A DECLARATION MADE By the right Honourable the Earl of BATH, one of his Majesty's Commissioners of Array, to the whole Country of DEVONSHIRE, With their answer thereunto annexed; ALSO The manner how the said Earl of BATH endeavoured to put the Commission of Array in Execution, at Southmoulton in Devonshire, and how his men were driven out of the Town by the Inhabitants thereof. Whereunto is added, A true Relation of the great Battle between Prince ROBERT and the Parliaments Forces at Worcester; with their happy Victory over his Cavaliers. Septemb. 29. London Printed for John Wright. A DECLARATION Of the Earl of BATH. AS there are disturbances in some part of this Kingdom, so I understand this County of Devon, in many places to be falsely possessed of some arbitrary and Tyrannical government pretended to be set up by the King, and put in practice (among others by myself) Wherefore out of my great affection to you and my Country, being now immediately ready to receive the blessed Sacrament, I do solemnly in the presence of Almighty God profess and declare that I have undertaken nothing contrary to the Laws of this Kingdom, nor prejudicial or hurtful to any that shall observe it: and 〈◊〉 do further profess that I have no authority neither will I take the value of sixpence from any man, but to my utmost power to protect you all, that every one may enjoy their own. The Answer. THe disturbances that are in this Kingdom have grown through the interferring of the Commission of Array with the Militia ordained by Parliament. The Officers in the Militia are the same for the most part that were before in the Lieutenancy, the men approved by His Majesty; the Array invades the Militia, and hath been the only means of breaking the peace. So in Somerset Captain Preston was assailed and his Ensign slain in the execution of the ordinance of Parliament. And for that cause the authors and fautors of that crime are prosecuted in Sherbourne. That many places of this County are possessed with the doubt of an arbitrary government intended is true, That the fault thereof is laid to the King's charge is false, That the Commissioners of Array do for the extent of that Commission put in practice an arbitrary and Tyrannical government is true for these reasons. First that which is but against the being of Parliaments is intended for an arbitrary government, but the Commissioners of Array do bend themselves and the power of their Commissions against the being of Parliaments. That the suppression of this Parliament, or the drawing of the members of it to other judicature, is against the being of Parliaments, is so apparent as it needs no more proof. Secondly That the Commission itself is illegal hath been declared by an authority not to be contradicted. And to put an illegal Commission in execution as to draw his Majesty's government into the censure of Tyranny, Thirdly the Commission of Array is most partial and in that respect Tyrannical. By the Declaration justifying and explaining it, it is affirmed that a man of able body and estate serving in person shall find arms but for his person, but a man weak in body not serving shall find arms according to the proportion of his estate, so that by this rule a man of 40 li. per. an. and impotent shall find a man's arms & a man to wear it; and a potent man of 100 500 or 1000 per. an. shall find no more. A man that is potent in body owes that ability to the Commonwealth as the rich of his substance, why else is the poor able man bound to wear the impotent rich man's arms? It is most unreasonable then and consequently most illegal, that the bodily strength of a rich man which is his great advantage should be the reason to ease his estate, and the weakness of his equal draw upon him a gross inequality of burden. This Declaration averreth peremptorily, that this Commission (which is the thing undertaken) is lawful, that it is not prejudicial, that there is no authority to take sixpence, and thereupon the holy Sacrament is solemnly received. For the lawfulness a single judgement is opposed to the Parliament and the conscience bound without reservation as surely for the truth of it. That's much in respect of the antiquity oft his law, the variety of others since made the difference of opinion. But that it is not prejudicial, let the before recited partiality answer. And for the authority to take sixpence see the power to imprison the refusers. With the will of any man Charity forbids to have to do, because his purposes are hid. But the consequences of their actions are apparent to provident men. The Array doth apparently oppose the Parliament, and intrudes upon those offices which have been and are now possessed by others for the peace and defence of the Kingdom. The Militia defends the Parliament, and therein strives to maintain the King and his posterity in the ancient and rightful government of this Realm by 3 estates. In this there is true loyalty and constant peace. In the other flattery and the seed of perpetual War. The Militia protects Religion and propriety of goods, and for the Common interest in both craves the benefit or Parliament and Church assemblies. The Array prevailing will not fail to bring both into single power at least into the danger that both were lately in. But that's forgotten, neither is it seen that the Array must embroil this Kingdom, that the rebellion may prevail in Ireland. A Copy of Letter sent to a worthy