A DECLARATION OF THE Lords and Commons IN PARLIAMENT: CONCERNING His majesties Proclamation.  

Ordered by the Lords and Commons in Parliament, That this Declaration be printed and published.  
Joh. Brown, Cleric. Parliament.   
LONDON, Printed for T. Wright, and are to be sold in the Old-Baily. 1643.   

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 kingdom, 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 pain of punishment according to the laws,  
do thereupon declare, That neither the Statute of the seventh of Edward the first therein vouchsafe, or any other Law of this kingdom doth restrain, or make voided the Ordinance agreed upon by both Houses of Parliament, for the ordering and disposing the Militia of the kingdom, 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 obeied by the fundamental laws of this kingdom.  

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 certain Persons deputed to treat upon sundry debates, had between 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, earls, 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 armor, 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, earls, Barons, and the Commonalty of our Realm there assembled, to take advice of this business, have said, That to Us it belongeth, and Our part is through Our royal signory straightly to defend force of armor, 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 laws and Usages of Our realm.  
And hereunto they are bound to aid us, as their sovereign Lord at all seasons, when need shall be. We command you, that you cause these things to be red afore you in the said Bench, and there to be enrolled.   
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 alleged for the maintenance of such levies, 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 arms. 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 kingdom, 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 less 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 fountain 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 personal 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 prejudicial thereunto; although strengthened by His personal Command, and by His Proclamation, under the great seal: But it is likewise a council to provide for the necessities, prevent the imminent dangers; and preserve the public Peace and safety of the kingdom, and to declare the Kings pleasure in those things as are requisite thereunto; and what they do herein, hath the Stamp of royal Authority, although His Majesty seduced by evil counsel, do in His own Person, oppose, or interrupt the same. For the Kings supreme Power, and royal Pleasure, is exercised and declared in this High Court of Law, and council, after a more eminent and obligatory manner, then it can be by any personal Act or Resolution of His Own.  
Seeing therefore the Lords and Commons, which are His Majesties great and Highest council, have ordained, That for the present and necessary Defence of the realm, the Trained Bands, and Militia of this kingdom should be ordered according to that Ordinance: and all his Majesties loving Subjects, as well by that Law as by other laws, are bound to be obedient thereunto, and what they do therein is according to that Law to be interpnted to be done in aid of the King, in discharge of that Trust which he is tied to perform: and it is so far from being liable to punishment, that if they should refuse to do it, or be persuaded by any Commission or Command of his Majesty to do the contrary, they might justly be punished for the same, according to the laws and Usages of the realm: for the King, by his sovereignty, 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.  
wherefore the Lords and Commons do declare the said Proclamation to be void 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 inferior Courts of Justice, much less 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 laws, 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, levy, raise, March and Exercise, or to Summon or warn any upon Warrant from the lieutenants, 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, levy, Raise, March, or Exercise, by virtue 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.