A
Declaration
of
the
Lords
and
Commons
in
Parliament
,
conccerning
his
Majesties
Proclamation
THe
Lords
and
Commons
having
perused
His
Majesties
Proclamation
forbidding
all
His
Majesties
Subjects
,
belonging
to
the
Trained-Bands
,
or
Militia
of
this
Kingdome
,
to
rise
,
march
,
muster
,
or
exercise
,
by
virtue
of
any
Order
or
Ordinance
of
any
one
or
both
Houses
of
Parliament
,
without
consent
or
Warrant
from
His
Majesty
,
upon
paine
of
punishment
according
to
the
Lawes
,
Doe
thereupon
declare
,
That
neither
the
Statute
of
the
seventh
of
Edward
the
first
therein
vouched
,
or
any
other
Law
of
this
Kingdome
doth
restrain
,
or
make
void
the
Ordinance
agreed
upon
by
both
Houses
of
Parliament
,
for
the
ordering
and
disposing
the
Militia
of
the
Kingdome
,
in
this
time
of
extreme
and
imminent
danger
,
nor
expose
His
Majesties
Subjects
to
any
punishment
for
obeying
the
same
,
Notwithstanding
that
His
Majesty
hath
refused
to
give
his
Consent
to
that
Ordinance
?
But
ought
to
be
obeyed
by
the
fundamentall
Lawes
of
this
Kingdome
.
The
Declaration
of
7.
Ed.
1.
Quoted
in
His
Majesties
Proclamation
,
runeth
thus
.
The
King
to
the
Justices
of
His
Bench
sendeth
greeting
:
Whereas
of
late
before
certaine
Persons
deputed
to
treat
upon
sundry
debates
,
had
betweene
Us
,
and
certain
great
men
of
Our
Realm
,
Amongst
other
things
it
was
accorded
,
That
in
Our
next
Parliament
,
after
provision
shall
he
made
by
Us
,
and
the
common
Assent
of
the
Prelates
,
Earles
,
and
Barons
,
that
in
all
Parliaments
,
Treaties
,
and
other
Assemblies
which
should
be
made
in
the
Realm
of
England
for
ever
,
That
every
man
shall
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
Westminster
,
after
the
said
Treaties
,
the
Prelates
,
Earles
,
Barons
,
and
the
Commonalty
of
our
Realm
there
assembled
,
to
take
advice
of
this
busines
,
have
said
,
That
to
Us
it
belongeth
,
and
Our
part
is
through
Our
Royall
Seigniory
straightly
to
defend
force
of
Armour
,
and
all
other
force
against
Our
Peace
at
all
times
when
it
shal
please
Us
,
and
to
punish
them
which
shall
do
contrary
according
to
Our
Lawes
and
Usages
of
Our
Realme
.
And
hereunto
they
are
bound
to
aide
us
,
as
their
Soveraigne
Lord
at
all
seasons
,
when
need
shall
be
.
We
command
you
,
that
you
cause
these
things
to
be
read
afore
you
in
the
said
Bench
,
and
there
to
be
Inrolled
.
THe
occasion
of
this
Declaration
was
for
the
restraint
of
Armed
men
from
coming
to
the
Parliament
,
to
distrub
the
Peace
of
it
,
and
is
very
improperly
alledged
for
the
maintenance
of
such
Leavies
,
as
we
are
now
raised
against
the
Parliament
.
The
title
of
the
Statute
being
thus
,
To
all
Parliaments
,
and
Treaties
,
every
man
shall
come
without
Force
and
Armes
.
So
that
the
Question
is
not
,
whether
it
belong
to
the
King
or
no
to
restrain
such
force
;
But
if
the
King
shall
refuse
to
discharge
that
Duty
and
Trust
,
Whether
there
is
not
a
power
in
the
two
Houses
,
to
provide
for
the
safety
of
the
Parliament
,
and
Peace
of
the
kingdome
,
which
is
the
end
,
for
which
the
Ordinance
concerning
the
Militia
was
made
and
being
agreeable
to
the
scope
and
purpose
of
the
Law
,
cannot
in
Reason
be
adjudged
to
be
contrary
to
it
;
For
although
the
Law
do
affime
it
to
be
in
the
King
,
yet
doth
not
exclude
those
,
in
whom
the
Law
hath
placed
a
power
for
that
purpose
;
As
in
the
Courts
of
Justice
,
the
Sheriffs
,
and
other
Officers
and
Ministers
of
those
Courts
.
And
as
their
power
is
derived
from
the
King
by
His
Patents
,
yet
cannot
it
be
restrained
by
His
Majesties
command
,
by
His
great
Seal
,
or
otherwise
,
much
lesse
can
the
power
of
Parliament
be
concluded
by
His
Majesties
command
,
because
the
Authority
thereof
is
of
a
higher
,
and
more
eminent
nature
,
than
any
of
those
Courts
.
