A DECLARATION published BY SIR THOMAS MIDDLETON Knight, sergeant-major-general, and vice-admiral for the six Counties of NORTH-WALES. Setting forth the illegality and Inc●●●ruity of a pernicious Oath and Protestation, imposed upon 〈◊〉 peaceable Subjects within the said Counties (who to avoid ●●ndering or Imprisonment) were enforced to take the same, whereby the Imposers of the said Oath endeavour under pain of perjury, to make the people to renounce their own just liberties, and the benefit and protection of the known laws, and to sub●it to a tyrannical, Arbitrary, and slavish government, exercised by the Commissioners of Array. AND LIKEWISE, Setting forth the use and intentions of the Forces raised for the Service of the King and Parliament, under the Command of the said Sir Thomas Middleton, the benefit that the Country shall receive by their Protection: And what they are to expect that contemn their Power. LONDON, Printed for Io. Thomas, 1644. A Declaration published by Sir Thomas Middleton Knight, sergeant-major-general, and vice-admiral for the six Counties of North-Wales. Whereas according to an Act of council of War holden at Salop the two and twentieth of July, 1643. a certain Oath and Protestation contrived by the said council, is published in Print, and imposed upon many of His majesty's peaceable Subjects within the several Counties of North-Wales, Worcester and Salop; the tenor whereof followeth in these words: viz. I A. B. do from my heart, without any equivocation, or mental reservation, vow, protest, and swear in the presence of Almighty God, that I will to the utmost of my power maintain and defend the true Protestant Religion established in the Church of England, the King's majesty's Sacred Person, His heirs and lawful successors, His majesty's just Power and Prerogative, and the just privileges of Parliament: And that I do believe that the Forces raised by Order of either, or both Houses of Parliament, under the conduct of the Earl of Essex, Sir William Brereton, Sir Tho. Middleton, or any other person or persons, pretending Authority from either, or both the said Houses, or from the said Earl of Essex, or from any other whatsoever without His majesty's Command, and against His Consent, are traitorously and Rebelliously raised against His Majesty, and His loyal Subjects, and the known laws of this kingdom. And that I shall endeavour with the hazard of my life and fortune, not only to oppose and resist the said Earl of Essex, Sir William Brereton, Sir Thomas Middleton, their forces and adherents, and all other person or persons whomsoever that pretend or derive Authority from either, or both Houses, or from the said Earl of Essex, or from any other person or persons without His majesty's Commander Consent, but also shall and will as far as I am able, aid, and assist the King's Majesty, and His Forces against the said Earl of Essex, Sir William Brereton, Sir Thomas Middleton, their Forces and adherents, and against all other traitors and Rebels now in Arms against His Majesty and His loyal Subjects, and the Peace and laws of this kingdom. And I do vow, protest and swear in the Presence of Almighty God, That I have not, nor at any time hereafter will take or shall conceal the name or names of any person or persons which I now know, or hereafter shall discover to have taken that detestable Declaration, Vow, or Covenant, lately published and imposed upon His majesty's Subjects by Authority of one or both Houses of Parliament, setting forth, and as much as in them lieth, justifying the Forces raised and continued by both Houses of Parliament against the Forces raised by the King's Majesty, without the consent of the said Houses; and whereby His majesty's Subjects by and under the tye and obligation of the said Vow and Covenant; do declare, vow and covenant before Almighty God to give assistance to the said forces so raised without His majesty's consent, and do by the said Declaration vow, declare, and covenant, not to assist the Forces raised by His Majesty. And lastly, I will not directly nor indirectly divulge nor communicate, nor consent that any other shall divulge or communicate to the said Earl of Essex, Sir William Brereton, Sir Thomas Middleton, or any other Forces or adherents, any thing or matter that may hinder or prejudice His Majesty or any of His Forces in His courses or designs, or otherwise further or advance the said Earl of Essex, Sir William Brereton, Sir Thomas Middleton, or any of them, or any of their adherents, in their treasonable ways or designs, as God shall help me, and the contents of this book. At a council of War holden at Salop. Present, the parties here undernamed. IT is ordered that this Protestation be forthwith Printed, and to be sent to the Justices of Peace of the nine Counties under the Lord Capulets command, and the Franchises thereof, and to the Commissioners of Array to be taken by them, and