambridge by his delegates , the history where of its recorded at large in master fox his acts and monuments , vol. 3. edit. 1640. p. 762. to 780. and epitomized in antiqu. eccles. brit. p. 422. which visitation some say he kept onely as popes legat , not in his metropolitical right , though i conceive he visited in both those capacities ; altering and reforming the statutes of both vniversities , and making new ones of his own for them to observe , yet extant among their records . an. 19. of queen elizabeths reign , edmund grindall archbishop of canterbury and his commissary , received an appeal from william wylson elected rector of lincoln-colledge in oxford , whom the bishop of lincoln and his delegates ( visitors of that colledge ) refused to admit , and thereupon granted an inhibition to the bishop and his visitors , and summoned them to appear before him to determine this election , as appears by the queens commission to examine this businesse , dated 23. apr. 19. eliz. endorsed on the rolls of that yeer . in the twelft yeer of king charles william laud archbishop of canterbury intending to visit both universities by his metropolitical right , the universities revived this plea against his jurisdictiō , which had rested in peace without any controversie from k. henry the 4th his resolution , anno 1612. till that very yeer 1635. the universities alleaged , that the king onely was and ought to be their sole visitor , and that they were exempt from all . archiepiscopal and episcopal visitation by foundation , prescription , papall buls , royall charters and expresse statutes ; & the vice-chancellour , and heads of the university of cambridge , on the 24. of december 1635. presented this ensuing paper to the archbishop , against his metropoliticall power to visit them ( comprizing in it whatever the university of oxford hath alleaged , or can colorably object against their present visitation ) the originall whereof i have in my custody , endorsed with the archbishop's own hand . a summary brief or extract of the reasons wherefore the university of cambridge is exempt both from archiepiscopal and episcopal jurisdiction and visitation . it being laid for a ground , that the chancellour of the university as ordinarius , hath , and of ancient time had ordinary jurisdiction within the vniversity , as may appear , as well by the letters patents of king richard the second , under the great seal of england , of a grant to the chancellour , to make a significavit into the chancery of his excommunications , as bishops used to do ; whereupon the writ of de excommunicato capiendo was to issue ; as also , by a multitude of presidents , of the exercise of spirituall censures and jurisdictions ; amongst which it doth appear , that in the time of king edward the first , the chancellour of the vniversity did excommunicate the builiffs of cambridge for infringing the priviledges of the vniversity : and in the time of king henry the eighth , iohn edmunds then master of peter-house , and vice-chancellour of the university did excommunicate dr cliffe , chancellour to the bishop of ely , for excommunicating a priviledged man , and the matter comming before cardinal woolsey the popes legate , it was ordered for the university ; and doctor cliffe submitted to the said vice chancellour , and was absolved by him publikely in the vniversity . in the first place , the vniversity of cambridge is studium generale , and communitas clericorum ; and it is f one of the royall prerogatives of the kings of england , that where they are founders of monasteries , colleges , or other religious places , such religious places , so founded are eo ipso exempt from episcopall and archiepiscopall iurisdiction , and are onely to be visited by persons delegated by the king's majesty , by commission under the great seal of england . that the university is of the royall foundation of the king's progenitors or predecessors , it appears not onely by authentick historians , but also by a petition exhibited by the chancellour and schollers of the university , 5. r. 2. to the king in parliament , concerning the townsmen of cambridge burning their charters and other writings and muniments , &c. and the reason of the petition is given , cum dicta vniversitas cantebrigiae sit ex . ordinatione & fundatione illustrium progenitorum vestrorum , propter honorem dei & sanctae ecclesiae . which petition was accepted , and a decree thereupon made in parliament against the townsmen . 2. the popes of rome untill 26. h. 8. did usurp upon the imperial crown of the realm , and did assume to themselves a superiority and supremacy in all matters of ecclesiastical government , and in very g ancient times there were grants , rescripts or buls to free the vniversity from the jurisdiction of the bishop of the diocesse , and of the archbishop . pope iohn the two and twentieth , in the eleveneh yeer of the reign of king edward the second , and at his request , doth confirm to this vniversity ( which he called studium generale ) all manner of priviledges and indulgences before that time granted to it by any of his predecessors , or any kings of this realm . the prior of barnwell also , anno dom. 1430. as delegate to pope martin the fift , by vertue of that power committed to him , confirmeth the jurisdiction and exemption of the vniversity by an authentick instrument under the seal of the said pryor and his covent , called , processus barnwellensis , the original whereof is still in archivis academia . pope eugenius anno dom. 1433. being 12. h. 6. reciting the buls of pope honorius & sergius primus ( the which were n seven hundred yeers before that time ) for the freeing of the vniversity from the jurisdiction of the bishop and archbishop , and reciting the processe of barnwell , doth confirm the same , and supplies all defects , as appeares by the original in parchment in archivis vniversitatis . 3. there is a o constant custome and prescription for the freeing of the vniversity from the jurisdiction of the bishop and archbishop ; and a prescription and custome will prevail in this case , as well upon the canon law , as it will upon the municipal and fundamental lawes of the kingdom : and the rather , because the canon law had his force in this realm by usage and custom : and to prove , that this custome and prescription was ancient in the time of henry the sixt ; it appears by the foresaid instrument under the seal of the prior of barnwell , termed processus barnwellensis , that the masters , doctors and schollers of the university , for the preserving of their immunities and exemptions from the bishop and archbishop ( their charters and buls from the popes being lost or burnt ) did addresse themselves by petition to pope martin the fift , who did make a commission delegate to the prior of barnwell and iohn deeping , and to either of them to enquire , &c. the prior takes upon him the execution of the commission ; the university in the regent house make a proctor under the common seal : there are seven witnesses examined who speak for the time of their memory , some of them for sixty yeers , that ( by all that time ) the chancellour of the vniversity had exercised ecclesiastical jurisdiction within the university , and names richard scroop , and eleven other chancellours of the vniversity , and p that no archbishop or bishop did interpose ; and doth instance doctor fordham bishop of ely , comming to cambridge with an intention to visit the university , when he understood of the priviledge of the vniversity , he did supersede . sithence that processe , being above two hundred yeers ago , . there have been fourteen archbishops of canterbury , and sixteen bishops of ely , and none of them have visited the vniversity of cambridge , notwithstanding they have visited their diocesse and province . 4. not insisting on sundry p ancient charters of former kings ; king edward the second , an. 11. of his reign , writes to pope iohn the two and twentieth for confirming the ancient priviledges which the vniversity then used , with augmentation of new ; the which is in the tower of london , and was under the great seal of england . and 22. maii 36. edw. 3. that king directeth letter patents to the archbishops , bishops and ecclesiasticall persons by way of prohibition , that schollers should not be cited into ecclesiasticall courts out of the vniversity : and 6. hen. 5. when a commission was granted for the enquiring and correcting of hereticks , according to the statute of 2. hen. 5. there is this clause ; nolumus tamen quod aliquis vestrum de aliquo praemissorum quae per privilegia & libertates vniversitatis per cancellarium ejusdem vniversitatis solummodo corrigi & terminari debent , colore praesentis commissionis nostrae in aliquo intromittatis . in the letters patents of king iames of blessed memory , in march 20. of his reign , he first declares his intention to confirm the priviledges and customes used in the vniversity : secondly , he doth in expresse terms confirm the jurisdiction as well spirituall as temporall , the priviledges , quietances and exemptions , not onely by the grants of his progenitors , vel aliarum personarum quarumcunque , but also praetextu aliquarum chartarum , donationum , consuetudinis , praescriptionis , &c. and thirdly , grants that the chancellour , and ( in his absence ) the vice-chancellour shall visit colledges which have no speciall visitor , which charter is also exmero motu & certa scientia . 5. it appears by the statute of 25. h. 8. cap. 19. & 21. that albeit the supremacy in causes ecclesiastical be resumed to the crown from the pope , yet no part of that power which the pope or archbishop of canterbury ( as his legat ) in any wise ever had , is invested in the archbishop ; but it is q especicially provided , that in the case of monasteries , colleges , &c. exempt from episcopall power , and immediately subjected to the pope , the visitation shall not be by the archbishop , but by commissioners to be nominated by the king by his commission under the great seal . it is true , that by the statute of 31. h. 8. in a proviso therein contained , there the bishop and archbishop have a power given unto them over monasteries , colledges , &c. which before were immediately subjected to the pope ; but that enlarging of the power of the archbishop doth extend onely to religious houses dissolved ; it doth not extend to the vniversity : and the statute of 1. phil. & mary cap. 8. repealing the statutes made against the pope's supremacy , and giving power to the archbishop , &c. to visit in places exempt , hath a speciall proviso thereby , not to diminish the priviledges of the vniversities of oxford and cambridge , nor the priviledges granted to the church of westminster , windsore , and the tower . there is no new power given to the archbishop by the statute of 1. elizabethae , and this appears evidently in the proviso therein touching the visitation , for ( if he will visit ) he must be having jurisdiction , and he must visit onely within his jurisdiction , and the power is also given to ordinaries within their jurisdictions . 6. i presidents and examples in the very poynt ; wherein not to insist upon the president of any archbishop before the time of 26. h. 8. in as much as the pope then being reputed the supream head of the church , and the archbishop of canterbury having a legatine power , his acts then are not to be ensampled to the succeeding archbishops , who have not any power in the poynt in question touching visitation , from the pope ; but what hath been done sithence is most materiall , and that time hath taken up above an hundred yeers , which by the canon law is accounted not onely tempus antiquum , but tempus antiquissimum . the first visitation of the university , sithence that time was 27. h. 8. when the lord cromwel was chancellour of this university , and the same was by * commission under the great seal of england ( to the lord cromwel chancellour , and others ) according to the foresaid statute of 25. h. 8. the second visitation was k 3. edw. 6. and as it doth appear by the letter of the duke of somerset the then chancellour of the university , that visitatio regia was , by reason that he was moved by the letters of the university to send visitors : he being then protector was not in commission . in the third and fourth yeer of the reign of phillip and mary ( the pope being restored to his usurped power ) cardinal poole did visit the university ; but it appears in the processe , that it was as legatus , by commission from the pope , cui papa commisit visitationem & reformationem studiorum generalium : which clause , together with the proviso in the said statute 1 , & 2. phil. & mary , proveth , that this visitation was not authoritate metropolitica . and lastly , there was a royall visitation 1. eliz. by m commission under the great seal , to sir william cecill , then the chancellour of the university , and to others : the queens letter before the said visitation , to sir william cecill , is , because the chief order and governance of our vniversity of cambridge appertaineth to you , being the chancellour of the same , &c. wee thought meet to will you in our name to give signification , that we mean very shortly , with your advice , to visit the same by some discreet and meet persons . yet notwithstanding all these reasons , presented by the vniver . of camb. & others of like nature sent from oxf. amplified by councell , upon a full & deliberate hearing of both parties before the king himself & the lords of the privy counsel at hampton court , the king and lords resolved against the universities claims and reasons , and confirmed the ancient declarations and resolutions of king richard the second , and henry the fourth , disclaiming this new revived monopoly , of the king's sole right of visiting the vniversities , they would attribute to him as his royall prerogative , and their grand priviledge and birthright ( which they are bound by oath and duty to maintain ) as this ensuing charter of king charles himself will demonstrate , to their eternall refutation . anno duodecimo caroli , pars sexta novemb 2. commis. visitat . archiepiscopo cant. rex omnibus ad quos , &c. suborta nuper lite & controversia inter reverendissimum in christo patrem archiepiscopum cantuariensem , & vniversitates nostras oxonii & cantebrigiae super jure & titulo visitationis metropoliticae universitatum praedictarum , praefato archiepiscopo jus visitandi praedictas universitates sibi & ecclesiae suae metropoliticae christi cantuariensi vendicante ; praefatisque universitatibus se a visitatione praedicta exemptas esse pretendentibus ; liteque & controversia praedictis , ad nos & judicium & sententiam nostram regiam delatis , nos ad stabiliendam pacem inter partes praedictas & ad tollendam in perpetuum bujusmodi controversiae materiam , reverendissimum in christo patrem praedictum & perquàm fidelem consiliarium nostrum willielmum , providentia divina archiepiscopum cantuariensem totius angliae primatum & metropolitanum , & vniversitatis oxonii cancellarium , necnon perdilectum & perquàm fidelem consanguineum & censiliarium nostrum henricum comitem holland , vniversitatis cantebrigiae cancellarium , aliosque nonnullos a praedictis universitatibus mandata sufficientia habentes , venire fecimus coram nobis & consiliariis nostris in aula nostra apud honorem nostrum de hampton court vicessimo primo die mensis junii , anno regni nostri duodecimo ; ibidemque auditis & intellectis quae per partes praedictas hinc inde dici & allegari potuerunt , habitaque cum praefatis consiliariis nostris deliberatione matura , ad definiendam & dejudicandam litem & controversiam praedictam processimus in modum fequentem . primò & ante omnia per probationes legitimas & per confessionem utriusque partis , nobs constabat , nos jure coronae nostrae regni angliae habuisse & habere potestatem visitandi universitates praedictas quoties & quandocunque nobis & successoribus nostris visum ● fuerit : praefatumque archiepiscopum jure ecclesiae suae metrop●●●ticae christi cantuariensis habuisse , & habere potestatem visitandi totam provinciam suam cantuariensem , in qua universitates praedictae positae sunt . cum verò ex parte universitatum propositum esset , universitates praedictas per quasdam chartas nostras & praedecessorum nostrorum , & bullas papales fuisse exemptas & immunes ab omni visitatione & jurisdictione archiepiscopi praedicti , eandemque immunitatem ligitima temporis usu fuisse praescriptam ; ex parte praefati archiepiscopi coram nobis ostensum & probatum fuit , tres praedecessores suos archiepiscopos cantuarienses actualiter visitasse universitates praedictas jure ecclesiae suae metropoliticae christi cantuariensis , & non per potestatem legitimam ; ortaque olim lite inter archiepiscopum canturiensem & universitatem oxon. super jure visitationis praedictae tempore richardi secundi praedecessoris nostri , regis angliae , eundem praedecessorem nostrum plenè auditis quae per partes utrinque proponi potuerint , pro archiepiscopo & jure visitationis suae judicasse ; eademque controversia itorum emergente inter archiepiscopum cantuariensem & universitatem oxon. tempore henrici quarti praedecessoris nostri regis angliae , eundem praedecessorem nostrum similiter pro archiepiscopo praedicto & jure visitationis suae praedictae pronunciasse et determinasse , easdemque sententias et determinationes per actum parliamenti anno tertiodecimo henrici quarti fuisse ratificatas & confirmatas . quinetiam nobis constabat , praedictas exemptiones & immunitates a visitatione metropolitica archiepiscopi cantuariensis , vel earum aliquam , per aliquam chartam nostram vel praedecessorum nostrorum non fuisse concessas , easdemque per bullas papales concedi non potuisse , nec per cursum temporis citra actuales visitationes archiepiscoporum praedictorum fuisse legitimè praescriptas , nec de jure nostro ecclesiastico potuisse praescribi : praefatus●● archiepiscopus coram nobis protulit schedulam subscriptam manibus magistrorum collegiorum universitatis cantebrigiensts in qua magistri pro se & universitate sua , privilegiis & immuntatibus papalibus universitati praedictae concessis , renunciabant . quibus omnibus per nos consideratis , habitaque deliberatione cum praefatis consiliariis nostris , judicavimus et determinavimus jus visitandi cancellarios , magistros et scholares universitatum praedictarum , successorum suorum , eorvmque servientium , aliarumque personarum pro tempore existentium libertati et privilegiis universitatum prefat. utentivm , necnon universitatum praedictarvm vt vniversitates , spectare et pertinere ad praefatum archiepiscopum & svccessores svos & ecclesiam metropoliticam praedictam , per se , commissarivm sev commissarios svos exercendvm : et quod praefati cancellarii , magistri , scholares , & reliquae personae privilegiis vni . versitatum utentes , eorumque successores , perpetvis fvtvris temporibvs eidem archiepisccpo et svocessoribvs svis , eorvmve commissariis in visitatione et jvrisdictione vniversitatvm praedictarvm in omnibvs pareant et obediant . cum vero coram nobis praeterea proponeretur non satis constare quoties & visitatio praedictarum vnivesitartum exerceri debeat , ad amputandas similes controversias in futuro , ordinavimus , quod licebit praefato archiepiscopo & successoril us suis visitare vniversitates praedictas non tantvm semel in vita , sicut in reliquis partibus provinciae cātuariensis nuper visitat . suit , verii etiam quod licebit iis eorumque singulis post primam visitationem metropoliticam finitam praedictas vniversitates per se vel commissarios svos visitare qvotiescvnqve illvd necessarivm praefatis archiepiscopis visvm fverit ex cavsa rationabili et legitima per nos et svccessores nostro sp rimitvs approbanda . cumque praeterea coram nobis proponeretur , ex parte cancellarii praedicti , futurum valdè incommodum sibi & successoribus suis pro dignitate personarum suarum , si in visitationibus praedictis personaliter debeant comparere ; declaravimus , jure satis consultum esse eorum incommodis in hac parte , cum possint in visitationibus praedictis per procuratores suos comparere . denique per praefatum archiepiscopum a nobis humiliter petitum fuit , hoc nostrum judicium & declaratio potestatis visitandi vniversitates praedictas sibi & successoribus suis jure ecclesiae metropoliticae christi cantuariensis , competent . non possint in futuro extendi ad episcopos et archidiaconos locorvm in quibus vniversitates praedict. positae svnt : et ut praefatae vniversitates per praefatos episcopos & archidiaconos impostervm non possint visitari : et ut hoc nostrum judicium , ordinationem & determinationem sub magno sigillo angliae concedere confirmari dignaremus : cujus petitioni annuentes , declaravimus , qvod vniversitates praedictae per episcopos et archidiaconos praedictos impostervm non visitentvr . et hoc nostrum judicium , ordinationem & declarationem sub magno sigillo angliae communiri , & confirmari jussimus . mandantes praefatis cancellariis magistris & scholaribus vniversitatum praedictarum ut visitationi praefati archiepiscopi et svccessorvm svorvm se svbmittant , et vt nvllam exemptionem sev immvnitatem adversvs visitationem praedictam sibi vendicare praesvmant . in cujus rei , &c. t. r. apud westm. tricessimo die januarii , anno regni caroli regis angl. &c. duodecimo . per breve de privato sigillo . by all these recited histories and records it is unquestionably apparent , both in point of fact and right too , that the archbishops of canterbury have from time to time visited the universities both of oxford and cambridge , the severall colledges and hals in them , by their meer metropolitical right . that this right of theirs , and jurisdiction over the universities , was never opposed , nor this plea or priviledge of the king's sole right , ever pretended or insisted on till 20. r. 2. and that only by a factious party in the university of ozford . that this king himself , on whom that prerogative was first fixed , did by an expresse charter and decree absolutely disclaim , and adjudge it for the archbishops , against the university of oxford , upon a solemn reference of the whole businesse to him . that when the vniversity of oxford renewed it again , king henry the fourth , to whose determination the vniversity and archbishop submitted the descision thereof , adjudged it for the archbishops against the vniversity , and disclaimed this pretended prerogative of his sole visiting she vniversities : which determination of his was ratified by the lords and commons in parliament , as a binding decree against the vniversity , and their successors : that the archbishops of canterbury enjoyed the privilege of visiting the vniversities without dispute , till 12. caroli , who upon full hearing of both vniversities and the archbishop , before himself and his councell , by his letters patents under the great seal , confirmed the descisions of richard the second , and henry the fourth , and the archbishops metropolitical right of visiting the vniversities , notwithstanding all pleas , buls and charters alledged for their exemprion ; and likewise disavowed his own pretended right of sole visiting the vniversities as vniversities ; that the popes buls now insisted on for exempting the vniversities from episcopal and archiepiscopal jurisdiction and visitation , have been renounced by the vniversities themselves , and declared null and void by these three kings , and the parliament of 13. h. 4. and no bar at all to the archbishops right then , much lesse to the parliaments now : that no kings of england ever visited the vniversities till king henry the eighth , and that neither his visitation of the vniversity by his commissioners ( if reall ) nor k. edward the sixt by his , nor the statutes of 26. h. 8. c. 1. 25 h. 8. c. 19 , 31. nor 1 & 2 phil. & mary c. 8. nor 1 eliz. c. 1. did deprive the archbishops of canterbury of this jurisdiction , nor yet the bishop of the diocesse , whose jurisdiction continued till the twelft yeer of king charles , as this clause in his letters patens , declaramus quod vniversitates praedictae per episcopos & archidiaconos in postervm non visitentvr , intimates : which fully makes good my second , and fift position too , in every particuler branch . i shall be briefe in proof of my third . that cardinal poole archbishop of canterbury , in the third and fourth yeer of queen maries reigne , as popes legat , visited both vniversities , is thus related by matthew parker his immediate successor , antiqu. eccles. brit. p. 422. reginaldus polus in legatione administranda , quia ●um in vivis vix aliqui evangelici quas flammis extingueret noti essent , in mortuos saevire decrevit . ac primum cantuariensem diocaesim visitavit ; deinde cantebrigiensem et oxoniensem academias , johanni christophersono cicestrensi , & cutberto scoto cestrensi episcopis , necnon colo , & maximè ormaneto ( quem omnit us rebus praefecit ) lvstrandas , & ad pontificiam ●mussim atque normam reducendas commisit . hi c●●m in collegi●s omnia perturbassent , novisque duris legibus multorum juvenum praeclar●s indoles a studiis prorsus alienassent , ne quid crudelitatis omitterent , mort●orum sepulchra violarunt , &c. the whole form and proceedings of their visitation of the vniversity and colledges of cambridge , is at large recorded by master fox in his acts and monuments , edit. 1640. vol. 3. p. 762 , to 780. where those who please may read them at their leisure ; both the vniversities submitting to his visitors visitation of them , not onely as archbishop , but popes legat too : cui papa commisii visitationem & reformationem studiorum generalium ; as he expressed in his processe : this cardinal altered the old , and made new statutes for the vniversities , rejecting those made by king edward the sixt his authority , which statutes of his are yet remaining among the records of both vniversities . that the chancellours of both universities have anciently , and at this day claimed a power of jurisdiction and visitation too ( in some cases ) over them , is confessed and argued by the university of cambridge , in the summary brief of their reasons , forecited , p. 29 , 32. they alledging this as one principall reason , why they should be exempt from all episcopall and archiepiscopall jurisdiction and visitation too , in some cases : and the university of oxford , ( as is apparent by the words of the commission of queen elizabeth , 23. aprilis , 19 eliz. ) made the se●● same plea and suggestion against archbishop grinda●s jurisdiction in receiving an appeal from william wilson ( rector elect of lincoln-colledge in oxford ) against the bishop of lincoln and his visitors , who refused to admit him rector of chat colledge , that the chancell●ur of the vniversity of oxford , time out of mind , had been in quiet possession of this priviledge among others : quod doctores , magistri & scholares omnes & singuli dictae & academiae , ab omni jurisdictione , dominio vel potestate quorumcunque archiepiscoporum , etiam legatorum natorum , necnon episcoporum , aliorum ordinariorum , & judicum quorumcunque quoad omnes contractiones , vel quasi initos infra praedictam vniversitatem , & quoad omnia crimina , vel quasi & pvnitionem corundem ( exceptis prae-exceptis , mahemia , & felonia , & assisis , & placitis de libero tenemento ) & quoad omnes actvs scholasticos , quamdi● degerint in e●dem vniversitate , sunt exempti & totalitèr liberati , & praedicto cancellario subjecti . et quod cancellarius praedictae vniversitatis omnem et omnimodam jurisdictionem ecclesiasticam et spiritualem in pradictos scholares et alias personas exercere libere et licite possit et valeat . the reality of which pretended exemption , priviledges and infringment of them by wilson's appeal , the queen referred to the examination and determination of the bishops of london and rochester , christopher wray chief baron of the exchequer , sir william cordell master of the rols , thomas wilson doctor of law , one of the masters of request● , iohn gibbons , doctor of law , and one of the masters of the chancery , and iohn griffeth doctor of law , or any seven , six , five , four , three or two of them ; but what they did or determined therein is uncertain . if then the popes legats and the chancellours of both universities , have exercised , and time out of minde enjoyed such jurisdiction over the universities of oxford and cambridge ; their pretence , of being subject onely to the king's visitation and jurisdiction , must necessarily be disclaimed , being directly contrary to their own expresse claims , in relation to their chancellours . my fourth position , that the particular colledges , hals and members of the vniversity have their particular visitors appointed by their founders and private statutes , to whose visitation and jurisdiction they are subject , not to the king's alone ; is such a known truth , that i need not prove it , having given some touches upon it * already in lincoln-colledge and brasennose . the rather , because the author of the priviledges of the university of oxford , p. 6. makes this argument against the visitors present jurisdiction , we have yet a more strict and particular obligation , being sworn by our respective statutes , to allow and submit to no visitation but from those who are nominated by our founders . and the common and statute law of england allows the founders of any colledge , abbey , hospital , free-school or free-chappel , without cure of souls , to visit or nominate those who shall visit the same , as is evident by 8 ass. 29. 8. e. 369. 13 ass. 2. 11 h 4 12. 84. 27 e. 3 84. 6 h. 714. fitz. nat. bre. 42. a. b. 50. 〈…〉 . brook praemunire 1. 5. h. 5. c. 1. 25 h. 8 c. 21. 43 eliz. c. 4. now of all the colledges or hals in the university of oxford , as doctor fell ( the pretended vice chancellour alledged before the committee of lords and commons for regulating the university ) there is none but christ . church onely , of which the king is immediate visitor , ( and that originally founded by cardinal woolsey , not the kings progenitors ) and no more but it and * orial colledge , and st. mary-hall ( founded by k. edward the 2d ) and iesus-colledge ( founded by qu. elizabeth ) whereof the king and his progenitors have been founders ; which three later have their particular visitors appointed by their founders statutes : and no colledge in the university of cambridge but kings-colledge , trinity-colledge any christs-colledge , whereof the king's ancestors are immediate founders ; how then the king can truly and really be stiled , the sole founder or visitor of both or either our universities ( there being but three colledges in oxford , and three in cambridge of his foundation , and but one of his visitation ) i desire the university at leisure to resolve , since this their plea , we have yet a more strict & particular obligation , being sworn by our respective statutes , to allow and submit to no visitation but from those who are appointed by our founders , quite subverts their grand pretended priviledge , and strongest plea in bar ( which the author of the priviledges of the vniversity of oxford undertakes to make good ) that the right of visiting the vniversity of oxford , is onely in the king's majesty , and that it is exempt from all other jurisdiction , by its foundation , prescription and grants of exemption ; when as i have proved it to be anciently and legally subject both to the jurisdiction and visitation of the bishops of lincoln , of the archbishops of canterbury , the popes legats , the chancellour ; and the colledges and hals as members of it , to sundry particular visitors , appointed by their respective statutes and founders ; the two last whereof themselves acknowledge and urge too . which fully refutes the king's pretended royall monopoly of sole visiting the university , which himself and his progenitors have severall times disclaimed and resolved against in expresse terms , as i have manifested . my fift position is * already substantially proved in every syllable , in the evidence for probat of the second ; which i shall not repeat , but only conclude , the author of the vniversities priviledges was very ill advised to plead popes exploded , illegal , antichristiā buls in bar against the jurisdiction of both houses , and the visitors deputed by them , in these anti-papal times of reformation , which might justly induce them to suspect , that the heads and members of the university have a higher and more reverent esteem of the popes usurped , abandoned authority , and illegal buls , then of both houses rightfull power and ordinances , which they would have these voyd papall buls ( no better then the white bull in osny tower ) controll , though the very letter of them extends onely to exempt themselves from archiepiscopal and episcopal , not parliamentary jurisdiction and visitation , no more then regall . these five positions being all confirmed , and the universities pretended grand priviledge and false plea thereby sufficiently refuted , i shall next examine and refeil the false grounds and impertinent evidences produced by their advocate to make them good , and so leave them without excuse . the first ground in maintainance of this exemption is , that the vniversity of oxford wholly refers to the king , as its originall & founder ; that almest 800. yeers since , king alured not onely founded publick schools of arts & lectures , but their priviledges & immunities , having gotten them confirmed by the then pope ; that the vniversity ever submitted and she●●●red themselves under the title of the kings foundation & yet do . for which some instruments of the university to k. richard the 2d , and others , wherein they recite they are vestrae fundationis & patronqtus , are cited in the margin : now all societies whereof the king or his predecessors were founders , are onely visitable by the king , by the common law of this realm 6 h. 7 f. 14. 2 h. 5 ( i suppose he intends the statute of 2 h. 5 c 1. since there is nothing in the yeer book to that purpose . ) to this i answer , first , that the originall founder of the university of oxford is not certainly known : secondly , that king alured was not the first founder of this vniversity , or of schools and lectures in it , ( which had been time out of mind before , as master cambden in his britiania , p. 378. proves out of ass●r ) but onely the restorer and repairer of them , recalling the long banished muses unto their own sacred cels , it being a vniversity above three hundred yeers before at lest ; its orders and ordinances for lectures , &c. being made and established by gildas , melkin , ninnius , kentigerne , and other godly and learned men , which saint german wondrous well allowed of ● which the old schoolmen of the vniversity proved by the undoubted testimony of old chronicles before king alured , in their contest with grimbald their divinity professor there : and it is one thing to be a founder , another a repairer or enlarger ; else every founder of a new colledge or school in the vniversity , or repairer of an old one , should be the founder of the university and colledge it self . thirdly , that this king conferred any priviledges or immunities on this vniversity , & got them confirmed by the pope ; i find no satisfactory evidence : but admit he did , this makes him no more a founder of the vniversity , then edward the 3d , richard the 2d , king henry the 8th , queen elizabeth , king iames , or king charles , who confirmed and allowed the vniversities ancient priviledges . fourthly , there are only three colledges and one hall in oxford now remaining of the king's and his predecessors foundation , and one of them christ-church , was really founded by cardinal wool●ey as a colledge , and by the * king onely as a deanary and cathedral ; all other colledges and hals , with the publike schools and library had other founders ; therfore the king and his progenitors cannot be properly stiled , the sole founder of the whole vniversity , and so the onely visitors by the common law . fiftly , the parliament it self ( to speak properly ) is the true reall founder and establisher of both vniversities , they being incorporated and made capable to sue , purchase and enjoy all their priviledges and lands without controversie , onely by an act of parliament in the 13. yeer of queen elizabeth , rot. 36. the title whereof is onely mentioned in the printed acts ; therefore the parliament being the true founders of it , have best right to visit it by the common law , by us their commissioners , as this objection proves . sixtly , this plea , that the vniversity is of the king's foundation only , ( as the objector grants ) is but the vniversities own device , who anciently did , and yet do shelter themselves under the title of it , against their lawfull visitors , and are very ill advised to fly to this false shelter now , since three kings and one parliament have severall times driven them from it , as the premises evidence . seventhly , admit the antecedent true , that the king and his predecessors were sole founders of the vniversity , yet the sequell is unfound : ergo they only are the visitors of it , and none others , seeing i have proved , that others have of right visited and had jurisdiction in and over it as a vniversity from time to time , besides our kings , and that of right , by our kings and parliaments resolutions , notwithstanding this pretext of being sole founders . eightly , the king and his progenitors by their charters are as much founders of every corporation , every company of merchants and other tradesmen in london and other cities , as of the vniversities ; will it therefore follow , ergo , none must visit or regulate them but the king , and the houses of parliament , the committees for trades , complaints , grievances , clothiers , weavers , &c. may not regulate nor reform them , much lesse the lord major and court of aldermen , as they have usually done . ninthly , the book of 6 h. 7 14. is no resolution , but a private opinion ; it only speaks of the kings free chappels without cure , which he or his chancellours shall visit , not the bishop , but by commission ; not of vniversities or colledges , the thing in question ; nor yet of monasteries , churches and chappels with cure of souls , which the archbishop and bishop of the diocesse shall visit , though built , founded and endowed by the king himself , as this very law-book [ 6 h. 7 14. ] grants ; whence most ancient abbies founded by our kings , were exempted from archiepiscopal and episcopal visitation and jurisdiction by special charters confirmed in * parliament , and popes buls , the king's meer foundation and charters alone being no legall exemption from their power by the common or canon law . as for the statute of 2 h. 5 c. 1. it speaks only of hospitals of the king's foundation , that the ordinaries shall visit them by his commission , not of colledges or vniversities ; without the words and intention of the act . tenthly , this and other law-books onely say , that the bishop shall not visit hospitals and free-chappels of the king's foundation ; but no book avers , the houses of parliament may not visit them nor their delegates : and to argue , the bishop of the diocesse may not visit the king's free-chappels or hospitals ; ergo , the parliament may not do it ; is no better logick then ; the ordinary cannot visit nor reform the greatest officers of state , the cours of justice at westminster , the kings own court ; nor any civil abuses , and publike grievances : ergo , the houses of parliament cannot do it . yea , all our books agree , that the bishop by commission , under the great seal , may lawfully visit the kings freechappels & foundations , and the stat . of 2. h. ● . c. 1. enacts as much : but we have such a commission to visit the university , therefore we may lawfully do it . these answers , i suppose , have sufficiently shaken the sandy foundation of the universities exemption , the kings foundation of it , whereon they most rely . yea , but the objector learnedly replys , p. 3. here you may please to consider , that the foundation of the vniversity being the kings personal act , his interest lies not within the reach of that beaten evasion , of a publike and politique capacity . i answer , i understand not wel what he means by the kings personal act : unless the act of the king in his natural capacity , as a man , not in his politick , as a king . if so , then it follows : 1. that the king and his progenitors , as kings in their publike and politick capacities , were not founders of the university , but only in their natural , as private men ; which subverts his own assertion and foundation . 2. that this priviledg of a founder is not annexed to the kings publike and politick , but natural and personal capacity , and so not descendible nor hereditary ; since personal actions , acts and priviledges , by the rules of the law , * die with the person . if he mean by the kings personal act ; that the king in person , laid the very first foundation stone of the university with his own hands ; or writ and sealed the patent or charter that first founded it , himself , and not by any substitutes or officers : this wil b● hard for him to prove ; and the sequel wil be ; that the king only in his own royal person , must visit the vniversity now ; but net by any commissioners or delegates ; and so all his other foundations , contrary to all former presidents , statutes and law-books , that he may visit them by commissioners , which the un●versities answer acknowledgeth , and himself to● the next * ground of exemption urged , is pre-scription and bulls of popes ; both which being abandantly refuted in the premised positions , and no plea at all against both houses of parliament , or any power derived from them , ( not mentioned , nor included in , nor yet confinable by these bulls ) though they might hold good against any ordinary or inferior jurisdiction , if true , i shall here therefore pretermi● without further answer . the 3d , ground of exemption alleaged , it * grants of exemption by popes , allowed and confirmed by charters from several kings , both by themselves and in parliaments ; to prove which , there are quoted in the margin some popes buls , out of h●re , the old book of oxford statutes , and the senior proctors book , with this addition , 25. h. 8. c. 21. all power of visitation is given only to such , as shall have immediate authority by the kings commission , under the great seal of england , in places formerly exempted ; as colledges &c. all letters , patents heretofore made by the kings progenitors , in behalf of the vniversities , are confirm'd by act of parliament . 13. eliz. & 19. eliz. part . 13. in dorso ; the priviledges of the vniversity are confirm'd in the very words of boniface , 8. acknowledged they had them by prescription ; the immediate subjection of the vniversity to the authority and iurisdiction of the prince , and all their other exemptions ratified ; and those acknowledged to be sworn to , in the oath taken by every graduate . these are all the evidences of moment produced to make good this ground . i answer . 1. that all these popes bulls of exemption now insist●●●on , were so farr from being allowed and confirmed by charters from several kings , both by themselves and in parliaments ; that king richard the 2. and king henry the 4. by both their charters , and in parliament , upon solemn debate , disallowed , ●ulled and declared them meerly void , and the university it self , absolutely renounced them as nullities and prejudicial , in both their raigns : king charles himself by his charter , ratifying and approving their resolutions herein , as i have proved . therefore this allegation is a most palpable falshood , there being no one charter , nor act of parliament that ever allowed or confirmed them before or since these kings declarations of their nullity . and admit these bulls so confirmed , yet they ex end only to exempt the university from archiepiscopal , or ordinaries visitations and jurisdictions , not from the kings or parliaments , not mentioned nor intended in them . i shall close up this with matthew parkers authority , the first arch bishop of canterbury , in queen elizabeths raign . de antiqu. eccles. brit. p. 35 , ( before the arch-bishops lives ) where thus he writes of the jurisdiction of the arch bishop of canterbury , even in this queens raign , & of these popes buls nullity . episcopatus et diocaeses suae provinciae quandocunque , et quocunque ordine sibi videbitur expedire , visitat &c. tamque latè patent hujus archiepiscopatus privilegia , ut in loca firmissimi● septa ac munita privilegijs se insinuent . multa onim loca quae a metropolitica et ordinaria iurisdictione se eximi procurassent , ab hujus tamen authoritate immunia ac tuta esse non poterant . inter quae illae celebres cantabrigiensis et oxoniensis in anglia academiae , quanquam peculiaria jura , et exemptionis privilegia sibi quondam á papa concedi procurassent , illis tamen authoritate posteá regia irriti● ac rescissis , in cantvariensis archiepiscopi avthoritatem sese reddidervnt , et tam visitationes svas svbire cogvntvr , quàm ad synodalia sua concilia per cancellarios acceduxt : in cantabrigiae collegio s. petri , cujus eleensts episcopus est patronus , sede vacante , tàm praefectum quàm socios admittit , et uni scholarium cui gratificare voluerit , vacantsem societatem confert . oxonii , collegiorum omnium animarum , et mertoniensis est patronus , ac in utrisque ordinariam et omnimodam jvrisdictionem exercet . so that he reputed this jurisdiction of visiting the vniversities , a right belonging to the arch-bishops of canterbury , notwithstanding any pretended exemptions , charters or statutes to the contrary , then in being ; or the bulls of pope boniface the 8 , which ioannes cajus : de antiquecantabrig . academiae , p. 71. confesseth to be abolished , by the le●ters patents of k. richard the 2. made to arch-bishop arundel , in the 20. year of his raign , and after confirmed by king henry the fourth , and an act of parliament , in the 13 year of his raign ; as the premises at large demonstrate . 2. i answer , that the objected clause of the act of parliament 25. h. 8. c. 21. extends not at all to the vniversity of oxford , or any colledges in it , as is most evident by the express words of the proviso , which i shal here transcribe . provided always , that the said arch-bishop of canterbury , or any other person or persons , shal have no power or authority , by reason of this act , to visit or vex any monasteries , abbies , priories , colledges , hospitall , houses , or other places religious . which be or were exempt , before the making of this act , any thing in this act to the contrary thereof notwithstanding . but that redress , visitation and confirmation shall be had by the kings highness , his heires and successors , by commission under the great seal , to be directed to such persons as shal be requisite for the same , in such monaster●●s colledges , hospitals , priories , houses and places religious , exempt . so that no visitation nor confirmation shal from henceforth be had or made in , or at any such monasteries , colledges , hospitals , priories , houses and places religious exempt , by the said bishop of rome ; nor by any of his authority , nor by any out of the kings dominions ; nor that any person religious , or other resiant in any the kings dominions , shal from henceforth depart out of the kings dominions , to or for any visitation , congregation , or assembly for religion . but that all such visitations , congregations , and assemblies shal be within the kings dominions . by this it is apparant . first , that this act extends only to such * colledges , is were religious houses , consisting of menks and friors , not to colledges of schollars in the university , as the coupling it with monasteries , abbies , priories , and other places religiovs , and the last clause : nor that any person religiovs , depart out of the kings d●minions , to or for any visitation or assembly for religion , manifests : 2. that it excludes only the arch-bishop of canterbury , his commissaries , and under-officers , formerly mentioned in the body of the act ( the any other person or persons , intended in this clause ) from visiting these exempted colledges and religious houses : and that not simply , but by reason of this act : not the houses of parliament , or any v●sitors of their appointment , 3. it extends only to colledges , not to vniversities , not once named or intended in this law : and a colledg ( especially of monks and religious persons as here ) is one thing , a vniversity another , by the objectors own concession . p. 6. 4. it reacheth only to such colledges and places religious , as were exempt from archiepiscopal and episcopal vis●●ation , at , & before the making of this act ; therefore , not to the universities and colledges of oxford and cambridg , which at and before its making were not exempt , but subject both to the arch-bishops and bishops visitation and jurisdiction , as i have largely proved , 5. such exempt colledges as are within this act , are to be visited , not by the king in person , or such persons as he shall personally nominate , as the objector dreams ( no such words being in this act ) but , by commission under the great seal , to such persons as shal be appointed , and requisite for the same ; & that either by both houses of parliament , or by the keepers of the great seal , who usually nominate and appoint all commissioners of the peace , sewers , oyer and terminer , for visitations , inquiries , and the like , not the king in person . and the present visitors of oxford , being thus appointed by ordinance of both houses , and by commission under the great seal ; are sufficiently authorized to visit the vniversity and colledges in it , admit them places exempt within this proviso , as they are not . 6. admit all that can be ; it is clear , that both h●uses of parliament by this law conferred the power of visiting monasteries , abbies , priories , colledges , hospitals , houses , and other places religious , exempt before this act , from archiepiscopal and ordinary visitation , on the king , his heires and successors ; who could not confer it on themselves . ergo , by the self-same reason , both houses may now by ordinance and commission , lawfully conferre the like power of visiting the university , though formerly exempted , on the visitors now appointed by them ; they being the supream visitors and reformers of all corruptions and abuses , both in church and state , and appointing who shal be visitors , and what person or person shal be visited , and what things inquired of in visitations , in sundry other acts of parliament , as 31. e. 1. rastal 304. 2 h. 5. c. 1. 25. h. 8. c. 21. 26. h. 8. c. 21. 26. h. 8. c. 1. 28. h. 8. c. 10. 31. h. 8. c. 13. 14. 2. e. 6. c. 1. 5. e. 6. c. 3. 1. & 2. phil. & mary , c. 1. 8. 1. eliz. c. 1. 2. 14. eliz. c. 5. 3. i answer , it is true , that the ancient priviledges , liberties and franchises of the respective vniversities of oxford and cambridge , heretofore granted , ratified and confirmed by the queens highness , and her most noble progenitors , for the better increase of learning , and further suppressing of vice , are confirmed by act of parliament , an 13. eliz. rot . 36. which incorporates both vniversities ; but it neither confirmed the popes bulls of exemption , nor gave them any immunity from archiepiscopal or episcopal jurisdiction and visitation , it being no ancient libertie , priviledg , or franchise , ratified or confirmed to them by the queen , or any of her noble progenitors , nor yet once mentioned or intended in the large patent of priviledges , of king henry the 8. bearing date the 10 , of april . in the 14 , year of his r●ign , made and granted to the chancellor , and schollars of oxford , nor in queen elizabeths patent to the chancellor , masters and schollars of the university of cambridge , bearing date the 26 , of april , in the 3 , years of her raign , particularly confirmed by this act. therefore this act makes nothing at all to purpose . 4. the objected commission in 19 , eliz , part . 