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A79035 By the King. A proclamation to inform all our loving subjects of the lawfulnesse of our commissions of Array, issued into the severall counties of our realm of England, and dominion of Wales, and of the use of them and commanding them to obey our commissioners therein named, in the execution of their said commissions. England and Wales. Sovereign (1625-1649 : Charles I); Charles I, King of England, 1600-1649. 1642 (1642) Wing C2703; Thomason 669.f.5[47]; ESTC R210834 3,232 1

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C R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE ❧ By the King A Proclamation to inform all Our loving Subjects of the Lawfulnesse of Our Commissions of Array issued into the severall Counties of Our Realm of England and Dominion of Wales and of the use of them And commanding them to obey Our Commissioners therein named in the Execution of their said Commissions WHereas by the Laws 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 times solely to Our Self and Our Progenitors Kings of England And accordingly we have heretofore awarded Commissions of Lieutenancie into the severall Counties of this Our Realm for the governing and exercising of the Souldiory and Trained Bands there like as Queen Elizabeth and Our dear Father both of happy memory had done before Us And therein amongst other things gave power to the Commissioners in each County to Levie 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 privity 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 case 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 ●●●e taken Order that Our Commissions of Lieutenancie the Course whereof had so long continued should for the present have been put in execution at least wise such part thereof as was undeniably and unquestionably legall and was sufficent for the purposes before mentioned or that according to the like Presidents in former times they would have desired Us 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 Order for 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 onely 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 Authority from Us to put them into a Military Posture they should be drawn and ingaged in any opposition against Us or Our just Authority and that they may know they are by Us otherwise provided for and secured against all just causes of Fears and Dangers from any Force in a legall way for We are resolved to rule and govern Our Subjects according to Our known Laws onely We have thought fit for the present hereby thus timely to publish and declare That We have awarded into the severall Counties of Our Kingdom 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 safety and defence of Us 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 Us and Our Kingdom as it is inherent in Us 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 agreed to be legall even by the two learned Judges 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 Judges 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 authorised for the same do willingly absent him or themselves from the same Musters 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 Justices 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 shall or will oppose or hinder Our said Commissioners in the Execution of their said Commissions by putting in Execution any Power touching the Militia not warranted by Our Authoritie or otherwise disturbing Our said Commissioners in Execution of Our Service considering the extreame danger wherein such Act may upon the severall Circumstances by the strict construction of the Law involve them Yet lest any ill-affected Persons too far presuming upon Our Clemency and in hope of impunity or pardon should dare to off●nd Us 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 justice 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. Imprinted first at York and now Reprinted at London 1642.