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To the Kings most excellent MAIESTIE.
HUmbly shew unto our Sovereign Lord the king, the Lords Spiri∣ual and Temporal and Com∣tmons in Parliament assem∣bled,
that whereas it is declared and enacted by a Statute made in the time of the reign of king Edward the first, commonly called, Statutum de Tallagio non concedendo, That no Tallage or Aid shall bee laid or levied by the king, or his Heirs in this Realm, without the good will and assent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other the Freemen of the Commonaltie of this Realm. And by Autoritie of Parlia∣ment holden in the five and twentieth year of the reign of King Edward the third, it is declared and enacted, That from benceforth no person should bee compelled to make anie Loans to the King against his will, becaus such Loans were a∣gainst
reason, and the Fran∣chise of the Land. And by o∣ther Lawes of this Realm it is provided, that none should bee charged by anie charge or Imposition, called a Benevo∣lence, nor by such like Charge, by which the Statutes before mentioned, and other the good Laws and Statutes of this Realm, your Subjects have have inherited this Fráedom; That they should not bee com∣pelled to contribute to ante Tax, Tallage, Aid, or other like Charge, not set by com∣mon consent in Parliament.
Yet nevertheless of late, divers Commissions directed to sundrie Commissioners in several Counties, with instru∣ctions, have issued; by means your people have been in di∣vers
places assembled, and re∣quired to lend certain sums of money unto your Majestie, and manie of them upon their refusal so to do, have had an Oath administred unto them, not warrantable by the Laws or Statutes of this Realm, and have been constrained to be∣com bound to make appear∣ance, and give attendance be∣fore your Privie Councel, and in other places; and others of them have been therefore im∣prisoned, confined, and sun∣drie other waies molested and disquieted. And divers other charges have been laid and le∣vied upon your people inseve∣ral Counties, by Lord Liev∣tenants, Deputic-Wievte∣nants, Commissioners for Musters, Iustices of Peace,
And others by Command and Direction from your Majestie, or your Privie-Councel, a∣gainst the Laws and tree Cu∣stoms of the Realm.
And where also by the Sta∣tute called, The great Charter of the Liberties of England, It is declared and enacted, That no Freeman may bee taken or imprisoned, or bee disseised of his Free-hold, or Liverties, or his free Customs, or bee outlawed, or exiled, or in anie manner destroyed, but by the lawful Iudgment of his Peers, or by the Law of the Land.
And in the eight and twentieth yeer of the reign of king Ed∣ward the third, it was declared and enacted by autoritie of Parliament, that no man of
what estate or condition that hee bee, should bee put out of Land or Tenements, nor ta∣ken nor imprisoned, nor dis-herited, nor put to death with∣out being brought to answer by due Process of Law.
Nevertheless against the te∣nor of the said Statutes, and other the good Laws and Sta∣tutes of your Realm, to that end provided, divers of your Subjects have of late been im∣prisoned without ante caus shewed: and when for their de∣liverance they were brought before your Iustices by your Majesties Writs of Habeas corpus, there to undergo and receiv as the Court should or∣der, and their Keepers com∣manded to certifie the causes of their detainer, no caus was cer∣tified,
but that they were de∣teined by your Majesties spe∣cial command, signified by the Lords of your Privie-Coun∣cel, and yet were returned back to several prisons, without be∣ing charged with ante thing to which they might make auswer according to the Law.
And whereas of late great Companies of Souldiers and Mariners, have been dispersed into divers Counties of the Realm, & ye inhavitants, against their wils, have been com∣pelled to receive them into their houses, and there to suffer them to sojourn against the Laws and Customs of this Realm, and to the great grie∣vance and vexation of the peo∣ple.