12. in dors● , pretends no exemption of the vniversity and colledges from archiepiscopoll and episcopall visitation and jurisdiction simply ; the thing not then in question ; neither doth it acknowledg or confirm the vniversities priviledges , and all other exemptions , in the very words of boniface the 8. and acknowledg they had them by prescription &c. as is untruly surmised . but first , it mentions divers priviledges then claimed by the chancellor , doctors and schollars of the vniversity , and some exemptions in causes wholly belonging to the chancellors conusance ; and next it only complains of william wilsons infringing these priviledges and exemptions contrary to his oath , in complaining to the deane of the arches of canterbury , and to arch-bishop grindal , against the bishop of lincoln , and his visitors of lincoln colledg in oxford , for refusing to admit him to the rectorship thereof to which he falsly pretended he was really and lawfully elected and presented ; and for sending inhabitions and citations thence to the bishop and his visitors ( who were members of the vniversity ) to appear in the arches , and with taking the final examination and determination of this election unto themselves , which of right belonged to the chancellor and university . upon which bare suggestion and complaint , the queen granted a commission to two bishops and six others , in a summary way ; without any noise or formal proceedings , according to the truth and meer equity of the cause , by the best and most effectual means they could ; de et super veritate praemissorvm et privilegiorvm et exemptionvm dictae vniversitatis , ac in causa et causis praedictis &c. procedere , et fine debito , omni appellatione et querela nuillitatis , et supplicatione quacunque remotis , terminare ; statutis , canonibus , et consuetudinibus in contrarium editis , litisve pendentibus , in aliquo non obstante . so as this commission doth no ways confirm the priviledges , nor ratifie the exemptions therein claimed by the chancellor and vniversity , by charter , statutes and prescription ; for then it would have remitted this cause of election from the deane of the arches , and arch bishops delegates to the chancellor and vniversity ( to whom by ancient priviledg they alleaged it did belong ) but only refers the examination of the truth of the premises , priviledges , exemptions , and determination of this cause and controversy about this election to certain commissioners , thus summarily to determine , any statutes , canons , customes , or suits depending to the contrary , notwithstanding , and so rather doubts of , and questions the truth of there alleaged vniversity priviledges and exemptions , then confirms them , though procured by the chancellors and universities means , and drawn up by their own directions . but admit this commission ratified and confirmed the priviledges and exemptions claimed in it by the vniversity ; yet the substance of them is no more then this : that * all personal contracts , suits , controversies , and offences of schollars and priviledged persons arising within the precincts of the vniversity ( except maihmes and fellonies ) are to be tried and determined in the vniversity before the chancellor only , not before any arch-bishops , legates , bishops , or ordinary judges , out of the vniversity . will it therefore follow ; therefore the vniversity cannot without multiplied perjury , acknowledg any visitor but the king , and such as are immediately sent by him ; and is totally exempted , not only from all archiepiscopal and episcopal , but likewise from the parliaments , and their delegates visitation ? no doubtless ; the rather , because king charles himself , and his couns●● resolved , that neither this commission , nor * any other charter of priviledges or exemptions , did free the universities from the arch-bishop of canterburies metropolitical visitation , much less then from both houses delegates , authorized by ordinances and commission for to visit it . the 4th . ground and argument urged for the universities exemption from our visitation , is this . * that all visitations of the vniversities ( except in queen maries raign , by cardinal pool , as popes legat ) were held by the respective princes authority , and the persons visiting were immediatly sent by them , only as their representatives , and who ever sate , the king visited ; for which one visitation , by k. henry the 8. another by king edward the 6. a third by queen elizabeths visitors & commissions are cited : therefore the universities are exempt from all other visitors , and those now appointed by both houses , but not immediatly by the king . to this i answer : first , that no king of england before henry the ● , did either in person or by commission visit the universities ; and his once meer visitation of them by commissioners ( if true , since i find no such commission extant after much inquiry ) was no exemption of them , in point of law , from their former visitors , no more then of the particular colledges ( which they likewise visited ) from the visitors designed them by their founders . secondly , king edward the 6. his commission , and commissioners , for their visitation , were made by the advice of the lord protector , and others of his privy councel , ( he being then an infant but of 11. years of age ) & not made nor nominated personally and immediately by himself , as the commissions themselves attest : and for any commission under the great seal of queen eliz. for the vniversities visitation , it is to me a meer non liquet , which i cannot find upon search after it . thirdly , king charl● himself and his counsel resolved upon f●l d●bate● that those royal visitations of his predecessors did not exempt them from the archbishops visitation by his metropolitical right . therefore they can much less priviledg them against the present visitors , commissioned under the great seal and armed with both houses right , from whom our kings derived their power of visitation at first . the 5. and principal plea in point of conscience , most inculcated , is this : * that the heads and members of the vniversity are sworn by their respective statutes , to allow or submit to no visitation , but fr●● those who are nominated by their founder●● therefore they cannot , without multiplied perjury , submit to the present visitors . i answ : first , that this oath obligeth them not as members of the university , but only as fellows of particular colledges or hals : therfore it cannot be pleaded against our visiting the university in general , but such particular colledges only who are obliged by such an oath . secondly , this oath was never made not prescribed with any intention to exempt those particular colledges that take is from the kings or his commissioners visitations , as the objectors ( i presume ) wil grant , not yet from the archbishops , ( which i have formerly proved ) though not appointed visitors by the founders , to both which these colledges have submitted , without any perjury or violation of their oath ; the end whereof was only to exclude all wrongful intrusions of co-ordinate or inferior visitors and persons , upon the founders right , by way of usurpation , not any superior lawful jurisdiction or authority , which the founders had neither power nor right to ab●idg . this is evident in the common case of hospital ; which though bound by oath and sta●utes to admit no other visitors but such as their founders appoint ; yet the ordinaries both by statute , common and canon law , 〈◊〉 and ought to visit them notwithstanding , as is evident by 2 h. 5. c. ● by vertue of their superintendent power . thirdly , this oath is like the oath of homage at the common law , having an implied ●avi●g●● it , as that hath an express : i become your man from this day forwards of life and limb and of earthly worship , and unto you shal be true and faithful , and bear you faith for the tenement that i claim to hold of you ; saving the faith that i ow unto our soveraign lord the king . o● , salva●fide deo & terrae principi . the reason of which saving is , because the king is the soveraign land-lord & paramount the mean-lord . which oath of homage . * walter bishop of exon giving to his tenants in cornwal , nulla facta mentione de homagio & fidelitate domino regidebitis : thereupon one michael de north exhibited an information against , them in 6. e. 〈…〉 to the kings crown , ●i ad damnum & ded●cus ipsius domino regis , and upon the same ground it is , that if a man hold 〈◊〉 ho●●ge of divers lords , he 〈◊〉 say in the end of his homage done savings he faith which i ow to our lord the king ; 〈…〉 other lord● . if a man should make ● solemn vow ( having been overtaken with wine ) never to drink wine more ; 〈◊〉 one addicted to swearing , vow never to swear any more : yet these vows would not extend to exclude him from drinking wine at the lords supper : or taking an oath upon summons or just occasion in any court of justice , or before a lawful magistrate . so if a servant swear , not to bewray his masters secrets ; or a fellow of a colledg , not to discover the secrets of the ho●se , or a grand-ju●or , not to discover his fellows secrets ; yet these oa●●● binde them not when they are called to discover them in a legal way , upon a just cause before a lawful magistrate , upon any action of account , b●ls of discovery or trial ; it being not within the intention of these oaths , nor in the power of those who prescribed them to restrain such legal discoveries , or abridg the superior magistrates power to the obstructing of publick justice : upon which gro●nd , the lords and others of the privy councel heretofore , and this very pa●l●ament in the case of the earl of strafford , when summoned as witness●● , have without pe●jury , or breach of trust discovered their fellow-councellors evil counsel & secret advice to his majesty , contrary to the letter of their oaths . fourthly , it is the apostles express command , col. 3. 20 , 22 , children obey your parents in all things , for this is wel-pleasing unto the lord . servants obey your masters in all things according to the flesh : yet all divines , * canonists , and casuists , resolve : that if parents and masters command one thing ; and kings , magistrates or god himself command another thing ; children and servants in such a case ought rather to obey the magistrates , king and god himself , then either their parents or masters ; notwithstanding these universal precepts of obeying them in all things ; which , have this implyed qu●lification involved in them , to wit , in all lawful things not contrary to the superior just commands of the king , magistrate or god himself , which being the superior powers , ought principally to be obeyed before natural parents and masters . hence is that known resolution of augustine subscribed by * gratian , and all canonists . quiresistit potestati de●●rdinations resistit . sed quid 〈◊〉 iubentur 〈◊〉 quod non , debe●● facere ? hic sanè conte●●● potestate● . 〈…〉 legum grad●s adverte verte : si aliquid ●uss●rit curator , faciendum est ; non tamen s● contra proconsul jubeat . non utique contemnis potestatem sed eligis majori servire ; nec hic debet minor irasci si maior pr●elatus est . rursus , si ipse consul aliquid jubeat , & aliud jubeat imperator ; vel si aliud jubeat imperator , et aliud deus , quid i●dicatis ? maior potestas de●s : da veniam ô imperator : tu carcerem , ille gehen●am mi●atur . hic jam tibi assu●●nd● est ●ides tua tanqu●m scutum , in quo possis om●ia ignea iacula inimici oxtinguere . this resolve of his , wil dissolve the present objection ; that these oaths and statutes of particular colledges , wil exclude all other visitors appointed by an equal or inferior , but not by a superior authority , as the present v●sitors are . fifthly , i find an express president in point . when * cardinal pool by his d●legates v●si●●d the vniversity of cambridg in queen maries days , robert brassy master of kings colledg , ( aworthy old man both for his wisdom and hoar hairs ) hearing his own nam●●ecited next after the vice-chancellors , said . he was there present as all the other were ; neverthelesse for as much as the reformation of his house was wholy reserved to the discretion of the bishop of lincoln , not only by the kings letters pattents , but also by grant of confirmation of the bishop of rome himself , under a penalty , if he should suffer any stranger to intermed●e , he openly pro●essed in discharge of his duty , that ●nlesse their , commission gave them authority and iurisdiction upon , the colledg , either by * expresse words or manifest sense , he utterly exempted himself from being present . this his exception they took all in greas displeasure , alledging , that they were fully authorized for the order of the matter by the cardinal , out of whose iurisdiction no place nor person was exempted : wherefore he had done evil , to cal in question their authority , so wel known to all men . the next day the delegates going to visit this colledg , mr. brassy the master excusing himself , made the same exception to them then he had before . to which the bishop of chester , with a frowning look and angry coun●enance , said ; he needed not to repeat the things he had protested before , nor they to make answer any more to those things wherein they had sufficiently informed him before . he rather feared that their quarrel was not good , that they made such a do about it , and s●ught such starting ●ol●● . for so were diseased persons oft times wont to do , whe● for the pain and grief they are not able to abide a stronger medicine : as though that any ever were able to grant so strong a priviledg , as to withstand the popes authority . as for the popes letters , they must needs make on his side and those that were with him , ( and could not in any wise be alledged against him . therefore he admonished him to desist from his ●nprofitable altercation , and to conform himself and his to such things as were then in doing . whereupon the master and schollers submitted to their visitation , and were at sworn and examined to such interroga●●ries as were propounded them ; but some of them swore conditionally , so as their faith formerly given to the colledg were not impeached thereby ; which submission and president in print , in case of the pope and his legates visitors should induce all these oxonians whom it concerns , in like manner to submit to both houses visitors , ( having express power by ordinance and commission to visit all colledges &c. ) notwithstanding these objected oaths and statutes . having ( as i conceive ) satisfactorily answered all objections against the jurisdiction and power of the oxford visitors , i shal briefly answer some allegations against their persons and proceedings . their exceptions to all their persons in general ( and * that with wonder and just scorn ) is ; that they are their fellow-subjects ; when as for almost 800 years before they have been the care and stri●e of princes . king alured himself visits , an. 806. edw. ● . & rich. 2. descided controversies in the vniversity . the late visitations performed by commissioners , were by the chief nobility of the kingdom ; and his maiesty that now is visited christ church personally , with 8 lord● of the councel . to others of them in particular ; that they 〈◊〉 their own members , who having sworn the observation of their statutes , liberties and customs , cannot appear as iudges over them without a violation of their oaths , nor yet without a manifest opposition of nature , where * part iudg the whole ; and the laws of iustice too , especially if they consider the interests and engagements may often professions of the most active instruments of this work . to the fifth i answer ; first , that if these objections were of moment , they might all be made against all proceedings of justices of ass●● , justices of peace , and juries , at assi●es and sessions ; yea , against magna chart● , and the fundamental laws of the realm , which enact ; that no man shal be condemned or proceeded against , but by the lawfull iudgment of his peers , not of kings and nobles , of his superior● ; and against all proceedings in the university it self , either in congregation , convocation or the vice-chancellors court , where schollars and others are judged and ordered by fellow-subjects , and the whole university , by some particular members of it , without any guilt of perjury or violence offered , either to nature or common justice . 2. i answer , that though the visitors nominated by the houses , are but their fellow-subjects , and neither kings nor nobles , yet many of them are persons of quality and reputation , meet for such an imployment . two of them are dignified with the honorable order of knighthood , by the king himself ; * and one of them formerly in visiting as vicar general to the late arch-bishop of canterbury ( chancellor of the university of oxford ) who thought him worthy to visit the whole province of canterbury , and therefore fit and meet to visit the vniversity . others of them are esqui●es by birth , place , or profession ; others dignified with the highest . titles the vniversitie could bestow upon them , where they have been ancient . governors , and the meanest of them are sufficiently eminent both for piety and learning : therefore , not to be slighted with wonder and just scorn , especially by their equals , or inferiors in all respects , as most in the university are 3. that king alured himself visited the vniversity in person , or any other of our kings after him ; it is untrue ; as for king charles and his nobles visiting of christ church personally , otherwise then by resorting to it , to behold a play , or pastorall heretofore , or to lodg in it in these times of war ; i never heard of it til now : that king alured , edward the 1 , richard the 2 , ( yea henry the 4 , and king charles too ) did themselves decide controversies between the university and others about their priviledges , and concerning the arch-bishops metropoliticall right to visit them , is true ; the distempers of the university requiring it , who would rest satisfied with no meaner parties decision ; yet no● her of them visited it in person or by commission . thirdly in the visitation of the universities by the kings commissions , the visitors named , were not all princes and nobles , as is suggested . there are but two such commissions extant on record ; the one in 2 ed. 6. pars . 3. in dorso , for visiting the university of cambridg ; wherein sir william paget , contributor of the kings houshold , thomas smith the kings secretary , iohn cheek the kings tutor●william mayor doctor of law ; one of the master of requests , and dean of pauls , and thomas w●●die the kings physitian , or any 7. 6. 5. 4. 3. 2. or one of them were the sole visitors , not one of them a peer , much less of the chief nobility . the other in 3 edward 6. pars . 2. for visiting the university of oxford ; wherein iohn earle of warwick , high chamberlain , henry bishop of lincoln , and richard bishop of rochester , william paget , controulor of the houshold , william peter knight , the kings secretary , richard fox the kings almoner and tutor , simon heynes dean of ex●ter , christopher nevense doctor of law , and richard morison . esquire , or any 7. 6. 5. 4. 3. 2. or one of them were nominated visitors ; the meanest of them only doing the work , without any exceptions to their inferior quality . what delegates cardinal ●●ole appointed to visit both vniversities you have heard already ; and that our arch-bishops and bishops have usually appointed as mean persons as any nominated by the parliament , to visit their p●ovi●ces and diocesses is wel known to all . in fine , the visitors now appointed have no absolute definitive power in all things , but are subordinate to the honorable committee of lords and commons for regulating the university , to whom they are to certifie all their proceedings , & to whom there is liberty of appealing granted to any that deem themselves injured : so as this honorable committee , and both houses are in truth , the real visitors , the others but their substitutes . therefore these scorns against their persons ( which must reflect upon the parliaments wisdom and judgment ) might have wel bin spared . as for any of their interests , engagements and professions , i shall beleeve they are all publike and syncere , til the contrary be demonstrated . the next exception is to their proceedings ; * that their power was not manifested by some legal way &c. i answer ; that this is untrue , ●or it was first manifested by a printed ordinanos of both houses , wherein their names and power were comprised . 2. in a publike citation , subscribed by most of them , of which all the university , colledges and halls had legal notice . 3. by an additional ordinance of both houses , and a commission under the great seal of england , of which they had a copy delivered to them upon their own request , by the visitors that sate . the last objection is , * that there is now no necessity nor want of a visitation &c. i answer ; that this is to question the wisdom of both houses , who deem a visitation necessary ; and to prejudge the visitors , who may find more enormities in the persons to be visited , then they can yet discern in themselves , who * are no competent iudges in their own cause . however , if their innocency be such as to evidence to the world , they are not those monsters , that their enemies charactor would speak them ; nor yet are altogether unworthy their education , or their founders magnificance ; as the objector blasons them ; they have then the lesse cause to refuse or decline the visitors test , and wil come off with greater honor to themselves , and shame to their unjust accusers , if they appear such after stricktest s●rutiny , then if they had not at all been brought to such a publike tryal . i have now made good all my positions , and answered all the universities allegations in point of law or conscience against their present visitors jurisdiction ; not out of any design to diminish or infringe the universities just priviledges ( which i have been formerly sworn to maintain ) in the least title , but out of a real affection to the universityes welfare , and a desire to rectifie the erronious judgments , and satisfy the scrupelous consciences of all present opposers of the visitors power , to prevent those tragicall effects which their obstinacy and contumacy in this high contest are like inevitably to produce , to their own and the vniversities prejudice , if persisted in . i shal ever endeavour to my power , that the university may enjoy all her just rights and priviledges , with subordination to both houses superior authority , and flourish more abundantly now then ever in piety , vertue , and all sorts of learning , which they cannot take unkindly at my hands . i shal only add : that as the vniversity of cambridg submitted to the ordinance of both houses of parliament , made for its regulation , dated 22. jan. 1643. which enabled the honorable ea●le of manchester alone , to appoint a committee under him , who should have full power to call before them all provosts , masters and fellows of colledges , students and members of that vniversity , who were scandalous in their lives , or ill affected to the parliament , or fomentors of these unnatural wars , or wilful refusers to obey the ordinances of parliament , or deserters of their places of residence and to send for witnesses , and examine any complaint or testimony against them upon oath , and to certify their names with the charge and proofs against them to the said earle , who had power thereby given him to sequester and elect them . and put others in their places ; which he accordingly executed without any such publike opposition as we now find at oxford : so i hope the vniversity of oxford wil receive so good satisfaction of their scruples , from the premises , as shal enduce them to a like submission to their present visitors , authorized by both houses ordinances , and a commission under the great seal , without any further plea or demurrer , or else leave them without excuse to both houses severest justice , for their wilful contempt of their soveraign power , against which they have publikely ( in words ) disavowed the least opposi●ion or dispute , and yet strenuously oppose it in reallity , by this contest against their visitors , upon meer groundles pretences so frequently over-ruled against them heretofore , that it can be b●t meer obstinacy in them to insist upon them any longer now . the statutes of 9. h. 5. c. 8. 1. h. 6. c. 3. 2. h. 6. c. 8. 14. h. 8. c. 2. 5. 21. h. c. ●6 . 1. e. 6. c. 14. 7. e. 6. c. 5. 1. phil. & mar. c. 3. 1. & 2. phil. & mar , c. 7. 8. 2. & 3. phil. & mar. c. 15. 1. el. c. 4. 5. el. c. 8. 13. el. c. 10. 12. 18. el. c. 6. 20. 3. iac. c. 4. make mention of the vniversities , and give them some priviledges , but no exemption from visitations , and prescribe laws unto them . errata . p. 18. l. 9. read facturusque p. 20. l. 10 they were p. 23. l. 12. ordinationi l. 31. pradictarum p. 25. l. 13. factis p. 31. l. 5. academiae l. 38. university p. 38. l. 4. primitus . p. 40. l. 17. quos p. 27. l. 3 in the margin , episo . p. 31. l. 18. 1407. finis . notes, typically marginal, from the original text notes for div a56225e-440 a the sovereign power of parliaments and kingdomes , part 1 , 2. and the appendix at the end of the fourth part . a about anno 1300. b anno 1475. c tiguri 1589. a godwin's catalog●e of bishops , p. 241 242. who likewise recites this controversie . b londini 1572. c godwins catalog●e o● bishops , p. 242. d catalogue of bishops , p 95 , 245. godwin's catalogue of bishops , p. 246. * pag. 5 , 6. * ex memorand . phillip repingdon , epist. lincol . f. 196. f note this , the very first plea of our oxonians now . g the same with the oxenians second plea , in words and substance . n i doubt these pr●●ended bu●s were mcc● forgeries and bais indeed . o the xouians third plea in words and substance . p this was direct perjury , since archbishop arunde● visited that university , & all colledges in it an. 1477 not 30. yeers before , p. 3. 54. &c. p the oxonians fourth plea in substance and words . q alledged by the oxonians too . i the oxonians argument too . * there is no such commission to be found . k this commission is extant . m there is no such commission extant in the rols . * pag. 7. * speed's history , p. 1066 , 1085 , &c. * p. 9 , 10 , 11 , 21 , 36 , 38. object . the unversities priviledge , p 2 , 3. answ. * godwins catalogue of bishops , p. 404. * spelman concil. tom. 1. p. 631. to 635. ioan. s●ldeni no●ae ad eadmerum p. 165. * actio personalis moritur cum persona . object . 2. object . 3. * page 2. 3. 4. answer . * see speeds catalogue of religious houses , colledges and hospitals . * see the charter of 36 e , 3 , pars . 1 , mem. 5 rot , claus. 9. r. 2 & 15 r 2 mem 17. in tur. london . to this effect , & p 41 * here p 36 object . 4. * page . 4. answer . object 5. * page 6. answ. littleton l. 2. chap. 1● co●ks 1 instit , f. 65 〈…〉 * see gratian caus. 11 , qu. 3 * caus. 11. q. 3 * fox acts and monuments vol. 3. p. 765 , 766. * our ordinances and c●mmissions do so in express words . obiect . 6. * page 4 , 5. * do not the king and parliament , let parts judg the whole ? answer . * sir natha . brent . object . 7. * page . 5. answer . objection . * page . 6. answer . * unusquisque sui ipsius iniquus iudex . the life of dr. sanderson, late bishop of lincoln written by izaak walton ; to which is added, some short tracts or cases of conscience written by the said bishop. walton, izaak, 1593-1683. 1678 approx. 425 kb of xml-encoded text transcribed from 271 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a67467 wing w667 estc r8226 11981472 ocm 11981472 51860 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a67467) transcribed from: (early english books online ; image set 51860) images scanned from microfilm: (early english books, 1641-1700 ; 522:16) the life of dr. sanderson, late bishop of lincoln written by izaak walton ; to which is added, some short tracts or cases of conscience written by the said bishop. walton, izaak, 1593-1683. sanderson, robert, 1587-1663. judgment concerning submission to usurpers. sanderson, robert, 1587-1663. pax ecclesiae. hooker, richard, 1553 or 4-1600. sermon of richard hooker, author of those learned books of ecclesiastical politie. sanderson, robert, 1587-1663. judgment in one view for the settlement of the church. sanderson, robert, 1587-1663. judicium universitatis oxoniensis. english. [239], 276 p. : ill. printed for richard marriot, london : 1678. first edition. reproduction of original in huntington library. bishop sanderson's judgment concerning submission to usurpers --pax ecclesiae / by the right reverend ... robert sanderson -bishop sanderson's judgment in one view for the settlement of the church -reasons of the present judgment of the university of oxford, concerning the solemn league and covenant, the negative oath, the ordinances concerning discipline and worship -a sermon of richard hooker, author of those learned books of ecclesiastical politie, found in the study of the late learned bishop andrews. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sanderson, robert, 1587-1663. university of oxford -early works to 1800. solemn league and covenant (1643) 2000-00 tcp assigned for keying and markup 2001-00 spi global keyed and coded from proquest page images 2001-09 tcp staff (michigan) sampled and proofread 2001-09 tcp staff (michigan) text and markup reviewed and edited 2001-11 pfs batch review (qc) and xml conversion vera effigies reverendi patris roberti sanderson lincolniensis episcopi , aet . 76 the life of dr. sanderson , late bishop of lincoln . written by izaak walton . to which is added , some short tracts or cases of conscience , written by the said bishop . eccles . 3. mysteries are revealed to the meek . london , printed for richard marriott . 1678. to the right reverend , and honourable , george lord bishop of winchester , prelate of the garter , and one of his majesties privy council . my lord , if i should undertake to enumerate the many favours and advantages i have had by my very long acquaintance with your lordship , i should enter upon an imployment , that might prove as tedious , as the collecting of the materials for this poor monument , which i have erected , and do dedicate to the memory of your beloved friend dr. sanderson : but though i will not venture to do that ; yet i do remember with pleasure , and remonstrate with gratitude , that your lordship made me known to him , mr. chilingworth , and dr. hammond , men , whose merits ought never to be forgotten . my friendship with the first was begun almost forty years past , when i was as far from a thought , as a desire to out-live him ; and farther from an intention to write his life : but the wise disposer of all mens lives and actions hath prolong'd the first , and now permitted the last ; which is here dedicated to your lordship ( and as it ought to be ) with all humility , and a desire that it may remain as a publick testimony of my gratitude , my lord , your most affectionate old friend , and most humble servant , izaak walton the preface . i dare neither think , nor assure the reader , that i have committed no mistakes in this relation of the life of dr. sanderson ; but am sure , there is none that are either wilful , or very material . i confess , it was worthy the imployment of some person of more learning and greater abilities than i can pretend to ; and i have not a little wondred that none have yet been so grateful to him and posterity , as to undertake it . for it may be noted , that our saviour hath had such care , that for mary magdalens kindness to him , her name should never be forgotten : and doubtless , dr. sanderson's meek and innocent life , his great and useful learning , might therefore challenge the like indeavours to preserve his memory : and 't is to me a wonder , that it has been already fifteen years neglected . but , in saying this , my meaning is not to upbraid others ( i am far from that ) but excuse my self , or beg pardon for daring to attempt it . this being premis'd , i desire to tell the reader , that in this relation i have been so bold , as to paraphrase and say what i think he ( whom i had the happiness to know well ) would have said upon the same occasions ; and , if i have err'd in this kind , and cannot now beg pardon of him that lov'd me ; yet i do of my reader , from whom i desire the same favour . and , though my age might have procur'd me a writ of ease , and that secur'd me from all further trouble in this kind ; yet i met with such perswasions to begin , and so many willing informers since , and from them and others , such helps and incouragements to proceed , that when i found my self faint , and weary of the burthen with which i had loaden my self , and ready to lay it down ; yet time and new strength hath at last brought it to be what it now is , and presented to the reader , and with it this desire ; that he will take notice , that dr. sanderson did in his will or last sickness advertise , that after his death nothing of his might be printed ; because that might be said to be his , which indeed was not ; and also for that he might have chang'd his opinion since be first writ it . and though these reasons ought to be regarded , yet regarded so , as he resolves in that case of conscience concerning rash vows , that there may appear very good second reasons , why we may forbear to perform them . however , for his said reasons , they ought to be read as we do apocriphal scripture ; to explain , but not oblige us to so firm a belief of what is here presented as his . and i have this to say more , that as in my queries for writing dr. sanderson's life , i met with these little tracts annex'd ; so in my former queries for my information to write the life of venerable mr. hooker , i met with a sermon , which i also believe was really his , and here presented as his to the reader . it is affirm'd ( and i have met with reason to believe it ) that there be some artists , that do certainly know an original picture from a copy ; and in what age of the world , and by whom drawn : and if so , then i hope it may be as safely affirmed , that what is here presented for theirs , is so like their temper of mind , their other writings , the times when , and the occasions upon which they were writ , that all readers may safely conclude , they could be writ by none but venerable mr. hooker , and the humble and learned dr. sanderson . and lastly , i am now glad that have collected these memoirs , which lay scatter'd , and contracted them into a narrower compass ; and , if i have by the pleasant toyl of doing so , either pleas'd or profited any man , i have attain'd what i design'd when i first undertook it : but i seriously wish , both for the readers , and dr. sanderson's sake , that posterity had known his great learning and vertue by a better pen ; by such a pen , as could have made his life as immortal as his learning and merits ought to be . i. w. may the 7th . 1678. let the life of dr. sanderson , late bishop of lincoln , with the letters and tracts at the end thereof , and mr. hooker's sermon , be printed . will iane , chaplain to the right reverend father in god , henry lord bishop of london . the life of dr. robert sanderson , late lord bishop of lincoln . doctor robert sanderson , the late learned bishop of lincoln , whose life i intend to write with all truth and equal plainness , was born the nineteenth day of september , in the year of our redemption 1587. the place of his birth was rotheram in the county of york ; a town of good note , and the more for that thomas rotheram , sometime archbishop of that sea was born in it ; a man , whose great wisdom , and bounty , and sanctity of life , have made it the more memorable ; as indeed it ought also to be , for being the birth place of our robert sanderson . and the reader will be of my belief , if this humble relation of his life can hold any proportion with his great piety , his useful learning , and his many other extraordinary endowments . he was the second and youngest son of robert sanderson of gilthwait-hall in the said parish and county , esq by elizabeth one of the daughters of richard carr of buterthwate-hall , in the parish of ecclesfield in the said county of york , gentleman . this robert sanderson the father , was descended from a numerous , ancient , and honourable family of his own name : for the search of which truth , i refer my reader , that inclines to it , to dr. thoriton's history of the antiquities of nottinghamshire , and other records ; not thinking it necessary here to ingage him into a search for bare titles , which are noted to have in them nothing of reality : for titles not acquir'd , but deriv'd only , do but shew us who of our ancestors have , and how they have atchiev'd that honour which their descendants claim , and may not be worthy to enjoy . for if those titles descend to persons that degenerate into vice , and break off the continued line of learning , or valour , or that vertue that acquir'd them , they destroy the very foundation upon which that honour was built ; and all the rubbish of their vices ought to fall heavy on such dishonourable heads ; ought to fall so heavy , as to degrade them of their titles , and blast their memories with reproach and shame . but our robert sanderson lived worthy of his name and family : of which one testimony may be , that gilbert , call'd the great earl of shrewsbury , thought him not unworthy to be joyn'd with him as a god-father to gilbert sheldon , the late lord archbishop of canterbury ; to whose merits and memory posterity ( the clergy especially ) ought to pay a reverence . but i return to my intended relation of robert the son , who began in his youth to make the laws of god , and obedience to his parents , the rules of his life ; seeming even then to dedicate himself , and all his studies , to piety and vertue . and , as he was inclin'd to this by that native goodness , with which the wise disposer of all hearts had endow'd his : so this calm , this quiet and happy temper of mind ( his being mild , and averse to oppositions ) made the whole course of his life easie and grateful both to himself and others : and this blessed temper , was maintain'd and improv'd by his prudent fathers good example , and by frequent conversing with him ; and scattering short apothegms and little pleasant stories , and making useful applications of them , his son was in his infancy taught to abhor vanity and vice as monsters , and to discern the loveliness of wisdom and vertue ; and by these means , and god's concurring grace , his knowledge was so augmented , and his native goodness so confirm'd , that all became so habitual , as 't was not easie to determine whether nature or education were his teachers . and here let me tell the reader , that these early beginnings of vertue were by god's assisting grace blest with what st. paul seem'd to beg for his philippians , namely , that he that had begun a good work in them , would finish it . and almighty god did : for his whole life was so regular and innocent , that he might have said at his death ( and with truth and comfort ) what the same st. paul said after to the same philippians , when he advis'd them to walk as they had him for an example . and this goodness , of which i have spoken , seem'd to increase as his years did ; and with his goodness his learning , the foundation of which was laid in the grammer school of rotheram ( that being one of those three that were founded and liberally endow'd by the said great and good bishop of that name . ) and in this time of his being a scholar there , he was observ'd to use an unwearied diligence to attain learning , and to have a seriousness beyond his age , and with it a more than common modesty ; and to be of so calm and obliging a behaviour , that the master and whole number of scholars lov'd him , as one man. and in this love and amity he continued at that school till about the thirteenth year of his age ; at which time his father design'd to improve his grammer learning , by removing him from rotheram to one of the more noted schools of eaton or westminster : and after a years stay there , then to remove him thence to oxford . but , as he went with him , he call'd on an old friend , a minister of noted learning , and told him his intentions ; and he , after many questions with his son , receiv'd such answers from him , that he assur'd his father , his son was so perfect a grammarian , that he had laid a good foundation to build any , or all the arts upon ; and therefore advis'd him to shorten his journey , and leave him at oxford . and his father did so . his father left him there to the sole care and manage of dr. kilbie , who was then rector of lincoln colledge : and he , after some time and trial of his manners and learning , thought fit to enter him of that colledge , and after to matriculate him in the university , which he did the first of iuly 1603. but he was not chosen fellow till the third of may 1606. at which time he had taken his degree of batchelor of arts ; at the taking of which degree , his tutor told the rector , that his pupil sanderson had a metaphysical brain , and a matchless memory : and that he thought he had improv'd , or made the last so by an art of his own invention . and all the future imployments of his life prov'd that his tutor was not mistaken . i must here stop my reader , and tell him , that this dr. kilbie was a man of so great learning and wisdom , and so excellent a critick in the hebrew tongue , that he was made professor of it in this university ; and was also so perfect a grecian , that he was by king iames appointed to be one of the translators of the bible : and that this doctor and mr. sanderson had frequent discourses , and lov'd as father and son. the doctor was to ride a journey into darbyshire , and took mr. sanderson to bear him company : and they going together on a sunday with the doctor 's friend to that parish church where they then were , found the young preacher to have no more discretion , than to waste a great part of the hour allotted for his sermon in exceptions against the late translation of several words ( not expecting such a hearer as dr. kilbie ) and shew'd three reasons why a particular word should have been otherwise translated . when evening prayer was ended , the preacher was invited to the doctor 's friends house ; where , after some other conference , the doctor told him , he might have preach'd more useful doctrine , and not fill'd his auditors ears with needless exceptions against the late translation ; and for that word , for which he offered to that poor congregation three reasons , why it ought to have been translated , as he said ; he and others had considered all them , and found thirteen more considerable reasons , why it was translated as now printed : and told him , if his friend , then attending him , should prove guilty of such indiscretion , he should forfeit his favour . to which mr. sanderson said , he hop'd he should not . and the preacher was so ingenious as to say , he would not justifie himself . and so i return to oxford . in the year 1608. ( iuly the 11 th . ) mr. sanderson was compleated master of arts. i am not ignorant , that for the attaining these dignities , the time was shorter than was then , or is now required ; but either his birth , or the well performance of some extraordinary exercise , or some other merit , made him so : and the reader is requested to believe that 't was the last ; and requested to believe also , that , if i be mistaken in the time , the colledge records have mis-informed me : but i hope they have not . in that year of 1608. he was ( november the 7 th . ) by his colledge chosen reader of logick in the house , which he performed so well , that he was chosen again the sixth of november , 1609. in the year 1613. he was chosen sub-rector of the colledge , and the like for the year 1614. and chose again to the same dignity and trust for the year 1616. in all which time and imployments , his abilities and behaviour were such , as procur'd him both love and reverence from the whole society ; there being no exception against him for any faults , but a sorrow for the infirmities of his being too timorous and bashful ; both which were , god knows , so connatural , as they never left him . and i know not whether his lovers ought to wish they had ; for they prov'd so like the radical moisture in man's body , that they preserv'd the life of vertue in his soul , which by god's assisting grace never left him , till this life put on immortality . of which happy infirmities ( if they may be so call'd ) more hereafter . in the year 1614. he stood to be elected one of the proctors for the university . and 't was not to satisfie any ambition of his own , but to comply with the desire of the rector and whole society , of which he was a member ; who had not had a proctor chosen out of their colledge for the space of sixty years ( namely , not from the year 1554. unto his standing ; ) and they perswaded him , that if he would but stand for proctor , his merits were so generally known , and he so well beloved , that 't was but appearing , and he would infallibly carry it against any opposers ; and told him , that he would by that means recover a right or reputation that was seemingly dead to his colledge . by these and other like perswasions he yielded up his own reason to theirs , and appear'd to stand for proctor . but that election was carried on by so sudden and secret , and by so powerful a faction , that he mist it . which when he understood , he profest seriously to his friends , that if he were troubled at the disappointment , 't was for theirs , and not for his own sake : for he was far from any desire of such an imployment , as must be managed with charge and trouble , and was too usually rewarded with hard censures , or hatred , or both . in the year following he was earnestly perswaded by dr. kilbie and others , to renew the logick lectures which he had read some years past in his colledge : and that done , to methodize and print them , for the ease and publick good of posterity . but though he had an aversness to appear publickly in print ; yet after many serious solicitations , and some second thoughts of his own , he laid aside his modesty , and promised he would ; and he did so in that year of 1615. and the book prov'd , as his friends seem'd to prophecy , that is , of great and general use , whether we respect the art or the author . for logick may be said to be an art of right reasoning : an art that undeceives men who take falshood for truth ; enables men to pass a true judgment , and detect those fallacies which in some mens understandings usurp the place of right reason . and how great a master our author was in this art , will quickly appear from that clearness of method , argument , and demonstration , which is so conspicuous in all his other writings . he who had attained to so great a dexterity in the use of reason himself , was best qualified to prescribe rules and directions for the instruction of others . and i am the more satisfied of the excellency and usefulness of this his first publick undertaking , by hearing that most tutors in both universities teach dr. sanderson's logick to their pupils , as a foundation upon which they are to build their future studies in philosophy . and for a further confirmation of my belief , the reader may note , that since his book of logick was first printed , there has not been less than ten thousand sold : and that 't is like to continue both to discover truth , and to clear and confirm the reason of the unborn world. it will easily be believed that his former standing for a proctors place , and being disappointed , must prove much displeasing to a man of his great wisdom and modesty , and create in him an aversness to run a second hazard of his credit and content ; and yet he was assured by dr. kilbie , and the fellows of his own colledge , and most of those that had oppos'd him in the former election , that his book of logick had purchas'd for him such a belief of his learning and prudence , and his behaviour at the former election had got for him so great and so general a love , that all his former opposers repented what they had done ; and therefore perswaded him to venture to stand a second time . and upon these and other like incouragements , he did again , but not without an inward unwillingness , yield up his own reason to theirs , and promis'd to stand . and he did so ; and was the tenth of april , 1616. chosen senior proctor for the year following , mr. charles crooke of christ-church being then chosen the junior . in this year of his being proctor there happened many memorable accidents ; namely , dr. robert abbot , master of balial colledge , and regius professor of divinity ( who being elected or consecrated bishop of sarum some months before ) was solemnly conducted out of oxford towards his diocese , by the heads of all houses , and the chief of all the university . and dr. pridiaux succeeded him in the professorship , in which he continued till the year 1642. ( being then elected bishop of worcester ) and then our now proctor mr. sanderson succeeded him in the regius professorship . and in this year dr. arthur lake ( then warden of new colledge ) was advanced to the bishoprick of bath and wells : a man of whom i take my self bound in justice to say , that he made the great trust committed to him , the chief care and whole business of his life . and one testimony of this truth may be , that he sate usually with his chancellor in his consistory , and at least advis'd , if not assisted in most sentences for the punishing of such offenders as deserved church censures . and it may be noted , that after a sentence for penance was pronounced , he did very warily or never allow of any commutation for the offence , but did usually see the sentence for penance executed ; and then as usually preach'd a sermon of mortification and repentance , and so apply them to the offenders , that then stood before him , as begot in them then a devout contrition , and at least resolutions to amend their lives ; and having done that , he would take them ( though never so poor ) to dinner with him , and use them friendly , and dismiss them with his blessing , and perswasions to a vertuous life , and beg them to believe him : and his humility , and charity , and other christian excellencies were all like this . of all which the reader may inform himself in his life , truly writ and printed before his sermons . and in this year also , the very prudent and very wise lord elsmere , who was so very long lord chancellor of england , and then of oxford , resigning up the last , the right honourable , and as magnificent , william herbert earl of pembroke , was chose to succeed him . and in this year our late king charles the first ( then prince of wales ) came honourably attended to oxford ; and having deliberately visited the university , the schools , colledges , and libraries , he and his attendants were entertained with ceremonies and feasting sutable to their dignity and merirs . and this year king iames sent letters to the university for the regulating their studies ; especially of the young divines : advising they should not rely on modern sums and systemes , but study the fathers and councils , and the more primitive learning . and this advice was occasioned by the indiscreet inferences made by very many preachers out of mr. calvin's doctrine concerning predestination , vniversal redemption , the irresistibility of god's grace , and of some other knotty points depending upon these ; points which many think were not , but by interpreters forc'd to be mr. calvin's meaning ; of the truth or falshood of which , i pretend not to have an ability to judge ; my meaning in this relation being only to acquaint the reader with the occasion of the king's letter . it may be observed , that the various accidents of this year did afford our proctor large and laudable matter to relate and discourse upon : and , that though his office seem'd , according to statute and custome , to require him to do so at his leaving it ; yet he chose rather to pass them over with some very short observations , and present the governours , and his other hearers , with rules to keep up discipline and order in the university ; which at that time was either by defective statutes , or want of the due execution of those that were good , grown to be extreamly irregular . and in this year also , the magisterial part of the proctor requir'd more diligence , and was more difficult to be managed than formerly , by reason of a multiplicity of new statutes , which begot much confusion ; some of which statutes were then , and others suddenly after , put into a useful execution . and though these statutes were not then made so perfectly useful , as they were design'd , till archbishop laud's time ( who assisted in the forming and promoting them ; ) yet our present proctor made them as effectual as discretion and diligence could do : of which one example may seem worthy the noting ; namely , that if in his night-walk he met with irregular scholars absent from their colledges at university hours , or disordered by drink , or in scandalous company , he did not use his power of punishing to an extremity ; but did usually take their names , and a promise to appear before him unsent for next morning : and when they did , convinced them with such obligingness , and reason added to it , that they parted from him with such resolutions as the man after god's own heart was possess'd with , when he said , there is mercy with thee , and therefore thou shalt be feared . and by this , and a like behaviour to all men , he was so happy as to lay down this dangerous imployment , as but very few , if any have done , even without an enemy . after his speech was ended , and he retir'd with a friend into a convenient privacy ; he look'd upon his friend with a more than common chearfulness , and spake to him to this purpose . i look back upon my late imployment with some content to my self , and a great thankfulness to almighty god , that he hath made me of a temper not apt to provoke the meanest of mankind , but rather to pass by infirmities , if noted ; and in this imployment i have had ( god knows ) many occasions to do both . and when i consider how many of a contrary temper , are by sudden and small occasions transported and hurried by anger to commit such errors , as they in that passion could not foresee , and will in their more calm and deliberate thoughts upbraid , and require repentance : and consider , that though repentance secures us from the punishment of any sin , yet how much more comfortable it is to be innocent , than need pardon : and consider , that errors against men , though pardon'd both by god and them , do yet leave such anxious and upbraiding impressions in the memory , as abates of the offender's content : when i consider all this , and that god hath of his goodness given me a temper that hath prevented me from running into such enormities , i remember my temper with joy and thankfulness . and though i cannot say with david ( i wish i could ) that therefore his praise shall always be in my mouth ; yet i hope , that by his grace , and that grace seconded by my endeavours , it shall never be blotted out of my memory ; and i now beseech almighty god that it never may . and here i must look back , and mention one passage more in his proctorship , which is ; that gilbert sheldon , the late lord archbishop of canterbury , was this year sent to trinity colledge in that university ; and not long after his entrance there , a letter was sent after him from his godfather ( the father of our proctor ) to let his son know it , and commend his god-son to his acquaintance , and to more than a common care of his behaviour ; which prov'd a pleasing injunction to our proctor , who was so gladly obedient to his fathers desire , that he some few days after sent his servitor to intreat mr. sheldon to his chamber next morning . but it seems mr. sheldon having ( like a young man as he was ) run into some such irregularity as made him cautious he had transgress'd his statutes , did therefore apprehend the proctor's invitation as an introduction to punishment ; the fear of which made his bed restless that night ; but at their meeting the next morning , that fear vanished immediately by the proctor's chearful countenance , and the freedom of their discourse of friends . and let me tell my reader , that this first meeting prov'd the beginning of as spirituala friendship as human nature is capable of ; of a friendship free from all self ends : and it continued to be so , till death forc'd a separation of it on earth ; but 't is now reunited in heaven . and now , having given this account of his behaviour , and the considerable accidents in his proctorship , i proceed to tell my reader , that this busie imployment being ended , he preach'd his sermon for his degree of batchelor in divinity , in as eligant latin , and as remarkable for the matter , as hath been preach'd in that university since that day . and having well perform'd his other exercises for that degree , he took it the nine and twentieth of may following , having been ordain'd deacon and priest in the year 1611. by iohn king , then bishop of london , who had not long before been dean of christ-church , and then knew him so well , that he became his most affectionate friend . and in this year , being then about the 29th . of his age , he took from the university a licence to preach . in the year 1618. he was by sir nicholas sanderson , lord viscount castleton , presented to the rectory of wibberton , not far from boston , in the county of lincoln , a living of very good value ; but it lay in so low and wet a part of that countrey , as was inconsistent with his health . and health being ( next to a good conscience ) the greatest of god's blessings in this life , and requiring therefore of every man a care and diligence to preserve it , he , apprehending a danger of losing it if he continued at wibberton a second winter , did therefore resign it back into the hands of his worthy kinsman and patron , about one year after his donation of it to him . and about this time of his resignation he was presented to the rectory of boothby pannel in the same county of lincoln ; a town which has been made famous , and must continue to be famous , because dr. sanderson , the humble and learned dr. sanderson , was more than 40 years parson of boothby pannel , and from thence dated all , or most of his matchless writings . to this living ( which was of less value , but a purer air than wibberton ) he was presented by thomas harrington of the same county and parish , esq who was a gentleman of a very ancient family , and of great use and esteem in his countrey during his whole life . and in this boothby pannel the meek and charitable dr. sanderson and his patron liv'd with an endearing , mutual , and comfortable friendship , till the death of the last put a period to it . about the time that he was made parson of boothby pannel , he resign'd his fellowship of lincoln colledge unto the then rector and fellows : and his resignation is recorded in these words : ego robertus sanderson per , &c. i robert sanderson , fellow of the colledge of st. maries and all-saints , commonly call'd lincoln colledge , in the university of oxford , do freely and willingly resign into the hands of the rector and fellows , all the right and title that i have in the said colledge , wishing to them and their successors , all peace , and piety , and happiness , in the name of the father , and of the son , and of the holy ghost . amen . may 6. 