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A91298 The third part of The soveraigne povver of parliaments and kingdomes. Wherein the Parliaments present necessary defensive warre against the Kings offensive malignant, popish forces; and subjects taking up defensive armes against their soveraignes, and their armies in some cases, is copiously manifested, to be just, lawfull, both in point of law and conscience; and neither treason nor rebellion in either; by inpregnable reasons and authorities of all kindes. Together with a satisfactory answer to all objections, from law, Scripture, fathers, reason, hitherto alledged by Dr. Ferne, or any other late opposite pamphleters, whose grosse mistakes in true stating of the present controversie, in sundry points of divinity, antiquity, history, with their absurd irrationall logicke and theologie, are here more fully discovered, refuted, than hitherto they have been by any: besides other particulars of great concernment. / By William Prynne, utter-barrester, of Lincolnes Inne. It is this eighth day of May, 1643. ordered ... that this booke, ... be printed by Michael Sparke, senior. John White.; Soveraigne power of parliaments and kingdomes. Part 3 Prynne, William, 1600-1669.; England and Wales. Parliament. House of Commons. 1643 (1643) Wing P4103; Thomason E248_3; ESTC R203191 213,081 158

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reports that Symon after his death grew famous by many miracles which for feare of the King came not in publicke Thus this Historian thus Robert Grosthead the most devout and learned Bishop of that age who most of any opposed the Popes Vsurpations and exactions determine of the justice and lawfulnesse of the Barons Warres Walter Bishop of Worcester concurring in the same opinion with Grosthead The same author Rishanger records that the Earle of Glocester a great stickler in these warres against the king with whom at last he accorded signified to the King by his Letters Patents under his seale that he would never beare Armes against the King his Lord nor against his Sonne Prince Edward NISI DEFENDO but onely in his Defence which the King and Prince accepting of clearely proves that defensive Armes against King or Prince were in that age generally reputed Lawfull by King Prince Prelates Nobles People I may likewise adde to this what I read in Matthew Westminster that Richard Bishop of Chichester the day before the battle of Lewis against King Henry and his sonne who were taken prisoners in it by the Barons and 20000. of their Souldiers slaine absolved all that went to fight against the King their Lord from all their sinnes Such confidence had he of the goodnesse of the cause and justnesse of the warre In one word the oath of association prescribed by the Barons to the King of Romans brother to King Henry the third in the 43. yeare of his Raigne Heare all men that I Richard Earle of Cornewall doe here sweare upon the holy Evangelists that I shall be faithfull and diligent to reforme with you the Kingdome of England hitherto by the councell of wicked persons overmuch disordered and be an effectuall Co●djutor TO EXPELL THE REBELLS and disturbers of the same And this Oath I will inviolaby observe under pa●ne of losing all the lands I have in England So helpe me God Which Oath all the Barrons and their associates tooke by vertue whereof they tooke up armes against the Kings ill Councellors and himselfe when he joined with them sufficiently demonstrates their publicke opinions and judgements of the lawfulnesse the justnesse of their warres and of all other necessarie defensive armes taken up by the Kingdomes generall assent for preservation of its Lawes Liberties and suppression of those Rebels and ill Councellors who fight against or labour to subvert them by their policies In the third yeare of King Edward the 2 d this king revoking his great Mynion Piers Gaveston newly banished by the Parliament into Ireland and admitting him into as great favour as before contrary to his oath and promise the Barrons hereupon by common consent sent the King word that he should banish Piers from his company according to his agreement or else they would certain●ly rise up against him as a perjured person Vpon which the King much terrified suffers Piers to abjure the Realme who returning againe soone after to the Court at Yorke where the king entertained him the Lords spirituall and temporall to preserve he liberties of the Church and Realme sent an honourable message to the King to deliver Piers into their hands or banish him for the preservation of the peace Treasure and weale of the Kingdome this wilfull King denies their just request whereupon the Lords thus contemned and deluded raised an army and march with all speede towards New-Castle NOT TO OFFER INIVRIE OR MOLESTATION TO THE KING but to apprehend Peirs and judge him according to Law upon this the King fleeth together with Peirs to Tinemouth and from thence to Scarborough Castle where Piers is forced to render himselfe to the Barrons who at Warwicke