The JUDGEMENT 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. Rendered into English, and Published by Command. Printed at the Theatre, 1683. The JUDGEMENT and DECREE OF The UNIVERSITY of OXFORD Past in their Convocation July 21. 1683. Although the barbarous Assassination lately enterprised against the person of his Sacred Majesty and his Royal Brother, engage all our thoughts to reflect with utmost detestation and abhorrence of that execrable Villainy, hateful to God and Man; and pay our due acknowledgements 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 honour of the holy and undivided Trinity, the preservation of Catholic truth in the Church: and that the King's Majesty may be secured from the attemts of open and bloody enemies, and the machinations of Traitorous Heretics and Schismatics: We the Vicechancellor, Doctors, Proctors, and Master's Regent and not Regent met in Convocation in the accustomed manner, time and place, on Saturday the 21 of July in the Year 1683. concerning certain Propositions contained in divers 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 Determined in manner and form following. Proposition 1. All Civil Authority 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 discharged 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 Sovereignty 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 mixed Monarchy. Baxter H. C. Polit. Catech. 5. Birthright and proximity of blood 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 patiented suffering of injuries, is not inconsistent with violent resisting of the higher powers in case of persecution for religion. Lex Rex. Julian Apostate. 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 settled 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 Authority is this natural right, which is not given, but left to the Supreme Magistrate upon men's entering 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 entering 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 join together to assist and defend one another. Their bearing of arms subsequent to the first breach of their duty, though it be to maintain what they have done, 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 Sovereign. Hobbes de Cive. Leviathan. 15. If a People that by oath and duty are obliged to a Sovereign shall sinfully dispossess him, and contrary to their Covenants choose, 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. Sheriff's 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 Sceptre 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. Altar 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 Authority 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, than 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 murderers were the blessed instruments of God's 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, murder of Princes, and Atheism itself: and therefore we interdict all members of the University from the reading the said Books, under the penalties in the Statutes expressed. We also order the before recited Books to be publicly burnt, by the hand of our Marshal in the court of our Schools. Likewise we order that in perpetual memory hereof, these our decrees shall be entered 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 affixed in the Libraries, Refectories, or other fit places, where they may be seen and read of all. Lastly we command and strictly enjoin 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 Authority, 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 Saviour. 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 Sovereign 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.