THE DECLARATION OF THE Lords and Commons in Parliament assembled, Directed to the high Sheriffe of the County of
Essex, and all other Sheriffes in generall within
England and
Wales, Concerning his MAJESTIES Proclamation about the
Militia.
WHereas Robert Smith Esquire, now high Sheriffe of the County of Essex, hath lately received a Writ, bearing date the 27 day of May, in the eighteenth yeere of His now Majesties raigne, thereby commanding him to publish a Proclamation whereby all His Majesties Subjects belonging to the Trained-bands or Militia of this Kingdome are forbidden to rise, march, muster, or exercise, by vertue of any Order or Ordinance of one or both Houses of Parliament, without consent or warrant from His Majesty, upon paine of punishment according to the lawes. And whereas the said high Sheriffe hath now addressed himself to both Houses of Parliament for advise and directions therein; conceiving the said Proclamation to be contrariant and repugnant to the Ordinance and judgment of both Houses of Parliament concerning the Militia: It is therefore declared by the Lords and Commons in Parliament (they intending nothing by the said Ordinance but the protection and security of His Maiesties Person, the defence of the Kingdome against forren invasion, and the preservation of the publique peace, against intestine rebellions and insurrections here at home, the maintenance of the priviledges and authority of Parliament according to the Protestation) That the said writ is illegall, for that by the constitution and policy of this Kingdome, the King by his Proclamation cannot declare the Law contrary to the Constitution os any of the inferiour Courts of justice, much lesse against the high Court of Parliament; And likewise for that this Writ forbids that to be done which they are obliged unto by their duty to God, their allegiance to His Maiesty, and the trust reposed in them by the Common-wealth (the law having intrusted them to provide for the good and safety thereof.) And that the said high Sheriffe hath done nothing, in forbearing to publish the said Proclamation, but according to his duty, and in obedience to the Order of both Houses. And he is hereby required not to publish the said Proclamation, or any other Proclamations or Declarations of the like nature that concerne the Parliament, without first acquainting the said Houses. And it is further declared, that the said high Sheriffe, and other Sheriffes of other Counties within this Kingdome of England, and the Dominion of Wales, for their obedience to the Orders and Ordinance of Parliament, or that have or hereafter shall doe any thing in the execution thereof, shall be protected by the power and authority of both the said Houses.
ORdered by the Lords in Parliament Assembled, That this Declaration shall be forthwith Printed and Published.
London Printed for Joseph Hunscot and Iohn Wright, 1642.