C R Dieu ET MON DROIT HONI SOIT x MAL Y PENSE royal blazon or coat of arms ❧ By the King. A Proclamation to inform all Our loving Subjects of the lawfulness of Our Commissions of Array, issued into the several 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 ourselves and Our Progenitors, Kings of England. And accordingly we have heretofore awarded Commissions of lieutenancy into the several 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 levy, call together, Arm, Array, Train, and Muster Our Subjects inhabiting in the said several 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 council learned, been since Voted in Our said Houses of Parliament to be illegal and void; the reason whereof We have not yet been informed of, nor can imagine: For that neither any illegal Clause (if any such be) in those Commissions, nor any excess 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 lawful to be granted and put in execution. And whereas, in case of danger and necessity, it had been more suitable to the condition of the times, and the good liking of Our Subjects (who cannot be well pleased with any new ways, how specious soever) that Our Houses of Parliament should ●●●e taken Order that Our Commissions of lieutenancy (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 legal, and was sufficient for the purposes before mentioned, or that (according to the like precedents 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 canceled, 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 settling of the Militia, under the name of an Ordinance (which two or three several 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 only without any one warrantable precedent of former times (as We believe) 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 engaged 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 legal way (for We are resolved to rule and govern Our Subjects according to Our known Laws only) We have thought fit, for the present, hereby thus timely to publish and declare, That We have awarded into the several Counties of Our Kingdom of England and Dominion of Wales, Our several Commissions of Array, thereby giving power to several 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 needful 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 country 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 precedents 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 lieutenancy were granted, and was agreed to be legal 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 Hampden's Case, as by the same (now since printed) may appear, together with divers particular Records in several 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 year 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 nevertheless no exception was taken for the legality, but the King's Assent acknowledged as an Act of great Grace, as appeareth by the Parliament Rolls of that year. 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 lieutenancy (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 years 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 sickness, or other lawful Impediment, or at their appearance 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 readiness, 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, expressly charge and command all Our Sheriffs, Justices of Peace, Majors, Bailiffs, Constables, and all other Our Officers, and other Our loving Subjects of Our several 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 several 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 authority, or otherwise disturbing Our said Commissioners in Execution of Our Service, considering the extreme danger wherein such Act may upon the several 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 penal or capital 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 year of Our Reign, 1642. Imprinted first at York, and now Reprinted at London. 1642.