to be by them commended to the rural Deans to be by them sent to the Clergy, and by them to be taken, and by them to be tendered to all Parishioners of the age of sixteen years and upwards, and to take the names of all who shall take the same, and of them who refuse, to be severally and distinctly returned of the Justices of Peace, and Commissioners of Array, and by them to be returned to the Lord Lieutenant general, Arthur Capel. Francis Oteley. Thomas Hanmer. Paul Harris. John Weld. Thomas Powel. John man's. Thomas Scriven. Michael Woodhouse, Roger Owen. Arthur Trevor. Dudley Wyett. Rowland Vaughan; Which Oath is not only contrary to the known laws of this Realm and Liberties of the Subjects, but also contrary to itself in the whole substance thereof, laying an impossibility upon the takers thereof, of performing the same, as may appear by these ensuing Observations. First, They swear to defend and maintain the true Protestant Religion to the utmost of their power, and they swear to aid and assist His majesty's Forces (consisting of all the English Papists, and many Irish rebels) against the Parliaments Forces, who consist all of Protestants, and are merely raised for the defence of the Protestant Religion, and to suppress those Papists and their adherents, who endeavour to destroy the same in this, and the kingdom of Ireland, and are the most opposite enemies thereto of any people that profess Christianity. Secondly, They swear to maintain His majesty's just Power and prerogatives: And they swear to oppose all persons that derive any Authority from both Houses of Parliament, without His majesty's command or consent: If the Contrivers of the Oath do mean His majesty's royal and regal Command or Consent, the Houses of Parliament have that to warrant all their Actions and Proceedings, as well as all other Courts of Justice have, where His majesty's Name and Command is always used of course, as a branch of the Kingly Office inseparably annexed to the Power and Jurisdiction of every Court, as appears by all ordinary process, and to say that any Court wants that, is to deny that Court a being: But if it be meant His personal command or consent (or rather the will of some prevalent Popishly affected persons wresting from Him Commands contrary to the Resolutions of His Parliament) such Commands are inconsistent with, and destructive to His regal Office, and consequently contrary to His just Power and Prerogatives, because it opposeth His royal Commands (signified by the highest Court of justice) wherein His majesty's regal Power and sovereign Authority doth always reside. Thirdly, They swear to maintain the just privileges of Parliament, and they swear to assist the Papists now in Arms in His majesty's Army, contrary to several Acts of Parliament, it being the highest breach of the privileges of Parliament to have their Acts contemptuously violated (the Court sitting) in mere opposition to their Power. So that whosoever takes that Oath, with an intent to keep the same, must believe: First, That the English and Irish Papists (who are in arms and have places of eminent Command in His majesty's Army, and have within less than two years' time almost quite destroyed the Protestants and their Religion in the kingdom of Ireland) do now fight for, and endeavour to maintain the true Protestant Religion. Secondly, They must believe, that such personal Commands are wrested from His Majesty by private favourites, are to be actually obeyed before and against his royal commands and regal Authority signified by his Courts of Justice: and that his majesty's just Power and Prerogatives are not resident in his Courts, but in the breasts of His Favourites. Thirdly, they must believe, that to set in open defiance several Acts of Parliament made against Papists bearing of Arms (the Parliament sitting) in contempt of their Authority, is no breach of the privileges of Parliament. And lastly, They must swear, that they do believe, that all the Members of both Houses of Parliament, (for endeavouring to put those laws in execution, and to preserve themselves and the kingdom from the power of the Popish Armies) are Traitors. For if the Forces raised by them for that purpose, are traitorously raised, it follows, that they that raised them are Traitors. By which Oath and Protestation, the said council of War do purposely decline to make the people swear to maintain the known Laws, and their own just Liberties; and do endeavour to engage them upon pain of perjury, to renounce their liberties, and the benefit and protection of the known Laws, and to subject themselves to such a condition of slavery as the unlimited and arbitrary wills of the Commissioners of Array would put them into, who have already so far exercised their illegal power over them, that the whole Country do groan under the burden of their grievances, as the many heavy and cruel taxations, the imprisoning of men's