A DECLARATION OF THE CHRISTIAN-FREE-BORN Subjects of the once Flourishing Kingdom OF ENGLAND. MAKING Out the PRINCIPLES relating both to their Spiritual and Civil LIBERTIES, which they conceive they are bound both in Conscience and Honour, to vindicate and maintain with Sobriety and Courage, each one in his proper place and Sphere: against all USURPATION. To which is adjoined the Petition of Right, The Oath of Allegiance, The Oath of Supremacy, The Protestation, and the Solemn Vow and Covenant: by perusal of which, the Nation may see the necessity of repentance for Perjury, and amendment of errors. 1 COR. 9.1. Am I not A free man? Printed in the Year 1659. A DECLARATION OF The FREE-BORN Subjects of ENGLAND. BEing soberly and sadly sensible of the miseries at present incumbent, and in all likelihood more abundantly about to be heaped on, our wasted, distracted, confused Nation; We cannot but give the World to understand that there are those in it, that have remained sound in their principles, or at least have retrieved them, in a Wood and Wilderness of amusing disturbancts. Own we must by our own sad experience, that Mundane success doth not always wait upon the best Cause: and withall, that the best Causes in all probability may have the best success, if that the sins and miscarriages of those that have the management of them, do not retard or thrust away mercies. We cannot therefore but in humility aclowledge that our personal offences have mudded the fountain and current of blessings, both in orderly Church-Government and State-liberties. This we own with our hearts, and begging Gods mercy and forgiveness, do resolve to alter the course of our former conversations. But yet,( as hath been deserved by us) if God shall suffer us only to see in our hopes, and not to come to the desired Canaan of rest and settlement before we die, we cannot but leave as a Legacy to succeeding generations, this Manifesto. WE Declare then, that we are Christian-free-born-men, and venture to own that name, by being regenerate and born Members of Christ his Church, and of this Commonwealth. As we are Members of Christ's Church, we are faithfully to endeavour the vindication and maintenance of the honour and glory of God. We count all enemies to the honour of God, that are adversaries to his truth, and the power of godliness. We reckon all Atheists, Jews, Turks, and heretics, who pertinaciously deny the principles of our Religion, and Salvation by Jesus Christ, enemies to the truth of God. We deem and account the Principles of our Religion, and of Salvation by Jesus Christ, to be the true and saving evidence of the Spirit of God, held forth in his Word, and Summarily comprehended in the Apostles Creed, viz. I believe in God, &c. Our judgement as touching superstructure, and opinions in less weighty things, not clearly determined( to every mans apprehension) by the word of God, is, That in those things we are to be wise unto sobriety, and to indulge to every mans infirmity, and the measure of faith which is given them of God: humbly endeavouring, and waiting with fear and reverence, the farther revelations of his saving Spirit, which is never wanting in the necessary means of their Salvation by Jesus Christ. We repute and account all profane and loose livers, all Sacrilegious persons, schismatics and Hypocrites,( who all profess, but do not act according to the Spirit) adversaries to the power of godliness. We give the name of[ profane and loose livers] to all such that enslave their souls to the dominion of sin, and their members to the obedience of its filthy lusts. We intend by[ Sacrilegious persons] not only those that would purchase the gifts of the holy Ghost, but those also who unwarrantably, and not duly called, by being put apart by prayer and imposition of hands, do intrude into the ministry; and invade or withhold from their proper intentions, the rights and interests which God hath reserved, or our progenitors have consecrated to the honour and service of his holy Name. We do not count them[ schismatics] who out of a tender Conscience, do scruple some indifferencies either in Worship or Discipline established in the Church, as long as they do endeavour to preserve, with their Christian liberties, the unity of the Spirit in the bond of peace. This we account[ acting according to the Spirit]( not the sudden doing of any thing, which looks like Religion, which may be the delusive motion of an erring fancy) but endeavours to obey those precepts which enjoin the transforming ourselves into the image of Christ, by the renewing of our mindes, and to present our bodies a living sacrifice, holy and acceptable unto God, in our reasonable service, according to his will. We hold that God hath been pleased to reveal unto us his will, as we are men, by the light of Nature; as we are his servants, by Moses in the ten Commandments; as we are his adopted children, in the Evangelical precepts of an higher perfection. By the ten Commandments, we mean those recorded Exod. 20. viz. Thou shalt have no other gods before me, &c. By Evangelical precepts of an higher perfection, we mean all those duties of free love, mercy, meekness, humility, self-denial, taking up the across, and patience under it, &c. In all which our Saviour hath set us a copy to writ after in his exemplary life; and which are not enjoined us in the letter of the Law, but especially recommended to us, in the Gospel of our Salvation by Jesus Christ. The means by which we apprehended, that we are bound to vindicate and maintain the honour of God, against the adversaries of his truth, and the power of godliness, are soundness of Doctrine, Discipline, Prayer, and the Sacrament, all dispensed in the spirit of meekness and love. By soundness of Doctrine we mean those evidences, and sacred truths held forth in the word of God, which have generally been received by the sober and understanding people of God. When the adversaries to Gods truth, will not harken to sound