His Maiesties answer to the declaration of both Hovses of Parliament concerning the Commission of Array of the 1 of July 1642.
         Charles I, King of England, 1600-1649.
      
       
         This text is an enriched version of the TCP digital transcription A31803 of text R26443 in the  English Short Title Catalog (Wing C2115). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         EarlyPrint Project
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         Wing C2115
         ESTC R26443
         09464165
         ocm 09464165
         43196
         
           
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         Transcribed from: (Early English Books Online ; image set 43196)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 1304:32)
      
       
         
           
             His Maiesties answer to the declaration of both Hovses of Parliament concerning the Commission of Array of the 1 of July 1642.
             Charles I, King of England, 1600-1649.
          
           99 p.
           
             Printed and reprinted by His Majesties speciall command,
             Yorke ;
             Oxford :
             1642.
          
           
             Reproduction of original in the Harvard University Library.
          
        
      
    
     
       
         eng
      
       
         
           Great Britain -- Politics and government -- 1642-1649.
           Great Britain -- Militia.
           Great Britain -- History -- Civil War, 1642-1649.
        
      
    
       A31803  R26443  (Wing C2115).  civilwar no His Maiesties ansvver to the declaration of both Hovses [sic] of Parliament, concerning the Commission of Array. Of the 1. of July. 1642. England and Wales. Sovereign 1642    24568 6 0 0 0 0 0 2 B  The  rate of 2 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 
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           HIS
           MAIESTIES
           ANSWER
           TO
           THE
           DECLARATION
           OF
           BOTH
           HOVSES
           OF
           PARLIAMENT
           .
           
             Concerning
             the
             Commission
             of
             ARRAY
             .
          
        
         
           Of
           the
           1.
           of
           
             July
             .
          
           1642.
           
        
         
           Printed
           at
           
             Yorke
             ,
          
           and
           reprinted
           at
           
             Oxford
          
           by
           His
           Maiesties
           speciall
           command
           .
           
             Anno
             Dom.
          
           1642.
           
        
      
    
     
       
       
       
         
           HIS
           MAIESTIES
           ANSWER
           ,
           to
           the
           DECLARATION
           of
           both
           Houses
           of
           Parliament
           ,
           concerning
           the
           Commission
           of
           ARRAY
           .
        
         
           HAving
           first
           received
           ,
           by
           the
           published
           Votes
           and
           Declarations
           of
           both
           Our
           Houses
           of
           Parliament
           severall
           informations
           of
           evident
           and
           imminent
           danger
           unto
           Our
           Kingdome
           ,
           
             from
             enemies
             abroad
             ,
          
           and
           
             at
             home
             ,
          
           and
           finding
           that
           Our
           Commissions
           of
           Lieutenancie
           (
           although
           Wee
           did
           since
           the
           beginning
           of
           this
           Parliament
           grant
           the
           like
           for
           the
           County
           of
           
             Yorke
             ,
          
           to
           the
           now
           Earle
           of
           
             Essex
             ,
          
           with
           the
           privitie
           of
           both
           Our
           Houses
           of
           Parliament
           ,
           and
           without
           exception
           from
           either
           ;
           and
           that
           the
           same
           was
           the
           meanes
           for
           defence
           of
           this
           Kingdome
           used
           
           in
           the
           happy
           times
           of
           that
           good
           Queene
           
             Elizabeth
             ,
          
           and
           Our
           blessed
           Father
           ,
           and
           confirmed
           as
           well
           by
           the
           opinions
           of
           Iudges
           and
           Lawyers
           ,
           as
           the
           universall
           obedience
           of
           the
           Subjects
           )
           were
           all
           of
           them
           ,
           without
           hearing
           any
           of
           Our
           Councell
           learned
           ,
           voted
           illegall
           ,
           and
           by
           Our
           House
           of
           Peers
           called
           in
           to
           be
           cancelled
           ;
           And
           that
           thereupon
           Our
           Kingdome
           lay
           open
           and
           exposed
           to
           all
           dangerous
           attempts
           without
           other
           provision
           then
           of
           a
           late
           pretended
           Ordinance
           of
           both
           Our
           said
           Houses
           ;
           which
           (
           being
           made
           without
           Vs
           ,
           and
           contrary
           to
           Our
           expresse
           will
           declared
           ,
           and
           after
           it
           had
           beene
           twice
           refused
           in
           Our
           House
           of
           Peeres
           ,
           and
           after
           the
           departure
           of
           a
           major
           part
           of
           the
           Peeres
           )
           was
           so
           farre
           from
           being
           a
           meanes
           to
           prevent
           danger
           ,
           that
           if
           it
           should
           have
           beene
           admitted
           ,
           it
           would
           in
           all
           probabilitie
           ,
           have
           beene
           the
           ready
           way
           to
           confusion
           ,
           and
           ruine
           ,
           as
           being
           made
           in
           an
           unparliamentary
           ,
           unpresidented
           ,
           and
           unjustifiable
           way
           ,
           and
           therefore
           of
           a
           most
           dangerous
           consequence
           ,
           both
           to
           Vs
           and
           Our
           people
           ,
           as
           well
           in
           that
           particular
           ,
           as
           in
           the
           Example
           .
        
         
           Wee
           did
           therefore
           for
           the
           avoyding
           of
           the
           perill
           of
           delayes
           ,
           and
           expence
           of
           time
           in
           disputes
           ,
           issue
           forth
           such
           Our
           severall
           Commissions
           of
           Array
           into
           Our
           severall
           Counties
           ,
           as
           upon
           great
           advice
           ,
           Wee
           conceive
           were
           not
           only
           secured
           for
           ,
           but
           
           also
           might
           well
           be
           most
           satisfactory
           unto
           both
           Our
           Houses
           ,
           as
           being
           beyond
           all
           just
           exception
           in
           the
           point
           of
           Legality
           ,
           Danger
           ,
           or
           Inconvenience
           ,
           the
           same
           having
           beene
           heretofore
           most
           deliberately
           agreed
           upon
           ,
           and
           settled
           (
           as
           Wee
           shall
           herein
           shew
           )
           in
           ,
           and
           by
           the
           care
           and
           wisedome
           of
           the
           Parliament
           ,
           held
           in
           the
           fifth
           yeare
           of
           King
           
             Henry
          
           the
           fourth
           .
        
         
           And
           Wee
           expected
           for
           this
           Our
           so
           Princely
           care
           of
           Our
           People
           ,
           and
           observance
           of
           Our
           Lawes
           ,
           rather
           the
           dutifull
           thanks
           of
           both
           Our
           Houses
           ,
           then
           the
           returne
           of
           such
           an
           Answer
           or
           Declaration
           as
           causelesly
           imputes
           to
           this
           Our
           so
           well
           intended
           and
           justifiable
           an
           act
           ,
           not
           onely
           (
           upon
           mis-construction
           and
           mis-application
           of
           severall
           Acts
           and
           Declarations
           in
           Parliament
           )
           the
           taxe
           of
           illegality
           ,
           but
           also
           marketh
           it
           (
           upon
           the
           mis-representation
           of
           divers
           powers
           ,
           and
           omission
           of
           divers
           Limitations
           in
           Our
           Commission
           )
           with
           the
           brand
           of
           extream
           danger
           ,
           and
           inconvenience
           thereby
           to
           Our
           people
           ,
           and
           of
           an
           heavier
           yoke
           of
           Bondage
           then
           either
           that
           of
           the
           late
           Ship
           money
           ,
           or
           any
           other
           charge
           taken
           away
           this
           Parliament
           .
        
         
           In
           all
           which
           ,
           for
           the
           better
           and
           further
           satisfaction
           of
           Our
           well-affected
           people
           ,
           and
           to
           save
           them
           (
           if
           possible
           )
           from
           incurring
           any
           danger
           either
           by
           obeying
           that
           Ordinance
           ,
           or
           disobeying
           
           Our
           Commissions
           ,
           (
           in
           both
           which
           We
           are
           resolved
           to
           require
           a
           strict
           examination
           and
           account
           )
           We
           have
           taken
           the
           pains
           to
           examine
           the
           said
           Declaration
           ,
           and
           the
           Objections
           therein
           against
           Our
           Commissions
           .
        
         
           And
           for
           the
           better
           understanding
           of
           the
           severall
           particular
           doubts
           which
           are
           now
           raised
           thereupon
           ,
           We
           hold
           it
           necessary
           in
           the
           first
           place
           ,
           to
           set
           forth
           the
           true
           end
           of
           these
           Commissions
           ,
           with
           the
           severall
           Powers
           and
           Limitations
           thereof
           ,
           which
           by
           this
           Declaration
           are
           drawne
           into
           question
           ,
           together
           with
           the
           severall
           mis-representations
           thereof
           in
           this
           Declaration
           .
        
         
           The
           Subjects
           being
           of
           three
           sorts
           ;
           Some
           having
           good
           estates
           ,
           and
           able
           bodies
           ;
           Others
           ,
           being
           of
           good
           estates
           ,
           but
           impotent
           ;
           Others
           ,
           able
           of
           body
           ,
           but
           not
           in
           estate
           :
           And
           the
           service
           required
           ,
           being
           for
           the
           necessary
           defence
           of
           our
           Kingdome
           in
           generall
           ,
           in
           the
           time
           of
           danger
           .
        
         
           The
           Commissioners
           are
           to
           cause
           those
           of
           the
           first
           sort
           ,
           to
           Arme
           themselves
           according
           to
           their
           degree
           and
           estate
           ,
           (
           and
           serving
           in
           Person
           ,
           they
           are
           not
           bound
           by
           this
           Commission
           to
           find
           Arms
           for
           any
           others
           .
           )
        
         
           Those
           who
           (
           having
           estates
           )
           are
           not
           able
           to
           serve
           in
           Person
           ,
           are
           to
           be
           assessed
           ,
           and
           may
           be
           distrained
           to
           finde
           Arms
           for
           others
           ,
           according
           to
           
           the
           quantity
           of
           their
           Lands
           and
           Goods
           ;
           But
           with
           this
           Limitation
           ,
           
             prout
             rationabiliter
             portare
             poterunt
             ,
             &
             salvo
             statu
             suo
             ;
          
           that
           is
           ,
           That
           they
           be
           charged
           but
           moderately
           ,
           and
           so
           as
           they
           may
           live
           still
           ,
           according
           to
           their
           former
           condition
           .
        
         
           As
           for
           those
           of
           the
           third
           sort
           ,
           who
           are
           not
           able
           to
           Arm
           themselves
           ,
           by
           this
           Commission
           ,
           as
           it
           was
           altered
           by
           common
           consent
           in
           5.
           
             H.
          
           4.
           (
           for
           it
           was
           otherwise
           before
           that
           time
           )
           they
           are
           not
           (
           as
           to
           this
           matter
           of
           Arming
           )
           medled
           withall
           .
        
         
           And
           therefore
           this
           part
           of
           the
           Commission
           is
           mis-represented
           in
           the
           Declaration
           .
           Which
           supposeth
           a
           Power
           given
           by
           this
           Commission
           ,
           to
           charge
           all
           men
           
             without
             distinction
             ,
          
           with
           Arms
           ,
           
             at
             the
             discretion
             of
          
           the
           Commissioners
           ,
           
             without
             Limitation
             ;
          
           and
           those
           that
           are
           able
           ,
           
             to
             finde
             Arms
             ;
          
           and
           such
           as
           are
           impotent
           ,
           
             to
             finde
             men
             at
             Arms
             ,
          
           according
           to
           the
           quantity
           of
           their
           Lands
           and
           Goods
           ;
           And
           also
           wholly
           omits
           the
           manner
           of
           the
           charging
           them
           ,
           which
           is
           
             to
             be
             moderately
             ,
             and
             so
             as
             they
             may
             still
             live
             ,
             according
             to
             their
             former
             condition
          
        
         
           The
           Commission
           having
           thus
           ,
           with
           equality
           ,
           and
           indifferency
           ,
           charged
           Our
           Subjects
           with
           provision
           of
           Arms
           ,
           it
           further
           provides
           for
           their
           calling
           together
           ,
           training
           ,
           and
           exercising
           ,
           not
           (
           as
           it
           is
           in
           the
           Declaration
           )
           generally
           
             at
             the
             pleasure
             of
             
             the
             Commissioners
             ,
             without
             restraint
             either
             of
             time
             or
             place
             :
          
           )
           But
           that
           they
           shall
           be
           called
           together
           ,
           
             ad
             certos
             dies
             &
             loca
             quos
             videritis
             magis
             competentes
             &
             expedientes
             ,
             &
             pro
             populo
             nostro
             minùs
             damnosos
             ;
          
           At
           such
           times
           and
           places
           as
           the
           Commissioners
           shall
           thinke
           to
           be
           most
           fitting
           and
           expedient
           ,
           and
           least
           hurtfull
           unto
           the
           people
           .
        
         
           And
           having
           thus
           provided
           ,
           for
           the
           Arming
           and
           preparing
           Our
           Subjects
           for
           defence
           of
           the
           Kingdome
           ;
           In
           the
           new
           place
           ,
           the
           Commission
           gives
           power
           to
           the
           Commissioners
           ,
           to
           leade
           them
           to
           the
           Sea-coast
           ,
           or
           else-where
           ;
           but
           not
           
             at
             the
             pleasure
             of
             the
             Commissioners
             ,
          
           (
           as
           may
           be
           inferred
           out
           of
           the
           Declaration
           )
           nor
           
             without
             Limitation
             ,
          
           (
           though
           omitted
           also
           in
           the
           Declaration
           )
           But
           the
           Commission
           provides
           ,
           That
           they
           are
           to
           be
           led
           to
           the
           Sea-coast
           ,
           or
           else-where
           ,
           
             ubi
             ac
             quoties
             necesse
             fuerit
             ad
             inimicos
             nostros
             expellend
             .
             debelland
             .
             &
             destruend
             .
             cum
             periculum
             immineat
             ;
          
           At
           such
           times
           and
           places
           as
           it
           shall
           be
           necessary
           for
           the
           expulsion
           ,
           vanquishing
           ,
           and
           destruction
           of
           Our
           Enemies
           ,
           when
           there
           shall
           be
           imminent
           danger
           .
           And
           it
           further
           provides
           ,
           in
           another
           part
           of
           the
           Commission
           ,
           That
           they
           shall
           be
           conducted
           ;
           
             cum
             periculum
             imminuerit
             in
             defensione
             Regni
             &
             Patriae
             tam
             ad
             Costerum
             Maris
             ,
             quàm
             alia
             loca
             ubi
             magis
             necesse
             fuerit
             ,
          
           In
           case
           of
           imminent
           danger
           ,
           for
           defence
           
           of
           the
           Kingdome
           and
           Countrey
           from
           time
           to
           time
           ,
           as
           well
           to
           the
           Sea-coast
           ,
           as
           other
           places
           where
           it
           shall
           be
           most
           necessary
           .
        
         
           And
           although
           notwithstanding
           all
           these
           limitations
           and
           cautions
           ,
           it
           be
           true
           ,
           That
           in
           this
           charging
           of
           Arms
           ,
           as
           also
           for
           the
           times
           and
           places
           of
           calling
           together
           Our
           Subjects
           ,
           and
           of
           conducting
           or
           leading
           them
           ,
           and
           the
           dangers
           upon
           which
           they
           are
           to
           be
           so
           conducted
           and
           led
           ,
           much
           is
           left
           to
           the
           discretion
           of
           the
           Commissioners
           (
           as
           it
           must
           of
           necessity
           in
           all
           Commissions
           ,
           where
           the
           places
           ,
           times
           ,
           and
           occasions
           of
           execution
           of
           them
           depend
           upon
           future
           accidents
           and
           circumstances
           ,
           and
           cannot
           be
           certainly
           knowne
           ,
           or
           described
           at
           the
           time
           of
           the
           issuing
           of
           the
           Commissions
           .
           )
           Yet
           neverthelesse
           it
           cannot
           be
           inferred
           thereupon
           ,
           That
           therefore
           Our
           Commissioners
           have
           a
           meere
           absolute
           arbitrary
           Liberty
           of
           Will
           to
           doe
           what
           they
           please
           .
           But
           that
           if
           they
           shall
           wilfully
           and
           unjustly
           grieve
           any
           of
           Our
           good
           Subjects
           ,
           in
           exceeding
           or
           not
           observing
           Our
           Limitations
           or
           Directions
           ,
           they
           are
           ,
           by
           Law
           ,
           clearely
           punishable
           by
           Indictment
           for
           the
           same
           :
           Nor
           are
           ,
           or
           shall
           any
           of
           Our
           Subjects
           so
           grieved
           ,
           be
           without
           remedy
           or
           reliefe
           .
        
         
           And
           to
           the
           end
           that
           every
           County
           ,
           so
           farre
           as
           in
           Vs
           lyeth
           ,
           should
           have
           cause
           to
           rest
           the
           more
           assured
           
           against
           any
           evill
           usage
           and
           abuse
           ;
           By
           this
           Commission
           Wee
           have
           appointed
           for
           Commissioners
           ,
           such
           as
           have
           estates
           in
           the
           severall
           Counties
           ,
           and
           are
           Persons
           of
           Honour
           and
           Reputation
           ,
           who
           are
           not
           onely
           engaged
           to
           all
           fairnesse
           out
           of
           their
           owne
           interest
           ,
           but
           also
           in
           the
           concernment
           of
           their
           Posterity
           ,
           Kindred
           ,
           Alliance
           ,
           Friends
           ,
           and
           Tenants
           ,
           and
           the
           good
           affection
           of
           their
           Countrey
           ,
           which
           to
           Persons
           of
           such
           Condition
           as
           they
           are
           ,
           is
           of
           a
           consideration
           beyond
           their
           Fortunes
           ;
           So
           that
           Wee
           hope
           their
           forwardnesse
           in
           undertaking
           this
           trouble
           for
           the
           publike
           defence
           ,
           will
           occasion
           in
           Our
           good
           Subjects
           ,
           rather
           a
           willing
           obedience
           unto
           Vs
           ,
           then
           the
           least
           distrust
           or
           jealousie
           of
           any
           of
           them
           .
        
         
           Having
           thus
           stated
           the
           substance
           of
           Our
           Commission
           ,
           and
           prevented
           that
           mis-understanding
           ,
           which
           this
           Declaration
           might
           have
           else
           begotten
           thereupon
           ;
           Wee
           (
           in
           the
           necessary
           justification
           thereof
           ,
           and
           vindication
           of
           Our
           owne
           Honour
           ,
           against
           those
           expressions
           in
           that
           Declaration
           ,
           which
           so
           nearely
           doe
           concerne
           Vs
           (
           under
           the
           Common
           name
           of
           Evill
           Councellors
           )
           as
           if
           Wee
           had
           violated
           Our
           Lawes
           ,
           even
           those
           so
           lately
           made
           ;
           broken
           Our
           often
           Protestations
           of
           governing
           according
           to
           Law
           ,
           and
           done
           that
           which
           would
           bring
           Our
           people
           into
           a
           slavery
           )
           shall
           
           now
           joyne
           issue
           with
           Our
           two
           Houses
           ,
           in
           every
           materiall
           part
           of
           their
           Declaration
           ,
           both
           in
           the
           consideration
           of
           the
           pretended
           Danger
           ,
           Inconveniency
           ,
           and
           Illegality
           .
        
         
           And
           herein
           ,
           first
           ,
           for
           the
           pretended
           Danger
           ,
           and
           Inconveniency
           so
           much
           urged
           ;
           Wee
           do
           deny
           .
        
         
           
             That
             this
             Commission
             is
             full
             of
             Danger
             ,
             or
             Inconveniency
             to
             Our
             Subjects
             ,
             or
             will
             bring
             an
             heavier
             Yoke
             of
             Bondage
             then
             the
             Ship-money
             ,
             or
             any
             other
             illegall
             charge
             ,
             taken
             away
             this
             Parliament
             ;
             or
             indeed
             ,
             any
             Danger
             or
             Inconvenience
             at
             all
             .
          
        
         
           And
           therein
           Wee
           appeale
           to
           each
           good
           mans
           conscience
           and
           reasonable
           understanding
           :
           In
           a
           Kingdome
           (
           as
           this
           is
           )
           which
           in
           its
           fundamentall
           policy
           (
           as
           well
           for
           its
           owne
           assurance
           ,
           against
           the
           danger
           of
           Forraigne
           Aids
           ,
           as
           the
           bad
           use
           that
           might
           bee
           made
           of
           great
           constant
           Forces
           (
           whether
           forraigne
           or
           native
           )
           must
           necessarily
           be
           defended
           by
           it selfe
           :
           What
           other
           way
           of
           defence
           can
           be
           imagined
           but
           by
           the
           Subject
           ?
           What
           more
           reasonable
           proportion
           of
           charging
           them
           can
           bee
           found
           ?
           Wherein
           can
           the
           Limitation
           of
           the
           (
           otherwise
           Arbitrary
           )
           Discretion
           be
           bettered
           ?
           Or
           how
           ,
           in
           any
           one
           particular
           ,
           can
           a
           more
           equall
           &
           fitting
           way
           be
           taken
           for
           the
           avoyding
           the
           grieving
           Our
           good
           Subjects
           in
           their
           own
           particulars
           ?
           Yet
           withall
           providing
           for
           the
           defence
           of
           our
           Kingdome
           
           in
           the
           generall
           ,
           then
           is
           by
           this
           Commission
           ?
        
         
           And
           Wee
           cannot
           but
           professe
           Our
           Wonder
           ,
           That
           since
           (
           as
           Wee
           shall
           shew
           )
           this
           very
           Commission
           was
           with
           so
           much
           care
           ,
           both
           in
           respect
           
             of
             the
             Commissioners
             ,
          
           and
           
             the
             powers
             of
             execution
             thereof
             ,
             over
             the
             persons
             to
             be
             commanded
             ,
          
           allowed
           ,
           and
           setled
           in
           all
           points
           ,
           to
           the
           very
           desires
           of
           the
           people
           (
           and
           that
           in
           Parliament
           )
           in
           the
           fifth
           yeare
           of
           King
           
             H.
          
           4
           how
           such
           Danger
           ,
           Inconvenience
           ,
           and
           Bondage
           ,
           can
           be
           by
           Our
           two
           Houses
           imagined
           in
           this
           Act
           of
           Ours
           ,
           without
           violating
           that
           rule
           ,
           so
           often
           urged
           by
           them
           (
           though
           not
           so
           properly
           applyed
           to
           them
           without
           Vs
           )
           That
           a
           dishonourable
           thing
           ought
           not
           to
           bee
           imagined
           of
           the
           Parliament
           .
           And
           it
           is
           as
           strange
           to
           Vs
           ,
           that
           all
           this
           should
           happen
           by
           this
           Commission
           ,
           and
           yet
           that
           Our
           Subjects
           should
           ,
           for
           so
           many
           yeares
           past
           ,
           have
           enjoyed
           so
           many
           happy
           dayes
           in
           the
           reigne
           of
           Queene
           
             Elizabeth
             ,
          
           and
           Our
           Father
           ,
           both
           of
           blessed
           memory
           ,
           under
           the
           provision
           of
           
             Lieutenancy
             ,
          
           which
           is
           agreed
           by
           this
           Declaration
           
             to
             be
             little
             differing
          
           from
           those
           of
           the
           Commissions
           of
           Array
           
             in
             the
             Powers
             .
          
        
         
           And
           lastly
           ,
           Wee
           demand
           ,
           Whether
           the
           persons
           appointed
           over
           the
           
             Militia
          
           by
           Our
           Houses
           of
           Parliament
           ,
           have
           not
           ,
           by
           their
           pretended
           Ordinance
           or
           Orders
           ,
           most
           of
           those
           powers
           ;
           nay
           ,
           some
           greater
           
           over
           the
           Subject
           ,
           in
           this
           matter
           of
           the
           
             Militia
             ,
          
           then
           are
           in
           this
           Commission
           ?
           and
           how
           they
           themselves
           can
           imagine
           these
           powers
           to
           be
           of
           a
           better
           nature
           by
           their
           authority
           ,
           then
           they
           are
           by
           Ours
           ?
        
         
           And
           as
           to
           this
           taxe
           of
           danger
           and
           inconvenience
           ,
           as
           in
           the
           generall
           it
           did
           require
           no
           answer
           at
           all
           ,
           (
           though
           for
           the
           satisfaction
           of
           Our
           people
           ,
           Wee
           have
           therein
           thus
           enlarged
           Our selves
           )
           so
           for
           that
           particular
           of
           the
           Yoke
           of
           Bondage
           thereby
           ,
           in
           making
           it
           heavier
           then
           that
           of
           Ship-money
           ,
           since
           they
           have
           not
           shewed
           in
           what
           particulars
           ,
           Wee
           shall
           say
           no
           more
           but
           this
           :
           That
           by
           this
           Commission
           
             no
             money
          
           at
           all
           comes
           to
           Vs
           ,
           or
           to
           Our
           dispose
           ;
           nor
           is
           any
           money
           appointed
           to
           be
           
             raised
             ,
          
           but
           onely
           
             Arms
             provided
             :
          
           And
           the
           
             Arms
          
           which
           Our
           Subjects
           are
           charged
           to
           
             beare
          
           or
           
             finde
             ,
          
           are
           to
           bee
           their
           
             owne
          
           proper
           goods
           (
           which
           Sir
           
             Richard
             Hutton
             ,
          
           in
           his
           Argument
           in
           print
           against
           the
           Ship-money
           ,
           well
           observed
           ,
           and
           thereby
           differenced
           the
           providing
           of
           Arms
           ,
           and
           payment
           of
           Ship-mony
           )
           and
           are
           provided
           
             once
          
           for
           all
           ,
           and
           not
           
             yearly
          
           to
           be
           renewed
           ,
           as
           taxes
           for
           money
           might
           bee
           ,
           and
           remaine
           in
           their
           
             owne
             custody
             ,
          
           and
           for
           their
           owne
           defence
           as
           well
           as
           Ours
           .
        
         
           Wee
           shall
           now
           proceed
           unto
           the
           next
           generall
           issue
           ,
           touching
           the
           pretended
           illegality
           of
           Our
           Commission
           of
           Array
           ,
           and
           shall
           justifie
           the
           legality
           
           thereof
           by
           
             Common
             Law
             ,
          
           and
           by
           the
           
             practise
          
           of
           former
           Ages
           conforme
           to
           it
           ;
           and
           by
           
             Statutes
          
           in
           the
           very
           point
           against
           all
           the
           severall
           pretences
           mentioned
           in
           the
           Declaration
           ,
           whereunto
           Wee
           shall
           give
           particular
           Answers
           .
        
         
           And
           Wee
           shall
           first
           begin
           with
           the
           
             Common
             Law
             ,
          
           whereunto
           the
           Declaration
           saith
           ,
           this
           Commission
           is
           contrary
           ;
           and
           therein
           affirme
           ,
        
         
           
             That
             this
             Our
             Commission
             is
             warranted
             by
             the
             very
             fundamentals
             of
             Our
             Government
             ,
             and
             (
             as
             VVee
             said
             in
             Our
             late
             Proclamation
             )
             the
             right
             of
             issuing
             thereof
             is
             inherent
             in
             Our
             Crowne
             .
          
