WHereas, by the Lawes of this Land, the Ordering and Govern­ing of the Militia of the Kingdom, for the preventing and suppression of all Invasi­ons and Rebellions, hath (as a most known and undoubted Right and Prero­gative) belonged in all time solely to Our Self and Our Progenitors, Kings of England. And accordingly We have heretofore awarded Commissions of Lieu­tenancy into the severall Counties of this Our Realm, for the governing and exercising of the Souldiorie and Trained Bands there, like as Queen Elizabeth and Our dear Father, both of happy memorie, had done before Vs. And therein (amongst other things) gave power to the Commissioners in each Countie, to Leavie, call together, Arm, Array, Train, and Muster our Subjects inhabit­ing in the said severall Counties, and to Conduct and lead them against all Our Enemies, and all Rebels and Traitors from time to time, as often as need should require.

All which Commissions (although We did, since the beginning of this Parliament, grant the like for the Coun­ty of York, to the now Earl of Essex, with the privitie of both Our Houses of Parliament, and without excep­tion from either) have, without hearing any of Our Councell learned, been since Voted in Our said Houses of Parliament to be illegall and void; the reason whereof We have not yet been informed of, nor can imagine: For that neither any illegall Clause (if any such be) in those Commissions, nor any excesse or abuse of their Authority, by any Lieutenants or their Deputies, in raising of moneys, taxing of the inhabitants, or otherwise could, by Law, make void any such Powers as in themselves were lawfull to be granted and put in execution.

And whereas, in cases of danger and necessity, it had been more sutable to the condition of the times, and the good liking of Our Subjects (who cannot be well pleased with any new wayes, how specious soever) that Our Houses of Parliament should have taken Order that Our Commissions of Lieutenancie (the Course whereof had so long continued) should, for the present, have been put in execution, at leastwise such part thereof as was undeniably and unquestionably legall, and was sufficient for the purposes before mentioned, or that (according to the like Presidents in former times) they would have desired Vs to have granted new Commissions of that nature, omitting such clauses as might justly have been excepted against, which We would not have denied, and not to have called in so suddenly for those Commissions to be cancelled, as was done (though We know not by what Law) in Our House of Peers. Yet notwithstanding, Our two Houses of Parliament, in stead of such Our Commissions, under pretence of evident and imminent danger, and urgent and inevitable necessity of putting Our Subjects into a Posture of Defence, have made a late Or­derfor the setling of the Militia, under the name of an Ordinance (which two or three severall times had been refused by the major part of Peers) and being made, not only without, but against Our Consent (the rea­sons whereof are sufficiently known to all Our Subjects) is not onely without any one warrantable President of former times (as we beleeve) but (as We are well assured) void in Law.

Wherefore, out of the care which We have of Our people, lest under the pretence of danger, necessi­ty, and want of Authoritie from Vs to put them into a Militarie Posture, they should be drawn and ingaged in [Page] [Page] [Page]any opposition against Vs or Our just Authoritie; and that they may know they are by Vs otherwise [...] for & secured against all just causes of Feares and Dangers, and from any Force in a legall way for We [...] ved to rule & govern, Our Subjects according to Our known Laws onely) We have thought fit, for the [...] hereby thus timely to publish and declare, That We have awarded into the severall Counties of Our [...]g­dom of England and Dominion of Wales, Our severall Commissions of Array; thereby giving power to seve­rall Persons of Honour, Reputation and Estate in the said Counties, for the safetie and defence of Vs, Our Kingdom, and Our good Subjects from time to time, as it shall be needfull to Array, Train, Arm, and Muster Our Subjects inhabiting in the said Counties, and in case of imminent danger to conduct and lead them for the destruction of Our Enemies, and in the defence of their Countrey and the Kingdom.

Which power of granting Commissions for the defence of Vs and Our Kingdoms, as it is inherent in Vs, and inseparable from Our Crown, so it hath been warranted by Presidents of the like Commissions in all Ages, both before and since the grant of the great Charter by King Henry the third, down to the very time that Com­missions of Lieutenancie were granted, and was agreeed to be legall even by the two learned Iudges, Sir George Crook, and Sir Richard Hutton, (amongst all the rest) in their Arguments, which concluded on the Subjects part in Our Exchequer-Chamber in Master Hampdens Case, as by the same (now since printed) may appear, to­gether with divers particular Records in severall Ages therein mentioned, to which many more may be ad­ded.

And in these Our Commissions, to prevent all manner of Exception, We have, in the powers given to Our Commissioners, in all points followed that Commission of Array, which was agreed upon by the King and both Houses of Parliament, after conference with the Iudges of the Realm, in the fifth yeer of King Henry the fourth, and was done upon the desire of the Commons, to have some alterations from former Com­missions in certain overstrict Clauses, whereunto neverthelesse no exception was taken for the legalitie, but the Kings Assent acknowledged as an Act of great Grace, as appeareth by the Parliament Rolls of that yeer. Since which time Commissions of Array have frequently issued for prevention of danger, either of Enemies abroad or at home (in both which respects Our Houses of Parliament have voted this Kingdom to be in dan­ger) the same being indeed the old ordinary way for the preservation of the King and Kingdom, who must not delay their preparation till such danger break forth into Action, and so perhaps prove too late. And these Commissions of Array were not discontinued, till by reason of the Commissions of Lieutenancie (which in substance contained the powers given by those Commissions of Array) they came to be of little use.

And, whereas by the Statute of the fourth and fifth yeers of the Reign of Philip and Mary King and Queen of England, it is enacted, That if any person or persons that shall be commanded generally or specially to Muster afore any such as shall have Authority or Commandment for the same, by, or from the King, or by any Lieutenant, Warden, or other person or persons authorized for the same, do willingly absent him or themselves from the same M [...]sters, having no true and reasonable excuse of Sicknesse, or other lawfull Im­pediment, or at their apparence at such Musters, do not bring with them such their best Furniture, or Array and Armour, as he or they shall then have for his or their own person in readinesse, that such person or per­sons shall, for every such default and offence, incur such penalties, and to be inflicted in such manner as by the said Statute are limited. Which Statute is in full force.

We do therefore, by this Our Proclamation, expresly charge and command all Our Sheriffs, Iustices of Peace, Majors, Bailiffs, Constables, and all other Our Officers, and other Our loving Subjects of Our severall Counties of England, and Dominion of Wales respectively, That they be attending, aiding, assisting, counselling, and at the commandment of the said Commissioners of Our severall Counties respectively in the execution of their Commissions, as they will answer the contrary at their utmost perils.

And Although We can nothing doubt that any of Our loving Subjects s [...]all or will oppose or hinder Our said Commissioners in the Execution of their said Commissions, by putting in Execution any Power to [...]ch­ing the Militia, not Warranted by Our Authority, or otherwise disturbing Our said Commissioners in Execu­tion of Our Service, considering the extreme danger wherein such Act may, upon the severall Circumstan­ces, by the strict construction of Law involve them: Yet, lest any ill-affected Persons, too far presuming upon Our Clemencie, and in hope of impunitie or pardon, should dare to offend Vs and Our Laws, contrary to this Our Proclamation; We do hereby declare to all Our Subjects, That whosoever shall, after this Our Proclamation published, do any thing in opposition of Our Commissioners, by disobeying their Commands, according to Law, or putting in Execution any other Command concerning the Militia of Our Kingdom, con­trary to Law, We shall account them unworthy of Our Grace and Mercy, and such as must expect, that Iu­stice (how penall or capitall soever it be) shall be done upon them according to their demerits.

Given at Our Court at York the twentieth day of June, in the eighteenth yeer of Our Reign. 1642.