Doctrine which is according to godliness, they are after that course of admonition, which the Gospel plainly directs in, to be separated from all Saint-fellowship, by the power and discipline of the Church. Yet they are not to be left in that desperate condion; but we are by prayer to seek God for their conversion. As for prayer, we are according to the Apostles direction to pray always, with all prayer and supplication, in the Spirit( which we do not interpret, hasty, confused and rash eruptions, of whatever comes first into the mouth, but) with reverence, and a due pre-deliberation, out of a sense of our present wants. But the Form prescribed us by our Lord Jesus Christ, particularly intended and applied to all occurrences, suiting all our lawful desires, beyond the excellency and power of our own expressions, is, Our Father which an in heaven, &c. The SACRAMENTS are not to be administered to the enemies of Gods truth, and the power of godliness. The SACRAMENTS do serve to vindicate the honour of God, and power of godliness, by propagating and strengthening the members of Jesus Christ. The SACRAMENT that propagates the members of our Lord Jesus Christ, is the Sacrament of BAPTISM through Water and the Spirit. In the ordinary dispensation of the mercies of God, none can become members of our Lord Jesus Christ, but such which are Baptized: whereof the seed of the faithful( being partakers of the Covenant) are all of them capable. By the SACRAMENT of the Lords SUPPER, we are strengthened to vindicate Gods Honour and the Power of godliness; our decays of grace being thereby repaired, and the renewings of our spirit bettered, if we worthily communicate of his body and blood in that blessed Ordinance. If these means, viz. Soundness of Doctrine, Discipline, Prayer, and the Sacraments, used in the spirit of meekness and love, prevail not for the vindicating and maintaining the honour of God, and the power of godliness, a Christian may not take Arms, barely upon that Account; for the weapons of our warfare are not Carnal: But as a minister of Justice, and in assistance thereof, he may and ought, being especially called thereunto, and if the Law of the Nation enable him thereunto, that is to say, when the errors and practices of the enemies of Christ, subvert or disquiet the peace of the civil Government. Summarily, to conclude; as we are members of Christ's Church, we conceive it our duty faithfully to endeavour, by all spiritual means, in meekness and love, to vindicate and maintain Gods truth against all Atheists, Jews, Turks, heretics; and the power of godliness, against all profane and loose livers, Sacrilegious persons, schismatics and Hypocrites. And this we pray God to give us his grace to continue in, and pursue in our proper capacities and callings, with an holy courage and resolution, to our lives end. AMEN, AMEN. WE farther as FREE-BORN English-MEN, declare our PRINCIPLES in relation to our LIBERTIES and IMMUNITIES, to which we are entitled to by BIRTH, as we are members of the Commonwealth of ENGLAND; As followeth. As we are members of this Commonwealth, it is our duties, in our place and station, to endeavour the vindication and maintenance of the common Rights and Liberties of the Free-men of England. We do understand by the common Rights and Liberties of the Free-men of England, in general, the propriety and disposing power, which every member of this Nation hath by Law of the Land, in any of his proper Interests, whether Temporal or spiritual; however they were obtained, whether by Grant or Common Usage; not Contrary to the Law of Nature, or the will of God. But more particularly, we do account the Common Right and Liberties of the Free-men of England, the same which were granted us by the Grand Charter, and afterwards, were confirmed to us by more than thirty several Acts of Parliament, and in the third of King Charles were recited, fully cleared, and ratified, to the satisfaction of desires, in that which is commonly called the Petition of Right, hereunto subjoined. We hold it as necessary for every Free-MAN of England to know his Common Rights, as for every Christian to know the Articles of his Faith. All Nation have their several Rights and Freedoms: but none so truly free as the people of England, if their Fundamental Laws be kept inviolate. The Excellency of the Rights and Freedoms of the People of England, consist in six things especially. First, That we cannot be dizseized or charged in our Free-holds, Goods or Franchises, but by Law, or our own consent, in a free and lawful Parliament, and that only for the public good; nor destroyed or straightened in the liberties of our persons, but by the lawful trial of our Peers, or by the Law of this Land. Secondly, That no Law is of force with us, but such as by our own allowance hath been, or shall be established by the sovereign Authority of the Nation; or otherwise hath een received by the constant Usage of the People. Thirdly, That no judgement Concludes us, but such which is passed before Magistrates of our own Nation, ordinarily called, duly authorised, and Legally sworn, to do us justice according to those Laws. Fourthly, That all our proceedings and trials in Law, are to be public, and to our greatest ease; that is to say, in the open view of the country, Hundred, Society or Corporation, where the cause of Action is supposed to be given. Fifthly, That every one of us in matters of Crime and Interest, is triable in the issue of our pleadings only per pares, his Fellows and Neighbouthood; who are to try one the other, both in Law and Fact, upon their Corporal oaths: from which form of trial, the King himself( in point of right) cannot pled exemption. Sixthly, That Justice, according to that Law and form of trial, cannot be sold, delayed or denied to any one. All which particulars are confirmed unto us principally, in the Grand Charter, or Magna Charta, and the Petition of Right. All the ancient Rights and Liberties of this Nation, that