Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome.

MDCXLII. June 8. By the King.

A Proclamation forbidding all Levies of Forces without his MAJESTY's express Pleasure signified under His Great Seal, and all Contributions or Assistance to any such Levies.

WHereas, under pretence that We intend to make War against the Parliament (the contrary whereof is notoriously 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 sixteenth of June, as by the Testimony of all Our Nobility and Council who are here upon the place) and by colour of the Authority of both Houses of Parliament (a major part whereof are now absent from London) by the contrivance of some few evil persons, disguising and colouring their pernicious Designs and hostile Preparati∣ons, under the plausible names of, the preservation of publick Peace, and defence of Vs and both Houses of Parliament from Force and violence, it hath been endeavoured to raise Troops of Horse and other Forces.

And for that purpose they have prevailed, not only to prohibit Our own Moneys to be paid to Us or to Our use, but, by the Name and Authority of Parliament, to excite Our Subjects to contribute their Assistance to them, by bringing in Mo∣neys, Plate, or under-writing to furnish and maintain Horses, Horsemen and Arms; and to that purpose certain Propositions or Orders (as they are styled by them) have been printed, whereby they have endeavoured to engage the Power and Authority of Parliament (as if the two Houses without Us had that Power and Authority) to save harmless all those that shall so contribute, from all Prejudice and Inconvenience that may befall them by occasion thereof;

And although We well hope that these Malignant persons (whose Actions do now sufficiently declare their former Intentions) will be able to prevail with few of Our good People to contribute their Power or Assistance unto them: Yet lest any of Our Subjects, taking upon trust what those men affirm without weighing the grounds of it, or the danger to Us, themselves and the Commonwealth which would ensue thereupon, should indeed believe (what these persons would insinuate, and have them to believe) that such their Contribution and Assistance would tend to the preservation of the publick Peace and the Defence of Us and both Houses of Parliament, and that thereby they should not incur any danger;

We, that We might not be wanting (as much as in Us lyeth) to foreshew and to prevent the danger which may fall thereupon, have hereby thought good to de∣clare and publish unto all Our loving Subjects, That by the Laws of the Land, the power of raising of Forces or Arms, or levying of War for the defence of the King∣dom, or otherwise, hath always belonged to Us, and to Us only; and that by no Power of either or both Houses of Parliament, or otherwise, contrary to Our personal Com∣mands, any Forces can be raised or any War levied.

And therefore, by the Statute of the seventh year of Our famous Progenitor King Edward the First, whereas there had been then some variances betwixt Him and some great Lords of the Realm, and upon Treaty thereupon, it was agreed, that in the next Parliament after provision should be made, that in all Parliaments and all other Assemblies which should be in the Kingdom for ever, every man should come with∣out Force and Armour, well and peaceably: yet at the next Parliament, when they met together to take advice of this Business, (though it concerned the Parliament it self) the Lords and Commons would not take it upon them, but answered, That it belonged to the King to defend force of Armour, and all other force against the Peace, at all times when it pleased Him, and to punish them which should do contrary, according to the Laws and Usages of the Realm; and that they were bound to aid Him, as their Sovereign Lord, at all seasons when need should be. And accordingly in Parliament in after-times, the King alone did issue His Procla∣mations, prohibiting bearing of Arms by any person in or near the City where the Parliament was, excepting such of the Kings Servants as He should depute, or should be deputed by His Commandment, and also excepting the Kings Mini∣sters. And by the Statute of Northampton, made in the second year of King Edward the Third, it is enacted, That no man, of what condition soever he be, (except the Kings Servants, in His presence, and His Ministers in executing the Kings Precepts,

or of their Office, and such as be in their company assisting them) go nor ride armed by night or day in Fairs, Markets, nor in the presence of the Justices or other Ministers, nor in no part elsewhere.

And this power of raising Forces to be solely in the King, is so known and insepa∣rable a Right to the Crown, that when, in the Reign of King Henry the Eighth, there being a sudden Rebellion, the Earl of Shrewsbury, without Warrant from the King, did raise Arms for the suppression thereof, and happily suppressed it, yet was he forced to obtain his Pardon. And whereas the Duke of Gloucester and other great Lords in the eleventh year of King Richard the Second (upon pretence of the good of the King and Kingdom, the King being then not of age, and led away, as they al∣ledged, by evil Counsellors) did raise Forces, and by them mastered their Adversa∣ries; in that Parliament (such as it was, for it was held and kept with force, how good use soever hath been made of the Precedents therein) they procured a special Act of Pardon for their raising of Men, and that those Assemblies should not be drawn into example for the time to come.

