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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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Serjant Majors Captaines Officers and Souldiers belonging to the Trained Bands of this Our Kingdome 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 Kingdome Not to Muster Levy Raise March or to summon or warne upon any Warrant Order or Ordinance for one or both Our Houses of Parliament whereunto We have not or shall not give Our expresse Consent any of our Trained Bands or other Forces to Rise Muster March or Exercise without expresse Warrant under Our Hand or Warrant from Our Sheriffes of the County grounded upon a particular Writ to that purpose under Our great Seale And in case any of Our Trained Bands shall rise or gather together contrary to this Our command Wee shall then call them in due time to a strict account and proceede legally against them as violaters of the Laws and disturbers of the Peace of the Kingdome Given at Our Court at Yorke 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 valew and approve the service so much importing the safety of this Kingdome and they doubt not of your readinesse to concure with them upon all occasions to manifest the sence they have and shall retaine of his deservings which appeares the greater by how much the difficulties by those circumstances you have heare read have beene greater And as my Lord resolves to make his interest their owne in this service for the publique good and safetie of this Kingdome so they desire you to joyne with them in so good and necessary a worke Resolved by the House of Commons to joyne with the Lords in this vote and doe make the like resolution for the deputy Lieutenants for the County of Lincolne 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 Lincolne To my Noble Brother the Earle 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 Trayned bands of Essex were appointed to meete for the putting of the ordinance for the Militia of this Countyin execution I saw five Companies drawne out being of the ordinary trayned Bands and all that were designed to this place whose numbers I found full● and their Armes compleat For though about threescore Armes had beene 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 Compaines being under the conduct of Sir William Mashams sonne was double to the usuall list A sixt Company was drawne out which consisted of neere five hundred able men who came as Volunteers under the command of Sir Thomas Baringtons younger sonne I caused the Declaration of both Houses made for their indemnity to be read at the head of each Company And required the Captaines Officers and Souldiers to bee 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 Kingdome To which they did unanimously manifest a resolution and respect and a cheerfull readinesse therein to spend their lives and fortunes Hereof I thought fit to give your Lordship this briefe accompt praying you to communicate the same to their Lordships I having desired my deputy Lieutenants to doe the same to the House of Commons I have this day received a petition from the Captaines and Leiutenants of the severall companies here assembled in the name of all the persons belonging to the said trayned bands and with their full consent expressed upon the reading of it by their generall acclamations and applause in their severall Companies whereof I send your Lordship a coppy here inclosed And so dessiring from God a blesing upon all your counsells I rest Burntwood the 7. of Iune 1642. Your Lordships affectionate Brother WARWICK A Declaration of the Lords and Commons in Parliament concerning his Maiesties Proclamation THe Lords and Commons having perused His Majesties Proclamation forbidding all His Majesties Subjects belonging to the Trained-Bands or Miltia of this Kingdome to rise march muster or exercise by vertue of any Order or Ordinance of any one or both Houses of Parliament without consent or Warrant from His Majestie upon paine of punishment according to the Lawes Doe thereupon declare That neither the Statute of the seventh of Edward the first therein vouched nor any other Law of this Kingdome doth restraine or make void the Ordinance agreed upon by both Houses of Parliament for the ordering and disposing the Militia of the Kingdome in this time of extreame and imminent danger nor expose his Majesties Subjects to any punishment for obeying the same Notwithstanding that his Majestie hath refused to give his consent to that ordinance but ought to be obeyed by the fundamentall Lawes of this Kingdom The Declaration of 7. Ed. 1. Quoted in His Majesties Proclamation runneth thus THe King to the Justices of His Bench sendeth greeting Whereas of late be fore certaine Persons deputed to treate upon sundry debates had betweene Us and certaine great men of Our next Parliament after provision shall be made by Us and the Common Assent of the Prelates Earles and Barons That in all Parliaments Treaties and other assemblies which should be made in the Realme of England for ever That every man shall come without all force and Armour well and peaceably to the Honour of Vs and the peace of Vs and Our Realme And now in our next Parliament at Westminster after the said Treaties the Prelates Earles Barons and the Commonalty of Our Realme there assembled to take advice of this busine have said That to Vs it belongeth and Our part is through Our Royall Seigniority straightly to defend force of Armour and all other force against Our peace at all times when it shall plase Us and to punish them which shall doe contrary according to Our Lawes and Vsages of Our Realme And hereunto they are bound to aide Vs as their Soveraigne Lord at all seasons when neede shall be We command you that you cause these things to be read afore you in the said Bench and there to be Inrolled Given at Westminster the 30. day of October THe occasion of this Declaration was for the restraint of Armed men from comming to the Parliament to disturbe the peace of it and is very improperly alledged for the maintenance of such Leavies 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 Armes So that the Question is not whether it belong to the King or no to restraine such forces But if the King shall refuse
