THE DECLARATION OF THE LORDS AND COMMONS in PARLIAMENT assembled. Concerning his majesty's several Messages about the MILITIA.  
Iovis, 5. Maij, 1642.  
Ordered by the LORDS and COMMONS assembled in PARLIAMENT, that this Declaration shall be forthwith printed and published.  
JOHN BROWNE, Cleric. Parliament.  
LONDON, Imprinted for Math. Rhodes, in the year. 1642.   

Die Iovis 5. Maii 1641.  
THE Lords and Commons holding it necessary for the peace and safety of this kingdom▪ to settle the Militia thereof, did for that purpose prepare an Ordinance of Parliament, and with all humility did present the same to His majesty for His royal assent, Who notwithstanding the faithful advice of His Parliament, and the several reasons offered by them of the necessity thereof, for the securing of His majesty's Person, and the peace and safety of his people, did refuse to give his consent, and thereupon they were necessitated, in discharge of the trust reposed in them as the representative body of the kingdom, to make an Ordinance by Authority of both Houses, to settle the Militia, warranted thereunto by the fundamental laws of the Land: his Majesty taking notice thereof, did by several Messages invite them to settle the same by Act of Parliament, affirming in His majesty's Message sent in Answer to the Petition of both Houses presented to His Majesty at York, March 26. That he always thought it necessary the same should be settled, and that he never denied the thing, only denied the way; and for the matter of it, took exceptions only to the Preface, as a thing not standing with His honour to consent to, and that himself was excluded in the execution, and for a time unlimited: Whereupon the Lords and Commons being desirous to give His majesty all satisfaction that might be, even to the least tittle of form, and circumstance; and when His Majesty was pleased to offer them a Bill ready drawn, did for no other cause then to manifest their hearty affection to comply with His majesty's desires and obtain his consent, entertain the same; and in the mean time no way declining their Ordinance, and to express their earnest zeal to correspond with His majesty's desire (in all things that might consist with the peace and safety of the kingdom, and the trust reposed in them) did pass that Bill, and therein omitted the preamble inserted before the Ordinance, limited the time to less than two years, and confined the authority of the lieutenants to these three particulars, namely Rebellion, Insurrection, and foreign Invasion, and returned the same to his Majesty for His royal assent. But all these expressions of affection and loyalty, all those desires and earnest endeavours to comply with His Majesty, hath (to their great grief and sorrow) produced no better effect than an absolute denial, even of that which His Majesty by His former Messages, as we conceive, had Promised; the advice of evil and wicked Counsels, receiving still more credit with Him, then that of His great counsel of Parliament, in a matter of so high importance, that the safety of His kingdom, and the peace of his people depends upon it. But now what must be the exceptions to this Bill? not any sure, that was to the Ordinance; for a care was taken to give satisfaction in all these particulars. Then the exception was because that the disposing and execution thereof was referred to both Houses of Parliament, and His Majesty excluded: and now that by the Bill, the Power and execution is ascertained, and reduced to particulars, and the Law of the realm made the Rule thereof, His majesty will not trust the Persons. The power is too great, too unlimited to trust them with. But what is that power? Is it any other, but in express terms to suppress Rebellion, Insurrection, and foreign invasion? And who are those Persons? are they not such as were nominated by the great Counsel of the kingdom, and assented to by his Majesty. And is it too great a power to trust those persons with the suppression of Rebellion, Insurrection, and foreign Invasion? surely the most wicked of them that advised his Majesty to this Answer cannot suggest, but that it is necessary for the safety of his majesty's royal Person and the peace of the kingdom, such a power should be put in some hands. And there is no pretence of exception to the persons. His Majesty for the space of above fifteen years together, thought not a power far exceeding this to be too great to intrust particular persons with, to whose will the Lives and Liberties of his people by martial laws were made subject, for such was the power given to Lord lieutenants, and deputy lieutenants in every county of this kingdom, and that without the consent of his people, or authority of Law. But now in case of extreme necessity, upon the advice of both Houses of Parliament for no longer space than two years, a lesser power, and that for the safety of King and people, is thought too great to trust particular persons with, though named by both Houses of Parliament, and approved of by his majesty himself. And surely if there be a necessity to settle the Militia (which his Majesty was pleased to confess) the persons cannot be entrusted with less power than this to have it all effectual. And the precedents of former Ages when there happened a necessity to raise such a power, never straightened that power to a narrower compass, witness the Commissions of Array in several Kings reigns, and often issued out by the consent and the authority of Parliament. The Lords and Commons therefore entrusted with the safety of the kingdom, and peace of the People, (which they call God to witness is their only aim) finding themselves denied these their so necessary, and just demands, and that they can never be discharged before God or Man, if they should suffer the safety of the kingdom and peace of the people to be exposed to the malice of the malignant party at home, or the fury of enemies from abroad. And knowing no other way to encounter the imminent & approaching danger, but by putting the people into a sit posture of defence, do resolve to put their said Ordinance in present execution, and do require all persons in authority by virtue of the said Ordinance forthwith to put the same in execution, and all others to obey it, according to the fundamental laws of the kingdom in such cases, as they tender the upholding of the true Protestant Religion, the safety of his majesty's Person, and his royal Posterity, the peace of the kingdom, and the being of this commonwealth.  
FINIS.