TEN MATTERS WORTHY OF NOTE: 

I. The Declaration or Resolution of the Officers in the County of Essex, to the Earl of Warwick, L. Lieutenant of that County.  
II. The Lord Willoughby of Parham his Letter to an Honourable Member of the PARLIAMENT.  
III. His Majesty's Letter to the Lord Willoughby of Parham.  
FOUR The Lord Willoughby of Parham his Letter, in answer to His Majesty.  
V With the Message of the Lords to the House of Commons upon the said Letters.  
VI Also the Lord of Warwick's, Letter to his Brother the Earl of Holland;  
VII. With the Approbation of both Houses concerning the same.   
Die jovis, 9 junii, 1642.  
Ordered by the Lords in Parliament, That these several Letters and Resolutions shall be forthwith Printed and Pulished.  
joh. Brown, Gler. Parliament.  

VIII. And also a Proclamation by the King, proclaimed in London the Ninth of june, 1642. concerning Sir john Hotham, and the Militia.  
IX. And a Declaration of the Lords and Commons in Parliament concerning the said Proclamation.  
X. With the Statute of the 7. Edward 1.    
LONDON, Printed by F. L. for Tho: Banks. 1642.   

The Declaration or Resolution of the Officers in the County of Essex, to the Earl of Warwick, Lord Lieutenant of that County.  
WE the Captains and Lieutenants with the full consent of the trained bands and Volunteers of the said County now assembled, having before the access or this present Parliament seen our Religion, our Laws, our liberties and estates brought to the brink of ruin anr subversion by the results of most desperate and wicked Counsels, could not but with exceeding joy behold the assembling and continuance of so great and faithful a Council (he representative body of this Kingdom) and with most certain confidence commilt thereto all that was dear unto us.  
And having also seen the late hellish designs and actings of a Malignant party of this kingdom, and the bloody rebellion in Ireland, all working to retard the progress, or subvert the being of this worthy Parliament, and therein to bereave us of all our hopes of Reformation, or future peace or happiness to this Church or Kingdom. We cannot but ascribe all glory and praise unto the Lord of Lords, and express most hearty thankfulness unto his blessed Instruments that great assembly, for their undaunted resolutions, unparallelled endeavours, and happy proceed for the common good. And herein (as not the least means of our safety) for the most necessary and seasonable Ordinance of theirs touching the ordering of the Melitia, whereby we art put under the command and guidance of so Noble a Lord, and such worthy Gentlemen, whereunto we humbly desire this present day and meeting may be an evidence and pledge of our free and willing obedience.  
And in having trusted our religion, and laws, and all into the hands of that great and most faithful Council the Parliament, whose care and fidelity we have so abundantly found, we even bleed to see the heart and actions of our Royal King (contrary to his own Royal expressions) declining from the Counsels of His Parliament, and carried after other Counsels, whom, as the Laws and constitutions of this land have not known, nor reposed upon: so we (for our own parts) neither will nor dare intrust with our Keligion or Laws. And whom we verily believe, could they prevail against that highest Court (under God our chiefest Bulwark and defence) would soon deprive us both of Religion and Law, and (notwithstanding all their specious pretences) reduce us to a condition no less miserable than slavish.  
From the deep apprehensions of all which we do freely and hearty promise and tender our persons and estates to assist and defend (to the uttermost) the high Court of Parliament now assembled, the members power and privileges thereof, and therein His Majesty's person and authority; and the kingdom's peace, (according to our late Protestation) against all contrary counsels, power, and force of Arms whatsoever, which shall be reared up, or attempted against them.  
And this our humble acknowledgement and resolution (which we doubt not will be accorded unto by all good subjects) we humbly desire your Honour and Worships to tender on our behalf unto that most Honourable Assembly of Parliament  
For whose happy progress and success we shall daily pray.   

