A DECLARATION OF THE LORDS and COMMOMS Assembled in PARLIAMENT.
For the raising of all power, and Force, as well Trained Bands as others, in severall Counties of this Kingdom.
To leade against all Traytors and their Adherents, and them to Arrest and Imprison and to fight with, Kill, and Slay all such as shall oppose any of His Majesties loving Subjects, that shall be imployed in this Service, by either or both Houses of PARLIAMENT.
Together With His Majesties DECLARATION In Answer to the same.
YORK: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majesty: And by the Assignes of JOHN BILL, 1642.
A Declaration of the LORDS and COMMONS Assembled in PARLIAMENT: For the raising of all power, and force, as well Trained Bands as others, in severall Counties of this Kingdom.
To leade against all Traitors and their Adherents, and them to Arrest, and Imprison, and to fight with, Kill and Slay all such as shall oppose any of His Majesties Loving Subjects that shall be imployed in this service by either or both Houses of PARLIAMENT.
WHereas certain Information is given from severall parts of the Kingdom, That divers Troops of Horse are imployed in sundry Counties of the Kingdom, and that others have Commission to raise both Horse and Foot, to compell His Majesties Subjects to submit to the Illegall Commission of Array, out of a Trayterous [Page 4] intent to subvert the Liberty of the Subject, and the Law of the Kingdom; and for the better strengthning themselves in this wicked attempt, doe joyn with the Popish and Jesuiticall Faction, to put the Kingdom into a combustion and Civill War, by leavying forces against the Parliament; and by these Forces to alter the Religion, and the ancient Government, and lawfull Liberty of the Kingdom; and to introduce Popery and Idolatry, together with an Arbitrary Form of Government: And in pursuance thereof, have Traiterously and Rebelliously, leavyed War against the King, and by force, robb'd, spoyl'd, and slain divers of His Majesties good Subjects, travelling about their lawfull and necessary occasions, in the Kings Protection according to Law; and namely, That for the'nd and purpose aforesaid, The Earl of Northampton, the Lord Dunsmore, Lord Willoughby of Eresby, Son to the Earl of Linsey, Henry Hastings Esquire: and divers other unknown Persons in the Counties of Lincoln, Nottingham, Leicester, Warwick, Oxford, and other places, the Marquesse of Hertford, the Lord Paulet, Lord Seymer, Sir John Stawell, Sir Ralph Hopton, John Digby Esq. and other their Accomplices, have gotten together great Forces in the County of Sommerset. The Lords and Commons in Parliament, duely considering the great dangers which may ensue upon such their wicked and Trayterous designes, and if by this means the Power of the Sword should come into the Hands of Papists and their Adherents, nothing can be expected but the miserable ruine and desolation [Page 5] of the Kingdom, and the bloudy massacre of the Protestants: They doe Declare and Ordain, That it is, and shall be lawfull, for all His Majesties loving Subject [...], by force of Arms to resist the said severall Parties, and their Accomplices, and all other that shall raise or conduct any other Forces for th'ends aforesaid, and that the Earl of Essex Lord Generall, with all his Forces raised by the authority of Parliament: as likewise the Lord Say, Lievtenant of Oxfordshire, Earl of Peterborough, Lievtenant of Northamtonshire, Lord Wharton, Lievtenant of Bu [...]kinghamshire, Earl of Stamford Lievtenant of Leicestershire, Earl of Pembrook Lievtenant of Wiltshire and Hampshire, Earl of Bedford Lievtenant of Sommersetshire and Devon, Lord Brook Liev [...]enant of Warwickshire, the Lord Cramborne Lievtenant of Dorsershire, the Lord Willoughby of Parham Lievtenant of Lincolnshire, and all those who are, or shall be appointed by Ordinance of both Houses, to perform the Place of Deputy Lievtenants, and their Deputy Lievtenants respectively, Densill Hollis Esquire, Lievtenant of the City and County of Bristoll, and the Majors and Sheriffes of the City, and Deputy Lievtenants there, and all other Lievtenants of Counties, Sheriffs, Majors, Deputy Lievtenants, shall raise all their Power and Forces of their severall Counties, as well Trained Bands as others, and shall have power to conduct, and leade the said Forces of the said Counties against the said Traytors and their Adherents, and with them to fight, kill and slay, all such as by Force shall oppose them and [Page 4] the Persons of the said Traytors, and their Adherents, and Accomplices, to Arrest and Imprison, and them to bring up to the Parliament, to answer this their Trayterous and Rebellious Attempts according to Law, and the same or any ot [...]er Forces, to transport and conduct from one County to another, in ayd and assistance one of another, and of all others that shall joyn with the Lords and Commons in Parliament, for the defence of the Religion of Almighty God, and of the Liberties and Pe [...]ce of tho Kingdom, and in pursuit of those wicked and Rebellious Traytor [...], their Conspirators, Ayders and Abettors, and Adherents, requiring all Lieu [...]enants of Counties, Sheriffs, Majors, Justices of Pe [...]ce, and other His Majesties Officers and loving Subjects, to be ayding and assisting to one another in the Execution hereof, and for their so doing, all the parties above mentioned, and all others that shall joyn with them shall be justified, defended, and secured, by tho Power and Authority of Parliament.