are confirmed in the Petition of Right, are not precisely and particularly mentioned in that Petition, but only those common ones relating to civil Government, which were settled on us,( not without some reluctancy) by several Princes in Parliament, who most cautiously reserved several things in the nature of Prerogative Royal, inseparable from the Crown, even whatsoever pre-eminencies of Rule, profits, and dependencies that might make most to the honour, safety, and security of their Sovereign Persons and Government: Which to that end we have since confirmed to them by our frequent Conventions, Institution of several Jurisdictions for their support and benefit, and by their peaceable enjoyment through many generations. Of this also, the late King was very jealous and circumspectly; In the answer he gave to the Petition of Right, granting our desires with a Salvo to his Prerogative. If our Princes reserved only what was necessary to their pre-eminency, and the security of their Government, the public Interest cannot be advanced out of the ruins of that establishment. What was a trust of State in their politic capacity, becomes a personal propriety in the hands of Subjects. In the defence and upholding of which, they are to lay out themselves, as much as for the defence of any Freedom or Immunity whatsoever: The opulency of the Princes trust, being the readiest and main security of the public welfare: For whilst the people might enjoy the Law and Liberties of our Nation, Princes had no other means to support their own sovereignty, and the public safety, but that common stock, which had advanced itself, by the Art, providence, thrift and devotion of several ages, to an invaluable patrimony both in Church and State; indifferently answerable to every mans merits, and the public necessities of the Commonweal. But how suddenly 'tis wasted( being dissipated into private hands) this age hath well taught us; and after-ages will tell us also, what extraordinary indulgencies the people may expect from their new-created Land-Lords: From whom, and with how great difficulty the same is to be repaired; and till then, on whose shoulders the heavy burden of our protection( the grand and standing treasury being exhausted) will necessary be imposed, is easy to be conjectured. The fingers of our new upstart Lords, and of an empty new-rising State, may possibly prove more weighty to a tame and tired people, then the loins of a Free-born Heir, and of an ancient Monarchy, satisfied if not glutted with his own sufficiency. We conceive the People may not take up Arms, to wrest those reserved Rights of pre-eminency and sovereignty out of the Power of the Crown. For that were not only to unbottom all Parliamentary Conventions, but more particularly to unravel the seams of all Government; a way to open a wide gap unto all perfidiousness and Rebellion, and to unsettle the security of all future establishments in what kind soever; which cannot be lawfully raised but out of the public Interest, nor secured but upon the same Principles of Rights and duty. And though we may suppose and grant, that Arms might be taken up for the aforementioned end, yet considering the vast expense of treasure, and of Christian blood, the manifold miseries and ruins of innumerable and most worthy families; The disquiets, cares, tediousness of most considerable issues; the weakening of a settled Government, to a possibility of usurpation from foreign invasions( all which do necessary( as we find by sad experience) attend designs of so high a nature) our present age hath no cause to judge that it was fit an expedient; Nor( however it prove successful though to the highest of rash and inconsiderate mens desires) can it be any way advantageous( so much as to the reparations of it's proper detriments) to many succeeding generations. That which induced this Nation to insist rather on the settlement of the common interests expressed in the Petition of Right, then on those others, which they before had confirmed to the advantage of the Crown, was the very dictate of Nature, and the common Genius of the people, as more proper and generally necessary to their preservation and well-being in a civil society: who( unable without those to live as free-men under Government) did thereupon settle their sovereign Power in a supreme Magistrate;( above a thousand years since, and vowed him their Allegiance) to preserve those reserved Rights, to them and their posterities, as their inviolable birth-right; and to govern and protect them in their ancient liberties by the common justice of this Nation. We conceive then, that those Laws and Liberties are de jure inviolable; not only for that they are the main foundations of this National Government, and the main support of that sovereignty which is established over us( intended for their preservation) but also because all the Norman Princes( as their principal Protector) from the first to the last, before ever they were invested with the Regal power over the people, took their Corporal oath( which is therefore styled the Coronation Oath) to make them their Rule of Government. And generally this whole Nation,( not so long since, as that it should be worn out of the memory) but more especially the high Court of Parliament, and all Ministers of justice, by thei● Oath, Office and Trust, stand charged not only in duty and service to their Country; but also by their Protestation, their Solemn Vow and Covenant, To maintain and defend them, to the utmost of their power, life and estate. The Kings and Princes of this Nation have no Authority, that is, no lawful Authority or Power to invade our Rights and Liberties. But main Question may be, Whether they( in compliance with a popular rage) transmitting their Authority to our Representatives, they our Representatives may alter and change at pleasure the fundamental constitution and frame of our National Government. To which Question we answer: That a party that is entrusted, cannot