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A91185 The fourth part of The soveraigne povver of parliaments and kingdomes. Wherein the Parliaments right and interest in ordering the militia, forts, ships, magazins, and great offices of the realme, is manifested by some fresh records in way of supplement: the two Houses imposition of moderate taxes and contributions on the people in cases of extremity, without the Kings assent, (when wilfully denyed) for the necessary defence and preservation of the kingdome; and their imprisoning, confining of malignant dangerous persons in times of publicke danger, for the common safety; are vindicated from all calumnies, and proved just. Together with an appendix; manifesting by sundry histories and foraine authorities, that in the ancient kingdome of Rome; the Roman, Greeke, German empires; ... the supreame soveraigne power resided not in the emperours, or kings themselves, but in the whole kingdome, senate, parliament, state, people ... / By William Prynne, utter-barrester, of Lincolnes Inne. It is this tenth day of July, ordered ... that this booke .... be printed by Michael Sparke senior. John White.; Soveraigne power of parliaments and kingdomes. Part 4 Prynne, William, 1600-1669.; England and Wales. Parliament. House of Comomns. 1643 (1643) Wing P3962; Thomason E248_4; ESTC R203192 339,674 255

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quin factum hoc nostrum ad quod extrema necessitas nos compulit nequaquam sint improbaturi Pro quo ipso singulis pro ratione ordinis conditionis suae nostra studia officia gratitudlnem omni tempore praestandam deferimus pollicemur Swethland NOt to mention the Kings and Kingdom of Norway long since incorporated into Denmarke whose lives and Catalogue you may reade in Munster Ioannis Magnus Crantzius and others in which Realme not one King anciently died of age or diseases in above one hundred yeers but of violent deaths there being this custom That whosoever slew a tyrant King was thereby made a King The Kings of Swethland have alwayes been elected upon certaine conditions and subordinate to the power and censures of their whole States and Parliament in such sort as the Kings of Hungary Bohemia Poland and Denmarke have beene and oft times this Kingdome hath beene annexed to the Realme of Denmarke and subject to the Danish Kings as they saw occasion The names and lives of the Swedish Kings before and since their conversion to Christianity you may reade at large in Munster Joannis Magnus Crantzius Olaus Magnus and others I shall give you a taste onely of some of them out of those Authors Halsten and Animander his successor were thrust out of their Thrones and Realms by their Subjects After whose death the Swedes elected one King of their owne Nation the Gothes another not enduring a forraign Prince to reigne over them King Bugerius slaying his brother Ericus who had imprisoned him at a banquet his Nobles detesting this his treacherous act rose up in Armes against him expelled him the Realme and beheaded his Queen and Magnus his son electing Magnus the son of Ericus for their King Magnus the seventh betrothed his son Aquin to a kinswoman of the Earle of Holstain upon this condition That unlesse Aquin should receive her a Virgin all the Nobles of the Realme should be freed from their Oath of Allegeance to him The Virgin sailing into Swethland was taken prisoner by Waldamer King of Denmarke who betrothed his daughter Margaret to Aquin whereupon the Nobles of Sweden denied to yeeld any more obedience to their King deserted Magnus and chose Albert King Magnus seeking to regaine his Realme was defeated in battell and died in exile Queen Margaret taking Albert prisoner and conquering Sweden left it and two Kingdoms more to Ericus her adopted son But the Swedes weary of a forraigne yoke by the helpe of Engelbert denied subjection to him and waged warre so long with him that he was forced to place Swedes in all the Castles by agreement and to receive onely halfe the revenues of the Realme in his absence and at last tired out with the wars deserted both Crowne and Kingdome After this the Swedes elected Charles for their King who after seven yeers reigne perceiving that he grew grievous and displeasing to the States of Sweden taking his owne private goos onely with him and leaving the treasure of the Realm in a safe place left the Kingdome Whereupon they elected Christierne the first the King of Denmarke and Norway for their King against whom they took up armes because he had broken that paction prescribed to him when he tooke the Crowne whereupon Anno 1499. Christierne came with a great power to subdue the Swedes but he was easily conquered repulsed thence twice one after another by the Swedes united forces who elected them a Governour whom they called a Marshall which had power to call generall Assemblies of the States and execute the Kings Office and might have beene elected King upon such conditions as the States propounded which he refused to submit to King Iohn thinking to subdue the Swedes after Christiernes death was repulsed by them and his Queen taken prisoner His sonne Christierne the second King of Denmarke by the treachery of Gustavus Archbishop of Vpsalis after many encounters upon promise to continue their Laws Liberties and Priviledges inviolably and to remit all offences past by a solemne Oath was elected by the Swedes for their King who swearing these Articles and confirming them by his Charter was upon this admitted into the Towne and Castle of Holme where feasting all the Nobles and principall men of Swethland two dayes together suspecting no treachery he suddenly apprehends them imprisons murthers all the Nobles Gentry Citizens Commons yea Bishops and Monkes with extraordinary cruelty spoils their wives and Orphans of all their goods and exerciseth more then barbarous tyranny over them which Gustavus Erichson a noble Swede then in Denmarke hearing of escape thence privily and comes into Swethland disguised raiseth an Army to revenge this butchery delivers his Country from this Tyrant and for his noble service was by their unanimous vote elected and crowned King of Sweden in his stead the Swedes in a publike Declaration manifesting their expulsion and deprivation of Christierne for his treachery and tyranny to be just and lawfull Ericus the seventeenth King of Sweden imprisoning his brother murdering his faithfull Counsellours warring upon his Subjects playing the tyrant and matching himselfe unworthily to a woman of meane condition was for these his misdemeanors taken prisoner with his Queene deposed and his brother made King in his stead Anno 1599. And Sigismund King of Sweden taking upon him the Crowne of Poland after fourteen yeers reigne was deposed and dispossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead Assyria Cyprus Lombardy Naples Venice I Could now acquaint you with many such like passages and stories in the Kingdomes of Assyria as how effeminate Sardanapalus for his vices and mis-government was deprived by his Subjects burned