_The Judgment and Decree of the University of Oxford, pa.s.sed in their Convocation, July 21, 1683, against certain pernicious books, and d.a.m.nable doctrines, destructive to the sacred persons of princes, their State and Government, and of all Human Society._

"Although the barbarous a.s.sa.s.sination lately enterprised against the person of his sacred majesty and his royal brother, engages all our thoughts to reflect with utmost detestation and abhorrence on that execrable villainy, hateful to G.o.d and man, and pay our due acknowledgments to the Divine Providence, which, by extraordinary methods, brought it to pa.s.s, 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 to 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 been of late studiously disseminated, gave rise and growth to those nefarious attempts, and pa.s.s 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 both from the attempts of open b.l.o.o.d.y enemies and machinations of treacherous heretics and schismatics, we, the vice-chancellor, doctors, proctors, and masters regent, met in convocation, in the accustomed manner, the one and twentieth day of July, in the year 1683, concerning certain propositions contained in divers books and writings, published in the 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 destruction of the kingly government, the safety of his Majesty's person, the public peace, the laws of nature, and bonds of human society, by our unanimous a.s.sent and consent, have decreed and determined in manner and form following:--

"The 1st Proposition.--All civil authority is derived originally from the people.

"2. There is a mutual compact, tacit or express, between a prince and his subjects, that if he perform not his duty, they are discharged from theirs.

"3. That if lawful governors become tyrants, or govern otherwise than by the laws of G.o.d 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., Kings, Lords, and Commons. The king has but a co-ordinate power, and may be overruled by the other two.--_Lex Rex_; _Hunter_, of a united and mixed monarchy. _Baxter, H. C. Polit. Catechis._

"5. Birthright and proximity of blood give no t.i.tle to rule or government, and it is lawful to preclude the next heir from his right and succession to the crown.--_Lex Rex_; _Hunt's Postscript_; _Doleman's History of Succession_; _Julian the Apostate_; _Mene Tekel_.

"6. It is lawful for subjects, without the consent, and against the command, of the supreme magistrate, to enter into leagues, covenants, and a.s.sociations, for defence of themselves and their religion.--_Solemn League and Covenant_; _Late a.s.sociation_.

"7. Self-preservation is the fundamental law of nature, and supersedes the obligation of all others, whensoever they stand in compet.i.tion 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 Apostate_; _Apolog.

Relat._

"9. There lies no obligation upon Christians to pa.s.sive obedience, when the prince commands anything against the laws of our country; and the primitive Christians chose rather to die than resist, because Christianity was not 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 G.o.d, because it is to follow the conduct of His providence.--_Hobbes_; _Owen's Sermon before the Regicides, Jan. 31, 1648_; _Baxter_; _Jenkin's Pet.i.tion, Oct. 1651_.

"11. In the state of nature there is no difference between good and evil, right and wrong; the state of nature is the 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 a.s.sist and defend one another. This 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 fact, and a fact 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 later covenants, notwithstanding their former.--_Baxter_; _H. C._

"16. All oaths are unlawful and contrary to the Word of G.o.d.--_Quakers._

"17. An oath obligeth not in the sense of the imposer, but the taker's.--_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 G.o.d'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, a.s.serted by the Church of England, is injurious to Christ, the sole King and Head of His Church.--_Altare Damascenum_; _Apolog. Relat.

Hist. Indulg._; _Cartwright_; _Travers_.

"21. It is not lawful for superiors to impose anything in the worship of G.o.d 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.--_Protest. 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 Jezebel.--_Buchanan_; _Knox_; _Goodman_; _Gibby_; _Jesuits_.

"24. After the sealing of the Scripture-canon the people of G.o.d in all ages are to expect new revelations for a rule of their actions (_a_); and it is lawful for a private man, having an inward motion from G.o.d, to kill a tyrant (_b_).--(_a_) _Quakers and other Enthusiasts._ (_b_) _Goodman._

"25. The example of Phineas is to us instead of a command; for what G.o.d hath 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 G.o.d'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 further decree, That the books which contain the aforesaid 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 of 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, the readers, tutors, catechists, and others to whom the care and trust of inst.i.tution 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 Lord's 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 they, according to the Apostle's precept, exhort, that first of 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 G.o.dliness and honesty; for this is good and acceptable in the sight of G.o.d 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 attempts of open violence and secret machinations of perfidious traitors; that 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."