The Sovereign Power of Parliaments and Kingdoms, Part 3

The Sovereign Power of Parliaments and Kingdoms · Part 3

p. 1The Parliaments Interest in the Militia, Forts, Navy, & Officers of the Kingdom.

IN the preceding Parts of this Discourse, I have with as much perspicuity and sincerity as I could, waded through those deepe and weighty differences of greatest importance, which have lately (to our great unhappinesse) I know not by what**Judg …9. 23.Judg 9:23 evill spirits solicitation, unexpectedly risen up by insensible degrees, betweene the Kings Majestie, and the present Parliament; (whose primitive sweet agreement, made us not so happy, as their subsequent Divisions in place, affection, opinion, have rendred the whole three Kingdomes miserable,) in point of Royall Prerogatives onelyonly, which I have dispatched: I should now proceed to other Controversies betweene them, principally concerning the Subjects Liberties; But before I passe to those particulars; I shall present you with some few Records of speciall note (casually omitted in their proper place, through over-much haste, and want of time) which will very much cleare the Parliaments just right, and ancient Jurisdiction In ordering the Militia of the Realme, by Sea and Land; in disposing the Ships, the Forts of the Realme for the publicke safety in times of danger; in concluding matters of Warre and Peace; in placing and displacing the great Officers, the Privy Counsellors of the Kingdome; yea regulating the Kings owne houshold, and meniall servants oft times; when there was occasion; which may serve as a supplement to the second part.

It it the determination of Henricus Rauzovius, a Noble Dane, a great Statesman and Souldier in his Commentarius Bellicus, Dedicated to Christierne the fourth, King of Denmarke, Anno 1565. lib. 1. c. 3. That all Kings and Princes in most Republickes, rightly and lawfully constituted, are obliged by their paction entred into before their Inauguration, aaPlato lege hoc-sanxit, li 12 de Ll. Si quis privatim sine publico s cito, pacem beslumve fecerit, capitale esto.Not to begin or move any Warre without the consent of all the Estates and Nobles. Thus in my hearing, Philip King of Spaine, when he demanded and tooke an Oath from his Subjects in the Netherlands, promised by a mutuall Oath to the Estates, That he would make no warre in those parts without their privi…y. The same also (most Noble King) is received and observed not only in your Kingdomes and …, but likewise is in use almost in all Europe. Therefore Frederick your Father p. 2of most famous memory, knowing himselfe to be bound hereunto by compact, before he would be involved in the Swedish Warre, communicating the whole businesse faithfully to his people, as well to the Senators of the Realme, as to the Nobles of the Dukedomes, maturely advised with them about the manner of waging it. Wherefore, lest the Warre which is undertaken bee accused as unjust by the States, because it was undertaken without their advice, contrary to custome and agreements, all ought to be assumed into the Counsell and care of Warre. For thus it will come to passe, besides, that things very well thought on and deliberated by many, have for the most part better successes, then those things which are rashly begun by some one; that the Subjects, who not unwillingly bring their estates and lives into danger, will lesse feare the losse of both, will fight more valiantly, and will put forth all their strength in prosecuting and ending the combate of warre, even for this reason, that themselves have beene the advisers of the warre. Upon this reason, not onelyonly the Kings of the Iewes, Arragon, France, Nav…re, and others, (as I have manifested in thebbPage 141. 22, 23, 95 72. and elsewhere. Appendix) but even of this our Realme, have usually undertaken all their warres, and ordered all their Military affaires, both by Sea and Land, by the advice and direction of their Parliaments, as the Grand Councell of Warre, both for King and Kingdome. This I have plentifully manifested in**Part 2. & 3. the premises, by sundry examples, and shall here onelyonly briefly ratifie with some few new Precedents.