Castle without any legall triall by meere martiall Law beheaded him as a subvertor of the Lawes and an OPEN TRAITOR TO THE KINGDOME For which facts this King afterwards reprehending and accusing the Lords in Parliament in the 7 th yeare of his Raigne they stoutly answered THAT THEY HAD NOT OFFENDED IN ANY ONE POINT BVT DESERVED HIS ROYAL FAVOVR for they HAD NOT GATHERED FORCE AGAINST HIM though he were in Piers his company assisted countenanced and fled with him BVT AGAINST THE PVBLICKE ENEMIE OF THE REALME Whereupon there were two acts of oblivion passed by the King Lords and Commons assembled in that Parliament Printed in the 2 d Part of old Magna Charta The first that no person on the Kings part should be questioned molested impeached imprisoned and brought to judgement for causing Pierce to returne from Exile or harboring councelling or ayding hi●●ere after his returne The second on the Barons part in these words It is provided by the King and by the Archbishops Bishops Abbots Priors Earles Bar●s and Commons of the Realme assembled according to our Command and unanimously assented and accorded that none of what estate or condition soever he be shall in time to come be appealed or challenged for the apprehending deteining or death of Peirsde Gaveston nor shall for the said death be apprehended nor imprisoned impeached molested nor grieved nor judgement given against him by us nor by others at our suite nor at the suite of any other either in the Kings Court or elsewhere Which act the King by his Writ sent to the Judges of the Kings Bench commanding that this grant and concord shall be firme and stable in all its points and that every of them should be held and kept in perpetuitie to which end he commands them to cause this act to be there inrolled and firmely kept for ever A pregnant evidence that the Barons taking up Armes then against this Traytor and enemie of the Realme in pursuance of the Act and sentence of Parliament for his banishment though the King were in his company and assisted him all he might was then both by King and Parliament adjudged no Treason nor Rebellion at all in point of Law but a just honorable action Wherefore their taking up Armes is not mentioned in this Act of oblivion seeing they all held it just but their putting Piers to death without legall triall which in strictnesse of Law could not be justified Now whether this be not the Parliaments and kingdomes present case in point of Law who tooke up armes principally at first for defence of their owne Priviledges of Parliament and apprehention of delinquents who seducing the king withdrew him from the Parliament and caused him to raise an Army to shelter themselves under its power against the Parliament let every reasonable man determine and if it be so we see this ancient Act of Parliament resolves it to be no high Treason nor Rebellion nor offence against the King but a just lawfull act for the kings the kingdomes honour and safety Not long after this the two Spensers getting into the kings favour and seducing miscouncelling him as much as Gaveston did the Lords and Barrons hereupon in the 14 th and 15 th yeares of his raigne confederated
the King had entred my Land and so I did injurie to the King for which I ought to implore his mercie least others should take example thence to raise up Armes against the King I answer that I was not there in person and if any of my Family were thereby chance they invaded onely the Family of the King not the person of the King which yet if they had done it were no wonder seeing the king came with his Army into my Land that he might invade me and oppresse me by all the meanes he could which may appeare to all by the tenor of his Letters by which hee made a generall assembly throughout England against my Army And since the premises objected against mee are false and it is true that the King hath treated me worse since the time I expected his mercy then any time before and doth yet use the same Counsell as then and since he endeavours precisely to follow their Counsels in all things by whose advise I suffer all the premised grievances I ought not to prostitute my selfe to his mercy Neither would this be for the Kings honour that I should consent unto his will which is not grounded upon reason Yea I should doe an injury to him and to Iustice which he ought to use towards his Subjects and to maintaine And I should give an ill example to all by deserting Iustice and the prosecution of right for an erronious will against all Iustice and the injury of the Subjects For by this it would appeare that we loved our worldly possessions more then Iustice it selfe And whereas the Kings Counsellours object that wee have combined with the Kings capitall enemies namely the French Scots Welsh out of hatred and dammage to king and kingdome That of the French is altogether false and that of the Scots and Welsh too excepting the king of Scots and Leoline Prince of north-Northwales who were not the kings enemies but faithfull friends untill by injuries offered them by the King