1619 robert sanderson . and not long after this resignation , he was by the then bishop of york , or the king , sede vacante , made prebend of the collegiate church of southwell in that diocese ; and shortly after of lincoln by the bishop of that see. and being now resolv'd to set down his rest in a quiet privacy at boothby pannel , and looking back with some sadness upon his removal from his general acquaintance left in oxford , and the peculiar pleasures of a university life ; he could not but think the want of society would render this of a countrey parson the more uncomfortable , by reason of that want of conversation ; and therefore he did put on some saint purposes to marry . for he had considered , that though marriage be cumbred with more worldly care than a single life ; yet a complying and prudent wife changes those very cares into so mutual a content , as makes them become like the sufferings of st. paul , which he would not have wanted , because they occasioned his rejoycing in them . and he having well considered this , and observ'd the secret unutterable joys that children beget in parents , and the mutual pleasures and contented trouble of their daily care and constant endeavours to bring up those little images of themselves so , as to make them as happy as all those cares and endeavours can make them : he having considered all this , the hopes of such happiness turn'd his faint purpose into a positive resolution to marry . and he was so happy as to obtain anne , the daughter of henry nelson batchelor in divinity , then rector of haugham in the county of lincoln ( a man of noted worth and learning . ) and the giver of all good things was so good to him , as to give him such a wife as was sutable to his own desires ; a wife , that made his life happy by being always content when he was chearful ; that divided her joys with him , and abated of his sorrow , by bearing a part of that burthen ; a wife , that demonstrated her affection by a chearful obedience to all his desires , during the whole course of his life ; and at his death too , for she out-liv'd him . and in this boothby pannel he either found or made his parishioners peaceable , and complying with him in the decent and regular service of god. and thus his parish , his patron , and he liv'd together in a religious love , and a contented quietness . he not troubling their thoughts by preaching high and useless notions , but such plain truths as were necessary to be known , believed , and practised , in order to their salvation . and their assent to what he taught was testified by such a conformity to his doctrine , as declared they believ'd and lov'd him . for he would often say , that without the last , the most evident truths ( heard as from an enemy , or an evil liver ) either are not , or are at least the less effectual ; and do usually rather harden , than convince the hearer . and this excellent man did not think his duty discharged by only reading the church prayers , catechizing , preaching , and administring the sacraments seasonably ; but thought ( if the law or the canons may seem to injoyn no more , yet ) that god would require more than the defective laws of man's making , can or does injoyn ; the performance of that inward law , which almighty god hath imprinted in the conscience of all good christians , and inclines those whom he loves to perform . he considering this , did therefore become a law to himself , practicing what his conscience told him was his duty , in reconciling differences , and preventing law-suits , both in his parish and in the neighbourhood . to which may be added his often visiting sick and disconsolate families , perswading them to patience , and raising them from dejection and his advice and chearful discourse , and by adding his own alms , if there were any so poor as to need it ; considering how acceptable it is to almighty god , when we do as we are advis'd by st. paul , help to bear one anothers burthen , either of sorrow or want : and what a comfort it will be , when the searcher of all hearts shall call us to a strict account for that evil we have done , and the good we have omitted , to remember we have comforted and been helpful to a dejected or distressed family . and that his practice was to do good , one example may be , that he met with a poor dejected neighbour that complain'd he had taken a meadow , the rent of which was 9 l. a year ; and when the hay was made ready to be carried into his barn , several days constant rain had so raised the water , that a sudden flood carried all away , and his rich landlord would bate him no rent ; and that unless he had half abated , he and seven children were utterly undone . it may be noted , that in this age there are a sort of people so unlike the god of mercy , so void of the bowels of pity , that they love only themselves and children ; love them so , as not to be concern'd , whether the rest of mankind waste their days in sorrow or shame ; people that are curst with riches , and a mistake that nothing but riches can make them and theirs happy . but 't was not so with dr. sanderson ; for he was concern'd , and spoke comfortably to the poor dejected man ; bade him go home and pray , and not load himself with sorrow , for he would go to his landlord next morning , and if his landlord would not abate what he desired , he and a friend would pay it for him . to the landlord he went the next day ; and in a conference , the doctor presented to him the sad condition of his poor dejected tenant ; telling him how much god is pleas'd when men compassionate the poor : and told him , that though god loves sacrifice , yet he loves mercy so much better , that he is pleas'd when call'd the god of mercy . and told him , the riches he was possest of were given him by that god of mercy , who would not be pleas'd , if he that had so much given , yea , and forgiven him too , should prove like the rich steward in the gospel , that took his fellow servant by the throat to make him pay the utmost farthing . this he told him . and told him , that the law of this nation ( by which law he claims his rent ) does not undertake to make men honest or merciful ; but does what it can to restrain men from being dishonest or unmerciful , and yet was defective in both : and that taking any rent from his poor tenant , for what god suffered him not to enjoy , though the law allowed him to do so , yet if he did so , he was too like that rich steward which he had mentioned to him ; and told him that riches so gotten , and added to his great estate , would , as iob says , prove like gravel in his teeth , would in time so corrode his conscience , or become so nauseous when he lay upon his death-bed , that he would then labour to vomit it up , and not be able : and therefore advis'd him , being very rich , to make friends of his unrighteous mammon , before that evil day come upon him : but however , neither for his own sake , nor for god's sake , to take any rent of his poor dejected sad tenant , for that were to gain a temporal , and lose his eternal happiness . these and other such reasons , were urg'd with so grave and so compassionate an earnestness , that the landlord forgave his tenant the whole rent . the reader will easily believe that dr. sanderson , who was himself so meek & merciful , did suddenly and gladly carry this comfortable news to the dejected tenant ; and will believe , that at the telling of it there was a mutual rejoycing . 't was one of iob's boasts , that he had seen none perish for want of clothing : and that he had often made the heart of the widow to rejoyce . and doubtless dr. sanderson might have made the same religious boast of this , and very many like occasions . but since he did not , i rejoyce that i have this just occasion to do it for him ; and that i can tell the reader , i might tire my self and him in telling how like the whole course of dr. sanderson's life was to this which i have now related . thus he went on in an obscure and quiet privacy , doing good daily both by word and by deed , as often as any occasion offer'd it self ; yet not so obscurely , but that his very great learning , prudence , and piety were much noted and valued by the bishop of his diocese , and by most of the nobility and gentrey of that country . by the first of which he was often summon'd to preach many visitation sermons , and by the latter at many assizes . which sermons , though they were much esteemed by them that procur'd and were fit to judge them ; yet they were the less valued , because he read them , which he was forc'd to do ; for though he had an extraordinary memory ( even the art of it ) yet he had such an inmate , invincible fear and bashfulness , that his memory was wholly useless , as to the repetition of his sermons as he had writ them , which gave occasion to say , when they were first printed and expos'd to censure ( which was in the year 1632 ) that the best sermons that were ever read , were never preach'd . in this contented obscurity he continued , till the learned and good archbishop laud , who knew him well in oxford ( for he was his contemporary there told the king ( 't was the knowing and conscientious king charles the i. ) that there was one mr. sanderson , an obscure countrey minister , that was of such sincerity , and so excellent in all casuistical learning , that he desir'd his majesty would make him his chaplain . the king granted it most willingly , & gave the bishop charge to hasten it , for he long'd , to discourse with a man that had dedicated his studies to that useful part of learning . the bishop forgot not the king's desire , and mr. sanderson was made his chaplain in ordinary in november following , 1631. and when they became known to each other , the king did put many cases of conscience to him , and receiv'd from him such deliberate , safe , and clear solutions , as gave him great content in conversing with him : so that at the end of his months attendance , the king told him , he should long for the next november ; for he resolv'd to have a more inward acquaintance with him , when that month and he return'd . and when the month and he did return , the good king was never absent from his sermons , and would usually say , i carry my ears to hear other preachers , but i carry my conscience to hear mr. sanderson , and to act accordingly . and this ought not to be conceal'd from posterity , that the king thought what he spake : for he took him to be his adviser in that quiet part of his life , and he prov'd to be his comforter in those days of his affliction , when he apprehended himself to be in danger of death or deposing . of which more hereafter . in the first parliament of this good king ( which was 1625. ) he was chosen to be a clerk of the convocation for the diocese of lincoln , which i here mention , because about that time did arise many disputes about predestination , and the many critical points that depend upon , or are interwoven in it ; occasioned , as was said , by a disquisition of new principles of mr. calvin's ( though others say they were before his time . ) but of these dr. sanderson then drew up for his own satisfaction such a scheme ( he call'd it pax ecclesia ) as then gave himself , and hath since given others such satisfaction , that it still remains to be of great estimation among the most learned . he was also chosen clerk of all the convocations during that good kings reign . which i here tell my reader , because i shall hereafter have occasion to mention that convocation in 1640. the unhappy long parliament , and some debates of the predestination points , as they have been since charitably handled betwixt him , the learned dr. hammond , and dr. pierce , the now reverend dean of salisbury . in the year 1636. his majesty then in his progress took a fair occasion to visit oxford , and to take an entertainment for two days for himself and honourable attendants , which the reader ought to believe was sutable to their dignities : but this is mentioned , because at the king 's coming thither dr. sanderson did attend him , and was then ( the 31 of august ) created doctor of divinity ; which honour had an addition to it , by having many of the nobility of this nation then made doctors and masters of art with him : some of whose names shall be recorded and live with his ( and none shall out-live it . ) first dr. curle and dr. wren , who were then bishops of winton and of norwich ( and had formerly taken their degrees in cambridge ) were with him created doctors of divinity in his university . so was merick the son of the learned izaak causabon ; and prince rupert ( who still lives ) the then duke of lenox , earl of hereford , earl of essex , of barkshire , and very many others of noble birth ( too many to be named ) were then created masters of arts. some years before the unhappy long parliament , this nation being then happy and in peace ( though inwardly sick of being well ) namely in the year 1639. a discontented party of the scots church were zealously restless for another reformation of their kirk government ; and to that end created a new covenant , for the general taking of which they pretended to petition the king for his assent , and that he would injoyn the taking of it by all of that nation : but this petition was not to be presenred to him by a committee of eight or ten men of their fraternity , but by so many thousands , and they so arm'd , as seem'd to force an assent to what they seem'd to request ; so that though forbidden by the king , yet they entred england , and in their heat of zeal took and plunder'd new-castle , where the king was forc'd to meet them with an army ; but upon a treaty and some concessions , he sent them back ( though not so rich as they intended , yet ) for that time without blood-shed : but oh , this peace and this covenant were but the forerunners of war and the many miseries that followed : for in the year following there were so many chosen into the long parliament , that were of a conjunct council with these very zealous , and as factious reformes , as begot such a confusion by the several desires and designs in many of the members of that parliament , and at last in the very common people of this nation , that they were so lost by contrary designs , fears and confusions , as to believe the scots and their covenant would restore them to their former tranquillity . and to that end the presbyterian party of this nation did again , in the year 1643. invite the scotch covenanters back into england : and hither they came marching with it gloriously upon their pikes , and in their hats , with this motto , for the crown and covenant of both kingdoms . this i saw , and suffer'd by it . but when i look back upon the ruine of families , the bloodshed , the decay of common honesty , and how the former piety and plain dealing of this now sinful nation is turned into cruelty and cunning , i praise god that he prevented me from being of that party which help'd to bring in this covenant , and those sad confusions that have follow'd it , and i have been the bolder to say this of my self , because in a sad discourse with dr. sanderson i heard him make the like grateful acknowledgement . this digression is intended for the better information of the reader in what will follow concerning dr. sanderson . and first , that the covenanters of this nation , and their party in parliament , made many exceptions against the common prayer and ceremonies of the church , and seem'd restless for a reformation : and though their desires seem'd not reasonable to the king and the learned dr. laud , then archbishop of canterbury ; yet to quiet their consciences , and prevent future confusion , they did in the year 1641. desire dr. sanderson to call two more of the convocation to advise with him , and that he would then draw up some such safe alterations as he thought fit in the service book , and abate some of the ceremonies that were least material , for satisfying their consciences ; and to this end they did meet together privately twice a week at the dean of westminster's house ( for the space of 3 months or more . ) but not long after that time , when dr. sanderson had made the reformation ready for a view , the church and state were both fall'n into such a confusion , that dr. sanderson's model for reformation became then useless . nevertheless , his reputation was such , that he was in the year 1642. propos'd by both houses of parliament to the king then in oxford , to be one of their trustees for the settling of church affairs , and was allowed of by the king to be so ; but that treaty came to nothing . in the year 1643. the 2 houses of parliament took upon them to make an ordinance , and call an assembly of divines , to debate and settle some church controversies ( of which many were very unfit to judges : ) in which dr. sanderson was also named ; but did not appear , i suppose for the same reason that many other worthy and learned men did forbear , the summons wanting the king's authority . and here i must look back and tell the reader , that in the year 1642. he was ( iuly 21. ) named by a more undoubted authority to a more noble imployment , which was to be professor regius of divinity in oxford ; but though knowledge be said to puff up , yet his modesty and too mean an opinion of his great abilities , and some other real or pretended reasons ( exprest in his speech , when he first appeared in the chair , and since printed ) kept him from entring into it till octobor 1646. he did for about a years time continue to read his matchless lectures , which were first de iuramento , a point very difficult , and at that time very dangerous to be handled as it ought to be . but this learned man , as he was eminently furnished with abilities to satisfie the consciences of men upon that important subject ; so he wanted not courage to assert the true obligation of oaths in a degenerate age , when men had made perjury a main part of their religion . how much the learned world stands obliged to him for these and his following lectures de conscientia , i shall not attempt to declare , as being very sensible , that the best pens must needs fall short in the commendation of them : so that i shall only add , that they continue to this day , and will do for ever , as a compleat standard for the resolution of the most material doubts in casuistical divinity . and therefore i proceed to tell the reader , that about the time of his reading those lectures ( the king being then prisoner in the isle of wight ) the parliament had sent the covenant , the negative oath , and i know not what more , to be taken by the doctor of the chair , and all heads of houses : and all other inferiour scholars of what degree soever , were all to take these oaths by a sixed day , and those that did not , to abandon their colledge and the university too , within 24 hours after the beating of a drum ; for if they remain'd longer , they were to be proceeded against as spies . dr. laud then archbishop of canterbury , the earl of strafford , and many others , had been formerly murthered by this wicked parliament , but the king yet was not ; and the university had yet some faint hopes that in a treaty then in being , or pretended to be suddenly , there might be such an agreement made between king and parliament , that the dissenters in the university might both preserve their consciences and subsistance which they then enjoyed by their colledges . and being possess'd of this mistaken hope , that the parliament were not yet grown so merciless as not to allow manifest reason for their not submitting to the enjoyn'd oaths , the university appointed twenty delegates to meet , consider , and draw up a manifesto to the parliament , why they could not take those oaths but by violation of their consciences : and of these delegates dr. sheldon ( late archbishop of canterbury dr. hammond , dr. sanderson , dr. morley ( now bishop of winchester ) and that most honest , and as judicious civil lawyer , dr. zouch , were a part , the rest i cannot now name ; but the whole number of the delegates requested dr. zouch to draw up the law part , and give it to dr. sanderson , and he was requested to methodize and add what referr'd to reason and conscience , and put it into form : he yielded to their desires , and did so . and then after they had been read in a full convocation , and allow'd of , they were printed in latin , that the parliaments proceedings and the universities sufferings might he manifested to all nations ; and the imposers of these oaths might repent , or answer them : but they were past the first ; and for the latter , i might swear they neither can , nor ever will. and these reasons were also suddenly turn'd into english by dr. sanderson , that those of these three kingdoms might the better judge of the loyal parties sufferings . about this time the independants ( who were then grown to be the most powerful part of the army ) had taken the king from a close to a more large imprisonment , and by their own pretences to liberty of conscience , were obliged to allow somewhat of that to the king , who had in the year 1646. sent for dr. sanderson dr. hammond , dr. sheldon ( the late archbishop of canterbury ) and dr. morley ( the now bishop of winchester ) to attend him , in order to advise with them , how far he might with a good conscience comply with the proposals of the parliament for a peace in church and state ; but these having been then denied him by the presbyterian parliament , were now allow'd him by those in present power . and as those other divines , so dr. sanderson gave his attendance on his majesty also in the isle of wight , preach'd there before him , and had in that attendance many , both publick and private conferences with him , to his majesties great satisfaction . at which time he desir'd dr. sanderson , that being the parliament had propos'd to him the abolishing of episcopal government in the church , as inconsistent with monarchy , that he would consider of it , and declare his judgment : he undertook to do so , and did it ; but it might not be printed till our king 's happy restoration , and then it was . and at dr. sanderson's taking his leave of his majesty in this last attendance on him , the king requested him to betake himself to the writing cases of conscience for the good of posterity . to which his answer was , that he was now grown old , and unfit to write cases of conscience . but the king was so bold with him , as to say , it was the simplest answer be ever heard from dr. sanderson ; for no young man was fit to be a judge , or write cases of conscience . and let me here take occasion to tell the reader this truth , not commonly known , that in one of these conferences this conscientious king told dr. sanderson , or one of them that then waited with him , that the remembrance of two erro●● did much afflict him , which were , his assent to the earl of strafford's death , and the abolishing episcopacy in scotland ; and that if god ever restored him to be in a peaceable possession of his crown , he would demonstrate his repentance by a publick confession and a voluntary penance ( i think barefoot ) from the tower of london , or whitehall , to st. paul's church , and desire the people to intercede with god for his pardon . i am sure one of them told it me , lives still , and will witness it . and it ought to be observ'd , that dr. sanderson's lectures de juramento were so approv'd and valu'd by the king , that in this time of his imprisonment and solitude , he translated them into exact english , desiring dr. iuxson ( then bishop of london ) dr. hammond , and sir thomas herbert ( who then attended him ) to compare them with the original . the last still lives , and has declared it , with some other of that king's excellencies , in a letter under his own hand , which was lately shew'd me by sir william dugdale , king at arms. the book was design'd to be put into the king's library at st iames's , but i doubt not now to be found there . i thought the honour of the author and the translator to be both so much concern'd in this relation , that it ought not to be conceal'd from the reader , and 't is therefore here inserted . i now return to dr. sanderson in the chair in oxford , where they that comply'd not in taking the covenant , negative oath , and parliament ordinance for church discipline and worship , were under a sad and daily apprehension of expulsion ; for the visiters were daily expected , and both city and university full of souldiers , and a party of presbyterian divines , that were as greedy and ready to possess , as the ignorant and ill-natur'd visiters were to eject the dissenters out of their colledges and livelyhoods : but notwithstanding dr. sanderson did still continue to read his lecture , and did to the very faces of those presbyterian divines and souldiers , read with so much reason , and with a calm fortitude make such applications , as if they were not , they ought to have been asham'd , and beg'd pardon of god and him , and forborn to do what follow'd . but these thriving sinners were hardned ; and as the visiters expel'd the orthodox , they , without scruple or shame , possest themselves of their colledges ; so that with the rest , dr. sanderson was ( in iune 1648. ) forc'd to pack up and be gone , and thank god he was not imprison'd , as dr. sheldon , dr. hammond , and others then were . i must now again look back to oxford , and tell my reader , that the year before this expulsion , when the university had deny'd this subscription , & apprehended the danger of that visitation which followed , they sent dr. morley , then canon of christ-church ( now lord bishop of winchester ) and others , to petition the parliament for recalling the injunction , or a mitigation of it , or accept of their reasons why they could not take the oaths injoyn'd them ; and the petition was by parliament referr'd to a committee to hear and report the reasons to the house , and a day set for hearing them . this done , dr. morley and the rest went to inform and fee counsel , to plead their cause on the day appointed : but there had been so many committed for pleading , that none durst undertake it ; for at this time the priviledges of that parliament were become a noli me tangere , as sacred and useful to them , as traditions ever were , or are now to the church of rome , their number must never be known , and therefore not without danger to be meddled with . for which reason dr. morley was forc'd , for want of counsel , to plead the universities reasons for not complyance with the parliaments injunctions ; and though this was done with great reason , and a boldness equal to the justice of his cause ; yet the effect of it was , but that he and the rest appearing with him were so fortunate , as to return to oxford without commitment . this was some few days before the visiters and more soldiers were sent down to drive the dissenters out of the university . and one that was at this time of dr. morley's pleading a powerful man in the parliament , and of that committee , observing dr. morley's behaviour and reason , and inquiring of him , and hearing a good report of his morals , was therefore willing to afford him a peculiar favour ; and that he might express it , sent for me that relate this story , and knew dr. morley well , and told me , he had such a love for dr. morley , that knowing he would not take the oaths , and must therefore be ejected his colledge , and leave oxford , he desired i would therefore write to him to ride out of oxford when the visiters came into it , and not return till they left it , and he should be sure then to return in safety ; and that he should without taking any oath or other molestation , enjoy his canons place in his colledge . i did receive this intended kindness with a sudden gladness , because i was sure the party had a power , and as sure he meant to perform it , and did therefore write the doctor word ; and his answer was , that i must not fail to return my friend ( who still lives ) his humble and undissembled thanks , though he could not accept of his intended kindness ; for when the dean , dr. gardner , dr. paine , dr. hammond , dr. sanderson , and all the rest of the colledge , were turn'd out , except dr. wall , he should take it to be , if not a sin , yet a shame to be left behind with him only . dr. wall i knew , and will speak nothing of him , for he is dead . it may be easily imagined , with what a joyful willingness these self-loving reformers took possession of all vacant preferments , and with what reluctance others parted with their beloved colledges and subsistance : but their consciences were dearer than their subsistance , and out they went ; the reformers possessing them without shame or scruple , where i will leave these scruple-mongers , and make an account of the then present affairs of london , to be the next imployment of my readers patience . and in london all the bishops houses were turn'd to be prisons , and they fill'd with divines , that would not take the covenant , or forbear reading common prayer , or that were accus'd for some faults like these . for it may be noted , that about this time the parliament set out a proclamation to incourage all lay-men that had occasion to complain of their ministers for being troublesome or scandalous , or that conformed not to orders of parliament , to make their complaint to a committee for that purpose ; and the minister , though 100 miles from london , should appear there and give satisfaction , or be sequestred ; ( and you may be sure no parish could want a covetous , or malicious , or cross-grain'd complainant : ) by which means all prisons in london , and in some other places , became the sad habitations of conforming divines . and about this time the bishop of canterbury having been by an unknown law condemned to die , and the execution suspended for some days , many of the malicious citizens fearing his pardon , shut up their shops , professing not to open them till justice was executed . this malice and madness is scarce credible , but i saw it . the bishops had been voted out of the house of parliament , & some upon that occasion sent to the tower , which made many covenanters rejoyce , and believe mr. brightman ( who probably was a a good and well meaning man ) to be inspir'd in this comment on the apocalyps , an abridgment of which was now printed , and cal'd mr. brightman 's revelation of the revelation . and though he was grosly mistaken in other things , yet ; because he had made the churches of geneva and scotland , which had no bishops , to be philadelphia in the apocalyps , the angel that god loved ; and the power of prelacy to be antichrist , the evil angel , which the house of commons had now so spued up , as never to recover their dignity : therefore did those covenanters approve and applaud mr. brightman for discovering and foretelling the bishops downfall ; so that they both rail'd at them , and rejoyc'd to buy good pennyworths of their land , which their friends of the house of commons , did afford them as a reward of their diligent assistance to pull them down . and the bishops power being now vacated , the common people were made so happy , as every parish might choose their own minister , and tell him when he did , and when he did not preach true doctrine : and by this and like means several churches had several teachers , that pray'd and preach'd for and against one another ; and ingag'd their hearers to contend furiously for truths which they understood not ; some of which i shall mention in the discourse that follows . i have heard of two men that in their discourse undertook to give a character of a third person ; and one concluded he was a very honest man , for he was beholding to him ; and the other that he was not , for he was not beholden to him . and something like this was in the designs both of the covenanters and independants ( the last of which were now grown both as numerous and as powerful as the former : ) for though they differed much in many principles , and preach'd against each other , one making it a sign of being in the state of grace , if we were but zealous for the covenant : and the other , that we ought to buy and sell by a measure , and to allow the same liberty of conscience to others , which we by scripture claim to our selves ; and therefore not to force any to swear the covenant contrary to their consciences , and loose both their livings and liberties too . though these differed thus in their conclusions , yet they both agreed in their practice to preach down common prayer , and get into the best sequestred livings ; and whatever became of the true owners , their wives and children , yet to continue in them without the least scruple of conscience . they also made other strange observations of election , reprobation , and free-will , and the other points dependent upon these ; such as the wisest of the common people were not fit to judge of : i am sure i am not ; though i must mention some of them historically in a more proper place , when i have brought my reader with me to dr. sanderson at boothby pannel . and in the way thither i must tell him , that a very covenanter and a scot too , that came into england with this unhappy covenant , was got into a good sequestred living by the help of a presbyterian parish , which had got the true owner out . and this scotch presbyterian being well settled in this good living , began to reform the church-yard , by cutting down a large ewe tree , and some other trees that were an ornament to the place , and very often a shelter to the parishioners ; who excepting against him for so doing , were answered , that the trees were his , and 't was lawful for every man to use his own as he , and not as they thought fit . i have hear'd ( but do not affirm it ) that no action lies against him that is so wicked as to steal the winding sheet of a dead body after 't is buried ; and have heard the reason to be , because none were supposed to be so void of humanity , and that such a law would vilifie that nation that would but suppose so vile a man to be born in it : nor would one suppose any man to do what this covenanter did . and whether there were any law against , him i know not ; but pity the parish the less for turning out their legal minister . we have now overtaken dr. sanderson at boothby parish , where he hop'd to have enjoy'd himself , though in a poor , yet in a quiet and desir'd privacy ; but it prov'd otherwise : for all corners of the nation were fill'd with covenanters , confusion , comittee-men and soldiers , serving each other to their several ends , of revenge , or power , or profit ; and these committee-men and soldiers were most of them so possest with this covenant , that they became like those that were infected with that dreadful plague of athens ; the plague of which plague was , that they by it became maliciously restless to get into company , and to joy ( so the historian * saith ) when they had infected others , even those of their most beloved or nearest friends or relations ; and though there might be some of these covenanters that were beguil'd , and meant well ; yet such were the generality of them , and temper of the times , that you may be sure dr. sanderson , who though quiet and harmless , yet an eminent dissenter from them , could not live peaceably ; nor did he : for the soldiers would appear , and visibly disturb him in the church when he read prayers , pretending to advise him how god was to be serv'd most acceptably : which he not approving , but continuing to observe order and decent behaviour in reading the church service , they forc'd his book from him , and tore it , expecting extemporary prayers . at this time he was advis'd by a parliament man of power and note , that lov'd and valued him much , not to be strict in reading all the common prayer , but make some little variation , especially if the soldiers came to watch him ; for then it might not be in the power of him and his other friends to secure him from taking the covenant , or sequestration : for which reasons he did vary somewhat from the strict rules of the rubrick . i will set down the very words of confession which he us'd , as i have it under his own hand ; and tell the reader that all his other variations were as little , & much like to this . his confession . o almighty god and merciful father , we thy unworthy servants do with shame and sorrow confess , that we have all our life long gone astray out of thy ways like lost sheep ; and that by following too much the vain devices and desires of our own hearts , we have grievously offended against thy holy laws both in thought , word and deed ; we have many times left undone those good duties , which we might and ought to have done ; and we have many times done those evils , when we might have avoided them , which we ought not to have done . we confess , o lord , that there is no health at all , nor help in any creature to relieve us ; but all our hope is in thy mercy , whose justice we have by our sins so far provoked : have mercy therefore upon us , o lord , have mercy upon us miserable offenders : spare us good god , who confess our faults , that we perish not ; but according to thy gracious promises declared unto mankind in christ iesus our lord , restore us upon our true repentance into thy grace and favour . and grant , o most merciful father , for his sake , that we henceforth study to serve and please thee by leading a godly , righteous , and a sober life , to the glory of thy holy name , and the eternal comfort of our own souls , through iesus christ our lord. amen . in these disturbances of tearing his service book , a neighbour came on a sunday , after the evening service was ended , to visit and condole with him for the affront offered by the soldiers . to whom he spake with a composed patience , and said ; god hath restored me to my desir'd privacy , with my wife and children , where i hop'd to have met with quietness , and it proves not so ; but i will labour to be pleas'd , because god , on whom i depend , sees 't is not fit for me to be quiet . i praise him , that he hath by his grace prevented me from making shipwrack of a good conscience to maintain me in a place of great reputation and profit : and though my condition be such , that i need the last ; yet i submit , for god did not send me into this world to do my own , but suffer his will , and i will obey it . thus by a sublime depending on his wise , and powerful , and pitiful creator , he did chearfully submit to what god had appointed , justifying the truth of that doctrine which he had preach'd . about this time that excellent book of the king's meditations in his solitude was printed , and made publick : and dr. sanderson was such a lover of the author , and so desirous that the whole world should see the character of him in that book , and something of the cause for which they suffer'd , that he design'd to turn it into latin : but when he had done half of it most excellently , his friend dr. earle prevented him , by appearing to have done the whole very well before him . about this time his dear and most intimate friend , the learned dr. hammond , came to enjoy a conversation and rest with him for some days , and did so . and having formerly perswaded him to trust his excellent memory , and not read , but try to speak a sermon as he had writ it . dr. sanderson became so complyant as to promise he would . and to that end they two went early the sunday following to a neighbour minister , and requested to exchange a sermon ; and they did so . and at dr. sanderson's going into the pulpit , he gave his sermon ( which was a very short one ) into the hand of dr. hammond , intending to preach it as 't was writ ; but before he had preach'd a third part , dr. hammond ( looking on his sermon as written ) observed him to be out , and so lost as to the matter , that he also became afraid for him ; for 't was discernable to many of the plain auditory : but when he had ended this short sermon , as they two walk'd homeward , dr. sanderson said with much earnestness , good doctor give me my sermon , and know , that neither you , nor any man living shall ever perswade me to preach again without my books . to which the reply was , good doctor be not angry ; for if i ever perswade you to preach again without book , i will give you leave to burn all those that i am master of . part of the occasion of dr. hammond's visit was at this time , to discourse dr. sanderson about some opinions , in which , if they did not then , they had doubtless differed formerly ; 't was about those knotty points , which are by the learned call'd the quinquarticular controversie ; of which i shall proceed , not to give any judgment ( i pretend not to that ) but some short historical account which shall follow . there had been , since the unhappy covenant was brought , and so generally taken in england , a liberty given or taken by many preachers ( those of london especially ) to preach and be too positive in the points of vniversal redemption , predestination , and those other depending upon these . some of which preach'd , that all men were , before they came into this world , so predestinated to salvation or damnation , that 't was not in their power to sin so , as to lose the first , nor by their most diligent endeavour to avoid the latter . others , that 't was not so ; because then god could not be said to grieve for the death of a sinner , when he himself had made him so by an inevitable decree , before he had so much as a being in this world ; affirming therefore , that man had some power left him to do the will of god , because he was advised to work out his salvation with fear and trembling ; maintaining , that 't is most certain , every man can do what he can to be saved ; and that he that does what he can to be saved , shall never be damned : and yet many that affirmed this , would confess , that that grace , which is but a perswasive offer , and left to us to receive or refuse , is not that grace which shall bring men to heaven . which truths , or untruths , or both , be they which they will , did upon these or the like occasions come to be searched into , and charitably debated betwixt dr. sanderson , dr. hammond , and dr. pierce ( the now reverend dean of salisbury ) of which i shall proceed to give some account , but briefly . in the year 1648. the 52 london ministers ( then a fraternity of ston colledge in that city ) had in a printed declaration aspers'd dr. hammond most heinously , for that he had in his practical catechism affirm'd , that our saviour died for the sins of all mankind . to jnstifie which truth , he presently makes a charitable reply ( as 't is now printed in his works . ) after which there were many letters past betwixt the said dr. hammond , dr. sanderson , and dr. pierce , concerning god's grace and decrees . dr. sanderson was with much unwillingness drawn into this debate ; for he declared it would prove uneasie to him , who in his judgment of god's decrees differ'd with dr. hammond ( whom he reverenced and loved dearly ) and would not therefore ingage him into a controversie , of which he could never hope to see an end : but they did all enter into a charitable disquisition of these said points in several letters , to the full satisfaction of the learned ; those betwixt dr. sanderson and dr. hammond being printed in his works ; and for what past betwixt him and the learned dr. pierce , i refer my reader to a letter annext to the end of this relation . i think the judgment of dr. sanderson was by these debates altered from what it was at his entrance into them ; for in the year 1632. when his excellent sermons were first printed in 4o. the reader may on the margent find some accusation of arminius for false doctrine ; and find , that upon a review and reprinting those sermons in folio in the year 1657. that accusation of arminius is omitted . and the change of his judgment seems more fully to appear in his said letter to dr. pierce . and let me now tell the reader , which may seem to be perplex'd with these several affirmations of god's decrees before mentioned , that dr. hammond , in a postscript to the last letter of dr. sanderson's , says , god can reconcile his own contradictions , and therefore advises all men , as the apostle does , to study mortification , and be wise to sobriety . and let me add further , that if these 52 ministers of sion colledge were the occasion of the debates in these letters ; they have , i think , been the occasion of giving an end to the quinquarticular controversie , for none have since undertaken to say more ; but seem to be so wise , as to be content to be ignorant of the rest , till they come to that place , where the secrets of all hearts shall be laid open . and let me here tell the reader also , that if the rest of mankind would , as dr. sanderson , not conceal their alteration of judgment , but confess it to the honour of god and themselves , then our nation would become freer from pertinacious disputes , and fuller of recantations . i cannot lead my reader to dr. hammond and dr. sanderson where we left them at boothby pannel , till i have look'd back to the long parliament , the society of covenanters in sion colledge , and those others scattered up and down in london , and given some account of their proceedings and usage of the late learned dr. laud , then archbishop of canterbury . and though i will forbear to mention the injustice of his death , and the barbarous usage of him , both then and before it ; yet my desire is , that what follows may be noted , because it does now , or may hereafter concern us , namely , that in his last sad sermon on the scaffold at his death , he having freely pardoned all his enemies , and humbly begg'd of god to pardon them , and besought those present to pardon and pray for him ; yet he seem'd to accuse the magistrates of the city , for suffering a sort of wretched people , that could not known why he was condemned , to go visibly up and down to gather hands to a petition , that the parliament would hasten his execution . and having declar'd how unjustly he thought himself to be condemned , and accus'd for endeavouring to bring in popery ( for that was one of the accusations for which he died ) he declar'd with sadness , that the several sects and divisions then in england ( which he had laboured to prevent ) were like to bring the pope a far greater harvest , than he could ever have expected without them . and said , these sects and divisions introduce prophaneness under the cloak of an imaginary religion ; and that we have lost the substance of religion by changing it into opinion ; and that by these means this church , which all the iesuits machinations could not ruine , was fall'n into apparent danger by those which were his accusers . to this purpose he spoke at his death : for this , & more of which , the reader may view his last sad sermon on the scaffold . and 't is here mentioned , because his dear friend dr. sanderson seems to demonstrate the same in his two large and remarkable prefaces before his two volumes of sermons ; and seems also with much sorrow to say the same again in his last will , made when he apprehended himself to be very near his death . and these covenanters ought to take notice of it , and to remember , that by the late wicked war began by them , dr. sanderson was ejected out of the professors chair in oxford ; and that if he had continued in it ( for he lived 14 years after ) both the learned of this and other nations , had been made happy by many remarkable cases of conscience , so rationally stated , and so briefly , so clearly , and so convincingly determin'd , that posterity might have joyed and boasted , that dr. sanderson was born in this nation , for the ease and benefit of all the learned that shall be born after him : but this benefit is so like time past , that they are both irrecoverably lost . i should now return to boothby pannel where we left dr. hammond and dr. sanderson together , but neither can be found there . for the first was in his journey to london , and the second seiz'd upon the day after his friends departure , and carried prisoner to lincoln , then a garison of the parliaments . for the pretended reason of which commitment , i shall give this following account . there was one mr. clarke , the minister of alington , a town not many miles from boothby pannel , who was an active man for the parliament and covenant ; one that , when belvoire castle ( then a garison for the parliament ) was taken by a party of the king's soldiers , was taken in it , & made a prisoner of war in newark , then a garison of the kings ; a man so active and useful for his party , that they became so much concern'd for his inlargement , that the committee of lincoln sent a troop of horse to seize and bring dr. sanderson a prisoner to that garison ; and they did so . and there he had the happiness to meet with many , that knew him so well as to treat him kindly ; but told him , he must continue their prisoner , till he should purchase his own inlargement by procuring an exchange for mr. clarke then prisoner in the king's garison of newark . there were many reasons given by the doctor of the injustice of his imprisonment , and the inequality of the exchange , but all were uneffectual : for done it must be , or he continue a prisoner . and in time done it was upon the following conditions . first , that dr. sanderson and mr. clarke being exchanged , should live undisturb'd at their own parishes ; and of either were injur'd by the soldiers of the contrary party , the other having notice of it , should procure him a redress , by having satisfaction made for his loss , or for any other injury ; or if not , he to be us'd in the same kind by the other party . nevertheless , dr. sanderson could neither live safe , nor quietly , being several times plundered , and once wounded in three places ; but he , apprehending the remedy might turn to a more intolerable burthen by impatience or complying , forbore both ; and possess'd his soul in a contented quietness , without the least repining . but though he could not enjoy the safety he expected by this exchange , yet by his providence that can bring good out of evil , it turn'd so much to his advantage , that whereas his living had been sequestred from the year 1644. and continued to be so till this time of his imprisonment , he , by the articles of war in this exchange for mr. clarke , procur'd his sequestration to be recall'd , and by that means injoy'd a poor but contented subsistence for himself , wife , and children , till the happy restoration of our king and church . in this time of his poor , but contented privacy of life , his casuistical learning , peaceful moderation and sincerity , became so remarkable , that there were many that apply'd themselves to him for resolution in cases of conscience ; some known to him , many not ; some requiring satisfaction by conference , others by letters ; so many , that his life became almost as restless as their minds ; yet he denied no man : and if it be a truth which holy mr. herbert says , that all worldly joys seem less , when compared with shewing mercy or doing kindnesses ; then doubtless dr. sanderson might have boasted for relieving so many restless and wounded consciences ; which , as solomon says , are a burthen that none can bear , though their fortitude may sustain their other infirmities : and if words cannot express the joy of a conscience relieved from such restless agonies ; then dr. sanderson might rejoyce , that so many were by him so clearly and conscientiously satisfied ; for he denied none , and would often praise god for that ability , and as often for the occasion , and that god had inclin'd his heart to do it , to the meanest of any of those poor , but precious souls , for which his saviour vouchsafed to be crucified . some of those very many cases that were resolved by letters , have been preserv'd and printed for the benefit of posterity ; as namely , 1. of the sabbath . 2. marrying with a recusant . 3. of unlawful love. 4. of a military life . 5. of scandal . 6. of a bond taken in the king's name . 7. of the ingagement . 