<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2008-07-28</DATE>
<RESPSTMT>
<NAME>Olivia Bottum</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Added TYPEs to DIVs in order to validate. Proofed title page(s).  Check TEXT for LANG attribute. Reviewed structure. Checked division-marking material at heads and feet of divisions (HEADS,  CLOSER, OPENER, ARGUMENT, EPIGRAPH, SIGNED, BYLINE, etc.).  Checked placement and completeness of PBs.  Check for blanks. Checked for signatures. Checked for #s.  Checked for Qs, startqs, endqs, oes, q;s. Check LETTER tags. Check Ls. Check TABLEs. Check LISTs. Check NOTEs. Checked for FIGUREs and decorated initials. Checked for missing-page GAPs and duplicates. Checked proofsheets and made corrections found there. Corrected 1 $-group. Revalidated. </ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A79017">
<STC T="W">C2651</STC>
<STC T="T">669.f.5[45]</STC>
<BIBNO T="umi">99872225</BIBNO>
<VID>160758</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD>&leaf;By the King.</HEAD>
<HEAD TYPE="sub">&leaf;A Proclamation forbidding all Levies of Forces without His Maje&s;ties expre&s;&s;e plea&s;ure, &s;ignified under His Great Seal, and all Contributions or A&s;si&s;tance to any &s;uch Levies.</HEAD>
<P><HI>_WHereas, under pretence that VVe intend to make VVar again&s;t the</HI> Parliament (the contrary whereof is notoriou&s;ly known to all that are here, and as we hope by this time apparent to all other Our Subjects, as well by Our Declaration of the &s;ixteenth of Iune, as by the Te&s;timonie of all Our Nobility and Councell, who are here upon the place) And by colour of the Authoritie of both Hou&s;es of Parliament (a major part whereof are now ab&s;ent from <HI>London</HI>) by the contrivance of &s;ome few evill per&s;ons, di&s;gui&s;ing and colouring their pernicious De&s;ignes and ho&s;tile Preparations under the plau|&s;ible names of <HI>The pre&s;ervation of publike Peace, and defence of us, and both Hou&s;es of Parliament from Force and and Violence,</HI> it hath been endeavoured to rai&s;e Troopes of Hor&s;e and other Forces:</P>
<P>And for that purpo&s;e they have prevailed, not onely to prohibit Our own Moneys to be paid to &V;s, or to Our u&s;e, but, by the Name and Authoritie of Parliament, to excite Our Sub|jects to contribute their A&s;&s;i&s;tance to them, by bringing in Moneys, Plate, or underwriting to furni&s;h and maintain Hor&s;es, Hor&s;men, and Arms; And to that purpo&s;e certain Propo&s;itions or Orders (as they are &s;tyled by them) have been Printed, whereby they have endeavoured to en|gage the Power and Authoritie of Parliament (as if the two Hou&s;es, without &V;s, had that Power and Authoritie) to &s;ave harmle&s;&s;e, all tho&s;e that &s;hall &s;o contribute, from all Preju|dice and Inconvenience that may befall them by occa&s;ionthereof.</P>
<P>And although we well hope that the&s;e Malignant per&s;ons (who&s;e Actions do now &s;uffici|ently declare their former Intentions) will be able to prevail with few of Our good people to contribute their Power or A&s;&s;i&s;tance unto them; Yet, le&s;t any of Our Subjects (taking upon tru&s;t what tho&s;e Men affirm) without weighing the grounds of it, or the danger to &V;s, them&s;elves, and the Common-wealth, which would en&s;ue thereupon, &s;hould indeed be|leeve (what the&s;e per&s;ons would in&s;inuate, and have them to beleeve) That &s;uch their Contri|bution and A&s;&s;i&s;tance would tend to the pre&s;ervation of the publike Peace, and the Defence of &V;s and both Hou&s;es of Parliament, and that thereby they &s;hould not incur any danger;</P>