and his Counsell they were by coertion against their wills alienated from their fidelitie as I am And for this cause I am confederated with them that we may the better being united then separated regaine and defend our rights of which we are unjustly deprived and in a great part spoiled Whereas the Kings Counsell propose that I ought not to confide in my Confederates because the King without any great hurt to his Land can easily separate them from my friendship Of this I make no great doubt but by this the iniquity of his Counsellors doth most of all appeare that in some sort they would cause the King to sustaine losse by those whom he specially calls capitall enemies to injure mee who have alwaies beene his faithfull Subject whiles I remained with him and yet would be so if he would restore to me and my friends our right Whereas the said Counsellors say that the Pope and Church of Rome doe specially love the King and kingdome and will Excommunicate all his adversaries which thing is even at the dores because they have already sent for a Legate It pleaseth mee well said the Marshall because the more they love the King and Kingdome by so much the more will they desire that the King should treat his Realme and Subjects according to justice And I am well pleased they should excommunicate the adversaries of the Kingdome because they are those who give Counsell against Iustice whom workes will manifest because Iustice and Peace have kissed each other and because of this where Iustice is corrupted Peace is likewise violated Also I am pleased that a Legate is comming because the more discreet men shall heare our justice by so much the more vilely shall the adversaries of Iustice be confounded In which notable discourse we see the lawfullnesse of a necessary defensive Warre yeelded and justified both by the King his Counsell and the Earle Marshall as well against the King himselfe if he invade his Subjects first as any of his Forces who assist him After which the Marshall slew many of his Enemies by an Ambuscado while they thought to surprise him and wasted and spoiled their goods houses lands observing this generall laudable rule which they made to doe no hurt nor ill to any one but to the Kings evill Counsellors by whom they were banished whose goods houses woods Orchards they spoiled burnt and rooted up The King remaining at Glocester heard of these proceedings of the Marshall but his forces being too weake he durst not encounter him but retired to Winchester with Bishop Peter confounded with over much shame leaving that Country to be wasted by his adversaries where innumerable carcases of those there slaine lay naked and unburied in the wayes being food to the beasts and birds of prey a sad spectacle to passengers which so corrupted the ayre that it infected and killed many who were healthy Yet the Kings heart was so hardned by the wicked councell he followed against the Marshall that the Bishops admonishing him to make peace with him WHO FOVGHT FOR IVSTISE he answered that he would never make peace with him unlesse comming with an halter about his necke and acknowledging himselfe to be a Traytor he would implore his mercy The Marshall both in England and Ireland professed that he was no Traytor that his warre being but defensive was just immutabiliter affirmant quod li●uit sibi de jure quod suum crat repetere posse Regis Consiliorum suorum modis omnibus quibus poterat infirmare William Rishanger in his continuation of Matthew Paris speaking of the death of Simon Monfort Earle of Leycester slaine in the Battle of Ev●sham the greatest Pillar of the Barrons warres useth this expression Thus this magnificent Earle Symon ended his labors who not onely bestowed his estate but his person also for releiefe of the oppression of the poore for the asserting of Iustice and the right of the Realme he was commendably skilfull in learning a dayly frequenter of divine Offices constant in word severe in countenance most confiding in the prayers of Religious persons alwayes very respectfull to Ecclesiasticall persons He earnestly adheared to Robert Grosthead Bishop of Lincolne and committed his children to his education By his advise he handled difficult things attempted doubtfull things concluded things begun specially such things whereby he thought he might gaine desert Which Bishop was said to have enjoyned him as he would obtaine remission of his sinnes that he should undertake this cause for which he contended even unto death affirming that the peace of the Church of England could never be established but by them materiall sword and constantly averring THAT ALL WHO DIED FOR IT WERE CROWNED WITH MARTYRDOME Some say that this Bishop on a time laying his hand on the head of the Earles eldest sonne said unto him O most deare sonne thou and thy father shall both dye on one day and with one hand of death YET FOR JUSTICE AND TRVTH Fame
