THE PETITION OF RIGHT: Exhibited to his MAJESTY, By the Lords and Commons assembled in Parliament, concerning divers Rights, and the Liberties of the Subject; With his Majesty's several Answers to them.  
Also his Majesty's Declaration upon the same.  
Likewise, His Majesty's Commission of Array for Leicester Shire, written by the King in Latin, and translated for the knowledge of the Commonwealth.  
With the Votes of both Houses of Parliament concerning the same.  
john Browne Cler. Parliamentrrum.  
Together how Sir Henry Hastings and others had repulse, and were arrested by a Sergeant at Arms in the execution of the said Commission.  
Printed at London for George Lindesay, and are to be sold by john Gyles at his Shop in Holborn near David's Inn. 1642. june 28.   

The Petition of Rights, Exhibited to his Majesty, by the Lords Spiritual and Temporal, and Commons in Parliament assembled, etc.  
To the Kings most Excellent Majesty.  
Humbly show unto Our Sovereign Lord the KING, the Lords Spiritual, and Temporal Commons in Parliament assembled, That where as 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 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 the Freemen of the Commonalty of this Realm. And by Authority of Parliament holden in the five and twentieth year of the Reign of King Edward the third, it is declared and enacted, That from hence forth 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, by which the Statutes before mentioned, and other the good Laws and Statutes of this Realm, your Subjects have inherited this Freedom; That they should not be compelled ●o contribute to any Tax, Tallage, Aid, or other 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 of them upon their refusal so to do, have had an Oath administered unto them, not warrantable by the Laws or 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 levied upon your people in several Counties, by Lord Lieutenants, Deputie-Lieutenants, Commissioners for Musters, ●ustices of Peace, and others by Command of or Direction from your Majesty, or your Privy 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, It is declared and enacted, That no Freeman may be taken or imprisoned, or be disseised of his , or Liberties, or his free Customs, or be outlawed, or exiled, or in any manner destroyed, but by the lawful Judgement of his Peers, or by the law of the Land.  
And in the eight and twentieth year of the reign of King Edward the third, it was declared, and enacted by authority of Parliament, that no man of what estate and condition that ●e be, should be put out of his Land or Tenements, nor taken, nor imprisoned, nor disherited, ●or put to death without being brought to answer by due Process of Law.  
Nevertheless against the tenure of the said Statutes, and other the good Laws and Statutes of your Realm, to that end provided, divers of your Subjects have of late been imprisoned without any cause shown: And when for their deliverance they were brought before you Justices by your Majesty's Writs of Habeas Corpus, there to undergo and receive as the Court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the Lords of your Privy Council, and yet were returned back to several prisons without being charged with any thing to which they might make answer according to Law.  
And whereas of late, great Companies of Soldiers and Mariners, have been dispersed 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 so journey 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, in the five and twentieth year of the Reign of King Edward the third, it is declared and enacted that no man should before 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 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 excepted from the proceed to be used, and punishments to be inflicted by the Laws and Statutes of this your Realm: Nevertheless, of late time divers Commissions under your Majesty's 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 Martial law, against such soldiers or Mariners, or other dissolute persons joining with them, as should commit any muther, robbery, felony, mutiny, or other outrage, or misdimeanour whatsoever, and by such summary course and order, as is agreeable to Martial Law, and as is used in Armies in time of War, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and be put to death according to the Law Marshal.  
By pretext whereof some of your Majesty's Subjects have been by some of the said Commissioners 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 executed.  
And also sundry grievous offenders by colour thereof, claiming an exemption, have escaped the punishments 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 Martial Law, and by authority of such Commissioners as aforesaid: Which Commissioners and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm.  
They do therefore humbly pray your most Excellent Majesty, hat no man hereafter be compelled to make or yield any Gift or Loane, Benevolence, Tax or such like Charge, without common consent by Act of Parliament. And that none be called to make answer, or to 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 Freeman in any such manner as is before mentioned, be imprisoned or detained. And that your Majesty would be pleased to remove the said Soldiers and Mariners, and that your people may not be so burdened in time to come. And that the foresaid Commissioners for proceeding by Martial Law may be revoked, and annulled. And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever, to be executed, as aforesaid, lest by colour of them any of your Majesty's Subjects be destroyed or put to death, contrary to the Laws and Franchise of the Land.  
All which they most humbly pray, of your most Excellent Majesty, and their Rights and Liberties, according to the Laws and Statutes of this Realm. And that your Majesty would also vouchsafe to declare the Awards, do and proceed, to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence of example. And that your Majesty would be also graciously pleased, for the further 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 Statutes of this Realm, as they tender the honour of your Majesty, and the prosperity of this Kingdom.   