        
         
           For
           since
           (
           as
           Wee
           hope
           none
           will
           deny
           )
           the
           Kingdome
           must
           of
           necessity
           be
           ever
           in
           readinesse
           (
           in
           time
           of
           danger
           at
           least
           )
           by
           power
           of
           Arms
           to
           prevent
           or
           suppresse
           Rebellion
           at
           home
           ,
           and
           Invasion
           from
           abroad
           ;
           and
           to
           that
           end
           the
           Subject
           must
           be
           armed
           and
           prepared
           before
           hand
           ,
           and
           conducted
           after
           ,
           as
           there
           shall
           be
           occasion
           :
           And
           that
           this
           cannot
           be
           done
           without
           a
           Command
           or
           Government
           ,
           Wee
           desire
           much
           to
           know
           in
           vvhom
           ,
           out
           of
           Parliament
           ,
           (
           for
           Parliaments
           are
           not
           alwayes
           ,
           nor
           can
           bee
           called
           at
           all
           times
           ,
           or
           meet
           on
           the
           suddaine
           )
           this
           power
           can
           be
           but
           in
           Vs
           as
           the
           Supreame
           Governour
           ;
           (
           as
           it
           is
           in
           all
           other
           States
           ,
           be
           the
           persons
           of
           the
           Governours
           one
           or
           more
           ,
           according
           to
           the
           forme
           of
           each
           State
           )
           
           And
           can
           the
           Supreame
           Governour
           ,
           according
           to
           his
           duty
           ,
           and
           Our Selfe
           more
           particularly
           ,
           according
           to
           Our
           Oath
           ,
           otherwise
           afford
           Our
           people
           that
           protection
           which
           is
           due
           unto
           them
           ,
           in
           maintaining
           to
           them
           the
           Lawes
           in
           the
           matter
           of
           Property
           and
           Liberty
           against
           private
           injury
           or
           oppression
           ,
           As
           well
           as
           Our Selfe
           ,
           and
           them
           ,
           and
           whatsoever
           is
           deare
           unto
           any
           of
           Vs
           ,
           against
           Enemies
           or
           Rebels
           ,
           especially
           the
           just
           Rights
           and
           Prerogatives
           of
           Our
           Crowne
           ,
           wherewith
           God
           hath
           trusted
           Vs
           ,
           (
           according
           to
           the
           fundamentall
           and
           well-established
           policy
           of
           Our
           State
           )
           as
           well
           for
           the
           peoples
           good
           as
           Our
           owne
           honour
           ,
           both
           which
           must
           bee
           preserved
           ;
           And
           will
           any
           man
           say
           ,
           that
           by
           calling
           of
           Our
           Parliament
           ,
           (
           which
           is
           but
           a
           meeting
           of
           Vs
           and
           Our
           Subjects
           ,
           (
           and
           such
           they
           continue
           as
           well
           collectively
           in
           the
           two
           Houses
           ,
           as
           they
           were
           before
           singly
           )
           and
           a
           meeting
           in
           its
           owne
           nature
           dissolvable
           at
           Our
           pleasure
           ;
           and
           though
           now
           enlarged
           by
           Vs
           in
           time
           ,
           yet
           not
           in
           power
           )
           Wee
           are
           growne
           lesse
           ,
           or
           departed
           with
           any
           thing
           to
           them
           either
           by
           way
           of
           abdication
           ,
           or
           communication
           of
           Our
           Royall
           Power
           ?
           This
           upon
           the
           common
           principles
           of
           Reason
           and
           Government
           is
           so
           obvious
           to
           every
           man
           ,
           that
           Wee
           shall
           for
           the
           present
           proceed
           no
           further
           therein
           ,
           either
           by
           quotations
           of
           Acts
           of
           
           Parliament
           ,
           or
           other
           legall
           authorities
           ,
           (
           some
           whereof
           Wee
           have
           recited
           in
           Our
           late
           Proclamations
           )
           till
           Our
           two
           Houses
           shall
           give
           Vs
           some
           justifiable
           instance
           of
           some
           good
           time
           to
           the
           contrary
           .
        
         
           Wee
           come
           next
           to
           the
           continuall
           practice
           by
           Vs
           alleadged
           (
           being
           alone
           sufficient
           to
           declare
           an
           originall
           fundamentall
           Law
           of
           Our
           Kingdome
           ,
           or
           at
           least
           by
           a
           tacite
           consent
           to
           introduce
           a
           Law
           )
           and
           to
           this
           purpose
           Wee
           shall
           shew
           that
           the
           power
           of
           
             granting
             Commissions
             for
             the
             defence
             of
             the
             Kingdome
          
           in
           the
           generall
           ,
           whereunto
           onely
           Wee
           applyed
           and
           doe
           apply
           the
           opinions
           of
           Sir
           
             Richard
             Hutton
          
           and
           Sir
           
             George
             Crook
          
           (
           not
           meaning
           therein
           ,
           
           as
           neither
           in
           Our
           Proclamation
           (
           as
           is
           clearely
           mistaken
           )
           the
           present
           forme
           setled
           by
           5.
           
             H.
          
           4.
           (
           which
           Wee
           Our selves
           declared
           ,
           was
           made
           upon
           alteration
           )
           though
           for
           the
           substance
           thereof
           Wee
           might
           have
           said
           so
           much
           ,
           and
           made
           it
           good
           ,
           
           as
           it
           appeares
           by
           the
           Marginall
           Quotations
           )
           is
           warranted
           by
           the
           presidents
           in
           former
           Ages
           .
        
         
         
           And
           this
           practice
           ,
           the
           Penner
           of
           this
           Declaration
           
           doth
           indeed
           not
           deny
           ;
           for
           having
           before
           confessed
           the
           often
           issuing
           of
           Commissions
           of
           Array
           ,
           after
           5.
           
             H.
          
           4
           in
           the
           times
           of
           
             H.
             4.
             H.
          
           5.
           and
           
             H.
          
           6.
           (
           and
           hee
           might
           have
           brought
           it
           to
           later
           times
           ,
           if
           hee
           had
           so
           pleased
           )
           he
           doth
           afterwards
           confesse
           ,
           that
           divers
           Commissions
           of
           Array
           issued
           in
           divers
           Kings
           Reignes
           before
           5.
           
             H.
          
           4.
           
           But
           as
           to
           this
           point
           of
           practice
           before
           5.
           
             H.
          
           4.
           hee
           saith
           by
           way
           of
           answer
           ,
           That
           for
           the
           most
           part
           they
           were
           warranted
           by
           particular
           Acts
           of
           Parliament
           .
           And
           yet
           amongst
           so
           many
           presidents
           of
           severall
           Commissions
           ,
           he
           gives
           instances
           onely
           of
           two
           yeares
           in
           13.
           
           &
           14.
           
             E.
          
           3.
           of
           Commissions
           of
           Array
           then
           issued
           ,
           warranted
           by
           Act
           of
           Parliament
           .
           
           Which
           ,
           if
           true
           ,
           doth
           no
           more
           disprove
           the
           legality
           of
           other
           Commissions
           of
           Array
           ,
           constantly
           issued
           without
           a
           Parliament
           ,
           then
           it
           doth
           of
           Commissions
           of
           Oyer
           and
           Terminer
           (
           which
           at
           the
           same
           time
           in
           14.
           
             E.
          
           3.
           together
           with
           the
           Commissions
           of
           Array
           ,
           were
           appointed
           to
           issue
           to
           the
           same
           persons
           )
           or
           of
           any
           other
           Act
           ,
           which
           the
           King
           doth
           by
           the
           advice
           of
           his
           Parliament
           ,
           though
           he
           may
           do
           it
           without
           them
           :
           rather
           it
           implyeth
           the
           legality
           ,
           and
           the
           former
           usage
           of
           such
           Commissions
           of
           Array
           ,
           in
           that
           it
           appoints
           such
           Commissions
           to
           issue
           ,
           but
           limits
           not
           at
           all
           the
           particular
           Clauses
           or
           Powers
           to
           be
           inserted
           therein
           ,
           as
           a
           thing
           known
           and
           usuall
           to
           be
           done
           .
        
         
         
           But
           the
           truth
           is
           ,
           both
           the
           presidents
           do
           concerne
           the
           drawing
           of
           men
           out
           of
           the
           Kingdome
           to
           a
           forraign
           Warre
           ;
           and
           so
           are
           nothing
           to
           the
           purpose
           Wee
           have
           in
           hand
           .
           And
           that
           of
           13.
           
             E.
          
           3.
           is
           not
           at
           all
           a
           Commission
           of
           Array
           ,
           but
           of
           another
           nature
           ,
           giving
           power
           to
           the
           Lord
           
             VVake
             ,
          
           and
           others
           to
           provide
           moneyes
           ,
           and
           to
           cause
           certaine
           persons
           there
           named
           ,
           who
           had
           particularly
           undertaken
           the
           service
           of
           the
           
             Scottish
          
           Warres
           ,
           
             Leur
             arraier
             &
             appareiller
             d'aller
             vers
             ,
             Newcastle
             :
          
           To
           array
           and
           prepare
           themselves
           to
           goe
           to
           Newcastle
           :
           (
           whither
           they
           were
           to
           be
           brought
           at
           the
           charge
           of
           the
           Counties
           )
           and
           to
           be
           there
           at
           a
           time
           appointed
           .
        
         
           Having
           thus
           set
           forth
           the
           continuall
           practice
           of
           issuing
           forth
           Commissions
           of
           Array
           in
           former
           ages
           (
           whereunto
           Wee
           never
           found
           ,
           till
           now
           ,
           any
           exception
           ,
           as
           for
           
             home-defence
          
           )
           and
           the
           absolute
           necessity
           thereof
           ,
           Wee
           doubt
           not
           but
           every
           indifferent
           Iudgement
           will
           easily
           conceive
           ,
           That
           this
           power
           is
           a
           right
           Vs
           by
           by
           the
           Common
           Law
           .
           And
           the
           rather
           ,
           when
           they
           shall
           consider
           ,
           That
           a
           Commission
           of
           Array
           having
           beene
           issued
           by
           the
           King
           in
           5.
           
             H.
          
           4.
           
           The
           Commons
           in
           Parliament
           ,
           that
           yeare
           did
           not
           except
           to
           any
           part
           thereof
           
             as
             illegally
             ,
          
           no
           ,
           not
           to
           the
           Clauses
           ,
           which
           seemed
           heavy
           over
           the
           Commissioners
           ;
           nor
           did
           except
           at
           all
           
             to
             any
             the
             powers
             of
             execution
             thereof
             over
             the
             persons
             
             to
             be
             commanded
             ,
          
           but
           did
           acknowledge
           the
           Royall
           assent
           ,
           for
           the
           amendment
           ,
           and
           alteration
           of
           that
           Commission
           into
           the
           now
           present
           forme
           ,
           to
           be
           an
           Act
           of
           
             great
             grace
             .
          
        
         
           And
           herein
           Wee
           cannot
           but
           admire
           ,
           that
           the
           Penner
           of
           this
           Declaration
           should
           urge
           it
           as
           a
           reason
           why
           the
           Commons
           in
           that
           Parliament
           of
           5.
           
             H.
          
           4.
           complained
           not
           for
           reliefe
           against
           the
           Commission
           in
           the
           powers
           of
           execution
           over
           the
           persons
           to
           be
           commanded
           ,
           because
           (
           as
           hee
           supposeth
           )
           they
           knew
           that
           they
           were
           so
           clearly
           against
           the
           late
           Statute
           of
           4.
           
             H.
          
           4.
           
           Whereas
           (
           if
           it
           had
           beene
           so
           )
           they
           should
           the
           rather
           have
           complained
           ,
           because
           they
           issued
           against
           so
           late
           a
           Statute
           ,
           so
           cleare
           in
           the
           point
           ,
           (
           unlesse
           the
           policy
           and
           temper
           of
           the
           times
           be
           since
           much
           altered
           )
           for
           in
           a
           matter
           of
           so
           high
           a
           nature
           as
           the
           powers
           of
           this
           Commission
           ,
           which
           (
           as
           this
           Declaration
           confesseth
           )
           did
           surely
           most
           concerne
           them
           and
           the
           Kingdome
           ,
           They
           were
           bound
           ,
           as
           well
           in
           duty
           as
           discretion
           ,
           to
           have
           sought
           remedy
           against
           so
           great
           a
           violation
           of
           the
           Law
           and
           Liberty
           ;
           and
           the
           rather
           at
           this
           time
           ,
           when
           they
           thought
           fit
           to
           petition
           against
           part
           of
           the
           Commission
           ,
           since
           an
           exception
           but
           to
           a
           part
           ,
           especially
           by
           him
           ,
           who
           ought
           to
           complaine
           against
           the
           whole
           ,
           is
           a
           violent
           presumption
           of
           his
           allowance
           of
           the
           residue
           .
        
         
         
           Wee
           come
           now
           more
           particularly
           ,
           to
           the
           examination
           of
           this
           Our
           Commission
           ,
           as
           it
           stands
           by
           Statute-Law
           ,
           and
           herein
           (
           as
           in
           the
           matter
           principally
           insisted
           upon
           in
           the
           Declaration
           to
           be
           disproved
           )
           Wee
           do
           affirme
           ,
           as
           formerly
           in
           Our
           Proclamation
           :
        
         
           
             That
             this
             Our
             Commission
             is
             warranted
             by
             Parliament
             ,
             in
          
           5.
           H.
           4.
           
        
         
           And
           to
           this
           purpose
           ,
           Wee
           do
           observe
           ;
           that
           this
           Declaration
           doth
           confesse
           ,
           That
           the
           Record
           in
           the
           Parliament
           of
           5.
           
             H.
          
           4.
           concerning
           the
           Commission
           of
           Array
           ,
           is
           an
           Act
           of
           Parliament
           ;
           And
           that
           the
           Question
           is
           now
           onely
           about
           the
           meaning
           thereof
           ,
           Whether
           the
           Parliament
           meant
           thereby
           ,
           onely
           to
           take
           away
           
             some
             penall
             clauses
             touching
             the
             Commissioners
             ;
          
           (
           as
           the
           Declaration
           affirmes
           ,
           to
           which
           purpose
           onely
           it
           alloweth
           it
           for
           an
           Act
           )
           or
           else
           to
           settle
           also
           
             the
             powers
             of
             execution
             thereof
             ,
             over
             the
             persons
             to
             be
             commanded
             ,
          
           as
           Wee
           affirme
           .
        
         
           And
           therein
           (
           as
           Wee
           do
           agree
           )
           that
           at
           the
           first
           ,
           the
           Complaint
           of
           the
           Commons
           ,
           was
           onely
           in
           respect
           of
           
             some
             Clauses
          
           &
           
             wordes
             therein
             ,
             which
             were
             Greivous
             ,
             and
             Dangerous
             to
             the
             Commissioners
             :
          
           So
           it
           cannot
           be
           denyed
           ,
           but
           that
           afterwards
           the
           Copie
           of
           the
           Commission
           so
           complained
           of
           ,
           was
           
             delivered
          
           by
           the
           King
           to
           the
           Commons
           ,
           with
           an
           expresse
           Generall
           Liberty
           (
           without
           any
           restraint
           )
           
           to
           correct
           it
           
             according
             to
             their
             owne
             mindes
             ,
          
           and
           thereupon
           the
           Commons
           did
           make
           use
           of
           that
           further
           Liberty
           ,
           and
           corrected
           the
           Copy
           ,
           in
           divers
           materiall
           
             Clauses
             ,
          
           and
           Words
           which
           concerned
           
             the
             powers
             of
             Execution
             ,
          
           as
           well
           as
           those
           ,
           which
           concerned
           
             the
             Commissioners
          
           (
           though
           the
           contrary
           be
           strangely
           affirmed
           by
           the
           Penner
           of
           this
           Declaration
           )
           as
           may
           appeare
           more
           particularly
           by
           the
           clauses
           following
           ,
           wholly
           omitted
           by
           him
           .
        
         
           1.
           
           First
           ,
           the
           Copie
           gives
           power
           ,
           
             Ad
             armari
             faciend
             .
             omnes
             illos
             qui
             de
             corpore
             sunt
             potentes
             &
             habiles
             ad
             armand
             .
             tam
             illos
             qui
             de
             suo
             proprio
             habent
             unde
             seipsos
             armare
             poterunt
             ,
             quàm
             illos
             qui
             non
             habent
             unde
             seipsos
             armare
             poterunt
             ;
          
           To
           cause
           to
           be
           armed
           ,
           all
           those
           who
           have
           of
           their
           own
           thereby
           to
           arme
           themselves
           ,
           as
           well
           as
           those
           ,
           who
           have
           not
           wherewith
           of
           their
           owne
           to
           arme
           themselves
           .
           Which
           last
           Clause
           ,
           concerning
           the
           Arming
           of
           those
           ,
           who
           are
           able
           of
           Body
           ,
           but
           not
           in
           Estate
           (
           being
           such
           as
           are
           by
           Vs
           before
           reckoned
           amongst
           the
           third
           sort
           of
           Our
           Subjects
           )
           is
           wholly
           omitted
           in
           this
           Commission
           ,
           as
           it
           now
           stands
           corrected
           in
           5.
           
             H.
          
           4.
           
        
         
           2.
           
           The
           Copie
           ,
           as
           concerning
           the
           assessing
           ,
           and
           distraining
           of
           all
           those
           who
           are
           able
           in
           their
           Estates
           ,
           but
           not
           in
           their
           Bodies
           ,
           goes
           therein
           thus
           ;
           
             Ad
             inveniend
             .
             juxta
             quantitatem
             terrarum
             &
             bonorum
             suorum
             ,
             &
             prout
             rationabiliter
             portare
             poterunt
             ,
             
             salvo
             statu
             suo
             ,
             armaturas
             hominibus
             ad
             arma
             ,
             &
             hominibus
             armatis
             ,
             &
             arous
             ,
             &
             sagittas
             sagittariis
             sic
             arraiatis
             &
             triatis
             ,
             qui
             non
             habent
             armaturas
             arcus
             &
             sagittas
             de
             suo
             proprio
             ,
             nec
             unde
             armaturas
             ,
             arcus
             ,
             &
             sagittas
             emere
             &
             providere
             poterunt
             ,
             &
             ad
             contribuend.
             expensis
             omnium
             illorum
             qui
             sic
             laborabunt
             pro
             defensione
             dicti
             Regni
             nostri
             ,
             tam
             infra
             dictum
             Com.
             nostrum
             quàm
             extra
             ,
             quandocunque
             indiguerit
             ;
             Ita
             quòd
             illi
             qui
             morabuntur
             ,
             &c.
             
          
           For
           the
           finding
           of
           Armes
           ,
           according
           to
           the
           quantity
           of
           their
           Lands
           and
           goods
           ,
           and
           as
           they
           may
           reasonably
           beare
           ,
           saving
           their
           degree
           ,
           for
           men
           at
           Armes
           ,
           and
           men
           Armed
           ;
           and
           Bowes
           and
           Arrowes
           for
           Archers
           so
           arrayed
           ,
           and
           trained
           ,
           which
           have
           not
           Arms
           ,
           Bows
           and
           Arrows
           of
           their
           owne
           ,
           nor
           have
           wherewith
           they
           can
           buy
           and
           provide
           Arms
           ,
           Bowes
           ,
           and
           Arrowes
           ;
           and
           to
           contribute
           to
           the
           expences
           of
           all
           those
           which
           shall
           so
           labour
           for
           the
           defence
           of
           Our
           said
           Kingdome
           ,
           as
           well
           within
           that
           Our
           County
           as
           without
           ,
           whensoever
           there
           shall
           be
           need
           .
           All
           which
           ,
           as
           may
           appeare
           upon
           the
           comparing
           ,
           is
           much
           beyond
           that
           Commission
           of
           5.
           
             H.
          
           4.
           as
           it
           was
           entred
           after
           the
           correction
           .
        
         
           Vpon
           these
           proceedings
           in
           5.
           
             H.
          
           4.
           the
           corrected
           Copie
           being
           presented
           to
           the
           King
           ,
           with
           a
           Prayer
           by
           the
           Commons
           ;
           
             That
             from
             thenceforth
             forward
             ,
             no
             Commission
             of
             Array
             should
             issue
             otherwise
             ,
             
             nor
             in
             other
             VVords
             ,
             then
             was
             contained
             in
             the
             Copie
             so
             corrected
             ,
             &c.
             
          
           An
           Act
           was
           thereupon
           made
           by
           the
           Kings
           Royall
           assent
           thereunto
           ,
           by
           the
           advice
           of
           the
           Lords
           .
        
         
           And
           thus
           upon
           the
           whole
           Record
           it
           is
           cleare
           ,
           That
           in
           the
           litterall
           Sence
           the
           Commission
           is
           fully
           enacted
           in
           the
           whole
           ;
           and
           We
           do
           not
           observe
           that
           to
           be
           denyed
           in
           the
           Declaration
           .
           And
           the
           Art
           of
           the
           Penner
           seems
           to
           be
           spent
           onely
           concerning
           the
           intent
           of
           the
           Parliament
           ,
           in
           labouring
           to
           prove
           ,
           That
           the
           Commons
           meant
           nothing
           in
           the
           Act
           ,
           but
           the
           taking
           away
           the
           penall
           clauses
           and
           words
           concerning
           the
           Commissioners
           .
           And
           the
           Argument
           is
           drawne
           onely
           from
           the
           end
           of
           the
           Statute
           ,
           which
           the
           Declaration
           saith
           was
           onely
           for
           the
           security
           of
           the
           Commissioners
           :
           And
           this
           the
           Penner
           goes
           about
           to
           prove
           :
           First
           ,
           from
           the
           Complaint
           ,
           as
           being
           no
           more
           .
           Secondly
           ,
           from
           their
           amendment
           of
           the
           Copie
           ,
           as
           being
           onely
           concerning
           the
           Commissioners
           .
           Thirdly
           ,
           from
           the
           Prayer
           ,
           being
           to
           the
           same
           purpose
           .
           Fourthly
           ,
           out
           of
           the
           occasion
           ,
           as
           supposing
           the
           Act
           necessary
           on
           the
           part
           of
           the
           Commissioners
           ,
           not
           on
           the
           ,
           part
           of
           the
           persons
           to
           be
           commanded
           .
           Lastly
           ,
           out
           of
           the
           subsequent
           practice
           of
           issuing
           Commissions
           ,
           that
           there
           never
           went
           out
           one
           agreeable
           with
           the
           Copie
           so
           corrected
           .
        
         
         
           And
           herein
           ,
           to
           justifie
           this
           Our
           sence
           on
           this
           Act
           of
           Parliament
           of
           5.
           
             H.
          
           4.
           and
           withall
           ,
           to
           shew
           the
           errours
           and
           mistakes
           of
           the
           Declaration
           in
           frame
           of
           the
           Argument
           to
           the
           contrary
           ;
           the
           state
           of
           the
           Case
           stands
           thus
           briefly
           .
        
         
           The
           Commons
           complained
           but
           against
           the
           Penall
           Clauses
           upon
           the
           Commissioners
           (
           which
           Wee
           agree
           )
           at
           first
           ;
           but
           afterwards
           ,
           the
           King
           left
           them
           at
           liberty
           to
           correct
           the
           whole
           ,
           as
           they
           pleased
           .
           And
           now
           they
           alter
           their
           minde
           ,
           and
           doe
           not
           rest
           in
           correction
           of
           those
           Penall
           Clauses
           upon
           the
           Commissioners
           ,
           according
           to
           their
           first
           desire
           ,
           but
           (
           as
           it
           is
           plaine
           upon
           the
           compare
           of
           the
           Copie
           ,
           as
           it
           was
           corrected
           ,
           with
           the
           Commission
           formerly
           issued
           ,
           the
           not
           observing
           whereof
           was
           the
           great
           mistake
           ,
           that
           doutblesse
           now
           mis-led
           Our
           two
           Houses
           )
           the
           Commons
           likewise
           (
           as
           wise
           men
           )
           who
           would
           not
           wave
           the
           advantage
           of
           a
           proffered
           favour
           from
           the
           King
           ,
           did
           correct
           the
           Commission
           also
           in
           the
           powers
           of
           execution
           over
           the
           persons
           to
           be
           commanded
           :
           And
           thereupon
           the
           corrected
           Copie
           being
           presented
           ,
           and
           the
           Commons
           expecting
           ,
           that
           even
           presently
           (
           for
           there
           was
           then
           occasion
           )
           and
           often
           afterwards
           Commissions
           of
           Array
           would
           (
           as
           they
           did
           in
           truth
           )
           issue
           forth
           ,
           did
           pray
           not
           only
           for
           the
           indemnity
           of
           the
           Commissioners
           ,
           which
           had
           bin
           indeed
           
           but
           answerable
           to
           the
           first
           complaint
           ;
           But
           in
           the
           first
           place
           ,
           they
           made
           their
           Prayer
           in
           these
           Words
           ;
           
             That
             from
             thenceforth
             forward
             ,
             no
             Commission
             of
             Array
             should
             issue
             otherwise
             ,
             nor
             in
             other
             words
             then
             is
             contained
             in
             the
             said
             Copie
          
           (
           so
           corrected
           )
        
         
           This
           now
           being
           apparently
           the
           true
           state
           of
           the
           whole
           case
           (
           cleared
           from
           all
           mistakes
           )
           we
           think
           it
           so
           plaine
           ,
           that
           it
           requireth
           no
           further
           Argument
           to
           manifest
           ,
           That
           the
           intention
           of
           the
           Parliament
           ,
           was
           both
           to
           settle
           the
           Clauses
           concerning
           the
           Powers
           of
           execution
           ,
           and
           the
           Clauses
           concerning
           the
           Commissioners
           .
           Thus
           then
           Wee
           passe
           over
           to
           the
           Answer
           of
           the
           Objections
           .
        
         
           First
           then
           ,
           for
           the
           first
           pretence
           ,
           That
           the
           complaint
           was
           solely
           on
           the
           behalfe
           of
           the
           Commissioners
           ,
           Wee
           agree
           it
           to
           be
           true
           ,
           and
           perhaps
           the
           Commons
           had
           no
           further
           thought
           at
           the
           begining
           ,
           nor
           till
           after
           an
           occasion
           given
           by
           the
           offer
           of
           the
           Liberty
           for
           a
           totall
           reformation
           :
           But
           then
           they
           might
           desire
           an
           alteration
           accordingly
           .
        
         
           For
           the
           second
           pretence
           ,
           (
           which
           destroyed
           ,
           makes
           an
           end
           of
           the
           question
           )
           That
           the
           Commons
           made
           no
           amendment
           in
           the
           Powers
           of
           execution
           over
           the
           persons
           to
           be
           commanded
           ;
           It
           is
           apparently
           mistaken
           ,
           as
           appeares
           by
           the
           particular
           instances
           before
           mentioned
           .
        
         
           For
           the
           third
           pretence
           of
           the
           Prayer
           ,
           (
           which
           
           came
           not
           till
           after
           the
           Commission
           was
           in
           all
           points
           so
           as
           before
           corrected
           )
           That
           the
           Commons
           did
           not
           desire
           any
           amendment
           or
           Declaration
           concerning
           the
           Powers
           of
           execution
           ,
           that
           is
           also
           mistaken
           ;
           For
           having
           made
           those
           severall
           amendments
           ,
           in
           the
           very
           first
           place
           (
           before
           any
           particular
           desired
           on
           the
           behalfe
           of
           the
           Commisisioners
           )
           their
           prayer
           is
           as
           generall
           ,
           as
           their
           amendments
           ,
           
             That
             from
             thenceforth
             forward
             ,
             No
             Commission
             should
             issue
             otherwise
             ,
             nor
             in
             other
             words
             ,
             then
             is
             contained
             in
             the
             said
             Copie
             .
          
        
         
           For
           the
           fourth
           pretence
           ,
           That
           it
           was
           unnecessary
           to
           take
           care
           of
           the
           persons
           to
           be
           commanded
           ,
           because
           that
           the
           Powers
           of
           execution
           over
           them
           were
           against
           1.
           
             E.
             3.
             cap.
             5.
             25.
             E.
             3.
             cap.
          
           8.
           and
           4.
           
             H.
          
           4.
           
             cap.
          
           13.
           and
           that
           the
           Commissions
           of
           that
           kind
           were
           then
           so
           lately
           damned
           in
           4.
           
             H.
          
           4.
           
           Wee
           Answer
           ,
           That
           if
           it
           were
           so
           ,
           there
           was
           the
           more
           necessity
           for
           them
           to
           complaine
           ,
           as
           We
           have
           shewed
           before
           .
           But
           in
           this
           also
           ,
           though
           it
           be
           needlesse
           ,
           We
           shall
           herein
           further
           cleare
           Our
           Commission
           from
           those
           Statutes
           .
        
         
           As
           for
           the
           occasion
           of
           reliefe
           for
           the
           Commissioners
           more
           then
           for
           the
           persons
           to
           be
           commanded
           ,
           We
           say
           ,
           the
           Commons
           could
           not
           but
           know
           that
           there
           was
           no
           more
           occasion
           for
           the
           one
           ,
           then
           for
           the
           other
           :
           For
           the
           same
           Law
           of
           4.
           
             H.
          
           4.
           if
           it
           
           had
           (
           as
           is
           pretended
           by
           the
           Declaration
           ,
           )
           expresly
           damned
           the
           Commission
           as
           unlawfull
           in
           the
           Powers
           ,
           that
           (
           without
           more
           )
           had
           apparently
           ,
           to
           every
           common
           Iudgement
           ,
           sufficiently
           secured
           the
           Commissioners
           against
           all
           refusalls
           ;
           And
           in
           truth
           ,
           the
           persons
           to
           be
           commanded
           ,
           being
           most
           of
           them
           of
           the
           lower
           sort
           ,
           had
           more
           reason
           to
           feare
           the
           Commissioners
           ,
           then
           the
           ,
           Commissioners
           ,
           being
           men
           of
           Power
           ,
           had
           to
           feare
           any
           trouble
           by
           Fine
           or
           Imprisonment
           ,
           or
           otherwise
           ,
           from
           any
           of
           the
           Courts
           above
           ,
           especially
           in
           a
           time
           when
           Parliaments
           were
           so
           frequent
           .
        