In the first Parliament of 13 Ed. 3. after Proclamation made, Num. 2. That none should come armed with weapons to the Parliament, Num. 3. The causes of summoning the Parliament were shewed to the Lords and Commons, to have their counsell and advice therein, what was best to be done; and expressed to be three. First, that every one, great and small, should consider, in what manner the peace might most surely be preserved within the Realme. Secondly, how the Marches of Scotland, and the Northerne parts might be best defended and kept against the enemies of Scotland. Thirdly, how the Sea should be guarded against the enemies, that they should doe no dammage, nor enter the Realme for to destroy it. After thus. Num. 4. The Bishops and Letters from the King then in France, relate to the Houses the Estate of the Kings Army, warres, and proceedings in France, and the great debts the King stood ingaged in for the maintenance of his Army; for discharge whereof and the Kings further reliefe in the easiest way, to support his warres the Lords condescended to grant the ninth sheafe of all their corne, and the ninth fleece and Lambe of all their flockes to the King, for the two next yeares, so as the custome of Mal-tolt, newly imposed on Woolls, should be released, and this grant not drawne hereafter into custome, as a precedent to their prejudice. Who acquainting the Commons therewith, they after deliberation; As to the Kings supply; returned this Answer. Num. 8, 9. That they thought it meet the King should be supplyed, and were ready to ayde him, as they had alwayes formerly beene, but yet as the ayde was granted in this case, they durst not assent to it, untill they had consulted and advised with the Commons in the Country; for which end they craved time to goe into their Counties, and that Writs might issue to summon another Parliament on the Octaves of Saint Hillary, of the richest Knights in every Shire at a short day to come, (which, wasccNum. 22, 23 24, 25.Num 22:23 condescended to.) After which, Num. 9, 10, 11. they gave this answer in writing concerning the three Articles propounded to them: First, As to the keeping of the peace of the Realme, that the Justices of the Peace had sufficient power already to that purpose; onelyonly they adde, that disturbers of the peace should not be let out of Prison, but upon sufficient Bayle, and that no Charters of pardon should be granted to Felons, but by p. 3common consent in Parliament, and all other pardons held as voyd. To the second they answered, That the King before his going beyond the Seas had taken so good order, and appointed such sufficient Guardians to defend the Marches of Scotland, who were best able to guard those parts, that the enforcement of them by the Kings Councell would be sufficient, without any charge to the Commons; Only, they ordered, that every man who had Lands in the Marches of Scotland, of what condition soever they were, should reside upon them to defend them (as it had beene formerly ordained) without charge to the Commons. To the third, concerning the guard of the Seas: The Commons prayed that they might not be charged to give Counsell in things of which they had no conisance (or charge;) and that they were advised, that the Barons of the Ports which at all times have honours before all the Commons of the Land, and are so enfranchized toddSee Cambdens Britannia, p. 318. accordingly. guard the Sea betweene us and strangers, (if so be it fals out, that they will enter and assaile our Land) that they contribute to no aydes nor charges on the said Land, but receive profits without number arising by the Sea, for the Guard aforesaid. Wherefore the Commons are advised, that they ought to maintaine a guard upon the Sea, as theeeSee 19 E. 3. pars 1. M 14 & pars 2. m. 14 Judge Crookes Argument against Shipmony, p. 69. to 74. Commons do upon the Land, without taking or demanding wages. Likewise, there are other great Townes and Havens which have a Navy, that are in the same case, and are bound to guard the Sea. And as for the safeguard of the Watch-houses upon the Sea by Land; let the guard of them be made by the advice of the Knights of the Shire, where the said Guardians are assigned, in the safest manner that may be, without charge of the Commons: And that the people of the Land, of what condition soever, which have lands on the Coast, shall keepe residence upon those Lands, the better to repulse the enemies from the Land, so that for their abiding there, they shall be discharged to give any aide toward the same guard elsewhere. Num. 13. The Commons frame and demand a generall pardon, upon grant whereof they promise to aide the King with monies. Num. 14. They make an Ordinance for increase of monies in the Realme. Num. 15. Because the ships of England went not out together in Fleetes, to trade, but severally, out of desire of gaine and covetousnesse, and so many of them were taken by the Enemies of the King, and the men slaine and murthered, to the dishonour of the King and the whole Realme; it was agreed, and assented in full Parliament, that all the Navy should stay and be arrested, till further order were given to the contrary. Num. 16. It was accorded and assented in Parliament, that the Bishops and Lords in the Parliament, should send Letters to the Archbishop of Yorke, and the Clergy of his Province, under their Seales, to excite them to grant a convenient ayd for the guard of the Marches of Scotland, for the defence of the Church, the Realme, and themselves, as the Clergy of the Province of Canterbury had done. Num. 17. It is accorded, that Master Robert de Scardeburgh shall be put into the Commission which shall be sent into the County of Yorke, to survey the Array of the people, which shall be chosen for the defence of the Realme, in lieu of Sir Thomas de Blaston. That Sir Richard Chastell shall be put in the Commission to survey the Array in the Counties of Notingham and Derby, and Iohn Feriby in the County of Lancaster. Num. 18. It is assented that the people of Holdernes shall be Arrayed, taxed, and make ayde for the guarding of the Marches of Scotland, and other businesses of the King in those parts, notwithstanding the Commission made to them to guard the Sea, Num. 21. The Lords who have Lands towards the Marches of Scotland, are commanded and prayed by writs and Letters to repaire thither for defence p. 4thereof, namely the Lords of Ros, Wake, Mowbray, Clifford, and Master William Daubeny Steward of the Earle of Richmond, and that those who could not in this case goe in proper person, should send their people to the Lords in the Marches.