Which Petition being read, the King's answer was thus delivered unto it.  

THe King willeth, that Right be done according to the Laws and Customs of this Realm: And that the Statutes be put in due execution, that his subjects may have no cause to complain of any wrong, or oppositions, 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 made this second answer.  

My Lords and Gentlemen,  
THe answer I have already given you, was made with so good deliberation, and approved by the judgements of so many wise men, that I could not have imagined, but that it should have given you full satisfaction, but to avoid all ambiguous interpretations, & to show you that there is no doubleness in my meaning, I am willing to please you in words, as well as in substance. Read your Petition, and you shall have an answer that I am sure will please you.   
And then causing the Petition to be distinctly read by the Clerk of the Crown, the Clerk of the Parliament read the Kings answer thereto in these words.  
Soit droit fait come est desire, Let right be done as is desired.  
Which being done, the King in Person said thus.  
THis I am sure is full, yet no more than 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 Maxim is, That the people's Liberty strengthens the King's Prerogative, awd that the King's Prerogative is to defend the people's Liberties.  
Ye see now, how ready I have showed myself to satisfy your demands, so that I have done my part: Wherefore if this Parliament have not a happy conclusion, the sin is yours, I am free of it.  
And on the last day of the Session, His Majesty's Speech to both Houses before his assent to the Bills, was this,  

My Lords and Gentlemen,  
IT may seem strange that I come so suddenly to end this Session, therefore before I give my assent to the Bills, I will tell you the cause, though I must avow that I own an occount of my actions to none but God alone. It is known to every one, that a while ago the House of Commons gave me a Remonstrance, how acceptable every man may judge, and for the merit of it, I will not call that in question, for I am sure no wise man can justify it.  
〈◊〉 since I am certainly informed that a second Remonstrance is preparing for me to take away ●… fit of Tonnage and Poundage (one of the chief maintenances of the Crown) by alleging that I have given away my right thereof, by my answer to your Petition.  
This is prejudicial unto me, that I am forced to end this Sessions some few hours before I meant it, being willing to receive any more Remonstrances, to which I must give a harsh answer.  
And since I see that even the House of Commons gins already to make false instructions of what I granted in your Petition, lest it beworse interpreted in the Country, I will now make a new Declaration concerning the true intent thereof.  
The profession of both Houses in the time of hammering this Petition, was no ways to trench upon my Prerogative, saying, They had neither intention nor power to hurt it.  
Therefore it must needs be conceived, that I have granted no new, but only confirmed the ancient Liberties of my Subjects; yet to show the clearness of my intentions, that I neither repent nor mean to recede from any thing I have promised you, I do here declare, that those things: which have been done, whereby men had some cause to suspect the Liberty of the subjects to be trenched upon (which indeed was the first and true ground of the Petition) shall not hereafter be drawn into example for your prejudice: And in time to come (in the words of a King) you shall not have the like cause to complain.  
But as for Tonnoge and Poundage, it is a thing I cannot want, and was never intended by you to ask, never meant (I am sure) by me to grant.  
To conclude, I command you all that are here to take notice what I have spoken at this time, to be the true intent and meaning of what I granted you in your Petition. But especially you my Lords the judges, for to you only under me belongs the interpretation of Laws, for none of the House of Parliament, jointly or separate (what new doctrine soever may be raised) have any power either to make or declare a Law without my consent.    