And as no Man can levy War or raise Forces without the King, so much less against the personal Commands of the King opposed thereunto. For by the Statute of the 25. year of King Edward the Third (which is but declaratory of the old Law in that point) it is Treason to levy War against the King in His Realm: Within the con∣struction of which Statute, it is true (which was said in the late Declaration under the name of both Houses of Parliament, of the 26. of May last) levying War (in some sense) against the King's Authority (though not intended against His Person) is levying War against the King. And therefore the raising of Forces, though upon pretence of removing of some evil Counsellors from about the Queen, hath been ad∣judged Treason in the Case of the late Earl of Essex, in the Reign of Queen Eliza∣beth, and in divers other Cases. (And We wish all Our Subjects to consider, whe∣ther if Men shall be raised contrary to Our Proclamation and against Our Will, it be not against Our Authority.) But it is as true (and was never denied but in that Declaration) that the raising of Forces against the King's personal Command (being no Ideot nor Infant, uncapable of understanding to Command) being accompanied with His Presence, is, and is most properly, levying of War against the King. For if it be a sufficient pretence for raising of Men against the King's Person, that it is for the defence of the King's Authority and of His Kingdom (though against His express Command and Proclamation) the Irish Rebels will have colour for their horrid Re∣bellion; for they say (though it be notoriously false) it is for the defence of the King's Authority and of His Kingdom. And Wat Tyler and Jack Cade and Kett the Tanner wanted not publick Pretences, which were perhaps just causes of Complaints, though not of raising of Men.

And though these persons have gone about subtilly to distinguish betwixt Our Per∣son and Our Authority, as if, because Our Authority may be where Our Person is not, that therefore Our Person 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) * 1.1 That their Allegiance is due unto the natural Person of their Prince, and not to His Crown or Kingdom distinct from His natural Capacity; and that by the Oath of Ligeance at the Common Law (which all persons above the age of twelve years are, or ought to be, sworn unto) they are bound to be true and faithful, not to the King only as King, but to Our Person as King CHARLES, and to bear Us truth and faith of Life and Member, and earthly Honour; and that they shall neither know nor hear of any ill or damage intended to Us that they shall not defend: And that when, in the time of King Edward the Second, Hugh Spencer, being discontented with the King, caused a Bill to be written, wherein was contained amongst other things, That Homage and the Oath of Allegiance was more by reason of the King's Crown (that is, His Kingdom) than of His Person; and that seeing the King cannot be reformed by suit of Law, if the King will not redress and put away that which is ill for the Common People and hurtful to the Crown, that the thing ought to be put away by force, and that His Lieges be bound to Govern in aid of Him and in default of Him; he was condemned for it by two Parliaments, and perpetually banished the Kingdom.

We have made mention of these Cases, not so much to clear Our Right, that We alone have the power of raising Forces, and none of Our Subjects, either in Parliament or out of Parliament, against Our Will or personal Command (which We think no Man that hath the least knowledge in Our Laws, and is not led away by private

Interests, and may speak his mind freely, will deny, nor was ever questioned in any Parliament before this time) as to let them see how dangerous the effect and consequence of raising of Forces without Us may be unto Us and to the Commonwealth, under pretence of Defence of both.

And though We cannot doubt of the Affections of Our good Subjects, considering their Interest 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 year of King Henry the Seventh and the eighteenth Chapter, by the duty of their Allegiance they are bounden to serve and assist Us at all seasons when need shall require:

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 Interests, shall be transported beyond their Duties, may be left without excuse; We do therefore by this Our Proclamation charge and command all Our Subjects upon their Allegiance, and as they tender Our Honour and Safety, and the Peace and Safety of the Kingdom, that they presume not to raise or levy any Horses, Horsmen, or Arms, or any Forces whatsoever, by colour of any Authority whatsoever, without Our express pleasure sig∣nified under Our great Seal, (other than such as shall be raised, levied and impre∣sted by the Order as well of Our Self as of both Houses of Parliament, according to an Act made this Sessions, intituled, An Act for the better raising and levying of Soldiers for the present defence of the Kingdoms of England and Ireland, by Justices of Peace, and otherwise, in such manner as is prescribed in the said Act) or Con∣tribute, or give any Assistance in Money, Plate, finding of Horses, Horsmen, or Arms, or any other ways, to or for any such Preparation, Levie, or Forces: And that such of Our good Subjects who through Ignorance have been mis-led to consent or sub∣scribe to any such Levie, Contribution or Assistance, forthwith, upon publication of this Our Proclamation, desist from continuing such their Contribution or Assistance, or giving any countenance to any such Levies, at their utmost perils.

And We do likewise streightly charge and command as well all Our Sheriffs, Ju∣stices of Peace, Mayors, Balliffs, Constables, and all other Our Officers whatsoever, that they use their utmost endeavours as well for publishing this Our Proclamation, as for the suppressing of all Levies, or Forces raised, or to be raised, without or against Our consent: as also all other Our loving Subjects, that they be attending, aiding and assisting Our said Officers and Ministers therein, as they and every of them will an∣swer it at their utmost perils.

Given at Our Court at York the eighteenth day of June, in the eighteenth year of Our Reign, 1642.

Notes

• * 1.1

  Cook 7. Report. Calvin's Case.