         
           For
           the
           last
           pretence
           of
           contrary
           practice
           ,
           Our
           Answer
           is
           :
           First
           ,
           We
           deny
           this
           (
           which
           the
           Declaration
           affirmes
           )
           That
           though
           many
           Commissions
           of
           Array
           did
           issue
           out
           after
           5.
           
             H.
          
           4.
           yet
           none
           of
           them
           did
           agree
           with
           it
           in
           words
           and
           matter
           :
           For
           We
           say
           ,
           That
           divers
           Commissions
           were
           the
           very
           same
           ,
           
           saving
           in
           those
           things
           which
           were
           necessarily
           ,
           and
           as
           of
           course
           ,
           to
           be
           changed
           ,
           as
           (
           amongst
           others
           )
           may
           be
           seene
           in
           the
           after
           times
           of
           King
           
             Henry
          
           the
           fourth
           .
        
         
           And
           as
           unto
           the
           pretended
           contrary
           practice
           ,
           Wee
           agree
           that
           it
           is
           true
           ,
           Divers
           Commissions
           of
           Array
           did
           issue
           out
           ,
           which
           do
           vary
           from
           this
           Statute
           of
           5.
           
             H.
          
           4.
           yet
           Wee
           deny
           that
           they
           must
           be
           therefore
           contrary
           to
           it
           ;
           For
           (
           however
           upon
           the
           
           Commission
           of
           5
           
             H.
          
           4
           as
           it
           was
           corrected
           in
           the
           severall
           Clauses
           in
           such
           manner
           as
           before
           )
           it
           is
           enacted
           that
           from
           thenceforth
           forward
           no
           Commission
           should
           issue
           out
           otherwise
           then
           is
           contained
           in
           that
           copie
           ;
           yet
           it
           is
           most
           evident
           notwithstanding
           ,
           that
           the
           meaning
           of
           the
           Law
           could
           never
           be
           to
           tye
           the
           King
           to
           the
           very
           words
           of
           that
           copie
           ;
           For
           then
           at
           all
           times
           the
           Commissions
           must
           have
           begun
           with
           
             Rex
             ,
             &c.
          
           and
           not
           
             Carolus
             ,
          
           or
           
             Regina
             ,
          
           and
           ended
           with
           the
           same
           
             Teste
          
           for
           time
           and
           place
           ,
           and
           just
           the
           same
           
             preamble
          
           of
           danger
           ,
           be
           it
           true
           or
           false
           (
           whatsoever
           other
           occasion
           had
           been
           )
           must
           have
           been
           meant
           to
           be
           expressed
           ;
           All
           which
           are
           absurd
           .
           And
           in
           this
           ,
           as
           in
           all
           Acts
           of
           Parliament
           ,
           as
           well
           as
           in
           Wills
           ,
           the
           intent
           clearly
           and
           necessarily
           appearing
           out
           of
           the
           Act
           it selfe
           ,
           is
           the
           Law
           ,
           which
           in
           this
           case
           was
           not
           so
           much
           to
           tye
           to
           the
           very
           identicall
           words
           ,
           as
           ,
           
             That
             the
             King
             should
             not
             issue
             out
             any
             Commissions
             of
             Array
             which
             should
             exceed
             this
             which
             was
             so
             settled
             by
             any
             further
             penalty
             on
             the
             Commissioners
             ;
             nor
             in
             the
             powers
             of
             execution
             upon
             the
             Persons
             to
             be
             commanded
             ;
          
           which
           sence
           appeares
           in
           this
           ,
           that
           in
           such
           a
           case
           it
           could
           never
           have
           been
           meant
           ,
           That
           the
           Powers
           of
           execution
           of
           the
           Commission
           ,
           being
           severall
           ,
           as
           to
           Array
           ,
           Assesse
           ,
           Arme
           ,
           Traine
           ,
           Muster
           ,
           and
           Conduct
           ,
           and
           all
           these
           not
           necessary
           on
           all
           occasions
           ,
           
           nor
           all
           alwayes
           equally
           fit
           to
           be
           entrusted
           to
           the
           same
           persons
           ,
           That
           the
           King
           should
           be
           bound
           at
           all
           times
           unnecessarily
           to
           command
           the
           execution
           of
           them
           all
           ,
           and
           equally
           to
           entrust
           the
           same
           persons
           with
           them
           all
           ,
           as
           he
           must
           have
           done
           in
           case
           the
           Act
           had
           beene
           litterally
           to
           be
           expounded
           in
           each
           title
           .
        
         
           The
           truth
           is
           ,
           many
           Commissions
           did
           vary
           ,
           yet
           still
           were
           warranted
           ,
           as
           not
           exceeding
           that
           of
           5.
           
             H.
          
           4.
           in
           the
           powers
           .
           As
           sometimes
           granting
           but
           part
           of
           them
           ,
           when
           there
           was
           no
           cause
           to
           use
           all
           ;
           as
           also
           ,
           some
           varyed
           on
           the
           occasion
           ,
           as
           sometimes
           providing
           against
           an
           invasion
           ,
           in
           this
           or
           that
           part
           onely
           ,
           sometimes
           more
           generall
           throughout
           the
           Kingdome
           :
           And
           lastly
           ,
           it
           is
           true
           that
           some
           were
           upon
           occasion
           of
           rebellion
           ,
           for
           which
           there
           is
           as
           much
           cause
           as
           against
           a
           forraign
           enemy
           ,
           for
           those
           Commissions
           are
           not
           against
           5.
           
             H.
          
           4.
           which
           was
           a
           president
           ,
           onely
           for
           the
           power
           of
           execution
           of
           Commissions
           of
           Array
           (
           whatsoever
           might
           be
           the
           necessary
           occasion
           to
           issue
           them
           )
           And
           as
           this
           particular
           Commission
           sent
           forth
           in
           5.
           
             H.
          
           4.
           and
           thus
           after
           corrected
           ,
           was
           on
           the
           occasion
           of
           the
           feare
           of
           the
           
             French
             ,
          
           and
           therefore
           was
           upon
           that
           accident
           made
           onely
           as
           against
           an
           Enemy
           ;
           so
           if
           according
           to
           former
           practice
           the
           like
           had
           then
           issued
           in
           case
           of
           Rebellion
           (
           in
           which
           case
           perhaps
           Rebellion
           
           had
           beene
           mentioned
           as
           the
           cause
           )
           then
           the
           suppression
           of
           Rebellion
           might
           have
           beene
           inserted
           in
           this
           president
           ,
           and
           then
           the
           Argument
           might
           have
           beene
           at
           this
           day
           used
           as
           well
           against
           the
           warrantablenesse
           of
           this
           Commission
           in
           case
           of
           Invasion
           .
        
         
           And
           as
           to
           the
           president
           of
           the
           Commission
           of
           Array
           in
           6.
           
             H.
          
           4.
           cited
           in
           the
           Declaration
           as
           not
           agreeing
           with
           that
           of
           5.
           
             H.
          
           4.
           neither
           in
           words
           or
           matter
           ,
           We
           conceive
           it
           is
           in
           substance
           warranted
           by
           it
           :
           For
           there
           the
           King
           (
           upon
           occasion
           of
           the
           
             French
          
           being
           in
           
             Piccardy
             ,
          
           ready
           to
           besiege
           some
           of
           his
           Forts
           there
           ,
           and
           hearing
           that
           they
           intended
           to
           come
           to
           aide
           the
           
             VVelch
             ,
          
           being
           then
           in
           Rebellion
           )
           sends
           out
           his
           Commissions
           into
           
             Kent
             ,
             Somerset
             ,
          
           and
           other
           Counties
           ,
           to
           Array
           ,
           Train
           ,
           and
           Arme
           the
           Inhabitants
           there
           ,
           to
           the
           end
           they
           may
           be
           ready
           ,
           as
           well
           
             at
             the
             Sea-coast
             ,
             as
             else
             where
             ;
             where
             ,
             and
             as
             often
             as
             there
             shall
             be
             necessity
             for
             the
             expelling
             ,
             vanquishing
             ,
             and
             destroying
             of
             those
             enemies
             when
             there
             shall
             be
             imminent
             Danger
             ,
             as
             in
             such
             case
             had
             beene
             accustomed
             .
          
           But
           he
           thinks
           not
           fit
           to
           give
           to
           them
           the
           power
           of
           conducting
           them
           (
           which
           is
           the
           Commission
           of
           5.
           
             H.
          
           4.
           )
        
         
           But
           shortly
           after
           ,
           upon
           information
           of
           an
           intention
           of
           the
           
             VVelch
          
           to
           enter
           into
           
             England
             ,
          
           a
           Commission
           issues
           to
           Sir
           
             Thomas
             Barkley
          
           touching
           some
           
           of
           these
           Counties
           and
           others
           ,
           not
           ,
           to
           Array
           and
           Arm
           the
           inhabitants
           ,
           for
           that
           was
           done
           before
           ,
           but
           
             ad
             supervidendum
             ,
          
           to
           see
           that
           they
           were
           sufficiently
           arrayed
           ,
           according
           to
           their
           estates
           ;
           and
           to
           lead
           them
           as
           often
           as
           it
           should
           be
           needfull
           for
           resistance
           of
           the
           Rebels
           .
        
         
           So
           that
           as
           Wee
           conceive
           ,
           the
           powers
           which
           were
           put
           together
           in
           5.
           
             H.
          
           4.
           are
           here
           severed
           ;
           but
           there
           is
           nothing
           in
           either
           Commission
           which
           exceeds
           or
           crosses
           the
           powers
           settled
           by
           the
           Commission
           of
           5.
           
             H.
          
           4.
           
           Though
           if
           it
           did
           ,
           it
           might
           prove
           the
           illegalitie
           of
           those
           ;
           but
           nothing
           against
           the
           legality
           of
           Our
           Commissions
           .
        
         
           And
           if
           other
           particular
           Commissions
           had
           been
           produced
           ,
           and
           the
           differences
           particularly
           observed
           ,
           Wee
           should
           have
           beene
           the
           better
           able
           to
           have
           applyed
           Our
           answer
           thereunto
           ;
           And
           in
           the
           meane
           time
           ,
           Wee
           looke
           upon
           all
           such
           Commissions
           ,
           as
           regulated
           ,
           and
           warranted
           by
           this
           Act
           of
           5.
           
             H.
          
           4.
           and
           in
           pursuance
           thereof
           .
        
         
           Notwithstanding
           ,
           if
           some
           Commissions
           can
           be
           produced
           ,
           which
           are
           not
           warranted
           by
           5.
           
             H.
          
           4.
           
           Yet
           that
           will
           be
           no
           sufficient
           Argument
           to
           prove
           ,
           That
           this
           of
           5.
           
             H.
          
           4
           never
           meant
           to
           settle
           the
           Powers
           of
           Execution
           ,
           for
           there
           is
           no
           doubt
           ,
           but
           in
           so
           long
           a
           processe
           of
           time
           ,
           as
           since
           5.
           
             H.
          
           4
           there
           may
           have
           beene
           some
           deviation
           contrary
           unto
           the
           
           Act
           ,
           the
           same
           having
           not
           at
           all
           times
           beene
           remembred
           ,
           as
           perhaps
           also
           may
           be
           in
           the
           Clauses
           concerning
           the
           Commissioners
           ,
           which
           yet
           We
           are
           sure
           Our
           two
           Houses
           will
           not
           allow
           as
           an
           Argument
           against
           the
           force
           of
           5.
           
             H.
          
           4.
           as
           allowing
           it
           to
           be
           an
           Act
           concerning
           them
           .
        
         
           We
           might
           further
           adde
           the
           opinion
           of
           Sir
           
             Edward
             Cook
             ,
          
           (
           whose
           great
           learning
           and
           affection
           to
           the
           Rights
           and
           Liberty
           of
           the
           Subject
           are
           not
           unknown
           )
           who
           in
           his
           Treatise
           of
           the
           Jurisdiction
           of
           Courts
           (
           being
           one
           of
           those
           Books
           since
           this
           Parliament
           desired
           ,
           or
           directed
           by
           the
           House
           of
           Commons
           to
           be
           published
           )
           expresly
           declares
           ,
           That
           this
           Act
           ,
           touching
           a
           Commission
           for
           arraying
           and
           mustering
           of
           men
           ,
           is
           at
           this
           day
           of
           force
           .
        
         
           But
           if
           any
           man
           be
           yet
           unsatisfied
           with
           so
           cleare
           Reasons
           on
           Our
           part
           ,
           and
           in
           Our
           answers
           ,
           We
           shall
           conclude
           upon
           him
           with
           the
           authority
           of
           the
           whole
           Parliament
           of
           7.
           
             H.
             4.
             Rot.
             Parl.
             n.
          
           36.
           within
           two
           yeares
           after
           this
           Our
           Commission
           was
           settled
           ,
           when
           probably
           many
           of
           the
           same
           persons
           were
           members
           of
           both
           the
           Parliaments
           ,
           Whereby
           it
           appeares
           that
           this
           Act
           of
           5
           
             H.
          
           4.
           is
           so
           binding
           as
           
             unto
             all
             the
             Powers
             of
             execution
             over
             the
             persons
             to
             be
             commanded
             ,
          
           that
           the
           Clergy
           (
           who
           in
           former
           times
           had
           used
           to
           be
           arrayed
           amongst
           themselves
           by
           Writ
           or
           Commission
           
           to
           the
           Bishop
           or
           Arch-bishop
           )
           were
           bound
           ,
           as
           within
           the
           body
           of
           that
           Commission
           so
           settled
           by
           Parliament
           .
           And
           they
           thereupon
           ,
           in
           that
           very
           Parliament
           of
           7.
           
             H.
          
           4.
           are
           excepted
           out
           of
           this
           very
           Commission
           of
           5.
           
             H.
          
           4.
           which
           is
           therein
           mentioned
           ;
           and
           it
           was
           then
           enacted
           ,
           
             That
             from
             thenceforth
             the
             Clergy
             be
             not
             any
             wayes
             charged
             amongst
             the
             Laity
             for
             the
             making
             of
             any
             such
             Array
             ,
             nor
             for
             any
             contribution
             amongst
             the
             Laity
             for
             the
             same
             .
          
        
         
           Having
           thus
           clearly
           settled
           this
           Record
           of
           5.
           
             H.
          
           4.
           as
           a
           full
           Act
           of
           Parliaments
           ,
           well
           concerning
           the
           powers
           of
           execution
           over
           the
           Persons
           to
           be
           commanded
           ,
           as
           the
           taking
           away
           of
           the
           penall
           Clauses
           over
           the
           Commissioners
           ,
           There
           is
           no
           further
           necessity
           ,
           as
           to
           the
           matter
           in
           question
           ,
           to
           consider
           whether
           or
           no
           that
           this
           Commission
           in
           all
           or
           any
           part
           thereof
           be
           contrary
           to
           any
           of
           the
           former
           Acts
           of
           13.
           
             E.
             1.
             1.
             E.
             3.
             cap.
             5.
             25.
             E.
             3.
             cap.
          
           8.
           
           &
           4.
           
             H.
             4.
             cap.
          
           13.
           so
           much
           insisted
           upon
           in
           the
           Declaration
           .
           For
           that
           in
           such
           case
           ,
           the
           Act
           of
           5.
           
             H.
          
           4.
           being
           the
           latter
           had
           beene
           a
           Repeale
           of
           them
           for
           so
           much
           .
        
         
           Neverthelesse
           ,
           for
           the
           further
           satisfaction
           of
           Our
           people
           (
           as
           being
           desirous
           to
           omit
           nothing
           which
           may
           be
           done
           on
           Our
           part
           for
           the
           clearing
           of
           the
           justice
           of
           our
           actions
           )
           Wee
           shall
           also
           examine
           those
           Statutes
           so
           farre
           as
           they
           are
           made
           use
           of
           in
           this
           Declaration
           .
        
         
         
           And
           therein
           We
           professe
           the
           difficulty
           hath
           been
           more
           to
           finde
           out
           ,
           then
           to
           answer
           the
           inference
           made
           upon
           these
           Statutes
           .
           For
           the
           Declaration
           reciteth
           the
           Statute
           of
           13.
           
             E.
          
           1.
           to
           bee
           a
           particular
           Assize
           (
           or
           Assessement
           )
           of
           Arms
           ,
           both
           in
           respect
           of
           the
           
             Kinde
             of
             Armes
          
           to
           be
           found
           ,
           and
           the
           
             proportion
             of
             the
             estate
          
           of
           every
           man
           ,
           after
           which
           they
           are
           to
           be
           found
           ,
           downwards
           from
           15
           pounds
           in
           Lands
           ,
           and
           40
           Marks
           in
           Goods
           :
           And
           reciteth
           the
           Statute
           of
           1.
           
             E.
             3.
             
             That
             no
             man
             from
             thenceforth
             shall
             be
             charged
             to
             arme
             himselfe
             otherwise
             then
             he
             was
             wont
             in
             the
             time
             of
             the
             Kings
             Progenitors
             ;
             and
             that
             no
             man
             be
             compelled
             to
             goe
             out
             of
             his
             Shire
             ,
             but
             where
             necessity
             requireth
             ,
             and
             sudden
             comming
             of
             strange
             enemies
             into
             the
             Realme
             .
          
           (
           Whereupon
           it
           is
           taken
           for
           granted
           ,
           That
           the
           Statute
           of
           13.
           
             E.
          
           1.
           was
           a
           provision
           of
           Armes
           for
           defence
           extraordinary
           ,
           and
           that
           this
           Statute
           of
           1.
           
             E.
          
           3.
           was
           meant
           with
           reference
           thereunto
           )
           And
           also
           reciteth
           the
           Statute
           of
           the
           25
           yeare
           of
           
             E.
          
           3.
           (
           as
           to
           be
           to
           the
           same
           effect
           with
           the
           former
           )
           against
           
             the
             constraining
             men
             to
             finde
             men
             of
             Armes
             ,
             Hoblers
             ,
             or
             Archers
             ,
             without
             consent
             and
             grant
             made
             in
             Parliament
             .
          
           And
           lastly
           ,
           reciteth
           the
           Statute
           of
           4.
           
             H.
          
           4.
           (
           which
           confirmes
           those
           two
           Statutes
           of
           1.
           
             E.
          
           3.
           and
           25.
           
             E.
          
           3.
           )
           And
           immediately
           thereupon
           makes
           this
           conclusion
           which
           followes
           ;
           
             That
             by
             
             these
             Acts
          
           (
           not
           distinctly
           applying
           the
           severall
           matters
           to
           the
           severall
           Statutes
           )
           
             it
             clearly
             appeares
             ,
             That
             the
             King
             could
             not
             ,
             by
             the
             Law
             ,
             give
             power
             to
             impose
             Armes
             upon
             the
             Subject
             ,
          
           (
           which
           the
           Declaration
           calleth
           sometimes
           finding
           of
           Armes
           ,
           sometimes
           finding
           men
           at
           Armes
           ,
           all
           of
           different
           sences
           )
           
             or
             to
             compell
             them
             to
             be
             drawne
             out
             of
             their
             Counties
             :
          
           Which
           afterwards
           ,
           in
           stating
           the
           Case
           ,
           is
           expressed
           thus
           ,
           
             That
             the
             Subject
             was
             not
             compellable
             to
             finde
             any
             other
             Arms
             then
             was
             declared
             by
             those
             Statutes
             ,
             or
             to
             go
             out
             of
             their
             County
             ,
             but
             in
             case
             of
             Actuall
             invasion
             by
             Forraigne
             Enemies
             .
          
           Against
           which
           this
           Commission
           is
           said
           to
           be
           .
        
         
           But
           for
           Our
           clearer
           passage
           in
           this
           businesse
           ,
           We
           shall
           single
           out
           the
           severall
           Statutes
           ,
           with
           the
           Objections
           (
           as
           Wee
           conceive
           )
           intended
           upon
           each
           of
           them
           .
        
         
           For
           the
           better
           understanding
           whereof
           We
           shall
           distinguish
           of
           the
           principall
           Termes
           in
           this
           question
           used
           in
           the
           Commission
           ,
           and
           severall
           Acts
           of
           Parliament
           .
        
         
           First
           then
           ,
           as
           for
           the
           words
           of
           
             Arming
             a
             mans
             selfe
          
           used
           in
           the
           Commission
           (
           as
           also
           in
           the
           Act
           of
           1.
           
             E.
          
           3.
           )
           they
           are
           litterally
           to
           be
           taken
           for
           the
           
             providing
             of
             Armes
             for
             a
             mans
             owne
             person
             ,
          
           wherewith
           hee
           is
           to
           serve
           as
           a
           Souldier
           ,
           either
           Horse-man
           or
           Foot-man
           ,
           of
           what
           kinde
           soever
           ;
           And
           the
           
             finding
             of
             Armes
             
             for
             others
          
           in
           the
           Commission
           ,
           is
           but
           the
           finding
           the
           
             bare
             Armes
             ,
          
           without
           providing
           the
           men
           ,
           and
           are
           so
           to
           be
           taken
           here
           ,
           (
           in
           whatsoever
           sence
           they
           may
           be
           taken
           else-where
           ,
           )
           as
           may
           clearly
           appeare
           upon
           the
           very
           reading
           .
           And
           as
           for
           the
           words
           (
           
             finding
             of
             men
             of
             Armes
             ,
             &c.
          
           )
           which
           are
           the
           words
           used
           in
           the
           Statute
           of
           25.
           
             E.
          
           3.
           they
           are
           usually
           and
           properly
           enough
           taken
           for
           the
           setting
           forth
           of
           Souldiers
           ,
           the
           paying
           of
           their
           wages
           ,
           or
           contributing
           towards
           either
           of
           them
        
         
           This
           then
           being
           the
           sence
           of
           the
           words
           ,
           Wee
           now
           proceed
           to
           the
           Statutes
           ,
           and
           apply
           them
           to
           the
           two
           Objections
           ;
           the
           one
           against
           imposing
           of
           Arms
           ,
           the
           other
           against
           carrying
           out
           of
           the
           County
           :
           And
           first
           concerning
           the
           Statute
           of
           13.
           
             E.
          
           1.
           
        
         
           Thereupon
           the
           Objection
           against
           the
           power
           of
           imposing
           of
           Armes
           is
           this
           .
        
         
           This
           Statute
           appoints
           a
           particular
           Assize
           for
           the
           kindes
           of
           Armes
           and
           Proportions
           ,
           as
           before
           .
           But
           Our
           Commission
           doth
           give
           power
           to
           assesse
           for
           the
           kindes
           (
           
             any
             Armes
          
           )
           and
           for
           the
           proportions
           ,
           
             according
             to
             each
             mans
             ability
             ;
          
           (
           which
           the
           Declaration
           termes
           to
           be
           
             without
             limitation
          
           and
           at
           
             pleasure
          
           )
           and
           so
           is
           contrary
           to
           this
           Statute
           .
        
         
           To
           this
           Wee
           answer
           ;
           That
           that
           Statute
           of
           13.
           
             E.
          
           1.
           (
           besides
           that
           it
           is
           but
           an
           affirmative
           Statute
           ,
           )
           
           was
           made
           onely
           for
           the
           
             ordinary
          
           defence
           of
           the
           Kingdome
           ,
           for
           the
           
             preservation
             of
             the
             peace
          
           at
           ordinary
           times
           ;
           and
           was
           not
           intended
           as
           a
           provision
           of
           Armes
           for
           
             defence
             extraordinary
             :
          
           but
           that
           for
           the
           publique
           defence
           in
           time
           of
           Danger
           ,
           the
           King
           might
           ,
           and
           must
           charge
           other
           Armes
           ,
           and
           other
           proportions
           ,
           according
           to
           the
           exigency
           of
           the
           occasion
           .
        
         
           Both
           which
           appeare
           together
           ,
           if
           Wee
           consider
           that
           the
           provision
           in
           that
           Statute
           mentioned
           (
           which
           might
           be
           of
           use
           for
           the
           Peace
           )
           is
           very
           insufficient
           for
           the
           Service
           of
           War
           :
           For
           We
           cannot
           but
           observe
           the
           pettinesse
           of
           the
           Armes
           ,
           even
           according
           to
           the
           use
           of
           that
           time
           ;
           for
           he
           that
           was
           rated
           highest
           by
           that
           Act
           ,
           was
           to
           finde
           but
           a
           
             Hawberge
             ,
          
           (
           which
           in
           that
           place
           signifies
           a
           
             Gorget
             )
             a
             Breast-plate
             of
             Iron
             ,
             a
             Sword
             ,
             a
             Knife
             ,
          
           and
           
             a
             Horse
             :
          
           and
           others
           but
           
             Gisarms
          
           (
           which
           were
           Pike-staves
           )
           
             Knives
             ,
          
           and
           other
           lesse
           weapons
           .
           And
           yet
           at
           that
           time
           there
           were
           
             men
             at
             Armes
             ,
          
           which
           were
           Horse-men
           of
           compleat
           Armour
           ,
           
             Hoblers
             ,
          
           which
           were
           Light-horse
           ,
           and
           there
           were
           
             Pikes
             ,
             Lances
             ,
             Pole-axes
             ,
          
           and
           other
           weapons
           commonly
           used
           for
           Warre
           .
        
         
           And
           no
           lesse
           considerable
           is
           it
           to
           this
           purpose
           ,
           That
           for
           the
           charge
           of
           this
           defence
           no
           man
           of
           what
           estate
           soever
           ,
           is
           by
           this
           Act
           charged
           above
           the
           rate
           
           of
           15
           
             Pounds
             in
             Lands
             ,
          
           or
           40
           
             Marks
             in
             Goods
             ,
          
           and
           he
           that
           hath
           15
           Pounds
           in
           Land
           ,
           or
           40
           Marks
           in
           Goods
           ,
           is
           charged
           as
           high
           as
           the
           greatest
           :
           which
           is
           not
           to
           be
           imagined
           in
           case
           of
           provision
           for
           defence
           extraordinary
           .
        
         
           And
           to
           cleare
           this
           further
           out
           of
           this
           ,
           and
           other
           Acts
           ;
           it
           is
           plain
           ,
           that
           this
           very
           Act
           expresseth
           it selfe
           in
           these
           words
           ,
           
             That
             every
             man
             have
             in
             his
             house
             Harnesse
             to
             keepe
             the
             peace
             :
          
           and
           appoints
           those
           who
           are
           thereby
           assessed
           ,
           to
           pursue
           Hues
           and
           Cries
           after
           Theeves
           and
           Robbers
           ,
           (
           which
           went
           in
           those
           times
           with
           great
           strength
           ,
           and
           in
           multitudes
           )
           
             with
             their
             Horses
             and
             Armour
             .
          
           And
           the
           old
           Articles
           of
           inquiry
           upon
           that
           Statute
           ,
           being
           made
           in
           the
           same
           Kings
           raigne
           (
           and
           to
           be
           seen
           in
           the
           Statute-books
           )
           tend
           onely
           to
           inquiry
           touching
           the
           keeping
           the
           peace
           :
           as
           whether
           all
           men
           betwixt
           the
           age
           of
           fifteen
           and
           sixty
           be
           sworn
           to
           keepe
           the
           peace
           ,
           and
           whether
           they
           have
           weapons
           in
           their
           houses
           according
           to
           the
           quantity
           of
           their
           Lands
           and
           Goods
           ,
           for
           
             conservation
             of
             the
             peace
             ,
          
           according
           to
           the
           Statute
           .
           And
           the
           Statute
           of
           2.
           
             E.
             3.
             cap.
          
           6.
           renewes
           this
           Statute
           of
           13.
           
             E.
          
           1.
           in
           these
           words
           :
           Item
           ,
           
             As
             to
             the
             keeping
             of
             the
             peace
             in
             time
             to
             come
             ,
             it
             is
             ordained
             and
             enacted
             ,
             That
             the
             Statutes
             made
             in
             time
             past
             ,
             with
             the
             Statute
             of
          
           Winchester
           ,
           
             shall
             be
             observed
             and
             kept
             in
             
             every
             point
             .
          
           And
           strange
           it
           were
           to
           imagine
           ,
           that
           the
           wisdome
           of
           a
           Parliament
           ,
           in
           the
           matter
           of
           arming
           of
           the
           Subject
           ,
           made
           no
           greater
           or
           better
           provision
           against
           an
           
             Enemy
             ,
          
           then
           against
           a
           
             Theefe
             ,
          
           or
           a
           
             Rogue
             .
          
           And
           it
           is
           not
           so
           proper
           to
           charge
           the
           Subject
           at
           all
           times
           in
           the
           same
           manner
           and
           proportions
           as
           in
           times
           of
           danger
           .
        
         
           And
           lastly
           ,
           for
           further
           clearing
           this
           Our
           exposition
           of
           that
           Statute
           of
           13.
           
           
             E
          
           1.
           
           Wee
           say
           ,
           That
           although
           (
           as
           Wee
           have
           already
           shewed
           )
           the
           Commissions
           of
           Arrayes
           did
           ,
           from
           the
           time
           of
           making
           the
           Statute
           of
           13.
           