<P>We, that we might not be wanting (as much as in &V;s lieth) to fore&s;hew and to prevent the danger which may fall thereupon, Have hereby thought good to declare and publi&s;h unto all Our loving Subjects, That by the Laws of the Land, the power of rai&s;ing of Forces or Arms, or leavying of war for the defence of the Kingdom, or otherwi&s;e, hath always belong|ed to &V;s, and and to &V;s onely, and that by no Power of either, or both Hou&s;es of Parliament, or otherwi&s;e, contrary to Our per&s;onall Commands, any Forces can be rai&s;ed, or any war <GAP DESC="illegible" REASON="page cropped" EXTENT="1 span"></P>
<P><PB REF="2">And therefore, by the Statute of the &s;eventh yeer of Our famous Progenitour, King <HI>Ed|ward</HI> the fir&s;t, whereas there had been then &s;ome variances betwixt him and &s;ome great Lords of the Realm, and, upon Treaty thereupon, it was agreed, that in the next Par|liament after provi&s;ion &s;hould be made, That in all Parliaments, and all other A&s;&s;emblies which &s;hould be in the Kingdom for ever, that every man &s;hould come without Force and Armour, well and peaceably: Yet at the next Parliament when they met together to take advice of this Bu&s;ine&s;&s;e (though it concerned the Parliament it &s;elf) the Lords and Com|mons would not take it upon them, but an&s;wered, That it belonged to the King to defend Force of Armour, and all other Force again&s;t the Peace at all times when it plea&s;ed Him, and to puni&s;h them which &s;hould do contrary, according to the Laws and &V;&s;ages of the Realm, and that they were bound to aid Him, as their Soveraign Lord, at all &s;ea&s;ons when need &s;hould be. And accordingly in Parliament, in after times, the King alone did i&s;&s;ue His Pro|clamations, prohibiting bearing of Arms by any per&s;on, in, or neer the Citie where the Parli|ament was, excepting &s;uch of the Kings Servants as He &s;hould depute, or &s;hould be deputed by His Commandment, and al&s;o excepting the Kings Mini&s;ters. And by the Statute of <HI>Northampton,</HI> made in the &s;econd yeer of King <HI>Edward</HI> the third, it is Enacted, That no man, of what condition &s;oever he be (except the Kings Servants, in His pre&s;ence, and His Mini&s;ters in executing the Kings Precepts, or of their Office, and &s;uch as be in their company a&s;&s;i&s;ting them) go, nor ride Armed by night or day in Fairs, Markets, nor in the pre&s;ence of the Iu&s;ti|ces, or other Mini&s;ters, nor in no part el&s;ewhere.</P>
<P>And this power of rai&s;ing Forces to be &s;olely in the King, is &s;o known and in&s;eparable a right to the Crown, That when, in the reign of King <HI>Henry</HI> the eight, there being a &s;udden Rebellion, the Earl of <HI>Shrewsbury,</HI> without Warrant from the King, did rai&s;e Arms for the &s;up|pre&s;&s;ion thereof, and happily &s;uppre&s;&s;ed it, yet was he forced to obtain his Pardon. And whereas the Duke of <HI>Glouce&s;ter,</HI> and other great Lords, in the eleventh yeer of King <HI>Richard</HI> the &s;econd (upon pretence of the good of the King and Kingdom, the King being then not of age, and led away, as they alleadged, by evil Coun&s;ellours) did rai&s;e Forces, and by them ma|&s;tered their Adver&s;aries. In that Parliament (&s;uch as it was, for it was held and kept with Force, how good u&s;e &s;oever hath been made of the Pre&s;idents therein) they procured a &s;peciall Act of Pardon for their rai&s;ing of Men, and that tho&s;e A&s;&s;emblies &s;hould not be drawn into example for the time to come.</P>