The Lord Willoughby of parham his Letter to an Honourable Member of the house of Parliament.  
My Lord,  
I Received a Letter from your Lordship, in which the House is pleased to do me a very great Honour, fare above any desert of mine, and little expected by me: for my Lord, I well know my obedience ties me to fulfil their Commands, and in that I have done, but my duty, and that which every honest man ought to do, and oweth of right to the Parliament; and whosoever hath that principle in him, it will dictate to him as much, and keep him from other byways: And for my own part my heart ever was and shall ever he, both forward and ready to obey their Lordship's command in all things, both with Integrity and industry, and Gods curse light upon him and his, that carries any other heart about him. My Lord, it is too mean a way for me to express my acknowledgement in paper, to the House, for this high favour which I have received by your Lordship's Letter. I hope to make it appear by my actions that their Lordships see, I am not an ungrateful servant. It is a great encouragement to these parts, their Lordship's Resolutions, in giving their Commands to have the rest of the Militia put in present execution; and truly, my Lord. it was out of that regard that I did intimate it to my Lord of Essex, as holding it a thing much conducing to the public good, and the only remedy to cure these distractions which the Kingdom is in, not out of any regard to myself; for I know, if I suffer in executing their Lordship's commands, it must be against their wills, and when that day comes, I will not give a straw for all I have, were I but a looker on. My Lord, as I was this day at Lincoln where I appointed to begin to Muster, there came a Messenger from his Majesty, with this Letter, which I held it my duty to acquaint the House with, and likewise my answer, and am for Lincoln, where, as in all other places, I shall be ready to serve your Lordship.  
As your most humble servant, F. WILLOUGHBY.  
MY Lord, ere my Letter was sealed up, I could not but give your Lordship an account, in how good a Posture I found the trained Band of Lincoln, which was fare beyond my expectation considering the unhappiness in the sickness being dispersed in the Town, which hindered the appearance of some; But truly my Lord that was fully supplied by a Company of Volunteers, equal in number and goodness of Arms to the Trained Bands.  
Lincoln, 6. june. 1642.   

CHARLES REX.  
RIght trusty and well-beloved We greet you well. Whereas We understand, That you have begun to assemble, Train and Muster the Trained Bands of our County of Lincoln, under pretence of an ordinance of Parliament, whereto We have not given Our consent; Which is not only contrary to Law, but to Our Command and Pleasure signified by Our Proclamation sent to the high Sheriff of that Our County: Wherefore That you may not hereafter plead Ignorance of such our prohibition; We do, by these Our Letters, Command, and charge you, upon your Allegiance, to desist and forbear to Raise, Muster, Train Exercise, or Assemble together any part of the Trained Bands of that Our County, either by yourself. or by any others employed under you or by Warrant from you. And because you may, for what you have already done, concerning the Militia of that Our County, plead that you had not so particular a Command, We shall pass by what you have already done therein, So as presently upon your receipt hereof, you shall desist and give over meddling any further with any thing belonging to the Militia of that Our County; But if you shall not presently desist, and forbear meddling therewith, We are resolved to call you to a strict Account for your Disobedience therein, after so many particular and legal Commands given you, upon your Allegiance to the contrary, and shall esteem and proceed against you as a disturber of the peace of Our Kingdom.  
Given at our Court at York, the fourth of june. 1642.   

SIR,  
AS there can be nothing of greater unhappiness to me, then to receive a Command from your Majesty, whereunto my endeavours cannot give so ready an obedience, as my affections: so I must confess the difficulty at this time not a little, how to express that duty which I own to your Majesty's late Commands, and not falsify that Trust reposed in me by your high Court of Parliament; through whose particular directions I am now come into this Country to settle the Militia, according to the Ordinance of Parliament which by the Votes of my Lord Littleton and others in the House of Peers, better versed in the Laws then myself, passed as a Legal thing; and hath since been confirmed (if I mistake not) by his example, and your Majesty's Chief Justice, Sir john Banks, both in accepting their Ordinance, and nominating their Deputy Lieutenants; how much farther they proceeded, I know not.  
But Sir, if the opinions of those great Lawyers drew me into an act unsuitable to your Majesty's liking: I hope the want of years will excuse my want of judgement. And since the Command of the Parliament, I am now so far engaged in their service as the sending out Warrants to summon the County to meet me this day at Lincoln, and afterwards in other places: I do most humbly beseech your Majesty not to impose that Command on me, which must needs render me false to those that rely on me, & so make me more unhappier than any other misery can fall upon me.  
These things, Sir, I once more humbly beseech your Majesty may be taken into your gracious consideration, & that you would never be pleased to harbour any misconceit of me, or of this action, since nothing hath yet passed by my Commands here, or ever shall; but what shall tend to the honour and safety of your Kingdom, and to the content (I hope) of all your Majesty's Subjects in these parts; amongst which I remain.  
Your Majesty's Most humble and dutiful Subject and Servant. F. WILLOUGHBY.   

