THE DECLARATION OF The LORDS and COMMONS In PARLIAMENT Assembled. Willing, That no Messenger or Officer, by Colour of his Majesties Command or Warrant under his hand, shall arrest, take, or carry away any of his Majesties Subjects against their Wils, that it is against the laws of the Land, the liberty of the Subject, and tends to the disturbance of the peace of the kingdom, and those that are employed in the raising of Horses, Money or plate, according to the Propositions, shall not depart from that service upon any Command from his Majesty whatsoever. Ordered by the Lords and Commons Assembled in Parliament, that this Declaration shall be forthwith Printed and Published. John brown clear. Parl. As also the Vindication of both Houses of Parliament of the earl of Stamford, and others, from his majesties imputation of Treason. With certain instructions from his Majesty to all the Judges of the kingdom of England. July 28. London Printed for John Wright. 1642. Die Martis, 26. julii. 1642. THe Lords and Commons in Parliament do declare, That it is against the Laws& liberties of the Kingdom, that any of the Subjects therof should be commanded by the King to attend him at his pleasure, but such as are bou●d thereto by special service. And if any Messenger or Officer shal by colour of any command from his Majesty, or wa●rant under his Majesties hand Arrest, take, or carry away any of his Majesties Subjects to any place whatsoever, contrary to their wills; That it is both against the Laws of the Land, the liberty of the Subjects, and is to the disturbance of the public peace of the kingdom; and any of His Majesties Subjects so Arrested, may lawfully refuse to obey such Arrests and commands. And it is further declared, that whosoever is employed by both or either House of Parliament concerning the ordinance for the Militia, or in advancing the Propositions for raising of Horse, Money, or Plate, according to the Instructions of both Houses, or in furthering the subscriptions for Ireland, or in any other Service of both or either House of Parliament, shall not depart that service or attend his majesty, upon any Summons or Command, Signified by Letter, Proclamation, or otherwise, except such persons shal be compelled to such departure, or attendance, by Authority of Law; And in so doing, both Houses of Parliament will extend the uttermost of their power for their indemnity. Martis 26. Julii 1642. ORdered by the Lords in Parliament, that this Declaration shall bee forthwith Printed and Published. jo. brown Cleric. Parliamentorum. Charles R. TRusty and well-beloved, We greet you well. We call to mind that in former times the constant custom was, by the mouth of the Lord Keeper for the time being, at the Court of Star-chamber, in the end of Trinity term, to put the Judges of assize( shortly after to undertake their several Circuits) in mind of such things as were then thought necessary for the present, for the good government of the kingdom. This course in Our judgement we do well approve of, That although We want the opportunity, which We and Our Predecessors then had, of communicating Our thoughts to our Judges, for the good of our people, yet We do still retain the same care for the safety and prosperity of Our good Subjects: And much more, by how much the distempers and distractions of the present times, unhappily fallen, have given us more occasion. Wee have therefore thought it fit, to supply the defect by these Our Letters; wherein, besides the general care of Our justice, committed to Us by God, and by Us delegated to Our Judges by Our several Commissions, We recommend unto you in your Circuits, as We shall do to the rest of your Brethren in their several Circuits, these particulars following. First, that you take care, by all the best means you can to suppress Popery in all those Counties whither you are to go, by putting the laws made against them in due execution: And that you take like care to give a stop to the over-hasty growth of anabaptism, and other schisms, as far as by the good laws of the Land you may; and to punish the Delinquents with an equal hand, and those specially of either sort whom you shall discover to be seditious stirrers and movers of others to any Acts of disobedience to Us, and Our government; and that in your Charge, and otherwise, as you shall have fit opportunity, you assure our good Subjects in Our name, and in the word of a King, who calls God to witness, that by his gracious assistance we are constantly resolved to maintain the true Protestant Religion, established by Law in this Church of England, in the purity thereof, without declining either to the right hand or to the left, as we found it at Our access to the crown, and as it was maintained in the happy times of queen Elizabeth, and King James Our dear Father, both of happy memory, and therein both to live and die. Secondly, you shall let Our People of those Counties know, that, according to Our Kingly duty and Oath, We are also constantly resolved to maintain the laws of this Our kingdom; and by, and according to them to govern Our Subjects, and not by any Arbitrary power, whatsoever the Malevolent Spirits of any ill affencted to Our Person or Government, have suggested, or shall suggest to the contrary. And that we shall also maintain the just privileges of Parliament, as far as ever Our Predecessors have done, and as far as may stand with that justice which We owe to Our crown, and the honor thereof: but that We may not, nor will admit of any such unwarranted power, in either, or both Houses of Parliament, which in some things hath been lately usurped, not onely without, but against Our royal Consent