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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
sole King and Head of his Church Altare Damascenum Apolog. relat Hist Indulgen Cartwright Travers 21. It is not lawful for Superiors to impose any thing in the worship of God that is not antecedently necessary 22. The duty of not offending a weak brother is inconsistent with all human Autority of making Laws concerning indifferent things Protestant Reconciler 23. Wicked Kings and Tyrants ought to be put to death and if the Judges and inferior Magistrates will not do their office the power of the sword devolves to the People if the major part of the People refuse to exercise this power then the Ministers may excommunicate such a King after which it is lawful for any of the Subjects to kill him as the People did Athaliah and Jehu Jezabel Buchanan Knox Goodman Gilby Jesuits 24. After the sealing of the Scripture Canon the people of God in all ages are to expect new Revelations for a rule of their actions a Quakers and other Enthusiasts and it is lawful for a private man having an inward motion from God to kill a Tyrant b Goodman 25. The example of Phineas is to us instead of a Command for what God has commanded or approved in one age must needs oblige in all Goodman Knox. Napthali 26. King Charles the first was lawfully put to death and his murtherers were the blessed instruments of Gods glory in their Generation Milton Goodwin Owen 27. King Charles the first made war upon his Parliament and in such a case the King may not only be resisted but he ceaseth to be King Baxter We decree judge and declare all and every of these Propositions to be false seditious and impious and most of them to be also Heretical and Blasphemous infamous to Christian Religion and destructive of all Government in Church and State We farther decree that the Books which contain the foresaid propositions and impious Doctrines are fitted to deprave good manners corrupt the minds of unwary men stir up seditions and tumults overthrow States and Kingdoms and lead to Rebellion murther of Princes and Atheism it self and therefore we interdict all members of the University from the reading the said Books under the penalties in the Statutes exprest We also order the before recited Books to be publicly burnt by the hand of our Marshal in the court of our Scholes Likewise we order that in perpetual memory hereof these our decrees shall be enterd into the Registry of our Convocation and that copies of them being communicated to the several Colleges and Halls within this University they be there publicly affixt in the Libraries Refectories or other fit places where they may be seen and read of all Lastly we command and strictly enjoyn all and singular Readers Tutors Catechists and others to whom the care and trust of institution of youth is committed that they diligently instruct and ground their Scholars in that most necessary Doctrine which in a manner is the Badge and character of the Church of England of submitting to every Ordinance of man for the Lords sake whether it be to the King as supreme or unto Governors as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well Teaching that this submission and obedience is to be clear absolute and without exception of any State or order of men Also that all supplications Prayers Intercessions and giving of thanks be made for all men for the King and all that are in Autority that we may lead a quiet and peaceable life in all godliness and honesty for this is good and acceptable in the sight of God our Savior And in especial manner that they press and oblige them humbly to offer their most ardent and daily Prayers at the Throne of Grace for the preservation of our Soveraign Lord King Charles from the attemts of open violence and secret Machinations of perfidious Traitors that he the Defender of the faith being safe under the defence of the most High may continue his reign on Earth till he exchange it for that of a late and happy Immortality FINIS