in his Palace and Arbactus made King in his stead In the Kingdom of Cyprus where King Peter murthering his brother and those of Geneva was soon after taken prisoner and made a tributary Prince King Iohn governed by Helena his wife and she by his Nurse which made the people weary of the government had a Regent by consent of the Nobles Ioba of Portugall whom they married to his daughter Carlota set over him and the Realm and all the royall power soon after put into his hands who being soon poysoned by Helena Lewes sonne to the Duke of Savoy was sent for and crowned King by generall assent and John and Iames his sons put by Clephus the second King of Lombardy was so cruell that after his death they would have no more Kings but chose thirty Dukes to governe them who continued this government eleven yeeres Desiderius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great and so that Kingdome ceased Anno 774. Tancred the fourth King of Naples was deposed by Pope Celestine the third with his peoples consent Momfrey Bastard poysoning Conrade the seventh King of Naples and usurping the Crown was deposed by Charles Earle of Aniou who
great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicegerent was by the advice of the major part of the Lords for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects To the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friends and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgaine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pressing the people with quotidian taxes and tallages and the spirituall men with dismes and other exactions he was at length discharged of that dignitie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke or Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lewes the eleventh 〈◊〉 Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as
and plotted the meanes to raise their race to the Royall Throne by displacing all great Officers substituting others of their owne faction and endeavouring to extirpate the Protestant party whom they seared as most opposite to their treacherous designes They doe and undoe place and displace in Parliament and Privie Councell like absolute Kings they revoke all alienations for life or yeares made by the deceased King in recompence of any services except sales they caused divers Protestants to be put to death imprisoned pillaged Wherewith the princes Officers and people being generally discontented to redresse the present and prevent all future disasters that might ensue require a generall Parliament as the Soveraigne cure for such d●seases whereby the Queen Mother might be put from her usurped Regency and those of Guise excluded from the King person who to please the king perswade him that their opposites sought only to bridle and make him a Ward and that he should hold them enemies to his Authority and GVILTY OF HIGH TREASON THAT TALK OF A PARLIAMENT The King of Spaine to crosse them by Letters to the King his Brother-in-law declares himselfe for the good affection he bare to him Tutor and Protector of him his Realme and affaires against those that would change the Government of the Estate as if the King were not capable of the Government Pleasant people which reject so much the word of lawfull tutelage and yet usurped it against the Lawes and Orders of the Realme holding it onely by tyranny After this they cast many slanders on the Protestants put Anne dis Burge and other Councellours of Parliament to death pistoll Anthony Minard president of the Parliament publish sundry Edicts against those of the reformed Religion promise great recompences to those that discover their assemblies fill their prisons with them imploy ayre fire and water to ruine them and kept the king from hearing his Subjects complaints The princes were kept backe the greatest of the Realme out of credit threatned and secretly pursued to death the convocation of the Estates refused the parliaments corrupted the Judges for the most part at the Guisians devotion and the publike treasure offices and benefices given to whom they pleased This their violent government against the lawes and orders of the Realme purchased them wonderfull hatred and caused many which could no longer endure these oppressions to consult VPON SOME IVST DEFENCE to the end they might preserve the just and ancient Government of the Realme They demand advice TOVCHING LAW AND CONSCIENCE OF MANY LEARNED LAWYERS AND DIVINES who resolved THAT THEY MIGHT LAWFVLLY OPPOSE THEMSELVES against the government which the house of Guise had usurped AND AT NEED TAKE ARMES TO REPVLSE THEIR VIOLENCE so as the Princes who in that case are born Magistrates or some one of them would undertake it being required by the Estates of the Realme or by the sounder part of them They who first thought of this Act of consequence had severall considerations Some moved with a true zeale to serve God the King and Realme thought they could not doe a greater worke of pietie then to abolish Tyrannie rescue the State and to finde some meanes to ease them of the Religion There were others desirous of change and some were thrust on with hatred for the wrongs which the house of Guise had done them their kinsmen and friends yet all had one designe to suppresse this unlawfull government In these consultations it was held necessary to seize on the Duke of Guise and the Cardinall his brother being advowed by one chiefe member of the State and then to require an assembly of the Three Estates to the end they might yeeld an account of their Government provide for the King and Realm After which they make the Prince of Gonde acquainted with this their designe engage him in this quarrel which being discovered produced a long bloody civill war against the Protestants under this and the two succeeding Kings in which warre those that died departed this world with this singular content to have couragiously sacrificed their lives for their countries libertie So the generall History of France in which and in Richard Dinothus you may read at large both the History and the lawfulnesse of this defensive warre over tedious to transcribe Francis dying the Crowne descended to Charles the ninth being but eleven yeares of age and a Parliament of the Estates being assembled on the three and twentieth day of December 1560. the Queene Mother was thereby allowed and confirmed Regent during the Kings minority In severall Parliaments contradictory Acts are made some restraining others granting the free exercise of the Reformed Religion thorowout the Realme The Guisian Popish faction being the strongest party most powerfull at Court and intimatest with the King notwithstanding all Acts for the Protestants immunitie and libertie of conscience impose divers illegall restraints upon them commit many outrages and massacres on them for which they could have no redresse whereupon for their own defence and preservation after many fruitlesse Petitions delusory promises they take up Arms whereupon many bloody civill wars ensue Many propositions and overtures of Peace were made