In the second Parliament held this yeare, by appointment of the first (Octabis Hilarii, 13. Ed. 3. Num. 2. 5. Edward Duke of Cornwall, Guardian of England (in the Kings absence) being hindered by other businesses to be present in this Parliament, by Letters Patents under the Kings great Seale, appointed the Archbishop of Canterbury, and others to supply his place, and hold the Parliament. Num. 6, 7, 8, 9. The Commons for the defence of the Realme, Sea, and Marches of Scotland, granted the King thirty thousand sackes of Wooll, and the Earles and Barons, the ninth sheafe, Fleece and Lambe, within their Demesne Lands; and agreed to raise a great summe of money presently, to set out a fleet of Ships to Sea, fraught with men of armes, and archers for defence of the Realme. Num. 10. All the Merchants of England, were summoned by writ to appeare at Westminster in proper person, to conferre upon great businesses concerning the Kings honour, the salvation of the Realme, and of themselves. Num. 11. The Mariners of the Cinque-ports upon their departure promised to make their ships ready by Mid-Lent; and were to receive a summe of money to helpe defray their charges herein; and the men of the Cinque-ports, promised to defray the moity of the costs; and the Kings Counsell the other moity, but not in name of wages, but out of speciall grace; and theffSee Cambdens Britan. p. 318. Cinque-ports were to finde 21 ships of their owne, and nine ships of the River of Thames. Num. 12. The Mariners towards the West promised to finde 70. ships of an hundred Tunne and upwards, and to make them ready by the same day; and to defray the charges of them as farre as was requisite; and for the residue, the Kings Counsell were to send them a summe of money for their aide, but not as wages, but of speciall grace; and a Clerke was ordained to survey the charges of the Mariners of the West; and of the Cinque-ports. Num. 23. All the ships of Portsmouth, and the West, were to meet at Dartmouth at the day assigNed; and the Earle of Arundell was assigned their Admirall; And the ships of the Cinque-ports and the River of Thames, were to meete, & assemble at Winchelse, and the Earle of Huntindon, appointed their Admirall; and that all these ships should be ready by the middle of Lent, Num. 19. The Admiralls of all parts were commanded to arrest all other ships, that might passe the Seas, for feare of being surprised by the enemies, & that 200. men s…ould man those to whom the smaller ships belonged, to bring them into such havens where they might be safest from the Enemies. Num. 15. Writs were directed to all Sheriffes of England to make Proclamation, that all those who had Charters of pardon, should repaire towards the Sea, in the service of the King, and at his wages by the middle of Lent, upon paine of losing their Charters, and being put to answer the things contained in them, in case they should not goe. Num. 16. It was accorded and assented in Parliament, that Master Richard Talbot ordained to guard the Towne of Southampton, which he had undertaken to doe, should have a company of men at Armes, and Archers at the Kings wages, which he might increase if there were cause; that he and they should have their wages paid them monethly, from the second Sunday in Lent, and so forwards whiles they continued in that Service, & that he should receive 200. pounds in money, and 200. markes in Wooll, in respect of his said service, and to defray his ancient debts. And he had power given him to assesse and levy monies upon the said Town, towards its defence; and if the Towne were not able to defray all the charge, the King should ayde them for the residue.