             E.
          
           1.
           frequently
           issue
           both
           before
           and
           since
           the
           Statute
           of
           5.
           
             H.
          
           4.
           yet
           none
           of
           those
           Commissions
           were
           regulated
           by
           the
           Statute
           of
           13.
           
             E.
          
           1.
           but
           either
           they
           were
           (
           as
           commonly
           )
           for
           arming
           them
           according
           to
           mens
           degrees
           &
           abilities
           ,
           without
           mentioning
           the
           Statute
           of
           13.
           
             E.
          
           1.
           
           Or
           ,
           where
           any
           did
           expresse
           the
           quality
           and
           proportion
           of
           Armes
           to
           be
           found
           ,
           They
           varyed
           from
           the
           Statute
           of
           13.
           
             E.
          
           1.
           and
           appointed
           other
           kinde
           of
           Arms
           ,
           and
           differenced
           and
           proportioned
           the
           estates
           of
           those
           who
           were
           to
           finde
           Armes
           ,
           otherwise
           then
           is
           mentioned
           in
           that
           Statute
           :
           And
           sometimes
           with
           an
           expresse
           Declaration
           ,
           that
           the
           Statute
           of
           13.
           
             E.
          
           1.
           was
           made
           for
           the
           conservation
           of
           the
           peace
           in
           a
           time
           of
           peace
           ,
           when
           there
           was
           no
           danger
           of
           a
           forraigne
           
           enemie
           .
           And
           though
           some
           use
           might
           be
           made
           of
           those
           armes
           appointed
           by
           that
           Statute
           in
           time
           of
           danger
           ,
           as
           well
           as
           any
           other
           weapon
           :
           yet
           the
           same
           was
           not
           that
           kind
           of
           armour
           ,
           which
           was
           principally
           intended
           as
           fitting
           for
           such
           defence
           ;
           as
           may
           appeare
           by
           the
           presidents
           above
           cited
           .
           And
           the
           constant
           practice
           in
           all
           after
           ages
           for
           defence
           extraordinary
           hath
           ever
           been
           with
           other
           armes
           ,
           and
           after
           other
           Proportions
           ,
           as
           Wee
           beleeve
           will
           not
           be
           denyed
           by
           any
           man
           .
        
         
           Wee
           come
           now
           to
           the
           Statute
           of
           1.
           E.
           3.
           whereupon
           the
           objection
           stands
           thus
           :
        
         
           That
           the
           Statute
           of
           13.
           
             E.
          
           1.
           having
           made
           such
           particular
           assize
           of
           Arms
           (
           as
           before
           )
           for
           the
           kinds
           and
           proportions
           ,
           this
           Statute
           doth
           ordaine
           ,
           That
           no
           man
           from
           thenceforth
           shall
           be
           charged
           to
           arme
           himselfe
           otherwise
           then
           hee
           was
           wont
           in
           the
           time
           of
           the
           Kings
           Progenitors
           :
           Meaning
           (
           as
           the
           Declaration
           takes
           it
           for
           granted
           )
           according
           to
           that
           former
           Statute
           of
           13.
           
             E.
          
           1.
           
        
         
           To
           this
           Wee
           shall
           give
           this
           answer
           :
           That
           (
           as
           Wee
           have
           proved
           before
           )
           13.
           E.
           1.
           was
           never
           meant
           as
           of
           a
           provision
           for
           defence
           extraordinary
           :
           and
           much
           lesse
           that
           the
           Statute
           of
           1.
           
             E.
          
           3.
           could
           intend
           any
           such
           thing
           .
        
         
           And
           as
           the
           Penner
           of
           that
           Declaration
           cannot
           
           therein
           shew
           any
           expresse
           reference
           to
           that
           Statute
           of
           13.
           E.
           1.
           and
           can
           ,
           at
           the
           most
           ,
           but
           barely
           conjecture
           it
           ;
           so
           on
           the
           other
           side
           ,
           Wee
           shall
           out
           of
           the
           penning
           and
           otherwise
           upon
           surer
           grounds
           conclude
           the
           contrary
           .
           For
           first
           ,
           in
           this
           case
           ,
           regularly
           ,
           if
           not
           necessarily
           ,
           (
           where
           a
           later
           Statute
           in
           the
           substance
           and
           meaning
           thereof
           wholly
           depends
           upon
           a
           former
           ,
           and
           must
           have
           reference
           thereunto
           )
           the
           Parliament
           of
           1.
           E.
           3.
           would
           have
           made
           mention
           of
           this
           Statute
           of
           13.
           E.
           1.
           (
           as
           they
           did
           thereof
           )
           the
           next
           yeare
           following
           ,
           when
           it
           was
           renued
           ,
           but
           for
           keeping
           of
           the
           peace
           .
           Next
           ,
           in
           wisedome
           it
           was
           fitting
           (
           if
           so
           be
           that
           they
           had
           intended
           a
           further
           re-establishment
           of
           the
           particularities
           of
           the
           kinds
           and
           proportions
           of
           armes
           mentioned
           in
           13.
           E.
           1.
           )
           that
           when
           they
           had
           a
           former
           Statute
           so
           punctuall
           therein
           ,
           they
           should
           not
           have
           thus
           left
           us
           for
           a
           true
           understanding
           of
           their
           meaning
           ,
           to
           a
           generall
           enquirie
           of
           the
           particular
           assize
           used
           for
           armes
           in
           former
           times
           .
        
         
           But
           on
           the
           contrary
           ,
           the
           Statute
           referring
           to
           the
           former
           usage
           ,
           in
           the
           times
           of
           the
           Kings
           Progenitors
           (
           which
           being
           indefinitely
           spoken
           ,
           Wee
           conceive
           ,
           must
           be
           understood
           of
           all
           Kings
           times
           ,
           as
           well
           before
           as
           after
           13.
           E.
           1.
           )
           the
           usage
           therein
           meant
           is
           but
           
             Consuetudo
             Angliae
             ,
          
           the
           Common
           Law
           :
           
           and
           the
           Parliament
           could
           not
           ,
           in
           all
           probability
           ,
           in
           the
           mention
           of
           so
           ancient
           an
           usage
           ,
           intend
           so
           late
           a
           Statute
           as
           this
           of
           13.
           E.
           1.
           which
           was
           but
           new
           in
           the
           particularity
           of
           the
           Assize
           ,
           though
           antient
           in
           the
           Rule
           of
           charging
           ,
           according
           to
           the
           quantities
           of
           every
           mans
           Lands
           &
           Goods
           ,
           the
           former
           Assizes
           having
           been
           also
           different
           :
           Nor
           (
           considering
           that
           of
           Necessity
           ,
           the
           severall
           kindes
           and
           proportions
           of
           Armes
           ever
           did
           ,
           and
           must
           vary
           with
           the
           times
           )
           could
           they
           intend
           ,
           that
           there
           ever
           was
           ,
           for
           the
           times
           past
           ,
           or
           could
           be
           for
           time
           to
           come
           ,
           any
           such
           constant
           rule
           of
           any
           such
           particular
           assize
           concerning
           Armes
           ,
           whereunto
           they
           could
           refer
           ,
           as
           constantly
           used
           for
           the
           times
           past
           ,
           or
           that
           might
           constantly
           endure
           for
           time
           to
           come
           :
           neither
           ever
           was
           ,
           or
           can
           there
           be
           any
           other
           constant
           rule
           ,
           then
           that
           generall
           rule
           of
           the
           Common
           Law
           (
           which
           can
           never
           faile
           )
           for
           the
           assessing
           Armes
           from
           time
           to
           rime
           ,
           for
           the
           kindes
           ,
           according
           to
           the
           present
           use
           ;
           and
           for
           proportions
           ,
           according
           to
           mens
           abilities
           .
        
         
           And
           it
           were
           very
           strange
           ,
           that
           the
           Parliament
           of
           1.
           E.
           3
           .
           could
           conceive
           ,
           That
           (
           for
           the
           defence
           extraordinary
           )
           the
           particular
           kindes
           of
           Arms
           in
           13.
           E.
           1.
           especially
           such
           petty
           provisions
           ,
           could
           be
           proper
           and
           sufficient
           at
           this
           time
           in
           1.
           E.
           3.
           and
           would
           so
           continue
           afterwards
           .
        
         
         
           And
           now
           that
           We
           have
           cleared
           this
           first
           part
           of
           the
           Statute
           of
           1.
           E.
           3.
           (
           
             as
             concerning
             the
             Arming
             a
             mans
             selfe
          
           )
           that
           it
           is
           not
           thereby
           intended
           ,
           That
           the
           Subject
           should
           not
           be
           charged
           with
           Armes
           ,
           otherwise
           then
           according
           to
           the
           Statute
           of
           13.
           E.
           1.
           
           We
           shall
           deliver
           what
           Our selves
           conceive
           of
           the
           meaning
           thereof
           ;
           And
           it
           is
           thus
           .
        
         
           Towards
           the
           end
           of
           the
           Reigne
           of
           E.
           2.
           severall
           Commissions
           of
           Array
           ,
           issued
           into
           severall
           Counties
           ;
           in
           execution
           whereof
           the
           Commissioners
           had
           much
           grieved
           and
           oppressed
           the
           Subjects
           :
           Insomuch
           ,
           that
           upon
           complaint
           ,
           speciall
           Commissions
           of
           Oyer
           and
           Terminer
           (
           usuall
           in
           those
           times
           )
           were
           sent
           forth
           for
           the
           enquiry
           after
           those
           grievances
           and
           oppressions
           .
           
           And
           although
           it
           doe
           not
           appeare
           what
           those
           were
           ,
           yet
           since
           the
           Complaint
           was
           not
           against
           the
           Commissions
           themselves
           ,
           as
           illegall
           ,
           Wee
           cannot
           conceive
           otherwise
           ,
           but
           that
           it
           was
           against
           the
           wilfull
           excesse
           of
           the
           Commissioners
           ,
           in
           their
           surcharging
           the
           Subjects
           with
           Armes
           beyond
           their
           abilities
           of
           estate
           to
           beare
           ,
           (
           as
           charging
           a
           man
           as
           a
           Horse-man
           ,
           where
           it
           had
           beene
           sufficient
           for
           for
           his
           estate
           to
           have
           borne
           Armes
           as
           a
           Foot
           man
           ,
           and
           the
           like
           )
           contrary
           to
           the
           Tenor
           of
           the
           Commission
           .
        
         
           But
           this
           course
           producing
           indeed
           little
           effect
           ,
           in
           
           the
           time
           of
           King
           
             E.
          
           2.
           partly
           out
           of
           the
           favour
           ,
           which
           it
           is
           likely
           the
           Commissioners
           did
           finde
           ,
           and
           partly
           by
           reason
           of
           the
           short
           remainder
           of
           His
           Reign
           ,
           there
           was
           just
           occasion
           ,
           both
           for
           Complaint
           and
           Reliefe
           in
           this
           next
           Parliament
           of
           1.
           
             E.
          
           3.
           
           And
           though
           the
           Particulars
           of
           the
           Petition
           in
           1.
           
             E.
          
           3.
           and
           the
           Answer
           out
           of
           which
           (
           according
           to
           the
           manner
           of
           those
           times
           )
           the
           Printed
           Act
           was
           made
           ,
           doe
           not
           appeare
           ,
           for
           the
           want
           of
           the
           Roll
           of
           that
           Parliament
           ,
           yet
           Wee
           may
           well
           judge
           thereof
           upon
           this
           occasion
           ,
           happening
           within
           the
           compasse
           of
           about
           one
           yeare
           before
           ,
           and
           thereupon
           conclude
           ,
           (
           as
           for
           the
           true
           meaning
           of
           that
           Act
           )
           That
           the
           provision
           intended
           to
           be
           made
           ,
           was
           onely
           against
           the
           excesse
           of
           the
           Commissioners
           ;
           which
           rather
           justifies
           ,
           then
           any
           way
           disproves
           the
           Lawfulnesse
           of
           such
           Commission
           .
           And
           so
           the
           sence
           of
           the
           Act
           ,
           applyable
           to
           the
           Complaint
           ,
           will
           be
           ,
           That
           whereas
           the
           Commissioners
           had
           over-highly
           taxed
           the
           Subjects
           ,
           the
           Act
           provided
           ,
           That
           they
           should
           not
           be
           otherwise
           charged
           ,
           then
           as
           they
           had
           been
           in
           the
           times
           of
           former
           Kings
           ;
           and
           (
           according
           to
           Our
           Commission
           )
           moderately
           ,
           and
           so
           as
           they
           might
           live
           still
           according
           to
           their
           former
           condition
           :
           as
           in
           like
           case
           of
           other
           Statutes
           against
           outragious
           Distresses
           and
           Amerciaments
           .
        
         
         
           And
           although
           Wee
           take
           this
           to
           be
           the
           sence
           of
           that
           Statute
           ,
           yet
           if
           any
           man
           shall
           thinke
           this
           part
           of
           the
           Statute
           of
           1.
           
             E.
             3.
             
             Concerning
             arming
             a
             mans
             selfe
             ,
          
           to
           be
           the
           same
           with
           the
           words
           of
           the
           Statute
           of
           25.
           
             E.
          
           3.
           against
           
             constraining
             any
             man
             to
             finde
             men
             of
             Armes
             ,
             &c.
          
           (
           which
           is
           the
           sence
           of
           this
           Declaration
           ,
           which
           makes
           both
           Statutes
           to
           be
           
             to
             the
             same
             effect
             ,
          
           and
           makes
           the
           inference
           against
           Our
           power
           of
           imposing
           Armes
           upon
           them
           both
           )
           We
           shall
           not
           contradict
           him
           therein
           ,
           being
           confident
           to
           make
           it
           evident
           ,
           that
           this
           Commission
           is
           no
           way
           contrary
           to
           the
           words
           or
           meaning
           of
           that
           Statute
           of
           25.
           E.
           3.
           
        
         
           But
           before
           Wee
           come
           to
           that
           Statute
           ,
           Wee
           shall
           make
           one
           Observation
           upon
           those
           Statutes
           of
           13.
           E.
           1.
           
           &
           1.
           E.
           3.
           both
           together
           :
           and
           thereupon
           shew
           ,
           that
           in
           the
           judgement
           of
           the
           whole
           Parliament
           of
           4.
           
             H.
          
           4.
           (
           whose
           authority
           is
           chiefly
           insisted
           upon
           in
           this
           Declaration
           )
           Our
           Commission
           is
           no
           way
           opposed
           by
           either
           of
           those
           Statutes
           :
           And
           it
           is
           this
           :
        
         
           It
           appeareth
           ,
           That
           the
           late
           issuing
           of
           the
           Commissioners
           ,
           complained
           of
           in
           4.
           
             H.
          
           4.
           (
           which
           the
           Declaration
           supposeth
           were
           of
           the
           same
           nature
           with
           Our
           Commission
           ,
           but
           Wee
           deny
           it
           )
           was
           the
           occasion
           of
           the
           Petition
           of
           the
           Commons
           in
           that
           Parliament
           .
        
         
         
           In
           which
           petition
           ,
           they
           intending
           to
           shew
           the
           illegality
           of
           those
           Commissions
           ,
           and
           to
           obtaine
           (
           as
           they
           thereupon
           did
           )
           a
           confirmation
           of
           former
           Acts
           to
           the
           contrary
           ,
           do
           recite
           the
           Statute
           of
           25.
           E.
           3.
           18.
           E.
           3
           
             c.
          
           8.
           and
           that
           part
           of
           the
           Statute
           of
           1.
           E.
           3.
           which
           is
           against
           carrying
           of
           men
           out
           of
           their
           Counties
           ;
           and
           yet
           neverthelesse
           they
           wholly
           omit
           this
           Statute
           of
           13.
           
             E.
          
           1.
           and
           this
           first
           part
           of
           the
           Statute
           of
           1.
           E.
           3.
           concerning
           the
           Arming
           .
           Whereas
           it
           is
           to
           be
           presumed
           ,
           they
           would
           have
           also
           recited
           this
           Statute
           of
           13.
           E.
           1.
           if
           they
           had
           conceived
           the
           same
           to
           be
           (
           as
           this
           Declaration
           sets
           it
           forth
           )
           the
           certaine
           Assize
           for
           armes
           ,
           and
           such
           a
           Statute
           whereto
           all
           the
           rest
           had
           reference
           ,
           or
           any
           way
           materiall
           against
           part
           of
           these
           Commissions
           .
           But
           howsoever
           making
           use
           of
           the
           later
           part
           of
           the
           Act
           of
           1.
           E.
           3.
           against
           carrying
           of
           the
           Subject
           out
           of
           the
           County
           ,
           they
           would
           have
           made
           use
           also
           of
           this
           part
           of
           1.
           E.
           3.
           concerning
           the
           arming
           ,
           and
           desired
           a
           confirmation
           thereof
           ,
           as
           well
           as
           of
           the
           residue
           ;
           and
           not
           thus
           purposely
           rejected
           it
           ,
           if
           so
           be
           they
           had
           not
           ,
           upon
           consideration
           ,
           first
           resolved
           ,
           that
           that
           part
           of
           1.
           E.
           3.
           was
           no
           wayes
           against
           the
           Commission
           .
        
         
           And
           now
           Wee
           come
           to
           the
           Statute
           of
           25.
           E.
           3.
           whereupon
           the
           Objection
           stands
           thus
           :
        
         
           By
           the
           Statute
           of
           25.
           E.
           3.
           the
           Subject
           is
           not
           to
           
           be
           constrained
           to
           
             finde
             men
             at
             Armes
             ,
             &c.
          
           if
           it
           be
           not
           by
           common
           consent
           and
           grant
           made
           in
           Parliament
           .
           But
           by
           this
           Commission
           the
           Commissioners
           have
           power
           ,
           without
           consent
           or
           grant
           in
           Parliament
           ,
           to
           command
           those
           who
           are
           able
           of
           body
           and
           estate
           
             to
             arme
             themselves
             :
          
           and
           those
           who
           are
           impotent
           ,
           but
           able
           in
           estate
           ,
           to
           
             find
             Armes
          
           for
           others
           :
           (
           which
           the
           Declaration
           in
           some
           places
           calls
           
             finding
             Armes
             ,
          
           and
           in
           some
           places
           
             finding
             men
             at
             Armes
          
           )
           and
           is
           therefore
           against
           that
           Statute
           .
        
         
           For
           this
           objection
           Wee
           need
           do
           no
           more
           then
           referre
           Our selves
           to
           Our
           former
           observation
           of
           the
           different
           sense
           of
           the
           severall
           words
           of
           
             Arming
             a
             mans
             selfe
             ,
          
           and
           
             finding
             Armes
          
           for
           some
           other
           ,
           which
           are
           the
           onely
           words
           used
           in
           the
           commands
           of
           this
           Commission
           ,
           &
           the
           words
           ,
           finding
           of
           a
           
             man
             of
             Armes
             ,
          
           or
           other
           compleat
           Souldier
           ,
           used
           in
           this
           Statute
           ,
           and
           intended
           to
           be
           thereby
           prohibited
           :
           whereby
           it
           will
           be
           apparent
           ,
           that
           arming
           a
           mans
           selfe
           ,
           or
           finding
           bare
           armes
           for
           others
           ,
           is
           not
           within
           the
           letter
           of
           this
           Statute
           .
        
         
           Neverthelesse
           for
           a
           more
           particular
           Answer
           ;
           1.
           as
           to
           the
           first
           of
           these
           powers
           in
           Our
           Commission
           concerning
           
             Arming
             a
             mans
             selfe
             ,
          
           Wee
           say
           ,
           That
           this
           Act
           being
           against
           finding
           of
           men
           at
           Armes
           ,
           
           or
           other
           souldiers
           ,
           doth
           not
           any
           wayes
           intend
           to
           prohibit
           the
           compelling
           of
           men
           to
           arme
           themselves
           ,
           (
           that
           is
           ,
           their
           owne
           persons
           .
           )
        
         
           For
           that
           had
           beene
           not
           onely
           against
           the
           Common
           Law
           ,
           whereof
           that
           Act
           is
           but
           declarative
           ,
           but
           also
           against
           those
           Statutes
           of
           13.
           
             E.
          
           1.
           (
           admitting
           it
           provided
           ,
           as
           the
           Declaration
           supposeth
           ,
           for
           defence
           extraordinary
           )
           and
           against
           1.
           E.
           3.
           by
           both
           which
           Statutes
           it
           doth
           clearly
           appeare
           ,
           that
           the
           Subject
           is
           in
           some
           manner
           compellable
           to
           arme
           himselfe
           :
           And
           the
           Act
           of
           25.
           
             E.
          
           3.
           is
           in
           generall
           against
           all
           finding
           of
           men
           armed
           at
           any
           time
           .
           So
           that
           in
           that
           sense
           whatsoever
           the
           occasion
           is
           (
           though
           it
           be
           upon
           an
           actuall
           invasion
           of
           an
           enemie
           )
           he
           cannot
           be
           compelled
           to
           find
           armes
           .
           And
           that
           exposition
           of
           the
           Statute
           would
           wholly
           take
           away
           all
           compulsory
           means
           of
           defence
           .
        
         
           Nor
           will
           it
           be
           sufficient
           to
           answer
           this
           ,
           That
           the
           arming
           according
           to
           those
           Statutes
           is
           assented
           unto
           in
           Parliament
           ,
           and
           so
           is
           within
           the
           exception
           of
           the
           Statute
           of
           25.
           E.
           3.
           
           For
           the
           consent
           in
           Parliament
           (
           intended
           by
           this
           exception
           )
           must
           be
           understood
           of
           
             future
          
           consent
           in
           Parliament
           ,
           as
           well
           as
           the
           constraining
           men
           to
           finde
           Souldiers
           prohibited
           by
           the
           Act
           is
           meant
           of
           a
           
             future
             finding
          
           Souldiers
           .
           And
           in
           the
           exception
           of
           the
           Statute
           
           of
           25.
           
             E.
          
           3.
           
           There
           is
           not
           onely
           to
           be
           a
           consent
           ,
           but
           also
           
             a
             grant
          
           in
           Parliament
           ,
           for
           so
           the
           words
           are
           (
           
             if
             it
             be
             not
             by
             common
             consent
             and
             grant
             in
             Parliament
          
           )
           but
           in
           those
           Acts
           of
           13.
           
             E.
             1.
             
             &
             1.
             E.
          
           3.
           there
           is
           no
           colour
           of
           a
           grant
           made
           at
           all
           .
           And
           this
           Statute
           being
           declaratory
           of
           the
           Common
           Law
           ,
           as
           appeares
           by
           the
           reason
           of
           the
           Act
           delivered
           in
           the
           Petition
           of
           the
           Commons
           in
           these
           words
           ,
           
             Car
             cet
             est
             encountre
             le
             droit
             del
             Realme
             .
          
           For
           it
           is
           against
           the
           right
           of
           the
           Realme
           ,
           (
           which
           is
           as
           much
           as
           against
           the
           fundamentall
           liberty
           of
           the
           Subject
           )
           this
           Statute
           of
           25.
           
             E.
          
           3.
           must
           bee
           construed
           as
           of
           the
           Common
           Law
           ;
           and
           before
           any
           Statute
        
         
           And
           secondly
           ,
           as
           for
           the
           other
           part
           of
           Our
           Commission
           ,
           which
           is
           concerning
           the
           charging
           those
           who
           are
           impotent
           in
           body
           ,
           but
           able
           in
           estate
           ,
           to
           finde
           Armes
           for
           others
           :
           If
           such
           finding
           of
           bare
           Armes
           had
           beene
           within
           the
           letter
           of
           that
           Statute
           ,
           or
           the
           finding
           of
           a
           compleat
           Souldier
           by
           such
           a
           man
           ,
           had
           beene
           within
           Our
           Commission
           ;
           yet
           it
           would
           have
           beene
           a
           harsh
           construction
           ,
           (
           and
           doubtlesse
           contrary
           to
           the
           intention
           of
           the
           makers
           )
           by
           generall
           words
           ,
           which
           were
           meant
           onely
           for
           provision
           in
           the
           generall
           Case
           ,
           thus
           to
           have
           spared
           him
           in
           this
           speciall
           and
           particular
           Case
           of
           impotency
           ,
           from
           contributing
           to
           the
           defence
           of
           the
           Kingdome
           ,
           
           dome
           ,
           by
           finding
           another
           ,
           as
           in
           his
           place
           ;
           whilest
           he
           is
           as
           much
           ,
           or
           more
           concerned
           then
           others
           ,
           who
           must
           undergoe
           as
           much
           charge
           ,
           and
           must
           also
           adventure
           their
           owne
           persons
           .
        
         
           And
           by
           the
           Common
           Law
           ,
           whereof
           (
           as
           Wee
           have
           said
           )
           this
           Statute
           is
           but
           declarative
           ,
           those
           who
           were
           not
           fit
           to
           beare
           Armes
           ,
           were
           notwithstanding
           chargeable
           otherwise
           towards
           home-defence
           ,
           as
           appeares
           by
           the
           Presidents
           already
           cited
           ,
           and
           many
           more
           .
        
         
           And
           now
           Wee
           shall
           give
           the
           true
           sence
           of
           this
           Statute
           of
           25.
           
             E.
          
           3.
           
           And
           this
           will
           best
           appeare
           upon
           the
           end
           and
           occasion
           of
           the
           making
           ;
           which
           were
           these
           .
        
         
           King
           
             E.
          
           3.
           having
           had
           his
           Treasure
           exhausted
           by
           the
           
             French
          
           Warres
           ,
           
           was
           upon
           that
           occasion
           inforced
           to
           many
           hard
           pressures
           upon
           his
           Subjects
           ;
           So
           that
           they
           had
           severall
           times
           bin
           charged
           ,
           with
           providing
           and
           setting
           forth
           of
           Souldiers
           ;
           and
           sometimes
           with
           maintaining
           or
           paying
           of
           them
           :
           and
           this
           in
           so
           excessive
           a
           manner
           ,
           as
           that
           it
           cost
           a
           County
           sometimes
           at
           once
           a
           thousand
           pound
           ;
           And
           all
           this
           was
           done
           with
           relation
           onely
           to
           a
           forraigne
           War
           ,
           wherein
           the
           Title
           of
           the
           King
           to
           
             France
          
           was
           onely
           in
           question
           :
           and
           nothing
           which
           directly
           concerned
           the
           Kingdom
           of
           
             England
             :
          
           against
           these
           
           there
           was
           just
           cause
           ,
           to
           make
           provision
           by
           some
           Law
           ;
           especially
           now
           when
           the
           Wars
           were
           renewing
           :
           And
           accordingly
           this
           Statute
           was
           made
           against
           imposing
           such
           charges
           upon
           the
           Subjects
           .
        
         
           And
           what
           resemblance
           there
           is
           betweene
           those
           cases
           ,
           and
           Our
           case
           ,
           of
           charging
           the
           Subjects
           onely
           to
           finde
           Armes
           for
           themselves
           ,
           or
           (
           in
           case
           of
           impotency
           )
           for
           another
           (
           as
           in
           their
           stead
           )
           and
           all
           but
           for
           home
           defence
           ,
           Wee
           refer
           to
           every
           mans
           Iudgement
           .
        
         
           And
           thus
           Wee
           leave
           these
           three
           Statutes
           of
           13.
           
             E.
             1.
             1.
             E.
          
           3.
           and
           25.
           
             E.
          
           3.
           with
           this
           observation
           ,
           that
           if
           it
           be
           true
           ,
           (
           which
           the
           Declaration
           takes
           for
           granted
           )
           that
           they
           are
           all
           to
           the
           same
           effect
           ,
           that
           then
           Our
           Answer
           to
           any
           of
           these
           three
           ,
           is
           an
           Answer
           to
           the
           rest
           .
        
         
           Wee
           are
           now
           come
           to
           4.
           
             H.
          
           4.
           being
           the
           last
           of
           these
           Statutes
           ,
           which
           (
           in
           the
           matter
           of
           Arming
           )
           are
           objected
           against
           Our
           Commission
           ,
           as
           it
           stood
           at
           Common
           Law
           ,
           before
           5.
           
             H.
          
           4.
           
        
         
           And
           herein
           Wee
           agree
           ,
           that
           the
           Parliament
           Roll
           ,
           whereupon
           the
           Statute
           is
           framed
           ,
           is
           truly
           set
           forth
           in
           the
           Declaration
           :
           yet
           Wee
           conceive
           that
           ,
           in
           Substance
           ,
           there
           is
           no
           more
           upon
           the
           Roll
           ,
           then
           in
           the
           Print
           ;
           though
           some
           passages
           may
           give
           some
           light
           for
           the
           exposition
           of
           these
           
           other
           Statutes
           of
           1.
           
             E.
          
           3.
           and
           25.
           
             E.
          