by the Guisian royall party not one of them reall but all to get advantages and over-reach the Protestants against whom they had the most mischievous designes in agitation when they seemed most earnestly to desire Peace Four or five severall conclusions of Peace were solemnly made and ratified betweene them but no sooner made and proclaimed but presently violated of the King and Popish party by massacres and new treacherous Plots to extirpate the Protestant party so that every accommodation proved but a seminary of a new and more bloody warre almost to the utter ruine of France In the yeare 1592. when a publicke peace was made and all differences to outward appearance buried in eternall oblivion the King contrary to his faith and oath caused the Admirall of France the Protestants chiefe pillar as he departed from the Councell to dinner to be shot with a Harguebuze which carried away the forefinger of his right hand and wounded him in the left arme The king to colour this treachery sweares with an execration to the King of Navarre and others who complained of this outrage to take such exemplary punishment on the offendors as the Admirall and his friends should have cause to rest satisfied commands them to be pursued appoints three of the Parliament to make information against them protests after this again and again to be exceeding sorry that this act touched his honour that he will be revenged for it so as the memory thereof should remaine for ever writes to the governours of the Provinces chiefe Townes and Magistrates That he would take such order as the Authors of so wicked an act should be knowne and punished And to his Ambassadours to forraigne Princes That they should make it knowne to all the world that this outrage did displease him And
people whereto the Nobilitie as well as the rest should contribute imposing 5. Maravidis of gold for every person but it took no effect for all the Gentlemen of Castile being discontented that he sought to infringe their Liberties fell to armes and being led by the Earle Don Pedro de Lara they were resolved to resist this tax and defend their Liberties with the hazzard of their live● Whereupon Alphonso changed his opinion and let them understand that from thenceforth he would maintain their immunities and that whatsoever he had then propounded was not to continue but only to supply the present necessity of affaires which he would seek to furnish by some other meanes For the great resolution which Don Pedro de Lara shewed in this action the Nobility of Castile did grant to him and his successours a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence and thereby the Lords of Lara have the first voyce for the Nobility in the Court of Castile z An. 1204. King Alphonso the Noble called a Parliament of the Lords Prelates and Deputies of the Townes of his Realm at Toledo to advise and assist him in his warrs against the Moores where they concluded to crave ayd from all Christian Princes and a Crossado from the Pope against the Moores and made divers Lawes to restrain the supersluities of the Realm in feasts apparell and other things Iames the 8. King of Arragon being young at the time of his Fathers death it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida that Don Sancho Earl of Roussilon should govern the Realm during the Kings minority but they gave him limitation The Kings person they recommended to Frier William of Moncedon Mr. of the Templers After which An. 1220. this yong kings Vncles seeking to wrest the Realme from him instead of governing it by the fidelity of the Estates and their authority his interest was preserved and three Governours with a superintendent of his Provinces were appointed by them and to prevent the continuall practises of the Earles of Roussillon and Fernand the kings Uncles the states and justice of Arragon declared the King of full age when he was but ten yeeres old and caused the Earle of Roussillon to quit the Regencie the authority of the justice of Arragon being then great for the defence of the publike liberty An. 1214. Alphonso the Noble king of Castile dying his sonne Henry being but 11. yeer old the Prelates Nobles and Commons assembled at Burgon having declared him king and taken the oath made Queen Eleonora his Mother Governesse of his Person and Realms after whose death the custody of him was committed to the hands of the Lords of Lara This king afterwards playing with other yong children of Noble Houses at Palenca in the Bishops Palace one of them cast a tyle from the top of a Tower which falling on the covering of an house beat down another tyle which fell on the young kings head wherewith he was so grievously hurt that hee dyed the eleventh day after An. 1217. yet this his casuall death for ought I finde was neither reputed Felony nor Treason in the child that was the cause of it After whose death Fernand the 3. was proclaimed and made King by the States of Castile to prevent the pretentions of the French after which his Mother Queen Berenguela in the presence of the Estates renouncing all her right to the Crown resigned it up to her sonne Fernand About this time the Moores in Spain rejected the Miraluminis of Africk and created them severall Kings and Kingdomes in Spain being never more united under one Crown after this division which they thought it lawfull for them to make An. 1228. the Estates of Arragon assembling at Barcelona they consenting and requiring it according to the custome of the Arragonians and Cattelans these Estates having authority to make Warre and Peace and Leagues a warre was resolved against the King of the Moores and Majorkins Anno 1231. the Realm of Navarre being very ill governed by reason their King Sancho retired to his chamber did not speak with any man but his Houshold servants and would not heare of any publike affaires thereupon the State began to think of electing a Regent to govern the Realm during his retirednesse to prevent which Sancho made an unjust accord with the king of Navarre and confederated with Iames King of Arragon by the assents of the states of the Realm to leave his Kingdome to him if he survived him yet after his death Thibault Earle of Champaigne was by the states of Navarre elected and proclaimed King And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the warre with the Moores and conquest of Valentia without whom it was not lawfull for the King to undertake any matter of importance For maintenance of this warre a custome called Marebetine and an exaction of impost for cattell was by the Estates imposed on the People it was likewise decreed that all peeces of Gold and silver coyned should be of one goodnesse and weight to the observation of which Edict for coynes all were bound to sweare that were above 18. yeers of age Anno 1236. Iames King of Arragon revealing to his Confessor the Bishop of Girone that before his marriage with Queen Yolant he had passed a matrimonial promise to Theresa of Bidame she sued him thereupon before the Pope who gave sentence against her for want of sufficient witnesse