8. of a rash vow . but many more remain in private hands , of which one is of symony ; and i wish the world might see it , that it might undeceive some patrons , who think they have discharg'd that great and dangerous trust , both to god and man , if they take no money for a living , though it may be parted with for other ends less justifiable . and in this time of his retirement , when the common people were amaz'd & grown giddy by the many falshoods and misapplications of truths frequently vented in sermons ; when they wrested the scripture by challenging god to be of their party , and call'd upon him in their prayers to patronize their sacriledge & zealous frenzies , in this time he did so compassionate the generality of this misled nation , that though the times threatned danger , yet he then hazarded his safety by writing the large and bold preface now extant before his last 20 sermons ( first printed in the year 1655. ) in which there was such strength of reason , with so powerful and clear convincing applications made to the non-conformists , as being read by one of those dissenting brethren , who was possess'd with such a spirit of contradiction , as being neither able to defend his error , nor yield to truth manifest ( his conscience having slept long and quietly in a good sequestred living ) was yet at the reading of it so awakened , that after a conflict with the reason he had met , and the dammage he was to sustain if he consented to it ( and being still unwilling to be so convinced , as to lose by being over-reason'd ) he went in haste to the bookseller of whom 't was bought , threatned him , and told him in anger , he had sold a book in which there was false divinity ; and that the preface had upbraided the parliament , and many godly ministers of that party for unjust dealing . to which his reply was ( 't was tim. garthwaite ) that 't was not his trade to judge of true or false divinity , but to print and sell books ; and yet if he , or any friend of his would write an answer to it , and own it by setting his name to it , he would print the answer , and promote the selling of it . about the time of his printing this excellent preface , i met him accidentally in london in sad-coloured clothes , and god knows , far from being costly : the place of our meeting was near to little britain , where he had been to buy a book , which he then had in his hand ; we had no inclination to part presently ; and therefore turn'd to stand in a corner under a penthouse ( for it began to rain ) and immediately the wind rose , and the rain increased so much , that both became so inconvenient , as to force us into a cleanly house , where we had bread , cheese , ale , & a fire for our money . this rain and wind were so obliging to me , as to force our stay there for at least an hour , to my great content and advantage ; for in that time he made to me many useful observations with much clearness and conscientious freedom . i shall relate a part of them , in hope they may also turn to the advantage of my reader . he seem'd to lament , that the parliament had taken upon them to abolish our liturgy , to the scandal of so many devout and learned men , and the disgrace of those many martyrs , who had seal'd the truth and use of it with their blood : and that no minister was now thought godly that did not decry it ; and , at least , pretend to make better prayers ex tempore : and that they , and only they that could do so , prayed by the spirit , and were godly ; though in their sermons they disputed , and evidently contradicted each other in their prayers . and as he did dislike this , so he did most highly commend the common prayer of the church , saying , the collects were the most passionate , proper , and most elegant expressions that any language ever afforded ; and that there was in them such piety , and that so interwoven with instructions , that they taught us to know the power , the wisdom , the majesty , and mercy of god , and much of our duty both to him and our neighbour ; and that a congregation behaving hemselves reverently , & putting up to god these joynt and known desires for pardon of sins , and praises for mercies receiv'd , could not but be more pleasing to god , than those raw unpremeditated expressions , to which many of the hearers could not say amen . and he then commended to me the frequent use of the psalter or psalms of david ; speaking to this purpose , that they were the treasury of christian comfort , fitted for all persons and all necessities ; able to raise the soul from dejection by the frequent mention of god's mercies to repentant sinners ; to stir up holy desires ; to increase joy ; to moderate sorrow ; to nourish hope , and teach us patience , by waiting god's leasure ; to beget a trust in the mercy , power , & providence of our creator ; & to cause a resignation of our selves to his will ; & then ( and not till then ) to believe our selves happy . this he said the liturgy and psalms taught us ; and that by the frequent use of the last they would not only prove to be our souls comfort , but would become so habitual , as to transform them into the image of his soul that composed them . after this manner he express'd himself concerning the liturgy & psalms ; & seem'd to lament that this , which was the devotion of the more primitive times , should in common pulpits be turn'd into needless debates about free-will , election , and reprobation , of which , and many like questions , we may be safely ignorant , because almighty god intends not to lead us to heaven by hard questions , but by meekness and charity , and a frequent practice of devotion . and he seem'd to lament very much , that by the means of irregular and indiscreet preaching , the generality of the nation were possess'd with such dangerous mistakes , as to think , they might be religious first , and then just and merciful ; that they might sell their consciences , and yet have something left that was worth keeping ; that they might be sure they were elected , though their lives were visibly scandalous ; that to be cunning was to be wise ; that to be rich was to be happy , though their wealth was got without justice or mercy ; that to be busie in things they understood not , was no sin . these , and the like mistakes he lamented much , and besought god to remove them , and restore us to that humility , sincerity , and singleheartedness , with which this nation was blest , before the unhappy covenant was brought into the nation , and every man preach'd and pray'd what seem'd best in his own eyes . and he then said to me , that the way to restore this nation to a more meek and christian temper , was to have the body of divinity ( or so much of it as was needful to be known ) to be put into 52 homilies or sermons , of such a length as not to exceed a third or fourth part of an hours reading ; and these needful points to be made so clear and plain , that those of a mean capacity might know what was necessary to be believed , and what god requires to be done ; and then some applications of trial and conviction : and these to be read every sunday of the year , as infallibly as the blood circulates the body ; and then as certainly begun again , and continued the year following : and that this being done , it might probably abate the inordinate desire of knowing what we need not , and practising what we know , and ought to do . this was the earnest desire of this prudent man. and , o that dr. sanderson had undertaken it ! for then in all probability it would have prov'd effectual . at this happy time of injoying his company and this discourse , he express'd a sorrow by saying to me , o that i had gone chaplain to that excellently accomplish'd gentleman , your friend , sir henry wootton ! which was once intended , when he first went ambassador to the state of venice : for by that imployment i had been forc'd into a necessity of conversing , not with him only , but with several men of several nations ; and might thereby have kept my self from my unmanly bashfulness , which has prov'd very troublesome , and not less inconvenient to me ; and which i now fear is become so habitual as never to leave me : and by that means i might also have known , or at least have had the satisfaction of seeing one of the late miracles of general learning , prudence , and modesty , sir henry woottons dear friend , padre paulo , who , the author of his life says , was born with a bashfulness as invincible , as i have found my own to be : a man whose fame must never die , till vertue and learning shall become so useless as not to be regarded . this was a part of the benefit i then had by that hours conversation : and i gladly remember and mention it , as an argument of my happiness , and his great humility and condescention . i had also a like advantage by another happy conference with him , which i am desirous to impart in this place to the reader . he lamented much , that in many parishes , where the maintenance was not great , there was no minister to officiate ; and that many of the best sequestred livings were possess'd with such rigid covenanters as denied the sacrament to their parishioners , unless upon such conditions , and in such a manner as they could not take it . this he mentioned with much sorrow , saying , the blessed sacrament did , by way of preparation for it , give occasion to all conscientious receivers to examine the performance of their vows , since they received their last seal for the pardon of their sins past ; and to examine and research their hearts , and make penitent reflexions on their failings ; and that done , to bewail them , and then make new vows or resolutions to obey all god's commands , and beg his grace to perform them . and this done , the sacrament repairs the decays of grace , helps us to conquer infirmities , gives us grace to beg god's grace , and then gives us what we beg ; makes us still hunger and thirst after his righteousness , which we then receive , and being assisted with our endeavours , will still so dwell in us , as to become our satisfaction in this life , and our comfort on our last sick-beds . the want of this blessed benefit he lamented much , and pitied their condition that desired , but could not obtain it . i hope i shall not disoblige my reader , if i here inlarge into a further character of his person and temper . as first , that he was moderately tall ; his behaviour had in it much of a plain comliness , and very little ( yet enough ) of ceremony or courtship ; his looks and motion manifested affability and mildness , and yet he had with these a calm , but so matchless a fortitude , as secur'd him from complying with any of those many parliament injunctions , that interfer'd with a doubtful conscience . his learning was methodical and exact ; his wisdome useful ; his integrity visible ; and his whole life so unspotted , that all ought to be preserved as copies for posterity to write after ; the clergy especially , who with impure hands ought not to offer sacrifice to that god , whose pure eyes abhorr iniquity . there was in his sermons no improper rhetorick , nor such perplex'd divisions , as may be said to be like too much light , that so dazles the eyes that the sight becomes less perfect : but there was therein no want of useful matter , nor waste of words ; and yet such clear distinctions as dispel'd all confus'd notions , and made his hearers depart both wiser , and more confirm'd in vertuous resolutions . his memory was so matchless and firm , as 't was only overcome by his bashfulness ; for he alone , or to a friend , could repeat all the odes of horace , all tully's offices , and much of iuvenal and persius without book ; and would say , the repetition of one of the odes of horace to himself was to him such musick , as a lesson on the viol was to others , when they play'd it to themselves or friends . and though he was blest with a clearer judgment than other men ; yet he was so distrustful of it , that he did over-consider of consequences , and would so delay and reconsider what to determine , that though none ever determin'd better , yet , when the bell toll'd for him to appear and read his divinity lectures in oxford , and all the scholars attended to hear him , he had not then , or not till then , resolv'd and writ what he meant to determine ; so that that appear'd to be a truth , which his old dear friend dr. sheldon would often say , namely , that his judgment was so much superiour to his phancy , that whatsoever this suggested , that dislik'd and controul'd ; still considering and reconsidering , till his time was so wasted , that he was forc'd to write , not ( probably ) what was best , but what he thought last . and yet what he did then read , appear'd to all hearers to be so useful , clear , and satisfactory , as none ever determin'd with greater applause . these tiring and perplexing thoughts begot in him an aversness to enter into the toyl of considering and determining all casuistical points ; because during that time , they neither gave rest to his body or mind . but though he would not be always loden with these knotty points and distinctions ; yet the study of old records , genealogies , and heraldry , were a recreation , and so pleasing , that he would say they gave rest to his mind . of the last of which i have seen two remarkable volumes ; and the reader needs neither to doubt their truth or exactness . and this humble man had so conquer'd all repining and ambitious thoughts , and with them all other unruly passions , that , if the accidents of the day prov'd to his danger or dammage , yet he both began and ended it with an even and undisturbed quietness : always praising god that he had not withdrawn food and raiment from him and his poor family ; nor suffered him to violate his conscience for his safety , or to support himself or them in a more splendid or plentiful condition ; and that he therefore resolv'd with david , that his praise should be always in his mouth . i have taken a content in giving my reader this character of his person , his temper , and some of the accidents of his life past ; and more might be added of all : but i will with sorrow look forward to the sad days , in which so many good men suffered , about the year 1658. at which time dr. sanderson was in a very low condition as to his estate : and in that time mr. robert boyle ( a gentleman of a very noble birth , and more eminent for his liberality , learning , and vertue , and of whom i would say much more , but that he still lives ) having casually met with , and read his lectures de iuramento , to his great satisfaction , and being informed of dr. sanderson's great innocence and sincerity , and that he and his family were brought into a low condition by his not complying with the parliaments injunctions , sent him by his dear friend dr. barlow ( the now learned bishop of lincoln ) 50 l. and with it a request and promise : the request was , that he would review the lectures de conscientia , which he had read when he was doctor of the chair in oxford , and print them for the good of posterity ; ( and this dr. sanderson did in the year 1659. ) and the promise was , that he would pay him that , or a greater sum if desir'd , during his life , to inable him to pay an amanuensis , to ease him from the trouble of writing what he should conceive or dictate . for the more particular account of which , i refer my reader to a letter writ by the said dr. barlow , which i have annexed to the end of this relation . towards the end of this year 1659. when the many mixt sects , and their creators and merciless protectors , had led or driven each other into a whirl-pool of confusion : when amazement and fear had seiz'd them , and their accusing consciences gave them an inward and fearful intelligence , that the god which they had long serv'd , was now ready to pay them such wages as he does always reward witches with for their obeying him : when these wretches were come to foresee an end of their cruel reign , by our king's return ; and such sufferers as dr. sanderson ( and with him many of the oppressed clergy and others ) could foresee the cloud of their afflictions would be dispers'd by it : then , in the beginning of the year following , the king was by god restored to us , and we to our known laws and liberties ; and a general joy and peace seem'd to breath through the 3 nations . then were the suffering clergy freed from their sequestration , restor'd to their revenues , and to a liberty to adore , praise , and pray to god in such order as their consciences and oaths had formerly obliged them . and the reader will easily believe that dr. sanderson and his dejected family rejoyc'd to see this day , and be of this number . it ought to be considered ( which i have often heard or read ) that in the primitive times men of learning and vertue were usually sought for , and sollicited to accept of episcopal government , and often refus'd it . for they conscientiously considered , that the office of a bishop was made up of labour and care : that they were trusted to be god's almoners of the churches revenue , and double their care for the poor : to live strictly themselves , and use all diligence to see that their familie , officers , and clergy did so : and that the account of that stewardship must at the last dreadful day be made to the searcher of all hearts : and that in the primitive times they were therefore timorous to undertake it . it may not be said that dr. sanderson was accomplish'd with these , and all the other requisites requir'd in a bishop , so as to be able to answer them exactly ; but it may be affirm'd , as a good preparation , that he had at the age of 73 years ( for he was so old at the king's return ) fewer faults to be pardon'd by god or man , than are apparent in others in these days , in which ( god knows ) we fall so short of that visible sanctity and zeal to god's glory , which was apparent in the days of primitive christianity . this is mentioned by way of preparation to what i shall say more of dr. sanderson ; and namely , that at the king's return dr. sheldon , the late prudent bishop of canterbury ( than whom none knew , valued , or lov'd dr. sanderson more or better ) was by his majesty made a chief trustee to commend to him fit men to supply the then vacant bishopricks . and dr. sheldon knew none fitter than dr. sanderson , and therefore humbly desired the king that he would nominate him : and that done , he did as humbly desire dr. sanderson that he would for gods and the churches sake , take that charge and care upon him . dr. sanderson had , if not an unwillingness , certainly no forwardness to undertake it , and would often say , he had not led himself , but his friend would now lead him into a temptation , which he had daily pray'd against ; and besought god , if he did undertake it , so to assist him with his grace , that the example of his life , his cares and endeavours , might promote his glory , and help forward the salvation of others . this i have mentioned as a happy preparation to his bishoprick , and am next to tell that he was consecrated bishop of lincoln at westminster the 28 th of october , 1660. there was about this time a christian care taken , that those whose consciences were ( as they said ) tender , and could not comply with the service and ceremonies of the church , might have satisfaction given by a friendly debate betwixt a select number of them , and some like number of those that had been sufferers for the church service and ceremonies , and now restor'd to liberty ; of which last some were then preferr'd to power and dignity in the church . and of these bishop sanderson was one , and then chose to be a moderator in that debate : and he perform'd his trust with much mildness , patience , and reason , but all prov'd uneffectual : for there be some propositions like jealousies , which ( though causless , yet ) cannot be remov'd by reasons as apparent as demonstration can make any truth . the place appointed for this debate was the savoy in the strand : and the points debated were , i think , many ; some affirmed to be truth and reason , some denied to be either ; and these debates being then in words , proved to be so loose and perplex'd , as satisfied neither party . for sometime that which had been affirmed was immediately forgot or deny'd , and so no satisfaction given to either party . but that the debate might become more useful , it was therefore resolv'd that the day following the desires and reasons of the non-conformists should be given in writing , and they in writing receive answers from the conforming party . and though i neither now can , nor need to mention all the points debated , nor the names of the dissenting brethren : yet i am sure mr. baxter was one , and am sure what shall now follow , was one of the points debated . concerning a command of lawful superiours , what was sufficient to its being a lawful command ; this proposition was brought by the confirming party . that command which commands an act in it self lawful , and no other act or circumstance unlawful , is not sinful . mr. baxter denied it for two reasons , which he gave in with his own hand in writing thus : one was , because that may be a sin per accidens , which is not so in it self , and may be unlawfully commanded , though that accident be not in the command . another was , that it may be commanded under an unjust penalty . again , this proposition being brought by the conformists , that command which commandeth an act in it self lawful , and no other act whereby any unjust penalty is injoyned , nor any circumstance whence per accidens any sin is consequent which the commander ought to provide against , is not sinful . mr. baxter denied it for this reason then given in with his own hand in writing , thus : because the first act commanded may be per accidens unlawful , and be commanded by an unjust penalty , though no other act or circumstance commanded be such . again , this proposition being brought by the conformists , that command which commandeth an act in it self lawful , and no other act whereby any unjust penalty is injoyned , nor any circumtance whence directly or per accidens any sin is consequent , which the commander ought to provide against , hath in it all things requisite to the lawfulness of a command , and particularly cannot be guilty of commanding an act per accidens unlawful , nor of commanding an act under an unjust penalty . mr. baxter denied it upon the same reasons . peter gunning . iohn pearson . these were then two of the disputants , still live , and will attest this ; one being now lord bishop of ely , and the other of chester . and the last of them told me very lately , that one of the dissenters ( which i could , but forbear to name ) appear'd to dr. sanderson to be so bold , so troublesome , and so illogical in the dispute , as forc'd patient dr. sanderson ( who was then bishop of lincoln , and a moderator with other bishops ) to say with an unusual earnestness , that he had never met with a man of more pertinacious confidence , and less abilities in all his conversation . but though this debate at the savoy was ended without any great satisfaction to either party , yet both parties knew the desires , and understood the abilities of the other much better than before it : and the late distressed clergy , that were now restor'd to their former rights and power , did at their next meeting in convocation contrive to give the dissenting party satisfaction by alteration , explanation , and addition to some part both of the rubrick and common prayer , as also by adding some new necessary collects , and a particular collect of thanksgiving . how many of those new collects were worded by dr. sanderson , i cannot say ; but am sure the whole convocation valued him so much , that he never undertook to speak to any point in question , but he was heard with great willingness and attention ; and when any point in question was determin'd , the convocation did usually desire him to word their intentions , and as usually approve & thank him . at this convocation the common prayer was made more compleat , by adding 3 new necessary offices ; which were , a form of humiliation for the murther of king charles the martyr ; a thanksgiving for the restoration of his son our king ; and for the baptizing of persons of riper age . i cannot say dr. sanderson did form or word them all , but doubtless more than any single man of the convocation ; and he did also , by desire of the convocation , alter & add to the forms of prayers to be used at sea ( now taken into the service book ) and it may be noted , that william , the now right reverend bishop of canterbury , was in these imployments diligently useful , especially in helping to rectifie the kalendar and rubrick . and lastly it may be noted , that for the satisfying all the dissenting brethren and others , the convocations reasons for the alterations and additions to the liturgy , were by them desir'd to be drawn up by dr. sanderson ; which being done by him , and approv'd by them , was appointed to be printed before the liturgy , and may be known by this title , — the preface : and begins thus — it hath been the wisdom of the church — . i shall now follow him to his bishoprick , and declare a part of his behaviour in that busie and weighty imployment . and first , that it was with such condescention and obligingness to the meanest of his clergy , as to know and be known to them . and indeed he practis'd the like to all men of what degree soever , especially to his old neighbours or parishioners of boothby pannel ; for there was all joy at his table when they came to visit him : then they pray'd for him , and he for them with an unfeigned affection . i think it will not be deny'd but that the care and toyl required of a bishop , may justly challenge the riches & revenue with which their predecessors had lawfully endow'd them ; and yet he sought not that so much , as doing good both to the present age and posterity ; and he made this appear by what follows . the bishops chief house at buckden , in the county of huntington , the usual residence of his predecessors ( for it stands about the midst of his diocese ) having been at his consecration a great part of it demolish'd , and what was left standing under a visible decay , was by him undertaken to be erected and repair'd ; and it was perform'd with great speed , care , and charge . and to this may be added , that the king having by an injunction commended to the care of the bishops , deans , and prebends of all cathedral churches , the repair of them , their houses , and augmentation of small vicarages ; he , when he was repairing bugden , did also augment the last , as fast as fines were paid for renewing leases : so fast , that a friend taking notice of his bounty , was so bold as to advise him to remember , he was under his first fruits , and that he was old , and had a wife and children yet but meanly provided for , especially if his dignity were considered . to whom he made a mild and thankful answer , saying , it would not become a christian bishop to suffer those houses built by his predecessors , to be ruin'd for want of repair ; and less justifiable to suffer any of those that were call'd to so high a calling as to sacrifice at god's altar , to eat the bread of sorrow constantly , when he had a power by a small augmentation to turn it into the bread of chearfulness : and wish ' d , that as this was , so it were also in his power to make all mankind happy , for he desired nothing more . and for his wife and children , he hop'd to leave them a competence ; and in the hands of a god , that would provide for all that kept innocence , and trusted his providence and protection , which he had always found enough to make and keep him happy . there was in his diocese a minister of almost his age , that had been of lincoln colledge when he left it , who visited him often , and always welcome , because he was a man of innocence and open-heartedness : this minister asked the bishop what books he studied most , when he laid the foundation of his great and clear learning ? to which his answer was , that he declin'd reading many ; but what he did read , were well chosen , and read so often , that he became very familiar with them ; and said they were chiefly three , aristotle's rhetorick , aquinas's secunda secundae , and tully , but chiefly his offices , which he had not read over less than 20 times , and could at this age say without book . and told him also , the learned civilian doctor zouch ( who died lately ) had writ elementa jurisprudentiae , which was a book that he could also say without book ; and that no wise man could read it too often , or love , or commend too much ; and told him these had been his toyl : but for himself , he always had a natural love to genealogies and heraldry ; and that when his thoughts were harassed with any perplext studies , he left off , and turned to them as a recreation ; and that his very recreation had made him so perfect in them , that he could in a very short time give an account of the descent , arms , & antiquity of any family of the nobility or gentry of this nation . before i give an account of dr. sanderson's last sickness , i desire to tell the reader that he was of a healthful constitution , chearful and mild , of an even temper , very moderate in his diet , and had had little sickness , till some few years before his death ; but was then every winter punish'd with a diarrhea , which left him not till warm weather return'd and remov'd it : and this distemper did , as he grew elder , seize him oftner , and continue longer with him . but though it weakned him , yet it made him rather indispos'd than sick , and did no way disable him from studying ( indeed too much . ) in this decay of his strength , but not of his memory or reason ( for this distemper works not upon the understanding ) he made his last will , of which i shall give some account for confirmation of what hath been said , and what i think convenient to be known , before i declare his death and burial . he did in his last will give an account of his faith and perswasion in point of religion and church government , in these very words : i robert sanderson dr. of divinity , an unworthy minister of iesus christ , and by the providence of god bishop of lincoln , being by the long continuance of an habitual distemper brought to a great bodily weakness and faintness of spirits , but ( by the great mercy of god ) without any bodily pain otherwise , or decay of understanding , do make this my will and testament ( written all with my own hand ) revoking all former wills by me heretofore made , if any such shall be found . first , i commend my soul into the hands of almighty god , as of a faithful creator , which i humbly beseech him mercifully to accept , looking upon it , not as it is in it self ( infinitely polluted with sin ) but as it is redeemed and purged with the precious blood of his only beloved son , and my most sweet saviour iesus christ , in confidence of whose merits and mediation alone it is , that i cast my self upon the mercy of god for the pardon of my sins , and the hopes of eternal life . and here i do profess , that as i have lived , so i desire , and ( by the grace of god ) resolve to dye in the communion of the catholick church of christ , and a true son of the church of england ; which , as it stands by law established , to be both in doctrine and worship agreeable to the word of god , and in the most , and most material points of both , conformable to the faith and practice of the godly churches of christ in the primitive and purer times , i do firmly believe : led so to do , not so much from the force of custom and education ( to which the greatest part of mankind owe their particular different perswasions in point of religion ) as upon the clear evidence of truth and reason , after a serious and unpartial examination of the grounds , as well of popery as puritanism , according to that measure of understanding , and those opportunities which god hath afforded me : and herein i am abundantly satisfied , that the schism which the papists on the one hand , and the superstition which the puritan on the other hand , lay to our charge , are very justly chargeable upon themselves respectively . wherefore i humbly beseech almighty god , the father of mercies , to preserve the church by his power and providence , in peace , truth , and godliness , evermore to the worlds end : which doubtless he will do , if the wickedness and security of a sinful people ( and particularly those sins that are so rise , and seem daily to increase among us , of unthankfulness , riot , and sacriledge ) do not tempt his patience to the contrary . and i also farther humbly beseech him , that it would please him to give unto our gracious sovereign , the reverend bishops , and the parliament , timely to consider the great danger that visibly threatens this church in point of religion by the late great increase of popery , and in point of revenue by sacrilegious enclosures ; and to provide such wholesome and effectual remedies as may prevent the same before it be too late . and for a further manifestation of his humble thoughts and desires , they may appear to the reader , by another part of his will which follows . as for my corruptible body , i bequeath it to the earth whence it was taken , to be decently buried in the parish church of bugden , towards the upper end of the chancel , upon the second , or ( at the farthest ) the third day after my decease ; and that with as little noise , pomp , and charge as may be , without the invitation of any person how near soever related unto me , other than the inhabitants of bugden ; without the unnecessary expence of escocheons , gloves , ribons , &c. and without any blacks to be hung any where in or about the house or church , other than a pulpit cloth , a hearse cloth , and a mourning gown for the preacher ; whereof the former ( after my body shall be interred ) to be given to the preacher of the funeral sermon , and the latter to the curat of the parish for the time being . and my will further is , that the funeral sermon be preached by my own houshold chaplain , containing some wholesome discourse concerning mortality , the resurrection of the dead , and the last iudgment ; and that he shall have for his pains 5 l. upon condition , that he speak nothing at all concerning my person , either good or ill , other than i my self shall direct ; only signifying to the auditory that it was my express will to have it so . and it is my will , that no costly monument be erected for my memory , but only a fair flot marble stone to be laid over me , with this inscription in legible roman characters , depositum roberti sanderson nuper lin●●lniencis episcopi , qui obiit anno domini mdclxii . & aetatis suae septuagesimo sexto , hic requiescit in spe beatae resurrectionis . this manner of burial , although i cannot but foresee it will prove unsatisfactory to sundry my nearest friends and relations , and be apt to be censured by others , as an evidence of my too much parsimony and narrowness of mind , as being altogether unusual , and not according to the mode of these times ; yet it is agreeable to the sense of my heart , and i do very much desire my will may be carefully observed herein , hoping it may become exemplary to some or other : at least howsoever testifying at my death ( what i have so often and earnestly professed in my life time ) my utter dislike of the flatteries commonly used in funeral sermons , and of the vast expences otherwise laid out in funeral solemnities and entertainments , with very little benefit to any , which ( if bestowed in pious and charitable works ) might redound to the publick or private benefit of many persons . i am next to tell , that he died the 29 th of ianuary , 1662. and that his body was buried in bugden the third day after his death ; and for the manner , that 't was as far from ostentation as he desir'd it ; and all the rest of his will was as punctually performed . and when i have ( to his just praise ) told this truth , that he died far from being rich , i shall return back to visit , and give a further account of him on his last sick-bed . his last will ( of which i have mentioned a part ) was made about three weeks before his death , about which time finding his strength to decay by reason of his constant infirmity , and a consumptive cough added to it , he retir'd to his chamber , expressing a desire to enjoy his last thoughts to himself in private , without disturbance or care , especially of what might concern this world . and that none of his clergy ( which are more numerous than any other bishops ) might suffer by his retirement , he did by commission impower his chaplain , mr. pullin , with episcopal power to give institutions to all livings or church preferments , during this his disability to do it himself . in this time of his retirement he long'd for his dissolution ; and when some that lov'd him pray'd for his recovery , if he at any time found any amendment , he seem'd to be displeas'd , by saying , his friends said their prayers backward for him : and that 't was not his desire to live a useless life , and by filling up a place keep another out of it , that might do god and his church service . he would often with much joy and thankfulness mention , that during his being a house-keeper ( which was more than 40 years ) there had not been one buried out of his family , and that he was now like to be the first . he would also often mention with thankfulness , that till he was threescore years of age , he had never spent 5s . in law , nor ( upon himself ) so much in wine : and rejoyc'd much that he had so liv'd , as never to cause an hours sorrow to his good father ; and hop'd he should die without an enemy . he in this retirement had the church prayers read in his chamber twice every day ; and at nine at night some prayers read to him and a part of his family out of the whole duty of man. as he was remarkably punctual and regular in all his studies and actions ; so he us'd himself to be for his meals . and his dinner being appointed to be constantly ready at the ending of prayers , and he expectcting and calling for it , was answered , it would be ready in a quarter of an hour . to which his reply was , a quarter of an hour ? is a quarter of an hour nothing to a man that probably has not many hours to live . and though he did live many hours after this , yet he liv'd not many days ; for the day after ( which was three days before his death ) he was become so weak and weary of either motion or sitting , that he was content , or forc'd to keep his bed . in which i desire he may rest , till i have given some account of his behaviour there , and immediately before it . the day before he took his bed ( which was three days before his death ) he , that he might receive a new assurance for the pardon of his sins past , and be strengthned in his way to the new ierusalem , took the blessed sacrament of the body and blood of his , and our blessed iesus , from the hands of his chaplain mr. pullin , accompanied with his wife , children , and a friend , in as awful , humble , and ardent a manner , as outward reverence could express . after the praise and thanksgiving for it was ended , he spake to this purpose ; thou , o god , took'st me out of my mothers womb , and hast been the powerful protector of me to this present moment of my life ; thou hast neither forsaken me now i am become grey-headed , nor suffered me to forsake thee in the late days of temptation , and sacrifice my conscience for the preservation of my liberty or estate . 't was by grace that i have stood , when others have fallen under my trials : and these mercies i now remember with joy and thankfulness ; and my hope and desire is , that i may die praising thee . the frequent repetition of the psalms of david hath been noted to be a great part of the devotion of the primitive christians : the psalms having in them not only prayers and holy instructions , but such commemorations of god's mercies , as may preserve comfort , and confirm our dependance on the power , and providence , and mercy of our creator . and this is mention'd in order to telling , that as the holy psalmist said , that his eyes should prevent both the dawning of the day and the night watches , by meditating on god's word : so 't was dr. sanderson's constant practice every morning to entertain his first waking thoughts with a repetition of those very psalms , that the church hath appointed to be constantly read in the daily morning service ; and having at night laid him in his bed , he as constantly clos'd his eyes with a repetition of those appointed for the service of the evening , remembring & repeating the very psalms appointed for every day ; and as the month had formerly ended and began again , so did this exercise of his devotion . and if his first waking thoughts were of the world , or what concern'd it , he would arraign and condemn himself for it . thus he began that work on earth , which is now his imployment in heaven . after his taking his bed , and about a day before his death , he desir'd his chaplain , mr. pullin , to give him absolution : and at his performing that office , he pull'd off his cap , that mr. pullin might lay his hand upon his bare head . after this desire of his was satisfied , his body seem'd to be at more ease , and his mind more chearful ; and he said , lord , forsake me not now my strength faileth me , but continue thy mercy , and let my mouth be filled with thy praise . he continued the remaining night and day very patient , and thankful for any of the little offices that were perform'd for his ease and refreshment ; and during that time , did often say the 103 psalm to himself , and very often these words , my heart is fixed , o god , my heart is fixed where true joy is to be found . his thought sseem'd now to be wholly of death , for which he was so prepar'd , that that king of terrors could not surprise him as a thief in the night ; for he had often said , he was prepar'd , and long'd for it . and as this desire seem'd to come from heaven ; so it left him not , till his soul ascended to that region of blessed spirits , whose imployments are to joyn in consort with him , and sing praise and glory to that god , who hath brought them to that place , into which sin and sorrow cannot enter . thus this pattern of meekness and primitive innocence chang'd this for a better life . 't is now too late to wish that my life may be like his ; for i am in the eighty fifth year of my age ; but i humbly beseech almighty god , that my death may ; and do as earnestly beg of every reader to say amen . blessed is the man in whose spirit there is no guile . postscript . if i had had time to have review'd this relation , as i intended , before it went to the press , i could have contracted some , and altered other parts of it ; but 't was hastned from me , and now too late for this impression . if there be a second ( which the printer hopes for ) i shall both do that , and upon information , mend any mistake , or supply what may seem wanting . i. w. dr. pierce's letter . good mr. walton , at my return to this place , i made a yet stricter search after the letters long ago sent me from our most excellent dr. sanderson before the happy restoration of the king and church of england to their several rights ; in one of which letters more especially , he was pleas'd to give me a narrative both of the rise , and the progress , and reasons also , as well of his younger , as of his last and riper judgment , touching the famous points controverted between the calvinians and the arminians , as they are commonly ( though unjustly & unskilfully ) miscalled on either side . the whole letter i allude to does consist of several sheets , whereof a good part has been made publick long ago by the most learned , most judicious , most pious dr. hammond ( to whom i sent it both for his private , and for the publick satisfaction , if he thought fit ) in his excellent book , intituled [ a pacifick discourse of god's grace and decrees , in full accordance with dr. sanderson : ] to which discourse i referr you for an account of dr. sanderson , and the history of his thoughts in his own hand-writing , wherein i sent it to westwood , as i receiv'd it from boothby pannel . and although the whole book ( printed in the year 1660. and reprinted since with his other tracts in folio ) is very worthy of your perusal ; yet for the work you are about , you shall not have need to read more at present , than from the 8 th to the 23 th page , and as far as the end of § . 33. there you will find in what year the excellent man , whose life you write , became a master of arts. how his first reading of learned hooker had been occasioned by certain puritanical pamphlets ; and how good a preparative he found it for his reading of calvin's institutions , the honour of whose name ( at that time especially ) gave such credit to his errors . how he erred with mr. calvin ( whilst he took things upon trust ) in the sublapsarian way . how being chosen to be a clerk of the convocation for the diocese of lincol , 1625. he reduced the quinquarticular controversie into five schemes or tables ; and thereupon discerned a necessity of quitting the sublapsarian way ( of which he had before a better liking ) as well as the supralapsarian , which he could never phancy . there you will meet with his two weighty reasons against them both ; and find his happy change of iudgment to have been ever since the year 1625 , even 34 years before the world either knew , or ( at least ) took notice of it . and more particularly his reasons for rejecting dr. twiss ( or the way he walks in ) although his acute , and very learned and ancient friend . * i now proceed to let you know from dr. sanderson's own hand , which was never printed ( and which you can hardly know from any , unless from his son , or from my self ) that , when that parliament was broken up , and the convocation therewith dissolved , a gentleman of his acquaintance , by occasion of some discourse about these points , told him of a book not long before published at paris ( a. d. 1623. ) by a † spanish bishop , who had undertaken to clear the differences in the great controversie de concordiâ gratiae & liberi arbitrij . and because his friend perceived he was greedily desirous to see the book ; he sent him one of them , containing the four first books of twelve which he intended then to publish . when i had read ( says dr. sanderson in the following words of the same letter ) his epistle dedicatory to the pope ( greg. 15. ) he spake so highly of his own invention , that i then began rather to suspect him for a mountebank , than to hope i should find satisfaction from his performances . i found much confidence , and great pomp of words , but little matter as to the main knot of the business , other than had been said an hundred times before , to wit , of the coexistence of all things past , present , and future in mente divinâ realiter ab aeterno , which is the subject of his whole third book ; only he interpreteth the word realiter so , as to import not only praesentialitatem objectivam ( as others held before him ) but propriam & actualem existentiam . yet confesseth 't is hard to make this intelligible . in his fourth book he endeavours to declare a twofold manner of god's working ad extra ; the one sub ordine praedestinationis , of which eternity is the proper measure ; the other sub ordine gratiae , whereof time is the measure . and that god worketh fortiter in the one ( though not irresistibiliter ) as well as suaviter in the other , wherein the freewill hath his proper working also . from the result of his whole performance i was confirmed in this opinion , that we must acknowledge the work of both ( grace and free-will ) in the conversion of a sinner . and so likewise in all other events , the consistency of the infallibility of god's foreknowledge at least ( though not with any absolute , but conditional predestination ) with the liberty of man's will , and the contingency of inferiour causes and effects . these , i say , we must acknowledge for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : but for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i thought it bootless for me to think of comprehending it . and so came the two acta synodalia dordrectana to stand in my study , only to fill up a room to this day . and yet see the restless curiosity of man. not many years after , to wit a.d. 1632. out cometh dr. twiss his vindiciae gratiae ; a large volume purposely writ against arminius . and then notwithstanding my former resolution , i must needs be medling again . the respect i bore to his person and great learning , and the long acquaintance i had had with him in oxford , drew me to the reading of that whole book . but from the reading of it ( for i read it through to a syllable ) i went away with many and great dissatisfactions . sundry things in that book i took notice of , which brought me into a greater dislike of his opinion than i had before . but especially these three : first , that he bottometh very much of his discourse upon a very erroneous principle , which yet he seemeth to be so deeply in love with , that he hath repeated it ( i verily believe ) some hundreds of times in that work : to wit this , [ that whatsoever is first in the intention is last in execution , and è converso . ] which is an error of that magnitude , that i cannot but wonder , how a person of such acuteness and subtilty of wit could possibly be deceived with it . all logicians know , there is no such universal maxim as he buildeth upon . the true maxim is but this , finis qui primus est in intentione , est ultimus in executione . in the order of final causes , and the means used for that end , the rule holdeth perpetually : but in other things it holdeth not at all , or but by chance ; or not as a rule , and necessarily . secondly , that , foreseeing such consequences would naturally and necessarily follow from his opinion , as would offend the ear of a sober christian at the very first sound , he would yet rather choose not only to admit the said harsh consequences , but professedly indeavour also to maintain them , and plead hard for them in large digressions , than to recede in the least from that opinion which he had undertaken to defend . thirdly , that seeing ( out of the sharpness of his wit ) a necessity of forsaking the ordinary sublapsarian way , and the supralapsarian too , as it had diversly been declared by all that had gone before him ( for the shunning of those rocks , which either of those ways must unavoidably cast him upon ) he was forced to seek out an untroden path , and to frame out of his own brain a new way ( like a spider's web wrought out of her own bowels ) hoping by that device to salve all absurdities could be objected ; to wit , by making the glory of god ( as it is indeed the chiefest , so ) the only end of all other his decrees , and then making all those other decrees to be but one entire coordinate medium conducing to that one end , and so the whole subordinate to it , but not any one part thereof subordinate to any other of the same . dr. twiss should have done well to have been more sparing in imputing the studium partium to others , wherewith his own eyes ( though of eminent perspicacity ) were so strangely blindfolded , that he could not discern , how this his new device , and his old dearly beloved principle ( like the cadmean sparti ) do mutually destroy the one the other . this relation of my pass'd thoughts having spun out to a far greater length than i intended , i shall give a shorter accompt of what they now are concerning these points . for which account i referr you to the following parts of dr. hammonds book aforesaid , where you may find them already printed . and for another account at large of bishop sanderson's last judgment concerning god's concurrence or non-concurrence with the actions of men , and the positive entity of sins of commission , i referr you to his letters already printed by his consent , in my large appendix to my impartial inquiry into the nature of sin. §. 68 . p. 193. as far as p. 200. sir , i have rather made it my choice to transcribe all above out of the letters of dr. sanderson which lie before me , than venture the loss of my originals by post or carrier , which ( though not often , yet ) sometimes fail . make use of as much , or as little as you please , of what i send you from himself ( because from his own letters to me ) in the penning of his life , as your own prudence shall direct you ; using my name for your warranty in the account given of him , as much or as little as you please too . you have a performance of my promise , and an obedience to your desires from north-tidworth , march 5. 1677 / 8 ; your affectionate humble servant , tho. pierce . the bishop of lincoln's letter . my worthy friend mr. walton , i am heartily glad , that you have undertaken to write the life of that excellent person , and ( both for learning and piety ) eminent prelate , dr. sanderson , late bishop of lincoln ; because i know your ability to know , and integrity to write truth : and sure i am , that the life and actions of that pious and learned prelate will afford you matter enough for his commendation , and the imitation of posterity . in order to the carrying on your intended good work , you desire my assistance , that i would communicate to you such particular passages of his life , as were certainly known to me . i confess i had the happiness to be particularly known to him for about the space of 20 years , and ( in oxon ) to injoy his conversation , and his learned and pious instructions while he was regius professor of divinity there . afterwards , when ( in the time of our late unhappy confusions ) he left oxon , and was retir'd into the countrey , i had the benefit of his letters ; wherein ( with great candor and kindness ) he answered those doubts i propos'd and gave me that satisfaction , which i neither had , nor expected from some others of greater confidence , but less judgment and humility . having ( in a letter ) named two or three books writ ( ex professo ) against the being of any original sin ; and that adam ( by his fall ) transmitted some calamity only , but no crime to his posterity ; the good old man was exceedingly troubled , and bewailed the misery of those licentious times , and seem'd to wonder ( save that the times were such ) that any should write , or be permitted to publish any error so contradictory to truth , and the doctrine of the church of england , established ( as he truly said ) by clear evidence of scripture , and the just and supreme power of this nation , both sacred and civil . i name not the books , nor their authors , which are not unknown to learned men ( and i wish they had never been known ) because both the doctrine , and the unadvis'd abettors of it are ( and shall be ) to me apocryphal . another little story i must not pass in silence , being an argument of dr. sanderson's piety , great ability and judgment as a casuist . discoursing with an † honourable person ( whose piety i value more than his nobility and learning , though both be great ) about a case of conscience concerning oaths and vows , their nature and obligation ; in which ( for some particular reasons ) he then desired more fully to be inform'd ; i commended to him dr. sanderson's book de iuramento : which having read ( with great satisfaction ) he as'kd me , if i thought the doctor could be induced to write cases of conscience , if he might have an honorary pension allow'd him , to furnish him with books for that purpose ? i told him i believ'd he would : and ( in a letter to the doctor ) told him what great satisfaction that honourable person ( and many more ) had reaped by reading his book de iuramento ; and ask'd him , whether he would be pleased ( for the benefit of the church ) to write some tract of cases of conscience ? he reply'd , that he was glad that any had received any benefit by his books : and added further , that if any future tract of his could bring such benefit to any , as we seem'd to say his former had done , he would willingly ( though without any pension ) set about that work . having receiv'd this answer , that honourable person ( before mention'd ) did ( by my hands ) return 50 l. to the good doctor ( whose condition then ( as most good mens at that time were ) was but low ) and he presently revised , finished , and published that excellent book de conscientiâ . a book little in bulk ; but not so if we consider the benefit an intelligent reader may receive by it . for there are so many general propositions concerning conscience , the nature and obligation of it , explained and proved with such firm consequence and evidence of reason , that he who reads , remembers and can ( with prudence ) pertinently apply them hic & nunc to particular cases , may ( by their light and help ) rationally resolve a thousand particular doubts and scruples of conscience . here you may see the charity of that honourable person in promoting , and the piety and industry of the good doctor in performing that excellent work . and here i shall add the judgment of that learned and pious prelate concerning a passage very pertinent to our present purpose . when he was in oxon , and read his publick lectures in the schools as regius professor of divinity , and by the truth of his positions , and evidences of his proofs , gave great content and satisfaction to all his hearers ; especially in his clear resolutions of all difficult cases which occurr'd in the explication of the subject matter of his lectures ; a person of quality ( yet alive ) privately asked him , what course a young divine should take in his studies to inable him to be a good casuist ? his answer was , that a convenient understanding of the learned languages ( at least of hebrew , greek and latin ) and a sufficient knowledge of arts and sciences presuppos'd ; there were two things in humane literature , a comprehension of which would be of very great use , to inable a man to be a rational and able casuist , which otherwise was very difficult , if not impossible . 