           3.
           therein
           confirmed
           .
        
         
           So
           as
           this
           Statute
           of
           4.
           
             H.
          
           4.
           being
           ,
           in
           truth
           ,
           but
           an
           Act
           of
           bare
           confirmation
           ,
           without
           any
           additionall
           explanation
           ,
           is
           already
           answered
           .
        
         
           But
           because
           the
           Declaration
           doth
           import
           ,
           That
           the
           Commissions
           (
           which
           issued
           lately
           before
           4.
           
             H.
          
           4.
           and
           were
           the
           occasion
           of
           that
           Statute
           ,
           and
           are
           damned
           thereby
           ,
           as
           contrary
           to
           the
           Acts
           of
           1.
           
           
             E
          
           3.
           18.
           
             E.
          
           3.
           and
           25.
           
             E.
          
           3.
           )
           were
           of
           the
           nature
           of
           Our
           Commission
           ,
           (
           which
           yet
           is
           not
           indeavoured
           to
           be
           proved
           )
           Wee
           shall
           also
           give
           a
           particular
           answer
           touching
           those
           Commissions
           .
        
         
           And
           herein
           We
           say
           ,
           that
           first
           it
           doth
           not
           appeare
           ,
           nor
           is
           there
           any
           reason
           to
           presume
           that
           any
           of
           those
           Commissions
           were
           of
           the
           Tenor
           of
           Ours
           ;
           And
           in
           case
           those
           Commissions
           did
           ,
           amongst
           other
           Powers
           ,
           containe
           also
           the
           Powers
           of
           Our
           Commission
           ,
           touching
           the
           imposing
           Armes
           upon
           the
           Subject
           ,
           it
           doth
           not
           appeare
           that
           those
           Commissions
           were
           particularly
           in
           those
           very
           powers
           held
           unlawfull
           .
           Both
           which
           must
           (
           but
           neither
           will
           )
           be
           proved
           ,
           otherwise
           there
           can
           be
           no
           application
           .
        
         
           But
           the
           truth
           is
           apparently
           to
           be
           inferred
           out
           of
           the
           Roll
           ,
           That
           upon
           those
           Commissions
           the
           Subjects
           were
           inforced
           to
           go
           ,
           or
           to
           finde
           others
           to
           goe
           
           at
           their
           owne
           charges
           ,
           not
           onely
           out
           of
           their
           proper
           Counties
           ,
           but
           also
           (
           upon
           occasion
           of
           some
           insurrections
           )
           into
           
             VVales
             ,
          
           which
           at
           that
           time
           ,
           and
           (
           untill
           the
           Act
           of
           Vnion
           27.
           
             H.
          
           8.
           )
           was
           to
           some
           purposes
           ,
           at
           least
           commonly
           reputed
           a
           distinct
           Dominion
           ;
           as
           appeares
           even
           by
           this
           Parliament
           Roll
           ,
           in
           these
           words
           ,
           
           That
           none
           of
           the
           said
           Commons
           be
           distrained
           to
           goe
           into
           
             VVales
             ,
             or
             else-where
             out
             of
             the
             Realme
             ,
          
           and
           otherwise
           :
           (
           the
           usuall
           phrase
           in
           severall
           Acts
           of
           Parliament
           ,
           being
           also
           to
           this
           day
           ,
           the
           Kingdome
           of
           
             England
             ,
          
           and
           Dominion
           of
           
             VVales
             .
          
           )
           And
           such
           a
           Commission
           Wee
           may
           well
           admit
           to
           be
           against
           all
           those
           three
           Statutes
           ,
           without
           impeachment
           of
           Ours
           .
        
         
           Wee
           shall
           say
           no
           more
           as
           to
           this
           Statute
           single
           ,
           but
           that
           (
           as
           We
           have
           observed
           before
           )
           both
           in
           the
           Parliament
           Roll
           ,
           and
           Printed
           Act
           ,
           the
           first
           Clause
           of
           1.
           
             E.
          
           3.
           concerning
           arming
           ,
           being
           purposely
           omitted
           ,
           it
           shewes
           that
           the
           meere
           matter
           of
           causing
           the
           Subject
           to
           be
           armed
           ,
           was
           not
           the
           grievance
           then
           complained
           of
           ,
           or
           meant
           to
           be
           redressed
           .
        
         
           Having
           thus
           farre
           proceeded
           in
           Our
           particular
           Answers
           unto
           the
           severall
           Statutes
           of
           13.
           
             E.
          
           1.
           1.
           E.
           3.
           25.
           E.
           3.
           and
           4.
           
             H.
          
           4.
           as
           they
           were
           appliable
           to
           the
           first
           Objection
           made
           upon
           them
           ,
           against
           Our
           imposing
           of
           Armes
           upon
           the
           Subject
           .
           Wee
           
           shall
           ,
           in
           the
           next
           place
           ,
           proceed
           to
           the
           Answer
           of
           the
           other
           Objection
           made
           against
           Our
           Commission
           ,
           upon
           the
           Statute
           of
           1.
           E.
           3.
           and
           4.
           
             H.
          
           4.
           of
           Confirmation
           :
           (
           For
           as
           to
           the
           other
           Statutes
           of
           13.
           E.
           1.
           and
           25.
           E.
           3.
           
           We
           doe
           not
           conceive
           ,
           that
           they
           are
           ,
           or
           can
           be
           meant
           unto
           this
           purpose
           .
           )
           Hereupon
           the
           Objection
           is
           this
           :
        
         
           That
           by
           the
           Statute
           of
           1.
           E.
           3
           and
           4.
           
             H.
          
           4.
           the
           Subject
           is
           not
           compellable
           to
           go
           out
           of
           His
           County
           ;
           but
           in
           case
           of
           the
           sudden
           coming
           of
           an
           Enemy
           ,
           which
           the
           Declaration
           interprets
           of
           an
           actuall
           Invasion
           :
           But
           this
           Commission
           gives
           Power
           ,
           not
           onely
           to
           compell
           the
           Subject
           to
           goe
           out
           of
           his
           County
           before
           an
           actuall
           Invasion
           (
           as
           the
           case
           is
           put
           in
           the
           stating
           of
           it
           )
           but
           (
           as
           it
           is
           expressed
           in
           other
           parts
           of
           the
           Declaration
           )
           without
           Limitation
           ,
           and
           at
           pleasure
           .
        
         
           To
           this
           Objection
           Our
           Answer
           is
           ,
           That
           both
           the
           sence
           of
           the
           Statutes
           ,
           and
           of
           the
           Powers
           of
           Our
           Commission
           are
           mistaken
           .
           For
           first
           ,
           (
           as
           Wee
           have
           before
           stated
           it
           )
           Our
           Commission
           gives
           that
           Power
           of
           conducting
           out
           of
           the
           County
           ,
           onely
           against
           an
           Enemy
           ,
           and
           for
           defence
           of
           the
           Countrey
           ,
           in
           case
           of
           imminent
           danger
           ,
           and
           but
           when
           and
           where
           it
           shall
           be
           most
           needfull
           ;
           (
           And
           so
           not
           without
           limitation
           ,
           and
           at
           pleasure
           .
           )
        
         
         
           And
           secondly
           ,
           as
           to
           the
           sence
           of
           the
           Statutes
           ,
           We
           do
           deny
           ,
           that
           the
           Subject
           is
           not
           compellable
           to
           goe
           out
           of
           his
           County
           ,
           unlesse
           in
           case
           of
           an
           actuall
           Invasion
           ,
           by
           a
           forraigne
           Enemy
           .
        
         
           And
           herein
           ,
           though
           Wee
           have
           not
           upon
           this
           Commission
           necessary
           occasion
           to
           dispute
           it
           ;
           yet
           Wee
           cannot
           but
           observe
           ,
           That
           the
           Declaration
           allowes
           of
           no
           necessity
           of
           compelling
           the
           Subject
           out
           of
           the
           proper
           County
           ,
           in
           case
           of
           actuall
           rebellion
           ,
           and
           onely
           against
           a
           forraigne
           Enemy
           ;
           the
           ground
           whereof
           is
           a
           mistake
           (
           in
           recitall
           of
           the
           Statute
           of
           1.
           
             E.
          
           3.
           by
           the
           Act
           of
           confirmation
           of
           4.
           
             H.
          
           4.
           of
           the
           word
           ,
           
             And
          
           betweene
           the
           two
           words
           ,
           
             necessity
          
           and
           
             suddaine
             comming
             ;
          
           The
           Act
           of
           1.
           
             E.
          
           3.
           going
           thus
           ,
           That
           no
           man
           be
           distrained
           to
           goe
           out
           of
           his
           County
           but
           where
           necessity
           requireth
           ,
           
             and
          
           sudden
           comming
           of
           strange
           enemies
           into
           the
           Realme
           .
           And
           the
           Act
           of
           4.
           
             H.
          
           4.
           (
           which
           as
           We
           have
           before
           observed
           ,
           reciteth
           not
           the
           whole
           Statute
           of
           1.
           
             E.
          
           3.
           but
           so
           much
           thereof
           ,
           as
           upon
           occasion
           of
           the
           late
           forraigne
           service
           did
           then
           concerne
           the
           present
           complaint
           )
           being
           in
           these
           words
           ,
           That
           none
           shall
           be
           distrained
           to
           goe
           out
           of
           their
           County
           ,
           but
           onely
           for
           the
           cause
           of
           necessity
           (
           
             Of
          
           )
           sudden
           comming
           of
           strange
           enemies
           into
           the
           Realme
           .
        
         
         
           Whereas
           ,
           if
           in
           this
           recitall
           the
           word
           (
           
             And
          
           )
           had
           been
           put
           in
           place
           of
           the
           word
           ,
           
             Of
             ,
          
           or
           before
           it
           ,
           both
           had
           agreed
           ,
           and
           so
           the
           sence
           of
           the
           Statute
           ,
           as
           to
           this
           matter
           of
           going
           out
           of
           the
           County
           ,
           had
           been
           upon
           4.
           
             H.
          
           4.
           as
           it
           is
           upon
           1.
           
             E.
             3.
             
             That
             no
             man
             be
             compelled
             to
             go
             out
             of
             the
             County
             ,
             but
             in
             case
             of
             necesity
             or
             coming
             of
             enemies
             :
          
           the
           word
           (
           
             And
          
           )
           in
           exposition
           of
           Statutes
           being
           most
           frequently
           taken
           for
           (
           
             Or
          
           )
           according
           to
           the
           Subject
           matter
           ,
           and
           so
           the
           Statute
           had
           excepted
           two
           cases
           necessity
           arising
           from
           within
           (
           by
           actuall
           rebellion
           )
           and
           necessity
           arising
           from
           abroad
           (
           by
           sudden
           coming
           of
           strange
           enemies
           :
           )
           this
           exception
           in
           both
           being
           absolutely
           necessary
           for
           defence
           of
           the
           Realm
           and
           according
           to
           the
           Common
           Law
           (
           of
           which
           the
           Statute
           is
           but
           declarative
           )
           and
           the
           practice
           both
           before
           and
           since
           .
           And
           indeed
           it
           could
           be
           no
           otherwise
           in
           property
           of
           speech
           ,
           for
           there
           cannot
           be
           a
           cause
           of
           necessity
           
             of
          
           the
           sudden
           coming
           of
           enemies
           ,
           but
           there
           is
           a
           necessity
           of
           defence
           
             against
          
           their
           coming
           .
        
         
           And
           in
           this
           case
           We
           are
           to
           be
           guided
           by
           the
           Statute
           1.
           
             Ed.
          
           3.
           as
           it
           was
           Originally
           ,
           as
           it
           is
           also
           truly
           set
           forth
           in
           the
           Declaration
           ,
           and
           agrees
           with
           all
           printed
           Statutes
           both
           in
           English
           and
           French
           ,
           
           &
           ancient
           Manuscripts
           ,
           all
           of
           them
           derived
           from
           the
           Originall
           Statute
           Roll
           which
           was
           lost
           before
           4.
           
             H.
          
           4.
           (
           that
           which
           now
           remains
           being
           but
           a
           Transcript
           of
           a
           Transcript
           .
           )
        
         
           Thus
           then
           ,
           without
           more
           ,
           We
           shall
           apply
           Our selves
           to
           the
           Objection
           as
           it
           is
           made
           upon
           the
           words
           of
           1.
           
             E.
          
           3.
           both
           in
           the
           Originall
           and
           the
           Recitall
           .
           And
           We
           say
           That
           the
           Subject
           is
           compellable
           to
           go
           out
           of
           his
           County
           for
           defence
           of
           the
           Kingdom
           ,
           as
           necessity
           shall
           require
           ,
           before
           the
           Landing
           or
           other
           Entry
           of
           the
           Enemy
           ,
           to
           prevent
           his
           Landing
           or
           Entry
           .
        
         
           And
           for
           this
           We
           shall
           but
           recite
           the
           words
           againe
           ;
           And
           they
           are
           these
           ,
           
             That
             no
             man
             be
             compelled
             to
             go
             out
             of
             his
             County
             ,
             but
             where
             necessity
             requireth
             and
             sudden
             coming
             of
             strange
             enemies
             into
             the
             Realm
             .
          
        
         
           Wherein
           it
           seemes
           to
           Us
           most
           plaine
           ,
           that
           these
           words
           require
           no
           such
           Actuall
           Landing
           ,
           or
           Entry
           of
           an
           Enemy
           into
           the
           Kingdom
           ,
           before
           the
           Subject
           is
           Compellable
           out
           of
           his
           County
           .
           For
           the
           words
           of
           the
           Act
           are
           not
           (
           as
           to
           this
           point
           )
           when
           the
           Enemy
           
             is
             come
             ,
          
           but
           
             upon
             the
             coming
             ,
          
           not
           
             within
          
           the
           Realm
           ,
           but
           
             into
          
           the
           Realm
           .
           And
           all
           men
           know
           ,
           that
           in
           ordinary
           Speech
           ,
           a
           man
           
           may
           be
           said
           to
           be
           coming
           into
           a
           place
           when
           he
           is
           upon
           a
           remove
           to
           a
           place
           ;
           but
           most
           properly
           ,
           when
           he
           is
           on
           his
           way
           ,
           especially
           when
           he
           approacheth
           ,
           with
           an
           intention
           to
           enter
           thereinto
           ,
           and
           in
           such
           sence
           these
           words
           of
           coming
           into
           the
           Realm
           must
           be
           taken
           in
           this
           Statute
           .
        
         
           But
           in
           case
           the
           words
           (
           
             of
             the
             enemies
             coming
             into
             the
             Realm
          
           )
           might
           bear
           a
           doubtfull
           interpretation
           ,
           that
           sence
           must
           be
           taken
           ,
           which
           agrees
           with
           the
           Common
           Law
           before
           practised
           ,
           Whereof
           this
           Act
           is
           but
           Declarative
           ,
           &
           the
           constant
           practice
           of
           all
           ages
           since
           that
           is
           ,
           That
           the
           Subjects
           have
           ever
           been
           commanded
           ,
           and
           gone
           out
           of
           the
           County
           against
           the
           Enemy
           before
           any
           Landing
           or
           Entry
           .
        
         
           And
           to
           give
           this
           Statute
           of
           1.
           
             E.
          
           3.
           any
           other
           sence
           were
           against
           all
           Common
           reason
           ,
           and
           the
           rules
           of
           government
           and
           defence
           ;
           which
           is
           ,
           not
           to
           let
           the
           Enemy
           first
           come
           in
           ,
           if
           it
           be
           possible
           to
           keepe
           him
           out
           :
           and
           it
           may
           be
           much
           more
           ease
           to
           prevent
           the
           coming
           into
           the
           Land
           ,
           (
           especially
           by
           Sea
           in
           opposing
           the
           Landing
           )
           then
           afterwards
           to
           expell
           him
           :
           And
           it
           cannot
           be
           expected
           ,
           that
           the
           Forces
           of
           one
           County
           alone
           ,
           should
           be
           able
           to
           resist
           the
           entry
           of
           a
           powerfull
           Enemy
           .
        
         
           And
           lastly
           ,
           as
           for
           those
           Commissions
           ,
           which
           
           were
           damned
           in
           4.
           
             H.
          
           4.
           those
           had
           no
           resemblance
           to
           our
           Case
           ,
           nor
           are
           warrented
           by
           the
           Exception
           of
           1.
           E.
           3.
           
           For
           that
           (
           as
           appeares
           before
           )
           the
           Subject
           was
           then
           carried
           out
           of
           the
           County
           not
           for
           defence
           of
           the
           Kingdom
           ,
           as
           the
           Exception
           of
           this
           Statute
           requires
           ,
           but
           for
           suppression
           of
           an
           Insurrection
           in
           
             Wales
             ,
          
           which
           was
           not
           then
           taken
           as
           part
           of
           the
           Realm
           :
           and
           the
           Prayer
           of
           the
           Commons
           in
           4.
           
             H.
          
           4.
           made
           upon
           that
           Occasion
           ,
           and
           therein
           grounded
           upon
           1.
           
             E.
          
           3.
           was
           not
           meerly
           because
           they
           were
           carried
           out
           of
           the
           Counties
           ,
           but
           because
           they
           were
           carried
           out
           of
           the
           Realm
           in
           a
           Service
           ,
           which
           was
           not
           for
           the
           necessary
           defence
           thereof
           .
        
         
           We
           have
           thus
           far
           ,
           upon
           this
           last
           head
           of
           Our
           discourse
           ,
           only
           Answered
           the
           Objections
           made
           upon
           these
           Statutes
           of
           13.
           
             E.
             1.
             1.
             E.
             3.
             25.
             E.
          
           3.
           and
           4
           ▪
           
             H.
          
           4.
           
           We
           shall
           now
           conclude
           this
           part
           of
           Our
           Answer
           ▪
           with
           a
           return
           of
           all
           those
           Statutes
           against
           the
           Declaration
           ,
           and
           in
           justification
           of
           Our
           Commission
           .
        
         
           First
           ,
           as
           concerning
           13.
           
             E.
          
           1.
           since
           that
           (
           as
           We
           have
           before
           observed
           )
           the
           Statute
           was
           made
           only
           with
           relation
           to
           the
           keeping
           of
           the
           peace
           ,
           it
           implies
           ,
           that
           there
           is
           another
           rule
           in
           the
           matter
           
           of
           imposing
           of
           Armes
           for
           defence
           extraordinary
           .
        
         
           Secondly
           ,
           as
           for
           1.
           
             E.
          
           3.
           (
           besides
           Our
           former
           observation
           ,
           That
           in
           all
           probability
           ,
           the
           Act
           was
           made
           but
           upon
           Complaint
           against
           the
           excesse
           of
           Charging
           by
           the
           Commissioners
           ,
           and
           not
           against
           the
           powers
           of
           that
           Commission
           ,
           which
           had
           lately
           before
           issued
           ,
           which
           rather
           justifies
           the
           Commission
           then
           otherwise
           .
           )
           We
           further
           say
           ,
           That
           if
           We
           should
           admit
           ,
           that
           the
           Statute
           of
           1.
           
             E.
             3.
             
             That
             no
             man
             should
             be
             charged
             to
             arm
             himselfe
             ,
             otherwise
             then
             he
             was
             wont
             in
             the
             time
             of
             the
             Kings
             Progenitors
             ,
          
           hath
           any
           relation
           unto
           13.
           
             E.
          
           1.
           and
           that
           so
           the
           sence
           thereof
           were
           ,
           That
           none
           should
           be
           compelled
           to
           finde
           Arms
           ,
           otherwise
           then
           according
           to
           that
           Statute
           of
           13.
           
             E.
          
           1.
           
           Yet
           then
           that
           Statute
           of
           1.
           E.
           3.
           (
           as
           't
           is
           plain
           )
           must
           be
           meant
           only
           as
           concerning
           ordinary
           defence
           ;
           and
           that
           as
           the
           Subject
           is
           in
           cafe
           of
           necessity
           to
           be
           carried
           out
           of
           the
           County
           ,
           So
           in
           that
           case
           he
           may
           be
           compelled
           to
           be
           Armed
           otherwise
           then
           at
           ordinary
           times
           .
        
         
           To
           this
           purpose
           We
           note
           ,
           that
           in
           the
           Statute
           there
           are
           two
           distinct
           propositions
           joyned
           together
           ,
           one
           against
           the
           Arming
           of
           the
           Subject
           ,
           the
           
           other
           against
           going
           out
           of
           the
           County
           ;
           And
           the
           clause
           which
           is
           next
           subjoyned
           is
           an
           exception
           
             Sinon
             pour
             cause
             de
             necessite
             ,
             &c.
             
          
           Unlesse
           it
           be
           for
           necessity
           ,
           
             and
             the
             sudden
             coming
             of
             strange
             enemies
             .
          
           Which
           exception
           ,
           upon
           such
           admittance
           ,
           is
           not
           only
           appliable
           to
           that
           last
           clause
           before
           ,
           concerning
           
             the
             going
             out
             of
             the
             County
             ,
          
           but
           as
           to
           the
           
             Arming
             :
          
           The
           sence
           thereupon
           also
           being
           thus
           ;
           That
           though
           in
           case
           of
           ordinary
           defence
           ,
           the
           Subject
           be
           not
           compellable
           to
           bear
           other
           Arms
           then
           according
           to
           13.
           
             E.
          
           1.
           as
           neither
           to
           go
           out
           of
           the
           proper
           County
           ;
           yet
           for
           the
           extraordinary
           defence
           of
           the
           kingdom
           ,
           in
           case
           of
           necessity
           (
           wherein
           more
           must
           be
           done
           then
           ordinarily
           )
           both
           ,
           Arms
           are
           to
           be
           imposed
           by
           other
           rules
           then
           in
           13.
           
             E.
          
           1.
           and
           also
           the
           Subjects
           are
           to
           go
           out
           of
           the
           County
           ;
           For
           so
           it
           followeth
           in
           the
           next
           words
           of
           the
           Act
           ;
           which
           are
           these
           ,
           
             And
             then
             it
             shall
             be
             done
             ,
             as
             bath
             been
             used
             in
             times
             past
             ,
             for
             the
             defence
             of
             the
             Realm
             .
          
           And
           this
           sense
           ,
           upon
           this
           admittance
           ,
           cleerly
           appeareth
           out
           of
           the
           course
           of
           former
           times
           in
           such
           cases
           ,
           to
           which
           the
           Statute
           doth
           refer
           .
        
         
           As
           for
           25.
           
             E.
          
           3.
           (
           besides
           that
           the
           Declaration
           faith
           it
           is
           to
           the
           same
           effect
           with
           1.
           
             E.
          
           3.
           and
           was
           made
           with
           relation
           to
           a
           forraign
           war
           ,
           as
           We
           
           have
           observed
           ,
           )
           if
           (
           as
           the
           Declaration
           must
           admit
           )
           that
           the
           exception
           of
           finding
           men
           at
           Arms
           &c.
           by
           Common
           consent
           ,
           and
           grant
           in
           Parliament
           ,
           be
           intended
           as
           well
           of
           Acts
           of
           Parliament
           past
           as
           to
           come
           ,
           then
           Our
           Commission
           ,
           in
           the
           power
           of
           imposing
           Arms
           ,
           being
           warranted
           by
           1.
           
             E.
          
           3.
           is
           also
           warranted
           by
           that
           Act
           of
           25.
           
             E.
          
           3.
           
        
         
           And
           for
           4.
           
             H.
          
           4.
           (
           besides
           what
           We
           have
           before
           observed
           ,
           upon
           the
           omission
           therein
           of
           the
           first
           part
           of
           1.
           
             E.
          
           3.
           concerning
           imposing
           of
           Arms
           ,
           and
           that
           it
           applies
           25.
           
             E.
          
           3.
           but
           to
           a
           forraign
           war
           )
           the
           generall
           sence
           ,
           and
           Judgement
           of
           that
           Parliament
           ,
           excepting
           then
           only
           against
           other
           Commissions
           ,
           seems
           to
           allow
           of
           this
           ;
           for
           that
           otherwise
           ,
           it
           is
           not
           to
           be
           imagined
           ,
           that
           immediately
           in
           the
           same
           yeer
           ,
           there
           should
           issue
           out
           a
           Commission
           of
           Array
           ,
           and
           in
           the
           next
           yeer
           ,
           there
           should
           issue
           out
           that
           other
           which
           was
           corrected
           in
           5.
           
             H.
          
           4.
           both
           of
           the
           same
           form
           ,
           and
           the
           latter
           bearing
           
             Teste
          
           the
           day
           of
           the
           Summons
           of
           the
           Parliament
           of
           5.
           
             H.
          
           4.
           
           
           And
           that
           at
           that
           Parliament
           ,
           though
           some
           amendments
           were
           made
           in
           it
           ,
           yet
           no
           exception
           should
           be
           taken
           to
           the
           legality
           of
           the
           powers
           :
           whilest
           (
           as
           the
           Declaration
           observes
           )
           it
           is
           probable
           ,
           That
           many
           of
           the
           House
           of
           
           Commons
           ,
           and
           it
           is
           certain
           that
           most
           of
           the
           House
           of
           Lords
           ,
           were
           members
           of
           the
           Parliament
           of
           4.
           
             H.
          
           4.
           and
           knew
           the
           meaning
           thereof
           .
        
         
           And
           thus
           we
           have
           answered
           to
           the
           full
           satisfaction
           (
           as
           We
           hope
           )
           of
           all
           indifferent
           Judgements
           ,
           the
           severall
           Objections
           made
           against
           the
           legality
           of
           Our
           Commission
           of
           Array
           as
           it
           stood
           before
           ,
           and
           at
           the
           making
           of
           the
           Act
           of
           5.
           
             H.
          
           4.
           and
           thereby
           proved
           ,
           That
           Our
           Commission
           was
           warranted
           by
           the
           Common
           Law
           ▪
           That
           the
           powers
           thereof
           remain
           untouched
           by
           the
           Statutes
           of
           1.
           
             E.
          
           3.
           25.
           E.
           3.
           or
           4.
           
             H.
          
           4.
           
           And
           that
           it
           was
           afterwards
           allowed
           and
           setled
           (
           as
           a
           rule
           or
           pattern
           ,
           whereby
           Commissions
           should
           issue
           in
           after
           ages
           )
           by
           the
           Act
           of
           Parliament
           of
           5.
           
             H.
          
           4.
           
        
         
           We
           have
           yet
           some
           other
           Objections
           in
           Our
           way
           ,
           which
           admitting
           the
           legality
           of
           Our
           Commission
           as
           it
           stood
           in
           5.
           
             H.
          
           4.
           are
           made
           against
           it
           upon
           some
           latter
           Acts
           .
        
         
           The
           first
           in
           time
           is
           upon
           the
           Statute
           of
           4.
           and
           5.
           
           
             P.
             &
             M.c.
          
           4.
           which
           settles
           an
           assize
           and
           proportion
           of
           Men
           ,
           Horses
           ,
           and
           Arms
           ,
           which
           every
           man
           was
           to
           finde
           ;
           which
           the
           Declaration
           saith
           was
           
             without
             Question
             ,
             a
             repeale
             of
             this
             Statute
             of
          
           5.
           
             H.
          
           4.
           
           And
           accordingly
           ,
           We
           shall
           take
           that
           first
           
           into
           consideration
           ,
           For
           though
           upon
           the
           repeal
           of
           that
           Statute
           by
           
             I.
             Jac.
             c.
          
           25.
           the
           Declaration
           agrees
           ,
           That
           Our
           Commission
           ,
           if
           once
           setled
           by
           5.
           
             H.
          
           4.
           is
           now
           again
           in
           force
           ,
           Yet
           an
           inference
           is
           made
           from
           thence
           ,
           That
           the
           Parliament
           of
           1.
           
             Iac.
          
           would
           never
           have
           repealed
           that
           Statute
           of
           4.
           
           
             &
          
           5.
           
           
             P.
             &
             M.
          
           if
           they
           had
           thought
           that
           any
           such
           power
           of
           imposing
           Arms
           ,
           as
           is
           in
           the
           Commission
           ,
           would
           have
           been
           thereupon
           revived
           .
        
         
           The
           words
           of
           the
           Statute
           of
           4.
           
           
             &
             5.
             
             P.
             &
             M.
             cap.
          
           2.
           are
           these
           .
           
             Be
             it
             enacted
             ,
             &c.
             
             That
             as
             much
             of
             all
             and
             every
             Act
             and
             Statute
             concerning
             onely
             the
             keeping
             or
             finding
             of
             Horse
             ,
             Horses
             ,
             or
             Armour
             ,
             or
             any
             of
             them
             heretofore
             made
             and
             provided
             ,
             and
             all
             and
             every
             forfeiture
             or
             penalty
             concerning
             onely
             the
             same
             ,
             shall
             be
             from
             henceforth
             utterly
             void
             ,
             repealed
             ,
             and
             of
             none
             effect
             .
          
