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Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
duty_n act_n king_n law_n 1,050 5 4.6882 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A64341 Ten matters worthy of note I. The declaration or resolution of the officers in the county of Essex, to the Earle of VVarwick, L. Lievtenant of that county. II. The Lord Willoughby of Parham his letter to an honorable Member of the Parliament. III. His Maiesties letter to the Lord VVilloughby of Parham. IIII. The Lord VVilloughby of Parham his letter, in answer to His Maiestie. V. With the message of the Lords to the House of Commons upon the said letrers [sic]. VI. Also the Lord of Warwicks, letter to his brother the Earle of Holland; VII. With the approbation of both Houses concerning the same. Die Iovis, 9. Iunii, 1642. Ordered by the Lords in Parliament, that these severall letters and resolutions shall be forthwith printed and pulished [sic]. Ioh. Brown, Cler. Parliament. VIII. And also a proclamation by the King, proclaimed in London the ninth of Iune, 1642. concerning Sir Iohn Hotham, and the militia. IX. And a declaration of the Lords and Commons in Parliament concerning the said proclamation. X With the Willoughby of Parham, Francis Willoughby, Baron, 1613?-1666. aut; Charles I, King of England, 1600-1649. aut 1642 (1642) Wing T672A; ESTC R220816 9,075 8

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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 doe affirme it to be 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 then 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 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 judge and determine the Rights and Liberties of the Kingdome against such Patents and Grants of His Majesty as are prejudiciall 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 Majesty 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 Commons which are His Majesties great 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 that the Towne of Hull should be 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 intended 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 tyed to performe And it is so far from being lyable to punishment that if they should refuse to doe it or be perswaded by any Commission or Command of his Majestie to doe the contrary they might justly be punished for the same according to the Lawes and usages of the Realme for the King by his Soveraigntie 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 Majestie to that purpose though he himself in his own 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 Kingdome 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 and the Rights and Liberties of the Subjects And the Lords and Commons doe require and command all Constables Petty-Constables and all other his Maiesties Officers and subjects whatsoever to muster Levie Raise March and Exercise or to Summon or Warne any upon Warrant from the Lievtenants Deputy-Lievtenants Captains or other Officers of the Trained badns and all others according to the said Ordinance of both Houses and shall not presume to Muster Levie Raise March Exercise by vertue of any Commission or other Authority whatsoever as they will answer the contrary at their perills and in their so doing they doe further declare That they shall bee protected by the power and Authority of both Houses of Paliament 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 Kingdome FINIS