1. a convenient knowledge of moral philosophy ; especially that part of it which treats of the nature of humane actions : to know , quid sit actus humanus ( spontaneus , invitus , mixtus ) unde habent bonitatem & malitiam moralem ? an ex genere & objecto , vel ex circumstantiis ? how the variety of circumstances varies the goodness or evil of humane actions ? how far knowledge and ignorance may aggravate or excuse , increase or diminish the goodness or evil of our actions ? for every case of conscience being only this — is this action good or bad ? may i do it , or may i not ? he who ( in these ) knows not how and whence humane actions become morally good and evil , never can ( in hypothesi ) rationally and certainly determine , whether this or that particular action be so . 2. the second thing , which ( he said ) would be a great help and advantage to a casuist , was a convenient knowledge of the nature and obligation of laws in general : to know what a law is ; what a natural and a positive law ; what 's required to the latio , dispensatio , derogatio , vel abrogatio legis ; what promulgation is antecedently required to the obligation of any positive law ; what ignorance takes off the obligation of a law , or does excuse , diminish or aggravate the transgression : for every case of conscience being only this — is this lawful for me , or is it not ? and the law the only rule and measure , by which i must judge of the lawfulness or unlawfulness of any action : it evidently follows , that he , who ( in these ) knows not the nature and obligation of laws , never can be a good casuist , or rationally assure himself ( or others ) of the lawfulness or unlawfulness of actions in particular . this was the judgment and good counsel of that learned and pious prelate ; and having ( by long experience ) found the truth and benefit of it , i conceive , i could not without ingratitude to him , and want of charity to others , conceal it . — pray pardon this rude , and ( i fear ) impertinent scrible , which ( if nothing else ) may signifie thus much , that i am willing to obey your desires , and am indeed london , may 10. 1678 your affectionate friend , thomas lincoln . errata . in the preface , page the last , after that read i. in the life , p. 20. l. 5. for renew , r. review . p. 26. l. 16. for warily , r. rarely . p. 30. l. 13. for relate , r. dilate . p. 37. l. 11. for cautious , r conscious . p. 58. l. 10 for inmate , r. innate . p. 63. l. 5. for predestination , r. predestinarian . p. 126. l. 4. for complying , r. complaining . p. 161. l. 1. for propositions , r. prepossessions . bishop sanderson's judgment concerning submission to usurpers . london , printed for richard marriott , mdclxxviii . bishop sanderson's judgment concerning submission to usurpers . sir , whereas you desire to know what my judgment and practice is concerning the using or forbearing the establish'd liturgy ( either in whole , or in part ) in the publick service of god , and office of the church : if it be any satisfaction to your friend , i shall fully acquaint you what my practice is ( whereunto if my own judgment be not conform , i am , without all excuse , my own condemner ) and upon what considerations i have , according to the variation of the times , varied from my self therein . so long as my congregation continued unmixt with souldiers , as well after as before the promulgation of the ordinance of the two houses for the abolishing of the common prayer , i continued the use of it , as i had ever formerly done in the most peaceable and orderly times , not omitting those very prayers , the silencing whereof i could not but know to have been chiefly aim'd at in the ordinance ( viz. ) three for the king and queen and bishops ; and so i did also though some souldiers were casually present , till such time as a whole troop coming to quarter in the town ( with a purpose to continue a kind of garison or head-quarter among us ) were so enrag'd at my reading of it the first sunday after they came , that immediately after morning service ended , they seiz'd upon the book , and tore it all in pieces . thence-forward during their continuance there for full six months and upwards ( viz. ) from the beginning of november till they were call'd away to naseby fight in may following , besides that for want of a book of necessity i must , i saw that it also behoov'd me , for the preventing of farther outrages , to wave the use of the book for the time , at least in the ordinary service ; only i read the confession , the lord's prayer , all the versicles , and the psalms for the day . then after the first lesson in the forenoon benedictus or iubilate ; and in the afternoons cantate . after the second lesson also , sometimes the creed , sometimes the ten commandements , and sometimes neither , but only sang a psalm , and so to sermon . but in all that while , in the administration of the sacraments , the solemnization of matrimony , burial of dead , and churching of women , i constantly used the ancient forms and rites to every of them respectively belonging , according to the appointment in the book ; only i was careful in all the rest to make choice of such times and opportunities as i might do them with most secresie , and without disturbance of the souldier . but at the celebration of the eucharist i was the more secure to do it publickly , because i was assur'd none of the souldiers would be present . after their departure i took the liberty to use either the whole liturgy , or but some part of it , omitting sometimes more , sometimes less upon occasion , as i judg'd it most expedient in reference to the auditory , especially if any souldiers , or other unknown persons hapned to be present . but all this while the substance of what i omitted i contriv'd into my prayer before sermon , the phrase and order only varied , which yet i endeavour'd to temper in such sort , that any person of ordinary capacity might easily perceivve what my meaning was , and yet the words left as little liable to exception or cavil as might be . about two years ago i was advertis'd ( but in a friendly manner ) by a parliament man of note in these parts , that at a publick meeting at grantham , great complaint was made by some ministers of the presbyterian gang , as i afterwards found , of my refractoriness to obey the parliaments order in that behalf . the gentleman told me withal , that although they knew what my judgment and practice was , yet they were not forward to take notice of it before complaint made , which being now done in so publick a manner , if they should not take notice of it , the blame would lie upon them . he therefore advised me to consider well what i had to do , for i must resolve either to adventure the loss of my living , or to lay aside common prayer ; which if i should continue after complaint and admonition , it would not be in his power , nor in the power of any friend i had to preserve me . the effect of my then answer was , that if the case were so , the deliberation was not hard : i having long ago considered of the case , and resolved what i might do with a good conscience , and what was fittest for me in prudence to do , if i should ever be put to it ( viz. ) to forbear the use of the common prayer book so far as might satisfie the letter of the ordinance , rather than forsake my station . my next business then was to be-think my self of such a course to be thenceforth held in the publick work in my own parish , as might be believed neither to bring danger to my self by the use , nor to give scandal to my brethren by the disuse of the establish'd liturgy . and the course was this , to which i have held me ever since . i begin the service with a preface , and an exhortation infer'd to make confession of sins ; which exhortation i have fram'd out of the exhortation and absolution in the book , contracted and put together , and exprest for the most part in the same words and phrases , but purposely here and there transplac'd , that it might appear not to be , and yet to be the very same . then follows the confession it self in the same order ; it was enlarg'd only with the addition of some words , whereby it is rather explain'd than alter'd . the whole frame whereof , both for the fuller satisfaction in that particular , and that you may conjecture what manner of addition and change i have made proportionably hereunto ( yet none so large ) in other parts of the holy office , i have here under-written . o almighty god and merciful father , we thy unworthy servants do with shame and sorrow confess , that we have all our life long gone astray out of thy ways like lost sheep ; and that by following too much the vain devices and desires of our own hearts , we have grievously offended against thy holy laws both in thought , word , and deed . we have many times left undone those good duties which we might and ought to have done , and we have many times done those evils , when we might have avoided them , which we ought not to have done . we confess , o lord , that there is no health at all , nor help in any creature to relieve us ; but all our hope is in thy mercy , whose justice we have by our sins so far provoked . have mercy upon us therefore , o lord , have mercy upon us miserable offenders : spare us good lord who confess our faults , that we perish not , but according to thy gracious promises declared unto mankind in christ iesu our lord , restore us upon our true repentance into thy grace and favour . and grant , o most merciful father , for his sake , that we henceforth study to serve and please thee by leading a godly , righteous , and sobèr life , to the glory of thy holy name , and the eternal comfort of our own souls , through iesus christ our lord. amen . after the confession the lord's prayer with the versicles , and gloria patri , and then psalms for the day , and the first lesson : after which in the forenoon , sometimes te deum , ( but then only when i think the auditory will bear it ) and sometimes an hymn of mine own , gathered out of the psalms and church collects , as a general form of thanksgiving ( which i did the rather , because i have noted the want of such a form as the only thing wherein the liturgy seem'd to be defective ) . and in the afternoon , after the first lesson the 98 th . psalm , or the 67 th . then the second lesson , with benedictus or iubilate ; after it in the forenoon and afternoon a singing psalm . then followeth the creed , with dominus vobiscum ; and sometimes the versicles in the end of our letany [ from our enemies defend us ] if i lik'd my auditory , otherwise i omit the versicles . after the creed , and instead of the letany and the other prayers appointed in the book , i have taken the substance of the prayer i was wont to make before sermon , and dispos'd it into several collects or prayers , some longer and some shorter , but new modell'd into the language of the common prayer book much more than it was before . and in the pulpit , before sermon i use only a short prayer in reference to the hearing of the word , and no more . so that upon the matter , in these prayers i do but the same thing i did before , save only that what before i spake without book , and in a continued form in the pulpit , i now read out of a written book broken into parcels , and in the reading desk or pue . between which prayers and the singing psalms before the sermon , i do also daily use one other collect , of which sort i have for the purpose compos'd sundry , made up also ( as the former ) for the most part out of the church collects , with some little enlargement or variation ; as namely , the collects adventual , quadragesimal , paschal , or pentecostal , for their proper seasons ; and at other times collects of a more general nature , as for pardon , repentance , grace , &c. and after one or more of them in the forenoon , i usually repeat the ten commandements , with a short collect after them for grace to enable us to keep them . this hath been my practice , and is like still to be , unless some happy change of affairs restore us the liberty of using the old way again , or it be made appear to my understanding by some able charitable friend , that i therein have done otherwise then i ought to have done : for i may say , that i have not yet met with any thing in discourse , either with my own reason or others , of sufficient strength to convince me that i have done any thing , but what may stand with the principles as well of christian simplicity as prudence . there are but three things , that i know of , that are of any consideration oppos'd , viz. 1. the obligation of the laws . 2. the scandal of the example . 3. the unseemly symbolizing at least with schismaticks , if not partaking with them in the schism . the first and strongest objection ( which i shall therefore propose to the most advantage of the objector ) is that which is grounded upon the laws , and their obligation : for it may be objected , that every humane law rightly establish'd , so long as it continueth a law , obligeth the subject ( and that for conscience sake ) to the observation thereof in such manner and form as in the same law is prescribed , and according to the true meaning and intention of the law-giver therein . that a law is then understood to be rightly establish'd , when it containeth nothing but what is honest and lawful , and is enacted by such person or persons as have full and sufficient authority to make laws . that a law so establish'd continues a law , and is so in force , till it be either repealed by as good and lawful authority , as that by which it was made , or else antiquated by a long continued uninforc'd disuse with the tacit or presumed consent of the law-giver . that the act printed before the common prayer book , and entituled ( an act for the uniformity ) was such a law , being it was established in a full and free parliament in peaceable times , and ratified by the royal assent , that it still continues in force , and being not yet repealed , but by such persons as ( at least in the opinion of those that maintain the dispute ) for want of the royal assent , have not a sufficient right or authority to do such an act , nor disused but of late times , and that by enforcement , and as is presum'd , much against the mind of the law-giver . that therefore it still retains the power of obliging in part of conscience ; that power being so essential and intrinsecal to every law , quatenus a law , that it can in no wise be sever'd from it . and that therefore no minister publickly officiating in the church , can with a good conscience either omit any part of that which is commanded by the aforesaid law , or use any other form than what is contained in the foresaid book , but must either use the form prescribed in the book , or else forbear to officiate . the answer to this objection ( granting all in the premisses besides ) dependeth upon the right understanding of that which is affirmed concering the obligation of the laws according to the intention of the law-giver ; which if it should be understood precisely of that particular , actual , and immediate intention which the law-giver had declared by the words of the law ( in which sense only the objection proceedeth ) will not hold true in all cases . but there is suppos'd besides that , in law-giver , a more general , habitual , & ultimate intention of a more excellent and transcendent nature that the former , which is to have an influence into , and over-ruling power over all particular laws ( viz. ) an intention by the laws to procure and promote the publick good . the former intention binds , when it is subservient to the latter , or consistent with it , and consequently bindeth in ordinary cases , and in orderly times , or else the law is not a wholesome law. but when the observation of the law , by reason of the conjuncture of circumstances , or the iniquity of the times ( contingencies which no lawgiver could either certainly foresee , or if foreseen , sufficiently provide against ) would rather be prejudicial than advantageous to the publick ; or is manifestly attended with such inconveniencies and sad consequents to the observers , as all the imaginable good that can redound to the publick thereby , cannot in any reasonable measure countervail : in such case the law obligeth not , but according to the latter and more general intention only ; even as in the operations of nature , particular agents do ordinarily move according to their proper and particular inclinations ; yet upon some occasions , and to serve the ends and intentions of universal nature ( for the avoiding of some things which nature abhors ) they are sometimes carried with motions quite contrary to their particular natures ; as the air to descend , and the water to ascend for the avoiding of vacuity , &c. the common received maxim ( which hath been sufficiently misapplied , and that sometimes to very ill purposes since the beginning of these unhappy divisions ) in the true meaning of it looketh this way , salus populi suprema lex : the equity of which maxim , as it leaveth in the law-giver a power of dispensing with the law ( which is a suspending the obligation thereof for the time in respect of the proper and particular intention ) so he shall see it expedient in order to the publick good ; so it leaveth in the subject a liberty upon just occasions ( as in cases of great exigency , and for the preventing of such hazards and inconveniencies as might prove of noysome consequence to the publick ) to do otherwise than the law requireth . and neither is the exercise of that power in the lawgiver to be thought an unreasonable prerogative , nor the use of this liberty in the subject an unreasonable presumption ; inasmuch as the power of dispensing with particular laws is such a prerogative , as without which no commonwealth can be well govern'd , but justice would be turn'd into gall and wormwood : nor can the supream governour , without forfeiture of that faithfulness which he oweth to the publick weal , devest himself thereof . and he that presumeth of the law-givers consent to dispense with him for the observation of the law in such needful cases ( where he hath not the opportunity to consult his pleasure therein ) presumeth no more than he hath reason to do . for it may well be presum'd that the law-giver , who is bound in all his laws to intend the safety of the publick , and of every member thereof in his due proportion , hath no intention by the strict observation of any particular law , to oblige any person , who is a member of the publick , to his destruction or ruin , when the common good is not answerably promoted thereby : upon which ground it is generally resolv'd by casuists , that no constitution ( meerly humane ) can lay such obligation upon the conscience of the subject , but that we may ( according to the exigency of circumstances ) do otherwise than the constitution requireth , provided it be done extra casum scandali & contemptûs , i.e. without either bewraying in himself any contempt of the authority of the law-giver by his carriage , or giving any just occasion of scandal to others by his example in so doing . i have been somewhat the longer in explaining this point , not only for the better clearing of the present doubt , but also in respect of the usefulness of this consideration for the preventing and removing of many scruples that may happen to conscientious men in such times as these , wherein so many things are ( and are like to be ) commanded and forbidden contrary to the establish'd laws , and those ( as they are perswaded ) yet standing in force . the best rule that i know to guide men in their deliberations and actions in such emergent cases ( according to what hath been already delivered ) is advisedly and impartially to weigh the benefit & inconveniencies , as well on the one side , as on the other , as they stand in relation unto the publick good : and if after such examination and comparison made , it shall then evidently ( or but in the judgment of probability ) appear , that the observation of the law , according to the proper intention of the law-giver therein , though with hazard of estate , liberty , or even life it self , hath a greater tendency to the publick good , and the preservation of church or commonwealth in safety , peace , and order , than the preventing of the foresaid hazards , or other evil consequents , by doing otherwise than the law requireth , can have ; or ( which cometh to one ) if the violating of the law shall then to be more prejudicial to the publick good , than the preservation of the subject's estate , liberty , or life can be beneficial hereunto : in such case the subject is bound to hazard all he hath , and undergo whatsoever inconveniencies and calamities can ensue thereupon , rather than violate the law with contempt of that authority to which he oweth subjection . but if it shall ( after such comparison made ) evidently ( or but more probably than the contrary ) appear , that that preservation of such a persons life , liberty , estate , would more benefit the church or commonwealth , than the punctual observation of the law at that time , and with those circumstances , would do ; it were an unseasonable , unreasonable , and pernicious scrupulosity for such a person to think himself in such a case obliged for the observing of the law ( perhaps but once or twice ) with little or no benefit to the publick , to ruin himself , whereby to render himself unuseful and unserviceable to the publick for ever hereafter . to bring this discourse home , and to apply it to the business now under dispute . suppose we ten , twenty , or one hundred godly ministers , well affected to the establish'd liturgy , and actually possess'd of benefices , with the charge of souls thereto belonging , should , thinking themselves in conscience obliged to the use of the whole form of the book , as is by the act appointed , without any addition , omission , or alteration whatsoever ( notwithstanding the present conjuncture of affairs ) resolve to use the same accordingly , it would be well considered what the effects and consequents thereof would be . besides other evils , these three are visible , which must all unavoidably follow one upon another , if any body shall be found ( as doubtless within short time there will be found one or other ) to inform and prosecute against them . 1. the utter undoing of so many worthy persons , fit to do god and his church good service , together with all those persons that depend upon them for their livelyhood , by putting the fruits of their benefices , wherewith they should buy themselves bread , under sequestration . 2. the depriving of those persons of the opportunity of discharging the duties that belong unto them in their ministerial calling , in not permitting them , after such sequestration , to teach or instruct the people belonging to their charge , or to exercise any thing of their function publickly in the church . 3. the delivering over the sheep of christ , that lately were under the hands of the faithful shepherds , into the custody of ravenous wolves , when such guides shall be set over the several congregations , as will be sure to mis-teach them one way or other ( viz. ) either by instilling into them puritanical and superstitious principles , that they may the more securely exercise their presbyterian tyranny over their judgments , consciences , persons , and estates , or else by setting up new lights before them , to lead them into a maze of anabaptistical confusion and frenzy . these consequents are so heavy to the sufferers , so certain to ensue upon the use of common prayer , and so much without the power of the law-givers ( in this state of affairs ) either to prevent or remedy , that it is beyond the wit of man what benefit to the publick can accrue by the strict observation of the act , that may in any proportion countervail these mischiefs . in which case , that man must needs suppose a strange austerity in the law-giver , that dares not presume of his consent to disoblige him ( for the time ) from observing the same . it would be also well considered , whether he that by his own over-nice scrupulosity runs all these hazards , be not ( in some measure ) guilty of his own undoing , of deserting his station , and of betraying his flock , and do not thereby lose much of that comfort which a christian confessor may take in his sufferings , when they are laid upon him by the hand of god , and not pull'd upon himself by his own hands . and more i shall not need to say as to that first objection . the next thing objected is , the danger of the scandal that others might be ready to take at the example , who seeing the law so little regarded by such men ( men that have cure of souls , and perhaps also of some eminency and esteem in the church , and whose example will be much look'd upon ) will be easily encourag'd by this example to set light by all authority , and to take the liberty to obey and disobey the laws of their soveraign at their pleasure . but this objection , after we are once satisfied concerning the former , need not much trouble us . for , 1. it seemeth an unreasonable thing in cases of great exigence ( such as we now suppose ) that the fear of scandalizing our weak brethren ( which is but debitum charitatis only ) should lay upon us a peremptory necessity of observing the law punctually , whatsoever inconveniencies and mischiefs may ensue thereupon : when the duty of obedience to our known governours ( which is debitum justitiae also , and therefore more obligatory than the other ) doth not impose that necessity upon us ; as hath been already shewn . 2. besides , arguments drawn from scandal in things neither unlawful nor ( setting the reason of scandal aside ) inexpedient , as they are subject to sundry frailties otherwise , so they are manifestly of no weight at all , when they are counterpois'd with the apparent danger of evil consequents on the other side . for in such cases there is commonly equal danger ( if not rather something more ) of scandal to be taken from the example the quite contrary way . we may see it in debating the point now in hand : it is alledged on the one side , that by laying aside the use of the common prayer , men that are over scrupulous will be encourag'd to take a greater liberty in dispensing with the laws ( to the despising both of laws and governours ) than they ought . and why may it not , by the same reason , be as well alleg'd on the other side , that by holding up a necessity of using the common prayer , men that have tender consciences may be induc'd to entertain scruples ( to their utter undoing , and to the destruction of their people ) when they need not ? 3. but that in the third place , which cometh up home to the business , and taketh off the objection clearly , is this , that in judging cases of scandal , we are not so much to look to the event , what it is , or may be , as to the cause , whence it cometh . for sometimes there is given just cause of scandal ; and yet no scandal followeth , because it is not taken : sometimes scandal is taken , and yet no just cause given : and sometimes there is both cause of scandal given , and scandal taken thereat . but no man is concern'd at any scandal that happeneth to another by occasion of any thing done by him , neither is chargeable with it farther than he is guilty of having given it . if then we give scandal to others , and they take it not , the whole guilt is ours , and they are faultless . if we give it , and they take it , we are to bear a share in the blame as they , and that a deep share ; ( vae homini , wo to the man by whome the offence cometh , matth. 18.7 . ) but if they take offence when we give none , it is a thing we cannot help , and therefore the whole blame must lie upon them . wherefore , if at any time any doubt shall arise in that case of scandal , how far forth the danger thereof may obligue us to the doing or not doing of any thing propos'd ; the resolution will come on much the easier , if we shall but rightly understand what it is to give scandal , or how many ways a man may become guilty of scandalizing another by his example . the ways ( as i conceive ) are but these four . 1. when a man doth something before another , which is in it self evil , unlawful , and sinful . in which case , neither the intension of him that doth it , nor the event as to him that seeth it done , is of any consideration : for it matters not whether the doer hath an intention to draw the other into sin , or not ; the very matter and substance of the action being evil , and done before others , is sufficient to render the doer guilty of having given scandal , though neither he had intention himself so to do , nor was any other person actually scandaliz'd thereby : because whatsoever is in its own nature evil , is of it self , and in its own nature scandalous , and of ill example . thus did hophni and phineas , the sons of eli , give scandal by their wretched prophaneness and greediness about the sacrifices of the lord , and their shameless abusing the women . and so did david also give great scandal in the matter of vriah , 2 sam. 12. 14. here the rule is , do nothing that is evil , for fear of giving scandal . 2. the second way is , when a man doth something before another with a direct intention and formal purpose of drawing him thereby to commit sin . in which case neither the matter of the action , nor the event is of any consideration : for it makes no difference as to the sin of giving scandal , whether any man be effectually entic'd to commit sin or not thereby ; neither doth it make any difference , whether the thing done were in it self unlawful , or not , so as it had an appearance of evil , and from thence an aptitude to draw another by the doing of that ( by imitation ) which should be really and intrinsecally evil . the wicked intention alone ( whatsoever the effect should be , or what means soever should be us'd to promote it ) sufficeth to induce the guilt of giving scandal upon the doer . this was ieroboam's sin , in setting up the calvos , with a formal purpose and intention thereby ( for his own secular and ambitious ends ) to corrupt the purity of religion , and to draw the people unto idolatrous worship . for which cause he is so often stigmatiz'd with it , as a note of infamy , to stick by him whilst the world lasteth , being scarce ever-mention'd in the scripture , but with this addition , jeroboam the son of nebat , which made israel to sin . here the rule is , do nothing , a good or evil , with an intention to give scandal . 3. the third way is when a man doth something before another , which in it self is not evil , but indifferent , and so according to the rule of christian liberty , lawful for him to do , or not to do , as he shall see cause ( yea , and perhaps otherwise commodious and convenient for him to do ) yet whereas he probably foreseeth that others will take scandal , and be occasioned thereby to do evil . in such a case , if the thing to be done be not in some degree prudentially necessary for him to do , but that he might , without very great inconvenience or prejudice to himself or any third person , leave it undone : he is bound in charity to his brother's soul ( for whom christ died ) and for the avoiding of scandal , to abridge himself in the exercise of his christian liberty for that time , so far as rather to suffer some inconvenience himself by the not doing of it , than by the doing of it to cause his brother to offend . the very case which is so often , so largely , and so earnestly insisted upon by st. paul. see rom. 14.13,21 . rom. 15.1 , 3. 1 cor. 87 , 13. 1 cor. 9.12 , 15 , 19 , 22. 1 cor. 10.23.33 . here the rule is , do nothing that may be reasonably forborn , whereat scandal will be taken . 4. the last way is , when a man doth somthing before another , which is not only lawful , but ( according to the exigencies of present circumstances ) pro hic & nunc very behoofful , and even prudentially necessary for him to do , but foreseeth that the other will be like to make an ill use of it , and take encouragement thereby to commit sin , if he be not withal careful , as much as possibly in him lieth , to prevent the scandal that may be taken thereat : for , qui non prohibet peccare , cum potest , jubet . in such case the bare neglect of his brother , and not using his utmost endeavour to prevent the evil that might ensue , maketh him guilty . upon which consideration standeth the equity of the judicial law given to the jews , which ordered , that in case a man dig a pit for the use of his family , and looking no farther than his own convenience , put no cover upon it , and leave it open , whereby it hapneth his neighbours beast to fall thereinto and perish , the owner of the pit is to make it good , inasmuch as he was the occasioner of that loss to his neighbour , which he might and ought to have prevented . here the rule is order the doing of that , which may not be well left undone , in such sort that no scandal ( so far as you can help it ) may be taken thereat . to apply this . the thing under debate , viz. the action propos'd to present enquiry is , the laying aside the common prayer , being enjoyn'd by law , and using instead thereof some other form of church service of our own devising . and the enquiry concerning it is , whether it may be done with a good conscience in regard of the scandal that is given , or at least may be taken thereat , yea or no ? now forasmuch as in this enquiry we take it for granted , that the thing to be done is not in its own nature simply evil , but rather in this state of affairs prudentially necessary ; and that they who make scruple at it upon the point of scandal , have not the least intention of drawing other of the laws into contempt , or their brethren into sin by their example . it is manifest that three of the now mention'd cases , with the rules to each of them appending , are not pertinent to the present enquiry . but since the last of the four only proveth to be our case , we have therefore no more to do for the setling of our judgments , and quieting of our consciences , and the regulating of our practice in this affair , than to consider well what the rule in this case given obligeth us unto ; which is not to leave the action undone for the danger of scandal , which ( besides the inconveniencies formerly mention'd ) would but start new questions , and those beget more to the multiplying unnecessary scruples in infinitum : but to order the doing of it so , that ( if it were possible ) no scandal at all might ensue thereupon , or at least wise not by our default , through our careless or undiscreet managery thereof . even as the jew that stood in need to sink a pit for the service of his house or ground , was not ( for fear his neighbours beast should fall into it , and be drown'd ) bound by the law to forbear the making of it , but only to provide a sufficient cover for it , where he had made it . the thing then in this case is not to be left undone , when it so much behoveth us to do it ; but the action to be carried on ( for the manner of doing , and in all respects and circumstances thereunto belonging ) with so much chariness and tenderness , moderation and wisdom ( to our best understanding ) that the necessity of our so doing , with the true cause thereof , may appear to the world , to the satisfaction of those that are willing to take notice of it ; and that such persons as would be willing to make use of our ensample to do the same thing , where there is not the same necessity , may do it upon their own score , and not be able to vouch our practice for their excuse ; which how it may be best done for particular directions , every charitable and conscientious man must ask his own discretion . some general helps thereunto i shall lay down in answering the next objection , where they would fall in again not improperly , and so stop two gaps with one bush. the last objection is that of shism . the objectors hold all such persons as have oppos'd either liturgy or church government , as they were by law establish'd within this realm , for no better than schismaticks ; and truly i shall not much gain-say it . but then they argue , that for them to do the same thing in the publick worship of god that schismaticks do ( and for doing whereof especially it is that they avow them schismaticks ) would ( as they conceive ) involve them in the schism also , as partakers thereof in some degree with the other : and their consciences also would , from rom. 14.22 . condemn them either of hypocrisie , in allowing that in themselves , and in their own practice , which they condemn in others ; or of uncharitableness , in judging others as schismaticks for doing but the same thing which they can allow themselves to practise . for all that such persons , as they call schismaticks , do in this matter of the church service , is but to leave out the churches prayers , and to put in their own . or say , this should not make them really guilty of the schism they so much detest , yet would such their symbolizing with them seem at least a kind of unworthy compliance with them , more than could well become the simplicity of a christian , much less of a minister of the gospel , whose duty it is to shun even the least appearance of evil . besides , that by so doing they should but confirm such men in their schismatical principles and practice . this objection hath 3 branches . to the first whereof i oppose the old saying , duo cum faciunt idem , non est idem ; which , although spoken quite to another purpose , yet is very capable of such a sense which will very well fit our present purpose also . i answer therefore in short . to do the same thing that schismaticks do ( especially in time of confusion , and till things can be reduc'd unto better order , and when men are necessitated thereunto to prevent greater mischiefs ) doth not necessarily infer a partaking with them in schism , no , nor so much as probably , unless it may appear upon probable presumption otherwise , that it is done out of the same schismatical spirit , and upon such schismatical principles as theirs are . the other two branches ( viz. that of seeming compliance with schismaticks , and that of the ill use they make of it to confirm them in their schism ) do upon the matter fall in upon the aforesaid point of scandal , and are in effect but the same objection , only put into a new dress , and so have receiv'd their answer already . and the only remedy against both these fears ( as well that of scandal , as this of schism ) is the same which was there prescrib'd , even to give assurance to all men , by our carriage and behaviour therein , that we do not lay aside common prayer of our own accord , or out of any dislike thereof , neither in contempt of our rightful governours , or of the laws , nor out of any base compliance with the times , or unworthy secular own ends , nor out of any schismatical principles , seditious designs , or innovating humour ; but meerly enforc'd thereunto by such a necessity , as we cannot otherwise avoid in order to the glory of god , and the publick good , for the preservation of our families , our flocks , and our functions : and that with the good leave and allowance ( as we have great reason to believe ) of such as have power to dispense with us and the laws in that behalf . this if we shall do bonâ fide , and with our utmost endeavours , in singleness of heart , and with godly discretion , perhaps it will not be enough to prevail with either the censure of inconsiderate and inconsiderable persons , or the ill use that may be made of our example , through the ignorance or negligence of some ( scandalum pusillorum ) or through the perversness and malice of others ( scandalum pharisaeorum ) as the schools term them : but assuredly it will be sufficient in the sight of god , and the witness of our own hearts , and to the consciences of charitable and considering men , to acquit us clear of all guilt , either of scandal or schism in the least degree . which we may probably do by observing these ensuing , or such other like general directions ( the liberty of using such meet accommodations , as the circumstances in particular cases shall require , evermore allowed and reserved ) . viz. 1. if we shall decline the company and society of known schismaticks , not conversing frequently or familiarly with them , or more than the necessary affairs of life , and the rules of neighbourhood and common civility will require ; especially not to give countenance unto their church assemblies , by our presence among them , if we can avoid it . 2. if we shall retain , as well in common discourse , as in our sermons and holy offices of the church , the old theological and ecclesiastical terms and forms of speech , which have been generally received and used in the churches of christ , which the people are well acquainted with , and are wholsome and significant , and not follow our new masters in that uncouth affected garb of speech , or canting language rather ( if i may so call it ) which they have of late taken up , as the signal distinction and characteristical note of that , which in that their new language they call the godly party , or communion of saints . 3. if in officiating we repeat not only the lord's prayer , the creed , the ten commandements , and such other passages in the common prayer book , as ( being the very words of scripture ) no man can except against ; but so much of the old liturgy besides , in the very words and syllables of the book , as we think the ministers of state in those parts wherein we live will suffer , and the auditory , before whom we officiate , will bear ; sith the officers in all parts of the land are not alike strict , nor the people in all parishes alike disaffected in this respect . 4. if , where we must of necessity vary from the words , we yet follow the order of the book in the main parts of the holy offices , retaining the substance of the prayers , and embellishing those of our own making , which we substitute into the place of those we leave out , with phrases and passages taken out of the book in other places . 5. if , where we cannot safely mention the particulars mentioned in the book ( as namely in praying for the king , the queen , the royal progeny , and the bishops ) we shall yet use in our prayers some such general terms , and other intimations devised for that purpose , as may sufficiently convey to the understanding of the people what our intentions are therein , and yet not be sufficient to fetch us within the compass of the ordinance . 6. if we shall in our sermons take occasion now and then , where it may be pertinent , either to discover the weakness of the puritan principles and tenets to the people ; or to shew out of some passages and expressions in the common prayer , the consonancy of those observations we have raised from the text , with the judgment of the church of england : or to justifie such particular passages in the letany , collects , and other parts of our liturgy as have been unjustly quarell'd at by presbyterians , independents , anabaptists , or other ( by what name or title soever they are called ) puritan sectaries . thus have i freely acquainted you both with my practice and judgment in the point propos'd in your friend's letter . how i shall be able to satisfie his or your judgment in what i have written , i know not ; however , i have satisfied both your desire and his in writing , and shall rest your brother and servant in the lord , rob. sanderson . pax ecclesiae . by the right reverend father in god robert sanderson , late lord bishop of lincoln . london , printed for richard marriott 1678. pax ecclesiae . all the decrees of god are eternal , and his counsels therein unsearchable . in eternals there is neither prius , nor posterius ; and ergo considered in themselves , and as they are in god , all the decrees of god concerning the whole course of man's salvation , are simul & semel ; and because eternal , ergo also coeternal . yet considered either in regard of their objects , or respectively to our apprehensions , there must some order be conceived among them , whereby one may be said to be before or after another ordine naturae , & ordine intelligendi . for as in order of nature the intention of the end is before the deliberation concerning the means , the causes before the effect , the subject before the properties and accidents , &c. so we are not able to conceive of the decrees of god , unless we rank them in some such order , as seemeth most agreeable to the condition of their proper objects ; as ex . gr . those wherein the end , or cause , or subject is decreed , to be ordine intelligendi before these , wherein are decreed the means , effects , or accidents . but because the counsels of god herein are incomprehensible and unsearchable to our weak and finite understandings , it hence cometh to pass , 1. that they who have the greatest serenity of natural understanding , and the largest measure of divine revelation withal , must yet confess the unfathomed depth of the judgments and ways of god , which are abyssus multa , rather to be admired than searched into ; so as they are not to hope or look after such a way of opening these mysteries , as shall be quietativa intellectus , so totally and absolutely , but that some difficulties will still remain , to make us cry out with st. paul , o altitudo ! otherwise these great and hidden mysteries of god should be no mysteries . 2. that men , who cannot content themselves to be wise according to sobriety , whilst they have thought by searching into the counsels of god , to bring the mysteries of faith within the comprehension of reason , have become vain in their imaginations , and enwrapped themselves unawares in perplexed and inextricable difficulties : for the unwinding themselvs where-from , they have been afterwards sometimes driven to devise and maintain strange opinions , of very perillous and noysome consequence , which hatch been the original of most heresies and schisms in the church . 3. that men also of sober understandings , & keeping within the due bounds of their gifts and callings , yet by reason of the great difficulties of the things themselves , have much differed , and still will do in their judgments and opinions one from another , in the ordering of god's decrees concerning man's salvation , each man abounding in his own sense , and following that way which seemeth to him clogged with the least and fewest difficulties , according as he apprehendeth them ; although perhaps in rei veritate , or at the least in the apprehension of another man , those very difficulties may be more and greater . hence the many differences among the protestants , between lutherans and calvinists ; among the romanists between the iesuites and dominicans and each of these again subdivided ; concerning predestination and reprobation ; the power of man's free-will ; the necessity , efficacy , and extent of divine grace ; the concurrence of grace with free-will ; the universality and application of christ's death , and some other points of like nature . the premisses considered , that amid , and notwithstanding all this variety of opinions , there may yet be preserved in the church the unity both of faith and charity , these few things seem to me to be of profitable and important consideration . 1. that particular churchs would be as tender as may be in giving their definitions and derminations in such points as these ; not astricting those that live therein determinately either to the affirmative or negative , especially where there may be admitted a latitude of dissenting without any prejudice done either to the substance of the catholick faith , or to the tranquillity of the church , or to the salvation of the dissenter . in which respect the moderation of the church of england is much to be commended , and to be preferred , not only before the roman church , which with unsufferable tyranny bindeth all her children , upon pain of damnation , to all her determinarions , even in those points , which are no way necessary to salvation ; but also before sundry other reformed churches , who have proceeded further this way than our church hath done . 2. when by reason of the important contentions and wranglings of learned men in particular churches , about points yet undetermined therein , differences shall be so far prosecuted , as to come to open sideings , and part-takings , and factions ( as it happened in the netherland churches between the remonstrantes , & contra-remonstrantes ) so as for the composing of the differences , and the maintenance of the publick peace and tranquillity of the church , it shall be needful for those churches synodically to determine something in those points ; that yet they would then also proceed no farther in their determinations , than the present necessity should enforce them ; not requiring men ( specially in points of lesser consequence ) to give , and by oath , subscription , or other like means , to witness their express positive assent to such determinations ; but permitting them to enjoy their own private opinions in their own private bosoms , so long as they keep them to themselves , and do not by venting them unseasonably , disquiet the peace of the church therewithal . 3. that catechisms , for so much as they are intended for the instruction of children and ignorant persons in the first principles of christian religion , should not be farced with school-points and private tenets ; but contain only clear and undoubted truths , and such as are necessary unto christian edification either in faith or life : the rest either altogether omitted , or but occasionally and sparingly touched at , and not positively , and doctrinally , and conclusively delivered before the church have agreed upon them . 4. that private men would endeavour for so much ingenuity , as 1. to other mens speeches and writings ( especially where they intend to discourse but exotericè and popularly , not accurately and dogmaticè ) to afford a favourable construction , without taking advantage at some excesses in modo loquendi , or exceptions at some improprieties and acyrologies , so long as they are orthodox in the main substance of their discourse . 2. not to obtrude any tenet , as the received doctrine of any particular church , which either is not expresly contained in the publick confession of that church , or doth not apparently result thence by direct and immediate consequence ; though the wit of man make it seem at length , and by continuance of discourse to be probably deduced therefrom . 3. in their own writings to observe formam sanorum verborum , and to abstain not only from suspected opinions , but as much as may be also from phrases and speeches obnoxious to ill construction . for first it is not enough , much less a thing to be gloried in , for a man to be able by subtilty of wit to find loop-holes how to evade , and by colourable pretences to make that , which through heat of passion , or violence of opposition hath fallen from him unadvisedly , to seem howsoever defensible : but he should have a care to suffer nothing to pass from him , whereat an ingenuous and dispassionate adversary , though dissenting from him in opinion , should yet have cause to take distaste or exception . and besides , it were a thing of very dangerous consequence in the church , if every man should be suffered freely to publish whatsoever might by some strain of wit be made capable of a good construction , if of it self it sounded ill and suspiciously : for so notions of popish , or puritanical , or other heretical , schismatical opinions might unawares be conveyed into the minds , and impressions thereof insensibly wrought in the hearts of men , to the great damage of the church , and prejudice to the truth . 4. to acknowledge freely , and readily to revoke whatsoever either errour in re , or misprision in testimonio , or exorbitancy in modo loquendi , hath passed from their pen , when it shall be fairly shewed them , and their judgments convinced thereof , rather than to seek to relieve themselves by excuses , colours , or evasions . 5. that private men in particular churches , who dissent in points yet undetermined by the church , should not uncharitably entercharge each other with heresie or schism , or any such like imputation for so dissenting , so long as they both consent to the whole doctrine and discipline in the said church maintained and established . as ex . gr . in the points now so much debated among the divines of the church of england between the calvinists and arminians ( for i must take liberty for distinctions sake to express them by those names they usually bestow the one upon the other ) why should either those men on the one side be branded with popery , who misliking calvin's opinion , rather chuse to follow the arminian ; or those on the other side with puritanism , who finding less satisfaction in the way of arminius , rather adhere to calvin ? so long as both the one and the other do entirely , and freely , and ex animo subscribe to the articles of the common prayer book , and that of consecration , and do not rent the unity , or disturb the peace of the church by those differences . ii. periculum schismatis . forasmuch as here in england the differences , which before were but private concerning the points of arminianism , have been of late so far brought upon the publick stage , by occasion of the passages betwixt mr. mountague and his opposers , as that a dangerous schism is like to ensue thereupon , unless by the goodness of god , and the wisdome of the church and state , it be speedily prevented : those general directions now already laid down for the preservation of the churches peace , will not reach home for the securing of our peace , and preventing farther evils , as the case now standeth with us ; but it is needful the church should interpose herein , both by farther explanation of her doctrine in the points questioned , and by the exercise of her discipline upon such persons as will not rest in her determinations . and this necessity will the more appear , if we consider upon what advantages the arminian party hath , and yet doth gain strength to it self , viz. 1. the weakness of sundry of those exceptions , which were taken at mr. mountague's answer to the gagge , by those that first openly ingaged themselves for that business ; which hath not only brought prejudice to their persons , but also given disadvantages to the cause , even in those exceptions which were just and material . 