p. 5Num. 18. The Bishop of Winchester, the Prior of St. Swithin of Winchester, and the Abbot of Winchester, were commanded to have the people of their Manners next the Towne of Southhampton well a…med and arrayed, that they might be ready to their power to defend the said town, upon summons of the Guardians thereof▪ that no perill might happen thereunto, Num. 19. That two Pinaces, one of Melbroke, and the other belonging to Roger Norman…, should be assigned to remaine in the port of Southampton, at the appoi…tment of the said Mr. Richard, for the safety the…eof. Num. 20. All the Burgesses and Sea-men of the Town which had departed thence, were ordered to goe and abide therein … the defence thereof, and of their owne possessions; and in case they refu…ed, that their Lands and Possessions should be seized into the Kings hands, and the profits of their Lands which should be found elsewhere. Num. 21. That a Commission should be made to Stephen Butterly, and William Weston, Serjeants at Armes, to take Timber, Bords, and other things necessary for the safety of the said Towne at certaine prises, upon endenture made between them and the owners of the said goods; and that the King should pay, or give them other satisfaction. Num. 22. 23. That all the Armes, Engines, Ammunition, Iron and Lead in the said Towne, should be delivered to the Gardian of it by Indenture; who should have the same power in all things within that Towne, as the Earle of Warwicke had, when he was Governour. Num. 24. That the Sheriffe should have a Writ of attendance, to be attendant on the said Mr. Richard, with Victuals, and all other things necessary for the safegard of the said Towne. Num. 25. 26. 27. Certaine Merchants are appointed and take upon them to the Parliament, to buy great proportions of Corne, Peas, Oates, Hay, and other provi…ions, (the quantities whereof are particularly expressed) at certaine rates, to victuall Barwicke, the Castles of Edenburg, and Strivelyn, (which Castles Mr. Thomas Rokeby, Guardian thereof, promised to keep till Saint Iohns day then next to come, upon condition to receive his wages formerly due, out of the first moneys granted to the King in this Parliament,) by a certaine day; provided they shall carry no victuals to the enemies of the King and Realme, and that they should be payd out of the first moneys arising out of the ayde granted to the King. Num. 28. 29. The inhabitants of the …sle of Wight were respited of the ayd granted to the King, according as their good carriage should be during the war; and it was agreed in Parliament, that no Commandement nor Ordnance, or license granted under the great or privy Seale, to any of the said inhabitants bound to defend the said Isle, should licence any to absent himself from it during the war, unlesse it were for feare of disinheriting or other great necessity: with which the Councell should be acquainted, or upon in quests. Num. 30. 31. Provides, that the Castle of Caresbr… in the Ile of Weight should be furnished with a certa…ne proportion of Wine▪ Corn, Peas, O…ts, Hey, Coles▪ Iron, Salt; and that a Commission should be granted to Robert Vandalym Sheriffe of Southampton, and to William of Kekenwich joyntly and severally, to purvey and deliver the same provisions over by Indenture, to the Constable of that Castle; and a Writ directed to the Kings Botteller, to deliver the Wines assigned (to wit ten Tonne) out of the Wines then in, or which should first come into his hands. Num. 32. Mr. Thomas Ferrers undertakes to the Parliament, to send without delay a sufficient man to the Castle of Iernsey, to survey she defaults and state of the said Castle, to certifie the Councell fully of them; and in the meane time to finde the wages p. 6of those remaining there in garrison, to the summe of an hundred pounds; and a Writ is directed to the Sheriffe of Southampton, to furnish the said Thomas with a convenient quantity of Powder, and Iron, and other necessaries for the defence of that Castle. And because Thomas Peyne, one of the Jurates of that Isle was gone to the enemies, contrary to a defence made, that a Writ should issue to the Bayliffs and Jurates of the same Isle to choose another sufficient man in his place, and to seize his Lands, goods, and Chattels into the Kings hands, and answer the meesne profits of them. Num. 34. dorso. There is an exact Array or List of all the Captaines and men at Armes, and archers under their severall commands for defence of the borders of Scotland, amounting in all to 4715. Num. 35. Those of the Counties of Nottingham, Derby, Yorke, were to goe to Newcastle upon Tine, at the Countries charges, and then to receive the Kings wages: and those of Westmerland, Cumberland and Lancashire, to marth to Carlile at the Counties charges, and then to receive the Kings wages; and that the Commanders, great men, and all the host when they assembled sh…uld lie and travell in the Land of Scotland, and not in the Marches of England. Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill, and Merchants are ordered to returne moneys for the exploit, and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes. Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke, the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke, and to certifie the Lords within a short time, how many men at Armes and Archers would suffice to guard it, and whether he would accept of the charge or not; and if not, they would provide another. Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties, and to conduct them towards Newcastle. Num. 46. It is accorded and assented, that Writs shall be made to the arrayers of the Men of Armes, Hoblers, and Archers, in the Country of Oxford, for the guarding of the Sea, for the Prior and Canons of Burnacester, to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth; and also for the payment of certaine moneys for this cause, untill they have other command from the King; by reason that the Prelates and other great men in the Parliament are informed, that all the possessions of their house will hardly suffice for their sustenance, and that they cannot finde such charge without very great oppression of them and their house.

Loe here in these two Parliaments (the Rols whereof I have recited more largely, because rare and memorable) all businesses concerning the Warres, Militia and Array both by Land and Sea, were particularly consulted of, ordered, and determined in and by the Parliament onelyonly; in a farre more ample manner then this present Parliament at first petitioned, desired they should have been ordered and setled now.

In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies. Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwick…. Num. 53. 54. 55. &c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others, for defence of the Kingdome.

In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to p. 7the Lord Percy and others, to appoint able persons for defence of the Marches of the East-riding.

In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne, Ireland, the Seigniory of Artoyes, and the Marches of Scotland are in perill to be lost through default of good Officers, the Commons petition, that it would please the Lords to ordaine good and sufficient ministers, which may be sent to governe in the same Lands in the most hasty manner that may be, by reason of the great need that requires it. And that all the chiefe guardians of the Ports and Castles upon the Sea, as Dover, Bannburgh, Carlile, and other Marches, may be put in the forme aforesaid: And that these Guardians of the Castles and keyes of the Realme may be sufficient men, who may forfeit their inheritance if any mischiefe shall happen by reason of them, which God forbid. And that in all other, sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme. To which the King answers. The King willeth it, and will doe that which shall belong to him by the advise of the Lords of His continuall Councell.