notwithstanding his Confessors testimony The King hereupon grew so angry with the Bishop for revealing his secrets that sending for him to his chamber he caused his tongue to be cut out For which out-rage committed on the Bishop though faulty the Pope in the Councell of Lions complained and in the end interdicted all the Realme of Arragon and excommunicated the king Hereupon to take off this interdiction and excommunication the king sent the Bishop of Valentia with his excuse and humiliation to the Pope wherewith he being somewhat pacified sent two Legates into Arragon who having assembled a Synod of Bishops at Lerida they caused the King to come thither and to confesse his fault upon his knees before these fathers with great submission and teares who gave him absolution upon condition he should cause the Monastery of Boneface to be built and endowed with an hundred and forty pounds of silver of annuall rent endow an Hospitall for the poore with foure hundred pounds silver per annum and give a Prebendary in the great Church of Girone for the maintenance of a Masse-priest About which time the Moors in Spain erected many new Kings and Kingdoms by mutuall consent and Mahumad Aben Alamar for his valour was by the Inhabitants of Mariona elected and made first King of Granado Anno 1243. all was in combustion in Portugall by the negligence and basenesse of their king Don Sancho
Justice of thy Fathers He answeres I will and by Gods Assistance promise that I will doe and performe it by all mean●s After this kneeling on his knees the Arch-bishop holding the New Testament open and the Burgrave reading the words first the king takes this Oath in the Bohemian tongue We sweare to God the mother of God and all Saints upon this holy Gospell that we will and ought to keepe immovably to the Barons Knights and Nobles also to those of Prague and the other Cities and to all the Commonalty of the Realme of Bohemia the Institutions Lawes Priviledges Exemptions Liberties and Rights and also the ancient good and laudable customes of the Realme and not to alienate or morgage any thing from the same Kingdome of Bohemia but rather to our power to augment and enlarge it and to doe all things which may be good and honourable to that Kingdome So helpe me God touching the booke with two of the fingers of his right hand and all Saints The Kings of Navarre take the like Oath How this Realme hath beene altered from a Principality to a Dukedome and from it againe to a Kingdome having sometimes Kings sometimes Dukes both elected by the free choyse of the Estates to whom they were inferiour in Soveraigne power accountable for their mis-government and removeable from their Throne you may read in the marginall Authors Not to mention the Bohemians deposition of Libussa a Noble Virago who governed them for a season reputing it a dishonour to the Nation to be ruled by a woman and electing Przemys●●s for their Prince their deposition and banishment of Prince Borzinegius because he became a Christian and renounced their Pagan Religion though they afterwards twice restored him Of Boleslaus Rufus of Borzinogius the 2. thrice deposed banished by the Nobles and people or Sobe●slaus and other Princes Wladislaus first King of Bohemia in his old age by the assent of the Estates associated his sonne Frederick Anno 1173 with him in the Regality Henry King of Bohemia using the Councell of the Germans rather then the Bohemians and looking more after his owne private gaine then the Kingdomes was deposed in a generall Assembly of the Estates Anno 1310. and the sonne of the Emperour Henry the 7 th chosen King upon this condition if he would marry the youngest daughter of King Winceslaus King Wenceslaus the drunken for his drunkennesse negligence and cruelty was twice imprisoned and severely handled by his Nobles and upon promise of amendment restored to his liberty and dignity in his and Sigismond his successors raigns Zizca and the Taborites in defence of their Religion against the Popish party who most unjustly against their promise and safe conduct caused John Hus and Jerome of Prague to be put to death waged great warres and obtained many victories against the King and Emperour and gained free liberty of professing their religion publickely much against the Popes good will which liberty they have ever since maintained by the sword both against the Popish Emperours and Kings by meanes of which civill wars the kingdome suffered some Interregnums During the Minority of king ●c Ladislaus Anno 1439. this kingdome was governed by two Presidents appointed by the Estates Anno 1611. the Emperour Rodulph being willing to settle the kingdome of Bohemia on his Brother Matthias in an assembly of the States of Bohemia called for that purpose the Estates thereupon drew many Articles which Matthias was to sweare to before his Coronation with 49. Articles of complaints and grievances for which they craved redresse and the inhabitants of Prague required the confirmation of 8. Articles which concerned the private Government of their City All which the Emperour and Matthias were constrained to Grant and sweare to before they would admit Matthias to be their King who had nothing in a manner but the Title some of the flowers of the liberty of the Crowne being parted with by his assenting to these Articles Anno 1617. Matthias resigning the Crowne of Bohemia and renouncing his right thereunto recommended Ferdinand Arch. Duke of Austria to them or his successour The States would not admit him king but upon Conditions the which if he should infringe The States should not be bound to yeeld him Obedience Moreover it was added That he should confirm to the States before his Coronation to maintaine all the Priviledges Charters Immunities Municipall Rights Constitutions and Customes of the Realme and people as the Emperour and his predecessors had done by his Oath and Charter in Writing All which assented to he was proclaimed and crowned king Soone after the Arch-bishop of Prague causing some of the Protestant Churches to be ruined and those who complained of it to be put in prison and plotting the extirpation of the Protestant Religion through the Iesuites instigation contrary to their Liberties and the Provinciall constitution hereupon the Protestant States of Bohemia assembled at Prague fortified the Towne binding the three Townes of Prague to them by an Oath entred into a solemne League promising to fight against the Common enemies of God the King and Religion and in that cause to live and dye to which end they levyed a great Army banishing the Jesuites out of Bohemia as the Authors of all the miseries which had hapned in that Realme and many other Realmes and States of Christendome and inciting murderers to kill Kings who would not live after their manner and medling with affaires of State and who had drawne the whole Country into the hands of certaine perfidious Catholickes by whose practises the Country was in danger of ruine For which causes they banished them for ever out of the Realme of Bohemia enjoyning them to depart