2. the publishing of mr. mountague's appeal with allowance , which both hath given confidence to sundry , who before were arminians , but in secret , now to walk unmasked , and to profess their opinions publickly in all companies , and that with some disdain of opposition ; and doth also incourage sundry others to shew an inclination to that side , which they see to be countenanced in such publick sort . 3. the plausibleness of arminianism , and the congruity it hath in sundry points with the principles of corrupt nature , and of carnal reason . for it is a wonderful tickling to flesh and blood , to have the powers of nature magnified , and to hear it self flattered , as if she carried the greatest stroke in the work of salvation ; especially , when these soothings are conveyed under the pretence of vindicating the dispensations of god's providence from the imputation of injustice . 4. the harshness of that opinion which calvin and beza are said to have held , and many learned men in our church are said to have followed , concerning the decrees of reprobation and election , without respect had to adam in the one , or to christ in the other ; whereas the inconveniencies , which either do ensue , or seem to ensue upon the opinion , may be fairly waved another way , and yet without arminianism . 5. the manifold cunning of the arminians to advance their own party , as viz. 1. in pleading for a liberty for every man to abound in his own sense in things undetermined by the church , that so they may spread their own tenets the more freely ; whereas yet it is too apparent by their writings and speeches , that their intent and indeavour is to take the benefit of this liberty themselves , but not to allow it to those that dissent from them . 2. in bragging out some of their private tenets , as if they were the received established doctrine of the church of england , by forcing the words of the articles or common prayer book to a sense , which appeareth not to have been intended therein , as mr. mountague hath done in the point of falling from grace . whereas the contrary tenet , viz. of the final perseverance of the righteous in grace and faith , may be by as strong evidence every way , and by as natural deducement collected out of the said books , as shall be easily proved , if it be required . 3. in seeking to derive envy upon the opposite opinions , by delivering them in terms odious , and of ill and suspicious sound ; as viz. irresistibility of grace , irrespective decree , &c. whereas the soberer divines of the opposite party ordinarily do not use those terms , nor yet well approve of them , unless understood cum grano salis . but themselves rather are so exorbitant in their phrases and terms , as it were well if a good quantity of salt could so correct some of them , as to render them , if not wholesome , at least savoury . 4. which is the most unjust and uncharitable course of all the rest , and whereby yet i verily think they have prevailed more than by all the rest , in seeking to draw the persons of those that dissent from them into dislike with the sate , as if they were puritans , or disciplinarians , or at least that way affected . whereas 1. the questions in debate are such , as no way touch upon puritanism , either off or on . 2. many of the dissenters have as freely and clearly declared their judgments , by preaching and writing against all puritanism , and puritanical principles , both before and since they were interessed in these controversies , as the stoutest arminian in england hath done . i am not able to pronounce absolutely neither of other men ; but so far as hath occurred to my observation , i dare say it , i find more written against the puritans , and their opinions , and with more real satisfaction , and upon no less solid grounds , by those that have , and do dissent from the arminian tenets , than by those that have or do maintain them . could that blessed arch-bishop whitgift , or the modest and learned hooker have ever thought , so much as by dream , that men concurring , with them in opinion , should for some of these very opinions be called puritans ? iii. series decretorum dei. sithence most of the differences now in question do arise from the different conceits which men have concerning the decrees of god about man's salvation , and the execution of those decrees ; it could not but be a work of singular use for the composing of present , and the preventing of farther differences , if some learned and moderate men ( all prejudice and partiality laid aside ) would travel with faithfulness and sobriety in this argument , viz. to order those decrees consonantly to the tenor of scripture , and the doctrine of the ancient church , as to avoid those inconveniencies into which the extreme opinions on both hands run . for , considering often with my self , that the abettors of either extreme are confirmed in their opinions , not so much from the assurance of their own grounds , as from the inconveniencies that attend the opposite extreme : i have ever thought that a middle way between both might be fairer and safer to pitch upon , than either extreme . what therefore upon some agitation of these points , both in argument with others upon occasion , and in my private and serious thoughts , i have conceived concerning the ordering of god's decrees , desiring ever to keep my self within the bands of christian sobriety and modesty , i have at the request of some friends here distinctly laid down , not intending hereby to prescribe unto other men , nor yet to tie my self to mine own present judgment , if i shall see cause to alter it ; but only to present to the abler judgments of some learned friends that way , which hath hitherto given me better satisfaction than any other , and which i have not yet observed to be subject to so great difficulties and inconveniencies , neither in the substance of the matter , nor in the manner of explication , as the ways , which either the rigid calvinists , or the arminians have taken . quaere then , whether or no the eternal decrees of god concerning man's salvation may not be conveniently conceived in this order , viz. that he decreed 1. to make himself glorious by communicating his goodness in producing powerfully , and ex nihilo , a world of creatures , and among the chiefest of them man , endued with a reasonable soul , and organical body , as a vessel and subject capable of grace and glory . 2. to enter into a covenant with this reasonable creature ( commonly called the first covenant of works ) to bestow upon him life and glory , if he should continue in his obedience ; but if otherwise , then not only to be deprived of the blessedness covenanted , but also and instead thereof to be punished with actual misery and eternal death . 3. after this covenant made , to leave man in manu consilij sui , by the free choice of his own will , to lay hold either on life by obedience , or by transgression on death . 4. to permit man thus left to himself to fall into sin , and so to cast himself out of that covenant into a state of misery , and corruption , and damnation ; with a purpose in that permission to serve himself of mans fall , as a fit occasion whereby to magnifie himself , and his own glory yet farther , in the manifestation of his infinite both justice and mercy . 5. that the whole species of so noble a creature might not perish everlastingly , and without all remedy , to provide for mankind ( pro genere humano ) a most wise , sufficient , and convenient means of reparation , and redemption , and salvation , by the satisfactory and meritorious death and obedience of the incarnate son of god , jesus christ , god blessed for ever . 6. in this jesus , as the mediator , to enter into a second covenant with mankind ( commonly called the new covenant , or the covenant of grace ) that whosoever should lay hold on him by a true and steadfast faith , should attain remission of sins , and eternal life ; but he that should not believe , should perish everlastingly in his sins . 7. lest this covenant should yet be ineffectual , and christ die in vain , because left to themselves , especially in this wretched state of corruption , none of the sons of adam could de facto have repented and believed in christ , for the glory of his grace , to elect and cull a certain number of particular persons out of the corrupted lump of mankind , to be advanced into this covenant , and thereby entitled unto salvation ; and that without any cause or motive at all in themselves , but meerly ex beneplacito voluntatis , of his own free grace and good pleasure in jesus christ , pretermitting and passing by the rest to perish justly in their sins . 8. to confer in due season upon the persons so elected , all fit and effectual means and graces needful for them unto salvation , proportionably to their personal capacities and conditions ; as namely , 1. upon infants that die before the use of reason , the sacrament of christian baptism , administred and received in the name and faith of the chuch , with sacramental grace to such persons , as for the want of the use of reason never come to be capable of the habitual or actual graces of faith , repentance , &c. we are to judge to be sufficient for their salvation . 2. upon men that come to the use of reason sooner or later , such a measure of faith in the son of god , of repentance from dead works , of new and holy obedience to god's commandments ( together with final perseverance in all these ) as in his excellent wisdom he seeth meet , wrought and preserved in them outwardly by the word and sacraments , and inwardly by the operation of his holy spirit shed in their hearts , whereby sweetly and without constraint , but yet effectually , their understandings , wills and affections are subdued to the acknowledgment and obedience of the gospel ; and both these are done ordinarily , and by ordinary means . 3. into some men it may be , and extraordinarily ( especially in the want of ordinary means ) god may infuse faith , and other graces accompanying salvation , as also ( modo nobis incognito ) make supply unto infants unbaptized some other way , by the immediate work of his holy and almighty spirit , without the use of the outward means of the word and sacraments . of which extraordinary work we cannot pronounce too sparingly ; the special use whereto it serveth us , being the suspending of our censures , not rashly to pass the sentence of damnation upon those infants , or men , that want the ordinary outward means , since we are not able to say , how god in his infinite power can , and how in his rich mercy he hath , doth , or will deal with them . 9. thus much concerning the salvation of those whom god hath of his free grace elected thereunto . but with the reprobates , whom he hath in his justice appointed to destruction , he dealeth in another fashion ; as concerning whom he hath decreed either 1. to afford them neither the extraordinary , nor so much as but the outward and ordinary means of faith : or else 2. in the presence of the outward means of the word and sacraments to withhold the inward concurrence of his enlightning and renewing spirit to work with those means , for want whereof they become ineffectual to them for their good , working upon them either malignantly , so as their hearts are the more hardened thereby in sin and unbelief , or infirmly , so as not to work in them a perfect conversion , but to produce instead of the gracious habits of sanctification , as faith , repentance , charity , humility , &c. some weak and infirm shadows of those graces , which for their formal semblance sake do sometimes bear the name of those graces they resemble , but were never in the mean time the very true graces themselves , and in the end are discovered to have been false , by the want of perseverance . iv. vtilitas hujus seriei . this way of ordering the decrees of god , besides that it seemeth to be according to the mind of the scriptures , and to hold correspondency more than any other , as well with the writings of the ancient doctors of the church , especially of st. augustine and those that followed him , as with the present doctrine contained in the articles and liturgy of the church of england : it hath also three notable commodities , viz. 1. hereby are fairly avoided the most and greatest of those inconveniences into which both extremes run , or at the least which either extreme presseth sore upon the opposite extreme . the arminian accusing the rigid calvinist as a betrayer of the justice of god , for placing the decree of reprobation before that of adam's fall ; and being again accused by him as an enemy to the grace of god , for making the efficacy thereof to depend upon man's free will. whereas both the glory of the justice of god , and the efficacy of the grace of god , are preserved entire by following this middle way . for , 1. there can lie no imputation upon the justice of god , though he have reprobated some , and elected others , who were both equal in the sinful mass of corrupt nature ; rather his mercy is to be magnified , in that he hath not reprobated all : which if he had done , his justice must yet have stood clear , though examined but even at the bar of humane reason , for so much as all had deserved to be reprobates , and that most justly for their sin in adam . they that make the decree of reprobation to precede all respect to the fall , are put to many difficulties how to express themselves so as to avoid cavil ; and much ado they have to assert the decrees of god from being howsoever unjust , being enforced to succour the justice of god , by flying to that absolute right and power he hath in and over the creature : whereas this way cutteth off an hundred of those cavils the arminians commonly use , and justifieth the proceedings of our most righteous god in all respects so clearly , that his justice , both in the decrees themselves , and in the execution thereof , is not only apparent , but also illustrious and glorious . 2. no impeachment is done to grace by magnifying nature , or to the efficacy of grace , by enlarging the powers of free-will . for whereas in very truth the arminians cannot , with all their subtil distinctions , and nice modifications escape it ; but , when they have done and said what they can , they must stand guilty of symbolizing with the pelagians both in their principles and conclusions , in giving man's will ( and not god's grace ) the chiefest stroke , and the deciding , and last determinating , and casting power in the work of conversion : by this way the will of man is so freed from all coactive necessity in the coversion of a sinner , as that yet the effect it self dependeth not upon the determination of the will , as the immediate and prime cause , but upon the efficacy of grace powerfully enclining the will thereunto . 2. sundry passages in the scriptures , and in the writings of the fathers , which have in them some appearance of contradiction , may by following this way be easily reconciled , and the sense of those passages oftentimes preserved even to the letter , which by those that take the extreme ways , cannot be done so handsomly , nor without imposing upon the words a more remote and improper , if not sometimes a strained and enforced sense ; as viz. 1. those places that speak of election , as in , and by , and through christ , making him the foundation of that also , as of every other grace , with those that speak of it , as issuing from the meer free pleasure and absolute will of god. 2. those places that extend the fruit of christ's death , and the benefit of the new covenant to the whole world of mankind , with those that restrain them to the elect only . 3. those places that ascribe the whole course of man's salvation , from his first calling unto grace , untill his final consummation in glory , to the sole effectual working of the holy ghost , with those that attribute something or other therein , more or less , to the power and exercise of man's free-will . 4. those places that speak of the acts of justification and sanctification , or of the habits of faith , and love , and other inherent graces , as peculiar to the elect only , with those that speak of them as common to the elect with cast-aways . 5. those places that speak of the said gracious habits as permanent , as neither subject to a total intercision , nor possible to be finally lost , with those that speak of them as casual , and such as may be lost , either finally or totally , or both . 6. those places that speak of obduration , occecation , &c. so as if the blindness that is in the minds , and hardness that is in the hearts of wicked men were from god , with those that impute such blindness and hardness in men unto the wilfulness of their own corrupt hearts . 3. hence may be received good light for the cutting off of some , the moderating of other some , and the resolving of the rest of those questions which are now most in agitation , not only in the church of england , but in many foreign churches also , both popish and reformed , as viz. amongst others , these ; 1. whether christ was ordained a mediator in the intention of god for mankind indefinitely , or universally for all mankind , or only for the elect ? 2. whether all mankind have title to the second covenant , and to the promises and conditions therein proposed , or the elect only ? 3. whether the wicked , who are both disobedient and unbelievers , come under the sentence of condemnation formally , for their disobedience unto god in the breach of the first covenant , or for their unbelief , in not resting upon christ and the promises of the new covenant ? 4. in what comprehension man is to be considered as the object of predestination ? 5. whether or no god did elect men unto salvation in a certain and determinate number . 6. whether or no in electing men unto salvation god had respect unto christ ? 7. whether in electing some , and rejecting others , god was moved to decree as he did , from the faith or infidelity of the persons , or from any other thing whatsoever foreseen in them ? 8. whether the decrees of election reprobation be absolute and peremptory , and inalterable , by gods determination of them to a certain effect ; or so conditional and indeterminate , as that the performance , or non-performance of something required on our part , may either establish or annull them ? quod est quaerere , whether an elect person , by disobedience and unbelief , can cut off himself from the covenant of grace , as to be damned ; or a reprobate by faith and repentance , so lay hold on the covenant , as to be saved ? 9. whether a man by the power of his free-will can lay hold on christ by faith , and convert himself from sin by repentance and new obedience , without the grace of special illumination from the holy spirit of god ? 10. whether the right use of naturals be any cause to induce god to confer upon any man sufficient grace for his conversion ? 11. whether the same grace of spiritual illumination , which is sufficient and effectual for the conversion of one man , can in the same measure be effectual to another for his conversion ? 12. whether the efficacy of the grace of conversion depend upon the determination of man's free-will , so as by resisting to make it ineffectual ? 13. whether justification and sanctification be proper to the elect only ? 14. what measure of assurance we have concerning the justification of infants born of christian parents , and rightly baptized , before they come to the use of reason to commit actual sin ? 15. what measure of assurance we have concerning the salvation of such infants , so baptized , if they die before they come to the use of reason ? 16. whether a person once truly justified by his own actual faith , and sanctified with the spirit of holiness , can fall wholly from the state of grace , into the state of sin , in a total loss of faith , and other habitual graces ? 17. whether a person so justified and sanctified , can at the last fall away finally , and be damned ? concerning all which , and sundry other questions of like nature and use , albeit it would require a large treatise to give them but a right stating , much more a just discussion , yet the due consideration of the nine points premised in the former section , concerning the order of god's decrees , may give us some light into them all ; if not so far ( especially in some of them ) as to settle our judgments in a certain and infallible resolution , yet so far at least , as to keep our understandings within some competent bounds of sobriety and truth , that we neither lose our selves in curious enquiries to little purpose , nor suffer our judgments to be envenomed with the poison either of rank pelagian heresie , or semi-pelagian popery , or quarter pelagian and arminian novelty . bishop sanderson's judgment in one view for the settlement of the church . london , printed for richard marriott . 1678. bishop sanderson's judgment in one view . quest. how far we may indulge good and godly men of tender consciences dissenting from us in liberty of conscience . answ. first , besides that all parties pretend to godliness , papists , anabaptists , and what not ? ( even the late sprung up generation of levellers , whose principles are so destructive of all that order and justice by which publick societies are supported , do yet style themselves , as by a kind of peculiarity , the godly : ) and that secondly , it is the easiest thing in the world , and nothing more common , than for men to pretend conscience when they are not minded to obey . i do not believe thirdly ( though i am well perswaded of the godliness of many of them otherwise ) that the refusal of indifferent ceremonies enjoyned by lawful authority , is any part of their godliness ; or any good fruit , evidence , or sign thereof . but certain it is fourthly , that the godliest men are men , and know but in part ; and by the power of godliness in their hearts , are no more secured from the possibility of falling into errour through ignorance , than from the possibility of falling into sin through infirmity . and as for tenderness of conscience fifthly , a most gracious blessed fruit of the holy spirit of god , where it is really , and not in pretence only , nor mistaken , ( for sure it is no very tender conscience , though sometimes called so , that straineth at a gnat , and swalloweth a camel : ) it is with it , as with other tender things , very subject to receive harm , and soon put out of order . through the cunning of satan , it dangerously exposeth men to temptations on the right hand ; and through its own aptitude to entertain and to cherish unnecessary scruples , it strongly disposeth them to listen thereunto so long , till at the last they are overcome thereof . needful it is therefore , that in the publick teaching the errours should be sometimes refuted , and the temptations discovered : and this ever to be done seasonably , soberly , discreetly , and convincingly ; and when we are to deal with men whose consciences are ( so far as we can discern ) truly tender , with the spirit of meekness and compassion . for tender things must be tenderly dealt withal , or they are lost . i know it is not always so done ; nor can we expect it should . all preachers are neither so charitable , nor so prudent , nor so conscientious as they should be : and they that are such in a good measure are men still ; and may be transported now and then through passion and infirmity , beyond the just bounds of moderation . quest. whether good men should be suspended from the exercise of their ministry , and deprived of their livelyhood for ceremonies , which are on all hands acknowledged indifferent : and indeed in comparison to the work of the ministry are but trifles , however some men dote on them ? answ. let ceremonies ( secondly ) be as very trifles , as any man can imagine them to be ; yet obedience sure is no trifle . they mis-state the question , when they talk of pressing ceremonies . it is obedience ( formally ) that is required : ceremonies not otherwise pressed , than as the matter wherein that obedience is to be exercised . if a master appoint his servant to do some small matter that he thinketh fit to have done , though in it self of no great moment ; yet he will expect to be obeyed : and it is great reason he should . if in such case the servant should refuse to do the thing appointed , because he hath no mind thereunto ; and should receive a check or correction for such refusal : could he either sufficiently excuse his own fault , or reasonably complain of his master for dealing hardly with him , by saying the thing was but a trifle ? is it not evident , that the thing which made the master angry , and the servant an offender in that case , was not ( precisely and formally ) the leaving of the thing undone , ( which , had it not been commanded , might have been left undone without any fault or blame at all ; ) but the refusing to do it , when he that had a right to his service commanded him ? wherefore thirdly , that which is said of some mens doting so extremely on ceremonies , might have been well enough spared . i know no true son of the church of england , that doteth upon any ceremony , whatsoever opinion he may have of the decency or expediency of some of them . if any do , let him answer for himself . among wise men , he will hardly pass for a wise man , that doteth upon any . nor will he , i doubt , prove a much wiser man , that runs into the contrary extreme , and abhorreth all . it is true fourthly , that there have been long and unkind quarrels about these things ; more is the pity ! but where is the fault ? to whom is the beginning , and to whom the continuance of a quarrel rather imputable ? to him that demandeth his right ? or to him that withholdeth it from him ? for this is the plain case in short ; the bishops ( under the king ) require obedience to the laws ecclesiastical ; these men refuse to give it . so began the quarrel at first , and upon the same terms it continued . if the obedience challenged were indeed due to these laws , then did our brethren both begin the quarrel , and hold it on : if it were not , then must the whole blame lie upon them that claimed it unjustly , and not upon them . so that in the winding up of the business , the whole controversie will devolve upon this point , whether to the laws ecclesiastical obedience be due or not ? for the right determining whereof ( for so much as it is confest on all hands , that obedience is due to lawful autority commanding lawful things ) two other points are to be resolved ; the one cocerning the authority by which the constitutions were made ; the other concerning the lawfulness of the things therein required : the presbyterians of the kirk flatly and directly deny both : ours , less forward to declare their opinion in the former point , have chosen rather to stand upon the latter only . and so the point in issue is briefly this , whether the things commanded ( and particularly the ceremonies ) be lawful , yea or no. when for decency , order , or uniformities sake any constitutions are made concerning ceremonies , there is the same necessity of obeying such constitutions , as there is of obeying other laws made for the good of the commonwealth , concerning any other indifferent things . that such necessity , either in the one or the other , ariseth not properly from the authority of the immediate lawgiver ; but from the ordinance of god , who hath commanded us to obey the ordinance of men for his sake . that such necessity of obedience , notwithstanding the things remain in the same indifferency as before ; every way , in respect of their nature and quoad rem ( it being not in the power of accidental relations to change the natures of things ) and even in respect of their use , and quoad nos , thus far , that there is a liberty left for men , upon extraordinary and other just occasions , sometimes to do otherwise than the constitution requireth , extra casum scandali & contemptûs : a liberty which we dare not either take our selves , or allow to others , in things properly and absolutely necessary : upon which very account ( i mean the consideration of the indifferency of the things in themselves ) and upon which account alone it is , that many of the episcopal ( that is to say , the true english protestant ) divines , who sadly resent the voting down of the liturgy , festivals , and ceremonies of the church by so many former laws established , heartily desired heretofore the continuance , and as heartily still wish the restitution , and are ( by god's help ) ready with their tongues , pens , and sufferings to maintain and justifie the lawful use of the same ; do yet so far yield to the sway of the times , and are perswaded they may with a good conscience so do , as to forbear the use thereof in the publick worship , till it shall seem good to those that are in place of authority , either to restore them to their former state ( as it is well hoped , when they shall have duly considered the evil consequents of that vote , they will ) or at leastwise , and in the mean time to leave them arbitrary , for men , according to their several different judgments , to use or not to use , which seemeth but reasonable , the like favour and liberty in other kinds having been long allowed to almost all other sorts of men , though of never so distant perswasions one from another . lastly , that all laws made concerning ceremonies or other indifferent things , whether civil or ecclesiastical , are mutable : and as they were at first made by humane authority , so may they from time to time be by humane authority abrogated and repealed . and then and thenceforth they lose their obligation , whereby the necessity of yielding obedience thereunto wholly ceaseth and determineth ; and the things thereby commanded or prohibited return to their primitive and natural indifferency , even in their use also , and in respect of us . but in the case of our church now it is far otherwise : cap , surplice , cross , ring , and other ceremonies , which are the matter of our differences , though they be things indifferent for their nature , and in themselves ; yet are not so for their use , and unto us . if the church had been silent , if authority had prescribed nothing herein , these ceremonies had then remained for their use , as they are for their nature , indifferent , lawful , and such as might be used without sin ; and yet arbitrary , and such as might be also forborn without sin . but men must grant ( though they be unwilling , if yet they will be reasonable ) that every particular church hath power for decency and orders sake , to ordain and constitute ceremonies : which being once ordained , and by publick authority enjoyned , cease to be indifferent for their use , though they remain still so for their nature ; and of indifferent become so necessary , that neither may a man without sin refuse them , where authority requireth , nor use them , where authority restraineth the use . neither is this accession of necessity any impeachment to christian liberty , or insnaring of mens consciences , as some have objected : for then do we ensnare mens consciences by humane constitutions , where we thrust them upon men as if they were divine , and bind mens consciences to them immediately , as if they were immediate parts of god's worship , or of absolute necessity unto salvation . this tyranny and vsurpation over mens consciences the pharisees of old did , and the church of rome at this day doth exercise , and we justly hate in her , equalling , if not preferring her constitutions to the laws of god. but our church ( god be thanked ) is far from any such impious presumption ; and hath sufficiently declared her self by sosolemn protestation , enough to satisfie any ingenuous impartial judgment , that by requiring obedience to these ceremonial constitutions , she hath no other purpose , than to reduce all her children to an orderly conformity in the outward worship of god ; so far is she from seeking to draw any opinion , either of divine necessity upon the constitution , or of effectual holiness upon the ceremony . and as for the prejudice which seemeth to be hereby given to christian liberty , it is so slender a conceit , that it seemeth to bewray in the objectors a desire , not so much of satisfaction , as cavil . for first , the liberty of a christian to all indifferent things is in the mind and conscience , and is then infringed , when the conscience is bound and strained , by imposing upon it an opinion of doctrinal necessity . but it is no wrong to the liberty of a christian man's conscience , to bind him to outward observation for orders sake , and to impose upon him a necessity of obedience . which one distinction of doctrinal and obediential necessity well weighed , and rightly applied , is of it self sufficient to clear all doubts in this point . for , to make all restraint of the outward man in matters indifferent an impeachment of christian liberty , what were it else , but even to bring flat anabaptism and anarchy into the church ? and to overthrow all bond to subjection and obedience to lawful authority ? i beseech you consider , wherein can the immediate power and authority of fathers , masters , and other rulers over their inferiours consist , or the due obedience of inferiours be shewn towards them , if not in these indifferent and arbitrary things ? for , things absolutely necessary , as commanded by god , we are bound to do , whether human authority require them or no : and things absolutely unlawful , as prohibited by god , we are bound not to do , whether humane authority forbid them or no. there are none other things left then , wherein to express properly the obedience due to superiour authority , than these indifferent things . and if a father or master have power to prescribe to his child or servant in indifferent things , and such restraint be no way prejudicial to christian liberty in them , why should any man , either deny the like power to church governours , to make ecclesiastical constitutions concerning indifferent things ? or interpret that power to the prejudice of christian liberty ? and again , secondly , men must understand , that it is an errour to think ceremonies and constitutions to be things meerly indifferent ; i mean in the general . for howsoever every particular ceremony be indifferent , and every particular constitution arbitrary and alterable ; yet that there should be some ceremonies , it is necessary necessitate absoluta , inasmuch as no outward work can be performed without ceremonial circumstances , some or other : and that there should be some constitutions concerning them , it is also necessary ( though not simply and absolutely , as the former , yet ex hypothesi , and ) necessitate convenientiae : otherwise , since some ceremonies must needs be used , every parish , may every man would have his own fashion by himself , as his humour led him , whereof what other could be the issue , but infinite distraction and unorderly confusion in the church ? and again , thirdly , to return their weapon upon themselves , if every restraint in indifferent things be injurious to christian liberty , then themselves are injurious , no less by their negative restraint from some ceremonies , wear not , cross not , kneel not , &c. than they would have the world believe our church is by her positive restraint unto these ceremonies of wearing , and crossing , and kneeling , &c. let indifferent men judge , nay let themselves that are parties judge , whether is more injurious to christian liberty , publick authority by mature advice commanding what might be forborn , or private spirits , through humorous dislikes , forbidding what may be used ; the whole church imposing the use , or a few brethren requiring the forbearance of such things as are otherwise and in themselves equally indifferent for use , for forbearance . but they say , our church makes greater matters of ceremonies than thus , and preferreth them even before the most necessary duties of preaching and administring the sacraments ; inasmuch as they are imposed upon ministers under pain of suspension and deprivation from their ministerial functions and charges . first , for actual deprivation , i take it , unconforming ministers have no great cause to complain . our church , it is well known , hath not always used that rigour she might have done . where she hath been forced to proceed as far as deprivation , she hath ordinarily by her fair , and slow , and compassionate proceeding therein , sufficiently manifessed her unwillingness thereto : and declare her self a mother everyway indulgent enough to such ill-nurtured children as will not be ruled by her . secondly , those that are suspended or deprived , suffer it but justly for their obstinacy and contempt : for , howsoever they would bear the world in hand , that they are the only persecuted ones , and that they suffer for their consciences ; yet in truth they do but abuse the credulity of the simple therein ; and herein ( as in many other things ) jump with the papists , whom they would seem above all others most abhorrent from . for as seminary priests and iesuits give it out that they suffer for religion , when the very truth is , they are justlty executed for their prodigious treasons , and felonious or treacherous practices against lawful princes and estates : so the brethren pretend they are persecuted for their consciences , when they are indeed but justly censured for thier obstinate and pertinacious contempt of lawful authority . for it is not the refusal of these ceremonies they are deprived for , otherwise than as the matter wherein they shew their contempt : it is the contempt it self , which formerly and properly subjecteth them to just ecclesiastical censure of suspension or deprivation . and contempt of authority , though in the smallest matter , deserveth no small punishment ; all authority having been ever solicitous ( as it hath good reason ) above all things to vindicate and preserve it self from contempt , by inflicting sharp punishments upon contemptuous persons in the smallest matters , above all other sorts of offenders in any degree whatsoever . thus have we shewed and cleared the first and main difference betwixt the case of my text , and the case of our church , in regard of the matter ; the things whereabout they differed , being every way indifferent , ours not so . the determination of superiours may and ought to restrain us in the outward exercise of our christian liberty . we must submit our selves to every ordinance of man , saith st. peter , 1 pet. 2. 13. and it is necessary we should do so ; for so is the will of god , ver . 15. neither is it against christian liberty if we do so ; for we are still as free as before : rather if we do not so , we abuse our liberty for a cloak of maliciousness , as it followeth there , ver . 16. and st. paul telleth us we must needs be subject , not only for fear , because the magistrate carrieth not the sword in vain ; but also for conscience sake , because the powers that are , are ordained of god. this duty , so fully pressed and so uniformly by these two grand apostles , is most apparent in private societies . in a family , the master , or pater familias , who is a kind of petty monarch there , hath authority to prescribe to his children and servants in the use of those indifferent things whereto yet they , as christians , have as much liberty as he . the servant , though he be the lord's free-man , yet is limited in his diet , lodging , livery , and many other things by his master ; and he is to submit himself to his master's appointment in these things , though perhaps in his private affection he had rather his master had appointed otherwise : and perhaps withal in his private judgment , doth verily think it fitter his master should appoint otherwise . if any man , under colour of christian liberty , shall teach otherwise , and exempt servants from the obedience of their masters in such things ; st. paul in a holy indignation inveigheth against such a man , not without some bitterness , in the last chapter of his epistle , as one that is proud , and knoweth nothing , as he should do , but doteth about questions and strife of words , &c. ver . 3 , 5. now look what power the master hath over his servants for the ordering of his family , no doubt the same at the least , if not much more , hath the supreme magistrate over his subjects , for the peace of the commonwealth , the magistrate being pater patriae , as the master is pater familias . whosoever then shall interpret the determinations of magistrates in the use of the creatures to be contrary to the liberty of a christian ; or under that colour shall exempt inferiours from their obedience to such determinations ; he must blame st. paul , nay , he must blame the holy ghost , and not us , if he hear from us that he is proud , and knoweth nothing , and doteth about unprofitable questions . surely , but that experience sheweth us it hath been so , and the scriptures have foretold us that it should be so , that there should be differences , and sidings , and part-takings in the church : a man would wonder how it should ever sink into the hearts and heads of sober understanding men , to deny either the power in superiours to ordain , or the necessity in inferiours to obey laws and constitutions , so restraining us in the use of the ceratures . neither let any man cherish his ignorance herein , by conceiting , as if there were some difference to be made between civil and ecclesiastical things , and laws and persons in this behalf . the truth is , our liberty is equal in both ; the power of superiours for restraint equal in both , and the necessity of obedience in inferiours equal to both . no man hath yet been able to shew , nor i think ever shall be , a real and substantial difference indeed between them to make an inequality : but that still , as civil magistrates have sometimes , for just politick respects , prohibited some trades , and manufactures , and commodities , and enjoyned other some , and done well in both ; so church governours may upon good considerations ( say it be but for order and uniformities sake ) prescribe the times , places , vestments , gestures , and other ceremonial circumstances to be used in ecclesiastical offices and assemblies : as the apostles in the first council holden at ierusalem , in acts 15. laid upon the churches of the gentiles for a time a restraint from the eating of blood , and things sacrificed to idols , and strangled . thus we see our christian liberty unto the creatures may without prejudice admit of some restraints in the outward exercise of it , and namely from the three respects , of christian sobriety , of christian charity , and of christian duty and obedience . but now in the comparing of these together , when there seemeth to be a repugnancy between one and another of them , there may be some difficulty : and the greatest difficulty , and which hath bred most trouble , is in comparing the cases of scandal and disobedience together , when there seemeth to be a repugnancy between charity and duty . as for example ; suppose in a thing which simply and in it self we may lawfully , according to the liberty we have in christ , either use or forbear ; charity seemeth to lay restraint upon us one way , our weak brother expecting we should forbear , and duty a quite contrary way , authority requiring the use : in such a case what are we to do ? it is against charity to offend a brother ; and it is against duty to disobey a superiour . and yet something must be done ; either we must use , or not use ; forbear , or not forbear . for the untying of this knot ( which , if we will but lay things rightly together , hath not in it so much hardness as it seemeth to have ) let this be our seventh position . in the use of the creatures , and all indifferent things , we ought to bear a greater regard to our publick governours , than to our private brethren ; and be more careful to obey them , than to satisfie these , if the same course will not in some mediocrity satisfie both . alas , that our brethren , who are contrary minded , would but with the spirit of sobriety admit common reason to be umpire in this case : alas , that they would but consider what a world of contradictions would follow upon the contrary opinion , and what a world of confusions upon the contrary practice . say what can be said in the behalf of a brother , all the same , and more may be said for a governour : for a governour is a brother too , and something more ; and duty is charity too , and something more . if then i may not offend my brother , then certainly not my governour ; because he is my brother too , being a man , and a christian , as well as the other is . and the same charity that bindeth me to satisfie another brother , equally bindeth me to satisfie this . so that , if we go no farther , but even to the common bond of charity , and relation of brotherhood , that maketh them equal at the least ; and therefore no reason , why i should satisfie one that is but a private brother , rather than the publick magistrate , who ( that publick respect set aside ) is my brother also . when the scales hang thus even , shall not the accession of magistracy to common brotherhood in him , and of duty to common charity in me , be enough to cast it clear for the magistrate ? shall a servant in a family , rather than offend his fellow-servant , disobey his master ? and is not a double scandal against charity and duty both ( for duty implieth charity ) greater than a single scandal against charity alone ? if private men will be offended at our obedience to publick governours , we can but be sorry for it : we may not redeem their offence by our disobedience . he that taketh offence where none is given , sustaineth a double person , and must answer for it , both as the giver and the taker . if offence be taken at us , there is no wo to us for it , if it do not come by us ; wo to the man by whom the offence cometh : and it doth not come by us , if we do but what is our duty to do . the rule is certain and equitable ; the respect of private scandal ceaseth , where lawful authority determineth our liberty ; and that restraint which proceedeth from special duty , is of superiour reason to that which proceedeth but from common charity . quest. whether the king and parliament ought to impose any more upon us in matters of religion , than is imposed in the scripture ? or whether every one ought not to be left to serve god according to his best apprehensions out of the scripture ? answ. the opinion is , that to do any thing at all without direction from the scripture is unlawful and sinful . which if they would understand only of the substantials of gods worship , and of the exercises of spiritual and supernatural graces , the assertion were true and sound ; but as they extend it to all the actions of common life whatsoever , whether natural or civil , even so far as to the taking up of a straw , so it is altogether false and indefensible . i marvel what warrant they that so teach have from the scripture for that very doctrine ; or where they are commanded so to believe or teach . one of their chiefest refuges is the text we now have in hand ; but i shall anon drive them from this shelter . the other places usually alledged speak only , either of divine and supernatural truths to be believed , or else of works of grace or worship to be performed , as of necessity unto salvation ; which is not to the point in issue . for it is freely conscised , that in things of such nature the holy scripture is , and so we are to account it , a most absolute sufficient direction . upon which ground we heartily reject all humane traditions , devised and intended as supplements to the doctrine of faith contained in the bible , and annexed as codicils to the holy testament of christ , for to supply the defects thereof . the question is wholly about things in their nature indifferent ; such as are the use of our food , raiment , and the like , about which the common actions of life are chiefly conversant : whether in the choice and use of such things , we may not be sometimes sufficiently guided by the light of reason and the common rules of discretion ; but that we must be able ( and are so bound to do , or else we sin ) for every thing we do in such matters , to deduce our warrant from some place or other of scripture . before the scriptures were writ ten , it pleased god by visions , and dreams , and other like revelations , immediately to make known his good pleasure to the patriarchs and prophets , and by them unto the people : which kind of revelations served them to all the same intents and purposes , whereto the sacred scriptures now do us , viz. to instruct them what they should believe and do for his better service , and the furtherance of their own salvations . now as it were unreasonable for any man to think , that they either had or did expect an immediate revelation from god every time they eat , or drank , or bought , or sold , or did any other of the common actions of life , for the warranting of each of those particular actions to their consciences ; no less unreasonable it is to think , that we should now expect the like warrant from the scriptures for the doing of the like actions . without all doubt the law of nature , and the light of reason , was the rule whereby they were guided for the most part in such matters , which the wisdome of god would never have left in them or us , as a principal relick of his decayed image in us , if he had not meant that we should make use of it for the direction of our lives and actions thereby . certainly god never infused any power into any creature , whereof he intended not some use . else , what shall we say of the indies and other barbarous nations , to whom god never vouchsafed the lively oracles of his written word ? must we think that they were left a lawless people , without any rule at all whereby to order their actions ? how then come they to be guilty of transgression ? for where there is no law , there can be no transgression . or how cometh it about that their consciences should at any time , or in any case , either accuse them , or excuse them , if they had no guide nor rule to walk by ? but if we must grant they had a rule ( and there is no way , you see , but grant it we must ; ) then we must also of necessity grant , that there is some other rule for humane actions besides the written word ; for that we presupposed these nations to have wanted . which rule , what other could it be than the law of nature , and of right reason , imprinted in their hearts ? which is as truly the law and word of god , as is that which is printed in our bibles . so long as our actions are warranted either by the one or the other , we cannot be said to want the warrant of god's word : nec differet scriptura an ratione consistat , saith tertullian ; it mattereth not much from whether of both we have our direction , so long as we have it from either . you see then those men are in a great errour , who make the holy scriptures the sole rule of all humane actions whatsoever . for the maintenance whereof , there was never yet produced any piece of an argument , either from reason , or from authority of holy writ , or from the testimony either of the ancient fathers , or of other classical divines of later times ; which may not be clearly and abundantly answered , to the satisfaction of any rational man not extremely fore-possessed with prejudice . they who think to salve the matter by this mitigation , that at leastwise our actions ought to be framed according to those general rules of the law of nature , which are here and there in the scriptures dispersedly contained ( as viz. that we should do , as we would be done to ; that all things be done decently and orderly , and unto edification ; that nothing be done against conscience , and the like ) speak somewhat indeed to the truth , but little to the purpose . for they consider not , first , that these general rules are but occasionally and incidentally mentioned in scripture , rather to manifest unto us a former , than to lay upon us a new obligation . secondly , that those rules had been of force for the ordering of mens actions , though the scripture had never expressed them ; and were of such force before those scriptures were written , wherein they are now expressed . for they bind not originally qua scripta , but qua justa ; becuase they are righteous , not because they are written . thirdly , that an action conformable to these general rules might not be condemned as sinful , although the doer thereof should look at those rules meerly as they are the dictates of the law of nature ; and should not be able to vouch his warrant for it from any place of scripture , neither should have at the time of the doing thereof any present thought or consideration of any such place . the contrary whereunto , i permit to any man's reasonable judgment , if it be not desperately rash and uncharitable to affirm . lastly , that if mens actions done agreeably to those rules are said to be of faith , precisely for this reason , because those rules are contained in the word : then it will follow , that before those particular scriptures were written , wherein any of those rules are first delivered , every action done according to those rules had been done without faith ( there being as yet no scripture for it ) and consequently had been a sin . so that by this doctrine it had been a sin ( before the witing of s. matthew's gospel ) for any man to have done to others , as he would they should do to him ; and it had been a sin ( before the writing of the former epistle to the corinthians ) for any man to have done any thing decently and orderly ; supposing these two rules to be in those two places first mentioned : because ( this supposed ) there could then have been no warrant brought from the scriptures for so doing . well then , we see the former opinion will by no means hold , neither in the rigour of it , nor yet in the mitigation . we are therefore to beware of it , and that so much the more heedfully , because of the evil consequents and effects that issue from it ; to wit , a world of superstitions , uncharitable censures , bitter contentions , contempt of superiours , perplexities of conscience . first , it filleth mens heads with many superstitious conceits , making them to cast impurity upon sundry things , which yet are lawful to as many as use them lawfully . for the taking away of the indifferency of any thing that is indifferent , is in truth superstition , whether either of the two ways it be done ; either by requiring it as necessary , or by forbidding it as