Ordered that this be forthwith Printed:
His Majesties Declaration, in Answer to a Declaration of the Lords and Commons Assembled in Parliament, for the raysing of all Power and Force, aswell Trained Bands, as others, in severall Counties of the Kingdom, to leade against all Traytors and their Adherents, &c.
AS much experience as we have had of the inveterate rancour and high Insolence of the malignant party against us, we never yet saw any expression come from them, so evidently declaring it, as the Declaration entituled, A Declaration of the Lords and Commons Assembled in Parliament, for the raysing of all Power and Force, aswell Trayned Bands, as others in severall Counties of this Kingdom, to leade against all Traytors, and their Adherents, &c. In which, That Faction hath as it were distilled, and contracted all their falshood, Insolence, and Malice; There being in it not one period which is not either slanderous or treasonable; and nothing can more grieve us, then [Page 6] that by their infinite Arts & Subtilty (employed by their perpetuall and indefatigable industry) and by that rabble of Brownists and other Schismatickes declaredly ready to appeare at their call, they should have been able so to draw away some, and drive away others of our good Subjcts from our Parliament, as to prevaile with the Major Part remaining of both Houses (how much soever that Major part be the smaller, in comparison of the whole) to suffer that name (whose reverence by all means we desire to preserve) to be so soyl'd, as to be prefixed to a Paper of this unsufferable nature; That tends not onely to the destruction of our Person, but to the dissolution of this Government, and of all Society; If at least this Declaration (which we rather see cause to hope it hath not) have so much as been seen in the Houses, and be not the single Work of the same Omnipotent Committee, to which is devolved the whole power of the Parliament; and which, as We understand, is trusted (without acquainting the Houses) to break up any Mans House, and take away the Arms and Mony intended to defend and feed him (if they shall see cause to suspect that he meant to assist His Soveraign with them) and [Page 7] may well be as fully and implicitely trusted to Declare, as to Act whatsoever they please. And though We doubt not, but to their utmost, they will continue that Injury to Us, and that violation of the Subjects Libertie, and of publique Right, to vex and Imprison those, who shall publish any of our Answers, to their Declarations, (and indeed whilst they affirme against all Truth, and command against all Law, it concerns them to take care that nothing be heard, but what they shall say) yet Our comfort is, That Our Intentions, and the Duty of Our Subjects are so well, and so generally known to Our People, that We cannot Fear (from whomsoever it come, and though no Answer came out with it) that, either what is there said, should be believed, or what is there commanded, should be obeyed. Who knows not, That Our Commissions for Horse and Foot were not granted out, till not only Our Prerogative, but Our Propriety, Our Goods, Arms, Towns, Militia; and negative Voice were taken from Us; and all the Kingdome commanded to be in Arms, and Invited to bring in Horse, Plate, and Mony, to frame an Army against Our Command and Proclamation, and till Horse were raised, and Mustred [Page 8] accordingly? And then, with no Intention (nor hath any Action in any of Our Ministers, given the least suspition of such an Intention) by them to compell Our Subjects, to submit to Our Commissions of Array, or make use of them against the Parliament, but to re-gain Hull, held out in Rebellion against Us; And to suppresse all such, as vvithout Our Authority, and against Our Commands, should raise Forces in this Our Kingdom, and leavie War against Us, under pretence of any Order, or Ordinance of one or both Houses; and such Trayterous Assemblies and Marches have been the onely lawfull and necessary occasions of Our good Subjects, which have been so much as interrupted by any Troops of Ours; And vvhat is affirm'd of the spoiling and killing them, as they were so Travelling under our Protection, and according to Law, is a most malicious Affirmation, aswell vvithout Truth, as vvithout Instance, invented at once to make Our Troops terrible, and Us odious to Our People. What care have We taken, That (by this means) the power of the Sword should not come into the Hands of Papists, vvho have by Our Proclamation strictly charged, That no Papist should presume to list himselfe, either as [Page 9] Officer or Souldier in this Our Army, having directed how he should be discovered, if he did presume; and suffer, if he were discovered? What care have we taken to avoyd combustion and Civill War, offering to lay down Our Arms, when they shall have laid down theirs (in whom it was Treason to take them up) and restored Us those things which could not without Treason, as well as Injustice be sorced away; and kept from Us, Our Arms, Ships, Town, &c. And when We might meet both Our Houses in a safe and secure place, to