and Command. And We require and command you, as there shall be just occasion offered, in a legal way, that you take care to preserve Our just right in these cases. Thirdly, We charge you, as you tender the peace of this kingdom, in the Government whereof, according to the laws, you Our Judges of the Law have a principal part under Us, that you take care for suppressing of all Insurrections, if any such should happen, and of all Riots and unlawful Assemblies under any pretence whatsoever, not warranted by the Laws of this Land; and whosoever shall transgress therein, that you let them know that they must expect that punishment which by the Law may be inflicted upon them, and at your hands We shall look for such an account herein, within your Circuit, as becometh the quality of the place wherein you serve Us. Fourthly, because the distempers of the present times, unhappily stirred up and fomented by some, under specious, but unjust pretences, and probable to stir up loose and ungoverned people, under hope of impunity, as far as they dare to make a prey of Our good Subjects, Wee straitly charge and command you to take the best order you can in those Counties, that Rogues, Vagabonds, and other disorderly people may be apprehended, dealt with and punished according to the laws, whereby the good and quiet people of Our kingdom may be secured, and the wicked and licentious may be suppressed: and We charge and command you to give it in charge in all the Counties whither you are sent by Our Commissions, that Watches and Wards be straitly kept in all Parishes and places convenient, whereby the Laws made against such disorders may be put in due execution. Fifthly, and lastly, you shall let Our people of those Counties know from Us, and by Our Command, that if they shall profess unto Us, or unto you in Our stead, any thing wherein they hold themselves grieved, in an humble and sitting way, and shal desire a just Reformation or relief, We shall give a gracious ear unto them, and with all convenience return them such an answer, as shall give them cause to thank Us for Our Justice and Favour: and when you shall have published Our clear intentions to Our people in these things, lest at the first hearing they should not so fully apprehended Our sense therein, you shall deliver a Copy of these Our Letters to the Fore-man of the Grand Jury, and to any other, if any one shall desire Copies of these Our Letters for their better information; and to the end that Our services in your Circuit may not suffer through the absence of Our learned counsel, Our Will and Command is, that you assign in every place of your Sessions some of the ablest Lawyers who ride that Circuit to be of counsel for Us, to assist in such Pleas of the crown, that may be most necessary for Our service in the execution and punishment of notorious Delinquents. Of all these things We shall expect that good account from you, as We shall from the rest of your Brethren Our Judges, to whom We have also written to the like purpose; of whose fidelity and good affections We are confident as becometh Us to look for from you, and for you to render to Us, wherein you have so great a trust committed. Given at Our Court at york, 4. July, 1642. To Our trusty and well-beloved the Judge, or Judges of assize, for Our Counties of Kent, Surrey, Sussex, Hartford, and Essex. The Declaration of the Lords and Commons in Parliament assembled, concerning the earl of Stamford, and others his Assistants; whom the King Proclaimed Traytors for executing the Ordinance of the MILITIA. WHereas Henry earl of Stamford was by Ordinance of both Houses of Parliament, appoynted Lord-Lieutenant of the County o● Leicester, and by the Order of both the said Houses the magazine of the said County was delivered into his hands to be removed or disposed of as he should think fit for the safety and defence of His Majesty and the County; in obedience whereunto, the said earl did take the Magazine and did place a great part thereof at his house at Bradgate under safeguard, and the residue thereof at a place in the Newarke near the town of Leicester; for the doing whereof the said earl, and also William Sherman, William Stanley, John Norris, and William Reynor, upon pretence of being Assistants to the said earl, and all other his Adherents, were without all colour of Law, and against the rights and liberties of the Subject proclaimed Traytors, which as concerning the said earl being a Member of the House of peers, is a high breach of the privilege of Parliament: Be it therefore declared by the said Lords and Commons, That the said earl, William Sherman, William Stanley, John Norris, William Reynor, nor any other of the parties which were assisting of the said earl in the Premises, have done any thing herein but according to their duties,& in obedience to the commands of both Houses of Parliament; and that therefore the said earl and all other the said persons his assistants and every of them shal and ought to be protected by the power and Authority of both Houses of Parliament. And the said Lords and Commons do hereby forbid all Sheriffs, Majors, bailiffs, Constables, and other His Majesties Officers and Subjects whatsoever, any way to arrest, impeach, molest, or trouble the said earl, William Sherman, William Stanley, John Norris, William Reynor, or any other of the said persons,( so assisting to the said earl) either in their persons, goods, or estates, for, or by reason of the premises, without the Authority or consent of both Houses of Parliament. ORdered by the Lords in Parliament, that this Declaration be forthwith Printed and Published. John Brown clear. Parliamentorum. FINIS.