within 8 dayes never to returne After this the Protestants hearing that the Emperour and Popish party raised Forces against them possessed themselves of many Townes and places within the Realme and raised two Armies All the Protestant Princes and States of Germany Morauia and Silesia except the Elector of Saxony assisted them with men money or Councell publishing a Declaration to justifie their action being for the Common cause of Religion the● endangered The Prince of Orange and States of the united Provinces promised them assistance of men and money other Protestant Princes and the Protestant States of Lower Austria did the like The Protestant Armies after this had many victorious incounters with the Imperialists and Popish Forces and took many Towns King Ferdinand in the meane time being newly chosen Emperour the States of Bohemia being assembled together at Prague which the Deputies of the incorporated Provinces Anno. 1619. Concluded and protested by Oath never to acknowledge Ferdinard for their King who had violated his first Covenants resolving to proceede to a new Election and on the 26. of August Elected Fredericke the Prince Electer Palatine of Reine to be their King who accepted the dignity was afterward Crowned king accordingly After which the States of Bohemia
themselves for the whole Nation in generall and every of them in particular frequently enter into solemn Vowes and Covenants with God to serve the Lord to be and conttnue his people to seek the Lord God fo their fathers with all their heart and with all their soul that whosoever would not seek the Lord God of Israel should be put to death whether small or great whether Man or Woman not the King or Queen excepted and they sware unto the Lord with a loud voice and with shouting and with trumpets and with Cornets and all rejoyced at the Oath for they had sworn with all their hearts Witnesse the Covenant made by Ioshua and all the people To serve the Lord by Samuel Saul and all the people at Sauls Coronation and by king Asa and all his people To seek the Lord c. who in pursuance thereof removed his mother Maacha from being Queen because she had made an idol in a Grove and cut down her idol and stampt it and burnt it at the brook Kidron 2 Chron. 15. 16. of King David Solomon and all the people at Solomons Coronation between King Iehoash Iehoiada and all the Congregation at his inauguration that they should be the Lords people in pursuance whereof all the people went to the house of Baal and brake it down and brake his altars and images in pieces and slew Mattan the Priest of Baal before the altars between Hezekiah and all his subjects and God between Iosiah and all that were present in Ierusalem and Benjamin and Gad who made a covenant before the Lord to walk after the Lord and to keep his Commandments and his Testimonies and his Statutes with all their heart and with all their soul to perform the words of the Covenant formerly written in the Book of the Covenant that was found in the house of the Lord in execution whereof Iosiah tooke away all the abominations out of all the Countrey that pertained to the children of Israel and made all that were present in Israel to serve the Lord their God and not to depart from following the Lord God of their Fathers all his dayes Together with the like solemne publike Covenants made by Ezra Nehemiah and all the People unto God which Covenant the Princes Levites Priests and all the people sealed and entred into a Curse and into an Oath to walk in Gods Law and to observe and doe all the Commandments ●udgements and Statutes of the Lord c. And that God himself expresly commanded them That if any Prophet or Dreamer of dreams or thy Brother or son of thy Mother or thy daughter or the wife of thy bosom or thy friend which is as thine own soul should secretly intice them to commit idolatry or serve other gods they should neither consent nor hearken to nor pitty nor spare nor conceal him but shalt surely kill him thy hand shall be first upon him to put him to death and after the hand of all the people and thou shalt stone him with stones that he die onely for this secret inticement to idolatry And all Israel shall hear and fear and do no more such wickednesse as this is And if they should hear that the inhabitants of any City were seduced to serve other gods then they must diligently search and inquire after it and if it be truth and the thing certain that such abomination was wrought among them then they shall surely smite the inhabitants of that City with the edge of the sword destroying it utterly and all that is therein and the cattell thereof with the edge of the sword and gather all the spoil of it into the midst of the street thereof and burn the City with all the spoile thereof every whit for the Lord their God and it shall be an heap for ever and shall not be built again In pursuance whereof the ten tribes and a half assembled to warre against the Reubenites G●dites and half Tribe of Manasseh for their supposed idolatrous Altar and all the children of Israel assembled together as one man and made warre against the men of Gibeah and the Benjamites for not punishing the grosse Rape of the Levites Concubine destroying the City utterly and the Tribe of Benjamin too welnigh And upon this ground the City of Libnah revolted from under the hand of Iehoram the idolatrous King of Iudah Because he had forsaken the Lord God of his Fathers And as some learned men conceive the people made a Conspiracie against King Amaziah in Ierusalem and he fled to Lachish but they sent after him to Lachish and slew him there not privately but openly as acted by publike authoritie consent and medicated deliberation not out of any private hatred but for his impietie whereby he violated the chiefest part of his Oath and Covenant whereupon we read not of any complaint or inquisition or proceedings or punishment inflicted on those that slew him after his death either by the people or his children as there was upon those who slew King Ammon but being slain they brought him back on horses and he was buried at Ierusalem with his Fathers in the Citie of David out of reverence to his royall dignity and family And All the Pe●ple of Iudah took Azariah and made him King in stead of his father Amaziah which plainly shewes that what was formerly done by the greater part of the States at Ierusalem was afterwards confirmed by common consent as done upon a just cause and executed by command of those who might lawfully doe it Whence they conclude That the Orders or States of the People of Israel had right to chuse what King they would themselves out of the family of David and being elected afterward to correct and punish him as there was cause that they were obliged by this Covenant made to God both to reprehend resist oppose yea depose if not put to death their King for his open incorrigible idolatries and sins by common consent as their king was obliged to punish and put them to death for their idolatries and crimes their kings being included within their Covenants and Gods inhibition of idolatry under pain of capita● punishments extending to Kings as well as others if not more then to any because their examples were most pernicious and they were as far forth bound by their joynt Covenants made to God with their Kings to hinder their Kings from and to proceed against them for their idolatries as their kings were to impedite and punish them for their breach of Covenant and because God himself did punish them for their Kings idolatries as is evedent by Ier. 15. 1 to 6. and the History of the Kings and Chronicles every where which God would not in justice have done had not the people both just right and power to resist hinder censure punish depose their Kings by publike consent of the State and people for their idolatries and breach of Covenant as