<P>And as no man can leavie War, or rai&s;e Forces without the King, &s;o much le&s;&s;e again&s;t the per&s;onall Commands of the King oppo&s;ed thereunto: For, by the Statute of the 25. yeer of King <HI>Edward</HI> the third (which is but Declaratory of the old Law in that point) it is Trea&s;on to leavie war again&s;t the King in His Realm; within the con&s;truction of which Statute, it is true (which was &s;aid in the late Declaration, under the name of both Hou&s;es of Parliament, of the 26. of May la&s;t) leavying War (in &s;ome &s;en&s;e) again&s;t the Kings Authority (though not in|tended again&s;t His Per&s;on) is leavying war again&s;t the King: And therefore the rai&s;ing of Forces, though upon pretence of removing of &s;ome evil Coun&s;ellors from about the Queen, hath been adjudged Trea&s;on, in the Ca&s;e of the late Earle of <HI>E&s;&s;ex</HI> in the Reign of Queen <HI>Eliza|beth,</HI> and in divers other Ca&s;es. (And we wi&s;h all Our Subjects to con&s;ider, Whether, if men &s;hall be rai&s;ed contrary to Our Proclamation and again&s;t Our Will, it be not again&s;t Our Au|thority.) But it is as true (and was never denied, but in that Declaration) That the rai&s;ing of Forces again&s;t the Kings per&s;onall Command (being no Ideot, nor Infant, uncapable of under&s;tanding to Command) being accompanied with His pre&s;ence, is, and is mo&s;t properly leavying of War again&s;t the King; For if it be a &s;ufficient pretence for rai&s;ing of Men again&s;t the Kings per&s;on, that it is for the defence of the Kings Authority, and of His Kingdom (though again&s;t His expre&s;&s;e Command and Proclamation) the Iri&s;h Rebels will have colour for their horrid Rebellion; For they &s;ay (though it be notoriou&s;ly fal&s;e) It is for the defence of the Kings Authority, and of His Kingdom; And <HI>Wat Tyler,</HI> and <HI>Jack Cade,</HI> and <HI>Kett</HI> the Tanner want|ed not publike Pretences, which were perhaps ju&s;t cau&s;es of Complaints, though not of rai|&s;ing of Men.</P>
<P>And though the&s;e per&s;ons have gone about &s;ubtilly to di&s;tingui&s;h betwixt Our Per&s;on and Our Authority, as if, Becau&s;e Our Authority may be where Our Per&s;on is not, that there|fore, Our Per&s;on may be where Our Authority is not; We require all Our good Subjects to take notice of the Law (which is in Print and full Force) <NOTE PLACE="marg">Cook 7. Rep. Calvins ca&s;e.</NOTE> That their Allegiance is due unto the naturall Per&s;on of their Prince, and not to His Crown or Kingdom di&s;tinct from His naturall Capacitie. And that by the Oath of Ligeance at the Common Law (which all per&s;ons above the age of twelve yeers are, or ought to be &s;worn unto) they are bound to
<PB REF="3" MS="y">
be true and faithfull, not to the King onely as King, but to Our Per&s;on as King <HI>CHARLES</HI>; and to bear &V;s truth and faith of Life and Member, and earthly Honour; and that they &s;hall neither know nor hear of any ill or damage intended to &V;s that they &s;hall not defend. And that when, in the time of King <HI>Edward</HI> the &s;econd, <HI>Hugh Spencer</HI> being di&s;contented with the King, cau&s;ed a Bill to be written, wherein was contained among&s;t other things, That Homage and the Oath of Allegiance was more by rea&s;on of the Kings Crown (that is, His Kingdom) then of His Per&s;on; and that &s;eeing the King cannot be reformed by &s;uit of Law, if the King will not redre&s;&s;e and put away that which is ill for the Common People, and hurtfull to the Crown That the thing ought to be put away by force, and that His Leiges be bound to Govern in aid of Him, and in default of Him; he was condemned for it by two Par|liaments, and perpetually vani&s;hed the Kingdom.</P>
