Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
of their own nomination for each county. The bill above mentioned
having been once read, it was moved that it be rejected, which was
negatived by 158 to 125. Commons' Journals, 7th Dec. Nalson, ii. 719,
has made a mistake about these numbers. The bill, however, was laid
aside, a new plan having been devised. It was ordered (31st Dec. 1641)
"that the house be resolved into a committee on Monday next (Jan. 3),
to take into consideration the militia of the kingdom." That Monday
(Jan. 3) was the famous day of the king's message about the five
members; and on Jan. 13 a declaration for putting the kingdom in a
state of defence passed the Commons, by which "all officers,
magistrates, etc., were enjoined to take care that no soldiers be
raised, nor any castles or arms given up, _without his majesty's
pleasure, signified by both houses of parliament_." Commons' Journals;
_Parl. Hist._ 1035. The Lords at the time refused to concur in this
declaration, which was afterwards changed into the ordinance for the
militia; but 32 peers signed a protest (_Id._ 1049), and the house not
many days afterwards came to an opposite vote, joining with the
Commons in their demand of the militia. _Id._ 1072, 1091.
[213] Rymer, sub Edw. I. et II. _passim_. Thus, in 1297, a writ to the
sheriff of Yorkshire directs him to make known to all, qui habent 20
libratas terræ et reditus per annum, tam illis qui non tenent de nobis
in capite quam illis qui tenent, ut de equis et armis sibi provideant
et se probarent indilatè; ita quod sint prompti et parati ad veniendum
ad nos et eundum cum propriâ personâ nostrâ, pro defensione ipsorum et
totius regni nostri prædicti quandocunque pro ipsis duxerimus
demandandum. ii. 864.
[214] Stat. 1 Edw. III. c. 5.
[215] 25 Edw. III. c. 8. 4 H. IV. c. 13.
[216] 4 and 5 Philip and Mary, c. 3. The Harleian manuscripts are the
best authority for the practice of pressing soldiers to serve in
Ireland or elsewhere, and are full of instances. The Mouldys and
Bullcalfs were in frequent requisition. See vols. 309, 1926, 2219, and
others. Thanks to Humphrey Wanley's diligence, the analysis of these
papers in the catalogue will save the enquirer the trouble of reading,
or the mortification of finding he cannot read, the terrible scrawl in
which they are generally written.
[217] Wilkins's _Leges Anglo-Saxonicæ_, p. 333; Lyttleton's _Henry
II._, iii. 354.
[218] Stat. 13 E. I.
[219] 5 Philip and Mary, c. 2.
[220] 1 Jac. c. 25, § 46. An order of council, in Dec. 1638, that
every man having lands of inheritance to the clear yearly value of
£200 should be chargeable to furnish a light-horse man, every one of
£300 estate to furnish a lance, at the discretion of the lord
lieutenant, was unwarranted by any existing law, and must be reckoned
among the violent stretches of the prerogative at that time. Rushw.
Abr. ii. 500.
[221] Rymer, xix. 310.
[222] Grose's _Military Antiquities_, i. 150. The word artillery was
used in that age for the long-bow.
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