unlawful . he that condemneth a thing as utterly unlawful , which yet indeed is indifferent , and so lawful , is guilty of superstition , as well as he that enjoyneth a thing as absolutely necessary , which yet indeed is but indifferent , and so arbitrary . they of the church of rome , and some in our church , as they go upon quite contrary grounds , yet both false ; so they run into quite contrary errours , and both superstitious . they decline too much on the left hand , denying to holy scripture that perfection which of right it ought to have ; of containing all appertaining to that supernatural doctrine of faith and holiness , which god hath revealed to his church for the attainment of everlasting salvation ; whereupon they would impose upon christian people , & that with an opinion of necessity , many things which the scriptures require not ; and that is a superstition . these wry too much on the right hand , ascribing to the holy scripture such a kind of perfection as it cannot have ; of being the sole directour of all humane actions whatsoever : whereupon they forbid unto christian people , and that under the name of sin , sundry things which the holy scripture condemneth not ; and that is a superstition too . from which superstition proceedeth , in the second place , uncharitable censuring ; as evermore they that are the most superstitious , are the most supercilious . no such severe censurers of our blessed saviour's person and actions , as the superstitious scribes and phariseees were . in this chapter , the special fault , which the apostle blameth in the weak ones ( who were somewhat superstitiously affected ) was their rash and uncharitable judging of their brethren . and common and daily experience among our selves sheweth how freely some men spend their censures upon so many of their brethren , as without scruple do any of those things , which they upon false grounds have superstitiously condemned as utterly unlawful . and then thirdly , as unjust censures are commonly entertained with scorn and contumely ; they that so liberally condemn their brethren of prophaneness , are by them again as freely slouted for their preciseness : and so whiles both parties please themselves in their own ways , they cease not mutually to provoke and scandalize and exasperate one the other , pursuing their private spleens so far , till they break out into open contentions and oppositions . thus it stood in the roman church , when this epistle was written . they judged one another , and despised one another , to the great disturbance of the churches peace , which gave occasion to our apostles whole discourse in this chapter . and how far the like censurings and despisings have embittered the spirits , and whetted both the tongues and pens of learned men one against another in our own church ; the stirs that have been long since raised , and are still upheld by the factious opposers against our ecclesiastical constitutions , government , and ceremonies , will not suffer us to be ignorant . most of which stirs , i verily perswade my self , had been long ere this either wholly buried in silence , or at leastwise prettily well quieted , if the weakness and danger of the errour whereof we now speak , had been more timely discovered , and more fully and frequently made known to the world than it hath been . fourthly , let that doctrine be once admitted , and all humane authority will soon be despised . the commands of parents , masters , and princes , which many times require both secrecy and expedition , shall be taken into slow deliberation , and the equity of them sifted by those that are bound to obey , though they know no cause why , so long as they know no cause to the contrary . delicata est obedientia , quae transit in causam deliberativam . it is a nice obedience in st. bernard's judgment , yea rather troublesome and odious , that is over-curious in discussing the commands of superiours , boggling at every thing that is enjoyned , requiring a why for every wherefore , and unwilling to stir until the lawfulness and expediency of the thing commanded shall be demonstrated by some manifest reason or undoubted authority from the scriptures . lastly , the admitting of this doctrine would cast such a snare upon men of weak judgments , but tender consciences , as they should never be able to unwind themselves again . mens daily occasions for themselves or friends , and the necessities of common life , require the doing of a thousand things within the compass of a few days , for which it would puzzle the best textman that liveth , readily to bethink himself of a sentence in the bible , clear enough to satisfie a scrupulous conscience of the lawfulness and expediency of what he is about to do ; for which , by hearkening to the rules of reason and discretion , he might receive easie and speedy resolution . in which cases if he should be bound to suspend his resolution , & delay to do that which his own reason would tell him were presently needful to be done , until he could haply call to mind some precept or example of scipture for his warrant , what stops would it make in the course of his whole life ? what languishings in the duties of his calling ? how would it fill him with doubts and irresolutions , lead him into a maze of uncertainties , entangle him in a world of woful perplexities , and ( without the great mercy of god , and better instruction ) plunge him irrecoverably into the gulph of despair ? since the chief end of the publication of the gospel is to comfort the hearts , and to revive and refresh the spirits of god's people , with the glad tidings of liberty from the spirit of bondage and fear , and of gracious acceptance with their god ; to anoint them with the oyl of gladness , giving them beauty for ashes , and instead of sackcloth girding them with joy : we may well suspect that doctrine not to be evangelical , which thus setteth the consciences of men upon the rack , tortureth them with continual fears and perplexities , and prepareth them thereby unto hellish despair . quest. what are the dreadful consequences of scrupling some indifferent things ? answ. although difference of judgment should not alienate our affections one from another , yet daily experience sheweth it doth . by reason of that self-love , and envy , and other corruptions that abound in us , it is rarely seen that those men are of one heart , that are of two minds . st. paul found it so with the romans in his time : whilst some condemned that as unlawful , which others practised as lawful ; they judged one another , and despised one another , perpetually . and i doubt not , but any of us , that is any-whit-like acquainted with the wretched deceitfulness of man's heart , may easily conclude how hard a thing it is ( if at all possible ) not to think somewhat hardly of those men , that take the liberty to do such things as we judge unlawful . as for example ; if we shall judge all walking into the fields , discoursing occasionally on the occurrences of the times , dressing of meat for dinner or supper , or even moderate recreations on the lord's day , to be grievous prophanations of the sabbath ; how can we chuse but judge those men that use them to be grievous prophaners of god's sabbath ? and if such our judgment concerning these things should after prove to be erroneous ; then can it not be avoided , but that such our judgment also concerning the persons must needs be uncharitable . secondly , this mis-judging of things filleth the world with endless niceties and disputes , to the great disturbance of the churches peace , which to every good man ought to be precious . the multiplying of books and writings pro and con , and pursuing of arguments with heat and opposition , doth rather lengthen than decide controversies ; and instead of destroying the old , begetteth new ones : whiles they that are in the wrong out of obstinacy will not , and they that stand for the truth out of conscience dare not , may not yield ; and so still the war goeth on . and as to the publick peace of the church , so is there also , thirdly , by this means great prejudice done to the peace and tranquillity of private mens consciences ; when by the peremptory doctrines of some strict and rigid masters the souls of many a well-meaning man are miserably disquieted with a thousand unnecessary scruples , and driven sometimes into very woful perplexities . surely it can be no light matter thus to lay heavy burdens upon other mens shoulders , and to cast a snare upon their consciences , by making the narrow way to heaven narrower than ever god meant it . fourthly , hereby christian governours come to be robbed of a great part of that honour that is due unto them from their people , both in their affections and subjection . for when they shall see cause to exercise over us that power that god hath left them in indifferent things , by commanding such or such thing to be done , as namely , wearing of a surplice , kneeling at the communion , and the like : if now we in our own thoughts have already prejudged any of the things so commanded to be unlawful , it cannot be . quest. if these things be so , how comes it to pass that so many godly men should incline so much to this way ? answ. but you will say , if these things were so , how should it then come to pass that so many men pretending to godliness ( and thousands of them doubtless such as they pretend ; for it were an uncharitable thing to charge them all with hypocrisie ) should so often and so grievously offend this way ? to omit those two more universal causes ; almighty god's permission first , whose good pleasure it is for sundry wise and gracious ends , to exercise his church , during her warfare here , with heresies and scandals : and then the wiliness of satan , who cunningly observeth whether way our hearts incline most , to loosness , or to strictness , and then frameth his temptations thereafter : so he can but put us out of the way , it is no great matter to him on whether hand it be ; he hath his end howsoever . nor to insist upon sundry more particular causes ; as namely , a natural proneness in all men to superstition ; in many an affectation of singularity , to go beyond the ordinary sort of people in something or other ; the difficulty of shunning one without running into the contrary extreme ; the great force of education and custome ; besides manifold abuses , offences , and provocations arising from the carriage of others , and the rest ; i shall note but these two only , as the two great fountains of errour ( to which also most of the other may be reduced ) ignorance and partiality ; from neither of which god 's dearest servants and children are in this life wholly exempted . ignorance first is a fruitful mother of errours ; ye err not knowing the scriptures , matth. 22. yet not so much gross ignorance neither ; i mean not that . for your meer ignaro's , what they err , they err for company ; they judge not at all , neither according to the appearance , nor yet righteous judgment : they only run on with the herd , and follow as they are led , be it right or wrong , and never trouble themselves farther . but by ignorance i mean weakness of judgment , which consisteth in a disproportion between the affections and the understanding ; when a man is very earnest , but withal very shallow ; readeth much , and heareth much , and thinketh that he knoweth much , but hath not the judgment to sever truth from falshood , nor to discern between a sound argument and a captious fallacy . and so for want of ability to examine the soundness and strength of those principles from whence he fetcheth his conclusions , he is easily carried away , as our apostle elsewhere speaketh , with vain words and empty arguments . as st. augustine said of donatus , rationes arripuit , he catcheth hold of some reasons ( as wranglers will catch at a small thing , rather than yield from their opinions ) quas considerantes , verisimiles esse potius quam veras invenimus , which saith he , we found to have more shew of probability at the first appearance , than substance of truth after they were well considered of . and i dare say , whosoever shall peruse with a judicious and unpartial eye most of those pamphlets , that in this daring age have been thrust into the world against the ceremonies of the church , against episcopal government ( to pass by things of lesser regard and usefulness , and more open to exception and abuse , yet , so far as i can understand , unjustly condemned as things utterly unlawful ; such as are lusorious lots , dancing , stage-plays , and some other things of like nature ) when he shall have drained out the bitter invectives , unmannerly jeers , petulant girding at those that are in authority , impertinent digressions , but above all those most bold and perverse wrestings of holy scripture , wherewith such books are infinitely stuffed , he shall find that little poor remainder that is left behind to contain nothing but vain words and empty arguments . for when these great undertakers have snatch'd up the bucklers , as if they would make it good against all comers , that such and such things are utterly unlawful , and therefore ought in all reason and conscience to bring such proofs as will come up to that conclusion , quid dignum tanto ? very seldome shall you hear from them any other arguments , than such as will conclude but an inexpediency at the most . as , that they are apt to give scandal ; that they carry with them an appearance of evil ; that they are often occasions of sin ; that they are not commanded in the word , and such like . which objections , even where they are just , are not of force ( no not taken altogether , much less any of them singly ) to prove a thing to be utterly unlawful . and yet are they glad many times , rather than sit out , to play very small game , and to make use of arguments yet weaker than these , and such as will not reach so far as to prove a bare inexpediency : as , that they were invented by heathens ; that they have been abused in popery , and other such like : which , to my understanding , is a very strong presumption , that they have taken a very weak cause in hand , and such as is wholly destitute of sound proof . quest. whether what the king and parliament have determined may be altered to satisfie private men ? answ. while things are in agitation , private men may , if any thing seem to them inexpedient , modestly tender their thoughts , together with the reason thereof , to the consideration of those that are in authority , to whose care and wisdom it belongeth , in prescribing any thing concerning indifferent things , to proceed with all just advisedness and moderation , that so the subject may be encouraged to perform that obedience with chearfulness , which of necessity he must perform howsoever . it concerneth superiours therefore to look well to the expediency and inexpediency of what they enjoyn in indifferent things ; wherein if there be a fault , it must lie upon their account ; the necessity of obedience is to us a sufficient discharge in that behalf . only it were good we did remember , that they are to give up that account to god only , and not to us . but after that things are once concluded and established by publick authority , acts passed , and constitutions made concerning the same , and the will and pleasure of the higher powers sufficiently made known thererein ; then for private men to put in their vie , and with unseasonable diligence to call in question the decency or expediency of the things so established , yea with intolerable pride to refuse obedience thereunto meerly upon this pretension , that they are undecent or inexpedient , is it self the most indecent and inexpedient thing that can be imagined . for that the fear of offending a private brother , is a thing not considerable in comparison of the duty of obedience to a publick governour , might be shown so apparently by sundry arguments , if we had time to enlarge and illustrate them , as might sufficiently convince the judgment of any man not wilfully obstinate in that point . i shall only crave leave briefly to touch at some of them . first then , when governours shall have appointed what seemed to them expedient , and private men shall refuse to observe the same , pretending it to be inexpedient , who shall judge thereof ? either they themselves that take the exceptions must be judges , which is both unreasonable and preposterous ; or else every man must be his own judge , which were to overthrow all government , and to bring in a confusion , every man to do what is good in his own eyes ; or else the known governours must judge , and then you know what will follow , even to submit and obey . secondly , to allow men , under the pretence of inexpediency , and because of some offence that may be taken thereat , to disobey laws and constitutions made by those that are in authority , were the next way to cut the sinews of all authority , and to bring both magistrates and laws into contempt . for what law ever was made , or can be made so just and so reasonable , but some man or other either did , or might take offence thereat : and what man that is disposed to disobey , but may pretend one inexpediency or other , wherewith to countenance out such his disobedience ? thirdly , it is agreed by consent of all that handle the matter of scandal , that we may not commit any sin whatsoever , be it never so small , for the avoiding of any scandal , be it never so great : but to disobey lawful authority in lawful things , is a sin against the fifth commandment . therefore we may not redeem a scandal by such our disobedience , nor refuse to do the thing commanded by such authority , whosoever should take offence thereat . fourthly , though lawfulness and unlawfulness be not , yet expediency and inexpediency are ( as we heard ) capable of the degrees of more and less ; and then in all reason , of two inexpedient things we are to do that which is less inexpedient , for the avoiding of that which is more inexpedient . say then there be an inexpediency in doing the thing commanded by authority , when a brother is thereby offended ; is there not a greater inexpediency in not doing it , when the magistrate is thereby disobeyed ? is it not more expedient and conducing to the common good , that a publick magistrate should be obeyed in a just command , than that a private person should be gratified in a causless scruple ? fifthly , when by refusing obedience to the lawful commands of our superiours , we think to shun the offending of one or two weak brethren , we do in truth incur thereby a far more grievous scandal , by giving offence to hundreds of others , whose consciences by our disobedience will be emboldned to that , whereto corrupt nature is but too too prone , to affront the magistrate , and despise the authority . lastly , where we are not able to discharge both , debts of justice are to be payed before debts of charity . now the duty of obedience is debitum justitiae , and a matter of right ; my superiour may challenge it at my hands as his due , and i do him wrong if i withhold it from him . but the care of not giving offence is but debitum charitatis , and a matter but of courtesie . i am to perform it to my brother in love , when i see cause , but he cannot challenge it from me as his right ; nor can justly say i do him wrong if i neglect it . it is therefore no more lawful for me to disobey the lawful command of a superiour , to prevent thereby the offence of one or a few brethren , than it is lawful for me to do one man wrong , to do another man a courtesie withal ; or than it is lawful for me to rob the exchequer to relieve an hospital . i see not yet how any of these six reasons can be fairly avoided ; and yet ( which would be considered ) if but any one of them hold good , it is enough to carry the cause ; and therefore i hope there need be no more said in this matter . to conclude then , for the point of practice ( which is the main thing i aimed at in the choice of this text , and my whole meditations thereon ) we may take our direction in these three rules , easie to be understood and remembred , and not hard to be observed in our practice , if we will but bring our good wills thereunto . first , if god command we must submit without any more ado , and not trouble our selves about the expediency , or so much as about the unlawfulness : for both , abraham never disputed whether it were expedient for him , nor yet whether it were lawful for him to sacrifice his son or no , when once it appeared to him that god would have it so . secondly , if our superiours , endued with lawful authority thereunto , command us any thing , we may , and ( where we have just cause of doubt ) we ought to enquire into the unlawfulness thereof ; yet notwith such anxious curiosity , as if we desired to find out some loop-hole whereby to evade , but with such modest ingenuity , as may witness to god and the world the unfeigned sincerity of our desires , both to fear god , and to honour those that he hath set over us . and if having used ordinary moral diligence , bonâ fide , to inform our selves the best we can , there appear no unlawfulness in it , we are then also to submit and obey without any more ado , never troubling our selves farther to enquire whether it be expedient , yea or no. let them that command us look to that ; for it is they must answer for it , and not we . but then thirdly , where authority hath left us free , no command , either of god , or of those that are set ever us under god , having prescribed any thing to us in that behalf , there it is at our own liberty , and choice to do as we shall think good . yet are we not left so loose , as that we may do what we list , so as the thing be but lawful ( for that were licenciousness , and not liberty ; ) but we must ever do that , which according to the exigence of present circumstances ( so far as all the wisdome and charity we have will serve us to judge ) shall seem to us most expedient and profitable to mutual edification . this is the way ; god give us all grace to walk in it : so shall we bring glory to him , and to our selves comfort : so shall we further his work onward , and our own account at the last . quest. whether they that have taken the covenant may renounce it ? answ. thirdly , beware of engaging thy self to sin . it is a fearful thing when sin hath got a tie upon a man. then is one properly in the snare of the devil , when he hath him as it were in a string , and may lead him captive to what measure of presumption he will. and sundry ways may a man thus entangle himself ; by a verbal , by a real , by a sinful engagement . he shall do best to keep himself out of all these snares : but if once he be in , there is no way out again but one , even this , to loose his pledge , to break in sunder the bonds wherein he is tied , as sampson did the green wit hs , and to cast a way those cords from him . a man hath bound himself rashly by some promise , vow , or covenant , to do something he may not do , or not to do something he ought to do , he is now engaged in a sin ; the devil hath got this tie upon him : and though his conscience tell him he cannot proceed without sin , yet because of his vow , or his oath , he is wilful , and must on . it was herod's case for taking off the baptist's head ; it was against his conscience to do it , for he knew he had not deserved it ; yea , and it was against his mind too to do it ; for the text faith , he was exceeding sorry that his neece should put him upon it . but yet , saith the story withal , for his oath sake , and because the great ones about him should not say but the king would be as big as his word , he resolved it should be done , and gave commandment accordingly to have it done . this i call a verbal engagement . quest. whether we english men may think our selves bound by the solemn league and covenant ? answ. without betraying the liberty , which by our protestation we are bound , and in the third article of this covenant must swear , with our lives and fortunes to preserve . to which liberty the imposition of a new oath , other than is established by act of parliament , is expressed in the petition of right , and by the lords and commons in their declarations acknowledged to be contrary . 3. without acknowledging in the imposers a greater power than , for ought that appeareth to us , hath been in former times challenged ; or can consist with our former protestation ( if we rightly understand it ) is sundry the most material branches thereof . neither , secondly , are we satisfied , although the covenant should not be imposed on 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 , 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 annul and make void the same at his pleasure . 2. how we can ( now that his majesty hath by his publick interdict sufficiently made known his pleasure in that behalf ) enter into a covenant , the taking whereof he hath expresly forbidden , without forfeiting that obedience , which ( as we are perswaded ) by our natural allegiance and former oaths 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 kingdom . quest. what shall a man do , that scruples in conscience what authority enjoyns as unlawful . answ. but then thirdly , if the liberty of the agent be determined by the command of some superiour power to whom he oweth obedience , so as he is not now sui juris ad hoc , to do or not to do at his own choice , but to do what he is commanded : this one circumstance quite altereth the whole case , and now he is bound in conscience to do the thing commanded ; his doubtfulness of mind , whether that thing be lawful or no , notwithstanding . to do that whereof he doubteth , where he hath free liberty to leave it undone , bringeth upon him ( as we have already shewn ) the guilt of wilful transgression ; but not so , where he is not left to his own liberty . and where lawful authority prescribeth in alterutram partem , there the liberty ad utramque partem contradictionis is taken away , from so many as are under that authority . if they that are over them have determined it one way , it is not thenceforth any more at their choice , whether they will take that way or the contrary : but they must go the way that is appointed them , without gainsaying or grudging . and if in the deed done at the command of one that is endued with lawful authority there be a sin , it must go on his score that requireth it wrongfully , not on his that doth but his duty in obeying . a prince commandeth his subjects to serve in his wars ; it may be the quarrel is unjust , it may be there may appear to the understanding of the subject great likely hoods of such injustice , yet may the subject for all that fight in that quarrel ; yea , he is bound in conscience so to do : nay , he is deep in disloyalty and treason if he refuse the service , whatsoever pretentions he may make of conscience for such refusal . neither need that fear trouble him , left he should bring upon himself the guilt of innocent blood ; for the blood that is unrighteously shed in that quarrel , he must answer for that set him on work , not he that spilt it . and truly it is a great wonder to me , that any man endued with understanding , and that is able in any measure to weigh the force of those precepts and reasons which bind inferiours to yield obedience to their superiours , should be otherwise minded in cases of like nature . whatsoever is commanded us by those whom god hath set over us , either in church , commonwealth , or family ( quod tamen non sit certum displicere deo , saith st. bernard ) which is not evidently contrary to the law and will of god , ought to be of us received and obeyed no otherwise , than as if god himself had commanded it , because god himself hath commanded us to obey the higher powers , and to submit our selves to their ordinances . say it be not well done of them to command it , sed enim quid hoc refert tuâ ? saith he , what is that to thee ? let them look to that whom it concerneth : tolle quod tuum est , & vade . do thou what is thine own part faithfully , and never trouble thy self further . ipsum , quem pro deo habemus , tanquam deum in his quae apertè non sunt contra deum audire debemus ; bernard still . god's vicegerents must be heard and obeyed in all things that are not manifestly contrary to the revealed will of god. but the thing required is against my conscience , may some say , & i may not go against my conscience for any mans pleasure . judge i pray you what perversness is this , when the b. apostle commandeth thee to obey for conscience sake , that thou shouldst disobey , and that for conscience sake too : he chargeth thee upon thy conscience to be subject , and thou pretendest thy conscience to free thee from subjection . this by the way ; now to the point . thou sayest it is against thy conscience ; i say again , that ( in the case whereof we now speak , the case of doubtfulness ) it is not against thy conscience : for doubting properly is motus indifferens in utramque partem contradictionis , when the mind is held in suspence between two ways , uncertain whether of both to take to ; when the scales hang even ( as i said before ) and in aequilibrio , without any notable propension or inclination to the one side more than to the other . and surely where things hang thus even , if the weight of authority will not cast the scale either way , we may well suppose that either the authority is made very light , or else there is a great fault in the beam . know ( brethren ) the gainsaying conscience is one thing , and the doubting conscience another . that which is done repugnante conscientiâ , the conscience of the doer flatly gainsaying it , that is indeed against a man's conscience , the conscience having already passed a definitive sentence the one way , and no respect or circumstance whatsoever can free it from sin . but that which is done dubitante conscientiâ , the conscience of the doer only doubting of it , and no more ; that is in truth no more against a man's conscience than with it ( the conscience as yet not having passed a definitive sentence either way ; ) and such an action may either be a sin , or no sin , according to those qualifications which it may receive from other respects and circumstances . if the conscience have already passed a judgment upon a thing , and condemned it as simply unlawful ; in that case it is true , that a man ought not by any means to do that thing , no not at the command of any magistrate ; no , not although his conscience have pronounced a wrong sentence , and erred in that judgment ; for then he should do it repugnante conscientiâ , he should go directly against his own conscience , which he ought not to do whatsoever come of it . in such a case certainiy he may not obey the magistrate ; yet let him know thus much withal , that he sinneth too in disobeying the magistate ; from which sin the following of the judgment of his own conscience cannot acquit him . and this is that fearful perplexity whereof i spake , whereunto many a man casteth himself by his own errour and obstinacy , that he can neither go with his conscience , nor against it , but he shall sin . and who can help it , if a man will needs cherish an errour , and persist in it ? but now if the conscience be only doubtful , whether a thing be lawful or no , but have not as yet passed a peremptory judgment against it ( yea , although it rather incline to think it unlawful ) in that case if the magistrate shall command it to be done , the subject with a good conscience may do it ; nay , he cannot with a good conscience refuse to do it , though it be dubitante conscientiâ . but you will yet say , that in doubtful cases the safer part is to be chosen . so say i too ; and am content that rule should decide this question ; only let it be rightly applied . thou thinkest it safer , where thou doubtest of the unlawfulness , to forbear than to do : as for example , if thou doubtest whether it be lawful to kneel at the communion , it is safest in thy opinion therefore for thee not to kneel . so should i think too , if thou wert left meerly to thine own liberty . but thou dost not consider how thou art caught in thine own net , and how the edge of thine own weapon may be turned upon thee point-blank , not to be avoided , thus . if authority command thee to kneel , which whether it be lawful for thee to do , or not , thou doubtest ; it cannot choose but thou must needs doubt also , whether thou mayest lawfully disobey , or not . now then here apply thine own rule , in dubiis pars tutior , and see what will come of it . judge , since thou canst not but doubt in both cases , whether it be not the safer of the two , to obey doubtingly , than to disobey doubtingly . tene certum , demitte incertum , is st. gregory his rule , where there is a certainty , and an uncertainty , let the uncertainty go , and hold to that which is certain . now the general is certain , that thou art to obey the magistrate in all things not contrary to the will of god ; but the particular is uncertain , whether the thing now commanded thee by the magistrate be contrary to the will of god ; ( i say uncertain to thee , because thou doubtest of it . ) deal safely therefore , and hold thee to that which is certain , and obey . but thou wilt yet alledge , that the apostle here condemneth the doing of any thing , not only with a gainsaying , but even with a doubting conscience , because doubting also is contrary to faith ; and he that doubteth is even for that condemned , if he eat . o beware of misapplying scripture ! it is a thing easily done , but not so easily answered . i know not any one gap that hath let in more , and more dangerous errours into the church , than this , that men take the word of the sacred text , fitted to particular occasions , and to the condition of the times wherein they were written , and then apply them to themselves , and others , as they find them , without due respect had to the differences that may be between those times and cases , and the present . sundry things spoken of in scripture agreeably to that infancy of the church , would sort very ill with the church in her fulness of strength and stature ; and sundry directions very expedient in times of persecution , and when believers lived mingled with infidels , would be very unseasonably urged , where the church is in a peaceable and flourishing estate , enjoying the favour , and living under the protection of gracious and religious princes . thus the constitutions that the apostles made concerning deacons and widows in those primitive times , are with much importunity , but very importunely withal , urged by the disciplinarians : and sundry other like things i might instance of this kind , worthy the discovery , but that i fear to grow tedious . briefly then , the apostles whole discourse in this chapter , and so wheresoever else he toucheth upon the point of scandals , is to be understood only in that case where men are left to their own liberty in the use of indifferent things : the romans , corinthians , and others to whom st. paul wrote about these matters , being not limited any way in the exercise of their liberty therein by any over-ruling authority . but where the magistrates have interposed , and thought good upon mature advice to impose laws upon those that are under them , whereby their liberty is ( not infringed , as some unjustly complain , in the inward judgment , but only ) limited in the outward exercise of it ; there the apostolical directions will not hold in the same absolute manner , as they were delivered to those whom they then concerned ; but only in the equity of them , so far forth as the cases are alike , and with such meet qualifications and mitigations , as the difference of the cases otherwise doth require . so that a man ought not , out of private fancy , or meerly because he would not be observed for not doing as others do , or for any the like weak respects , to do that thing , of the lawfulness whereof he is not competently perswaded , where it is free for him to do otherwise ; which was the case of these weak ones among the romans , for whose sakes principally the apostle gave these directions . but the authority of the magistrates intervening so , alters the case , that such a forbearance as to them was necessary , is to as many of us as are commanded to do this or that , altogether unlawful , in regard they were free , and we are bound , for the reasons already shewn , which i now rehearse not . but you will yet say ( for in point of obedience men are very loath to yield , so long as they can find any thing to plead ) those that lay these burdens upon us , at leastwise should do well to satisfie our doubts , and to inform our consciences concerning the lawfulness of what they enjoyn , that so we might render them obedience with better chearfulness . how willing are we sinful men to leave the blame of our miscarriages any where , rather than upon our selves ! but how is it not incongruous the while , that those men should prescribe rules to their governours , who can scarcely brook their governours should prescribe laws to them ? it were good we should first learn how to obey , ere we take upon us to teach our betters how to govern . however , what governours are bound to do , or what is fit for them to do in the point of information , that is not now the question . if they fail in any part of their bounden duty , they shall be sure to reckon for it one day ; but their iailing cannot , in the mean time , excuse thy disobedience . although i think it would prove a hard task for whosoever should undertake it , to shew that superiours are always bound to inform the consciences of their inferiours concerning the lawfulness of every thing they shall command . if sometimes they do it , where they see it expedient or needful ; sometimes again ( and that perhaps oftner ) it may be thought more expedient for them , and more conducible for the publick peace and safety , only to make known to the people what their pleasures are , reserving to themselves the reasons thereof . i am sure , in the point of ecclesiastical ceremonies and constitutions ( in which case the aforesaid allegations are usually most stood upon ) this hath been abundantly done in our church , not only in the learned writings of sundry private men , but by the publick declaration also of authority , as is to be seen at large in the preface commonly printed before the book of common prayer , concerning that argument , enough to satisfie those that are peaceable , and not disposed to stretch their wits to cavil at things established . and thus much of the second question , touching a doubting conscience ; whereon i have insisted the longer , because it is a point both so proper to the text , and whereat so many have stumbled . there remaineth but one other question , and that of far smaller difficulty ; what is to be done when the conscience is scrupulous ? i call that a scruple , when a man is reasonably well perswaded of the lawfulness of a thing , yet hath withal some jealousies and fears , lest perhaps it should prove unlawful . such scruples are most incident to men of melancholy dispositions , or of timorous spirits , especially if they be tender conscienced withal ; and they are much encreased by the false suggestions of satan , by reading the books , or hearing the sermons , or frequenting the company of men more strict , precise , and austere in sundry points , than they need or ought to be ; and by sundry other means which i now mention not . of which scruples it behooveth every man , first , to be wary that he doth not at all admit them , if he can choose : or if he cannot wholly avoid them , that , secondly , he endeavour , so far as may be , to eject them speedily out of his thoughts , as satan's snares , and things that may breed him worfer inconveniencies : or , if he cannot be so rid of them , that then , thirdly , he resolve to go on according to the more profitable perswasion of his mind , and despise those scruples . and this he may do with a good conscience , not only in things commanded him by lawful authority , but even in things indifferent and arbitrary , and wherein he is left to his own liberty . reasons of the present judgment of the university of oxford , concerning the solemn league and covenant . the negative oath . the ordinances concerning discipline and worship . approved by general consent in a full convocation , iune 1. 1647. and presented to consideration . london , printed for richard marriott . 1678. a solemn league and covenant for reformation and defence of religion , the honour and happiness of the king , and the peace and safety of the three kingdoms , england , scotland , and ireland . we noblemen , barons , knights , gentlemen , citizens , burgesses , ministers of the gospel , and commmons 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 kingdom of our lord and saviour iesus christ , the honour and happiness of the king's majesty , and his posterity , and the true publick liberty , safety , and peace of the kingdoms wherein every ones private devotion is included ; and calling to mind the treacherous and bloody plots , conspiracies , attempts , and practices of the enemies of god against the true 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 kingdom of england , and the dangerous estate of the church and kingdom of scotland , are present and publick testimonies ; we have now at last ( after other means 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 kingdoms in former times , and the example of god's people in other nations ; after mature deliberation resolved and determined to enter into a mutual and solemn league and covenant , wherein we all subscribe , and each one of us for himself , 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 several 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 kingdoms , 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 ecclesiastical officers depending on that hierarchy ) superstition , heresie , schism , profaneness , and whatsoever shall be found to be contrary to sound doctrine , and the power of godliness , lest we partake in other mens sins , and thereby be in danger to receive of their plagues , and that the lord may be one , and his name one in the three kingdoms . iii. we shall with the same sincerity , reality and constancy , in our several vocations , endeavour with our estates and lives , mutually to preserve the rights and priviledges of the parliaments , and the liberties of the kingdoms , and to preserve and defend the king's majesties person and authority , in the preservation and defence of the true religion and liberties of the kingdoms , that the world may bear witness with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majestie 's just power and greatness . iv. we shall also with all faithfulness endeavour the discovery of all such as have been , or shall be incendiaries , malignants , or evil instruments , by hindring the reformation of religion , dividing the king from his people , or one of the kingdoms from another , or making any faction or parties amongst the people , contrary to this league and covenant , that they may be brought to publick trial , and receive condign punishment , as the degree of their offences shall require or deserve , or the supream judicatories of both kingdoms respectively , or others having power from them for that effect , shall judge convenient . v. and whereas the happiness of a blessed peace between these kingdoms , denied in former times to our progenitours , is by the good providence of god granted unto us , and hath been lately concluded and settled 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 kingdoms , 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 indifferency 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 days of our lives zealously and constantly continue therein against all opposition , and 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 and 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 sins and provocations against god , and his son iesus christ , as is too manifest by our present distresses and dangers , the fruits thereof ; we profess and declare before god and the world , our unfeigned desire to be humbled for our own 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 purity and power thereof , and that we have not endeavoured to receive christ in our hearts , nor to walk worthy of him in our lives ; which are the causes of our sins and transgressions so much abounding amongst us ; and our true and unfeigned 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 go before another in the example of a real 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 bless our desires and proceedings with such success , 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 tyranny , to joyn in the same or like association and covenant , to the glory of god , the enlargement of the kingdom of iesus christ , and the peace and tranquillity of christian kingdoms and commonwealths . the negatie oath . i a. b. do swear from my heart , that i 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 war. and i do likewise swear , that my coming and submitting my self under the power and protection of the parliament , is without any manner of design 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 council or officers , other than what i have now made known . so help me god , and the contents of this book . 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 solemn 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 several 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 clear our selves before god and the world from all suspicion of obstinacy , 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 conform to what is required in any the premisses , further than our present judgments will warrant us ; or not condemned for the refusing so to do , without clear and real satisfaction given to our just scruples . §. i. of the preface to the covenant . 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 affirm that we had used , or given consent to any supplication or remonstrance to the purposes therein expresse●● 3. nor do conceive the entring into such a mutual league and covenant to be a lawful , proper , and probable means 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 kingdoms , or the example of god's people in other nations . when we find not the least foot-step in our histories of a sworn covenant ever entred into by the people of this kingdom 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 * the world never saw the like before . §. ii. of the covenant in gross . 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 , implieth a † voluntary mutual consent of the contractors ; whereunto men are to be induced by perswasions , not compelled by power . insomuch that the very words of this covenant in the preface , conclusion , and whole frame thereof run in such a form throughout , as import a consent rather grounded upon prudential motives , than extorted by rigour . 2. without betraying the liberty , which by our protestation we are bound , and in the third article of this covenant must swear , with our lives and fortunes to preserve . to which liberty the imposition of a new oath , other than is established by act of parliament , is expressed in the * petition of right , and by the lords and commons in their † declarations acknowledged to be contrary . 3. without acknowledging in the imposers a greater power than , 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 material 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 wisdom 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 annul and make void the same at his pleasure . 2. how we can ( now that his majesty hath by his publick * interdict sufficiently made known his pleasure in that behalf ) enter into a covenant , the taking whereof he hath expresly forbidden , without forfeiting that obedience , which ( as we are perswaded ) by our natural allegiance and former oaths 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 kingdom . §. iii. of the first article of the covenant . wherein , first , we are not satisfied , how we can with judgment swear to endeavour to preserve the religion of another kingdom ; 1. whereof , as it doth not concern us to have very much , so we profess 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 four specified particulars , viz. worship , discipline and government , much worse ; and in the fourth ( that of doctrine ) not at all better than our own ; which we are in the next passage of the article required to reform . 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 schism , or contrary to sound doctrine , or the power of godliness ; 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 † superstition and * schism , that it seemeth to us more reasonable that we should call upon them to reform the same , than that they should call upon us to preserve it . secondly , we are not satisfied in the next branch , concerning the reformation of religion in our own kingdom , in doctrine , worship , discipline and government ; how we can swear to endeavour the same ( which without making a change therein cannot be done , ) 1. without manifest scandal to the papist and separatist , 1. by yielding 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 scorn by them cast upon our religion , whose usual objection it hath been and is , that we know not what our religion is ; that since we lest them , we cannot tell where to stay ; and that our religion is a † parliamentary religion . 3. by a tacite acknowledgment 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 laws formerly made against papists in this kingdom , and all punishments by virtue thereof inflicted upon them , were unjust ; in punishing them for refusing to joyn with us in that form of worship , which our selves ( as well as they ) do not approve of . 2. without manifest wrong unto our selves , our consciences , reputation and estates ; in bearing false witness against our selves , and sundry other ways : by swearing to endeavour to reform that , as corrupt and vicious , 1. which we have formerly by our personal subscriptions approved , as agreeable to god's 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 amiss . 2. which in our consciences we are perswaded , not to be in any of the four specified particulars ( as it standeth by law established ) much less in the whole four , 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 , and the practice of the catholick church , than that which we should by the former words of this article swear to preserve . 4. whereunto the † laws 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 un-under pain ( upon default made ) of the loss 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 solemn protestation , which we have bound our selves , neither for hope , fear , or other respect ever to relinquish . wherein the doctrine which we have vowed to maintain , 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 laws of the realm , and the statutes of our university in that behalf . wherein having first testified and declared in our consciences , that the king's highness is the only supreme governour of this realm , we do after swear to our power to assist and defend all iurisdictions , priviledges , preheminences , and authorities granted or belonging to the king's highness , his heirs and successors , or united and annexed to the imperial crown of this realm . one of the which priviledges and preheminences , by an express statute so annexed , and that even , interminis , in the self-same words in a manner with those used in the oath , is the whole power of spiritual or ecclesiastical jurisdiction , for the correction and reformation of all manner of errors and abuses in matters ecclesiastical : as by the * 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 avoid the conclusion . § iv. of the second article of the covenant . first , it cannot but affect us with some grief and amazement , to see that ancient form 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 happiness of our own , 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 do . but also 2. ranked with popery , superstion , heresie , schism , and prophaneness ; which we unfeignedly profess 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 godliness , 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 form should be tender'd to the citizens of london , wherein they should be required to swear , they would sincerely , really and constantly , without respect of persons , endeavour the extirpation of treason , the city government ( by a lord mayor , aldermen , sheriffs , common council , and other officers depending thereon ) murther , adultery , theft , cosenage , and whatsoever shall be — &c. lest they should partake in other mens sins ; 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 , meekness , and reason . secondly , for episcopal government ; we are not satisfied how we can with a good conscience swear to endeavour the extirpation thereof , 1. in respect of the thing it self . concerning which government we think we have reason to believe , 1. that it is ( if not iure divino in the strictest sense , that is to say , expresly commanded by god in his word , yet ) of apostolical 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 governours of his church . 2. or at least , that episcopal aristocracy hath a fairer pretension , and may lay a juster title and claim to a divine institution than any of the other forms of church government can do , all which yet do pretend thereunto , viz. that of the papal 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 ancient records and later histories , that this form of government hath been continued with such an universal , uninterrupted , unquestioned succession in all the churches of god , and in all kingdoms that have been called christian throughout the whole world for fifteen hundred years together ; that there never was in all that time any considerable opposition made there against . that of aerius 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 heretick . 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 judgment and practice of the universal church ( the best interpreter of scripture in things not clearly exprest ; for lex currit cum praxi : ) that without it we should be at a loss in sundry points both of faith and manners , at this day firmly believed and securely practiced by us ; when by the socinians , anabaptists , and other sectaries , we should be called upon for our proofs : as namely , sundry orthodoxal explications concerning the trinity and co-equality of the persons in the godhead , against the arians and other hereticks ; the number , use and efficacy of sacraments ; the baptizing of infants ; national churches ; the observation of the lord's 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 episcopal government ( unless it had been first clearly 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 † 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 do the same again , if we had the same hopes we then had the reception of such petitions . 