        
         
           To
           this
           We
           say
           ,
           first
           ,
           that
           4.
           
           
             &
             5.
             
             Phil.
             &
             Mar.
          
           doth
           not
           repeal
           5.
           
             H.
          
           4.
           either
           by
           the
           words
           or
           meaning
           .
        
         
           As
           to
           the
           words
           ,
           They
           extend
           onely
           to
           a
           repeal
           of
           such
           Acts
           which
           do
           appoint
           particular
           Assizes
           (
           or
           Assessements
           )
           of
           Arms
           :
           all
           which
           upon
           that
           Statute
           of
           4.
           
           
             &
             5.
             
             Ph.
             &
             M.
          
           (
           which
           appoints
           a
           new
           Assize
           for
           kinde
           of
           Arms
           and
           proportions
           )
           
           would
           be
           either
           contrary
           or
           altogether
           uselesse
           .
           And
           to
           that
           purpose
           the
           Statute
           speaks
           of
           repealing
           of
           Acts
           
             concerning
             keeping
             or
             finding
             of
             Horse
             ,
             Horses
             ,
             or
             Armour
             ,
          
           which
           ,
           as
           it
           must
           be
           meant
           of
           Acts
           concerning
           keeping
           or
           finding
           of
           
             Horses
          
           in
           particular
           for
           kind
           or
           number
           ;
           So
           as
           concerning
           (
           
             armour
          
           )
           in
           generall
           ,
           it
           must
           ,
           by
           the
           constant
           Rules
           of
           construction
           of
           Statutes
           ,
           be
           meant
           of
           Acts
           of
           the
           like
           nature
           as
           the
           former
           ,
           that
           is
           ,
           Acts
           concerning
           the
           appointment
           of
           some
           particular
           armours
           ,
           as
           a
           Gorget
           ,
           a
           Brest-plate
           ,
           and
           the
           like
           ,
           such
           as
           were
           the
           Statute
           of
           13.
           E.
           1.
           and
           33.
           
             H.
          
           8.
           
        
         
           But
           this
           Statute
           of
           5.
           
             H.
          
           4.
           is
           nothing
           concerning
           the
           appointment
           of
           any
           particulars
           ,
           either
           for
           the
           kind
           of
           Arms
           or
           proportions
           :
           but
           doth
           onely
           enact
           a
           Commission
           issuable
           ,
           without
           commanding
           that
           it
           shall
           issue
           ,
           which
           is
           referred
           to
           the
           Kings
           pleasure
           (
           upon
           a
           lawfull
           occasion
           )
           Nor
           doth
           the
           Commission
           it self
           mention
           (
           as
           is
           apparent
           )
           any
           particularity
           of
           Arms
           or
           proportions
           .
        
         
           And
           if
           the
           Statute
           of
           4.
           and
           5.
           
           
             Ph.
             &
             M.
          
           were
           meant
           of
           such
           Statutes
           ,
           as
           speake
           of
           finding
           Arms
           in
           generall
           ,
           it
           had
           as
           well
           repealed
           the
           Statutes
           of
           1.
           
             E.
             3.
             25.
             E.
          
           3.
           and
           4.
           
             H.
          
           4.
           as
           this
           Act
           of
           5.
           
             H.
          
           4.
           
           which
           no
           man
           will
           say
           was
           ever
           intended
           .
        
         
           But
           in
           truth
           ,
           this
           Commission
           being
           in
           generall
           ,
           doth
           no
           wayes
           contrary
           this
           Statute
           of
           
             Ph.
             
             &
             M.
          
           but
           that
           the
           particulars
           of
           the
           Assessement
           by
           that
           Act
           ,
           both
           for
           the
           severall
           Kinds
           of
           Arms
           and
           proportions
           ,
           might
           have
           been
           very
           well
           put
           in
           Execution
           by
           this
           Commission
           .
        
         
           For
           the
           Commission
           gives
           Power
           to
           assesse
           every
           man
           
             juxta
             statum
             &
             facultates
             ,
          
           According
           to
           his
           degree
           and
           Ability
           .
           And
           this
           Parliament
           of
           4.
           and
           5.
           
           
             Ph.
             &
             Ma.
          
           appointing
           Arms
           sitting
           for
           defence
           of
           the
           Kingdom
           in
           those
           times
           ,
           and
           proportions
           fitting
           (
           in
           their
           Iudgements
           )
           for
           the
           severall
           degrees
           and
           abilities
           of
           every
           man
           ;
           That
           Act
           did
           not
           thereby
           take
           away
           the
           power
           of
           the
           Commissioners
           wholly
           ,
           but
           did
           only
           give
           particular
           rules
           for
           the
           kind
           of
           Arms
           and
           proportions
           ,
           which
           the
           Commissioners
           were
           to
           observe
           in
           the
           execution
           of
           their
           power
           ,
           thereby
           only
           regulating
           ,
           but
           not
           destroying
           their
           powers
           .
        
         
           And
           if
           this
           Statute
           of
           4.
           
           
             &
             5.
             
             P.
             &
             M.
          
           had
           taken
           away
           the
           first
           Powers
           of
           the
           Commissioners
           concerning
           arming
           ,
           yet
           had
           it
           not
           taken
           away
           the
           other
           severall
           and
           independent
           Powers
           of
           Arraying
           ,
           Training
           ,
           Mustring
           ,
           or
           Conducting
           
           those
           men
           so
           furnished
           according
           to
           that
           Statute
           ,
           but
           that
           they
           had
           remained
           to
           have
           been
           executed
           (
           at
           least
           by
           a
           distinct
           Commission
           which
           might
           have
           been
           issued
           at
           pleasure
           for
           that
           purpose
           .
           )
        
         
           And
           this
           also
           appears
           by
           the
           Statute
           of
           the
           same
           Parliament
           of
           4.
           
           
             &
             5.
             
             P.
             &
             M.
             cap.
          
           3.
           (
           which
           is
           in
           force
           at
           this
           day
           )
           which
           being
           concerning
           mustering
           ,
           hath
           occasion
           to
           mention
           ,
           and
           doth
           expresse
           the
           old
           power
           still
           remaining
           to
           issue
           Commissions
           of
           that
           nature
           ;
           in
           these
           words
           ,
           
             That
             if
             any
             person
             that
             shall
             be
             commanded
             at
             any
             time
             hereafter
             generally
             or
             especially
             to
             muster
             afore
             any
             such
             who
             shall
             have
             authority
             or
             commandment
             for
             the
             same
             ,
             by
             ,
             or
             from
             the
             King
             or
             Queens
             Majesty
             ,
             or
             the
             heirs
             or
             successors
             of
             the
             Queens
             Majesty
             ,
             or
             by
             any
             Lievtenant
             ,
             &c.
             do
             absent
             himselfe
             ,
             or
             at
             his
             appearance
             do
             not
             bring
             his
             best
             furniture
             of
             Array
             and
             Arms
             as
             he
             shall
             then
             have
             for
             his
             person
             in
             readinesse
             ,
             shall
             be
             imprisoned
             ,
             &c.
             
          
        
         
           But
           neither
           by
           that
           nor
           the
           other
           Statute
           of
           
             P.
             &
             M.
             cap.
          
           2.
           is
           there
           any
           new
           authority
           given
           to
           the
           King
           to
           grant
           Commissions
           for
           Musters
           ,
           but
           the
           same
           is
           admitted
           to
           continue
           as
           not
           repealed
           .
           And
           as
           to
           that
           point
           of
           appearing
           at
           Musters
           ,
           We
           
           made
           use
           of
           that
           Statute
           of
           4.
           
           &
           5.
           
           P.
           &
           M.
           cap.
           3
           in
           Our
           Proclamation
           :
           And
           doe
           wonder
           how
           the
           Penner
           of
           that
           Declaration
           could
           imagine
           ,
           We
           meant
           any
           such
           further
           use
           therein
           upon
           that
           Statute
           ,
           as
           the
           Declaration
           sets
           forth
           .
        
         
           And
           here
           by
           the
           way
           We
           observe
           a
           mention
           in
           this
           Statute
           ,
           of
           4.
           
           &
           5.
           
           P.
           &
           M.
           cap.
           3.
           of
           a
           power
           of
           mustering
           in
           Lievtenants
           ,
           to
           whom
           other
           Powers
           contained
           in
           Our
           Commission
           were
           also
           granted
           ,
           and
           might
           have
           been
           also
           mentioned
           in
           this
           Statute
           ,
           if
           there
           had
           been
           occasion
           .
        
         
           And
           secondly
           ,
           as
           to
           this
           Statute
           of
           4.
           
           
             &
             5.
             
             P.
             &
             M.c.
          
           2.
           
           We
           say
           ,
           That
           in
           case
           that
           Act
           of
           5.
           
             H.
          
           4.
           had
           been
           repealed
           by
           4.
           
           
             &
             5.
             
             P.
          
           &
           
             M.
          
           yet
           this
           Commission
           had
           still
           continued
           in
           force
           notwithstanding
           any
           bare
           repeal
           ;
           for
           that
           (
           as
           we
           have
           proved
           )
           this
           commission
           was
           (
           before
           that
           Statute
           )
           warranted
           by
           the
           Common
           Law
           ,
           which
           did
           still
           remain
           in
           force
           so
           far
           as
           it
           was
           not
           expresly
           contrary
           to
           the
           further
           particulars
           of
           that
           Act
           .
        
         
           And
           how
           We
           come
           to
           the
           Objection
           principally
           ▪
           intended
           against
           this
           Commission
           upon
           the
           alteration
           of
           the
           Law
           at
           this
           day
           since
           5.
           
             H.
          
           4.
           wherein
           the
           case
           is
           this
           .
        
         
           The
           Statute
           of
           13.
           
             E.
          
           1
           made
           an
           assize
           of
           
             Arms
          
           
           for
           the
           severall
           kindes
           and
           proportions
           according
           to
           mens
           severall
           estates
           .
           Then
           5.
           
             H.
          
           4.
           enacts
           this
           Commission
           with
           power
           to
           assesse
           men
           according
           to
           their
           abilities
           .
           Afterwards
           13.
           E.
           1.
           is
           repealed
           by
           21.
           
           
             Iac.
             
          
        
         
           The
           argument
           hereupon
           in
           the
           Declaration
           is
           made
           thus
           :
        
         
           That
           the
           Commission
           ,
           as
           to
           the
           finding
           of
           Arms
           
             Iuxta
             statum
             &
             facultates
             ,
          
           is
           so
           grounded
           upon
           that
           Statute
           of
           13
           
             E.
          
           1.
           (
           which
           was
           then
           in
           force
           ,
           and
           did
           enact
           the
           finding
           of
           Arms
           
             juxta
             statum
             &
             facultates
             ,
          
           in
           manner
           as
           is
           therein
           expressed
           )
           that
           that
           Statute
           of
           13.
           
             E.
          
           1.
           being
           since
           repealed
           ,
           that
           Commission
           is
           likewise
           repealed
           ,
           and
           become
           unwarrantable
           at
           this
           day
           .
        
         
           For
           answer
           whereunto
           ,
           in
           the
           first
           place
           ,
           We
           do
           deny
           that
           this
           Commission
           is
           any
           waies
           grounded
           upon
           13.
           
             E.
          
           1.
           
           First
           ,
           for
           that
           (
           as
           We
           have
           proved
           )
           13.
           
             E.
          
           1.
           originally
           was
           not
           meant
           ,
           as
           a
           provision
           of
           Arms
           for
           defence
           extraordinary
           ,
           much
           lesse
           so
           intended
           here
           .
        
         
           Secondly
           ,
           if
           it
           were
           for
           defence
           extraordinary
           ,
           yet
           neither
           this
           Act
           of
           5.
           
             H.
          
           4.
           nor
           the
           Commission
           thereby
           setled
           ,
           have
           any
           relation
           thereunto
           in
           words
           ,
           much
           lesse
           in
           meaning
           .
        
         
         
           For
           the
           words
           ,
           There
           is
           no
           mention
           of
           13.
           
             E.
          
           1.
           either
           in
           the
           Act
           or
           Commission
           ,
           but
           the
           words
           of
           the
           Commission
           are
           generall
           ,
           for
           imposing
           Arms
           
             secundùm
             statum
             &
             facultates
             ;
          
           According
           to
           every
           mans
           degree
           and
           ability
           ,
           without
           limitation
           ,
           of
           the
           kinde
           of
           Arms
           ,
           or
           particular
           severall
           proportions
           of
           estates
           .
        
         
           And
           for
           the
           meaning
           ,
           We
           cannot
           conceive
           it
           to
           be
           lesse
           ,
           then
           according
           to
           the
           full
           extent
           of
           the
           words
           ,
           For
           there
           is
           lesse
           reason
           to
           imagine
           that
           the
           Parliament
           of
           5.
           
             H.
          
           4.
           did
           any
           waies
           intend
           the
           assize
           of
           Arms
           established
           by
           13.
           
             E.
          
           1.
           then
           there
           was
           to
           imagine
           the
           like
           upon
           the
           Act
           of
           1.
           
             E.
          
           3.
           for
           that
           between
           1.
           
             E.
          
           3.
           and
           5.
           
             H.
          
           4.
           all
           kinde
           of
           Arms
           were
           more
           altered
           then
           betwixt
           13.
           
             E.
          
           1.
           and
           1.
           
             E.
          
           3.
           and
           in
           this
           space
           of
           time
           ,
           Guns
           were
           come
           into
           use
           in
           
             England
             ,
          
           which
           were
           both
           necessary
           to
           be
           commanded
           and
           provided
           against
           by
           other
           arms
           .
        
         
           And
           to
           avoid
           Repetitions
           ,
           We
           further
           referre
           Our self
           ,
           in
           these
           two
           particulars
           ,
           to
           what
           We
           before
           observed
           upon
           the
           Statute
           of
           1.
           
             E.
          
           3.
           
        
         
           And
           as
           for
           any
           restraint
           of
           those
           generall
           words
           of
           Our
           Commission
           ,
           by
           any
           construction
           of
           Law
           to
           the
           particular
           assize
           of
           13.
           
             E.
          
           1.
           
           We
           say
           ,
           That
           
           though
           a
           subsequent
           particular
           Act
           may
           restrain
           the
           generall
           words
           of
           a
           Commission
           (
           as
           We
           have
           said
           before
           ;
           upon
           the
           Statute
           of
           4.
           
           
             &
             5.
             
             Ph.
             &
             M.
          
           )
           because
           the
           subsequent
           act
           ,
           as
           it
           may
           take
           away
           ,
           so
           it
           may
           limit
           any
           Power
           given
           either
           by
           Common
           Law
           or
           Statute
           ,
           yet
           a
           precedent
           particular
           Act
           (
           upon
           the
           same
           reason
           ,
           because
           it
           hath
           no
           such
           power
           )
           doth
           not
           regularly
           restrain
           the
           generall
           words
           of
           a
           subsequent
           Statute
           ,
           which
           hath
           Power
           to
           controll
           the
           former
           ;
           and
           (
           as
           in
           Our
           case
           )
           where
           the
           meaning
           appears
           to
           be
           as
           large
           as
           the
           words
           cannot
           possibly
           restrain
           them
           .
        
         
           But
           in
           this
           We
           need
           not
           labour
           ,
           For
           though
           the
           Declaration
           in
           making
           way
           for
           this
           Objection
           ,
           admits
           the
           Commission
           ,
           to
           have
           some
           colour
           to
           be
           legall
           ,
           as
           grounded
           upon
           13.
           
             E.
          
           1.
           as
           to
           that
           part
           of
           finding
           Arms
           
             juxta
             statum
             &
             facultates
             :
          
           Yet
           it
           is
           the
           main
           and
           throughout
           ground
           of
           the
           Declaration
           ,
           
             That
             this
             Commission
             ,
             because
             it
             is
             generall
             ,
             is
             against
             the
             Statute
             of
             13.
             E.
             1.
             and
             the
             other
             Statutes
             ,
             and
             so
             void
             ;
          
           whereas
           ,
           if
           the
           Commission
           had
           been
           restrained
           to
           13.
           
             E.
          
           1.
           then
           it
           could
           not
           have
           been
           void
           as
           contrary
           thereunto
           .
        
         
           But
           ,
           admitting
           that
           this
           Commission
           was
           ,
           by
           construction
           of
           Law
           ,
           necessarily
           to
           be
           regulated
           
           according
           to
           13.
           
             E.
          
           1.
           whilest
           that
           Statute
           was
           in
           force
           ,
           Our
           answer
           is
           ,
           that
           neverthelesse
           this
           Commission
           did
           not
           fall
           by
           the
           repeal
           of
           that
           Statute
           .
        
         
           Wherein
           We
           shall
           admit
           (
           which
           the
           Declaration
           supposeth
           ,
           though
           by
           Us
           it
           is
           disproved
           )
           That
           this
           Commission
           was
           not
           warranted
           at
           the
           Common
           Law
           before
           the
           Statute
           of
           5.
           
             H.
          
           4.
           and
           then
           the
           Case
           is
           but
           this
           .
        
         
           The
           Statute
           of
           13.
           
             E.
          
           1.
           doth
           appoint
           a
           particular
           Assize
           of
           Arms
           for
           kinds
           and
           proportions
           ,
           according
           to
           this
           necessary
           rule
           ,
           the
           arms
           for
           the
           
             kinde
          
           shall
           be
           fit
           for
           defence
           ;
           and
           for
           the
           
             proportion
             ,
          
           shall
           be
           according
           
             to
             mens
             abilities
          
           (
           for
           such
           is
           the
           Act.
           )
           Afterwards
           5.
           
           
             Hen.
          
           4.
           doth
           establish
           this
           Commission
           ,
           wherein
           there
           is
           no
           particular
           reference
           unto
           this
           Statute
           of
           13.
           
             E.
          
           1.
           but
           the
           rule
           is
           generall
           to
           charge
           Arms
           ,
           for
           the
           kinds
           ,
           according
           to
           the
           use
           of
           the
           time
           (
           for
           that
           is
           necessarily
           implied
           )
           and
           for
           the
           proportions
           ,
           according
           to
           mens
           degrees
           and
           abilities
           :
           which
           are
           equall
           rules
           fit
           ever
           to
           continue
           ,
           though
           the
           kinds
           and
           proportions
           ,
           may
           and
           must
           alter
           .
        
         
           In
           this
           case
           We
           doe
           agree
           ,
           That
           if
           the
           Commission
           had
           expressely
           referred
           to
           charge
           according
           
           to
           that
           Statute
           of
           13.
           
             E.
          
           1.
           then
           that
           Commission
           could
           have
           been
           no
           longer
           of
           force
           then
           the
           Statute
           had
           continued
           .
           For
           then
           it
           had
           been
           no
           more
           in
           substance
           ,
           then
           if
           the
           powers
           had
           been
           but
           particular
           ,
           to
           charge
           certain
           Arms
           ,
           and
           in
           certain
           proportions
           according
           to
           that
           Statute
           .
           And
           in
           this
           sence
           We
           must
           agree
           with
           the
           Declaration
           ,
           That
           a
           Commission
           being
           so
           grounded
           upon
           a
           Statute
           ,
           upon
           the
           Repeal
           of
           the
           Statute
           ,
           both
           fall
           together
           .
        
         
           But
           in
           this
           case
           ,
           (
           thus
           admitted
           )
           where
           the
           Commission
           is
           generall
           ,
           and
           if
           13.
           
             E.
          
           1.
           had
           never
           been
           ,
           must
           have
           had
           its
           full
           operation
           ,
           according
           to
           the
           words
           ,
           both
           for
           the
           kind
           of
           Arms
           and
           proportions
           ,
           and
           was
           regulated
           but
           by
           a
           bare
           construction
           of
           Law
           ,
           both
           for
           Arms
           and
           Proportions
           by
           13.
           E.
           1.
           which
           the
           Parliament
           might
           think
           fit
           to
           be
           a
           rule
           for
           that
           time
           ;
           it
           seems
           strongly
           to
           follow
           ,
           that
           when
           13.
           
             E.
          
           1.
           (
           which
           was
           the
           only
           impediment
           why
           it
           did
           not
           work
           according
           to
           the
           extent
           of
           the
           words
           )
           is
           repealed
           ,
           the
           operation
           of
           the
           Law
           upon
           this
           Commission
           ,
           by
           force
           of
           that
           statute
           ,
           must
           likewise
           cease
           :
           and
           the
           Commission
           must
           be
           construed
           according
           to
           the
           words
           ,
           the
           rather
           for
           avoiding
           of
           this
           mischief
           ,
           
           that
           otherwise
           the
           Kingdom
           should
           be
           without
           all
           necessary
           means
           to
           put
           it
           into
           a
           posture
           of
           defence
           ,
           which
           that
           Act
           did
           intend
           principally
           〈◊〉
           ,
           perpetually
           to
           provide
           for
           .
        
         
           But
           more
           fully
           to
           take
           off
           this
           Objection
           ,
           We
           must
           here
           remember
           (
           what
           we
           have
           proved
           before
           )
           that
           the
           Powers
           of
           this
           Commission
           in
           the
           latitude
           of
           the
           words
           thereof
           for
           imposing
           Arms
           ,
           
             secundùm
             statum
             &
             facultates
             ,
          
           according
           to
           mens
           degrees
           and
           abilities
           ,
           was
           warranted
           at
           the
           Common
           Law
           before
           any
           Statute
           ,
           and
           was
           to
           be
           executed
           without
           the
           direction
           of
           any
           particular
           Assize
           for
           kinds
           and
           proportions
           :
           As
           at
           this
           day
           severall
           like
           powers
           for
           assessing
           men
           both
           by
           Statute
           and
           Common
           Law
           according
           to
           their
           abilities
           ,
           as
           for
           high
           ways
           ,
           poor
           of
           the
           Parish
           ,
           and
           the
           like
           are
           to
           be
           executed
           .
        
         
           These
           then
           being
           the
           Powers
           at
           Common
           Law
           ,
           As
           it
           is
           cleer
           they
           are
           not
           taken
           away
           by
           any
           affirmative
           Statute
           ,
           (
           such
           as
           13.
           
             E.
          
           1.
           seems
           to
           be
           :
           )
           So
           if
           We
           shall
           admit
           (
           as
           strongest
           against
           Our self
           )
           that
           there
           were
           any
           negative
           words
           in
           this
           Statute
           or
           any
           other
           Statute
           grounded
           thereupon
           ,
           that
           the
           Subject
           should
           not
           be
           compellable
           to
           be
           armed
           otherwise
           ,
           (
           which
           other
           Statutes
           (
           according
           
           to
           the
           ground
           rightly
           taken
           in
           the
           Declaration
           )
           must
           necessarily
           fall
           by
           the
           repeal
           of
           13.
           
           〈◊〉
           1.
           
           Then
           that
           Statute
           being
           repealed
           ,
           the
           Commission
           thus
           freed
           of
           those
           Statutes
           ,
           remains
           in
           full
           force
           as
           it
           was
           at
           the
           Common
           Law
           .
        
         
           And
           now
           that
           wee
           have
           passed
           over
           the
           Acts
           of
           Our
           Predecessors
           as
           well
           before
           as
           after
           the
           Act
           of
           5.
           
             H.
          
           4.
           
           We
           are
           encountred
           with
           Our
           own
           Acts
           ,
           the
           Petition
           of
           Right
           ,
           and
           a
           Recitall
           in
           an
           Act
           this
           present
           Parliament
           ,
           as
           being
           both
           against
           Our
           Commission
           .
        
         
           Whereunto
           We
           need
           to
           say
           but
           this
           .
           That
           it
           appears
           out
           of
           themselves
           ,
           that
           neither
           of
           them
           were
           ever
           meant
           to
           introduce
           a
           new
           Law
           :
           So
           as
           if
           (
           as
           We
           have
           proved
           )
           Our
           Commission
           be
           not
           against
           the
           Law
           ,
           as
           it
           stood
           formerly
           ,
           they
           were
           not
           Intended
           nor
           justly
           ought
           to
           be
           extended
           against
           it
           .
           But
           to
           give
           yet
           more
           particular
           and
           full
           answers
           thereunto
           ;
           We
           say
           ,
           First
           ,
           for
           the
           Petition
           of
           Right
           ,
           it
           no
           waies
           extends
           to
           our
           Commissions
           of
           Array
           .
        
         
           The
           Objection
           made
           upon
           it
           stands
           thus
           .
           The
           Petition
           of
           Right
           sets
           forth
           ,
           That
           by
           the
           Lawes
           and
           Statutes
           of
           this
           Realm
           ,
           the
           Subjects
           have
           inherited
           
           this
           Freedom
           ,
           That
           they
           should
           not
           be
           compelled
           to
           contribute
           to
           any
           Tax
           ,
           Tallage
           ,
           Aid
           ,
           or
           other
           like
           charge
           ,
           not
           set
           by
           common
           consent
           in
           Parliament
           .
           And
           after
           complains
           ,
           That
           divers
           charges
           have
           been
           laid
           and
           levied
           upon
           the
           People
           by
           Lords
           Lievtenants
           ,
           Deputy
           Lievtenants
           ,
           Commissioners
           for
           Musters
           ,
           Justices
           of
           Peace
           ,
           and
           others
           ,
           by
           command
           or
           direction
           from
           Us
           ,
           or
           Our
           Privy
           Councell
           ,
           against
           the
           Laws
           and
           free
           Customs
           of
           the
           Realm
           ,
           which
           the
           Declaration
           alleadgeth
           to
           be
           the
           breach
           of
           those
           Laws
           .
        
         
           Then
           the
           words
           of
           the
           Petition
           are
           thus
           applyed
           ,
           That
           here
           is
           a
           Taxe
           or
           Charge
           imposed
           upon
           the
           people
           ,
           by
           Compelling
           them
           to
           find
           Arms
           by
           command
           and
           direction
           from
           Us
           ,
           under
           Our
           great
           Seal
           ,
           without
           consent
           in
           Parliament
           .
        
         
           And
           the
           meaning
           of
           the
           Petition
           is
           thus
           inforced
           ,
           That
           it
           is
           very
           well
           known
           ,
           and
           doth
           sufficiently
           appear
           ,
           that
           the
           charges
           there
           mentioned
           to
           be
           laid
           by
           Lords
           Lievtenants
           ,
           and
           Deputy
           Lievtenants
           ,
           were
           the
           charging
           of
           the
           Subjects
           with
           Arms
           against
           Law
           ,
           by
           colour
           of
           their
           Commission
           from
           Us
           ,
           and
           consequently
           this
           Commission
           is
           against
           the
           Petition
           of
           Right
           .
        
         
         
           For
           Our
           cleerer
           answer
           ,
           We
           shall
           set
           down
           the
           summe
           of
           the
           Petition
           ,
           for
           so
           much
           as
           concerns
           the
           unlawfull
           charging
           of
           the
           Subject
           .
           And
           it
           is
           this
           .
        
         
           First
           ,
           the
           Petition
           recites
           severall
           Statutes
           ,
           as
           made
           against
           the
           compelling
           the
           Subject
           to
           the
           making
           or
           yeelding
           any
           Gift
           ,
           Loan
           ,
           Benevolence
           ,
           Taxes
           ,
           Aids
           ,
           or
           such
           like
           Charges
           without
           Common
           consent
           in
           Parliament
           ;
           and
           next
           setteth
           forth
           a
           violation
           of
           those
           Statutes
           ,
           by
           the
           Commissions
           of
           Loans
           ,
           and
           Execution
           of
           them
           ;
           and
           that
           divers
           other
           Charges
           had
           been
           laid
           and
           levied
           by
           Lords
           Lievtenants
           ,
           and
           others
           (
           as
           is
           aforesaid
           )
           and
           lastly
           the
           Prayer
           is
           substantively
           of
           it self
           ,
           without
           any
           relative
           words
           ,
           yet
           extends
           to
           all
           that
           was
           before
           complained
           of
           ,
           and
           contains
           the
           substance
           of
           all
           those
           former
           Statutes
           in
           these
           words
           ,
           
             That
             no
             man
             be
             compelled
             ,
             to
             make
             or
             yeeld
             any
             Gift
             ,
             Loan
             ,
             Benevolence
             ,
             Tax
             ,
             or
             such
             like
             Charge
             without
             common
             consent
             by
             Act
             of
             Parliament
             .
          
           And
           Our
           answer
           to
           that
           part
           of
           the
           Prayer
           ,
           amongst
           the
           rest
           ,
           is
           ,
           
             Let
             right
             be
             done
             as
             it
             desired
             .
          
        
         
           And
           Our
           answer
           to
           the
           Objection
           stands
           thus
           .
        
