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<DATE>2014-04-16</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140218.apex.</ITEM>
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<IDG S="marc" R="UM" ID="B21931">
<STC T="W">E1375</STC>
<BIBNO T="oclc">[ocm]12180353</BIBNO>
<VID>197097</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1" MS="y">
<P> A DECLARATION OF THE Lords and Commons IN PARLIAMENT: CONCERNING His MAIESTIES Proclamation.</P>
<LICENSE LANG="eng">
<P>Ordered by the Lords and Commons in Parliament, That this Declaration be printed and publi&s;hed.</P>
<CLOSER><SIGNED>Joh. Brown, Cleric. Parliament.</SIGNED></CLOSER>
</LICENSE>
<P><HI>LONDON,</HI> Printed for <HI>T. Wright,</HI> and are to be &s;old in the Old-Baily. 1643.</P>
<PB REF="2">
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="declaration">
<PB N="1" REF="2">
<HEAD>A Declaration of the Lords and Com|mons in <HI>Parliament,</HI> conccerning his Maje&s;ties Proclamation</HEAD>
<P>_THe Lords and Commons having peru&s;ed His Maje&s;ties Proclamation forbidding all His Maje&s;ties Sub|jects, belonging to the Trained-Bands, or <HI>Militia</HI> of this King|dome, to ri&s;e, march, mu&s;ter, or exerci&s;e, by virtue of any Order or Ordinance of any one or both Hou&s;es of Par|liament, without con&s;ent or Warrant from His Maje&s;ty, upon paine of puni&s;hment according to the Lawes,</P>
<P>Doe thereupon declare, That neither the Statute of the &s;eventh of <HI>Edward</HI> the fir&s;t therein vouched, or any other Law of this Kingdome doth re&s;train, or make void the Ordinance agreed upon by both Hou&s;es of Parliament, for the ordering and di&s;po&s;ing the <HI>Militia</HI> of the Kingdome, in this time of extreme and im|minent danger, nor expo&s;e His Maje&s;ties Subjects to any puni&s;hment for obeying the &s;ame, Notwith&s;tand|ing that His Maje&s;ty hath refu&s;ed to give his Con&s;ent to that Ordinance? But ought to be obeyed by the fundamentall Lawes of this Kingdome.</P>
<FLOATEXT LANG="eng" TYPE="excerpt">
<PB N="2" REF="3">
<HEAD><HI>The Declaration of</HI> 7. <HI>Ed.</HI> 1. <HI>Quoted in His Maje&s;ties Proclamation, runeth thus.</HI></HEAD>
<P>The King to the Ju&s;tices of His Bench &s;endeth greeting: Whereas of late before certaine Per&s;ons deputed to treat upon &s;undry debates, had betweene Us, and certain great men of Our Realm, Among&s;t other things it was accorded, That in Our next Parlia|ment, after provi&s;ion &s;hall he made by Us, and the common A&s;&s;ent of the Prelates, Earles, and Barons, that in all Parliaments, Treaties, and other A&s;&s;emblies which &s;hould be made in the Realm of England for ever, That every man &s;hall come without all force and Armour, well and peaceably to the Honour of Us, and the peace of Us and Our Realm. And now in our next Parliament at We&s;tmin&s;ter, after the &s;aid Treaties, the Prelates, Earles, Barons, and the Commonalty of our Realm there a&s;&s;embled, to take advice of this bu&s;ines, have &s;aid, That to Us it belongeth, and Our part is through Our Royall Seigniory &s;traightly to defend force of Armour, and all other force again&s;t Our Peace at all times when it &s;hal plea&s;e Us, and to puni&s;h them which &s;hall do contrary according to Our Lawes and U&s;ages of Our Realme.</P>
<P>And hereunto they are bound to aide us, as their Soveraigne Lord at all &s;ea&s;ons, when need &s;hall be. We command you, that you cau&s;e the&s;e things to be read afore you in the &s;aid Bench, and there to be In|rolled.</P>
</FLOATEXT>
<PB N="3" REF="3">
<P> THe occa&s;ion of this Declaration was for the re|&s;traint of Armed men from coming to the Par|liament, to di&s;trub the Peace of it, and is very im|properly alledged for the maintenance of &s;uch Lea|vies, as we are now rai&s;ed again&s;t the Parliament. The title of the Statute being thus, To all Parlia|ments, and Treaties, every man &s;hall come without Force and Armes. So that the Que&s;tion is not, whe|ther it belong to the King or no to re&s;train &s;uch force; But if the King &s;hall refu&s;e to di&s;charge that Duty and Tru&s;t, Whether there is not a power in the two Hou&s;es, to provide for the &s;afety of the Parliament, and Peace of the kingdome, which is the end, for which the Ordinance concerning the <HI>Militia</HI> was made and being agreeable to the &s;cope and purpo&s;e of the Law, cannot in Rea&s;on be adjudged to be contrary to it; For although the Law do affime it to be in the King, yet doth not exclude tho&s;e, in whom the Law hath placed a power for that purpo&s;e; As in the Courts of Ju&s;tice, the Sheriffs, and other Officers and Mini&s;ters of tho&s;e Courts. And as their power is derived from the King by His Patents, yet cannot it be re&s;trained by His Maje&s;ties command, by His great Seal, or otherwi&s;e, much le&s;&s;e can the power of Parliament be concluded by His Maje&s;ties command, becau&s;e the Authority thereof is of a higher, and more eminent nature, than any of tho&s;e Courts.</P>