4. who hold some of us our livelyhood , either in whole or part , by those titles of deans , deans and chapters , &c. mentioned in the articles ; being members of some collegiate or cathedral 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 self not unlawful ) together wherewith they must also root out themselves , their estates and livelyhoods . 5. especially it being usual in most of the said churches , that such persons as are admitted members thereof , have a personal oath administred unto them , to maintain the honour , immunities , liberties , and profits of the same ; and whilst they live to seek the good , and not to do 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 self , 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 foresee 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 kingdom , is so deeply rooted in the laws thereof , and hath so near a conjunction with , and so strong an influence upon the civil sate 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 than 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 , than the utter extirpation of the whole government it self . 2. whereas the house of commons have * remonstrated , that it was far from their purpose or desire to abolish the 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 malignancy to infuse into the people that they had any oother meaning : we are loth , by consenting to the second article , to become guilty of such infusion , as may bring us within the compass and danger of the fourth article of this covenant . 3. since it hath been declared by sundry † 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 lieth ) co-operate towards the ruine of this famous church , which in all conscience and duty we are bound with our utmost lawful power to uphold . lastly , in respect of our obligations to his majesty by our duty and oaths ; we are not satisfied how 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 supremacy acknowledged the king to be the only supreme governour in all ecclesiastical causes , and over all ecclesiastical persons ; & having bound our selves both in that oath , and by our protestation , to maintain the king's honour , estate , iurisdictions , and all manner of rights : it is clear 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 ecclesiastical laws or government , much less to endeavour the extirpation thereof ; unless the imposers of this covenant had a power and meaning ( which they have openly † disclaimed ) to absolve us of that obedience , which under god we owe unto his majesty , whom they know to be intrusted with the ecclesiastical law. 2. we cannot sincerely and really endeavour the extirpation of this government , without a sincere desire and real endeavour , that his majesty would grant his royal 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 do an act so prejudicial to his honour and conscience , as to consent to the rooting out of that estate , which by so many branches of his * coronation oath he hath in such a solemn manner sworn by the assistance of god to his power to maintain and preserve . 3. by the laws of this land , † the collation of bishopricks and ‖ deanaries ; the * fruits and profits of their lands and revenues during their vacancies ; the † first fruits and yearly tenths out of all ecclesiastical promotions ; and sundry other priviledges , profits , and emoluments , arising out of the state ecclesiastical , 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 fevered 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 , yield our consent ; so having sworn expressly to maintain the king's honour and estate , and to our power to assist and defend all jurisdictions , &c. belonging to his highness , or united and annexed to the imperial 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 * 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 prejudicial to the state of so well a constituted monarchy : insomuch as king iames would often say , what his long experience had taught him , no bishop , no king. which aphorism , though we find in sundry pamphlets of late years to have been exploded with much confidence and scorn ; yet we must profess 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 less blamed for our unwillingness to have any actual concurrence in the extirpating of episcopal 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 sacriledge 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 monarchical government , or at leastwise more prejudicial to the peaceable , orderly , and effectual exercise thereof , than 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 less upon those that follow , contenting our selves with a few ( the most obvious ) of those many great , and ( as we conceive ) just exceptions that lie there against . in the third article , we are not satisfied that our endeavour to preserve and defend the kings majestie 's person and authority is so limited , as there it is , by that addition , in the preservation and defence of the true religion and liberties of the kingdom . forasmuch as 1. no such limitation of our duty in that behalf is to be found , either in the oaths of supremacy and allegiance ( 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 priviledges of parliaments , and the liberties of the kingdoms , 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 loosness , 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. swearing with such a limitation ) have made our selves guilty of an actual and real diminution ( as we conceive ) of his majesties just power and greatness : the obtestation would seem very unseasonable ( at the least ) with the same breath to call the world to bear witness 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 loyalty ( to our seeming ) of a very strange nature ; which , the principles of their several religions salved , the conscience of a most resolute papist or sectary may securely swallow , and the conscience of a good protestant cannot but strain 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 evil 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 unlawful intentions and designs . 3. our selves having solemnly protested to maintain the liberty of the subject , and the house of commons having publickly declared against the exercise of an arbitrary power , with order that their said declaration should be printed and published in all the parish churches and chappels of the kingdom , there to stand and remain as a testimony of the clearness of their intentions ; whether the subjecting of our selves and brethren by oath unto such punishments , as shall be inflicted upon us ( without law of merit ) at the sole pleasure of such uncertain 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 do , 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 fifth article , being the settling and continuance of a firm peace and union between the three kingdoms , since it is our bounden duty to desire , and according to our several places and interests by all lawful means 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 do not see , nor therefore can acknowledge the happiness of such a blessed peace between the three kingdoms ( 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 kingdoms engaged in that war. 2. that since no peace can be firm 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 kingdoms , unless 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 laws and continued unquestioned customes of the several kingdoms 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 mutual defence for the prosecution of the late war , was the cause of religion , liberty , and peace of the kingdoms ; and that it so much concerned the glory of god , and the good of the kingdoms , and the honour of the king. 2. if all the premisses were so clear , that we durst yield 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 ; unless we were as clearly satisfied concerning the lawfulness of the means to be used for the supporting of such a cause . for since evil 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 kingdoms , 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 laws , 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 do not know any antichristian yoke under which we were held in these kingdoms , and from which we owe to this either war or covenant our freedom ; unless by the antichristian yoke be meant episcopal government , which we hope no man that pretendeth to truth and charity will affirm . 2. we do 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 less 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 several dominions . 4. the tyranny and yoke of antichrist , if laid upon the nooks of subjects by their lawful sovereigns , is to be thrown off by christian boldness in confessing the truth , and patient suffering for it ; not by taking up arms , or violent resisting of the higher powers . §. vi. some considerations concerning the meaning of the covenant . our aforesaid scruples are much strengthened by these ensuing considerations . first , that whereas no oath , which is contradictory to it self , 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 less effectual ) seemeth to us to contain sundry contradictions ; as namely , amongst others , these . 1. to preserve as it is , without change , and yet to reform 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 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 , schisms , and prophaneness ; and yet withal 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 do believe the restoring and continuance thereof would be the most proper and effectual remedy . 5. to preserve with our estates and lives the liberties of the kingdom ; 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 laws ; and to put our lives and estates under the arbitrary power of such as may take away both from us when they please , not only without , but even against law , if they shall judge it convenient so to do . secondly , we find in the covenant sundry expressions of dark or doubtful construction , whereunto we cannot swear in judgment 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 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 iudicatory of both the kingdoms ? 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 than we are yet aware of . for in the first article , 1. whereas we are to endeavour the reformation of religion in this kingdom 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 † declaration ) than 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 grief and fears had been less , if we could have observed the extirpation of popery , heresie , schism , and prophaneness , 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 quickness used to fetch in the revenues of the church , and the sacred utensils ( no otherwise guilty of superstition , for ought we know , than that they are worth something ; ) and on the other side , so little yet done toward the extirpation of heresie , schism , and profaneness ( as things of less temporal advantage ; ) we cannot dissemble our suspicion , that the designers of this covenant might have something else before their eyes , besides what in the beginning of the introduction is expressed ; and that there is something meant in this article that looketh so like sacriledge , 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 king's person and authority ought to be with subordination to the preservation of the rights and priviledges of parliaments , and the liberties of the kingdom , 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 king's 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 kingdoms , was not to be understood exclusively : yet when we find that the house of commons in their answer to the scotish papers , do † often press that limitation , as without which the endeavouring to preserve the king's majestie 's person and authority ought not to be mentioned ; it cannot but deterr 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 kingdom , &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 divellish ; we dare not by subscribing this article , seem to give the least countenance thereunto . 4. but it striketh us with horrour to think what use hath been made of this fourth article , concerning the punishment of malignants , &c. as by others otherways , so especial-by the corrector of a speech without doors , written in the defence of m. challoner's speech ; who is so bold as to tell the parliament , that they are bound by their covenant ( for the bringing of evil instruments to condign punishment ) to destroy the king and his posterity ; and that they cannot justifie the taking away of strafford's and canterbury's lives for delinquency , whilst they suffer the chief delinquent to go unpunished . §. vii . of the salvo's . the salvo's that we have usually met withal , for the avoiding of the aforesaid scruples , either concerning the whole covenant , or some particulars therein of special importance ; we find upon examination to be no way satisfactory to our consciences . the first is , that we may take the the covenant in our own sense : but this ( in a matter of this nature , viz. an imposed promissory 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 unless it be full of simplicity , cannot be sworn in truth and righteousness , 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 mind ; 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 mutual assurance of mutual assistance and defence : if one may be allowed to take it in one sense , and another in a contrary , the covenanters shall have no more assurance of mutual assistance each from other after the taking of the covenant , than they had before . 4. contrary to the solemn profession made by each covenanter ( in express tearms 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 scandal upon our religion , 1. that we practice that our selves , which we condemn in the papist , viz. swearing with jesuitical equivocations and mental reservations . 2. that we take the glorious and dreadful name of god in vain ; and play fast and loose with oaths : inasmuch 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 laid to the presbyterian party in special , both * by iesuites and † 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 . 2. the second way is , to take the covenant with these or the like general salvo's expressed , viz. so far as lawfully i may ; so far as it is agreeable to the word of god , and the laws of the land ; saving all oaths by me formerly taken , &c. but 1. we believe 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 unlawful ) 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 council 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 agreeable 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 do endeavour but the taking away of apparitors only , or of any other one kind of inferious officers belonging to the ecclesiastical 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 , and ( considering what themselves have * declared against episcopacy ) we have little reason to believe the taking away apparitors , or any thing less than 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 do sadly give us to understand what was their meaning therein . fourthly , as to the scruples that arise from the sovereignty of the king , and the duty of allegiance as subjects , we find two several ways 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 ( ius subjectionis ) doth not spring from , nor relate unto the actual exercise of kingly protection ; but from and unto the prince's obligation to protect ( ius protectionis ) . which obligation lying upon him as a duty which he is bound in conscience to perform , when it is in his power so to do ; the relative obligation thereunto lieth upon us as a duty which we are bound in conscience to perform , when it is in our power so to do . his inability therefore to perform his duty doth not discharge us from the necessity of performing ours , so long as we are able to do 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 faithful performance of what is to be done on our part . how much less then ought we to think our selves disobliged 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 kingdom , 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 amiss ; 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 natural reason and small experience will serve us to judge , all that hath been said to that purpose can never do . for , first , to the point of presence : 1. we have been brought up in a belief that for the making of laws the actual † royal assent was simply necessary , and not only a virtual 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 * desire his royal assent to that which may be done as well without it ? 2. the † statute providing that the king's assent to any bill signified under his great seal shall be to all intents of law as valid and 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 , than 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 transubstantion : an imaginary thing , rather devised to serve turns , than believed by those that are content to make use of it . 3. such presence of the king there , when it shall be made appear to us either from the writs , whereby the members of both houses are called together , or by the standing laws of the land , or by the acknowledged judgment and continued practice of former and later ages , or by any express from the king himself , clearly declaring his mind to that purpose , we shall then as becometh us , acknowledge the same , and willingly submit thereunto . and as for the argument drawn from the analogy of other courts , wherein the king's power is always 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 , unless there be a parity of reason in every requisite respect between the things compared , will not hold good : a petty constable ( they say ) may do something which a justice of peace cannot do : and the steward of a petty mannor hath power to administer an oath , which ( as we are told ) the house of commons it self hath no power to do . 2. that the high court of parliament is the supream judicatory , we have been told it is by virtue of the king 's right of presiding there , he being * the supream iudge , and the members of both houses his council : which being so , the reason of difference is plain between that and other judicatories in sundry respects . 1. the judges in other courts are deputed by him , and do all in his name , and by his authority ; and therefore the presence of his power in those courts of ministerial jurisdiction is sufficient , his personal presence not necessary , neither hath he any personal vote therein at all . but in the high court of parliament , where the king himself is the supream judge , judging in his own name and by his own authority , his power cannot be presumed to be really present without either the actual presence of his person , or some virtual 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 , do therefore take oaths of fidelity for the right exercising of judicature in their several places ; sitting there , not by any proper interest of their own , but only in right of the king , whose judges they are , and therefore they are called the king's judges and his ministers . but in the high court of parliament , the lords and commons sit there in council with the king as supream judge for the good of the whole realm ; and therefore they are not called the king's judges , but the king's council : and they have their several proper rights and interests peculiar and distinct both between themselves , and from that of the kings ; by reason whereof they become distinct * orders , or , as of late times they have been styled ( in this sense we conceive ) † 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 inevitably liable to suffer in the proper interests thereof : which might quickly prove destructive to the whole kingdom ; the safety and prospetity of the whole consisting in the conservation of the just rights and proper interests of the main parts , viz. the king , lords , and commons inviolate and entire . 3. the judges of other courts , forasmuch as their power is but ministerial and meerly judicial , are bounded by the present laws , and limited also by their own acts ; so as they may neither swerve from the laws in giving judgment , nor reverse their own judgments after they are given . but the high court of parliament , having ( by reason of the king 's supream power presiding therein ) a power legislative as well as judicial , are not so limited by any earthly power , but that they may change and over-rule the laws and their own acts at their pleasure . the king 's personal assent therefore is not needful in those other courts , which are bounded by those laws whereunto the king hath already given his personal assent ; but unto any act of power beside , beyond , above , or against the laws already established , we have been informed , & it seems to us very agreeable to reason , that the king 's personal assent should be absolutely necessary : forasmuch as every such act is the exercise of a legislative , rather than of a judicial power ; and no act of legislative power in any community ( by consent of all nations ) can be valid , unless it be confirmed by such person or persons as the sovereignty of that community resideth in . which sovereignty , with us , so undoubtedly resideth in the person of the king , that his ordinary style runneth , — our † sovereign lord the king : and he is in the oath of supremacy expresly acknowledged to be the only supream governour within his realms . and we leave it to the wisdom of others to consider what misery and mischief might come to the kingdom , 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 judicial , there should be yet really exercised a legislative power . 4. since all judicial power is radically and originally in the king ( who is for that cause styled by the laws * the fountain 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 ministerial 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 , than 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 laws , patents , and writs being the exact boundary of their several powers , it hath not yet been made appear to our understandings , either from the laws of the realm , 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 * to treat , consult , and advise concerning the great affairs of the kingdom . in which respect they have sundry times in their declarations to his majesty called themselves by the name of his great council . and those laws 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 frail collections , 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 forseiture of that liberty which we have sworn , 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 † natural allegiance , and violating the oaths of supremacy and allegiance by us formerly taken . by all which being bound to our power to assist 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 greatness , contrary to the third article of the covenant ; by acknowledging a power in the two houses of parliament , in opposition to the king's power . whereas we profess our selves unable to understand , how there can be any lawful power exercised within this realm , which is not subordinate to the power of the king. §. ix . of the ordinances concerning the discipline and directory . 1. first , concerning them altogether ; we are not satisfied how we can submit to such ordinances of the two houses of parliament not having the royal assent , 1. as are contrary to the established laws of this realm , contained in such acts of parliament as were made by the joint consent of king , lords , and commons . 2. nor so only , but also pretend by repeal to abrogate such act of acts. for , since ejusdem est potestatis destruere , cujus est constituere , it will not sink with us , that a letter power can have a just right to cancel and annul the act of a greater . 3. especially the whole power of ordering all matters ecclesiastical , being by the laws in express words for ever annexed to the imperial 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 eradiction of a government of reverend antiquity in the church . which ( notwithstanding the several changes of religion within this realm ) hath yet from time to time been continued and confirmed by the publick laws and great charters of the kingdom : than which there cannot be a more ample testimony that it was ever held agreeable to the civil government and the subjects liberty : which also the successive kings of this realm at their several coronations have solemnly sworn to preserve : and the continuance whereof for sundry reasons before ( upon the second article of the covenant ) specified , we heartily wish and desire . 2. but if the word discipline be taken ( as it is in the first article of the covenant ) as contra-distinguished 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 mean 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 word of god ; but which seemeth rather repugnant , as to the general principles of christian prudence and charity , so to the directions and practice of st. paul in particular ; who in a church abounding with sundry errours and corruptions both in faith and manners ( having first given order for the excommunicating of one only person , that by shameless continuance in a notorious sin had brought a foul scandal upon the gospel ) sufficing himself then with a general proposal of the great danger of unworthy communicating , remitteth every other particular person to a self-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 judgment , and the continuance of the present laws ) consent to the taking away of the book of common prayer . 1. which by our subscriptions most of us have approved ; with a solemn promise therewithal , in the publick service to use the form 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 , chappels , and other oratories , to the great benefit and comfort of our souls . 3. which we verily believe 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 have been heretofore taken thereat ; and which we are 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 continuing the form of prayer therein enjoyned , and of not admitting any directory or other form to the prejudice thereof , till the said act shall by the like good and full authority be repealed . in which statute there is not only an express 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 do ; 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 compel , or otherwise procure or maintain any minister to say open prayer , or to minister any sacrament in any other manner or form than is mentioned in the said book ; or shall interrupt or hinder any minister in the use of the said forms , as by the words of the said statute more at large may appear . which statute also hath had such universal powerful 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 forms and rites mentioned in that book , is expressed as the most proper legal character , whereby to distinguish a popish recusant from a true protestant . insomuch 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 judgment concerning the said covenant , negative oath , and ordinances , which upon better information in any particular , we shall be ready to rectifie . only we desire it may be considered , that if any one single scruple or reason in any the premisses remain 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 press us , nor lawful for us that cannot be satisfied to submit to the said covenant , oath , and ordinances . quintil . quis damnaverit eum , qui duabus potentissimis rebus defenditur , jure & mente ? rom . xiv . 22. happy is he that condemneth not himself in that which he alloweth . a sermon of richard hooker author of those learned books of ecclesiastical politie , found in the study of the late learned bishop andrews . london , printed for richard marriott . 1678. a sermon of richard hooker , &c. matth . vii . 7. ask , and it shall be given you ; seek , and you shall find ; knock , and it shall be opened unto you . for whosoever asketh , &c. as all the creatures of god , which attain their highest perfection by process of time , are in their first beginning raw ; so man in the end of his race the perfectest , is at his entrance thereunto the weakest , and thereby longer enforced to continue a subject for other mens compassions to work upon voluntarily , without any other perswader , besides their own secret inclination , moving them to repay to the common stock of humanity such help , as they know that themselves before must needs have borrowed ; the state and condition of all slesh being herein alike . it cometh hereby to pass , that although there be in us , when we enter into this present world , no conceit or apprehension of our own misery , and for a long time after no ability , as much as to crave help or succour at other mens hands ; yet through his most good and gracious providence , which feedeth the young , even of feathered fowls and ravens ( whose natural significations of their necessities are therefore termed in scripture prayers and invocations which god doth hear ) we , amongst them , whom he values at a far higher rate than millions of brute creatures , do find by perpetual experience , daily occasions given unto every of us , religiously to acknowledge with the prophet david , thou , o lord , from our birth hast been merciful unto us , we have tasted thy goodness hanging even at our mothers breasts . that god , which during infancy preserveth us without our knowledge , teacheth us at years of discretion how to use our own abilities for procurement of our own good . ask , and it shall be given you ; seek , and you shall find ; knock , and it shall be opened unto you . for whosoever doth ask , shall receive ; whosoever doth seek , shall find ; the door unto every one which knocks shall be opened . in which words we are first commanded to ask , seek , and knock : secondly , promised grace answerable unto every of these endeavours ; asking , we shall have ; seeking , we shall find ; knocking , it shall be opened unto us : thirdly , this grace is particularly warranted , because it is generally here averred , that no man asking , seeking , and knocking shall fail of that whereunto his serious desire tendeth . 1. of asking or praying i shall not need to tell you , either at whose hands we must seek our aid , or to put you in mind that our hearts are those golden censers from which the fume of this sacred incense must ascend . for concerning the one , you know who it is which hath said , call upon me ; and of the other , we may very well think , that if any where , surely first and most of all in our prayers , god doth make his continual claim , fili , da mihi cor tuum , son , let me never fail in this duty to have thy heart . against invocation of any other than god alone , if all arguments else should fail , the number whereof is both great and forcible , yet this very barr and single challenge might suffice ; that whereas god hath in scripture delivered us so many patterns for imitation when we pray , yea , framed ready to our hands in a manner all , for suits and supplications , which our condition of life on earth may at any time need , there is not one , no not one to be found directed unto angels , saints , or any , saving god alone . so that , if in such cases as this we hold it safest to be led by the best examples that have gone before , when we see what noah , what abraham , what moses , what david , what daniel and the rest did ; what form of prayer christ himself likewise taught his church ; and what his blessed apostles did practice , who can doubt but the way for us to pray so as we may undoubtedly be accepted , is by conforming our prayers to theirs , whose supplications we know were acceptable ? whoso cometh unto god with a gift , must bring with him a chearful heart , because he loveth hilarem datorem , a liberal and frank affection in giving . devotion and fervency addeth unto prayers the same that alacrity doth unto gifts ; it putteth vigour and life in them . prayer proceedeth from want , which being seriously laid to heart , maketh suppliants always importunate ; which importunity our saviour christ did not only tolerate in the woman of canaan , matth. 15. but also invite and exhort thereunto , as the parable of the wicked judge sheweth , luke 13. our fervency sheweth us sincerely affected towards that we crave : but that which must make us capable thereof , is an humble spirit ; for god doth load with his grace the lowly , when the proud he sendeth empty away : and therefore to the end that all generations of the world might know how much it standeth them upon to beware of all lofty and vain conceits when we offer up our supplications before him , he hath in the gospel both delivered this caveat , and left it by a special chosen parable exemplified . the pharisee and publican having presented themselves in one and the same place , the temple of god , for performance of one and the same duty , the duty of prayer , did notwithstanding in that respect only so far differ the one from the other , that our lords own verdict of them remaineth as ( you know ) on record , they departed home , the sinful publican , through humility of prayer , just ; the just pharisee , through pride , sinful . so much better doth he accept of a contrite peccavi , than of an arrogant deo gratias . asking is very easie , if that were all god did require : but because there were means which his providence hath appointed for our attainment unto that which we have from him , and those means now and then intricated , such as require deliberation , study , and intention of wit ; therefore he which imboldeneth to ask , doth after invocation exact inquisition ; a work of difficulty . the baits of sin every where open , ready always to offer themselves ; whereas that which is precious , being hid , is not had but by being sought . praemia non ad magna praevenitur nisi per magnos labores , bernard : straitness and roughness are qualities incident unto every good and perfect way . what booteth it to others that we wish them well , and do nothing for them ? as little our selves it must needs avail , if we pray and seek not . to trust to labour without prayer , it argueth impiety and prophaneness ; it maketh light of the providence of god : and although it be not the intent of a religious mind ; yet it is the fault of those men whose religion wanteth light of mature judgment to direct it , when we joyn with our prayer slothfulness & neglect of convenient labour . he which hath said , if any man lack wisdom , let him ask — hath in like sort commanded also to seek wisdom , to search for understanding as for treasure . to them which did only crave a seat in the kingdom of christ , his answer , as you know , in the gospel was this , to sit at my right hand and left hand in the seat of glory is not a matter of common gratuity , but of divine assignment from god. he liked better of him which enquired , lord , what shall i do that i may be saved ? and therefore him he directeth the right and ready way , keep the commandments . i noted before unto you certain special qualities belonging unto you that ask : in them that seek there are the like : which we may observe it is with many as with them of whom the apostle speaketh , 2 tim. 3.7 . they are alway learning , and never able to come to the knowledge of the truth . ex amore non quaerunt , saith bernard ; they seek because they are curious to know , and not as men desirous to obey . it was distress and perplexity of mind which made them inquisitive , of whom st. luke in the acts reporteth , that sought counsel and advice with urgent solicitation : men and brethren , sith god hath blessed you with the spirit of understanding above others , hide not from miserable persons that which may do them good ; give your counsel to them that need and crave it at your hands , unless we be utterly forlorn : shew us , teach us , what we may do and live . that which our saviour doth say of prayer in the open streets , of causing trumpets to be blown before us when we give our alms , and of making our service of god a means to purchase the praise of men , must here be applied to you , who never seek what they ought , but only when they may be sure to have store of lookers on . on my bed , saith the canticles , there did i seek whom my soul doth love . when therefore thou resolvest they self to seek , go not out of thy chamber into the streets , but shun that frequency which distracteth ; single thy self from thy self , if such sequestration may be attained . when though seekest , let the love of obedience , the sense and feeling of thy necessity , the eye of singleness and sincere meaning guide thy footsteps , and thou canst not slide . you see what it is to ask and seek ; the next is knock. there is always in every good thing which we ask , and which we seek , some main wall , some barr'd gate , some strong impediment or other objecting it self in the way between us and home ; for removal whereof , the help of stronger hands than our own is necessary . as therefore asking hath relation to the want of good things desired , and seeking to the natural ordinary means of attainment thereunto ; so knocking is required in regard of hindrances , lets , or impediments , which are doors shut up against us , till such time as it please the goodness of almighty god to set them open . in the mean while our duty here required is to knock . many are well contented to ask , and not unwilling to undertake some pains in seeking ; but when once they see impediments which flesh and blood doth judge invincible , their hearts are broken . israel in egypt subject to miseries of intolerable servitude , craved with sighs and tears deliverance from that estate , which then they were fully perswaded they could not possibly change , but it must needs be for the better . being set at liberty to seek the land which god hath promised unto their fathers , did not seem tedious or irksome unto them : this labour and travel they undertook with great alacrity , never troubled with any doubt , nor dismayed with any fear , till at the length they came to knock at those brazen gates , the barrs whereof , as they have no means , so they had no hopes to break asunder . mountains on this hand , and the roaring sea before their faces ; then all the forces that egypt could make , coming with as much rage and fury as could possess the heart of a proud , potent , and cruel tyrant : in these straits , at this instant , oh that we had been so happy as to die where before we lived a life , though toylsom , yet free from such extremities as now we are fallen into ! is this the milk and honey that hath been so spoken of ? is this the paradise , in description whereof so much glosing and deceiving eloquence hath been spent ? have we after four hundred and thirty years left egypt to come to this ? while they are in the midst of their mutinous cogitations , moses with all instancy beateth , and god with the hand of his omnipotency casteth open the gates before them , maugre even their own both infidelity and despair . it was not strange then , nor that they afterward stood in like repining terms ; for till they came to the very brink of the river iordan , the least cross accident , which lay at any time in their way , was evermore unto them a cause of present recidivation and relapse . they having the land in their possession , being seated in the heart thereof , and all their hardest encounters past , ioshua and the better sort of their governours , who saw the wonders which god had wrought for the good of that people , had no sooner ended their days , but first one tribe , than another , in the end all delighted in ease ; fearful to hazard themselves in following the conduct of god , weary of passing so many strait and narrow gates , condescended to ignominious conditions of peace , joyned hands with infidels , forsook him which had been always the rock of their salvation , and so had none to open unto them , although their occasions of knocking were great afterward , moe and greater than before . concerning issachar , the words of iacob , the father of all the patriarchs , were these ; issachar , though bonny and strong enough unto any labour , doth couch notwithstanding as an ass under all burthens ; he shall think with himself that rest is good , and the land pleasant , he shall in these considerations rather endure the burthen and yoke of tribute , than cast himself into hazard of war , gen. 49. we are for the most part all of issachar's disposition , we account ease cheap , howsoever we buy it . and although we can happily frame our selves sometimes to ask , or endure for a while to seek ; yet loth we are to follow a course of life , which shall too often hem us about with those perplexities , the dangers whereof are manifestly great . but of the duties here prescribed of asking , seeking , knocking , thus much may suffice . the promises follow which god hath made . 2. ask and receive , seek and find , knock and it shall be opened unto you . promises are made of good things to come ; and such , while they are in expectation , have a kind of painfulness with them ; but when the time of performance and of present fruition cometh , it bringeth joy . abraham did somewhat rejoyce in that which he saw would come , although knowing that many ages & generations must first pass : their exultation far greater , who beheld with their eys , and imbraced in their arms him which had been before the hope of the whole world . we have found that messias , have seen the salvation ; behold here the lamb of god which taketh away the sins of the world . these are speeches of men not comforted with the hope of that they desire , but rap'd with admiration at the view of enjoyed bliss . as oft therefore as our case is the same with the prophet davids ; or that experience of god's abundant mercy towards us doth wrest from our mouths the same acknowledgments which it did from his , i called on the name of the lord , and he hath rescued his servant : i was in misery and he saved me : thou lord hast delivered my soul from death , mine eyes from tears , and my feet from falling : i have ask'd and received , sought and found , knock'd and it hath been oopened unto me : can there less be expected at our hands , than to take the cup of salvation , and bless , magnifie , and extoll the mercies heaped upon the heads of the sons of men ? ps. 116. are we in the case of them , who as yet do any ask and have not received ? it is but attendance a small time , we shall rejoyce then ; but how ? we shall find , but where ? it shall be opened , but with what hand ? to all which demands i must answer , use the words of our saviour christ , quid hoc ad te , what are these things unto us ? is it for us to be made acquainted with the way he hath to bring his counsel & purposes about ? god will not have great things brought to pass , either altogether without means , or by those means altogether which are to our seeming probable and likely . not without means , lest under colour of repose in god we should nourish at any time in in our selves idleness : not by the meer hability of means gathered together through our own providence , lest prevailing by helps which the common course of nature yieldeth , we should offer the sacrifice of thanksgiving for whatsoever prey we take to the nets which our singers did weave ; than which there cannot be to him more intolerable injury offered vere & absque dubio , saith st. bernard , hoc quisque est pessimus quo optimus , si hoc ipsum quo est optimus ascribat sibi ; the more blest , the more curst , if we make his graces our own glory , without imputation of all to him ; whatsoever we have we steal , and the multiplication of gods favours doth but aggravate the crime of our sacriledge : he knowing how prone we are to unthankfulness in this kind , tempereth accordingly the means , whereby it is his pleasure to do us good . this is the reason , why god would neither have gideon to conquer without any army , nor yet to be furnish'd with too great an host . this is the cause why , as none of the promises of god do fail , so the most are in such sort brought to pass , that , if we after consider the circuit , wherein the steps of his providence have gone , the due consideration thereof cannot choose but draw from us the very self same words of astonishment , which the blessed apostle hath ; o the depth of the riches of the wisdom of god! how unsearchable are his counsels , and his ways past finding out ! let it therefore content us always to have his word for an absolute warrant ; we shall receive and find in the end ; it shall at length be opened unto you : however , or by what means , leave it to god. 3. now our lord groundeth every mans particular assurance touching this point upon the general rule and axiom of his providence , which hath ordained these effects to flow and issue out of these causes ; gifts of suits , finding out of seeking , help out of knocking ; a principle so generally true , that on his part it never faileth . for why ? it is the glory of god to give ; his very nature delighteth in it ; his mercies in the current , through which they would pass , may be dried up , but at the head they never fail . men are soon weary both of granting and of hearing suits , because our own insufficiency maketh us still affraid , lest by benefiting of others we impoverish our selves . we read of large and great proffers , which princes in their fond and vainglorious moods have poured forth : as that of herod ; and the like of ahasuerus in the book of hester . ask what thou wilt , though it reach to the half of my kingdom , i will give it thee : which very words of profusion do argue , that the ocean of no estate in this world doth so flow , but it may be emptied . he that promiseth half of his kingdom , foreseeth how that being gone , the remainder is but a a moiety of that which was . what we give we leave ; but what god bestoweth benefiteth us , and from him it taketh nothing : wherefore in his propositions there are no such fearful restraints ; his terms are general in regard of making , whatsoever ye ask the father in my name ; and general also in respect of persons , whosoever asketh , whosoever seeketh . it is true , st. iames saith , ye ask , and yet ye receive not , because you ask amiss ; ye crave to the end ye might have to spend upon your own lusts . the rich man sought heaven , but it was then , when he felt hell. the virgins knocked in vain , because they overslipped their opportunity ; and when the time was to knock , they slept : but quaerite dominum dum inveniri potest , perform these duties in their due time and due sort . let there , on our part , be no stop , and the bounty of god we know is such , that he granteth over and above our desires . saul sought an ass , and found a kingdom . solomon named wisdom , and god gave solomon wealth also , by way of surpassing . thou hast prevented thy servant with blessings , saith the prophet david . he asked life , and thou gavest him long life , even for ever and ever . god a giver ; he giveth liberally , and upbraideth none in any wise : and therefore he better knoweth than we the best times , and the best means , and the best things , wherein the good of our souls consisteth . finis . notes, typically marginal, from the original text notes for div a67467-e710 phil. 1.6 . chap. 3.17 . psal. 34.11 psal. 1 30. colos. 1.24 . ga. 6.2 . iob 31. * theucidides . psal. 119. 147. psal. 32.2 . notes for div a67467-e8530 * sir , i pray note , that all that follows in the italian character , are dr. sanderson's own words , excellently worthy , but no where else extant ; and commend him as much , as any thing you can say of him . t.p. † arriba . notes for div a67467-e9470 † rob. boyle , esq. notes for div a67467-e10110 1. law. object . 1. answ. object . 2. scandal . 1 sam. 2. 17.22 . exod. 21. 33 , 34. object . 3. schism . 1 thess. 5. notes for div a67467-e29030 * 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. † pactum est duorum pluriúmvs in . idem placitum consensus . l. 1. ff . de pactis . * whereas many of them have had an oath administered unto them not warrantable by the laws and statutes of this realm ; they do 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 laws and statutes of this realm petit. of right , 3. carol. † it is declared , 16 jan. 1642. that the king cannot compell men to be sworn without an act of parliament . exact . collect. pag. 859 , 860. * proclam . of 9. octob. 19 car. † ( viz. ) in accounting bishops antichristian , and indifferent ceremonies unlawful . * ( 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. † let us not be blamed if we call it parliament religion , parliament gospel , parliament faith , warding , confut . of apology , part 6. chap. 2 , † stat. 13. eliz. 12. * such iurisdictions , priviledges , superiorities and preheminences spiritual and ecclesiastical , as by any , &c. for the visitation of the ecclesiastical state and persons , and for reformation , order and correction of the same , and of all manner of errours , heresies , schisms , abuses , offences , contempts and enormities , shall for ever by authority of this present parliament be united and annexed to the imperial crown of this realm . an act restoring to the crown the ancient jurisdiction , &c. 1 eliz. 1. † art. 36. * — 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. p. 19. the lords and commons do delare , that they intend a due and necessary reformation of the government and liturgy of the church , and to take away nothing in the one or in the other , but what shall be evil , and justly offensive , or at least unnecessary and barthensome : declar. 9 apr. 1642. exact . coll. p. 135. † statute of carlisle 25 e. 1. recited 25 e. 3. † they infuse into the people , that we mean — to leave every man to his own fancy — absolving him of that obedience which he owes under god unto his majesty , whom we know to be entrusted with the ecclesiastical law , as well as with the temporal . exact . collect. ubi supra , pag. 19. * that he will grant , keep , and confirm the laws , customs , and franchises , granted to the clergy 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 canonical priviledges and due law and iustices ; and that he will protect and defend them , as every good king in his kingdom ought to be protector and defender of the bishops and the churches under their government . vide exact . col. pag. 290 , 291. † see stat. 25 h. 8.20 . & 1 e. 6.2 . ‖ see stat. 39 eliz. 8. * stat. 14 e. 3.4 . & 5. & 17 e. 3.14 . † stat. 26 h. 8.3 . & 1 eliz. 4. * — supremam potestatem & merum imperium apud nos habet rex , cambden . whereas by sundry divers old authentick histories and chronicles it is manifestly declared and expressed , that this realm of england is an empire , and so hath been accepted in the world , governed by one supream head and king , having the dignity and royal estate of the imperial crown of the same . stat. 24 h. 8.12 . see also 1 eliz. 3. † the lords and commons do declare , that they intend a due and necessary reformation of the liturgy of the church ; and to take away nothing therein but what shall be evil and justly often five , or at least unnecessary & burthensom . dec. 9 apr. 1642. exact . col. p. 135. * from whence it is most evident , that the rights and privileges of parliaments and liberties of the kingdom are in the first place to be preserved . answer to scotish papers , 18 nov. 1546 , pag. 21 . † we observe you mention the defence of the king twice from the covenant , yet in both places leave out in the preservation and , &c. p. 39 & 46. a main clause without which the other part ought never to be mentioned . p. 56. * heretici nec deo , nec hominibus servant fidem — speciatim hoc addo , calvinistas in hac re deteriores esse quá lutheranos . num calviniste nullem servant fidem : iura perjura . — lutherani moderationes sunt . becan . 5. manual . controv. 14. n. 4. & 6. † invent oaeths and covenants for the kingdom , dispense with them when he pleaseth , swear and forsweae as the wind turneth , like a godly presbyter . arraign . of persec . in epist. ded. * by the covenant both houses of parliament , and 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 kingdom of scotland ; and that we as well as they stand bound to endeavour the extirpation thereof in england and ireland . scots declaration to the states of the united provinces , 5 aug 1645. recited in answer to the scot's papers , pag. 23 . † the old forms of acts of parliament 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 spiritual and temporal , and at the special instance and request of the commons of this realm , hath ordained , &c. see statutes 1 h. 4. till 1 h. 7. a form 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 highness , by the advice and assent of the lords spiritual and temporal in this your present parliament assembled , and by the authority of the same , to ordain , &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 royal assent . ancient customes , pag. 54. assemblee de ceux troys estats est appellee un act de parliament : car sans touts troys n'est ascun act de parl. finch nomotech . sol . 21. we admit that no acts of parliament are compleat , or formally binding , without the king's assent . h. p. answer to david ienkins , pag. 6. * — which if your majesty shall be pleased to adorn with your majesties royal assent ( without which it can neither be compleat and perfect , nor — ) stat. 1 jac. 1. † stat. 33 h. 3. 21. * dominus rex habet ordinariam jurisdictionem , dignitatem & potestatem super omnes qui in regno suo sunt . — ea quae jurisdictionis sunt & paecis — ad nullum pertinent nisi ad coronam & dignitatem regiam , nec à corona sebarari possunt . bracton cited by stamford , lib. 2. cap. 2. * for in our laws , the clergy , nobility , and commonalty are the three estates . — we your said most loving , faithful , and obedient subjects ( viz. the lords spiritual and temporal , and the commons ) representing your three estates of your realm of england , 1 eliz. 3. — the state of the clergy being one of the greatest states of this realm . 8 eliz. 1. † see finch supra ad lit . [ d ] . † 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 crown . — 16 r. 2. 5. omnis sub so est , & ipsi sub nallo , nisi tantum sub deo. parem autem non habet rex in regno suo , quia — item nec multo fortius superiorem aut potentiorem habere dibet , quia sic esset inferior suis subjectis . bracton . conten . 1. rubr. 36. — cui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 legibus ipsis legum vim imponendi potestatem deus dedit . finch nomotech . in epist. dedic . to king iames. * fons iustitiae . bracton . by war to intend the alteration of the laws 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 king's laws . he is the fountain from whence in their several channels they are derived to the subject master saint iohn's speech concerning the earl of strafford pag. 12. * — et ibidem vobiscum colloquium habere , tractare super dictia negotiis tract . vestrumque consilium impensur . writ to the lords . † every subject by the duty of his allegiance is bounden to serve and assist his prince and sovereign lord at all seasons when need shall re quire . 11 h. 7. 18. st. 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 iac. 4. & 5.