And whereas also by auto∣ritie
of Parliament, in the five and twentieth year of the Reign of King Edward the third, it is declared and enacted, that no man should bee fore∣judged of life or limb against the form of the Great Charter, and the law of the Land: and by the said Great Charter and other the Laws and Sta∣tutes of this your Realm, no man ought to bee adjudged to death, but by the Laws esta∣blished in this your Realm, ei∣ther by the customs of the same Realm, or by Acts of Parlia∣ment; And whereas no of∣fender, of what kinde soever, is exempted from the proceed∣ings to bee used, and punish∣ments to bee inflicted by the Laws & Statues of this your Realm: Nevertheless, of late time divers Commissions under your Majesties great
Seal have issued forth, by which certain persons have been as∣signed and appointed Commis∣sioners with power and unto∣ritie to proceed within the land, according to the Iustice of Martiall Law, against such Souldiers or Mariners or o∣ther dissolute persons jeyning with them, as should commit anie murther, robberie, felo∣nie, mutinie, or other outrage, or misdemeanor whatsoever, and by such summarie cours and order, as is agreeable to Mar∣tial Law, and as is used in Armies in time of War, to Proceed to the tryal and con∣demnation of such offenders, and them to caus to bee execut∣ed and put to death according to the Law Martial.
By pretext whereof som of
your Majesties Subjects have been by som of the said Com∣missioners put to death, when and where, if by the Laws and Statutes of the land they had deserved death, by the same Laws and Statutes also they might, and by no other ought to have been judged and exe∣cuted.
And also sundrie grievous offenders by color thereof, claming an exemption, have escaped the punishments due to them by the Laws and Sta∣tutes of this your Realm, by reason that divers of your Of ficers and ministers of Iustice have unjustly refused, or for∣born to proceed against such of∣fendors, according to the same Laws and Statutes, upon pretence that the said offenders
were punishable only by Mar∣tial law, and by autoritie of such Commissions as afore∣said. Which Commissions, and all other of like nature are wholly and directly contrarie to the said Laws and Statutes of this your Realm.
They do therefore humbly pray your most excellent Ma∣jestie that no man hereafter bee compelled to make or yield anie Gist, Loan, Benevolence, Tax, or such like Charge, without common consent by Act of Parliament. And that none bee called to make answer, or take such Oath, or to give attendance, or bee con∣fined, or otherwise molested, or disquieted, concerning the same, or for refusal thereof. And that no Freeman, in anie
such manuer as is before men∣tioned, bee imprisoned or de∣tained. And that your Maje∣stie would bee pleased to re∣move the said Souldiers and Mariners, and that your peo∣ple may not bee so burthened in time to com. And that the foresaid Commissions for proceeding by Martial Law, may bee revoked and annulled. And that bereaster no Com∣misions of like nature may issue forth to ante person or per∣sons whatsoever, to bee exe∣cuted, as aforesaid, lest by co∣lor of them ante of your Ma∣jesties Subjects bee destroyed, or put to death, contrarie to the Laws and franchise of the Land.
All which they most humbly pray, of your most Excellent
Majestie, as their Rights and Liberties, according to the Laws and Statutes of this Realm. And that your Ma∣jestie would also vouchsafe to declare that the Awards, do∣ings, and proceedings, to the prejudice of your people, in a∣nie of the premisses, shall not bee drawn hereafter into con∣sequence or example. And that your Majestie would bee also graciously pleased. for the further comsort and saretie of your people, to declare your Royall will and pleasure, That in the things aforesaid, all your Officers and Mini∣sters shall serv you, according to the Laws and Statutes of this Realm, as they tender the Honor of your Majestie, and the prosperitie of this King∣dom.
THe King willeth, that Right bee don, according to the Laws and Customs of the Realm; And, that the Sta∣tutes bee put in due Execu∣tion, that His Subjects may have no caus to com∣plain of anie wrong, or oppressions, contrarie to
their just Rights and Li∣berties: To the preserva∣tion whereof, Hee hold's Himself in conscience as∣wel obliged, as of his Pre∣rogative.
But this Answer not giving satisfaction, the King was again petitioned unto, that hee would give a full and satisfactorie Answer to their Petition in full Par∣liament.
My Lords and Gentlemen!
THe answer I have alreadie given you, was made with so good deliberation, and approved by the Judg∣ments of so manie wise men, that I could not have ima∣gined, but that it should have given you full satisfaction; but to avoid all ambigu∣guous
interpretations, and to shew you that there is no dou∣bleness in my meaning, I am willing to pleas you in words, as well as in substance; Read your Petition, and you shall have an answer, that I am sure will pleas you.
And then causing the Petition to bee distinct∣ly read by the Clerk of the Crown, The Clerk of the Parliament read the Kings Answer there∣to in these words,* 2.1
Soit droit fait come est desire.