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 your selfe or by any others imployed 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 passe by what you have already done therein So as presently upon your receipt hereof you shall desist and give over medling any further with any thing belonging to the Militia of that Our County But if you shall not presently desist and forbear medling therewith We are resolved to call you to a strict Accompt for your Disobedience therein after so many particular and legall 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 Iune 1642. SIR AS there can be nothing of greater unhappinesse to me then to receive a Command from your Majestie whereunto my endeavours cannot give so ready an obedience as my affections so I must confesse the difficulty at this time not a little how to expresse that duty which I owe to your Majesties late Commands and not falsifie that Trust reposed in me by your high Court of Parliament through whose particular directions I am now come into this Countey to settle the Militia according to the Ordinance of Parliament which by the Votes of my Lord Littleton and others in the House of Peeres better versed in the Laws then my self passed as a Legall thing and hath since been confirmed if I mistake not by his example and your Majesties Chief Justice Sir Iohn 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 Majesties 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 ingaged 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 relie on me so make me more unhappier then any other misery can fall upon me These things Sir I once more humbly beseech your Majestie 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 Majesties Subjects in these parts amongst which I remain Your Majesties Most humble and dutifull Subiect and Servant F. WILLOVGHBY The Approbation of both Houses THe Lords and Commons in Parliament assembled being advertised by the Lord Leivtenant 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 cheerefull accesse of a very considerable number of Volunteers at their first appearing Have thought fitt to expresse unto them the good sence they hould of their proceedings so much conducing to the Generall safty of this Kingdome And having likewise received from them a Declaration full of affections and good inclinations to maintaine our Religion Lawes Liberties and priveledges of Parliament Which they observe to be invaded by pernicious Councell as in deed they have beene of late in a more dangerous and high manner then any age can parrallell And having very prudently observed in a right understanding That the Kingdome and the Kings authority and Person can be no wayes maintained but by the upholding the power and privisedges of Parliament as by the late Protestation they acknowledge themselves bound unto against all contrary Councells Power and force of Armes whatsoever This iust and faithfull resolution of theirs to the publique good The Lords and Commone do not only approve but commend assuring them that as their endeavors have been for the peace and happinesse of the King and Kingdome So they will persist in discharge of the great and publique trust which lies upon them to goe through all difficulties which may oppose the publique peace and welfare of this Kingdome And will upon all occasions bee ready to expresse particularly to those persons from whom they have receaved such assurance of their affections and fidelities ❧ By the King A Proclamation proclaimed in London the ninth of Iune 1642. concerning Sir Iohn Hotham and the Maiitia WHereas by the Statute made in the seventh yeere of King Edward the first The Prelates Earles Barons and Commonalty of the Realme affirmed in Parliament That to the King it belongeth and his part it is by his Royall Segniority straitly 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 doe contrary according to the Lawes and usages of the Realme and hereunto all Subjects are bound to aide the King as their Soveraigne Lord at all seasons when neede shall be And whereas We understand That expresly contrary to the said Statute and other good Lawes of this our Kingdome 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 Kingdome have beene lately and are intended to be put in Armes drawne into Companies in a War-like manner whereby the Peace and Quiet of Our Subjects is or may be disturbed Wee being desirous by all gratious and faire admonitions to prevent That some malignant Persons in this Our Kingdome doe not by degrees seduce Our good subjects from their due obedience to Us and the Lawes of this our Kingdome subtilly indeavoring by a generall Combustion or Confusion to hide their mischievous designes and intentions against the Peace of this our Kingdome 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 Towne of Hull is already by the Treason of Sir Sir Iohn Hotham who at first pretended to put a Garison into the same onely for Our security and service We doe therefore by this Our Proclamation expresly charge and Command all Our Sheriffes and all Colonels Lievtenant-Colonels
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