transfer( at least authoritatively & bindingly) any other power then was originally and expressly committed to them. And that, as hath been declared,( in the Kings of this Nation) was limited by the Common Laws, and Customs of the People. Nor have we ever yet heard or known, that any of the Kings of this Nation ever granted to any our Representatives, any other power or jurisdiction besides only a liberty, and extent of time, for the transacting and settling the affairs of the public, when they really were, or were pretended to be discomposed. But in case any of our Kings had wholly transmitted the power that was in them, to the body of our Representatives, we cannot imagine that body to have been enabled by that joint Authority, beyond the respective trusts, which was in both parties as they stood divided; and that was ever bounded by the Common Rights of the People, and the Fundamental Rules of our established Government.— And when ever alteration of that Government was attempted, it was still clearly renounced by the public disclaimer, or dislike of the whole body of the Nation. And the same now would evidently appear, if the Yea's and No's of the whole Nation could impartially be taken( secluding all by-ends of self-advancement, and security to persons greedy and too much engaged) that there is hardly one man of twenty, that in heart did desire, or as yet can currently, without mal-contentedness, brook the several changes of our anciently established Government. We farther declare, that in whatsoever sense a Parliament be taken, whether in the most ancient, for the King and his great Council, the Lords spiritual and temporal( for they constituted a Parliament before Anno 9. H. 3. to whom the House of Commons was admitted as a Grand Jury, to represent the grievances and desires of the People,) or in the Modern, for the King, and the two Houses of Lords and Commons; or, as it was not long since, for the House of Commons alone; or as it is, for a third part of them; or as equivalently it may be, for a Council of Army-Officers. They never had nor have power( that is, Authoritative) utterly to abolish, alter or abridge, the Fundamental Laws and Liberties of the Nation. To assert the contrary, were most ridiculously to render us free to all others, and slaves to our own Parliaments, whom we entrusted chiefly to assert, defend, and preserve our Liberties. Nor is it imaginable, were ever intended to invest them with Power and Office( in restraint of Regal and popular inroads) by a perfidious combination to betray us and our Posterity to an everlasting bondage. If the necessity of the public welfare shall press hard, there may be, we confess( upon some special emergencies,) occasion to invade the known interest and propriety of some private persons, for the attaimment and preservation of a public good( as, none accuse such either of Felony or Trespass, that pull down an house, to prevent a fire from burning down an whole Town or Street.) Wherein Parliaments have frequently made use of their Power, for some public advantages, but with much tenderness and respect to the parties therein concerned, and the preservation of our common Rights. But that the general invasion of the public interests, should become at any time a necessary means to the promoting of the Common welfare( which is to unsettle every mans propriety, for the improving of the Common Rights) exceeds our Apprehension. The immunities of this Nation cannot indeed be violated, but by the hands of our fellow-Subjects. And because there is nothing else can cheat us out of our best condition, but the hopes of enjoying it under a fuller freedom( which beggarly, discontented, and ambitious spirits, entrusted or countenanced with Power and Authority, craftily present, to the most hazardous assays, attending from commotions their own only possible advantages) and therefore it is that in such cases, we do justly complaint of the Oppression and Tyranny of any Power( appointed for our protection) that may exercise it over us. We do therefore declare all those to be enemies to the Rights and Liberties of the Nation, who by any illegal Power or Authority, already have, or shall hereafter change or invade the Liberties of the People, the public welfare of the Kingdom nor requiring them; or that shall imprison or destroy any Free-man of England in Cause civil or criminal( whilst justice in an orderly course may be had) without a lawful trial by their Peers, or known Law of the Land, and that publicly, by or before a Magistrate, ordinarily authorised and sworn to do justice according to that Law; or shall deny or delay any man the justice of this Nation; or that shall have any influence, intent or privity to any act or design; or that shall not as much as in him lies, impede or discover the same, that may any way prove destructive or prejudicial to the common welfare, and the Government established by the Fundamental Laws of the Nation. Now in case that the interests of disorderly parties shall on either hand be so disputed and contended for by such which by plain consequence are declared against as enemies to the Common Rights, that the true interests and intrustments of the Nation shall be so far neglected, that thereupon grow confusions, burdens, and oppressions; we are bound to study the means of removal of those evils. The first we are bound to use, are prayers and tears to God to avert his heavy judgements, inflicted upon a sinful and rebellious generation: Then, so far as at any time we may be called to it, with charity, meekness and humility, in all endeavours of civility, by daily and incessant remonstrances, and demands, to be preserved in our just and public Rights; thereby, if possible, to prevail upon those that while they invade, or do not preserve our Liberties, are enemies to God, themselves and their Country. But if none of these means prevail, we are all of us with faith and patience to wait upon Gods call, and with a constant