to be of God by way of permission and of Ordination too in reference to the peoples punishment Job 34. 30. Hos 13. 11. 1 Sam. 8. 18. In these regards common to all other Governours and lawfull Governments as well as Kings and Monarchies Kings and Kingly Authority are and may be said to be of God and Gods Ordinance yet not immediately or properly in the first acception here refuted but so as that still they are really the institutions and ordinances of men of humane not divine right and authority As for the objected Scriptures to prove Kings jure Divino as Prov. 8. 15. By me Kings Reigne c. Ergo they are of immediate divine institution and have all their authority from God not from the people and may in no case be resisted censured deposed or put to death for any misdemeanours the consequences thence inferred I answer First That this Text speakes onely of the promotion or Reigne of Kings not of the erections and power of Monarchies and so doe Daniel 2. 21. c. 4. 17. 25. c. 5. 26. 28. with the other objected Scriptures Secondly If it be meant of the rule of Kings then true it is that good Kings Reigne by Gods direction according to his word executing justice and judgement as he enjoynes them But then it is not true of wicked Kings and Tyrants who though they Reigne by Gods Providence or permission yet they rule not by his word and will as he prescribes them Thirdly If it be meant of the meanes and manner of Kings comming to their Kingdomes as I conceive it is and the Texts of Daniel perswade True it is first That some Kings Reigned and came to the Crowne by Gods immediate nomination and designation as Saul David Solomon Jeroboam Jehu and Hazael did But that all or most did heretofore or now doe so especially in Pagan Kingdomes is a notorious falshood Secondly it is true That most lawfull Kings in hereditary or elective Kingdomes come to their Crownes and Reigne though not by Gods immediate nomination yet by his ordinary or speciall providence though it be untrue of Vsurpers and Tyrants who come to Reigne by Treason Murther or other unlawfull meanes and so by Gods permission onely rather than his providence and then the sense of the place is but this That Kings receive their Crownes and Reigne by Gods generall or more speciall providence Which I thinke is the full and proper sense of the place In this sense C. Plinius Secundus a heathen in his admirable Panegyrio to the Emperour Trajan a Pagan Rhetorizeth thus of him Quid enim praestabilius est aut pulchrius munus Deorum quam castus sanctus Diis simillimus Princeps Ac si adhuc dubium fuisset sorte casuque Rectores terris an aliquo numine darentur Principem tamen nostrum liqueret DIVINITUS CONSTITUTUM Non enim occulta potestate fatorum sed ab Jove ipso coram ac palam repertus electus est c. Which Tertullian thus seconds speaking even of the Roman Pagan Emperours Inde est Imperator unde homo antequam Imperator inde Potestas ei unde spiritus Per Deum tantus est So Irenaeus Cujus jussu homines nascuntur hujus jussu Reges constituuntur And Diodorus Siculus of the AEgyptians Existimant non SINE DIVINA QUADAM PROVIDENTIA pervenisse ad summam de omnibus Potestatem So the Esses hold this opinion Non obtingit cuiquam Imperium sine Dei cura speciali So Vitigis Omnis provectus maxime Regius ad Divinitatis munera referendus est and Clemens Romanus too Regem timeto sciens Domini esse electionem Which Grotius de Jure Belli l. 1. c. 3. sect 8. confirmes with other Authorities all concurring in this That Kings and Emperours are such onely by the selfe-same PROVIDENCE OF GOD by which they were men before they were Emperours which gives them no greater Prerogative in respect of irresistibility in unjust exorbitant actions then their being men by the selfe-same providence of God gave them before they were Emperours as Tertullians words most clearely prove But what priviledge this alone should yeeld to Kings more than to any other Magistrates Men or Beasts for my part I cannot yet discerne For doth not the same Text say of Nobles Princes Judges as well as of Kings Prov. 8. 15 16. By me Princes put as contradistinct to Kings decree justice By me Princes Rule AND NOBLES YEA ALL JUDGES OF THE EARTH Doth not David say of all kinde of Promotions whatsoever Psal 113. 7 8. The Lord raiseth the poore out of the dust and lifeteth the needy out of the dunghill that he may set him with Princes even with the Princes of his people And Psal 75. 5 6. Promotion commeth neither from the East nor from the South but God is the Judge he putteth downe one and setteth up another Nay doth not Christ informe us That the very haires of our head are all numbred That two sparrowes are sold for a farthing and yet one of them shall not fall on the ground without our Fathers providence Yea doth not every man yea every Bird Beast Fish Raven and living creature whatsoever as the Scripture expressely resolves receive enjoy their Lives Honours Offices Estates food rayment being preservation by Gods generall and speciall providence as well as Kings their Crownes Honours Lives Estates And is not the providence yea are not the very Angels of God who are all ministring spirits sent forth to minister to them who shal be heirs of salvation