debate freely of all the differences in a Parliamentary way; And by whose influences these Propositions were rejected, and whether the Proposer or Rejecters were most carefull to avoid this ruine and desolation of the Kingdom, We leave all the World to Judge; and whether they, who divert the Men and Money collected for the reliefe of distressed Ireland, to raise sorces against their Prince (vvho asks them nothing but vvhat is Legall, nor vvill deny them any that is) doe not joyn vvith the Popish and Jesuiticall faction in the bloudy Massacre of many thousand Protestants in that miserable Kingdom. We propose likewise to every Mans Judgement; whether the Declaring those to be Traytors, [Page 10] vvho execute Our Commission of Array (issued in so many Kings Reign, agreed upon by Parliament, and there yeelded to by the King, to be setled as now it is, as a matter of great grace. And since that time, which vvas in 5. Hen. 4. in no Parliament complained of) whilst Our good subjects are vexed and Imprisoned, not onely for resisting, but for humbly Petitioning so as may seem but to insinuate something against their most illegall commands concerning the Militia (to vvhich power of commanding, no Tytle can be made by any Statute, or any Precedent, nor can We ever find by search, nor obtain to be told what these fundamentall Laws are, by vvhich it is pretended; so deep those foundations are laid, beyond all means of discovery.) And the Declaring, That those vvho raise Men by vertue of Our Command and Commission (the onely Legall vvay) Traiterously and Rebelliously leavie War against the King; and ordaining it to be lawfull for all Our Subjects by force of Arms to resist them, and their accomplices; and the raising forces by authoritie of Parliament (that is, by the remaining part of both Houses) never in the most outragious times before attempted, and commanding [Page 11] severall Persons whom they call Lievtenants, to leade, and giving them power to transport from one County to another, the Forces of severall of Our Counties against them, and to kill and slay all such, as by force shall oppose them, Our Selfe not excepted; commanding all Our Officers and Subjects to be assisting to them, and undertaking to secure them for so doing, by the Power and Authority of Parliament (vvhich is first to allow, and next to command, and then to pardon Treason) be not to have already subverted, as much as in them lies, the Liberty of the Subject, the Law of the Land, and altered the Ancient Government of the Kingdom, leaving Our Subjects vvithout all Rule to vvalk by, vvhen the most clear Laws cannot direct and secure them; and they see all those ancient bounds passed over, which were ever as much known to be the Duty of both Houses to observe, as it vvas evident that there were, and that it vvas necessary that there should be two Houses of Parliament, and at once behold the Law (vvhich is to Defend and Protect the Subject) and Us (vvho are to Protect and Defend the Law) need Defence and Protection. We doubt not therefore, but all Our good Subjects [Page 12] will come in to Our Assistance, and that this wicked charge of intending to introduce Popery, Idolatry, and Arbitrary government laid by implication upon us, (because we defend our selves, and would recover our own) will be so farre from being a motive against us, that this intolerable indignitie and damnable scandall (so daily and visibly confuted by all Our Professions and Actions) will encrease Our good Subjects zeale towards Us, and their indignation against the Contrivers; And they will esteem themselves obliged by the Religion of Almighty God, to oppose this War so impiously, so treasonably and so groundlesly made upon Us their King and his Anointed: We therefore require all Our Commissioners of Array, Sheriffes, and all Our other Officers and Ministers to raise all the power and forces of their severall Counties to ass [...]st the Marquesse of Hertford, the Earle of Northampton, the Lord Willoughby of Eresby, the Lord Pawlet, the Lord Seymour, the Lord Dunsmore, Henry Hastings Esq; Sir John, Stowell, Sir Ralph Hopton, John Digby Esq; and all other in the legall and necessarie executing of our Commissions of Array, and in the raising and conducting of such Horse and Foot as [Page 13] shall be raised by Our Commission, and by force of Arms to oppose the Earle of Essex, the Lord Say, and all other that shall raise or conduct any forces raised by pretence of Authoritie of both Houses, and the Persons of all such Traytors, and their Adherents, and Accomplices, to arrest and imprison; To the end they may be brought to a faire and legall tryall, by their Peers, and according to the Law: And this we require from them, as they tender the Defence of Our Person, the true Religion, the Law of the Land, the Libertie and propertie of the Subject, and the true and just Priviledges of Parliament. And for so doing they shall be defended and secured by Us, and by the Law; with whom, and with which, we doubt not, but Our Subjects will sooner choose to live and die, then with the Earle of Essex and his Adherents.