Coyning and High Treason Anno 1328. Alphonso King of Castile treacherously murthering Don Iohn the blinde his Kinsman in his own Court when he had invited him to dinner on all Saints day and then condemning him for a Traitor confiscating his lands a fact unseemly for a King who should be the mirrour of Iustice Hereupon Don Iohn Manuell stood upon his Guard fortified his Castles revolted from the King for this his Treachery allyed himself with the Kings of Arragon and Granado overran the Countries of Castile from Almanca unto Pegnafield the Prior of Saint Iohns Don Fernand Rodrigues hereupon caused the Cities of Toro Zamora and Vailledolit to rebell and shut their gates against the King and many others likewise revolted from him At last he was forced to call an Assembly of the Estates who gave him Subsidies to ayde him in his wars against the Moors and to conclude a peace with Don Manuel and his other discontented Subjects whom he afterwards spoiling of their lawfull inheritances and pursuing them in their honours and lives by Tyrannous crueltie extending his outragious disdain even to women of his own blood he thereby so estranged most of his Princes and Nobles from him that they revolted from him and joyned with Mahumet king of Granado and the Moors in a warre against him which lasted three or four yeers putting him to infinite trouble vexations and expences enforcing him to make a dishonourable peace with the Moors to release the Tribute which they payed him formerly and after much mediation he concluded a Peace thorowout all the Realm with his discontented Subjects This Prince thinking to raign more securely had taken a course of extream severity shewing himself cruell and treacherous to his Nobility whereby he was feared but withall he lost the love and respect of his subjects so as he was no sooner freed from one danger but he fell into another worse then the first his Nobles holding this for a Maxime That a Tyrant being offended will at some time revenge himself and therefore they must not trust him upon any reconciliation who to pacifie the troubles which had grown by his own errour had made no difficulty to sacrifice upon the peoples spleen his own Mignions degrading and in the end murthering condemning them as Traitors after their death yea the Princes of his own blood taking their goods estates and depriving the lawfull Heirs seeking to reign over free men and generous Spirits as over beasts entreating them as base and effeminate slaves who might not speak their opinions freely in matters of State and Government of which they were held dead members and without feeling Whereupon D. Manuel and other Nobles as men endued with understanding reason and not forgetting the nature of Alphonso who was proud a contemner of all laws and treacherous they proceeded so farre as to withdraw themselves from his subjection by protestation and publike act and entred into a league with the King of Portugall incensing him to take up Arms for their defence Where upon King Alphonso having some feeling that cruelty was too violent remedy for men that were Nobly borne he sought by all milde and courteous meanes to divide them and to draw some of them to his service which he effected and so more easily conquered and reduced their companions An. 1337. was founded the Town of Alegria of Dulanci in the Province of Alava and many Villages thereabout the which obtained from the King the priviledges and Lawes of the Realm whereby the inhabitants should govern themselves with libertie to chuse their own Iudges Don Pedro the first king of Castile surnamed the cruell most tyrannically murthering and poysoning divers of his Nobles and subjects without cause banishing others quitting Blanch his espoused wife within three dayes after his marriage to enjoy the unchaste love of Donna Maria de Paedilla by whom hee was inchanted which much troubled the whole Court divorcing himselfe without colour by the advice onely of two Bishops without the Popes assent from Blanch and marrying Jane of Castro in her life time Hanging up divers Burgesses of Toledo causlesly for taking the Queens part too openly and among others a Goldsmiths sonne who offred to be hanged to save his fathers life causing his own brother Don Frederick and divers Nobles else to be suddenly slain Anno 1358. poysoning and murdering likewise divers Noble Ladies among others Don Leonora his own Aunt after which Anno 1360 he murthering two more of his own brethren executing divers Clergy men and Knights of Castle banishing the Archbishop of Toledo putting divers Jews as Samuel Levy his High Treasurer with his whole family to death to gain their Estates and causing his own Queen Blanch to be poysoned after she had long been kept prisoner by him Anno 1361. Hereupon his cruelties rapines and murders growing excessive and the Popes Legat denouncing him an utter Enemy to God and man Henry Earle of Transtamara his brother with other Fugitives getting ayde from the King of Navarre entred Castile with an Army where by the Nobles importunity he tooke upon him the title of King of Castile and Leon which done the whole Kingdom long oppressed with D. Pedro his Tyranny immediately revolted from him so that in few dayes Henry found himselfe King of a mighty great kingdom almost without striking stroke the people striving who should first receive him such was their hatred to the Tyrant Pedro who being doubtfull what to doe fled with two and twenty Ships out of his Realme to Bayon craving ayde of the English to revest him in his Kingdom mean time king Henry assembling the Estates at Burgon they granted him the tenth penny of all the Merchandize they should sell in the Realm to maintaine the warres against Pedro who getting ayde from the English upon conditions accompanied with the valiant Black Prince of Wales entred with a great Army into Spain where the Prince writing to Henry voluntarily to resign the Crown to Pedro his Brother to avoyd the effusion of Christian blood he made answer That he could not hearken to any accord with him who had against the law of nature taken delight to murther so many of the blood Royall and other great personages of Castile who had no respect of the Lawes of the Countrey and much lesse of God falsifying his Oathes and promises having no other rule in his actions but his Tyrannous passions Whereupon battell being joyned Henry was conquered and Pedro restored But hee discontenting the English and others who had reseated him in his Kingdome by his insolency and Tyranny and the Biscaniers refusing to be under the command of strangers whom they would never consent to be put in possession of their Countrey and withall falling to his former cruelties and courses contrary to the advice of his friends and Astrologers he so estranged the hearts of all from him that the English returning and Henry receiving new forces from the French entred Castile