         
           First
           ,
           that
           whatsoever
           sence
           any
           words
           of
           the
           Preamble
           may
           seem
           to
           import
           ,
           yet
           without
           question
           ,
           
           there
           is
           no
           more
           in
           this
           Preamble
           then
           is
           after
           contained
           in
           the
           Prayer
           :
           So
           if
           Our
           Commission
           be
           not
           against
           the
           Prayer
           ,
           there
           can
           be
           no
           Argument
           against
           it
           drawn
           out
           of
           the
           Preamble
           ,
           or
           if
           in
           truth
           there
           were
           more
           in
           the
           Preamble
           then
           in
           the
           Prayer
           ,
           (
           whereunto
           only
           the
           Royall
           assent
           extends
           ,
           )
           yet
           nothing
           could
           bindingly
           be
           concluded
           thereupon
           (
           as
           We
           shall
           further
           shew
           upon
           occasion
           .
           )
        
         
           This
           then
           onely
           rests
           to
           be
           considered
           upon
           this
           Objection
           ;
           Whether
           the
           powers
           ,
           in
           Our
           Commission
           ,
           to
           compell
           the
           Subjects
           ,
           able
           of
           body
           and
           estate
           to
           Arm
           themselves
           ,
           and
           in
           case
           of
           impotency
           to
           find
           Arms
           for
           others
           ,
           for
           the
           necessary
           defence
           of
           the
           Kingdom
           ,
           can
           be
           said
           to
           be
           a
           compelling
           of
           the
           subject
           ,
           
             to
             make
             or
             yeeld
             any
             Gift
             ,
             Loan
             ,
             Benevolence
             ,
             Tax
             ,
             or
             other
             like
             Charge
             ,
             contrary
             to
             the
             Prayer
             of
             the
             Petition
             .
          
        
         
           Upon
           the
           Case
           thus
           truly
           stated
           ,
           it
           is
           cleere
           ,
           That
           here
           is
           
             no
             yeelding
             or
             making
             of
             Gift
             ,
             Benevolence
             ,
             or
             Loan
             ;
          
           And
           as
           for
           
             making
             or
             yeelding
             any
             Tax
             or
             other
             like
             charge
             ,
          
           though
           it
           be
           true
           ,
           That
           this
           arming
           a
           mans
           self
           ,
           or
           finding
           Arms
           for
           another
           ,
           cannot
           be
           done
           without
           Charge
           :
           Yet
           We
           appeal
           to
           every
           mans
           understanding
           ,
           whether
           
           Our
           Subjects
           can
           ,
           upon
           this
           Commission
           ,
           be
           said
           
             to
             make
             or
             yeeld
          
           (
           for
           so
           are
           the
           words
           )
           
             any
             Tax
             or
             other
             Charge
          
           against
           the
           Petition
           ,
           any
           more
           ,
           then
           if
           We
           command
           a
           City
           to
           repair
           their
           Walls
           ,
           or
           a
           Levell
           (
           putting
           the
           Case
           before
           any
           statute
           ,
           to
           take
           away
           all
           colour
           of
           evasion
           )
           to
           repair
           the
           Sea-banks
           ,
           when
           they
           were
           in
           decay
           ,
           being
           no
           particular
           advantage
           to
           Us
           ,
           but
           for
           the
           Common
           good
           of
           themselves
           .
        
         
           The
           truth
           is
           ,
           That
           albeit
           the
           imposing
           of
           divers
           charges
           ,
           &
           commanding
           divers
           Acts
           drawing
           charges
           upon
           the
           Subject
           ,
           though
           possibly
           for
           their
           advantage
           ,
           are
           void
           in
           Law
           :
           notwithstanding
           it
           doth
           not
           follow
           that
           they
           are
           void
           as
           against
           this
           Petition
           .
           For
           the
           Petition
           of
           Right
           ,
           as
           against
           the
           charges
           therein
           mentioned
           ,
           is
           onely
           to
           be
           intended
           of
           Money
           ,
           or
           other
           thing
           valuable
           ,
           and
           to
           be
           parted
           with
           to
           or
           for
           Us
           ,
           or
           Our
           advantage
           :
           such
           as
           are
           all
           the
           charges
           more
           specially
           mentioned
           in
           the
           preamble
           and
           Prayer
           ,
           as
           that
           of
           Gift
           ,
           Loan
           ,
           and
           Benevolences
           ,
           And
           such
           as
           were
           those
           Charges
           intended
           in
           the
           Preamble
           under
           the
           generall
           expression
           of
           divers
           other
           Charges
           imposed
           by
           Lord
           Lievtenants
           ,
           &c.
           which
           We
           think
           is
           very
           well
           known
           to
           most
           Counties
           ,
           to
           
           have
           been
           meer
           Pecuniary
           Payments
           ,
           and
           which
           We
           ought
           to
           have
           born
           .
           And
           for
           the
           other
           charges
           ,
           that
           is
           ,
           of
           Taxes
           ,
           Tallages
           ,
           Aydes
           likewise
           mentioned
           ,
           which
           as
           to
           this
           purpose
           are
           but
           
             Synonoma
             ,
          
           and
           of
           one
           signification
           ,
           they
           are
           meant
           of
           money
           or
           other
           things
           valuable
           ,
           and
           for
           the
           King
           ;
           and
           so
           used
           in
           the
           old
           Statutes
           ,
           and
           had
           been
           in
           former
           times
           imposed
           upon
           the
           people
           ,
           without
           Act
           of
           Parliament
           ;
           and
           accordingly
           all
           of
           them
           are
           so
           to
           be
           expounded
           in
           the
           Preamble
           .
           And
           the
           Prayer
           of
           the
           Petition
           saith
           nothing
           expressely
           against
           the
           Commanding
           the
           Subject
           to
           do
           a
           thing
           which
           may
           be
           necessarily
           of
           expence
           or
           Charge
           ,
           (
           wherein
           the
           Act
           is
           onely
           intended
           ,
           and
           the
           Charge
           but
           a
           necessary
           Incident
           )
           but
           the
           Prayer
           is
           onely
           against
           the
           compelling
           of
           the
           Subject
           
             to
             yeeld
             ,
             or
             make
          
           those
           kinds
           of
           charges
           :
           So
           as
           the
           cleer
           sence
           of
           the
           Petition
           ,
           both
           according
           to
           the
           occasion
           of
           complaint
           therein
           mentioned
           ,
           and
           the
           Laws
           whereupon
           it
           is
           framed
           ,
           as
           well
           as
           the
           propriety
           of
           the
           words
           ,
           is
           only
           against
           drawing
           from
           the
           Subject
           ,
           either
           money
           or
           money-worth
           ,
           by
           any
           of
           those
           particular
           charges
           therein
           mentioned
           ,
           or
           any
           other
           charge
           of
           like
           nature
           (
           under
           what
           specious
           title
           soever
           )
           for
           the
           Kings
           
           advantage
           ,
           which
           the
           more
           plainly
           appears
           ,
           for
           that
           the
           charge
           must
           be
           
             yeelded
          
           or
           
             made
             ,
          
           as
           upon
           
             Gift
             ,
             Loan
             ,
             &c.
          
           which
           must
           necessarily
           be
           intended
           unto
           some
           
             person
             ,
          
           and
           no
           other
           person
           can
           be
           here
           colourably
           intended
           but
           the
           
             King
             .
          
        
         
           And
           if
           the
           Petition
           ,
           by
           any
           construction
           ,
           may
           extend
           against
           the
           commanding
           of
           any
           
             Acts
             ,
          
           which
           in
           the
           execution
           may
           induce
           charges
           ,
           yet
           such
           charges
           must
           (
           according
           to
           the
           very
           words
           of
           the
           Petition
           )
           be
           
             such
             like
             Charges
             ,
          
           that
           is
           for
           Us
           or
           Our
           advantage
           ,
           as
           the
           particular
           
             Charges
             therein
             mentioned
             ,
             of
             Gift
             ,
             Loan
             ,
             &c.
             
          
           But
           this
           charging
           of
           the
           Subject
           with
           Arms
           for
           the
           necessary
           defence
           of
           the
           Kingdom
           cannot
           be
           said
           for
           Our
           particular
           advantage
           ,
           all
           Our
           Subjects
           having
           therein
           a
           common
           interest
           .
        
         
           As
           for
           the
           meaning
           of
           the
           Petition
           inforced
           in
           the
           Objection
           from
           the
           Charges
           by
           Lord
           Lievtenants
           ,
           and
           others
           complained
           against
           in
           the
           Preamble
           ,
           sure
           We
           are
           that
           those
           must
           be
           such
           in
           the
           particular
           ,
           as
           are
           after
           contained
           in
           the
           generall
           words
           of
           the
           Prayer
           ,
           to
           which
           We
           have
           answered
           before
           ;
           And
           though
           it
           be
           to
           this
           purpose
           said
           in
           the
           Declaration
           ,
           That
           those
           
             Charges
             by
             Lord
             Lievtenants
             and
             others
             ,
          
           were
           meant
           of
           
             charging
             
             of
             the
             Subject
             with
             Arms
             ,
          
           certainly
           no
           such
           thing
           can
           appear
           in
           the
           Petition
           ,
           which
           speaks
           but
           only
           of
           
             divers
             charges
             ,
          
           but
           names
           none
           in
           particular
           ;
           nor
           can
           there
           be
           any
           other
           assurance
           that
           the
           Houses
           did
           intend
           any
           such
           thing
           ,
           but
           by
           Votes
           ,
           wherein
           they
           onely
           speak
           :
           and
           if
           any
           such
           Votes
           had
           been
           ,
           We
           doubt
           not
           but
           We
           should
           have
           found
           them
           inserted
           in
           this
           Declaration
           :
           And
           a
           particular
           complaint
           of
           so
           great
           a
           grievance
           (
           as
           Our
           Commission
           is
           made
           to
           be
           )
           would
           have
           been
           expressed
           in
           the
           Preamble
           of
           the
           Petition
           ,
           with
           the
           Quotations
           of
           Statutes
           to
           the
           contrary
           ,
           as
           was
           done
           concerning
           other
           grievances
           .
           But
           in
           truth
           it
           is
           well
           known
           ,
           That
           about
           that
           time
           ,
           upon
           occasion
           of
           Our
           wars
           ,
           there
           were
           divers
           other
           charges
           imposed
           by
           Our
           Lievtenants
           ,
           and
           others
           ,
           of
           a
           far
           differing
           nature
           ,
           most
           of
           which
           were
           by
           direction
           from
           Us
           or
           Our
           Privie
           Councell
           ,
           according
           to
           the
           exigency
           of
           the
           time
           and
           some
           former
           practice
           .
        
         
           And
           We
           do
           beleeve
           ,
           that
           there
           was
           at
           that
           time
           neither
           complaint
           or
           occasion
           of
           complaint
           against
           the
           imposing
           of
           Arms
           for
           home
           defence
           of
           the
           Kingdom
           .
           Howsoever
           We
           are
           sure
           that
           no
           such
           complaint
           was
           particularly
           represented
           
           unto
           Us
           ,
           or
           Our
           Answer
           intended
           thereunto
           .
        
         
           And
           now
           to
           cleer
           this
           sence
           of
           the
           Petition
           〈◊〉
           of
           the
           judgement
           of
           both
           Our
           Houses
           this
           〈◊〉
           Parliament
           ,
           We
           demand
           this
           Question
           :
           If
           so
           be
           the
           imposing
           Arms
           for
           defence
           be
           a
           charge
           upon
           the
           Subject
           within
           the
           meaning
           of
           this
           Petition
           ,
           how
           the
           two
           Houses
           will
           justifie
           their
           Ordinance
           ,
           which
           We
           are
           sure
           they
           will
           not
           call
           an
           Act
           of
           Parliament
           ;
           for
           without
           an
           Act
           of
           Parliament
           ,
           no
           charge
           thereby
           provided
           against
           ,
           can
           be
           imposed
           upon
           the
           Subject
           ,
           the
           words
           being
           plain
           ,
           That
           no
           man
           shall
           be
           compelled
           to
           make
           or
           yeeld
           any
           Gift
           ,
           Loan
           ,
           Benevolence
           ,
           Tax
           ,
           or
           other
           such
           like
           charge
           ,
           
             without
             common
             consent
             by
             Act
             of
             Parliament
             .
          
        
         
           And
           now
           ,
           since
           this
           Declaration
           hath
           given
           Us
           such
           occasion
           to
           examine
           Our
           Commission
           upon
           the
           Petition
           of
           Right
           ,
           We
           shall
           conclude
           ,
           out
           of
           that
           Petition
           ,
           That
           that
           Parliament
           did
           conceive
           the
           powers
           of
           this
           Commission
           warrantable
           in
           every
           point
           .
        
         
           For
           it
           is
           plainly
           to
           be
           observed
           ,
           that
           the
           Commons
           did
           then
           take
           into
           consideration
           the
           generall
           grievances
           of
           the
           Kingdom
           ,
           more
           particularly
           ,
           concerning
           Military
           affaires
           ,
           and
           therein
           
           the
           actions
           of
           Lord
           Lievtenants
           ,
           and
           Deputy-Lievtenants
           with
           their
           Commissions
           and
           powers
           ,
           and
           their
           exceeding
           of
           their
           power
           ,
           as
           expressely
           the
           billeting
           of
           Souldiers
           ,
           and
           the
           payment
           of
           Billet-money
           ,
           Muster-masters
           fees
           ,
           and
           others
           of
           that
           nature
           ,
           were
           then
           in
           dispute
           .
           And
           although
           the
           two
           Houses
           could
           not
           but
           take
           notice
           of
           the
           imposing
           of
           Arms
           upon
           the
           Subject
           by
           Our
           Commission
           ,
           of
           Lievtenancy
           ,
           &
           their
           powers
           to
           Levy
           ,
           call
           together
           ,
           Arm
           ,
           Array
           ,
           Train
           ,
           and
           Muster
           Our
           Subjects
           inhabiting
           in
           Our
           severall
           Counties
           ,
           and
           to
           conduct
           and
           lead
           them
           against
           all
           Our
           Enemies
           ,
           and
           all
           Rebels
           and
           Traytors
           ,
           from
           time
           to
           time
           ,
           as
           need
           should
           require
           ,
           (
           in
           which
           particulars
           they
           contained
           the
           powers
           of
           Our
           Commission
           of
           Array
           :
           )
           Yet
           the
           Complaint
           was
           not
           made
           against
           them
           ,
           for
           what
           they
           did
           by
           vertue
           of
           their
           Commission
           (
           no
           more
           then
           against
           the
           Justices
           of
           Peace
           ,
           though
           complained
           of
           ,
           together
           with
           the
           Lievtenants
           )
           but
           for
           matters
           wherein
           they
           did
           exceed
           their
           Commission
           ,
           upon
           the
           Command
           ,
           or
           direction
           from
           Us
           ,
           or
           Our
           Councell
           ;
           the
           Petition
           throughout
           distinguishing
           betwixt
           such
           Commands
           ,
           or
           directions
           ,
           and
           Our
           Commissions
           .
        
         
         
           So
           that
           We
           conclude
           ,
           here
           was
           not
           only
           an
           admission
           ,
           but
           an
           approbation
           of
           those
           powers
           ,
           by
           that
           Parliament
           .
        
         
           We
           come
           now
           to
           the
           recitall
           in
           the
           Preamble
           of
           the
           late
           Statute
           made
           this
           Parliament
           .
           The
           words
           are
           these
           .
        
         
           
             For
             as
             much
             as
             great
             Commotions
             ,
             and
             Rebellions
             have
             been
             lately
             raised
             and
             stirred
             up
             in
             His
             Majesties
             Kingdom
             of
             Ireland
             ,
             by
             the
             wicked
             plots
             and
             conspiracies
             ,
             of
             divers
             of
             His
             Majesties
             Subjects
             there
             (
             being
             traiterously
             affected
             )
             to
             the
             great
             endangering
             ,
             not
             only
             of
             the
             said
             Kingdom
             ,
             but
             also
             of
             this
             Kingdom
             of
             England
             ,
             unlesse
             a
             speedy
             course
             be
             taken
             for
             the
             proventing
             hereof
             And
             for
             the
             raising
             and
             pressing
             of
             men
             for
             those
             Services
             .
             And
             whereas
             ,
             by
             the
             Laws
             of
             this
             Realm
             ,
             none
             of
             His
             Majesties
             Subjects
             ought
             to
             be
             impressed
             ,
             or
             compelled
             to
             go
             out
             of
             His
             County
             ,
             to
             serve
             as
             a
             Souldier
             in
             the
             Wars
             ,
             except
             in
             case
             of
             necessity
             of
             the
             sudden
             coming
             in
             of
             strange
             Enemies
             into
             the
             Kingdom
             ,
             or
             except
             they
             be
             otherwise
             bound
             by
             the
             Tenure
             of
             their
             Lands
             or
             possessions
             &c.
          
           (
           upon
           which
           Preamble
           ,
           there
           is
           ,
           in
           that
           Statute
           ,
           some
           provision
           made
           for
           a
           time
           for
           raising
           and
           impressing
           men
           for
           those
           Services
           .
           )
        
         
           And
           upon
           this
           Preamble
           ,
           the
           conclusion
           is
           
           made
           in
           these
           words
           ,
           
             That
             this
             ,
             Commission
             is
             directly
             contrary
             to
             this
             Declaration
             is
             so
             evident
             ,
             that
             it
             requireth
             no
             application
             .
          
        
         
           To
           this
           Objection
           ,
           We
           say
           ,
           We
           might
           make
           Our
           Answer
           as
           short
           as
           the
           inference
           is
           ,
           by
           affirming
           ,
           That
           it
           is
           evident
           ,
           that
           this
           Commission
           is
           not
           contrary
           to
           this
           recitall
           ;
           And
           surely
           We
           think
           that
           what
           We
           have
           already
           opened
           ,
           being
           applyed
           to
           this
           Objection
           ,
           would
           warrant
           that
           Answer
           .
        
         
           But
           that
           We
           may
           leave
           nothing
           undone
           ,
           that
           may
           tend
           towards
           the
           full
           satisfaction
           of
           Our
           good
           people
           ,
           We
           shall
           also
           give
           this
           a
           particular
           answer
           .
        
         
           First
           ,
           We
           say
           ,
           That
           if
           this
           recitall
           had
           been
           an
           Act
           ,
           yet
           there
           were
           nothing
           in
           Our
           Commission
           contrary
           to
           the
           letter
           of
           it
           ,
           for
           that
           by
           this
           Commision
           ,
           no
           man
           is
           compellable
           by
           any
           speciall
           words
           to
           go
           out
           of
           his
           County
           .
        
         
           And
           the
           generall
           words
           ,
           (
           giving
           power
           to
           the
           Commissioners
           ,
           for
           leading
           them
           to
           the
           Sea-coast
           or
           elsewhere
           (
           as
           We
           have
           often
           repeated
           )
           are
           with
           these
           limitations
           :
           They
           are
           to
           lead
           them
           ,
           but
           when
           there
           is
           imminent
           Danger
           of
           enemies
           ,
           for
           defence
           of
           the
           Kingdom
           ;
           and
           then
           
           only
           they
           are
           to
           be
           led
           to
           such
           places
           ,
           as
           shall
           be
           necessary
           for
           the
           expulsion
           ,
           vanquishing
           ,
           and
           destruction
           of
           the
           said
           enemies
           ,
           And
           this
           is
           a
           case
           of
           necessity
           both
           within
           the
           words
           of
           this
           recitall
           ,
           and
           according
           to
           the
           sense
           of
           the
           same
           words
           ,
           in
           the
           Statute
           of
           1.
           E.
           3.
           and
           4.
           H.
           4.
           (
           therein
           meant
           )
           as
           We
           have
           before
           shewed
           .
        
         
           And
           thus
           we
           might
           leave
           this
           Objection
           ,
           but
           that
           it
           implies
           a
           matter
           of
           a
           greater
           consequence
           then
           plainly
           appears
           .
           That
           recitalls
           of
           the
           Law
           ,
           in
           Preambles
           of
           Statutes
           are
           binding
           ;
           For
           in
           this
           Objection
           ,
           this
           recitall
           is
           called
           
             a
             Declaration
             of
             the
             Law
          
           and
           Our
           Commission
           sard
           to
           be
           
             contrary
             to
             that
             Statute
             ,
          
           and
           it
           further
           implies
           ,
           That
           even
           in
           the
           greatest
           and
           most
           horrid
           Rebellion
           ,
           the
           Subject
           cannot
           be
           compelled
           out
           of
           the
           County
           ,
           for
           the
           suppression
           thereof
           .
           But
           to
           this
           We
           answor
           ,
           That
           the
           difference
           is
           apparent
           ,
           between
           an
           Act
           of
           Parliament
           declarative
           ,
           and
           a
           recitall
           in
           a
           Preamble
           :
           For
           such
           an
           
             Act
          
           (
           in
           any
           matter
           though
           mistaken
           )
           being
           assented
           unto
           by
           Us
           ,
           and
           Our
           two
           Houses
           ,
           is
           equally
           binding
           (
           as
           having
           equall
           authority
           )
           with
           an
           Act
           introductive
           of
           a
           new
           Law
           ,
           But
           the
           recitall
           in
           a
           Preamble
           ,
           is
           no
           part
           of
           the
           Act
           (
           the
           Royall
           assent
           being
           
           only
           to
           that
           ,
           which
           is
           expressely
           or
           tacitely
           prayed
           to
           be
           enacted
           :
           )
           Nor
           can
           it
           any
           wayes
           so
           much
           as
           imply
           Our
           opinion
           :
           For
           otherwise
           ,
           Kings
           must
           be
           inforced
           oftentimes
           to
           deny
           a
           good
           Law
           ,
           for
           an
           ill
           Preamble
           ;
           The
           consequence
           whereof
           is
           great
           in
           such
           an
           Act
           as
           requires
           expedition
           ,
           where
           a
           Bill
           once
           denyed
           ,
           is
           not
           regularly
           to
           be
           offered
           again
           in
           that
           Session
           of
           Parliament
           .
        
         
           And
           if
           it
           were
           needfull
           ,
           divers
           mistakes
           ,
           of
           the
           Law
           in
           Preambles
           might
           be
           produced
           by
           which
           We
           would
           be
           loath
           to
           bind
           our
           Subjects
           .
        
         
           Neverthelesse
           ,
           though
           Preambles
           be
           not
           in
           themselves
           sufficient
           to
           declare
           Laws
           ,
           yet
           We
           deny
           not
           they
           are
           of
           good
           use
           ,
           though
           not
           convincing
           Arguments
           to
           expound
           them
           .
        
         
           And
           for
           Our
           power
           in
           the
           matter
           of
           Rebellion
           ,
           besides
           what
           hath
           been
           said
           ,
           We
           might
           also
           adde
           (
           if
           it
           were
           materiall
           to
           this
           Commission
           ,
           )
           Preambles
           ,
           Recitals
           ,
           and
           other
           necessary
           Inferences
           out
           of
           other
           Statutes
           (
           made
           since
           those
           intended
           in
           this
           Recitall
           )
           which
           would
           prove
           ,
           that
           in
           case
           of
           Rebellion
           all
           Our
           Subjects
           ought
           to
           assist
           Us
           ,
           and
           to
           attend
           Our
           Person
           ,
           
           upon
           Our
           command
           ,
           for
           the
           defence
           thereof
           ,
           whensoever
           We
           should
           require
           it
           .
        
         
         
           And
           the
           truth
           is
           ,
           the
           occasion
           of
           this
           Act
           ,
           now
           urged
           against
           Us
           ,
           appears
           to
           be
           for
           the
           service
           of
           
             Ireland
             ,
          
           and
           the
           intention
           of
           it
           (
           for
           so
           much
           as
           is
           the
           enacting
           part
           )
           was
           to
           take
           away
           all
           question
           concerning
           the
           pressing
           of
           the
           Subjects
           of
           
             England
          
           for
           the
           suppression
           of
           the
           Rebellion
           in
           
             Ireland
             .
          
           And
           so
           concerned
           forraign
           service
           ,
           and
           not
           home
           defence
           ,
           either
           against
           Invasion
           of
           Enemies
           or
           Rebels
           .
        
         
           And
           thus
           far
           the
           work
           of
           the
           Declaration
           hath
           been
           to
           overthrow
           Our
           Commission
           by
           Statutes
           alleadged
           to
           be
           directly
           against
           it
           .
           There
           remains
           yet
           some
           other
           Objections
           drawn
           from
           
           the
           opinion
           of
           former
           Parliaments
           ,
           and
           the
           practice
           of
           Our selves
           and
           Our
           Predecessors
           ,
           and
           those
           not
           directly
           ,
           but
           by
           inferences
           .
           But
           these
           ,
           as
           we
           shall
           shew
           ,
           are
           so
           farre
           from
           concluding
           against
           Our
           Commission
           ,
           that
           they
           rather
           prove
           the
           contrary
           .
        
         
           The
           first
           of
           these
           Objections
           is
           upon
           the
           Statutes
           of
           1.
           
             Jac.
             c.
          
           25.
           and
           21.
           
           
             Iac.
             c.
          
           28.
           of
           Repeals
           :
           And
           is
           thus
           ,
           That
           the
           Statute
           of
           4
           
             &
             5.
             
             Ph.
             &
             M.
             cap.
          
           2.
           having
           repealed
           this
           Commission
           (
           for
           so
           the
           Declaration
           supposeth
           )
           They
           had
           shewed
           little
           care
           of
           their
           own
           and
           the
           Subjects
           liberty
           ,
           in
           the
           Parliament
           of
           ●
           .
           
             Iac.
          
           to
           repeal
           that
           Statute
           thereby
           to
           revive
           the
           power
           of
           this
           Commission
           ,
           which
           would
           have
           subjected
           the
           people
           to
           far
           greater
           bondage
           :
           and
           from
           thence
           inferreth
           ,
           That
           it
           is
           not
           probable
           that
           the
           Parliament
           of
           1.
           
             Jac.
          
           would
           have
           repealed
           ,
           .
           4
           
             &
             5
             Ph.
             &
             M.
          
           As
           lik●wise
           from
           the
           Statute
           of
           21.
           
           
             Iac.
          
           (
           which
           repealed
           the
           Statutes
           of
           13.
           
             E.
          
           1.
           and
           33.
           
             H.
          
           8.
           )
           That
           it
           is
           not
           probable
           ,
           that
           the
           Parliament
           of
           21.
           
           
             Jac.
          
           would
           have
           repealed
           those
           Statutes
           (
           which
           in
           a
           moderate
           manner
           proportioned
           the
           Arms
           every
           man
           was
           to
           find
           in
           certainty
           :
           )
           And
           suffer
           an
           Act
           (
           meaning
           this
           of
           5.
           
             H.
          
           4.
           )
           to
           continue
           ,
           which
           established
           
           a
           power
           in
           the
           King
           without
           limitation
           ,
           not
           only
           to
           impose
           Arms
           ,
           but
           to
           command
           the
           persons
           of
           the
           Subjects
           at
           pleasure
           .
        
         
           To
           this
           We
           say
           ,
           that
           both
           the
           grounds
           of
           this
           Objection
           are
           mistaken
           .
           For
           (
           as
           We
           have
           already
           shewed
           )
           neither
           is
           this
           Commission
           repealed
           by
           the
           Act
           of
           4
           
             &
             5
             P.
             &
             M.
          
           Nor
           is
           there
           any
           such
           unlimited
           Power
           given
           ,
           or
           Bondage
           by
           it
           ,
           as
           is
           pretended
           .
           And
           therefore
           Our
           Answer
           is
           ,
           That
           it
           is
           no
           wonder
           that
           those
           Parliaments
           might
           repeal
           4
           
             &
             5
             P.
             &
             M.
          
           as
           too
           hard
           ;
           and
           13.
           
             E.
             1.
             
             &
             33
             H.
          
           8.
           as
           of
           no
           use
           :
           and
           put
           the
           
             Militia
          
           of
           this
           Kingdom
           again
           wholly
           under
           the
           powers
           of
           this
           Commission
           ,
           (
           being
           so
           indifferent
           between
           both
           the
           other
           :
           )
           And
           indeed
           the
           
             Militia
          
           did
           after
           continue
           under
           Lievtenants
           ,
           who
           had
           in
           effect
           the
           powers
           given
           by
           this
           Commission
           .
        
         
           And
           now
           We
           shall
           return
           this
           Objection
           thus
           :
        
         
           That
           those
           Parliaments
           of
           1.
           
             Jac.
          
           and
           21.
           