The Approbation of both Houses.  
THe Lords and Commons in Parliament assembled, being advertised by the Lord Lieutenant, and Deputy Leiutenants of the County of ESSEX, of their ready, full, and forward meeting of the Trayn-Bands of that County; and of a cheerful access, of a very considerable number of Volunteers at their first appearing; Have thought fit, to express unto them, the good sense they hold of their proceed, so much conducing to the General safety of this Kingdom; And having likewise received from them a Declaration full of affections, and good inclinations, to maintain our Religion, Laws, Liberties, and privileges of Parliament; Which they observe to be invaded by pernicious Council, as in deed they have been of late, in a more dangerous, and high manner than any age can parralel: And having very prudently observed, in a right understanding, That the Kingdom, and the King's authority and Person, can be no ways maintained, but by the upholding the power and privisedges of Parliament; as by the late Protestation they acknowledge themselves bound unto, against all contrary Counsels, Power, and force of Arms whatsoever. This just and faithful resolution of theirs, to the public good; The Lords and Commone do not only approve, but commend, assuring them, that as their endeavours have been for the peace and happiness of the King and Kingdom; So they will persist, in discharge of the great and public trust, which lies upon them; to go through all difficulties which may oppose the public peace and welfare of this Kingdom: And will upon all occasions, be ready to express particularly, to those persons from whom they have received such assurance of their affections and fidelities.   

❧ By the King.  
A Proclamation proclaimed in London the ninth of june 1642. concerning Sir john Hotham, and the Maiitia.  
WHereas by the Statute made in the seventh year of King Edward the first, The Prelates, Earls Barons, and Commonalty of the Realm affirmed in Parliament, That to the King it belongeth and his part it is by his Royal Segniority straight to defend wearing of Armour, and all other Force against the Peace, and all times when it shall please Him, and to punish them which shall do contrary, according to the Laws and usages of the Realm; and hereunto all Subjects are bound to aid the King, as their Sovereign Lord at all seasons when need shall be. And whereas We understand, That expressly contrary to the said Statute and other good Laws of this our Kingdom, under colour and pretence of an Ordinance of Parliament, without Our consent or any Commission or warrant from Us. The Trained Bands, and the Militia of this Kingdom have been lately, and are intended to be put in Arms, & drawn into Companies in a Warlike manner, whereby the Peace and Quiet of Our Subjects is, or may be disturbed: We being desirous by all gracious and fair admonitions to prevent, That some malignant Persons in this Our Kingdom do not by degrees seduce Our good subjects from their due obedience to Us and the Laws of this our Kingdom, subtly indeavoring by a general Combustion or Confusion, to hid their mischievous designs and intentions against the Peace of this our Kingdom and under a spetious pretence of putting Our Trained Bands into a Posture, draw, & engage Our good Subjects in a Warlike Opposition against Us, as Our Town of Hull is already by the Treason of Sir Sir john Hotham, who at first pretended to put a Garrison into the same, only for Our security and service.  
We do therefore by this Our Proclamation expressly charge and Command all Our Sheriffs, and all Colonels, Lieutenant-colonels, Sergeant Majors, Captains, Officers, and Soldiers belonging to the Trained Bands of this Our Kingdom, and likewise all high and petty Constables, and other Our Officers and Subjects whatsoever, upon their Allegiance and as they tender the peace of this Our Kingdom Not to Muster, Levy, Raise, March, or to summon, or warn upon any Warrant Order or Ordinance for one or both Our Houses of Parliament, (whereunto We have not, or shall not give Our express Consent) any of our Trained Bands or other Forces to Rise, Muster March, or Exercise, without express Warrant under Our Hand, or Warrant from Our Sheriffs of the County, grounded upon a particular Writ to that purpose, under Our great Seal. And in case any of Our Trained Bands shall rise or gather together, contrary to this Our command; We shall then call them in due time to a strict account, and proceed legally against them as violaters of the Laws, and disturbers of the Peace of the Kingdom.  
Given at Our Court at York the 27. day of May, 1642.   

The Message of the Lords to the House of Commons.  
THe Lords have thought fit to let you know, how much they value and approve the service so much importing the safety of this Kingdom; and they doubt not of your readiness to concure with them, upon all occasions to manifest the sense they have, and shall retain of his deservings, which appears the greater, by how much the difficulties (by those circumstances you have hear read) have been greater. And as my Lord resolves to make his interest their own, in this service. for the public good, and safety of this Kingdom, so they desire you to join with them in so good and necessary a work.  
Resolved by the House of Commons to join with the Lords in this vote, and do make the like resolution for the deputy Lieutenants for the County of Lincoln, and desire the Lords concurrence therein.  
Ordered by the Lords in Parliament, That they agree with the House of Commons, for the resolution concerning the Deputy-Lieutenants of the County of Lincoln.   