that she was forced to serve other Noble women for her living wherefore to expiate this disgrace she murthered him in his bed and afterwards slew her selfe also Donald the 70 King of Scotland gave himselfe wholy to his pleasures keeping none but Hunters Hawkers and inventors of new lusts about him on whom he spent the revenues of the Realme by which he corrupted the youth of the kingdome which the ancients of the Realme discerning assembled and went to the King admonishing him of his duty which he notwithstanding neglected till the wars roused him up Which being ended he returned to his pristine courses Whereupon the Nobles fearing lest this filthy and sloathfull man who would neither be amended by the councels of his friends nor calamities of his people should lose the remainder of the Kingdome which was left cast him into prison where for griefe of his inhibited pleasures or feare of publike shame he layd violent hands upon himselfe Constantine the second was inhibited by his Senators to make war before he had reformed the corrupted youth of the Realme by good Lawes after which he was slaine in battle by the Danes King Ethus his brother and successor polluting himselfe with all vices and drawing all the youth of the Country prone to wickednesse with him he was the reupon seised on by the Nobles who making a long Oration to the people wherein they related the wickednesses of his whole life he was forced to renounce his right in the kingdome and dyed in prison of griefe within three days after Gregory being made King in his stead Constantine the third turning Monke Malchombe was elected king who was slaine by the conspiracie of theeves whose sonne Duffus being an infant Indulfus enjoyed the Crowne to whom Duffus succeeding was murthered by Donald whereupon a Parliament was assembled to chuse a new King which elected Culenus who at last degenerating into all licentiousnesse ravished Virgins Nunnes yea his owne sisters and daughters and set up a kinde of publicke stewes For which being reprehended by the Nobles he excused part by reason of his youth part by reason of feare and acknowledgeing his sorrow for the residue promised a ●endment But he not reforming upon their admonitions they departed from Court that they might neither be witnesses nor partakers of his vices The king freed of their troublesome company gave himselfe wholy to feasting and venery spending nights and dayes in dishonest sports and pleasures with his dissolute companions and to maintaine his luxurie he pillaged and oppressed his Subjects especially those who were rich and by his disorders fell into a grievous sicknesse which made him a deformed carcasse fit for nothing but to suffer the penalties of his vitious life his Courtiers and companions spoyling the people every where in the meane time Whereupon the Nobles were enforced to summon a Parliament at Scone where the king was commanded to be present that together with the rest he might consult how to provide for the publicke safety in his precipitate State of things with which sommons being awaked he began to consult with his companions what was best to be done for his owne safety in these exigents being unable to resist or flee he resolved to goe to the Parliament hoping to finde some mercy there for his good fathers sake to preserve him from falling into extreame misery but in his way thither he was slaine by the Thane of the Country for his violent ravishment of his daughter his death was acceptable to all because it freed them of such a monster with lesse labour then they expected and Kenneth the third was made King in his place who poysoning his Nephew Malcolme heire to the crown after his decease to settle on his own posteritie he caused the Lords in Parliament to repeale the ancient Law wherby the Crown discended to the next of kin during the minority of the right heire and to enact that the sonne should from thenceforth inherite the crowne next after his father through a Minor that the Realme during his Minority should be governed by a Viceroy elected by the Parliament and Nobles till he came to 14 yeeres of age and after that by a Gardian elected by himselfe that if the Kings eldest sonne dyed having issue the issue should inherit before the second brother c. After which the King generally hated for the poysoning of Malcolme was slaine by the practise and command of Fenella He thus cut off Constantine surnamed the bald sonne of Culen pretending the new Law concerning the discent of the Crowne to be unjust obtained by force and contrary both to the publicke liberty and safety to wit that an infant commonly governed by a woman being unable to governe or repulse an enemy in times of danger yea a curse of God upon a Realme and therefore not to be endured or setled by a Law especially in those time of warre when they had so many enemies should be preferred before a Kinsman of full age fit to raigne so ambitiously sought the Crowne and made so many friends that he procured himselfe to be proclaimed King at Scone which Malcolme sonne of Kenneth for whose sake this new Law was enacted understanding presently raised all the Forces he could which being conducted by his brother Kenneth Constantine and he in the second encounter were both slaine one of another After whose death Grame the sonne of Duffus usurping the Crowne when he and Malcolme were ready to encounter with their Armes this agreement was made betweene them by Forthred a Bishop that Grame should retaine the Kingdome and the new Law of succession be suspended during his life and Malcolme succeede him after his death After which Grame giving himselfe to all dissolutenesse covetousnesse and oppression and warring upon those Nobles and Councellors who advised him to reforme his evill courses with greater cruelty than any forraigne enemie destroying both men townes cattle fields and making all a common prey hereupon they called in Malcolme out of Northumberland to assist them who encountring Grame on Ascention day tooke him prisoner being deserted of his people wounded in the head and then put out his eyes who soone after dying of sorrow and his wounds Malcholme thereupon summoned a Parliament at Scone and would not take the Crown till the Law concerning the succession made in his fathers raigne was ratified by all their consents against which Law Buchanan exceedingly inveighs in the beginning of his seventh Booke as the occasion and increase of all those mischiefes both to King and Kingdome which it was purposely made to prevent This Malcolme after he had raigned long victoriously with much honour in his declining age growing very covetous tooke away the lands he had formerly given to his Nobles for their good service in the wars and punished divers of the wealthiest men so severely that he brought many of them to death others to extreame poverty which injuries lost him all his love honour and so farre exasperated the