Gentleman in LONDON. Honourable Sir, ACcording to my bound duty I cannot choose but acquaint your worship with the news at Southmoulton, I myself being present at it. On Saturday last, the Earl of Bath sent one of his servants unto the Mayor of the Town to know whether he should have a peaceable entrance into his Town the Tuesday following, for he was minded to come there, to meet some Gentlemen upon some occasions; the Mayor answered the messenger, that if his intent were for peace, he should come, after better consideration, which the Ma●or had, he was blamed by some of his friends, for tha● he had not taken respite to give his answer, but that advice came too late. The Tuesday being the day apppointed, there came the Eatle of Bath, my Lord Chichester, Baronet Pollard, Sir Popham Southcot, Sir Ralph Sidneham, Master Basset, Master John Acland, Master john Gifford, Captain Newcond with their followers, and divers others which I cannot name. A Banquet being provided at Henry Hearders house the Innkeeper, where the Earl sent store of Venison, and his own Cook for to dress it, the common sort of the Town fell in a great rage with the Mayor and his company, for giving licence that they should enter, and swor that if they did attempt any thing there, or read their Commission of Array, they would beat them all down and kill them, if they were all hanged for it; and thereupon betook themselves to Arms, both men, women, and children, about the Cross in the Market place, I do verily ●eleeve they were in number at least 1000 some with Muskets loaden, some with Halberds and black Bills, some with Clubs, some with Pikes, some with dung Evells, some with great Poles, one I saw which had heat the calke of a Sieve, and beat him out right, and set him into a long staff, the women had filled all the steps of the cross with great stones & got up & sat on them, swearing if they did come there they would brain them. One thing which is worth the noting, a woman which is a Butcher's wife, came running with her lapful of Rams-hornes for to throw at them, some of the Gentlemen were coming towards the Cross, it was thought to publish the Array, presently the people gave a shout, and did cry, they be come, at which they were all ready to stand against them, the Gentlemen seeing that, betook themselves every one to house, and after that not one of them nor their servants, durst show themselves in the street; it is thought of many, that if the Town had not risen against them, they would not so soon have departed, surely whatsoever colour they put upon it, their intent was ill, for their men gave very dangerous speeches, but God is able with his smallest creatures to daunt the hearts of Kings, as with Lice and Frogs and such like: so amongst this crew there were both men and women with Clubs and Staves, which do daily beg from door to door, and when the Earl rod forth of Town, they did throw stones after him and his men. I shall desire your Worships to excuse my boldness in writing so large, but if you had seen it, you would have thought this Relation to be too little. Thus with my humble service unto you and my young Master, I commend you both with the whole Family unto the divine protection, and ever rest Southmoulton the 15 of September, 1642. From the Rendezvouz in Worcester, Septem. 24. 1642. SJR, THe unseasonableness of the weather in our march with 〈◊〉 Artillery, extremely retarded our coming to Worcester which prevented us of taking the Cavaliers, though not of the City of Worcester, which our Horse obtained with much Honour though with great difficulty, and disadvantage; for (as I have 〈◊〉 from my comrade that was in the fight) Prince Robert with 〈◊〉 Troops came to Worcester, and joined with Sir john Byron: we had about 10 Troops near the City, though not in a body, Prince Robert sallies out of the City, and puts his Horse in Battalions on the fair Meadow, and seemed to challenge the Encounter; Colonel Saudis, with his Regiment of Horse, Captain Wingate, and Captain Hales, were about half a quarter of a mile, and had n● passage to the Enemy, but in a lane, where they could not march five a breast: yet so keen Colonel Sandis was, that he adventured to march up, and charged the Prince, which he did so effectually that eleven of them quickly fell, Prince Robert, or Prince Mauri●● being sure wounded in the head, or on his hand: commissary Wilm t he comes and relieves Prince Robert, and Colonel Sand● and he had a single encounter, Colonel Sandis received a so●● wound, but we hope not mortal, and run his sword up to the hi●● in commisary Wilmots body, as it is reported, than Captain Wingates Troop came on, & did most desperate service, & after him came Captain Fines, and Captain Hale, then came up Captain Augustine's Troop, who could not all this while get out of the Lane, and gave a most desperate charge, which the enemy being sensible of, and seeing more troops coming, retreated into the City of Worcester, and Captain Austin followed them into the City, and did execution on them, and took 26 Prisoners, Sergeant Maior Dowglas was slain on our side, we lost no man of note else, the number slain on both sides are much alike, not exceeding thirty on each side: the Lord General is now in the City of Worcester, and the Mayor hath been twice on his knees to the Lord General for his pardon in betraying the City into the hands of the Cavaliers, but cannot obtain it. FINIS.