In 2 R. 2. Rot. Parliament. Num. 37. the Admiralty is disposed of by the Parliament: and Num. 39. a Schedule of Orders for the defence of the North sea, is confirmed by the Parliament.

In the Parliament of 7 & 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals, to guard the Seas.

In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate, how the enemies of France, with great Armies, and many Vessels of warre have been continually, and yet are in the Northerne parts, and namely about the coasts of Scarburrough, which Towne is dangerously seated upon the Sea, open to the assaults of the said enemies, and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies, and yet were destroyed and carried prisoners into Boloigne and other places, where they were yet kept prisoners, and that the Towne was upon the point to be burned and destroyed, and all the coast about it in short time, if hasty remedy were not provided. That therefore it would please the King and his most sage Councell, considering the great dammages and perils the said Towne and coasts about it had sustained, and were yet apparently like to sustaine, to ordaine and assigne certaine Vessels of warre upon the said coasts, to guard them against the malice and power of the said enemies; and that during the warres, for saving of the said Towne, and the Kings Castle there situate, and all the Country about i…. The Answer is: This matter is in part touched by the Merchants of the said coast which are at this Parliament, and by their advise and others who are to passe their Merchandize in these Marches by Sea, remedy hath beene ordained in such sort as the Earle of Northumber land and the Major of London, who were assigned in Parliament to treat of this businesse know more fully to declare.

In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords, that if the King would grant him the quindisme and disme of the Laity and Clergy; and the 6 pound and 2 shillings on the Tonne of Wine, lately granted to the King for the safeguard of the Sea; that he would within 20 daies after the receipt of the last payment, transport into France 3000 Archers well armed and mounted for the ayd of Gaunt; and would defray all the charges p. 8of shipping them: And that if he might have the attendance of the West-Admirall, he would finde on the Sea for the safeguard of it, betweene this and Michaelmas next, ten great ships, and ten B…rges armed; in which besides Marriners necessary, he would finde at least 500 fighting men for the said terme.

In the Parliament of 15 R. 3. Num. 15. It is to be remembred, that the Commons said in full Parliament, that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France, that they thought it expedient and necessary, if it should please the King, that Mounseur de Guyen, because he is the most suffi…ient person of the realme shall goe to the same T…eaty. And the King said, that he liked it well, if it pleased the said Lord de Guy…n: and thereupon Mounseur de Guyen said, that he would with a very good will travell and doe any thing which might turne to the honour and profit of the King, and of his realme.

In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the c…stody of the Town and Castle of Calice, the Towne of Risbanke, the Castles of Hamures, Marke, Oye, Stangate, Bavelingham, and of the Castle and Dominion of Guynes in Picardy, to be made to Humfrey D…ke of Glocester his unkle, in the presence of the Lords spirituall and temporall then being in the present Parliament, was on the 29 day of October read before them: which being understood, and ma…ure deliberation taken thereupon, the severall reasons of the said Lord being heard, it was at last by their assent and consent agreed and ordered, that the said Duke should have the custody of the said Towne, Castles, and premises, to the end of nine yeeres then next ensuing, which Charter was subscribed by all the Lords there present.

In the Parliament of 31 H. 6. Num. 41. procustodia Maris, it was enacted: For as much as the King, considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea, and others His Subjects using the Trade of Merchandises, have been oftentimes grievously imprisoned, distressed, put to great sufferances and ransomes; and their Ships, Vessels, and Merchandises of great value taken upon the Sea by his enemies; and also Merchant strangers, being under his leageance, amity, safegard, or safe conduct upon the Sea, have been robbed and spoyled, against the forme and contents of such truces, and safe conducts signed; His Highnesse willing and intending sufficiently to provi…e for the remedy of such inconveniences▪ and to eschew and avoyd all such … and dispoylers, HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament ass…mbled, de…i…ed certaine great Lords of this re…lme, that is to say, Richard Earle of Salisbury, Iohn Earle of Shrewsbury, Iohn Earle of Worcester, Iames Earle of Wiltshire, and Iohn Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of warre, to intend with all diligence to their possibility the safeguard and keeping of the Sea. For which cause the subsidies of Tonnage and Poundage granted to the King for his naturall life this Parliament, that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL, AND COMMONS IN THIS PARLIAMENT ASSEMBLED, AND BY AUTHORITY OF THE SAME, were granted to the said Earles and Lord Sturton, and the survivers of them for three whole yeeres; with power for them to appoint Collectors p. 9to receive and collect them in every Port, without rendering, any account; so as they kept the covenants and endentures made between the King and them for the safegard of the Seas; with a proviso, that this Act during the three yeeres should not: be prejudiciall to the custome of the Towne or Castle of Calice or Rishbanke, for the payment of the wages and arreares of the Souldiers there. And over that, if the goods of any of the Kings liege-people, or any of his friends, be found in any Vessell of the Kings enemies without any safe conduct, that then the said Earles and the Lord Sturton shall take and depart it among them and their retinue without any impeachment, according to the Statute thereupon made.