THis I am sure is ful; yet no more then I granted you in my first Answer; for the meaning of that was, to confirm all your Liberties: Knowing, according to your own Protestations, that you neither mean, nor can hurt my Prerogative: And I assure you, my Maxime is, That the People's Libertie strengthen's the Kings Prerogative, and
that the Kings Prerogative, is to defend the people's Li∣berties.
Yee see now, how readie I have shewed my self to satisfie your Demauds, so that I have don my part; Wherefore if this Parliament have not a happie Conclusion, the sin. is yours, I am free of it.
His MAIESTIES Speech to both Houses, Before His Roiall as∣sent to the Bills, was this.
My Lords and Gentlemen!
IT may seem strange that I com so sud∣denly to end this Session: therefore before I give my assent to the Bills, I will tell you the Caus,
though I must avow that I own an account of my Actions to none but God alone. It is known to everie one, that a while ago the Hous of Com∣mons gave mee a Remon∣strance; how acceptable eve∣rie man may judg; and for the merit of it, I will not call that in question, for I am sure no wise man can justifie it. Now since I am certainly informed that a second Re∣monstrance is preparing for mee, to take away my profit of Tonnage and Poundage (one of the chiefest maintenances of the Crown) by alledging that I have given away my right thereof, by my Answer to your Petition.
There is so prejudicial unto mee, that I am forced to end this Session som few hours be∣fore I meant it, beeing willing not to receiv anie more Re∣monstrances, to which I must give a harsh answer.
and since I see that even the Hous of Commons begin's alreadie to make fals Con∣structions of what I granted in your Petition, lest it bee worsinterpreted in the coun∣trey, I will now make a De∣claration concerning the true intent thereof.
There Profession of both Houses, in the time of ham∣mering this Petition, was as waies to trench upon my Pre∣rogative,
saying, They had neither intention nor power to hurt it. Therefore it must needs bee conceived, that I have grant∣ed no new, but only confirm∣ed the ancient Liberties of my Subjects: Yet to shew the clear∣ness of my intentions, that I neither repent, nor mean to recede from any thing I have promised you, I do here de∣clare, That those things which have been don, whereby men had som caus to suspect the Li∣bertie of the Subjects to bee trench't upon (which indeed was the first and true ground of the Petition) shall not here∣after bee drawn into Example
for your prejudice: And in time to com (in the word of a King) you shall not have the like caus to complain. But as for Tonnage and Poundage, it is a thing I can∣not want, and was never in∣tended by you to ask, never meant (I am sure) by mee to grant.
To conclude, I command you all that are here, to take notice of what I have spoken at this time, to bee the true in∣tent and meaning of what I granted you in your Petition: But especially you, my Lords, the Judges, for to you onely, under mee, belong's the inter∣pretation of Laws; for none
of the Houses of Parliament, joynt or separate, (what new doctrine soever may be raised) have any power, either to make or declare a Law without my consent.
BEE it declared and en∣acted by the Kings most Excellent Majestie, and the Lords and Commons in this present. Parliament assembled,
and by the autoritie of the same, That the said Charge imposed upon the Subject for the providing and furnishing of Ships, commonly called Ship-monie, and the saidex-trajudicial opinion of the said Justices and Barons, and the said Writs and everie of them, and the said agreement or opi∣nion of the greater part of the said Justices and Barons, and the said Judgement given a∣gainst John Hampden, were and are contrarie to and a∣gainst the Laws and Statutes of this Realv, the Right of Propertie, the libertie of the Subjects former Resolutions in Parliament, and the Petition
of Right made in the third year of the Reign of his Ma∣jestie, that now is. And it is further declared, and enacted by the Autoritie aforesaid, That all and everie the Par∣ticulars praied or desired in the said Petition of Right, shal from henceforth bee put in Execution accordingly, and shal bee firmly and strictly holden and observed, as in the some Petition they are praied and expressed.
Observ that the greater part of Justices and Barons, used to direct Writs and A∣greements, and give their O∣pinions and Judgements con∣trarie
to and against the Laws and Statutes of this Realm, the Right of Propertie, & the libertie of the Subjects. And why therefore suffered longer so to do? and their unanimous animals sit in Parliament to make Laws by their advice to their own ends, and publick mischiefs?
Let Right bee don as is de∣sired.
June 26. 1628.