<P>We have made mention of the&s;e ca&s;es, not &s;o much to cleer Our Right, That We alone have the power of rai&s;ing Forces, and none of Our Subjects, either in Parliament or out of Parlia|ment again&s;t Our Will, or per&s;onall Command (which We think no man that hath the lea&s;t knowledge in Our Laws, and is not led away by private Intere&s;ts, and may &s;peak his minde freely, will deny; nor was ever que&s;tioned in any Parliament before this time) as to let them &s;ee how dangerous the effect and con&s;equence of rai&s;ing of Forces, without &V;s, may be unto &V;s, and to the Common-wealth, uuder pretence of Defence of both.</P>
<P>And though We cannot doubt of the affections of Our good Subjects, con&s;idering their in|tere&s;t is involved with Ours, and how precious the peace of the Kingdom is, and ought to be unto them; and that according to the words of the Statute of the eleventh yeer of King <HI>Henry</HI> the &s;eventh, and the eighteenth Chapter, By the duty of their Allegiance they are bounden to &s;erve and a&s;&s;i&s;t &V;s at all &s;ea&s;ons when need &s;hall require.</P>
<P>Yet, to the end that Our good Subjects may know what their duty is, and what We expect from them, and that all others, who, through Malice or private Intere&s;ts, &s;hall be tran&s;ported beyond their duties, may be left without excu&s;e; we do therefore by this Our Proclamation charge and command all Our Subjects uopn their Allegiance, and as they tender Our Honour and Safety, and the Peace and Safety of the Kingdom, that they pre&s;ume not to rai&s;e or leavie any Hor&s;es, Hor&s;men, or Arms, or any Forces what&s;oever, by colour of any Authority what&s;o|ever, without Our expre&s;&s;e plea&s;ure &s;ignified under Our great Seal, (other then &s;uch as &s;hall be rai&s;ed, leavied and impre&s;ted by the Order, as well of Our Self, as of both Hou&s;es of Parlia|ment, according to an Act made this Se&s;&s;ions, intituled, <HI>An Act for the better rai&s;ing and leavying of Souldiers for the pre&s;ent defence of the Kingdoms of England and Ireland</HI> (by Iu&s;tices of Peace, and otherwi&s;e, in &s;uch manner as is pre&s;cribed in the &s;aid Act) or Contribute, or give any A&s;&s;i&s;tance in Money, Plate, finding of Hor&s;es, hor&s;men, or Arms, or any other wayes, to or for any &s;uch Preparation, Levie, or Forces: And that &s;uch of Our good Subjects, who through Ignorance have been mi&s;-led to con&s;ent or &s;ub&s;cribe to any &s;uch Leavie, Contribution, or A&s;|&s;i&s;tance, forthwith, upon publication of this Our Proclamation, de&s;i&s;t from continuing &s;uch their Contribution or A&s;&s;i&s;tance, or giving any Countenance to any &s;uch Leavies, at their ut|mo&s;t perils.</P>
<P>And We do likewi&s;e &s;traitly Charge and Command as well all Sheriffs, Iu&s;tices of Peace, Majors, Bailiffs, Con&s;tables, and all other Our Officers what&s;oever, That they u&s;e their utmo&s;t endeavours, as well for publi&s;hing this Our Proclamation, as for the &s;uppre&s;&s;ing of all Leavies, or Forces rai&s;ed, or to be rai&s;ed without or again&s;t Our con&s;ent: As al&s;o all other Our loving Subjects, That they be attending, Aiding, and A&s;&s;i&s;ting Our &s;aid Officers and Mini&s;ters therein, as they, and every of them will an&s;wer it at their utmo&s;t perils.</P>
<CLOSER><DATELINE>Given at Our Court at York the eighteenth day of <DATE>June, in the eighteenth yeer of Our Reign. 1642.</DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="colophon">
<P>&para;Imprinted at London by Robert Barker, Printer to the Kings mo&s;t Excellent Maje&s;tie: And by the A&s;signes of John Bill. 1642.</P>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