as vigilant over every pious Christian though never so mean despicable as over the greatest Monarch in the world If so as all men must necessarily acknowledge there being no respect at all of persons with God who accepts not the persons of Princes regards the rich no more then the poor for they are all the work of his hands then kings reigning by the Providence of God can of it self no more exempt them from resistance censures deprivations for their detestable publike crimes then it exempts any other Nobles Princes Iudges Magistrates Christians or the meanest subiects whatsoever which I shall make good by one more unanswerable demonstration There is not one of our Antagonists but will acknowledge that Priests under the Law and all Ministers under the Gospell if rightly qualified are not made only such by Gods speciall Providence but likewise by Divine institution from God himself Nay Tollet Willet and many others on this very Text of the Romanes make a difference between the civill and Ecclesiasticall Regiment and Powers for the first say they is so from God that yet the institution thereof may be devised and altered by man and therefore Peter calls it the Ordinance of man but the spirituall Power is immediatelly instituted by God and no wayes alterable or determinable by man And therefore the Apostle saith Ephes 4. 11. He gave
poenitentia pium quam imperto scoelest●●m 〈…〉 confessus A memorable story of a zealous stout Prelate and of a pen●tent submissive wild Prince I shall only adde to this some few domestick president● of our Welch Kings Teudur king of Brecknock for his periury and murther of Elgisti● another King of that Countrey was solemnly excommunicated by Gurcan the 10. Bishop of Landaffe and his Clergy in a Synod assembled for this purpose by uncovering the Altars casting the Crosses and Reliques on the ground and depriving him 〈◊〉 Christian communion Whereupon Toudur unable to undergoe this malediction and rigorous iustice with a contrite heart and many teares powred forth craved pardon of his crimes and submitted himselfe to the penance imposed on him according to his quality and greatnesse King Clotri slaying Iuguallaun treacherously contrary to his League and Oath Berthgwin the 14. Bishop of Landaffe hearing thereof assembled a Synod of his Clergy at Landaffe and solemnly excommunicated the King with all his Progeny and Kingdom by uncovering the Altars casting down the Crosses on the earth and depriving the Countrey both of Baptisme and the Euch●rist Whereupon the King unable to endure so great an excommunication with great deiection submitted himselfe to the Bishop and leaving his Kingdom went on pilgrimage into forraign parts for a long space after which returning by the intercession of king Morcant he obtained absolution from the Bishop to whose enioyned penance he submitted himself conferring divers Lands upon the Church And in another Synod at Landaffe under this Bishop King Gurcan for living incestuously with his Mother-in-law was solemnly excommunicated in form aforesaid whereupon he craved pardon resolved to put away his Mother-in-law promised satisfaction by K. Iudhail his Intercessor upon which he was absolved upon promise of amendment of life with fasting prayer and almes after which he bestowed divers Lands on the Church Houell king of Gleuissig contrary to his Oath League trecherously circumverring and slaying Gallun hereupon Cerenlyir the 18. Bishop of Landaffe calling a Synod solemnly excommunicated him by laying all the crosses on the ground overturning the Bells taking the Reliques from the Altar and casting them on the ground depriving him of all Christian communion under which excommunication he remained almost a whole yeers space After which this king came bare-foot to the Bishop imploring his absolution from this sentence with many teares which he obtained after publke penance enoyned Not long after the same Bishop and his Clergy in another Synod for the like crime in the self-same former excommunicated Ili sonne of Conblus till he came bare-footed with teares and prayed absolution which upon performance of enjoyned penance promise of future reformation with prayers fasting almes and the setling of some Lands on the Church was granted him by the Bishop So Loumarch son of Cargnocaun was in a full Synod excommunicated by Gulfrid the 20. Bishop of this See for violating the patrimony of the Church and king Brochuail with his family convented before a Synode threatned Excommunication enjoyned Penance and satisfaction by the Synode for some injuries offered to to Ciueilliauc the two and twentieth Bishop of Landaffe Mauric King of of Glamorgan was excommunicated by Ioseph the eigth and twentieth Bishop of Landaffe for treacherously putting out the eyes of Etguin during the truce between them After which he was again publikely excommunicated in a Synode for violating the Sanctuarie of the Church of Landaffe and hurting some of this Bishops servants and not absolved till he made his submission and did his Penance and gave some lands to the