VVE the Captaines and Lieutenants with the full consent of the trained bands and Volunteers of the said County now assembled, having be­fore the accesse or this present Parliament seene our Religion, our Lawes, our liberties and estates brought to the brinke of ruine 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 faithfull a Councell (he representative body of this Kingdome) and with most certaine confidence commilt thereto all that was deere unto us.

And having also seene the late hellish designes and actings of a Malignant partie of this kingdome, and the bloody rebellion in Ireland, all working to retard the progresse, or subvert the being of this worthy Parliament, and therein to bereave us of all our hopes of Reformation, or future peace or happinesse to this Church or Kingdome. Wee cannot but ascribe all glory and praise unto the Lord of Lords, and expresse most hearty thankefullnesse unto his blessed Instruments that great assembly, for their undan­ted resolutions, unparalleld endeavours, and happy proceedings for the common good. And herein (as not the least meanes 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 bee an evidence and pledge of our free and willing obedience.

And in having trusted our religion, and lawes, and all into the hands of that great and most faithfull Councell the Parliament, whose care and fidelitie wee have so abundant­ly found, we even bleed to see the heart and actions of our Royall King (contrary to his owne Royall expressions) declining from the Councels of His Parliament, and ca­ried after other Councels, whom, as the Lawes and constitutions of this land have not knowne, nor reposed upon: so we (for our owne parts) neither will nor dare intrust with our Keligion or Lawes. And whom we verily beleeve, could they prevaile against that highest Court (under God our chiefest Bulwarke and defence) would soone deprive us both of Religion and Law, and (notwithstanding all their specious pretences) re­duce us to a condition no lesse miserable then slavish.

From the deepe apprehensions of all which we doe freely and heartily 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 priviledges thereof, and therein His Maiesties person and authority; and the kingdomes peace, (according to our late Protestation) against all contrary counsels, power, and force of Armes whatsoever, which shall bee reard up, or attempted against them.

And this our humble acknowledgement and resolution (which wee doubt not will bee accorded unto by all good subiects) wee humbly desire your Honour and Worships to tender on our behalfe unto that most Honorable Assembly of Parliament

For whose happy progresse and successe we shall daily pray.

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 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 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,