A declaration of the Lords and Commons in Parliament, concerning His Majesties proclamation, given at his court at York, the 27. of May, 1642. With the statute of the 7. Edw. 1. / Die Lunæ, Iunii 6. 1642. Ordered by the Lords and Commons in Parliament, that this declaration be forthwith printed and published. ; Ioh. Brown, cleric. Parliament.
         England and Wales. Parliament.
      
       
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             A declaration of the Lords and Commons in Parliament, concerning His Majesties proclamation, given at his court at York, the 27. of May, 1642. With the statute of the 7. Edw. 1. / Die Lunæ, Iunii 6. 1642. Ordered by the Lords and Commons in Parliament, that this declaration be forthwith printed and published. ; Ioh. Brown, cleric. Parliament.
             England and Wales. Parliament.
             Browne, John, ca. 1608-1691.
          
           [2], 6 p.
           
             Printed for William Gaye,
             London, :
             Iune 8. 1642.
          
           
             Reproduction of original in the Sutro Library.
          
        
      
    
     
       
         eng
      
       
         
           Great Britain -- History -- Civil War, 1642-1649.
        
      
    
       A82644  R175086  (Wing E1371B).  civilwar no A declaration of the Lords and Commons in Parliament, concerning His Majesties proclamation, given at his court at York, the 27. of May, 164 England and Wales. Parliament 1642    1718 0 0 0 0 0 0 0 A This text  has no known defects that were recorded as gap elements at the time of transcription.  
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           A
           DECLARATION
           OF
           THE
           Lords
           and
           Commons
           IN
           PARLIAMENT
           ,
           
             CONCERNING
          
           His
           Majesties
           Proclamation
           ,
           given
           at
           His
           Court
           at
           
             York
             ,
          
           the
           27.
           of
           
             May
             ,
          
           1642.
           
           With
           the
           Statute
           of
           the
           7.
           
             Edw.
          
           1.
           
        
         
           Die
           Lunae
           ,
           Iunii
           6.
           1642.
           
        
         
           Ordered
           by
           the
           Lords
           and
           Commons
           in
           Parliament
           ,
           That
           this
           Declaration
           be
           forthwith
           Printed
           and
           Published
           .
        
         
           
             Ioh.
             Brown
             ,
             Cleric
             .
             Parliament
             .
          
        
         
           LONDON
           ,
           
             Printed
             for
          
           William
           Gaye
           ,
           Iune
           8.
           1642.
           
        
      
    
     
       
       
         
           A
           Declaration
           of
           the
           Lords
           and
           Commons
           in
           
             Parliament
             ,
          
           conccerning
           his
           Maiesties
           Proclamation
           the
           27.
           of
           May
           1642.
           
        
         
           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
           ,
           nor
           any
           other
           Law
           of
           this
           Kingdome
           doth
           restraine
           ,
           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
                   ,
                   runneth
                   thus
                   .
                
                 
                   THe
                   King
                   to
                   the
                   Iustices
                   of
                   His
                   Bench
                   sendeth
                   greeting
                   :
                   Whereas
                   of
                   late
                   before
                   certaine
                   Persons
                   deputed
                   to
                   treat
                   upon
                   sundry
                   debates
                   ,
                   had
                   between
                   Vs
                   ,
                   and
                   certain
                   great
                   men
                   of
                   Our
                   Realme
                   ,
                   Amongst
                   other
                   things
                   it
                   was
                   accorded
                   ,
                   That
                   in
                   Our
                   next
                   Parliament
                   ,
                   after
                   provision
                   shall
                   be
                   made
                   by
                   Vs
                   ,
                   and
                   the
                   common
                   Assent
                   of
                   the
                   Prelates
                   ,
                   Earles
                   ,
                   and
                   Barons
                   ,
                   That
                   in
                   all
                   Parliaments
                   ,
                   Treaties
                   ,
                   and
                   other
                   Assemblies
                   which
                   should
                   be
                   made
                   in
                   the
                   Realme
                   of
                   England
                   for
                   ever
                   ,
                   That
                   every
                   man
                   shall
                   come
                   without
                   all
                   force
                   and
                   Armour
                   ,
                   well
                   and
                   peaceably
                   to
                   the
                   Honour
                   of
                   Vs
                   ,
                   and
                   the
                   peace
                   of
                   Vs
                   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
                   businesse
                   have
                   said
                   ,
                   That
                   to
                   Vs
                   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
                   shall
                   please
                   Vs
                   ,
                   and
                   to
                   punish
                   them
                   which
                   shall
                   do
                   contrary
                   according
                   to
                   Our
                   Lawes
                   and
                   Vsages
                   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
                   .
                