Church for satisfaction of these offence Thus Calgucam King of Morganauc and his whole family were solemnly excommunicated by Her●wald the nine and twentieth Bishop of Landaffe in a Synod of all his Clergy onely because one of the Kings followers being drunk laid violent hands upon Bathutis the Bishops Physitian and Kinsman on Christmas day Anno 1056. Whereupon all the Crosses and Reliques were cast to the ground the Bells overturned the Church doors stopped up with thorns so as they continued without a Pastor and Divine Service day and night for a long season till the King though innocent submitted himself to the Bishop and to obtain his absolution gave Henringuinna to him and his Successors for ever free from all secular and royall services in the presence of all the Clergie and people So Richard the tenth Bishop of Bangor excommunicated David ap Lhewelin Prince of Wales for detaining his brother Griffith prisoner contrarie to his Oath repairing to him upon the Bishops word for his safe return who never left vexing him till he had delivered him up to to the King of Englands hands Many such presidents of Prelates censuring and excommunicating their Kings occur in Storie which for brevity I pretermit onely ' I shall inform you that Iohn Stratford Archbishop of Canterbury in the 14. year of K. Edw. 3 contesting with this King and excommunicating divers of his followers and all the infringers of the Churches Liberties presumed to write thus unto his Soveraign There are two things by which the world is principally governed The sacred Pontificall authority and the royall power of which the Priesthood is by so much the more weighty ponderous and sublim● by how much they are to give an account of kings themselves at the Divine audit And therefore the kings Majesty ought to know that you ought to depend on their judgement not they to be regulated according to your will For who doubteth that the priests of Christ are accounted the FATHERS AND MASTERS of Kings Princes and all faithfull Christians Is it not known to be apart of miserable madnesse if the son should endeavour to subjugate the Father the servant the master to himself The Canonicall authority of Scriptures testifieth that diver Pontiffs have excommunicated some of them Kings others Emperours And if you require somewhat in speciall of the persons of Princes Saint Innocent smote the Emperour Archadius with the sword of excommunication because he consented that Saint John Chrysostom should be violently expelled from his See Likewise Saint Ambrose Archbishop of Millain for afault which seemednot so hainous to other priests excommunicated the Emperour Theodosius the great From which sentence having first given condigne satisfation he afterwards deserved to be absolved and many such like examples may be alleaged both more certain for time and nearer for place Therefore no Bishops whatsoever neither may nor ought to be punished by the secular Power if they chance to offend through humane frailtie For it is the duty of a good and religious Prince to honour the Priests of God and defend them with greatest reverence in imitation of the Pious Prince of most happy memory Constantine saying when the cause of Priests was brought before him You cannot be iudged by any to wit of the secular judges who are reserved to the iudgement of God alone according
then so dangerous that THE VERY FORCE OF CONSCIENCE AND NECESSITY DID LEAD THEM TO ARMS and to make a League to defend themselves THOVGH CAESAR OR ANY IN HIS NAME WOVLD MAKE WAR AGAINST THEM That if the Emperour had kept his bonds and Covenants they would have done their duties but because he began first to make the breach the fault is his For since he attempteth to root out Religion and subvert our Libertie he giveth us cause enough TO RESIST HIM WITH GOOD CONSCIENE The matter standing as it doth we may resist him as may be shewed by Sacred and prophane Stories Vnjust violence is not Gods Ordinance neither are we bound to him by any other reason then if he keep the conditions on which he was created Emperour BY THE LAWS THE MSELVES IT IS PROVIDED that the inferiour Magistrate shall not infringe the right of the Superiour and so likewise if the superiour Magistrate exceed the limits of his power and command that which is wicked not onely we need not obey him BVT IF HE OFFER FORCE WE MAY RESIST HIM So they in point of Law and Conscience then publikely resolved Secondly that the French Protestants and others in the reign of King Francis the second Anno 1559. being much oppressed by the Guisian faction who had got the K. into their power and wholly swayed him as his Maj. ill Councellors sway him now there upon assembling together to consult of some just defence to preserve the just and ancient government of the Realm They demaunded advice TOVCHING LAW AND CONSCIENCE OF MANY LEARNED LAWYERS AND DIVINES who resolved THAT THEY MIGHT LAWFVLLY oppose themselvs against the Government which the House of Guise had usurped and AT NEED TAKE ARMS TO REPVLSE THEIR VIOLENCE so as the Princes who in this