           
             Iac.
          
           would
           have
           shewed
           little
           care
           of
           the
           safety
           and
           defence
           of
           the
           Kingdom
           to
           have
           repealed
           those
           Statutes
           which
           made
           provision
           for
           Arms
           ,
           if
           they
           had
           thought
           there
           were
           no
           Law
           or
           Power
           left
           in
           the
           King
           to
           charge
           men
           with
           Arms
           for
           defence
           
           of
           the
           Kingdom
           ,
           (
           as
           the
           Declaration
           affirmes
           the
           Law
           now
           to
           be
           .
           )
        
         
           But
           whosoever
           considers
           that
           at
           that
           time
           ,
           and
           long
           before
           ,
           the
           power
           of
           imposing
           arms
           ,
           was
           put
           in
           execution
           by
           Lievtenants
           ,
           and
           Deputy-Lievtenants
           ,
           by
           authority
           of
           their
           Commissions
           (
           which
           to
           this
           purpose
           are
           the
           same
           with
           Our
           Commissions
           of
           Array
           )
           and
           that
           this
           power
           was
           not
           complained
           of
           in
           those
           Parliaments
           ,
           must
           conclude
           it
           more
           then
           probable
           ,
           that
           those
           Parliaments
           did
           then
           conceive
           there
           was
           a
           sufficient
           power
           remaining
           in
           the
           King
           to
           impose
           Arms
           .
        
         
           The
           next
           Objection
           ,
           is
           from
           the
           opinion
           of
           the
           Parliament
           of
           4.
           and
           5.
           
           
             Philip
             &
             Mary
             ,
             c.
          
           3
           That
           if
           Our
           Commission
           had
           been
           authorized
           by
           Act
           of
           Parliament
           ,
           that
           Statute
           of
           
             Ph.
             
             &
             Mar.
          
           had
           been
           to
           little
           purpose
           ,
           whereby
           the
           penalty
           of
           Imprisonment
           for
           ten
           dayes
           ,
           or
           forty
           shillings
           is
           imposed
           upon
           such
           ,
           as
           do
           not
           appear
           at
           Musters
           ,
           being
           Summoned
           thereunto
           by
           the
           Kings
           Commissioners
           authorized
           for
           that
           purpose
           :
           Intimating
           ,
           as
           that
           the
           Act
           of
           
             Phil
             &
             Mar.
          
           would
           never
           have
           been
           made
           ,
           if
           they
           had
           then
           conceived
           ,
           that
           We
           had
           power
           to
           grant
           such
           Commissions
           .
        
         
         
           To
           this
           We
           answer
           ,
           That
           the
           particular
           Arms
           and
           proportions
           of
           Arms
           ,
           were
           then
           before
           appointed
           by
           the
           Statute
           of
           4.
           and
           5.
           
           
             Ph.
             &
             Mar.
             Cap.
          
           2.
           under
           certain
           penalties
           upon
           those
           who
           should
           be
           defective
           ,
           and
           so
           a
           great
           part
           of
           the
           care
           of
           the
           Commissioners
           of
           Array
           was
           supplyed
           by
           the
           provision
           of
           that
           Statute
           ;
           and
           the
           Commissions
           of
           Array
           being
           not
           so
           proper
           ,
           but
           in
           time
           of
           Danger
           ,
           and
           of
           a
           larger
           extent
           ,
           then
           the
           power
           of
           mustering
           ,
           a
           Commission
           of
           Muster
           (
           which
           is
           part
           of
           the
           power
           of
           a
           Commission
           of
           Array
           )
           would
           then
           serve
           the
           ordinary
           turn
           :
           and
           for
           every
           ordinary
           default
           ,
           but
           at
           a
           Muster
           ,
           in
           a
           time
           of
           no
           Danger
           ,
           the
           punishment
           by
           4.
           and
           5.
           
           
             Ph.
             &
             Mar.
             cap.
          
           3.
           was
           great
           enough
           .
        
         
           And
           for
           return
           of
           this
           Objection
           ,
           We
           say
           ,
           (
           as
           We
           observed
           before
           )
           That
           this
           Statute
           gives
           no
           new
           power
           ,
           to
           grant
           Commissions
           for
           Musters
           ,
           but
           admits
           the
           power
           to
           grant
           such
           Commissions
           to
           have
           been
           in
           the
           King
           before
           that
           time
           .
           And
           whereas
           the
           Statute
           of
           13.
           
             E.
          
           1.
           appoints
           no
           other
           Officers
           but
           the
           Constables
           for
           view
           of
           arms
           ,
           it
           appears
           by
           these
           Statutes
           of
           
             Phil.
          
           and
           
             Mar.
          
           that
           the
           King
           might
           appoint
           His
           Commissioners
           :
           which
           he
           could
           not
           ,
           if
           this
           power
           of
           Arms
           
           had
           been
           wholly
           grounded
           upon
           that
           Statute
           .
        
         
           The
           Last
           Objection
           of
           this
           nature
           ,
           is
           grounded
           upon
           the
           Common
           opinion
           or
           practice
           ;
           And
           is
           this
           .
        
         
           That
           the
           Commissions
           of
           Lievtenancy
           ,
           so
           grievous
           to
           the
           people
           ,
           and
           declared
           illegall
           in
           Parliament
           ,
           had
           not
           been
           so
           often
           issued
           ,
           and
           so
           much
           pressed
           upon
           them
           ,
           if
           the
           Commission
           of
           Array
           ,
           not
           much
           differing
           from
           it
           in
           power
           ,
           and
           not
           at
           all
           lesse
           grievous
           to
           the
           Subject
           ,
           might
           ,
           by
           the
           warrant
           and
           authority
           of
           the
           Laws
           of
           this
           Realm
           ,
           have
           supplied
           their
           room
           .
        
         
           To
           this
           Our
           Answer
           is
           ,
           That
           it
           stands
           upon
           two
           grounds
           :
           First
           ,
           That
           the
           Commissions
           of
           Lievtenancy
           were
           grievous
           .
           Secondly
           ,
           That
           they
           were
           illegall
           :
           both
           which
           so
           far
           forth
           at
           least
           as
           to
           the
           powers
           wherein
           they
           did
           not
           exceed
           the
           power
           of
           this
           Commission
           (
           for
           the
           other
           powers
           are
           not
           now
           in
           question
           )
           are
           cleerly
           mistaken
           .
        
         
           For
           ,
           as
           for
           the
           grievousnesse
           ,
           we
           say
           these
           Commissions
           were
           such
           as
           had
           been
           long
           used
           in
           the
           happiest
           times
           of
           Our
           Predecessors
           ,
           and
           continued
           to
           Our
           Time
           :
           And
           such
           grievances
           ,
           as
           did
           ,
           or
           might
           arise
           in
           the
           execution
           of
           these
           Commissions
           ,
           not
           warranted
           by
           them
           ,
           are
           no
           
           cause
           to
           quarrell
           at
           the
           Commissions
           themselves
           ,
           more
           then
           at
           the
           Commissions
           of
           Peace
           ,
           because
           some
           Justices
           of
           Peace
           have
           exceeded
           or
           abused
           their
           authority
           .
           And
           howsoever
           ,
           Those
           powers
           wherein
           they
           exceeded
           not
           Our
           Commission
           of
           Array
           could
           not
           be
           grievous
           ,
           as
           we
           have
           already
           shewed
           .
        
         
           And
           as
           for
           the
           illegality
           of
           those
           powers
           ,
           We
           shall
           not
           ,
           nor
           will
           Our
           people
           be
           satisfied
           by
           bare
           Votes
           ,
           that
           they
           are
           illegall
           ,
           The
           same
           being
           done
           without
           hearing
           of
           Our
           Councell
           ,
           and
           without
           advising
           with
           the
           Iudges
           and
           demanding
           their
           opinions
           ,
           (
           a
           course
           which
           was
           formerly
           used
           in
           Parliaments
           ,
           as
           appears
           even
           by
           this
           Record
           of
           5.
           H.
           4.
           amongst
           many
           others
           ,
           but
           in
           matters
           of
           Law
           which
           have
           of
           late
           risen
           in
           Our
           Houses
           of
           Parliament
           ,
           hath
           (
           for
           what
           cause
           We
           know
           not
           )
           been
           laid
           aside
           .
           )
           But
           We
           again
           say
           ,
           these
           powers
           in
           Our
           Commissions
           of
           Lievtenancies
           are
           legall
           ,
           and
           if
           there
           be
           any
           clauses
           in
           such
           Comissiōs
           which
           are
           illegall
           ,
           those
           clauses
           could
           not
           at
           all
           make
           the
           Commissions
           void
           for
           so
           much
           as
           was
           legall
           ,
           much
           lesse
           take
           away
           Our
           power
           of
           granting
           new
           Commissions
           ,
           omitting
           such
           clauses
           .
        
         
           But
           if
           We
           should
           ,
           for
           this
           time
           ,
           admit
           the
           
           grounds
           of
           this
           Objection
           ,
           That
           Our
           Commissions
           of
           Lievtenancy
           had
           been
           such
           as
           this
           Declaration
           would
           have
           them
           ,
           yet
           it
           is
           but
           a
           very
           inconsequent
           Argument
           ,
           That
           those
           Commissions
           would
           not
           have
           issued
           ,
           so
           often
           ,
           and
           been
           so
           much
           pressed
           ,
           if
           the
           Commissions
           of
           Array
           had
           been
           Legall
           .
        
         
           For
           the
           Commissions
           of
           Lievtenancy
           conteyned
           not
           only
           most
           of
           the
           powers
           of
           the
           Commission
           of
           Array
           ,
           but
           in
           many
           things
           exceeded
           them
           ,
           and
           were
           issuable
           in
           times
           of
           Peace
           ,
           whereas
           Commissions
           of
           Array
           commonly
           issued
           in
           times
           of
           Danger
           only
           ;
           and
           so
           there
           was
           occasion
           for
           the
           one
           Commission
           ,
           when
           there
           was
           none
           for
           the
           other
           .
        
         
           But
           on
           the
           contrary
           ,
           (
           that
           we
           may
           retort
           this
           Objection
           also
           ,
           )
           since
           that
           the
           Commissions
           of
           Lievtenancy
           ,
           not
           much
           differing
           from
           the
           Commissions
           of
           Array
           in
           Power
           ,
           (
           as
           the
           Declaration
           saith
           )
           and
           in
           many
           things
           exceeding
           them
           ,
           have
           so
           often
           issued
           in
           the
           reignes
           of
           severall
           of
           Our
           Predecessors
           ,
           &
           were
           allowed
           by
           the
           Judges
           of
           those
           times
           ,
           obeyed
           without
           dispute
           ,
           and
           not
           questioned
           in
           the
           Parliament
           of
           1.
           
             Iac.
          
           or
           21.
           
           
             Iac.
          
           nor
           were
           these
           powers
           wherein
           they
           agreed
           
           with
           the
           Commission
           of
           Array
           complained
           of
           by
           the
           Petition
           of
           Right
           ,
           but
           rather
           admitted
           and
           allowed
           ,
           as
           We
           have
           already
           shewed
           .
           It
           may
           very
           well
           be
           inferred
           that
           both
           the
           Commissions
           of
           Lievtenancy
           and
           of
           Array
           ,
           (
           as
           to
           those
           powers
           at
           least
           wherein
           they
           agreed
           )
           were
           Legall
           and
           far
           from
           being
           any
           grievance
           to
           the
           Subject
           .
        
         
           Thus
           far
           we
           have
           proceeded
           in
           the
           Examination
           ,
           and
           clearing
           of
           the
           Objections
           made
           against
           Our
           Commissions
           of
           Array
           .
           Upon
           all
           which
           Objections
           ,
           we
           shall
           further
           observe
           That
           although
           the
           Declaration
           denies
           Our
           power
           at
           this
           day
           of
           commanding
           
             to
             Train
             or
             Exercise
             ;
          
           yet
           none
           of
           those
           objections
           touch
           any
           thing
           upon
           those
           Powers
           .
           So
           that
           if
           all
           were
           true
           which
           is
           objected
           ,
           yet
           we
           should
           still
           have
           power
           (
           at
           least
           by
           a
           distinct
           Commission
           )
           to
           command
           Our
           Subjects
           to
           be
           Disciplined
           ,
           Mustered
           ,
           Trained
           and
           Exercised
           ,
           with
           such
           Arms
           as
           they
           had
           in
           a
           readinesse
           ;
           for
           that
           (
           as
           we
           have
           shewed
           before
           )
           these
           are
           distinct
           from
           the
           power
           of
           
             Imposing
             of
             Arms
             ,
          
           and
           may
           be
           severally
           granted
           or
           executed
           .
        
         
           And
           now
           upon
           the
           whole
           matter
           ,
           the
           state
           of
           Our
           case
           is
           this
           .
           It
           is
           Voted
           by
           Our
           Houses
           
           of
           Parliament
           ,
           That
           Our
           Kingdom
           is
           in
           imminent
           danger
           of
           destruction
           from
           enemies
           abroad
           ,
           and
           a
           discontented
           Party
           at
           home
           ;
           and
           that
           there
           is
           a
           necessity
           to
           put
           Our
           people
           into
           a
           posture
           of
           Defence
           .
        
         
           In
           this
           case
           ,
           for
           defence
           of
           Our selves
           and
           Our
           Kingdom
           ,
           We
           have
           awarded
           Our
           Commissions
           of
           Array
           ,
           thereby
           giving
           power
           to
           the
           Commissioners
           (
           persons
           ,
           We
           hope
           ,
           beyond
           exception
           )
           to
           cause
           Our
           Subjects
           to
           arm
           themselves
           ,
           or
           ,
           if
           impotent
           in
           body
           ,
           to
           find
           arms
           for
           others
           ,
           according
           to
           their
           abilities
           ,
           in
           a
           reasonable
           and
           moderate
           proportion
           ,
           and
           to
           muster
           and
           train
           them
           at
           convenient
           times
           and
           places
           ,
           and
           afterwards
           ,
           upon
           occasion
           to
           lead
           them
           ,
           where
           there
           is
           a
           necessity
           for
           the
           defence
           of
           the
           Kingdom
           ,
           and
           the
           Expulsion
           ,
           vanquishing
           ,
           and
           Destruction
           of
           Enemies
           .
        
         
           And
           We
           have
           shewed
           ,
           That
           the
           Powers
           of
           these
           Commissions
           ,
           are
           grounded
           upon
           the
           very
           principles
           of
           government
           ,
           and
           that
           without
           them
           ,
           We
           could
           not
           defend
           and
           protect
           Our
           Subjects
           ,
           (
           as
           We
           are
           bound
           by
           Our
           oath
           at
           Our
           Coronation
           )
           That
           they
           are
           warranted
           by
           the
           Antient
           Common
           Law
           ,
           allowed
           by
           the
           constant
           
           practice
           of
           former
           ages
           established
           by
           the
           Parliament
           of
           5.
           
             H.
          
           4.
           (
           which
           caused
           a
           Copy
           of
           these
           Commissions
           to
           be
           entred
           upon
           the
           Roll
           ,
           as
           a
           Rule
           or
           President
           for
           after
           times
           )
           and
           are
           not
           repealed
           ,
           or
           altered
           by
           any
           Statutes
           now
           in
           force
           .
        
         
           And
           yet
           ,
           though
           this
           Danger
           ,
           and
           the
           necessity
           of
           putting
           the
           Kingdome
           into
           a
           Posture
           of
           Defence
           ,
           is
           thus
           agreed
           by
           both
           Houses
           ;
           neverthelesse
           ,
           this
           Commission
           ,
           and
           all
           others
           of
           like
           nature
           ,
           are
           by
           their
           Declaration
           said
           to
           be
           illegall
           ;
           And
           it
           is
           thereby
           denied
           ,
           That
           We
           have
           ,
           at
           any
           time
           ,
           Power
           to
           charge
           Our
           Subjects
           with
           any
           manner
           of
           Arms
           (
           though
           for
           the
           absolute
           necessary
           defence
           of
           the
           Kingdom
           )
           or
           that
           We
           can
           command
           them
           to
           be
           trained
           or
           exercised
           ,
           much
           lesse
           to
           be
           led
           out
           of
           the
           County
           ,
           though
           an
           Enemy
           be
           ready
           to
           enter
           ,
           or
           though
           Rebels
           be
           actually
           up
           in
           Arms
           .
        
         
           How
           farre
           this
           opinion
           is
           consistent
           with
           Law
           ,
           Reason
           ,
           or
           Regall
           Power
           ,
           the
           safety
           of
           Our Selves
           and
           Our
           Subjects
           ,
           (
           upon
           all
           this
           which
           We
           have
           said
           )
           We
           leave
           to
           all
           Our
           good
           people
           to
           consider
           .
        
         
           And
           since
           Our
           two
           Houses
           (
           denying
           Us
           
           this
           Power
           )
           without
           Us
           ,
           and
           against
           Our
           consent
           ,
           have
           made
           Orders
           (
           which
           they
           call
           Ordinances
           )
           for
           compelling
           Our
           Subjects
           to
           be
           Armed
           ,
           Trained
           ,
           Exercised
           ,
           Mustered
           ,
           and
           conducted
           ,
           and
           send
           for
           Our
           Subjects
           as
           Delinquents
           ,
           and
           imprison
           them
           ,
           for
           refusing
           to
           obey
           such
           Orders
           ;
           It
           is
           apparent
           ,
           That
           what
           this
           Declaration
           saith
           against
           Our
           Commission
           ,
           without
           just
           ground
           ,
           is
           true
           indeed
           of
           those
           Orders
           ,
           that
           is
           ,
           That
           they
           are
           contrary
           to
           the
           Law
           and
           Customs
           of
           the
           Realm
           ,
           destructive
           to
           the
           Liberty
           ,
           and
           Property
           of
           the
           Subjects
           ,
           and
           contrary
           to
           the
           Petition
           of
           Right
           (
           as
           it
           is
           expounded
           in
           this
           Declaration
           ,
           )
           as
           also
           against
           other
           Statutes
           .
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A31803e-130
           
             See
             the
             printed
             Arguments
             ,
             fol.
             25.
             64
             ,
             &c.
             
          
           
             
               See
            
             14.
             H.
             3.
             
               in
               the
               printed
               Argument
               of
               Sir
            
             George
             Crook
             :
             
               a
               Commission
               to
               the
               Bishop
               of
            
             Rochester
             
               and
               others
               ,
               and
               to
               the
               Sheriffe
               of
            
             Kent
             ,
             
               to
               cause
               all
               men
               at
               Arms
               in
               that
               County
               to
               be
               sworne
               ,
               and
               to
               assesse
               them
               what
               Arms
               they
               shall
               finde
               .
               And
               divers
               other
               presidents
               there
               of
               Arrays
               in
               the
               times
               of
               severall
               Kings
               .
               And
               see
            
             Cl.
             14.
             H.
             3.
             m.
             15.
             
             Dors.
             
               the
               like
               to
               other
               Counties
               .
               And
            
             36
             H.
             3.
             (
             
               as
               appeares
               in
               the
               History
               of
            
             Matth.
             Paris
             ,
             
               who
               lived
               at
               that
               time
               ,
               Fol.
            
             864.
             )
             Rex
             constituit
             &
             generaliter
             per
             Angliam
             voce
             praeconiâ
             fecit
             acclamari
             missis
             super
             hoc
             brevibus
             ad
             singulos
             Comitatus
             ,
             ut
             
               secundum
               pristinam
               Consuetudinem
               ,
            
             arma
             civibus
             competenter
             assignarentur
             ,
             &
             monstrarentur
             ,
             &
             censerentur
             ,
             ut
             essent
             sufficiontia
             &
             competentia
             secundum
             cujuslibet
             facultates
             .
             
               The
               King
               caused
               Proclamations
               to
               be
               made
               (
               for
               in
               such
               cases
               Proclamations
               declaratory
               were
               not
               conceived
               in
               those
               times
               to
               be
               illegall
               )
               and
               sent
               Writs
               into
               all
               Counties
               of
            
             England
             ,
             
               That
            
             (
             according
             to
             ancient
             custome
             )
             
               Armes
               should
               be
               competently
               assessed
               (
               or
               appointed
               )
               for
               the
               people
               :
               And
               that
               they
               should
               be
               (
               mustred
               )
               or
               shewed
               ,
               and
               inrolled
               ,
               that
               they
               might
               be
               sufficient
               and
               competent
               ,
               according
               to
               every
               mans
               estate
               .
               And
               see
            
             Pat.
             48.
             H.
             3.
             m.
             3.
             
             Dors.
             &
             m.
             7.
             
             Dors.
             Cl.
             23.
             E.
             1.
             m.
             5.
             
             Cl.
             25.
             E.
             1.
             m.
             17.
             
             Dors.
             in
             scedul
             .
             pendent
             .
             Pat.
             31.
             E.
             1.
             m.
             20.
             
             Cl.
             16.
             E.
             2.
             part
             .
             1.
             m.
             13.
             
             Dors.
             Pat.
             18.
             E.
             2.
             m.
             32.
             
               and
            
             Rot.
             Vascon.
             18.
             E.
             2.
             m.
             4.
             10.
             27.
             
             Cl.
             7.
             E.
             3
             .
             part
             .
             1.
             m.
             25.
             
             Rot.
             Scot
             ,
             10.
             E.
             3.
             m.
             8.
             
             Franc.
             26.
             E.
             3.
             m.
             5.
             
             Cl.
             44.
             E.
             3.
             m.
             22.
             
             Scot
             .
             7.
             R.
             2.
             m.
             9.
             
             Franc.
             10.
             R.
             2.
             m.
             24.
             
             Pat.
             4.
             H.
             4.
             part
             .
             2.
             m.
             10.
             
             Dors.
             
               And
               after
               the
               Parl.
               of
            
             5.
             H.
             4.
             
             See
             Pat.
             7.
             H.
             4.
             part
             .
             2.
             m.
             31.
             
             Dors.
             11.
             H.
             4.
             part
             .
             2
             m.
             24.
             
             Dors.
             Pat.
             5.
             H.
             5.
             part
             .
             2.
             m.
             37.
             
             Dors.
             Pat.
             8
             .
             H.
             5.
             m.
             17.
             
             Dors.
             Pat.
             34.
             H.
             6.
             m.
             8.
             
             Dorse
             .
             Pat.
             9.
             E.
             4.
             part
             .
             1.
             m.
             1.
             
             Dors.
             Pat.
             12.
             E.
             4.
             part
             .
             1.
             m.
             13.
             
             Dors.
             
               And
               very
               many
               more
               Commissions
               of
               Array
               in
               the
               severall
               reignes
               of
               these
               Princes
               .
               See
            
             Lamb
             .
             fol.
             135.
             
             
               A
               Law
               of
               King
            
             Edward
             
               the
               Confessor
               .
            
             Debent
             enim
             universi
             liberi
             homines
             ,
             &c.
             secundum
             feodum
             suum
             ,
             &
             secundum
             tenementa
             sua
             arma
             habere
             ,
             &
             illa
             semper
             prompta
             conservare
             ad
             tuitionem
             Regni
             ,
             &
             servitium
             Dominorum
             suorum
             juxta
             praeceptum
             Domini
             Regis
             explendum
             &
             per
             agendum
             .
             
               And
            
             Libr.
             Rubr.
             Scaccarii
             ,
             fol
             162.
             
               the
               Conquerous
               Law
               in
               these
               words
               ,
            
             Statuimus
             &
             firmiter
             praecipimus
             ,
             quòd
             omnes
             Comites
             ,
             &
             Barones
             ,
             &
             Milites
             ,
             &
             Servientes
             ,
             &
             universi
             liberi
             homines
             totius
             Regni
             nostri
             pred.
             habeant
             ,
             &
             teneant
             se
             semper
             in
             armis
             &
             equis
             ,
             ut
             decet
             &
             oportet
             ,
             &c.
             
             
               Upon
               both
               which
               it
               appeares
               ,
               that
               every
               man
               ,
               as
               well
               as
               the
               Kings
               Tenants
               ,
               ought
               to
               have
               Armes
               according
               to
               his
               Lands
               ,
               for
               defence
               of
               the
               Kingdome
               ,
               at
               the
               Kings
               command
               .
               And
            
             Hoveden
             ,
             Pag.
             614.
             in
             Anno
             27.
             H.
             2.
             
             Deinde
             Henricus
             Rex
             Angliae
             focit
             hanc
             assisam
             de
             habendis
             armis
             in
             Angl.
             &c.
             
             
               King
            
             Henry
             
               the
               second
               made
               an
               assise
               of
               Armes
               for
               defence
               of
               the
               Kingdome
               ,
               according
               to
               the
               difference
               of
               mens
               abilities
               ,
               farre
               differing
               from
               that
               in
            
             13.
             E.
             1.
             
             
               And
               see
            
             Matth.
             Paris
             ,
             fol.
             224.
             
             
               A
               Writ
               of
               King
            
             John
             
               to
               summon
            
             Omnes
             liberos
             homines
             &
             servientes
             ,
             vel
             quicunque
             sint
             ,
             &
             de
             quocunque
             teneant
             ,
             qui
             arma
             habere
             debeant
             ,
             vel
             arma
             habere
             possint
             ;
             quod
             sicut
             ,
             &c.
             sint
             apud
             Doveram
             ,
             ad
             defendendum
             caput
             nostrum
             ,
             &c.
             sub
             poena
             Culvertagii
             .
          
           
             Rot.
             Par.
             13.
             E.
             3.
             P.
             2.
             N.
             39.
             
             Rot.
             Parl.
             14.
             E.
             3.
             P.
             1.
             N.
             53.
             
          
           
             See
             Pat.
             7.
             
               H.
            
             4.
             part
             .
             2.
             m.
             31.
             
             Dors.
             Pat.
             11.
             
               H.
            
             4.
             part
             .
             2.
             m.
             24.
             
             Dors.
          
           
             Cl.
             19.
             E.
             2.
             n.
             17.
             
             Dors.
          
           
             V.
             18.
             E.
             3.
             Rot.
             Parl.
             n.
             11.
             20.
             E.
             3.
             Rot.
             Parl.
             n.
             12.
             and
             others
             of
             that
             time
             .
          
           
             9.
             H.
             4.
             R.
             Parl.
             n.
             17.
             6.
             H.
             4.
             R.
             Parl.
             n.
             9.
             1.
             H.
             5.
             R.
             Parl.
             n.
             17.
             2.
             H.
             4.
             C.
             10.
             
             Stat.
             2.
             H.
             4.
             cap.
             20.
             
          
           
             4.
             H.
             4.
             rot
             .
             Parl.
             part
             .
             2.
             m.
             10.
             
          
           
             See
             11.
             
               H.
            
             7
             in
             the
             Preamble
             ,
             That
             the
             Subjects
             ,
             by
             the
             duty
             of
             their
             Allegiance
             ,
             are
             bound
             to
             serve
             their
             Prince
             in
             his
             Wars
             ,
             for
             the
             defence
             of
             Him
             and
             the
             Land
             ,
             against
             every
             Rebellion
             ,
             Power
             ,
             and
             Might
             ,
             reared
             against
             Him
             .
             And
             11.
             
               H.
            
             7.
             c.
             18.
             
             Whereas
             every
             Subject
             ,
             by
             the
             duty
             of
             his
             Allegiance
             ,
             is
             bound
             to
             assist
             the
             King
             at
             all
             seasons
             when
             need
             shall
             require
             ;
             and
             most
             especially
             such
             as
             have
             by
             him
             promotion
             or
             advancement
             ,
             as
             Grants
             ,
             and
             Gifts
             of
             Offices
             ,
             Fees
             ,
             and
             Annuities
             ,
             which
             are
             ,
             and
             verily
             be
             bound
             by
             reason
             to
             give
             their
             attendance
             upon
             his
             Royall
             Person
             ,
             to
             defend
             the
             same
             ,
             when
             He
             shall
             fortune
             to
             goe
             in
             his
             Person
             in
             wars
             for
             defence
             of
             the
             Realm
             ,
             or
             against
             his
             Rebels
             and
             enemies
             .
             And
             5.
             
               El.
            
             cap.
             5.
             
             Be
             it
             enacted
             infavour
             of
             Fishermen
             ,
             and
             Mariners
             ,
             That
             none
             of
             them
             shall
             hereafter
             at
             any
             time
             be
             compelled
             against
             his
             or
             their
             will
             ,
             to
             serve
             as
             a
             Souldier
             upon
             the
             Land
             or
             Sea
             ,
             otherwise
             then
             as
             a
             Mariner
             ,
             except
             it
             shall
             be
             to
             serve
             under
             any
             Captain
             of
             some
             Ship
             or
             Vessell
             for
             landing
             ,
             to
             doe
             some
             especiall
             exploit
             ,
             which
             Mariners
             have
             used
             to
             do
             ,
             or
             under
             any
             other
             person
             ,
             having
             authority
             to
             withstand
             any
             Invasion
             of
             Enemies
             ,
             or
             to
             subdue
             any
             Rebellion
             within
             the
             Realm
             .
             And
             see
             19.
             
               H.
            
             7.
             cap.
             1
             ,
             2
             ,
             &
             3.
             
               E.
            
             6.
             c.
             2.
             
             And
             4
             &
             5
             
               Ph.
               &
               Mar.
            
             c.
             3.