It
is
acknowledged
,
That
the
King
is
the
Fountaine
of
Justice
,
and
Protection
;
But
the
Acts
of
Justice
,
and
Protection
,
are
not
exercised
in
His
own
Person
,
nor
depend
upon
His
pleasure
,
but
by
His
Courts
,
and
by
His
Ministers
,
who
must
do
their
Duty
therein
,
though
the
King
in
his
own
Person
should
forbid
them
;
And
therefore
,
If
Judgements
should
be
given
by
them
against
the
Kings
Will
and
Personall
command
,
yet
are
they
the
Kings
Judgements
.
The
High
Court
of
Parliament
,
is
not
onely
a
Court
of
Judicature
,
enabled
by
the
Laws
,
to
adjudge
,
and
determine
the
Rights
,
and
Liberties
of
the
Kingdom
,
against
such
Patents
,
and
Grants
of
His
Majesty
,
as
are
prejudiciall
thereunto
;
although
strengthened
by
His
Personall
Command
,
and
by
His
Proclamation
,
under
the
great
Seale
:
But
it
is
likewise
a
Councell
to
provide
for
the
necessities
,
prevent
the
imminent
dangers
;
and
preserve
the
publike
Peace
and
safety
of
the
Kingdome
,
and
to
declare
the
Kings
pleasure
in
those
things
as
are
requisite
thereunto
;
and
what
they
do
herein
,
hath
the
Stamp
of
Royall
Authority
,
although
His
Majesty
seduced
by
evill
Counsell
,
doe
in
His
own
Person
,
oppose
,
or
interrupt
the
same
.
For
the
Kings
Supream
Power
,
and
Royall
Pleasure
,
is
exercised
and
declared
in
this
High
Court
of
Law
,
and
Councell
,
after
a
more
eminent
and
obligatory
manner
,
then
it
can
be
by
any
personall
Act
or
Resolution
of
His
Own
.
Seeing
therefore
the
Lords
and
Commons
,
which
are
His
Majesties
great
and
Highest
Councell
,
have
ordained
,
That
for
the
present
and
necessary
Defence
of
the
Realme
,
the
Trained
Bands
,
and
Militia
of
this
Kingdome
should
be
ordered
according
to
that
Ordinance
:
and
all
his
Majesties
loving
Subjects
,
as
well
by
that
Law
as
by
other
Lawes
,
are
bound
to
be
obedient
thereunto
,
and
what
they
do
therein
is
according
to
that
Law
to
be
interpreted
to
be
done
in
ayd
of
the
King
,
in
discharge
of
that
Trust
which
he
is
tied
to
performe
:
and
it
is
so
farre
from
being
liable
to
punishment
,
that
if
they
should
refuse
to
do
it
,
or
be
perswaded
by
any
Commission
or
Command
of
his
Majesty
to
do
the
contrary
,
they
might
justly
be
punished
for
the
same
,
according
to
the
Lawes
and
Usages
of
the
Realme
:
for
the
King
,
by
his
Soveraignty
,
is
not
enabled
to
destroy
his
people
,
but
to
protect
and
defend
them
;
and
the
high
Court
of
Parliament
,
and
all
other
his
Majesties
Officers
,
and
Ministers
,
ought
to
be
subservient
to
that
Power
and
Authority
,
which
the
Law
hath
placed
in
his
Majesty
to
that
purpose
,
though
he
himself
in
his
own
person
should
neglect
the
same
.
Wherfore
the
Lords
and
Commons
do
declare
the
said
Proclamation
to
be
voyd
in
Law
,
and
of
none
effect
,
For
that
by
the
Constitution
and
Policy
of
this
Kingdom
,
the
King
by
his
Proclamation
cannot
declare
the
Law
contrary
to
the
Judgment
and
Resolution
of
any
of
the
inferiour
Courts
of
Justice
,
much
lesse
against
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
subverting
of
the
Law
of
the
Land
,
and
the
Rights
,
and
Liberties
of
the
Subjects
.
And
the
Lords
and
Commons
do
require
and
command
,
all
Constables
,
Petty-Constables
,
and
all
other
his
Majesties
Officers
,
and
Subjects
whatsoever
,
to
Muster
,
Levie
,
raise
,
March
and
Exercise
,
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
said
Ordinance
of
both
Houses
;
and
shall
not
presume
to
Muster
,
Levie
,
Raise
,
March
,
or
Exercise
,
by
vertue
of
any
Commission
,
or
other
Authority
whatsoever
,
as
they
will
answer
the
contrary
at
their
perils
;
and
in
their
so
doing
,
they
do
further
declare
,
That
they
shall
be
protected
by
the
Power
and
Authority
of
both
Houses
of
Parliament
;
And
that
whosoever
shall
oppose
,
question
,
or
hinder
them
in
the
execution
of
the
said
Ordinance
,
shall
be
proceeded
against
as
violaters
of
the
Laws
,
and
distubers
of
the
peace
of
Kingdom
.
FINIS
.