case are born Magistrates or some one of them would undertake it being ordered by the States of the Realm or by the sounder part of them That defence of Religion and Liberties against violence and oppression were iust causes of Warre Et quod pia arma ea sint ultra quae nulla restat spesvitae nec salutis A like resolution and determination was mado by the chief Dukes Peers Nobles and Officers of France Anno 1614. which you may read in the Appendix Thirdly that the Angrognians and Waldensian Protestants of Lucerne and Piedment in the year 1558. to 1561 being persecuted by the Lord of Trinitie and their Popish Soveraigns assembling solemnly together to consult how to prevent the great dangers then at hand after long prayer and calling upon God for his grace and Spirit of direction and Counsell well to manage their weighty affairs and to preserve themselves and the Protestant Religion professed by them concluded in the end to enter into a solemn mutuall Covenant and to ioyn in a League together for defence of themselves and their Religion whereupon they all promised by Gods grace and assistance to maintain the pure preaching of the Gospell and administration of the Sacraments and one to ayd and assist the other c. which they did with good successe obtaining many glorious victories against invading persecuting enemies The like did Zisca the Thahorites and Bohemians heretofore and of later times as the Maginall Authors largely relate resolving it iust and lawfull for them in Law and Conscience to defend themselves and their Religion by force of Arms against their persecuting Soveraignes Fourthly that the Netherland Provinces being oppressed in their Bodies Estates by the Duke of Alua and Spanyards Tyrannie and in their Religion and Consciences by the introduced Irquisition to extirpate Religion did after serious deliberation and consultation with learned men of all sorts unanimously conclude and enter into a solemn Covenant to defend their Libities Religion Laws by force of Arms against the Spanish Tyrannie as you may read at large in their Histories And in the year 1572. The Prince of Orange and his Confederates having levyed a goodly Army to relieve Mons besieged by the Duke of Alua caused this notable Protestation to be printed and published to the World as well in his own name as in his Confederates giving a reason of the Arms which he had taken up as followeth Wee William by the Grace of God Prince of Orange Earle of Nassau c. To all Noble-men Knights Gentlemen and others of what quality soever of these Netherlands which desire the Liberty thereof being miserably tyrannized and oppressed by the Duke of Alva the Spaniards and other their friends TRAYTORS AND MVRTHERERS OF THEIR OWN COVNTREY We declare that everyone of us for a particular love and zeale he beares unto his Countrey and for the glory of God which we desire above all have often sought by all meanes the good and quiet of the Countrey as well by Petitions and other mild meanes as by force of Armes thinking to draw those that were as we are to doe the like sometimes by sighes and prayers unto God having had patience untill that it should please him to mollifie the hearts of the said Tyrants but in the end solicited and called generally and particularly by the inhabitants of the said Countrey by reason of the inhumanities and oppressions We have in the Name of God ACCORDING TO OVR CONSCIENCES TAKEN ARMES protesting before God and his Angels and before all Men present and to come that we have not been moved hereunto by any private passion but with an ardent desire which we have to oppose our selves against this more then barbarous and unsupportable tyranny to the Proclamations Edicts taxes Imposts and charges of the hundreth thirtieth twentieth and tenth penny imposed by the insatiable covetousnesse of the Duke of Alva against the Lawes Liberties Freedomes and ancient Priviledges of the said countrey which Lawes Liberties freedomes and ancient priviledges we mean by the grace of God to restore unto the said countrey holding it under the obedience of their Prince and naturall Lord as we are bound to do affirming and maintaining that all Princes and Noblemen Gentlemen Commonweales or others of what quality soever be they strangers or home-bred that have been moved to give us aide or assistance IN THIS SO IVST AN ENTERPRISE have not don it for any other intent but for true piety and compassion which they have with us of the said miseries and calamities Wherefore we pray and entreat every one both in generall and particular to assure themselves that we intend not to doe wrong to any man nor to attempt upon the good estates or honour of any of what quality soever were he of the Clergy but are ready to aid and assist every one freely and willingly as for his liberty EVERY ONE IS BOVND TO SVCCOR VS BY ALL DVE AND POSSIBLE MEANES In the mean time we will give order that God and the countrey may be served in procuring the preservation of the people and the defence of their houses wives and children Praying to God that he