<P>It is acknowledged, That the King is the Foun|taine of Ju&s;tice, and Protection; But the Acts of Ju&s;tice, and Protection, are not exerci&s;ed in His own
<PB N="4" REF="4"> Per&s;on, nor depend upon His plea&s;ure, but by His Courts, and by His Mini&s;ters, who mu&s;t do their Duty therein, though the King in his own Per&s;on &s;hould forbid them; And therefore, If Judgements &s;hould be given by them again&s;t the Kings Will and Per&s;onall command, yet are they the Kings Judge|ments.</P>
<P>The High Court of Parliament, is not onely a Court of Judicature, enabled by the Laws, to ad|judge, and determine the Rights, and Liberties of the Kingdom, again&s;t &s;uch Patents, and Grants of His Maje&s;ty, as are prejudiciall thereunto; although &s;trengthened by His Per&s;onall Command, and by His Proclamation, under the great Seale: But it is likewi&s;e a Councell to provide for the nece&s;&s;ities, pre|vent the imminent dangers; and pre&s;erve the publike Peace and &s;afety of the Kingdome, and to declare the Kings plea&s;ure in tho&s;e things as are requi&s;ite thereunto; and what they do herein, hath the Stamp of Royall Authority, although His Maje&s;ty &s;educed by evill Coun&s;ell, doe in His own Per&s;on, oppo&s;e, or interrupt the &s;ame. For the Kings Supream Power, and Royall Plea&s;ure, is exerci&s;ed and declared in this High Court of Law, and Councell, after a more eminent and obligatory manner, then it can be by any per&s;onall Act or Re&s;olution of His Own.</P>
<P>Seeing therefore the Lords and Commons, which are His Maje&s;ties great and Highe&s;t Councell, have ordained, That for the pre&s;ent and nece&s;&s;ary Defence of the Realme, the Trained Bands, and <HI>Militia</HI> of this Kingdome &s;hould be ordered according to that Ordi|nance:
<PB N="5" REF="4"> and all his Maje&s;ties loving Subjects, as well by that Law as by other Lawes, are bound to be obe|dient thereunto, and what they do therein is accord|ing to that Law to be interpreted to be done in ayd of the King, in di&s;charge of that Tru&s;t which he is tied to performe: and it is &s;o farre from being liable to puni&s;hment, that if they &s;hould refu&s;e to do it, or be per&s;waded by any Commi&s;&s;ion or Command of his Maje&s;ty to do the contrary, they might ju&s;tly be pu|ni&s;hed for the &s;ame, according to the Lawes and U&s;ages of the Realme: for the King, by his Sove|raignty, is not enabled to de&s;troy his people, but to protect and defend them; and the high Court of Par|liament, and all other his Maje&s;ties Officers, and Mini&s;ters, ought to be &s;ub&s;ervient to that Power and Authority, which the Law hath placed in his Maje&s;ty to that purpo&s;e, though he him&s;elf in his own per&s;on &s;hould neglect the &s;ame.</P>
<P>Wherfore the Lords and Commons do declare the &s;aid Proclamation to be voyd in Law, and of none effect, For that by the Con&s;titution and Policy of this Kingdom, the King by his Proclamation cannot de|clare the Law contrary to the Judgment and Re&s;o|lution of any of the inferiour Courts of Ju&s;tice, much le&s;&s;e again&s;t the High Court of Parliament; for if it were admitted, that the King by his Proclamation may declare a Law, thereby his Proclamations will in effect become Lawes, which would turn to the &s;ubverting of the Law of the Land, and the Rights, and Liberties of the Subjects.</P>
<P>And the Lords and Commons do require and com|mand,
<PB N="6" REF="5"> all Con&s;tables, Petty-Con&s;tables, and all other his Maje&s;ties Officers, and Subjects what&s;oever, to Mu&s;ter, Levie, rai&s;e, March and Exerci&s;e, or to Summon or Warne any upon Warrant from the Lievtenants, Deputy-Lievtenants, or other Officers of the Trained Bands, and all others according to the &s;aid Ordinance of both Hou&s;es; and &s;hall not pre&s;ume to Mu&s;ter, Levie, Rai&s;e, March, or Exerci&s;e, by vertue of any Commi&s;&s;ion, or other Authority what|&s;oever, as they will an&s;wer the contrary at their perils; and in their &s;o doing, they do further declare, That they &s;hall be protected by the Power and Authority of both Hou&s;es of Parliament; And that who&s;oever &s;hall oppo&s;e, que&s;tion, or hinder them in the execution of the &s;aid Ordinance, &s;hall be proceeded again&s;t as violaters of the Laws, and di&s;tubers of the peace of Kingdom.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
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