To my Noble Brother the Earl of Holland  
Brother,  
IN obedience to the order of both Houses of Parliament, I this day repaired to Burntwood (where about one four parts of the Trained bands of Essex, were appointed to meet) for the putting of the ordinance for the Militia of this Countyin execution. I saw five Companies drawn out, being of the ordinary trained Bands (and all that were designed to this place) whose numbers I found full●, and their Arms complete. For though about threescore Arms had been formerly taken out of each company for the late service about Scotland, yet a full supply was made by Volunteers, and one of the said five Companies (being under the conduct of Sir William Mashams, son) was double to the usual list. A sixth Company was drawn out, which consisted of near five hundred able men, who came as Volunteers under the command of Sir Thomas Baringtons younger son. I caused the Declaration of both Houses made for their indemnity, to be read at the head of each Company, And required the Captains, Officers, and Soldiers to be obedient to such directions as should be conveyed to them from me, or my deputy Lieutenants, according to the said ordinance for the service, of his Majesty and his Parliament, in defence of the Kingdom. To which they did unanimously manifest a resolution and respect, and a cheerful readiness, therein to spend their lives and fortunes. Hereof I thought fit to give your Lordship this brief account praying you to communicate the same to their Lordships, I having desired my deputy Lieutenants to do the same to the House of Commons. I have this day received a petition from the Captains and Leiutenants of the several companies here assembled, in the name of all the persons belonging to the said trained bands, and with their full consent expressed upon the reading of it, by their general acclamations, and applause, in their several Companies, whereof I send your Lordship a copy here enclosed. And so dessiring from God a blessing upon all your counsels, I rest.  
Burntwood the 7. of june, 1642. Your Lordship's affectionate Brother WARWICK.   

A Declaration of the Lords and Commons in Parliament, concerning his Majesty's Proclamation.  
THe Lords and Commons having perused His Majesty's Proclamation forbidding all His Majesty's Subjects, belonging to the Trained-Bands or Miltia 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 vouched, nor any other Law of this Kingdom doth restrain, or make void 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 Majesty's Subjects to any punishment for obeying the same, Notwithstanding that his Majesty hath refused to give his consent to that ordinance: but aught to be obeyed by the fundamental Laws of this Kingdom.  
The Declaration of 7. Ed. 1. Quoted in His Majesty's Proclamation, runneth thus.  
THe King to the Justices of His Bench sendeth greeting: Whereas of late be fore certain Persons deputed to treat upon sundry debates, had between Us, and certain great men of Our next Parliament, after provision shall be 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 Armour, 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 busine have said, That to Us it belongeth, and Our part is through Our Royal Seigniority straightly to defend force of Armour, and all other force against Our peace at all times when it shall 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 read afore you in the said Bench, and there to be Enrolled.  
Given at Westminster the 30. day of October.  
THe occasion of this Declaration was for the restraint of Armed men from coming to the Parliament, to disturb the peace of it, and is very improperly alleged for the maintenance of such Levies, 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 Arms. So that the Question is not, whether it belong to the King or not to restrain such forces; 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 affirm 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 Majesty's command, by his great Seal, or otherwise, much less can the power of Parliament be concluded by his Majesty's 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 King's Judgements.  
The High Court of Parliament, is not only a Court of Judicature, enabled by the Laws to judge, and determine the Rights, and Liberties of the Kingdom, against such Patents, and Grants of His Majesty, as are prejudicial thereunto; although strengthened both 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 King's 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 King's Supreme Power, and Royal Pleasure, is exercised and declared in this High Court of Law, and Council, after a more eminent and obligatory manner, than it can be by any personal Act or Resolution of His Own.  
Seeing therefore the Lords & Commons, which are His Majesty's great & 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 that the Town of Hull should be committed to the custody of Sir john Hotham, to be preserved from the attempts of Papists and other malignant persons, who thereby might put the Kingdom into a combustion, which is so fare from being a Force against the King's peace, that it is necessary for the keeping and securing thereof, and for that end alone is intended: And all his Majesty's 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 interpreted 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 Majesty's 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, 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 Majesty's Officers, and subjects whatsoever, to muster, Levie, Raise, March, and Exercise, or to Summon or Warn any upon Warrant from the Lieutenants, Deputy-lieutenants, 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 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 disturbers of the peace of the Kingdom,  
FINIS.