In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament, in these words: For as much as the Earles of Salisbury, Shrewsbury, and Worcester, and the Lord Sturton besought the Kings Highnesse in this present Parliament, that it might like his Highnes and Excellency of his Noble grace to have them clearely discharged of the keeping of the Sea, the King therefore and for other causes moving his Highnesse, BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of Iuly, the 23 day of the same Parliament, admitted their desire, and would that the said Earles and Lord Sturton, or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding, and ended at Westminster, be … the 30 day of July fully discharged of the keeping of the same, and that IT SHOULD BEENA CTED OF RECORD.

In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL, AND COMMONS IN THIS PARLIAMENT ASSEMBLED, AND BY AUTHORITY THEREOF, ordained and established, that his dearest cosin Richard Duke of Yorke rightfull heire to the Countries of England and France, and of the Lordship and Land of Ireland, have and take upon him the power and labour to ride into the parts of England, and Wales, where great rebellions, murders, riots, spoylings, executions, and oppressions be used, committed and attempted, to represse, subdue, and appease them. And also to resist the enemies of France and Scotland within the realme. And further granted, ordained, and established by the said advice and authority, that every Sheriffe, with the power and might of his Sheriwicke, and every Major, Bailiffe, Officer, Minister, and Subject of the said realme of England and of Wales, shall attend upon his said cousin for the said intent, as the case shall require; and to the same intent be ready at the command of his said cousin; and the same obey and performe, in like case as they ought to doe at his commandement after the course of the Lawes of England, and in Wales after the custom…s there, &c.

And to cite no more presidents in so cleare a case: in the Parliament of 21 Iacobi ch. 33. The Temporalty having granted three intire Subsidies, and three Fifteenes and tenths, to King Iames, towards the maintenance of the warres that might then suddenly insue upon the breach with Spaine, and more particularly for the defence of the realme of England, the securing of Ireland, the assurance of the states of the united Provinces, with the Kings friends and allies; and for the set…ing forth of the Navy-royall: did by that Act, for the better disbursing of the said … and mannaging that warre according to the Parliaments true intention, by that very p. 10Act wherein they gave the Subsidies, did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys; and appointed ten Lords and Knights (particularly named in the Act) to be of the Kinge Councell for the warre; by whose warrant (under five of their hands at least) all the moneys they granted were to be issued and exported, for and towards the uses expressed in the Act to such person or persons as the said Councell of warre should direct: and that both those Treasurers, and this Councell of war…e, and all other persons trusted with the receiving, issuing, bestowing and imploying of those moneys or any part thereof, their heires, executors and administrators, should be answerable and accomptable for their doings and proceedings therein to the Commons in Parliament, when they shall be thereunto required by Warrant under the hand of the Speaker of the House of Commons for the time being; and thereby they and every of them according to their severall places and imployments shall give a true and ready declaration and account of their severall respective dealings, doings and proceeding therein; and that the said Commons in Parliament shall have power by this Act, to heare and determine the said account, and all things thereto appertaining; And withall they in this Act prescribe a specialloath to the Treasurers, Not to issue out any moneys without the Warrant of the Councell of war under their hands. And another oath to the Councell of warre, To make no Warrant for any moneys issued, which are given by this Act, but for some of those ends which are expressed therein, and that to the best of their meanes they should imploy the said moneys accordingly; and that freely without requiring any reward or allowance whatsoever.

Which presidents with others forementioned, made His Majesty return this **An exact collection of all Remonstrances, &c. p. 66, 67.Answer to the Petition of the Lords and Commons touching the Articles delivered February 2. 1641. For the securing you from all dangers or jealousies of any; His Majesty will be content to put in all the places both of FORTS and MILITIA, in the severall Counties, such persons as both Houses of Parliament shall either approve or recommend unto Him; so that you declare before unto His Majesty the names of the persons whom you approve or recommend; unlesse such persons shall be named against whom He shall have just and unquestionable exception. And thus much by way of supplement touching the Militia.

Concerning the Parliaments interest and right in electing and removing the Officers of the realme, and the Kings meniall servants, I shall onelyonly adde these Precedents to the**Part. 1. p. 89, 90. part, 2. p. 41. to 74. forementioned.

In the Parliament rolls …4 E. 3. N…m. 1. Foure Bishops, foure Earles, and foure Barons were assigned to the King, without whose consent, or of foure of them, no great businesse was to be transacted.

14 E. 3. Num. 36. in the Parliament rolls, The Parliament agreeth, that the Duke of Cornwall be Custos of England during the Kings absence in the warres of France.