resolution, and undaunted zeal, to use all those means that Divine Providence shall hold forth, and season to our hands for our self-preservation. And in such overtures, honest men should show, that they have derived from their Progenitors an English Gallantry, defying all dangers in discharge of duties owing to god, their King, and their Country. Nor can we conceive any man worthy to be accounted the true heir of his fathers honours and immunities, or justly worthy to enjoy the same, who dares not convey them through all difficulties and hazards to succeeding Generations. Therefore while nothing on all hands is less intended then what is pretended, but all affairs are managed by pride, covetousness, erroneous persuasions, or affectation of unlimited greatness, men while they contend for themselves, invading our Liberties, and preying upon our proprieties to maintain their quarrels, lest we be juggled unawares out of our incomparable Liberties into a desperate condition of irreparable Bondage unto all Generations; We are resolved to catch at all likely means of self-preservation, and to defend with our utmost power the Rights and Liberties of the Nation, against all traitorous invasions, by or under pretence of any commands, whether of Conquest-by high hand, foreign or domestic, of submissions or engagements by any factious or seditious party voluntary or compelled. And we hearty beg of God, to animate and unite every member of this distracted Nation( with such a public and noble spirit,) that the welfare of his Country may find the chiefest place in his thoughts. And in relation thereunto, we call upon and challenge from every Christian-free-man amongst us,( or elsewhere in like condition) solemnly to engage to God, and seal it if need be with his dearest blood, That he will faithfully endeavour to vindicate and maintain the honour of God, and the Rights and Liberties of his Country. Beloved Country-men, AFter we have declared our Principles as we are Christians and Free-men, we present you at one view some remarkable things, which dwelled upon by considerate men, will make out our Principles to be both rational and Conscientious, viz. these following things. The Grounds the late King proceeded on in relation to shipmoney, the burden of which the Nation took so tenderly. Yet these sixteen years past, scarce a Month but the Nation have submitted to as great, if not a greater exhausting of Treasure. Next, the Petition of Right, setting briefly forth those Rights and Freedoms which all are to value, and Factions have pretended, but abominably abused. Next, those public Oaths the Nation have generally taken, to the wounding of their Consciences, and the dishonour of God and the Nation, through the contradiction of some to the other. The Kings Letter and Case stated, to the sworn Judges of the Nation, concerning shipmoney. Charles Rex. TRusty and Well-beloved, we greet you well. Taking into Our Princely consideration, that the honour and safety of this our Realm of England( the preservation whereof is only entrusted to our care) was and is now more nearly concerned, then in late former times, as well as divers counsels and attempts to take from us the Dominion of the Seas, of which we are sole Lord and rightful Owner and Proprietor, and the loss whereof would be of greatest danger and peril to this Kingdom, and other our Dominions, as many other ways: We, for the avoidance of those and the like dangers, well weighing with ourselves, that there the good and safety of our Kingdom in general is concerned, and the whole Kingdom in danger, there the charge and defence ought to be born by all the Realm in general, Did for preventing so public a mischief, resolve with ourselves to have a Royal Navy provided, that might be of force( by Almighty Gods blessing and assistance) to protect & defend this our Realm, & our Subjects therein, from all such perils and dangers. And for that purpose, we issued forth Writs under our Great Seal, directed to all the Sheriffs of our several Counties o England and Wales, commanding thereby all our said Subjects, in every City, Town and Village, to provide such a number of Ships, well furnished, as might serve for this our Royal purpose, and which might be done with greatest ease and equality that could be: in performance whereof, though generally throughout all the Counties of this Realm, we have found in our Subjects great cheerfulness, which we graciously interpret as a testimony of their dutiful affections to us, and to our service, as of a respect they have to the public, which well becometh every good Subject: Nevertheless finding that some few, happily out of ignorance what the Laws and Customs of this Realm are, or out of a desire to be eased and freed in their particulars( how general soever the charge ought to be) have not yet paid and contributed the several rates and assessments that were set upon them. And foreseing in our Princely wisdom, that from hence divers Suits and Actions are not unlikely to be commenced and presented in our several Courts at Westminster: We, desirous to avoid such inconveniencies, and out of our Princely love and affection to all our People; willing to prevent such errors as any of our loving Subjects may happen to run into, have thought fit in a case of this nature, to advice with our Judges, who( we doubt not) are well studied and informed in the Rights of our sovereignty; And the Trial in our several Courts, by the formalities in pleadings, will require a long protraction. We have thought expediment by this our Letter directed to you all, to require your judgements in the case as it is set down in the enclosed Paper; Which will not only gain time, but also be of more Authority to over-rule any prejudicate opinions of others in the point. Given under my Signet at White-hall, 2. day of February, in the 12. year of out Reign 1636. To our trusty and well beloved, Sir John Brampston Knight, Chief Justice of our Bench, Sir John Finch Knight, Chief