men and then spoiled and burned the Towne Co●ntry with all places else that were firme to the King betweene whom and the kings party a bloody civill warre to the spoyle of the Countrey continued above two yeares space with various successe till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon whose sonne James the 3. being but 7. yeeres old was proclaimed king in the Campe and the Queen Mother made Regent till a Parliament might be called to settle the government but when the Parliament assembled upon the Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government they Elected 6. Regents to governe the King and Realme during his minority After which Bodius was made Vice-roy This king being seduced by ill Courtiers and Councellors which corrupted him thereupon divers of the Nobles assembling together resolved to goe to the Court to demand these ill Councellors and seducers of the King and then to execute them which they did accordingly and that with such fury that when they wanted cords to hang some of them they made use of their horses bridles and every one strave who should be forwardest to doe this execution The king promising reformation was dismissed but in steed of reforming he meditated nothing but revenge blood and slaughter in his minde and plotting secretly to murther the Nobles in Edenburg by the helpe of Earle Duglasse he detesting the fact and revealing the Treachery thereupon the Nobles who formerly desired onely his reformation tooke up Armes to destroy him as one incorrigible and implacable whereupon they made the Kings sonne Vice-roy and knowing the kings perfidiousnesse would yeeld to no termes of peace unlesse he would resigne up his Crown to his son which he refusing thereupon they gave him battle and slew him as a common enemie After which calling a Parliament they created his son Iames the fourth king who comming under the power of the Duglasses rescued himselfe at last from them and invading England Anno. 1542 when he proclaimed Oliver Sincleer his favorite Generall the Scottish Nobility tooke it in such indignation that they threw downe their weapons and suffered themselves to be taken prisoners whereupon the king growing sicke with griefe and anger soone after dyed Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland and heire to the Crowne being within age her mother Queene Mary by common consent was made Regent and shee by common consent and councell of the Nobles married to Francis Dolphine of France In the meane time there hapning some troubles and warres about the reformed Religion which many of the Nobles and people there contented for the Queene Mother granting those of the Religion a confirmation of their liberties and Religion by way of Truce for 6 moneths she in the meane time sends for Souldiers out of France wherewith she endeavoured to suppresse Religion with the remaining liberty of the Scots and to subject them to the French Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties by a common decree in Parliament deprived the Queene Mother of her Regencie make a league with our Queene Elizabeth being of the reformed Religion and receiving ayde both of men and money from her besieged the Queene Mother in Edenburgh Castle where she dyed of griefe and sicknesse After which they expelled the French and procured free exercise of the Reformed Religion In the meane time Francis dying the Queene sends for Henry Steward out of England where he and his Father had beene Exiles marries and proclaimes him king Iuly 29. 1564. which done she excluded the Nobility from her Councells and was wholly advised by David Ritzius a Subaudian whom she brought with her out of France and did all things by his Councell wherewith the Nobles being much discontented finding him supping with the Queene in a little Chamber commanded him to rise out of the place which did little become him and drawing him out of the Chamber stabbed him to death Anno. 1565. The Queene soone after was delivered of a sonne and heire Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her setting him over all affaires of the Realm granting nothing to any petitioner almost but by him and her husband Steward being dead whether of a naturall death or poyson is yet in controversie she married Bothwell openly without the Lords and Parliaments consents Hereupon the Nobles tooke up armes against Bothwel and the Queen besieged the Queen till she rendred her selfe prisoner upon this condition that she should adjure and resigne her interest in the Crowne and Kingdome to her infant sonne which they compelled her to performe and appointed Iames Earle of Morton Vice-roy and Protector during the Kings Minority In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine where corrupting Duglasse her keeper the Earle of Mortons Nephew and a shipmaster she escaped to the Hamiltons in safety who having raised Forces to free her waited her comming on the shoare But the Vice-roy scattering these forces soone after the Queene thereupon fled into England Anno. 1568. Where Queene Elizabeth taking her expulsion ill laboured that she might be restored to the Crowne which could not be effected but by Armes or mediation and neither of them without knowledge of the cause Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England to answere the complaints of their Queene against them which they did in a writing composed by Buchanan and afterwards Printed both in Latine and English wherein they shewed the grounds and order of their proceedings against their Queene wherewith the Queene and Councell were satisfied that they had proceeded rightly and orderly yet to keepe both sides in suspence she pronounced no definitive sentence The Vice-roy departing into Scotland was afterwards murthered by the Hamiltons and Matthew Steward Earle of Leseux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Northfolke about a match with him and to seise upon the Realm of Scotland whereupon he was committed to the Tower and she restrained after which she was solemnly arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death c. and for it beheaded at Fotherringham Castle Feb. 8. 1587. The History of which Queenes life is more at large related by Buchanan and others and her imprisonment and Deposition professedly justified as lawfull by his Treatise De Iure Regni apud Scotos compiled for that purpose to which I shall referre the Reader What the Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes Liberties by holding generall Assemblies Parliaments taking up armes seising the Forts and Ammunition of the Realm and marching into England against the