In the Parliament rolls of 1 R. 2. Num. 18. & 19. The Commons requested first, that it would please the King to ordaine, and nominate to them now in this present Parliament, some sufficient persons of divers estates to be continually resident of his counsell for the affaires of the King and of the realme, and to have the Officers of the King of such persons who best knew, and would and might most diligently travell for the redresse of the foresaid mischiefes, and the good government and salvation of the realme, so that the Commons may be clearely ascertained of the names of those Counsellors which shall be disbursers and p. 11orderers of that which they shall grant for the warres, and thereby to have greater encouragement to doe to our Lord the King that which they have in charge concerning him, as is aforesaid. Also that it would please them to ordaine and nominate in this Parliament the persons which shall be about (or have the custody) of the person of our Lord the King himselfe, who is of such tender age, and that those persons shall be of the most vertuous, honestest, and sufficientest of the Realm; so that our said Lord, who is a person sacred and anointed, be nobly governed, and brought up in good vertues and manners to the pleasure of God, whereby all the Realme may be secured and amended; and that it be likewise or…dained, that our Lord the King and …is house be governed with good moderation, and defray his expences onelyonly out of the revenues of the Realme, and other rights and seigniories of his Crowne. And that all that which shall be granted to our Lord the King in maintenance of his wars, shall be applied and expended in the warres, and no part thereof otherwise, in aid and discharge of his said commonaltie.

In the Parliament of 11. Richard 2. Num. 23. The Commons pray, That no person, of what state or condition he be, should meddle with any manner of governance about the person of our Lord the King, nor with the businesses of the Realm, nor yet to councell our Lord the King, but those Lords which are assigned and ordained in this present Parliament, if it be not by ordinance of the continuall Councell, and by assent of our Lord the King, upon grievous paine. And the same Lords, which shall bee about the person of our Lord the King and of his Councell, shall cause to remove all the persons which they think sit to remove in the houshold of our Lord the King, without shewing favour to any, and to put others in their places, whom they shall think sufficient and vertuous. And that the said Lords of the Councell be charged to keep and sustain the estate of our Lord the King in 'its regalty, and to doe and use that which may turne to the honour and profit of our Lord the King and of his Realme to their power, according to the form of the O…h contained in a Schedule made in this present Parliament annexed hereunto; to the intent that it may be notoriously known thorowout all the Realme, that good and sufficient Councell is about the person of our Lord the King, to the comfort of all his Commons, and firme assurance and establishme…t of the Realme aforesaid; the which Oath was made in forme ensuing. You shall swear, That you will not assent, nor yet suffer, as much as in you lieth, That any Judgement, …, or Ordinance made or given in this present Parliament be any way annulled, reversed, or repealed in any time to come; and moreover, That you shall keep the good Laws and usages of the Realme afore these times made and used; and shall firmely keep, and cause to be kept, good peace, quiet, and tranquillity in the Realm …according to your power, without disturbing them in any manner. So helpe me God and his Saints. The Answer. As to the first point of this Article, the King wil… it: And as to the second point, If there be any Lord of the Councell, or other Lord of the Realme, which will informe the King, That he hath any person about him not sufficient, nor honest, he wils, that it being proved, he shall be outed and removed, and another sufficient, by his advice, put in his place.

In the Parliament of 5. Henry 4. Num. 16. Upon certain prayers and requests p. 12made before by the Commons, divers times touching the removing of divers persons, as well aliens and others, by reason of divers destructions by them moved, and for certaine Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament, and by the said Lords it was specially accorded, That four persons, to wit, the Kings Confessor, the Abbot of Done, Master Richard Derham, and Crosseby of the Chamber, shall be quite ousted and voided out of the Kings house; whereupon the ninth of February, the said Confessor, Master Richard, and Crosseby came before the King and Lords in Parliament, and there the King in excusing the said four persons said openly, that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold; notwithstanding our said Lord the King well considered, that what the said Lords and Commons shall do or ordaine,Nota. was for the good of him and of his Realme, and therefore he would conforme himselfe to their intentions, and did well agree to the said Ordinance, which charged the said Confessor, Master Richard, and Crosseby to avoid his said Court, and like charge should have beene given to the said Abbot, had he been present. And our Lord the King said further, That he would doe the like with any other which was about his royall Person, if he was in hatred or indignation with his people. And Numb. 37. To the end that good and just government and remedy may bee made of divers complaints, grievances, and mischiefs shewed to our Lord the King in this Parliament; our Lord the King, to the honour of God, and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm, for the ease and comfort of all his Realme, hath ordained certain Lords and others underwritten to be of his great and continuall Councell, to wit, the Archbishop of Canterbury, the Bishop of Lincolne Chancellour of England, the Bishops of Rochester, Winchester, Bath, and Ba…gor, the Duke of Yorke, the Earles of Sommerset and Westmerland, the Lord Roos Treasurer of England, the Keeper of the Great Seale, the Lord Berkley, the Lord Willoughby, the Lord Furnevall, the Lord Lovell, Mounsier Pierce Courtney, Master Hugh Waterton, Master Iohn Cheyne, Master Arnald Savage, Iohn Northbury, Iohn Doreward, Iohn Cawsou.

