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A53808 The judgment and decree of the University of Oxford past in their convocation July 21, 1683, against certain pernicious books and damnable doctrines destructive to the sacred persons of princes, their state and government, and of all humane society rendred into English, and published by command.; Judicium & decretum Universitatis Oxoniensis latum in convocatione habita Jul. 21, an. 1683, contra quosdam perniciosos libros & propositiones impias. English University of Oxford. 1683 (1683) Wing O891; ESTC R14238 3,771 12

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The JUDGMENT and DECREE OF THE University of Oxford Past in their Convocation July 21. 1683 Against certain PERNICIOUS BOOKS and DAMNABLE DOCTRINES Destructive to the Sacred Persons of PRINCES their STATE and GOVERNMENT and of all HUMANE SOCIETY Rendred into English and Published by Command Printed at the Theater 1683. The JUDGMENT and DECREE OF The UNIVERSITY of OXFORD Past in their Convocation July 21. 1683. ALtho the barbarous Assassination lately enterpriz'd against the person of his Sacred Majestie and his Royall Brother engage all our thoughts to reflect with utmost detestation and abhorrence of that execrable Villany hateful to God and Man and pay our due acknowledgments to the Divine Providence which by extraordinary methods brought it to pass that the breath of our nostrils the Anointed of the Lord is not taken in the pit which was prepared for him and that under his shadow we continue to live and enjoy the Blessings of his Government Yet notwithstanding we find it to be a necessary duty at this time to search into and lay open those impious Doctrines which having of late been studiously disseminated gave rise and growth to those nefarious attemts and pass upon them our solemn public Censure and Decree of condemnation Therefore to the honor of the holy and undivided Trinity the preservation of Catholic truth in the Church and that the King's Majestie may be secur'd from the attemts of open and bloudy enimies and the machinations of Traiterous Heretics and Schismatics We the Vice-Chancellor Doctors Proctors and Masters Regent and not Regent met in Convocation in the accustom'd manner time and place on Saturday the 21 of July in the Year 1683. concerning certain Propositions contained in diverse Books and Writings published in English and also in the Latin tongue repugnant to the holy Scriptures Decrees of Councils Writings of the Fathers the Faith and Profession of the Primitive Church and also destructive of the Kingly Government the safety of his Majejestie's Person the Public Peace the Laws of Nature and bonds of humane Society By our Unanimous assent and consent have Decreed and Determin'd in manner and form following Proposition 1. All Civil Autority is derived originally from the People 2. There is a mutual compact tacit or express between a Prince and his Subjects and that if he perform not his duty they are discharg'd from theirs 3. That if lawful Governors become Tyrants or govern otherwise then by the laws of God and man they ought to do they forfeit the right they had unto their Government Lex Rex Buchanan de Jure Regni Vindiciae contra tyrannos Bellarmine de Conciliis de Pontifice Milton Goodwin Baxter H. C. 4. The Soveraignty of England is in the three Estates viz. King Lords and Commons The King has but a coordinate power and may be overruled by the other two Lex Rex Hunton of a limited and mix'd Monarchy Baxter H. C. Polit. Catech. 5. Birthright and proximity of bloud give no title to rule or Government and it is lawful to preclude the next heir from his Right of Succession to the Crown Lex Rex Hunt's Postcript Doleman History of Succession Julian the Apostate Mene Tekel 6. It is for Subjects without the consent and against the command of the Supreme Magistrate to enter into leagues covenants and associations for defence of themselves and their religion Solemn League and Covenant Late Association 7. Self-preservation is the fundamental law of nature and supersedes the obligation of all others whenever they stand in competition with it Hobbes de Cive Leviathan 8. The doctrine of the Gospel concerning patient suffering of injuries is not inconsistent with violent resisting of the higher powers in case of persecution for religion Lex Rex Julian Apostat Apolog. Relat. 9. There lies no obligation upon Christians to passive obedience when the Prince commands any thing against the laws of our Country and the primitive Christians chose rather to die then resist because Christianity was not yet setled by the laws of the Empire Julian Apostate 10. Possession and strength give a right to govern and success in a cause or enterprise proclaims it to be lawful and just to pursue it is to comply with the will of God because it is to follow the conduct of his providence Hobbes Owen's Sermon before the Regicides Jan. 31. 1648. Baxter Jenkin's Petition Octob. 1651. 11. In the state of nature there is no difference between good and evil right and wrong the state of nature is a state of war in which every man hath a right to all things 12. The foundation of Civil Autority is this natural right which is not given but left to the Supreme Magistrate upon mens entring into societies and not only a foreign Invader but a domestic Rebel puts himself again into a state of nature to be proceeded against not as a subject but an enemy and consequently acquires by his rebellion the same right over the life of his Prince as the Prince for the most heinous crimes has over the life of his own Subjects 13. Every man after his entring into a society retains a right of defending himself against force and cannot transfer that right to the Commonwealth when he consents to that union whereby a Commonwealth is made and in case a great many men together have already resisted the Commonwealth for which every one of them expecteth death they have liberty then to joyn together to assist and defend one another Their bearing of arms subsequent to the first breach of their duty tho it be to maintain what they have don is no new unjust act and if it be only to defend their persons is not unjust at all 14. An Oath superadds no obligation to pact and a pact obliges no further than it is credited and consequently if a Prince gives any indication that he does not believe the promises of fealty and allegiance made by any of his subjects they are thereby freed from their subjection and notwithstanding their pacts and oaths may lawfully rebel against and destroy their Soveraign Hobbes de Cive Leviathan 15. If a People that by oath and duty are oblig'd to a Soveraign shall sinfully dispossess him and contrary to their Covenants chuse and covenant with another they may be obliged by their latter Covenant notwithstanding their former Baxter H. C. 16. All oaths are unlawful and contrary to the word of God Quakers 17. An Oath obliges not in the sense of the Imposer but the takers Sheriffs case 18. Dominion is founded in grace 19. The powers of this world are usurpations upon the Prerogative of Jesus Christ and it is the duty of God's People to destroy them in order to the setting Christ upon his throne Fifth-Monarchy men 20. The Presbyterian Government is the Scepter of Christ's Kingdom to which Kings as well as others are bound to submit and the King's Supremacy in Ecclesiastical affairs asserted by the Church of England is injurious to Christ the