Justice of our Court of Common-Pleas, Sir Hum. Davenport Chief Baron of our Court of Exchequer, and to the rest of the Judges of Kings Bench, and Common Pleas, and the Barons of our Court of Exchequer. The Kings Question. Car. Rex. WHen the good and safety of the Kingdom is in general concerned, and the whole Kingdom in danger, whether may not the King by Writs under the Great Seal of England, command all the Subjects of this Kingdom, at their charge, to provide and furnish such number of Ships with Men, Victual and Munition, and for such time as he shall think fit, for the defence and safe-guard of the Kingdom from such danger and peril, and by Law compel the doing thereof, in case of refusal or refractoriness? And whether in such case is not the King sole Judge, both of the danger, and when and how the same is to be prevented and avoided? The Judges Answer. May it please your most Excellent Majesty. WE have, according to your Majesties command, every man by himself, and all of us together, taken into serious consideration, the Case and Questions signed by your Majesty, and enclosed in your Royal Letter. And we are of opinion, that when the good and safety of the Kingdom in general is concerned, and the whole Kingdom in danger, Your Majesty may by Writ under the Great Seal of England, command all the Subjects of this your Kingdom at their charge to provide and furnish such number of Ships, Men, Victual and Munition, and for such time as your Majesty shall think fit, for the defence and safe-guard of the Kingdom from such damage and peril; and that by Law your Majesty may compel the doing thereof, in case of refusal or refractoriness. And we are also of opinion, that in such case your Majesty is sole judge both of the danger, and when and how the same is to be prevented and avoided. Joh. Brampston, John Denham Geo. Crook Barkeley Joh. Finch. Rich. Hutton Tho. Trever Fra. Crawley Hum. Brampstone. Will. Jones Vernam. Ro Rich. Weston The Petition of Right. Anno Regis Car. 3. Mar. 17. 1627. The Petition exhibited to his Majesty by the Lords spiritual and temporal, and Commons in Parliament Assembled, concerning divers Rights and Liberties of the Subjects: with the Kings Majesties Royal Answer thereunto in full Parliament. To the Kings most Excellent Majesty. HUmbly show unto our sovereign Lord the King, the Lords spiritual and temporal, and Commons in Parliament assembled, That whereas it is declared and enacted by a Statute made in the time of the Reign of Edw. the first, commonly called, 34. Edw. 1. Statutum de Tallagio non concedendo, That no Tallage or aid shall be 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 Free-men of the Commonalty of this Realm. And by Authority of Parliament, holden in the 25. year of the Reign of Edward the 3. it is Declared and Enacted, 25. Edw. 3. that from thenceforth no person should be compelled to make any Loans to the King against his will, because such Loans were against reason, and the Franchise of the Land. And by other Laws of this Realm it is provided, that none should be charged by any charge or imposition, called a Benevolence, nor by such like charge; 1. Ed. 3.6. by which the Statutes before mentioned, and other the good Laws and Statutes of this Realm, your Subjects have inherited this freedom, 11. Rich. 2, 5. That they should not be compelled to contribute to any Tax, 1. Rich. 3.2 Tallage, aid, or ther like charge not set by common consent in Parliament. Yet nevertheless of late, divers Commissions, directed to sundry Commissioners in several Counties, with instructions, have issued; by means whereof, your People have been in divers places assembled, and required to lend certain sums of Money unto your. Majesty; and many of them upon their refusal so to do, have had an Oath administered unto them, not warrantably by the Laws and Statutes of this Realm; and have been constrained to become bound to make appearance, and give attendance before your Privy Council, and in other places; and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted. And divers other charges have been laid and levied upon your People in several Counties, by Lord Lieutenants, Deputy Lieutenants, Commissions for Masters, Justices of Peace, and others by command or direction from your Majesty, or your Council, against the Laws and free Customs of the Realm. And where also by the Statute called the Great Charter of the Liberties of England, 9. H. 3.29. It is Declared and Enacted, that no free man may be taken or imprisoned, or be dizseized of his Free-hold, his Liberties or his free Customs; or be out-lawed or exiled, or in any manner destroyed, but by the lawful Inditement of his Peers, or by the Law of the Land. And in the 28. year of Edward the 3. it was Declared and Enacted by Authority of Parliament, 28. Ed 3.3. that no man, 27. Edw. 3.18 28. Ed. 3.9. 42. Ed. ●. 17. Rich. 2.6. of what Estate or Condition soever, should be put out of his Lands or Tenements, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought to answer by due process of Law. Nevertheless against the tenor of the said Statutes, and other the good Laws and Statutes of the Realm to that end provided, divers of your good Subjects have of late been imprisoned without any cause shewed: And when for their deliverance they were brought before your Justices, by your Majesties Writs of Habeas Corpus, there to undergo and receive as the Court should order, and their Keepers commanded to certify the cause of their detainer; no cause was certified, but that they were detained by your Majesties special command, signified by the Lords of the Privy Council; and yet were returned back to several Prisons, without being charged with any thing to which they might make answer according to the Law. And whereas of late great companies of Souldiers and Mariners have been disposed into divers Counties of the Realm, and the Inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourned, against the Laws and Customs of this Realm, and to the great grievance and vexation of the People. And whereas also by Authority of Parliament, 25. Ed. 3.9. in the 25. year of the Reign of King Edward 3. it is Declared and Enacted, that no man should be forejudged of life or limb against the form of the Great Charter, 9. H. 3.29. 