His Majesty's Commission of Array for Leicestershire.  
Charles' by the grace of God, King of England, Scotland, France & Ireland, Defender of the Faith, etc. To our dear and wellbeloved, Henry Earl of Huntingdon, and William Earl of Devon, and to our loving and faithful Henry Hastings, Knight, son to the said Earl of Huntingdon, Henry Berkley, George Villers, Thomas Burton, Baronet's; Henry Skipwith, john Skeffington and Richard Halford, Knights and Baronet's; Wolstan Dix●y, Richard Roberts, john Bale, Thomas Hartop, Erasmus de la Fountain, and William jones Knights; Henry Hastings of Humberston, George Ashby, and john Pate, Squires, and to our Sheriff of the County of Leicester for the time during, health and greetings. These are to let you know, that We, if the malice of our enemies should presume to invaade our Kingdom of England, (which be fare absent) are willing by the Divine grace favouring Us to resist, and to dispose and order the same for the safety and defence of ourself and of our Kingdom aforesaid, and of our Liege people: We have assigned you, or any three of you, or more, to array and exercise all and singular men of Arms, or men armed, and Archers remaining in the County aforesaid, within the liberty and without, to cause all those to be armed, who are able of body and fit to be armed, who are of sufficient ability to arm themselves, viz. whosoever of them according to his state and faculty, both to aside and contribute, according to the advisement and discretion of you, or any three or more of you: and also to strain and command all those who are able in land or goods, and impotent by reason of the weakness of their bodies, t● labour to find according to the quantity of his Lands and goods, as he may bear it rationably (his state being secure) to be armed: Men of Arms, and men armed either with Bows or Arrows, so that they shall not delay, or cause to be delayed at his own house in his own Country, in defence of the said Kingdom, against our enemies, if danger should happen, that for their delay they endanger not the Kingdom. And to the said men of Arms, or armed men and Archers so arrayed and furnished continually in their arrayment as in an hundred thousand, or otherwise, as it shall be held necessary and convenient, but we do assign you, or any three or more of you, of whom we intent you Henry Earl of Huntingdon aforesaid; and in your absence, you William Earl of Devon, or you Henry Hastings aforesaid, son to the said Earl of Huntingdon, should be one to command and enjoin these men of Arms, or men armed, and Archers so arrayed and habilited, as well at the Seacoasts, as in any other places, where, and as often as it shall be necessary to expel, beat back and destroy our enemies from time to time, when any danger shall appear. We assign also you, and any three or more of you, to muster, or cause those men of Arms, men armed, and Archers from time to time, as often as need shall require, diligently to be done and supervised. And also to proclaim, order, and diligently examine, that all and singular of these men of Arms, men armed, or Archers, to be armed with their own, and no other Arms, upon punishment of losing them: those only excepted, who ought to be armed at the expenses of others, as is aforesaid, and to arrest and take all and singular, whom you shall find contrary and rebellious in this case, and to commit them to our prison, and to remain in the same, till they be freed by the Law. Therefore We command and enjoin you more strictly, that We may by the faith and allegation whereby We are bound, that these Presents being seen, that you may be more securely arrayed and prepared before you at certain days and places, which shall seem more competent and expedient, and less hurtful to our people, that all men staying in your Country, by whom the arrayment and Ammunition may be better performed, come and are called, and those to be arrayed, armed and habilited, & those so arrayed & habilited in this arrayment, be completed: and that you cause the signs to be set up called Beakins, in the accustomed places, by which the Country may be fore-armed, and forewarned of the coming of our enemies, in congruent times. And that you cause those men so arrayed & habilited, when danger shall be feared, ●o march out in defence of the King and Country, from time to time, as well at the Sea-coast, as in any other places, when it shall be more necessary, or that any 3. or more of you, whereof we intent that you, Henry Earl of Huntingdon, and in your absence William Earl of Devon, or you Henry Hastings, son to the aforesaid Earl of Huntingdon, shall be one that shall command them to march out, as is aforesaid, so that for the defect of the defence, arrayment, or marching out of the said men of Arms, or by your negligence the loss of the Country be not caused by our enemies in any manner: But we do grant to all and singular Earls, Barons, Knights, Majors, Bailiffs, Constables, Ministers, and other faithful and liege Earls aforesaid (as well within the liberty as without) firmly by the tenor of these presents, in command that they be intendant, counselling, and helping & assisting you, or either of you, in the execution of the foresaid premises. And that you cause that all those in the Counties foresaid, do meet before you, or before any three or more of you, at certain days and places, which you, or any three or more of you, as aforesaid, shall ordain most convenient, by whom the arrayment, assession, and ordination may be the better execute, and those to whom it shall happen to be taken and arrested for rebellion, to be kept in prison, as is aforesaid. In testimony whereof we have made these our Letters Patents. Witness ourself the eleventh day of June, in the eighteenth year of Our reign.  
By the King,  
W●llis,   