                 
                   
                     Given
                     at
                     Westminster
                     
                       the
                       thirtieth
                       day
                       of
                       October
                       .
                    
                  
                
              
            
          
        
         
         
           THe
           occasion
           of
           this
           Declaration
           was
           for
           the
           restraint
           of
           Armed
           men
           from
           comming
           to
           the
           Parliament
           ,
           to
           disturb
           the
           Peace
           of
           it
           ,
           and
           is
           very
           improperly
           alledged
           for
           the
           maintenance
           of
           such
           Leavies
           ,
           as
           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
           bee
           adjudged
           to
           bee
           contrary
           to
           it
           ;
           For
           although
           the
           Law
           doe
           affirme
           it
           to
           bee
           in
           the
           King
           ,
           yet
           it
           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
           Seale
           ,
           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
           owne
           Person
           ,
           nor
           depend
           upon
           His
           pleasure
           ,
           but
           by
           His
           Courts
           ,
           and
           by
           His
           Ministers
           ,
           who
           must
           doe
           their
           Duty
           therein
           ,
           though
           
           the
           King
           in
           his
           owne
           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
           Lawes
           ,
           to
           adjudge
           ,
           and
           determine
           the
           Rights
           ,
           and
           Liberties
           of
           the
           Kingdome
           ,
           against
           such
           Patents
           ,
           and
           Grants
           of
           His
           Majesty
           ,
           as
           are
           preiudiciall
           thereunto
           ;
           although
           strengthened
           both
           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
           doe
           herein
           ,
           hath
           the
           Stamp
           of
           Royall
           Authority
           ,
           although
           His
           Maiesty
           seduced
           by
           evill
           Counsell
           ,
           doe
           in
           His
           owne
           Person
           ,
           oppose
           ,
           or
           interrupt
           the
           same
           .
           For
           the
           Kings
           Supreame
           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
           Maiesties
           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
           bee
           ordered
           according
           to
           that
           Ordinance
           ,
           And
           that
           the
           Towne
           of
           
             Hull
          
           should
           bee
           committed
           to
           the
           Custody
           of
           Sir
           
             Iohn
             Hotham
             ,
          
           to
           be
           preserved
           from
           the
           attempts
           of
           Papists
           and
           other
           malignant
           persons
           ,
           who
           thereby
           might
           put
           the
           Kingdome
           into
           a
           combustion
           ,
           which
           is
           so
           farre
           from
           being
           a
           Force
           against
           the
           Kings
           
           peace
           ,
           that
           it
           is
           necessary
           for
           the
           keeping
           and
           securing
           thereof
           ,
           and
           for
           that
           end
           alone
           is
           in
           ended
           :
           and
           all
           his
           Majesties
           loving
           Subjects
           ,
           as
           well
           by
           that
           Law
           as
           by
           other
           Lawes
           ,
           are
           bound
           to
           bee
           obedient
           thereunto
           ,
           and
           what
           they
           doe
           therein
           is
           according
           to
           that
           Law
           to
           bee
           interpreted
           to
           bee
           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
           Realm
           :
           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
           bee
           subservient
           to
           that
           Power
           and
           Authority
           ,
           which
           the
           Law
           hath
           placed
           in
           his
           Majesty
           to
           that
           purpose
           ,
           though
           he
           himselfe
           in
           his
           owne
           person
           should
           neglect
           the
           same
           .
        
         
           Wherefore
           the
           Lords
           and
           Commons
           doe
           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
           Judgement
           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
           turne
           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
           ,
           Captaines
           ,
           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
           bee
           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
           bee
           proceeded
           against
           as
           violaters
           of
           the
           Laws
           ,
           and
           disturbers
           of
           the
           peace
           of
           the
           Kingdom
           .
        
         
           FINIS
           .