25. Ed. 3.4. 28. Ed. 3.3. and the Law of the Land: and by the said Great Charter, and other the Laws and Statutes of this your Realm, no man ought to be adjudged to death, but by the Laws established in this your Realm, either by the Customs of the same Realm, or by Acts of Parliament. And whereas no offender, of what kind soever, is exempted from the proceedings to be used, and punishment to be inflicted by the Laws and Statutes of this your Realm; Nevertheless divers Commissions of late under your Majesties Great Seal have issued forth, by which certain persons have been assigned and appointed Commissioners with power and authority to proceed within the Land, according to the justice of marshal Law, against such Souldiers and Ma inets, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour whatsoever; and by such summary course and order as is agreeable to marshal Law, and is used in Armies in ●… es of War, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the Law marshal. By pretext whereof, some of your Majesties Subjects have been by some of the said Commissions put to death; when and where, if by the Laws and Statutes of the Land they had deserved death, by the same Laws and Statures also they might, and by no other ought to have been judged and executed. And also sundry and grievous offenders, by colour thereof claiming an exemption, have escaped the punishment due to them by the Laws and Statutes of this your Realm; by reason that divers of your Officers and Ministers of justice, have unjustly refused or forborn to proceed against such offenders according to the same Laws and Statutes, upon pretence that the said offenders were punishable only by marshal Law, and by Authority of such Commissions as aforesaid. Which Commissions, and all other of like natures, are wholly and directly contrary to the said Laws and Statutes of this your Realm. They do therefore humbly pray your most Excellent Majesty, Petition. that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax or such like charge, without common consent, by Act of Parliament. And that none be compelled to make answer, or take such Oath; or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof. And that no free-man in any such manner as is before mentioned, be imprisoned or detained. And that your Majesty would be pleased to remove the said Souldiers or Mariners, and that your People may not be so burdened in time to come. And that the aforesaid Commissions for proceeding by marshal Law, may be revoked and annulled. And that hereafter no Commissions of the like nature may issue forth, to any person or persons whatsoever, to be executed as aforesaid, Lest by colour of them, any of your Majesties Subjects be destroyed, or put to death contrary to the Laws and Franchises of the Land. All which they most humbly pray of your most Excellent Majesty, as their Rights and Liberties according to the Statutes of this Realm. And that your Majesty would also vouchsafe to declare, that the awards, doings and proceedings, to the prejudice of your People, in any of the premises, shall not be drawn hereafter into consequence and example. And that your Majesty would also be graciously pleased for the Comfort and safety of your People, to declare your Royal will and pleasure, that in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statures of this Realm, as they tender the honour of your Majesty, and the prosperity of this Kingdom. Which Petition being red. June 2. 1628. the Kings Answer was thus delivered unto it. THe King willeth that right be done, according to the Laws & Customs of the Realm: and that the Statutes be put in due execution, that his Subjects may have no cause to complain of any wrongs or oppressions, contrary to their just Rights and Liberties; to the preservation whereof he holds himself in Conscience as well obliged, as of his Prerogative. But this answer not giving satisfaction, the King was again Petitioned unto, that he would give a full and satisfactory Answer to their Petition in full Parliament: whereupon the King in person, upon the 7. of June, made this second Answer. Solt droit fait come est desire, Let right be done as it is desired. Which being done, the King said thus: This I am sure is fully, 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 to, nor can hurt my Prerogatives: And I assure you my maxim is, That the Peoples Liberties strengtheners the Kings Prerogative, and the Kings Prerogative is to defend the Peoples Liberties. The Oath of Supremacy. I A. B. do utterly testify and declare in my Conscience, that the K. or Q. Highness is the only Supreme governor of this Realm, and of all other his Highness Dominions, and Countries, as well in all spiritual things or causes, as temporal; and that no foreign Prince, Person, Prelate, State or Potentate, hath or ought to have any Jurisdiction, Power, Superiority, Pre-eminency or Authority, Ecclesiastical or Spiritual, within this Realm: and therefore I do utterly renounce and forsake all foreign jurisdictions, powers, superiorities and authorities; and do promise, that from henceforth I shall bear faith and true allegiance to the Kings Highness, his Heirs and lawful Successors; and to my power shall assist and defend all jurisdictions, privileges, pre-eminencies and authorities, granted or belonging to the Kings Highness, his Heirs and Successors, or united and annexed to the Imperial Crown of this Realm. So help me God, and by the Contents of this Book. The Oath of Allegiance. I A. B. do truly and sincerely aclowledge, profess testify and declare, in my Conscience before God and the World, That our sovereign Lord K. C. is lawful and rightful King of this Realm, and of