persons, the pressing of men for the Wars without Authority of Parliament, and the countenancing of Robberies under a new name of plundering. The consideration of which Grievances and pressures, and the ill consequences of the said Oath, if not timely prevented, have occasioned this ensuing Declaration to undeceive the people. FIrst, That the said Oath is unjust, deceitful, and impossible to be performed, and the people enforced to take the same for fear of plundering or imprisonment: So it binds not the Conscience of any man to keep it; but on the contrary, he that endeavours to keep an unjust Oath, persisteth in sin. Secondly, That the Forces raised by Authority of Parliament, under the Command of Sir Thomas Middleton Knight, are neither traitorously not Rebelliously raised, but have His majesty's royal Authority for their warrant. Thirdly, That the said Forces are raised for the preservation of the true Protestant Religion, His majesty's person, just Power and Prerogative, the just privileges of Parliament, the just Liberties of the Subject, and the known Laws of this kingdom; against those Armies of Papists and Delinquents within this kingdom, who (pretending His majesty's personal Commands, as the Rebels in Ireland do, to countenance their Rebellion) endeavour to destroy the very constitution and being of Parliaments, and therein His majesty's royal Authority and the Laws of the realm, to the end they might avoid the justice of that supreme Court. And are particularly raised to free that Country from the cruel oppression of those persons, who thought that ruin would not come swift enough into their Coasts, except they did petition and ride far to usher in the same: those persons, who (to compass to themselves some titles of Dignities) would let the kingdom see, into what measure of servitude and bondage they can bring the Common people into, by their new acquired power of the Commission of Array. Fourthly, That all those persons inhabiting within any of the Counties of North-Wales, who have been misled, or enforced by the Commissioners of Array, to raise arms or pay money towards the maintenance of this unnatural War against the Parliament, and shall forthwith come in and tender themselves to the said Sir Thomas Middleton, and yield submission to the Power and Authority of Parliament; their former delinquency shall be remitted, and their persons and estates protected from the violence and fury of soldiers. Fifthly, That as many of those persons who have put in execution the Commission of Array, or have been in actual War against the Parliament, as shall forthwith come and render themselves unto the said Sir Thomas Middleton, and submit to the Power and Authority of Parliament; he will suspend the putting in execution of the Ordinances of Parliament against them, until the further pleasure of the Parliament be signified therein: and will use his best endeavour to have their former delinquency remitted or qualified. Sixthly, That as many as will not submit to the Authority of Parliament, but persist in their disobedience, must expect to feel those miseries which War may bring upon them, and that punishment which they justly deserve for their contempt of so High Authority. And lastly, That the Forces of the Parliament shall be continued no longer in the said Counties, then until those Commissioners of Array, and those other persons that have been in actual War against the Parliament, be reduced to their due obedience to the Laws of the realm, and the justice of that supreme Court: The Coasts secured against the landing of Irish rebels (from whom no Protestant Subject of this kingdom can expect civil usage, however he stands affected;) The people freed from those oppressions and bondage under which they groan; and the trading of North-Wales for Cloth and cattle be restored unto them, which now is quite decayed by the Commissioners of Array's opposition against the Parliament; and the want thereof will bring extreme poverty and famine upon the whole Country. He that can believe, That the Irish Rebels and English Papists do now fight to maintain the Protestant Religion, That His majesty's royal Power and just Prerogatives are not resident in the Courts of Justice, That the Papists who are now in arms, contrary to the express words of several Acts of Parli●●●nt made against Papists bearing of arms; do now fight to maintain and keep those Statutes in force, That those Delinquents who were declared Traitors by the Parliament, and many of them so proclaimed by His Majesty, do now fight against the Parliaments Forces to maintain the privileges of Parliament, and not to protect themselves from the Justice of that supreme Court: is furnished with a sufficient competency of Ignorance to digest that Oath. He that hath been enforced to take an Oath, the substance whereof he cannot believe; is bound in Conscience and reason nos to observe the same. FINIS.