The Sovereign Power of Parliaments Part 4, Treatise · Part 1

The Sovereign Power of Parliaments Part 4 · Treatise · Part 1

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 …ege hoc ſanxit. li. 12 de Ll. Si qui… privatim ſine publico ſcito, pacem bellumve ſecerit, 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 warrs in thoſe parts without their privity. The ſame alſo (moſt Noble King) is received and obſerved not only in your Kingdomes and Dominions, 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, than 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 thier 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 Jewes, Arragon, France, Navarre, and others, (as I have manifeſted in the bbPage 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 this. 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 Wools, 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 Crockes 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 Country 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 Denby, and John 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 Cambaens 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 ſhould man thoſe to whom the ſmaller ſhips belonged, to bring them in to 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 Services, & 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 armed 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 Normand, ſhould be aſſigned to remaine in the port of Southampton, at the appointment of the ſaid Mr. Richard, for the ſafety thereof. Num. 20. All the Burgeſſes and Sea-men of the Town which had departed thence, were ordered to goe and abide therein for the defence thereof, and of their owne poſſeſſions; and in caſe they refuſed, 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 proviſions, (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 Iſle 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 Careſhroc in the Ile of Weight ſhould be furniſhed with a certaine proportion of Wine Corn, Peas, Oats, 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 the defaults and ſtate of the ſaid Caſtle, to certifie the Councell fully of them; and in the meane time to finde the wayes 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 meeſ…e 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 ſhould 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 County 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 Barwicke. 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 it. 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 Northumberland 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 Barges 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 ſufficient perſon of the realme, ſhall goe to the ſame Treaty. And the King ſaid, that he liked it well, if it pleaſed the ſaid Lord de Guyen: 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 cuſtody 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 Duke 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 mature 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. pro cuſtodia 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 provide for the remedy of ſuch inconveniences, and to eſchew and avoyd all ſuch robberies and diſpoylers, HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament aſſembled, deſired certaine great Lords of this realme, that is to ſay, Richard Earle of Salisbury, John Earle of Shrewſbury, John Earle of Worceſter, James 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 from the 30 day of July fully diſcharged of the keeping of the ſame, and that IT SHOULD BE ENACTED 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 cuſtomes 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 James, 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 ſetting forth of the Navy-royall: did by that Act, for the better disburſing of the ſaid ayd 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 Kings 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 warre, 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 ſpeciall oath 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. Num. 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. 11orders 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 if 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 ordained, that our Lord the King and his 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 fit 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 Oath 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 eſtabliſhment 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, Statute, 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 Realme 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 wils 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 D…ne, 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 ſhhall 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 Bangor, the Duke of Yorke, the Earles of Som merſet 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 Cawſon.

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 juſtly 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 revered 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 Chamberlaine, 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, Worceſter, 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 Northumberland, the Earle of Weſtmerland, the Lord Cromwell, the Lord Fitz-Hugh, the Lord Bourchier, the Lord Scroop, Master Walter Hungerford, Maſter John Tiptoff, Thomas Chaucer, William Allington.

In the Parliament of 29. Henry 6. num. 16. Ʋpon 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.

Theſe 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.