all other his Majesties Dominions and Countries; And that neither the Pope himself, nor by any authority of the Church or Sea of Rome, or by any other means, with any other, hath any power or authority to depose the King, or to dispose any of his Majesties Kingdoms or Dominions, or to authorize any foreign Prince to invade or annoy him or his Countries, or give licence or leave to any of them to bear arms, raise tumults, or to offer any violence or hurt to his Majesties Royal Person, State or Government, or to any of his Majesties Subjects, within his Majesties Dominions. Also I do swear from my heart, that notwithstanding any declaration, or sentence of excommunication or deprivation made or granted, or to be made or granted by the Pope or his successors, or by any Authority derived or pretended to be derived from him or his Sea against the said King, his Heirs or Successors, or any absolution of the said Subjects from their obedience: I will bear faith and true allegiance to his Majesty his Heirs and Successors, and him and them will defend, to the uttermost of my power, against all conspiracies and attempts whatsoever, which shall be made against his or their persons, their Crown and Dignity, by reason or colour of any such sentence or declaration, or otherwise; and will do my best endeavour, to disclose or make known unto his Majesty, his Heirs and Successors, all treasons and traitorous conspiracies, which I shall know or hear of to be against him or any of them. And I do farther swear, that I do from my heart abhor, detest, and abjure, as impious and heretical, this damnable doctrine and position, That Princes that be excommunicated or deprived by the Pope, maybe deposed or murdered by their Subjects, or any other whatsoever. And I do believe, and in Conscience am resolved, that neither Pope nor any person whatsoever, hath power to absolve me of this Oath, or any part thereof; which I aclowledge by good and full Authority to be lawfully administered unto me; and do renounce all pardons and dispensations to the contrary. And all those things I do plainly and sincerely aclowledge and swear, according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation or mental evasion, or secret reservation whatsoever. And I do make this Recognition and Engagement, hearty, willingly and truly, upon the true faith of a Christian. So help me God. The Protestation. 1641. I A. B. do in the presence of Almighty God, promise, vow and protest, to maintain and defend, as far as lawfully I may, with my life, power and estate, the true reformed and Protestant Religion, expressed in the Doctrine of the Church of England, against all Popery and Popish Innovations, within this Realm, contrary to the same Doctrine; according to the duty of my allegiance, his Majesties Royal person, honour and estate; as also the power and privileges of Parliament; the lawful Rights and Liberties of the Subject; and every person that maketh this Protestation, in whatsoever he shall do in the lawful performance of the same: And to my power, and as far as lawfully I may, I will oppose and by all good ways and means, endeavour to ring to condign punishment all such as shall either by force, practise, counsels, plots, conspiracies, or otherwise do any thing to the contrary of any thing in this present Protestation contained. And further, that I shall in all just and humble ways endeavour to preserve the union and peace between the three Kingdoms of England, Scotland and Ireland; and neither for hope, fear or other respect, shall relinquish this Promise, Vow and Protestation. The Vow and Covenant appointed by the Lords and Commons assembled in parliament to be taken by every man, &c. I A. B. in humility and reverence to the Divine Majesty, declare my hearty sorrow for my own sins, and the sins of this Nation, which have deserved the calamities and judgements that now lye upon it, and my true intention is, by Gods grace to endeavour the amendment of mine own ways; and that I do abhor and detest the said wicked and treacherous design lately discovered, viz. of divers persons to join themselves with the Armies raised by the King, and to destroy the Forces raised by the Lords and Commons in Parliament, to surprise the City of London and Westminster, &c. and by arms to force the Parliament; and that I never gave, nor will give my assent to the execution thereof, but will according to my power and vocation oppose and resist the same, and all other of the like nature: and in case any other like design shall hereafter come to my knowledge, I will make such timely discovery, as I shall conceive may best conduce to the preventing thereof: And whereas I do in my Conscience believe, that the Forces raised by the two Houses of Parliament are raised and continued for their just defence, and for the defence of the true Protestant Religion, and Liberties of the Subject, against the Forces raised by the King: I do here in the presence of Almighty God declare, Vow and Covenant, That I will, according to my power and vocation, assist the Forces raised and continued by both Houses of Parliament, against the Forces raised by the King, without their consent; and will likewise assist all other persons that shall take this Oath, in what they shall do in pursuance thereof. And will not directly or indirectly adhere unto, nor shall willingly assist the Forces raised by the King without the consent of both Houses of Parliament. And this Vow and Covenant I make in the presence of Almighty God, the searcher of all hearts, with a true intention to perform the same, as I shall answer at the great day, when the secrets of all hearts shall be disclosed. What consistency there is between this and the Oath of Allegiance and Supremacy, let all judge: but the Declarations upon it all pretend security to the King, and a perfect allegiance; which they that so understand themselves, would 60 well signally to give the World to understand, that such were their conceptions. FINIS.