Die Sabbathi 18. junit 1642.  
Resolved upon the Question by the Lords and Commons assembled in Parliament.  
THat this Commission of Array for Leicester is against Law and the liberty and property of the Subject.   

Die Lunae 20 junii. 1642.  
Resolved upon the Question, etc.  
THat all those that are Actors in the putting of the Commission of Array in execution shall be esteemed as disturbers of the peace of the Kingdom, and betrayers of the liberty of the Subject.  
ORdered that this Commission of Array and the aforesaid Votes shal● be forthwith printed and published through the Kingdom.  
joh. Brown Cler. Parliamentorum.   

The Commission of Array put in Execution.  
HIS Majesty having sent this Commission of Array unto the abovenamed which was not with little acceptation received by Sir Henry Hastings, sonn● to the Earl of Huntingdon, Mr. Hofford of Wistoe, etc. by reason the Lo●… Ruthin, and Sir Arthur Hasselridge, contrary to their desire and expectation prevailed with the County, and were chosen Knights of the Shire, and worthily preferred in their behalf to consult with the high and honourable Assembly of Parliament. And therefore with all alacrity endeavour with all their power to oppose the obedient endeavours to the Parliaments command of the Lord Ruthin and Sir Arthr● Hasselridge, etc.  
On Wednesday, the 22. of this present June in the afternoon, the forenamed Henr● Hastings, with others, came to Leicester with a great number of attendants, who sided wit● them, to put their Commission of Array in execution, thereby to nullify what the other ha● already performed, and to imprison those that should not assist them in this design, or shoul● side with the other: so that great commotions began to rise: for this hostile number so suddenly coming upon them made the inhabitants fear, they came to surprise the Town. Th● Lord Ruthin and Sir Arthur Hasselridge giving their personal attendance in the forenoon and had with their own hands and others stuck upon posts in the market place, & other places, orders from the trusty & honourable House of Parliament, which the said Henry Hastin●… with their company, pulled off, & vilified with opprobrious words. At which the Townsmen took it very heinously, and said, It was a high affront, and great indignity to the Parliament.  
And although the Lord Ruthin and Sir Arthur Hasselridge, were not present at th● instant of time, when these great disasters were like to befall, yet the wisdom of the P●…liament had provided (that if whom they had appointed Lieutenants for that County, sho●… have any opposition) a Sergeant at Arms, who was there present, and did in the King's nam●… and in the name of the high Court of Parliament, arrest the said Henry Hastings and oth●… and would have their bodies put into safe custody.  
This sudden act persuaded their minds to desist, as was thought by the changing of th●… colour: and now began the Townsmen to bestir themselves, to have the Sergeant at Ar●… his Prisoners forthcoming.  
But by reason of the multitude of the one, and the paucity of the other, after much striv●… for the space of two hours, at length got the Prisoners mounted on Horseback, and 〈◊〉 once road all away together.  
FINIS.