In the Parliament of 7. & 8. Henry 4. Numb. 31. The 22. day of May, the Commons came before the King and his Lords in Parliament, and then Iohn Tibetot, their Speaker, reheased, how they had prayed the King in the beginning of the Parliament, and after, to increase the number of his Councell for the better government of the Realme, and prayed the King to put it in execution; and further rehearsed▪ how that the Archbishop of Canterbury had reported to them, That the King would be counselled by the most sage Lords of the Realme, the which ought to have the survey of all that which shall be done for the good government of this Realme, which thing the King agreed to doe and rehearsed with his own mouth, That it was his entire will. And thereupon a Bill made by the King himselfe, by his own will was delivered, containing the names of the Lords which shall be of his Councell, the tenour of which Bill ensueth. It is to bee remembred that our Lord the King, considering the great labours, occupations, and diligence which he ought necessarily to imploy about the good government of his Realme, and other his possessions, as well on this side the Sea as beyond it. First of all for the preservation of our Lord the King, and of his Crowne, and that the revenues of the p. 13same may be the better collected to his profit and increase, as much as a man may j…rly doe, to the end that he may the better sustaine his honourable estate. And secondly, for the confirmation of the Lawes and Statutes of the Realme, to the end that equall right may be done to every one, as well poor as rich; Our Lord the King, of his proper and good will, desirous to be supported in the foresaid causes, because that he cannot attend thereunto in proper person so much as he would, for the great love and good affiance which he hath among others, in the most reve…end Fathers in God, the Archbishop of Canterbury, the Bishops of Winchester and Excester, the Duke of Yorke, the Earle of Somerset, the Lord Roos, the Lord Burnet, the Lord Lovell, the Lord Willoughbie, the Chancellour, Treasurer, and Keeper of the privie Seale, the Steward and Chamberlaiue, Master Hugh Waterton, Master Iohn Cheyney, and Master Arnald Savage, hath chosen and charged them to be of his counsell, praying and commanding them, that in all the foresaid causes they will put to their intire diligences for the profit of our said Lord the King, and likewise for the confirmation of the Laws and Statutes aforesaid.

In the Parliament of 2. Henry 6. num. 15. After divers speciall requests of the Commons of the Realme, being in the present Parliament, made to my Lord of Glocester Commissary of the King, and to other Lords Spirituall and Temporall there, for to have notice and conusance of the persons assigned and elected to be of the Kings Councell, to their great ease and consolation. By advice and assent of all the Lords Spirituall and Temporall aforesaid, were elected and named certaine persons, as well spirituall and temporall, to be Councellours assistant to the governance of the Realm, whose names here ensue; The Duke of Glocester, the Archbishop of Canterbury, the Bishops of London, Winchester, Norwich, Worce…er, the Chancellour, Treasurer, and Keeper of the privie Seale, the Duke of Excester, the Earle of March, the Earle of Warwick, the Earle Marshall, the Earle of Northumberl…nd, the Earle of Westmerland, the Lord Cromwell, the Lord Fitz H…gh, the Lord Bourchier, the Lord Scroop, Master Walter Hungerford, Master John Tiptoff, …homas Chaucer, William Allington.

In the Parliament of 29. Henry 6. num. 6. VponUpon the Petition of the Commons against divers Lords, Bishops, Knights, Esquires, and others, to the number of 29. who mis-behaved themselves about the royall Person of the King, and in other places, by whose only meanes it was suggested, the Kings possessions had been greatly diminished, his Laws not executed, the peace of the Realm not observed, to the great hurt and trouble of the liege people of the Realm, and likely subversion of the same, of which misbehaviour, universall noise and clamour was openly received thorowout all the Realme, upon the same persons specified in the Petition; all of them, except the Lords and some few others, without further evidence against them, were by the King now removed from his presence and Court for a whole yeeres space, within which time any man that could and would object against any of them▪ should be patiently heard and intended to.

Those few fresh Presidents added to the precedent, and to such forraign examples of this nature cited in the Appendix, will abundantly cleare the Parliaments right and Kingdoms interest in nominating, placing, and displacing the great Officers of the Kingdom▪ and in regulating the Kings own meniall servants in some cases, when they either corrupt or mis-counsell him. And thus much touching the unhappy differences between the King and Parliament, concerning matters of his own royall Prerogative.